Criminal Law II Elements

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2)
Page 1 of 41
TITLE I: CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Treason
Conspiracy and Proposal to Commit Treason
Misprision of Treason
Espionage
Inciting to War and Giving Motives for Reprisal
Violation of Neutrality
Correspondence with Hostile Country
Flight to Enemy Country
Piracy and Mutiny
GR: committed in times of war

Except: espionage, inciting to war or giving motives for
reprisal, violation of neutrality, piracy and mutiny
Elements
Crime
114
Treason
115
Conspiracy
and
Proposal to
Commit
Treason
116
Misprision
of Treason
Elements
Offender is Filipino citizen or alien residing in
RP
2.
There is war in which the Philippines is
involved
3.
Offender either:
a.
levies war against the government
i.
that there be actual assembling of
men,
ii.
for the purpose of executing a
treasonable design by force
b. or adheres to enemies, giving aid or
comfort
Conspiracy to Commit Treason
Proposal to Commit Treason
119
Violation of
Neutrality
120
Correspondence
with Hostile
Country
121
Flight to
Enemys
Country
1.
1.
2.
3.
117
Espionage
118
Inciting to
War/Giving
Motives
1.
2.
Offender must be owing allegiance to the

government and not a foreigner
He has knowledge of any conspiracy to
commit treason against the government
He conceals/does not disclose and make
known the same as soon as possible to
governor/fiscal of province or mayor/fiscal of
city in which he resides
By entering, without authority therefore, 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 Philippines
a.
Offender enters any of the places
mentioned
b. He has no authority therefore
c.
His purpose is to obtain info, plans, etc.
of a confidential nature relative to
defense of RP
By disclosing to representative of a foreign
nation the contents of the articles, data, or
information referred to in Par. No. 1 which he
had in his possession by reason of the public
office he holds
a.
Offender is a public officer
b. He has in his possession the articles, etc.
by reason of the public office he holds
c.
He discloses their contents to a
representative of a foreign nation
122
Piracy in
General and
Mutiny on
the High
Seas or in
Philippine
Waters
123
Qualified
Piracy
1.
Offender performs unlawful or unauthorized

acts
2.
Such acts provoke or give occasion for a war
involving or liable to involve RP or expose
Filipino citizens to reprisals on their persons
or property
1.
War which the Philippines is not involved
2.
There is a regulation issued by competent
authority for the purpose of enforcing
neutrality
3.
Offender violates such regulation
1.
Time of war in which the Philippines is
involved
2.
Offender makes correspondence with enemy
country or territory occupied by enemy troops
3.
The correspondence is either
a.
Prohibited by the government
b. Carried in ciphers or conventional signs
c.
Containing notice or information which
might be useful to the enemy
1.
There is a war which the Philippines is
involved
2.
Offender must be owing allegiance to
government
3.
Offender attempts to flee or go to enemy
country
4.
Going to enemy country is prohibited by
competent authority
1.
Vessel is on the high seas or in RP waters
2.
Offenders are not members of complement or
passengers of the vessel
3.
Offenders either
a.
attack or seize the vessel
b. seize the whole or part of the cargo of
said vessel, its equipment, or personal
belongings of its complement or
passengers
Qualifying Circumstances:
1.
Seized vessel by boarding/firing upon the
same; or
2.
Pirates have abandoned their victims without
means of saving themselves; or
3.
Crime is accompanied by murder, homicide,
physical injuries or rape
Anti-Piracy and Anti-Highway Robbery (PD 532)

PD 532
Art. 122
Committed by any person,

including a passenger or
member
Philippine waters
4 ACCOMPLICE:
(a) Knowingly or in any manner
aids or protects, or acquires or
receives property taken or in
any matter derives any benefit
(b) Directly or indirectly abets
commission
Committed by strangers (nonpassengers or non-members)

Philippine waters or high seas
Robbery, Piracy and Mutiny

Robbery
Piracy
Mutiny
Robbery
in
an
Uninhabited Place
if committed in
banca/
raft
by
crewmember
or
passenger
Offenders are
outsiders
Robbery
committed by
outsiders
Offenders members of
complement or passengers
Raise
commotion
or
protest or go against
lawful
command
of
captain
Anti-Hijacking Law (RA 6235)

Aircraft

Page 2 of 41
Philippine Registry
Foreign Registry
Passenger Aircraft
Operating as Public
Utility in RP
Cargo
Aircraft
Operating as Public
Utility in RP
Qualifying
Circumstances
Change course or destination or usurping or

seizing control while in flight
Land in any part of RP territory or usurping
or seizing control, while within RP territory
Carrying or loading on board substances
that are corrosive, flammable, explosive or
poisonous
Shipping or loading such substances in a
manner not in accordance with rules and
regulations of Air Transportation Office
(1) firing upon the pilot, crew or passenger
(2) exploding or attempting to explode any
bomb or explosive to destroy the aircraft
(3) committing crime accompanied by
murder, homicide, serious physical injuries,
or rape

Page 3 of 41
TITLE II: CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE STATE
1.
2.
Arbitrary Detention
Delay in Delivery of Detained Persons to Proper
Judicial Authorities
3. Delaying Release
4. Expulsion
5. Violation of Domicile
6. Search Warrants Maliciously Obtained and Abuse in
Service of Those Legally Obtained
7. Searching Domicile without Witnesses
8. Prohibition, Interruption and Dissolution of Peaceful
Meetings
9. Interruption of Religious Worship
10. Offending Religious Feelings
Elements
Crime
124
Arbitrary
Detention
125
Delay in
Delivery of
Detained
Person to
Proper
Judicial
Authorities
126
Delaying
Release
127
Expulsion
128
Violation of
Domicile
Elements
1.
2.
3.
1.
2.
3.
Offender is a public officer or employee

He detains a person
Detention is without legal grounds
Detained a person for some legal ground
Fail to deliver person to proper judicial
authorities:
a.
12 hrs light penalties or their equivalent
b. 18 hrs corrective penalties or equivalent
c.
36 hrs afflictive/capital or equivalent

Judicial/executive order for release of a
prisoner or detention prisoner, or there is a
proceeding upon a petition for the liberation
of such person
3.
Offender without good reason delays:
a.
service of notice of such order to the
prisoner
b.
performance of such judicial/executive
order for the release of the prisoner
c.
proceedings upon a petition for the
release of such person
1.
2.
He expels any person from RP or compels a
person to change his residence
3.
Offender is not authorized to do so by law
Acts Punished:
1.
By entering any dwelling against the will of
the owner thereof; or
2.
By searching papers or other effects found
therein without the previous consent of such
owner; or
3.
By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same
129
Search
Warrants
Maliciously
Obtained
and Abuse
in Service of
Those
Legally
Obtained
132
Interruption
of Religious
Worship
Acts Punished:
1.
Procuring a search warrant without just cause
a.
b. Procures a search warrant
c.
There is no just cause
2.
Exceeding authority or using unnecessary
severity in executing a search warrant legally
procured
a.
b. Legally procured a search warrant
c.
Exceeds authority or uses unnecessary
severity in executing the same
1.
2.
Armed with search warrant legally procured
3.
Searches domicile, papers or other belongings
of any person
4.
Owner, or any member of his family, or 2
witnesses residing in the same locality are not
present
1.
2.
He performs any of the following acts:
a.
Prohibiting/interrupting, without legal
ground, holding of a peaceful meeting, or
by dissolving the same
b. Hindering any person from joining any
lawful association or attending any
meetings
c.
Prohibiting/hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances
1.
2.
Religious ceremonies or manifestations of any
religion are about to take place or are going on
3.
Offender prevents or disturbs the same
133
Offending
the
Religious
Feelings
Qualifying Circumstance:
* if committed with violence or threats
1.
Acts complained of were performed:
In a place devoted to religious worship, or
During celebration of any religious ceremony
2.
Acts must be notoriously offensive to the
feelings of the faithful
130
Searching
Domicile
Without
Witnesses
131
Prohibition,
Interruption
, and
Dissolution
of Peaceful
Meetings
1.
2.
Elements Common to the Three Acts:

1.
2.
Not authorized by judicial order to enter
dwelling and/or to make a search for papers
& other effects
Comparisons
Arbitrary Detention (art. 124)
Public officers whose official
duties give them the authority
to effect arrest and detain
persons
Intent to detain
Detention at the outset unlawful
Illegal Detention (art. 267)

Other kind of public officers,
private individuals

Public officer authorized to
arrest and detain
Detention without lawful cause
Detention is penalized
Unlawful Arrest (art. 269)

Public
officer/private
individual
Feigned to arrest without legal
cause the purpose of which it to
file charge
Arrest is penalized

No warrant of arrest
No legal grounds
Delay in Delivery (art. 125)

No warrant of arrest
With legal grounds
Art. 128
No warrant
Intent to detain
Art. 129 and 130

Warrant
but
maliciously
obtained or even if issued
regularly,
abuse
in
implementation
Officer can be held liable for
perjury

Page 4 of 41
Art. 131
Assembly for legal purpose
Officer not a member
assembly
of
Art. 132 and 133

Exercise
of
religious
manifestations,
not
quasi
religious ceremonies
132 public officer
133 anyone
Directed at religious belief itself
and act is notoriously offensive
Illegal Assembly (art. 146)

Assembly not for legal purpose
May be a member of assembly
Unjust Vexation
Offensive to particular religion

only

Page 5 of 41
TITLE III: CRIMES AGAINST PUBLIC ORDER
1.
2.
3.
4.
5.
6.
7.
Rebellion, Insurrection, Coup detat, Disloyalty of

Public Officers, Sedition (Conspiracy, Proposal,
Incitement),
Crimes Against Proper Representation (Acts
Tending to Prevent the Meeting of Congress,
Disturbance of Proceedings of Congress and Similar
Bodies, Violation of Parliamentary Immunity)
Illegal Assemblies and Illegal Associations
Direct Assault, Indirect Assault, Disobedience
(Disobedience to Summons Issued by Congress,
Resistance and Disobedience to Person in
Authority/Agent)
Public Disorders (Tumults and Other Disturbances
of Public Order, Unlawful Use of Means of
Publication and Unlawful Utterances, Alarms and
Scandals
Delivering Prisoners from Jail, Evasion of Service of
Sentence, Evasion on Occasion of Disorders,
Violation of Conditional Pardon
Quasi-Recidivism
Elements
Crime
Elements
134
Rebellion or
Insurrection
Public uprising and taking arms against Govt

Purpose:
a.
remove from allegiance to said govt or
laws:
territory of RP or any part thereof; or
any body of land, naval or other armed
forces; or
b. deprive Chief Executive or Congress,
wholly or partially, of their powers or
prerogatives
1.
Offender is person(s) belonging to the military
or police or holding any public office or
employment
2.
Committed thru swift attack accompanied by
violence, intimidation, threat, strategy or
stealth
3.
Attack directed against duly constituted
authorities of RP, or any military camp or
installation, communication networks, public
utilities or other facilities needed for the
exercise and continued possession of power
4.
Purpose: seize or diminish state power
Conspiracy and Proposal to Commit Coup detat
Conspiracy to Commit Rebellion or Insurrection
Proposal to Commit Rebellion or Insurrection
134-A
Coup detat
136
Conspiracy
and
Proposal
137
Disloyalty
of Public
Officers
138
Inciting to
Rebellion
1.
2.
1.
2.
3.
139
1.

Commits any of the following acts of
disloyalty:
a.
Failing to resist a rebellion by all the
means in their power;
b. Continuing to discharge the duties of
their offices under the control of the
rebels;
c.
Accepting appointment to office under
them
Offender does not take arms or is not in open
hostility against the government
Incites others to the execution of acts of
rebellion
Inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end
Offenders rise publicly and tumultuously
Sedition
2.
Employ force, intimidation, or other means

outside of legal methods
3.
Objects:
a.
Prevent the promulgation or execution of
any law or the holding of any popular
election
b. Prevent the National Govt, or any
provincial or municipal govt, or any
public officer from freely exercising
functions, or prevent the execution of any
administrative order
c.
Inflict any act of hate/revenge upon
person or property of any public officer
or employee
d. Commit, for any political or social end,
any act of hate/revenge against private
persons or any social class; and
e.
Despoil, for any political or social end,
any person, municipality or province, or
the national govt of all its property or
any part
141 Conspiracy to Commit Sedition
142
Acts Punished:
Inciting to
1.
Inciting to Sedition to Accomplish its Objects:
Sedition
a.
Offender does not take direct part in the
crime of sedition
b. He incites others to the accomplishment
of any of the acts which constitute
sedition
c.
Inciting done by means of speeches,
proclamation,
writings,
emblems,
cartoons,
banners,
or
other
representations
2.
Uttering seditious words or speeches which
tend to disturb the public peace
3.
Writing, publishing or circulating scurrilous
libels against govt tending to disturb the
public peace
a.
Offender does not take direct part in
sedition
b. Commits acts of sedition (either 2 or 3)
143
1.
A projected or actual meeting of Congress and
Acts
similar bodies
Tending to
2.
Offender may be any person
Prevent the
3.
Prevents such meeting by force or fraud
Meeting of
Congress
144
A meeting of Congress and similar bodies
Disturbance The offender does any of the following acts:
of
He disturbs any of such meetings
Proceedings
He behaves while in the presence of any such
of Congress
bodies in such a manner as to interrupt
its proceedings or to impair the respect
due it.
145
First Form
Violation of
1.
Offender
(any
person)
uses
force,
Parliaintimidation, threats or fraud
mentary
2.
Purpose: to prevent any member of Congress
Immunity
from:
a.
Attending the meetings of Congress; or
b. Expressing his opinion; or
c.
Casting his vote
Second Form
1.
2.
He arrests or searches any member of
Congress
3.
Congress is in regular or special session
4.
Member has not committed a crime
punishable by penalty higher than prision
mayor
146
1.
Meeting attended by armed persons for the
Illegal
purpose of committing any of the crimes in
Assemblies
RPC
a.
a meeting, gathering or group of persons,
whether in a fixed place or moving
b. meeting is attended by armed persons
c.
purpose: commit any crime punished in

