REVISED PENAL CODE

OF THE PHILIPPINES
ACT NO. 3815
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)
BOOK TWO
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
The Crimes against National Security are:
1. Treason (Art. 114)
2. Conspiracy and proposal to commit treason (Art. 115)
3. Misprision of Treason (Art. 116)
4. Espionage (Art. 117)
5. Inciting to war or giving motives for reprisal (Art. 118)
6. Violation of Neutrality (Art. 119)
7. Correspondence with hostile country (Art. 120)
8. Flight to enemy’s country (Art. 121)
9. Piracy and Mutiny (Art 122, R.A. 7659)
10. Qualified Piracy (Art. 123 R.A. 7659)

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Section One. — Treason and espionage
Art. 114. Treason. — Any person who, owing allegiance to (the United States or)
the Government of the Philippine Islands, not being a foreigner, levies war
against them or adheres to their enemies, giving them aid or comfort within the
Philippine Islands or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses
at least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason
as defined in paragraph 1 of this Article shall be punished by prision mayor to
death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O.
No. 44, May 31, 1945).
EXPLANATION:
A. Who can be liable for treason? Filipino citizens and Resident aliens.
B. What are the modes of committing treason?
1) by levying war ;
2) by adhering to the enemy by giving him aid or comfort.
C. Where can treason be committed? In the Philippines or Elsewhere.
D. What is “Levying War”? Actual assemblage of persons for the purpose
of executing a treasonable design. The war must be against the
government.
E. What is “Adherence to the Enemy”? That a citizen intellectually or
emotionally favors the enemy and harbors sympathy or conviction disloyal
to his country (Cramer vs. U.S. Supreme Court 918)
F. What constitute the act of giving “Aid and Comfort”? Partakes a deed
or Physical activity which may strengthen or tend to strengthen the enemy
of the government or tends to weaken the power of the government or the
country to resist or attack the enemies.
G. What are the pieces of evidence required for the conviction of Treason?
1) Testimony of at least two witnesses to the same overt act.
2) Confession of guilt in open court.

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Art. 115. Conspiracy and proposal to commit treason; Penalty. — The
conspiracy or proposal to commit the crime of treason shall be punished
respectively, by prision mayor and a fine not exceeding P10,000 pesos, and
prision correccional and a fine not exceeding P5,000 pesos.
EXPLANATION:
A. The two witness rule does not apply.
B. The punishable act here is conspiracy itself or the act of proposing to
commit the crime of treason.
C. This is a case wherein a person may be punished even without
committing the act of treason.
Art. 116. Misprision of treason. — Every person owing allegiance to (the United
States) the Government of the Philippine Islands, without being a foreigner, and
having knowledge of any conspiracy against them, conceals or does not disclose
and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which he resides, as the case may
be, shall be punished as an accessory to the crime of treason.
EXPLANATION:
A. What are the elements of the crime?
1. The offender must owe allegiance to the government of the
Philippines;
2. The offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason against the
said government:
4. and he conceals or fails to disclose the same to the authorities in
which he resides.
Art. 117. Espionage. — The penalty of prision correccional shall be inflicted
upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans,
photographs, or other data of a confidential nature relative to the defense
of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the
articles, data, or information referred to in the preceding paragraph,
discloses their contents to a representative of a foreign nation. The
penalty next higher in degree shall be imposed if the offender be a public
officer or employee.

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treason is committed by a person owing allegiance to a country. 5) Acts of espionage punished under C. What are the elements of the Second mode? 1) The offender is public officer 2) He has in his possession the articles. What are the elements of the first mode? 1) The offender without any authority enters a warship. disloyalty or mutiny in the Armed Forces of the Philippines. it is not necessary that the offender succeeds in obtaining the information. Section Two. The ways of committing both crimes are also distinct. data or information referred to in the first mode of committing this crime. 118. par 2) 4) In the first mode of committing the felony. (b) the unlawful disclosing of information relative to the defense of the Philippines. 6) Treason distinguished from espionage – treason is essentially a war crime while espionage is committed in time of peace or war. — The penalty of reclusion temporal shall be imposed upon any public officer or employee. 616. — Provoking war and disloyalty in case of war Art. and 3) He discloses their contents to a representative of a foreign nation. 4 . (f) harboring or concealing violators of the law. Inciting to war or giving motives for reprisals. who. and that of prision mayor upon any private individual. B. and (g) photographing from aircraft of vital military information. (c) disloyal acts in time of peace like causing insubordination. by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property. fort. (e) conspiracy to violate any of said acts. photographs or other data of confidential nature relative to the defense of the Philippines. while espionage is generally committed by a foreigner. 2) He obtains information. naval or military establishment or reservation. No. (Art. committed in time of peace or in time of war. 117. Ordinarily. plans. (a) unlawful obtaining of information relative to the defense of the Philippines or to the advantage of any foreign nation.A.EXPLANATION: A. (d) disloyal acts in time of war like conveying false reports with intent to interfere with the operation of the Armed Forces of the Philippines or willful obstruction to the recruitment or enlistment of services.

— Any person who in time of war. and (3) notice or information be given thereby which might be useful to the enemy or intended by the offender to aid the enemy. (b) that the offender shall have correspondence with an enemy country or territory occupied by enemy troops. Art. shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. violates any regulation issued by competent authority for the purpose of enforcing neutrality. he shall suffer the penalty of reclusion temporal to death. if the correspondence has been prohibited by the Government. The correspondence giving information that might be useful to the enemy. Correspondence with hostile country. the correspondence must be prohibited by the government. Violation of neutrality. Flight to enemy country. A. Elements: (a) That there is a war in which the Philippines is in involved. and (c) The offender violates any of said regulations. and 3. If the offender intended to aid the enemy by giving such notice or information. 119.Art. Under the first mode. — The penalty of prision correccional shall be inflicted upon anyone who. 3. if notice or information be given thereby which might be useful to the enemy. if such correspondence be carried on in ciphers or conventional signs. — The penalty of arresto mayor shall be inflicted upon any person who. on the occasion of a war in which the Government is not involved. 5 . The penalty is as severe as that of treason. By reclusion temporal. What are the elements? (a) There is war in which the Philippines is not involved (b) competent authorities have issued regulations to enforce neutrality. Art. 2. (2) carried on in ciphers or conventional signs. is treasonous in nature. By prision correccional. 120. if intended by the offender to aid the enemy. and (c) that said correspondence is (1) prohibited by the government. 121. owing allegiance to the Government. attempts to flee or go to an enemy country when prohibited by competent authority. the twowitness rule does not apply. 1. But in providing the offense. 2. This is committed in time of war. 2. If the correspondence is carried on in ciphers or conventional the penalty is higher. By prision mayor.

122. – “High Seas” does not necessarily mean that the crime be committed beyond the 3-mile limit (now 12 limit) of any state. they are therefore “strangers. The same penalty shall be inflicted in case of mutiny on the high seas.” If the offenders who seized the vessel by violence or intimidation or force against things are members of the crew or passengers. 4. This felony may also be committed by a foreigner as he owes allegiance to the government even though temporary in nature.1. It means any waters on the sea cost which are without the 6 . shall seize the whole or part of the cargo of said vessel. Seizure may be committed by persons who smuggled themselves into the crew nor passengers. 43 Phil. The offenders are strangers to the vessel. without lawful authority and done animo furandi and in the spirit and intention of universal hostility. Piracy defined – piracy is robbery or forcible depredation in the high seas. The mere attempt to flee is punished by law. (People vs Lol-lo. The attack against the vessel comes from the outside but the seizure of the cargo takes place inside the vessel. — Piracy and mutiny on the high seas Art. 5. Section Three. and (b) by seizing the whole or part of the cargo or equipment of the vessel while on the high seas or the personal belongings of its complement or passengers. and (c) He attempts to flee to enemy country which is prohibited by the government. or personal belongings of its complement or passengers. 1. Meaning of “High Seas” in the Crime of Piracy. its equipment. piracy is not committed but robbery in the high seas. shall attack or seize a vessel or. Piracy in general and mutiny on the high seas. not being a member of its complement nor a passenger. 3. 19) 2. Lol-lo. Pirates are in the law hostics humani generis. the defenders not being members of the complement or passengers. on the high seas. 3. Modes of committing piracy: (a) By attacking or seizing a vessel on the high seas. Elements: (a) Existence of war in which the Philippines is involved. supra). 2. Piracy is a crime not against any particular state but against all mankind. (People vs. — The penalty of reclusion temporal shall be inflicted upon any person who. (b) The offender owes allegiance to the Philippines.

(Bouvier’s Law Dictionary). It is committed on the high seas. it is immaterial. neither passengers nor members of the crew. that is. These are piracy and mutiny. physical injuries. supra). 123. Whenever they have seized a vessel by boarding or firing upon the same.Mutiny is unlawful resistance to a superior office. Lo-lo. Whenever the pirates have abandoned their victims without means of saving themselves. 2. 1. or rape. This rule does not also apply to an enemy vessel which is non-belligerent. The offenders are strangers to the vessel. The jurisdiction of piracy unlike all other crimes has no territorial limits. the felony is mutiny. and (c) crime accompanied by murder. 2. under any of the following circumstances: 1. Art. (b) abandonment of victims without means of saving themselves. the attack of the vessel comes from the outside. (44 C. or 3. – Both are felonies against the law of nations. such cannot make the crime complex. Is there qualified mutiny? There is qualified mutiny because of Art. Mutiny defined. 123 which embraces any of the crimes referred to in Art. Qualified piracy. physical injuries or rape. Lol-lo. Piracy may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. — The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article. Piracy does not apply to an enemy vessel in time of war as such will be considered an act of war. (People vs. 122. homicide. Whenever the crime is accompanied by murder. homicide. 7. though neutral to war are not neutral to crime. 1207. supra). 9. In piracy. Special qualifying circumstances are: (a) Seizure of the vessel by boarding or firing upon the same. Any of said crimes that accompanies the commission of piracy becomes an element of qualified piracy. 6. . although such waters may be in the roadstead. 8.J. People vs. or within the jurisdictional limits of a foreign government. But the qualifying circumstances of mutiny are limited to pars (2) and (3) of Art. Otherwise. Piracy distinguished from mutiny. because the latter. 123. 7 . as the raising of commotions and disturbances on board a ship against the authority of its commander.boundaries of the law-water mark. Hence.

irrespective of its depth. or when the offenders abandoned the victims without means of saving themselves. irrespective of the value thereof.It shall refers to all bodies of water such as but not limited to seas.The penalty of reclusion temporal in its medium and maximum periods shall be imposed. The offenders shall be considered as pirates.. (1985). Under Sec. Aircraft Piracy or Hijacking (Rep.. It shall include all kinds and types of vessels or boats used in fishing. such as giving them information about the movement of police or other peace officers of the government. the sea-bed. People vs. Philippine Waters. including a passenger or member of the complement of said vessel. Decree 532). the insular shelves. including territorial sea. committed by any person. or the personal belongings of its complement or passengers.Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. If rape. gulf. length or dimension. shall be punished as an accomplice of the principal offenders. Act No. It is committed by any person who compels a change in the course or destination on an aircraft of Philippine registry. by means of violence against or intimidation of persons or force upon things. in the Philippine waters. Vessel. Penalty. Rodriguez. If physical injuries or other crimes are committed as a result or on the occasion thereof. shall be considered as piracy. the mandatory penalty of death shall be imposed.Piracy in Philippine Waters (Pres. de los Reyes. (People vs. and People vs. breadth. 135 SCRA 465. Any attack upon or seizure of any vessel.. or any person who directly or indirectly abets the commission of piracy. and other submarine areas over which the Philippines has sovereignty or jurisdiction. et al. murder or homicide is committed as a result or on the occasion of piracy. or seizes or usurps the control 8 . 135 SCRA 465). 6235 [1971]). Ponce. and all other waters belonging to the Philippines by historic or legal title. 135 SCRA 465. or the taking away of the whole or part thereof or its cargo equipment. or acquires or receives property taken by the pirates or in any manner derives and benefits therefrom.. 3 of RA 7659 the penalty is reclusion perpetua. the penalty of reclusion perpetua shall be imposed. bays around between and connecting each of the Islands of the Philippine Archipelago. or when the seizure is accomplished by firing upon or boarding a vessel. The penalty of piracy where homicide was also committed is death regardless of plea of guilty under Press Decree 532. Aiding pirates or abetting piracy – Any person who knowingly and in any manner aids or protects pirates.

shall suffer. while it is in flight. without legal grounds. or 3. The penalty of imprisonment of fifteen years to death. detains a person.thereof. or a fine of not less than twenty – five thousand pesos but not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the following circumstances: 1. PROHIBITION. 2. — Any public officer or employee who. if the detention has not exceeded three days. homicide. INTERRUPTION. serious physical injuries or rape. or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos. It is also committed by any person who compels an aircraft of foreign registry to land in Philippine territory or seizes or usurps the control thereof while it is within the said the said territory. AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP Section One. member of the crew or passenger of the aircraft. The offender shall be punished by an imprisonment of not less than twelve years but not more than twenty years. — Arbitrary detention and expulsion Art. VIOLATION OF DWELLING. 1. 124. Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Chapter One ARBITRARY DETENTION OR EXPULSION. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft. 9 . Arbitrary detention. Whenever he has fired upon the pilot. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period. An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors are opened for disembarkation. Whenever the crime is accompanied by murder.

and 4. (b) under 125. The penalty of prision correccional in its medium and maximum periods. to wit: Those punished under (a) Art. Arrest without a warrant may be made by a public officer in the following cases: (a) When the person to be arrested has committed. Detention by a public officer made with or without a warrant of arrest. 5. shall be considered legal grounds for the detention of any person. 7. 6. 124 is not committed. 1. within the meaning of the rule authorizing an arrest without warrant. if the detention has continued more than three but not more than fifteen days. That of reclusion temporal. 3. Probable cause for an arrest without warrant is such a reasonable ground for suspicion supported by circumstances sufficiently strong in themselves as to warrant a reasonable man in believing the accused to be guilty. or the offence is continuing. and (b) violent insanity or other ailment requiring compulsory confinement of the patient in a hospital. The penalty of prision mayor. is already committing or is about to commit an offense is his presence. 124: (1) Offender is a public officer or employee. If the arrest is made with a warrant. or has not been consummated at the time the arrest was made. Elements of arbitrary detention under Art. 4. 126. if the detention shall have exceeded six months. arbitrary detention under Art. like leprosy. (b) When the offense has in fact been committed and he has personal knowledge of the facts that the person to be arrested is an escaped prisoner. 8. The commission of a crime. although at a distance. There are three kinds of arbitrary detentions. Besides 10 . 124.2. 2. The legal grounds of detention are: (a) commission of a crime. – It is the deprivation by a public officer of the liberty of a person without any legal ground. (2) He detains a person. 3. and under Art. illegal detention is committed. If the offender is a private person. Besides reasonable man in believing the accused to be guilty. and (3) without legal grounds. or hers the disturbance created thereby and proceeds at once to the scene thereof. Arbitrary detention defined. if the detention has continued for more than fifteen days but not more than six months. Committing a crime in the presence or within the view of the officer. or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital. means that the officer sees the offense.

1986 and July 25. ordered one of his policemen to re-arrest the prisoner and put her again in jail. Even if the offended parties were occasionally allowed to leave the municipal building where they were confined after their arrest and allowed to eat outside. 10. The detention starts from the moment the offended party is arrested. Under such conditions even if the suspected person is later found to be innocent. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. for crimes or offenses punishable by correctional penalties. 1987. the act must be done in good faith. (As amended by E. 11. to communicate and confer at any time with his attorney or counsel. respectively). twelve (12) hours. Art. Delay in the delivery of detained persons to the proper judicial authorities. 12. Although he acted without malice he is guilty of arbitrary detention through simple negligence since he could have first ascertained from the justice of the peace the true facts of the case before acting.O. In every case. or their equivalent. 59 and 272. or their equivalent and thirty-six (36) hours. Nov. 13. 11 . for crimes. Nos. arbitrary detention still exists. eighteen (18) hours. 7. An arrest made to determine if a crime has been committed is illegal. or offenses punishable by afflictive or capital penalties. 9. Arbitrary detention through simple negligence may be committed as when a prisoner was released by the justice of the peace but the chief of police believing the verbal order of release to be illegal and done merely to wreak vengeance upon him in view of their strained relations.reasonable ground of suspicion. or their equivalent. The obligation to make an arrest by reason of a crime does not require the indubitable existence of a crime. for crimes or offenses punishable by light penalties. the peace officer is not liable. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of. if they were too terrorized to take advantage of the occasional sallies and then briskly returned to the custody of the guard. The legality of detention does not depend upon the official fact of a crime but not upon the official fact of a crime but upon the nature of the deed. 125. There is detention if one is confined or restrained of his liberty.

Camerino. No. Art. the detention is legal but the public officer failed to deliver the detained person to the proper judicial authorities within the period of: (a) 6 hors. 409) the City Fiscal may grant bail. People vs. vs. following by analogy the doctrine laid down in U.G5604). 2.S. No. prohibit or prevent an attorney from visiting or conferring privately with the person detained shall be punished by arresto mayor. The person detained has the following rights: (a) to be informed the cause of his detention. 12 . (Art.R. for crimes or offenses punishable by correctional penalties. 771) Art. Act No.G. Any confession given by him in violation thereof is inadmissible in evidence.1. “Judicial authority” means the courts of justice of judges of said courts vested with judicial power to order the temporary detention or confinement of a person charge with having committed offence. Ponte. (Costosa vs. (Magtoto vs. that is “the Supreme Court and such inferior courts as may be established by law. A public officer or employee who should obstruct. CA-G. 279 arbitrary detention is committed by them. or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. Act. Act. Under Sec. In this felony. 6178-R. 3940 and Rep. 20. a detained person has a right to counsel and to be informed of such right. — The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner. III. supra. 1038) Executive Order 59 repealed Pres. 47 of the Revised Charter of Manila (Rep. and (c) 18 hours. for crimes or offenses punishable by light penalties. (People vs. IV of the 1973 Constitution. 50 O. The court of Appeals holds that the City Fiscal of Manila is a judicial authority because under Sec. and (b) to communicate and confer at any time with his counsel upon his request.” (Sayo vs. supra). 126. Schultz. supra). No. Decree 1404. 3. 12 (1) and (3) 1987 Constitution). (RA 857) If a private person conspired with peace officers in illegally detaining the offended party. 21 1951. 20 Phil. Feb. Executive Order 272 amended periods to deliver arrested persons as follows: a) 12 hours for offenses punishable by light penalties. 71 O. (b) 9 hours. 125. Cruz. b) 18 hours for offenses punishable by correctional penalties and c) 36 hours for offenses punishable by afflictive penalties. Manguerra. for crimes or offenses punishable by afflictive or capital penalties (amended by Rep. Sec. This felony by omission. Chief of Police. Executive order 191 modified Executive Order 59 by expressly reviving Art. citing Sayo. This article applies only if the arrest is made without a warrant and it is lawful. Delaying release.

Violation of domicile. 38 Phil. Art.This is committed by a public officer or employee who (1) delays for the period of time specified in Art. not being authorized by nay judicial order perform any of the following acts: (a) shall enter any dwelling against the will of the owner thereof. search papers or other effects found therein without the previous consent of such owner. 124. or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender. 3. 113). 1. [CA] 40 O. 13 . (People vs. the penalty shall be prision correccional in its medium and maximum periods. shall enter any dwelling against the will of the owner thereof. 128. 127. This is committed by a public officer or employee who without authority of law (a) shall expel any person from the Philippines. — The penalty of prision correccional shall be imposed upon any public officer or employee who. If the offense be committed in the night-time. shall search papers or other effects found therein without the previous consent of the owner. “Against the will of the owner” presupposes opposition or prohibition. shall expel any person from the Philippine Islands or shall compel such person to change his residence. Expulsion. or (2) unduly delays the services of the notice of such order to said prisoner or the proceeding upon any petition for the liberation of said prisoner. — Violation of domicile Art. not being authorized by judicial order. shall refuse to do so. not being thereunto authorized by law. the performance of any judicial or executive order for the release of a prisoner. — The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who. Sane. and being required to leave the premises.G. A Filipino citizen is not subject to expulsion. The Chief Executive has the power to deport aliens as an Act of State. (b) having entered the dwelling not against the owner. 5. or (c) having surreptitiously entered the dwelling and being required to leave shall refuse to do so. 41). by said owner. whether express or implied. Supp. (In re: McCullough Dick. This is committed by a public officer or employee who. 2. or (b) shall compel such person to change his domicile. or having surreptitiously entered said dwelling. 1. Section Two.

Sy Juco. 5. Search warrants maliciously obtained and abuse in the service of those legally obtained. and (b) exceeding the authority or using unnecessary severity in executing a search warrant legally obtained. shall exceed his authority or use unnecessary severity in executing the same. The fact of looking at the sala and the kitchen of the house to see if the penknife which the offended party carried when the public officer followed him in his house was there is not strictly search of papers and effects punished by Art. Addison. 2. the crime is qualified trespass to dwelling. 129 punishes two acts. 128. 4. The offender is a public officer or employee. The requisites of a valid search warrant are as follows: (a) application supported by oath. as will warrant a cautious man in the belief that his action. 1891). The judicial order is the search warrant. the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1. (People vs. 566). For example. supported by facts and circumstances. and (c) issuance based on probable cause to be determined by the judge. 3. or.000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause. The special aggravating circumstances to increase the penalty are (a) nighttime. and (b) if any papers or effects not constituting a crime be not returned immediately after the search.G. 28 Phil. and the means taken in prosecuting it. [CA] 49 O. 280) 3. and (b) serious physical injuries. The commission of any of these act is independent of the liability of the offender for the commission of any other offense. 14 . 64 Phil. are legally just and proper”. — In addition to the liability attaching to the offender for the commission of any other offense. to wit: (a) abuse in the service of the search warrant. the liability of the offender will be for two crimes. 1. Art. (People vs. If the entrance to the dwelling of another against the latter’s will is committed by a private person. Art. (U. A complex crime cannot result because this article provides for two penalties. (b) description of the place to be searched and also the persons or things to be seized. Probable cause for search warrant is “such reasons. 129. in the service of a warrant legally procured. (Art. namely: (a) procuring a search warrant without just cause.S vs.2. Ella. having legally procured the same. 657) 4. the public officer inflicted serious physical injuries upon the offended party.

The right of search and seizure includes that of searching the person of one who is arrested in order to find and seize things connected with the crime or its fruits or means by which is was committed. 886) 7. any member of his family. without the presence of two witnesses residing in the same locality. (People vs. Sec 7. papers or effects of a person in the absence of (a) the latter. (Uy Kheytin vs. Being a substantive provision. 130. (b) or nay member of his family. A public officer commits this crime if with a valid search warrant. 2. Villareal. Court. papers or other belongings of any person. and (c) in their default. or in their default.S 20. New Rules on Criminal Procedure now provide for the presence of two witnesses of sufficient age and discretion residing in the same locality. to the end that “unreasonable searches and seizures” may not be made – that abuses may not be committed. Where there is no warrant of arrest or search warrant issued by a judge after personal determination by him of the existence of probable cause. 64 Phil. without the presence of two witnesses residing in the same locality. The purpose in requiring that the place to be searched and the things to be seized be particularly described is t leave to the officers of the law no discretion regarding what articles they should seized. he shall search domicile. interruption and dissolution of peaceful meetings 15 . 79 Phil. Section 7 of the Revised Rules of Court providing for the presence of at least one witness residing in the neighborhood during the search. in cases where a search is proper. Dizon. — Prohibition.637). 42 Phil. evidence seized therefrom cannot be admitted as evidence and should never have been considered by the trial court for such evidence was seized illegally. An exception to the necessity of a search warrant is the right of search and seizure as an incident of lawful arrest. The true test of sufficiency of an affidavit to warrant issuance of a search warrant is whether he has been drawn in such manner that perjury could be charged thereon and affiant held for damages caused. July 6. it cannot be deemed to have been impliedly amended by the provision of Rule 126. 8. Rule 126. 33) 6.) Art. 1988. (Aguello vs. U. Section Three. shall search the domicile. 1. in the absence of the latter. cited in Alvero vs.5. (Alvarez vs. — The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who. Idel Amminnudin GR 74869. Searching domicile without witnesses.

or shall dissolve the same. shall prohibit or interrupt the holding of a peaceful meeting. (People vs. interruption and dissolution of peaceful meetings. any petition to the authorities for the correction of abuses or redress of grievances. 3. — The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who. 44 Phil. Shall hinder any person from joining any lawful association or from attending any of its meeting. If the complainant talked on a prohibited subject in a public meeting. Calera. [Ca] 45 O. The offender is a public officer who commits any of the following acts: a. (People vs. shall prohibit or interrupt the holding of peaceful meeting or dissolve the same. Prohibition. Without legal ground. 144 and not Art. a policeman. 11. 83). 910). Art. 131. 2. Alipit. like the meeting of a municipal council. without legal ground. It is necessary that the accused be a stranger. Shall prohibit or hinder any person from addressing any petition to the authorities fro correction of abuses or redress of grievances. not a participant. [CA] 40 O. the crime if interruption of a peaceful meet9ing was not committed because the complainant himself by his voluntary act imposed a limitation on the exercise of his voluntary act imposed a limitation on the exercise of his individual privilege of the freedom of speech. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing. b. If the meeting of a legislative body is dissolved.G. told him to suspend his speech. 2573).G. is liable for unjust vexation under Article 287. and as a result thereof a confusion among the public arose. The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. and the accused. et al. Supp. (People vs. 1. 131 will apply. either alone or together with others. The accused who is not a stranger but a participant to the meeting which was interrupted and dissolved.. 16 .Art. of the meeting that has been interrupted and eventually dissolved. Yalong. c.

A meeting in a public place sponsored by a religious sect is not a religious ceremony. Mojica. 132. 1935). — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who. 132. 12980-R.R. Interruption of religious worship. 13633-R. 51 O. 1. No. This crime is punished to protect the constitutional rights of freedom of religion. CA-G. of actually threatening the life of the priest should the latter persist in his intention to say mass and as a result thereof the mass was not celebrated is a violation of Art. — Crimes against religious worship Art. a barrio lieutenant. (People vs. 133. (People vs. A meeting was held by the Iglesia ni Cristo (Church of Christ) in a public plaza after securing the mayor’s permit. the penalty shall be prision correccional in its medium and maximum periods. 1995. 2. 4619. 29. 132. Art.4. Mandoria. Accused. in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.).R. No. as a result of which crowd dispersed. The act of the accused. fired two shots in the air. 3. 17 . July 27. — The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. Section Four. Held: Art 131 is violated and not Art. a policeman. Offending the religious feelings. A minister of the sect delivered a sermon attacking the catholic and Aglipayan churches. Reyes. If the crime shall have been committed with violence or threats. 1. (People vs.G. The special qualifying aggravating circumstances are: (a) violence and (b) threats. Dec. [CA] G. This crime is committed by a public officer in two ways: (a) preventing or (b) disturbing the ceremonies or manifestation of any religion. This is the only crime against the fundamental laws of the State that may be committed not only by a public officer but also by a private person.

(Note: Two strong dissenting opinions support the majority view in the Baes decision that the acts must be judged from the point of view of the feelings of the followers of the religious sect against which is directed for it is possible that certain acts may offend the feelings of those who profess a certain religion but not otherwise offensive to those professing another faith. because the construction of the fence. March1. 30. 1955). (a) Causing a funeral held in accordance with the rites of a religious sect to pass through the Catholic Church through force and threats of violence (People vs. 5. 13619-R. (People vs. 1971). 4. The act of performing burial rites in the Catholic cemetery with a burial permit. constitutes unjust vexation and not the act punished in Art. or dogma. may offend the catholic priest of the municipality and some adherents but are not offensive to the feelings of those who profess the Christian religion. (People vs. (People vs. supra).G. 60 Phil. construction of a fence in front of a chapel where a “pabasa” was being held which resulted in the dispersal of the crowd attending the ceremony. An act is notoriously offensive to the religious feelings of the faithful when a person ridicules or makes light of anything constituting a religious dogma. 68 Phil. Migallos [CA] G.1552. Ex. regardless of religious sect and denomination. mocks or c\scoffs at anything devoted to religious ceremonies. 1969. in accordance with the practices of “Christ is the Answer” by reading passages from the Bible. even though irritating to those present. However. or ritual for the purpose of ridicule.R. chanting Alleluia and singing religious hymns. 3. 369). No. 67 O. and (b) performed in a place devoted to a religious worship or during the celebration of a religious ceremony. or (b) Stoning a minister while in the act of preaching his beliefs. especially at a time when all Christian churches of religious sect are towards understanding and tolerance.) 18 . August 5. 203). because they should be viewed from the standpoint of all Christians. 133. Baes. The act of the accused must be (a) a notorious offensive to the feelings of the faithful. who are believers in Jesus Christ. [CA] 07115-CR. is a matter of complete indifference to those not present. Tengson. Reyes. Whether the act is notoriously offensive to the feelings of the faithful is to be judged by the feelings of the followers of the religious sect offended and not by those of other faithful ones. Baes. This follows the dissenting opinion of justice laurel in the Baes case that an offe4nse to religious feelings should not depend upon the conception of any particular religion but should be gauged by the nature of the acts committed.2. An act notoriously offensive to religious feelings must be directed against a religious practice. Aug. (People vs. lays with or destroys any object of veneration by the faithful.

CA-G. shouted through the public address system “Come on now. let us have a jam session. the territory of the Philippine Islands or any part thereof. also where the accused while drunk entered with uplifted hands while the congregation of the Assembly of God was having its afternoon session inside its chapel and attempted to grab the song leader who ran away from him and as a result the other members of the sect also ran out of the chapel and the religious services discontinued. Those liable are (a) leaders and (b) followers. naval or other armed forces. which acts cannot be considered notoriously offensive to the feelings of the faithful. depriving the Chief Executive or the Legislature. Title Three CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION. (People vs. The purpose of the uprising is political. — The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws. 1.” the crime committed is unjust vexation as the offender merely purposely annoyed the feelings of the religious group for unjustifiable reason.R. of any of their powers or prerogatives. (As amended by R. So. or (2) to deprive the Chief Executive or the Legislature. and refused to tone down the amplifier when requested to do so and instead upon hearing that the prayer had begun. 1963). 134. SEDITION AND DISLOYALTY Art. of any body of land. they are already starting.A. 02658-R. wholly or partially. the Philippine territory or any part thereof. 7. How committed. Nonoy. 2. 19 . Where the accused played dance music in his public address system while a group of Catholics were about to commence praying the rosary. CA 69 O. Tamarra. naval or other armed forces. or any body of land. wholly or partially of any of their powers or prerogatives. July 1. (People vs.G. 6968). the crime is unjust vexation as he did not perform acts notoriously offensive to the feelings of the faithful.6. Rebellion or insurrection. Elements: (a) public armed uprising and (b) the purpose is either (1) to remove from the allegiance to the government or its laws. to overthrow the duly constituted government in order to establish another form of government. that is. 8043).

April 25. 53 O. May 29. 28 SCRA 72). (People vs.G 55). L-4974. arson. Geronimo. May 16.. 1960).G. Who may be punished with the penalty corresponding to that of a leader? Any person who while holding a public office or employment takes part in the rebellion by (a) engaging in “combat” against the forces of the government. The nature of the crime of rebellion or of inciting it is a crime of the masses. signed receipts and other documents issued in their name. If the killing. maintains or heads a rebellion. Almazan. L-13981. It is vast movement of men and a complex net of intrigue and plots. [CA] 37 O. The accused charged with rebellion. et al. or (e) diverting public funds from the lawful purposes for which they have been appropriated. and cannot be regarded or penalized as distinct crimes in themselves. etc. The view is that political crimes are directly aimed against the political order and common crimes may be committed for the political purpose. L-24781. of a multitude. spoke for them. when committed as a means to or in furtherance of the subversive ends describe in Art. Fernando. 48 of the Code would constitute a complex one with that rebellion.3. (People vs. 1969. The decisive factor is the intent or motive. robbing. 1932). Geronimo. There is no complex crime of rebellion with murder. (People vs. 134.G. committed as a means to or in furtherance of the rebellion. 68). People vs. shall deemed the leader of such rebellion. who was found illegally possessing a firearm when his house was searched. It evokes not merely a challenge to the constituted authorities but also civil war on a bigger or lesser scale. were done for private purposes or profit. Lava. 135. Rodriguez. (People vs. (b) destroying property. 52 O. (People vs. 8. any person who directed the others. Hernandez. (People vs. 33 SCRA 149. or performed similar acts on behalf or the rebels. 5. it is not necessary that one has engaged the government in a clash of arms to commit the crime of rebellion. 7. Under our laws. The leader is any person who promotes. cannot be prosecuted for the latter as an independent crime as that is absorbed in the crime of rebellion if such firearm was found and used in the furtherance of rebellion. (c) committing serious violence. (d) exacting contributions. They are part and parcel of the rebellion itself and cannot be considered as giving rise to separate crimes that under Art. supra). become absorbed in the crime of rebellion. Any or all of the acts describes in Art. robbery and/or other serious crimes. 4. the crime would be separately punished and would not be embraced by the rebellion. 6. If the leader is unknown. without any political motivation. Any crime like rape which could not have been done in furtherance of the rebellion is not absorbed. If the accused 20 . 1970.

Any other political purpose of an uprising like the prevention of the execution of the laws or the holding of an election constitutes sedition. Oct 8. public utilities or other facilities needed for the exercise and continued possession of power. 9. like giving cigarettes or food supplies. 6968). The political purpose of rebellion is to withdraw from the allegiance of the government or its laws. — The crime of coup d'etat is a swift attack accompanied by violence. (Carino vs. it is rebellion. Constantino. because what is punished in rebellion is taking part in a public uprising and the taking or arms against the government. if not. People vs. it is either political or social. Rebellion distinguished from treason. or any military camp or installation. see also People vs. People. in rebellion. intimidation. 46 O.G. No. vs. Where the killing was committed as a means to obtain the subversive ends of the Hukbalahaps. supra). 4412. is not criminal in rebellion unlike in treason. 21 . 11. singly or simultaneously carried out anywhere in the Philippines by any person or persons.. N0. Cayanan.R. 1960. (As amended by R. If the levying of war is done to aid the enemy.knowingly identified himself with an organization that was openly fighting to overthrow the government. How committed. In treason. 1962) and as principal where he actually prosecuted and directed armed activities aimed to overthrowing the government. 1961). Benito Cruz et al. directed against duly constituted authorities of the Republic of the Philippines. 20251-R.A. Sept 29. (People vs. rebellion is not committed but kidnapping. 7 SCRA 900). Cube. . October 16. the purpose is purely political while in sedition. L-12298. Rebellion distinguished from sedition.. Lava. threat. belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. or a body of the armed forces. 2 Phil. the purpose is to deliver the government to the enemy.The distinction lies in the purpose of levying war and not in the magnitude of the movement. because the accused and his companion suspected the deceased is guilty of the crime of simple rebellion (People vs. In rebellion. CA-G. No. the purpose is to substitute the existing government with another. Article 134-A. 10. he is liable for rebellion (People vs. or to deprive the Chief Executive or Congress of their powers and prerogatives.. (U. it is treason. communications network.What distinguishes rebellion from sedition is not the extent of the territory but rather the object at which the uprising aims. Agarin. But if a band of 40 men entered the town. a part or the whole of the Philippine territory. strategy or stealth. The act of giving aid and comfort or moral aid to a dissident leader. L-11870. attacked the policemen and then kidnapped the municipal president and other officials without any evidence showing the motive or purpose. 639).S. Coup d'etat.

