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TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY


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Article 114
ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
e. Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy
Ways of proving treason:
a. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because
the law requires that 2 witnesses see the SAME OVERT ACT.
b. Confession of the accused in open court. Arraignment, pre-trial, trial OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying Im guilty is not enough.
3. Withdrawing plea of not guilty during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
Treason cannot be committed in times of peace, only in times of war actual
hostilities. But no need for declaration of war
Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)
Not Treasonous:
a. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
b. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
c. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials not treason
On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
b. Only Filipino citizens or permanent resident aliens can be held liable
c. Alien: with permanent resident status from the BID it is neither the length of
stay in the Philippines nor the marriage with a Filipino that matters.

Treason cannot be proved by circumstantial evidence or by extra-judicial confession


of the accused
Actual hostilities may determine the date of the commencement of war

No such thing as attempted treason; mere attempt consummates the crime


Giving aid or comfort material element, enhances forces of the enemy country. Acts
which strengthen or tend to strengthen the enemy in the conduct of war against the
traitors country or that which weaken and tend to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily giving aid and comfort.
Adherence and giving aid or comfort must concur together. Adherence: when a
citizen intellectually or emotionally favors the enemy and harbors convictions disloyal
to his countrys policy. But membership in the police force during the occupation is
NOT treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.
Adherence may be proved by: (1) one witness; (2) from the nature of the act itself;
(3) from the circumstances surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
If you convict a person for treason by reason of irresistible force or uncontrollable
fear, you may use Art.12. No treason through negligence
When killings and other common crimes are charged as overt act of treason, they
cannot be regarded as (1) separate crimes or (2) as complex with treason.
Article 115
CONSPIRACY TO COMMIT TREASON

ELEMENTS:
a. In time of war
b. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
c. They decide to commit it
ELEMENTS OF PROPOSAL TO COMMIT TREASON
a. In time of war
b. A person who has decided to levy war against the government, or to adhere
to the enemies and to give them aid or comfort, proposes its execution to
some other person/s.
Mere agreement and decisions to commit treason is punishable
Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.

Article 116
MISPRISION OF TREASON

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

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,

photographs or other data of a confidential nature relative to the defense of the


Philippines.

ELEMENTS:
a. 1. That the offender enters any of the places mentioned therein
2 2. That he has no authority therefore;
b. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of


the articles, data, or information referred to in paragraph 1 of Article 117, which he
had in his possession by reason of the public office holds

a. ELEMENTS: That the offender is a public officer


b. That he has in his possession the articles, data or information referred to in par 1
of art 117, by reason of the public office he holds
c. That he discloses their contents to a representative of a foreign nation
Purpose: to gather data
Espionage: the offense of gathering, transmitting, or losing information respecting the
national defense with the intent or reason to believe that the information is to be used
to the injury of the Philippines or the advantage of any foreign nation. It is not
conditioned on citizenship.
Not necessary that Philippines is at war with the country to which the information was
revealed. What is important is that the information related is connected with the
defense system of the Philippines.
Wiretapping is NOT espionage if the purpose is not something connected with the
defense
See CA 616
II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

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

Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines is not involved
b. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality
c. That the offender violates such regulation
Govt must have declared the neutrality of the Phil in a war between 2 other countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:
a. That it is in time of war in which the Philippines is involved
b. That the offender makes correspondence with an enemy country or territory
occupied by enemy troops
c. That the correspondence is either
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enemy
Circumstances qualifying the offense:
1 a. notice or information might be useful to the enemy
2 b. offender intended to aid the enemy
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to officials of enemy country
even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
Doesnt matter if correspondence contains innocent matters if prohibited,
punishable
Article 121
FLIGHT TO ENEMYS COUNTRY

ELEMENTS
a. That there is a war in which the Philippines is involved
b. That the offender (Filipino or resident alien) must be owing allegiance to the
government
c. That the offender attempts to flee or go to enemy country
d. That going to enemy country is prohibited by competent authority
Mere attempt consummates the crime
There must be a prohibition. If none, even if went to enemy country no violation
Alien resident may be guilty here.

Article 122
PIRACY

2 Ways of Committing Piracy


a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD
532)
b. By seizing the whole or part of the cargo of said vehicles, its equipment or
personal belongings of its complement or passengers
Elements:
a. That a vessel is on the high seas/Philippine waters
b. That the offenders are not members of its complement or passengers of the
vessel
c. That the offenders
1. attack or seize that vessel or (hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
High seas: any waters on the sea coast which are without the boundaries of the low
water mark although such waters may be in the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where offenders are found or
arrested
Piracy in internal waters jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy
Robbery or forcible degradation on the
high seas, without lawful authority and
done with animo furandi and in the spirit
and intention of universal hostility.

Mutiny
Unlawful resistance to a superior officer, or
the raising of commotion and disturbances
on board a ship against the authority of its
commander

Intent to gain is an element.


Attack from outside.
Offenders are Attack from the inside.
strangers to the vessel. (this is the
standing rule with the repeal of PD 532
which made it possible for any person to
commit piracy including a passenger or
complement of the vessel).
Article 123
QUALIFIED PIRACY

CIRCUMSTANCES:
a. Whenever they have seized a vessel by boarding or firing upon the same
b. Whenever the pirates have abandoned their victims without means of saving
themselves
c. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualified mutiny)
Parricide/infanticide should be included (Judge Pimentel)
Note the new rape law. Death is imposed in certain types of rape
There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 death under the new rape law. But if rape
committed on someone below 7 during the time of piracy RP to death.
Irreconcilable.
Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement
TITLE TWO

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE


Classes of Arbitrary Detention:
a. By detaining a person without legal ground
b. Delay in the delivery of detained persons to the proper judicial authorities
c. Delaying release
Article 124
ARBITRARY DETENTION
ELEMENTS:
a. That the offender is a public officer or employee (whose official duties include the
authority to make an arrest and detain persons; jurisdiction to maintain peace
and order).
b. That he detains a person (actual restraint).
c. That the detention was without legal grounds (cannot be committed if with
warrant).
Detention: when a person is placed in confinement or there is a restraint on his
person.
Though the elements specify that the offender be a public officer or employee,
private individuals who conspire with public officers can also be liable.
Legal grounds for the detention of any person:
a. commission of a crime
b. violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital
Without legal grounds:

a. he has not committed any crime or no reasonable ground of suspicion that he


has committed a crime
b. not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
Know grounds for warrantless arrest:
a. Crime is about to be, is being, has been committed
b. Officer must have reasonable knowledge that the person probably committed the
crime
For escaped prisoner no need for warrant
Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X
voluntarily admitted to the officers that he did it although he was not asked. X was
detained immediately. According to the SC, there was NO arbitrary detention. Why?
Because once X made a confession, the officers had a right to arrest him.
Continuing crime is different from a continuous crime
Ramos v. Enrile: Rebels later on retire. According to the SC, once you have
committed rebellion and have not been punished or amnestied, then the rebels
continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can
be made without a warrant because this is a continuing crime.

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS

ELEMENTS:
a. That the offender is a public officer or employee
b. That he has detained a person for some legal grounds
c. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
Really means delay in filing necessary information or charging of person detained in
court. May be waived if a preliminary investigation is asked for.
Does not contemplate actual physical delivery but at least there must be a complaint
filed. Duty complied with upon the filing of the complaint with the judicial authority
(courts, prosecutors though technically not a judicial authority, for purposes of this
article, hes considered as one.)
The filing of the information in court does not cure illegality of detention. Neither does
it affect the legality of the confinement under process issued by the court.
To escape from this, officers usually ask accused to execute a waiver which should
be under oath and with assistance of counsel. Such waiver is not violative of the
accused constitutional right.
What is length of waiver? Light offense 5 days. Serious and less serious offenses
7 to 10 days. (Judge Pimentel)
Article does not apply when arrest is via a warrant of arrest
If offender is a private person, crime is illegal detention

Arbitrary Detention (124)


Detention is illegal from the beginning.

Delay in Delivery of Detained (125)


Detention is legal in the beginning, but illegality
starts from the expiration of the specified
periods without the persons detained having
been delivered to the proper judicial authority.

Article 126
DELAYING RELEASE
ELEMENTS:

a. That the offender is a public officer or employee


b. That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the liberation
of such person
c. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the
prisoner, or
3. the proceedings upon a petition for the release of such person
Three acts are punishable:
a. delaying the performance of a judicial or executive order for the release of a
prisoner
b. delaying the service of notice of such order to said prisoner
c. delaying the proceedings upon any petition for the liberation of such person
Wardens and jailers are the persons most likely to violate this provision
Provision does not include legislation

Article 127
EXPULSION
ELEMENTS:
a. That the offender is a public officer or employee
b. That he expels any person from the Philippines, or compels a person to change
his residence
c. That the offender is not authorized to do so by law
2 acts punishable:
a. by expelling a person from the Philippines
b. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes case
Does not include undesirable aliens; destierro; or when sent to prison
If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to
change his address here
Threat to national security is not a ground to expel or change his address.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer or employee
b. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects
c. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous consent
of such owner
3. refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same
Aggravating Circumstance (medium and maximum of penalty imposed):
a. offense committed at nighttime
b. papers or effects not constituting evidence of a crime be not returned
immediately
If the offender who enters the dwelling against the will of the owner thereof is a
private individual, the crime committed is trespass to dwelling (Art 280)
When a public officer searched a person outside his dwelling without a search
warrant and such person is not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or intimidation (Art 287)

A public officer without a search warrant cannot lawfully enter the dwelling against
the will of the owner, even if he knew that someone in that dwelling is having
unlawful possession of opium
3 acts punishable:
a. person enters dwelling w/o consent or against the will
b. person enters and searches for papers and effects
c. person entered secretly and refuses to leave after being asked to
Being authorized by law means with search warrant, save himself or do some
things good for humanity
There must be expression that entry is denied or that he is asked to leave
Papers and effects need not be part of a crime.

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he procures a search warrant
c. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY
PROCURED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in executing the
same
Search warrant is valid for 10 days from its date
Search warrant is an order in writing issued in the name of the People, signed by the
judge and directed to a public officer, commanding him to search for personal
property described therein and bring it before the court
No just cause warrant is unjustified
Search limited to what is described in the warrant, all details must be with
particularity
Malicious warrant. Example. X was a respondent of a search warrant for illegal
possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
Abuse examples:
a. X owner was handcuffed while search was going-on.
b. Tank was used to ram gate prior to announcement that a search will be made
c. Persons who were not respondents were searched
Article 130
ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
a. That the offender is a public officer or employee
b. That he is armed with a search warrant legally procured
c. That he searches the domicile, papers or other belongings of any person
d. That the owner, or any member of his family, or two witnesses residing in the
same locality are not present
Order of those who must witness the search:
a. Homeowner
b. Members of the family of sufficient age and discretion
c. Responsible members of the community (cant be influenced by the searching
party)
Validity of the search warrant can be questioned only in 2 courts: where issued or
where the case is pending. Latter is preferred for objective determination.

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:
a. Offender is a public officer or employee
b. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending
any of its meetings
prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
If the offender is a private individual, the crime is disturbance of public order (Art 153)
Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or
interrupting that meeting
Meeting is subject to regulation
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its
unjust vexation
Interrupting and dissolving a meeting of the municipal council by a public officer is a
crime against the legislative body, not punishable under this article
The person talking on a prohibited subject at a public meeting contrary to agreement
that no speaker should touch on politics may be stopped
But stopping the speaker who was attacking certain churches in public meeting is a
violation of this article
Prohibition must be without lawful cause or without lawful authority
Those holding peaceful meetings must comply with local ordinances. Example:
Ordinance requires permits for meetings in public places. But if police stops a
meeting in a private place because theres no permit, officer is liable for stopping the
meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS:
a. That the officer is a public officer or employee
b. That religious ceremonies or manifestations of any religion are about to take
place or are going on
c. That the offender prevents or disturbs the same
Circumstance qualifying the offense: if committed with violence or threats
Reading of Bible and then attacking certain churches in a public plaza is not a
ceremony or manifestation of religion, but only a meeting of a religious sect. But if
done in a private home, its a religious service
Religious Worship: people in the act of performing religious rites for a religious
ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
X, a private person, boxed a priest while the priest was giving homily and while the
latter was maligning a relative of X. Is X liable? X may be liable under Art 133
because X is a private person.
When priest is solemnizing marriage, he is a person in authority, although in other
cases, hes not.

Article 133
OFFENDING RELIGIOUS FEELINGS

ELEMENTS:
a. That the acts complained of were performed
1. in a place devoted to religious feelings, or (for this element, no need of
religious ceremony, only the place is material)
2. during the celebration of any religious ceremony

b. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
c. The offender is any person
d. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
If in a place devoted to religious purpose, there is no need for an ongoing religious
ceremony
Example of religious ceremony (acts performed outside the church). Processions
and special prayers for burying dead persons but NOT prayer rallies
Acts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing or attempting to damage an object of religious
veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or
rudeness is not enough

CRIME
Prohibition,
Interruption and
Dissolution
of
Peaceful
Meeting (131)
Interruption
of
Religious
Worship (132)

Nature of Crime
Who are Liable
If Element Missing
Crime against the Public officers, If not by public officer =
fundamental law of Outsiders
tumults
the state

Crime against the Public officers, If by insider = unjust


fundamental law of Outsiders
vexation
the state
If not religious = tumult or
alarms
If not notoriously offensive
= unjust vexation
Offending
the Crime
against Public officers, If not tumults = alarms
Religious Feeling public order
private persons, and scandal
(133)
outsiders
If meeting illegal at onset
= inciting to sedition or
rebellion
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION

ELEMENTS:
a. That there be
1. public uprising and
2. taking arms against the government (force/violence)
b. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws
3 i. the territory of the Philippines or any part thereof, or
4 ii. any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially, of any of their
powers or prerogatives
Persons liable for rebellion
a. Any person who:
1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
b. Any person who, while holding any public office or employment, takes part
therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated (Note: diverting public funds is
malversation absorbed in rebellion);

10

4. Any person merely participating or executing the command of others in


rebellion
Success is immaterial, purpose is always political
Rebellion used where the object of the movement is completely to overthrow and
supersede the existing government
Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of govt authority w/ respect to particular
matters or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the accused
who is in conspiracy w/ others actually taking arms against the govt
Purpose of the uprising must be shown but it is not necessary that it be
accomplished
A change of government w/o external participation
RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual
participation. If there is no public uprising, the crime is of direct assault.
Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sufficient
Rebellion cannot be complexed with any other crime. However, illegal possession of
firearms in furtherance of rebellion is distinct from the crime of rebellion.
Furthermore, it is a continuing crime such along with the crime of conspiracy or
proposal to commit such
A private crime may be committed during rebellion. Examples: killing, possessions of
firearms, illegal association are absorbed. Rape, even if not in furtherance of
rebellion cannot be complexed
If killing, robbing were done for private purposes or for profit, without any political
motivation, the crime would be separately be punished and would not be embraced
by rebellion (People v. Fernando)
Read People v. Hernandez and Enrile v. Salazar
Person deemed leader of rebellion in case he is unknown:
Any person who in fact:
a. directed the others
b. spoke for them
c. signed receipts and other documents issued in their name
d. performed similar acts on behalf of the rebels

Article 134-A
COUP D ETAT

ELEMENTS:
a. Swift attack
b. Accompanied by violence, intimidation, threat, strategy or stealth
c. Directed against:
1.
duly constituted authorities
2.
any military camp or installation
3.
communication networks or public utilities
4.
other facilities needed for the exercise and continued possession of
power
5.
Singly or simultaneously carried out anywhere in the Philippines
6.
Committed by any person or persons belonging to the military or police or
holding any public office or employment; with or without civilian support or
participation
7.
With or without civilian support or participation
8.
Purpose of seizing or diminishing state power
Crime may be committed by a single person, any government employee and even by
civilian
Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth
Treason (114)

Rebellion (134)
11

Coup

detat Sedition (139)

(134-A)
Nature of Crime
against Crime
against Crime
C National Security Public Order
against
r
Public Order
i
m
e
Overt
levying
war Public uprising
See article.
A against the govt;
AND
c
OR
Taking up arms
t adherence
and against the govt
s giving
aid
or
comfort
to
enemies
Purpose
Deliver the govt See article.
Seizing
or
of
to enemy during
diminishing
objective war
state power.