Page 6 of 41
RPC
Meeting in which the audience, whether
armed or not, is incited to the commission of
treason, rebellion or insurrection, sedition, or
assault upon a person in authority or his
agents
a.
meeting, a gathering or group of persons,
whether in a fixed place or moving
b. audience, whether armed or not, incited
to commission of the crime of treason,
rebellion or insurrection, sedition or
direct assault
Illegal Associations:
1.
Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code
2.
Associations totally or partially organized for
some purpose contrary to public morals
Two Forms and Requisites:
1.
First form (rebellion by a handful of people)
a.
the
offender
employs
force
or
intimidation
b. the aim of the offender is to attain any of
the purposes of the crime of rebellion or
any of the objects of crime of sedition
c.
there is no public uprising
2.
Direct Assault (laying hands on person in
authority)
2.
147
Illegal
Associations
148
Direct
Assaults
Simple Assault:
1.
offender makes an attack, employs force,
makes a serious intimidation, or makes a
serious resistance
2.
person assaulted is person in authority or his
agent
3.
at the time of the assault the person in
authority or his agent is engaged in the actual
performance of official duties, or that he is
assaulted by reason of the past performance of
official duties
4.
offender knows that the one he is assaulting is
a person in authority or his agent in the
exercise of his duties
5.
there is no public uprising
149
Indirect
Assaults
150
Disobedienc
e to
Summons
Issued by
Congress, its
Committees,
etc.
Qualified Assault
1.
when the assault is committed with a weapon
2.
when the offender is a public officer or
employee
3.
when offender lays hands upon person in
authority
1.
Person in authority or his agent is the victim
of any of the forms of direct assault defined in
Article 148
2.
Person comes to the aid of authority or his
agent
3.
Offender makes use of force/intimidation
upon person coming to the aid of authority or
his agent
Acts Punishable:
1.
By refusing, without legal excuse, to obey
summons of Congress, its special or standing
committees and subcommittees or divisions,
or by any commission or committee chairman
or member authorized to summon witnesses
2.
By refusing to be sworn or placed under
affirmation while being before such legislative
or constitutional body or official
3.
By refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their functions
4.
By restraining another from attending as a
witness in such legislative or constitutional
body
5.
By inducing disobedience to a summons or
refusal to be sworn by any such body or
151
Resistance
and
Disobedienc
e to a Person
in Authority
or Agents of
Such Person
153
Tumults and
Other
Disturbance
s of Public
Order
official
Resistance and Serious Disobedience (Par.1):
1.
A person in authority or his agent is engaged
in the performance of official duty or gives a
lawful order to the offender
2.
The offender resists or seriously disobeys such
person in authority or his agent
3.
The act of the offender is not included in the
provisions of Articles 148, 149, and 150
Simple Disobedience (Par. 2):
1.
An agent of a person in authority is engaged
in the performance of official duty or gives a
lawful order to the offender
2.
Offender disobeys agent of person in
authority
3.
Such disobedience is not of a serious nature
Tumults and Other Disturbances of Public Order:
1.
Causing any serious disturbance in a public
place, office or establishment
2.
Interrupting or disturbing performances,
functions or gatherings, or peaceful meetings,
if the act is not included in Articles 131 and
132
3.
Making any outcry tending to incite rebellion
or sedition in any meeting, association or
public place
4.
Displaying placards or emblems which
provoke a disturbance of public order in such
place
5.
Burying with pomp the body of a person who
has been legally executed
Qualifying
character
154
Unlawful
Use of
Means of
Publication
and
Unlawful
Utterances
155
Alarms and
Scandals
156
Circumstances:
if
tumultuous
in
Tumultuous the disturbance or interruption shall

be deem as such if caused by more than three
persons who are armed or provided with means of
violence
Acts Punished
1.
Publishing or causing to be published, by
means of printing, lithography or any other
means of publication, as news any false news
which may endanger the public order, or
cause damage to the interest or credit of the
State
2.
By encouraging disobedience to the law r to
the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches
3.
By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially
4.
By printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printers name, or which are classified as
anonymous
Acts Punished as Alarms and Scandals:
1.
Discharging firearm, rocket, firecracker, or
other explosive within any town/public place,
calculated to cause (which produces) alarm or
danger
2.
Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility
3.
Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements
4.
Causing any disturbance or scandal in public
places while intoxicated or otherwise,
provided Article 153 is not applicable
1.
Person confined in a jail or penal

Page 7 of 41
Delivering
Prisoners
from Jail
157
Evasion of
Service of
Sentence
158
Evasion on
Occasion of
Disorders
159
Violation of
Conditional
Pardon
160
QuasiRecidivism
2.
establishment
Offender removes therefrom such person, or
helps the escape of such person
Qualifying Circumstance
* offenders act of employing bribery as a means
of removing or delivering the prisoner from jail,
and not the offenders act of receiving or agreeing
to receive a bribe as a consideration fro committing
the offense
1.
Offender is a convict by final judgment
2.
Sentence consists in deprivation of liberty
3.
Evasion by escaping during the term of
sentence
1.
unlawful entry (by scaling);
2.
breaking doors, windows, gates, walls, roofs
floors;
3.
using picklocks, false keys, disguise, deceit,
violence, or intimidation; or
4.
thru connivance with other convicts or
employees of penal institution
1.
Offender is a convict by final judgment, who
is confined in a penal institution
2.
Disorder, result of: conflagration, earthquake,
explosion, similar catastrophe, or mutiny in
which he has not participated
3.
Offender evades service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder or
during the mutiny
4.
Offender fails to give himself up to the
authorities within 48hrs following issuance of
proclamation
by
the
chief
executive
announcing passing away
1.
Offender was a convict
2.
Granted conditional pardon by Chief
Executive
3.
He violated any of the conditions of such
pardon
Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense
1.
The offender was already convicted by final
judgment of one offense
2.
He committed a new felony before beginning
to serve such sentence or while serving the
same
Rebellion, Coup detat, Sedition

Rebellion and Common Crimes
New Doctrine: Offenders may be charged for common
crimes (e.g. murder, homicide, arson, and other
felonies that may be conceivably committed in the
course of the rebellion) separately from rebellion
and insurrection.
Former doctrine (Hernandez, Enrile, etc.): rebellion
absorbs common crimes; Article 48 cannot be
invoked
Rebellion
Rising publicly
Multitude of people
Does not require
Overthrow government
Always
violence
force
and
Rebellion
Political
Use of firearm essential
Coup detat
Swift attack
Singly or collectively
Require principal participants to be
AFP, PNP, etc.
Destabilize, immobilize or paralyze
govt
Not limited to force and violence
Sedition
Political/social
Use of firearm not an
essential
ingredient
* Cannot be prosecuted for illegal possession of firearm because it is
absorbed
Rebellion/Sedition
Must take part in crime
Tumults (art. 153)
Intent: disturb public
performance or create
disturbance in a public
place
Inciting to Rebellion or Sedition

Civilians who do not take part
Inciting to
Sedition
(art. 142)
Acts employed in
142
Objectives in 139
Direct Assaults
(art. 148)
Rise publicly
and tumultuously
No
public
uprising
Illegal Assemblies and Associations

Illegal Assemblies
Mere
gathering
for
unlawful purpose which
must relate to crime in
RPC
RPC only
If
offense
punishable
under SPL, no illegal
assembly
Illegal Associations
Forming of illegal orgn, association,
corporation for criminal activities
prohibited by RPC and SPL or any
act prejudicial to public welfare
RPC and SPL
Direct Assault
If made while in performance of PAs duty, crime is
Direct Assault, whatever his reason may be for
attacking.
Must be while acting within the SCOPE of his authority
If made when OFF DUTY, motive must be determined:
Direct Assault if attack related to past
performance
No Direct Assault if no such reason
Person in Authority any person directly vested with
jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board or
commission
(e.g. barangay chairman, members of Lupong
Tagapagkasundo, teachers, lawyers and heads of schools)
Agent of Person in Authority one who, by direct
provision of law, election or appointment by competent
authority, is charged with maintenance of public order
and the protection and security of life and property
(e.g. barrio vice-lieutenant, barrio councilman & barrio
policeman, and any person who comes to the aid of PA)
Felonies Committed with Direct Assault
Generally, DA is complexed with other crimes resulting
from the assault. Only ONE information is prepared.
exception: slight physical injuries (inherent in direct
assault)
Laying of Hands
Direct Assault
Crime: Direct Assault
with Less Serious PI
By reason of being PA or
performance
of
his
function
Less Serious Physical Injuries

Qualifying circumstance to lay hands
upon person in authority
Not be reason of his being a person in
authority

Page 8 of 41
Not a PA
PA
Aggravating circumstance (art. 14(2))

Direct Assault
prisoner
Direct Assault vs. Resistance or Serious Disobedience

Direct Assault
PA or A must be engaged in
performance of official duties or
assaulted by reason thereof
Committed in 4 ways:
Attack,
Force,
Serious intimidation, or
Serious resistance
Force employed serious and
deliberate
When the one resisted is PA, the
use of any kind or degree of
force will give rise to direct
assault
Resistance or Serious
Disobedience
PA or A must be in actual
performance of duties
Committed in 2 ways:
Resisting
Seriously Disobeying
Force employed not so
serious, as there is no manifest
intention to defy the law
If no force is employed by the
offender
in
resisting
or
disobeying,
the
crime
committed is resistance
Public Disorders
1.
2.
3.
Alarms and Scandals

Charivari mock serenade where the offender actually
disturbs the peace by using cans, pans, utensils, etc.
Variant Crimes that can Arise from Discharge of
Firearms
Alarms and
Scandals
Illegal Discharge of
Firearms
Attempted
Homicide/Murder
Discharge of firearm in public place but not

pointed to a particular person
Directed to particular person who was not
hit if intent to kill is not proved
If person was hit, automatically, crime is
attempted homicide/murder if with intent
to kill
Person was hit and injured but no intent to
kill
Weapon not discharged but pointed to
another
Drawn in a quarrel but not in self-defense
Threat was immediate, direct and serious
and person is compelled or prevented to do
something against his will
Physical Injuries
Threat
Other Light Threat
Grave Coercion
Variant Crimes in Creating Noise/Annoyance

Alarms and Scandals
Unjust Vexation
Public in general
Directed to a
person
particular
Evasion of Service of Sentence

Evasion of
Service of
Sentence
(Art. 157)
Prisoner serving
Infidelity in Custody of
Prisoner
(Arts. 223-225)
Offender is custodian
who connived in escape
or was negligent
Detention Prisoner
Prisoner serving
sentence by final
judgment
Mutiny
Revolt of subordinates against superiors.
include riot (prisoners are not subordinates).
Does not
Evasion in Article 158

Failure to return. Premium for those who return:
Leaving without returning
within time prescribed
Not leaving
Leaving and returning
within time prescribed
1/5 addition to remaining

sentence but not more than 6 mos.
(1/5 x balance of the sentence to be
served)
No deduction
1/5 deduction from sentence
(1/5 x original sentence)
Conditional Pardon
Substantive offense
must not fall under Articles 131 and 132 (only public
officers can commit these crimes)
disturbance must be serious, if not serious the crime
is alarms and scandals
if criminal intent at the OUTSET is to incite listeners
to rebellion or sedition, it is not public disorders
Delivery of
Prisoners from
Jail
(Art. 156)
Offender not
custodian of
prisoner
Detention
sentence by final
judgment
Not substantive offense
If penalty remitted is 6 years or

less, there is a new penalty
imposed
If penalty remitted is more than 6
years, as the penalty for violation
is merely to serve the balance
Summary
Delivery of
Prisoners from
Jail
(Art. 156)
(1) By detention
prisoner if he
knew of the plan
to make him
escape
(2) by a convict
whose conviction
is not yet final or
on appeal
(3) by a person
rescuing the
prisoner from jail
who is not the
custodian and
who may be a
civilian or a PO
not the custodian
Evasion of
Service of
Sentence
(Art. 157)
(1) By prisoner in
confinement by
final judgment
(2) prisoner not in
confinement by
final judgment
(e.g. destierro)
Infidelity in Custody of
Prisoner
(Arts. 223-225)
(1) By public officer who
consented or connived
in the escape of convict
or detention prisoner
and is the custodian of
the prisoner
(2) public officer
custodian whose
negligence caused the
evasion
(3) private person to
whom the custody of the
prisoner was confided
who consented,
connived, or was
negligent
Quasi-Recidivism
Special aggravating circumstance that must be alleged in
the complaint

Page 9 of 41

Page 10 of 41
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
1.
2.
3.
Forgeries (Forging Seal of Govt, Signature or Stamp

of Chief Executive; Counterfeiting Coins; Forging
Treasury or Bank Notes, Obligations and Securities,
Importing and Uttering False or Forged Notes,
Obligations and Securities; Falsification of
Legislative, Public, Commercial and
Private
Documents, and Wireless Telegraph and Telephone
Messages; Falsification of Medical Certificates,
Certificates of Merit and the Like; Manufacturing,
Importing and Possession of Instruments or
Implements
Intended
for
Commission
of
Falsification)
Other Falsities (Usurpation of Authority, Rank, Title,
and Improper Use of Names, Uniforms and Insignia;
False Testimony)
Frauds
(Machinations,
Monopolies
and
Combinations; Frauds in Commerce and Industry)
Crime
Elements
161
Forging the
Seal of the
Govt,
Signature or
Stamp of the
Chief
Executive
162
Using
Forged
Signature or
Counterfeit
Seal or
Stamp
163
Making and
Importing
and Uttering
False Coins
Acts Punished:
1.
Forging the Great Seal of the Government of
the Philippines
2.
Forging the signature of the president
3.
Forging the stamp of the president
164
Mutilation
of Coins
165
Selling of
False or
Mutilated
Coins,
Without
Connivance
166
Forging
Treasury or
Bank Notes
or Other
Documents
Payable to
Bearer
167
Counterfeiting
Instruments
Not Payable
to Bearer
168
Illegal
That the Great Seal of RP was counterfeited or

the signature or stamp of Chief Executive was
forged by another person
2.
The offender knew of the counterfeiting or
forgery
3.
He used counterfeit seal/forged signature or
stamp
1.
There be false or counterfeited coins
2.
Offender either made, imported or uttered
coins
3.
That in case of uttering such false or
counterfeited coins, he connived with
counterfeiters/importers
Acts Punished:
1.
Mutilating coins of legal currency, with intent
to damage or to defraud another
2.
Importing or uttering mutilated coins, with
connivance with mutilator/importer in
uttering
1.
Possession of coin, counterfeited or mutilated
by another person, with intent to utter the
same, knowing that it is false or mutilated
2.
Actually uttering such false or mutilated
coins, knowing the same to be false and
mutilated
Possession
and use of
False
Treasury or
Bank Notes
and Other
Instruments
of Credit
170
Falsification
of
Legislative
Documents
171
Falsification
by Public
Officer,
Employee,
or Notary or
Ecclesiastica
l Minister
1.
Acts Punishable:
1.
Forging or falsification of treasury or bank
notes or other documents payable to bearer
2.
Importation
of
such
false/forged
obligations/notes
3.
Uttering of such false or forged obligations or
notes in connivance with the forgers or
importers
1.
There be an instrument payable to order or
other document of credit not payable to bearer
2.
Offender either forged, imported or uttered
such
3.
In case of uttering, he connived with forger /
importer
1.
That any instrument payable to bearer, or any
instrument payable to order is forged or
172
Falsification
by Private
Individuals
and use of
Falsified
Documents
2.
3.
1.
falsified by another person

Knowledge that it is forged or falsified
He performs any of these acts:
a.
using any such forged or falsified
instruments
b. possessing with intent to use any of such
forged or falsified instruments
A bill, resolution, ordinance is enacted or

approved or pending approval in legislative
body
2.
Offender alters the same
3.
No proper authority
4.
Alteration changed the meaning of the
document
1.
Offender is public officer, employee, notary
public
2.
He takes advantage of his official position
3.
He falsifies by committing any of the ff acts:
a.
Counterfeiting or imitating (feigning)
any handwriting, signature or rubric
i. intent to imitate, or attempt to
imitate
ii. genuine and forged signatures bear
some resemblance to each other
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c.
Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made
by them
d. Making untruthful statements in a
narration of facts
* legal obligation to disclose the truth of
the facts narrated by him
e.
Altering true dates
f.
Making any alteration/intercalation in a
genuine document changing its meaning
* change made document speak something
false
g. Issuing in authenticated form a
document purporting to be a copy of any
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of genuine original
h. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
4.
If
offender
is
ecclesiastical
minister,
falsification
is
committed
on
record/document of such character that
falsification may affect civil status of persons
Acts Punished and Their Requisites:
1.
Falsification of public, official or commercial
document by a private individual
a.
offender is private individual or public
officer or employee who did not take
advantage of his official position
b. any of the acts of falsification in Article
171
c.
public or official or commercial
document
2.
Falsification of private document by any
person
a.
offender committed any of the acts of
falsification, except those in 7, in Article
171
b. committed in any private document
c.
damage to 3rd party or intent to cause
damage
3.
Use of falsified document
a.
knowledge of falsification
b. false document is embraced in Article
171 or in any subdivision no. 1 or 2 or
Article 172