When the rebellion. public utilities or other facilities needed for the exercise and continued possession of power. insurrection or coup d'etat. maintains or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. 3) committed by any person or persons belonging to the military or police or holding any public office or employment with or without civilian support or participation. Any person in the government service who participates. abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period. Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua. insurrection. 6968. Person who promotes. communication networks. or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. — Any person who promotes. or coup d'etat. 2) directed against or any military camp or installation. finances.A. 1990). 3. Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal. or coup d'etat shall be under the command of unknown leaders. strategy. threat. 4) purpose – seize or diminish state power. Person in government service who participates or executes directions or commands of others in undertaking coup d’etat shall suffer the penalty of reclusion temporal in its maximum period. Art. approved on October 24. maintains. 4. any person who in fact directed the others. 22 . Merely participating or executing the commands of others in a rebellion or insurrection shall suffer the penalty of reclusion temporal. as performed similar acts. 1. spoke for them. or in any manner supports. Penalty for rebellion. intimidation. Any person not in the government service who participates. (As amended by R. single.Elements: 1) swift attack accompanied by violence. 135. Person who leads or in any manner directs or commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua. or simultaneously carried out anywhere in the Philippines. 2. or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period. signed receipts and other documents issued in their name. insurrection. on behalf or the rebels shall be deemed a leader of such a rebellion.

finances. The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively. It was shown that the accused solicited various persons to become member hereof. 3) signed receipts and other documents issued in their name. L-6023. Unless action is actually advocated or intended or 23 . b) in any manner supports. Vergara. Should rebellion. 4) or performed similar acts shall be deemed a leader of such rebellion. – In the nature of things. Person not in government service who – a) participates. 1964). Conspiracy involves an agreement to commit rebellion. vs. 3 Phil.A. 3. the actual agreement to the start an uprising or rebellion. 4. to which a group of persons refer. 136. vs. The mere fact of his giving and rendering speeches favoring communism could not make him guilty of conspiring if there is no evidence that the hearers of his speeches of propaganda then and there agreed to rise up in arms for the purpose of obtaining the overthrow of the democratic government as envisaged by the principles of Communism. (As amended by R. 2) spoke for them. abets or aids in undertaking a coup d’etat shall suffer the penalty of prision mayor in its maximum period. (People vs.000. are not done sufficient to prove the existence of a conspiracy to rebel. insurrection or coup d e’tat be under the command of an unknown leader. Several persons organized a society the object of which was against the United States Government in the Philippines. any person who – 1) directed the others. 6968.00). 1. 6. Hernandez. much less with the aid of force against the constituted government. 2. approved October 24.5. mere advocacy of theory or principle is insufficient unless the communists advocate action.00). Art. immediate and positive.000. or an agreement forged to use force and violence in an uprising of the working class to overthrow constituted authority and seize the reins of Government itself. — The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8. by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5. Conspiracy and proposal to commit coup d'etat.S.S. 432). (U. 2 Phil 491).000. Held: Conspiracy and not inciting to rebellion is committed. insurrection or coup d’etat. real or fictitious.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2. rebellion or insurrection. (U. The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action. May 30. Figueras. Words which reveal discontent on account of the evils. 1990).

or (c) accepting an appointment under the rebels. writings. (Reinstated by E. — The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power. Art. (Pres. (b) continuing to discharge their office under the control of the rebels. banners or other representations tending to the same end.O.) 5. merely holding belief in the supremacy of the proletariat. by means of speeches. Art. L-6025-26. the Communist is not yet actually considered as engaging in the criminal field subject to punishment. does he become guilty of conspiracy to commit rebellion (People vs. No.000.A. Only when the Communist advocates action and actual uprising. This is committed by public officers in three ways: (a) failing to resist a rebellion by al means in their power. without taking arms or being in open hostility against the Government.contemplated. Disloyalty of public officers or employees. 24 . The penalty for conspiracy and proposal to commit rebellion. 942).000 as amended by R. or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. by prision correccional in its maximum period and a fine init medium period and a fine not exceeding P2. — The penalty of prision mayor in its minimum period shall be imposed upon any person who. 187). 187). the Communist is a mere theorist. This has been amended. 6998. respectively. Hernandez. which penalizes membership in any organization or association organized to subvert the Government was not applied to Hernandez because said law was not enforced at the time of the communism of the acts charged. No. as follows: The penalty for conspiracy and proposal to commit coup d’etat shall be prision mayor in its maximum period and a fine which shall not exceed P8. 137. proclamations. Decree No. Inciting a rebellion or insurrection.000. the penalty of conspiracy and proposal to commit rebellion or insurrection shall be punished. emblems. May 30. (Reinstated by E.000 and by prision mayor in its medium period and a fine not exceeding P2. Actual rebellion must exist for this crime to be committed. a Communist does not yet advocate the seizing of the reins of the Government by it. 6. 1964) (Note: Republic Act 1700 known as the AntiSubversion Act. war or otherwise.O. 138. No. As a theorist. respectively has been increased to prision mayor in its maximum period and a fine not exceeding P5.00. shall incite others to the execution of any of the acts specified in article 134 of this Code.

2. To prevent the National Government. municipality or province. administrative order or holding of any popular election. (c) inflicting any act pf the hate or revenge upon the person or property of public officers. or any similar means. or the National Government (or the Government of the United States). 25 . and 5. of all its property or any part thereof. 3.SEDITION 1. or prevent the execution of any administrative order. Sedition. there is a public and tumultuous uprising in order to attain force. How committed. intimidation. In this crime. 2. any person. The act punished is that of inciting others to commit rebellion or insurrection. and (e) despoiling for any political or social end the property of any person or of the government or its political subdivision. — The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force. 3. emblems. or by other means outside of legal methods. or any other means outside of legal methods. To despoil. 4. writings. any of the following objects: 1. 4. or any provincial or municipal government or any public officer thereof from freely exercising its or his functions. To inflict any act of hate or revenge upon the person or property of any public officer or employee. the following objects: (a) preventing the execution of any law. for any political or social end. The offender must not take up arms or is not in open hostility against the government. intimidation. any act of hate or revenge against private persons or any social class. for any political or social end. 1. The purpose of the meeting covered by this article is always illegal as it is held to incite persons to commit rebellion. (d) inflicting any act of hate or revenge against private persons or any social class. To prevent the promulgation or execution of any law or the holding of any popular election. 139. The means employed by the offender are speeches. Art. To commit. (b) preventing public officers from exercising their functions.

but there is no publi9c uprising. 141) but not proposal to commit sedition.O. 4. Lopuz. So. including two policemen. (Art.. 187). 4 Phil. 45 Phil 599). Cabrera. (People vs.. L-1271. 187). Penalty for sedition.O. 43 Phil. (Reinstated by E. The ultimate object of sedition is a violation of the public peace or at least such a course of measures as evidently engenders it. No.000 pesos. Kamlon. Murder is not an object of sedition. 64). Mendoza. (People vs. Mendoza. Art. Nov. (People vs. 1950). it not being shown that the purpose was to prevent the policemen from performing their functions or to inflict an act of multiple murder. May 5. 1954. (U. 141. Public officers may be offenders. Private persons may be the offended parties. Cabrera. There is conspiracy to commit sedition (Art. No. 148) 5. The ultimate object of sedition is a violation of the public peace or at least such a course of measures as evidently engenders it. Perez. People vs. So. 140. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5. supra. 3. et al. 26 . (Art. If the purpose of the offender is to attain the objects of rebellion or sedition by force or violence. There is no complex crime of sedition with murder nor is murder absorbed in sedition. (People vs. (Reinstated by E. Art. L-1271. it not being shown that the purpose was to prevent the policemen from performing their functions or to inflict an act of multiple murder. including two policemen.S.000 pesos. 29. May 5. 1950). G. — The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10. Murder is not an object of sedition. (People vs. (People vs. No. if the accused fired upon a truck killing several persons. the crime committed is direct assault. Umali. 153. — Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2.2. 9 SCRA 252). vs. Perez. L-5803. 148). Sedition and murder are committed. et al. 6. If there is no public uprising. 45 Phil 599). par 3). any outcry tending to incite rebellion or sedition in a meeting or public place constitutes the crime of tumult and other disturbance or public order. if the accused fired upon a truck killing several persons.000 pesos. Sedition involves disturbance of public order resulting from a tumultuous uprising. Conspiracy to commit sedition.R.

prom. Repealed by EO No. banners or similar representations. (Inserted by PD No. L-2990. the safety and order of the Government. write. or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines. June 10. 1987. cartoons. (Inserted by PD No. No. (a) Shouting that the head of the Governor General be cut off (People vs. and (c) knowingly concealing such evil practices. 1834. 1976). 1974 and 1996). 2. or upon any person or persons who shall utter seditious words or speeches. Art. banners. prom. (b) Inciting constabulary soldiers to use their weapons against their commanders (People vs. cartons. 599). 45 Phil. emblems. (4) which tend to stir public disturbances.000 pesos shall be imposed upon any person who. 187. or any of the duly constituted authorities thereof. by means of speeches. The offender must not take a direct part in any public or tumultuous uprising. 187). prom. without taking any direct part in the crime of sedition. Art. People. It 27 . EX. 1987. or which tend to disturb or obstruct any lawful officer in executing the functions of his office. It is enough that the words used may tend top create the danger of public uprising. Perez. 1. G. and (c) Allowing his picture to be taken making it appear that he committed suicide and publishing the same because he was not pleased with the admiration of the government. (2) which tend to instigate others to cabal and meet together for unlawful purposes. 142-B. No. (3) which incite rebellious conspiracies or riots. 187. as amended by PDs Nos. writings. (1) which tend to obstruct or disturb any public officer in the performance of public functions. 942. 3. or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. 142. (Espuela vs. or who shall knowingly conceal such evil practices. proclamations. Dec. 27. publish.Art. or which suggest or incite rebellious conspiracies or riots. or which tend to instigate others to cabal and meet together for unlawful purposes. 142-A. Acts Punished” (a) Inciting others to commit sedition by means of speeches. Feleo. or other representations tending to the same end. — The penalty of prision correccional in its maximum period and a fine not exceeding 2. 59 Phil. June 5. writings.O. 1951). Inciting to sedition. 4.R. The dangerous tendency rule and not the clear and present danger rule is generally adopted in the Philippines regarding seditions cases. (Reinstated by E. and (b) uttering seditious speeches or writings or publishing scurrilous libels against the government or any duly constituted authorities. Repealed by EO No. June 5. 451). should incite others to the accomplishment of any of the acts which constitute sedition.

or any of its committees. Thus.000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees. Elements: (a) A scheduled meeting of the National Assembly. constitutional commissions or committees or divisions thereof. and (b) the offenders prevent such meeting by force or fraud. — The penalty of prision correccional or a fine ranging from 200 to 2. 5. Art. the accused who dissolved the meeting of the municipal council. or sub-committees. Act tending to prevent the meeting of the Assembly and similar bodies. Scurrilous libel against the government is punished as inciting to Chapter Two CRIMES AGAINST POPULAR REPRESENTATION Section One. — The penalty of arresto mayor or a fine from 200 to 1. 144. 143. or divisions thereof.000 pesos.O. (Reinstated by E. 187). or of any provincial board or city or municipal council or board. constitutional commissions or committees. or divisions thereof. of any provincial board or city or municipal council or board. or of any provincial board or city or municipal council or board. Disturbance of proceedings. (Reinstated by E. — Crimes against legislative bodies and similar bodies Art. or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. constitutional commissions or committee. and (b) the offender commits any of the following acts: (1) disturbing said meeting. or of any provincial board or city or municipal council or board. 1. shall be imposed upon any person who. 187). or sub-committees.O. Elements: (a) An actual meeting of the National Assembly or Congress of the Philippines or any of its committees. or (2) behaving ion the presence of said board in such manner as to interrupts its proceeding or to impair the respect due it. prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees. constitutional commissions or committees or divisions thereof. by force or fraud. No. No. sedition. or both. presided over by the vice-president to whom he yielded the chair when the 28 .is not necessary that there be a clear and present danger of the substantive evil which the laws aims to prevent.

1. 2. at least raises the presumption that no defect exist to render illegal. constitutional commissions or committees or divisions thereof. or (3) casting his vote. (2) expressing his opinions. Alipit.investigation of the election case against him on ground of minority came up. Arresting or searching any member thereof while the National Assembly (now Congress) is in regular or special session except in case such member has committed a crime under the Revised Penal Code punishable by a penalty higher than prision mayor. except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor. Section Two. Parliamentary immunity does not mean exemption from criminal liability except from a crime that the member of the national Assembly (now Congress) may deliver on the floor during a regular or special session. from expressing his opinions or casting his vote. threats. — The penalty of prision mayor shall be imposed upon any person who shall use force. 910). The accused may also be punished for contempt by I\either house of Congress as the power to punish for contempt is coercive in nature while the power to punish a crime is punitive in nature. intimidation. 3. Violation of parliamentary immunity. The meeting of the municipal council was entitled to respect on the part of the defendant. Acts Punished: a. intimidation. there being a quorum. threats or fraud to prevent any member of the National Assembly (Congress of the Philippines) from: (1) attending any of its committees or commission or divisions thereof. 44 Phil. or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees. b. 145. (People vs. while the Assembly (Congress) is in regular or special session. Using force. Art. 143 apparently enlarges the immunity enjoyed by members of the National Assembly (now Congress) under the Constitution which provides that “Senators and members of the House of Representatives shall. — Violation of parliamentary immunity Art. and the penalty of prision correccional shall be imposed upon any public officer or employee who shall. 2. arrest or search any member thereof. in all cases 29 . was held guilty of disturbing said proceedings which for the big time being.

in which case the penalty shall be prision correccional. is to commit acts punishable under this Code. or of any meeting in which the audience is incited to the commission of the crime of treason. 2 of Art. Constitution of the Philippines). insofar as he is concerned. — The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code. VI. be privileged from arrest during their attendance at the sessions of the Congress. 207 U. 9. In the case of Martinez vs.” (Art. U. Persons merely present at such meeting shall suffer the penalty of arresto mayor. the Supreme Court declared par. and breach of the peace. sedition or assault upon a person in authority or his agents.. Art VIII of the 1973 Constitution. Illegal assemblies. If any person present at the meeting carries an unlicensed firearm. 1972.. 145 unconstitutional. 4. and in going to and returning from the same. Art 145 includes also search which is not so provided in the Constitutionally since the Revised Penal Code became effective prior to the adoption of the Philippine Constitution. felony. (Williamssons vs. et al. and in going to and returning from the same.” Chapter Three ILLEGAL ASSEMBLIES AND ASSOCIATIONS Art.S. it shall be presumed that the purpose of said meeting. “a member of the National Assembly shall in all offenses punishable by not more than six years imprisonment. 15. Art.S. 1935. We do not have civil arrest in the Philippines. rebellion or insurrection.except treason. unless they are armed. 5. 146. be privileged from arresting during his attendance at its sessions. Sec. 15. Morfe. and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. This has been interpreted to refer to immunity from arrest in civil cases only. Section II Article VI of 1987 Constitution provides that a Senator or member of the House Representatives shall be privileged from arrest while Congress is in session in all offenses punishable by not more than six years imprisonment. but the National Assembly shall surrender the Member involved to the custody of the law within 24 hours after its adjournment for a recess or for its next session. 15. 30 . otherwise such privilege shall cease upon its failure to do so. they shall not be questioned in any other places. March 24. 145 became inoperative upon the effectivity of the Constitution on Nov. felony and breach of the peace. Sec. Art VI of the Constitution limits immunity from arrest to cases other than treason. 425). Under Sec. and for any other speech or debate therein. L-34022.

(Reinstated by E. and (b) he shall be considered as the leader or organizer of the meeting. Where a person carries an unlicensed firearm in said meeting. whether in a fixed place or moving. or insurrection. Mere members of said associations shall suffer the penalty of arresto mayor. and (b) those merely attending. is to commit acts punishable under the Code.000 pesos shall be imposed upon the founders. (Reinstated by E. sedition or assault upon a person in authority or his agent. No.O. printed matter or other means of representation appear to have instigated the proceeding. Art. The law imposes a heavier penalty upon the organizers or leaders. 5. Kinds of illegal associations: (a) Those totally or partially organize for the purpose of committing any of the crimes punishable under the Code. shall be deemed the leaders or organizers of said meeting. The term “public morals” refers to acts that affect the interest of society and public convenience.As used in this article. b. 3. No. whether in a fixed place or moving.O. Those. 147. Persons Liable: (a) The organizers or leaders thereof. Kinds of illegal assemblies: a. A meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. 187). who may means of speeches. and (b) those totally or partially organized fro some purpose contrary to public morals. 1. 4. and. It is not confined to the limited concept of “good customs” and covers a system of judicial precepts founded on human nature that regulate public convenience. and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. it shall be presumed: (a) that the purpose of the meeting in so far as he is concerned. Illegal associations. rebellion. the word "meeting" shall be understood to include a gathering or group. 1. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1. A meeting in which the audience is incited to the commission of the crimes of treason. Meaning of meeting – a gathering a group. It refers to acts that are in accordance with natural 31 . 2. directors. 2. 187).

A. when the assault is committed with a weapon or when the offender is a public officer or employee. shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition. directors and president. 148. 96. 4. The first is not a true atentado as it is tantamount to rebellion or sedition. and (b) the members. or the offender lays hand upon a person in authority. the Hukbong Mapagpalaya ng Bayan (formerly Hukbalahaps) and such other organizations or association the purpose of which is to overthrow the Government of the Philippines. p. or shall attack. except that there is no public uprising. seriously intimidating. If none of these circumstances be present. the elements of which are that there must 32 . 3. Appellant committed the second from of assault. PERSONS IN AUTHORITY AND THEIR AGENTS Art.and positive laws. and (b) by attacking. 148. employ force. citing Cuello Calon and decisions of the Supreme Court of Spain). or seriously intimidate or resist any person in authority or any of his agents. (II Feria & Gregorio. 1700). shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1. the Communist Party of the Philippines is considered an illegal association and includes its military arm. Persons Liable: (a) the founders. or seriously resisting any person in authority or any of his agents. while engaged in the performance of official duties or on the occasion of said performance.000 pesos. Under the Anti-Subversion Act (R. or the offender is a public officer. 1. employing force. committed as follows: (a) without public uprising. There are two modes of committing atentados contra la authoridad or sus agents under Art. There are two kinds of direct assault. or on occasion of such performance. — Any person or persons who. Direct assaults. The “Lapiang Sakdalista” of pre-war days is an example of illegal association. or when the offender lays hands upon a person in authority. Chapter Four ASSAULT UPON. the second mode is the more common way of committing assault and is aggravated when there is a weapon unemployed in the attack. by employing force or intimidation to attain any of the purposes enumerated in the crimes of rebellion or sedition. AND RESISTANCE AND DISOBEDIENCE TO. On the other hand. without a public uprising. the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed. while engaged in the performance of official duties.

there arises the complex crime of direct assault with murder or homicide. 1996). Abalos. (a) no public uprising.G. 2266). (People vs. No. Obviously. (People vs. But knowledge that a school teacher is a person in status is a matter of law and not of fact. 22. The information is defective if there is no allegation that the accused had knowledge of or knew the position of authority held by the person attacked. Civil Code) (People vs. or serious 9intimidation or resistance upon a person in authority or his agent. 2. The victim was struck from behind while he was being confronted at the same time by appellant’s father. 21 SCRA 1119). G. (Art.be an attack. and is therefore very rare. (b) offender attacks or employs force or seriously intimidates or seriously resist another. CFI of Quezon. When the assault results in the killing of that agent or of a person in authority for that matter. Elements of the second kind of direct assault. 3. The offense is a complex crime. Sept. 1958. December 31. Balbar. the assault was made when the said person was performing his duties or on the occasion of such performance. Jingco. [CA] 71 O. 88189. No. This kind of assault is in reality rebellion or sedition short of public uprising. (b) force of intimidation is employed. G. 1965). People vs.R. that the accused must have the intention to offend.R. Abalos. CA-G. July 9. Site. 33 . 05271-CR. The evidence shows that appellant deliberately went behind the victim whom he then hit with a piece of wood which he deliberately got for that purpose. to be imposed in the maximum period. 17639-R and 18153-R. Muncado. (People vs. knowingfully well that his quary was a policeman who could readily mount a defense. and (c) to attain any of the purposes of rebellion or sedition. (People vs. (d) offended party was assaulted while in the performance of official duties or on the occasion of such performance. Elements of the first kind of direct assault: (a) that there be no public uprising. 3. use of force. ignorance whereof will not excuse non-compliance on his part. and (e) offender knows that the person assaulted is a person in authority or his agent. 68 SCRA 305). appellant resorted to such means to avoid any risk to himself. the penalty for which that for the graver offense. supra). and the accused knew that is. (People vs. injure or assault the offended party as a person in authority or an agent of a person in authority. The killing in the instant case constituted the felony of murder qualified by alevosia through treacherous means deliberately adopted.R. (c) offended party is a person in authority or his agents.

or (d) by serious resisting a person in authority or his agent. constitute an attack”. Salvador Jingco.R. Even if the accused was only about to pull his pistol after he had challenged Patrolman Ong and was not able to point it at the latter because of the arrival of the other policeman. CA-G. Dec. The elements of the second kind of committing assault are: (a) Actual assault or use of physical force or intimidation or serious resistance. 05271-CR. (b) is a public officer or employee. sustained injuries in the hands of Jingco and his wife in the afternoon of October 31. G. public school teacher in the Matabang Elementary School of Talisay. The felony becomes qualified when the offender. namely: (a) By employing force or intimidation without a public uprising for the purposes of rebellion or sedition. 1965).R. No. and (c) lays hands upon a person in authority. Ladena. (People vs. Diama. No. 1951). 05271-CR. 6008-R. 45 O. 838. Jingco. (c) by seriously intimidating. 31. Ligones.4. Facts: Ricardo Gonzalado. Held: There are two ways of committing the crime of assault against persons in authority or their agents under Art. December 31. Attack is any “offensive or antagonistic movement or action of any kind and the drawing of a pistol from the holster at the hip and the aiming of that pistol at a person. while performing official duties or on the occasion of such performance. 1965. No. (b) by employing force.R. 1963 just outside the classroom where Gonzalado was holding his class as a result of the attempt of the appellant and his wife to collect the debt of Gonzalado to Jingco. 34 . (b) By employing or seriously intimidating or resisting any person in authority or any of his agents. Negros Occidental. reiterated in the case of People vs. People of the Philippines vs. The second kind of direct assault is committed in four ways: (a) by attacking. Pointing a gun at a Military Police Captain in the performance of his duties is direct assault upon a agent of a person in authority. The seriousness of the intimidation should not be made to depend on the extent of the intimidating act of the offender but on the nature of his act and the attitude of his mind. 6.G. G. March 8. 5. 148 of the Revised Penal Code. there was serious intimidation in the assault. (People vs. CA 1075). (a) uses a weapon. (People vs.

the crime will be direct assault complex with less serious physical injuries. June 18. intimidation.S. Baesa. Monson. Imson. Where. In the absence of any of these requisites. However. Thus Jingco cannot be convicted of the crime of assault upon a person in authority under Art. if the offended party is an agent of a person in authority. the case may be brought under the concept of Art. there would be no assault. that is consist in “laying hands” upon a person in authority. 76). So in this kind of assault. While in both direct assault upon and resistance to authorities some degree of force is employed. it is not necessary to ascertain the degree of force employed since the law defines it concretely. 265. But the resistance or intimidation must always be serious whether the offended party is a person in authority or his agent.R. the act or acts must be something more dangerous to civil society than a simple blow with the hand given to a person in authority in protest against a treatment which the accused believed to be arbitrary. This seems to be the correct rule in view of the provision of Art. that is. as a teacher during class hour. (People vs. © That at the time such assault. 152.(b) That such assault or physical force or intimidation should have been executed upon a person in authority or his agents. The force must be serious and must be such a character as to show contempt for authority. To “lay hands upon a person in authority” is to inflict upon him physical injury xxx to strike him with the hands. 148 of the Revised Penal Code. 37 Phil. the offended party was in the performance of his duties or at least such assault. intimidation on resistance was done by reason of the performance of said duty. [CA] 69 OG878). (People vs. (U. 515). Revised Penal Code. if there is a manifestation to employ it to defy the authorities or their agents. he went where. No. yet the degree of force should not determine whether an act constitutes assault or mere resistance for however an act constitutes assault or mere resistance for however light the force used may be. 39 Phil. 35 . However. 284). 1959). 148 instead of Art. (People vs. to choke or suffocate him xxx to shove him off or to hold him with the intention of causing him some evil injury. 80 Phil. which may be moral or actual. 138850R. An attack is upon a person in authority when it relates to the commission of his duties in office. and less serious physical injuries inflicted are absorbed. however. 7. In the present case. No. (People vs. and so he was not in the performance of his duty. vs.R. or resistance. It has reference to something more dangerous to civil society.S. although he was within the school premises. 20304-R. Force must be employed to defy the authorities. Gonzalado came out of the classroom voluntarily. 1958). Gumban. he had no business to be. (U. Tabiana. [CA] G. Las Piñas. the person assaulted is a person in authority. Casual force which usually accompanies resistance or disobedience to authorities is not sufficient. vs. [CA] G. May 20.

when both contend in the exercise of their respective duties or there is an actual conflict of jurisdiction. 13. as amended by Rep. [CA] 71O. the motive becomes important since it must be shown that the assault was committed by reason of the past performance of official duties. Likewise. Justo vs. Agent of a person in authority. no direct assault is committed. The motive for the assault is not essential where the person in authority or his agent was assaulted while engaged in the performance of duties. (II Feria & Gregorio. CA-G. Feb. 36 . (Justo vs. 626. Dumo [CA] 40 O. 53 O. No. P.G. so direct assault is not committed. 106. both persons in authority or their agents descended into matters of private nature at that moment. Villaseñor. 2045). The words “On occasion” signify “because” or “by reason of” the past performance of official duties even if at the very time of the assault no official duty was being discharged. (People vs.G. 59 Phil. Tilos. Hernandez. there is no assault where the person in authority or his agent exceeds or abuses his authority as any resistance thereto will constitute an act of legitimate defense. People vs. [CA] 35 O. 1953. but attaches to him until he ceases to be in office. No.R. 54. May 26. however. otherwise there will be no assault. G.8. The accused must personally know the victim in the performance of his official duties. they could not be performing their duties. Act No. 343. Mendoza. Alvear. that is to try and to render judgments on cases in accordance with law. 77 Phil. 2. 10. 1975. 4082). 163). Supp. People vs. People vs.G. Where.G. 15407-CR. particularly the authority vested in the judges to administer justice. 9. 152. Also. 152) “Direct vested with jurisdiction” means the power or authority to govern and execute the law. 72 O. Person in authority (Art. If the accused and the offended party. (People vs. 58). If a person in authority or his agent accepted a challenge to fight. (See Art. 1978). (U. People vs. L-25874. Oct 24. “In the performance of duties” refers to the legitimate exercise of the functions of the person in authority or his agent. Court of Appeals. 12. 11. (People vs. 1970. The duties must be performed according to law. 35 SCRA 461). an attack made by the accused is direct assault because the character of the person ion authority or his agent is not presumed as laid off at will. 4083). 53 O. citing Cuello Calon). 5. 5624). it is necessary to show that accused has knowledge that the victim was a person in authority or his agent. 8522-R. Relin. “On the occasion of such performance” means the impelling motive of the attack is the performance of official duty. vs. 35 Phil. Calibo. (People vs.G. (People vs. Velasco. Yocoya. 1038). 559 Phil. par. Court of Appeals. the assault took place when the offended party was not engaged in the performance of official duties.G.S.R.

Disobedience to summons issued by the National Assembly. 13. This crime is within the jurisdiction of the Regional Trial Court as the Judiciary Act in referring to assault. 15. 12 CAR 622. 1. by the Constitutional Commissions. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. serious physical injuries are inflicted or the victim is killed. Ortiz. its committees. May 30. or if the injuries being considered as an incident or consequence of the force or violence employed. Under Rep. 1960). Manigbax. et al. et al. (Villanueva. subcommittees or divisions. Direct assault may be complexed with other crimes. where as a consequence of the assault. is assaulted. (People vs. 55 SCRA 563). 2. its committees or subcommittees. 1964).. No. (People vs. indirect assault is committed. People vs. If such private person is himself assaulted while coming to the aid of a person in authority. if a private person who comes to the aid of an agent of a person in authority on the occasion of a direct assault being committed against the latter. Jaranilla . — The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos. Indirect assaults. 150. No. et al. (b) the offended party comes to the aid of said agent of a person in authority. [CA] G. Direct assault may be committed upon a private person who comes to the aid of a person in authority in view of the amendment of Art. and (c) offender uses force or intimidation upon the said offended party. 57 Phil. the latter is liable only for physical injuries. No. For instance. 149. 1978. However. People vs. or both such fine and 37 . (People vs. 14. Acierto.R. Act.. direct assault is committed. Elements: (a) That direct assault is committed against an agent of a person in authority. No. since he is then considered an agent of a person in authority.When a teacher who gave provocation was assaulted by another. where the intent to kill is not charged or evident upon the trial. vs.. 02699-CR. 3. Act. Pantollana. L-15344. 1978. 152 by Rep. 469. April 16. Art. Art. refers to crimes against persons. 614). aggravated by lack of respect due the offended party. a private person who comes to the aid of a person in authority is now an agent of a person in authority. 109 Phil. Dingal.

documents. (Congress). The same penalty shall be imposed upon any person who shall restrain another from attending as a witness. 38 . or records in his possession when required to do so by said bodies in the exercise of their functions. 4017). (Arnualt vs. without legal excuse. Acts Punished: (a) Disobedience without legal excuse to summons issued by the National Assembly (now Congress) or any of its committees or subcommittees. documents. De los Reyes. papers. when required by them to do so in the exercise of their functions. 55 Phil. or being present before any such legislative or constitutional body or official. or (2) who induces him to disobey a summons. while engaged in the performance of official duties. Any of these acts may also constitute contempt of the national Assembly (now Congress) and could be punished as such independent of the criminal prosecution. refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books. subcommittees. refuses. 170). Said power must be considered implied or incidental to the exercise of legislative power or necessary to effectuate said power. its special or standing committees and subcommittees.imprisonment shall be imposed upon any person who. the Constitutional Commissions and its committees. or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender. When the disobedience to an agent of a person in authority is not of a serious nature. having been duly summoned to attend as a witness before the National Assembly. Persons Liable: (a) Any person who commits any of the above acts. and (b) refusal of any person present before a legislative or constitutional body or official to: (1) be sworn or placed under affirmation. 31 O. or (3) who induces him to refuse to be sworn by such body. or (2) to answer any legal inquiry. Balagtas. Art. papers.G. and (b) Any person who: (1) restrains another from attending as a witness. or divisions. Resistance and disobedience to a person in authority or the agents of such person. or records in his possession. 2. 151. 3. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority. 1. to obey such summons. or (3) to produce any books. or before any commission or committee chairman or member authorized to summon witnesses. (Lopez vs. or the agents of such person.

Alvear. indirect assault or disobedience to a summons issued by Congress. In resistance or disobedience. (b) In direct assault. for they give rise only to a civil action. and (c) at the time of the said resistance or disobedience. The juridical conception of this crime consists in the exercise of their official duties. In resistance or disobedience. constitutes simple resistance an arrest without knowing that the person arresting is vested with authority and who submits to the arrest upon being informed of rights (U. the person in authority or his agent is in the performance of his duties. [CA] 40 O. [CA] 58 O. such as those proper to be rendered in a civil suit relative to the property or possession of land or even to the violations of prohibitory decisions.G. et al. Where the accused during a strike laid down on the road as human roadblocks and thereafter disobeyed and resisted an order of an agent of a person in authority to clear the road. nor with judicial decisions merely declaratory of rights or obligations. 22 Phil. So the disobeyed order is possibly a proper case of protest but if not manifestly illegal. that a person in authority includes a lawyer in actual performance of his professional duties or on the occasion of such performance. Ramayrat. 2. the resistance is not serious.G. April 24. 107). (Gallego vs. 3. the resistance must be serious. now Art. et al.S. Distinguished from direct assault: (a) In direct assault. without manifest intention to defy the authority of the law. Aug.S.S. L-20246. cannot constitute the crime of disobedience to the authorities provided for and punished by Art. 5. Court of Appeals. Elements: (a) There is no direct assault. vs. 252. disobedience thereof is penalized as slight disobedience. (U. vs. To authorize disobedience to the order of an agent of a person in authority. 11. Striking a policeman in the breast who was arresting the offender (U. If the resistance to an agent of a person in authority is not serious nature. that is. L-18247. 37 Phil. this crime is committed.1. 515). No. (People vs. Amended by Batas 873. 185). the offended party is assaulted while in the performance of his duties or by reason thereof. Supp. vs.. Macapuno.. 4. it is simple disobedience. 1963. the officer must be in the discharge of his duties. What is punished is the resistance to a person in authority or his agent in his official capacity while engaged in the performance of duties.. (People vs. Tabiana. (Uytiaco vs. and not with legal provisions of a general character. 39 . the illegality of the invasion of the individual right must be clearly manifested. et al. 4985). 8 SCRA 813). 1957). 31. 626) does not constitute resistance or disobedience. But it is essential that the order discharge must be lawful. although undoubtedly of a more serious character. 151 of the Revised Penal Code. People. (b) the offender resists or seriously disobeys a person in authority or his agent. Dauz. 35 Phil.

