Law 2

International School of Asia and the Pacific 1
Subject: Criminal Law (Book 2)
Review Notes in
CRIMINAL LAW (BOOK 2)

Title One
Crimes against National Security
And the Law of Nations
ART 114. TREASON
ELEMENTS:
1. Offender is a Filipino citizen or an alien resident;
2. Theres a war in and Philippines is involved; and
3. Offender either
a. Levies war against the government; or
b. Adheres to enemies, giving aid or comfort.
Treason breach of allegiance to the government by a
person who owes allegiance to it.
Allegiance obligation of fidelity and obedience which
individuals owe to the government under which they live or
to their sovereign, in return for protection they receive
Levying war - must be with intent to overthrow the
government as such, not merely to repeal a particular
statute or to resist a particular officer.
NOTE: To prove Treason, the Testimony of at least 2
witnesses to the same overt act; or Judicial confession of
accused Two witness rule
ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT
TREASON
ELEMENTS CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement to a. levy war against the government, or
b. adhere to the enemies and to give
c. them aid or comfort
3. They decide to commit it.
ELEMENTS PROSOPAL:
1. In time of war
2. A person who has decided to levy war against the
government, or to adhere to the enemies and to
give them aid or comfort
3. Proposes its execution to some other person/s.
ART. 116. MISPRISION OF TREASON

ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to commit
treason) against the government
4. He conceals or does not disclose the same to
the authorities in w/c he resides.
ART. 117. ESPIONAGE
aries gallandez_12
ESPIONAGE is the offense of gathering, transmitting, or

losing information respecting the national defense with
intent or reason to believe that the information is to be
used to the injury of the Republic of the Philippines or the
advantage of a foreign nation.
ART. 118. INCITING TO WAR OR GIVING MOTIVES
FOR REPRISALS
ELEMENTS:
1. Offender performs unlawful or unauthorized acts;
2. 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;
ART. 119. VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not
involved;
1. That there is a regulation issued by competent
authority for the purpose of enforcing neutrality;
and
2. That the offender violates such regulation.
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
ELEMENTS:
1. Theres a war in and Philippines is involved;
2. That the offender makes correspondence with an
enemy country or territory occupied by enemy
troops;
3. That the correspondence is either
a. prohibited by the government, or
b. carried on in ciphers or
c. conventional signs, or
d. containing notice or information
e. which might be useful to the enemy.
ART. 121. FLIGHT TO ENEMYS COUNTRY
ELEMENTS:
1. Theres a war and Philippines is involved;
2. Offender owes allegiance to the government;
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
PIRACY MODES TO COMMIT:
1. By attacking or seizing a vessel on the high seas
or in the Philippine waters (PD 532);
2. By seizing the whole or part of the cargo of said
vessels, its equipment or personal belongings of its
complement or passengers, the offenders being
strangers to the vessels.
PIRACY It is robbery or forcible depredation on the high
seas, without lawful authority and done with animo furandi
and in the spirit and intention of universal hostility.
#GOBACKTOBASIC

MUTINY the unlawful resistance to a superior, or the

raising of commotions and disturbances on board a ship
against the authority of its commander.
Piracy in high seas jurisdiction of any court where
offenders are found or arrested.
Piracy in internal waters jurisdiction of Philippine
courts.
AIDING OR ABETTING PIRACY REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit;
3. Directly or indirectly abets the commission of piracy.
ART. 123. QUALIFIED PIRACY
QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing upon
the same;
2. Abandonment of victims without means of
saving themselves; or
3. Piracy was accompanied by murder, homicide,
physical injuries, or rape.
QUALIFIED PIRACY a SPECIAL COMPLEX CRIME
punishable by reclusion perpetua to death, regardless of
the number of victims.
RA 6235 ANTI-HIJACKING LAW
ACTS PUNISHABLE:
1.
By compelling a change in the course or

destination of an aircraft of Philippine registry, or
seizing or usurping the control thereof while it is
in flight;
By compelling an aircraft of foreign registry to
land in Philippine territory or seizing or
usurping the control thereof while it is in the said
territory; and
By shipping, loading, or carrying in any passenger
aircraft operating as a public utility w/in the
Philippines, any explosive, flammable, corrosive
or poisonous substance or material.
1.
2.
3.
That the offender is a public officer or employee

(whose official duties include the authority to make
an arrest and detain persons);
That he detains a person; and
That it was without legal grounds.
ART. 125. DELAY IN THE DELIVERY OF DETAINED

PERSONS TO THE PROPER JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or employee;
1. That he has detained a person for some legal
ground; and
2. That he fails to deliver such person to the proper
judicial authority within:
12 hours, detained for crimes punishable by

light penalties, or equivalent;
18 hours, for crimes punishable by correctional

penalties, or their equivalent; or
36 hours, for crimes/offenses punishable by

capital punishment or afflictive penalties, or
their equivalent.
ART. 127. EXPULSION
ELEMENTS:
2. That he expels any person from the Philippines, or
compels a person to change his residence; and
3. That the offender is not authorized to do so by law.
ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his Residence
ART. 128. VIOLATION OF DOMICILE
IN FLIGHT From the moment all exterior doors are

closed following embarkation until the same doors are
again opened for disembarkation.
ELEMENTS:
2. That he is not authorized by judicial order to enter
the dwelling and/or to make a search therein for
papers or other effects; and
3. That he commits any of the following acts:
a. entering any dwelling against the will of the
owner thereof;
b. searching papers or other effects found therein
without the previous consent of such owner;
c. refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE
ART. 129. SEARCH WARRANTS MALICIOUSLY

OBTAINED, AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED
CLASSES OF ARBITRARY DETENTION:

1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the
proper judicial authorities
3. Delaying release
ACTS PUNISHABLE:
1. procuring a search warrant without just cause
ELEMENTS:
That the offender is a public officer or

employee;
That he procures a search warrant; and
That there is no just cause.
2.
3.
ART. 124. ARBITRARY DETENTION

ELEMENTS:
aries gallandez_12
#GOBACKTOBASIC

2.
exceeding his authority by using unnecessary

severity in executing a search warrant legally
procured
ELEMENTS:
That the offender is a public officer or

employee;
That he has legally procured a search warrant;

and
That he exceeds his authority or uses

unnecessary severity in executing the same.
ART. 130. SEARCHING DOMICILE WITHOUT

WITNESSES
ELEMENTS:
3. That he is armed with a search warrant legally
procured;
2. That he searches the domicile, papers or other
belongings of any person; and
3. That the owner or any member of his family, or
two witnesses residing in this same locality is not
present.
ART. 131. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without legal ground
the holding of a peaceful meeting, or dissolving
the same (e.g. denial of permit in arbitrary
manner).
b. hindering any person from joining any lawful
association or from attending any of its meetings
c. prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction
of abuses or redress of grievances.
ART. 132. INTERRUPTION OF RELIGIOUS
ELEMENTS:
1. That the officer is a public officer or employee;
2. That religious ceremonies or manifestations of
any religion are about to take place or are going on;
and
3. That the offender prevents or disturbs the same.
ART. 133. OFFENDING RELIGIOUS FEELINGS
ELEMENTS:
1. Acts complained of were performed in a place
devoted to religious feelings, or during the
celebration of any religious ceremony
2. Acts must be notoriously offensive to the
feelings of the faithful;
3. Offender is any person; and
4. Theres a deliberate intent to hurt the feelings of
the faithful, directed against religious tenet.
CRIMES AGAINST PUBLIC ORDER

