Ohhlala Crim2 Notes

CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified

(Best read with SBC Law Memory Aid)
BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

+ atty. Salva Lecture Notes
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title One
Crimes Against National Security and Laws of the Nations National Security
Section One: Treason and Espionage
114: Treason Offender: Filipino Citizen or Resident alien Alien residing here Treason Absorbs crimes I- treachery, abuse
No formal declaration of war Treason committed in of superior strength
furtherance evident
There is a war which the Philippines is involved. Mere internal conflict/ causing thereof premeditation;
disturbance in the country Sedition conspiracy/
Offender either: Not in proposal to commit
1) levies war against the govt furtherance: treason
2) adheres to the enemies by giving them aid AND separate
comfort
A- ignominy, cruelty,
Committed where: amount of degree of
1) FC: anywhere aid, gravity of
2) RA: in the Phil only separate distinct acts
or reason
115: Conspiracy to Committed during time of war
Commit Treason Two or more persons One only Yung totoo! :D
Come to an agreement to levy war against the govt
or to adhere to the enemies and to give them air or
comfort and decide to commit it.
OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala Source: https://warlita.wordpress.com/right_brained/
I will live my life to the fuNNiest. (BIARES, 2014). pahina. 1
With
Circumstances
I- inherent
116: Proposal to Committed during time of war

Commit Treason
A person has decided to levy war against the govt or
adhere to the enemies by giving them aid or comfort
Proposes its execution to other person/s Other person does not accept Still Art 116
117: Misprision Offender: citizen of the Philippines; AND NOT A
Treason FOREIGNER
That he has knowledge of any conspiracy against the Treason already committed Treason
govt
That the conspiracy is one to commit treason
That he conceals or does not disclose and make known
the same asap to the proper authority
Section Two: Provoking War and Disloyalty
118: Espionage
Two ways of committing: during time of peace/ war
FIRST:
Offender ( citizen or foreigner) enters a warship; fort; Foreigner Espionage
a military; or naval establishment or reservation
That he has no authority
Purpose: to obtain information, plans, photo, other Not obtained Espionage
data of a confidential nature relative to the defense
of the Philippines
SECOND
Offender is a public officer
That he has in his possession the articles, data, or
information obtain information confidential nature
relative to the defense of the Philippines BY REASON
of his public office
With
Circumstances
I- inherent
That he discloses their contents to a representative of Beauty contestant of a Foreign Espionage

a foreign nation country
Commonwealth Act
616 Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against National Security
Acts punished
1. Unlawfully obtaining or permitting to be obtained information affecting national defense;
2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in times of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections; and
6. Harboring or concealing violators of law.
Laws of the Nations
118: inciting to war

or giving motives for Offender performs unlawful or unauthorized acts
reprisals That such acts
a) provoke or give occasion for a war involving or
liable to involve the Philippines
b) expose Filipino citizens to reprisals on their persons
and property
During time of peace
119: Violation of
Neutrality There is a war in which the Ph is not involved
There is a regulation issued by a competent authority No regulation No Crime
(President or AFP chief of staff) for the purpose of
enforcing neutrality
Offender violates such regulation
With
Circumstances
I- inherent
120: Correspondence
with hostile country That there is a war in which the Philippines is involved
Offender makes correspondence:
a) enemy country
b) territory occupied by the enemy troops
Correspondence is EITHER: Innocent matters and there is Still 120
a) prohibited by the govt prohibition
b) carries in ciphers or conventional signs
c) contains notice or information which might be useful No prohibition but carries in Still 120
to the enemy ciphers/ conventional signs
Offender intended to give aid Treason

to enemy by giving
information
121: Flight to Enemys
country There is a war which Ph is involved
Offender owes allegiance to the govt Resident alien Still 121
Offender attempts to flee or go to enemy country
Going to enemy country is prohibited by competent No prohibition No crime
authority
Section Three: Piracy and Mutiny on the high seas in the Philippines
122: Piracy in the

high seas OR ph The vessel is on the high seas/ ph waters
waters
Ph waters only PD 532
Offenders are NOT members of its complement or Any person PD 532
passengers
Offender:
With
Circumstances
I- inherent
1. by attacking or seizing a vessel on the high seas or

Ph waters
2. by seizing in the vessel while on the high seas or in
Ph waters the whole or part of its cargo, equipment,
personal belongings of its complement or passengers
Mutiny in the high
seas OR ph waters Vessel is on the high seas/ Ph waters
Offenders: crew or passengers
Unlawful resistance to a superior of the raising of
commotions and disturbances on board a ship against
the authority of the commander
PD 532 Anti- piracy and anti- highway robbery law
PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate
treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.
Aiding or abetting of 1. knowingly aids or protects pirates
piracy 2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom.
3. directly or indirectly abets the commission of piracy
123: qualified piracy 1. offenders have seized the vessel by boarding or Regardless of
firing the same number of
2. abandoned their victims without means of saving victims: it is one
themselves SPECIAL
3. murder/ homicide/ physical injuries/ rape COMPLEX
CRIME
Qualified mutiny 2. abandoned their victims without means of saving
themselves
3. murder/ homicide/ physical injuries/ rape
RA 6235 Anti-hijacking law
Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.
With
Circumstances
I- inherent
Four situations governed by anti hi-jacking law:

(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the
aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of
Philippine territory;
(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or
poisonous substance; and
(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.
Title Two
Crimes Against the Fundamental Law of the State
Chapter One
Arbitrary Detention or Expulsion, Violation of dwelling, prohibition, interruption,
and dissolution of peaceful meeting and crimes against Religious Worship
Section One: Arbitrary Detention and Expulsion
124: Abritrary
Detention Offender is a public officer or employee Not public officer vested with Illegal detention Unlawful arrest
authority or not in duty
Has authority to arrest and detain Feigned to arrest a person Unlawful arrest
without any legal cause to
deliver him to authories
He detains a person ( Physical or Psychological
retraint)
Detention is without legal grounds Legal grounds: No crime
Commission of crime/ violent
insanity/ hospital confinement
With
Circumstances
I- inherent
125: delay in the Offender is a public officer or employee Made by a private individual Illegal detention
delivery of detained He has detained a person for some legal ground Has a warrant of arrest No crime
person to the proper Illegal from the beginning Arbitrary detention
judicial authorities He fails to deliver such person to the proper judicial
authorities within:
a) 12 hours- light penalties
b) 18 hours- correctional penalties
c) 36 hours- afflictive penalties
126: delaying Offender is a public officer or employee
release That there is a
a) judicial or executive order for the release of a
prisoner or detention prisoner or
b) that there is a proceeding upon a petition for the
liberation of such person.
Offender without good reason delays either:
a) service of the notice or such order or release to the
prisoner
b) performance of such judicial or executive order for
the release of prisoner
c) proceedings upon petition for the release of such
person.
127: expulsion Offender is a public officer or employee
He expels any person from the ph or compels a Expropriation or penalty is No crime
person to change his residence destierro
Alien expelled by the No crime

president
Court by final judgment order No crime

change of address
With
Circumstances
I- inherent
Offender is not authorized to do so by law
Section Two: Violation of Domicile
128: violation of Offender is a public officer or employee Private individual or public Trespass to dwelling
domicile officer who has no authority to
effect search and seizure
He is not authorized by judicial order to enter the Has warrant but maliciously 129
dwelling and or to make the search for the papers obtained
and other effects.
That he:
a) entered any dwelling against the will of the owner not lawful occupant No crime
( no consent + objection).
b) searched paper or other effects found therein paper/ effects not found in No crime
without consent of such owner (lack of consent) the dwelling
c) refuses to leave the premises after having Entered into a door not for Still 128
surreptitiously entered said dwelling and after having entry
been required to leave
Qualifying: Qualified Violation of
1) night time Domicile
2) if any or effects not
constituting evidence of a
crime are not returned
immediately after a search is
made by the offender
129: search warrant Offender is a public officer
maliciously obtained He procures search warrant Through falsification of 129 AND perjury
affidavit
Violation of domicile
No warrant
With
Circumstances
I- inherent
No just cause
Abuse in the service
of those legally Offender is a public officer of employee
obtained He has legally procured a search warrant
He exceeds his authority or uses unnecessary severity
in executing the same
130: searching
domicile without Public officer or employee Not in the dwelling No crime
witnesses Armed with a search warrant legally procured
He searches domicile papers, or other belongings of
any person
Owner or any member of his family or 2 witnesses
residing in the same locality are not present
Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings
131: prohibition,
interruption, and Offender is a public officer or employee
dissolution of Stranger Still 131
peaceful meetings
Participant Unjust vexation
Private individual Art 153: tumults

He
a) prohibits, interrupts, or dissolves without legal Interrupts or dissolves a Art 143-144: crimes
ground the holding of peaceful meeting. meeting of the municipal against legislatives
b) hinders any person from joining any lawful council by a public officer bodies and similiar
association or from attending any of its meetings bodies
c) prohibits, hinders any person from addressing,
either along or together with other, any petition to the
With
Circumstances
I- inherent
authorities for the correction of abuses or redress of

grievances
Section Four: Crimes Against Religious Worship
132: interruption of He is a public officer or employee

religious worship That religious ceremonies or manifestations of any If prohibition or disturbance is Art 131
religion are about to take place or are going on committed in a meeting or
rally of a sect
The offender prevents of disturbs the same Qualified: by violence or Qualified Art 132
threats
133: offending Any person
religious feelings Acts complained were performed:
a) in a place devoted to religious worship
b) during celebration of any religious ceremeny
Acts must be notoriously offensive to the feelings of Not Unjust vexation
the faithful
Title Three
Crimes Against Public Order
Title Three
Crimes Against Public Order
Chapter One
Rebellion, Coup detat, Sedition, and Disloyalty
134: rebellion/ Absorbs crimes

insurrection There is public uprising AND taking of arms against Levies war vs govt or gives Treason committed in
the govt. actual clash not necessary aid to enemies furtherance
With
Circumstances
I- inherent
thereof
Mere silence of knowledge of No crime
Rebellion Not in
For the purpose: No evidence of purpose Sedition or kidnapping furtherance:
a) removing the allegiance to said govt or its law separate
- the ph territory or any part thereof Minor purpose insurrection
- any body of land, naval or other armed forces violation of allegiance treason
b) depriving the president or congress, wholly or If judiciary Sedition