A barrio captain or barangay chairman shall also be deemed a person authority. like a governor of a province or a Division Superintendent of Schools. In applying the provisions of Acts. is charged with the maintenance of public order and the protection and security of life and property. A mere clerk in the Provincial Auditor’s office is neither a person in authority nor an agent of a person in authority. 4. 1973 and Batas Pambansa Blg. 873. teachers. board. In applying the provisions of Articles 148 and 151 of this Code. Sept. professors and person engaged with the supervision of public or duly recognized private schools. 11260).G. A person who. 22. 2. No. shall be deemed a person in authority. Magallanes. 234). Persons in Authority 1. colleges and universities. colleges and universities. 40 .R. A barrio captain and a barangay chairman shall also be deemed a person in authority. 80 Phil. (As amended by PD No. (As amended by R. 299. Site. by direct provision of law or by election or by appointment by competent authority. (People vs. June 12. 148 and 151. shall be deemed persons in authority. Persons in authority and agents of persons in authority. (As amended by C.Art. or commission. 1985). teachers. whether as an individual or as a member of some court or governmental corporation. and lawyers in the actual performance of their professional duties or on the occasion of such performance. or commission. shall be deemed persons in authority. CA-G. Who shall be deemed as such. (People vs. Agents of Person in Authority. board.A. 17639-R. 1958). — In applying the provisions of the preceding and other articles of this Code. barrio policeman and barangay leader and any person who comes to the aid of persons in authority. 3. 152. A public school teacher is a person in authority for purposes of Articles 148 and 151 of the Revised Penal Code. No.A. Batas 879 include as persons in authority lawyers in actual performance of duties or on the occasion of such performance. Carpizo. Any person directly vested with jurisdiction. [CA] 74 O. Decree 299). 19. shall be deemed an agent of a person in authority. 578). 1978 and Pres. professors and persons charged with the supervision of public or duly recognized private schools. such as a barrio councilman. No. A person in authority performs some functions to the government and is directly vested with jurisdiction. whether as an individual or as a member of some court or governmental corporation. shall be deemed a person in authority. (People vs. any person directly vested with jurisdiction. Sept.

and (e) burying with pomp the body of a person who has been legally executed. if the act is not included in the provisions of Articles 131 and 132. barrio policeman. 299). 131 and 132. Chapter Five PUBLIC DISORDERS Art. shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.D. such as barrio vice-lieutenant. 299). Kinds: (a) Causing serious disturbance in a public place. or establishment. 153. Tumults and other disturbance of public orders.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. or peaceful meetings. barrio councilman. office or establishment or (b) interrupting or disturbing public performances. The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character. functions or gatherings. 41 . and (d) displaying placards or emblems which provoke a disturbance of public order in such place. The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85.000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place. association. office. or shall interrupt or disturb public performances. 1. (As amended by Rep. Act 1978 and P. shall bury with pomp the body of a person who has been legally executed. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1. barangay leader and any person who comes to the aid of a person in authority shall be deemed an agent of a person in authority. Tumultuous disturbance or interruption liable to cause disturbance. functions or gatherings. association or public place. 1232). or public place. Decree No. (deleted in Presidential Decree No. Officers and members of Barangay Community Brigades are agents of a person in authority. The penalty of arresto mayor shall be imposed upon any person who in any meeting. or peaceful meetings. (Pres. provided the act is not included in Arts. (c) making any outcry tending to incite rebellion or sedition in any meeting. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

— The penalty of arresto mayor and a fine ranging from P200 to P1. utterances or speeches. The offense punished in the penultimate paragraph of Art. or distribute or cause to be printed. or extolling any act punished by law. the public disorder is tumultuous. or leaflets which do not bear the real printer's name. 3. Any person who by means of printing. or cause damage to the interest or credit of the State. or which are classified as anonymous. lithography. or extol any act punished by law. or which are classified as anonymous. periodicals or leaflets which do not bear the real printer’s name. by the same means or by words. lithography or any other means of publication as news. Any person who by the same means. published. pamphlets. the meeting from the beginning was unlawful and what was uttered was deliberately calculated with malice aforethought to incite others to rebellion or sedition. 3. and became a public disorder only because of such outcry. while in the latter felonies. Acts Punished: (a) Publishing or causing to be published by means of writing. or by words. Art. (c) maliciously publishing or causing to be published any official resolution or documents without proper authority. periodicals. and the meeting at the outset was legal. 1. (b) encouraging disobedience to the law or the duly constituted authorities or by praising. Unlawful use of means of publication and unlawful utterances. 42 . Any person who shall print. 153. 2. or 4. or before they have been published officially. justify. utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise. or distributed books. publishing or distributing (or causing the same) books. or cause damage to the interest of credit of the state. or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order. If the disorder is caused by more than three persons who are armed or provided with means of violence. publish. or (d) printing. 154. or before they have been published officially. pamphlets. 153 is distinguished from the felony of inciting to rebellion or inciting to sedition in that in the former the outbursts which by nature may tend to incite rebellion or sedition are spontaneous. any false news which may endanger the public order. Any disturbance of public order may be termed public disorder if embraced in any of the acts punished in Art.2. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority. justifying.000 pesos shall be imposed upon: 1.

fire-cracker. write or sketch any immoral or indecent picture or word on any wall. 1. Acts Punished: (a) Discharging any firearm. 39 O. discredit of or distrust constituted authorities. 1972 punishes any person without taking up arms or being in open hostility against the government or without inciting others to the execution of any act of rebellion. or other explosives within any town or public place producing or calculated to cause alarm or danger. 2. 6. If the leaflet distributed merely contains open exhortations to disobey the law requiring compulsory military training. while intoxicated or otherwise. rocket. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. Any person who. 2. if the leaflet also incited the people to rise publicly and tumultuously to prevent the execution of that law. 1973 punishes rumor-mongering or spreading false information which tends to cause panic. 4974). 155. shall disturb the public peace.Pres. firecracker. or shall possess. Any person who within any town or public place. the offender is liable under par. or (d) causing any disturbance or scandal in 43 . 33 dated Oct. endanger the public order or cause damage to the interest or credit of the state. provided that the circumstances of the case shall not make the provisions of Article 153 applicable. Any person who. Arrogante. (People vs. the crime is inciting to sedition. This decree was replaced by Executive Order 29. while wandering about at night or while engaged in any other nocturnal amusements. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. However. rocket. Art. Jan. 90. poster or other similar material. Alarms and scandals. side walk or any other visible public or private place which incite or tend to incite people to violence or to ignore or disregard lawful orders of the government officials or to undermine the integrity of the government or the stability of the state. This decree was repealed by Executive order 65. divisive effects among people. undermine the stability of the government and other objects of the New Society. leaflet. or 4.. shall discharge any firearm. (c) disturbing the public peace while wandering about the night or while engaged in any other nocturnal amusement. (b) instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. Pres. shall cause any disturbance or scandal in public places.G. Decree No. distribute or circulate any such printed or published materials. Decree No. 3. shall print or publish any handbill. or shall draw. 2 of Art. 28. or other explosives calculated to cause alarm or danger. fence. 154.

4. A billiard hall is a public place. The offender is an outsider to the jail. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise. 254). 2. (b) He removes a person confined in jail or a penal institution or helps in the escape of such person. otherwise. If other means are used. intimidation. 157. 153 but by Art. The firearm when discharged must not be pointed at a person. Arts. Supp. 2. 12. the penalty of arresto mayor shall be imposed. intimidation. Gangdy. 156. Elements: (a) The offender is a private individual.G. 312). and (c) The means employed are violence. Art. Where the accused entered a billiard hall and challenged everybody when no one accepted his bet causing commotion and disorder. If the person who escapes is serving sentence by virtue of final judgment. 1971). The prisoner may be a detention prisoner or one sentenced by virtue of a final judgment. Charivari is a mock serenade of discordant noises made with kettles. If the offender is a public officer or a private person who has the custody of the prisoner and who helps a prisoner under his custody to escape. 155. bribery or any other means. Delivery of prisoners from jails. A detention prisoner is not liable for evasion of sentence under said article. respectively. he is liable as a co-principal under Article 156. 223 and 225 will apply. by means of violence. [CA] 40 O. If said prisoner cooperates is his removal or escapes by acts without which the removal or escape would not be realized. p. he commits evasion of sentence under Art. (People vs. the felony will be illegal discharge of firearm. provided the act is not covered by Art. 153. the crime is covered not by Art. 44 . 3. — The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person. or bribery. 1. tin horns. the same penalties shall be imposed in their minimum period. 3. 4.. etc. (Cuello Calon II. designated to deride or annoy. (Art.public places while intoxicated or otherwise.

People vs. false keys. However. rope. The offense under this article is usually committed by an outsider who removes from jail any person therein confined or helps hi escape. CA-G. supra. windows. 14. etc. If the offender is the public officer who has custody or charge of the prisoner. A policeman assigned to the city jail as guard. the penalty shall be prision correccional in its maximum period. (Alberto vs. who while he was offduty. If the prisoner was confined in a hospital when he was assisted in escaping. The offense is committed in two ways: 1) by removing a prisoner confined in jail or penal institution. which greatly facilitates his escape. 223. Del Barrio.5. (Art. (People vs. ladder. which could serve only as a generic aggravating circumstance under Art. No. deceit.) 9.R. if such evasion or escape shall have taken place by means of unlawful entry. To remove means to take away a person from his place of confinement with or without the active cooperation of the person released. the crimes is also committed because the hospital may be considered as an extension of the jail. 5099-R. 1962). or through connivance with other convicts or employees of the penal institution. roofs. par. Jan 16. 157. That the accused agreed to receive bribe money. Del Barrio. is not an element of crime. returning said prisoner inside the jail about 5 hours thereafter is liable for the crime of delivering a prisoner from jail and not for infidelity in the custody of prisoners. 98 SCRA 406 [1980]). or floors. This offense like other offense of similar nature may be committed through imprudence or negligence. or by using picklocks. What constitutes the qualifying circumstance is the offender’s act of employing bribery as a means of removing or delivering the prisoner from jail and not the offender’s act of receiving or agreeing to receive a bribe as a consideration for committing the offense. 6. 11. he is liable for infidelity in the custody of prisoner under Art. gates. (People vs. To help in the escape of such person is to furnish him with material means such as a file. 7. Quitorio. Evasion of service of sentence. 4 CAR 337). 2) by helping said person to escape. 8. 45 . Judge de la Cruz. 365. walls. violence or intimidation. brought a recently released prisoner inside the jail to substitute for a detention prisoner whom he later brought out of jail. Chapter Six EVASION OF SERVICE OF SENTENCE Art. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. by breaking doors.

172. Destierro. If an alien deported after having been found guilty of committing an offense and who returns to the Philippine in violation of the term of the sentence. violence. he commits evasion of service of sentence. 158. explosion. Art. 19 SCRA 564). 2. 80 Phil. for example. Evasion of service of sentence on the occasion of disorder. (People vs. Feb. Loo Hee. false keys. L-28519. by leaving the penal institution where he shall have been confined. Elements: (a) Offender is a prisoner servi9ng sentence involving deprivation of liberty by reason of final judgment and (b) He evades the service of hi sentence during the term of his imprisonment. if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. or floors. 7. deceit. is penalty-involving deprivation of liberty. Tanega vs. Masakayan. — A convict who shall evade the service of his sentence. intimidation. as the prisoner is deprived of his liberty to enter a prohibited place. which in no case shall exceed six months. Director of Prisons. or (c) connivance with other convicts or employees of the penal constitution. although partial. 4. (Parulan vs. 46 . (Pacheco 503). earthquake. Jail-breaking is synonymous with evasion of sentence. (Alvarez vs. 968. or other calamities. unpublished). 1968). 17. gates. 57 Phil. shall be entitled to the deduction provided in Article 98. A detention prisoner who escapes is not punished because to escape is an instinct of human nature. windows. Director of Prisons. 6. 82 Phil. walls. under the circumstances mentioned in the preceding paragraph. The felony is qualified when the evasion takes place by: (a) Breaking doors. 36 Phil. People vs.1. (People vs. on the occasion of disorder resulting from a conflagration. Convicts who. (b) Using picklocks. evasion is not committed because in deportation one is not sentenced to a term of imprisonment and thereafter breaks jail. The crime of evasion of service of sentence is a continuing offense which may be prosecuted in any place where the offender may be found. or similar catastrophe. shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence. disguise. roofs. or during a mutiny in which he has not participated. 43. 5. So. 3. 867). if he enters the prohibited area. shall give themselves up to the authorities within the above mentioned period of 48 hours. conflagrations. Samonte. Abilong. The word “imprisonment” used in the English text of the Code is a wrong or erroneous translation of the phrase “sufriendo privacion de libertad” used in the Spanish text. earthquakes.

Elements: (a) Offender is a prisoner serving sentence and is confined in a penal institution. 2151). — The penalty of prision correccional in its minimum period shall be imposed upon the convict who. 226). (c) He escapes on the occasion of a disorder due to conflagration. 64(i) of the Revised Administrative Code to recommit him to serve the unexpired portion of his original sentence. 64(i) of the Revised Administrative Code. Acenas. and 29 days – for having violated the condition of his pardon. Acenas.1. 4. a prisoner has been recommitted to serve the remitted portion of his original sentence – 4 years. (b) He evades his sentence by leaving the penal constitution. 1. 3. Remedies of the State if conditions of pardon are violated: (a) Judicial remedy by prosecution of offender under Art. earthquake. 226). 2. shall violate any of the conditions of such pardon. (Lozada vs. Other cases of evasion of service of sentence. 159 of the Revised Penal Code and sentenced to suffer prision correcional in its minimum period without prejudice to the authority conferred upon the President by Sec. (Lozada vs. Mutiny or “amotinamiento” implies an organized unlawful resistance to a superior officer. (b) Administrative remedy by ordering arrest and reincarceration of the offender under Sec. 159. 159. if he entitled to any deduction of his sentence. in which case the 47 . 159 of the Revised Penal Code can stand together and that the proceeding under one provision does not necessarily preclude action under the other. [CA] 46 O. If the prisoner does not escape. Sec 64(i) of the Revised Administrative Code and art. 2. he may still be prosecuted under Art. 78 Phil. However. If some detainees disarm their guards. Art. or similar catastrophe or mutiny in which he has not participated. having been granted conditional pardon by the Chief Executive. and some prisoners. the special time allowance does not apply since there is no disorder as a consequence of mutiny. a revolt. 8 months. (People vs. The purpose of the law in granting a deduction of one-fifth (1/5) of the period of sentence is to reward the convict’s manifest intent of paying his debt to society by returning to prison after the passing away of the calamity. the convict shall then suffer the unexpired portion of his original sentence. Although under Section 64(i) of the Revised Penal Code. explosion. if the penalty remitted by the granting of such pardon be higher than six years. and (d) He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief Executive regarding the passing away of the calamity. Padilla. unless such unexpired portion of the original sentence secedes 6 years. who participated thereto escaped and thereafter returned to the penal establishment within 48 hours. 78 Phil.G.

48 O. (Alvarez. 3. who grants the pardon. G. 159 of the Revised Penal Code shall no longer be imposed. While the evasion of service of sentence is a public offense or a wrongful act separate and independent from any other. 5. 30). Director of Prisons. (Torres vs. It does not become perfect until the convict is notified of the same and accepts it with all its conditions (De Leon vs. Gonzales. 80 Phil. 44 O.G. Article 159 defines a distinct. and the convict. 7. Violation of conditional pardon is not a public offense in the strict sense of the word. 476). a conditional pardon is certainly a contract between two parties: the Chief Executive.. he will not be ordered to suffer or serve imprisonment but only that period of banishment from which he was relieved for his acceptance of the conditional pardon. for it does not cause harm or injury to the right of other persons nor does it disturb the public order. The convict who is regarded as having violated the provision thereof must be charged. Director of Prisons. If the penalty being served when the prisoner was pardoned is not commitment but banishment.penalty of prision correccional in its minimum period provided by Art. the service of which the culprit tried to evade before the pardon. vs. (Sales vs. otherwise. The duration of the conditions of the pardon is limited to the period of the prisoner’s sentence unless an intention to extend it beyond that time is manifest from the nature of the condition or the language in which it is imposed. But when a conditional pardon is null and void. (Infante vs. Director of Prisons. In this jurisdiction. et al. and if it does not cause any harm it is to the violator himself. the conviction for violation of that pardon is likewise ineffectual (Co Piao. who accepts it. Provincial Warden. This is so. par don instead of being an act of mercy would become an act of oppression and injustice. 56 Phil. 76872.. 48 . (People vs.R. 4. 31 Phil. 6. The purpose pf the law is to restore the accused to the same status in which he was before the pardon. who for not complying with the conditions of the pardon.G. 48 O. vs. 1496). it is not righted or effaced by the pardon or remission of the penalty imposed in the sentence against the accused fro the crime. et al. July 23. substantive felony. Ponce de Leon. 1987).43). 386). 5228).G. Director of Prisons. prosecuted and convicted by final judgment before he can be made suffer the penalty prescribed in said article. has to serve against the unexpired portion of the penalty imposed upon him for the commission of the offense which was conditionally remitted or pardoned.

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for
another offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any
person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty prescribed by law for the new
felony.
Any convict of the class referred to in this article, who is not a habitual criminal,
shall be pardoned at the age of seventy years if he shall have already served out
his original sentence, or when 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.
1. Elements: (a) Offender is convicted by final judgment of a felony or an
offense; and (b) He commits another felony before beginning to serve such
sentence or while serving the same.
2. Art. 160 applies although the next offense is different in character from
the former offense for which the defendant is serving sentence. (People vs.
Yabut, 58 Phil. 499), and it makes no difference whether the crime for which an
accused 8is serving the sentence at the time of the commission of the offense
charged, fall sunder the Revised Penal Code or under a special law. (People vs.
Peralta, No. L-15959, Oct. 11, 1961). The second offense must be a felony
punished in the Revised Penal Code.
3. The severe penalty imposed on a quasi-recidivist is justified because of
his perversity and incorrigibility. (People vs. Peralta, et al., L-19069, Oct. 29,
1968). If a person is convicted of a crime committed while serving sentence of a
previous crime he shall be sentenced to the maximum of the penalty prescribed
by law for the new crime without regard to the presence or absence of mitigating
or aggravating circumstances, or the complete absence thereof. (People vs.
Bautista, et al., L-38624, July 25, 1976, 72 O.G. 2117, March 1, 1976).
4. When the quasi-recidivist reaches the age of 70 years, he may be
pardoned unless he is a habitual delinquent.
5. “Quasi-recidivism is a special aggravating circumstance which imposes
the maximum of the penalty for the new offense. It makes no difference, for the
purpose of the effect of quasi-recidivism under Article 160 of the Revised Penal
Code, whether the crime for which an accused is serving sentence at the time of

49

the commission of the offense charged, falls under the said Code or under
special law. Quasi-recidivism is punished with more severity than recidivism
proper because the aggravating circumstances of recidivism, as any other
aggravating circumstance, may not be offset by a mitigating circumstance
present in the commission of the crime whereas, in the case of quasi-recidivism,
the maxim8um degree of the penalty prescribed by law for the crime committed
should always be imposed irrespective of the presence of any mitigating
circumstances.” (People vs. Alicia, et al., L-38176, Jan. 12, 1980). The mere
fact that the accused was serving the sentence at the New Bilibid Prison when
they committed the murder, does not justify the application of Article 160 if the
record is bereft of any evidence showing that they are serving sentence by virtue
o final judgment. (People vs. Capillas, et al., L-38756, Nov. 1984).
The fact that the accused was an escapee from the Davao Penal Colony
does not prove conviction by final judgment; he could have been still a detention
prisoner. (People vs. Santos, L-44973, Nov. 4, 1985).
6. Quasi-recidivism cannot be offset by any mitigating circumstance
(People vs. Aling, 96 SCRA 472[‘980] People vs. Tampas, 96 SCRA 624 [1960];
People vs. Villacortes, 97 SCRA 567 [1980] People vs. Libinia, 115 SCRA 223
[1980]. To be appreciated, quasi-recidivism must be specifically charged in the
information.

Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief Executive.
Art. 161. Counterfeiting the great seal of the Government of the Philippine
Islands, forging the signature or stamp of the Chief Executive. — The penalty of
reclusion temporal shall be imposed upon any person who shall forge the Great
Seal of the Government of the Philippine Islands or the signature or stamp of the
Chief Executive.
Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of
prision mayor shall be imposed upon any person who shall knowingly make use
of the counterfeit seal or forged signature or stamp mentioned in the preceding
article.

50

1. Counterfeiting the great seal of the Government of the Philippines.
(Art. 161).
2. Forging the signature or stamp of the Executive. (Art. 161). The crime
is not falsification.
3. Knowingly making use of said counterfeit seal or forged signature or
stamp. (Art. 162). (Note: The offender in this crime performs an act pertaining to
that of an accessory but is punished by Art. 162 especially with a penalty one
degree lower than that provides for the counterfeiter or forger).

Section Two. — Counterfeiting Coins
Art. 163. Making and importing and uttering false coins. — Any person who
makes, imports, or utters, false coins, in connivance with counterfeiters, or
importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed
P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of
the Central Bank of the Philippines of ten centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to
exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of
the Philippines or of the Central Bank of the Philippines below ten-centavo
denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000
pesos, if the counterfeited coin be currency of a foreign country. (As amended by
R.A. No. 4202, approved June 19, 1965).
1. Coins that may be the object of the crime: (a) gold or silver coins; (b)
minor coins of the Philippines; and (c) coin of the currency of a foreign country.
2. Art. 163 does not require that the coins counterfeited be of legal tender.
(People vs. Tin Ching Ting, G.R. No. L-4620, Jan. 20, 1952).
3. Even falsification of coins of a foreign country that have been
withdrawn from circulation is punishable. Reason: It is not alone the harm
caused to the public by the fact that it may go into circulation but the danger that
the counterfeiter produces his stay in the country and the possibility that h may
later counterfeit coins of legal tender. (People vs. Kong Leon, [CA] 48 O.G. 644).

51

Tin Ching Ting. without connivance. 1. If the imitation is so imperfect that no one may be deceived. effigy. 132). So. 165. Selling of false or mutilated coin. citing decision of Supreme Court of Spain. (II Feria & Gregorio. or in connivance with mutilators or importers. silver. p. which may sometimes be square or any shape either of gold. to pass counterfeit coins. Hence.000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins. containing the inscription or legend including all letters and numerals of the coin. Mutilation is to diminish by ingenious means the metal in the coin. there is importation. Even before the coins are entered in the Customs Office. p. 132. Mutilation of coins. Counterfeiting means to intimate a coin that is genuine. Reasons why mutilated coins should be of legal tender. The coin is counterfeit even if it has more intrinsic value than the coin of legal tender. It gives an appearance of one legal tender. importation is complete. Art. The criterion is that the imitation must be such as to deceive an ordinary person in believing it to be genuine.. Importing of coins means to bring into port. This means that as long as the vessel has entered port even without breaking bulk. (People vs. Importation and utterance of mutilated coins. (II Feria & Gregorio. the mere act of importing is punished. citing Albert. an allegory. the coin diminishes in intrinsic value. and usually bearing on one side. – One who mutilates a coin takes advantage of the metal abstracted. etc. 164. supra). Art. He appropriates a part of the metal of the coin. sign. citing Cuello Calon). (People vs. supra). shield. Tin Ching Ting. 132). commonly called the observe. The act of giving away or delivering or passing to another counterfeit coins is uttering. p. 5. — The person who knowingly. issued by the government authority to be used as money. p. 7. although without the connivance mentioned in the preceding 52 . (II Feria & Gregorio. 6. Acts Punished: (a) Mutilation of coins legal tender: (b) Importing of mutilated current coins. (II Feria & Gregorio. must be of legal tender. the felony cannot be consummated. — The penalty of prision correccional in its minimum period and a fine not to exceed P2. Coins means a piece of round metal. Even if these coins are not placed in circulation. 163). the mutilated coin. nickel or copper representing definite intrinsic or exchange value. design. and (c) Uttering of mutilated current coins in connivance with the importers or mutilators.4. Uttering of coins means to circulate. 2. One who utters said mutilated coin receives its legal value more than its intrinsic value.

physical possession but also constructive possession or the subjection of the thing to one’s control. The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds. bills. (People vs. that is. 427 which punishes possession of silver or nickel coins in excess of P50. Jr. — Forging treasury or bank notes.] 90 Phil.G.. 166.000 pesos. 870). or altered. Republic Act No. national bank notes.000 pesos.. 5751). By reclusion temporal in its minimum period and a fine not to exceed P10. Section Three. if the document which has been falsified. Andrada. It does not require that the coin be of legal tender. certificates of deposit. (Rivera. 53 . certificates of indebtedness. obligations and securities. or drafts for money. fractional notes. Ting Ching Ting. It is a measure of national policy to protect the people in general and particularly the poorer class. or shall actually utter such coin. (People vs. People. shall suffer a penalty lower by one degree than that prescribed in said articles.. importing. and uttering such false or forged notes and documents. drawn by or upon authorized officers of the United States or of the Philippine Islands. shall be punished as follows: 1.00 is mala prohibita. 2. Acts Punished: (a) Possession of false or mutilated coins with intent to utter. checks. — The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes. from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain the stability of the economy. Forging treasury or bank notes on other documents payable to bearer. 2. [CA] 64 O. of whatever denomination. which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature. if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. et al. and other representatives of value. By prision mayor in its maximum period and a fine not to exceed P5. vs. 1. and (b) Actually uttering such coins without connivance with the maker or importer.articles. shall possess false or mutilated coin with intent to utter the same. Possession in general is punished. Art. [Unrep. 3. et al. counterfeited. not only actual. 7 CAR 108). importing and uttering false or forged notes. is an obligations or security of the United States or of the Philippines Islands. Obligations and Securities.

By prision mayor in its medium period and a fine not to exceed P5. Forging a note of the Philippine National bank is penalized under Art. An obligation or security of the Government of the Philippines. Malapitan. Forging a sweepstakes ticket and attempting to collect the prize is the complex crime of attempted estafa through falsification of a government security. thereof. certificates of indebtedness. 1. Balmores. and (c) certificates or other obligations. 3. d. The crime is now falsification of a commercial document under Article 172 in relation to Article 171 of the Revised Penal Code. coupons. or upon authorized officers of the Philippines. and other representative of value of whatever denomination. when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. par. 2. 166. By prision mayor in its minimum period and a fine not to exceed P2. 47 54 . The alteration or even the destruction of a losing sweepstakes ticket could cause no harm to anyone and would not constitute a crime were it not for the attempt to cash the ticket so altered as a prize winning number. The penalty varies in gravity according to the nature of the document. 4. Philippine Islands notes.3. (People vs. which may be issued under any act of the national Assembly (now Congress). Uttering in connivance with the forger or importer of such forged falsified documents. if the falsified or counterfeited document was issued by a foreign government. 2. fractional notes. 1. The Philippine National Bank no longer issue a bank note. (b) bank notes. and (d) securities payable to bearer. treasury notes. drawn by. [CA] O. a. bills checks or drafts of money.000 pesos. 3.000 pesos. This means all bonds. because the Philippine National Bank is a government bank itself an obligation of the government of the Philippines. (People vs. Importation of such forged or falsified documents. b. Documents that may be forged. Forging of: (a) treasury notes. national bank notes. 1. 4. A circulating note issued by any banking institution duly authorized by law to issue the same.G. certificates of deposit. A circulating note or bill issued by a foreign bank duly authorized c. A document issued by a foreign government. 689).

G. (People vs. Connivance has reference to the act of uttering the forged instrumental with the forger or importer. Orqueza. (People vs. — Any person who shall forge. (People vs. Act Punished: Knowingly possession with intent to use any of such forged treasury or bank notes.O. 55 . 40090). 167. any person who shall knowingly use or have in his possession.] 253. agency. postal money orders are not public or official documents or treasury or bank notes. Art. technically and legally the offender has to suffer for the more serious crime of falsification of government security under par. That the falsified treasury warrants were in the possession of the accused who had made use thereof and profited from the proceeds of the same.G. Art. (People vs. shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6. 105 Phil. Importing such false instruments. import or utter. in connivance with the forgers or importers. 1. People vs.. f. Uttering such false instruments in connivance with the forger or the importer. — Unless the act be one of those coming under the provisions of any of the preceding articles. 10 CAR 55).S. Manansala. So. Robles. Although a sweepstakes ticket is an official document for the reason that it is printed by the Bureau of Printing under the authority of the Philippine Government. 2. 166. although the real offense committed is attempted estafa. Lavador. 56 O. (People vs. No.G. Illegal possession and use of false treasury or bank notes and other instruments of credit. Orqueza. 1. et al. it is however a security of the State under Act. any instrument payable to order or other document of credit not payable to bearer. e. [Unrep. Forging instruments payable to order or documents of credit not payable to bearer. Counterfeiting. Purported imitation of mere forms of U. Santiago.000 pesos. Example: Accused caused the printing of 45 checks by incorporating details and wording contained in checks issued by a U. with intent to use any of the false or falsified instruments referred to in this section. 168. The utterer is a person different from or other than the person of the forger or the importer. 5750). 3. giving said checks the appearance of true and genuine documents. 14 CAR 730). shall suffer the penalty next lower in degree than that prescribed in said articles.S. 4130. certificates or obligations. [CA] 48 O. Art. 4858). 14 CAR 730). 1. importing and uttering instruments not payable to bearer. presumption arises that said accused is the author of forgery. if the bank spaces are not filled up and the signature of a party purportedly to be authorized to issue them be written by another therein.

March 4. provincial board or municipal council and (c) Such may be enacted. 170.S. — The penalty of prision correccional in its maximum period and a fine not exceeding P6.000 pesos shall be imposed upon any person who. 490.00 (U. payable to bearer or order mentioned therein. words or signs contained therein. People. [CA] 38 O. — The forgery referred to in this section may be committed by any of the following means: 1. — Falsification of legislative. vs.2. tears. 3. Falsification of legislative documents. telegraph. Santos. By erasing. counterfeiting or altering by any means the figures. currency notes or coins issued by the Central Bank of the Philippines with the penalty of a fine of not more than P20. 3587. Section Four. Art. 16 SCRA 376). resolution. 3 Phi9l. Norte. But mere possession with intent to utter consummates the crime of illegal possession of false notes. 56 . Elements: (a) Accused is any person. 9B0 Pasting a piece of paper with the figure “10” over the figure “1” in dollar bill and passing it for $10. letters. 113 Phil. Elements: (a) Note is counterfeit. 2. Presidential Decree 247 (1973) punishes any person who willfully defaces. Ex. 1966. public. The accused must not be a public official entrusted with the custody or possession of such document. burns or destroy. or pending approval in said legislative body. (People vs. Solito. (U. (b) Accused has knowledge that such bill is counterfeit. 785).G. 1. and telephone message. [CA] 47 O. and wireless. a) Erasing the words “or order” in a treasury warrant and making it appear as payable to bearer. Possession of false treasury or bank note alone without an intent to use it not a criminal offense. substituting. L-22032. approved. 626). resolution or ordinance of the National Assembly now Congress. Barraquia. Gardner. People vs. 2. and private documents. Del Rosario vs. or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. in any manner whatsoever. 76 Phil. (b) Without authority makes an alteration in any bill. 36 Phil. Art. otherwise Art.86). 398).S. (c) Intent to make use of it.000 and/or by imprisonment of not more than 5 years. mutilates. 169. 171 will apply. How forgery is committed. Camolo Digoro. (People vs. By giving to a treasury or bank note or any instrument. commercial.G. (People vs. without proper authority therefor alters any bill. vs. the appearance of a true genuine document.

Counterfeiting or imitating any handwriting. (c) Attributing to persons who have participated in an act or proceeding. (d) Making untruthful statements in a narration of facts. with respect to any record or document of such character that its falsification may affect the civil status of persons. 3. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. signature or rubric. employee or notary or ecclesiastic minister. Intercalating any instrument or note relative to the issuance thereof in a protocol. 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. signature or rubric. shall falsify a document by committing any of the following acts: 1. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. registry. 171. (b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. 4.000 pesos shall be imposed upon any public officer. (e) Altering true dates. or official book. Making any alteration or intercalation in a genuine document which changes its meaning. 1. 2. or notary who. statements other than those in fact made by them. Falsification by public officer. (f) Making any alteration or intercalation in a genuine document documents which changes its meaning. employee. (g) Issuing in an authenticated form a document purported to be a copy of an original document 57 . or 8. taking advantage of his official position. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article. or different from. Making untruthful statements in a narration of facts. Acts Punished: (a) Counterfeiting or imitating any handwritten. Altering true dates. Art. The alteration must have the effect of changing the meaning of the document. 5.3. — The penalty of prision mayor and a fine not to exceed P5. that of the genuine original. or including in such a copy a statement contrary to. 6.

shall be punished by the penalty next lower in degree. employee or notary. and (h) Intercalating any instrument or more relative to the issuance thereof in a protocol registry or official book. 1. and (c) Use of such falsified document. or including in such copy a statement contrary to. (b) Falsification of a private document. 2. Any person who. (b) He takes advantage of his official position. and (d) the change made the document speak something false. People vs. shall use any of the false documents embraced in the next preceding article.000 pesos shall be imposed upon: 1. The untruthful narration must also be such as to affect the integrity of the document or to change the effects which it would other wise produce. 2. Acts Punished: (a) Falsification of any public or official or commercial document by a private individual. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document. Falsification by private individual and use of falsified documents. and 2. (b) an alteration or intercalation is made therein. 1. Making Untruthful Statements in a Narration of Facts (Par 4). Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who. Making alteration or Intercalation in a Genuine Document (par 6). and (b) Wrongful intent to injure a third person. 172 (introducing in evidence in any judicial proceedings or to the damage of another who uses such 58 . — The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5. Art. (c) such changes the meaning of the document. The crime punished in the paragraph of Art. shall in any private document commit any of the acts of falsification enumerated in the next preceding article. 2826).when no such document exists. Elements: (a) Obligation on the part of the accused to disclose the truth. with the intent to cause such damage. 172. or different from that of the genuine document. Elements: (a) There is a genuine documents. Quasha.G. Elements: (a) Offender is public officer. 39 O. or in any of the foregoing subdivisions of this article. or with the intent to cause such damage. and (c) Falsifies document by any of the means enumerated above. to the damage of a third party. 1.

171 and Art. cable or telephone message who utters a fictitious wireless. Falsification of wireless. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless. Use of Falsified Documents (par 3 of Art. and (d) Issuing falsified message to the prejudice of a third person or with intent to cause such damage (par 2). 1. The holder of a falsified sweepstakes ticket is presumed to be the author of a falsification and he has the burden to present satisfactory evidence to the contrary. 1 and 2). (People vs. 173. De lara. pars. The use of a falsified document is not necessarily included in the crime of falsification of a public document. and (b) there is damage or intent to cause damage. shall suffer the penalty next lower in degree. Acts Punished: (a) Uttering fictitious message. 2. Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice. 574). (a) and (b) can be committed either by an officer or employee of the government. 3. Falsification of Private Document. If the false documents is used in another proceeding. telegraph or telephone message of any system or falsifies the same.fake documents) is not necessarily included in the crime of falsification of a public document by a public officer or empoyee or by a private person. Elements: (a) The documents is false (as embraced in Art. 1. there must be damage or intent to cause damage. the use of those forged check how that the accused either committed the forgery himself or knew the checks were forged. (c) may be 59 . or a private person who is an officer or employee of a private corporation engaged in the services of sending or receiving wireless. 172). 1. (c) Issuing falsified message (par 1). 2. cable. 172. The act under par. 4. The acts under pars. (b) Falsifying message (par 1). and use of said falsified messages. Art. If the forged checks were cashed by the accused although there is no actual proof that the accused forged them. Elements: 9a) The document is false. cable or telephone message. and (b) The accused had knowledge that such was false. 45 Phil. telegraph and telephone messages.

Supreme Court of Spain.. 174. 1889). (U. and who transmit by wire in the form as amended by him after suppressing several of the words therein contained. 4. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. Dec. Art. and 2. 1. he is liable under this article.committed by any person. 60 . in connection. since a private person is not liable under par. The telegraph operator and public official who. Section Five. false certificates of merits or service. May 31. However. with intent to gain. good conduct or similar circumstances. 17 Phil. shall issue a false certificate. although as a joke. vs. Where an employee of a telegraph office falsified a telegram even though not received. with the practice of his profession.000 pesos shall be imposed upon: 1. good conduct or similar circumstances by a public officer. in order to frighten a third person. reduces the number of words written in a telegram received by him for dispatch. when unauthorized to do so by the sender. The certificate need not refer to an illness or injury to exempt a person from the performance of a public duty. Acts Punished: (a) Issuance of a false certificate by a physician or surgeon in connection with the practice of his profession. — The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1. 2. False medical certificates. However. a private person who falsified a telegram to defraud another is guilty of estafa only. by making alterations in its wording. 1 of this article for falsification of a telegram. etc. (b) Issuance of false certificate of merit or service. it is essential that the medical certificate is issued knowing it to be false. — Falsification of medical certificates. Romero. whether he is a public officer or employee or a private person. and (c) Falsification by a private person of any certificate falling (a) and (b). Any public officer who shall issue a false certificate of merit of service. 3. (Decision of Supreme Court of Spain. 76). 1889). The crime is committed if the false certificate is issued to exempt a person from performing a private duty. May 16. commits the crime of falsification of a telegram.S. Any physician or surgeon who. certificates of merit or services and the like.

or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter. Art. military payment certificate. 174. Section Six. 2. he will also liable for bribery. 2. gift or reward. Acts Punished: (a) Making or introducing into the Philippines any stamps. intent to gain is immaterial. 175. 2. 1. False certificates must not be confused with falsified documents under Arts. 210). importing and possession of instruments or implements intended for the commission of falsification. — The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. — The penalty of prision correccional in its medium and maximum periods and a fine not to exceed P10. 176. — Manufacturing.S. will make the offender liable under par 3 of Art. or other instruments or implements intended to be used for counterfeiting. shall have in his possession any of the instruments or implements mentioned in the preceding paragraphs. 175. Use of the documents covered in Articles 171 and 172. dies. Manufacturing and possession of instruments or implements for falsification.000 pesos shall be imposed upon any person who shall make or introduce into the Philippine Islands any stamps. and (c) Offender uses the same. and (b) Possession with intent to use any of the instruments mentioned above. Using false certificates. In par. it being enough that they may be employed by 61 . 174. dies. with the intention of using them. (Art. 171 and 172. Art. But if the public officer issued the false certificate in consideration of a promise. Elements: (a) There must be a false certificate as defined in Art. Any person who. 172. it is not necessary that the implements confiscated form a complete set for counterfeiting a $10.00 U. will subject the offender to prosecution under Art. whether in a judicial or nay proceeding with knowledge of their falsity. shall suffer the penalty next lower in degree than that provided therein. (b) Knowledge that the certificate is false. use of the false certificates mentioned in Art. marks. In order to secure a conviction under the article. marks. 1.3.