POLITICAL CRIMES are those directly aimed against
the political order, as well as such common crimes as may
be committed to achieve a political purpose. The decisive
factor is the intent or motive.
ART. 134. REBELLION OR INSURRECTION
ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or movement is
either:
a. to remove from the allegiance to
b. said government or its laws the
b. territory of the Philippines or any part thereof or
any body of land, naval or other armed forces,
or
c. to deprive the chief executive or congress,
wholly or partially, of any of their powers or
prerogatives.
Rebellion is the term 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 governmental authority w/ respect to particular
matters or subjects.
ART. 135 A. COUP D ETAT
ELEMENTS:
1. Offender is a person or persons belonging to the
military, or police or holding any public office or
employment
2. Committed by means of swift attack, accompanied
by violence, intimidation, threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power
4. For the purpose of seizing or diminishing state
power.
WHO ARE LIABLE FOR PENALTIES:
REBELLION:
1. Leaders reclusion perpetua
2. Participants reclusion temporal
3. Deemed leader reclusion perpetua
COUP DETAT:
1. Leaders reclusion perpetua
2. Participants (govt) reclusion temporal
3. Participants (not govt) prision mayor
4. Deemed leader reclusion perpetua
ART. 136. CONSPIRACY AND PROPOSAL TO
COMMIT
COUP
D
ETAT,
REBELLION
INSURRECTION
TITLE THREE
aries gallandez_12
#GOBACKTOBASIC
OR

ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR

EMPLOYEES
ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means in their
power; or
2. Continuing to discharge the duties of their offices
under the control of rebels; or
3. Accepting appointment to office under rebels.
ART.
138.
INCITING
TO
REBELLION
OR
INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is not in
open hostility against the government;
2. That he incites others to the execution of any of the
acts of rebellion; and
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.
ART. 139. SEDITION
ELEMENTS:
1. That the offenders rise
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods; and
3. That the offenders employ any of those means to
attain any of the following objects:
a. to prevent the promulgation or execution of any
law or the holding of any popular election;
b. to prevent the national government, or any
provincial or municipal government, or any public
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order; to inflict any act of hate or
revenge upon the person or property of any
public officer or employee;
c. to commit for any political or social end, any act
of hate or revenge against private persons or any
social class; or
d. 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 is the raising of commotions or disturbances in
the State. Its ultimate object is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
Tumultuous uprising means that it is caused by more
than 3 persons who are armed or provided w/ means
of violence.
ART. 141. CONSPIRACY TO COMMIT SEDITION
NOTE: There must be an agreement and a decision to rise
publicly and tumultuously to attain any of the objects of
sedition in order to constitute crime of conspiracy to
commit sedition.
ACTS PUNISHABLE:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of
speeches, proclamations, writings, emblems
etc.
2. Uttering seditious words or speeches which tend to
disturb the public peace;
3. 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; or
4. Knowingly concealing such evil practices.
Chapter Two - CRIMES AGAINST
POPULAR REPRESENTATION
ARTICLE 145.
IMMUNITY.
VIOLATION
OF
PARLIAMENTARY
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or fraud to
prevent any member of Congress from attending
the meeting of the assembly or any of its
committees,
constitutional
commissions
or
committees or divisions thereof, or from expressing
his opinions or casting his vote.
2. 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.
Chapter Three - ILLEGAL ASSEMBLIES
ARTICLE 147. ILLEGAL ASSOCIATIONS
TWO KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for the
purpose of committing any of the crimes in
RPC; or
2. For some purpose contrary to public morals.
Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE
ART. 148. DIRECT ASSAULT
TWO WAYS TO COMMIT DIRECT ASSAULT:
1. Without public uprising, by employing force or
intimidation for attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition (first form)
2. Without public uprising, by attacking, by
employing force or by seriously intimidating or
by seriously resisting any person in authority o
any of his agents, while engaged in the
performance of official duties, or on the occasion of
such performance (second form).
NOTES:
ART. 142. INCITING TO SEDITION
aries gallandez_12
#GOBACKTOBASIC

General Rule: Direct assault is always

complexed with the material consequence of the
act (Ex. Direct assault with murder).
Exception: If resulting in a light felony, the
consequent crime is absorbed.
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).
A person in authority is 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.
An 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.
QUALIFYING CIRCUMSTANCES:
1. when the assault is committed with a weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hand upon a person in
authority
ARTICLE 149. INDIRECT ASSAULT
ELEMENTS:
1. The direct assault is committed against an agent
of a person in authority;
1. That the offended party comes to the aid of such
agent of a person in authority; and
2. That the offender makes use of force or
intimidation upon the said offended party.
NOTES:
Indirect assault can be committed only when a
direct assault is also being committed.
To be indirect assault, the person who should be
aided is the agent and not the person in
authority. In the latter case, it is already direct
assault.
According to Art 152: The person coming to the
aid of the person in authority is considered an agent
and an attack on the latter is already direct assault.
ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO
A PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON
ELEMENTS
RESISTANCE
&
SERIOUS
DISOBEDIENCE
1. That a person in authority or his agent is engaged
in the performance of official duty or gives a lawful
order to the offender;
2. That the offender resists or seriously disobeys such
person in authority or his agent; and
aries gallandez_12
3.
4.
That the act of the offender is not included in

the provisions of arts. 148, 149 and 150.
ELEMENTS SIMPLE DISOBEDIENCE (par. 2)

1. That an agent of a person in authority is engaged in
the performance of official duty gives a lawful order
to the offender;
2. That the offender disobeys such agent of a person
in authority; and
3. That such disobedience is not of a serious nature.
ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS
OF PERSONS IN AUTHORITY WHO SHALL BE
DEEMED AS SUCH
PERSON IN AUTHORITY any person directly vested
with jurisdiction, whether as an individual or as a member
of some court or governmental corporation, board or
commission. They include:
a. Barangay captain
b. Barangay chairman
For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of public or
duly recognized private schools, colleges and
universities
d. 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. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in
authority
NOTES: 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.
Chapter Five - PUBLIC DISORDERS
ARTICLE 153. TUMULTS AND OTHER DISTURBANCES
OF PUBLIC ORDER TUMULTUOUS DISTURBANCE
OR
INTERRUPTION LIABLE TO CAUSE DISTURBANCE
TUMULTUOUS - caused by more than 3 persons who are
armed or provided with means of violence.
ARTICLE 155.
PUNISHABLE:
ALARMS AND
SCANDALS ACTS
#GOBACKTOBASIC

1.
2.
3.
4.
Discharging any firearm, rocket, firecracker, or

other explosive within any town or public place,
calculated to cause alarm or danger.
Instigating or taking active part in any charivari
or other disorderly meeting offensive to another or
prejudicial to public tranquility.
Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusement.
Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
the act is not covered by Art 153 (tumult).
NOTES:
Charivari is a mock serenade or discordant noises
made with kettles, tin horns etc., designed to
deride, insult or annoy.
Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm (Art.
254).
ARTICLE 156. DELIVERING PRISONERS
ELEMENTS:
1. That there is a person confined in a jail or penal
establishment;
2. That the offender removes therefrom such person,
or helps the escape of such person.
Chapter Six
EVASION OF SENTENCE OF SERVICE OF SENTENCE
ART 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists in
deprivation of liberty (destierro included); and
3. That he evades the service of his sentence by
escaping during the term of his sentence.
ARTICLE 158. EVASION OF SERVICE OF SENTENCE
ON
THE
OCCASION
OF
DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR OTHER
CALAMITIES
ELEMENTS:
1. That the offender is a convict by final judgment
who is confined in a penal institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not participated;
3. 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; and
4. That the offender fails to give himself up to the
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of such
calamity.
ARTICLE 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
aries gallandez_12
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the
chief executive; and
3. That he violated any of the conditions of such
pardon.
TWO PENALTIES:
1. prision correccional in its minimum period if the
penalty remitted does not exceed 6 years.
2. the unexpired portion of his original sentence if
the penalty remitted is higher than 6 years.
ART. 160. COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANTOHER
PREVIOUS OFFENSE PENALTY (NOTE: this article
provides for quasi-recidivism)
ELEMENTS:
1. That the offender was already convicted by final
judgment of one offense; and
2. That he committed a new felony before beginning
to serve such sentence or while serving the
same.
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
Chapter One Forgeries
ARTICLE 161. COUNTERFEITING THE GREAT SEAL
OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS,
FORGING THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ACTS PUNISHABLE:
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.
NOTE: When the signature of the President is forged, it is
not falsification but forging of signature under this article.
ARTICLE 162. USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP
ELEMENTS:
1. That the great seal of the Republic was
counterfeited or the signature or stamp of the chief
executive was forged by another person;
2. That the offender knew of the counterfeiting or
forgery;
3. That he used the counterfeit seal or forged
signature or stamp.
NOTE: Offender is NOT the forger or the cause of the
counterfeiting
ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
ELEMENTS:
1. That there be false or counterfeited coins (need
not be legal tender);
2. That the offender either made, imported or
uttered such coins; and
#GOBACKTOBASIC