Page 11 of 41
c.
173
Falsification
of Wireless,
Cable,
Telegraph
and
Telephone
Messages
174
175
Using False
Certificates
176
Mnftg and
Possession
of
Implements
for
Falsification
177
Usurpation
of Authority
or Official
Functions
178
Using
Fictitious
Name and
Concealing
True Name
179
Illegal Use
of Uniforms
or Insignia
180
False
Testimony
Against a
Defendant
181
182
False
Testimony
in Civil
Cases
183
False
he introduced document in evidence in

any proceeding (judicial or otherwise)
d. in other proceedings (NOT judicial),
damage to 3rd person or intent to cause
damage
Acts Punishable
1.
Uttering
fictitious
wireless,
telegraph,
telephone message
a.
Offender is officer/employee of govt or
private corporation, engaged sending or
receiving wireless, cable, telephone
message
b. Offender commits any of the following
acts:
i. uttering fictitious message
ii. falsifying message
2.
Falsifying wireless, telegraph or telephone
message
* same as above
3.
Using such falsified message
a.
knowledge of falsification
b. use of such falsified dispatch
c.
prejudice to 3rd party, or intent to cause
such
Falsification of Medical Certificates, Certificates
of Merit or Service
1.
falsification as in art. 174
2.
knowledge
3.
use
Acts Punished:
1.
Making or introducing in RP implements for
counterfeiting or falsification
2.
Possessing with intent to use made in or
introduced into RP by another person
Two Ways of Committing the Crime:
1.
Usurpation of Authority knowingly and
falsely representing oneself to be officer, agent
or representative of RP govt or any foreign
govt
2.
Usurpation of Official Functions performing
any act pertaining to any person in authority
or public officer of RP govt or foreign govt,
under false pretense, and without authority
Using Fictitious Name
1.
Offender uses a name other than his real name
2.
He uses that fictitious name publicly
3.
Purpose: (a) conceal a crime, (b) evade
execution of judgment, or (c) cause damage to
public interest
Concealing True Name
1.
Offender
conceals
true
name,
other
circumstances
2.
Purpose: only to conceal his identity
1.
Offender makes use of insignia, uniform or
dress
2.
Such pertains to an office not held by offender
or to a class of persons of which he is not a
member
3.
Such is used publicly and improperly
1.
Criminal proceeding
2.
Offender testifies falsely under oath against
the defendant therein
3.
Offender knows that it is false
4.
Defendant either acquitted or convicted
False Testimony Favorable to Defendant
1.
Civil case
2.
Testimony must relate to issues presented in
case
3.
That the testimony must be false
4.
Knowledge of falsity
5.
Malicious, with intent to affect issues
presented
1.
Two ways of Committing Perjury
a.
By falsely testifying under oath; and
Testimony
in Other
Cases and
Perjury in
Solemn
Affirmation
184
Offering
False
Testimony
in Evidence
185
Machinations,
Monopolies,
and
Combinations
186
Monopolies
and
Combinatio
ns in
Restraint of
Trade
187
Importation
and
Disposition
of Falsely
Marked
Articles
188
189
b. By making a false affidavit

Elements of Perjury
a.
Accused made a statement under oath or
executed an affidavit upon a material
matter
b. Made before a competent officer,
authorized to receive and administer
oath
c.
Accused made a willful and deliberate
assertion of a falsehood; and
d. Sworn statement/affidavit is required by
law
1.
Offer in evidence of false witness or false
testimony
2.
Knowledge of falsity
3.
Offer was made in a judicial or official
proceeding
1.
Soliciting any gift or promise as a
consideration for refraining from taking part
in any public auction
2.
Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
other artifice
* in both cases, intent to cause the reduction of the
price of the thing auctioned
Acts Punished as Monopolies:
1.
Combination to prevent free competition in
the market
2.
Monopoly to restrain free competition in the
market
3.
Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or increase
market price of merchandise
1.
Offender imports, sells, or disposes of any of
those articles or merchandise
2.
Stamps, brands, or marks fail to indicate the
actual fineness or quality of said metals or
alloys
3.
Knowledge
2.
Repealed by RA 8293 (Intellectual Property Code)

Repealed by RA 8293 (Intellectual Property Code)
Forgeries
Counterfeiting Coins
Counterfeiting imitation of a legal or genuine
coin; imitation of the peculiar design of a genuine
coin
Forgery
Forgery giving to treasury/bank note or any
instrument payable to bearer or to order the
appearance of a true and genuine document; to
forge an instrument is to make false instrument
intended to be passed for the genuine one
Forgery is committed only on treasury and bank
notes.
Falsification
Falsification
Documents may or may not be
under oath
Contents may be
signature is false
true
but
Perjury
Document must be under oath
(required by law to be under
oath)
Contents in its material aspect
must be deliberately false
Complex Crime of Estafa through Falsification

Page 12 of 41
If public or official or commercial document falsified
to commit estafa complex crime
If private document no complex crime (either
estafa or falsification)
Estafa
If estafa can be committed
even without resorting to
falsification, and falsification
was resorted to only to
facilitate estafa
Falsification
If falsification is essential in
the commission of estafa
such
that
without
falsification, estafa cannot be
committed
Other Falsities
Usurpation of Authority
Article 177
False pretense
RA 10
With or without pretense
Using Fictitious Name

CA 142 (Regulating the Use of Aliases)
1. Except as pseudonym (entertainment purposes and athletic
events), no person shall use name other than original or real name
unless recorded in LCR or authorized in court
2. Person desiring to use alias shall apply for judicial authority.
No person allowed to secure judicial authority for more than one
alias.
Requires public use and habituality
Perjury
Subornation of Perjury act of a person of
procuring a false witness to testify and commit
perjury; witness must first be convicted of perjury

Page 13 of 41
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
Comprehensive Dangerous Drugs Act of 2002 (RA
9165)
Crime
Importation
4
Persons Punished/Elements
1.
2.
3.
Sale,
Trading,
Administration,
Dispensatio
n, Delivery,
Distribution
, Transportation
5
Maintenanc
e of Den,
Dive or
Resort
6
Employees
and Visitors
of Den, Dive
or Resort
7
Manufacture
of DD
and/or CP
and EC
8
importer/bringer of DD and/or CP and EC,

unless authorized by law, regardless of quantity
and purity
financier
protector/coddler
Qualifying Circumstance (Maximum Penalty)

* Use of a diplomatic passport/facility or any other
means involving official status intended to facilitate
unlawful entry of the same
1.
any person who shall sell, trade, administer,
dispense, deliver, give away to another,
distribute, dispatch in transit or transport
2.
broker
3.
financier
4.
protector/coddler
Qualifying Circumstances (Maximum Penalty)
1.
within 100m from a school
2.
use of minors or mentally incapacitated as
runners, courier and messengers, or in any
other capacity directly connected to DD
and/or CP and EC
3.
victim is a minor or mentally incapacitated
4.
DD/CP and EC proximate cause of death of
victim
1.
Maintainer, owner and/or operator
* requires intent to use property for such
purpose
2.
financier
3.
protector/coddler
Qualifying Circumstances
1.
DD administered, delivered or sold to minor
who is allowed to use the same in such place
(maximum penalty)
2.
Proximate cause of death (increased penalty)
1.
Employee who is aware of nature of the place
as such
2.
Any person who is aware of the nature of the
place as such and knowingly visits the same
1.
2.
3.
Manufacturer, unless authorized by law

Financier
Protector/coddler
Manufacture
or Delivery
of
Equipment,
Instrument,
Apparatus,
and other
Paraphernali
a for DD
and/or CP
and EC
10
Possession
of DD
11
Possession
of
Equipment,
Instrument,
Apparatus
and other
Paraphernalia for DD
12
13
14
Use of DD
15
16
17
* Prima Facie Proof of Manufacture: presence of

any CP and EC or lab equipment in clandestine
laboratory
Aggravating Circumstances
1.
conducted in presence or with help of
minor(s)
2.
within 100m of residential, business, church,
or school premises
3.
clandestine lab secured or protected with
booby traps
4.
clandestine lab concealed with legit business
operations
5.
employment
of
practitioner,
chemical
engineer, public official or foreigner
Illegal Chemical Diversion of CP and EC
Illegal diverter (any person), unless authorized by
law
18
Unlawful
Prescription
of DD
19
Attempt or
Conspiracy
26
Any person who shall deliver, possess with intent

to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other
paraphernalia for DD, knowing, or under
circumstances where one reasonably should know
that it will be used
1.
to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack,
store, contain or conceal any DD and/or CP
and EC
2.
to inject, ingest, inhale or otherwise introduce
into the human body (lower penalty)
Qualifying Circumstance
* use of minor or mentally incapacitated to deliver
Any person, unless authorized by law, who shall
possess DD in the required quantities, regardless of
degree of purity
Qualifying circumstance: 13
possess or have under control any equipment, etc.
fit or intended for smoking, consuming,
administering, injecting, ingesting or introducing
any DD into the body
Prima Facie Evidence of Use possession
Qualifying circumstance: 14
Possession of DD during Parties, Social
Gatherings, or Meetings
Any person found possessing any DD, regardless
of quantity and purity
1.
during a party, social gathering or meeting, or
2.
in the proximate company of at least two
persons
Possession of E, I, A and other P for DD during P,
SG or M
A person apprehended and arrested, found
positive for use of DD, after confirmatory test
1. 1st offense subject to 6 mos. Rehabilitation
2. 2nd 6 years 1 day to 12 years and P50K to P200K
Not applicable: if 11 (possession) is applicable
Cultivation or Culture of Plants Classified as DD
or are Sources Thereof
1.
Any person who shall plant, cultivate, or
culture
2.
financer
3.
protector/coddler
Qualifying circumstance: land part of public
domain
Maintenance and Keeping of Original Records of
Transactions on DD and/or CP and EC
Practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails
to comply with maintenance/keeping
Unnecessary Prescription of DD
Practitioner
make or issue a prescription or other writing
purporting to be a prescription for any dangerous
drug
1.
importation
2.
sale, trading, administration, dispensation,
delivery, distribution, transportation
3.
maintenance of den, dive, resort where used
4.
manufacture
5.
cultivation/culture of plant sources

Page 14 of 41
Criminal
Liability of
Public
Officer or
Employee
27
Planting
Evidence
28
32
37
1.
Misappropriation, misapplication or failure to

account for confiscated, seized and/or
surrendered DD, plant sources of DD, CP and
EC, Instruments, Paraphernalia and/or Lab
Equipment including proceeds or properties
obtained form unlawful act committed
2.
elective local or national official who benefited
from proceeds of trafficking or received any
financial or material contributions or
donations
Any person planting DD, regardless of quantity
and purity (punishable by DEATH)
Violation of any Regulation issued by Board
Issuance of False or Fraudulent Drug Test Results
Person authorized, licensed or accredited who
issues knowingly or willfully or thru gross
negligence
Significant Changes
1. Penalties
a. Penalties under SPL revived (e.g. life
imprisonment) and the nomenclature of RPC
were deleted from law
Except: MINOR OFFENDERS imposable
penalty will become RP to Death, provided:
(1) offender is a minor, and
(2) violation is punished with LI to Death
* treated as crime punishable under RPC in
ISL
b. Penalty is no longer based on quantity involved
Except in case of POSSESSION
c. Use of dangerous drugs now has a graduated
penalty
d. Accessory penalties; Such rights are also
suspended during pendency of appeal from
conviction
2. Classification of Drugs now Dangerous Drugs
and
Controlled
Precursors
and
Essential
Chemicals
3. New Offenders
a. Financier any person who pays for, raises or
supplies money for, or underwrites any of the
illegal activities prescribed under the Act
b. Protector/Coddler any person who knowingly
and willfully consents to unlawful acts and uses
his influence, power or position in shielding,
harboring, screening or facilitating the escape of
any person he knows or has reasonable grounds
to believe or suspects, has violated CDDA in
order to prevent arrest, prosecution and
conviction of violator
4. New Offenses
a. Illegal chemical diversion of controlled
precursors and essential chemicals
b. Failure to maintain and keep original records or
transactions on DD and/or CP and EP
c. Attempt or conspiracy to commit any of the ff:
1) importation
2) sale,
trading,
administration,
dispensation, delivery, distribution,
transportation
3) maintenance of den, dive, resort where
used
4) manufacture
5) cultivation/culture of plant sources
5.
d. Misappropriation, misapplication or failure by a

public officer/employee to account etc.
e. Planting
f. Violation of any regulation issued by DD Board
g. Issuance of false/fraudulent drug test results
h. Violation of confidentiality of records
i. Refusal of members of law enforcement agencies
or any govt official/employee to testify as
prosecution witness in DD cases
j. Delay and Bungling in Prosecution of drug cases
Qualifying/Aggravating Circumstances
a. crime committed under influence of drugs
qualifying circumstance and rules under RPC
apply
b. Possession of DD during parties, social
gatherings or meetings aggravating in 11
c. Possession of equipment, etc. during parties,
social gatherings or meetings aggravating in
12
Nature of Violations
Malum prohibitum
Definitions
Drug Dependence state of psychic or physical
dependence or both, on a DD, arising in a person
following administration or use of that drug on a
periodic or continuous basis
Use refers to act of injecting, intravenously or
intramuscularly, or of consuming, either by
chewing, smoking, sniffing, eating, swallowing,
drinking, or otherwise introducing into the
physiological system of the body, any of the
dangerous drugs
* a drug dependent is not criminally liable for
violation of 15 (Use); this does not apply to a
person who occasionally uses the drug, as it is
not the same as drug dependence
Delivery persons act of knowingly passing a
dangerous drug to another personally or otherwise,
and by any means, with or without consideration
(necessarily involves knowledge otherwise not
liable)
Screening Test rapid test performed to establish
potential/presumptive positive result
Confirmatory Test analytical test using a device,
tool, or equipment with a different chemical or
physical principal that is more specific which will
validate and confirm result of the screening text
Drug Syndicate organized group of 2 or more
persons forming or joining together with intention
of committing any offense proscribed under this act
Planting of Evidence will act of maliciously and
surreptitiously inserting, placing or adding or
attaching directly or indirectly, thru any over or
covert act, whatever quantity of any DD and/or CP
and EC in person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this act
Prohibited Quantities

Page 15 of 41
Drug
Opium
Morphine
Heroin
Cocaine
Shabu
Marijuana
Resin
or
Resin Oil
Marijuana
Other DD
Shabu
Marijuana
Other DD
Marijuana
Other DD
Quantity
10 grams or
more
10 grams or
more
10 grams or
more
10 grams or
more
50 grams or
more
10 grams or
more
500 grams or
more
10 grams or
more
10 grams or
more but less
than 50 grams
300 grams or
more but less
than 500 grams
5 grams or more
but less than 10
grams
Less than 300
grams
Less than 5
grams
LI to Death and P500K to P10M