G. with or without pretense of official position. 177 is not restricted to private individuals. [CA] G. uniforms and insignia. it was held that the defendant was guilty of usurpation of official functions. Violation of Art. Escobar. however. agent or representative of any department or agency of the Philippine Government or of any foreign government. or who. et al. under pretense of official position. (People vs. a fine of not more than P5. 75). 31. continued exercising the duties of the mayor notwithstanding the opinion given the Vice-Mayor had the right to exercise such duties in the absence of the Mayor. and (b) Performing any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government or any agency thereof. or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines. One. 2. under pretense of official position and without being lawfully entitled to do so. representing oneself to be an officer. [CA] 48 O. 6725-R. or any agency thereof. 177.00 or imprisonment for not more than 5 years or both is imposed..themselves or together with other implements to commit the crime of counterfeiting or falsification. No. Oct. 52 O. Where. shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government. shall perform act pertaining to the 62 . rank. Chapter Two OTHER FALSIFICATIONS Sec. Art. 4401). in addition to the penalty under this Article. — Usurpation of authority. and improper use of names. where defendant. — Any person who shall knowingly and falsely represent himself to be an officer. 10. Santiago. a municipal councilor. September 2. The penalty provided under this article is prision correccional in its minimum and medium periods. 5491). 1951). 1. without being lawfully entitled to do so. (People vs. the authority or function usurped pertains to diplomatic. et al. Hilvano.R.G. 1. title. Acts Punished: (a) Knowingly and falsely. Thus. RA No. shall suffer the penalty of prision correccional in its minimum and medium periods. Republic Act No. Usurpation of authority or official functions. (Sec. (People vs.000. agent or representative of any department or agency of the Philippine Government or of any foreign government. Public Officials may also commit this felony. 4. punishes any person who. 1946. 3.. consular.

Rep. Act 142) is not violated if one uses a name with which he was christened or by which he was known since childhood. cinema. Elements of using a fictitious name: (a) offender used a name other than his real name and the factitious name was used publicly in order (1) to conceal crime. 1.) Art. — The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime. 10 was intended as an emergency measure to counteract the subversive activities of seditious organizations at the tine of its enactment. Tan Ko Koa. evading the execution of a judgment or causing damage. Lidres. 1960. 4). So. The prosecution must show the law. however. without being lawfully authorized to do so. 8453). [CA] 74 O. radio or other entertainment purposes and in athletic events where the use of a pseudonym is a normally accepted practice. (People vs. 177 is eliminated. To Hee Piu. Act No. July 26. the elements of pretense of official position is restored. Act No. 2. Two acts are punished by this article. (2) or to any person in authority or (3) to any public officer. 35 Phil. executive or legal decree. 142. no person shall use any name different from the one with which he was registered at birth in the office of the local civil registry. 11823). and (b) concealing true name. (2) to evade a judgment.G. Laguitan. 379. the one liable under Rep. Signing of fictitious name in passport application is a public use of fictitious name (People vs. the act committed must pertain to (1) the government. Under Com. No. (People vs. The Anti-Alias Law (Com. 178. except as pseudonym for literary. authorizing the government or person in authority or public officer to perform the act and the government agency.Government or to any person in authority or public officer.G. Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos. or (3) to cause damage to public interest. A substitute name or an alias may be used only as authorized by competent or judicial authority. Hence. pretense of official position required in Art. 63 . television. [CA] 64 O. Under this law. Using fictitious name and concealing true name. 3. person in authority or public officer who actually performs the act. with imprisonment for not less than 2 years nor more than 10 years. or with which he was registered in the immigration office upon entry. (People vs. Act. L-12495. namely: (a) Using a fictitious name.

Elements: (a) Offender publicly makes use of insignia. 1984. uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member. August 28.The use of an alias without judicial authority is punished in Sec. Romero. Illegal use of uniforms or insignia. 64 . A common-law-wife does not incur criminal liability under Commonwealth Act 142 re: use of an alias if she uses the family mane of the man she has been living with for almost 20 years. — The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia. L-63817. Section Two. (Rivera vs. 762). The penalty of reclusion temporal. p. Intermediate Appellate Court. Hock Lian vs. Elements of concealing true name: (a) Offender conceals his true name and other personal circumstances. citing Cuello Calon). uniform or dress pertains to an office not held by the offender or pertains to a class of persons of which the offender in not a member. 4. Republic. and (b) the purpose is in order to conceal his identity. 4 of Com. uniform or dress. 17 SCRA 188) and being known in business by an alias name is not sufficient to allow him its use.G. False testimony against a defendant. Republic. 58 O. Act 142 (Marca vs. 2. 179. 8 CAR 242. 4402). Colorable resemblance calculated to deceive the common run of people and not those thoroughly familiar with every detail or accessory is sufficient. — False testimony Art. (II Feria & Gregorio. 106 Phil. 8 CAR 242. 3. (Yun Kheng Chian vs. Republic. — Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. 180. Exact imitation of the uniform is not necessary. 1. introduced by him to the public as his wife and she assumed that role and his name without any sinister motive or personal material again in mind. 131 SCRA 478). and (b) the insignia. Hock Lian vs. Art. Republic. 185. The term “improperly” (“indedibo” in Spanish) means that the offender has no right to use the uniform or insignia. She applied for benefits upon his death not for herself but for their son of tender age who was under her guardianship. if the defendant in said case shall have been sentenced to death. (People vs.

The penalty of arresto mayor.000 pesos. 2. if the amount in controversy shall exceed 5.G. Art. 182. Since Art180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty. The penalty provided by this article is less than that which is the preceding one because there is no danger to the life or liberty of the defendant. shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1. However. if the prosecution is for a felony punishable by an afflictive penalty. See People vs. 2. supra). Art.000 pesos.G.000 pesos. if the defendant shall have been sentenced to a correctional penalty or a fine. 1. Reyes [CA] 48 O. False testimony in civil cases. if the defendant shall have been sentenced to any other afflictive penalty.000 pesos. The penalty of prision mayor. The penalty of prision correccional. False testimony may be committed even if the false testimony is not considered or is not given any weight or even if the accused is acquitted. 10887). false testimony in this instance cannot be punished considering that a penal law is to b strictly construed. if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua. and 4. (People vs. it is not necessary that the false testimony given should directly influence the decision of acquittal. False testimony favorable to the defendants.2. [CA] 65 O. Independent evidence of falsity is not required for conviction. Intent to favor the accused is essential is this kind of false testimony. Reyes. (People vs. Arazola. 180 depends upon the sentence imposed upon the accused in the criminal cases where the false testimony was given except was given in the case of a judgment of acquittal. “Against the defendant” means a false testimony that tends to establish or aggravate the guilt of the accused and not the result that said testimony may produce. and the penalty of arresto mayor in any other case. — Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6. 1. 181. 1837. and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to 65 . — Any person who shall give false testimony in favor of the defendant in a criminal case. or shall have been acquitted. 3. The penalty prescribed by Art.

[CA] 40 O. Rules of Court. and (e) Such testimony must be malicious and given with an intent to affect the issues presented in said case. Aragon. Any person who. Art. [CA] G. 1.G. The penalty is made to depend upon the amount involved.S. No. “Material Matter” means the main fact which is the subject of the inquiry.. or make an affidavit. shall suffer the respective penalties provided therein. in case of a solemn affirmation made in lieu of an oath. 183. or any fact or circumstance which tends to corroborate or strengthen the testimony relative to 66 . Nov. 2. 1960). 2. upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. (c) Willful and deliberate assertion of a falsehood by the offender. if the amount in controversy shall not exceed said amount or cannot be estimated. (b) Before a competent officer authorized to receive and administer such oath. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person. vs. Rule 2. wherein a controversy over an amount existed between one party who is called the plaintiff and another who is called the defendant. 3. (U. Where the testimony in question was not given in a civil case. who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles. wherein the gross value of the state of a deceased person is determinative of the court’s jurisdiction.exceed 1. The crime is perjury. shall testify under oath. 469). Elements: (a) Statement or affidavit upon material matter made under oath. 20. 3. but in a special proceeding under Sec. 1. (People vs. 2491). or any circumstance which tends to prove the fact.000 pesos. – Perjury is the willful and corrupt assertion of falsehood under oath or affirmation administered by authority of law on a material matter. Bautista. and (d) The sworn statement containing the falsity is required by law. 15619-R. (People vs. Art 182 penalizing the giving of false testimony in civil cases doen not apply.R. Elements: (a) The testimony must be given in a civil case. 1. (b) The testimony must relate to the issues presented in said case. Perjury Defined. 2 Rule 74. False testimony in other cases and perjury in solemn affirmation. pursuant to Sec. (d) The false testimony must be given by the defendant knowing the same to be false. 5 Phil. Hernandez. shall commit any of the falsehoods mentioned in this and the three preceding articles of this section. (c) The testimony must be false.

shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned. Machinations in public auctions. — Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction. (People vs.the subject of the inquiry. any essential elements constituting the crime of perjury must be established by competent testimony. or any other artifice. — Machinations. Elements: (a) Offer in evidence of a false witness or testimony. 183 in relation to Art. The felony is consummated the moment a false witness is offered in any judicial or official proceeding. (b) Offender knows such falsity. The word “requires” is merely permissive. 66 Phil. 68 Phil. 4. 3. not mandatory. a principal by direct participation. (People vs. monopolies and combinations Art. 67 . Looking for a false witness is not punishable by law as that is not offering a false witness. 1827). — Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding. 2. Bellena. and any person who shall attempt to cause bidders to stay away from an auction by threats. (Dec. promises. Is subordination of perjury punished in the Code? – Subordination of perjury no longer exists in our Revised Penal code but the act is punished as plain perjury under art. gifts. July 4. The phrase “when the law so requires” does not mean that the sworn statement or affidavit must be required by law. 184. 365). 1. Offering false testimony in evidence. 17. 382). 4. For conviction of subornation of perjury. The inducer becomes a principal by inducement and the one induced. and (c) Offer was made in a judicial or official proceeding. or which legitimately affects the credit of any witnesses who testified. Chapter Three FRAUDS Section One. and that of perjury if made in an official proceeding. with intent to cause the reduction of the price of the thing auctioned. 185. Padol. The penalty shall be that of false testimony if the offer was made in a judicial proceeding. shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. Art. Supreme Court of Spain.

production. 3. Any person who shall monopolize any merchandise or object of trade or commerce. Any person who. If the offense mentioned in this article affects any food substance. processing. processed. gifts. produced. Kapunan. or both. 45 Phil. in restraint of trade or commerce or to prevent by artificial means free competition in the market.000 pesos. assembled in or imported into the Philippines. or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country. Monopolies and combinations in restraint of trade. shall be imposed upon: 1. produced. wholesaler or retailer. promises or any other artifice. producer. motor fuel or lubricants. or imported merchandise or object of commerce is used. being a manufacturer. or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market. with intent to cause the reduction of the price of the thing auctioned. shall combine. and (b) Attempting to cause bidders to stay away from an auction by threats. 186. of any such merchandise or object of commerce manufactured. 2. The crime is consummated by the mere act of soliciting a gift or promise for the purpose of abstaining from taking part in any public auction. or of increasing the market price in any part of the Philippines. 2. Art. assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce. the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise. 482). — The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6. or of any article in the manufacture of which such manufactured. either as principal or agent. or other articles of prime necessity.1. (Diaz vs. conspire or agree in any manner with any person likewise engaged in the manufacture. Acts Punished: (a) Soliciting any gift or promise as a consideration for refraining from taking part in any public auction. 68 .

than what is shown by said stamp. or both. when the rest of the article shows that the quality or fineness thereof is less by more than one-half karat. or marks which fail to indicate the actual fineness or quality of said metals or alloys. who shall have knowingly permitted or failed to prevent the commission of such offense. — Frauds in commerce and industry Art. or other precious metals or their alloys. producers. stamped. Importation and disposition of falsely marked articles or merchandise made of gold. labeled or attached. Grounds of liability: (a) Knowingly permitting commission of said acts. the president and each one of its agents or representatives in the Philippines in case of a foreign corporation or association. if made of silver. silver. silver. (b) Monopoly of merchandise to alter prices by spreading false rumors or any other artificial means to restrain free competition in the marker and (c) Acts of manufacturers. brand. — The penalty of prision correccional or a fine ranging from 200 to 1. or their alloys. the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp. 3. printed. or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved. shall be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise made of gold. and being the subject thereof. brand. the president or one of the directors or managers thereof.Any property possessed under any contract or by any combination mentioned in the preceding paragraphs. (b)) If it is a foreign corporation or association. brands. or mark. Section Two. Whenever any of the offenses described above is committed by a corporation or association. 2. processors or importers prejudicial to lawful commerce. label. the agent or representative thereof. or other precious metals. label. Any stamp. brand. label or mark. Acts Punished: (a) Entering into a conspiracy or combination in restraint of trade or to prevent by artificial means free competition in the market. 187. shall be forfeited to the Government of the Philippines. or (b) Failing to prevent commission of said acts. with stamps. But in case of watch cases and flatware made of gold. 69 . shall be held liable as principals thereof. Persons liable when any of said acts is committed by a corporation or association: (a) If it is a domestic corporation or association.000 pesos. 1. and less by more than four one-thousandth. if made of gold.

shall use or substitute the service mark of some other person. sign or device.1. trade-mark. (b) If made of silver. designations. titles. or otherwise. or service mark on his own goods or in connection with the sale or advertising of his services. Any person who shall sell such articles of commerce or offer the same for sale. label or mark deemed to fail to indicate actual fineness of article: (a) If made of gold. (c) In case of watch cases and flatware made of gold. or service marks. Subsisting and altering trade-mark. knowing the purpose for which the trade-name. or both. or service mark. and distinctive features of radio or other advertising. trade-mark. — The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2. or a colorable imitation thereof. lithographs. 188. or in any way reproduces such trade-name. 2. 2. names. in the sale or advertising of his services. A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks. shall be imposed upon: 1. prints. or service mark of a person is to be used. character names. or (c) disposing of any article or merchandise made of gold. when less by more than four one-thousandth than what is shown in the brand or stamp. or other precious metal which does not indicate actual fineness or quality of said metals. label. for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same. symbol. 3. when less by more than three one-thousandth than what is indicated in the brand or stamp. name.000 pesos. trade-mark. poster. for another person. When stamp. sign. or a colorable imitation of such mark. Any person who. Any person who. symbols. Art. emblem.mark has been fraudulently used in such goods as described in the preceding subdivision. knowing that the trade-name or trade. brand. or 4. title. A trade-name or trade-mark as herein used is a word or words. (b) selling. Acts Punished: Knowingly (a) importing. when less by more than one-half (1/2) karat than what is shown in the brand of stamp. to enable that other person to fraudulently use such trade-name. 70 . Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof. silver. slogans. or any combination thereof used as an advertisement. trade-names. for the purpose of enabling the public to distinguish the business of the person who owns and uses said tradename or trade-mark.

either as to the goods themselves.G. unlike the trademarks. (b) Selling said articles knowing the fraudulent use of said trademark or tradename. annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services. trade-mark or service mark or an entry respecting a trade-name. tradename. and false description. 1082). or service mark of a person for another to enable the latter to fraudulently use the same upon his goods and services. Tradenames are protected against use or imitation upon the ground of unfair competition. The purpose of the law is to protect the manufacturer or dealers as well as the public. Acts Punished: (a) Substitution of trademark or tradename of a. (b) Affixing in goods false designation of origin. Art. fraudulent registration of trade-mark. Acts Punished: (a) Unfair competition by selling goods giving them the appearance of goods of another. or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose. [CA] 38 O. Go Yee Bio. trade-name or service mark. Unfair competition consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals. — The penalty provided in the next proceeding article shall be imposed upon: 1. Any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name. 2. 1. or services for those of one having 71 . manufacturer for the trademark or tradename of the real manufacturer upon an article of commerce and selling the same. One of the distinguishing characteristics of tradenames is that. in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general. 3. and (d) Reproducing the trademark. fraudulent designation of origin. apply. (People vs. 2. trade-mark or service mark or of himself as the owner of such trade-name. Any person who. 189. trade-mark or service mark. tradename or service mark. Any person who shall affix. shall sell his goods giving them the general appearance of goods of another manufacturer or dealer. Unfair competition. and (c) Fraudulent registration of trademark. they are not necessarily attached or affixed to the goods of the owner. 2. or his business.1. (c) Using or substituting service mark of some person in the sale or advertising of his service.

established goodwill, or committing any act calculated to produce said result.
(R.A. No. 166, Sec. 29, par.2).
3. The true test of unfair competition is whether certain goods have been
clothe with an appearance which is likely to deceive the ordinary purchaser
exercising ordinary care, and not whether a certain limited class of purchasers
with special knowledge not possessed by the ordinary purchaser could avoid
mistake by the exercise of this special knowledge. (U.S. vs. Manuel, 7 Phil. 221).
There is unfair competition even though the genuine product was not sold in the
Philippines during the period the imitation was marketed. The elements of actual
competition is not the determining factor but the unfairness of the act of the
imitator. The trademark owner is given protection since there is damage to him
from the confusion of the goods. (Converse Rubber Goods Corp., vs. Jacinto
Rubber and Plastic Co., L-27425, April 28, 1983).
4. Arts. 188-7189 have been amended by Rep. Act. 172, June 20, 1947.
Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
[Art. 190. Possession, preparation and use of prohibited drugs and maintenance
of opium dens. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine ranging from 300 to 1,000 pesos
shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or
otherwise use any prohibited drug.
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta
eucaine, Indian hemp, their derivatives, and all preparations made from them or
any of them, and such other drugs, whether natural or synthetic, having
physiological action as a narcotic drug.
"Opium" embraces every kind, class, and character of opium, whether
crude or prepared; the ashes on refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium, preparation in which
opium, morphine or any kind of opium, enter as an ingredient, and also opium
leaves or wrappings of opium leaves, whether prepared or not for their use.
"Indian hemp" otherwise known as marijuana, cannabis, Americana,
hashish, bhang, guaza, churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the
pistillate plant cannabis satival, from which the resin has not been extracted,

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including all other geographic varieties whether used as reefers, resin, extract,
tincture or in any other form whatsoever.
By narcotic drug is meant a drug that produces a condition of insensibility
and melancholy dullness of mind with delusions and may be habit-forming.
2. Anyone who shall maintain a dive or resort where any prohibited drug is
used in any form, in violation of the law.]
[Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto
mayor and a fine ranging from 100 to 300 pesos shall be imposed upon:
1. Anyone who shall act as a keeper or watchman of a dive or resort where any
prohibited drug is used in any manner contrary to law; and
2. Any person who, not being included in the provisions of the next preceding
article, shall knowingly visit any dive or resort of the character referred to above.]
[Art. 192. Importation and sale of prohibited drugs. — The penalty of prision
correccional in its medium and maximum periods and a fine ranging from 300 to
10,000 pesos shall be imposed upon any person who shall import or bring into
the Philippine Islands any prohibited drug.]
[The same penalty shall be imposed upon any person who shall unlawfully sell or
deliver to another prohibited drug.]
[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of
any prohibited drug. — The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who, not being authorized by law,
shall possess any opium pipe or other paraphernalia for smoking, injecting,
administering or using opium or any prohibited drug.
[The illegal possession of an opium pipe or other paraphernalia for using any
other prohibited drug shall be prima facie evidence that its possessor has used
said drug.]
[Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision
correccional or a fine ranging from 300 to 10,000 pesos, or both shall be imposed
upon any physician or dentist who shall prescribe opium for any person whose
physical condition does not require the use of the same.]
Title Six
CRIMES AGAINST PUBLIC MORALS

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Chapter One
GAMBLING AND BETTING
Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto
mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the
penalty of arresto mayor or a fine ranging from two hundred or six thousand
pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who, in any
manner shall directly, or indirectly take part in any game of monte, jueteng or any
other form of lottery, policy, banking, or percentage game, dog races, or any
other game of scheme the result of which depends wholly or chiefly upon chance
or hazard; or wherein wagers consisting of money, articles of value or
representative of value are made; or in the exploitation or use of any other
mechanical invention or contrivance to determine by chance the loser or winner
of money or any object or representative of value.
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of
any building, vessel or other means of transportation owned or controlled by him.
If the place where gambling is carried on has the reputation of a gambling place
or that prohibited gambling is frequently carried on therein, the culprit shall be
punished by the penalty provided for in this article in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be
imposed upon the maintainer, conductor, or banker in a game of jueteng or any
similar game.
(c) The penalty of prision correccional in its medium degree shall be
imposed upon any person who shall, knowingly and without lawful purpose, have
in his possession and lottery list, paper or other matter containing letters, figures,
signs or symbols which pertain to or are in any manner used in the game of
jueteng or any similar game which has taken place or about to take place.
1. Acts Punished: (a) Directly or indirectly taking part in the gambling; (b)
Knowingly permitting gambling to take place in an inhabited or uninhibited place;
(c) Acting as maintainer, conductor or banker in nay game o jueting or any similar
game; and (d) Knowingly and illegally possessing lottery list, paper or other
matter maintaining to the game of jueting or any similar game.
2. Games that constitute gambling by provision of law: (a) monte; (b)
jueting; (c) any form of lottery, policy, banking, or percentage game; and (d) dog
races.
3. Elements of lottery: (a) consideration; (b) chance; and (c) prize, or
some advantage or inequality in amount or value which is in the nature of a prize.

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Importation. Art. under the same circumstances. (b) Sale or distribution of such tickets in connivance with the importer. or both. The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell. in connivance with the importer. or shall sell or distribute the same without connivance with the importer of the same. shall be imposed upon any person who except during the period allowed by law. and if the same be committed by any partnership. Any person who shall knowingly and with intent to use them. 198. shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests.000 pesos.Art. — The penalty of arresto menor or a fine not exceeding 200 pesos. and Sale of lottery ticket without connivance with importers. Art. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2. or both. Acts Punished: (a) Importation of lottery tickets. Art 2019 of the Civil Code of the Philippines provides that betting on the result of sport or athletic competitions may be prohibited by local ordinances. Betting in sports contests. Acts Punished: Betting money or any object of value or representative of value on the result of any sports contests. For the purposes of this article. corporation or association.000 pesos. — The penalty of arresto menor or a fine not exceeding 200 pesos. the president and the directors or 75 . shall be on horse races. shall be imposed upon any person who. It is not necessary that the lottery ticket in possession of the offender be genuine. The game is not prohibited but the betting on the result thereof. 2. shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom. shall be punished by arresto menor. Reyes. 23 Phil. vs. have in his possession lottery tickets or advertisements. or both. or both. or a fine not exceeding 200 pesos. shall sell or distribute the same. (U. any race held in the same day at the same place shall be held punishable as a separate offense. Illegal betting on horse race. 39). shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or. 2. in the discretion of the court. in the discretion of the court.S. 1. distribute or use the same in the Philippine Islands. 197. or both. sale and possession of lottery tickets or advertisements. The penalty of arresto mayor or a fine ranging from 200 to 2. (c) Illegal possession of lottery ticket. 1. 196.

Illegal cockfighting. or who organizes cockfights at which bets are made. 2. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. Any person who directly or indirectly participates in cockfights. (b) Organizing cockfights at which bets are made on days not allowed by law (c) Betting money or thing of value or representative of value on cockfights at a place other than a licensed cockpit. 1. 200. 2. and (d) Organizing cockfights at a place other than a licensed cockpit. Acts Punished: (a) Betting money or things of value or representative of value in cockfighting on days not permitted by law. partnership. in the discretion of the court. — The penalty of arresto menor or a fine not exceeding 200 pesos. (b) publicly committed or within the knowledge and view of the public. (c) must offend against decency or good customs. or both.managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. Chapter Two OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Art. 1. The spectators in a cockfight are not liable. Acts Punished: (a) Betting on horse races on days not allowed by law. 76 . and (d) act not expressly falling within any other article of the Code. shall be imposed upon: 1. Any person who directly or indirectly participates in cockfights. Elements: (a) Act must be highly scandalous. 199. at a place other than a licensed cockpit. 2. the president and directors or managers thereof who consented to or tolerated its commission are deemed principals. or association. on a day other than those permitted by law. 1. Any race held on the same day and at the same place shall be considered as a separate offense and if committed by a corporation. and (b) Maintaining or employing a totalizer or other devise for betting on horse races or for profit on days not allowed by law. by betting money or other valuable things. Art. Grave scandal.

scenes. 201. published with their knowledge in any form. 960 and 969). Any person having no apparent means of subsistence. (3) offend any race or religion. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling.G. 16 Phil. Art. which are prescribed by virtue hereof. vs.2. Art. fairs. but malicious mischief under Art. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support. whether live or in film. 202. (4) tend to abet traffic in and use of prohibited drugs. or both such imprisonment and fine. lawful orders. exhibit. floors and interior of the municipal building does not constitute a violation of this article. Vagrants and prostitutes. acts or shows. in theaters.S. cinematographs or any other place. (As amended by PD Nos. public order. the editors publishing such literature. obscene publications and exhibitions and indecent shows. indecent or immoral plays. 3. prints. penalty. (U. lust or pornography. (2) serve no other purpose but to satisfy the market for violence. The acts punished by Article 200 are those which by their character and nature cause scandal among the persons witnessing them. shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals. shall include those which (1) glorify criminals or condone crimes. 77 . Dumlao. 3715). morals. and the owners/operators of the establishment selling the same. (3) Those who shall sell. give away or exhibit films. 329. (2) (a) the authors of obscene literature. decrees and edicts. sculpture or literature which are offensive to morals. and (5) are contrary to law. 663). (b) Those who. [CA] 38 O. (People vs. Immoral doctrines. 2. established policies. It is essential that the act or acts complained of should be committed in public or within the knowledge and view of the public. Scattering coconut remnants containing human excreta on the stairs. Samaniego. — The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos. — The following are vagrants: 1. engravings. besides being contrary to morals and good customs and committed publicly or within the knowledge or view of the public. and good customs.

not being included in the provisions of other articles of this Code. and in case of recidivism. 5. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos. 23 years old. 38 Phi. 1 and 2 if he has visible means of support. Any idle or dissolute person who ledges in houses of ill fame.S. For the purposes of this article. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. 4. One is not vagrant under pars. (U. Cruz. One having no apparent means of subsistence. 5. Any person who. Molina. or both. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. who has the physical ability to work. (U. without any lawful calling who spent his timer in streets. neglects to apply himself to some lawful calling. by his mother of limited means is not visible means of support or apparent means of subsistence contemplated by law. vs. or tramping or wondering about the country or streets without visible means of support. women who. ruffians or pimps and those who habitually associate with prostitutes.S. 471). habitually indulge in sexual intercourse or lascivious conduct. One found loitering about public or semi-public buildings or places. Par. 149) The support given to the accused.S. Prostitutes: 78 . ablebodied.3. ruffians or pimps and those who habitually associate with prostitutes. in the discretion of the court. Hart. One. are deemed to be prostitutes. cockpits and gambling houses. Any idle or dissolute person who lodges in houses of ill-fame. not included within any other articles of the Code. 3 includes maintainer of a house of prostitution or a pimp who is one provides gratification for the lust of others. 23 Phil. 3.000 pesos. (U. Prostitutes. vs. 1. 4. for money or profit. 2. by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2. 26 Phil. 677).

Title Seven CRIMES COMMITTED BY PUBLIC OFFICERS Chapter One PRELIMINARY PROVISIONS Art. agent or subordinate official. by direct provision of the law. A man cannot be a prostitute. 203 obliterates the standard distinction in the law of public officer between “officer” and “employee. parks and bridges shall be punished by a fine not exceeding P20. or in any of its branches public duties as an employee. exploited infants and minors on public roads. popular election or appointment by competent authority. Habitual mendicant is one who has been convicted of mendicancy under the Decree two or more times. Who are public officers. who has no visible and legal means of support or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead was begging as a means of living. of shall perform in said Government or in any of its branches public duties as an employee. any person who. Decree No. shall take part in the performance of public functions in the Government of the Philippine Islands. by direct provision of law. Art. 203). Any person who abets mendicancy by giving alms directly to mendicants. or subordinate official. of any rank or class. of any rank or class. “Mendicant” is any person. Exploited infant is a child 8 years and below who is used in begging or who accompanies a habitual beggar or vagrant mendicancy is punished by a fine not exceeding P500 or imprisonment not exceeding 2 years or both. — For the purpose of applying the provisions of this and the preceding titles of this book. 1563 (June 11. sidewalks. or shall perform in said Government. 1973) establishes an integrated system for the control and eradication of mendicancy and providing penalties therefore. shall be deemed to be a public officer (Art. Pres. 1.A woman is a prostitute when she (1) habitually indulges is sexual intercourse or lascivious conduct and (2) for money or profit. except as provided in the decree.00. shall be deemed to be a public officer. 203. shall take part in the performance of public functions in the Government of the Philippines. agent. Any person who. popular election or appointment by competent authority. 6.” as the definition is quite comprehensive to 79 .

L-47880. 1979. L-2971. 204.S. is guilty or bribery and not knowingly rendering an unjust judgment under Art. — Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision. rendered a decision convicting the offender.G. In order that a judge may be held liable for knowingly rendering an unjust judgment. G. XIII. (Pabalan vs. 5. or with gross ignorance. (c) said judgment is unjust. 1(1)(b). Valera. Employee of the University of the Philippines starting from the ground janitors to the members of the Bard of Regents are public officers. Sayo.G. vs. Gacutan. 39 Phil. Constitution of the Philippines and Sec. 7801). (b) He renders a judgment in a case submitted to him for decision. 2.S. 80 .. 43 O. April 20. 6617). 1951). 3019). since it is known whether the said decision is just or unjust (U. (U. criminal or administrative – for any of their official acts. vs. Hon. 2(a) and (b) of Republic Act No. who. cited in People vs. (Maniego vs. it must be shown beyond reasonable doubt that the judgment adverted to is unjust as being contrary to law or as not supported by the evidence and the same was rendered with conscious and deliberate intent to an injustice. and (d) He knows that said judgment is unjust. Cruz. (Valdez vs.R. Elements: (a) The offender is a judge. (Sec. Appellant. 533. Judges cannot be subjected to liability – civil. — Dereliction of duty Art.embrace every public servant from the highest to the lowest. in consideration of a carabao worth P80. [CA] 65 O. 2. 81 SCRA 246). Guevara. Ubay 87 SCRA 179). Ybao. et al. 3082). Smith. that they may be held criminally or administratively responsible. Knowingly rendering unjust judgment. People. Chapter Two MALFEASANCE AND MISFEASANCE IN OFFICE Section One. shall be punished by prision mayor and perpetual absolute disqualification. 74 SCRA 53. 100).00 given at his request by a complainant in a criminal case. 28 Phil. It is only when they act fraudulently or corruptly. as long as they act in good faith. Art. vs. Art. 1. A branch manager of the Government Service Insurance System is a public officer. 75 O. 204. (People vs. no matter how erroneous. The term “person in authority” and “public officer” found in the Spanish Penal Code must be given a restricted meaning so as to include only persons who perform some of the functions of the government of the Philippine Islands. Sta Maria vs.G. April 30. XII and Sec. (Agbayani. a justice of the peace. 537.

March 12. MTJ-92-643. S. 204 has no application to the members of a collegiate court such as the Supreme Court or its Divisions who reach their conclusion and accordingly render their collective judgment after due deliberation. of Spain. Feb. 1955). 81 . 1. 1992). 27. Art.R. It must be patently contrary to law if rendered due to ignorance or inexcusable negligence. Wenceslao Laureta. In some administrative cases decided by the court. (d) he knew that said judgment is unjust. or (b) rendering a manifestly unjust interlocutory order by inexcusable negligence3 or ignorance. 205. (Decision of Sup. This crime refers to an individual judge who does so in any case submitted to him for decision and even then it is not the prosecutor who could pass judgment on the “unjustness of the decision rendered by him but the proper appellate court with jurisdiction to review the same. 4. The offense may be committed by a judge in two ways: (a) By knowingly rendering an unjust interlocutory order. The law requires that the (a) offender is a judge. Ct. Judgment rendered through negligence.3. — Any judge who. “Manifestly unjust judgment” is a judgment which cannot be explained with a reasonable interpretation or is a clear incontrovertible and notorious violation of a legal precept. it was ruled that in order to hold a judge liable. but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust. Art. 1. A judgment is said to be unjust when it is contrary to the standards of conduct prescribed by law. and (d) It was committed through inexcusable negligence. Unjust interlocutory order. vs. Diaz Villanueva Adm. Case No.” Art. (b) He renders a judgment in a case submitted to him for decision. it must be shown beyond reasonable doubt that the judgment is unjust and that its was made with conscious and deliberate intent to do an injustice. (c) Said judgment is manifestly unjust. — Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension. Feb 19. (c) the judgment is unjust. G. 1987). Nov. 1891. 206. (In Re: Disciplinary action against Atty. Elements: (a) Offender is a judge. either the Court of Appeals and/or the Supreme Court. The test top determine whether an order or judgment is unjust may be inferred from the circumstances that is contrary to law or is not supported by evidence (Louis Vuitton. (b) he renders a decision in a cases submitted to him for decision. 63635. the penalty shall be suspension. 2.A. by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. 23.

Prosecution of offenses. Cuello Calon says that the act must be committed maliciously with deliberate intent to prejudice a party in the case (III. an intolerable situation would occur. 1. These officers are charged by law to prosecute offenses. negligence and tolerance. Lack of zeal or any delay in the performance of duties does not constitute the crime. p. Malabanan. be 82 . 365). Of Sip Ct. 1. Persons Liable: (a) Any public officer. A lieutenant of a barrio who neglects his duty and fails to move for the prosecution of. (People vs. Malice is an integral element. Malicious delay in the administration of justice. Where the offense is committed by culpa the penalty is suspension only. A judge maliciously delays the administration of justice is guilty under this article. shall maliciously refrain from instituting prosecution for the punishment of violators of the law. 73 SCRA 110). Art. 786). Art. of Spain. or shall tolerate the commission of offenses. (Ddec. Every municipal president in the Islands would be subject to conviction by the machinations of his political enemies. (Magdamo vs. the commission of which he is informed. 4. in dereliction of the duties of his office. 62 Phil. IV. who. Acts Punished: (a) Maliciously refraining from institution of prosecution for the punishment of violators of the law. 2. 3. Pahimulin. If every public functionary who fails to institute criminal prosecution for every misdemeanor which he has reason to believe has been committed. is liable to be sent to jail for a year and a half as a felony. 2. under a statute as rigorous as any devised by Draco. — The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. a crime of arson. June 19. or (b) Officer of the law. 207. 5. or officer of the law. There must be bad faith or criminal intent to favor the offender. would in case the alleged crime was afterwards duly proved. p. 335). (Viada. From the practical standpoint it is clear that giving this section the most liberal interpretation possible would result in impossible conditions. 1982).2. 208. and punishment for. — The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer. Malice connotes that the action complained of must be the result of a deliberate intent and does not cover a mere voluntary act. and (b) Tolerating the commission of offenses.

Mendoza. shall prejudice his client. Acts Punished: (a) Malicious breach of professional duty. having undertaken the defense of a client or having received confidential information from said client in a case. personally or through the mediation of another. 194). or a fine ranging from 200 to 1. Betrayal of trust by an attorney or solicitor. Section Two. The penalty provided is in addition to the proper administrative action against the lawyer. Revelation of secret signifies a communication of the same to another.000 pesos. in connection with the performance of this official duties. 23 Phil. — Revelation of secrets. 3. vs. (b) Inexcusable negligence or ignorance. shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who. (U. 4. gift or present received by such officer. shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] not less than three times the value of the gift in addition to the 83 .guilty of “prevaricacion” but not for concealment of the crime of arson. Prejudice to the client is essential when there is malicious breach of professional duty or inexcusable negligence or ignorance. Art. (c) Revelation of secrets learned in his professional capacity. Direct bribery. shall undertake the defense of the opposing party in the same case.S. The prejudice is equivalent to causing material or moral damage to client. 209. by any malicious breach of professional duty or of inexcusable negligence or ignorance. — Bribery Art. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who. or reveal any of the secrets of the latter learned by him in his professional capacity. 210. It is not essential in the case of revelation of secrets or in the representation of conflicting interests. or both. 2. The secrets which should not be revealed are not limited to those learned by the lawyer in connection with a case in which he is intervening but includes all other secrets learned from a client in the course of professional relationship. — In addition to the proper administrative action. without the consent of his first client. 1. the penalty of prision correccional in its minimum period. in consideration of any offer. — Any public officer who shall agree to perform an act constituting a crime. and (d) Undertaking the defense of the opposite party in a case without the consent of the first client whose defense has already been undertaken. promise.