partially or any of their powers or prerogatives
During time of peace of war
134-a: coup detat That the offender is a person or persons belonging to With or without civilian coup detat
the military or police holding any public office or participation
employment.
One person coup detat
Committed by means of swift attach, accompanied by Public uprising and taking of Rebellion
violence, intimidation, threat, strategy, or stealth arms vs govt
Attack is directed against duly constituted authorities
of the RP, or any military camp or installation , or
communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power
Purpose of attack: seize or diminish state power Overthrow the govt Rebellion
(president, legislative, judicial power, and police
power)
Human Security Act of Sec. 3 Terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
2007 a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-A (Coup d Etat), including acts committed by private persons;
d. Article 248 (Murder);
With
Circumstances
I- inherent
e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction);
or under Special Laws:
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
(3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) and,
(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give
in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of
parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
135: penalty for Persons liable for rebellion, insurrection or coup d' etat under Article 135
rebellion/ 1.The leaders
insurrection/ coup a.Any person who promotes, maintains or heads a rebellion or insurrection; or
detat b.Any person who leads, directs or commands others to undertake a coup d' etat;
2.The participants eg, assistant
a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat;
b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat.
136: conspiracy and There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the
proposal to commit purposes of rebellion and decide to commit it.
rebellion, insurrection
or coup deata There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of
rebellion proposes its execution to some other person or persons.
137: disloyalty of
public officers or Public officer or employee Conspires with rebels rebellion
employees There is rebellion committed by other persons
With
Circumstances
I- inherent
1. failing to resist rebellion by all means in their

power
2. continuing to discharge the duties of their office
under the control of rebels
3. accepting appointment to office under the rebels
138: inciting to
rebellion / Person has decided and Proposal to commit
insurrection Offender does not take up arms or is not in open proposes to another. rebellion
hostility against govt
He incites others to the execution of any acts of the
rebellion
That the inciting is done by means of (spwebo)- Done publicly Inciting 138
speeches, proclamations, writings, emblems, banners, Done secretly Proposal to commit
or other representations tending to the same end. rebellion
139: sedition Offenders rise publicly and tumultuously Violation of allegiance Treason Use of
Taking of arms vs govt rebellion unlicensed
They employ (fio)force, intimidation,or other means firearms (RA
outside of legal methods 8294) is
The following objects: Object incompletely attained sedition absorbed.
a) to prevent the promulgation or execution of any
law or the holding of any popular election Common crimes
b) to prevent the govt or any public officer from are not
freely exercising its or his functions, or prevent the absorbed.
execution of any administrative order
c) to inflict any act of hate or revenge upon the
person or property of any public officer or employee
d) to commit, for any political or social end, any act
of hate or revenge against private persons or any
social class
e) to despoil, for any political or social end, any
With
Circumstances
I- inherent
person or the govt of all its property or any part

thereof.
140: penalty for Persons liable for sedition under Article 140
sedition 1. The leader of the sedition; and
2. Other person participating in the sedition.
141: conspiracy to
commit sedition 1. two or more person come to an agreement Not mere agreement but sedition
actually done
2. to rise publicly and tumultuously and to either of
the objectives of sedition
142: inciting to 4 acts punished:
sedition 1. inciting others to commit sedition by means of spwebo
- offender does not take part in the crime of sedition
-he incites others to the accomplishment of any of the acts which constitute sedition
- by means of spwebo
2. uttering seditious words or speeches which tend to disturb public peace
3. writing, publishing, or circulating scurrilous libels against the govt or any of its duly constituted authorities
2 and 3 punishable when:

-tend to disturb or obstruct any lawful officer in executing the functions of his office
-tend to instigate others to cabal and meet together for unlawful purposes
- they suggest or incite rebellious conspiracies or riots
- they lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the govt
4. knowingly concealing evil practices
Chapter Two
Crimes Against Popular Representation
Section One: Crimes against Legislative Bodies and Similar Bodies
With
Circumstances
I- inherent
143: acts tending to Complexed

prevent the meeting There be a projected or actual meeting of the Peaceful meeting Art 131 with
of the assembly and congress or any of its committees or subcommittees, Force- physicial
similar bodies constitutional commissions or committees or divisions injuries
thereof, of of any provincial board or city or
municipal council or board. Fraud-
Offender, who may be any person, prevents such falsification
meeting by force of fraud
144: disturbance of That there be a meeting of congress or any of its 144 can be
proceedings committees or subcommittees, constitutional made the basis
commissions or committees or divisions thereof, or any of contempt
provincial board or city or municipal council or board
The offender does the ff acts: Not participant 144
1) he disturbs any of such meetings
2) he behaves while in the presence of any such participant Not 144, unjust vexation
bodies in such a manner as to interrupt its proceedings (?)
or to impair the repect due to it.
Section Two: Violation of Parliamentary Immunity
145: violation of 2 acts punished:

parliamentary First: any person
immunity a) offender uses force, intimidation, threats, or fraud
b) that the purpose of the offender is to prevent any
meme of the congress from:
- attending the meetings of the congress or any of its
committees or constitutional commissions,
-expressing his opinions,
-casting his vote
Second:
With
Circumstances
I- inherent
a) that the offender is a public officer or employee

b) that he arrests or searches any member of the
congress
c) that the congress, at the time of the arrest or Reclusion Temporal to Death Not exempt
search, is in regular or special session Prision mayor Not exempt
d) that the member arrested or searched has not Fine to Prision correctional Exempt
committed a crime punishable under the RPC a
penalty higher that prision mayor
Chapter Three
Illegal Assemblies and Associations
146: Illegal 2 kinds of illegal assemblies:

Assemblies First:
a) there is a meetings, gathering or group or person,
whether in a fixed place or moving
b) meeting is attended by ARMED person
c) purpose is to commit any crime under the RPC
Second: Not incited No crime
a) there is a meetings, gathering or group or person, Incited:
whether in a fixed place or moving Organizers / leaders/ Illegal assembly
b) that the audience, ARMED OR NOT, is incited to the persons merely present
commission of the crime of treason, rebellion, or Speaker who incited Inciting to rebellion/
insurrection, sedition or direct assault. sedition
147: Illegal Prohibited associations, totally or partially organized
Associations for:
1) committing any of the crimes punishable under the
RPC
2) some purpose contrary to morals
With
Circumstances
I- inherent
Chapter Four
Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents
152: persons in A person in authority (PIA) is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws.
authority and agents
in persons in authority An agent of a person in authority (APA) is one charged with
(1) the maintenance of public order and
(2) the protection and security of life and property.
-person who comes to the aid of PIA is considered an agent of person in authority
Public Officer: any person who takes part in the performance of public functions in the govt
148: direct assault
Two ways of committing Offender is also a PIA or APA Coercion or Physical
in the performance of official injuries
duties
PIA or APA is suspended Coercion or PI

WITHOUT PUBLIC UPRISING
a) that the offender employs force or intimidation If there is public uprising Rebellion/sedition PIA or APA is
b) aim of the offender is to attain any of the purposes killed: complex
of the crime of rebellion or any of the objects of the crime of DA
crime of sedition with homicide
c) no public uprising or murder
offended: PIA or APA or private individual Injured:

WITH PUBLIC UPRISING complex crime
a) offender of DA with
- makes an attach serious or less
-employ force serious Physical
With
Circumstances
I- inherent
PIA: serious OR not serious injuries

APA: serious
-Makes a serious intimidation Slight physical
-makes a serious resistance (active) Not serious 151: resistance and injuries:
disobedience PIA: separate
b) that the person assaulted is a PIS or APA offense
c) that at the time of assault: 1) committed with a weapon Qualified DA: APA: absorbed
- PIA or APA is engaged in the ACTUAL performance 2) offender is a public officer
of his official duties or employee
- that PIA or APA is assaulted by reason of the PAST 3) offender lays hands upon
performance of his official duties PIA
d) that the offender knows that the one he is
assaulting is a PIA or APA in the exercise of his duties
e) there is no public uprising
149: indirect assault
That APA is the victim of any of the forms of DA in Art No DA Physical injuries
148
A person comes to the aid of APA Private individual or PIA or
Note: person coming to the aid of PIA is an APA APA not in the performance of Still 149
duty
Offender makes use of force or intimidation upon such
person coming to the aid of APA
149 and 152 Victim Crime committed UPON Person coming to his aid qualifier Crime committed UPON AID
VICTIM
PIA PIA Regardless
regardless 148. DA 2nd kind
With
Circumstances
I- inherent
DA APA Serious
Not serious Art 151. Resistance/disobedience
Private individual ( becomes Serious 148. DA 2nd kind
APA)
PIA Not serious Art 151. Resistance/disobedience
APA Regardless PIA Regardless 148. DA 2nd kind
DA APA Serious 148. DA 2nd kind
Private indivl regardless 149.IA
Resistance/ disobedience APA Serious 148. DA 2nd kind
Regardless Private Indvl ( does not regardless Physical injuries or coercion
become APA)
Note:
Person comes to the aid of PIA- becomes APA
Person comes to the aid of APA- does not become APA
150: disobedience to Acts Punished:
summons issues by the
national assembly, its 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and
committees or its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses;
subcommittees, by the
constitutional 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;
commission, its
committees, 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the
subcommittee or exercise of their functions;
With
Circumstances
I- inherent
divisions
4. By restraining another from attending as a witness in such legislative or constitutional body;
5. By inducing disobedience to a summons or refusal to be sworn by any such body or official.