LI and P400K to P500K
20 years 1 day to LI and P400K to
P500K
20 years 1 day to LI and P400K to
P500K
12 years 1 day to 20 years and
P300K to P400K
12 years 1 day to 20 years and
P300K to P400K
Certain Provisions
plea-bargaining not allowed (23)
probation law not allowed for drug trafficking or
pushing, regardless of penalty imposed by court
(24)
positive finding for the use of DD shall be a
qualifying aggravating circumstance and the
application of the penalty provided for in RPC shall
be applicable (25)
attempt or conspiracy in certain acts are punishable
(26)
if committed by government officials and
employees: qualifying circumstance in all unlawful
acts (28)
if
committed
by
partnership,
corporation,
association or other juridical entity: partner,
president, director, manager, trustee, estate
administrator or officer who consents to or
knowingly tolerates violation (co-principal) (30) or
use of vehicle, etc, as instrument in importation, etc.
(30)
if committed by alien: deported immediately unless
penalty is death (31)
immunity from prosecution/punishment any
person who has violated 7, 11, 12, 14, 15, 19 who
voluntarily gives information about any violation of
4, 5, 6, 8, 10, 13 and 16 as well as any violation of
offenses mentioned if committed by drug syndicate,
or any information of whereabouts, identities and
arrest of such members; and who willingly testifies
(33)
accessory penalties (35)
Drug Rehabilitation
Voluntary Submission
drug dependent who violated 15 may, by
himself/herself or thru his/her parent, spouse,
guardian or relative within 4th degree of
consanguinity or affinity apply to Board for
treatment and rehabilitation
not less than 6 mos. But not exceeding 1 year
if rehabilitated and exempt: see requirements below
if rehabilitated but not exempted from liability:
charged under CDDA but placed on probation and
undergo community service in lieu of imprisonment
and/or fine
if not rehabilitated after 2nd commitment: charged
with violation of 15; if convicted, entitled to credit
of period of confinement in rehabilitation
Exemption from Criminal Liability under Voluntary
Submission
1. complied with rules and regulations of center,
applicable rules and regulations of board
2. never been charged or convicted under CDDA,
DDA of 1972, RPC or any SPL
3. no record of escape from center, unless he did
escape but surrendered within 1 week
4. poses no serious danger to self, family, community
Compulsory Confinement
drug dependent, upon petition by Board or any
person authorized by board, shall be confined for
rehabilitation
suspension of proceedings and transmittal of record
to Board: if drug dependent and offense charged is
less than 6 years and 1 day
if rehabilitated: returned to court and prosecution
shall be instituted or shall continue; in case of
conviction: full credit of period in rehabilitation if he
was in good behavior
if rehabilitation and offense is under 15 and
accused not a recidivist: penalty deemed served in
rehabilitation upon release therefrom
Prescription
prescription of offense does not run while under
rehabilitation
Actions Taken Upon Minor Drug Violator
1. suspended sentence first timer
2. probation or community service first timer
3. service of sentence as any other convicted person if
violation of conditions of suspended sentence or
rules and regulations
Suspension of Sentence of First Time Minor Offender
over 15 at the time of commission but not more than
18 at the time when judgment should have been
promulgated
conditions:
1) not previously convicted under CDDA, DDA,
RPC, SPL
2) not been previously committed to rehabilitation

Page 16 of 41
3) Board favorably recommends suspension of
sentence
4) may be availed of only once
under 15 PD 603
Limited Applicability of RPC
GR: RPC not applicable
Except: minor offenders penalty imposable is RP to
death if penalty prescribed is LI to death

Page 17 of 41
TITLE VI: CRIMES AGAINST PUBLIC MORALS
1.
2.
3.
4.
Gambling and Betting

Grave Scandal
Immoral Doctrines and Indecent Shows
Vagrants and Prostitutes
Crime
200
Grave
Scandal
201
Immoral
Doctrines,
Obscene
Publications
and
Exhibitions,
and
Indecent
Shows
202
Vagrants
and
Prostitutes
Elements
1.
2.
Offender performs an act(s)

Auch act(s) be highly scandalous as offending
against decency or good customs
3.
The highly scandalous conduct is not
expressly falling within any other article of
this Code
4.
Act or acts complained of be committed in a
public place or within the public knowledge
or view
Publicity is essential
Those Liable:
1.
Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals
2.
Authors of obscene literature, published with
their knowledge in any form, the editors
publishing
such
literature;
and
the
owners/operators of the establishment selling
the same
3.
Thos who, in theaters, fairs, cinematographs,
etc., exhibit indecent or immoral plays, scenes,
acts, etc. it being understood that the obscene
literature or indecent or immoral lays, etc.
whether in live or in file, which are proscribed
by virtue hereof
4.
Those who shall sell, give away, or exhibit
films, prints, engravings, sculptors, etc. which
are offensive to morals
Vagrants:
1.
Any person having no apparent means of
subsistence, who has physical ability to work
and who neglects to apply himself to some
lawful calling
2.
Any person found loitering about public or
semi-public buildings or places, or tramping
or wandering about the country or the streets
without visible means of support
3.
Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes
4.
Any person who, not being included in the
provision of other articles of this Code, shall
be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose
5.
Prostitute a woman who, for money or
profit, habitually indulge in sexual intercourse
or lascivious conduct
Grave Scandal
consists of acts which are offensive to decency and
good customs which, having been committed
publicly, have given rise to public scandal to persons
who have accidentally witnessed the same
must be directed against sense of decency, not
property
committed in public place or in public view
Immoral Doctrines
Moral conformity with the generally accepted

standards of goodness or rightness in conduct or
character
Obscene something offensive to chastity, decency,
delicacy
RA 3060
Public exhibition of motion
picture not previously passed
by Board of Censors
Malum prohibitum
Article 201
Public showing of indecent or
immoral plays, scenes, acts, or
shows, not just motion pictures
Malum in se
Vagrancy
Variant Crimes in Loitering
Vagrancy
Trespass
Property
to
Theft
(Attempted,
Frustrated or
Consummated)
If estate is not enclosed or fenced, because

privacy is not maintained in such case
Estate or premises is uninhabited and there is
manifest prohibition of the owner or overseer
against entry
Person enters fenced or enclosed estate without
consent of owner or overseer to hunt, fish or
gather plant products

Page 18 of 41
do, in consideration of gift or promise
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

1.
2.
3.
4.
5.
6.
7.
8.
Malfeasance and Misfeasance

Bribery
Frauds and Illegal Exactions and Transactions
Malversation of Public Funds and Property
infidelity in the Custody of Prisoners
Infidelity in the Custody of Documents
Revelation of Secrets
Other offenses or Irregularities by public officers
Crime
Elements
204
Knowingly
Rendering
Unjust
Judgment
205
Rendering
Judgment
Thru
Negligence
206
Rendering
Unjust
Interlocutor
y Order
1.
2.
3.
4.
Offender is a judge;
Renders a judgment
Judgment is unjust
Judge knows that his judgment is unjust
1.
2.
3.
4.
207
Malicious
Delay in the
Admin of
Justice
208
Dereliction
of Duty in
Prosecution
of Offenses
1.
2.
3.
4.
Offender is a judge;
Renders a judgment
Judgment is manifestly unjust
Due to his inexcusable negligence or
ignorance
That the offender is a judge;
That he performs any of the following acts:
a.
knowingly renders unjust interlocutory
order or decree; or
b. renders manifestly unjust interlocutory
order or decree thru inexcusable
negligence or ignorance
That the offender is a judge
That there is a proceeding in his court
That he delays the administration of justice
That the delay is malicious
209
Betrayal of
Trust by an
Attorney or
Solicitor
210
Direct
Bribery
1.
2.
Acts Punishable:
1.
Maliciously refraining from institution
prosecution against violators of the law
2.
Maliciously tolerating the commission of
offenses
Elements:
1.
Offender is a public officer who has a duty to
cause the prosecution of, or to prosecute,
offenses
2.
Dereliction of duties knowing the
commission of the crime, he does not cause
the prosecution of the criminal or knowing
that a crime is about to be committed, he
tolerates its commission
Acts Punished:
1.
By causing damage to his client, either (a) by
any malicious breach of professional duty, (b)
by inexcusable negligence or ignorance
2.
By revealing any of the secrets of his client
learned by him in his professional capacity
3.
By undertaking the defense of the opposing
party in the same case, without the consent of
his first client, after having undertaken the
defense of said first client or after having
received confidential information from said
client
Acts Punishable in Direct Bribery:
1.
By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or
present and act constituting a crime, in
connection with the performance of his official
duties
2.
By accepting a gift in consideration of the
execution of an act which does not constitute a
crime, in connection with the performance of
his official duty
3.
By agreeing to refrain, or by refraining, from
doing something which is his official duty to
211
Indirect
Bribery
211-A
Qualified
Bribery
212
Corruption
of Public
Officials
213
Frauds
Against the
Public
Treasury
and Similar
Offenses
Elements:
1.
2.
Offender accepts an offer or a promise or
receives a gift or present by himself or thru
another
3.
Such offer or promise be accepted, or gift or
present received by the public officer:
a.
with a view to committing some crime;
or
b. in consideration of the execution of an act
which does not constitute a crime, but
the act must be unjust
c.
to refrain from doing something which it
is his official duty to do
4.
Crime or act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties
1.
2.
He accepts gifts
3.
Gifts are offered to him by reason of his office
1.
Public officer entrusted with law enforcement
2.
Offender
refrains
from
arresting
or
prosecuting an offender who has committed a
crime punishable by RP and/or death
3.
Offender refrains in consideration of any
promise, gift or present
1.
Offender offers or promises or gives gifts or
presents to a public officer
2.
Such are made under circumstances that will
make public officer liable for direct or indirect
bribery
Acts Punishable:
1.
Frauds against public treasury
2.
Demanding an amount different from what
the law authorizes to be collected
3.
Voluntary failure to issue receipt
4.
Collection of the nature of payment different
from that required
Elements of Frauds against Public Treasury:
1.
Offender be public officer
2.
Taken advantage of his office, that is, he
intervened in the transaction in his official
capacity
3.
Entered into said agreement
4.
Accused had intent to defraud the
government
214
Other
Frauds
215
Prohibited
Transactions
216
Possession
of
Prohibited
Interest by a
Public
Officer
Elements of Illegal Exaction:

1.
The offender is a public officer entrusted with
the collection of taxes, licenses, fees and other
imposts
2.
He is guilty of acts 2, 3 and 4 (above in Acts
Punishable as Frauds Against Public
Treasury)
Elements of the Crime:
1.
2.
He takes advantage of his official position
3.
Commits any of the frauds or deceits (arts.
315-318)
1.
Appointive public officer
2.
He becomes interested, directly or indirectly,
in any transaction of exchange or speculation
3.
Within the territory subject to his jurisdiction
4.
During his incumbency
People Liable for Possession of Prohibited
Interest:
1.
Public officer who, directly or indirectly,
became interested in any contract or business
in which it was his official duty to intervene.
2.
Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted

Page 19 of 41
3.
217
Malversatio
n of Public
Funds or
Property
218
Failure of
Accountable
Officer to
Render
Accounts
219
Failure to
Render
Accounts
before
Leaving the
Country
220
Illegal Use
of Public
Funds or
Property
221
Failure to
Make
Delivery of
Public
Funds or
Property
222
Officers
Included in
the
Preceding
Provisions
223
Conniving
with or
Consenting
to Evasion
Guardians and executors with respect to the

property belonging to their wards or estate
Acts Punishable in Malversation:

1.
By appropriating public funds or property
2.
By taking or misappropriating the same
3.
By consenting, or thru abandonment or
negligence, permitting another to take funds
or property
4.
By
being
otherwise
guilty
of
the
misappropriation or malversation of such
funds or property
Elements Common to All Acts of Malversation:
1.
Offender be a public officer
2.
Custody or control of funds or property by
reason of the duties of his office
3.
Accountable public funds/property
4.
Appropriated, took, misappropriated or
consented
or,
thru
abandonment
or
negligence, permitted another person to take
them
1.
Offender is a public officer, whether in the
service or separated therefrom
2.
Accountable officer for public funds or
property
3.
Required by law or regulation to render
accounts to the COA, or to a provincial
auditor
4.
Failure to do so for a period of 2 months after
such accounts should be rendered
1.
2.
Accountable officer for public funds or
property
3.
Unlawfully left (or be on the point of leaving)
RP without securing from COA a certificate
showing that his accounts have been finally
settled
1.
2.
Public fund or property under his
administration
3.
Such has been appropriated by law or
ordinance
4.
He applies the same to a public use other than
that for which such has been appropriated
Acts Punishable:
1.
By failing to make payment by public officer
who is under obligation to make such
payment from Government funds in his
possession
2.
By refusing to make delivery by a public
officer who had been ordered by competent
authority to deliver any property in his
custody or under his administration
Elements of Failure to Make Payment:
1.
Public officer has govt funds in his possession
2.
Under obligation to make payment from
funds
3.
He fails to make the payment maliciously
Private Individuals who may be Liable (arts. 217221):
1.
Private individuals who, in any capacity
whatever, have charge of any national,
provincial or municipal funds, revenue, or
property
2.
Administrator or depository of funds or
property, attached, seized or deposited by
public authority, even if such property
belongs to private individual
1.
2.
He had in his custody or charge, a prisoner,
either detention prisoner or prisoner by final
judgment
3.
Such prisoner escaped from his custody
4.
In connivance with prisoner in the latters
escape
224
Evasion
Through
Negligence
225
Escape of
Prisoner
under the
Custody of a
Person not a
Public
Officer
226
Removal,
Concealment or
Destruction
of
Documents
227
Officer
Breaking
Seal
228
Opening of
Closed
Documents
229
Revelation
of Secrets by
an Officer
230
Public
Officer
Revealing
Secrets of
Private
Individual
231
Open
Disobedience
Classes of Prisoners Involved:

1.
Sentenced by final judgment
2.
Detention prisoner
1.
2.
Charged with conveyance or custody of a
prisoner (detention prisoner or prisoner by
final judgment)
3.
Such prisoner escapes thru his negligence
Liability of Escaping Prisoner:
1.
Convict by reason of final judgment Article
157
2.
Detention Prisoner no liability
1.
Offender is a private person
2.
Conveyance or custody of prisoner or person
under arrest is confided to him
3.
Prisoner or person under arrest escapes
4.
Offender consents to escape, or that the escape
takes place thru his negligence
1.
2.
Offender be a public officer

He abstracts, destroys, conceals documents,
papers
3.
Said documents/papers entrusted to such
public officer by means of his office
4.
Damage, whether serious or not, to a third
party or to the public interest should have
been caused
1.
2.
Charged with the custody of papers or
property
3.
Papers or property are sealed by proper
authority
4.
Breaks the seals or permits them to be broken
1.
That offender is a public officer
2.
That any closed papers, documents, or objects
are entrusted to his custody
3.
That he opens or permits to be opened said
closed papers, documents or objects
4.
That he does not have proper authority
Elements of No. 1:
1.
That the offender is a public officer
2.
He knows a secret by reason of his official
capacity
3.
Revelation without authority or justifiable
reasons
4.
Damage be caused to public interest
Elements of No. 2:
1.
Offender is public officer who has charge of
papers
2.
Papers should not be published
3.
Delivers papers or copies thereof to a 3rd
person
4.
Delivery is wrongful
5.
Damage be caused to public interest
1.
2.
He knows of the secrets of a private individual
by reason of his office
3.
He reveals secrets without authority or
justifiable reason
1.
2.
3.
4.
That the offender is a judicial or executive

officer
That there is a judgment, decision or order of a
superior authority
That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
legal formalities
That the offender without any legal
justification openly refuses to execute the said
judgment, decision or order, which he is duty
bound to obey

Page 20 of 41
232
Disobedienc
e to Order of
Superior
Officer,
When Said
Order was
Suspended
by Inferior
Officer
233
Refusal of
Assistance
234
Refusal to
Discharge
Elective
Office
235
Maltreatment of
Prisoners
1.
2.
3.
4.
5.
1.
2.
3.
1.
2.
3.
1.
2.
3.
236
Anticipation
of Duties of
Public
Office
1.
237
Prolonging
Performance
of Duties
and Powers
238
Abandonment of
Office or
Position
1.
2.
239
Usurpation
of
Legislative
Powers
240
Usurpation
of Executive
Functions
241
Usurpation
of Judicial
Functions
2.
3.
4.
3.
1.
2.
3.
4.