3.
That, in case of uttering such false or

counterfeited
coins,
he
connives
with
counterfeiters or importers.
Counterfeiting is the imitation of legal or genuine coin

such as to deceive an ordinary person in believing it to be
genuine.
ARTICLE 164. MUTILATION OF COINS IMPORTATION
AND UTTERANCE OF MUTILATED COINS
ACTS PUNISHABLE (PD 247):
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
ARTICLE 169. HOW FORGERY IS COMMITTED 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 are done but genuine appearance is not

given, the crime is frustrated.
P.D. No. 247 punishes the willful defacement,
mutilation, tearing, burning, or destruction in any
manner of currency notes or coins issued by the
Central Bank of the Philippines.
ACTS OF FALSIFICATION
a.
b.
c.
d.
Counterfeiting or imitating any handwriting,

signature or rubric.
Causing it to appear that persons have
participated in an act or a proceeding
Attributing to persons who have participated in
any act or proceeding statements other than
those in fact made by them.
Making untruthful statements in a narration of
facts.
DOCUMENT - any written statement by which a right is

established or an obligation is extinguished
COUNTERFEITING intent or attempt to imitate
FEIGNING - to represent by false appearance when no
original exists
Chapter Two OTHER FALSITIES
ARTICLE 178. USING FICTITIOUS
CONCEALING TRUE NAME
NAME
AND
ELEMENTS OF USING FICTITIOUS NAME:

1. That the offender uses a name other than his real
name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is
a. To conceal a crime,
b. To evade the execution of a judgment, or
aries gallandez_12
c.
To cause damage to public interest.
ELEMENTS OF CONCEALING TRUE NAME:

1. That the offender conceals
a. his true name, and
b. all other personal circumstances;
2. That the purpose is only to conceal his identity.
C.A. NO. 142 Anti-Alias Law
ARTICLE 179. ILLEGAL USE OF UNIFORMS OR
INSIGNIA
ELEMENTS:
1. That the offender makes use of insignia, uniform
or dress;
2. 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; and
3. That said insignia, uniform or dress is used
publicly and improperly.
NOTES:
An exact imitation of the dress or uniform is

unnecessary; a colorable resemblance calculated
to deceive is sufficient
ARTICLE 180. FALSE TESTIMONY AGAINST A
DEFENDANT
ELEMENTS:
1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath against the
defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false testimony is
given is either acquitted or convicted in a final
judgment.
FALSE TESTIMONY - committed by a person who, being
under oath and required to testify as to the truth of a
certain matter at a hearing before a competent authority,
shall deny the truth or say something contrary to it
ARTICLE 181. FALSE TESTIMONY FAVORABLE TO
THE DEFENDANT
False testimony in favor of defendant need not directly
influence the decision of acquittal nor benefit the
defendant(intent to favor defendant sufficient)
ARTICLE 183. FALSE TESTIMONY IN OTHER CASES
AND PERJURY IN SOLEMN AFFIRMATION
ELEMENTS:
1. That an accused made a statement under oath or
made an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer, authorized to receive and
administer oath;
3. That in that statement or affidavit, the accused
made a willful and deliberate assertion of a
falsehood; and
4. That the sworn statement or affidavit containing the
falsity is required by law.
#GOBACKTOBASIC

Two (2) Ways Of Committing Perjury:

a. by falsely testifying under oath
b. by making a false statement
1.
2.
Subornation of perjury is committed if a person

procures another to swear falsely and the witness
suborned does testify under circumstances rendering him
guilty of perjury.
Perjury is an offense which covers false oaths other than
those taken in the course of judicial proceedings.
ART. 184. OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony;
2. That he knew the witness or the testimony was
false; and
3. That the offer was made in a judicial or official
proceeding.
P.D. 1602 Prescribing stiffer penalties in illegal gambling
P.D. No. 483 Betting, Game-fixing or Point-shaving and
Machinations in Sport Contests.
ART. 200: GRAVE SCANDAL
Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as offending
against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the RPC;
and
4. That the act/s complained of be committed in a
public place or within the public knowledge or view.
Grave scandal It 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. The public view is not
required. It is sufficient if committed in public place. For
being committed within the public knowledge, it may occur
even in a private place; the number of people who sees it
is not material.
ART. 201: IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
The test of obscenity is 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.
Mere nudity in paintings and pictures is not
obscene.
Pictures w/ a slight degree of obscenity having no
artistic value and being intended for commercial
purposes fall within this article.
Publicity is an essential element.
ART. 202: VAGRANTS AND PROSTITUTES
3.
4.
5.
6.
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;
Persons found loitering around public an semipublic places without visible means of support;
Persons tramping or wandering around the country
or the streets with no visible means of support;
Idle or dissolute persons lodging in houses of illfame;
Ruffians or pimps and those who habitually
associate with prostitutes (may include even the
rich); and
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.
PROSTITUTES - women who habitually (not just 1 man)

indulge in sexual intercourse or lascivious conduct for
money or profit (If a man indulges in the same conduct,
the crime committed is vagrancy.)
DISSOLUTE lax, unrestrained, immoral (includes
maintainer of house of prostitution)
RUFFIANS brutal, violent, lawless
P.D. 1653 ANTI MENDICANCY LAW
Persons liable:
1. Mendicant Those with no visible and legal means
of support, or lawful employment and physically
able to work but neglects to apply himself to lawful
calling and instead uses begging as means of living
(higher penalty if convicted 2 or more times)
2. Any person who abets mendicancy by giving
alms on public roads, sidewalks, parks and bridges
except if given through organized agencies
operating under rules and regulations of Ministry of
Public Information
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
ART. 203: WHO ARE PUBLIC OFFICERS
Requisites:
1. Taking part in the performance of public functions in
the Government, or performing public duties as an
employee, agent or subordinate official, of any rank
or class, in the government or any of its branches;
and
2. That his authority to take part in the performance of
public functions or to perform public duties must be
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority.
Who are considered VAGRANTS:
aries gallandez_12
#GOBACKTOBASIC

Malfeasance Doing of an act which a public officer

should not have done. E.g Direct Bribery
Misfeasance Improper doing of an act which a p erson
might lawfully do.
Nonfeasance Failure of an agent to perform his
undertaking for the principal.
ART. 210: DIRECT BRIBERY
Elements:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise or
receives a gift or present by himself or through
another;
3. That such offer or promise be accepted or
gift/present received by the public officer (Mere
agreement consummates the crime and delivery of
consideration is not necessary) a. with a view to committing some crime;
b. in consideration of an execution of an act which
does not constitute a crime, but the act must be
unjust; (contemplates an accepted gift, and an
overt act)
c. to refrain from doing something which is his
official duty to do; (should not be a crime)
4. That the act which the offender agrees to perform
or which he executes be connected with the
performance of his official duties (need not be a
statutory duty).
ART. 211: INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by reason of
his office.
In direct bribery, the officer agrees to perform or refrain
from doing an act; In indirect bribery, it is not necessary
that the officer do an act.
ARTICLE 211-A. QUALIFIED BRIBERY
ELEMENTS:
1. That the offender is a public officer entrusted with
law enforcement;
2. That he refrains from arresting/ prosecuting
offender for crime punishable by reclusion
perpetua and/or death (if lower penalty than
stated above, direct bribery is the crime); and
3. In consideration of any offer, promise or gift.
ARTICLE 212. CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises or
gives gifts or presents to a public officer; and
2. 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.
Under PD 749, givers of bribes and other gifts as well as
accomplices in bribery and other graft cases are immune
from prosecution if they voluntarily give any information
about any commission of direct, indirect, and qualified
bribe.
aries gallandez_12
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND
TRANSACTIONS
A.
FRAUDS AGAINST PUBLIC TREASURY 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.
B.
ILLEGAL EXACTIONS Mere demand of a larger or

different amount is sufficient to consummate the
crime. The essence is the improper collection and
damage to the government is not required.
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.
When there is deceit in demanding larger fees, the
crime committed is estafa.
RA 7080 An Act Defining and Penalizing the Crime of