151: resistance and
disobedience to a That a PIA or APA is engaged in the performance of
person in authority or official duty or gives a lawful order to the offender
agent of such person (direct order)
Offender resists or seriously disobeys such PIA or APA Not seriously disobedience Simple disobedience
Serious resistance DA
Act of offender does not fall in 148-150
Offender knows PIA or APA is a public officer.
Chapter Five
Public Disorders
153: tumults and Acts punished: If done with the idea Inciting to sedition or Can be
other disturbances of afterthought of inducing his rebellion complxed with
public order 1. Causing any serious disturbance in a public hearers or readers to commit DA if the
place, office or establishment; the crime of rebellion or tumults and
2. Interrupting or disturbing performances, sedition. disturbances of
functions or gatherings, or peaceful meetings, if the public order
act is not included in Articles 131 and 132; Committed by a stranger or Still 153 are directed
3. Making any outcry tending to incite rebellion public officer who is a against PIA or
or sedition in any meeting, association or public place; participant APA.
4. Displaying placards or emblems which Qualified Art 153
provoke a disturbance of public order in such place; Public officer
5. Burying with pomp the body of a person who Art 131-2
has been legally executed. disturbance or interruption of
a tumultuous character.
With
Circumstances
I- inherent
154: unlawful use of Acts punished

means of publication Note: actual public disorder or Publication is
and unlawful 1. Publishing or causing to be published, by actual damage to the credit obscene and
utterances means of printing, lithography or any other means of of the state is not necessary. anonymous, the
publication, as news any false news which may The mere possibility of causing offenses can
endanger the public order; or cause damage to the such damage is sufficient. not be
interest or credit of the State; complexed as
Rises publicly Inciting to sedition they involve
2. Encouraging disobedience to the law or to the different acts
constituted authorities or praising, justifying or RA no. 248: prohibits separately
extolling any act punished by law, by the same means reprinting, reproduction, punished under
or by words, utterances or speeches; republication of govt 154 and Art
publications without 201 on
3. Maliciously publishing or causing to be previous authority. obscene
published any official resolution or document without publications.
proper authority, or before they have been published If printer/ owner of the Art 360. Libel.
officially; printing establishment took
part in the preparation and
4. Printing, publishing or distributing (or causing publication of the libelous
the same) books, pamphlets, periodicals, or leaflets writings
which do not bear the real printers name, or which
are classified as anonymous.
With
Circumstances
I- inherent
155: alarms and Acts punished

scandal
1. Discharging any firearm, rocket, firecracker, Directed to a person Art 254. Discharge of
or other explosive within any town or public place, firearms
calculated to cause (which produces) alarm of
danger; No alarm No crime
2. Instigating or taking an active part in any During fiesta No crime

charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
3. Disturbing the public peace while wandering

about at night or while engaged in any other
nocturnal amusements;
4. Causing any disturbance or scandal in public Disturbance is serious Art 153

places while intoxicated or otherwise, provided
Article 153 in not applicable.
156: delivering There is a person confined in jail Confined in hospital or asylum Art 156
prisoners from jail That the offender removes therefrom such person, or Offender is a public officer Art 223. Infidelity in the
helps him escape. who is actually and presently custody of a prisoner
LIABILITY OF ONE in custody or charge of the
WHO prisoner LIABILITY OF ONE WHO ESCAPES:
HELPS/REMOVES
PRISONER. But is escapee is serving Detention prisoner: NO LIABILITY
sentence of treason, murder, Accessory thereof. CONVICT by FINAL JUDGEMENT:
parricide evasion of service of sentence. Art.
157.
IF DELIVERY OF PRISONER BRIBER: corruption of PO
With
Circumstances
I- inherent
COMMITTED THROUGH (Art 212) and Art 156

BRIBERY: LIABILITY
JAILER: infidelity (Art
223) and bribery (Art
210)
PRISONER: evasion of
service (Art 157)
Chapter Six
Evasion of Service of Sentence
157: evasion of Offender is a convict by final judgment

service of sentence He is serving his sentence, which consists in the
deprivation of liberty
He evades the service of his sentence by escaping 1. By means of unlawful entry Qualified Art 157
during the term of his sentence (this should be by scaling -
Reyes);
2. By breaking doors,
windows, gates, walls, roofs or
floors;
3. By using picklock, false

keys, disguise, deceit, violence
or intimidation; or
4. Through connivance with

other convicts or employees of
the penal institution.
With
Circumstances
I- inherent
158: evasion of That the offender is a convict by the final judgment ,

service of sentence on and is confined in a penal institution
the occasion of That there is disorder, resulting from: conflagration, Takes part in the mutiny Mutiny
disorders, earthquake, explosion, similar catastrophe, mutiny in
conflagration, which he has not participated
earthquake, of other That the offender leaves the penal institution where
calaminities. he is confined, on the occasion of such disorder or
during mutiny
That offender fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation announcing the passing away of the
calamity
159: Other cases of Offender was a convict
evasion of sentence
(conditional pardon)
He was granted a conditional pardon by the chief
executive
That he violated any of the conditions of such pardon
Chapter Seven
Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
160: Commission of That offender was already convicted by final First crime violated a special Still Art. 160. It is special
another crime during judgment of one offense law aggravating
the service of penalty circumstance
imposed for another
previous offense That he committed a new felony before beginning to
(quasi-recidivism) serve such sentence or while serving the same
With
Circumstances
I- inherent
Title Four
Crimes Against Public Interest
Chapter One
Forgeries
Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive
161: counterfeiting Acts punished:

seal of the 1) Forging the seal of the government of the
government, signature Philippines
and stamp of the govt 2) forging the signature of the president
3) forging the stamp of the president
162: use of forged The seal or RP was counterfeited OR the signature or If not by another but the one Art. 161
signature, counterfeit stamp of the chief executive was forged by another who used the same
seal or stamp person
That offender knew about this
That he used the same
Section Two: Counterfeiting Coins
163: making and That there be false or counterfeited coins False coin currency of foreign Art 163
importing and country
uttering false coins
Former coins withdrawn from
circulation
That the offender either made, imported, or uttered
such coins
That in case of uttering such false or counterfeited
With
Circumstances
I- inherent
coins, he connived with the counterfeiters or importers

164: mutilation of Acts punished: Foreign country Not Art 164.
coins- importation and 1. Mutilating coins of the legal currency, with the
utterance of mutilated further requirements that there be intent to damage
coins or to defraud another;
2.Importing or uttering such mutilated coins, with the

further requirement that there must be connivances
with the mutilator or importer in case of uttering.
165: Selling of false Acts punished

or mutilated coin, 1. Possession of coin, counterfeited or mutilated by
without connivance another person, with intent to utter the same, knowing
that it is false or mutilated;
Elements
Possession;
With intent to utter; and
Knowledge. Constructive possession Stil Art 165
2. Actually uttering such false or mutilated coin, Note:

knowing the same to be false or mutilated.
Elements Mutilation: legal tender
Actually uttering; and Forge, counterfeit, utter:
Knowledge. regardless
Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities
166: Forging treasury Acts punished: Falsification of PNB checks Falsification of

or Bank notes, 1) Forging or falsification or treasury or bank notes or commercial documents
obligations and other documents payable to bearer under Art 172 in
With
Circumstances
I- inherent
securities; Importing 2) Importation of the same (bringing in Ph O/N connection with Art 171
and Uttering the same forged or falsified outside) of RPC.
3) uttering the same in connivance with forgers or
importers
167: counterfeiting, That the be an instrument payable to order or other
importing and document of credit not payable to bearer
uttering instrument not That offender either forged imported or uttered such Utterer is the forger Forgery
payable to bearer instrument
That in case of uttering, he connived with the importer
or forger
168: illegal That the treasury or bank note or certificate or other Mere possession of false No crime
possession and use of obligation and securities payable to bearer or any treasury or bank notes
false treasury or bank instrument payable to the order or other document of
notes and other credit not payable to bearer is forged or falsified by
instruments of credit another
That the offender knows that any of these instruments
is forged or falsified
That he performs any of these acts:
a) using any of such forged or falsified instrument OR
b) possessing with intent to use, any of the forged or
falsified document
169: How forgery is 1. By giving to a treasury or bank note or any Defacement mutilation tearing PD 247
committed instrument payable to bearer or to order mentioned burning or destroying of the
therein, the appearance of a true and genuine CB notes and coins
document;
2. By erasing, substituting, counterfeiting, or altering

by any means the figures, letters, words, or sign
contained therein.
RA 9194 ANTI-MONEY LAUNDERING ACT OF 2001
With
Circumstances
I- inherent
SEC. 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted,
thereby making them appear to have originated from legitimate sources. It is committed by the following:
"(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or property.
"(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a
result of which he facilitates the offense of money laundering referred to in paragraph (a) above.
"(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering
Council (AMLC), fails to do so."
"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos
(P500,000.00) within one (1) banking day."
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist:
"1. there is no underlying legal or trade obligation, purpose or economic justification;
"2. the client is not properly identified;
"3. the amount involved is not commensurate with the business or financial capacity of the client;
"4. taking into account all known circumstances, it may be perceived that the clients transaction is structured in order to avoid being the subject of reporting
requirements under the Act;
"5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the clients past transactions with the
covered institution;
"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or
"7. any transaction that is similar or analogous to any of the foregoing."
Unlawful Activity:
SEC. 3. Section 3(i) of the same Act is further amended to read as follows:
"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following:
"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
"(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
With
Circumstances
I- inherent
"(4) Plunder under Republic Act No. 7080, as amended;