Order is issued by his superior for execution
He has for any reason suspended the
execution of such order
His superior disapproves the suspension
Offender disobeys his superior despite the
disapproval of the suspension
That the offender is a public officer

That a competent authority demands from the
offender that he land his cooperation towards
the administration of justice or other public
service
That the offender fails to do so maliciously
Offender is elected by popular election
Refuses to be sworn in or to discharge duties
No legal motive for such refusal to be sworn
in or to discharge the duties of said office
Has under his charge prisoner / detention
prisoner
Maltreats such prisoner in either of the ff
manners:
a.
overdoing correction or handling either
i.
imposition of punishments not
authorized by the regulations, or
ii.
inflicting authorized punishments
in a cruel and humiliating manner
b. Maltreating prisoner to extort a
confession or to obtain some information
from the prisoner
Offender is entitled to hold a public office or
employment,
either
by
election
or
appointment
LAW requires that he should first be sworn in
and/or should first give a bond
Assumes performance of duties and powers
He has not taken oath and/or given bond
required
Offender is holding a public office
Period provided by law, regulations or special
provisions for holding such office, has expired
Continues to exercise duties and powers
Formally resigns from his position
Resignation has not yet been accepted
Abandons his office to detriment of public
service
Qualifying Circumstance: if done in order to

evade discharge of duties of preventing,
prosecuting or punishing any of the crimes falling
within Title One, and Chapter One of Title 3 of
Book 2 (Crimes against National Security and Law
of Nations and Crimes against Public Order)
1.
That the offender is a executive or judicial
officer
2.
That he makes general rules or regulations
beyond the scope of his authority, or attempts
to repeal a law, or suspends the execution
thereof
1.
That the offender is a judge
2.
That he assumes a power pertaining to the
executive authorities, or obstructs the
executive authorities in the lawful exercise of
their powers
1.
That the offender is an officer of the executive
branch of the government
2.
That he assumes judicial powers, or obstructs
the execution of any order or decision
rendered by any judge within his jurisdiction
242
Disobeying
Request for
Disqualifica
tion
243
Orders or
Requests by
Executive
Officer to
any Judicial
Authority
244
Unlawful
Appointments
245
Abuses
Against
Chastity
1.
2.
3.
4.
1.
2.
3.
1.
2.
3.
4.
1.
2.
3.

Proceeding is pending before public officer
Question is brought before the proper
authority regarding his jurisdiction, which is
not yet decided
Lawfully required to refrain from continuing
That the offender is an executive officer
That he addressed any order or suggestion to
any judicial authority
That the order or suggestion relates to any
case or business coming within the exclusive
jurisdiction of the courts of justice
He nominates or appoints a person to public
office
Person lacks the legal qualifications therefore
Offender knows that his nominee or appointee
lacks the qualifications at the time he made the
nomination or appointment
Solicits or makes immoral or indecent
advances to a woman
That such woman must be:
a.
Interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to
or consult with a superior officer; or
b. Under the custody of the offender who is
a warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
c.
The wife, daughter, sister or relative
within the same degree by affinity of the
person in the custody of the offender
Public Officers
1. Taking part in the performance of public functions
in the Government, or performing in said
Government or in any of its branches public duties
as an employee, agent or subordinate official, of any
rank or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be:
b. by direct provision of the law, or
c. by popular election
d. by appointment by competent authority
Malfeasance and Misfeasance
Misfeasance improper performance of some act
which might lawfully be done
Malfeasance performance of an act which ought
NOT to be done
Nonfeasance omission of some act which ought to
be performed
Bribery
Prevaricacion (Art. 208) Distinguished from Bribery:
1. Both are committed by refraining doing something
which pertains to the official duty of the officer
2. In bribery, the offender refrained from doing his
official duty in consideration of a gift received or

Page 21 of 41
promised; while in crime of prevaricacion this
element is NOT necessary
Direct Bribery Distinguished from Indirect Bribery
Direct Bribery
agreement
offender agrees to perform or
performs an act or refrains from
doing something, because of the
gift or promise
Mere agreement consummates
Indirect Bribery
no agreement
it is NOT necessary that the
officer should do any particular
act or even promise to do any
act, as it is enough that he
accepts gifts offered
Acceptance consummates crime
Crimes Committed when Act Constitutes a Crime and

was Accomplished
direct bribery, in addition to crime brought about by
act
There can be attempted corruption if public officer
refused to be corrupted
Qualified Bribery
Penalty must be RP or death or RP to death; if not,
crime is dereliction of duties
Frauds and Illegal Exactions and Transactions
Illegal Exaction
If illegal amount is receipted: additional offense of
malversation
Not applicable to BIR and customs officers
Malversation of Public Funds or Property
To be guilty, public officer must have:
1. Official custody of public funds or property or the
duty to collect or receive funds due the government,
and
2. Obligation to account for them to the government
* accountable officer otherwise, crime is estafa
Presumption of Malversation
Rule: when demand is made to account for funds and
the same is not forthcoming
Provided: no issue as to accuracy, correctness and
regularity of audit findings and the fact that funds are
missing is indubitably established
Infidelity of Public Officers
Revelation Distinguished from Infidelity:
1. Papers contain Secrets revelation
2. Papers do not contain Secrets Infidelity
Infidelity in Custody of Document distinguished from
Malversation and Falsification
Malversation and Falsification when postmaster
received money orders, signed as payee, collected
and appropriated the respective amounts
Infidelity in Custody of Papers when postmaster
receives letters/envelopes containing money orders,
and MO are not sent to addressees, the postmaster
cashing the same for his own benefit

Page 22 of 41
TITLE VIII: CRIMES AGAINST PERSONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Parricide
Murder
Homicide
Death Caused in a Tumultous Affray
Physical Injuries Inflicted in a Tumultous Affray
Giving Assistance to Suicide
Discharge of Firearms
Infanticide
Intentional Abortion
Unintentional Abortion
Abortion practiced by Woman Herself or her
Parents
Abortion Practiced by Physician or Midwife and
Dispensing of Abortives
Duel
Challenging to a Duel
Mutilation
Serious Physical Injuries
Administering Injurious Substances or Beverages
Less Serious Physical Injuries
Slight Physical Injuries and Maltreatment
Rape
Crime
246
Parricide
247
Death or
Physical
Injuries
Inflicted
Under
Exceptional
Circumstances
Elements
1.
2.
3.
1.
2.
3.
248
Murder
That a person is killed

That the deceased is killed by the accused
That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or a
legitimate
other
ascendant
or
other
descendent, or the legitimate spouse, of the
accused
That a legally married person or a parent
surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in
the act of committing sexual intercourse with
another person
That he or she kills any or both, of them or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter
That he has not promoted/facilitated
prostitution of his wife or daughter, or that he
or she had not consented to the infidelity of
the other spouse
249
Homicide
251
Death
Caused in
Tumultuous
Affray
252
Physical
Injuries
Caused in
Tumultuous
Affray
253
Giving
Assistance
to Suicide
254
Discharge of
Firearms
255
Infanticide
256
Intentional
Abortion
Parricide is not punished with RP to Death:

1.
Parricide committed thru negligence (Article
365)
2.
Committed by mistake (Article 249)
3.
Committed under exceptional circumstances
1.
That a person was killed
2.
That the accused killed him
3.
That the killing was attended by any of the
qualifying circumstances mentioned in Article
248
4.
The killing is not parricide or infanticide
Murder unlawful killing of any person which is
NOT parricide or infanticide, provided ff
circumstances are present:
1.
Treachery, taking advantage of superior
strength, Aid of armed men, or Means to
weaken defense, or means/persons to
insure/afford impunity
2.
In consideration of a price, reward or promise
3.
Inundation, fire, poison, explosion, shipwreck,
stranding of vessel, derailment or assault
upon a railroad, fall of airship, motor vehicles,
257
Unintentional
Abortion
258
Abortion
Practiced by
the Woman
Herself or
by her
or any other means involving great waste and

ruin
4.
On occasion of any of the calamities
enumerated in the preceding paragraph, or
earthquake, volcanic eruption, destructive
cyclone, great waste and ruin
5.
Evident premeditation
6.
Cruelty or outraging/scoffing at person or
corpse
1.
That a person is killed
2.
Killing without justifying circumstances
3.
Accused had intention to kill, which is
presumed
4.
Killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide
1.
That there be several persons
2.
Do not compose groups organized for
assaulting
and
attacking
each
other
reciprocally
3.
Several persons quarreled and assaulted one
another in a confused and tumultuous manner
4.
That someone was killed in the course of the
affray
5.
Unascertained who actually killed deceased
6.
Person(s) who inflicted serious physical
injuries or who used violence can be identified
1.
Tumultuous affray
2.
Participant(s) suffer serious physical injuries
or physical injuries of a less serious nature
only
3.
Person responsible therefore cannot be
identified
4.
That all those who appear to have used
violence upon the person of the offended
party are known
Acts Punishable as Giving Assistance to Suicide:
1.
By assisting another to commit suicide,
whether the suicide is consummated or not
2.
By lending his assistance to another to commit
suicide to the extend of doing the killing
himself
1.
Offender discharges a firearm against or at
another person
2.
Offender has no intention to kill that person
1.
Child was killed
2.
Child was less than 3 days (72 hours) of age
3.
Accused killed the said child
Ways of Committing Intentional Abortion:
1.
Using any violence upon pregnant woman
2.
Acting without violence, without the consent
of the woman (by administering drugs or
beverages upon such pregnant woman
without her consent)
3.
Acting (by administering drugs or beverages),
with the consent of the pregnant woman
Elements:
1.
That there is a pregnant woman
2.
That violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman
3.
That as a result, the fetus dies, either in the
womb or after having been expelled therefrom
4.
That the abortion is intended
1.
That there is a pregnant woman
2.
That violence is used upon such pregnant
woman without intending an abortion
3.
That the violence is intentionally exerted
4.
That as a result, the fetus dies, either in the
womb or after having been expelled therefrom
1.
Pregnant woman who has suffered an
abortion
2.
3.
That the abortion is caused by:
a.
the pregnant woman herself
b. any other person, with her consent

Page 23 of 41
Parents
259
Abortion
Practiced by
a Physician
or Midwife
and
Dispensing
of Abortives
260
Duel
261
Challenging
to Duel
262
Mutilation
c.
Elements for Physician or Midwife

1.
Pregnant woman who has suffered an
abortion
2.
3.
That the offender, who must be a physician or
midwife, causes, or assists in causing, the
abortion
4.
That said physician or midwife takes
advantage of his or her scientific knowledge
or skill
Elements for Pharmacists:
1.
That the offender is a pharmacist
2.
No proper prescription from a physician
3.
That the offender dispenses any abortive
Acts Punishable in Duel:
1.
By killing ones adversary in duel
2.
By inflicting upon such adversary physical
injuries
3.
By making a combat although no physical
injuries have been inflicted
Acts Punished under this Article:
1.
Challenging another to a duel
2.
Inciting another to give or accept challenge to
duel
3.
By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel
1.
Intentionally mutilating another by depriving
him, either totally or partially, of some
essential organ for reproduction
a.
Castration
(mutilation
of
organs
necessary for generation such as a penis
or ovarium)
b. Mutilation
caused
purposely
or
deliberately, that is, to deprive the
offended party of some essential organ
for reproduction
2.
263
Serious
Physical
Injuries
264
Administering
Injurious
Substances
or Beverages
any of her parents, with her consent, for

the purpose of concealing her dishonor
Intentionally making other mutilation (by

lopping or clipping off any part of the body of
the offended party, other than essential organ
for reproduction) to deprive him of that part
of his body.
Serious Physical Injuries:
1.
When the injured person becomes insane,
imbecile, impotent or blind in consequence of
the physical injuries inflicted.
2.
When the injured person (a) loses the use of
speech or the power to hear or to smell, or
loses an eye, a hand, a foot, an arm, or a leg, or
(b) loses the use of any such member, or (c)
becomes incapacitated for the work in which
we were theretofore habitually engaged, in
consequence of the physical injuries inflicted.
3.
When the person injured (a) becomes
deformed, or (b) loses any other member of
his body, or (c) loses the use thereof, or (d)
becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.
4.
When the injured person becomes ill or
incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a
result of the physical injuries inflicted.
1.
That the offender inflicted upon another any
serious physical injury
2.
That it was done by knowingly administering
to him any injurious substance or beverages or
by taking advantage of his weakness of mine
or credulity
3.
That he had no intent to kill
265
Less Serious
Physical
Injuries
266
Slight
Physical
Injuries and
Maltreatment
266-A
Rape
266-B
Penalties
1.
2.
Other than less serious physical injuries and

Incapacitated for labor for 10 days or more, or
shall require medical attendance for the same
period
Qualified Less Serious Physical Injuries

1.
Paragraph 2:
a.
manifest intent to insult or offend victim
b. circumstances adding ignominy to
offense
2.
Paragraph 3:
a.
the offenders parents, ascendants,
guardians, curators or teachers
b. persons of rank or persons in authority,
provided the crime is not direct assault
Kinds of Slight Physical Injuries:
1.
Physical injuries which incapacitated the
offended party for labor from 1 to 9 days, or
required medical attendance during the same
period
2.
Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance
3.
Ill-treatment of another by deed without
causing any injury
Paragraph 1:
1.
Offender is a man
2.
Offender had carnal knowledge of a woman
3.
Such act is accomplished under any of the ff
circumstance:
a.
by using force or intimidation; or
b. when the woman is deprived of reason
or otherwise unconscious; or
c.
by means of fraudulent machination or
grave abuse of authority; or
d. when the woman is under 12 years of age
or demented
Paragraph 2:
1.
Offender commits an act of sexual assault
2.
That the act of sexual assault is committed by
any of the following means:
a.
by inserting his penis into another
persons mouth or anal orifice; or
b. by inserting any instrument or object into
the genital or anal orifice of another
person
3.
That the sexual act is accomplished under the
circumstances mentioned in paragraph 1
Reclusion Perpetua to Death
1.
use of deadly weapon or by 2 or more persons
2.
victim has become insane
Death Penalty
1.
By reason or on occasion of the rape, a
homicide is committed
2.
Victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by
consanguinity or affinity within 3rd civil
degree, or common-law spouse of the parent
of victim
3.
Victim is under custody of the police or
military authorities or any law enforcement or
penal institution
4.
Rape is committed in full view of the husband,
parent, any of the children or other relatives
within the 3rd civil degree of consanguinity
5.
Victim is a religious engaged in legitimate
religious vocation or calling and is personally
known to be such by the offender before or at
the time of the commission of the crime
6.
Victim is a child below 7 years of age.
7.
Offender knows that he is afflicted with
HIV/AIDS or any other STD and the virus or
disease is transmitted to the victim.