84 . If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime. Persons liable: (a) Public officers. If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do. arbitrators. or (c) Abstaining from the performance of the official duties. and the officer executed said act. (b) He receives personally or through another. June 10. arbitrators. Elements: (a) Offender is a public officer as define in Art. Except as stated in the foregoing. experts or any other persons performing public duties. vs.. he shall suffer the same penalty provided in the preceding paragraph. 225) but also of bribery because he is discharging a public function. and (d) Such act relates to the exercise of the official duties. 203. and if said act shall not have been accomplished. appraisal and claim commissioners. P. (As amended by Batas Pambansa Blg. 24 Phil. et al. experts. A private person to whom the custody of a prisoner has been entrusted who allows him to escape because of a bribe is guilty not only on infidelity in the custody of prisoners. (b) Accepting a gift in consideration of the execution of an act which does not constitute a crime. bribery cannot be committed by a private person.penalty corresponding to the crime agreed upon. The provisions contained in the preceding paragraphs shall be made applicable to assessors. (U. Viada IV. appraisal and claim commissioners. (Art. above. 1985). 1. (c) For the purpose of committing any of the acts mentioned in par. In addition to the penalties provided in the preceding paragraphs. the officer shall suffer the penalties of prision correccional. Kinds of Direct Bribery: (a) Agreeing to perform or performing an act pertaining to the duties of the office which constitutes crime. 872. 212) 3.463). Gimenea. gifts or presents or accepted offers or promises. if the same shall have been committed.S. 464. in its medium period and a fine of not less than twice the value of such gift. or (b) Assessors. or any other person performing public duties. (Art. 3. he shall suffer the penalties of prision correccional in its maximum period and a fine [of not less than the value of the gift and] not less than three times the value of such gift. 2. the culprit shall suffer the penalty of special temporary disqualification. If he offers to bribe a public officer. the crime he commits is corruption of public officials. 4.

Art. an employee of the Manila Health Department. Bacalso. Indirect bribery. 2 of Art. which may or may not be accomplished. or accepted offers or promises. received P50. in consideration of P50. No. 4116). March 1. indirect bribery was committed. so that even if there is an agreement between the public officer and the giver regarding the performance thereof. 2. June 10. CA-G. 6 Phil. That the person offering the gift or making the promises shall be a private individual. 203. in order that a person may be held guilty under this article. there being no proof that he received the money in order to make a favorable report on the condition of the animals.S. that the public officer agreed to perform an act in the performance of his official duties. but not constituting a crime.It is sufficient. [CA] G. (People vs. [CA] 51 O..00 from one importer. It is not necessary that the public 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. 211. 210. Person receiving the bribe shall be a public officer as defined in Art. and d. Elago.00. Where the accused. July 24. (People vs. offered to prepare the voucher for accumulated and terminal leave of another whom he knew was to be laid off. (Victoriano vs. 11. vs. The act performed by the public officer is not unjust. 1978). Essential elements of crime of corruption of public official by means of bribery penalized in 2nd par. No. of Art. (As amended by Batas Pambansa Blg. 85 .G. 3.R. and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (U. a veterinarian in the Bureau of Health. 545). Richards. Matter. That such reception or acceptance shall have been for the purpose of executing an act. gifts or presents. it was held that indirect bribery was committed. 1. — The penalties of prision correccional in its medium and maximum periods.3-R [SCA L-68] Oct. Pamplona. 1950). indirect bribery is committed and not direct bribery under par. whether personally or by another. 1899-R. Likewise.R. b. The gift is made to anticipate a favor from the public officer in connection with his official duties or to reward past favors in connection with official duties. 1597. No. where the appellant. 1949). 1985). 210: a. That said officer shall have actually received. Alvior Adm. c. 872. (People vs. Indirect bribery is committed upon acceptance by the public officer of gifts offered of gifts offered to him by reason of his office. p.

213.Art. — The same penalties imposed upon the officer corrupted. except those of disqualification and suspension. — The penalty of prision correccional in its medium period to prision mayor in its minimum period. Corruption of public officials. Vinzol. The person giving the gift or making the offer or promise in direct or indirect bribery commits this felony. 2. Qualified bribery. or the adjustment or settlement of accounts relating to public property or funds. gift or present. the making of contracts. How committed – (a) public officer refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer. (b) public officer asks or demands such gift or present. 294). a policewoman. [CA] 47 O. in dealing with any person with regard to furnishing supplies. Penalty – for (a) public officer shall suffer penalty for the offense which not prosecuted. Thus.G. In his official capacity. it was held that the entrapment was no bar to her prosecution and conviction of the offense. (b) death. (People vs. and when eventually offered P50. – If 1. shall be imposed upon any public officer who: 1. or both. Chapter Three FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Art.00 in connection with the approval of a firearm license of a Chinaman. 211-A. 1. where the accused. shall enter into an agreement with any 86 . 212. promise. or a fine ranging from 200 to 10.000 pesos. Frauds against the public treasury and similar offenses. charged with the preparation of endorsements in connection with applications for firearm licenses. There is no entrapment in crimes committed against the public welfare especially in bribery where the overt act is hard to prove since the briber himself is punished and is usually the one who can give direct evidence of the offense. received it. Person liable – public officer entrusted with law enforcement 2. Art. shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. was 3. intimated to an NBI agent that she was not adverse to receiving money in consideration of expediting the approval of firearms licenses.

S. If the excessive fees which were accounted for were misappropriated. than that authorized by law and he misappropriates the difference between the fees collected and the legal fees. estafa. fees and other imposts by (1) demanding an amount different or larger than that due. If a municipal treasurer collected greater fees for the branding of cattle. indirect bribery may be committed. but if the same were given as a sort of gift or gratification because of his office. the felony is not committed. licenses. there is no criminal liability. 2. by way of payment or otherwise things or objects of a nature different from that provided by law. fees and other imposts. to defraud the Government. pp. (c) Collecting or receiving. Being entrusted with the collection of taxes. directly or indirectly. A.” – The first kind of illegal exaction is committed by a mere demand for the payment or larger sums than that authorized by law. for any sum of money collected by him officially. (Cuello Calon. When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs. I. Criminal intent must be shown in the sense that the sums were demanded by the public officer knowing them to be excessive. Lopez. licenses. (2) failing to issue receipt for money collected. Nature of the crime of “frauds”. or indirectly. So if the said sums are received without demanding the same. 0r (3) collecting as payment objects of a nature different from that provided by law. as provided by law. Acts Punished: (a) Frauds committed by a public officer in charge of the collection of taxes. by means of deceit. 479). the crime is already committed. 2. If good faith is therefore present. – The crime is committed by a mere agreement as long as the purpose is to defraud the government. not illegal exaction. the provisions of the Administrative Code shall be applied. the payment of sums different from or larger than those authorized by law.interested party or speculator or make use of any other scheme. (U. vs. Even if the public offender does not receive the excessive amount or sums demanded.418-419). the public officer is liable for illegal exaction for demanding and collecting excessive fees and for malversation. Nature of the crime of “illegal exaction. (b) Failing voluntarily to issue a receipt. 1. for 87 . is committed. 3. directly. shall be guilty or any of the following acts or omissions: (a) Demanding.

Any interest in a transaction of exchange or speculation outside of the jurisdiction of the public officer is not punished. Elements: (a) Offender is an appointive public officer. (U. Ct. or a fine ranging from 200 to 1. — The penalty of prision correccional in its maximum period or a fine ranging from 200 to 1. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period. Title Ten. 60 Phil. commits any of the estafas or deceits embraced in Chapter VI. taking advantage of his official position. he becomes interested. 8 Phil.000 pesos. Prohibited transactions. 2.S.00 only and who pocketed the difference. vs. 2. it cannot be estafa. 57).S. of the Penal Code. of this Code. by taking advantage of his official position. or both. (b) During his incumbency. 214. Book II. the operations of which are subject to the jurisdiction of the public officer. Casia. Purchasing shares pf stock in a company for investment is not also punished except as otherwise provided by any special law. 589).00 when it was for P6. The public officer who. of Spain. 215. Art. or an employee of a jail who misappropriate the money given to him by those detained to buy something outside the establishment. The difference between the fees collected and the legal fees forms a part already for the public funds as those accounted for (People vs. shall commit any of the frauds or deceits enumerated in said provisions. 1. Other frauds. A public officer who misappropriated funds belonging to another as a private individual (U. Regala. Title X. as the buying and selling of stocks listed in the stock exchange by an official of the Securities and Exchange Commission. 1900) cannot be liable under this Article. But the additional penalty prescribed by this article was imposed upon a justice of the peace who committed estafa against a party in a case by making him believe that the claim against said party was P12. April 14. 1. during his incumbency. Art. Policher. (Dec. 216. 771) and hence. Possession of prohibited interest by a public officer. What the law punishes is the act of taking part in any business for gain or profit or of dedicating to commerce. suffers the additional penalty imposed by this article.misappropriating the fees collected. and (c) Within the territory of his jurisdiction. Sup. — In addition to the penalties prescribed in the provisions of Chapter Six. Book Two. shall be imposed upon any appointive public officer who. shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. Art. vs. directly or indirectly. 28 Phil. or both. the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who. in any transaction of exchange or speculation. shall be imposed upon a 88 .000 pesos.

shall suffer: 89 . in like manner. and to the guardians and executors with respect to the property belonging to their wards or estate. distribution or adjudication of which they shall have acted. and (c) Guardians and executors with respects to the property belonging to their wards or the state. directly or indirectly. (b) Experts. as he assumed the obligation of A in his personal capacity only. is accountable for public funds or property. arbitrators and private accountants. wholly or partially. and later transferred his properties to the accused.public officer who directly or indirectly. through abandonment or negligence.S. it is necessary that by reason of his office. it was held that the accused was not liable under this article. 40 O. he has to intervene in said contracts or transactions. by reason of the duties of his office. shall become interested in any contract or business in which it is his official duty to intervene. 2. 217. and who assumed the obligation of the mortgage originally executed by A. took part in any contract or transaction connected with the estate or property in the appraisal. Malversation of public funds or property. shall appropriate the same or shall take or misappropriate or shall consent. Persons Liable: (a) A public officer who.G. because he did not intervene in the contract as Secretary of the Board. Ubarde. shall take part in any contract or transaction connected with the estate or property in appraisal. – The mere violation of the prohibition is punished although no fraud occurs therefrom because the probability that fraud may be perpetrated does exist or at least the State’s interest to his own. (People vs. or shall otherwise be guilty of the misappropriation or malversation of such funds or property. 328). Where A mortgaged his property to the Pension Board. in like manner. Nature of the crime. Meneses. It is not enough to be a public official to be subject to this crime. who. distribution or adjudication of which they have acted. and hence. the secretary and executive office of the board. shall permit any other person to take such public funds. or property. Chapter Four MALVERSATION OF PUBLIC FUNDS OR PROPERTY Art. 1. the officials who intervenes in contract or transactions which have no relation to his office cannot commit this crime. Presumption of malversation. 3. arbitrators and private accountants who. became interested in any contract or business in which it was his official duty to intervene. vs. (U. — Any public officer who. 28 Phil. This provisions is applicable to experts. 134). 4.

1. The penalty of prision correccional in its medium and maximum periods, if the
amount involved in the misappropriation or malversation does not exceed two
hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the
amount involved is more than two hundred pesos but does not exceed six
thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period, if the amount involved is more than six thousand pesos but is
less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the
amount involved is more than twelve thousand pesos but is less than twenty-two
thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion
temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of
perpetual special disqualification and a fine equal to the amount of the funds
malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or
property with which he is chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put such missing funds or
property to personal use. (As amended by RA 1060).
1. Elements: (a) Offender is a public officer; (b) By reason of his duties he
is accountable for public funds and property; and (c) He appropriates, takes, or
misappropriates, or through abandonment or negligence permits other persons to
take such public funds or property, or otherwise is guilty of misappropriation of
such funds or property. (Villanueva vs. Sandiganbayan, GR No. 95627 Aug. 16,
1991).
2. Acts Punished: (a) Appropriating public funds or property; (b) Taking or
misappropriating the same; (c) Consenting, or through abandonment or
negligence, permitting any person to take the same; and (d) Misappropriation or
malversation of such public funds or property. (Villanueva vs. Sandiganbayan,
GR No. 95627 Aug. 16, 1991.)
3. A private person cannot commit malversation except in two instances:
(a) if such private person in any capacity whatever has charge of any insular,
provincial, or municipal funds, revenues or property (Art. 222, People vs. Luz,
[CA] G.R. No. 4215, October 1, 1951), and (b) if such private person takes a
direct participation in the commission of the malversation of public funds or
property by a public officer or cooperates in the commission of the same, he is
guilty as a co-principal. (U.S. vs. Ponte, 20 Phil. 379, citing Groizard and Viada;

90

U.S. vs. Dato, 37 Phil. 356; People vs. Longara, [CA] 52 O.G. 3613; People vs.
Galang, 50 O.G. 1574; People vs. Estandante, [CA] 50 O.G. 2087). Nonaccountable public officers are liable for malversation, as an audit clerk, if like a
private person he aids, induces or conspire with the accountable public officer or
cooperates with him by acts without which it could not have been committed.
(People vs. Rodis, G.R, No. L-11670-709, April 30, 1959; Commission on Audit
vs. Tanodbayan GR No. 81476 July 26, 1991).
Art. 218. Failure of accountable officer to render accounts. — Any public officer,
whether in the service or separated therefrom by resignation or any other cause,
who is required by law or regulation to render account to the Insular Auditor, or to
a provincial auditor and who fails to do so for a period of two months after such
accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
1. Elements: (a) Offender is a public officer whether in the service or
separated therefrom; (b) He is accountable for public funds or property; (c) He is
required by law or regulation to render account to the Auditor General or to a
Provincial Auditor; and (d) He fails to do so for a period of two (2) months after
such accounts should be rendered.
The phrase “to render account xx to Provincial Auditor” means that the
account should be rendered at the office of the Provincial Auditor and hence the
failure to ender the account must be deemed committed in the same place.
(People vs. Batog, L-32463, July 30, 1982).
2. This is a felony by omission and misappropriation is not necessary.
The reason for this is that the law does not so mush contemplate the possibility
of malversation as the need of enforcing by a penal sanction the performance of
the duty incumbent upon every public employee who handles government funds,
as well as every depositary or administrator of another’s property to render an
account of all he receives or has in his charge by reason of his employment. The
design of the law is to impart stability to the god order and discipline which
should prevail in the organization and working of the public service by punishing
the employee who should disobey a law or regulation, lawfully made by a
competent officer for the rendition of accounts. (U.S. vs. Saberon, 19 Phil. 391).
Art. 219. Failure of a responsible public officer to render accounts before leaving
the country. — Any public officer who unlawfully leaves or attempts to leave the
Philippine Islands without securing a certificate from the Insular Auditor showing
that his accounts have been finally settled, shall be punished by arresto mayor,
or a fine ranging from 200 to 1,000 pesos or both.
1. Elements: (a) Offender is a public officer whether is active service or
not; (b) He is accountable for public funds or property; and (c) He leaves or

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attempts to leave the country without requisite clearance from the Auditor
General that his accounts have been settled.
Art. 220. Illegal use of public funds or property. — Any public officer who shall
apply any public fund or property under his administration to any public use other
than for which such fund or property were appropriated by law or ordinance shall
suffer the penalty of prision correccional in its minimum period or a fine ranging
from one-half to the total of the sum misapplied, if by reason of such
misapplication, any damages or embarrassment shall have resulted to the public
service. In either case, the offender shall also suffer the penalty of temporary
special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty
shall be a fine from 5 to 50 per cent of the sum misapplied.
1. Elements: (a) Offender is an accountable public officer; (b) He applies
public funds or property under his administration to some public use; and (c) The
public use for which the public funds or property were applied is different from the
purpose for which they were originally appropriated.
2. This felony is known as “technical malversation” and is a penal
sanction to the constitutional provision that no money shall be paid out of the
treasury except in pursuance of an appropriation made by law. (Art. VIII, Sec.
18, par. 1, New Const. Of the Phil).
Art. 221. Failure to make delivery of public funds or property. — Any public officer
under obligation to make payment from Government funds in his possession,
who shall fail to make such payment, shall be punished by arresto mayor and a
fine from 5 to 25 per cent of the sum which he failed to pay.
This provision shall apply to any public officer who, being ordered by competent
authority to deliver any property in his custody or under his administration, shall
refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing, provided that it
shall not less than 50 pesos.
1. Acts Punished: (a) Failure of public officer under obligation to make
payment from government funds under his possession to make such payment,
and (b) Refusal of public officer to make delivery of property under his custody or
administration after being ordered to do so by competent authority.
2. With respect to the act punished in letter (a) above, the crime is
committed by the mere failure to make payment from government funds which it
is the obligation of the public officer to do. If the failure is due to the fact that he
misappropriated the funds, malversation is committed. If the failure is due to the

92

seized or deposited by public authority. malversation is committed where the property attached to secure a debt is placed in the possession of defendant to which it belongs with the consent of plaintiff and who sells the same without delivering the proceeds to the plaintiff since the property is not the subject of a mere private bailment but a judicial deposit. revenues. even if such property belongs to a private individual. in case the fugitive shall not have been finally convicted but only 93 . provincial or municipal funds. An administrator of the properties of an intestate proceeding is not an administrator within the meaning of the law as the properties of the intestate are not “funds” or property. Officers included in the preceding provisions. By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification. — The provisions of this chapter shall apply to private individuals who in any capacity whatever. Conniving with or consenting to evasion. seized or deposited by public authority. However. 2. By prision correccional in its minimum period and temporary special disqualification. — Infidelity in the custody of prisoners Art. 1. This article extends the application of the provisions on malversation to private individuals who have charge of public funds or property and to private funds or property if entrusted to the custody of a public officer for which he becomes accountable. the administrator who misappropriates the funds of the intestate commits estafa and not malversation. Art. have charge of any insular. technical malversation is committed. shall be punished: 1. — Any public officer who shall consent to the escape of a prisoner in his custody or charge. 2. attached.” Hence. 222. The term “administrator or depository” refers to those persons who have charge of funds or property attached or seized or deposited by public authority. or property and to any administrator or depository of funds or property attached.fact that he devoted said funds to another public purpose. 223. This gives the depository a character equivalent to that of a public official and breach of his obligation is similar to the violation of the obligation imposed by public office. if the fugitive shall have been sentenced by final judgment to any penalty. Chapter Five INFIDELITY OF PUBLIC OFFICERS Section One. A sheriff or receiver is an administrator or depository.

a municipal policeman. Escape of prisoner under the custody of a person not a public officer. 3. and the prisoner.G. 2. — If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner. 2. Without connivance in the escape of the prisoner on the part of the person in charge. Art. Bandino. Elements: (a) Offender is public officer. taking advantage of the confusion in the crowd. 225. 224. vs. (U. this crime is not committed. 1. This is the distinction between neglect that is properly dealt with administratively. 1. and neglect that gives rise to the crime of infidelity in the custody of prisoners through negligence. 158). Evasion through negligence. 5. and (c) He connives with or consent to the escape of such prisoner. said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification. 459). 4. Leniency or laxity in the performance of duties is not necessarily infidelity. shall suffer the penalty next lower in degree than that prescribed for the public officer. escaped. Elements: (a) The offender is public officer. Evangelista. (People vs.S. who shall commit any of the offenses mentioned in the two preceding articles. (b) He has under his custody or a charge a prisoner serving sentence by final judgment or a detention prisoner. There must have been definite laxity amounting to deliberate non-performance of duty. Not every mistake is negligence under this article. allowed a prison confined in the municipal jail to buy cigarettes near the place where he was held n custody. does not constitute infidelity. 94 . (People vs. Reyes. — Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided. 29 Phil. (c) The escape occurs through his negligence. Art. Allowing a prisoner during his period of confinement to eat in a restaurant not far from the municipal building. (b) He is charged with the conveyance or custody of the escaping prisoner. Mere leniency or laxity in the performance of duties. When the accused.held as a detention prisoner for any crime or violation of law or municipal ordinance. but not constitute infidelity. infidelity was not committed as there was no connivance between the policeman and the prisoner in his escape. 3 Court of Appeals Reports 198). [CA] 38 O.

(People vs. shall suffer the penalties of prision correccional in its minimum and medium periods. 226. In either case. Elements: (a) Offender is public officer. Penal Code of 1870. (c) Such papers or property have been sealed by authority. Lineses.000 pesos. People vs. the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed. Vol. — Any public officer who shall remove.G. IV. destroys. 1. 95 . p. 1788). temporary special disqualification and a fine not exceeding 2. Bernadas [CA] 71 O. — Any public officer charged with the custody of papers or property sealed by proper authority. [CA] 40 O. Supp. 141. or conceals documents or papers. 2. Removal. “destruction” is equivalent to rendering useless or the obliteration of said documents. the complete destruction thereof is not necessary. [CA] 40 O. Elements: (a) Offender is a public officer. whenever the damage to a third party or to the public interest shall not have been serious. 4773. No. (b) He has custody of papers or property. The penalty of prision mayor and a fine not exceeding 1. Officer breaking seal.000 pesos. whenever serious damage shall have been caused thereby to a third party or to the public interest.G. Section Two. citing Groizard. 14. shall suffer: 1. (b) He abstracts. “concealment” means that the documents are not forwarded to their destination and it is not necessary that they are secreted away in a place where they could not be found. 227. Paloma. People vs. destroy or conceal documents or papers officially entrusted to him. who shall break the seals or permit them to be broken. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1.000 pesos. concealment or destruction of documents. The penalty is one degree lower than that imposed on public officers. and (d) Offender breaks the seals or permits them to be broken without any authority. (c) Such documents or papers were entrusted to him by reason of his office. 2087.G. 1. 2. and (d) Damage to a third party or to the public. “Removal” presupposes appropriation of the official documents.The elements of this felony are similar to those specified in Article 223 an 224 except that the offender is a private person to whom the conveyance or custody of a prisoner or person arrested shall have been confided. Art. — Infidelity in the custody of document Art.

— Revelation of secrets Art. the penalties of prision correccional in its minimum period. 1. a municipal treasurer who received from a P. 1900). 3. 370. Art. otherwise. So. Sup. Ct. documents or objects.C. — Any public officer not included in the provisions of the next preceding article who. without proper authority. took out the contents and later returned the same. Section Three. this crime and theft are committed. 229. the public officer abstract its contents. The crime may be committed through negligence. 227. temporary special disqualification and a fine of not exceeding 2. p. 2. (c) He is entrusted with the custody of closed papers. 96 . Revelation of secrets by an officer. or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published. and (d) He opens or permits the same to be opened without proper authority. If the closed document is sealed and in opening in the seal is broken. shall suffer the penalties of prision correccional in its medium and maximum periods. The closed documents that was opened must be entrusted to the public officer by reason of his office. Damage is not an element. the act is punished under Art. Opening of closed documents. perpetual special disqualification and a fine not exceeding 2.2. II.000 pesos. Dec. — Any public officer who shall reveal any secret known to him by reason of his official capacity. March 7. shall suffer the penalties or arresto mayor. shall open or shall permit to be opened any closed papers. documents or objects entrusted to his custody. cannot be held liable under this article since he did not actually become the custodian of the three envelopes turned over to him. sergeant upon request the election returns enclosed in an envelope addressed to the Provincial Treasurer and then opened the envelope. Elements: (a) Offender is a public officer. (b) He knows of a secret by reason of his office or he has in his charge papers or copies of papers which should not be punished. and (c) He reveals said secret without authority or wrongfully delivers said papers. If in the opening of the closed document. Elements: (a) Offender is a public office.000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest. temporary special disqualification and a fine not exceeding 50 pesos shall be imposed. 4. (b) He is not included in the provisions of Art. (Cuello Calon.. 229. of Spain. 228. 1.

2. and (c) Offender openly refuses to execute such judgment. temporary special disqualification in its maximum period and a fine not exceeding 1. (Groizard IV. p. 2. Elements: (a) Offender is any judicial or executive officer. Art. 4. shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period. They refer to secrets relative to the administration of the government. Chapter Six OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Art. decision or order. decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities. 4. (Groizard IV. II.000 pesos. Open disobedience. Elements: (a) Offender is public officer. Theses secrets do not include military secrets or those which affect the security of the State as the latter may constitute espionage. 1. Damage is not an essential element although a higher penalty is imposed where the act has caused serious damage to public interest. (b) by reason of his office he came to know of the secrets of a private person. 374). They refer to secrets relative to the administration of the government. the revelation of which may prejudice public interest. (b) There is a judgment. p. 1. 230. 97 . 192). — Any judicial or executive officer who shall openly refuse to execute the judgment. 192). (Cuello Calon. 231. and (c) He reveals such secrets without or wrongfully delivers said papers. — Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets. (Cuello Calon. The secrets referred to in this article are those which have an official or public character. The secrets referred to in this article are those which have an official or public character. p. 374). Damage is not an essential element although a higher penalty is imposed where the act has caused serious damage to public interest. II p. shall suffer the penalties of arresto mayor and a fine not exceeding 1. These secrets do not include military secrets or those which affect the security of the State as the latter may constitute espionage. 3. Public officer revealing secrets of private individual. the revelation of which may prejudice public interest. 3.000 pesos. decision or order of a superior authority made within the scope of the jurisdiction of the latter and issued with all legal formalities.

1944). Disobedience to order of superior officers. II. shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification. — Any public officer who. — The penalties of arresto mayor in its medium period to prision correccional in its minimum period. The refusal must be clear. The refusal must be intentional and must not be confused with omission arising from oversight. arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed. (b) He fails to lend his cooperation towards the adminstrati0on of justice or other public service. If the suspension is disapproved by the superior officer. march 12. and the subordinate still persists in his obedience. Nov. perpetual special disqualification and a fine not exceeding 1. and (d) Offender still disobeys his superior. upon demand from competent authority. 378). having for any reason suspended the execution of the orders of his superiors. II. (Cuello Calon. Sup. mistake or erroneous interpretation of the order. The disobedience must be open and repeated. (c) The superior has disapproved the said suspension. April 25. (Dec. p.” (Decision of the Supreme Court of Spain. 379). “ “frankly” or “decisively. Art. and (c) Said failure or refusal was made upon demand of competent authority. and decisive or a repeated and obstinate disobedience in the fulfillment of an order. 98 . if such failure shall result in serious damage to the public interest. shall disobey such superiors after the latter have disapproved the suspension. 1882) Art. he has suspended the execution of an order of his superior. 2. of Spain. 1. otherwise.000 pesos. (Dec. when said order was suspended by inferior officer. Ct. (b) For a reason. Sup. 7. Elements: (a) Offender is a public officer. or to a third party. 1. 232. 3. (Cuello Calon. it is necessary that the superior reiterates compliance of the order disobeyed before the act punished in this article can be committed.2. Ct. What is punished by the law is insubordination or the act of defying the authority which is detrimental to public interest. 3. 233. shall fail to lend his cooperation towards the administration of justice or other public service. Refusal of assistance. p. The order of the superior must be legal or issued within his authority. “Openly” according to its grammatical meaning means ”without reservation. shall be imposed upon a public officer who. 1913). manifest. Elements: (a) Offender is a public officer. of Spain.

99 . however. 1938).G. Refusal of a government employee to obey the subpoena of the fiscal to appear in the preliminary investigation of his superior charged with falsification is also punished under the article. Serious damage to public interest or a third person merely aggravates the imposition of the penalty. A mayor who refuses to give the due cooperation in the execution of the distraint of property for the collection of taxes is liable under this article. by the imposition of punishment not authorized by the regulations.2. (People vs. No. 234. and (c) He overdoes himself in the correction or handling of such prisoner by: (1) the imposition of punishment not authorized by regulation. (Dec. 1924). of Spain. (People vs. must be positively malicious. not one which is so by legal fiction. Sept. Damage is not an element. p. temporary special disqualification and a fine not exceeding 500 pesos. The refusal.000 pesos. having been elected by popular election to a public office. the offender shall be punished by prision correccional in its minimum period.. II. or by inflicting such punishment in a cruel and humiliating manner. The accused public officer should be under obligation by reason of his office to render the required assistance to the administration of justice or any public service.R. (Cuello Calon. Vallena. in addition to his liability for the physical injuries or damage caused. Refusal to discharge elective office. If the purpose of the maltreatment is to extort a confession. [CA] G. in addition to his liability for the physical injuries or damage caused. Elements: (a) Offender is a public officer or employee. 1990. Sup. 235. Javier. shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge. Elements: (a) Offender was elected by popular election to a public officer and (b) He refuses without legal motive to be sworn in or to discharge the duties and office. 3. 30. Ct. (b) He has under his charge a prisoner or detention prisoner. or to obtain some information from the prisoner. march 24. shall be imposed upon any person who. or both. 380). 1. 6622). Art. Maltreatment of prisoners. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period. or (2) inflicting such punishment in a cruel and humiliating manner. “Under his charge” means actual charge. 1. [CA] 54 O. — The penalty of arresto mayor or a fine not exceeding 1. shall refuse without legal motive to be sworn in or to discharge the duties of said office. Art.

shall suffer the penalties of prision correccional in its minimum period. before the acceptance of his resignation. Abandonment of office or position. Prolonging performance of duties and powers. 236. beyond the period provided by law. special temporary disqualification in its minimum period and a fine not exceeding 500 pesos. employment or commission. If such office shall have been abandoned in order to evade the discharge of the duties of preventing. Offender is suspended from office until he shall have complied with respective formalities. 100 . shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos. Elements: (a) Offender by appointment or election in entitled to hold a public office. regulation or special provisions applicable to the case. prosecuting or punishing any of the crime falling within Title One. 1. shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor. If the purpose of the maltreatment is to extort a confession or to obtain some information from the prisoner the felony becomes qualified. employment or commission. Section Two. (b) He continues to exercise the duties and powers of his office. (b) The law requires before assuming performance of the duties of said office that offender should be first give a bond. Art. and (c) That offender assumes performance of said duties without first being sworn to or without first giving a bond. 237. Art. regulations or special provisions applicable to the case. prosecuting or punishing any other crime. Elements: (a) Offender is public officer. prolongation and abandonment of the duties and powers of public office. Anticipation of duties of a public office.2. Art. 238. — Anticipation. beyond the period provided by law. and Chapter One of Title Three of Book Two of this Code. 1. and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing. — Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law. Penalty is a fine from P200 to P500 pesos. — Any public officer who. — Any public officer shall continue to exercise the duties and powers of his office. 2. the offender shall be punished by prision correccional in its minimum and medium periods.

239. and (d) He continues such proceeding before the question of jurisdiction has been decided. (b) He has tendered his resignation from his position. 242. either by making general rules or regulations beyond the scope of his authority. 241. — Any public officer who. Usurpation of judicial functions. Elements: (a) Offender is a public officer.000 pesos. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction. 101 . Elements: (a) Offender is in officer of the executive branch of the government. Art. 240. shall continue any proceeding after having been lawfully required to refrain from so doing. Usurpation of executive functions. and (b) He assumes judicial powers or obstructs the execution of any order or decision rendered by a judge within his jurisdiction. Section Three. Disobeying request for disqualification. Art. — Usurpation of powers and unlawful appointments Art. shall be punished by arresto mayor and a fine not exceeding 500 pesos. Usurpation of legislative powers. Art. Elements: (a) Offender is any public officer. (c) He has been lawfully required to refrain from taking cognizance of such proceeding. and (b)He assumes any power pertaining to the executive authorities or obstructs the latter in the lawful exercise of their powers. shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government. temporary special disqualification and a fine not exceeding 1.1. — The penalties of prision correccional in its minimum period. (c) His resignation has not yet been accepted. and (d) He abandons his office to the detriment of public service. — Any judge who shall assume any power pertaining to the executive authorities. (b) He encroaches upon the powers of the legislative branch of the government. shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. Elements: (a) Offender is a judge. or by attempting to repeal a law or suspending the execution thereof. and (c) Such usurpation consists in making general rules or regulations beyond the scope of his authority by attempting to repeal a law or suspending the execution thereof. before the question of jurisdiction is decided. (b) There is a proceeding pending before him. or shall obstruct the latter in the lawful exercise of their powers. Elements: (a) Offender is a public officer.

Art. Abuses against chastity. he is required to submit a report to or consult with a superior. Section Four. (c) Such person lacks the legal qualifications for the office. and (c) He solicits or makes an indecent or immoral advances upon said woman. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision. If the person solicited be the wife. and (d) He has knowledge of the lack of qualification of said person. shall suffer the penalty of arresto mayor and a fine not exceeding 1. 1.Art. Orders or requests by executive officers to any judicial authority. Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. 1: (a) Offender is a public officer. 245. — The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: 1. the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. Unlawful appointments. 243. Penalties. (b) There is pending before him a matter in which a woman is interested or with respect thereto. — Abuses against chastity Art. Elements of Par. Elements: (a) Offender is a public officer. (b) He nominates or appoints a person to a public office. (c) Such refers to any case or business coming within the exclusive jurisdiction of the court. 244. sister of relative within the same degree by affinity of any person in the custody of such warden or officer. daughter. — Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos. or with respect to which he is required to submit a report to or consult with a superior officer. 102 . 2. — Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor.000 pesos. (b) He addresses any order or suggestion to any judicial authority. Elements: (a) Offender is an executive officer.

whether legitimate or illegitimate. These rules shall be applicable. or shall inflict upon them any serious physical injury. Death or physical injuries inflicted under exceptional circumstances. (b) He surprises his spouse in the act of committing sexual intercourse with another person. and (d) He does so during the act of sexual intercourse or immediate thereafter. homicide Art. or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. Art. or descendants. Parricide. and (c) Deceased is the father. he shall be exempt from punishment. 247. and (b) He solicits or makes immoral or indecent advances to a woman under his custody. Elements: (a) The offender is any legally married person. Title Eight CRIMES AGAINST PERSONS Chapter One DESTRUCTION OF LIFE Section One. mother or child. to parents with respect to their daughters under eighteen years of age. whether legitimate or illegitimate. murder. mother. — Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person. 2: (a) Offender is a warden or any other public officer charged with the custody of prisoners or person under arrest. If he shall inflict upon them physical injuries of any other kind. or legitimate spouse of the accused. (b) Deceased is killed by the accused. and their seducer. (c) He kills or serious physical injuries are inflicted on any of them or both of them. shall kill any of them or both of them in the act or immediately thereafter. 246. while the daughters are living with their parents. Any person who shall promote or facilitate the prostitution of his wife or daughter. shall suffer the penalty of destierro. shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. or his spouse. Elements: (a) person is killed. — Parricide. under the same circumstances. or child.2. — Any person who shall kill his father. 103 . or a legitimate ascendant or descendant. or any of his ascendants. Elements of Par.

explosion. by means of motor vehicles. eruption of a volcano. 2. epidemic or other public calamity. Murder. by deliberately and inhumanly augmenting the suffering of the victim. Art. Treachery. if committed with any of the following attendant circumstances: 1. 2. Any of the following qualifying circumstances is present: a. by means involving great waste and ruin. employing means to weaken the defense or means or persons to insure or afford impunity. b. derailment or assault upon a street car or locomotive. 104 . 4. shipwreck. taking advantage of superior strength. shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death. With cruelty. 248. With evident premeditation. taking advantage of superior strength. reward. stranding of a vessel. or promise. 1. with the aid of armed men. Inundation. c. while the daughters are living with their parents. or outraging or scoffing at his person or corpse. or with the use of any other means involving great waste and ruin. The accused does not fall under the provisions of the law punishing parricide. In consideration of a price. fire poison. fire. 3. With treachery. stranding of a vessel. By means of inundation.The benefits of this article apply also to parents with respect to their daughters under 18 years of age and their seducers. — Any person who. fall of an airship. poison. destructive cyclone. reward or promises. 5. fall of an airship. In consideration of price. 6. or of an earthquake. explosion. shipwreck. derailment or assault upon a street car or locomotive. or employing means to weaken the defense or of means or persons to insure or afford impunity. On occasion of any of the calamities enumerated in the preceding paragraph. not falling within the provisions of Article 246 shall kill another. aid of armed men.

eruption of volcano. and in the course of the affray someone is killed. or outraging or scoffing at his person or corpse. e. defined and penalized in the preceding articles. Cruelty. destructive cyclone. regarding an attempt to commit parricide. Similarly. the penalty of prision correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim. a penalty lower by one degree than that which should be imposed under the provision of Article 50. murder or homicide. while several persons. murder or homicide. (b) That the act of the offender was the cause thereof. Art. shall kill another without the attendance of any of the circumstances enumerated in the next preceding article. not falling within the provisions of Article 246. 250. The courts. Art. but the person or persons who inflicted serious physical injuries can be identified. considering the facts of the case. Death caused in a tumultuous affray. epidemic. in view of the facts of the case. 105 . or any other public calamity. Art. or an earthquake. 1. 51. On occasion of any of the calamities enumerated in the preceding paragraph. and (c) That the killing was not justified under the law. and it cannot be ascertained who actually killed the deceased.d. 2. The courts may impose a penalty one degree lower than that provided in Art. taking in view of the facts of the case. Penalty for frustrated parricide. 251. may impose upon the person guilty of the frustrated crime of parricide. Evident premeditation. murder or homicide. 50. quarrel and assault each other in a confused and tumultuous manner. not composing groups organized for the common purpose of assaulting and attacking each other reciprocally. — When. may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes. such person or persons shall be punished by prision mayor. Elements: (a) That a person has been killed. — The courts. shall be deemed guilty of homicide and be punished by reclusion temporal. and f. 249. the courts may impose a penalty one degree lower than that imposed in Art. — Any person who. If it cannot be determined who inflicted the serious physical injuries on the deceased. Homicide. by deliberately and inhumanly augmenting the suffering of the victim.