Crime
against
Public Order

Rising publicly or
tumultuously
(caused by more
than 3 armed men
or provided with
means of violence)
See enumeration in
article.

Article 135
PENALTIES

Who are liable?


a. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
b. Any person who, while holding any public office or employment, takes part
therein
1. engaging in war against the forces of the govt
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated
c. Any person merely participating or executing the command of other in a rebellion

In Government Service
Not in Government Service
Anyone who leads, directs, commands others Anyone who participates or in an manner,
to undertake a coup.
supports, finances, abets, aids in a coup.
Serious violence is that inflicted upon civilians, which may result in homicide. It is not
limited to hostilities against the armed force.
Diverting public funds is malversation absorbed in rebellion
a. Public officer must take active part because mere silence or omission not
punishable in rebellion
b. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
c. Rebellion cannot be complexed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
d. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
a. 2 more persons come to an agreement to rise publicly and take arms against the
government
b. For any of the purposes of rebellion
c. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
ELEMENTS:
a. A person who has decided to rise publicly and take arms the government

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b. For any of the purposes of rebellion


c. Proposes its execution to some other person/s
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the
organization show conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would not
make the accused guilty of conspiracy if theres no evidence that the hearers then
and there agreed to rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

ELEMENTS:
a. Failing to resist rebellion by all the means in their power
b. Continuing to discharge the duties of their offices under the control of rebels
c. Accepting appointment to office under rebels
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then theres disloyalty.
If there are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the
people.

Article 138
INCITING TO REBELLION OR INSURRECTION

ELEMENTS:
a. That the offender does not take arms or is not in open hostility against the
government
b. That he incites others to the execution of any of the acts of rebellion
c. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
Intentionally calculated to seduce others to rebellion
There must be uprising to take up arms and rise publicly for the purposes indicated
in Art 134

Proposal to Commit Rebellion (136)


Inciting to Rebellion (138)
The person who proposes has decided to Not required that the offender
commit rebellion.
decided to commit rebellion.
The person who proposes the execution The inciting is done publicly.
of the crime uses secret means.

has

Article 139
SEDITION

ELEMENTS:
a. That the offenders rise
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
b. That they employ force, intimidation, or other means outside of legal methods
c. That the offenders employ any of those means to attain any of the following
objects:
1. to prevent the promulgation or execution of any law or the holding of any
popular election
2. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions,
or prevent the execution of any administrative order

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3. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
4. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
offended parties)
5. to despoil, for any political or social end, any person, municipality or province,
or the national government of all its property or any part thereof
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it.
Difference from rebellion object or purpose of the surprising. For sedition
sufficient that uprising is tumultuous. In rebellion there must be taking up of arms
against the government.
Sedition purpose may be either political or social. In rebellion always political
Tumultuous caused by more than 3 persons who are armed or provided with
means of violence
Preventing public officers from freely exercising their functions
In sedition offender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes
committed in that case were independent of each other.
Preventing election through legal means NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar barons
sedition
Persons liable for sedition:
a. leader of the sedition, and
b. other persons participating in the sedition

Article 142
INCITING TO SEDITION

ELEMENTS:
a. That the offender does not take a direct part in the crime of sedition
b. That he incites others to the accomplishment of any of the acts which constitute
sedition (134)
c. That the inciting is done by means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end (purpose:
cause commotion not exactly against the government; actual disturbance not
necessary)
Different acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems etc.
b. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against
the government or any of the duly constituted authorities thereof, which tend to
disturb the public peace
c. Knowingly concealing such evil practices
When punishable:
a. when they tend to disturb or obstruct any lawful officer in executing the functions
of his office; or
b. when they tend to instigate others to cabal and meet together for unlawful
purposes
c. when they suggest or incite rebellious conspiracies or riots; or
d. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES

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ELEMENTS:
a. That there be a projected or actual meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or division thereof,
or of any provincial board or city or municipal council or board
b. That the offender who may be any persons prevents such meeting by force or
fraud
Chief of Police and mayor who prevented the meeting of the municipal council are
liable under Art 143, when the defect of the meeting is not manifest and requires an
investigation before its existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS

ELEMENTS:
a. That there be a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city
or municipal council or board
b. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it
Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY

Acts punishable:
a. By using force, intimidation, threats, or frauds to prevent any member of
Congress from
1. attending the meeting of the assembly or any of its committees, constitutional
commissions or committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
b. By arresting or searching any member thereof while Congress is in a regular or
special session, except in case such member has committed a crime punishable
under the code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special
session
4. That the member searched has not committed a crime punishable under the
code by a penalty higher than prision mayor (1987 constitution: privilege from
arrest while congress in session in all offenses punishable by not more than 6
years imprisonment).
Article partly inoperative because of the 1987 Constitution
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:


a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed place or moving

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2. Audience whether armed or not, is incited to the commission of the crime of


treason, rebellion or insurrection, sedition or direct assault.
Not all the persons present at the meeting of the first form of illegal assembly must
be armed
Persons liable for illegal assembly
a. the organizers or leaders of the meeting
b. persons merely present at the meeting (except when presence is out of curiosity
not liable)
Responsibility of persons merely present at the meeting
a. if they are not armed, penalty is arresto mayor
b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision
correccional
Presumptions if person present at the meeting carries an unlicensed firearm:
a. purpose of the meeting is to commit acts punishable under the RPC
b. considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS

ELEMENTS:
a. Organized totally or partially for the purpose of committing any of the crimes in
RPC
b. Or for some purpose contrary to public morals
Persons liable:
a. founders, directors and president of the association
b. mere members of the association

Illegal Assembly (146)


Must be an actual meeting of armed
persons to commit any of the crimes
punishable under the RPC, or of individuals
who, although not armed, are incited to the
commission of treason, rebellion, sedition
or assault upon a person in authority of his
agent.
It is the meeting and the attendance at such
that are punished
Persons liable: leaders and those present

Illegal Association (147)


No need for such

Act of forming or organizing


membership in the association
Founders, directors, president
members
IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

and
and

Article 148
DIRECT ASSAULT

ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT


a. That the offender employs force or intimidation.
b. That the aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects of the crimes of sedition. (victim need not be
person in authority)
c. That there is no public uprising.
ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
b. That the person assaulted is a person in authority or his agent.
c. That at the time of the assault the person in authority or his agent (a) is engaged
in the actual performance of official duties (motive is not essential), or that he is
assaulted (b) by reason of the past performance of official duties (motive is
essential).
d. That the offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties (with intention to offend, injure or assault).
e. That there is no public uprising.
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Always complexed with the material consequence of the act (e.g. direct assault with
murder) except if resulting in a light felony, in which case, the consequence is
absorbed
Hitting the policeman on the chest with fist is not direct assault because if done
against an agent of a person in authority, the force employed must be of serious
character
The force employed need not be serious when the offended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be serious whether the offended party is an
agent only or a person in authority (ex. Pointing a gun)

Person in Authority
Agent

Force Employed
Need not be serious
Must be of serious character

Intimidation/Resistance
Serious
Serious

Person in authority: any person directly vested with jurisdiction (power or authority to
govern and execute the laws) whether as an individual or as a member of some
court or governmental corporation, board or commission
A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
Agent: is one who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, innocent party is
entitled to defend himself and cannot be held liable for assault or resistance nor for
physical injuries, because he acts in legitimate self-defense
There can be no assault upon or disobedience to one authority by another when they
both contend that they were in the exercise of their respective duties.
When assault is made by reason of the performance of his duty there is no need for
actual performance of his official duty when attacked
Circumstances qualifying the offense (Qualified Assault):
a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hand upon a person in authority
Complex crime of direct assault with homicide or murder, or with serious physical
injuries.
Direct assault cannot be committed during rebellion.

Article 149
INDIRECT ASSAULT

ELEMENTS:
a. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in ART. 148.
b. That a person comes to the aid of such authority or his agent.
c. That the offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the person in
authority because it is already direct assault, the person coming to the aid of the
person in authority being considered as an agent and an attack on the latter is
already direct assault). Example. Aiding a policeman under attack.

Article 150
DISOBEDIENCE TO SUMMONS

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Acts punishable:
a. refusing without legal excuse to obey summons
b. refusing to be sworn or placed under affirmation
c. refusing to answer any legal inquiry to produce books, records etc.
d. restraining another from attending as witness in such body
e. inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF
SUCH PERSON (par. 1)
ELEMENTS:
a. That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender.
b. That the offender resists or seriously disobeys such person in authority or his
agent.
c. That the act of the offender is not included in the provisions of arts. 148, 149 and
150.
SIMPLE DISOBEDIENCE (par. 2)
ELEMENTS:
a. That an agent of a person in authority is engaged in the performance of official
duty gives a lawful order to the offender.
b. That the offender disobeys such agent of a person in authority.
c. That such disobedience is not of a serious nature.
Direct Assault (148)
PIA or his agent must be engaged in the
performance of official duties or that he
is assaulted
Direct assault is committed in 4 ways
by attacking, employing force, and
seriously resisting a PIA or his agent.
Use of force against an agent of PIA
must be serious and deliberate.

Resistant and Disobedience to a Person in


Authority or Agents of such Person (151)
PIA or his agent must be in the actual
performance of his duties.
Committed by resisting or
disobeying a PIA or his agent.

seriously

Use of force against an agent of a PIA is not


so serious; no manifest intention to defy the
law and the officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

Persons 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.
a. Barangay captain
b. Barangay chairman
c. Teachers
d. Professors
e. Persons charged with the supervision of public or duly recognized private
schools, colleges and universities
f. Lawyers in the actual performance of their professional duties or on the occasion
of such performance
Agent of Person in Authority any person who, by direct provision of law or by
election or by appointment by competent authority, is charged with the maintenance
of public order and the protection and security of life and property.
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in authority
Section 388 of the Local Govt Code provides that for purposes of the RPC, the
punong barangay, sangguniang barangay members and members of the lupong
tagapamayapa in each barangay shall be deemed as persons in authority in their
jurisdictions, while other barangay officials and members who may be designated by

18

law or ordinance and charged with the maintenance of public order, protection and
the security of life, property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of persons in
authority shall be deemed AGENT of persons in authority.
V. CRIMES AGAINST PUBLIC DISORDERS
Article 153

TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:


a. Causing any serious disturbance in a public place, office or establishment
b. Interrupting or disturbing public performances, functions, gatherings or peaceful
meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting
peaceful meetings or religious worship).
c. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place
d. Displaying placards or emblems which provoke a disturbance of public order in
such place
e. Burying with pomp the body of a person who has been legally executed.
If the act of disturbing or interrupting a meeting or religious ceremony is NOT
committed by public officers, or if committed by public officers they are not
participants therein, this article applies. Art 131 and 132 punishes the same acts if
committed by public officers who are NOT participants in the meeting
The outcry is merely a public disorder if it is an unconscious outburst which, although
rebellious or seditious in nature, is not intentionally calculated to induce others to
commit rebellion or sedition, otherwise, its inciting to rebellion or sedition.
Tumultuous if caused by more than 3 persons who are armed or provided with
means of violence (circumstance qualifying the disturbance/interruption)
tumultuous in character

Article 154
TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
a.
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.
b.
Encouraging disobedience to the law or 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
c.
Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published officially
d.
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.
Article 155
TYPES OF ALARMS AND SCANDALS:
a. Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
b. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
c. Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusement
d. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
Charivari mock serenade or discordant noises made with kettles, tin horns etc,
designed to deride, insult or annoy

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Firearm must not be pointed at a person, otherwise, it is illegal discharge


What governs is the result, not the intent

CRIME
Nature of Crime
Tumults
and
other Crime against Public Order
Disturbances (153)
Alarms and Scandals (155)
Crime against Public Order

Who are Liable


Private
persons,
outsider
Private
persons,
outsider

Article 156
ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
a. That there is a person confined in a jail or penal establishment.
b. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
c. Offender is a private individual
Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
A policeman assigned to the city jail as guard who while off-duty released a prisoner
is liable here
It may be committed through negligence
Circumstances qualifying the offense is committed by means of violence,
intimidation or bribery.
Mitigating circumstance if it takes place outside the penal establishment by taking
the guards by surprise
VI. EVASION OF SENTENCE OR SERVICE
Article 157
ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
a. That the offender is a convict by final judgment.
b. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
c. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
A continuing offense.
Offenders not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro not acceptable
Circumstances qualifying the offense (done thru):
a. unlawful entry (by scaling)
b. breaking doors, windows, gates, walls, roofs or floors
c. using picklocks, false keys, disguise, deceit, violence or intimidation
d. connivance with other convicts or employees of the penal institution
Article 158
ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
a. That the offender is a convict by final judgement who is confined in a penal
institution.
b. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
c. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.

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d. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
Offender must escape to be entitled to allowance
Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt
Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON

ELEMENTS:
a. That the offender was a convict.
b. That he was granted a conditional pardon by the chief executive.
c. That he violated any of the conditions of such pardon.
Condition extends to special laws violation of illegal voting
Offender must have been found guilty of the subsequent offense before he can be
prosecuted under this Article. But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate offender without trial

VIOLATION OF PARDON
ORDINARY EVASION
Infringement of conditions/terms of To evade the penalty given by the courts
President
disturbs the public order

Two penalties provided:


a. prision correccional in its minimum period if the penalty remitted does not
exceed 6 years
b. the unexpired portion of his original sentence if the penalty remitted is higher
than 6 years
VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)

ELEMENTS
a. That the offender was already convicted by final judgement of one offense.
b. That he committed a new felony before beginning to serve such sentence or
while serving the same.
Quasi-recidivism : a person after having been convicted by final judgement shall
commit a new felony before beginning to serve such sentence, or while serving the
same.
Second crimes must belong to the RPC, not special laws. First crime may be either
from the RPC or special laws
Reiteracion: offender shall have served out his sentence for the prior offense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence offender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.
Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST

Article 161

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TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:


a. Forging the great seal of the Government
b. Forging the signature of the President
c. Forging the stamp of the President
When the signature of the President is forged, it is not falsification but forging of
signature under this article
Signature must be forged, others signed it not the President.