"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
"(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
"(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
"(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
"(9) Swindling under Article 315 of the Revised Penal Code, as amended;
"(10) Smuggling under Republic Act Nos. 455 and 1937;
"(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;
"(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended,
including those perpetrated by terrorists against non-combatant persons and similar targets;
"(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000;
"(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."
Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages
170: Falsification of That there be a bill, resolution or ordinance enacted Other acts of falsification Art 171 or 172
Legislative Documents or approved or pending approval by either House of
Legislature or any provincial board or municipal
council
The offender alters the same
That he has no proper authority therefor
That alteration changed the meaning of the document
Offender is private invdl or Public officer
171: Falsification by That the offender is a public officer, employee or
public officer, notary public of ecclesiastical minister
employee or natary That he takes advantage of his official position when If does not take advantage Art 172. Falsification of
or ecclesiastical a) he has the duty to make or prepare or otherwise public document by a
minister intervene in the preparation of document private individual
b) he has the official custody of the document which
With
Circumstances
I- inherent
he falsified
Offender falsifies a document
8 modes:
He falsifies a document by
committing any of the following
acts:
1267: GENUINE document ELEMENTS:
others: simulating or fabricating a
document. a. there is an intent to imitate or an
attempt to imitate
b. two signatures or handwritings, the
1. Counterfeiting or imitating any genuine and the forged bear some
handwriting, signature or rubric; resemblance.
No ATTEMPT ( so that they are Liable under Art 170 (2)
entirely unlike the genuine
a) that the offender caused it to appear signature)
in a document that a person/s
participated in an act of proceeding
2. Causing it to appear that b) such persons did not in fact so
persons have participated in any participate in the act or proceeding
act or proceeding when they did
not in fact so participate;
a) that a person/s participated in an act
or proceeding
3. Attributing to persons who have b) that such person/s made statements in
participated in an act or that act or proceeding
proceeding statements other than c) that the offender in making a
those in fact made by them; document, attributed to such person,
statements other than those in facts
With
Circumstances
I- inherent
made by such person/s.
4. Making untruthful statements in a a) that the offender makes a document Narration. Not conclusion of
narration of facts; statements in a narration of facts law. No crime.
b) that he has the legal obligation to
disclose the truth of the facts narrated Not absolutely wrong. There is
by him some colorable truth. Perjury
c) that the facts narrated by the
offender are absolutely false If false narration is in an
d) that the perversion of truth in the affidavit or statement
narration of facts was made with the required by law. Falsification
wrongful intent of injuring a 3rd person.
5. Altering true dates;
a) Must affect either the veracity or Alteration of dates in official
documents or the effects thereof. receipts to prevent discover of
malversation. Means to
6. Making any alteration or conceal.
intercalation in a genuine document a) that there be an alteration or
which changes its meaning; intercalation on a document.
b) that it was made on a genuine
document.
c) that the alteration or intercalation has
changed the meaning of the document.
d) that the change made the document Cant commit this crime.
speak something false.
7. Issuing in an authenticated form
a document purporting to be a
copy of an original document when Private individual or notary
no such original exists, or including public or public officer who
With
Circumstances
I- inherent
in such a copy a statement contrary does not take advantage of

to, or different from, that of the his official position.
genuine original; or
8. Intercalating any instrument or

note relative to the issuance
thereof in a protocol, registry, or
official book.
172: falsification by Acts punished:

private individuals 1) falsification of public, official, or commercial Flasification and Estafa:
and use of falsified document by a private individual
documents - the offender is a private individual or a public Of Public or official document:
officer or employee who did not take advantage of Complex crimes id committed as a
his official position. necessary means to commit estafa.
- that he committed any of the acts of falsification If to conceal it: estafa only.
enumerated in Art. 171 (1-6)
- That the falsification was committed in a public or Of Private document:
official or commercial document. Even if used as a necessary means: it is
either Estafa or Falsification only. To
2) Falsification of private document by any person Estafa through falsification of ONLY estafa. determine which: pin point which crime
- that he offender committed any of the acts of a private document. was first committed.
falsification, 1-6 and 8 in Art 171
- That the falsification was committed in a private
document
That the falsification caused damage to a 3rd party
or at least the falsification was committed with the
intent to cause such damage. If a person knowingly offers in Art 184.offering false
evidence a false witness or testimony in evidence.
3. Use of falsified document testimony
With
Circumstances
I- inherent
a) introducing in a judicial proceeding

- that the offender knew that the document was If a person uses a document PD 1829. Obstruction of
falsified by another with knowledge of its falsity to justice.
- that the false document was embraced in Art 171 or affect the course of the
in any subdivision 1 and 2 of Art 172 outcome of the investigation of
- that he introduced said document in evidence in any proceedings IN CRIMINAL
judicial proceeding CASES.
Note: no damage is required
b) Use in other transactions

- that the offender knew that the document was
falsified by another person
- that the false document was embraced in Art 171 or Through reckless imprudence No such crime.
in any subdivision No. 1 or 2 of Art 172
173: Falsificstion of Acts punished:
wireless, cable, Private individual;s who forge Act No. 1851
telegraof and 1) Uttering fictitious wireless, telegraph, or telephone of alter telegram
telephone messages messages
and use of said 2) Falsifying wireless, telegraph, or telephone
falsified messages messages
For 1 and 2:
- that the offender is an officer or employee of the
govt or an officer or an employee of a private
corporation, engaged in the service of sending or
receving wireless, cable or telephone message
- he commits any of the above acts
3) Using such falsified messages:

- offender need not be connected to the govt or such
corp
With
Circumstances
I- inherent
- that the accused knew that the wireless, cable,

telegraph, or telephone message was falsified by
any person specified in the 1st paragraph of Art 173.
- that the accused used such falsified dispatch
- that the use of such falsified dispatch resulted in the
prejudice of a 3rd party or that the use thereof was
with the intent to cause such prejudice.
Section Five: Falsification of Medical Certificates, Certificates of Merit or service and the Like
174: False Medical Persons liable:

Certificates False 1) Physician or Surgeon who, in connection with the False Medical
Certificates of Merit practice of his profession, issued a false certificate Certificate by a
or Service Physician
2)Public officer who issued a false certificate of merit False Cerificate or Merit
or service, good conduct or similar circumstances or Service by a Public
Officer
3) Private individual who falsified a certificate falling False Medical

in the classes mentioned in 1 and 2. Certificate by a Private
Individual OR
False Cerificate or Merit
or Service by a Private
Individual
property Not covered.

175: Using false
Certificates That a false certificate mention in Art 174 was issued
With
Circumstances
I- inherent
That the offender knew that he certificate was false

That he used the same Used false certificates in a Art 175
judicial proceeding
False documents in Art 171- Art 172

172 in a judicial proceeding
Section Six: Manufacturing, Importing and Possession of instruments or Implements Intended for the Commission of Falsification
176: Manufacturing Acts punished: Incomplete ser of materials for Still Art 175
and possession of 1. making or introducing into the Philippines any counterfeiting
instruments and stamps, dies, marks, or other instruments or implements
implements for for the counterfeiting of falsification Constructive possession Still 175
falsification
2. possessing with intent to use the instruments or
implements for counterfeiting or falsification made in
or introduced into the Philippines by another person.
Chapter Two
Other Falsities
Section One: Usurpation of Authority, Rank, Title and Improper use of Names, Uniforms, and Insignia
172: Usurpation or Two Offenses:

Authority or official First: Usurpation of Authority
Function Elements
1. Offender knowingly and falsely represents himself;
2. As an officer, agent or representative of any
department or agency of the Philippine government
With
Circumstances
I- inherent
or of any foreign government.

Second: Usurpation of Official Functions Usurps diplomat/ consular or In addition RA No. 75
Elements other foreign govt
1.Offender performs any act;
2.Pertaining to any person in authority or public
officer of the Philippine government or any foreign
government, or any agency thereof;
3.Under pretense of official position;
4.Without being lawfully entitled to do so.
178: Using fictitious First: Using Fictitious Name: May be
name and concealing -That the offender uses a name other than his real complexed
true name name with:
-That he uses the fictitious name publicly If against public interest Estafa
-The purpose of the offender is Delivering
a) conceal a crime prisoners from
b) to evade the execution of a judgment jail BUT NOT
c) to cause damage to public interest with evasaion
Second: Concealing True Name of service of
-that the offender conceals sentence.
a) his true name AND
b) that the purpose is only to conceal his identity
Using Ficittiuous Name Usurpation of Civil Status Estafa Using Fictitious name Under
Art 178, Art 348, Art Art 178 Art 348 (Art 315 par 2) PD 1829
315 par 2, PD 1829 Purpose: Purpose: Purpose: Purpose:
a) conceal a crime To enjoy the rights arising from the Defraud 3rd persons To conceal a crime, evade
b) to evade the execution of a civil status of the person prosecution or the execution of
judgment impersonated judgment or concealing his true
c) to cause damage to public name and other personal
interest circumstances for the same purpose
CA 142 Commonwealth Act No. 142 (Regulating the Use of Aliases)
With
Circumstances
I- inherent
GR: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was
registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.
Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally
accepted practice.
179: Illegal Use of That the offender makes use of insignia, uniform, or Not exact imitation Still 179
Uniforms or Insignia dress
Manufacture, sale, distribution EO 297
and use of PNP uniforms,
insignias, and other
accoutrements
The insignia, uniform, dress pertains to an office not Imaginary office No crime
held by the offender or to a class of persons of which
he is not a member AFP or Consbulary Ra 493
Naval, military, police or other RA No. 75

official uniform, decoration, or
regali of a foreign State
That said insignia, uniform or dress is used publicly
AND improperly
Section Two: False Testimony
Three forms 1. in Criminal cases (180-181)

2. in Civil cases (182)
3. in other Cases (183)
180: False Testimony That there is a criminal proceeding Violation under special penal Still 180
against defendant law
With
Circumstances
I- inherent
That the offender testifies falsely under oath against Court does not consider Still 180
the defendant therein testimony
Incomplete No crime
That the offender who gives false testimony knows Good faith No crime
that it is false
That the defendant against whom the false testimony
is given is either acquitted or convicted in final
judgment
181: false testimony A person gives false testimony; Defendant himself and Still 181
favorable to imputes another
defendant
Rectified mistakes right after No crime
giving it
In favor of the defendant;
Criminal case Acquitted/ convicted Still 181
182: false testimony Testimony given in a civil case Given in a special proceeding 182 not applicable
in civil cases Related to the issue presented in the case
Testimony is false
Defendant knows it is false
Testimony must be malicious and given with an intent
to affect the issues presented in said case
183: perjury Two ways of committing: Good faith No crime
First: falsely testifying under oath
Second: making false affidavit
Offender makes a statement under oath or executes Not material Not perjury
an affidavit upon a material matter;
The statement or affidavit is made before a
competent officer, authorized to receive and
administer oaths;
With
Circumstances
I- inherent
Offender makes a willful and deliberate assertion of

a falsehood in the statement or affidavit;
The sworn statement or affidavit containing the falsity
is required by law or authorized by law, that is, it is
made for a legal purpose
Subordination of Person who knowingly and willfully procure another
perjury To swear falsely
And the witness suborned does not testify under the
circumstances rendering him guilty of perjury
184: offering false That the offender offered in evidence a false witness induced Not 184 but
testimony in evidence or testimony subordination of perjury
That he knew the witness or testimony was false
That the offer was made in a judicial or official
proceeding
Chapter Three
Frauds
Section One: Machinations, Monopolies, and Combinations
185: Machinations in Acts punished

Public Auctions
FIRST: consummated by mere solicitation
Elements
1. There is a public auction;
2. Offender solicits any gift or a promise from any of
the bidders;
3. Such gift or promise is the consideration for his
refraining from taking part in that public auction;
4. Offender has the intent to cause the reduction of
With
Circumstances
I- inherent
the price of the thing auctioned.
SECOND. Consummated by mere attempt.