Plunder
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
ARTICLE 217. MALVERSATION OF PUBLIC FUNDS OR
PROPERTY
ELEMENTS:
1. That the offender be a public officer (or private
person if entrusted with public funds or if in
connivance with public officers);
2. That he had the custody or control of funds or
property (if not accountable for the funds, crime
committed is theft or qualified theft);
3. That those funds or property were public funds or
property (even if private funds, they become public
if attached, seized, deposited or commingled with
public funds); and
4. That he
a. took or misappropriated them
b. 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 by

his malversation. His being remiss in the duty of
safekeeping public funds violates the trust reposed.
Public funds taken need not be misappropriated.
Malversation is otherwise called embezzlement.
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS OR

PROPERTY
ELEMENTS OF TECHNICAL MALVERSATION:
2. That there is public fund or property under his
administration;
#GOBACKTOBASIC

3.
4.
That such public fund or property has been

appropriated by law or ordinance (without this,
it is simple malversation) ; and
That he applies the same to a public use other
than for which such fund or property has been
appropriated by law or ordinance.
2.
That he solicits or makes immoral or indecent

advances to a woman.
3. That such woman must bea. interested in matters pending before the
offender for decision, or with respect to which
he is required to submit a report to or consult
with a superior officer; or
b. under the custody of the offender who is a
warden or other public officer directly charged
with the care and custody of prisoners or persons
under arrest; or
c. the wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender.
ARTICLE 224. EVASION THROUGH NEGLIGENCE

ELEMENTS:
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner or
prisoner by final judgment; and
3. That such prisoner escapes through his
negligence.
CRIMES AGAINST PERSONS

A.
ARTICLE 225. ESCAPE OF PRISONER UNDER THE

CUSTODY OF A PERSON NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him;
3. That the prisoner or person under arrest escapes;
and
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place through his negligence.
DESTRUCTION OF LIFE
PARRICIDE
Elements:
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.
The child should not be less than 3 days old, otherwise the
crime is infanticide.
Art. 235- Maltreatment of prisoners

Elements:
1.
2.
3.
That the offender is a public officer

That he has under his charge a prisoner or
detention prisoner
That he maltreats such prisoner in either of the
following manners:
a.
By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either1
by the imposition of punishments not
authorized by the regulations, or
2
by inflicting such punishments (those
authorized) in a cruel and humiliating
manner; or
b.
By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
Art. 238- Abandonment of office or position

Elements:
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the
public service.
Art. 245- Abuses against chastity
Elements:
1. That the offender is a public officer.
aries gallandez_12
DEATH OR PHYSICAL INJURIES INFLICTED UNDER

EXCEPTIONAL CIRCUMSTANCES
Elements:
1. a legally married person or a parent surprises his
spouse or his daughter, the latter under 18 years of
age and living with him, in the act of committing
sexual intercourse with another;
2. he or she kills any or both of them or inflicts upon
any or both of them any serious physical injury in
the act or immediately thereafter; and
3. he has not promoted of facilitated prostitution of his
wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
NOTE: Applicable if the daughter is still single.
MURDER
Elements:
1. A person was killed;
2. The accused killed him;
3. Killing was accompanied by any of the qualifying
circumstances mentioned in Art. 248;
4. Killing is not parricide or infanticide.
Qualifying Circumstances:
a. with treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken defense, or of means or persons
to insure or afford impunity;
b. in consideration of price, reward, or promise;
c. by means of fire, poison, explosion, etc.
d. on occasion of any calamities enumerated in the
preceeding paragraph, or of an earthquake,
#GOBACKTOBASIC

e.
f.
eruption of a volcano, destructive cyclone, or any

other public calamity;
with evident premeditation.
with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpose.
HOMICIDE
Elements:
1. a person was killed;
2. accused killed him without any justifying
circumstance;
3. accused had intention to kill, which is presumed;
and
4. killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or
infanticide.
DEATH CAUSED IN A TUMULTOUS AFFRAY
Elements:
1. there be several persons;
2. they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
3. these several persons quarreled and assaulted one
another in a confused and tumultuous manner;
4. someone was killed in the course of the affray;
5. it cannot be ascertained who actually killed the
deceased; and
6. person or persons who inflicted serious physical
injuries or who use violence can not be identified.
Tumultuous affray exists when at least four persons took
part; Person killed in the course of the affray need not be
one of the participants thereof. If person who inflicted fatal
wound is known, crime is not homicide in tumultuous
affray but homicide under ART. 249.
GIVING ASSISTANCE TO SUICIDE
Act Punishable:
1. assisting another to commit suicide, whether same
is consummated or not;
2. by lending his assistance to another to commit
suicide to the extent of doing the killing himself.
Euthanasia- mercy killing the practice of painlessly
putting to death a person suffering from some incurable
disease. Not considered as lending assistance to suicide
because the person killed does not want to die. A doctor
who resorts to mercy-killing of his patient may be liable for
murder.
DICHARGE OF FIREARM
Elements:
1. offender discharges a firearm against or at another
person; and
2. offender has no intention to kill that person.
3.
accused killed the child.
What is required if the victim is fetus?

The fetus must already be viable, otherwise the
crime is not infanticide but abortion. If the fetus had an
intra-uterine life of less than seven months and it was
destroyed within 24 hours after its complete separation
from the womb, it is still abortion.
INTENTIONAL ABORTION
Acts Punishable:
1. by using any violence upon a pregnant woman;
2. by acting but without using force, without the
consent of the woman, ( by administering drugs or
beverages upon such pregnant woman without her
consent);
3. By acting, (by administering drugs or beverages)
with the consent of pregnant.
UNINTENTIONAL ABORTION
Elements:
1. there is pregnant woman;
2. violence is used upon such pregnant woman;
3. violence is intentionally committed; and
4. as a result of such violence fetus dies, either in the
womb or after having been expelled therefrom.
DUEL A formal or regular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on its side, who make selection of
arms and fix all other conditions of the fight.
Acts Punishable:
1. by killing ones adversary in a duel;
2. by inflicting upon such adversary physical injuries;
and
3. by making a combat although no physical injuries
have been inflicted.
CHALLENGING TO DUEL
Acts punished;
1. by challenging another to duel;
2. inciting another to give or accept a challenge to
duel;
3. scoffing or decrying another publicly for having
refused to accept a challenge to fight in a duel.
Persons Responsible:
1. challenger
2. instigator
NOTE: A person who challenges another to a duel
commits grave coercion. If killing occurs, it is homicide or
murder as the case may be.
PHYSICAL INJURIES
MUTILATION
INFANTICIDE
Elements:
1. a child was killed;
2. deceased child was less than 3 days (72 hrs.) of
age; and
aries gallandez_12
Kinds:
1. Intentionally mutilating another by depriving him,
either totally or partially of some essential organ for
reproduction;
#GOBACKTOBASIC

2.
Intentionally making other mutilation that is by

looping or clipping off any part of the body of the
offended party other than the essential organ for
reproduction to deprive him of that part of the body.
Elements:
1. that there be a castration, that is, mutilation of
organs necessary for generation such as penis and
ovarium;
2. that mutilation is caused purposely and deliberately,
that is to deprive the offended party of some
essential organ of reproduction.
PHYSICAL INJURIES
It is a formal crime because it is penalized on the
basis of the gravity of the injury. What is punished is the
consequence and not the stage of execution. Hence it
cannot be committed in an attempted or frustrated stage.
Serious Physical
Injury
Incapacity
for
work is beyond 30
days.
Less serious
PI
10-30
days
duration
of
healing
or
treatment,
incapacitated
from work for
less than 30
days.
Deformity
is
created upon the
offended
party,
healing duration
or
period
of
treatment
is
disregarded.
Deformity;
The injury brought
about an ugliness
upon
the
offended;
Such
ugliness
would
not
disappear through
natural
healing
process.
Slight PI
1-9 days duration of
healing
or
treatment, however
if medical treatment
exceeds 9 days it
would qualify as
Less Serious.
This involves ill
treatment
where
there is no sign of
injury
requiring
medical treatment.
Ill-treatmentis
committed
by
inflicting of pain
although there is no
wound but the pain
suffered gives rise
to slight physical
injuries.
RAPE (R.A. 8353)