Article 162
USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
a. That the great seal of the republic was counterfeited or the signature or
stamp of the chief executive was forged by another person.
b. That the offender knew of the counterfeiting or forgery.
c. That he used the counterfeit seal or forged signature or stamp.
Offender is NOT the forger/not the cause of the counterfeiting
Article 163
ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
a. That there be false or counterfeited coins (need not be legal tender).
b. That the offender either made, imported or uttered such coins.
c. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
Coin is counterfeit if it is forged, or if it is not an article of the government as legal
tender, regardless if it is of no value
Counterfeiting imitation of legal or genuine coin (may contain more silver, different
design) such as to deceive an ordinary person in believing it to be genuine
Utter to pass counterfeited coins, deliver or give away
Import to bring to port the same
Both Philippine and foreign state coins
Applies also to coins withdrawn from circulation
Essence of article: making of coins without authority
Article 164
ELEMENTS OF MULTILATION OF COINS IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
a.
willful defacement
b.
mutilation
c.
tearing
d.
burning
e.
destruction of Central Bank notes and
coins
Mutilation to take off part of the metal either by filling it or substituting it for another
metal of inferior quality, to diminish by inferior means (to diminish metal contents).
Foreign notes and coins not included. Must be legal tender.
Must be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

2 Types
a. Possession of coin, counterfeited or mutilated by another person, with intent
to utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
b. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
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Possession does not require legal tender in foreign coins


Includes constructive possession
Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING

Acts punishable:
a. Forging or falsity of treasury/bank notes or documents payable to bearer
b. Importing of such notes
c. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
Forging by giving a treasury or bank note or document payable to bearer/order an
appearance of a true and genuine document
Falsification by erasing, substituting, counterfeiting or altering by any means the
figures and letters, words, signs contained therein
E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of
an obligation or security of the Phil
PNB checks not included here its falsification of commercial document under
Article 172
Obligation or security includes: bonds, certificate of indebtedness, bills, national bank
notes, coupons, treasury notes, certificate of deposits, checks, drafts for money,
sweepstakes money

Article 167
ELEMENTS
OF
COUNTERFEITING,
IMPORTING,
AND
UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
a. That there be an instrument payable to order or other document of credit not
payable to bearer.
b. That the offender either forged, imported or uttered such instruments.
c. That in case of uttering, he connived with the forger or importer.
Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
a. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person.
b. That the offender knows that any of those instruments is forged or falsified.
c. That he performs any of these acts
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes
Article 169
FORGERY
How forgery is committed:
a. by giving to a treasury or bank note or any instrument payable to bearer or to
order, the appearance of a true and genuine document
b. by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.
if all acts done but genuine appearance is not given, the crime is frustrated
Article 170
ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
a. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
b. That the offender (any person) alters the same.
c. That he has no proper authority therefor.
d. That the alteration has changed the meaning of the document.

23

Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies .

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

ELEMENTS:
a.
That the offender is a public officer, employee, or notary public.
b.
That he takes advantage of his official position.
c.
That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
i.
That there be an intent to imitate, or an attempt to imitate
ii.
That the two signatures or handwritings, the genuine and the
forged, bear some resemblance, to each other
(lack of similitude/imitation of a genuine signature will not be a ground
for conviction under par. 1 but such is not an impediment to conviction
under par. 2)
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
Requisites:
i.
That the offender caused it to appear in a document that a
person/s participated in an act or a proceeding; and
ii.
That such person/s did not in fact so participate in the act or
proceeding
4. Making untruthful statements in a narration of facts;
Requisites:
i.
That the offender makes in a document statements in a narration
of facts
ii. That he has a legal obligation to disclose the truth of the facts
narrated by him; (required by law to be done) and
iii. That the facts narrated by the offender are absolutely false; and
iv. That the perversion or truth in the narration of facts was made with the
wrongful intent of injuring a third person
There must be a narration of facts, not a conclusion of law. Must be on a
material matter
Legal obligation means that there is a law requiring the disclosure of the
truth of the facts narrated. Ex. Residence certificates
The person making the narration of facts must be aware of the falsity of
the facts narrated by him. This kind of falsification may be committed by
omission
5. Altering true dates. date must be essential
6. Making any alteration or intercalation in a genuine document which changes
its meaning.
Requisites:
i.
That there be an alteration (change) or intercalation (insertion) on
a document
ii.
That it was made on a genuine document
iii.
That the alteration/intercalation has changed the meaning of the
document
iv.
That the change made the document speak something false.
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to, or different from, that of the genuine original; (if no
knowledge, falsification through negligence) or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book. (genuine document)

24

d.

In case the offender is an ecclesiastical minister, the act of falsification is


committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
There is no crime of attempted or frustrated falsification of public document
Persons liable public officer, employee or notary public or ecclesiastical minister
If offender does not take advantage of his public position, he may still be liable for
falsification of documents by a private person
Document: any written statement by which a right is established or an obligation is
extinguished
Not necessary that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
Counterfeiting imitating any handwriting, signature or rubric
Feigning simulating a signature, handwriting, or rubric out of one of which does not
in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
ELEMENTS
a.
That the offender is a private individual or a public officer or employee who
did not take advantage of his official position.
b.
That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which changes
its meaning.
c.
That the falsification was committed in any public or official or commercial
document.
Under this paragraph, damage is not essential, it is presumed
Defense: lack of malice or criminal intent
The following writings are public:
a. the written acts or records of cats of the sovereign authority of official bodies and
tribunals, and of the public officers, legislative, judicial and executive, whether of
the Philippines or of a foreign country.
b. Public records kept in the Philippines.
Examples of commercial documents warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments
Cash disbursement vouchers or receipts evidencing payments are not commercial
documents
A mere blank form of an official document is not in itself a document
The possessor of falsified document is presumed to be the author of the falsification
FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT
ELEMENTS :
a. That the offender committed any of the acts of falsification, except those in
paragraph 7 and 8, enumerated in art. 171.
b. That the falsification was committed in any private document (must affect the
truth or integrity of the document)
c. That the falsification caused damage (essential element; hence, no crime of
estafa thus falsification of private document) to a third party or at least the
falsification was committed with intent to cause such damage.
Not necessary that the offender profited or hoped to profit from the falsification
A document falsified as a necessary means to commit another crime must be public,
official or commercial
25

There is no complex crime of estafa through falsification of a private document


because the immediate effect of the latter is the same as that of estafa
If the estafa was already consummated at the time of the falsification of a private
document was committed for the purpose of concealing the estafa, the falsification is
not punishable, because as regards the falsification of the private document there
was no damage or intent to cause damage.
A private document may acquire the character of a public document when it
becomes part of an official record and is certified by a public officer duly authorized
by law
The crime is falsification of public documents even if falsification took place before
the private document becomes part of the public records

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)


ELEMENTS:
a. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1
and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.
(intent to cause damage not necessary)
b. Use in any other transaction
1. that the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any of subdivisions nos.
1 and 2 of art. 172.
3. That he used such documents (not in judicial proceedings).
4. That the use of the documents caused damage to another or at least was
used with intent to cause such damage.
The user of the falsified document is deemed the author of falsification, if:
a. the use is so closely connected in time with the falsification
b. the user had the capacity of falsifying the document
Falsification of Private Documents
Prejudice to third party is an element
of the offense.

Falsification of Public/Official Documents


Prejudice to third persons is immaterial, what is
punished is the violation of public faith and
perversion of truth which the document
proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH,
MESSAGES, AND USE OF SAID FALSIFIED MESSAGES

AND

TELEPHONE

Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsifying wireless, cable, telegraph, or telephone message
2. Falsifying wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsifying wireless, cable, telegraph, or telephone message
3. Using such falsified message
Requisites:

26

a. That the accused knew that wireless, cable, telegraph, or telephone


message was falsified by any of the person specified in the first
paragraph of art. 173.
b. That the accused used such falsified dispatch.
c. That the use of the falsified dispatch resulted in the prejudice of a third
party, or that the use thereof was with intent to cause such prejudice.
The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR
SERVICE AND THE LIKE:
Persons liable:
a. Physician or surgeon who, in connection with the practice of his profession,
issued a false certificate (note: such certificate must refer to the illness or injury
of a person)
b. Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
c. Private individual who falsified a certificate under (1) and (2)
Article 175
ELEMENTS OF USING FALSE CERTIFICATES:
a. That a physician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or
similar circumstances, or a private person had falsified any of said
certificates.
b. That the offender knew that the certificate was false.
c. That he used the same.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:

Acts punishable:
a. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person
The implement confiscated need not form a complete set
Constructive possession is also punished
II. OTHER FALSITIES

Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:

2 ways of committing the crime:


a. By knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine govt or any
foreign govt.
b. By performing an act pertaining to any person in authority or public officer of
the Phil govt or foreign govt under the pretense of such official position, and
without being lawfully entitled to do so.
In usurpation of authority: The mere act of knowingly and falsely representing oneself
is sufficient. Not necessary that he performs an act pertaining to a public officer.
In usurpation of official functions: It is essential that the offender should have
performed an act pertaining to a person in authority
A public officer may also be an offender
The act performed without being lawfully entitled to do so must pertain:
a. to the govt
b. to any person in authority
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c. to any public office


Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicly.
c. That the purpose of the offender is
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
ELEMENTS (concealing true name):
a. that the offender conceals
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his identity.
Use of Fictitious Name (178)
Element of publicity must be present
Purpose is to conceal a crime, to evade the
execution of a judgement, or to cause damage

Concealing True Name (178)


Publicity not necessary
Purpose is to conceal identity

Article 179
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
a. That the offender makes use of insignia, uniform or dress.
b. That the insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member.
c. That said insignia, uniform or dress is used publicly and improperly.
an exact imitation of the dress or uniform is unnecessary
Article 180
ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
a.
That there be a criminal proceeding.
b.
That the offender testifies falsely under oath against the defendant therein.
c.
That the offender who gives false testimony knows that it is false.
d.
That the defendant against whom the false testimony is given is either
acquitted or convinced in a final judgment (prescriptive period starts at this point)
Requires criminal intent, cant be committed through negligence. Need not impute
guilt upon the accused
The defendant must at least be sentenced to a correctional penalty or a fine or must
have been acquitted
The witness who gave false testimony is liable even if the court did not consider his
testimony
Penalty is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
False testimony by negative statement is in favor of the defendant
False testimony need not in fact benefit the defendant
A statement of a mere opinion is not punishable
Conviction or acquittal is not necessary (final judgement is not necessary). The false
testimony need not influence the acquittal
A defendant who voluntarily goes up on the witness stand and falsely imputes the
offense to another person the commission of the offense is liable under this article. If
he merely denies the commission of the offense, he is not liable.
Basis of penalty: gravity of the felony charged against the defendant
Article 182

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ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:


a. That the testimony must be given in a civil case.
b. That the testimony must relate to the issues presented in said case.
c. That the testimony must be false.
d. That the false testimony must be given by the defendant knowing the same to be
false.
e. That the testimony must be malicious and given with an intent to affect the issues
presented in the said case
Not applicable when testimony given in a special proceeding (in this case, the crime
is perjury)
Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION:
a. That an accused made a statement under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath.
c. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
d. That the sworn statement or affidavit containing the falsity is required by law.

2 ways of committing perjury:


a. by falsely testifying under oath
b. by making a false statement
Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers
to non-judicial proceedings and affidavits
A false affidavit to a criminal complaint may give rise to perjury
A matter is material when it is directed to prove a fact in issue
A competent person authorized to administer an oath means a person who has a
right to inquire into the questions presented to him upon matters under his
jurisdiction
There is no perjury through negligence or imprudence since the assertion of
falsehood must be willful and deliberate
Even if there is no law requiring the statement to be made under oath, as long as it is
made for a legal purpose, it is sufficient
Perjury is an offense which covers false oaths other than those taken in the course of
judicial proceedings
False testimony before the justice of the peace during the P.I. may give rise to the
crime of perjury because false testimony in judicial proceedings contemplates an
actual trial where a judgment of conviction or acquittal is rendered
A person who knowingly and willfully procures another to swear falsely commits
subornation of perjury and the witness suborned does testify under circumstances
rendering him guilty of perjury.
The false testimony is not in a judicial proceeding

Article 184
ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness or false testimony.
b That he knew the witness or the testimony was false.
c
That the offer was made in a judicial or official proceeding.
Article applies when the offender without inducing another, but knowing him to be a
false witness, presented him and the latter testified falsely in a judicial or official
proceeding
The false witness need not be convicted of false testimony. The mere offer is
sufficient.
III. FRAUDS

29

Article 185
ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of the bidders.
c That such gifts or promise was the consideration for his refraining from taking
part in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay away from that public
auction
c That it was done by threats, gifts, promises, or any other artifice.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
Acts punished:
a. Combination to prevent free competition in the market
b. By entering into a contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or prevent by artificial means free competition in the market (It is enough that
initial steps are taken. It is not necessary that there be actual restraint of trade)
c. Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, by
combining with any person or persons to monopolize said merchandise or object
in order to alter the prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
d. Manufacturer, producer or processor or importer combining, conspiring or
agreeing with any person to make transactions prejudicial to lawful commerce or
to increase the market price of the merchandise.
Person/s liable:
a. manufacturer
b. producer
c. processor
d. importer
Crime is committed by:
a. combining
b. conspiring
c. agreeing with another person
The purpose is:
a. to make transactions prejudicial to lawful commerce
b. to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly permitted or failed to prevent commission of
above offense
Aggravated if items are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
Article 187
ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS:
a That the offender imports, sells or disposes of any of those articles or
merchandise.

30

b
c

That the stamps, brands, or marks or those articles or merchandise fails to


indicate the actual fineness or quality of said metals or alloys.
That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.

Article 188
SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK

Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or
t/m has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person,
or a colorable limitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION

Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false
description or representation, and (b) selling such goods or services
c Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of
another manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any
other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.
d That there is actual intent to deceive the public or defraud a competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)

THE DANGEROUS DRUGS ACT OF 1972


(RA No. 6425, as amended)
I.

Acts Punishable:
a. importation of prohibited drugs
b. sale, administration, delivery, distribution and transportation of prohibited
drugs
c. maintenance of a den, dive or resort for prohibited drug users
d. being employees or visitors of drug den
e. manufacture of prohibited drugs
f. possession or use
g. cultivation of plants
h. failure to comply with provisions relative to keeping of records of prescription
i. unnecessary prescription
j. possession of opium pipe and other paraphernalia
k. Importation, sale, etc. of regulated drugs
31

II.

Importation of prohibited/regulated drugs.