Elements
1. There is a public auction;
2. Offender attempts to cause the bidders to stay
away from that public auction;
3. It is done by threats, gifts, promises or any other
artifice;
4. Offender has the intent to cause the reduction of
the price of the thing auctioned.
186: Monopilies and Acts punished Mere conpiracy Still 186

combinations in
restraint of trade First: Combination to prevent free competition in the
market;
Elements
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise;
2. In restraint of trade or commerce or to prevent by
artificial means free competition in the market.
Second: Monopoly to restrain free competition in the

market;
Elements
1. By monopolizing any merchandise or object of
trade or commerce, or by combining with any other
With
Circumstances
I- inherent
person or persons to monopolize said merchandise or

object;
2. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice;
3. To restrain free competition in the market
Third: 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
merchandise.
Elements
1. Manufacturer, producer, processor or importer of
any merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price of
any merchandise or object of commerce
manufactured, produced, processed, assembled or
imported into the Philippines.
Section Two: Frauds in Commerce and Industry
187: Importation and That the offender imports, sells, or disposes any of
Disposition of Falsely those articles or merchandise
marked articles or That the stamps, brands, or marks of those articles or Manufacturer of misbranded Estafa Art 315 2(b)
merchandise made of merchandise fail to indicate the actual fineness or articles
gold, silver, or other quality of said metal or alloy
With
Circumstances
I- inherent
precious metals or That the offender knows that the stamps, brands, or
their alloys marks fail to indicate the actual fines of quality or
said metal or alloy
188-189 reapeled Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Power and
by RA 8293 Functions, and for Other Purposes)
Infringement. Any person who shall, without the consent of the owner of the registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature
thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry
out the sale of any goods or services on or in connection with which such use is likely to course confusion, or to cause mistake, or to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy
or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisement intended to be used in commerce upon or in connection with
the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, that the infringement
takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or
services using the infringing material.
Unfair Competition
168.1. Any person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether
or not a registered mark is employed, has a property right in the goodwill of the said goods, business or service so identified, which will be protected in the
same manner as other property rights.
168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in
which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said
result, shall be guilty of unfair competition, and shall be subject to an action therefor.
With
Circumstances
I- inherent
168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair
competition:
(a) Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, on in any other feature or their appearance,
which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer
or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose; or
(b) Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the
services of another who ahs identified such services in the mind of the public; or
(c) Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature
calculated to discredit the goods, business or services of another.
168.4. The remedies provided by Section 156, 157 and 161 shall apply mutatis mutandis.
Section 169. False Designation or Origin; False Description or Representation.
169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or
device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact,
which:
(a) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as
to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or
(b) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's
goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Section 156 and 157 of this Act by any
person who believes that he or she is or likely to be damaged by such act.
With
Circumstances
I- inherent
RA No. 455 Law on Smuggling

"Sec. 2702. Unlawful importation of merchandise.
1) Any person who shall fraudulently or knowingly import or bring into the Philippines, or assist in so doing, any merchandise, contrary to law, or shall
receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such merchandise after importation,
2) knowing the same to have been imported contrary to law, shall be punished by a fine of not less than six hundred pesos but not more than five thousand
pesos and by imprisonment for not less than three months nor more than two years and, if the offender is an alien, he may be subject to deportation.
Title Five
Crimes Relate to Opium and Other Prohibited Drugs
Republic Act 9165

Comprehensive Dangerous Drugs Act of 2002
(check SBC Law Memory Aid)
Unlawful Acts and Penalties:
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 6. Maintenance of a Den, Dive or Resort.
Section 7. Employees and Visitors of a Den, Dive or Resort.
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
ARTICLE II: Unlawful Acts and Penalties
Section 11. Possession of Dangerous Drugs
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 15. Use of Dangerous Drugs.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
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Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 18. Unnecessary Prescription of Dangerous Drugs.
Section 19. Unlawful Prescription of Dangerous Drugs.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law
to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of
the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties
Obtained from the Unlawful Act Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies
or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
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instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or
controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under
the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall,
after service of sentence, be deported immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board
pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of
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Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described
above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information
or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights
and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.
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In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this
Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not
limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.
Title Six
Crimes Against Public Morals
Chapter One
Gambling and Betting
PRESIDENTIAL DECREE No. 1602

PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11
and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino
and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms
of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or
percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building,
vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is
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frequently carried on therein, or the place is a public or government building or barangay hall, the malfactor shall be punished by prision correccional in its maximum period and a
fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or
banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point
shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are
being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.

PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORTS CONTESTS
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated:
a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest.
b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted 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 game, races or sports contests to make points
or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein.
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d. Game-machinations 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 sport contest.
Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the
games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as
may be authorized by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team,
individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum
period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of
insolvency at the discretion of the court.
c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty
provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be
deported.
Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the
National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted
except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense.

COCKFIGHTING LAW OF 1974
Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into
specific land uses as present and future projection of needs warrant.
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(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight
and thereafter distributes won bets to the winners after deducting a certain commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.
(e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by
announcing the winner or declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses
his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock.
Section 5. Cockpits and Cockfighting: In General:

(a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits.
Cooperative capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand,
two cockpits may be established, maintained and operated.
(c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or
ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other
public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of
this Decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their
respective building codes, ordinances or engineering laws and practices.
(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for
not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three 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: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a
year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30
(National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may
also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", 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: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province,
city, or municipality.
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(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.
Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the Chief of
Constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed
under Section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as amended.
Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable
every year on their birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed
gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree.
Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be
punished as follows:
a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner,
manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the
premises of cockfights during cockfights.
b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with
subsidiary imprisonment in case of insolvency, in case of any other offender.
Chapter Two
Offenses Against Decency and Good Customs
200: Grave Scandal That offender performs an act/s

That such act/s be highly scandalous as offending
against decency or good customs
That the highly scandalous conduct is not expressly
falling within any Art in the ROC
That the act/s complained of be committed in a public Committed in a private place Still 200 provided within
place or within the public knowledge or view the public knowledge of
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view
201: Immoral Acts punished
doctrines, obsence
publications and 1. Those who shall publicly expound or proclaim
exhibitions and doctrines openly contrary to public morals;
indecent shows
2. a. The authors of obscene literature, Mere possession No crime
published with their knowledge in any form, the
editors publishing such literature; and the If printers name is NOT Art 200 and Illegal
owners/operators of the establishment selling the divulged publication
same;
b. Those who, in theaters, fairs, Casual or occasional act of Not crime

cinematographs, or any other place, exhibit indecent giving
or immoral plays, scenes, acts, or shows, it being
understood that the obscene literature or indecent or Mere nudity in pictures or No crimes
immoral plays, scenes, acts or shows, whether live or paintings
in film, which are proscribed by virtue hereof, shall
include those which: (1) glorify criminals or condone
crimes; (2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3) offend Employs a child. RA 7619 Section 9
any race, or religion; (4) tend to abet traffic in and
use of prohibited drugs; and (5) are contrary to law,
public order, morals, good customs, established
policies, lawful orders, decrees and edicts; and
3. Those who shall sell, give away, or exhibit

films, prints, engravings, sculptures, or literature which
are offensive to morals.
202: vagrants and REPUBLIC ACT NO. 10158:
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prostitutes AN ACT DECRIMINALIZING VAGRANCY, AMENDING

FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE
RA No. 9208 AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER:
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
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(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including
the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking
or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced
labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Title Seven
Crimes Committed by Public Officers
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Chapter One
Preliminary Provisions
203: Who are Public Taking part in the performance of public functions in Temporary performance of Public officer
Officers the govt or performing in said govt or in any of its public functions by a laborer
branches public duties as employee, agent, or
subordinate official, of any rank or class
That his authority to take part in the performance of
public functions or to performs public duties must be:
a) by direct provision of law
b) by popular election
c) by appointment by competent authority
Chapter Two
Malfeasance and Misfeasance in Office
Section One: Dereliction of Duty
204: knowingly Offender is a judge Judge of a collegiate court Art 204 has no
redering unjust application
judgment He renders a judgment in a case submitted to him for
decision
That the judgment is unjust ( there must be SC decision)
That the judge knows that his judgment is unjust Mere error in good faith No crime
205: Judgment Offender is a judge
rendered through He renders a judgment in a case submitted to him for
negligence decision
That the judgment is manifestly unjust ( no need SC
decision)
That it is due to his inexcusable negligence or Abuse of discretion or mere No crime
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ignorance error
206: Unjust Offender is a judge
interlocutory order He performs any of the following acts:
a) knowingly renders unjust interlocutory order or
decree
b) renders a manifestly unjust interlocutory order or
decree through in excusable negligence or ignorance
207: Malicious delay Offender is a judge
in the administration There is a proceeding in court
of justice He delays the administration of justice
The delay is malicious, that is, the delay is caused by Without malice No crime
the judge with the deliberate intent to inflict damage
on either party in the case Without malice BUT with gross RA 2019 Sec 3(e)
negligence
208: Prosecution of Offender is a public officer or officer of the law who
offenses; negligence has a duty to cause the prosecution of or to prosecute
and tolerance offenses
That knowing the commission of the crime, Officer who has custody of Dereliction of duty
a) he does not cause the prosecution of the criminal or accused and assists in escape (
b) knowing that a crime is about to be committed he act of accessory)
tolerates its commission
Person who solicits, accepts, or PD 1829. Obstruction of
agrees to accept any benefit justice
in consideration of abstaining
from, discounting or impeding
the prosecution
That offender act with malice and deliberate intent to
favor the violator of law
209: betrayal of trust
by an attorney or Act punished:
With
Circumstances
I- inherent
solicitor revelation of If not damage caused Administratively or civilly

secrets 1. causing damage to his client, either: liable
a) by any malicious breach of professional duty OR
b) inexcusable negligence or ignorance
2. revealing any secret of his client learned by him in No damage Still Art 209 2nd mode
his professional capacity
3. undertaking the defense of the opposing party in With clients consent No crime
the same case without the consent of his first client
after having undertaken the defense of said first
client or after having received confidential
information from said client
Section Two: Bribery
210: Direct bribery Offender is a public officer