Page 24 of 41
8.
9.
10.
11.
266-C
Effect of
Pardon
1.
2.
266-D
Presumptions
1.
2.
Committed by any member of AFP or

paramilitary units thereof or the PNP or any
law enforcement agency or penal institution,
when offender took advantage of position to
facilitate the commission of the crime
By reason or on the occasion of the rape, the
victim has suffered permanent physical
mutilation or disability
Offender knew of the pregnancy of the
offended party at the time of the commission
of the crime
Offender knew of the mental disability,
emotional disorder and/or physical handicap
of the offended party at the time of the
commission of the crime
Subsequent valid marriage between the
offender and the offended party shall
extinguish the criminal action or the penalty
imposed.
In case it is the legal husband who is the
offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the
criminal action or the penalty
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
Where the offended party is so situated as to
render him/her incapable of giving consent
Parricide, Murder, Homicide

Parricide
Legitimate relationship except parent and child
Direct line only except spouse
Blood except for spouse
Parricide
Based on relationship
Relatives enumerated
Conspiracy cannot be applied
Separate informations necessary
Conceal dishonor not mitigating
Infanticide
Based on age of child
Strangers or relatives
* parricide yields to infanticide
Conspiracy applicable
Single information
Conceal dishonor mitigating
Murder
Homicide
Persons Liable for Death in Tumultuous Affray:

1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical
injuries on the deceased, all the persons who used
violence upon the person of the victim are liable, but
with lesser liability
Infanticide
Infanticide killing of any child less than three days of
age, whether the killer is the parent or grandparent, any
other relative of the child, or a stranger
Abortion
Fetus is still drawing life from
mother
Umbilical cord not yet cut; or
Infanticide
Victim is already a person
Umbilical cord is already cut
and infant is still alive
Intra-uterine life of less than 7
mos. and killed after 24 hours
Intra-uterine life of less than 7

mos. and is killed within 24
hours
Killing by woman to conceal dishonor is extenuating
Duel
Duel formal or regular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on each side, who makes the
selection of arms and fix all other conditions of the fight
Persons Liable in Duel:
1. Person who killed or inflicted physical injuries upon
his adversary, or both combatants in any other case,
as principles
2. Seconds, as accomplices
Physical Injuries
Use of Fire
Separate crimes of Homicide
and Arson
Murder
Arson aggravated by Homicide
Tumultuous Affray the disturbance is caused by more

than three persons who are armed or are provided with
means of violence
To conceal killing
As a means to kill
Burn a house but there was a
person who was killed
Resorted to as a joke (Ppl v.
Pugay)
Homicide
Homicide unlawful killing of any person, which is
neither parricide, murder nor infanticide
Accidental Homicide death of a person brought
about by a lawful act performed with proper care
and skill, and without homicidal intent
Corpus Delicti actual commission of the crime
charged; means that the crime was actually
perpetrated, and does not refer to the body of the
murdered person
Death or Physical Injuries in Tumultuous Affray
Serious
Insanity, imbecility,
impotence, blindness
Loss
of
speech,
hearing, smelling
Loss of eye, hand,
foot, arm, leg
Incapacitated
for
work
for
which
habitually engaged
Deformation
Lost any other part
of body or use
thereof
Illness or incapacity
for work habitually
engaged for period
of more than 90 days
Injuries
caused
illness or incapacity
for labor for more
than 30 days not
more than 90
Less Serious
Slight
Incapacitated
for
labor for 10 days or
more but not more
than 30 days
Incapacitated
for
labor from 1 to nine
days or medical
attendance for same
period
Do not prevent him
from engaging in
habitual work nor
require
medical

Page 25 of 41
attendance
Ill-treatment by deed
without injury
Physical Injuries Distinguished from Attempted or

Frustrated Homicide:
a. In both, the offender inflicts physical injuries,
however homicide may be committed, even if no
physical injuries are inflicted
b. There is no intent to kill in physical injuries
Mutilation
Ordinary Physical Injuries Distinguished from
Mutilation:
1. Mutilation must have been caused purposely and
deliberately
2. Physical Injuries this intention is not present

Page 26 of 41
TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Kidnapping and Serious Illegal Detention

Slight Illegal Detention
Unlawful Arrest
Kidnapping and Failure to Return a Minor
Inducing a Minor to Abandon his Home
Slavery
Exploitation of Child Labor
Services Rendered in Compulsion of Payment of
Debt
Abandonment of Persons in Danger and Ones Own
Victim
Abandoning a Minor
Exploitation of Minors
Qualified Trespass to Dwelling
Other Forms of Trespass
Grave Threats, Light Threats, Other Light Threats
Grave Coercions, Light Coercions
Discovery and Revelation of Secrets
Crime
267
Kidnapping
and Serious
Illegal
Detention
Elements
1.
2.
3.
4.
268
Slight
Illegal
Detention
1.
2.
269
Unlawful
Arrest
1.
2.
3.
4.
3.
270
Kidnapping
and Failure
to Return a
Minor
271
Inducing a
Minor to
Abandon
His Home
272
Slavery
273
Exploitation
of Child
Labor
274
Services
Rendered
1.
2.
1.
2.
1.
2.
1.
2.
3.
1.
Offender is a private individual

Kidnaps or detains another, or in any other
manner deprives the latter of his liberty
Act of detention or kidnapping must be illegal
Any of the following circumstances are present:
a.
Lasts for more than 3 days or;
b. Committed simulating public authority or;
c.
Any serious physical injuries are inflicted
upon the person kidnapped or detained or
threats to kill him are made; or
d. Person kidnapped or detained is a minor
(except when the accused is any of the parents),
female or a public officer.
Offender is a private individual
Kidnaps or detains another, or in any other
manner deprives him of his liberty
Act of kidnapping or detention is illegal
Crime is committed without the attendance of
any of the circumstances enumerated in Article
267
Offender arrests or detains another person
Purpose: to deliver him to the proper
authorities
Arrest or detention is not authorized by law or
there is no reasonable ground therefore
That the offender is entrusted with the custody
of a minor person (below 21 years of age)
That he deliberately fails to restore the said
minor to his parents or guardians
That a minor is living in the home of his parents
or guardian or person entrusted with his
custody
Offender induces said minor to leave such
home
Purchases, sells, kidnaps or detains a human
being.
Purpose: enslave such human being
That the offender retains a minor in his service
That it is against the will of the minor
That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody
of such minor
That the offender compels a debtor to work for
him, either as household servant or farm
laborer
Under
Compulsion
in Payment
2.
3.
275
Abandonme
nt of
Persons in
Danger and
Abandonme
nt of Ones
Own Victim
Acts Punishable:
1.
Failing to render assistance to any person
whom offender finds in an uninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense
2.
Failing to help or render assistance to another
whom the offender has accidentally wounded
or injured
3.
Failing to deliver a child, under 7 whom the
offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
1.
That the offender has the custody of a child
2.
That the child is under 7 years of age
3.
That he abandons such child
4.
No intent to kill child when the latter is
abandoned
276
Abandoning
a Minor
277
Abandonment of
Minor by
Person
Entrusted
with His
Custody;
Indifference
of Parents
278
Exploitation
of Minors
280
Qualified
Trespass to
Dwelling
281
Other Forms
of Trespass
282
Grave
Threats
That it is against the debtors will

That the purpose is to require or enforce the
payment of a debt
1.
Death resulted from such abandonment, or
2.
Life of minor was in danger because of
abandonment
Acts Punished:
1.
By delivering a minor to a public institution or
other persons without the consent of the one
who entrusted such minor to the care of the
offender or, in the absence of that one, without
the consent of the proper authorities
2.
By neglecting his (offenders) children by not
giving them the education which their station in
life requires and financial condition permits
See RA 7610 and related laws
1.
2.
3.
That the offender is a private person

That he enters the dwelling of another
That such entrance is against the latters will
Exceptions:
1.
Made for the purpose of preventing some serious
harm to himself, the occupants of the dwelling or a
3rd person
2.
Purpose is to render some service to humanity or
justice
3.
Place where entrance is made is a caf, tavern, inn,
and other public houses, while the same are still open
* Qualifying Circumstance violence or intimidation
1.
Offender enters closed premises or the fenced
estate of another
2.
Entrance is made while uninhabited
3.
That the prohibition to enter be manifest
4.
No permission of the owner or the caretaker
thereof
Acts Punished:
1.
By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even thought not unlawful, and the
offender attained his purpose
a.
Offender threatens another with the
infliction upon the latters person, honor or
property, or upon that of the latters
family, of any wrong
b. Wrong amounts to a crime
c.
Demand for money or that any other
condition is imposed, even though not
unlawful
d. Offender attains his purpose

Page 27 of 41
2.
3.
283
Light
Threats
285
Other Light
Threats
286
Grave
Coercions
287
Light
Coercions
288
Other
Similar
Coercions
289
Formation,
Maintenanc
e, and
Prohibition
of Combination of
Capital or
Labor
290
Discovery of
Secrets Thru
Seizure of
Correspondence
By making threat without attaining his purpose

By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime, the
threat not being subject to a condition
a.
Offender threatens another with the
infliction upon the latters person, honor,
or property, or upon the latters family, of
any wrong
b. Wrong amounts to a crime
c.
Threat is not subject to a condition
1.
Offender makes a threat to commit a crime
2.
Wrong does not constitute a crime
3.
Demand for money or that other condition is
imposed, even though not lawful
4.
Offender has attained or not attained his
purpose
1.
Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless in
lawful self-defense
2.
Orally threatening another, in the heat of anger,
with some harm constituting a crime, without
persisting in the idea involved in his threat
3.
Orally threatening to do another any harm not
constituting a felony
Ways to Commit:
1.
By preventing another, by means of violence,
threats or intimidation, from doing something
not prohibited by law
2.
By compelling another, by means of violence,
threats or intimidation, to do something against
his will, whether it be right or wrong
Elements:
1.
Person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his will,
be it right or wrong
2.
Prevention or compulsion be effected by
violence, threats or intimidation
3.
Person that restrained the will and liberty of
another had not the authority of law or the right
to do so, or, in other words, that the restraint
shall not be made under authority of law or in
exercise of lawful right
1.
Offender must be a creditor
2.
He seizes anything belonging to his debtor
3.
Seizure of thing accomplished by means of
violence or a display of material force
producing intimidation
4.
Purpose: apply the same to the payment of the
debt
1.
Forcing/compelling, directly/indirectly, or
knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
purchase merchandise or commodities of any
kind
2.
By paying wage due his laborer or employee by
means of tokens or objects other than the legal
tender currency of the Philippines, unless
expressly requested by such laborer or employee
1.
That the offender employs violence or threats,
in such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work
2.
That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of
laborers or lockout of employers
1.
2.
3.
4.
Offender is a private individual or even a public

officer not in the exercise of his official
functions
He seizes the papers or letters of another
Purpose: to discover secrets of such another
person
Offender is informed of the contents
291
Revealing
Secrets with
Abuse of
Office
292
Revelation
of Industrial
Secrets
Exception: parents, guardians, or persons entrusted with

the custody of minors (papers or letters of the children or
minors), or to spouses with respect to the papers or letters
of either of them
1.
Offender is a manager, employee or servant
2.
Learns of the secrets of his principal or master
in such capacity
3.
Reveals such secrets
1.
2.
3.
4.
Offender is person in charge, employee or

workman of a manufacturing or industrial
establishment
Manufacturing or industrial establishment has a
secret of the industry which the offender has
learned
Offender reveals such secrets
Prejudice is caused to the owner
Illegal Detention
Special Complex Crimes
* Effectively eliminated distinction drawn by courts between
those cases where the killing, rape or physical injuries was
purposely sought by the accused, and those where the same
was not deliberately resorted to but was merely an
afterthought
Kinds
Kidnapping with homicide
Not
separate
crimes
in
themselves but circumstances
Kidnapping with rape
Kidnapping
with
physical which convert kidnapping into
special complex crime
injuries
* this rule applicable only if kidnap victim was killed, raped or
tortured
* if 3rd person killed, raped or tortured, there will be 2 separate
offenses
* intent is determinative of the special complex crime if intent
from the very beginning is to kill, rape or torture crime is not
kidnapping but murder/homicide, rape, physical injuries
Kidnapping with Rape
Composite if woman kidnapped
is also raped
At the outset, no lewd design
Rape is qualifying circumstance
Only 1 kidnapping with rape,
even
if
multiple
rapes
committed
If merely attempted rape: 2
separate crimes: Kidnapping
and Attempted Rape
Forcible Abduction with Rape

Complex under art. 48
Kidnapping
Intent
to
liberty/restrain
Grave Coercion
Mere curtailment of freedom of
movement
deprive
At the outset, lewd design

Rape is also a crime
Only one rape complexed, all
other rapes are separate crimes
If merely attempted rape, only
one crime: Forcible Abduction
Unlawful arrest distinguished from other illegal

detention: if the purpose of locking up or detaining is to
deliver to authorities, the crime is unlawful arrest;
otherwise, it is other illegal detention
Distinguishing Article 267 and Article 270:
1. Article 267 offender is not entrusted with custody
2. Article 270 offender is entrusted with custody of
minor
Slavery
and
Kidnapping/Illegal
Detention
Distinguished:
a. Slavery purpose is to enslave victim

Page 28 of 41
b.
Kidnapping or Illegal Detention any other

purpose
Trespass to Dwelling
Dwelling Place any building or structure exclusively
devoted for rest and comfort
Trespass
to
Dwelling
Trespass to Property
Theft
Vagrancy
Inhabited
Uninhabited, clear or manifest prohibition
Purpose: fish, harvest, gather
If property not fenced, no prohibition to
enter
Unjust vexation or
light coercion
Robbery
Threat
Coercion
Intimidation immediate but conditional

coupled with demand for money or any
consideration ; intent to gain
Future and conditional
Direct, immediate and personal or serious
enough; no intent to gain

Page 29 of 41
TITLE X: CRIMES AGAINST PROPERTY
2.
1.
Robbery with Violence Against or Intimidation of

Persons
2. Robbery by the Use of Force upon Things
3. Brigandage
4. Theft
5. Usurpation
6. Culpable Insolvency
7. Swindling and Other Deceits
8. Chattel Mortgage
9. Arson and Other Crimes Involving Destruction
10. Malicious Mischief
Crime
Elements
293
Who are
Guilty of
Robbery
Classification:
1.
Robbery with violence against, or intimidation
of persons (RVAIP)
2.
Robbery with the use of force upon things
(RFUT)
a.
Robbery in Inhabited House, Public
Building or Edifice devoted to Public
Worship
b. Robbery in Uninhabited House or in a
Private Building
294
Robbery
with
Violence
Against or
Intimidation
of Persons
Elements of Robbery in General:

1.
Personal property belonging to another
2.
Unlawful taking of that property
3.
Taking must be with intent to gain
4.
Violence against or intimidation of any
person, or force upon anything
Acts Punished:
1.
By reason or on occasion of robbery, homicide
is committed, or is accompanied by rape or
intentional mutilation or arson
2.
By reason or on occasion of such robbery, any
of the serious physical injuries, 1 is
committed
3.
By reason or on occasion of such robbery, any
of serious physical injuries, 2 is committed
4.
If violence or intimidation employed in the
robbery is carried to a degree clearly
unnecessary or in the course of its execution,
offender shall have inflicted upon any person
not responsible for the robbery any of the
physical injuries in serious physical injuries,
3 and 4.
5.
If violence employed does not cause any of the
serious physical injuries defined in Art. 263, or
if the offender employs intimidation only
Distinctions Between Effects of Employment of
VAIAP and those of use FUT:
1.
Whenever violence against or intimidation of
any person is used, the taking is always
robbery; If there is no violence or intimidation,
but only FUT, taking is robbery if force is used
to either enter building or to break doors, etc.
2.
In RVAIP, value of personal property is
immaterial; penalty depends on:
a.
result of violence used
b. existence of intimidation only
3.
In RFUT, the penalty is based on:
a.
Value of property taken
b. On whether or not the offenders carry
arms
4.
In RFUT in an uninhabited building, the
penalty is based on the value of the property
taken
Requisites of Robbery under Second Case of 4:
1.
Physical injuries defined in 3 and 4 of Art.
263 was inflicted in the course of the robbery

Inflicted upon any non-robber
RVAIP under Paragraph 5 of Art. 294: called

Simple Robbery, because the violence does not
result in a special complex crime
Threats to Extort Money Distinguished from
RVAIP:
1.
Both, there is intimidation by offender
2.
Both, purpose is identical: to obtain gain
3.
In robbery, intimidation is actual and
immediate; In threats, intimidation is
conditional or future
4.
In robbery, intimidation is personal; In threats,
it may be done thru an intermediary
5.
In robbery, intimidation is directed only to
victim; In threats, intimidation may refer to
person, honor or property of offended party or
that of his family
6.
In robbery, gain of culprit is immediate; in
threats, gain is not immediate
RVAIP Distinguished from Grave Coercion:
1.
Both, there is violence used by offender
2.
In robber, there is intent to gain; in grave
coercion, there is not such element
295
Robbery
with
Physical
Injuries,
committed
Uninhabited
Place and by
a band, or
use of
Firearm
296
Definition
of a Band
and Penalty
Incurred
297
298
Execution of
Deeds thru
Violence/
Intimidation
Robbery and Bribery Distinguished:

1.
Robbery if victim did not commit a crime and
is intimidated with arrest and/or prosecution
to deprive him of his personal property;
Bribery when victim has committed a crime
and give money or gift to avoid arrest or
prosecution
2.
In
robbery,
victim
is
deprived
of
money/property by force or intimidation; in
bribery, he parts with money/property in a
sense voluntarily
Qualifying Circumstances in RVAIP:
1.
in an uninhabited place, or
2.
by a band, or
3.
by attacking a moving train, street car, motor
vehicle or airship, or
4.
by entering passengers compartments in a
train, or in any manner taking the passengers
thereof by surprise in the respective
conveyances
5.
on a street, road, highway, or alley, and the
intimidation is made with the use of firearms
Outline:
1.
Band at least 4 armed malefactors take part
in robbery
2.
Any arms is unlicensed penalty upon ALL
the malefactors shall be maximum period of
corresponding penalty provided by law
3.
Any member present at the robbery by the
band, shall be punished as principal of any of
the assaults committed by the band, unless it be
shown that he attempted to prevent the same
Requisites for Liability:
1.
Member of the band
2.
Present at commission of a robbery by that
band
3.
Other members of the band committed an
assault
4.
He did not attempt to prevent the assault
Attempted and Frustrated Robbery Committed
Under Certain Circumstances: If a homicide is
committed, punishable by RT max to RP, unless
homicide committed deserved a higher penalty
1.
That the offender has intent to defraud
another
2.
That the offender compels him to sign,
execute, or deliver any public instrument or
document

Page 30 of 41
3.
299
Robbery in
Inhabited
House or
Public
Building or
Edifice
Devoted to
Worship
300
Robbery in
Uninhabited
Place and by
a Band
301
Definitions
302
Robbery in
an
Uninhabited
Place or in a
Private
Building
Compulsion is by means of violence or

intimidation
RFUT Subdivision (a):

1.
Offender entered (a) inhabited house, (b)
public building, (c) edifice devoted to
religious worship
2.
Entrance was effected by any of the ff means:
a.
Opening
not
intended
for
entrance/egress, or
b. Breaking any wall, roof, or floor or
breaking any door or window, or
c.
Using false keys, picklocks, similar tools,
or
d. Using fictitious name or pretending the
exercise of public authority
3.
Once inside building, the offender took
personal property belonging to another with
intent to gain
RFUT Subdivision (b):
1.
Offender is inside dwelling house, public
building, or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it;
2.
Offender takes personal property belonging to
another, with intent to gain, under any of the
following circumstances:
a.
Breaking doors, wardrobes, chests, or
other locked or sealed furniture or
receptacle
b. Taking such furniture or objects away to
be broken or forced open outside the
place of the robbery
Distinction between 2 Classes of Robbery as to
their Being Qualified:
1.
RFUT to be qualified, must be committed in
an uninhabited place AND by a band
2.
RVAIP to be qualified, must be committed in
an uninhabited place OR by a band
Inhabited House any shelter, ship or vessel
constituting the dwelling or one or more persons
even though the inhabitants thereof are temporarily
absent there from when the robbery is committed
Dependencies are all interior courts, corrals,
warehouses, granaries or enclosed places
contiguous to the building or edifice, having an
interior entrance connected therewith, and which
form part of the whole
Not Included as Dependencies orchards or other
lands used for cultivation or production are not
included in the terms of the next preceding
paragraph, even if closed, contiguous to the
building, and having direct connection therewith
Public Building every building owned by the
government or belonging to a private person but
used or rented by the government, although
temporarily unoccupied by the same
1.
Offender entered an uninhabited house or
building which was not dwelling house,
public building, nor edifice devoted to
religious worship
2.
Any of the following circumstances was
present:
a.
Entrance was effected thru an opening
not intended for entrance or egress
b. Wall, roof, outside door/window was
broken
c.
Entrance was effected thru the use of
false keys, picklocks, or other similar
tools
d. A door, wardrobe, chest or any sealed or
closed furniture or receptacle was broken
e.
A closed or sealed receptacle was
removed, even if the same be broken
open elsewhere
3.
303
304
Possession
of Picklocks
or Similar
Tools
305
False Keys
306
Who are
Brigands
Penalty
That with intent to gain, the offender took

there from personal property belonging to
another
Robbery of Cereals, Fruits or Firewood

Cases enumerated in Article 299 to 302
1.
That the offender has in his possession

picklocks or similar tools
2.
That such picklocks or similar tools are
specially adopted to the commission of
robbery
3.
No lawful cause for such possession
1.
Tools mentioned in the next preceding article
2.
Genuine keys stolen from the owner
3.
Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender
Brigandage crime committed by 4 or more armed
persons who form a band of robbers for the
purpose of committing robbery in highway or
kidnapping persons for extortion or to obtain
ransom, or for any other purpose to be attained by
means of force and violence
Elements:
1.
There be at least 4 armed persons
2.
They formed a band of robbers
3.
The purpose is any of the following:
a.
To commit robbery in the highway
b. To kidnap persons for extortion or
ransom
c.
To attain by means of force and violence
any other purpose
307
Aiding and
Abetting A
Band of
Brigands
308
Who are
Liable for
Theft
Brigandage
and
Robbery
in
a
Band
Distinguished:
1.
Both require offenders to form a band
2.
Brigandage purpose is any of the 3 in Article
306; Robbery in a Band purpose is only to
commit robbery, not necessarily on the
highway
3.
Brigandage mere formation of a band for
any of the purposes mentioned is sufficient;
Robber in a Band necessary to prove band
actually committed robbery, as a mere
conspiracy is not punishable
1.
Band of brigands
2.
Offender knows the band to be of brigands
3.
That the offender does any of the following
acts:
a.
In any manner aids, abets or protects
such band of brigands; or
b. Gives information of the movements of
police or other peace officers of the
government
c.
Acquires/receives property taken by
brigands
Theft committed by any person who, with intent
to gain but without violence against or intimidation
of persons nor force upon things, shall take
personal property of another without the latters
consent
1.
Having found lost property, shall fail to
deliver the same to the local authorities or to
its owner;
2.
After having maliciously damaged the
property of another, shall remove or make use
of the fruits or object of the damage caused by
him; and
3.
Enter an enclosed estate or a filed where
trespass is forbidden or which belongs to
another and without the consent of its owner,
shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm
products
Elements:

Page 31 of 41
1.
2.
3.
4.
5.
310
Qualified
Theft
PD 1612
AntiFencing Law
311
312
Occupation
of Real
Property or
Usurpation
of Real
Rights in
Property
Taking of personal property

Property belongs to another
Taking be done with intent to gain (animus
lucrandi)
Taking be done without the consent of the
owner
Taking accomplished without violence against
or intimidation of persons or force upon
things
Stages of the Crime:

1.
Theft is consummated
a.
when offender is able to place thing
taken under his control and in such a
situation where he could dispose it at
once; or
b. when offender had full possession of
thing, even if he did not have
opportunity to dispose the same
2.
Conflicting Rulings
a.
People vs. Dino frustrated theft when
truck loaded with stolen boxes of rifles
was discovered at checkpoint
b. People vs. Espiritu consummated theft
when hospital linen was found at
checkpoint
3.
Explanation:
a.
Dino Case frustrated because
determinative
fact
to
determine
consummation is ability to dispose freely,
even if it were more or less momentarily;
should only be applied to theft of bulky
goods
b. Espiritu Case consummated because
they were able to take or get hold of linen
Theft is Qualified if:
1.
Theft is committed by domestic servant
2.
Theft is committed with grave abuse of
confidence
3.
Property stolen is a (a) motor vehicle, (b) mail
matter, or (c) large cattle (*note Cattle
Rustling)
4.
Property stolen consists of coconuts taken
from the premises of a plantation
5.
Property stolen is fish taken from
fishpond/fishery
6.
Property taken is on occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance
1.
Crime of robbery or theft has been committed
2.
Accused, who is not a principal or accomplice
in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or buys
and sells, or in any manner deals in any
article, item, object or anything of value,
which has been derived from the proceeds of
the said crime
3.
Accused knows or should have known that
the said article, item, object or anything of
value has been derived from the proceeds of
the crime of robbery or theft
4.
There is, on the part of the accused, intent to
gain fro himself or for another
Theft of Property of National Library and
National Museum
Acts Punishable:
1.
By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2.
By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons
Elements:
1.
That the offender takes possession of any real
property or usurps any real rights in property

That the real property or real rights belong to
another
3.
That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real rights in
property
4.
That there is intent to gain
Altering Boundaries or Landmarks
1.
That the offender is a debtor, that is, he has
obligations due and payable
2.
That he absconds with his property
3.
That there be prejudice to his creditors
2.
313
314
Fraudulent
Insolvency
315
Swindling
(Estafa)
Distinguished from Insolvency Law:

a.
Insolvency Law requires application
that the criminal act should have been
committed after institution of criminal
proceedings
b. Article 314 there is no such
requirement, and it is not necessary that
defendant should have been adjudged
bankrupt or insolvent
Elements of Estafa in General:
1.
Accused defrauded another (a) by abuse of
confidence or (b) by means of deceit; and
2.
Damage/prejudice capable of pecuniary
estimation is caused to the offended party or
3rd person
Ways of Committing Estafa:
1.
With unfaithfulness or abuse of confidence
2.
By means of deceit:
a.
By means of false pretenses or fraudulent
acts
b. Thru fraudulent means
Unfaithfulness or Abuse of Confidence:
1.
First Form
a.
Offender has an onerous obligation to
deliver something of value
b. He alters its substance, quantity or
quality
c.
Damage or prejudice is caused to another
2.
Second Form
a.
Money, goods, or other personal
property be received by offender in trust,
or on commission, or for administration,
or under any other obligation involving
the duty to make delivery of, or to return,
the same
b. Misappropriation/conversion of such
money or property by offender, or denial
on his part of such receipt
c.
That
such
misappropriation
or
conversion or denial is to the prejudice of
another
d. That there is demand made by the
offended party to the offender
3.
Undue advantage of Signature in Blank

a.
Paper with the signature of the offended
party be in blank
b. Offended party should have delivered it
to the offender
c.
Above the signature of offended party a
document is written by the offender
without authority to do so
d. Document so written creates a liability of,
or causes damage to offended or any 3rd
person
False Pretense or Fraudulent Acts

a.
False pretense, fraudulent
fraudulent means
b. False pretense, fraudulent
act
or
act
or

Page 32 of 41
c.
d.
1.
2.
3.
4.
5.
316
Other Forms
of
fraudulent means must be made or

executed prior to or simultaneously with
commission of the fraud
Offended party must have relied on the
false pretense, fraudulent act, or
fraudulent means, (induced to part with
his money or property)
Damage
executed prior to or simultaneously with the

commission of the fraud:
By using fictitious name, or falsely pretending
to possess power, influence, qualifications,
property, credit, agency, business or
imaginary transactions, or by means of other
similar deceits.
By altering the quality, fineness or weight of
anything pertaining to his art or business.
By pretending to have bribed any Government
employee, without prejudice to the action for
calumny which the offended party may deem
proper to bring against the offender. In this
case, the offender shall be punished by the
maximum period of the penalty.
By post-dating a check, or issuing a check in
payment of an obligation when the offender
therein were not sufficient to cover the
amount of the check. 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 pretense or fraudulent act.
a.
The offender postdated a check, or issued
a check in payment of an obligation
b. Such postdating or issuing a check was
done when the offender had no funds in
the bank, or his funds deposited therein
were not sufficient to cover the amount
of the check
Fifth Paragraph
a.
Obtaining any food, refreshment or
accommodation at a hotel, inn,
restaurant, boarding house, lodging
house or apartment house without
paying therefore, with intent to defraud
the proprietor or manager thereof
b. Obtaining
credit
any
of
said
establishments by the use of false
pretenses; or
c.
Abandoning or surreptitiously removing
any part of his baggage from any of said
establishments after obtaining credit,
food, refreshment or accommodation
therein, without paying therefore
Through any of the following fraudulent means:

1.
Inducing the Signing of any Document.
a.
Induced offender party to sign a
document
b. Deceit be employed to make him sign
c.
Offended party personally signed
document
d. Prejudice was caused
2.
By resorting to some fraudulent practice to
insure success in a gambling game.
3.
Concealment of Records
a.
A court record, office files, documents or
any other papers
b. Offender
removed,
concealed
or
destroyed any of them
c.
Offender had intent to defraud another
Other Forms of Swindling:
1.
Any person who, pretending to be owner of
any real property, shall convey, sell, encumber
Swindling
317
Swindling a
Minor
318
Other
Deceits
319
Removal,
Sale or
Pledge of
Mortgaged
Property
or mortgage the same.