The crime is frustrated if the offender gives the assistance by doing the killing himself as firing upon the head of the victim but who did not die due to medical assistance. all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days. Court of Spain. — When in a tumultuous affray as referred to in the preceding article. 4. suggestions regarding the mode of committing suicide. those who used violence upon the person on the offended party shall be held liable. (c) the person who inflicted the serious physical injuries is not known. because of a suicide pact. the penalty is similar to that of homicide. only serious or less serious physical injuries are inflicted upon a participant. his sweetheart. If the person does the killing himself. 1. If in the course of the tumultuous affray. which is. Dec. Giving assistance to suicide. (b) That the actual killer is not known. Art. (b) serious physical injuries are inflicted. 2. all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted. 16. Discharge of firearms. Art. Giving assistance to suicide means giving means (arms. (Dec. poison. However. Sup. the penalty of arresto mayor in its medium and maximum periods.Elements: (a) That a person was killed in a tumultuous affray. 3. reclusion perpetua. etc. When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified. if the suicide is not consummated. 1. he shall suffer the penalty of reclusion temporal. The accused is liable if he kills the victim..) or whatever manner of positive and direct cooperation (intellectual and. Art. 1895). and (d) the person who used violence is known. and (c) That the person or persons who inflicted the serious physical injuries or who used violence are known. etc. — Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and 106 . 254. if such person leads his assistance to another to the extent of doing the killing himself. shall be imposed. — Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor. 253. Physical injuries inflicted in a tumultuous affray. The person attempting to commit suicide is not liable if he survives.). The elements are: (a) there is a tumultuous affray. only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified. 252.

— The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. The penalty of reclusion temporal. unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide. Unintentional abortion. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor. Art. 3. 255. 107 . if the woman shall have consented. homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code. without her consent. 2. The penalty of prision mayor if. The penalty of prision correccional in its medium and maximum periods. and (b) he had no intent to kill. 1. she shall suffer the penalty of prision correccional in its medium and maximum periods. he shall act without the consent of the woman. 257. but unintentionally. Elements: (a) the accused shot at another with a firearm. or (c) with her consent. 1. without using violence. Art. Section Two. the penalty corresponding to that of murder. — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence. and if said crime be committed for the same purpose by the maternal grandparents or either of them. — Any person who shall intentionally cause an abortion shall suffer: 1. Ways of committing intentional abortion: (a) Using violence upon the person of the pregnant woman. Infanticide. the penalty shall be prision mayor.medium periods. — Infanticide and abortion. Art. (b) by administering drugs and beverages upon the pregnant woman. 256. The child is less than 72 hours old. Intentional abortion. murder. if he shall use any violence upon the person of the pregnant woman. The penalty will correspond to that of parricide if the accused is related to the child within the degree of relationship defined in parricide and if the offender is a t\stranger.

however. Art. Any pharmacist who. shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Abortion practiced by the woman herself of by her parents. shall cause an abortion or assist in causing the same. Acts Punished: (a) Causing an abortion or assisting in causing the same by a physician or midwife by taking advantage of their scientific knowledge or skill. and (b) Dispensing of an abortive by a pharmacist without the proper prescription fro a physician. — The penalties provided in Article 256 shall be imposed in its maximum period. 1. The penalty is lowered if the purpose of the woman is to conceal her dishonor. respectively. the offenders shall suffer the penalty of prision correccional in its medium and maximum periods. 108 . and they act with the consent of said for the purpose of concealing her dishonor the offender shall suffer the penalty of prision correcccional in its maximum periods. that is prision correcccional in its medium and maximum period. 1. the penalty is the same as that imposed upon the woman who practiced the abortion upon herself. The pregnant woman either practices the abortion upon herself or consent that another person should do so. shall suffer the penalty of prision correccional in its minimum and medium periods. If this crime be committed by the parents of the pregnant woman or either of them. If this crime be committed by the parents of the pregnant woman or either of them. taking advantage of their scientific knowledge or skill. But if those who performed the abortion are the parents of the pregnant woman. 258. upon any physician or midwife who. Abortion practiced by a physician or midwife and dispensing of abortives. and (b) which causes the offended party to abort without. Any woman who shall commit this offense to conceal her dishonor. Art.000 pesos. The penalty is prision correcccional in its medium and maximum period. intending it. without the proper prescription from a physician.Elements: (a) Violence is employed upon a pregnant woman. 2. 259. consented for the purpose of concealing her dishonor. and they act with the consent of said woman for the purpose of concealing her dishonor.

1. or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. p. — Duel Art. is punishable even with the consent of the woman or her husband. The seconds are punished as accomplices. 2. The seconds shall in all events be punished as accomplices. The participants who shall kill the adversary is punished with reclusion temporal and if he merely inflicts physical injuries upon the latter. [1961] 2 SCRA 801). (Feria & Gregorio. 7 Phil. But abortion without medical necessity to warrant it. who fix such conditions”.2. 1. 191). or incite another to give or accept a challenge to a duel. A duel may be defined as a formal or regular combat previously consented between two parties in the presence of two or more seconds of lawful age on each side. although no physical injuries have been inflicted. according to their nature. (Geluz vs. (b) Inciting another to give or accept a challenge to a duel. Navarro. 3. If he shall inflict upon the latter physical injuries only. Responsibility of participants in a duel. If the abortion is produced by a physician to save the life of the mother. 260. II. Challenging to a duel. and (c) Scoffing at or decrying another publicly for having refused top accept a challenge to fight a duel. the combatants shall suffer the penalty of arresto mayor. he shall suffer the penalty provided therefor. vs. If no physical injuries are inflicted. — The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel. This is n\known as therapeutic abortion. Section Three. Art. Acts Punished: (a) Challenging another to a duel. he shall suffer the penalty thereof according to their nature. (U. A mere fight as a result of a agreement is not necessarily a duel because a duel “implies an agreement to fight under determined conditions and with the participation and intervention of seconds. 261. there is no liability. who make the selection of arms and fix all the other conditions of the fight to settle some antecedent. In any other case. the combatants are punished arresto mayor. Court of Appeals. p. (Viada. 315). 109 .S. 714). — The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another.

Chapter Two PHYSICAL INJURIES Art. 7 Phil. 4. Mutilation. the person injured shall have lost the use of speech or the power to hear or to smell. 2. vs. or (b) of any other organ. or shall have become incapacitated for the work in which he was therefor habitually engaged. or shall have lost the use thereof. either totally or partially. 263. or a leg or shall have lost the use of any such member. or assault another. 262. Bogel. a foot. a hand. Essential element is that the mutilation must be intentional.S. beat. or some essential organ of reproduction. Serious physical injuries. the person injured shall have become deformed. if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. The penalty of prision correccional in its medium and maximum periods. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods. Mutilation is the loping or clipping off of some part of the body. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period. 3. 1. 2. an arm. — Any person who shall wound. the injured person shall become insane. if in consequence of the physical injuries inflicted. shall be guilty of the crime of serious physical injuries and shall suffer: 1. The penalty of prision correccional in its minimum and medium periods. The penalty of prision mayor. (U. 285). or blind. or shall have lost any other part of his body. 3. 110 . if in consequence of the physical injuries inflicted. impotent. Mutilation is of two kinds: (a) of a reproductive organ which is called castration. imbecile. or shall have lost an eye. if in consequence of the physical injuries inflicted. or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days. Art.

or with attendance of any of the circumstances mentioned in Article 248. but which shall incapacitate the offended party for labor for ten days or more. 265. This felony may be committed through negligence. by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. 1. Art. the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period. and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods. or shall require medical assistance for the same period. shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. without intent to kill. — Any person who shall inflict upon another physical injuries not described in the preceding articles. (b) assaulting. 2. This is committed also by taking advantage of the weakness of mind or credulity of the offended party. who suffers serious physical injuries as a result. To “administer” an injurious substance or beverage within the meaning of Art. the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods. (d) administering noxious substances. means to direct or cause said substance or beverage to be taken orally by the injured person. There must be no intent to kill. There must be an intent to injure and the offender is always liable for the direct and logical consequence thereof even though not intended. the case covered by subdivision number 3 by prision correccional in its medium and maximum periods. Less serious physical injuries. otherwise frustrated murder will be committed. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. 2. 3. Administering injurious substances or beverages. The law does not include less serious or slight physical injuries. Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person. — The penalties established by the next preceding article shall be applicable in the respective case to any person who. Art. (c) wounding. 264. 1. Ways of committing serious physical injuries: By (a) beating. 264.If the offense shall have been committed against any of the persons enumerated in Article 246. physical injury. shall inflict upon another any serious. or under circumstances adding 111 .

2. Any less serious physical injuries inflicted upon the offender's parents. 2. provided that. in the case of persons in authority. If the kidnapping or detention shall have lasted more than five days. teachers. or shall require medical attendance during the same period. 266. or (b) shall require medical attendance for the same period. 1. or in any other manner deprive him of his liberty. ascendants. the offended party is (a) incapacitated fro labor for 10 days to 30 days. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury. shall suffer the penalty of reclusion perpetua to death: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days. Art. Title Nine CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Chapter One CRIMES AGAINST LIBERTY Art. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. and (c) the offender ill-treats another by deed without causing an injury.ignominy to the offense in addition to the penalty of arresto mayor. Cases of slight physical injuries and maltreatment: (a) Offended party is incapacitated for labor from 1 to 9 days or medical attendance for the same period is required. 112 . These physical injuries are not covered in Article 263 and 264. Slight physical injuries and maltreatment. shall be punished by prision correccional in its minimum and medium periods. 3. — The crime of slight physical injuries shall be punished: 1. As a consequence. or persons of rank. or persons in authority. a fine not exceeding 500 pesos shall be imposed. 267. curators. Kidnapping and serious illegal detention. the deed does not constitute the crime of assault upon such person. guardians. (b) offended party is not prevented from engaging in his habitual work nor did it require medical attendance. — Any private individual who shall kidnap or detain another. 1.

even if none of the circumstances above-mentioned were present in the commission of the offense. (c) If serious injuries shall have been inflicted on the victim or if threats to kill shall have been made. 113 . and before the institution of criminal proceedings against him. Art. 267 is not present. The penalty corresponding to that of the principal is imposed upon a accomplice who cooperates by furnishing the place for the perpetration of the crime. and (c) that the detention be unlawful. If it shall have been committed simulating public authority. Slight illegal detention. 4. and (d) If the victim is minor. If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention.2. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person. (b) that the offender be a private individual. If the person kidnapped or detained shall be a minor. (People vs. 501). The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. 1. — The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein. a female or a public officer. the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos. 2. female or a public officer. 1. without having attained the purpose intended. Mercado 131 SCRA. Elements: (a) That a person has been deprived of his liberty. 268. or if threats to kill him shall have been made. This felony is committed if any of the four circumstances in the commission of kidnapping or detention enumerated in Art. 3. 2. The circumstances that make illegal detention serious are: (a) If the kidnapping or detention shall have lasted more than 5 days: this has been committed by simulating public authority.

267. 3. shall arrest or detain another for the purpose of delivering him to the proper authorities. 125 will apply. Elements: (a) The offender is entrusted with the custody of a minor. The period of 3 days must be computed by days of 24 hours and from the moment of the deprivation of liberty until it ceases. — The penalty of reclusion perpetua shall be imposed upon any person who. — The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed 114 . and (b) he deliberately fails to restore the minor to his parents or guardian. (Cuello Calon. This felony consists in making an arrest or detention without legal or reasonable ground fro the purpose of delivering the offended party to the proper authorities. being entrusted with the custody of a minor person. 267-268). 3. II p. the crime is arbitrary detention. (Arts. 2. however. Malasugui. Unlawful arrest. or without reasonable ground therefor. (Art. If the offender is a public officer. 4. (People vs. the private individual making the arrest incurs criminal liability for illegal detention. 271. must be deliberate and persistent to oblige the parents or the guardian to seek the aid of the courts to obtain the custody of the minor. This felony may also be committed by public officers. Art. 270.3. The refusal. 1. The penalty is lowered if (a) the offended party is voluntarily released within 3 days. the kidnapping of the minor will fall under Art. and (c) before the institution of the criminal action. Art. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who. If the person arrested is not delivered to the authorities. in any case other than those authorized by law. 269. — Kidnapping of minors Art. (b) without attaining the purpose. 691). If any of the foregoing elements is absent. 63 Phil. If the detention arrest is for a legal ground. 221). Section Two. but the public officer delays delivery of the person arrested to the proper judicial authorities. 2. 124). Art. Inducing a minor to abandon his home. Kidnapping and failure to return a minor. shall deliberately fail to restore the latter to his parents or guardians. 1.

coercion is committed. sell. kidnap or detain a human being for the purpose of enslaving him. Elements: (a) The offender retains in his service a minor against his will. Services rendered under compulsion in payment of debt. against the latter's will. 115 . or detain a human being for the purpose of enslaving him.000 pesos shall be imposed upon anyone who shall purchase. 274. 273. under the pretext of reimbursing himself of a debt incurred by an ascendant. against his will. or both. If that is not the purpose of the offender. as household servant or farm laborer. 272. kidnap. 2. 3. Exploitation of child labor. 2. Art. coercion is committed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who. the penalty shall be arresto mayor or a fine not exceeding three hundred pesos. shall. — The penalty of prision mayor and a fine of not exceeding 10. retain him in his service. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who. and (b) offender does so under the pretext of reimbursing himself of a debt incurred by the ascendant or guardian of said minor or by the person entrusted with his custody. Art. Slavery.upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. Art. This is committed by anyone who shall purchase. 1. If the crime be committed for the purpose of assigning the offended party to some immoral traffic. The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic. the penalty shall be imposed in its maximum period. If that is not the purpose of the offender. If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor. in order to require or enforce the payment of a debt. 1. guardian or person entrusted with the custody of a minor. shall compel the debtor to work for him. This felony is committed by anyone who shall induce a minor to abandon the house of his parents or guardians or the person entrusted with his custody.

(b) The failure to succor or render assistance to one’s own victim. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying. as a household servant or farm laborer. coercion is committed.1. 2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured. Art. unless such omission shall constitute a more serious offense. the offender is liable only when he can render such assistance without detriment to himself. Acts Punished: (a) The failure to render assistance to any person found wounded or dying in an uninhabited place. or shall fail to take him to a safe place. when he can render such assistance without detriment to himself. against his will. The second act will not apply if the inquiry is inflicted by the offender intentionally. 275. — The penalty of arresto mayor shall be imposed upon: 1. 2. and (c) Having found an abandoned child under 7 years of age. Anyone who. Abandonment of person in danger and abandonment of one's own victim. shall fail to deliver said child to the authorities or to his family. 3. 1. (b) he compels the offended party to work for him. and (c) the purpose of the offender is not to require or to enforce the payment of a debt. 3. or to take him to a safe place. — Abandonment of helpless persons and exploitation of minors. the failure to deliver said child to the authorities or to his family. Chapter Two CRIMES AGAINST SECURITY Section One. 2. If there is no relationship of creditor and debtor between the offender and the offended party. having found an abandoned child under seven years of age. Under the act. Elements: (a) The offender is a creditor of the offended party. unless such omission shall constitute a more serious offense. 116 .

The penalty is aggravated if by reason of such abandonment the life of the minor shall have been in danger. the penalty shall be prision correccional in its minimum and medium periods. The penalty is still higher when the death of the minor resulted from such abandonment. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon: 117 . and (b) Neglect by the parents of their station in life requires and financial condition permits. without the consent of the one who entrusted such child to his care or in the absence of the latter. The failure of the parents to give their children the proper education must be deliberate. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who. This is committed by anyone who shall abandon a child under seven years of age. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age. the custody of which is incumbent upon him. but if the life of the minor shall have been in danger only. the custody of whom is incumbent upon him. The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed. Exploitation of minors. the consent of the proper authorities. When the death of the minor shall result from such abandonment. 277. Acts Punished: (a) Delivery by the person having charge of the rearing or education of a minor to a public institution or other persons.Art. 3. Art. Abandonment of minor by person entrusted with his custody. 278. having charge of the rearing or education of a minor. 2. 2. The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit. without the consent of the proper authorities. the culprit shall be punished by prision correccional in its medium and maximum periods. when the same shall constitute a more serious offense. 1. indifference of parents. 276. shall deliver said minor to a public institution or other persons. 1. without the consent of the one who entrusted such child to his care or in his absence. Abandoning a minor. Art.

(b) Employment by a person who is an act acrobat. of children 16 years old who are not his children.1. or to any habitual vagrant or beggar. and (e) Inducement by any persons of any child under 16 years old to abandon the house of his parents or guardian to follow any person engaged in any of the callings mentioned in par. rope-walker. gymnast. 1. temporarily or perpetually. or to accompany any habitual vagrant or beggar. or contortion. physical strength or contortion. 4. or person entrusted with the care of any child under 16 years old gratuitously to any of the persons mentioned in par. In either case. and the penalty is imposed in its maximum period if said delivery was made in consideration of a price. 5. If the delivery shall have been made in consideration of any price. (c) Employment by such persons of any descendants of his under 12 years old in such dangerous exhibitions. of their parental authority. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants. diver. wild-animal tamer or circus manager or engaged in a similar calling. the guardian or curator convicted shall also be removed from office as guardian or curator. or promise. they may be deprived. (a) and (b) or to any habitual vagrant or beggar. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions. gymnast. compensation or promise and in either the case the guardian or curator is removed from his office while the parents are deprived of their parental authority. temporarily or perpetually. in the discretion of the court. or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof. (b) or to accompany any habitual vagrant or beggar. who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof. physical strength. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing. in the discretion of the court. and in the case of the parents of the child. Acts Punished: (a) Causing any minor under 16 years old to perform any dangerous feat of balancing. 3. Any person who. wild animal tamer or circus manager or engages in similar calling. guardian. teacher. guardians. 118 . guardian. Any ascendant. curators. shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants. teacher or person entrusted in any capacity with the care of a child under sixteen years of age. the penalty shall in every case be imposed in its maximum period. compensation. (d) Delivery by any ascendant. being an acrobat. rope-walker. 2.

Art. 279. nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice. 2. and (c) Such entrance was effected against the latter’s will. directly or indirectly. 2. 59 committed by parents and guardians are punished with imprisonments form 2 to 6 moths or a fine not exceeding P500 or both. the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1.000 pesos.G. Decree 603 punishes the parent who improperly exploits the child by using him. Elements: (a) Offender is a private person. while the same are open. the occupants of the dwelling or a third person. It is necessary that it be the permanent dwelling of a person. Qualified trespass to dwelling. 1856). Dwelling is the place that a person inhabits. unless a higher penalty is provided in the Revised Penal Code. shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code. 59. (b) He entered the dwelling of another. (People vs. 280. — Trespass to dwelling Art. Section Two. nor to anyone who shall enter cafes. If the offense be committed by means of violence or intimidation. [CA] 47 O. inn and other public houses. the room in a hotel may be considered s dwelling 119 . such as for purposes of begging and other acts which are inimical to his interest and welfare. taverns.000 pesos. Additional penalties for other offenses. 7 of Pres. The imposition of the penalties provided in the provided in the preceding articles shall not prevent the imposition upon the same offender of the for any other felony punished by the Code. Art. The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself. 1. Decree 603 the acts mentioned in Art. 60 of Pres. — The imposition of the penalties prescribed in the preceding articles.2. Under Art. It includes the dependencies which may have interior communication with the house. — Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding 1. Mallari. 1. So.

When the wrong threatened to be inflicted amounts to a crime. the case falls under Art. The penalty of arresto mayor and a fine not exceeding 500 pesos. Section Three. (c) There is a manifest prohibition against entering such closed premises or fenced estate. Grave threats. — Threats and coercion Art. 282. — The penalty of arresto menor or a fine not exceeding 200 pesos. 1227 regarding unlawful entry into any military base in the Philippines. Other forms of trespass. — Any person who shall threaten another with the infliction upon the person. shall suffer: 1. the penalty shall be imposed in its maximum period. 2. and is punished as grave threats. 1. even though not unlawful. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit. if the threat shall not have been made subject to a condition. the case falls under either Article 283 and is punished as light threats. If the threat be made in writing or through a middleman. honor or property or upon that of his family of some wrong which may or may not amount to a crime. and said offender shall have attained his purpose. honor or property of the latter or of his family of any wrong amounting to a crime. This also called “trespass to property. the penalty lower by two degrees shall be imposed. 1. Elements: (a) Offender shall enter the closed premises or fenced estate of another. and (d) Offender has no secured the permission of the owner or the caretaker thereof. Threat is a declaration of an intention or determination to injure another by the commission upon his person. shall be imposed upon any person who shall enter the closed premises or the fenced estate of another. while either or them are uninhabited. if it does not amount to a crime. 281. Decree No. or both. 2.Art. if the offender shall have made the threat demanding money or imposing any other condition. Related offense is that provided in Pres.” 3. (b) Such closed premises or fenced estate in uninhabited. If the offender shall not have attained his purpose. 120 . 282. if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

shall threaten another with a weapon or draw such weapon in a quarrel. shall be punished by arresto mayor. A person convicted of grave threats under Art. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon: 1. or if he shall fail to give such bail. 283 of the Revised Penal Code. Other light threats. Bond for good behavior. and who by subsequent acts show that he did not persist in the idea involved in his threat. This penalty is distinct from that provided in Art. Art. 282 or light threats under Art. Acts Punished: (a) Threatening another with a weapon or drawing such weapon during a quarrel. 3. in addition to the penalty prescribed by law. Where the accused obtained money from the complaint under a threat that the latter would be reported to the latter would be reported to the Bureau of Internal Revenue for tax evasion fro which she would she would be prosecuted and deported. it must be proved that the offender has made the threats demanding money or imposing any other condition. 2. Light threats. provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code. the person making the threats may also be required to give bail not to molest the person threatened. without being included in the provisions of the next preceding article. (b) Orally threatening 121 .” 2. 283 may. in the heat of anger. also be required to give bond “shall be required to cover such period of time as the court may determine. 1. the commission of which does not amount to a crime which is the crime of light threats. Blackmail is punished under this article if money is demanded under threats of exposure. — Any threat to commit a wrong not constituting a crime. Any person who shall orally threaten to do another any harm not constituting a felony. he shall be sentenced to destierro. Art.Art. 1. Any person who. 283. 2. except in lawful self-defense. 284. he shall be sentenced to destierro. Any person who. the crime committed is light threats as defined and penalized in Art. made in the manner expressed in subdivision 1 of the next preceding article. If the offended fails to furnish the bond. 1. unless it be in lawful self-defense. — In all cases falling within the two next preceding articles. In order to convict a person who threatens another with a wrong. shall orally threaten another with some harm not constituting a crime. 285. 35. even though not unlawful.

or in other words. 282. (b) That the prevention or compulsion be effected by violence. In the other light coercions or unjust vexation embraced in the second paragraph. 1.R. 122 .G. or compel him to do something against his will. the penalty next higher in degree shall be imposed. by means of violence. No. 1. whether it be right or wrong. Elements: That a person be prevented by another from doing something not prohibited by law. [CA] G. but in no case less than 75 pesos. No. shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt.another in the heat of anger with some harm constituting a crime and who by subsequent acts shows that he did not persist in the idea involved in the threat. Violence is not exclusive physical force but also includes moral pressure or intimidation. without authority of law. violence is absent. (People vs. Camat. 2222. [CA] G. 13777-R. Art. [CA] 434 O. If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing. provided the circumstances do not fall within the provision of Art. either by material force or such a display of force as would produce intimidation and control the will of the offended party. April 8. that the restraint shall not be made under authority of law or in the exercise of any right. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who. shall. 1955. 2. and (c) Orally threatening another with any harm not constituting a felony. — Any person who. Coral. Light coercions. The first paragraph deals with light coercion wherein violence is employed by the offender who is a creditor in seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt. prevent another from doing something not prohibited by law. 1965). by means of violence. 287. Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos.R. 22. 03747-CR. or both. Sept. Art. People vs. People vs. shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing. or compelled to do something against his will. and (c) That the person who restrained the will and liberty of another had no right to do so. 2. 286. be it right or wrong. Picunada. Grave coercions.

of any association or corporation who shall force or compel. for the purpose of organizing. maintaining or preventing coalitions of capital or labor. or officer or any association or corporation. maintenance and prohibition of combination of capital or labor through violence or threats. 2. 1. Acts Punished. directly or indirectly. shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work. agent. maintaining or preventing coalitions or capital or labor. 1. 123 . The act must not constitute a more serious offense punished by the Code. Chapter Three DISCOVERY AND REVELATION OF SECRETS Art. or when public safety and other reprieve otherwise. Art.Art. any employee employed by him to purchase merchandise or commodities of any kind. Making of communication and correspondence shall be inviolable except from lawful order of the court. strike. by means of tokens or objects other than the legal tender currency of the laborer or employee. or both. strike of laborers or lock-out of employees. 289. agent or officer. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover the secrets of another. Acts Punished: (a) Forcing or compelling by any person. to purchase merchandise or commodities of any kind. (Compulsory purchase of merchandise and payment of wages by means of tokens. directly or indirectly. Discovering secrets through seizure of correspondence. shall seize his papers or letters and reveal the contents thereof. Formation. Other similar coercions. 288.) — The penalty of arresto mayor or a fine ranging from 200 to 500 pesos. (a) Organizing.. or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled. and 9b) Paying of wages by means of token or objects other than the legal currency unless expressly requested by the employee or laborer. The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him. 290. — The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who. or lockout through violence or threats. if the act shall not constitute a more serious offense in accordance with the provisions of this Code. shall be imposed upon any person.

If the offender shall not reveal such secrets. 292. The provision shall not be applicable to parents. Art. 293. and (c) The secrets revealed by the offender came to his knowledge by reason of his office. or employee or workman of any manufacturing or industrial establishment. (b) He reveals the secret of his principal or master. (People vs. [CA] 75 O. — Any person who. (b) Unlawful taking (something called asportation).G. or servant of the offended party. Elements: (a) Intent to gain (animus lucrandi). — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge. Revelation of industrial secrets. Who are guilty of robbery. or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study. Elements: (a) Offender is a person in charge. (b) He seizes the papers or letters of another and (c) Offender is informed of its contents. in such capacity. to the prejudice of the owner thereof. employee or workman of any manufacturing or industrial establishment who. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager. or using force upon anything shall be guilty of robbery. 9896). the penalty shall be arresto mayor and a fine not exceeding 500 pesos. Art. Elements: (a) Offender is a private individual or even a public officer not in the exercise of his official duties. shall take any personal property belonging to another. 22840-CR. de la Merced. and (c) The revelation caused prejudice to the owner of such establishment. (c) Personal property (bienes muebles) belonging 124 . nor to spouses with respect to the papers or letters of either of them. Oct. p. Title Ten CRIMES AGAINST PROPERTY Chapter One ROBBERY IN GENERAL Art. shall learn the secrets of his principal or master and shall reveal such secrets. and (b) Such offender reveals the secrets of the industry. shall reveal the secrets of the industry of the latter. with intent to gain. employee. 49. Elements: (a) Offender is a manager. guardians. by means of violence or intimidation of any person. No. Revealing secrets with abuse of office. 291. employee. or servant who. 19 1979. 1.

5. if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime. When by reason or on occasion of the robbery homicide results penalty of reclusion perpetua to death will be imposed. Section One.to another. when by reason or on occasion of the robbery. 2. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. 767). shall have been inflicted. 1. shall have been inflicted 125 . the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 23. Robbery with violence against or intimidation of persons. 2. 18). when by reason or on occasion of the robbery. Kinds of robbery: (a) Robbery with violence against or intimidation of persons. or if by reason or on occasion of such robbery. and (d) Violence against or intimidation of any person or force upon things. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation. or when the course of its execution. that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons. Robbery accompanied by rape or intentional mutilation or by reason or on the occasion of such robbery serious physical injuries penalized in Art. however. 2. 295. Penalties. A. Provided. The penalty of reclusion temporal. any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted. 1. 3. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. (As amended by R. and (b) Robbery with force upon things. Art. par. The penalty of reclusion perpetua to death. the penalty shall be reclusion perpetua to death (As amended by PD No. 4. any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph. the crime of homicide shall have been committed. — Robbery with violence or intimidation of persons. 263.

or by entering the passenger's compartments in a train or. 2. unless it be shown that he attempted to prevent the same. or when in the course of the robbery. four. When any of the arms used in the commission of the offense be an unlicensed firearm. in any manner. (d) by entering the passengers’ compartment in a train. penalized in Art. 295. road. Robbery with physical injuries. Any member of a band who is present at the commission of a robbery by the band. (a) in an uninhabited place. highway. When by reason or on the occasion of the robbery serious physical injuries penalized in Art.3. (c) by attacking a moving train. motor vehicle. The article does not apply to robbery with homicide or robbery with rape. In the same cases. or with mutilation. Application of Article. when they are committed. (b) by a band. and the intimidation is made with the use of a firearm. shall have been inflicted upon any person not responsible for the commission of the robbery. street car. or alley. 263. the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law. or by attacking a moving train. or (e) on a street. highway. streetcar. 126 . Other cases of violence or intimidation. or on a street. serious physical injuries. 294. taking the passengers thereof by surprise in the respective conveyances. – This article qualities the robberies covered by subdivisions 3. or airship. or with serious physical injuries are defined in par 1 Art. and five of the next preceding article shall have been committed in an uninhabited place or by a band. without prejudice of the criminal liability for illegal possession of such unlicensed firearms. — When more than three armed malefactors take part in the commission of a robbery. 1. Definition of a band and penalty incurred by the members thereof. shall be punished as principal of any of the assaults committed by the band. Art. 263. road or alley. 263. 4 and 5 of Art. the offender shall be punished by the maximum period of the proper penalties. 296. road. committed in an uninhabited place and by a band. it shall be deemed to have been committed by a band. 5. motor vehicle or airship. 4. par. 3 and 4. Art. or in any manner taking the passengers thereof by surprise. — If the offenses mentioned in subdivisions three. shall have been inflicted. pars. the penalty next higher in degree shall be imposed upon the leader of the band. or with the use of firearm on a street. If the violence or intimidation employed is clearly unnecessary for the commission of the crime. or alley and the intimidation is affected by means of a forearm.

. 1981). 19. 24 SCRA 798). Villanueva. Arpia. 1958). Andaya. In so providing. Art. 120). not to robbery with rape. There may be several malefactors but when only two are armed. et al. 60). as amended by Rep. No. Otto. and constitutes an exception to the rule of lowering the penalty by one or two degrees in cases of attempted or frustrated felonies. Jr. 30. 1973).1. is qualified. 294 will apply. the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua. 296. Aug. The member of the band who is present at the commission of the robbery and who does nothing to prevent the killing is liable for robbery with homicide (last par. 297. 1939). 102 SCRA 116.R. G. Act. 1968. 277 which excluded subdivisions 1 and 2 of Art. there is no robbery committed by a band (people vs. There is a band where the robbery is committed by at least four armed malefactors. 48. Jan. if the killing by reason or on the occasion of an attempted or frustrated robbery..R. parricide and infanticide. No. (People vs. expressly permit permits. Art. 1. May 31. prosecution of the grave offense of murder. L-10397. 16. (Art. This article applies when homicide is committed on the occasion of on attempt or frustrated robbery. Article 297. 4. It could include murder if the killing is attended by any of the qualifying circumstances enumerated in Article 284. 3. 2. 294 from the coverage of Article 295.. In the case of attempted or frustrated robbery with serious physical injuries. unless the homicide committed shall deserve a higher penalty under the provisions of this Code. — When by reason or on occasion of an attempted or frustrated robbery a homicide is committed. 296 has no application to robbery with homicide because of Rep. Jan. Attempted and frustrated robbery committed under certain circumstances. The offense in such case will be a complex crime and the penalty to be imposed in accordance with Art. L-29631. Et al. The term “homicide” in Article 297 is used in the generic name. (People vs. (People vs. Art. 2979. L-19491. Act. if not requires. (People vs. Oct. 38 O. Izon. 1142). This unmistakably so if the phrase “unless the homicide committed shall deserve a higher penalty” xxx found in Article 297 is given its plain and implicit meaning. neither Art. [CA] G. or if only three of the culprits are armed (People vs. 2.G. 31.. Attempted robbery with homicide is committed when the killing of the victim was merely incidental to and an off-shoot of the plan to carry out the 127 . Apduhan. even the if the agreement is to commit robbery only. 3.