How committed?
1. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority; and
d. When the offended party is under twelve (12)
years of age or is demented, even though none
of the circumstances mentioned above is
present.
aries gallandez_12
2.
By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act
of sexual assault by inserting his penis into another
persons mouth or anal orifice, or any instrument or
object, into genital or anal orifice of another person.
Pardon by the offended party The valid marriage

between the offender and the offended party shall
extinguish the action or penalty imposed.
CRIMES AGAINST LIBERTY
KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Elements:
1. that the offender is a private individual
2. that he kidnaps or detains another, or in any
manner deprives the latter of his liberty
3. that the act of detention or kidnapping must be
illegal.
4. that in the commission of the offense, any of the ff.
circumstances is present.
a. that the kidnapping or detention lasts for more
than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted
upon person kidnapped or detained or threats to
kill him are made.
d. That the person kidnapped or detained is a
minor, female or a public officer.
Ransom Money, price or consideration paid or
demanded for redemption of a captured person that would
release then from captivity.
Kidnapping connotes the idea of transporting the
offended party from one place to another
Illegal detention connotes the idea, that is

restrained of his liberty without necessarily
transporting him from one place to another
SLIGHT ILLEGAL DETENTION

Elements:
1. that the offender is private individual
2. that he kidnaps or detains another, or in any
manner deprives him of his liberty
3. that the act of kidnapping or detention is illegal
4. that the crime is committed without the attendance
of any of the circumstances enumerated in 267
UNLAWFUL ARREST
Elements:
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 therefore.
KIDNAPPING AND FAILURE TO RETURN A MINOR
Elements:
1. that the offender is entrusted with the custody of a
minor person (over or under 7 but less than 21)
#GOBACKTOBASIC

2.
that he deliberately fails to restore the said minor to

his parents or guardian.
INDUCING A MINOR TO ABANDON HIS HOME

Elements:
1. that minor (whether over or under 7 years of age) is
living in the home of his parents or guardian or the
person entrusted with his custody.
2. that the offender induces said minor to abandon
such home.
SLAVERY
Elements:
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.
ART. 275: ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF ONES OWN VICTIM
Punishable Acts:
1. failure to render assistance to any person whom the
offender finds in an uninhabited place, wounded or
in danger of dying when he can render such
assistance without to himself, unless such omission
shall constitute a more serious offense
2. Failing to deliver a child, under seven years whom
the offender has found abandonment, to the
authorities or to his family, by failing to state him to
a safe place.
ART. 276: ABANDONING A MINOR
Elements:
1. that the offender has the custody of a child
2. that the child is under seven years
3. that he abandons such child
4. that he has no intent to kill the child when the latter
is abandoned
ART. 280: QUALIFIED TRESPASS TO DWELLING
Elements:
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
ART. 282-GRAVE THREATS

Prohibited Acts:
1. Threatening another with the infliction upon his
person, honor, or property or that of his family any
wrong amounting to a crime and demanding money
or imposing any other condition, even though not
unlawful, and the offender attained his purpose
2. Making such threat without the offender attaining
his purpose
3. Threatening another with the infliction upon his
person, honor, or property or that of his family any
wrong amounting to a crime, the threat not being
subject to a condition
Threats made in connection with the commission of other
crimes are absorbed by the latter; but if the threat was
made with the deliberate purpose of creating in the mind
of the person threatened the belief that the threat would be
carried into effect, the crime is GRAVE THREATS, and the
minor crime which accompanied it should be disregarded
ART. 283- LIGHT THREATS
ELEMENTS:
1. That the offender makes 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 or, has not attained his purpose
NOTE: Blackmailing may be punished under Art. 283
ART. 284- BOND FOR GOOD BEHAVIOR
Dwelling any building or structure exclusively devoted

for rest and comfort, as distinguished from places devoted
to business, offices etc.
ART. 281: OTHER FORMS OF TRESPASS
Elements:
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.
Premises signifies distinct and definite locality. It may
mean a room, shop, building or definite area, but in either
case, locality is fixed.
aries gallandez_12
Cases when a person is obliged to file the bond

1. When he threatens another under circumstances
mentioned in 282
2. When he threatens another under circumstances
mentioned under 283
ART. 285-OTHER LIGHT THREATS
Prohibited Acts:
1. Threatening another with a weapon, or by inducing
such weapon in a quarrel, unless it be in lawful selfdefense
2. Orally threatening another, in the heat of anger, with
some harm (not) constituting a crime, without
persisting in the idea involved in his threat
3. Orally threatening to do another any harm not
constituting a felony
#GOBACKTOBASIC

ART. 286-GRAVE COERCION

ELEMENTS:
1. That a person prevented another from doing
something not prohibited by law, or
2. That he compelled him to do something against his
will, be it right or wrong
3. That the prevention or compulsion be effected by
violence, either by material force or such display of
force as would produce intimidation and control the
will of the offended party
4. That the person that restrained the will and liberty of
another had not the authority of law or the right to do
so, or of law or in the exercise of any lawful right
NOTE: If the act was already done when violence was
exerted, the crime is UNJUST VEXATION
ART. 287- LIGHT COERCION
ELEMENTS:
1. That the offender must be a creditor
2. That he seizes anything belonging to his debtor
3. 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
NOTE: No violence employed, unjust vexation
UNJUST VEXATION Includes any human conduct
which, although not productive of some physical or
material harm would, however, unjustly annoy or vex
innocent persons. The paramount question to be
considered whether UNJUST vexation is committed
whether the offenders act caused annoyance, irritation,
vexation, torment, distress or disturbance to the mind of
the person to whom it is directed
ART.
288OTHER
SIMILAR
COERCIONS
(COMPULSORY PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF TOKENS)
Prohibited Acts:
1. Forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
2. Paying the wages due his laborer or employee by
means of tokens or objects other than the legal tender
currency of the Phil., unless expressly requested by
such laborer or employee
CRIMES AGAINST PROPERTY
(ARTS. 293-331)
The taking of personal property belonging to another, with

intent to gain, by means of violence against or, intimidation
of any person, or use of force upon things.
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or violence of persons
(294,297,298)
2. Robbery by use of force upon things (299& 302)
ELEMENTS OF ROBBERY IN GENERAL:
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
4. That there is violence against or intimidation of any
person/ or force used upon things
NB: Violence or intimidation must be present before the
taking of personal property is complete
CLASS I
ART. 294- ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Crime defined in this article is a SPECIAL COMPLEX

CRIME the rule is that an intent to take personal
property belonging to another must precede the
killing; the original design is robbery
Robbery and homicide are separate offenses when
the homicide was not committed on the occasion or
by reason of the robbery if the original design is not
to commit robbery, but the robbery is committed after
the homicide as an afterthought and a minor incident
in the homicide
When homicide is not proved, the crime is only
robbery and vice versa
Rape committed on the occasion of robbery is still
robbery with rape even if the rape was committed in
another place
ROBERRY
W/
VIOLENCE
There is violence used
by the offender
GRAVE COERCION
There is intent to gain
Intent to gain is not

present
ROBBERY
When the victim did
not commit a crime
and he is intimidated
with arrest and or
prosecution to deprive
him of his personal
property
The victim is deprived
of his money, property
by force or intimidation
BRIBERY
When the victim has
committed a crime and
gives money to avoid
arrest or prosecution.
There is violence used

by the offender
He parts
money in
voluntarily
with his
a sense
ART. 293-ROBBERY
aries gallandez_12
#GOBACKTOBASIC