a.
Thing be immovable
b. Offender who is not owner of said
property should represent that he is the
owner thereof
c.
Offender should have executed an act of
ownership (selling, leasing, encumbering
or mortgaging the real property)
d. To the prejudice of the owner or a 3rd
person
2.
Any person, who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
a.
Thing disposed of be real property
b. Offender knew that real property was
encumbered, whether recorded or not
c.
Express representation by the offender
that the real party is free from
encumbrance
d. Damage
3.
Owner of any personal property who shall
wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.
a.
Offender is the owner of personal
property
b. Property is in lawful possession of
another
c.
Offender wrongfully takes it from its
lawful possessor
d. Prejudice is caused to possessor or 3rd
person
4.
Any person who, to the prejudice of another,
shall execute any fictitious contract.
5.
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 services or labor.
6.
Surety
a.
Offender is a surety in bond given in a
criminal or civil action
b. Guaranteed the fulfillment of such
obligation with his real property or
properties
c.
He sells, mortgages, or, in any other
manner encumbers said real property
d. Such sale, mortgage, or encumbrance is
(a) without express authority from the
court, or (b) made before the cancellation
of his bond, or (c) before being relieved
from the obligation contracted by him
1.
Offender takes advantage of the inexperience
or emotions or feelings of a minor
2.
Induces such minor (a) to assume an
obligation, or (b) to give release, or (c) to
execute a transfer of any property right
3.
Consideration is (a) some loan of money, (b)
credit or (c) other personal property
4.
Transaction is to the detriment of such minor
Other Deceits:
1.
Defrauding or damaging another by any other
deceit not mentioned in the preceding articles
2.
Interpreting dreams, by making forecasts, by
telling fortunes, or by taking advantage of the
credulity of the public in any other similar
manner, for profit or gain
Acts Punishable:
1.
By knowingly removing 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 execution of the mortgage, without the
written consent of the mortgagee or his
executors, administrators or assigns
2.
By selling or pledging personal property
already pledged, or nay part thereof, under
the terms of the Chattel Mortgage Law,

Page 33 of 41
320-326B
327
Who Are
Liable for
Malicious
Mischief
328
Special
Cases of
Malicious
Mischief
(Qualified
Malicious
Mischief)
329
330
Damage and
Obstruction
to Means of
Communica
tion
331
Destroying/
Damaging
Statues,
Public
Monuments,
or Paintings
332
Persons
Exempt
from
Criminal
Liability
without the consent of the mortgagee written

on the back of the mortgage and noted on the
record thereof in the office of the register of
deeds of the province where such property is
located
Repealed by PD 1613 Amending the Law on Arson
1.
Offender deliberately caused damage to the
property of another
2.
Such act does not constitute arson or other
crimes involving destruction
3.
The act of damaging anothers property be
committed merely for the sake of damaging it.
(presupposes that the offender acted due to
hate, revenge or other motive)
Special Cases of Malicious Mischief:
1.
Causing damage to obstruct the performance
of public functions
2.
Using any poisonous or corrosive substance
3.
Spreading any infection or contagion among
cattle
4.
Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
Other Mischiefs
Penalties range according to value of damage
Electric wires, traction cables, signal system, and
other things pertaining to railways, shall be
deemed to constitute an integral part of a railway
system
1.
2.
Destroy or damage statues or any other useful

or ornamental public monuments
Destroy or damage any useful or ornamental
painting of a public nature
Exemptions:
1.
Spouses, ascendants and descendants, or
relatives by affinity in the same line
2.
Widowed spouse with respect to property
which belonged to the deceased spouse before
the same shall have passed into the possession
of another
a.
Property belongs to deceased spouse
b. Not passed into the possession of a 3rd
person
3.
Brothers and sisters and brothers-in-law and
sisters-in-law, if living together
Exception: not applicable to strangers participating in
the commission of the crime

Page 34 of 41
TITLE XI: CRIMES AGAINST CHASTITY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Adultery
Concubinage
Acts of Lasciviousness
Qualified Seduction
Simple Seduction
Acts of Lasciviousness with Consent
Corruption of Minors
White Slave Trade
Forcible Abduction
Consented Abduction
Crime
333
Who are
Guilty of
Adultery
334
Concubinage
336
Acts of
Lasciviousn
ess
337
Qualified
Seduction
Elements
1.
2.
Woman is married
Sexual intercourse with a man not her
husband
3.
That as regards the man with whom she has
sexual intercourse, he must know her to be
married
Ways of Committing Crime:
1.
By keeping a mistress in the conjugal
dwelling; or
2.
By having sexual intercourse, under
scandalous circumstances, with a woman not
his wife; or
3.
By cohabiting with her in any other place
Elements:
1.
That the man must be married
2.
That he committed any of the said acts
3.
That as regards the woman, she must know
him to be married
Elements:
1.
Any act of lasciviousness or lewdness
2.
Against a person of either sex
3.
Done
under
any
of
the
following
circumstances:
a.
By using force or intimidation
b. When offended party is deprived of
reason or otherwise unconscious
c.
By means of fraudulent machination or
grave abuse of authority
d. When offended party is under 12 years of
age or is demented
Two Classes:
1.
Seduction of a virgin over 12 and under 18
years of age by certain persons, such as, a
person in authority, priest, teacher, etc.
a.
Offended party is a virgin, which is
presumed if she is unmarried and of
good reputation
b. Over 12 and under 18 years of age
c.
Offender has sexual intercourse with her
d. Abuse of authority, confidence or
relationship on the part of the offender
2.
Seduction of a sister by her brother, or
descendant by ascendant, regardless of her
age or reputation
Offenders in qualified seduction:
a.
Those who abused their authority:
person in public authority, guardian,
teacher, person who, in any capacity, is
entrusted with the education or custody
of the woman seduced
b. Those who abused confidence reposed in
them: priest, house servant, domestic
c.
Those who abused their relationship:
brother who seduced his sister,
ascendant who seduced his descendant
338
Simple
Seduction
339
Acts of
Lasciviousn
ess with
Consent of
Offended
Party
340
Corruption
of Minors
341
White Slave
Trade
342
Forcible
Abduction
343
Consented
Abduction
344
Prosecution
of Crimes of
Adultery,
Concubinage,
Abduction,
Rape, and
Acts of
Lasciviousness
345
Civil
Liability of
Persons
Guilty of
Crimes
Against
Chastity
346
Liability of
Ascendants,
Guardians,
Teachers or
Other
Persons
Entrusted
with
Custody
1.
Offended party is over 12 and under 18 years

of age
2.
Of good reputation, single or widow
3.
Offender has sexual intercourse with her
4.
Committed by means of deceit
1.
Offender commits acts of lasciviousness
2.
Committed upon a woman who is a virgin or
single or widow of good reputation, under 18
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age
3.
Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit
1.
Offender is person under age
2.
Person promotes or facilitates prostitution or
corruption of person under age
3.
Purpose is to satisfy lust of another
Acts Penalized:
1.
Engaging in business of prostitution
2.
Profiting by prostitution
3.
Enlisting services of women for prostitution
1.
Person abducted is any woman, regardless of
her age, civil status, or reputation
2.
Abduction is against her will
3.
Abduction is with lewd designs
1.
Offender must be a virgin
2.
Over 12 and under 18 years of age
3.
Taking away must be with her consent after
solicitation or cajolery from the offender
4.
Taking away must be with lewd designs
1.
Adultery
and
concubinage
must
be
prosecuted upon complaint signed by the
offended party
2.
Seduction, abduction or acts of lasciviousness
must be prosecuted upon complaint signed
by:
a.
Offended party,
b. Her parents,
c.
Grandparents, or
d. Guardians
Pardon
1.
Adultery or Concubinage bars prosecution
of crime
effective if made:
a.
Before institution of the criminal action,
and
b. Both offenders must be pardoned by both
parties
2.
Acts of Lasciviousness, Seduction and
Abduction bars prosecution of crime
a.
must be EXPRESS
b. Before the institution of criminal action
Seduction or Abduction:
1.
To indemnify the offended woman
2.
To acknowledge offspring, unless the law
should prevent him form doing so
3.
In every case, to support the offspring
Adultery or Concubinage
Indemnify damages caused to offended
spouse
Persons Liable
cooperate as accomplices but are
punished as principals:
1.
Ascendants
2.
Guardian
3.
Curators
4.
Teachers, and
5.
Any other person, who cooperates as
accomplice with abuse of authority or
confidential relationship

Page 35 of 41
TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF

PERSONS
Crime
Elements
347
Simulation
of Births
Acts Punished:
1.
Simulation of births
2.
Substitution of one child for another
3.
Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
status
a.
Child must be legitimate (and a fully
developed and living being)
b. Offender conceals or abandons such child
c.
Offender has the intent to cause such child
to lose its civil status
Usurpation of Civil Status: when a person
represents himself to be another and assumes
filiation or parental or conjugal rights of such
another person
348
Usurpation
of Civil
Status
349
Bigamy
Qualifying Circumstance: purpose of defrauding

offended party or heirs
1.
That the offender has been legally married
2.
That the marriage has not been legally
dissolved or, in case his or her spouse is absent,
the absent spouse could not yet be presumed
dead according to the CC
3.
That he contracts a second or subsequent
marriage
4.
That the second or subsequent marriage has all
the essential requisites for validity
Differentiate Concubinage from Bigamy:
1.
Bigamy is an offense against the civil status
which may be prosecuted at the instance of the
State; Concubinage is a crime against chastity
and may be prosecuted only at the instance of
the offended party
2.
Bigamy is characterized by the celebration of
the 2nd marriage with the first still existing;
Concubinage is characterized by mere
cohabitation of the husband with a woman
350
Marriage
Contracted
Against
Provision of
Law
351
Premature
Marriages
352
Performance
of Illegal
Marriage
Ceremony
1.
2.
That the offender contracted marriage

That he knew at the time that:
a.
requirements of law not complied with; or
b. the marriage was in disregard of a legal
impediment
Persons Liable:
1.
A widow who married within 301 days from
the date of the death of her husband, or before
having delivered if she is pregnant at the time
of his death
2.
A woman, who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the period
of 301 days after the date of legal separation
Persons Liable: Priests or ministers of any religious
denomination or sect, or civil authorities

Page 36 of 41
TITLE XIII: CRIMES AGAINST HONOR
Crime
353-355
Libel by
Means of
Writing or
Similar
Means
Elements
1.
2.
3.
4.
5.
Imputation of crime, vice or defect, real or

imaginary, or any act, omission, condition,
status, or circumstance
Imputation must be made publicly
Malicious
Natural or juridical person, or one who is dead
Imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
Defamatory Imputation:
imputation may cover:
1.
Crime allegedly committed by the offended
party
2.
Vice or defect, real or imaginary, of offended
party
3.
Any act, omission, condition, status of, or
circumstances relating to the offended party
Libel public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory
of one who is dead
354
Requiremen
t for
Publicity
Imputation sufficient if it causes:

1.
Dishonor (disgrace/shame/ignominy);
2.
Discredit (loss of credit/reputation, disesteem);
or
3.
Contempt (state of being despised) of natural or
juridical person; or
4.
Blacken memory of one who is dead
Malice is Not Presumed in the Following:
1.
Private communication made by person to
another in performance of any legal, moral or
social duty
a.
Person who made communication had a
legal, moral or social duty to make
communication, or, at least, he had an
interest to be upheld
b. The communication is addressed to an
officer or a board, or superior, having
some interest or duty in the matter
c.
The statements in the communication are
made in good faith without malice (in fact)
Prohibiting
Publication
of Acts
Referred to
in the
Course of
Official
Proceedings
358
Slander
359
Slander by
Deed
360
Persons
Responsible
361
Proof of
Truth
Fair and True Report

a.
That it is a fair and true report, made in
good faith, without any comments or
remarks, of any judicial, legislative, or other
official proceedings which are not of
confidential nature, or of any statement,
report, or speech delivered in said
proceedings, or of any other act performed
by public officers in the exercise of their
functions
b. That it is made in good faith
c.
That it is without comments or remarks
Libel May be Committed:
writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means
Acts Punished:
1.
By threatening another to publish a libel
concerning him, or his parents, spouse, child, or
other members of his family
2.
By offering to prevent the publication of such
libel for compensation, or money consideration
1.
That the offender is a reporter, editor or
3.
manager of a newspaper daily or magazine

That he publishes facts connected with the
private life of another
That such facts are offensive to the honor,
virtue, and reputation of said person
Slander oral defamation

Two Kinds:
1.
Simple Slander
2.
Grave Slander
1.
That the offender performs any act not included
in any other crime against honor
2.
That such act is performed in the presence of
other person or persons
3.
That such act casts dishonor, discredit or
contempt upon the offended party
Slander by Deed crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another
person
2.
355
Libel By
Means of
Writings or
Similar
Means
356
Threatening
to Publish
and Offer to
Prevent
Such
Publication
357
2.
362
Libelous
Remarks
Kinds of Slander
1.
Simple Slander by Deed
2.
Grave Slander by Deed
1.
Person who publishes, exhibits or causes the
publication or exhibition of any defamation in
writing or similar means
2.
The author or editor of a book or pamphlet
3.
The editor or business manager of a daily
newspaper magazine or serial publication
4.
The owner of the printing plant which
publishes a libelous article with his consent and
all other person who in any way participate in
or have connection with its publication
Venue when one is a public officer
1.
With office in Manila CFI of Manila or city; or
province where the libelous article is printed
and first published
2.
Does not hold office in Manila CFI of province
or city where he held office at time of
commission of offense; or where printed and
first published
Proof of Truth is Admissible in any of the
Following:
1.
When the act or omission imputed constitutes a
CRIME regardless of whether the offended
party is a private individual or a public officer
2.
When the offended party is a government
employee, even if the act or omission imputed
does not constitute a crime, provided, it is
related to the discharge of his official duties.
Requisites of Defense of Defamation:
1.
If it appears that the matter charged as libelous
is true proof of truth in defamation is limited
to:
a.
Act or omission constituting a crime
b. Act or omission of a public officer which,
although not constituting a crime, is
related to the discharge of his duties
2.
It was published with good motives court
shall
determine
this
by
taking
into
consideration intention and other circumstances
of each particular case
3.
And for justifiable ends 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.

Page 37 of 41
363
Incriminatin
g Innocent
Person
364
Intriguing
Against
Honor
1.
2.
That the offender performs an act

That by such act he directly incriminates or
imputes to an innocent person the commission
of a crime
3.
That such act does not constitute perjury.
Intriguing against honor is committed by any person
who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation
of another person

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Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2)

GR: committed in times of war

Offender must be owing allegiance to the

Offender performs unlawful or unauthorized

Anti-Piracy and Anti-Highway Robbery (PD 532)

Committed by any person,

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Robbery, Piracy and Mutiny

Anti-Hijacking Law (RA 6235)

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Change course or destination or usurping or

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Offender is a public officer or employee

Offender is a public officer or employee

Elements Common to the Three Acts:

Illegal Detention (art. 267)

Arbitrary Detention (art. 124)

Unlawful Arrest (art. 269)

Arbitrary Detention (art. 124)

Delay in Delivery (art. 125)

Art. 129 and 130

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Art. 132 and 133

Illegal Assembly (art. 146)

Offensive to particular religion

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Rebellion, Insurrection, Coup detat, Disloyalty of

Public uprising and taking arms against Govt

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Employ force, intimidation, or other means

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Tumultuous the disturbance or interruption shall

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Rebellion, Coup detat, Sedition

Inciting to Rebellion or Sedition

Illegal Assemblies and Associations

Less Serious Physical Injuries

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Aggravating circumstance (art. 14(2))

Direct Assault vs. Resistance or Serious Disobedience

Alarms and Scandals

Discharge of firearm in public place but not

Variant Crimes in Creating Noise/Annoyance

Evasion of Service of Sentence

Evasion in Article 158

1/5 addition to remaining

Not substantive offense

If penalty remitted is 6 years or

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Forgeries (Forging Seal of Govt, Signature or Stamp

That the Great Seal of RP was counterfeited or

falsified by another person

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he introduced document in evidence in

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Complex Crime of Estafa through Falsification

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Using Fictitious Name

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importer/bringer of DD and/or CP and EC,

Qualifying Circumstance (Maximum Penalty)