128 . by any of the following means: 1. Execution of deeds by means of violence or intimidation. fear is produced in the mind of the offended party in order to obtain something from him by threatening to cause him an evil or damage which is not immediate but remote. 2. 4. with intent to defraud another. chests. however. execute or deliver any public instrument or document. Also. 2. Through a opening not intended for entrance or egress. or floor or breaking any door or window. Or if — (b) The robbery be committed under any of the following circumstances: 1. picklocks or similar tools. by means of violence or intimidation. By using false keys. — Any person who. and (c) The compulsion is by means of violence or intimidation. in coercion. or any other kind of locked or sealed furniture or receptacle. (People vs. however. Elements: (a) Offender has intent to defraud another. 1. By using any fictitious name or pretending the exercise of public authority. wardrobes. if the value of the property taken shall exceed 250 pesos. 298. shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter. In coercion. Robbery in an inhabited house or public building or edifice devoted to worship. shall be punished by reclusion temporal. (b) Offender compels him to sign. was not consummated because of the resistance of the deceased. Art.robbery which. By the breaking of doors. shall compel him to sign. – The element of fraudulent intent is what distinguishes this felony from coercion. — Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship. Dio 130 SCRA 151). such fear is produced by threatening to cause an evil or damage which is immediate. — Robbery by the use of force upon things Art. 299. in this form of robbery. Section Two. 3. roof. By breaking any wall. and if: (a) The malefactors shall enter the house or building in which the robbery was committed. Distinguished from coercion. there is no intent to gain. execute or deliver any public instrument or documents.

and remained inside until it was closed for the night. the penalty next lower in degree shall be imposed. 129 . When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos. By taking such furniture or objects to be broken or forced open outside the place of the robbery. the crime committed will be theft and not robbery although there is force upon things. shall be punished by the maximum period of the penalty provided therefor. (People vs. Manawat. where the accused entered a church while open. Outside of theses cases. Espiridion. (People vs. in its minimum period. Removing the hook or the contraption to which the padlock is placed to lock the door. wardrobes. b or Art. chests. or building dedicated to religious worship. G. or any other kind of locked or sealed furniture or receptacle inside the building. 567). (U. 299 and 302 of the Revised Penal Code. the following were hold to constitute theft: (a) where the offender entered the dwelling by passing through the doors which were open or not secured by a lock or bolt. is certainly not the breaking contemplated by Arts. Sept. Robbery with force upon things is committed: (a) if the force upon things was employed to effect entrance into the house or building by any of the four modes. robbery under par. Adorno. and the value of the property taken exceeds 250 pesos. 646 [1936] but if he broke the top of the poor box in the church which was locked with a lever. then took valuable objects and destroyed the lock of the door to get out. public building. CA IV.2. vs. Also. People vs. 300. theft not robbery is committed. When the offenders do not carry arms. L-06407-CR. 291): and (b) where the accused broke the show window without entering the building but merely introduced his hand and abstracted the watches therefrom. 1965). but the value of the property taken does not exceed 250 pesos. [CA] 40 O. Aronce.J. — The robbery mentioned in the next preceding article. L. If the robbery be committed in one of the dependencies of an inhabited house. the penalties next lower in degree than those prescribed in this article shall be imposed. Robbery in an uninhabited place and by a band. 12 Phil. or using an article to open the lock attached to the doorknob. 299 is committed. if committed in an uninhabited place and by a band. The same rule shall be applied when the offenders are armed. by bringing outside the building any locked or sealed receptacle to be broken open or by breaking doors. 7. Thus.R. they shall suffer the penalty prescribed in the two next preceding paragraphs. Art.G.S. 1. No.

even if closed.1. although temporarily unoccupied by the same. In robbery with force upon things. Art. What is an inhabited house. although there was no one actually present in the house at the time of the robbery. even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. coach-houses. corrals. 523). (People vs. constitute the crime of robbery. granaries. (U. Concept of public building. the felony becomes qualified when committed in an uninhabited place and by a band. with robbery with violence against or intimidation upon persons becomes qualified when committed either by (a) by a band. and which form part of the whole. 2. 477).G. vs. although temporarily unoccupied by the same. for the reason that the building was ordinarily inhabited and intended dwelling. 46 Phil. – “Public building” includes every building owned by the Government or belonging to a private person but used or rented by the Government. It is on this account that the penal law punishes more severely th robbery of a house used as dwelling than that committed in an uninhabited place. 4878. having an interior entrance connected therewith. or (b) in an uninhabited place (U. shall be deemed dependencies of an inhabited house. public building or building dedicated to religious worship. excluding robbery with homicide and robbery with rape.S. What is a dependency? – The facts as related do in fact. stables or other departments or inclosed places contiguous to the building or edifice. 3.S. 301. waterhouses. Morada. What makes a building public is not its inauguration for the purpose intended but the fact of the State or any of its agencies having the title thereto (People vs. 23 Phil. barns. Such casual absence cannot bring the crime within the classification of robbery in an uninhabited place. The term "public building" includes every building owned by the Government or belonging to a private person not included used or rented by the Government. contiguous to the building and having direct connection therewith. Puzon. — Inhabited house means any shelter. 745) and includes every building owned by the government whether it be a garage or anything else. committed in a small store located in the ground floor which is 130 . [CA] 48 O. ship or vessel constituting the dwelling of one or more persons. Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph. vs. Ventura. public building or building dedicated to religious worship and their dependencies. the inhabitants of which might have suffered bodily harm during the commission of the crime. All interior courts. – The crime is robbery in an inhabited house since the building was used as a dwelling. Concept of inhabited house. 39 Phil. Constantino. 1.

form one single building. Dec. flour or outside door or window has been broken. Elements: (a) Offender enters an uninhabited place or building which is neither a dwelling. If any wall. the offender shall suffer the penalties next higher in degree than those provided in said articles. has been removed even if the same to broken open elsewhere. 4. Art. 299. 302. 302.dependency of the same house. No. — Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of Article 299. the penalty next lower in degree shall be imposed. when the property taken is mail matter or large cattle. shall be punished by prision correccional if any of the following circumstances is present: 1. (U. As the upper floor of the house was inhabited. Pagel. This house has an inside communication with the store located on its lower floor. a public building. 14 CAR 946 citing People vs. 30. house and store located on its lower floor. G. also People vs. wardrobe. and both of them. 300. Tubog. In the cases specified in Articles 294. 2. 295. supra). 5. roof. 4. 3. 42303. If any dorm. (People vs. When the value of the property takes does not exceed 250 pesos. chest or by sealed or closed furniture or receptacle has been broken. as mentioned in the preceding paragraph. Ventura. If the entrance has been effected through the use of false keys. supra. Robbery is an uninhabited place or in a private building.R. 297.S. and both of them. If the information does not allege the store is used and occupied as a dwelling. the robbery will be in an uninhabited house defined and penalized in Art. Angeles. Labide. 1934). 49 Phil. (1) Entrance has been 131 . (b) Any of the following circumstances be present. nor an edifice devoted to religious worship. 620). If any closed or sealed receptacle. (People vs. house and store. If the entrance has been effected through any opening not intended for entrance or egress. if the value of the property taken exceeds 250 pesos. picklocks or other similar tools. and 302 of this Code. A garage is not necessarily a dependency unless it has a communication with the house in connection with which it is used. the robbery committed is the shop located in the lower part of the building must be classified as robbery in an inhabited house or a dependency thereof.

Mesias. 294 of the Revised Penal Code and not under this article.. — In the cases enumerated in Articles 299 and 302. while the words “semilla alimenticia”. The building belonging to Negros Navigation Company is a private building. (3) Entrance has been effected through the use of false key. 16 CAR 829). This provision refers to the robbery through the use of force upon things and while it is true that the opening on the floor of the camarin implies force upon things. floor. Building in Art. 73 Phil. a complex crime is committed. nevertheless where violence or intimidation against persons is also present. 303. The term “lugar no habitado” in Art. (People vs. under proper condition will germinate with the plant that produces it. et al. 302 is the antonym of “casa habitada” in Art. or firewood. chest. have boarder meaning. 65 Phil. Angeles. (People vs. fruits. In case of doubt in the interpretation of the Revised Penal Code. (5) Any closed or sealed receptacle aforementioned. (2) Any wall. when the robbery consists in the taking of cereals. the Spanish text should prevail. supra). (Manahan vs.effected through an opening not intended for entrance or egress. or any other sealed or closed furniture or receptacle has been broken. or firewood in an uninhabited place or private building. The robbery of 15 sacks of palay committed with intimidation upon persons and force upon things is penalized under Art. According to Groizard “seedling is the immediate product of the soil. 267). [1971]pCA] 68 O.. 2. the culprit shall suffer the penalty next lower in degree than that prescribed in said articles.303 of the Revised Penal Code. Cruz. or outside door or window has been broken. (People vs. 302 because hulled rice is not the “semilla alimentia” erroneously translated as “cereals” in Art. 691 citing the Baluyot case). and (c) Offender takes personal property belonging to another with intent to gain. roof. Court of Appeals. (4) Any door. picklocks. 1.G. People. (People vs. even if broken open elsewhere. Art. wheat or corn. fruits. supra). 303.” Hulled rice is not the immediate and natural product of the soil but the product obtained from unhulled rice (palay) through the employment of labor. The taking of hulled rice from a warehouse does not fall under this article but under the penultimate paragraph of Art. wardrobe. Flour which is obtained from wheat through the employment of labor. Unhulled rice or palay which is grain in its original state. 5724). Robbery of palay comes under Art. 132 . has been removed. Jaranilla. Robbery of cereals. is likewise not seedling. the latter element supplies the controlling qualification since the circumstance implies greater disturbance to the order of society and the security of the individual. etc. Cesar. 14 CAR 946). 302 refers to a private building. As discussed previously. inasmuch as “semilla” (seedling) is part of the fruit of the plant which produces it when it germinates under proper conditions. Hulled rice (arroz) is therefore no seedling. (People vs. 299. (Napolis vs. Cereal simply means the grain either of palay. or any other similar tools.

3. False keys. 2. 3. 1965). Lopez. 3. Elements: (a) Possession of picklocks or similar tools specially adopted to the commission of the crime of robbery. 306. Chapter Two BRIGANDAGE Art. 302. Penalty. Where the value of the seedling taken is great and there is no showing that it was kept by the owner as “seedling” or taken for that purpose by the robber. If the offender be a locksmith. (b) Such possession is without lawful cause (People vs. Art. 305. If the offender be a locksmith. may 20. Who are brigands. Possession of picklocks or similar tools. Art. 2. Taugan.R. [CA] G. The same penalty shall be imposed upon any person who shall make such tools. Actual use of the picklocks or tools is not necessary to constitute illegal possession thereof. he shall suffer the penalty of prision correccional in its medium and maximum periods. shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period. and (c) Any keys other than those intended by the owner for use in the lock forcibly opened by the offender. the felony will be that of robbery under par. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender. of Art. (b) Genuine keys stolen from the owner. 1287-R). No. No. 304. 1. Genuine keys stolen from the owner. False keys include: (a) Tools mentioned in the preceding article (picklocks or similar tools specially adopted to the commission of robbery). The tools mentioned in the next preceding articles. — When more than three armed persons 133 . — Any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery. L-18766. he shall suffer a higher penalty. 2. — The term "false keys" shall be deemed to include: 1. (People vs. Quantity and value of seedling kept by the owner as seedling must be insignificant and taken for that purpose. 1.

or protects such band of brigands. a law for the punishment of such bands making the penalty more severe. — Any person knowingly and in any manner aiding. and (c) He performs any of the following acts: (1) Aids. No. unless the contrary is proven. Aiding and abetting a band of brigands. 307. 2. penalized by a greater penalty. vs.form a band of robbers for the purpose of committing robbery in the highway. If any of the arms carried by any of said persons be an unlicensed firearms. 1. – Our penal law on robberies and theft are not alone sufficient to repress theses felonies committed by roving bands or highways robbers or brigands. or acquiring or receiving the property taken by such brigands shall be punished by prision correccional in its medium period to prision mayor in its minimum period. in which case. The purpose of highways robbers or brigands is extortion or ramson. therefore. abetting or protecting a band of brigands as described in the next preceding article. (2) Gives them information of the 134 . they shall be deemed highway robbers or brigands. The main object of the law was to prevent the formation of such bonds. Elements: (a) Existence of a band of brigands. Decusin. 295). If the robbers in band should commit robbery (Art.S. 3. or giving them information of the movements of the police or other peace officers of the Government (or of the forces of the United States Army). Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties. (U. enacted Act. those responsible shall be prosecuted under said law and penalized accordingly.536 Art. It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly. This crime is committed by mere conspiracy to commit the acts of brigandage. The former Philippine Commission. or do any criminal act by force or violence. 518. should kidnap (Art. (b) Offender knows such band to be a band of brigands. when the latter are acting in aid of the Government. abets. they shall suffer such high penalties. 267). and in case of convictions the penalty shall be imposed in the maximum period. or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. The formation of highway robbers or brigands is punishable under this article. 2 Phil. it shall be presumed that said persons are highway robbers or brigands. Purpose of punishing brigandage.

1. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner. Mercado. if the value of the thing stolen is more than 12. The penalty of prision mayor in its minimum and medium periods. the carrying away of the thing unlawfully taken is not necessary. 2. shall hunt or fish upon the same or shall gather cereals. 100. supra). (Duran.S. and in connection 135 . shall take personal property of another without the latter's consent. having found lost property. et al. 65 Phil. in the eyes of the law. — Theft is committed by any person who. de Vera. and (3) Acquires or receives the property taken by such brigands. and one year for each additional ten thousand pesos. 11. Penalties. Art. with intent to gain but without violence against or intimidation of persons nor force upon things. In theft. vs.000 pesos but does not exceed 22. 1958). Theft is likewise committed by: 1. the thief must remove the stolen property. Any person who. — Any person guilty of theft shall be punished by: 1. People vs. Feb. and (e) Without the consent of the owner. or other forest or farm products. while in larceny. shall fail to deliver the same to the local authorities or to its owner. (b) Unlawful taking (apoderamiento). Any person who. 2. No. and if he removes it into another country (animus furandi) he is. (U. 309. G. 43 Phil. In such cases. (c) Personal property belonging to another. shall remove or make use of the fruits or object of the damage caused by him. Tan.000 pesos. but the total of the penalty which may be imposed shall not exceed twenty years. guilty of larceny in every country into which the subject may have been carried away. Distinguished from larceny: (a) Larceny is a continuing offense but theft is not.movement of the police or other peace officers of the government. Who are liable for theft. Chapter Three THEFT Art. but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph. L-2760. Mercado. (d) Absence of violebce or intimidation against persosns or force upon things.R. Elements: (a) Intent of gain (animus lucrandi). 308. after having maliciously damaged the property of another. and 3. (People vs.665).

6 of Art. when the value of the thing stolen is not over 5 pesos. Arresto mayor in its medium period to prision correccional in its minimum period. 3. In cases of theft. 3. if the value of the property stolen is over 50 pesos but does not exceed 200 pesos. a jeep is running condition is worth P1. if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos.000. De la Cruz. the provision of any of the five preceding subdivisions shall be made applicable. the exact value of the thing stolen need not be proved for determining the corresponding liability. if such value is over 5 pesos but does not exceed 50 pesos. The penalty of prision correccional in its medium and maximum periods. 5. Arresto mayor in its minimum and medium periods. 309. Arresto mayor to its full extent. 43 O. (People vs.with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code. 964).G. 3206).000 pesos. if the value of the property stolen is more than 200 pesos but does not exceed 6. 4. 136 . the penalty shall be termed prision mayor or reclusion temporal. Reyes. Arresto menor in its minimum period or a fine not exceeding 50 pesos.00 (People vs. If the value is not proven where the thing has some value. 1. and in this particular case. Basis is the value of the thing stolen. as the case may be. 8.000 pesos but does not exceed 12. and the offender shall have acted under the impulse of hunger. if such value does not exceed 5 pesos. 7. or the difficulty of earning a livelihood for the support of himself or his family. 6. the penalty imposable would be the minimum penalty. 2. If such value exceeds said amount. judicial knowledge was taken of that actually in the Philippines. 2. poverty. 58 Phil. The penalty of prision correccional in its minimum and medium periods. if the value of the thing stolen is more than 6.000 pesos. Arresto menor or a fine not exceeding 200 pesos. which is that prescribed by No. it being sufficient that it be shown that it has some value.

No. or anything of value which we knows. Decree 330 [1973]}. volcanic eruption. sell or dispose of. Timber smuggled from an illegal cutting of logs in public forests and forest reserves. Fish taken from a fishpond or fishery. 1947): a.The following terms shall means as follows: a. 1979) Sec. 2. [CA] 75 O. or if the property stolen is motor vehicle. b. typhoon. or shall buy and sell. if committed by a domestic servant. Repealed by PD 705 but illegal logging is still punished in Sec. vehicular accident or civil disturbance Art. with intent to gain fro himself or for another. acquire. If it is committed with grave abuse of confidence. 137 . — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article.G. March 2. to have been derived from the proceeds of the crime of robbery or theft. (People vs. conceal. Genato. If the offender is a domestic servant. or any other calamity. 310.A. June 4. shall buy. Offense of Fencing (Presidential Decree No. corporation or partnership or other organization who/which commits the act of fencing. May 1. 2. unless a higher penalty should be provided under other provisions of this Code. mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery. possess. 62 thereof qualified theft. vehicular accident or civil disturbance. keep. 1980 – property is taken on occasion of fire. 1.A. (Pres. earthquake. Motor vehicle. d. (As amended by R. May 1. 670). Kinds Theft is qualified if any of the following circumstances is present (The penalty is next higher by two degrees pursuant to R. or any other calamity. volcanic erruption. Theft of the property of the National Library and National Museum. Mail matter 3. 120 and B. 1201. the offender shall be punished by such higher penalty. Coconuts taken from a plantation. By the nature of the property. 1612). or c. 311. “Fence” includes any person.Art. e. or if property is taken on the occasion of fire.P. “Fencing” is the act of any person who. Definition of Terms . which is either: 1. — If the property stolen be any property of the National Library or the National Museum. typhoon. or 4. As amended by Batas Blg. or with grave abuse of confidence. in which case. association. Blg. firm. 71. 1980). b. receive. or both. the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos. or should be known to him. 71. Hon. earthquake. Qualified theft.

Penalties. The penalty of prision correccional in its medium and maximum periods. if the value of the property involved is more than 12. The penalty of prision correctional in its minimum and medium periods. 000 pesos. by means of violence against or intimidation of persons. The penalty of prision mayor. if the value of the property involved is more than 200 pesos but not exceeding 6.000 pesos.000 pesos. If the value of the property robbed and stolen is more than 6. if the value of such property exceeds the latter sum. If the value of the gain cannot be ascertained. but the total penalty which may be imposed shall not exceed (20) years. (c) The occupation or usurpation was committed by means of violence against or intimidation of persons. 000 pesos but not exceeding 22.000 pesos but not exceeding 12. if such value does not exceed 5 pesos. d. c. 138 . if the value of property involved is over 50 pesos exceeding 200 pesos. and (d) there must be intent to gain. The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos f. Chapter Four USURPATION Art. Elements: (a) A person has taken possession of real property or usurped real rights in property. (b) The property occupied or real right usurped belongs to another. The penalty of arresto mayor in its medium period to prision correccional in its minimum period. b. 312. the penalty provided in this paragraph shall be imposed in its maximum period. shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained. In such cases. Occupation of real property or usurpation of real rights in property. adding one (1) year for each additional 10.Sec 3. the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.000 pesos. — Any person who. e. but not less than 75 pesos. a fine of from 200 to 500 pesos shall be imposed. – Any person guilty of fencing shall be punished as hereunder indicated: a. The penalty of arresto mayor in its minimum period. shall take possession of any real property or shall usurp any real rights in property belonging to another. in addition to the penalty incurred for the acts of violence executed by him.

if he be not a merchant. — Any person who shall alter the boundary marks or monuments of towns. adding one year for each additional 10. — Any person who shall abscond with his property to the prejudice of his creditors. 3rd. or any other marks intended to designate the boundaries of the same. 2nd.Art. the penalty shall be termed prision mayor or reclusion temporal. and 139 . (b) He absconds with his property. This is committed by any person who alters the boundary marks or monuments of towns.000 pesos but does not exceed 22. — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. or any other marks intended to designate the boundaries of the same. or estates. or both. the penalty provided in this paragraph shall be imposed in its maximum period. 315. and (c) To the prejudice of his creditors. and if such amount exceeds the latter sum.000 pesos but does not exceed 12. provinces or states. provinces. The penalty of prision correccional in its maximum period to prision mayor in its minimum period. Chapter Six SWINDLING AND OTHER DECEITS Art. if the amount of the fraud is over 6. Swindling (estafa). Intent to gain is not an element because the law does so require. Fraudulent insolvency. but the total penalty which may be imposed shall not exceed twenty years. if he be a merchant and the penalty of prision correccional in its maximum period to prision mayor in its medium period. 313. 314. Mere alteration of the boundary. Chapter Five CULPABLE INSOLVENCY Art. The penalty of prision correccional in its minimum and medium periods.000 pesos.000 pesos. Elements: (a) Offender is a debtor. Altering boundaries or landmarks. provinces or estates is punishable.000 pesos. if the amount of the fraud is over 12. In such cases. shall suffer the penalty of prision mayor. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6. marks or monuments intended to designate the boundaries of towns.000 pesos. as the case may be. shall be punished by arresto menor or a fine not exceeding 100 pesos. and in connection with the accessory penalties which may be imposed under the provisions of this Code.

to the prejudice of the offended party or of any third person. With unfaithfulness or abuse of confidence. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false 140 . or falsely pretending to possess power. (c) By taking undue advantage of the signature of the offended party in blank. to the prejudice of another. goods. goods. even though such obligation be based on an immoral or illegal consideration. quantity. (d) [By post-dating a check. agency. or quality or anything of value which the offender shall deliver by virtue of an obligation to do so. qualifications. provided that in the four cases mentioned. even though such obligation be totally or partially guaranteed by a bond. 2. or other property. credit. money. property. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name. or by means of other similar deceits. or by denying having received such money. (b) By misappropriating or converting. or for administration. the offender shall be punished by the maximum period of the penalty. namely: (a) By altering the substance. without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. (b) By altering the quality. or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check.4th. By arresto mayor in its maximum period. In this case. (c) By pretending to have bribed any Government employee. influence. or any other personal property received by the offender in trust or on commission. if such amount does not exceed 200 pesos. business or imaginary transactions. fineness or weight of anything pertaining to his art or business. the fraud be committed by any of the following means: 1. and by writing any document above such signature in blank. or under any other obligation involving the duty to make delivery of or to return the same.

or by obtaining credit at hotel. 141 . food.pretense or fraudulent act.)] (e) By obtaining any food. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor.” 4. in whole or in part. or apartment house by the use of any false pretense. encumber or mortgage the same. lodging house or apartment house after obtaining credit. (People vs. or by abandoning or surreptitiously removing any part of his baggage from a hotel. 3. to the prejudice of another. any court record. 2 (d) of Article 315 as amended by Rep. Elements: (a) Deceit or abuse of confidence. concealing or destroying. restaurant. shall be imposed upon: 1. with intent to defraud the proprietor or manager thereof. amended par. by means of deceit. shall dispose of the same. boarding house. lodging house. to the prejudice of the latter or any third person. and (b) Damage or prejudice to the offended party. Any person. boarding house. Presidential Decree 818 (1975). shall convey. 1).A. Through any of the following fraudulent means: (a) By inducing another. pretending to be owner of any real property. 4. boarding house. Other forms of swindling. who. inn. refreshment or accommodation at a hotel. (b) By resorting to some fraudulent practice to insure success in a gambling game. (As amended by R. document or any other papers. inn. inn. or apartment house and the like without paying therefor. approved June 17. although such encumbrance be not recorded. Act 4885 (re: bouncing checks) by increasing existing penalties therefor in order to “arrest and curb the rise in this kind of estafa cases. restaurant. — The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value. sell. shall execute any fictitious contract. knowing that real property is encumbered. lodging house. Any person who. Any person who. 76 Phil. restaurant. Art. office files. 1967. 316. Abana. refreshment or accommodation. refreshment or accommodation therein without paying for his food. 2. to sign any document. 4885. (c) By removing.

encumber or mortgage the same. 3. if he should believe in truth that he is. 5. without express authority from the court or before the cancellation of his bond or before being relieved from the obligation shall sell. encumber the real property or properties with which he guaranteed the fulfillment of such obligation. And to these three elements should be added a fourth element – that the act. should be made to prejudice the 142 . pretending to be the owner of any legal property. Pretending to be the Owner of the Real Property: Elements: (a) That the things be immovable property: if it were movable. (b) That he who is not the owner of said property should represent that he is. (3 Viada. 4. an ignorance but not a crime of estafa in which the element of deceit or fraud is inherent. Any person who. sell.5. while being a surety in a bond given in a criminal or civil action. mortgage. who while being a surety in a bond given in an criminal or civil action. 6. although such encumbrance be not recorded. who. as for example. and (c) That the alleged owner should have executed an act of ownership to the prejudice of the real owner. Any person. knowing that real property is encumbered. selling it. How Committed: 1. that fact may perhaps constitute the crime of theft or any other but not estafa. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him when in fact he did not actually perform such service or labor. shall sell. or. to the prejudice of another shall execute any fictitious contract. Any person who. encumbering it or mortgaging it. Any person who. in any other manner. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him. 2. The owner of any personal property who shall wrongfully take it from its lawfull possessor. shall convey. p. Any person. shall dispose of the same. the fact constitutes an error. to the prejudice of the latter or any third person. and 6. 552). when in fact he did not actually perform such services or labor. penal Code. mortgage or in a manner encumber the real property with which he guaranteed the fulfillment of such obligation. without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him.

and (c) That the act of disposing of the real property to be made to the damage of another or with the intention of causing such damage. [CA] G. because this is the generic condition of all the crimes to defraud. Other deceits. Aug. for profit or gain. for profit or gain. tell fortunes. 1955. 318. Disposing Real Property Knowing Same to be Encumbered (Par 2) Elements: (a) That the thing disposed of be a real property. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter. 1. (People vs. (b) That he who disposes knows that the real property is encumbered. [CA] 52 O. shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos. Elements: (a) That there exists a defraudation. irrespective of whether such encumbrance be recorded or not. shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor. 122-R.G. to his detriment. 315. Acts Punished: (a) Defraudation of any person by meaning of other deceits not covered in Art. 24. Any person who. that is by means of false pretense.R. credit or other personal property. make forecasts. 316 and 317. and (b) Interpretations of dreams. credit or other personal property. or take advantage of the credulity of the public in any other similar manner. — Any person who taking advantage of the inexperience or emotions or feelings of a minor. 2. shall interpret dreams. whether the loan clearly appears in the document or is shown in any other form. Art. Art. and (b) That as a consequence of said acts of the offender the minor was induced to assume an obligation or execute a release or transfer of a property right in consideration of money.owner or a third person or at least with the intention to cause it. making of forecasts taking advantage of the credulity of the public by similar means. People vs. shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money. 317. and (b) That such was caused by deceit. Buencamino. 143 . 5571). No. fortune telling. Pedrosa. an effective prejudice. Elements: (a) Offender takes advantage of the inexperience or feelings or emotions of a minor. Swindling a minor.

Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage. without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. Destructive arson. administrators or assigns. 320. storehouse or military powder or fireworks factory. shipyard. and (c) The subsequent pledge or sale of said property is done 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. 2. or any part thereof. archives or general museum of the Government. — The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn: 1. or his executors. 144 . (b) Offender knows that the property is mortgaged. storehouse. (c) He knowingly removes said property to any province or city other than the one in which it is located at the time of the mortgage. (d) The removal is done without the written consent of the mortgagee or his executors. (b) Mortgagor of said property sells or pledges the same or any part thereof. ordinance.: (a) The personal property is already pledged under the Chattel Mortgage Law. Elements of Second Par. without the written consent of the mortgagee. 2. under the terms of the Chattel Mortgage Law. Chapter Eight ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS Art. 319. Removal.Chapter Seven CHATTEL MORTGAGE Art. and (e) The removal must be coupled with an intent to defraud or the rmoval is not justified. — The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon: 1. Elements of First Par. 2. 1. Any arsenal. sale or pledge of mortgaged property. administrators or assigns. Any mortgagor who shall sell or pledge personal property already pledged. (a) The personal property is mortgage under the Chattel Mortagage law. Any passenger train or motor vehicle in motion or vessel out of port.

hut.000 pesos. extent of damage and whether inhabited or not. irrespective of the amount of the damage. Art.000 pesos. irrespective of the amount of the damage. any storehouse or factory of inflammable or explosive materials. Provided. Other forms of arson. the offender shall be punishable: 1. farmhouse. (d) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative. By reclusion temporal or reclusion perpetua: (a) if the offender shall set fire to any building. (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6. 321. judicial or administrative proceedings. — When the arson consists in the burning of other property and under the circumstances given hereunder. (c) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law. or vessel in port. its location. and the value of the damage caused exceeds 6. In an inhabited place. 145 . and the culprit did not know that such house or building was occupied at the time. shelter. By reclusion temporal: (a) If an inhabited house or any other building in which people are accustomed to meet is set on fire.3. however. the penalty shall be reclusion perpetua. That if the evidence destroyed is to be used against the defendant for the prosecution of any crime punishable under existing laws. Penalty is reclusion temporal in its maximum period to reclucion perpetua. Liability is determined: Kind and character or building. (b) If the building burned is a public building and value of the damage caused exceeds 6. or if he shall set fire to a moving freight train or motor vehicle. 2.000 pesos. knowing it to be occupied at the time by one or more persons. warehouse. (e) If the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire.

By prision correccional in its maximum period to prision mayor in its medium period: (a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds 1. The penalty of prision correccional in its minimum and medium periods. or forests. the penalty next lower in degree than that prescribed in this subdivision shall be imposed. if the damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6. is set on fire. located in a populated place. when the damage caused is over 200 pesos but does not exceed 1. 8. and (d) If grain fields. and the property referred to in paragraph (a) of the preceding subdivision is set on fire. cane mill.000 pesos. 5. sugar mill. By prision mayor: (a) If the value of the damage caused in the case mentioned in paragraphs (a). when the property burned consists of grain fields. and (d) in the next preceding subdivision does not exceed 6. forests. or 146 . (b) If a building not used as a dwelling or place of assembly. pasture lands.000 pesos. The penalty of prision correccional in its medium and maximum periods. 4.000 pesos. or plantings are set on fire. if the damage caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused shall be imposed.000 pesos.000 pesos but is over 200 pesos. bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6. and the damage caused exceeds 6. and the damage caused exceeds 6. but when the value of such property does not exceed 200 pesos.000 pesos. mill central. (b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this article does not exceed 200 pesos. 7. (c). pasture lands. By prision correccional in its medium period to prision mayor in its minimum period.(c) If a farm. 3.000 pesos. 6.

Burning of a farm.000. 1. hut. b. bamboo grooves. c. forest or plantings and damage cause exceeds P6. if value of damage in paragraph (a).000. 5467. e. pasture lands. Burning of grain fields. Setting fire to any building.000. Burning (1) inhabited house or (2) any other building in which people are accustomed to meet and offender did not know such building was occupied at the time (3) moving freight train or motor vehicle and value of damage exceeds P6. irrespective of value of damage. mill central. or vessel in port. b.000.00 d. Punished by prision mayor: a. 1969). located in a populated place and damage caused exceeds P6. the penalty is reclusion perpetua. shelter. knowing it to be occupied at the time by one or more persons.000. judicial or administrative proceeding. 2.00.00 Building burned is a public building and purpose is to destroy evidence kept therein to be used in instituting prosecution for punishment of violators of law. warehouse. Punished by reclusion temporal to reclusion perpetua: a. c.00.00 3. 147 . (c) and (d) in next preceding paragraph does not exceed P6. Building burned is a public building and value of damage exceeds P6000. Punished by reclusion temporal: a.plantations when the value of such property does not exceed 200 pesos. Burning a public building and value of damage does not exceeds P6. farmhouse.00. or any similar plantation and damage caused exceeds P6. if evidence is to be used against defendant for the prosecution of any crime punishable under existing law. (As amended by R. d.00. Building burned is a public building and purpose is to destroy evidence kept therein to be used in legislative.000. burning of a building not used as a dwelling or place of assembly. Arson committed with intention to collect an insurance policy against loss or damage by fire. irrespective of amount of damage. cane mill. sugar mill. b.A. approved May 12.

321). if it is over 1. inundation. (Subdivision 5. vs. 2. — The arson of any uninhabited hut. and (c) value of the property does not exceed P25. shall not be punished by the penalties respectively prescribed in this chapter. (b) Under circumstances clearly excluding all danger of the fire spreading. Art. 1.000 pesos. but in accordance with the damage caused and under the provisions of the following chapter. when the damage caused does not exceed 50 pesos. 3. — Cases of arson not included in the next preceding articles shall be punished: 1.000 penalty is prision correccional medium period to prision mayor minimum period and if the value does not exceed P200 the penalty is next degree lower.) Art. By arresto mayor in its maximum period to prision correccional in its minimum period. The malicious burning of a banca. Cases of arson not included in the preceding articles. Elements: (a) Burning of any uninhabited hut. barn. which is the property of another. b. — Any person who shall cause destruction by means of explosion. shed. or any other property the value of which does not exceed 25 pesos. 322. By prision correccional in its minimum and medium periods. if the damage caused is over 200 pesos but does not exceed 1. By arresto mayor in its medium and maximum periods. Burning of a building used as dwelling in an uninhabited place and damage caused exceeds P1. Miranda. 2 Phil. Art. If value of damage in paragraphs © and (d) of subdivision 2 of this article does not exceed P200.4. (U. Punished by prision correcccional in the maximum period to prision mayor in its medium period: a. By prision correccional in its medium and maximum periods. Art. constitutes the offense of arson. 324. or any other property. storehouse.00. sinking or 148 . discharge of electric current. and 4. committed at a time or under circumstances which clearly exclude all danger of the fire spreading. Crimes involving destruction. 2. store house. if the damage is over P200 but does not exceed P1. Arson of property of small value. 606. barn.S.000 pesos. shed.000. when the damage caused is over 50 pesos but does not exceed 200 pesos. 323. The extent of the damage determines the penalty.

(5) intentional damaging of the engine of said vessel. the penalty of prision mayor shall be imposed. This article punishes the burning of one’s own property for the purpose of committing arson or great destruction of another’s property. (6) removing rails from railway tracks. — If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles. — Any person guilty of arson or causing great destruction of the property belonging to another shall suffer the penalties prescribed in this chapter. 1. or those of any other system. Budiao. maliciously changing railway signals for the safety of moving trains. Art. and. (U. The act is punished if the purpose of the offender is: (a) To defraud or cause damage to another or (b) Damage is actually caused upon another’s property even if such purpose is absent or (c) Thing burned is a building in an inhabited place. 326. Art. 4 Phil. intentional damaging of the engine of said vessel. by using any other agency or means of destruction as effective as those above enumerated. vs. and (b) By any of the following means: (1) explosion. Burning one's own property as means to commit arson. or prejudice shall actually have been caused. or if the thing burned shall have been a building in an inhabited place. (8) destroying telegraph wires and telegraph posts or any communication as effective as above. Setting fire to property exclusively owned by the offender. (4) sinking or stranding of vessel. there being no proof that is giving that order he had any malicious intention of setting the latter plantation on fire. (3) inundation. he shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period. if the arson shall have been committed for the purpose of defrauding or causing damage to another.S.stranding of a vessel. (7) maliciously changing railway signal for the safety of moving trains. in general. taking up the rails from a railway track. otherwise. 2. The fact that defendant Budiao ordered his plantation set on fire and while it was burning. Elements: (a) Offender causes destruction. does not warrant a charge against him for the crime of arson. (2) discharge of electric current. even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. 326-A. 149 . the adjoining plantation caught fire from it and was also burned. In cases where death resulted as a consequence of arson. 325. shall be punished by reclusion temporal if the commission has endangered the safety of any person. the court shall impose the death penalty. Art. destroying telegraph wires and telegraph posts. — If the property burned shall be the exclusive property of the offender. 502).