Sale, administration, delivery, distribution and transaction of prohibited/regulated
drugs.
Qualifying Circumstances if the victim of the offense is a minor or should a
prohibited/regulated drug involve in any offense under this section be the proximate
cause of the death of a victim thereof, the maximum penalty herein shall be imposed.
Maintenance of a den, dive, or resort for prohibited/regulated drug users.
Qualifying Circumstance where a prohibited/regulated drug is administered,
delivered, or sold to a minor who is allowed to use the same in such place, or should
a prohibited drug be the proximate cause of the death of the person using the same
in such den, dive or resort, the maximum of the penalty shall be imposed.
Manufacture of prohibited/regulated drugs.
Possession of prohibited/regulated drugs.
Cultivation of plants which are sources of prohibited drugs.
a Note: The land/portions thereof and/or greenhouses in which any of the said
plants is cultivated or cultured shall be confiscated and escheated to the State,
unless the owner thereof can prove that he did not know of such cultivation or
culture despite the exercise of due diligence on his part.
b Qualifying Circumstance if the land involved is part of the public domain, the
maximum of the penalty herein provided shall be imposed.
Failure to keep records of prescription, sales, purchases, acquisitions and/or
deliveries of prohibited/regulated drugs
Persons liable:
Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer,
Distributor, Dealer, Retailer
Unlawful prescription of prohibited/regulated drugs
Unnecessary prescription of prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated
drug for any person whose physical/physiological condition does not require the use
of thereof.
Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended
for smoking, consuming, administering, injecting, ingesting, or otherwise using opium
or any other prohibited drug, shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself, injected or used a prohibited drug.
Attempt and conspiracy to commit the following offenses:
a Importation of dangerous drugs
b Sale, administration, delivery, distribution and transportation of dangerous drugs
c Maintenance of a den, dive or resort for prohibited drugs
d Manufacture of dangerous drugs
e Cultivation or culture of plants which are sources of prohibited drugs
Other persons liable:
a If the violation of the Act is committed by a partnership, corporation, association
or any judicial person, the partner, president, director, or manager who consents
to or knowingly tolerates such violation shall be held criminally liable as coprincipal.
b Partner, president, director, manager, officer or stockholder, who knowingly
authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale, delivery, distribution or transportation of
dangerous drugs, or to the use of their equipment, machines or other instruments
in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft,
equipment, or other instrument, is owned or under the control and supervision of
the partnership, corporation, association or judicial entity to which they are
affiliated.
c Government official, employee or officer who is found guilty of planting any
dangerous drugs in the person or in the immediate vicinity of another as
evidence to implicate the latter.
For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and,

32

as such, are vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of the said
provision.
a. NOTE: They shall be considered as persons in authority id they are in the
school or within its immediate vicinity, or beyond such immediate vicinity of
they are in attendance in any school or class function in their official capacity
as school heads, supervisors or teachers.
b. Any teacher or school employee who discovers or finds that any person in the
school or within its immediate vicinity is violating this Act shall have the duty
to report the violation to the school head or supervisor who shall, in turn,
report the matter to the proper authorities. Failure to report in either case
shall, after hearing, constitute sufficient cause for disciplinary action. (Sec.
28)

III.

Rules:
a. Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation by the drug dependent himself or through his parent, guardian or
relative within the 4th civil degree of consanguinity or affinity, in a center and
compliance with such conditions therefor as the Dangerous Drugs Board may
prescribe shall exempt from criminal liability for possession or use of the
prohibited/regulated drug.
b. Should the drug dependent escape from the center, he may submit himself for
confinement within 1 week from the date of his escape, of his parent guardian or
relative may, within the same period surrender him for confinement.
c. Upon application of the Board, the Court shall issue an order for recommitment if
the drug dependent does not resubmit himself for confinement or if he is not
surrendered for recommitment.
d. If, subsequent to such recommitment, he should escape again, he shall no longer
be exempt from criminal liability for the use or possession of any dangerous drug.
e. If a person charged with an offense is found by the fiscal or by the Court at any
stage of the proceedings, to be a drug dependent, the fiscal or court as the case
may be, shall suspend all further proceedings and transmit records of the case to
the Board.
f. After his rehabilitation, he shall be prosecuted for such violation. In case of
conviction, the judgement shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that he shall be
given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the
accused is not a recidivist, the penalty thereof shall be deemed to have been
served in the center upon his release therefrom.
g. The period of prescription of the offense charged shall not run during the time
that the respondent/accused is under detention or confinement in a center.
h. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of
the offense but not more than 21 years of age when the judgement should
have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or
of the RPC or placed on probation.
Sentence shall be deferred and the accused shall be placed on probation
under the supervision of the Board.
In case of violation of conditions of pardon, court shall pronounce
judgement of conviction and he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed
upon expiration of the designated period.
Notes:
a Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of
the plants is cultivated confiscated and escheated to the State. UNLESS:

33

owner can prove that he had no knowledge of the cultivation despite due
diligence
b If land is part of the public domain maximum penalty imposed
c Possession of opium pipe and other paraphernalia prima facie evidence that
the possessor has smoked, consumed, administered himself, used prohibited
drugs
d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M
apply when:
Opium
40 grams up
Morphine
40 grams up
Shabu
200 grams up
Heroin
40 grams up
Indian hemp
750 grams up
MJ resin
50 grams up
Cocaine
40 grams up
Other drugs
Quantity far beyond therapeutic requirement
(if quantity is less than prescribed penalty is PC to RP depending upon
the quantity)
e RA 7659 PD 1619 Possession and Use of Volatile Substances
1. mere attempt to sell, import already a crime under Article 6
2. conspiracy to sell, deliver, import already a crime under Article 8
f Buy Bust Operation no law or rule to require policemen to adopt a uniform way
of identifying BUY MONEY (P v. Abedes)
g Absence of ultraviolet power is not fatal in the prosecution
h Transportation/importation of MJ immaterial whether there may or may not be a
distinction for the MJ
i Distinguish Entrapment and Instigation:
1. If prosecution can prove the crime without presenting the informer or asset
not necessary because their testimonies are merely corroborative. Poseur
buyer it depends on whether the prosecution can prove the crime without
their testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been
committed while the accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs the accused must be aware that what
he is selling or delivering was prohibited drug. But the moment the fact of sale
or delivery is proved by prosecution, the burden to prove that the accused is
not aware that drugs are prohibited falls on the defense (P v. Aranda)
4. P v. Angelito Manalo burden of proving the authority to possess shabu is a
matter of defense
5. P v. Hilario Moscaling court may take judicial notice of the word shabu
6. Criminal liabilities of a policeman who sold the drugs confiscated from a
pusher: violation of RA 6425 and malversation under RPC.
j Planting evidence to implicate another
k Buy Bust Operation form of entrapment (P v. Alberto) not necessary to have
prior police surveillance (P v. Carlos Franca)
l Possession constructive or actual not necessary to adduce the marked
money as evidence (P v. Romeo Macara)
m Separate crimes sale/possession of MT found in his possession after he was
frisked but he cant be convicted for possession of MJ that he sold
n If victim is minor or drug is proximate cause of death max penalty is imposed
under Sec 4, 5, 15, 15-a
1. If imposable penalty: RP to death no plea bargaining
2. If offender: government official, employees, officers or found guilty of planting
evidences same penalty
3. First offense of a minor suspension of sentence

under 18 at time of commission but not more than 21 at time when


judgment was promulgated

found guilty of possession or use of prohibited or regulated drugs

not been previously convicted of violating any provision of this Act or


the RPC

not been placed on probation

defer sentence, place on probation for 6 months to 1 year

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violation of probation pronounce sentence convict and serve


sentence
no violation discharge him and dismiss the proceeding
if minor is drug dependent commit to a center for treatment and
rehabilitation
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)


1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
3. Illegal gambling
PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483

Acts Punishable:
a.
Betting: Betting money or any object or article of value of representative value
upon the result of any game, races and other sports contests.
b.
Game-fixing: any arrangement, combination, scheme or agreement by which
the result of any game, races, or sports contests shall be predicated and/or
known other than on the basis of the honest playing skill or ability of the players
or participants.
c.
Point-shaving: any such arrangement combination, scheme or agreement by
which the skill or ability of any player or participant in a fame, races, or sports
contests to make points of scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team, player or participant.
d.
Game Machination: any other fraudulent, deceitful, unfair or dishonest
means, method, manner or practice employed for the purpose of influencing the
result of any game, races or sports contest.

COCKFIGHTING LAW OF 1974


PD 449
I.
II.

Scope This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
Rules:
A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed
to own, manage and operated cockpits.
B. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
C. Cockpits shall be constructed and operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
D. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays
and legal holidays and during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of 3 days upon resolution of
the province, city or municipality where such fair, carnival or exposition is
to be held, subject to the approval of the Chief of Constabulary or his
authorized representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall
be allowed within the month of the local fiesta or for more than 2
occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June 12,November 30,
Holy Thursday, Good Friday, Election Day and during registration days for
such election/referendum.

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3. If the purpose is for the entertainment of foreign dignitaries or for tourists,


or for returning balikbayans, or for the support of national fund-raising
campaigns for charitable purposes as may be authorized by the Office of
the President upon resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or parks.
Limitations: This privilege shall be extended for only one time, for a period
not exceeding 3 days, within a year to a province, city or municipality.
E. No gambling of any kind shall be permitted on the premises of the cockpit or
place of cockfighting during cockfights.
F. City or municipal mayors are authorized to issue licenses for the operation
and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200
ELEMENTS OF GRAVE SCANDAL:
a. Offender performs an act
b. Act is highly scandalous as offending against decency or good customs
c. Highly scandalous conduct does not expressly fall within any other article of
the RPC
d. Committed in a public place or within the public knowledge or view. (The
public view is not required, it is sufficient if in public place. For public
knowledge, it may occur even in a private place; the number of people who
sees it is not material).
Grave scandal: consists of acts which are offensive to decency and good customs.
They are committed publicly and thus, give rise to public scandal to persons who
have accidentally witnessed the acts
Decency: means properly observing the requirements of modesty, good taste etc
Customs: refers to established usage, social conventions carried on by tradition and
enforced by social disapproval in case of violation
If the acts complained of are punishable under another provision of the RPC, Art 200
is not applicable
The essence of grave scandal is publicity and that the acts committed are not only
contrary to morals and good customs but must likewise be of such character as to
cause public scandal to those witnessing it.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:

Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public
morals
b. Authors of obscene literature, published with their knowledge in any form
c. Editors publishing such obscene literature
d. Owners or operators of establishments selling obscene literature
e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other place
f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals
Morals: implies conformity to generally accepted standards of goodness or rightness
in conduct or character
Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds
of those who are open to immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of men as indecency.
However, Art 201 enumerates what are considered as obscene literature or immoral
or indecent plays, scenes or acts:
a. those w/c glorify criminals or condone crimes

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b. those w/c serve no other purpose but to satisfy the market for violence, lust or
pornography
c. those w/c offend against any race or religion
d. those w/c tend to abet the traffic in and the use of prohibited drugs
e. those that are contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts
Mere nudity in paintings and pictures is not obscene
Pictures w/ a slight degree of obscenity having no artistic value and intended for
commercial purposes fall within this article
Publicity is an essential element
Article 202
VAGRANTS AND PROSTITUTES:

Who are considered vagrants:


a. Those who have no apparent means of subsistence and who have the
physical ability to work yet neglect to apply themselves to some useful calling
b. Persons found loitering around public and semi-public places without visible
means of support
c. Persons tramping or wandering around the country or the streets with no
visible means of support
d. Idle or dissolute persons lodging in houses of ill-fame
e. Ruffians or pimps and those who habitually associate with prostitutes (may
include even the rich)
f. Persons found loitering in inhabited or uninhabited places belonging to
others, without any lawful or justifiable reason provided the act does not fall
within any other article of the RPC

If fenced and with prohibition of entry


If fenced and entered to hunt/fish
If not fenced and with no prohibition of entry

Trespass to dwelling
Attempted theft
Vagrancy

Who are considered prostitutes - refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS

Article 203
WHO ARE PUBLIC OFFICERS:
a. Takes part in the performance of public functions in the Government, or
b. Performs public duties as an employee, agent or subordinate official in the
govt or any of its branches
Notes:
a. Public officer must derive his authority from:
b. direct provision of law
c. popular election
d. appointment by competent authority
e. Public officers: embraces every public servant from the lowest to the highest
rank
f. A government laborer is not a public officer. However, temporary performance
by a laborer of public functions makes him a public officer
g. Misfeasance: means improper performance of an act which might be properly
be performed
h. Malfeasance: means performance of an act which ought not to be done
i. Nonfeasance: means omission of an act which ought to be done
MALFEASANCE AND MISFEASANCE IN OFFICE

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Malfeasance
Misfeasance
Nonfeasance

Doing of an act which a public officer should not have done


Improper doing of an act which a person might lawfully do
Failure of an agent to perform his undertaking for the principal

ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT:


a. Offender is a judge
b. Renders a judgment in the case submitted to him for judgment
c. Judgment is unjust
d. Knowledge that the decision is unjust
Notes:
a. Judgment: is a final consideration and determination by a court of competent
jurisdiction of the issues submitted to it in an action or proceeding
b. Unjust judgment: one which is contrary to law, or not supported by the
evidence, or both
c. An unjust judgment may result from:
1. error (with bad faith)
2. ill-will or revenge
3. bribery
d. There must be evidence that the decision rendered is unjust. It is not
presumed
e. Abuse of discretion or mere error of judgment cannot likewise serve as basis
for rendering an unjust judgment in the absence of proof or even an
allegation of bad faith (motive or improper consideration).

Article 205
ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
a. Offender is a judge
b. Renders a judgment in a case submitted to him for decision
c. Judgment is manifestly unjust
d. Due to inexcusable negligence or ignorance
Manifestly unjust judgment: one that is so contrary to law that even a person having
meager knowledge of the law cannot doubt the injustice
Article 206
ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
a. That the offender is a judge.
b. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.
Interlocutory order: one issued by the court deciding a collateral or incidental matter.
It is not a final determination of the issues of the action or proceeding
Article 207
ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
a. That the offender is a judge.
b. That there is a proceeding in his court.
c. That he delays the administration of justice.
d. That the delay is malicious, that is, the delay is caused by the judge with
deliberate intent to inflict damage on either party in the case.
Mere delay without malice is not punishable
Article 208
ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
a. That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute offenses.
b. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
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c. That the offender acts with malice and deliberate intent to favor the violator of
the law.
PREVARICACION: negligence and tolerance in the prosecution of an offense
There must be a duty on the part of the public officer to prosecute or move for the
prosecution of the offender. Note however, that a fiscal is under no compulsion to file
an information based upon a complaint if he is not convinced that the evidence
before him does not warrant filing an action in court
The crime must be proved first before an officer can be convicted of dereliction of
duty
A public officer who harbors, conceals, or assists in the escape of an offender, when
it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an accessory
Article not applicable to revenue officers

Article 209
ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT):
a. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
b. Revealing any of the secrets of his client learned by him in his professional
capacity (damage not necessary)
c. Undertaking the defense of the opposing party of the 1st client and/or having
received confidential information from the latter and without the latters
consent (damage not necessary)
Article 210
ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a public officer within the scope of Art 203
b. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
c. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not
necessary) or
2. in consideration of an execution if an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is necessary),
or
3. to refrain from doing something which is his official duty to do
d. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties
For purposes of this article, temporary performance of public functions is sufficient to
constitute a person a public officer. A private person may commit this crime only in
the case in which custody of prisoners is entrusted to him
Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts
or any other person performing public duties
Cannot be frustrated, only attempted or consummated.
Bribery exists when the gift is:
a. voluntarily offered by a private person
b. solicited by the public officer and voluntarily delivered by the private person
c. solicited by the public officer but the private person delivers it out of fear of the
consequences should the public officer perform his functions (here the crime by
giver is not corruption of public officials due to involuntariness)
Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is
sufficient. However, if the offer is not accepted, only the person offering the gift is
liable for attempted corruption of a public officer
The gift must have a value or capable of pecuniary estimation. It could be in the form
of money, property or services

39

If the act required of the public officer amounts to a crime and he commits it, he shall
be liable for the penalty corresponding to the crime
The third type of bribery and prevaricacion (art 208) are similar offenses, both
consisting of omissions to do an act required to be performed. In direct bribery
however, a gift or promise is given in consideration of the omission. This is not
necessary in prevaricacion

Bribery (210)
When the victim has committed a
crime and gives money/gift to avoid
arrest or prosecution.
Victim parts with his money or
property voluntarily.