ART. 296- DEFINITION OF A BAND AND PENALTY

INCURRED BY THE MEMBERS THEREOF
OUTLINE:
1. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band
2. When any of the arms used in the commission of
robbery is not licensed, the penalty upon all the
malefactors shall be the max. of the corresponding
penalty provided by law without prejudice to the
criminal liability for illegal possession of such firearms
3. Any member by a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any of the assaults
committed by the band, unless it be shown that he
attempted to prevent the same
CLASS II: ROBBERY BY THE USE OF FORCE UPON

THINGS
ART. 299- ROBBERY IN AN INHABITED HOUSE/
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
ELEMENTS: (Subdivision A)
1. The offender entered (a) an inhabited house (b) a
public building or (c) an edifice devoted to religious
worship
2. The entrance was effected by any of the following
means:
3. Through an opening not intended for entrance or
egress;
By breaking any wall, roof, floor, door or window;
By using false keys, picklocks or similar tools; or
By using any fictitious name or pretending the

exercise of public authority
Inhabited house includes any shelter, ship, or vessel

constituting the dwelling of one or more persons even
though the inhabitants are temporarily absent
The whole body of the culprit must be inside the
building to constitute entering
The wall broken must be an outside wall, not a wall
between rooms
FALSE KEYS Genuine keys stolen from the owner
or any key other than those intended by the owner for
use in the lock forcibly opened
The key must be stolen. If inmates inside the house
were forced to produce the key, the crime is robbery
with intimidation
If key was used to open a locked wardrobe,
receptacle, drawer or inside door, the crime is theft.
ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered.
2. The offender takes personal property belonging to
another with intent to gain under any of the following
circumstances:
aries gallandez_12
by the breaking of doors, wardrobes, chests, or

any other kind of sealed furniture or receptacle
by taking such furniture or objects away to be
broken or forced open outside the place of the
robbery
It is estafa or theft if the locked or sealed receptacle

is not forced open in the building where it is kept or
taken therefrom to be broken outside (e.g. the locked
receptacle is confided into the custody of the offender
or if the receptacle is found outside the building and is
forcibly opened)
ART. 300- ROBBERY IN AN UNINHABITED

AND BY A BAND
PLACE
Qualified Robbery with Force Upon Things: When the

robbery is committed in an uninhabited place AND by a
band.
ART. 304- POSSESSION OF PICKLOCKS OR SIMILAR
TOOLS
ELEMENTS:
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
ART. 305 FALSE KEYS
INCLUSIONS:
1) Tools not mentioned in the next preceding article
2) Genuine keys stolen from the owner
3) Any keys other than those intended by the owner for
use in the lock forcibly opened by the offender
HIGHWAY ROBBERY/BRIGANDAGE the seizure of
any person for ransom, extortion or other unlawful
purposes or the taking away of the property of another by
means of violence against or intimidation of persons or
force upon things or other unlawful means, committed by
any person on any Philippine highway
DISTINCTION
BRIGANDAGE
1.
Purpose:
commit
robbery in highway; or to
kidnap
person
for
ransom; or any other
purpose attained by force
and violence
2. Agreement to commit
several robberies one of
purposes
3. Mere formation is
ROBBERY IN BAND
1.
Purpose:
commit
robbery, not necessarily
in highways
2. Agreement to commit
a particular robbery
3. Actual commission of
#GOBACKTOBASIC

punished
robbery necessary
ART. 308-WHO ARE LIABLE FOR THEFT

ELEMENTS:
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
All stores, establishments or entities dealing in the

buy and sell of any good, article, item, object or
anything of value shall before offering the same for
sale to the public, secure the necessary clearance or
permit from the station commander of the Integrated
National Police in the town or city where such store,
establishment or entity is located.
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
CRIMES CALLED USURPATION
(ARTS. 312 & 313)
NB: Asportation is complete from the moment the

offender had full possession of the thing.
ART. 312- OCCUPATION OF REAL PROPERTY OR

USURPATION OF REAL RIGHTS IN RPOPERTY
PRESIDENTIAL
DECREE
581
punishes
HIGHGRADING or THEFT OF GOLD
PRESIDENTIAL DECREE 401 punishes the use of
tampered water or electrical meters to steal water or
electricity
ELEMENTS:
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
usurping real property or usurping real rights in
property
4. That there is intent to gain
ART. 310-QUALIFIED THEFT

1.
2.
3.
4.
5.
6.
If theft is committed by a domestic servant

If committed with grave abuse of confidence
If the property stolen is a motor vehicle, mail matter,
or large cattle
If the property stolen consists of coconuts taken from
the premises of plantation
If the property stolen is fish taken from the a fishpond
or fishery
If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
P. D. No. 533 ANTI-CATTLE RUSTLING LAW OF 1974

CATTLE RUSTLING the taking away by any means,
method or scheme, without the consent of the
owner/raiser, of any of the animals (classified as large
cattle) whether or not for profit or gain, or whether
committed with or without violence against or intimidation
of any person or force upon things. It includes the killing of
large cattle, or taking its meat or hide without the consent
of the owner /raiser.
PD No. 1612 ANTI-FENCING LAW
Fencing - the act of any person who, w/ intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell, or dispose of, or shall buy and sell,
or in any other manner deal any article, item, object or
anything of value w/c he knows, or should be known to
him, to have been derived from the proceeds of the crime
of robbery or theft.
Mere possession of any good, article, item, object, or
anything of value w/c has been the subject of robbery or
thievery shall be prima facie evidence of fencing.
THEFT/ROBBERY
Taking or asportation
Personal property is
taken
ART.312
Occupation or
usurpation
Real property or real
right involved
There is intent to
gain
There is intent to
gain
ART.313 - ALTERING BOUNDARIES OR LANDMARKS

ELEMENTS:
1) That there be boundaries 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
ART. 314- FRAUDULENT INSOLVENCY
ELEMENTS:
1) That the offender is a debtor; that is he has an
obligation due and payable
2) That he absconds with his property
3) That there be prejudice to his creditors
ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1. That the accused defrauded another by abuse of
confidence, or by means of deceit
2. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
persons
THEFT
aries gallandez_12
ESTAFA
#GOBACKTOBASIC

A person who
misappropriated
the
thing which he had
received
from
the
offended party may be
guilty of theft, and not
estafa if he had
acquired
only
the
material or physical
possession of the thing
in theft, the offender
takes the thing
In estafa, the
offender receives the
thing form the offended
party; if in receiving the
thing from the offended
party, the offender
acquired
also
the
juridical possession of
the thing and he later
misappropriated it, he
would be guilty of
estafa
Deceit and damage are not

elements of the crime;
The drawer or issuer is
given
5
days
after
receiving
notice
of
dishonor within which to
pay the value of the check
or make arrangements for
the payment thereof.
Estafa is essentially a
crime against property;
False pretenses or deceit
and damage or at least
intent to cause damage
are essential and the
false pretenses must be
prior to or simultaneous
with the damage caused.
ESTAFA
Offenders are
entrusted with funds or
property
MALVERSATION
Offenders are
entrusted with funds or
property
Continuing offense
Continuing offense
INFIDELITY
IN
CUSTODY
OF
DOCUMENT (Art.226)
Manner of committing
the offenses are the
same
under Art. 226
Offender is a public
officer who is officially
entrusted
with
the
document
The funds or
property are always
private
Offender is a private
individual or even a
public officer who is
not accountable for
public
funds
or
property
Crime is committed
by
misappropriating,
converting or denying
having
received
money, goods, or other
personal property
Usually public funds

or property
There is intent to
defraud
Offender who is
usually a public officer
is
accountable
for
public
funds
or
property
ART. 316- OTHER FORMS OF SWINDLING
Crime is committed
by
appropriating,
taking
or
misappropriating
or
consenting, or through
abandonment
or
negligence, permitting
any other person to
take the public funds or
property
1.
2.
3.
4.
5.
6.
,
BP22
Only the drawer or persons
who signed the check for a
judicial or artificial person
are liable, endorsers are
not liable;
Violation
is
malum
prohibitum, good faith is
not a defense;
The violation is a crime