Art. 85 Phil. Pacson. 5467 provides for the death penalty if death resulted as a consequence of the arson committed on any properties and under any of the circumstances mentioned in the articles preceding Art. 11. — Any of the following circumstances shall constitute prima facie evidence of arson: 1. kerosene.1. 326-A. 2165. Paterno. in order to secure a conviction. 326-A. The example is People vs. (Amended by Sec. or any mechanical. electrical chemical or traces or any of the foregoing. and 3. That the fire started simultaneously in more than one part of the building or locale under circumstances that cannot normally be due to accidental or unintentional causes: Provided. the crime committed is arson although the penalty is now death. It cannot be a special complex crime of arson with homicide. This view is supported by the decision of the Supreme Court in People vs.G. The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned. petroleum. by virtue of Rep. The reason is because “arson xxx is itself the end and death is a mere consequences. Act No. however. are found materials or substances soaked in gasoline. serious physicsal injuries and damage to property through reckless imprudence. 46 O. or as a means of 150 . Prima facie evidence of arson. If the results. 2. 326-A. (b) That the defendant after the fire has presented a fraudulent claim for loss. 365 will apply. 2. That substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business. What is punished is the reckless imprudence which results in the arson and homicide had the act been intentional. where the accused was convicted of the complex crime of arson with homicide. where it was held that arson is committed for setting fire to a house with the resulting death of a child who was one of the occupants. Art. or other inflammables. Art. Art. 326-B. cannot apply to arson through reckless imprudence if death results because in this case. 722. That at least one of the following is present in any of the three above-mentioned circumstances: (a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such building and/or goods at the time of the fire.” However. RA 7659). If after the fire.

R. Orpiano.e. approved May 12. Who are liable for malicious mischief. That the fire started simultaneously in more than one part of the building or locate under circumstances that cannot normally be due to accidental or unintentional causes. (People vs. or any mechanical. however. Such is the doctrine laid down by the decision cannot be established. provided. kerosene. are found materials or substances soaked in gasoline. i. chemical or electronic contrivances designed to start a fire or ashes or traces of the foregoing. without this circumstance the essential element of the crime is lacking and the criminal intention of the culprit cannot be established. The substantial amount of inflammable substances or materials were stored within the building not necessary in the course of defendant’s business. Chapter Nine MALICIOUS MISCHIEF Art. CA-G.. 1. (As amended by R. 2. If after the fire. The crime using injury to property is not determined solely by the mere act of inflicting injury upon the property of a third person. electrical. 327. That the defendant after the fire has presented a fraudulent claim for loss. [Unrep. 1956). (c) That the damage caused does not fall within the provisions penalizing arson and crimes involving destruction. 16. petroleum or another inflammables. [CA] 74 O. 1969). maliciously. Bautista. (b) That such damage was caused deliberately. but it must be shown that the act had for its object the injury of the property for the sake merely of damaging it.extortion or coercion. b. that at least one of the following is present in any of the three above-mentioned circumstances: a.G. Such is the doctrine laid down by the decision of the Supreme Court of Spain dated February 151 .] CAR People vs. 5467. — Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief. Elements: (a) The offender has caused damage to the property of another.A. (People vs. 11267). The act of damaging another’s property is committed merely for the sake of damaging it. That the total insurance carried on the building and/or goods is more than 80% of the value of such building and/or goods at the time of the fire. 3. Aug. Ramos. 15330-R.

3. 328. if the amount involved does not exceed 200 pesos or cannot be estimated. Gerale.000 pesos. 1. if such value is over 200 pesos but does not exceed 1.23. 328 is punished under this Article. Using any poisonous or corrosive substance. waterworks. vs. Art. if the value of the damage caused exceeds 1. and 3. Spreading any infection or contagion among cattle. roads. road. 4 Phil. By arresto mayor in its minimum and medium periods. By arresto mayor in its medium and maximum periods. 152 . or using any poisonous or corrosive substance.S. [CA] 55 O. if such value does not exceed the abovementioned amount but it is over 200 pesos. Special cases of malicious mischief. Tayucom. waterworks. Other mischiefs.G. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos. promenade or to any other things used in common by the public. or who cause damage to the property of the National Museum or National Library. The penalty depends upon the value of the damage. promenade. 2. Art.000 pesos. Any other mischief not covered by Art. — Any person who shall cause damage to obstruct the performance of public functions. 4884). shall be punished: 1. 1884. Causing damage to any archive or registry. if the value of the damage caused exceeds 1. — The mischiefs not included in the next preceding article shall be punished: 1.000 pesos. People vs. 218. )(U. By arresto menor. or any other thing used in common by the public. 2. or to any archive or registry. 329. Causing damage to obstruct the performance of public functions. or spreading any infection or contagion among cattle. in such value does not exceed 200 pesos. 4. By arresto mayor. 2. By prision correccional in its minimum and medium periods. The penalty depends upon the value of the damage caused. and 3.

telegraph or telephone lines. in the discretion of the court. collision or other accident. 330. For the purpose of the provisions of the article. the electric wires. but only civil liability. or both such fine and imprisonment.Art. Acts Punished: (a) Destroying or damaging statues or any useful or ornamental public monument. Persons exempt from criminal liability. electric wires. without prejudice to the criminal liability of the offender for the other consequences of his criminal act. collision or other accident. 332. — Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. In applying this article. Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos. and (b) Destroying or damaging any useful or ornamental painting of a public nature. the penalty of prision mayor shall be imposed. shall result from the commission of the crime of theft. traction cables. Damage and obstruction to means of communication. public monuments or paintings. Chapter Ten EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY Art. signal system and other things pertaining to railways. 331. — No criminal. If the damage shall result in any derailment of cars. traction cables signal system. telegraph or telephone lines. shall be deemed to constitute an integral part of a railway system. swindling or malicious mischief committed or caused mutually by the following persons: 153 . and other things pertaining to railways are deemed integral part of a railway system. 3. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway. without prejudice to the criminal liability of the offender for the other consequences of his criminal act. Acts Punished: Damaging any railway. 2. 1. Art. Penalty is increased if the damage results in any derailment of cars. Destroying or damaging statues.

and (c) Brothers and sisters and brothersin-law and sister-in-law. If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse. (b) That she unites is sexual intercourse with a man not her husband. and 3. the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. and (c) Malicious mischief. 154 . Persons Mentioned: (a) Spouses.1. or relatives by affinity in the same line. the elements to prove are: (a) That she is a married woman. 1. Adultery shall be punished by prision correccional in its medium and maximum periods. 1. (b) Estafa or swindling. Crimes Included: (a) Theft. if living together. To convict a woman of adultery. ascendants and descendants. 2. 333. ascendants and descendants. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married. or relatives by affinity in the same line. even if the marriage be subsequently declared void. Who are guilty of adultery. 2. The exemption established by this article shall not be applicable to strangers participating in the commission of the crime. (b) The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another. Title Eleven CRIMES AGAINST CHASTITY Chapter One ADULTERY AND CONCUBINAGE Art. and (c) The act of intercourse is voluntary. if living together. Brothers and sisters and brothers-in-law and sisters-in-law. Spouses. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another.

Concubinage. with a woman who is not his wife. 2. By using force or intimidation. or shall have sexual intercourse. The concubine shall suffer the penalty of destierro. or shall cohabit with her in any other place. A single intercourse consummates the crime of adultery. — Any husband who shall keep a mistress in the conjugal dwelling. Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS Art. the penalty shall be reclusion perpetua to death. 155 . When the woman is deprived of reason or otherwise unconscious. When by reason or on the occasion of the rape. even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. the penalty shall be likewise death. who is not his wife. 334 of the Revised Penal Code. is liable for adultery. Ways of committing concubinage. the penalty shall be death. The violence of the marriage vow seems to be the fundamental ground for the punishment of adultery and not the possibility of introducing an offspring into the family because even married woman who due to her age. there are only three ways of committing concubinage. When and how rape is committed. – Not every sexual relation of a married man out of lawful wedlock falls within the penal sanction of the law.2. to wit (a) By keeping a mistress in the conjugal dwelling. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons. When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof. and (c) By cohabit with her in any other place. the victim has become insane. The crime of rape shall be punished by reclusion perpetua. shall be punished by prision correccional in its minimum and medium periods. 335. 334. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. under scandalous circumstances. can no longer conceive. 1. Art. Under Art. When the woman is under twelve years of age. and 3. (b) By having sexual intercourse under the scandalous circumstances with a woman.

a homicide is committed. approved June 18.A. 337. or (2) When the woman is deprived of reason or otherwise unconscious. shall be punished by prision correccional in its minimum and medium periods. Act. priest. and R. or (3) Offended party is under 12 years of age. Whenever the crime is committed. (As amended by R. approved June 20. teacher. Elements: (a) Offender commits any act of lasciviousness or lewdness. (b) Under any of the following circumstances: (1) Using force or intimidation. Qualified seduction. 2632. 2632 and 4111). The penalty is reclusion perpetua to death.When by reason or on the occasion of the rape. 1964). 4111. the penalty imposed is reclusion perpetua to death. When by reason or on the occasion of the rape. whether or not she be a virgin or over eighteen years of age. committed by any person in public authority. guardian. (2) Offended party is deprived of reason or otherwise unconscious. with the use of a deadly weapon or by two more persons. 1960. — The seduction of a virgin over twelve years and under eighteen years of age. the penalty is also death. If the rape is frustrated or attempted and homicide is committed by reason or on the occasion thereof or if the victim becomes insane. 336. home-servant. 156 . domestic. the penalty shall be death. shall be entrusted with the education or custody of the woman seduced. (1) By using force or intimidation. Elements: (a) Offender had carnal knowledge of a woman: (b) Such act was committed under any of the following circumstances. Chapter Three SEDUCTION. — Any person who shall commit any act of lasciviousness upon other persons of either sex. Acts of lasciviousness. shall be punished by prision correccional. under any of the circumstances mentioned in the preceding article. Art. in any capacity. a homicide is committed. CORRUPTION OF MINORS AND WHITE SLAVE TRADE Art. the penalty is death.A. or any person who. The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant. (As amended by Rep. or (3) When the woman is under 12 years of age or is demented.

(b) She must be a good reputation. deceit mentioned in Art. 2. 81 Phil. Elements: (a) That the offended party was a virgin at the time of the commission of the offense. (b) That she was over 12 but under years of 18 years of age. another in the morning and the last act in the afternoon of the next must be penalized as guilty of three crimes of acts of lasciviousness because each of the said acts has been committed independently from the others. committed by means of deceit. house-servant. domestic.G. 338 unfulfilled promise of marriage. 157 . and (d) That the offender is one of those persons enumerated in the first paragraph of Art. The offended party is a woman above 12 and under 18 years. Elements: (a) Offended woman must be signle or a widow. (People vs. 107) held that a person who has executed acts of lasciviousness upon a young girl on three occasions: once in the house. (d) Offender has carnal knowledge of her. 338. Art. Lapurga. a priest. Crime is not committed since complainant knew accused was married. 1898 (Hidalgo.Under the provisions of this Chapter. (c) She is over 12 and under18 years of age. over twelve but under eighteen years of age. In a prosecution for acts of lasciviousness under Art. teacher. 2137 [1978]. Simple seduction. The acts of lasciviousness are committed under the circumstances and by the same persons as those provided in Arts. p. seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. 337 and 338. (c) That the offender had carnal knowledge of her. — The seduction of a woman who is single or a widow of good reputation.. 4. (Cited in People vs. guardian. CLASSES OF QUALIFIED SEDUCTION: (a) Seduction of a virgin over 12 and under 18 years old by a certain person specially related to her. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. The Supreme Court of Spanish in a sentence of March 15. 339 in relation to Art. 339. by her brother or ascendant. Vol. and (e) The act was committed by means of deceit. shall be punished by arresto mayor. 3. 337. Art. Acts of lasciviousness with the consent of the offended party. or any person entrusted with the custody or education of the woman. (b) Seduction of a sister or descendant. 338. Villa. 1. 74 O. 193). et al. regardless of her age or reputation. such as a person in public authority. 1.

507). 341. 92). under Article 339. 339). the offended party is a female or male. 336. shall be punished by prision mayor. 1977. — The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who. In the first mode. in any manner. (U. In the second mode. would constitute either qualified seduction (Art. 337. 92 which deleted habitually or abuse of authority as an element of the felony. 24. shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. The promotion of prostitution is sufficient proof of habitually. the act must be committed habitually.5. 336. (b) By profiting by prostitution. or (c) By enlisting the services of women for the purpose of prostituion.G. 336. Javier. 186. 337). 1980). 2. (b) Promoting and facilitating the prostitution or corruption of a minor. the acts of lasciviousness are committed under circumstances which. it must be shown that the offender availed himself of his authority over the minor or acted with abuse of confidence. (As amended by Batas Pambansa Blg. Distinguished from Art.S. Sabaybay. 340. The above no longer applies because of Batas Blg. Penalty is increased to prision mayor. had there been carnal knowledge. How Committed: (a) By engaging in the business of prostitution. How committed: (a) Habitually promoting or facilitating the prostitution or corruption of minors of either sex. The act is committed against the will of the offended party. 20 Phil. 1. Under Art. the offender availing himself of his authority over the minor. habitually is not necessary. 338). including those in government-owned or controlled corporations. White slave trade. July 1. — Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another. [CA] 75 O. he shall also suffer the penalty of temporary absolute disqualification. Habitually is the promotion or repetition of the act of promoting or facilitating prostitution or corruption of the minor. Under Art. and if the culprit is a pubic officer or employee.) 1. Corruption of minors. or under any pretext. vs. (Approved Dec. only a female. 19607-CR. Art. (People vs. Under this article. The consent is obtained either because of deceit or abuse of authority. or simple seduction (Art. Art. or acts with abuse of confidence. – Both Articles 336 and 339 treat of acts of lasciviousness. 158 . the acts are committed under circumstances attendant in rape.

a married woman. if he shall have consented or pardoned the offenders. carried out with her consent and with lewd designs. or virgin. 344. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. as the case may be. — The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal. 342. 343. nor. and (d) That the abduction was committed with lewd designs. if they are both alive. if the offender has been expressly pardoned by the above named persons. if the female abducted be under twelve years of age. for all theses classes are comprised within the generic term “woman”. seduction. shall be punished by the penalty of prision correccional in its minimum and medium periods. Art. nor. Prosecution of the crimes of adultery. Elements: (a) The person who is kidnapped must be a woman. abduction. Elements: (a) That the offended party be a virgin. rape and acts of lasciviousness. In cases of seduction. )c) It must be committed with unchaste designs. abduction.Chapter Four ABDUCTION Art. with the intention of lying with the woman. in any case. The same penalty shall be imposed in every case. the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. (c) That she was abducted with her consent. in any case. grandparents. that is. It is immaterial whether she be a widow. or guardian. The offenses of seduction. abduction. The provisions of this paragraph shall 159 . — The abduction of a virgin over twelve years and under eighteen years of age. shall not be prosecuted except upon a complaint filed by the offended party or her parents. acts of lasciviousness and rape. (b) The crime must be committed against her will. Consented abduction. The offended party cannot institute criminal prosecution without including both the guilty parties. rape or acts of lasciviousness. concubinage. (b) That she be over 12 but under 18 years of age. Chapter Five PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN Art. Forcible abduction.

33 SCRA 199). May 29. Adultery and concubinage. 160 . 345. 3. if they are alive. (a) Upon complaint filed by the offended party. The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced. or (b) remits the penalty. a. — Person guilty of rape. 1.) 2. accomplices and accessories after the fact. and (b) Action cannot be instituted if offender has been expressly pardoned by the above named persons. – (a) Upon compliantly by offended spouse. The offended party cannot instituted criminal prosecution without including both parties.also be applicable to the co-principals. Civil liability of persons guilty of crimes against chastity. To acknowledge the offspring. This benefit extends to the co-principals. (Fernandez vs. To indemnify the offended woman. rape acts of lasciviousness. Defamatory utterances imputing upon the offended party the crime of prostitution can be prosecuted de officio. 19. in the same proceeding or in a separate civil proceeding. 3. (Arroyo vs. 2. to indemnify for damages caused to the offended spouse. (b) Both the guilty parties must be included if both are alive. Vera-Neri vs. Art. CA GR vs. if he shall have consented or pardoned the offenders. 4. as the case may be. 1970. her parents. Seduction. (People vs. accomplices and accessories after the fact of the above-mentioned crimes. Din Chu. CA GR 96602. abduction. 74 SCRA 338 [1976]). The crime of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. seduction or abduction. L-27830. People GR 96715 Nov. Marriage extinguishes: (a) criminal action. or guardian. To indemnify the offended woman. nor in any case. shall also be sentenced: 1. grandparents. Imputation of “illicit relationship” between a man and a woman connotes carnal intercourse with each other and so the criminal action cannot be prosecuted de oficio. 1991. unless the law should prevent him from so doing. Lantin. In every case to support the offspring. and (c) Action cannot be instituted if there is consent or pardon of both the offenders.

161 . and c. (People vs. substitution of one child for another and concealment or abandonment of a legitimate child. Liability of ascendants. unless the law should prevent him from so doing. Teachers or other persons in any other capacity entrusted with the education and guidance of youth. acts of lasciviousness. the other being under Art. Art. with abuse of authority or confidential leadership. guardians. No 05171-CR. 346. guardians. corruption of minors. Simulation of births. shall be punished by special disqualification from filling the office of guardian. But in concubinage. curators. Any person falling within the terms of this article. This is the second instance.000 pesos.b. to support the offspring. Title Twelve CRIMES AGAINST THE CIVIL STATUS OF PERSONS Chapter one SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS Art. 1966). teachers and any person who. the imposition of civil liability for indemnity is against the concubine only. 347. To acknowledge the offspring. and any other person who. on the level with the principals of said crimes. Where the same penalty imposed upon the principal is also imposed upon any person who shall furnish the place for the perpetration of the crime of slight illegal detention. cooperates as accomplices in the crime of rape. The above article places ascendants. May 21. where accomplices are punished under the Code as principals. 2 nd paragraph. teachers. — The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1.R. shall be punished as principals. to indemnify for damages caused to the offended spouse. shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. guardians. third and fourth. In every case. teachers. The aduterer and the concubine may also be sentenced in the same proceeding or in a separate civil proceeding. seduction. second. by abuse of authority or confidential relationships. CA-G. curators. and white slave trade. 268. Ramirez. — The ascendants. and any other person guilty of corruption of minors for the benefit of another. or other persons entrusted with the custody of the offended party. abduction. shall cooperate as accomplices in the perpetration of the crimes embraced in chapters. of this title.

more than the simulation of the civil status. 1. 349).. 162 . in violation of the duties of his profession or office. Any physician or surgeon or public officer who. 4. The Penal Codes of other countries call this crime with more propriety. This happens. in the majority of cases be better than its legal status.. taking from the Chinaman some money by way of loan or otherwise did not make one liable under Art. 3) the actor’s purpose was to cause the loss of any trace as to the child’s true filiation. not the unlawful sale of a child by its father but the abandonment of a child with the intention of making it lose its civil status. when a woman who has not given birth on a certain occasion claims a child which was born of another woman. 30 Phil. through such simulation.G. Decree 603 punishes the parent or guardian who sells or abandons the child to another for valuable consideration. 2. vs. the crime is not committed if the legal formalities of investing such child with a civil status other than her own are not present. It has been held that to turn over one’s newly born child to a Chinaman with the promise not to reclaim it. (People vs. Par . 347 which penalizes. the law. in violation of the duties of his profession or office. for instance. 3. Supreme Court of Spain. 2) the child loses its real status and acquires a new one.” The child. shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification. 5977). another status to which the child has no right in the family where he enters. shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs. The simulation of births which is punished by the above articles is that which alters the civil status of a person.The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status. whose birth the offended simulates. The physician or surgeon. the woman who simulates birth and the one who furnishes the child are both responsible as principals. “simulation of child. [CA] 74 O. or public officer who. March 20 1880). cooperates in the execution of any of the above crimes are punished aside from the prescribed penalty. (U. Capillo. 59 of Pres.3 of Art. Sangalang. It should be noted that in a case of simulation of birth. The elements of simulation of birth are: 1) the child is baptized or registered in the Registry of Births as hers. and acquires.S. Although the status acquired by the child through simulation of its birth may. By merely presenting s child as having been born to the accused from feigned pregnancy or pretended delivery. with the penalty of temporary special disqualification. punishes the offense for it creates a false status to the detriment of the members of the family into which the child is deceitfully introduced. loses its civil status in the family of the woman who has really given it birth. et al. (Dec.

10872. (c) Without the first marriage having been legally dissolved or in case his or her spouse is absent. the penalty of prision correccional in its medium and maximum periods shall be imposed. The marriage does not constitute bigamy 2. the penalty is higher. — The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved. Bigamy. should he do so for the purpose of defrauding the offended part or his heirs.G. Art. 163 . 350. If either of the contracting parties shall obtain the consent of the other by means of violence. (People vs. Marriage contracted against provisions of laws. Chapter Two ILLEGAL MARRIAGES Art. 1. and (d) The second or subsequent marriage has all the essential requisites fro validity.G. Elements: (a) Offender has been married. he shall be punished by the maximum period of the penalty provided in the next preceding paragraph. intimidation or fraud. Bellamas. People vs. is not committed. The marriage is contracted knowing that the requirements of the law have not been complied with or in disregard of legal impediments. — The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another. This is committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. Usurpation of civil status. shall have not been complied with or that the marriage is in disregard of a legal impediment. 1.Art. without being included in the provisions of the next proceeding article. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. Jacob. CA73 O. the absent spouse could not yet be presumed dead under the Civil Code. or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. If there is an intent to defraud. 348. otherwise. Estafa however. 3. CA 74 O. 349. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who. 2. 8314). (b) He contracts a second or subsequent marriage.

although he was previously married. b. June 30. Art. 5. (People vs. Premature marriages. — Priests or ministers of any religious denomination or sect. He knew at the time that (1) the requirements of the law have not been complied with or (2) the marriage was in disregard of a legal impediment. Acts Punished: (a) A widow who married within 301 days from the date of her husband’s death or before he delivery. 4. whose marriage having been dissolved or annulled. or fraud. CA-G. 13130R. if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation. intimidation. 352. and (b) A woman. 1961). Aug.R.3. or before having delivered if she shall have been pregnant at the time of his death. 29. No. Peralta. No. Papa. married before her delivery or within 301 days after the legal separation. (Asuncion vs. 350. Title Thirteen CRIMES AGAINST HONOR Chapter One LIBEL 164 . shall be punished by arresto mayor and a fine not exceeding 500 pesos. If the second marriage is void because the accused knowingly contracted it without complying with legal requirements as the marriage license. 29299-R. The offender contracted a marriage. Art. [CA] G. 1955). 1. Penalty is increased if consent of the other was obtained by means of violence. This felony has the following requisites: a. 351. 1. or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law. Performance of illegal marriage ceremony. if she was pregnant at the time of his death. Acts Punished: Performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities.R. — Any widow who shall marry within three hundred and one day from the date of the death of her husband. The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved. bigamy is not committed but the crime punished in Art.

real or imaginary. or both. or any statement. made in good faith. 354. printing. report or speech delivered in said proceedings. real or imaginary or an imputation of any act. of any judicial. 165 . cinematographic exhibition. moral or social duty. except in the following cases: 1. moral or social duty.) Art. legislative. legislative or other official proceedings which are not of confidential nature. or circumstances tending to cause the dishonor. and punishment of this crime. painting. or other official proceedings which are not of confidential nature. Libel means by writings or similar means. discredit or contempt of a natural or juridical person. Court of Appeals GR 45031 Oct. in addition to the civil action which may be brought by the offended party. shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6. or of any other act performed by public officers in the exercise of their functions. and 2. or any act. Elements: (a) An imputation of a crime. report or speech delivered in said proceedings. 353. or to blacken the memory of one who is dead. status. lithography. or circumstance tending to cause the dishonor. and (d) Person defamed in identifiable. condition. A private communication made by any person to another in the performance of any legal. — Every defamatory imputation is presumed to be malicious. Art. omission. — Definitions. status. radio. theatrical exhibition. of any judicial. — A libel is public and malicious imputation of a crime. without any comments or remarks.000 pesos. (b) Malice. or to blacken the memory of one who is dead. and (b) A fair and true report. omission. Art. 355. (Santos vs. engraving. phonograph. even if it be true. or any similar means. discredit. or contempt of a natural or juridical person. (c) Publication of the imputation. or of any statement.Section One. Definition of libel. Kinds: (a) A private communication made by any person to another in the performance of any level. 1991. or of a vice or defect. A fair and true report. if no good intention and justifiable motive for making it is shown. forms. condition. Requirement for publicity. either in law or in fact. without any comments or remarks. 21. or of a vice or defect. made in good faith. — A libel committed by means of writing. or of any other act performed by public officers in the exercise of their functions.

who shall publish facts connected with the private life of another and offensive to the honor. shall be imposed upon any person who threatens another to publish a libel concerning him or the parents. spouse. printing. This article enumerates the means by which libel may be committed.G. 2652). painting. editor or manager or a newspaper. (People vs.000 pesos.G. The word “radio” with writing etc. 5 SCRA 231). 4327). and (c) Such facts are offensive to the honor. engraving. phonograph. Yebra. virtue and reputation of said person. Defamation through amplifier system is slander not libel. even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. namely: writing. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine of from 20 to 2. Santiago. daily or magazine. theatrical or cinematographic exhibitions or any similar means. 3. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature. (b) He published facts connected with the private life of a person. (b) Offering to prevent the publication of such libel for a compensation. 358. 356. — The penalty of arresto mayor or a fine from 200 to 2. child. If defamatory remarks are made in the heat of passion which culminated in a threat.1. 1. or both.000 pesos. Elements: (a) The offender is a reporter. (People vs. shall be imposed upon any reporter. otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. 357. editor or manager of a newspaper. (People vs. Slander. Art. Prohibited publication of acts referred to in the course of official proceedings. Radio is transmission of electromagnetic waves without conducting wires between transmitter and receiver while. lithography. Tenedoro. CA O.. Art. radio. or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. Acts Punished: (a) Threatening to publish a libel. 60 O. namely their permanent nature as a means of publication. the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats. 2. transmission of words by means of an amplifier system is not through electro-magnetic waves and is with the use of conducting wires between transmitter and receiver. daily or magazine. have a common characteristic. Art. 166 . or both. virtue and reputation of such person.

or cause the publication or exhibition of any defamation in writing or by similar means. Kinds: (a) That which is of a serious nature. shall be responsible for the defamations contained therein to the same extent as if he were the author thereof. the action shall be filed in the Court of First Instance of the City of Manila. — Any person who shall publish. The first is punishable by arresto mayor in its maximum period to prission correccional in its minimum period or a fine ranging from 200 to 1. 359. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1. and (b) That which is not a serious nature. Persons responsible. however. The criminal and civil action for damages in cases of written defamations as provided for in this chapter.000 pesos. Section Two.00 Art. That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense. — General provisions Art. and (b) Light insult or defamation which is a defamation not serious in nature and penalized as light felony by arresto mayor or a fine not exceeding P200. or of the city or province where the libelous article is printed and first published. discredit or contempt upon another person. Slander by deed.000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title. the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the 167 . which shall cast dishonor.Kinds: (a) Grave insult or defamation. or the editor or business manager of a daily newspaper. which is a defamation of a serious and insulting nature penalized by arresto mayor in its maximum period to prision correccional in its minimum period. the penalty shall be arresto menor or a fine not exceeding 200 pesos. 1. while the second is penalized by arresto menor or a fine not exceeding 200 pesos. shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided. 2. The author or editor of a book or pamphlet. exhibit. If said act is not of a serious nature. and in case such public officer does not hold office in the City of Manila. the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual. shall be responsible for the same. magazine or serial publication. 360.

R. or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. et al. moreover. the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true. That this amendment shall not apply to cases of written defamations. Proof of the truth. Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city. That the court where the criminal action or civil action for damages is first filed. 1965). (People vs. (As amended by R. Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted. Salumbides. unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties. Proof of truth is admissible in two cases: (a) When the act or omission constitutes a crime and (b) when the imputation is made against government employees with respect to facts related to the discharge of their official duties.A..A. (d) Business manager of newspaper. the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law. that it was published with good motives and for justifiable ends. No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. the defendants shall be acquitted. approved June 15. Art. 1955. Persons Responsible: (a) One who publishes. 1. and (e) Owner of the printing press. 5769). 1289. 4363. further. finally. That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided. it must also be shown that the imputation was published with good motives and for justifiable ends. 168 . 2.G. and. approved June 19. (c) The editor of a book or pamphlet or of a newspaper. he shall be acquitted. provided. In addition to the proof of the truth. shall acquire jurisdiction to the exclusion of other courts: And. furthermore.commission of the offense or where the libelous matter is printed and first published: Provided. or causes the publication or exhibition of the libelous matter. (b) The author. In such cases if the defendant proves the truth of the imputation made by him. exhibits. 56 O. — In every criminal prosecution for libel. 361.

3. The proof of the truth of the accusation cannot be made to rest upon
mere hearsay, rumor, or suspicion. It must rest upon positive, direct evidence,
upon which a definite finding may be made by the court. It must embrace all the
charges. (U.S. vs. Sotto, 38 Phil. 666).
4. Honest mistake would serve only to mitigate damages where the article
is libelous per se. It is not a complete defense. (Phee vs. La Vanguardia, 45
Phil. 211).
5. When a periodical gives currency, whether innocently or otherwise, to a
false and defamatory statement concerning any person, it is under both a legal
and moral duty to check the propagation of such statement as soon as
practicable by publishing a retraction; and , in order to have the desired effect,
the retraction should contain an admission of the incorrectness of the libelous
publication and evidence a desire to repair the wrong occasioned thereby. (Matti
vs. Bulletin Publishing Co., 37 Phil. 562).
Art. 362. Libelous remarks. — Libelous remarks or comments connected with the
matter privileged under the provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or managing editor of a newspaper
from criminal liability.
1. Libelous remarks or comments on privileged communications, if made
with malice, are punishable under this article. This article is a limitation to the
defense of privileged communication under Art. 353.
2. Privileged communication (Art. 354) negatives malice in law, but malice
in fact may always be proved. Its proof will make the offender liable.
3. The mere fact that a communication is privileged does not place the
author beyond the compass of our libel law for the reason that by Article 362,
such communication “if made with malice” shall not exempt the author thereof
from criminal liability. (Guan vs. Judge Cloribel, [CA] 54 O.G. 8445).
Chapter Two
INCRIMINATORY MACHINATIONS
Art. 363. Incriminating innocent person. — Any person who, by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto menor.
Elements: (a) Offender performs an act not constituting perjury; (b) Such
act directly incriminates or imputes to an innocent person the commission of a
crime; and (c) The act must be malicious.

169

Art. 364. Intriguing against honor. — The penalty of arresto menor or fine not
exceeding 200 pesos shall be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a person.
1.
Intriguing against honor is necessarily included in grave oral
defamation. The only element of grave oral defamation not found in intriguing
against honor is publication. (People vs. Alcosaba, [CA] G.R. No. 26486-R, April
30, 1964).
2. This article punishes any intrigue or “gossiping” made for the purpose
of blemishing the honor or reputation of a person.
3. It should be distinguished from slander by the means employed to
accomplish the purpose. In intriguing against honor, the offender does not
impute openly the acts or statements intended to degrade or ruin the reputation
of another. This criminal liability also makes the offender civilly liable under Art.
26 of the Civil Code.

Title Fourteen
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. — Any person who, by reckless
imprudence, shall commit any act which, had it been intentional, would constitute
a grave felony, shall suffer the penalty of arresto mayor in its maximum period to
prision correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto menor
in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which
would otherwise constitute a grave felony, shall suffer the penalty of arresto
mayor in its medium and maximum periods; if it would have constituted a less
serious felony, the penalty of arresto mayor in its minimum period shall be
imposed.
When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine

170

ranging from an amount equal to the value of said damages to three times such
value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than
those provided in the first two paragraphs of this article, in which case the
court shall impose the penalty next lower in degree than that which should
be imposed in the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the
Automobile Law, to death of a person shall be caused, in which case the
defendant shall be punished by prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or falling to
do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing of failing to perform such act,
taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases in
which the damage impending to be caused is not immediate nor the danger
clearly manifest.
The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties
such help as may be in this hand to give. (As amended by R.A. 1790, approved
June 21, 1957).
1. In crimes committed by culpa, the act is voluntary but the criminal
result is not willed. It is essential, however, that the act performed be lawful;
otherwise, any result intended will be punished according to the provision of Art.
4, par. 1. (People vs. Rabas 67 Phil. 255). The exception is the violation of the
automobile law or a special law. To constitute negligence, the acts that were not
foreseen by the offender were foreseably by an ordinary prudulent person in the
same situation.

171

p. or negligent in the man of ordinary 172 . 384). The penalty next higher in degree is imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hands to give. Viada. 3. Reckless and simple imprudence distinguished. 77 Phil. and the danger is visible and consciously appreciated by the actor. time and place..2. Junio 20. 42 Phil. Beduya. Agito. (People vs. is threatened to a human being by reason of a course of conduct which is being pursued by another. To scare the intruder. Vistan. then he is guilty of negligence. 4. Nocum. 7. blameworthy. taking into consideration his employment or occupation. The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. Test of negligence. 4 CAR 145). cited in People vs. 1790). (Sentencia. No. Simple imprudence consists in the lack of precaution displaced in those cases in which the damage impeding to be caused is not immediate nor the danger clearly manifest.G. The law considers what would be reckless. Ex. (People vs. (As amended by R. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet pater familias of the Roman Law. Penalty to be imposed depends upon the discretion of the court. Reckless imprudence consists in voluntarily. Vol. (R. preventable in the exercise of reasonable care. he fired a shotgun by aiming at the foliage of a cherry tree. 54 O. doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act. 7. 7393). 14. – The distinction between reckless imprudence and simple imprudence is not clearly indicated in the books. On the other hand. but the weight of authority is found to support the proposition that where immediate personal harm. No. This is a qualifying circumstance because the presence thereof raises the penalty one degree higher and in order to be given effect. the failure to use reasonable care to prevent the threatened injury constitutes reckless negligence. the Spanish Court decided. degree of intelligence. 1900.A. 107). 5 th Ed. (People vs. 1018). and other circumstances regarding persons. simple imprudence is a mere lack of precautions in a situation where the threatened harm is not immediate or the danger is not openly visible. it must be alleged in the information. but without malice. – Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinary prudent person would have used in the same situation? If not. A land owner surprised surprised a youngster in the act of stealing some fruits in his orchard.A. 6. Mitigating or aggravating circumstances are not considered. The host scattered and a pellet injured the boy who was standing under the tree. That was reckless negligence. physical condition. 5.

2071. 4. 3. 1955. (Picart vs. 2293. 2609. 10. 8. — Except as is provided in the next preceding article. Act 1524. and 9. 2212. 3103. 1121. Sections 3 and 4. 11. 367. and Acts Nos. 3559. 2. 1692. 2718. 2549. Sections 1. 2300. 1932. 2020. must be overturned and new proceeding began. namely: Act 666.negligence and prudence and determines liability by that. Application of laws enacted prior to this Code. 6. 2557. Repealing Clause. 1523. 2142. Sections 2. 1559. which conform to the law in force at the time. 3244. 37 Phil. Smith. felonies and misdemeanors. 6. and 12. Act 1697.480. Act 1508. and 2672. 2. 2298. 282 . Act 2381. 3298. 2. Sections 9. (Samilin vs. 2036. and 6. 3397. 1438. FINAL PROVISIONS Art. Art. Sections 1. 2364. 173 . 11. Articles s366 was enacted to avoid the havoc which would have resulted if such changes had been made retroactive. Sections 102. 1754. 3195. 366. 3313. 57 Phil. 4. Act 2711. 3. committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission. 518. 2671. 3309. 5. 2595. are hereby repealed. Felonies or misdemeanors committed prior to the date of effectively of this Code were punished in accordance with the law or Code then without prejudice to the provision of Art. Changes in procedure introduced by the Revised Penal Code are not to be given retroactive effect in the sense that all proceedings prior to January 1. 899. and 3586. 277. — Without prejudice to the provisions contained in Article 22 of this Code. 22. 519. 298). 2670. 809). Sections 6 and 18. Court. 7. (first clause). Act 1757. the Provisional Law for the application of its provisions. 1. and 12. the present Penal Code. 1773. The provisions of the Acts which are mentioned hereunder are also repealed.

Sections 1.Act 3247. 3. 1930 174 . No. and General Order. And all laws and parts of laws which are contrary to the provisions of this Code are hereby repealed. series of 1900. 58. Section 106. and 5. 2. Approved: December 8.