That the offender accepts an offer or promise or
receives a gift or preent by himelf or through another
Such offer/ promise be accepted or gift or present
received by the public officer
a) with a view to committing some crime Mere agreement Consummated DB 1st mode
Agreed and committed the Consummated DB 1st mode +
crime committed
crime
b) in consideration of the execution of an act which acceptance Consummated DB 2nd mode

does not constitute a crime, but the act must be unjust If not accepted Person who offered shall be
liable attempted corruption
of pub off
With
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c) to refrain from doing something which it is his Mere agreement Consummated DB 3rd mode
official duty to do Amounts to crime by omission Consummated DB 1st mode
That the act which the offender agrees to perform or
which he executes be connected with the performance
of his official duties.
211: Indirect Bribery Offender is a public officer
He accepts gift
That said gifts are offered to him by reason of his Acceptance Consummated IB
office
Sort of agreement IB
Agreement DB
No agreement IB
PD 46 MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE,
AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private
persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable
thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a
favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition
is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives
211-A: Qualified That the offender is a public officer entrusted with
bribery law enforcement
Offender refrains from arresting or prosecuting an Offender who has committed Art 208 Prosecution of
offender who has committed a crime punishable by less than reclusion perpetua offenses; negligence and
reclusion perpetua to death tolerance AND DB
That offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift, or
present.
212: Corruption of That the offender makes offers or promises or give
Public Officials gifts or presents to a public officer
With
Circumstances
I- inherent
That the offers or promises are made or the gifts or Officer accepts Attempted
presents given to a public officer, under the
circumstances that will make the public officer liable Officers rejects Attempted
for direct/ indirect bribery
PD 749 (informant) Immune from prosecution
False Art 212

PD 749 Presidential Decree No. 749 (ORTEGA notes)
The decree grants immunity from prosecution to a private person or public officer who shall voluntarily give information and testify in a case of bribery or in
a case involving a violation of the Anti-graft and Corrupt Practices Act.
It provides immunity to the bribe-giver provided he does two things:
(1) He voluntarily discloses the transaction he had with the public officer constituting direct or indirect bribery, or any other corrupt transaction;
(2) He must willingly testify against the public officer involved in the case to be filed against the latter.
Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver. Before trial, prosecutor may move for dropping
bribe-giver from information and be granted immunity. But first, five conditions have to be met:
(1) Information must refer to consummated bribery;

(2) Information is necessary for the proper conviction of the public officer involved;
(3) That the information or testimony to be given is not yet in the possession of the government or known to the government;
(4) That the information can be corroborated in its material points;
(5) That the information has not been convicted previously for any crime involving moral turpitude.
These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure.
The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave voluntarily the testimony. If there were other
transactions where the informant also participated, he is not immune from prosecution. The immunity in one transaction does not extend to other transactions.
With
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The immunity attaches only if the information given turns out to be true and correct. If the same is false, the public officer may even file criminal and civil
actions against the informant for perjury and the immunity under the decree will not protect him.
RA 3019
Anti Graft and Corrupt Practices Act
(0RTEGA notes)
Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)
The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service does not amount to bribery, but will amount to a violation of the Anti-
graft and Corrupt Practices Act.
Illustration:
A court secretary received P500 .00 from a litigant to set a motion for an early hearing. This is direct bribery even if the act to be performed is within his official duty so long as he
received a consideration therefor.
If the secretary persuaded the judge to make a favorable resolution, even if the judge did not do so, this constitutes a violation of Anti-Graft and Corrupt Practices Act, Sub-Section A.
Under the Anti-Graft and Corrupt Practices Act, particularly Section 3, there are several acts defined as corrupt practices. Some of them are mere repetitions of the act already penalized
under the Revised Penal Code, like prohibited transactions under Article 215 and 216. In such a case, the act or omission remains to be mala in se.
But there are acts penalized under the Anti-Graft and Corrupt Practices Act which are not penalized under the Revised Penal Code. Those acts may be considered as mala prohibita.
Therefore, good faith is not a defense.
Illustration:
Section 3 (e) of the Anti-Graft and Corrupt Practices Act causing undue injury to the government or a private party by giving unwarranted benefit to the party whom does not deserve
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the same.
In this case, good faith is not a defense because it is in the nature of a malum prohibitum. Criminal intent on the part of the offender is not required. It is enough that he performed the
prohibited act voluntarily. Even though the prohibited act may have benefited the government. The crime is still committed because the law is not after the effect of the act as long as the
act is prohibited.
Section 3 (g) of the Anti-Graft and Corrupt Practices Act where a public officer entered into a contract for the government which is manifestly disadvantageous to the government even
if he did not profit from the transaction, a violation of the Anti-Graft and Corrupt Practices Act is committed.
If a public officer, with his office and a private enterprise had a transaction and he allows a relative or member of his family to accept employment in that enterprise, good faith is not a
defense because it is a malum prohibitum. It is enough that that the act was performed.
Where the public officer is a member of the board, panel or group who is to act on an application of a contract and the act involved one of discretion, any public officer who is a member
of that board, panel or group, even though he voted against the approval of the application, as long as he has an interest in that business enterprise whose application is pending before
that board, panel or group, the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. His only course of action to avoid prosecution under the
Anti-graft and Corrupt Practices Act is to sell his interest in the enterprise which has filed an application before that board, panel or group where he is a member. Or otherwise, he should
resign from his public position.
Illustration:
Sen. Dominador Aytono had an interest in the Iligan Steel Mills, which at that time was being subject of an investigation by the Senate Committee of which he was a chairman. He was
threatened with prosecution under Republic Act No. 3019 so he was compelled to sell all his interest in that steel mill; there is no defense. Because the law says so, even if he voted against
it, he commits a violation thereof.
These cases are filed with the Ombudsman and not with the regular prosecutors office. Jurisdiction is exclusively with the Sandiganbayan. The accused public officer must be suspended
when the case is already filed with the Sandiganbayan.
Under the Anti-Graft and Corrupt Practices Act, the public officer who is accused should not be automatically suspended upon the filing of the information in court. It is the court which will
order the suspension of the public officer and not the superior of that public officer. As long as the court has not ordered the suspension of the public officer involved, the superior of that
public officer is not authorized to order the suspension simply because of the violation of the Anti-Graft and Corrupt Practices Act. The court will not order the suspension of the public
With
Circumstances
I- inherent
officer without first passing upon the validity of the information filed in court. Without a hearing, the suspension would be null and void for being violative of due process.
Illustration:
A public officer was assigned to direct traffic in a very busy corner. While there, he caught a thief in the act of lifting the wallet of a pedestrian. As he could not leave his post, he
summoned a civilian to deliver the thief to the precinct. The civilian agreed so he left with the thief. When they were beyond the view of the policeman, the civilian allowed the thief to go
home. What would be the liability of the public officer?
The liability of the traffic policeman would be merely administrative. The civilian has no liability at all.
Firstly, the offender is not yet a prisoner so there is no accountability yet. The term prisoner refers to one who is already booked and incarcerated no matter how short the time may be.
The policeman could not be said as having assisted the escape of the offender because as the problem says, he is assigned to direct traffic in a busy corner street. So he cannot be
considered as falling under the third 3rd paragraph of Article 19 that would constitute his as an accessory.
The same is true with the civilian because the crime committed by the offender, which is snatching or a kind of robbery or theft as the case may be, is not one of those crimes mentioned
under the third paragraph of Article 19 of the Revised Penal Code.
Where the public officer is still incumbent, the prosecution shall be with the Ombudsman.
Where the respondent is separated from service and the period has not yet prescribed, the information shall be filed in any prosecutions office in the city where the respondent resides.
The prosecution shall file the case in the Regional Trial Court unless the violation carries a penalty higher than prision correccional, in which case the Sandiganbayan has jurisdiction.
The fact that the government benefited out of the prohibited act is no defense at all, the violation being mala prohibita.
Section 3 (f) of the Anti-Graft and Corrupt Practices Act where the public officer neglects or refuses to act on a matter pending before him for the purpose of obtaining any pecuniary
or material benefit or advantage in favor of or discriminating against another interested party.
The law itself additionally requires that the accuseds dereliction, besides being without justification, must be for the purpose of obtaining from any person interested in the matter some
pecuniary or material benefit or for the purpose of favoring any interested party, or discriminating against another interested party. This element is indispensable.
With
Circumstances
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In other words, the neglect or refusal to act must motivated by gain or benefit, or purposely to favor the other interested party as held in Coronado v. SB, decided on August 18, 1993.
RA 7080
Anti- Plunder Act
(ORTEGA notes)
Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991. This crime somehow modified certain crimes in the Revised Penal Code
insofar as the overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery (Articles 210, 211,
211-A), fraud against the public treasury [Article 213], other frauds (Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total value of
P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua to death.
Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the Anti-Graft and Corrupt Practices Act.
Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt act.
Plunder is committed through a combination or series of overt acts:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
(2) 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 by reason of the office or position of the public officer;
(3) By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any of its subdivisions, agencies or instrumentalities or government-owned
or controlled corporations and their subsidiaries;
(4) 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 or undertaking;
(5) By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons
or special interests; or
(6) 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 and
prejudice of the Filipino people, and the Republic of the Philippines.
While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that in the imposition of penalties, the degree of participation and the attendance of mitigating and
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aggravating circumstances shall be considered by the court.
Chapter Three
Frauds and Illegal Exactions and Transactions
213: Frauds against Acts punished

the treasury and
similar offenses. 1. Frauds against the govt Mere agreement Consummated Art 213 a
Elements of frauds against public treasury under Govt not actually defrauded Consummated Art 213 a
paragraph 1
a) Offender is a public officer;

b) He has taken advantage of his office, that is, he
intervened in the transaction in his official
capacity;
c) He entered into an agreement with any interested party
or speculator or made use of any other scheme with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public
property or funds;
d) He had intent to defraud the government.
2. Illegal Exaction
Mere demand Consummated Art 213 b
3. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him Deceit was used in demand Estafa
officially, in the collection of taxes, licenses, fees, and
other imposts; Tax collector who collected Illegal exaction and
sum larger and used the same malversation
With
Circumstances
I- inherent
4. Collecting or receiving, directly or indirectly, by

way of payment or otherwise, things or objects of a Employee of BIR NIRC and Admin Code
nature different from that provided by law, in the applies
collection of taxes, licenses, fees, and other imposts.
Elements of illegal exactions under paragraph 2-4
a. 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:
b.1. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
by law; or
b.2. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially; or
b.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.
214: Other frauds Offender is a public officer NOT A CRIME BUT A