against public interest
because it affects the
entire banking system;
aries gallandez_12
ESTAFA
Not only the drawer bit also
the endorsers who acted
with deceit knowing that
the check is worthless will
be criminally liable;
The issuance of the check
should be the means to
obtain
the
valuable
consideration from the
payee. The offender must
be able to obtain money or
property from the offended
party bec. of the issuance
of the check;
The crime is malum in se
therefore
it
requires
criminal intent;
ESTAFA (Art.315C)
Intent to defraud is not

required
Manner of committing the

offenses are the same
under Art. 226
The offender is a private
individual who is not officially
entrusted
with
the
documents
Any person who, pretending to be the owner of

any real property, shall convey, sell, encumber or
mortgage the same
Any person who, knowing that real property is
encumbered, shall dispose of the same, although
such encumbrance be not recorded
The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person
Any person who, to the prejudice of another, shall
execute any fictitious contract
Any person who shall accept any compensation given
under the belief that it was in payment of services
rendered or labor performed by him, when in fact he
did not actually perform such services or labor
Any person who, while being a surety in a bond given
in a criminal or civil action, without express authority
from the court or before the cancellation of his bond
or before being relieved from the obligation contracted
by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which
he guaranteed the fulfillment of such obligation
ART. 320-326-b REPEALED BY PD 1613

PD 1613 AMENDING THE LAW ON ARSON
ARSON any person who burns or sets fire to the
property of another; or to his own property under the
circumstances which expose to danger the life or property
of another
DESTRUCTIVE ARSON
1) Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored
#GOBACKTOBASIC

2)
3)
4)
5)
6)
7)
Any archive, museum, whether public or private, or

any edifice devoted to culture, education or social
services.
Any train, airplane or any aircraft, vessel or watercraft,
or conveyance for transportation of persons or
property
Any church or place of worship or other building
where people usually assemble
Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceeding
Any hospital, hotel, dormitory, lodging house, housing
tenement, shopping center, public or private market,
theater or movie house or any similar place or
building
Any building, whether used as a dwelling or not,
situated in a populated or congested area
OTHER CASES OF ARSON

1) Any building used as offices of the Government
or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel
4) Any plantation, farm, pasture land, growing crop or
grain field, orchard, bamboo grove or forest
5) Any rice mill, sugar mill, cane mill or mill central
6) Any railway or bus station, airport, wharf, or
warehouse
ART 331- Destroying or damaging statues, public

monuments or paintings
ART. 332 PERSONS EXEMPT FROM CRIMINAL
LIABILITY
Crimes involved:
1. Theft
2. Swindling
3. Malicious mischief
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or
relatives by affinity on the same line
2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same passed the same into the possession of another
3) Brothers and sisters and brothers in law and sisters in
law, if living together
Stepfather, adopted father, natural children,

concubine, paramour included
Also applies to common-law spouses
Not applicable to strangers participating in the
commission
CRIMES AGAINST CHASTITY

(ARTS 333-343)
ART. 333 ADULTERY
SPECIAL AGGRAVATING CIRCUMSTANCES

IN
ARSON
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender in motivated by spite or hatred towards
the owner or occupant of the property burned
4) If committed by a syndicate
ELEMENTS:
1) That the woman is married
2) That she has sexual intercourse with a man not her
husband
3) That as regards to the man with whom she has sexual
intercourse, he must know her to be married
ART. 327 LIABLE FOR MALICIOUS MISCHIEF
MALICIOUS MISCHIEF the willful damaging of

anothers property for the sake of causing damage due to
hate, revenge, or other evil motive
ELEMENTS:
1) That the offender deliberately caused damage to the
property of another
2) That such acts does not constitute arson or other
crimes involving destruction
3) That the act of damaging anothers property be
committed merely for the sake of damaging it
ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF
(Qualified)
1)
2)
3)
4)
Causing damage to obstruct the performance of

public functions
Using poisonous or corrosive substances
Spreading any infection or contagion among cattle
Causing damage to the property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other
thing used in common by the public
aries gallandez_12
Even if the marriage be subsequently declared void.

The offended party must pardon both the offenders
Abandonment of the wife by the husband without
justification is only a mitigating circumstance
ART. 334 CONCUBINAGE

Three ways to commit
1) By keeping a mistress in the conjugal dwelling
2) By having sexual intercourse under scandalous
circumstances with a woman who is not his wife
3) By cohabiting with her in any other place
ART. 336- ACTS OF LASCIVIOUSNESS
ELEMENTS:
1) That the offender commits any act of lasciviousness
or lewdness
2) That it is done under any of the ff. circumstances
By using force or intimidation
When the offended party is deprived of reason or

otherwise unconscious
When the offended party is another person of

either sex
NB: No attempted or frustrated crime of acts of
lasciviousness
#GOBACKTOBASIC

SEDUCTION - Enticing a woman to unlawful sexual

intercourse by promise of marriage or other means of
persuasion without the use of force
ABDUCTION - The taking away of a woman from her

house or the place where she may be for the purpose of
carrying her to another place with intent to marry or to
corrupt her.
Kinds:
1) Qualified Seduction; and
2) Simple Seduction
KINDS
1) Forcible abduction (342)
2) Consented abduction (343)
ART. 337- QUALIFIED SEDUCTION
ART. 342 - FORCIBLE ABDUCTION
Two classes
1) Seduction of a virgin over 12 years and under 18
years of age by certain persons, such as, a
person in authority, priest, teacher, etc.
2) Seduction of a sister by her brother or descendant by
her ascendant, regardless of her age and reputation
ELEMENTS:
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 design
ART. 338 SIMPLE SEDUCTION

ELEMENTS:
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
NB: Virginity of the offended party is not required. Deceit
generally takes the form of the unfulfilled promise of
marriage
ART. 339 ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1) That the offender commits acts of lasciviousness or
lewdness
2) That the acts are committed upon a woman who is a
virgin or a single 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
ART. 340 CORRUPTION OF MINORS
Any person who shall promote or facilitate the

prostitution or corruption of persons under age to
satisfy the lust of another
f the culprit is a public officer or employee,
including those in GOCC, shall suffer also suffer
the penalty of absolute disqualification
ART. 341- WHITE SLAVE TRADE

Prohibited Acts:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the purpose of
prostitution
aries gallandez_12
If female abducted is under 12 years of age, crime is

FORCIBLE ABDUCTION, even if she voluntarily goes
with her abductor.
Sexual intercourse in not necessary. Intent to seduce
is sufficient.
FORCIBLE
ABDUCTION
There is violence or
intimidation used by
the offender and the
offended
party
is
compelled
to
do
something against her
will
GRAVE COERCION
With lewd design
No lewd design
provided there is no
deprivation of liberty
for an appreciable
length of time
FORCIBLE
ABDUCTION
When the violent

taking of a woman is
motivated with lewd
designs
KIDNAPPING
There is violence or
intimidation used by
the offender and the
offended
party
is
compelled
to
do
something against her
will
If without
designs
lewd
ART. 343- CONSENTED ABDUCTION

ELEMENTS:
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
NB: If girl is under 12 ALWAYS FORCIBLE ABDUCTION
#GOBACKTOBASIC

ART. 344 PROSECUTION OF THE CRIMES OF

ADULTERY,
CONCUBINAGE,
SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS
1)
2)
Adultery and concubinage must be prosecuted upon

the complaint signed by the offended spouse
Seduction, abduction and acts of lasciviousness must
be prosecuted upon the complaint signed by
Offended party
Her parents
Grandparents
Guardians
(in the order named above)
Both the guilty parties, if both alive, must be included
in the complaint for adultery and concubinage
Pardon to adultery and concubinage may be express
or implied; whereas express pardon of the offender is
a bar to prosecution for seduction, abduction,
abduction, rape or acts of lasciviousness
Condonation is not pardon in concubinage or adultery
any subsequent acts of the offender showing that
there was no repentance will not bar the prosecution
of the offense
Pardon by the offended party who is a minor must
have the concurrence of parents except when the
offended party has no parents
Marriage of the offender with the offended party
benefits
the
co-principals,
accomplices
and
accessories
ILLEGAL MARRIAGES
(ARTS 349-351)
ART. 349 BIGAMY