Robbery (294)
When the victim did not commit a crime and he
is intimidated with arrest and/or prosecution to
deprive him of his personal property.
Victim is deprived of his money or property by
force or intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT


RA 3019
Persons Liable:
a. Any public officer who shall perform any of the following acts:
1. Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent
authority or an offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to commit such violation
or offense.
2. Directly or indirectly requesting or receiving any gift, present, share, percentage,
or benefit for himself or for any other person in connection with any contract or
transaction between the government and any other party wherein the public
officer in his official capacity has to intervene under the law.
3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary
or material benefit, for himself or for another, from any person for whom the
public officer, in any manner of capacity, has secured or obtained, or will secure
or obtain, any Government permit or license, in consideration for the held given
or to be given.
4. Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency
thereof or within one year after its termination.
5. Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage, or preference in the
discharge of his official, administrative or judicial function through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him for
the purpose of obtaining directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest of giving undue advantage in favor of or discriminating
against any other interested party.
7. Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby.
8. Directly or indirectly having financial or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or take part in his
official capacity, or in which he is prohibited by the constitution or by any law from
having any interest.
9. Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel, or
group of which he is a member, and which exercises discretion in such approval,
even if he votes against the same or does not participate in the action of the
board, committee, panel or group.
10. Knowingly approving or granting any license, permit, privilege, or benefit in favor
of any person not qualified for or not legally entitled to such license, permit,
40

privilege, or advantage, or of a mere representative or dummy of one who is not


so qualified or entitled.
11. Divulging valuable information of a confidential character, acquired by his office
or by him on account of his official position to unauthorized persons, or releasing
such information in advance of its authorized release date.
b. Any person having family or close personal relation with any public official who shall
capitalize or exploit or take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift, or material, or
pecuniary advantage from any person having some business, transaction,
application, request, or contact with the government in which such public official has
to intervene (Sec. 4)
c. Any person who shall knowingly induce or cause any public official to commit any of
the offenses under (A). (Sec. 4)
d. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the
president of the Philippines, the vice-president, the president of the Senate, or
speaker of the house of Representatives, who shall intervene, directly or indirectly, in
any business transaction, contract or application with the govt (Sec. 5).
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of the above officials
to whom he is related, has been already dealing with the govt along the
same line of business;
2. Any transaction, contract or application already existing or pending at the
time of such assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on the
part of the official(s) concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a
profession.
e. Any member of congress, during the term for which he has been elected, who
shall acquire or receive any personal pecuniary interest in any specific
business enterprise which shall be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by Congress during his term.
f. Any public officer who shall fail to file a true, detailed and sworn statement of
assets and liabilities within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every calendar year, as well
as upon the expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income.
Properties in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown.
Bank deposits in the name of or manifestly excessive expenditures incurred by the
public official, his spouse or any of their dependents including but not limited to
activities in any club or association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original
jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15
years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given
as a mere ordinary token of gratitude of friendship according to local customs or usage,
shall be excepted from the provisions of this act (Sec. 14).
41

Article 211
ELEMENTS OF INDIRECT BRIBERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him by reason of his office.
The gift is given in anticipation of future favor from the public officer
There must be clear intention on the part of the public officer to take the gift offered
and consider the property as his own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or act to show such acceptance is
not sufficient to convict the officer
There is no attempted or frustrated indirect bribery
The principal distinction between direct and indirect bribery is that in the former, the
officer agrees to perform or refrain from doing an act in consideration of the gift or
promise. In the latter case, it is not necessary that the officer do any act. It is
sufficient that he accepts the gift offered by reason of his office
Public officers receiving gifts and private persons giving gifts on any occasion,
including Christmas are liable under PD 46.
The criminal penalty or imprisonment is distinct from the administrative penalty of
suspension from the service
Article 211-A
ELEMENTS OF QUALIFIED BRIBERY
a. Public officer entrusted with law enforcement
b. Refrains from arresting/prosecuting offender for crime punishable by
reclusion perpetua and/or death
c. (if lower penalty than stated above, the crime is direct bribery)
d. In consideration of any offer, promise or gift
Article 212
ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
a. That the offender makes offers or promises or gives gifts or present to a
public officer.
b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery
The offender is the giver of the gift or the offeror of the promise. The act may or may
not be accomplished
Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and
other graft cases are immune from prosecution under the following circumstances:
a. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the State
d. information and testimony can be corroborated on its material points
e. informant has been previously convicted of a crime involving moral turpitude
See the Anti-graft and Corrupt Practices Act
II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Article 213
ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
a. That the offender be a public officer.
b. That he should have taken advantage of his office, that is, he intervened in
the transaction in his official capacity.
c. That he entered into an agreement with any interested party or speculator or
made use of any other scheme with regard to (a) furnishing supplies (b) the
making of contracts, or (c) the adjustment or settlement of account relating to
a public property or funds.

42

d. That the accused had intent to defraud the government.


Notes:
a. The public officer must act in his official capacity
b. The felony is consummated by merely entering into an agreement with any
interested party or speculator or by merely making use of any scheme to
defraud the Government
ELEMENTS OF ILLEGAL EXACTIONS:
a. The offender is a public officer entrusted with the collection of taxes, licenses,
fees and other imposts.
b. He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums different from or
larger than those authorized by law, or
2. failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially, or
3. Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by law.
Notes:
a. Mere demand of a larger or different amount is sufficient to consummate the
crime. The essence is the improper collection (damage to govt is not
required)
b. If sums are received without demanding the same, a felony under this article
is not committed. However, if the sum is given as a sort of gift or gratification,
the crime is indirect bribery
c. When there is deceit in demanding larger fees, the crime committed is estafa
d. May be complexed with malversation
e. Officers and employees of the BIR or Customs are not covered by the article
f. The NIRC of Administrative Code is the applicable law

Article 214
ELEMENTS OF OTHER FRAUDS:
a. That the offender is a public officer.
b. That he takes advantage of his official position.
c. That he commits any of the frauds or deceits enumerated in art. 315 and 316.
(estafa; swindling)
Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification
Article 215
ELEMENTS OF PROHIBITED TRANSACTIONS:
a. That the offender is an appointive public officer.
b. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
c. That the transaction takes place within the territory subject to his jurisdiction.
d. That he becomes interested in the transaction during his incumbency.
Notes:
a. Examples of transactions of exchange or speculation are: buying and selling
stocks, commodities, land etc wherein one hopes to take advantage of an
expected rise or fall in price
b. Purchasing of stocks or shares in a company is simple investment and not a
violation of the article. However, regularly buying securities for resale is
speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
Who are liable:
a. Public officer in any contract or business in which it is his official duty to
intervene.

43

b. Experts, arbitrators and private accountants in any contract or transaction


connected with the estate or property in the approval, distribution or
adjudication of which they had acted.
c. Guardians and executors with respect to property belonging to their wards
or the estate.
Notes:
a. Actual fraud is not necessary.
b. Act is punished because of the possibility that fraud may be committed or that
the officer may place his own interest above that of the Government or party
which he represents

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER


RA 7080

I. Definition of Ill-gotten wealth:


Any asset, property, business enterprise or material possession of any person
acquired by him directly or indirectly through dummies, nominees, agents, subordinates,
and/or business associates by any combination or series of the following means or
similar schemes:
A. Through misappropriation, conversion, misuse or malversation of public funds
or raids on the public treasury.
B. By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or
entity in connection with any government contract or project or by reason of
the office or position of the public officer concerned;
C. By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled corporations and their
subsidiaries;
D. By obtaining, receiving or accepting, directly or indirectly, any shares of stock,
equity or any other form of interest or participation, including the promise of
future employment in any business enterprise or undertaking.
E. By establishing agricultural, industrial or commercial monopolies or other
combinations, and/or implementation of decrees and orders intended to
benefit particular persons or special interests;
F. By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage or prejudice of the Filipino people and the
Republic of the Philippines.
II.

Persons Liable:
A. Any public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates and
subordinates or other persons, amasses, accumulates, or acquires ill-gotten
wealth through a combination or series of overt or criminal acts as described
under (I) in the aggregate amount or total value of at least 50 million pesos,
shall be guilty of the crime of plunder (as amended by RA 7659).
B. Any person who participated with the said public officer in the commission of
plunder.

III.

Jurisdiction: All prosecutions under this At shall be within the original jurisdiction
of the Sandiganbayan.

IV.

Rule of Evidence:
For purposes of establishing the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the accused in furtherance of the scheme
and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.

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V.

Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches or estoppel.
III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Article 217
ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
a. That the offender be a public officer (or private person if entrusted with public
funds or connived with public officers)
b. That he had the custody or control of funds or property (if not accountable for
the funds, theft or qualified theft)
c. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
d. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other
person to take such public funds or property. (it is not necessary that the
offender profited thereby. His being remiss in the duty of safekeeping
public funds violates the trust reposed)
Malversation is otherwise called embezzlement
It can be committed either with malice or through negligence or imprudence
In determining whether the offender is a public officer, what is controlling is the
nature of his office and not the designation
The funds or property must be received in an official capacity. Otherwise, the crime
committed is estafa
When a public officer has official custody or the duty to collect or receive funds due
the government, or the obligation to account for them, his misappropriation of the
same constitutes malversation
A public officer who has qualified charge of govt property without authority to part
with its physical possession upon order of an immediate superior, he cannot be held
liable under this article
Private individuals can also be held liable for malversation under 2 circumstances:
a. when they are in conspiracy with public officers; and
b. when they have charge of national, provincial or municipal funds, revenues or
property in any capacity
In malversation through negligence, the negligence of the accountable public officer
must be positively and clearly shown to be inexcusable, approximating fraud or
malice
The measure of negligence to be observed is the standard of care commensurate
with the occasion
When malversation is not committed through negligence, lack of criminal intent or
good faith is a defense
The failure of a public officer to have any duly forthcoming public funds or property
upon demand, by any authorized officer, shall be prima facie evidence that he has
put such missing funds or property to personal use. However, if at the very moment
when the shortage is discovered, the accountable officer is notified, and he
immediately pays the amount from his pocket, the presumption does not arise
Returning the embezzled funds is not exempting, it is only mitigating
There is also no malversation when the accountable officer is obliged to go out of his
office and borrow the amount corresponding to the shortage and later, the missing
amount is found in an unaccustomed place
A person whose negligence made possible the commission of malversation by
another can be held liable as a principal by indispensable cooperation
Demand as well as damage to the government are not necessary elements
Malversation (217)

Estafa with Abuse of Confidence (315)

45

Funds or property usually public


Offender is usually a public officer who is
accountable for the public funds/property

Funds/property are always private


Offender is a private individual or even a
public officer who is not accountable for
public funds/property
Crime is committed by approaching, Crime is committed by misappropriating,
taking, or misappropriating/consenting, or converting, or denying having received
through abandonment or negligence, money, goods or other personal property
permitting any other person to take the
public funds/property
Article 218
ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
a. That the offender is a public officer, whether in the service or separated
therefrom.
b. That he must be an accountable officer for public funds property.
c. That he is required by law or regulation to render accounts to the commission
on audit, or to a provincial auditor.
d. That he fails to do so for a period of two months after such accounts should
be rendered.
Note: Demand and misappropriation are not necessary
Article 219
ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY :
a. That the offender is a public officer.
b. That he must be an accountable officer for public funds or property.
c. That he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certificate
showing that his accounts have been finally settled.
Note: The act of leaving the Philippines must be unauthorized or not permitted by law
Article 220
ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical
malversation):
a. That the offender is a public officer.
b. That there is public fund or property under his administration.
c. That such public fund or property has been appropriated by law or ordinance
(without this, it is simple malversation even if applied to other public purpose).
d. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
To distinguish this article with Art 217, just remember that in illegal use of public
funds or property, the offender does not derive any personal gain, the funds are
merely devoted to some other public use
Absence of damage is only a mitigating circumstance
Article 221
ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
a. Offender has govt funds or property in his possession
b. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered by
competent authority
3. He maliciously fails or refuses to do so
Note: Penalty is based on value of funds/property to be delivered
Article 222
PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
a. Private individual who, in any capacity, have charge of any national,
provincial or municipal funds, revenue, or property
46

b. Administrator or depositary of funds or property that has been attached,


seized or deposited by public authority, even if owned by a private individual
Sheriffs and receivers fall under the term administrator
A judicial administrator in charge of settling the estate of the deceased is not covered
by the article
IV. INFIDELITY OF PUBLIC OFFICERS

Article 223
ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
a. That the offender is a public officer (on duty).
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escaped from his custody
d. That he was in connivance with the prisoner in the latters escape
Detention prisoner: refers to a person in legal custody, arrested for and charged with
some crime or public offense
The release of a detention prisoner who could not be delivered to judicial authorities
within the time fixed by law is not infidelity in the custody of a prisoner. Neither is
mere leniency or laxity in the performance of duty constitutive of infidelity
There is real and actual evasion of service of sentence when the custodian permits
the prisoner to obtain a relaxation of his imprisonment
Article 224
ELEMENTS OF EVASION THROUGH NEGLIGENCE:
a. That the offender is a public officer.
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escapes through his negligence.
d. Penalty based on nature of imprisonment
The article punishes a definite laxity which amounts to deliberate non-performance of
a duty
The fact that the public officer recaptured the prisoner who had escaped from his
custody does not afford complete exculpation
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment, he is liable for evasion of service (art
157)
b. if he is a detention prisoner, he does not incur criminal liability (unless
cooperating with the offender).
Article 225
ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER :
a. That the offender is a private person (note: must be on duty)
b. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
c. That the prisoner or person under arrest escapes.
d. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence
Note: This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 226
ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of documents:
a. That the offender be a public officer.
b. That he abstracts, destroys or conceals a document or papers.
c. That the said document or paper should have been entrusted to such public
officer by reason of his office.

47

d. That damage, whether serious or not, to a third party or to the public interest
should have been caused.
The document must be complete and one by which a right could be established or
an obligation could be extinguished
Books, periodicals, pamphlets etc are not documents
Papers would include checks, promissory notes and paper money
A post office official who retained the mail without forwarding the letters to their
destination is guilty of infidelity in the custody of papers
Removal of a document or paper must be for an illicit purpose. There is illicit purpose
when the intention of the offender is to:
a. tamper with it
b. to profit by it
c. to commit any act constituting a breech of trust in the official thereof
Removal is consummated upon removal or secreting away of the document from its
usual place. It is immaterial whether or not the illicit purpose of the offender has been
accomplished
Infidelity in the custody of documents through destruction or concealment does not
require proof of an illicit purpose
Delivering the document to the wrong party is infidelity in the custody thereof
The damage may either be great or small
The offender must be in custody of such documents

Article 227
ELEMENTS OF OFFICER BREAKING SEAL :
a. That the offender is a public officer.
b. That he is charged with the custody of papers or property.
c. That these papers or property are sealed by proper authority.
d. That he breaks the seals or permits them to be broken.
It is the breaking of the seals and not the opening of a closed envelope which is
punished
Damage or intent to cause damage is not necessary; damage is presumed
Article 228
ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
a. That the offender is a public officer.
b. That any closed papers, documents, or objects are entrusted to his custody.
c. That he opens or permits to be opened said closed papers, documents or
objects.
d. That he does not have proper authority.
Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
a. That the offender is a public officer.
b. That he knows of a secret by reason of his official capacity.
c. That he reveals such secret without authority or justifiable reasons.
d. That damage, great or small, be caused to the public interest.
e. (damage is essential)
Notes:
a. Secret must affect public interest
b. Secrets of a private individual is not included
c. Espionage for the benefit of another State is not contemplated by the article.
If regarding military secrets or secrets affecting state security, the crime may
be espionage.
ELEMENTS OF PAR 2 DELIVERING WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
a. That the offender is a public officer.
b. That he has charge of papers.
48

c.
d.
e.
f.
Notes:
a.