He takes advantage of his official position SPECIAL
He commits any of the frauds or deceits enumerated AGGRAVATING
in Art 315-318 CIRCUMSTANCE
215: Prohibited Offender is an appointive public officer
Transactions He becomes interested, directly or indirectly, in any
transaction of exchange or speculation
That the transaction takes place within the territory
With
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subject to his jurisdiction

That he becomes interested in the transaction during
his incumbency
216: Possession of Persons liable
prohibited interest by
a public officer 1. Public officer who, directly or indirectly, became interested in any contracts or business in which it was his official duty to intervene;
2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the
appraisal, distribution or adjudication of which they had acted;
3. Guardians and executors with respect to the property belonging to their wards or the estate.
Chapter Four
Malversation of Public Funds or Property
217: Malversation of Acts punished Not demand from govt Still 217 Return of funds
Public Funds or malversed is only
Property 1. Appropriating public funds or property; No damage to govt Still 217 MC not EC.
AKA embezzlement 2. Taking or misappropriating the same;
3. Consenting, or through abandonment or negligence,

permitting any other person to take such public funds
or property; and
4. Being otherwise guilty of the misappropriation or

malversation of such funds or property.
Elements common to all acts of malversation under

With
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Article 217
1. Offender is a public officer;
2. He had the custody or control of funds or property

by reason of the duties of his office;
3. Those funds or property were public funds or

property for which he was accountable;
4. He appropriated, took, misappropriated or

consented or, through abandonment or negligence,
permitted another person to take them.
218: Failure of Offender is a public officer, whether in the service of

Accountable officer to separated
render accounts He must be an accountable officer for public funds or No demand to render account Still 218
property made by govt
He is required by law or regulation to render Misappropriates Art 217 Malversation
accounts to the CoA or to provincial auditor
Fails to do so for a period of two mos after such
accounts should be rendered
219: Failure of Offender is a public officer
responsible Public That he must be an accountable officer for public
officer to render funds or property
accounts before He must have unlawfully left Ph without securing from At the point of leaving Still 219
leaving the country the CoA a certificate showing that his accounts have
been finally settled
220: illegal use of Offender is a public officer
public funds or That there is a public property under his
With
Circumstances
I- inherent
property administration
That there is a public fund or property has been
AKA Technical appropriated by law of ordinance for a particular
Malversation purpose
That he applies the same to a public use other than
that for which such fund or property has been
appropriated by law or ordinance
221: Failure to make Acts punished
delivery of public 1. Failing to make payment by a public officer who is
funds or property under obligation to make such payment from
government funds in his possession;
Elements of failure to make payment
1. Public officer has government funds in his

possession;
2. He is under obligation to make payment from such
funds;
3. He fails to make the payment maliciously.
2. Refusing to make delivery by a public officer who
has been ordered by competent authority to deliver
any property in his custody or under his
administration.
222: Officers 1. private individuals who, in any capacity whatsoever, have charge of any national, provincial, or municipal funds, revenue, or property
included in the
preceding provisions 2. administrator or depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual
Chapter Five
Infidelity of Public Prisoners
223: Conniving with That the offender is a public officer

With
Circumstances
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or consenting to That he has in his custody of charge, a prisoner either

evasion detention prisoner or prisoner by final judgment
That such prisoner escaped from his custody
That he was in connivance with the prisoner in the Escaped due to leniency or Not infidelity but Art
latters escape. laxity 224
224: Evasion through Offender is a public officer Liability of Not excused by
negligence That he is charged with the conveyance or custody of escaping recapturing the
a prisoner, either detention prisoner or prisoner by prisoner: escapee
final judgment a) if serving
That such prisoner escapes through his negligence. Guard falls asleep on duty 224 sentence by
final judgment:
Art 157
b) detention
prisoner: none
225: escape of Offender is a private person
prisoner under the That the conveyance or custody of a prisoner or Not confided. But priv indvl No crime
custody of a person person under arrest is confided to him himself made the arrest
NOT a public officer That the prisoner/ person under arrest escapes
That the offender consents to the escape of the
escapee ot the escape takes place through his
negligence.
Section Two: Infidelity in the Custody of Documents
226: Removal, Offender is a public officer Private individual- with Estafa

Concealment or damage cause
Destruction of
Documents Private individual- without Malicious mischief
damage caused
That he removes conceals or destroys documents or Merely done to alarm the Atil Art 226
With
Circumstances
I- inherent
papers for illicit purpose ( tamper, profit, breach of public or in the alienation of
trust of public officer) its confidence in any branch of
the govt services
That the said documents or papers should have been
entrusted to such public interest should have been
caused
That the damage, won serious, to a third party or to
the public interest should have been caused
227: Officer Offender is a public officer
breaking seal That he is charhed with the custody of papers or
property
That these papers or property are sealed by proper
authority and
He breaks the seals or permits them to be broken No damage/ intent Still Art 227
228: Opening Closed Offender is a public officer
documents That any closed paper, documents, or objects are If no damage of intent Still Art 228
entrusted in his custody by reason of his office
That he opens or permits to be opened said closed If in opening closed items, the Art 227.
paper, documents, or objects public officer broke the seal
That he does not have the proper authority
Section Three: Revelation of Secrets
229: revelation of Acts punished:

secrets by an officer First: Revealing any secrets known to the offending
public officer by reason of his official capacity;
Elements
2. He knows of a secret by reason of his official
With
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capacity;
3. He reveals such secret without authority or
justifiable reasons;
4. Damage, great or small, is caused to the public There is no damage RA 3019 Sec 3(k)
interest.
Second: Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
Elements
2. He has charge of papers; Public officer is merely Not Art 229
3. Those papers should not be published; entrusted
4. He delivers those papers or copies thereof to a
third person;
5. The delivery is wrongful;
6. Damage is caused to public interest.
230: Public Officer Offender is public officer Lawyer Art 209
revealing secrets of
private individual Private individual Art 290 or
Art 291
That he knows of the secrets of a private individual
by reason of his office
That he reveals such secrets without authority or Reveals to ne person Art 230 consummated
justifiable reason
Chapter Six
Other Offenses or Irregularities by Public Officers
Section One: Disobedience, Refusal or Assistance and Maltreatment of Prisoners

With
Circumstances
I- inherent
231: Open That the offender is a judicial or executive officer

Disobedience That there is a judgment, decision, or order of a
superior authority
That such judgment, decision, or order was made
within the scope of the jurisdiction of the superior
authority and issued with all legal formalities
The offender without any legal justification openly
refuses to execute said judgment, decision, or order
which he is duty bound to obey
232: Disobedience to Offender is a public officer
order of superior That an order is issued by his superior for execution
officer when said That he has for any reason suspended the execution
order was suspended of such order
by inferior officer That his superior disapproves the suspension of the
execution of the order
That the offender disobeys his superior despite the Order or superior is illegal Not 232
disapproval of the suspension
233: Refusal of Offender is a public Officer Private individual Contempt
assistance That a competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service
That the offender maliciously disobeys
There must be damage to public interest or to a third
party
234: Refusal to Offender is a public officer elected by popular
discharge election to a public office
that he refuses to be sworn in ot to discharge the
duties of said office
That there is no legal motive for such refusal to be
With
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sworn in or to discharge the duties of said office

235: maltreatment of Offender is a public officer or employee IN ADDITION,
prisoners That he has under his charge a prisoner convicted by physical
final judgment or a detention prisoner injuries.
That he maltreats such prisoner in either of the
following manner: Note: there is
a) by overdoing himself in the correction of handling no complex
or a prisoner or detention prisoner under his charge crime of
either maltreatment
a.1) by the imposition of punishments not authorized of prisoners
by the regulations with serious or
a.2) by inflicting such punishments ( those authorized) less serious
in a cruel and humiliating manner physical injuries
b) by maltreating such prisoner to extort a confession

ot to obtain some information from the prisoner
RA no. 9745 Anti Torture Act of 2009
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody
that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
With
Circumstances
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(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body
against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a deliberate
and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment
of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.
With
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Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Bight. - Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any
other public emergency, or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be
carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement. agencies concerned shall make an
updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated
or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This list shall be made available to
the public at all times, with a copy of the complete list available at the respective national headquarters of the PNP and AFP. A copy of the complete list
shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other law
enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment
by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture
for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies
shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area
of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to
prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.
With
Circumstances
I- inherent
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or
punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in
order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent
criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.
Section Two: Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office
236: Anticipation of That the offender is entitled to hold a public office or

duties of public office
employment, by election or appointment
That the law requires that he should first be sworn in
and/or should first five a bond
That he assumes the performance of the duties and
powers of such office
That he has not yet taken his oath of office and/or
given the bond required by law
237: Prolonging That the offender is holding a public office
performance of duties That the period provided by law, regulation or
and powers special provision for holding such office, has already
expired
That he continues to exercise the duties and powers of
such office
238: Abandonment of Offender is a public officer
With
Circumstances
I- inherent
Office That he formally resigns from his position. Written or

formal resignation
That his resignation has not yet been accepted
That he abandons his office to the detriment of public Purpose is to evade the Qualified Abandonment
service discharge of the duties of Office
preventing, prosecuting or
punishing any crimes falling
within Title 1 AND Chap 1
Title 3 of Book 2 of RPC
Does not abandon office but Art 208

fails to prosecute an offense
Section Three: Usurpation of Powers and Unlawful Appointments
239: Usurpation of Offender is an executive or judicial officer