ELEMENTS:
1) That the offender has been legally married
2) That the marriage has not been dissolved or, in case
of 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 marriage or subsequent
marriage
4) That the second or subsequent marriage has all the
essential requisites for validity
Nullity of marriage is not a defense in a bigamy

charge
The second marriage must have all the essential
requisites for validity
Validity of second marriage is a prejudicial question to
liability for bigamy
Bigamy not a private offense
A person convicted of bigamy may still be prosecuted
for concubinage
The second spouse who knew of the first marriage is
an accomplice, as well as the person who vouched for
the capacity of either of the contracting parties
ART. 351- PREMATURE MARRIAGES
aries gallandez_12
PERSONS LIABLE
1) A widow who married within 301 days from the date
of the death of her husband, or before having
delivered if she is pregnant at the time of his death
2) A woman who, her marriage having been annulled or
dissolved, married before delivery or before expiration
of the period of 301 days after the date of legal
separation
NB: Period may be disregarded if the first husband was
impotent or sterile
CRIMES AGAINST HONOR
(ARTS 355-364)
ART. 353 LIBEL (DEFAMATION) is a public and
malicious imputation of a crime, or vice or defect, real or
imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural person or juridical person, or to
blacken the memory of one who is dead
ELEMENTS:
1) That there must be an imputation of a crime, or a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstance
2) That the imputation must be made publicly
3) That it must be malicious
4) That the imputation must be directed at a natural
person or a juridical person, or one who is dead.
5) That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.
PUBLICATION communication of the defamatory

matter to some third person/s
Identification of the offended party is required in
fourth element
ART. 356 THREATENING TO PUBLISH AND OFFER TO

PREVENT
SUCH
PUBLICATION
FOR
A
COMPENSATION
Prohibited acts:
1) Threatening another to publish a libel concerning him,
or his parents, spouse, child or other members of the
family
2) Offering to prevent the publication of such libel
for compensation or money consideration
BLACKMAIL any unlawful extortion of money by threats
of accusation or exposure
FELONIES WHERE BLACKMAIL IS POSSIBLE
1. Light threats (283)
2. Threatening to publish, offering to prevent the
publication of a libel for compensation (356)
*GAG Law newspaper reports on cases pertaining to
adultery, divorce, issues about the legitimacy of children,
etc. will necessarily be barred from publication
ART. 358 SLANDER (oral defamation)
KINDS:
#GOBACKTOBASIC

1)
2)
Simple slander
Grave slander, when it is of a serious and
insulting nature
NB: Slander need not be heard by the offended party

ART. 359 SLANDER BY DEED A crime against honor
which is committed by performing any act which casts
dishonor, discredit, or contempt upon another person
ELEMENTS:
1) That the offender performs any act not included in any
other crime against honor
2) That such act is performed in the presence of other
person or persons
3) That such act casts dishonor, discredit, or contempt
upon the offended party
Slander by deed refers to the performance of an act,

not use of words
Slapping of the face of another is slander by deed if
the intention is to cause shame and humiliation
ART. 363 INCRIMINATING INNOCENT PERSONS

ELEMENTS:
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
INCRIMINATING
INNOCENT PERSONS
Offender does not avail
himself of written or
spoken
words
in
besmirching
the
victims reputation
DEFAMATION
Imputation is public
and
malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party
ART. 364 INTRIGUING AGAINST HONOR Committed

by any person who shall make any intrigue which has for
its principal purpose to blemish the honor or reputation of
another
Intriguing against honor is any scheme or plot by means
which consists of some trickery
ART. 365 IMPRUDENCE AND NEGLIGENCE
ACTS
CONSTITUTING
RECKLESSNESS
OR
IMPRUDENCE
1) By committing through reckless imprudence any act
which, had it been intentional, would constitute grave
or less grave felony or light felony.
2) By committing through simple imprudence or
negligence, any act which would otherwise constitute
a grave or less serious felony.
3) By causing through simple imprudence or negligence
some wrong which, if done maliciously would have
constituted a light felony.
aries gallandez_12
IMPRUDENCE
Deficiency of action
Failure in precaution.
Maybe avoided by
paying proper attention
and
using
due
diligence in foreseeing
them.
NEGLIGENCE
Deficiency
of
perception.
Failure
in
inadvertence.
Avoided by taking the
necessary precaution
once
they
are
foreseen.
ELEMENTS:
1) That the offender does or fails to do an act.
2) That the doing of or the failure to do that act is in
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 person performing or failing to perform
such act taking into consideration - - 6) Employment or occupation.
7) Degree of intelligence, physical condition.
8) And other circumstances regarding persons, time and
place.
The doing of the act or the failure to do the act must
be voluntary
If there is intent to kill, the crime is homicide; If there
is intent to cause damage due to hate or revenge, the
crime is malicious mischief
SIMPLE IMPRUDENCE consist in the lack of precaution
displayed in those cases in which the damage impending
to be caused is not immediate nor the danger clearly
manifest.
ELEMENTS:
1) That there is lack of precaution on the part of the
offender.
2) That the damage impending to be caused is not
immediate nor the danger clearly manifest.
When the reckless or simple imprudence or

negligence resulted in damage to property, the
penalty is only fine
Qualifying Circumstance: When the offender fails to
lend help to the injured parties
The emergency rule provides that an automobile driver

who, by the negligence of another and not by his own
negligence, 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 such a choice which a
person of ordinary prudence placed in such a position
might make even though he did not make the wisest
choice.
The last clear chance doctrine states that the
contributory negligence of the party injured will not 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.
Source: L.B. Reyes,
#GOBACKTOBASIC

F.R. Regalado
aries gallandez_12
#GOBACKTOBASIC

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Law 2

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International School of Asia and the Pacific 1

Subject: Criminal Law (Book 2)

CRIMINAL LAW (BOOK 2)

ART. 116. MISPRISION OF TREASON

ESPIONAGE is the offense of gathering, transmitting, or

International School of Asia and the Pacific 2

MUTINY the unlawful resistance to a superior, or the

By compelling a change in the course or

That the offender is a public officer or employee

ART. 125. DELAY IN THE DELIVERY OF DETAINED

12 hours, detained for crimes punishable by

18 hours, for crimes punishable by correctional

36 hours, for crimes/offenses punishable by

IN FLIGHT From the moment all exterior doors are

ART. 129. SEARCH WARRANTS MALICIOUSLY

CLASSES OF ARBITRARY DETENTION:

That the offender is a public officer or

That he procures a search warrant; and

That there is no just cause.

ART. 124. ARBITRARY DETENTION

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exceeding his authority by using unnecessary

That the offender is a public officer or

That he has legally procured a search warrant;

That he exceeds his authority or uses

ART. 130. SEARCHING DOMICILE WITHOUT

CRIMES AGAINST PUBLIC ORDER

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ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR

ART. 142. INCITING TO SEDITION

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General Rule: Direct assault is always

A person in authority is any person directly vested

That the act of the offender is not included in

ELEMENTS SIMPLE DISOBEDIENCE (par. 2)

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Discharging any firearm, rocket, firecracker, or

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That, in case of uttering such false or

Counterfeiting is the imitation of legal or genuine coin

If all acts are done but genuine appearance is not

Counterfeiting or imitating any handwriting,

DOCUMENT - any written statement by which a right is

ELEMENTS OF USING FICTITIOUS NAME:

To cause damage to public interest.

ELEMENTS OF CONCEALING TRUE NAME:

An exact imitation of the dress or uniform is

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Two (2) Ways Of Committing Perjury:

Subornation of perjury is committed if a person

Those who have no apparent means of subsistence

PROSTITUTES - women who habitually (not just 1 man)

Who are considered VAGRANTS:

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Malfeasance Doing of an act which a public officer

FRAUDS AGAINST PUBLIC TREASURY The

ILLEGAL EXACTIONS Mere demand of a larger or

If sums are received without demanding the same, a

RA 7080 An Act Defining and Penalizing the Crime of

It is not necessary that the offender profited by

ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS OR

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That such public fund or property has been