That those papers should not be published.


That he delivers those papers or copies thereof to a third person.
That the delivery is wrongful.
That damage be caused to public interest.

Charge: means custody or control. If he is merely entrusted with the papers


and not with the custody thereof, he is not liable under this article
b. If the papers contain secrets which should not be published, and the public
officer having charge thereof removes and delivers them wrongfully to a third
person, the crime is revelation of secrets. On the other hand, if the papers do
not contain secrets, their removal for an illicit purpose is infidelity in the
custody of documents
c. Damage is essential to the act committed

Article 230
ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
a. That the offender is a public officer
b. That he knows of the secret of a private individual by reason of his office.
c. That he reveals such secrets without authority or justification reason.
Revelation to one person is sufficient
If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by
an attorney)
Damage to private individual is not necessary
V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
Article 231
ELEMENTS OF OPEN DISOBEDIENCE:
a. That the offender is a judicial or executive officer.
b. That there is a judgment, decision or order of superior authority.
c. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal formalities.
d. that the offender without any legal justification openly refuses to execute the
said judgment, decision or under which he is duty bound to obey.
Note: Judgment should have been rendered in a hearing and issued within proper
jurisdiction with all legal solemnities required
Article 232
ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
a. That the offender is a public officer.
b. That an order is issued by his superior for execution.
c. That he has for any reason suspended the execution of such order.
d. That his superior disapproves the suspension of the execution of the order.
e. That the offender disobeys his superior despite the disapproval of the
suspension.
Note: A public officer is not liable if the order of the superior is illegal
Article 233
ELEMENTS OF REFUSAL OF ASSISTANCE:
a. That the offender is a public officer.
b. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service.
c. That the offender fails to do so maliciously.
Involves a request from one public officer to another
Damage to the public interest or third party is essential
Demand is necessary

49

Article 234
ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
a. That the offender is elected by popular election to a public office.
b. That he refuses to be sworn in or discharge the duties of said office.
c. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.
Note: Even if the person did not run for the office on his own will as the Constitution
provides that every citizen may be required to render service
Article 235
ELEMENTS OF MALTREATMENT OF PRISONERS:
a. That the offender is a public officer or employee.
b. That he has under charge a prisoner or detention prisoner (otherwise the
crime is physical injuries)
c. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either
by the imposition of punishments not authorized by the regulations, or
by inflicting such punishments (those authorized) in a cruel and
humiliating manner, or
2. by maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
The public officer must have actual charge of the prisoner in order to be held liable
To be considered a detention prisoner, the person arrested must be placed in jail
even for just a short while
Offender may also be held liable for physical injuries or damage caused
Article 236
ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
a. That the offender is entitled to hold a public office or employment, either by
election or appointment.
b. That the law requires that he should first be sworn in and/or should first give a
bond.
c. That he assumes the performance of the duties and powers of such office.
d. That he has not taken his oath of office and./or given the bond required by law.
Article 237
ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
a. That the offender is holding a public office.
b. That the period provided by law, regulations or special provisions for holding
such office has already expired.
c. That he continues to exercise the duties and powers of such office.
Note: The article contemplates officers who have been suspended, separated or
declared over-aged or dismissed

Article 238
ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
a. That the offender is a public officer.
b. That he formally resigns from his position.
c. That his resignation has not yet been accepted.
d. That he abandons his office to the detriment of the public service.
There must be formal or written resignation
The offense is qualified if the purpose behind the abandonment is to evade the
discharge of duties consisting of preventing, prosecuting or punishing any of the
crimes against national security. The penalty is higher. This involves the following
crimes:
a. treason
b. conspiracy and proposal to commit conspiracy

50

c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.

misprision of treason
espionage
inciting to war or giving motives to reprisals
violation of neutrality
correspondence with hostile country
flight to enemy country
piracy and mutiny on the high seas
rebellion
conspiracy and proposal to commit rebellion
disloyalty to public officers
inciting to rebellion
sedition
conspiracy to commit sedition
inciting to sedition

Abandonment of Office or Position (238)


Dereliction of Duty (208)
There is actual abandonment through Public officer does not abandon his office
resignation to evade the discharge of but merely fails to prosecute a violation of
duties.
the law.
Article 239
ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
a. That the offender is an executive or judicial officer.
b. That he (a.) makes general rules or regulations beyond the scope of his authority
or (b.) attempts to repeal a law or (c.) suspends the execution thereof.
Article 240
ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
a. That the offender is a judge.
b. That he (a.) assumes a power pertaining to the executive authorities, or (b.)
obstructs executive authorities in the lawful exercise of their powers.
Note: Legislative officers are not liable for usurpation of executive functions
Article 241
ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
a. That the offender is an officer of the executive branch of the government.
b. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order
decision rendered by any judge within his jurisdiction.
Note: A mayor is guilty under this article when he investigates a case while a justice
of the peace is in the municipality
Article 242
ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a question brought before the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to refrain from continuing the proceeding.
e. That he continues the proceeding.
Article 243
ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY:
a. That the offender is an executive officer.
b. That the addresses any order or suggestion to any judicial authority.
c. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice.
Note: Legislative or judicial officers are not liable under this article
Article 244
ELEMENTS OF UNLAWFUL APPOINTMENTS:

51

a.
b.
c.
d.

That the offender is a public officer.


That he nominates or appoints a person to a public office.
That such person lacks the legal qualification therefor.
That the offender knows that his nominee or appointee lacks the qualification at
the time he made the nomination or appointment.
Recommending, knowing that the person recommended is not qualified is not a
crime
There must be a law providing for the qualifications of a person to be nominated or
appointed to a public office

Article 245
ELEMENTS OF ABUSES AGAINST CHASTITY:
a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman.
c. That such woman must be
1. 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
2. under the custody of the offender who is a warden or other public officer
directly charged with care and custody of prisoners or person under arrest,
or
3. the wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
The mother of the person in the custody of the public officer is not included
Solicit: means to propose earnestly and persistently something unchaste and
immoral to a woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when there is sexual intercourse
TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or
a legitimate other ascendant or other descendant, or the legitimate spouse of the
accused.
Notes:
1. The relationship of the offender with the victim is the essential element of the
felony
2. Parents and children are not included in the term ascendants or descendants
3. The other ascendant or descendant must be legitimate. On the other hand, the
father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
7. Even if the offender did not know that the person he had killed is his son, he is
still liable for parricide because the law does not require knowledge of the
relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites:

52

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

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1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of


intent to kill is required only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if
they were not in conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there
must be satisfactory evidence of (1) the fact of death and (2) the identity of the
victim
E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting
and attacking each other reciprocally.
3. That these 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. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used
violence can be identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there is no
tumultuous affray
3. Persons liable are:
a. person/s who inflicted serious physical injuries
b. if it is not known who inflicted serious physical injuries on the deceased, all
persons who used violence upon the person of the victim
G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY:
(252)
1. that there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or
physical injuries
of a less serious nature only.
3. that the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of the offended
party are known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
Acts punishable:
1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the
killing himself

Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of
dying, the fetus in her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice
of painlessly putting to death a person suffering from some incurable disease. In
this case, the person does not want to die. A doctor who resorts to euthanasia
may be held liable for murder
4. Penalty is mitigated if suicide is not successful

I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)


1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
Notes:

54

1. The offender must shoot at another with any firearm without intention of killing
him. If the firearm is not discharged at a person, the act is not punished under
this article
2. A discharge towards the house of the victim is not discharge of firearm. On the
other hand, firing a gun against the house of the offended party at random, not
knowing in what part of the house the people were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the offended
party
4. Intent to kill is negated by the fact that the distance between the victim and the
offender is 200 yards
5. A person can be held liable for discharge even if the gun was not pointed at the
offended party when it fired for as long as it was initially aimed at or against the
offended party
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer
the penalty prescribed for parricide. If the offender is any other person, the
penalty is that for murder. In either case, the proper qualification for the offense is
infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to
conceal the dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the
dishonor must be of good reputation. Hence, if she is a prostitute, she is not
entitled to a lesser penalty because she has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it
could not sustain an independent life when it was killed
K. ELEMENTS OF INTENTIONAL ABORTION: (256)
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 of the use of violence or drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in the womb or after having been expelled
therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
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 of the violence that fetus dies, either in the womb or after having
been expelled therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
2. The accused can only be held liable if he knew that the woman was pregnant
3. If there is no intention to cause abortion and neither was violence exerted, arts
256 and 257 does not apply
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY
HER PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent for the purpose of concealing her
dishonor.
Notes:

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1. Liability of the pregnant woman is mitigated if the purpose is to conceal her


dishonor. However, there is no litigation for the parents of the pregnant women
even if their purpose is to conceal their daughters dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the
dishonor of their daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
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.
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to
cause abortion. What is punished is the act of dispensing an abortive without the
proper prescription. It is not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and
abortion results, he is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals person who killed or inflicted physical injuries upon his adversary, or
both combatants in any other cases
2. Accomplices as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the
presence of 2 or more seconds of lawful age on each side, who make the selection
of arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
P. CHALLENGING TO A DUEL: (261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing at or decrying another publicly for having refused to accept a challenge
to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some
essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to
deprive him of that part of the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise,
it will be considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation

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B. SERIOUS PHYSICAL INJURIES: (263)


How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person
a. loses the use of speech or the power to hear or to smell, loses an eye, a
hand, foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in which he had been habitually engaged
3. Injured person
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the performance of the work in which he had
been habitually engaged in for more than 90 days
4. Injured person becomes ill or incapacitated for labor for more than 30 days (but
not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence or
simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not
contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as
serious physical injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers
any other member which is not a principal part of the body. In this respect, a front
tooth is considered as a member of the body, other than a principal member
8. Deformity: means physical ugliness, permanent and definite abnormality. Not
curable by natural means or by nature. It must be conspicuous and visible. Thus,
if the scar is usually covered by a dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However,
loss of one tooth which impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action
of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear.
Meanwhile, loss of the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member,
not a principal one of his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of
some other part of the body
14. If the injury would require medical attendance for more than 30 days, the illness
of the offended party may be considered as lasting more than 30 days. The fact
that there was medical attendance for that period of time shows that the injuries
were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of
the injury. Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the
period of the illness or incapacity for labor, there must be evidence of the length
of that period. Otherwise, the offense will only be considered as slight physical
injuries
18. There is no incapacity if the injured party could still engage in his work although
less effectively than before
19. Serious physical injuries is qualified when the crime is committed against the
same persons enumerated in the article on parricide or when it is attended by

57

any of the circumstances defining the crime of murder. However, serious physical
injuries resulting from excessive chastisement by parents is not qualified serious
physical injuries
C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES:
(264)
1. That the offender inflicted upon another person any serious physical injury
2. That it was done knowingly administering to him any injurious substances or
beverages or by taking advantage of his weakness of mind of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance, thus throwing of
the acid in the face is not contemplated
D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated for labor for 10 days or more (but not
more than 30 days), or needs medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles
Notes:
1. Circumstances qualifying the offense:
a. when there is manifest intent to insult or offend the injured person
b. when there are circumstances adding ignominy to the offense
c. when the victim is either the offenders parents, ascendants, guardians,
curators or teachers
d. when the victim is a person of rank or person in authority, provided the crime
is not direct assault
2. It falls under this article even if there was no incapacity but the medical treatment
was for 13 days
E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required
medical attendance during the same period
2. That which did not prevent the offended party from engaging in his habitual work
or which did not require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but
without causing dishonor)
F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime
Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following
circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented, even
though none of the circumstances mentioned above be present
2. By any person who, under any of the circumstances mentioned in par 1 hereof,
shall commit an ac of sexual assault by inserting
a. his penis into another persons mouth or anal orifice, or
b. any instrument or object, into the genital or anal orifice of another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when
a. victim became insane by reason or on the occasion of rape
b. the rape is attempted and a homicide is committed by reason or on the occasion
thereof

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3. DEATH when
a. homicide is committed
b. victim under 18 years and offender is:
i.
parent
ii.
ascendant
iii.
step-parent
iv.
guardian
v.
relative by consanguinity or affinity with the 3rd civil degree or
vi.
common law spouse of parent of victim
c. under the custody of the police or military authorities or any law enforcement or
penal institution
d. committed in full view of the spouse, parent or any of the children or other
relatives within the 3rd degree of consanguinity
e. victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the
commission of the crime
f. a child below 7 years old
g. offender knows he is afflicted with HIV or AIDS or any other sexually
transmissible disease and the virus is transmitted to the victim
h. offender; member of the AFP, or para-military units thereof, or the PNP, or any
law enforcement agency or penal institution, when the offender took advantage
of his position to facilitate the commission of the crime
i. victim suffered permanent physical mutilation or disability
j. the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
k. when the offender knew of the mental disability, emotional disorder and/or
physical handicap or the offended party at the time of the commission of the
crime
Rape committed under par 2 is punishable by:
1. prision mayor
2. prision mayor to reclusion temporal
a. use of deadly weapon or
b. by two or more persons
3. reclusion temporal when the victim has become insane
4. reclusion temporal to reclusion pepetua rape is attempted and homicide is
committed
5. reclusion perpetua homicide is committed by reason or on occasion of rape
6. reclusion temporal committed with any of the 10 aggravating circumstances
mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
a. less than 7 yrs old, mandatory death
b. less than 12 yrs old, statutory rape
c. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

I.

TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

A. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)


1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives the latter of his
liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances are
present (becomes serious)
a. that the he kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority

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

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G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)


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

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b. That he neglects his children by not giving them education.


c. That his station in life requires such education and his financial condition
permits it.
D.
ELEMENTS OF EXPLOITATION OF MINORS: (278)
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing,
physical strength or contortion, the offender being any person
2. By employing children under 16 who are not the children or descendants of the
offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer
or circus manager or engaged in a similar calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the
next preceding paragraph, the offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher or person entrusted in any capacity with the care of
such child
5. By inducing any child under 16 to abandon the home of its ascendants; guardians,
curators or teachers to follow any person engaged in any of the callings mentioned in
par 2 or to accompany any habitual vagrant or beggar, the offender being any person
Note: Qualifying Circumstance if the delivery of the child to any person following any of
the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to
any habitual vagrant of beggar is made in consideration of any price, compensation or
promise, the penalty is higher.
E.

ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

F. ELEMENTS OF TRESPASS TO DWELLING: (280)


1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters will.
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or
intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused
3. Implied prohibition is present considering the situation late at night and everyones
asleep or entrance was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the
offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
7. Not applicable to:
a. entrance is for the purpose of preventing harm to himself, the occupants or a
third person
b. purpose is to render some service to humanity or justice
c. place is a caf, tavern etc while open
8. Medina case: when the accused entered the dwelling through the window, he had no
intent to kill any person inside, but the intention to kill came to his mind when he was
being arrested by the occupants thereof, the crime of trespass to dwelling is a separate
and distinct offense from frustrated homicide
G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker
thereof.
H. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)
Acts punishable:

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1. By threatening another with the infliction upon his person, honor or property that of
his family of any wrong amounting to a crime and demanding money or imposing any
other condition, even though not unlawful and the offender (Note: threat is with
condition)
Elements
a. That the offender threatens another person with the infliction upon the latters
person, honor or property, or upon that of the latters family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other condition is imposed,
even though not unlawful.
d. That the offender attains his purpose.
2. By making such threat without the offender attaining his purpose
3. 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 (Note: threat is without condition)
Elements
a. That the offender threatens another person with the infliction upon the latters
person, honor or property, or upon that of the latters family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)
I. ELEMENTS OF LIGHT THREATS: (283)
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though
not unlawful
4. That the offender has attained his purpose or, that he has not attained his purpose
Art 284 bond from good behavior may be imposed Notes:
1. (only in these offenses)
2. The wrong does not amount to a crime
J. BOND FOR GOOD BEHAVIOR: (284)
K. ELEMENTS OF OTHER LIGHT THREATS: (285)
1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in
self-defense.
2. In the heat of anger, person orally threatens another with some harm constituting a
crime, without persisting in the idea involved in the threat. Subsequent acts did not
persist.
3. Person orally threatens another with harm not constituting a felony.
L. ELEMENTS OF GRAVE COERCIONS: (286)
1. That a person prevented another from doing something OR not to do something
against his will, be it right or wrong;
2. That the prevention or compulsion be effected by violence, of force as would produce
intimidation and control the will.
3. That the person that restrained the will and liberty by another had not the authority of
law or the right to do so, or, in other words, that the restraint shall not be made under
authority of law or in the exercise of any lawful right.
M.
1.
2.
3.

ELEMENTS OF LIGHT COERCIONS: (287)


That the offender must be a creditor.
That he seizes anything belonging to his debtor.
That the seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation;
4. That the purpose of the offender is to apply the same to the payment of the debt.
N. ELEMENTS OF OTHER SIMILAR COERCIONS: (288)

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ELEMENTS OF NO. 1
1. That the offender is any person, agent or officer of any association or corporation.
2. That he or such firm or corporation has employed laborers or employees.
3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his or its laborers or employees to purchase merchandise or
commodities of any kind from his or from said firm or corporation.
ELEMENTS OF NO. 2
1. That the offender pays the wages due a laborer or employee employed by him by
means of tokens or objects.
2. That those tokens or objects are other than the legal tender currency to the
Philippines.
3. That such employee or laborer does not expressly request that he be paid by means
of tokens or objects.
O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289)
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 employees.
III. DISCOVERY AND REVELATION OF SECRETS
A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE: (290)
1. That the offender is a private individual or even a public officer not in the exercise
of his official function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That offender is informed of the contents or the papers or letters seized.
Notes:
1. Not applicable to parents with respect to minor children
2. Contents need not be secret but purpose prevails
3. Circumstances qualifying the offense: when the offender reveals contents of such
papers or letters of another to a 3rd person, the penalty is higher
B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.
C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)
1. That the offender is a person in charge, employee or workman of a
manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret of the industry
which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon
anything.
Notes:
1. Belonging to another person from whom property was taken need not be the
owner, legal possession is sufficient

64

2. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide
3. Taking of personal property must be unlawful; if given in trust estafa
4. As to robbery with violence or intimidation from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete
5. As to robbery with force upon things thing must be taken out of the building
6. Intent to gain presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When theres no intent to gain but there is violence in the taking grave coercion
9. Violence or intimidation must be against the person of the offended party, not
upon the thing
10. General rule: violence or intimidation must be present before the taking is
complete
11. Except: when violence results in homicide, rape, intentional mutilation or any of
the serious physical injuries in par 1 and 2 of art 263, the taking of the property is
robbery complexed with any of these crimes under art 294, even if taking is
already complete when violence was used by the offender
12. Use of force upon things entrance to the building by means described in arts
299 and 302 (offender must enter)
13. When both violence or intimidation and force upon things concur it is robbery
with violence
Robbery with violence
Intent to gain
Immediate harm

Grave threats
No intent to gain
Intimidation;
promises some future
harm or injury

Grave coercion
None
Intimidation (effect) is immediate and
offended party is compelled to do
something against his will (w/n right or
wrong)

Robbery
X didnt commit crime but is intimidated to
deprive him of his property

Bribery
X has committed a crime and gives
money as way to avoid arrest or
prosecution
Giving of Php is in one sense voluntary
Transaction is voluntary and mutual

Deprived of Php thru force or intimidation


Neither
Ex. defendant demands payment of P2.00 with
threats of arrest and prosecution, therefore,
robbery because (a) intent to gain and (b)
immediate harm

B. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF


PERSON: (294)
Acts punished as robbery with violence against or intimidation of persons
By reason or on occasion of the robbery, the following are committed:
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI insane, imbecile,
impotent or blind
3. SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any
such member, incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for
the crime or when in the cause of its execution SPI/deformity, or shall have lost
any part of the body or the use thereof or shall have been ill or incapacitated for
the performance of the work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1. special complex crimes (specific penalties prescribed)
a.
robbery with homicide if original design is robbery and homicide is
committed robbery with homicide even though homicide precedes the robbery
by an appreciable time. If original design is not robbery but robbery was

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committed after homicide as an afterthought 2 separate offenses. Still robbery


with homicide if the person killed was an innocent bystander and not the
person robbed and if death supervened by mere accident.
b.
robbery with rape intent to commit robbery must precede rape. Prosecution
of the crime need not be by offended party fiscal can sign the information.
When rape and homicide co-exist, rape should be considered as aggravating
only and the crime is still robbery with homicide
c.
robbery with intimidation acts done by the accused which by their own
nature or by reason of the circumstances inspire fear in the person against whom
they are directed
2. qualifying circumstances in robbery with violence or intimidation of persons, if any of
the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
a.
in an uninhabited place or
b.
by a band or
c.
by attacking a moving train, street car, motor vehicle or airship, or
d.
by entering the passengers compartments in a train, or in any manner taking
the passengers thereof by surprise in the respective conveyances, or
e.
on a street, road, highway or alley and the intimidation is made with the use
of firearms, the offender shall be punished by the max period of the proper
penalties prescribed in art 294
C. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Cant be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263
D. ROBBERY BY A BAND: (296)
Notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
a. he was a member of the band
b. he was present at the commission of a robbery by that band
c. other members of the band committed an assault
d. he did not attempt to prevent the assault
3. Conspiracy to commit robbery with homicide even if less than 4 armed men
4. Conspiracy to commit robbery only but homicide was committed also on the
occasion thereof all members of the band are liable for robbery with homicide
5. Conspiracy is presumed when 4 or more armed persons committed robbery
6. Unless the others attempted to prevent the assault guilty of robbery by band only
E. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious physical
injuries article 48 is applicable
F. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION: (298)
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.
3. That the compulsion is by means of violence or intimidation.
G. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP: (299)
1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice
devoted to religious worship.
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress.
b. By breaking any wall, roof, or floor or breaking any door or window.
c. By using false keys, picklocks or similar tools or.

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d. By using any fictitious name or pretending the exercise of public authority.


3. That once inside the building, the offender took personal property belonging to
another with intent to gain.
Notes:
1. Includes dependencies (stairways, hallways, etc.)
2. Inhabited house any shelter, ship or vessel constituting the dwelling of one or
more person even though temporarily absent dependencies, courts, corals,
barns, etc.
3. NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is necessary that offender
enters the building or where object may be found. NO ENTRY, NO ROBBERY
5. Entrance is necessary mere insertion of hand is not enough (whole body); not
to get out but to enter therefore, evidence to such effect is necessary
6. P v. Lamahang intent to rob being present is necessary
7. Place: house or building; not car
8. Public building every building owned, rented or used by the government
(though owned by private persons) though temporarily vacant
9. Not robbery passing through open door but getting out of a window
10. Outside door must be broken, smashed. Theft if lock is merely removed or door
was merely pushed
11. False keys genuine keys stolen from the owner or any keys other than those
intended by the owner for use in the lock
12. Picklocks specially made, adopted for commission of robbery
13. Key stolen not by force, otherwise, its robbery by violence and intimidation
against persons
14. False key used in opening house and not furniture inside, otherwise, theft (for
latter to be robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299
1. That the offender is inside a dwelling house, public building, or edifice devoted to
religious worship, regardless of the circumstances under which he entered it
2. That the offender takes personal property belonging to another with intent to gain,
under any of the following circumstances.
a. by the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle, or
b. by taking such furniture or objects away to be broken or forced open outside
the place of the robbery.
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to open
already consummated robbery
5. Estafa if box is in the custody of acc
6. Theft if box found outside and forced open
H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
I.

WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING


DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301)
Notes:
1. dependencies are all interior courts, corrals, warehouses, granaries or enclosed
places:
a. contiguous to the building
b. having an interior entrance connected therewith
c. which form part of the whole
2. Garage must have 3 requirements. Exception: orchards/lands
J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE
BUILDING: (302)

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

68

the above purpose


Necessary to prove that band actually committed
robbery
B.
1.
2.
3.

ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307)


That there is a band of brigands.
That the offender knows the band to be of brigands.
That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band if brigands, or
b. he gives them information of the movements of the police or other peace officers
of the government or
c. He acquires or receives the property taken by such brigands.
Notes:
1. PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away of property by violence or intimidation or
force upon things or other unlawful means
2. Committed by any person
3. On any Phil hi-way
III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.
Persons liable:
1. Those who
a) with intent to gain
b) but without violence against or intimidation of persons not force upon things
c) take
d) personal property
e) of another
f) without the latters consent
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner
Notes:
1. Retention of money/property found is theft. Retention is failure to return (intent to
gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for
himself
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its
owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
Notes:
1. Theft is consummated when offender is able to place the thing taken under his
control and in such a situation as he could disclose of it at once (though no
opportunity to dispose) i.e, the control test
2. P v. Dino applies only in theft of bulky goods (meaning there has to be capacity
to dispose of the things). Otherwise, P v. Espiritu full possession is enough

69

3. Servant using car without permission deemed qualified theft though use was
temporary
4. Reyes says: there must be some character of permanency in depriving owner of
the use of the object and making himself the owner, therefore must exclude
joyride
5. Theft: if after custody (only material possession) of object was given to the
accused, it is actually taken by him (no intent to return) e.g. felonious conversion.
But it is estafa if juridical possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) not theft (though later
found to be untrue. If in bad faith theft)
10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g.
joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important
B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN
ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other
forest or farm products, and
4. That the hunting or fishing or gathering of products is without the consent of the
owner.
Note: Fish not in fishpond, otherwise, qualified
C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
Notes:
1.
2.
3.
4.

grave abuse high degree of confidence e.g. guests


no confidence, not qualified theft
theft material possession estafa juridical possession
qualified: if done by one who has access to place where stolen property is kept
e.g., guards, tellers
5. novation theory applies only if theres a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had intent
to gain, his absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU
in kabit system but under K of lease-estafa
10. mail matter private mail to be QT, Not postmaster Art. 226
11. theft of large cattle

70

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND


NATIONAL MUSEUM: (311)
IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY: (312)
1. That the offender takes possession of any real property or usurps any real rights in
property.
2. 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 usurpation real rights in property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
1. That there be boundary marks or monuments of towns, provinces, or estates, or any
other marks intended to designate the boundaries of the same.
2. That the offender alters said boundary marks.
V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
VI. SWINDLING AND OTHER DECEITS
A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of
deceit and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person
B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)
1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION
NO.1 PAR. (B), OF ART.315
1. That money, goods, or other personal property be received by the offender in trust,
or on commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return, the same.
2. That there be misappropriation or conversion of such money or property by the
offender, or dental on his part of such receipt.
3. that such misappropriation or conversion or dental is to the prejudice of another and
4. That there is a demand made by the offended party to the offender.
D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH
(B), SUBDIVISION N0.1, ART. 315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver even if it is not a subject of lawful commerce
c. thing delivered has not been fully or partially paid for not estafa
c. no agreement as to quality No estafa if delivery is unsatisfactory

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2. By misappropriating and converting


a. thing is received by offender under transactions transferring juridical possession,
not ownership
b. under PD 115 (Trust Receipts Law) failure to turn over to the bank the
proceeds of the sale of the goods covered by TR Estafa
c. same thing received must be returned otherwise estafa; sale on credit by agency
when it was to be sold for cash estafa
d. Estafa not affected by Novation of Contract because it is a public offense
e. Novation must take place before criminal liability was incurred or perhaps prior to
the filing of the criminal information in court by state prosecutors
f. Misappropriating to take something for ones own benefit
g. Converting act of using or disposing of anothers property as if it was ones own;
thing has been devoted for a purpose or use different from that agreed upon
h. There must be prejudice to another not necessary that offender should obtain
gain
i. Partners No estafa of money or property received for the partnership when the
business is commercial and profits accrued. BUT if property is received for
specific purpose and is misappropriated estafa!
j. Failure to account after the DEMAND is circumstantial evidence of
misappropriation
k. DEMAND is not a condition precedent to existence of estafa when
misappropriation may be established by other proof
l. In theft, upon delivery of the thing to the offender, the owner expects an
immediate return of the ting to him otherwise, Estafa
m. Servant, domestic or employee who misappropriates a thing he received from his
master is NOT guilty of estafa but of qualified theft
3. When in the prosecution for malversation the public officer is acquitted, the private
individual allegedly in conspiracy with him may be held liable for estafa
ESTAFA WITH ABUSE OF CONFIDENCE

MALVERSATION

Offenders are entrusted with funds or


property and are continuing offenses
Funds: always private
Offender: private individual, or public officer
not accountable
Committed by misappropriating, converting,
denying having received money

offenders are entrusted with funds or


property and are continuing offenses
Funds: public funds or property
Offender: public officer accountable for
public funds
Committed by appropriating, taking,
misappropriating

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE


IN BLANK: (315)
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is written by the offender
without authority to do so.
4. That the document so written creates a liability of, or causes damage to, the
offended party or any third person.
Note: If the paper with signature in blank was stolen Falsification if by making it appear
that he participated in a transaction when in fact he did not so participate
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1. that there must be a false pretense, fraudulent means must be made or executed
prior to or
2. That such false pretense, fraudulent act or fraudulent means must be made or
executed prior to or simultaneously with the commission of the fraud.
3. That the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property because
of the false pretense, fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.
Notes:

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1. False pretenses or fraudulent acts executed prior to or simultaneously with delivery


of the thing by the complainant
2. There must be evidence that the pretense of the accused that he possesses
power/influence is false
G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN
PAYMENT OF AN OBLIGATION: (315)
1. That the offender postdated a check, or issued a check in payment of an obligation.
2. That such postdatig or issuing a check was done when the offender had no funds in
the bank or his funds deposited therein were not sufficient to cover the amount of the
check.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit or failure to make
good within three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt no estafa
5. Offender must be able to obtain something from the offended party by means of
the check he issues and delivers
6. If postdating a check issued as mere guarantee/promissory note no estafa
H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1:
BP 22
1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on account or for value.
3. That the person who makes or draws and issues the check knows at the time of
issue that he does not have sufficient funds
in or credit with the drawee bank for the payment of such check in full upon its
presentment.
4. That the check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or would have been
dishonored for the same reason had not the drawee, without any valid reason,
ordered the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of
lack and insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF
SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes
or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of
the check if presented within
a period of 90 days from the date appearing thereon.
3. That the check is dishonored by the drawee bank.
Note: Failure to make good within 5 banking days prima facie evididence of knowledge
of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS:
(315)
1. That the offender induced the offended party to sign a document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the document and there was deceit as to the
character or contents of the document falsification; but where the accused made
representation to mislead the complainants as to the character of the documents - estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING
DOCUMENTS: (315)
1. That there be court records, office files, documents or any other papers.

73

2. That the offender removed, concealed or destroyed any of them.


3. That the offender had intent to defraud another.
Note: No intent to defraud destroying or removal = malicious mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315)
(second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his money or property, as a result of the
defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE
THE OWNER OF THE SAME: (316)
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property represented that he is the
owner thereof.
3. That the offender should have executed an act of ownership (selling, leasing,
encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.
ESTAFA
Private individual was entrusted
Intent to defraud

INFIDELITY IN THE CUSTODY OF DOCUMENTS


Public officer entrusted
No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS


FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT
RECORDED: (316)
1. that the thing disposed of be real property.
2. That the offender knew that the real property was encumbered, whether the
encumbrance is recorded or not.
3. That there must be express representation by the offender that the real property is
free from encumbrance.
4. That the act of disposing of the real property be made to the damage of another.
P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER
HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316)
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third person.
Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE
OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY:
(316)
1. That the offender is a surety in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real property or
properties.
3. That he sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortage 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.

R. ELEMENTS OF SWINDLING A MINOR: (317)


1. That the offender takes advantage of the inexperience or emotions or feelings of a
minor.
2. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c)
to execute a transfer of any property right.

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3. That the consideration is (a) some loan of money (b) credit or (c) other personal
property.
4. That the transaction is to the detriment of such minor.
S. ELEMENTS OF OTHER DECEITS: (318)
1. not mentioned above;
2. interpretation of dreams, forecast, future-telling for profit or gain.
VII. CHATTEL MORTGAGE
A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY
PLEDGED: (319)
1. That personal property is already pledged under the terms of the chattel mortgage
law.
2. That the offender, who is the mortgagee of such property, sells or pledges the same
or any part thereof.
3. That there is no consent of the mortgagee written on the back of the mortgage and
noted on the record thereof in the office of the register of deeds.
B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY:
(319)
1. that personal property is mortgaged under the chattel mortage law.
2. That the offender knows that such property is so mortaged.
3. That he removes such mortgaged personal to any province or city other than the one
in which it was located at the time of the execution of the mortgage.
4. that the removal is permanent.
5. That there is no written consent of the mortgagee or his executors, administration or
assigns to such removal.
VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art
320)
A.
1.
2.
3.

ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES


That an uninhabited hut, storehouse, barn, shed or any other property is burned
That the value of the property burned does not exceed 25 pesos
That the burning was done at a time or under circumstances which clearly exclude all
danger of the fire spreading

B. ELEMENTS OF CRIME INVOLVING DESTRUCTION


1. That the offender causes destruction of the property
2. That the destruction was done by means of:
a. explosion
b. discharge of electric current
c. inundation
d. sinking or stranding of a vessel
e. damaging the engine of the vessel
f. taking up rails from the railway track
g. destroying telegraph wires and posts or those of any other system
h. other similar effective means of destruction
C. ELEMENTS OF BURNING ONES PROPERTY AS A MEANS TO COMMIT ARSON
1. That the offender set fire to or destroyed his own property
2. That the purpose of the offender in doing so was to commit arson or to cause a great
destruction
3. That the property belonging to another was burned or destroyed
D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause damage to
another or (b) prejudice is actually caused, or (c) the thing burned is a building in an
inhabited place

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IX. MALICIOUS MISCHIEF


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

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

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3.

a. priest
b. house servant
c. domestic
Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)


1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Note: common form is unconditional promise to marry
F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY: (339)
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is 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. that the offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: (340)
Act punishable: By promoting or facilitating the prostitution or corruption of persons
underage to satisfy the lust of another
H. ELEMENTS OF WHITE SLAVE TRADE: (341)
Acts penalized
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the servicxe of women for the purpose of prostitution
I. ELEMENTS OF FORCIBLE ABDUCTION: (342)
1. That the person abducted is any woman, regardless of her age, civil status, or
reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Note: Sexual intercourse is NOT necessary
Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness, qualified seduction of sister/descendant, forcible abduction
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with lewd designs.
K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION
RAPE AND ACTS OF LASCIVIOUSNESS (344)
1. Adultery and concubinage must be prosecuted upon complaint signed by the
offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon
complaint signed by:
a. offended party
b. by her parents
c. grandparents
d. guardians in the order in which they are named above
Note: Marriage of the offender with the offended party extinguishes the criminal action or
remit the penalty already imposed upon him. This applies as well to the accomplices,

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accessories-after-the-fact. But marriages must be in good faith. This rule does not apply
in case of multiple rape
L. CIVIL LIABILITY OF PERSONS GUILTY OF RAPE, SEDUCTION OR ABDUCTION
(345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless the law should prevent him from doing so
3. In every case to support the offspring
M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY
OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL
COOPERATE AS ACCOMPLIES: (346)
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND
CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause such child to
lose its civil status
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actors purpose was to cause the loss of any trace as to the childs true filiation
B. USURPATION OF CIVIL STATUS: (348)
Notes:
1.
Committed by a person who represents himself as another and assumes the
filiation or rights pertaining to such person
2.
There must be criminal intent to enjoy the civil rights of another by the offender
knowing he is not entitled thereto
3.
Committed by asuming the filiation, or the parental or conjugal rights of another
4.
Circumstances qualifying the offense: penalty is heavier when the purpose of the
impersonation is to defraud the offended party or hios heirs
C. ELEMENTS OF BIGAMY: (349)
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 civil
code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential requisites for validity.
Notes:
1. The crime does not fall within the category of private crimes that can be prosecuted
only at the instance of the offended party
2. A simulated marriage is not marriage at all and can be used as a defense for
bigamy
3. There must be a summary proceeding to declare the absent spouse presumptively
dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is
bigamy through reckless imprudence
5. A judicial declaration of the nullity of a marriage void ab initio is now required

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6. One convicted for bigamy may be prosecuted for concubinage as both are distinct
offenses
7. One who vouches that there is no legal impediment knowing that one of the parties
is already married is an accomplice
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS:
(350)
1. That the offender contracted marriage.
2. That he knew at the time that
a. the requirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the contracting parties obtains the
consent of the other by means of violence, intimidation or fraud
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
Acts punished:
1. A widow who within 301 days from death of husband, got married or before her
delivery, if she was pregnant at the time of his death
2. A woman whose marriage having been dissolved or annulled, married before her
delivery or within 301 days after the legal separation
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)
Act punished: performance of any illegal marriage ceremony by a priest or minister of
any religious denomination or sect or by civil authorities
TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical person, or one who is
dead.
5. That the imputation must tend to cause the dishonor, discredit or contempt of the
person defamed.
Notes:
1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or
imaginary or any act, commission, condition, status or circumstances tending to
cause the dishonor, discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead
2. Kinds of malice: (a) malice in law; (b) malice in fact
3. Malice is presumed to exist in injurious publications
4. Publication is the communication of the defamatory matter to some third person/s
5. Person libeled must be identified. But the publication need not refer by name to
the libeled party. If not named it must be shown that the description of the person
referred to in the defamatory publication was sufficiently clear so that at least a
3rd person would have identified the plaintiff.
6. There are as many crimes as there are persons defamed.
7. To presume publication there must be a reasonable probability that the alleged a
libelous matter was thereby exposed to be read or seen by 3rd persons.
Criterion to determine whether statements are defamatory
1) words are calculated to induce the hearers to suppose and understand that the
person against who they are uttered were guilty of certain offenses, or are
sufficient to impeach their honesty, virtue or reputation, or to hole the person up to
public ridicule(US v OConnel)
2 )construed not only as to the expression used but also with respect to the whole
scope and apparent object of the writer.(P v Encarnacion)
Libel
-false accusation need not be made under oath

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Perjury
-false accusation is made under oath

Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by
big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed
at a group of persons are not actionable unless the statements are all-embracing or
sufficiently specific for victim to be identifiable. An action for libel allegedly directed
against a group of sugar planters cannot be done by resort to filing a class suit as each
victim has his specific reputation to protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the community.
B. REQUIREMENT OF PUBLICITY: (354)
Kinds of privileged communication
a. Absolutely privileged not actionable even if the actor has acted in bad faith
b. Qualifiedly privileged those which although containing defamatory
imputations could not be actionable unless made with malice or bad faith
General Rule: Every defamatory imputation is presumed malicious even if it be true, if no
good intention and justifiable motive for making it is shown
Exception:
a. private communication in performance of legal, moral or social duty
Requisites
1.
that the person who made the communication had a legal, moral
or social duty to make the communication or at least he had an interest to be
upheld
2.
that the communication is addressed to an officer or a board, or
superior, having some interest or duty on the matter
3.
that the statements in the communication are made in good faith
without malice in fact
b. fair and true report, made in good faith, without any comments and remarks
Requisites
1.
that the publication of a report of an official proceeding is a fair and
true report of a judicial, legislative, or other official proceedings which are not
of confidential nature, or of a statement, report, or speech delivered in said
proceedings, or of any other act performed by a public officer
2.
that it is made in good faith
3.
that it is made without any comments or remarks
Santos v CA
HELD: No malice, he simply furnished the readers with the info that a complaint has
been filed against the brokerage firm and reproduced the pleading verbatim with no
embellishments.
C. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)
Note: Enumerates the means by which libel may be committed: writing, printing,
lithography, engraving, radio phonograph, painting, theatrical or cinematographic
exhibitions or any similar means
D. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of
accusation and exposure
-possible in light threats Art 283 and in threat to publish Art 356.
E. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE
COURSE OF OFFICIAL PROCEEDINGS: (357)
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine.
2. That he publishes facts connected with the private life of another.
3. That such facts are offensive to the honor, virtue and reputation of said person.
Note:
Even though made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such facts have been
mentioned.

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Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be
president. He wrote to the BOD and to Marquez. He caused to publish the second letter.
HELD: Letter is not privileged communication. To be classified as such it must be free
from malice. Granting that the letter was privileged communication, written out of a duty
of an officer towards the members, such character was lost when it was published.
F. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)
1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation not serious in nature (simple slander)
Factors that determine gravity of the offense:
a) expressions used
b) personal relations of the accused and the offended party
c) circumstances surrounding the case
Notes:
Words uttered in the heat of anger constitute light oral defamation (P v Doronilla)
If the utterances were made publicly and were heard by many people and the accused
at the same time levelled his finger at the complainant, oral defamation is committed (P
v Salleque)
ELEMENTS OF SLANDER BY DEED: (359)
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.
Notes:
a. Seriousness depends on the social standing of offended party, the circumstances
surrounding the act, the occasion, etc.
b. The acts of slapping and boxing the woman, a teacher, in the presence of many
people has put her to dishonor, contempt and ridicule. (P v Costa)
c. P v Motita
Accused held a mirror between the legs of complainant to reflect her private
parts. The crowd laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without
justification.
b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or
contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in
Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended party under 12 yrs of age+lewd designs
PERSONS RESPONSIBLE FOR LIBEL (360)
1) Who are liable
a. person who publishes, exhibits or causes the publication or exhibition of any
defamation in writing or similar means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper magazine or serial
publication(par.2)
d. owner of the printing plant which publishes a libelous article with his consent and
all other persons who in any way participate in or have connection with its
publication (US v Ortiz)
2) Venue of criminal and civil action for damages in cases of written defamation:
a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of the commission of
the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is printed and 1st published
b. Otherwise

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- RTC of the city/province where he held office at the time of offense OR


- where the article is 1st published
4) Where one of the offended parties is a private individual:
- RTC of province/city where he actually resides at the time of the crime
- where article was printed or 1st published
Note: Offended party must file complaint for defamation imputing a crime which cannot
be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts
of lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the
same written matter is communicated, such communication is considered a distinct and
separate publication of libel.
PROOF OF THE TRUTH (361)
Admissible when:
a. the act or omission imputed constitutes a crime regardless of whether the
offended party is a private individual or a public officer
b. the offended party is a government employee, even if the act or omission
imputed does not constitute a crime provided it is related to the discharge of his
official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2
above)
b. it was published with good motives and for a justifiable end (for situation 1
only)
Notes: The proof of the truth of the accusation cannot be made to rest upon mere
hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a
definite finding may be made by the court (US v Sotto)
LIBELOUS REMARKS (362)
Libelous remarks or comments on privileged matters (under Art. 354) if made with malice
in fact will not exempt the author and editor.
*This article is a limitation to the defense of privileged communication.

ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363)


1. That the offender performs an act.
2. 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.
Two Kinds:
a. making a statement which is
c i. defamatory or
ii. perjurious (if made under oath and is false)
b. planting evidence
Note: article is limited to planting evidence and the like
INTRIGUING AGAINST HONOR (364)
How committed:
-by any person who shall make any intrigue which has for its principal purpose to
blemish the honor or reputation of another person
Notes:
a. Intriguing against honor refers to any scheme or plot designed to blemish the
reputation of another or of such trickery or secret plot.
b. Committed by saying to others an unattributable thing, if said to the person himself
it is slander.
RA4200 The Anti-WireTapping Act

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Acts punished:
1) any person, not authorized by all the parties to any private communication or spoken
word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known
as a dictaphone or dictagraph or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:
a) knowingly possesses any tape record, wire record, disc record, or any other
such record or copies thereof of any communication or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or partial, to any other
person
Notes:
a. Peace officer is exempt if acts done under lawful order of the court. You can only use
the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in any hearing
or investigation.
c. Gaanan v IAC
An extension phone is not one of those prohibited under RA 4200. There must be either
a physical interruption through the wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept or record the spoken words. The extension
phone was not installed for such purpose.
ELEMENTS OF RECKLESS IMPRUDENCE: (365)
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the offender, taking into
consideration
a. his employment or occupation
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and place.
ELEMENTS OF SIMPLE IMPRUDENCE: (365)
1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or the danger is not
clearly manifest.
Notes:
1) Art.64 on mitigating and aggravating circumstances not applicable.
2) Failure to lend on the spot assistance to victim of his negligence:penalty next
higher in degree.
3) Abandoning usually punishable under Art 275, if charged under Art365 is only
qualifying and if not alleged cannot even be an aggravating circumstance.
4) Contributory negligencenot a defense, only mitigating
Last clear chance doctrineThe contributory negligence of the injured party will no t defeat the action if it be shown
that the accused might, by the exercise of reasonable care and prudence, have avoided
the consequences of the negligence of the injured party
Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an
emergency and compelled to act instantly to avoid a collision or injury is not guilty of
negligence if he makes a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest choice.
P v Cano
Negligence is a quasi-offense. What is punished is not the effect of the negligence but
the recklessness of the accused.

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P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a
heart attack that caused brain damage. HELD: Guilty of simple negligence resulting to
homicide. Carillo was the anesthesiologist, he and his co-accused failed to monitor and
provide close patient care, to inform the parents of the childs true condition, to prove
that they exercised necessary and appropriate degree of care and diligence to prevent
the condition.
Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries
through reckless imprudence constitutes double jeopardy to the charge of the crime of
damage to property through reckless imprudence.

85