Legislative Powers That he:
a) makes general rules or regulations beyond the
scope of his authority
b) attempts to repeal a law
c) suspends the execution thereof
240: Usurpation of Offender is a judge Legislative officers No crime
executive functions That he:
a) assumes a power pertaining to the executive
authorities
b) obstructs the executive authorities in the lawful
exercise of their powers
241: Usurpation of Offender is an officer of the executive banch of the
judicial functions govt
That he:
With
Circumstances
I- inherent
a) assumes judicial powers

b) obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
242: Disobeying Offender is a public officer
requests for That a proceeding is pending before such public
disqualification officer
That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided
That he has been lawfully required to refrain from
continuing the proceeding
The he continues the proceeding
243: Orders or Offender is an executive officer
requests by the That he addresses any order or suggestion to any
executive officers to judicial authority
any judicial authority That the or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of
justice
Offender is a public officer
244: Unlawful That he nominates or appoints a person to a public recommends No crime
appointments office
That such person lacks the legal qualifications
therefore
That the offender knows that his nominee or
appointee lacks the qualifications at the time he made
the nomination or appointment
Section Three: Abuses Against Chastity
245: Abuses against 1.Offender is a public officer; RA 7877

With
Circumstances
I- inherent
chastity- penalties 2. He solicits or makes immoral or indecent advances Mere proposal Consummated Art 245 Anti-Sexual
to a woman; Harassment Act
3. Such woman is of 1995
a. interested in matters pending before the
offender for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer; or
b. under the custody of the offender who is a
warden or other public officer directly charged with
the care and custody of prisoners or persons under
arrest; or
c. the wife, daughter, sister or relative within the mother Not 245
same degree by affinity of the person in the custody
of the offender.
Title Eight
Crimes Against Persons
Section One: Parricide, Murder, Homicide
246: Parricide A person is killed Parricide

That the deceased is killed by the accused stranger Murder/ homicide through
With
Circumstances
I- inherent
That the deceased is the father, mother, or child Child less than 3 days Infanticide negligence
whether legitimate or illegitimate, or a legitimate (365)
other ascendant or other descendant, or the Does not know f/ mo/ child/ Still Art 246
legitimate spouse, or the accused sps/ etc Parricide by
mistake (249)
Decased: adopted child
Accused: adopter Parricide Parricide under
Accused/ deceased: other Homicide/ murder exceptional
legit ascendants circumstances
(247)
247: Death of A legally married person or a parent surprises his sps Preparatory acts to sex Not 247
Physical Injuries or his daughter, the latter under 18 yo and living with
inflicted under him, in the act of committing sexual intercourse with
exceptional another person.
circumstances That hr or she kills ANY or BOTH of them, or inflicts Causes less serious or slight No liability
upon any or both of them any serious physical injury, physical injuries suffered by
in the act or immediately thereafter 3rd persons
That he has not promoted or facilitated the
prostitution of his wife of daughter, of that he or she
has not consented to the infidelity of the other sps
248: murder A person was killed; Qualifying AC: any
Accused killed him; from a-f
3. The killing was attended by any of the
following qualifying circumstances Absent QAC homicide Where there are
more than one
a. With treachery, taking advantage of superior qualifiying
strength, with the aid or armed men, or employing circumstances, only
With
Circumstances
I- inherent
means to waken the defense, or of means or persons one will qualify the
to insure or afford impunity; killing the rest will be
considered generic
b. In consideration of a price, reward or promise; aggravating
circumstances.
c. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault When the other
upon a railroad, fall of an airship, by means of motor circusmatces are
vehicles, or with the use of any other means involving absorbed in one
great waste and ruin; QAC, they cannot be
considered as GAC.
d. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake, Any of the QAC must
eruption of a volcano, destructive cyclone, epidemic, be alleged in the
or any other public calamity; information.
e. With evident premeditation; Use of unlicensed

firearm is considered
f. With cruelty, by deliberately and inhumanly a QAC.
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse. Treachery and
evident premed are
4. The killing is not parricide or infanticide. inherent in murder.
Use of poison is
inherent when there
is intent to kill and it
is used as means to
kill.
249: Homicide A person is killed There is not Use of unlicensed
With
Circumstances
I- inherent
That the accused killed him without any justifying crime of firearms is not AC
circumstances frustrated and is NOT to be
That the accused has the intention to kill, which is No intent to kill Physical injuries homicide considered as a
presumed through separate offense.
That the killing was not attended by any of the QAC imprudence.
of murder, of by that of parricide or infanticide.
Accidental homicide Death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent: NOT FELONY COMMITTED
Eg. boxing bout. Provided no violation of boxing rules
250: Penalty for Courtss discretion
frustrated PMH Two degrees lower for frustrated
Three degrees lower for attempted
Art 250 is not mandatory
PD 1110-A An attempt on or conspiracy against the life of the president, member of his family, any member of his cabinet or members of the latters family is
punishable by reclusion perpetua without right of probation
251: Death caused in
a tumultuous affray There be several persons
That they did not compose groups organized for the Distinct group with purpose of homicide
common purpose of assaulting and attacking each killing certain victim/s
other reciprocally, otherwise, they may be held liable
as co-conspirators
These several persons quarreled and assaulted one
another in a confused and tumultuous manner ( at
least 4 persons took part)
That someone was killed in the course of affray Participant or not Art 251
That it cannot be ascertained who actually killed the
deceased
That the person/s who inflicted serious physical
injuries or who used violence CAN BE IDENTIFIED
252: Physical injuries That there is a tumultuous affray as referred in Art
With
Circumstances
I- inherent
inflicted in a 251
tumultuous affray That a participant or some participants thereof suffer Not participant Not 252
serious PI or PI of less serious nature only
That the person responsible therefor cannot be
identified
That all those who appear to have used violence upon Those who inflicted PI and are Liable for PI and not
the person of the offended party ARE KNOWN known 252
253: giving assistance Euthanasia is
to suicide Acts punished: Persons who attempts suicide No liability even if third not 253 but
person is hurt 248. Person
First: by assisting another to commit suicide, whether killed does not
the suicide is consummated or not want to die.
Second: by lending his assistance to another to commit
suicide to the extent of doing the killing himself
254: discharge of Offender discharges a firearm against or at another Committed by a police officer 254 inapplicable. If a person is
firearms person on duty hit and
That the offender has no intention to kill that person Gun initially pointed at victim Still 254 wounded
but not pointed at victim when complex crime
it was fired of dischare of
firearm with
Fun not aimed Alarms and scandal serious or less
serious PI
If slight PI- no
complex but
separate
crimes.
There is no
crimes of
With
Circumstances
I- inherent
illegal
discharge of
firearm through
imprudence
Section Two: Infanticide and Abortion
255: infanticide A child was killed Inherent: treachery

That the deceased child was less that 3 days ( 72 Child born alive but could not No crime
hours) of age sustain an independent life Mitigating to mother
That the accused killed the child and maternal grand
parents: conceal
reputation
256: intentional There is a pregnant woman There is not
abortion That Fetus is less than 6 mos or full Still 256 crime of
a) wiolence is exerted term frustrated
b) drugs or beverages administered unintentional
c) any act of the accused Fetus could sustain an infanticide abortion
independent life ( intrauterine
the fetus dies, either in the womb or after having life of NOT LESS than 7 mos)
expelled therefrom after separation from womb
Abortion is intended Intentional abortion + fetus Frustrated abortion
did not die
Unintentional abortion + fetus Physical injuries

does not die
257: Unintentional There is a pregnant woman
abortion Violence is used upon such pregnant woman without
intending abortion
Violence is intentional exerted Grave threats were made to Complex crime of grave
With
Circumstances
I- inherent
cause abortion threats and intentional

abortion
Light threats Separate crimes

As a result of the violence, the fetus dies, either in the Killed wife but no evidence Parricide with
womb or after having been expelled therefrom that intended to kill child. unintentional abortion
258: abortion That there is a pregnant woman who has suffered an MC: to conceal
practiced by the abortion dishonor
woman herself or her That the abortion is intended
parents That the abortion is caused by- Woman: mitigated.
a) pregnant woman herself a) pregnant woman herself Art 258 Parents: not.
b) any other person with her consent b) any other person with her Art 256 (person who -unlike in infanticide.
c) any of her parents, with her consent, for the consent made it)
purpose of concealing dishonor c) any of her parents, with her Art 258
consent, for the purpose of
concealing dishonor
in C, if purpose other than to Parents liable under 256

conceal
259: Abortion There is a pregnant woman who has suffered abortion Not really pregnant Impossible crime
practiced by a Abortion is intended Not intended ot by mistake No crime
physician or midwife That the offender, who must be a physician or
in dispensing midwife causes, or assists in causing the abortion
abortives Said physician or midwife takes advantage of his or
her scientific knowledge of skill
259: by a pharmacist Offender is a pharmacist
There is no proper prescription from a physician
Offender dispenses any abortive Mere prescription Consummated 259
With
Circumstances
I- inherent
Section Three: Duel
260: responsibility orActs punished: Self defense cant be

participants in a duel1) killing ones adversary in a duel Death results Penalty is that for invoked.
2) inflicting upon such adversary physical injuries homicide.
3) making a combat although no physical injuries have
been inflicted.
261: Challenging to a Act punished:
duel 1) challenging another to a duel If no contemplation of a duel Not 261
2) inciting another to give or accept a challenge to a
duel
3) scoffing or decrying another publicly for having
refused to accept a challenge to fight a duel
Chapter Two: Physical Injuries
Mutilation Serious Physical Injuries Less Serious Physical Injuries Slight Physical Injuries & maltreatment
1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted;
2. When the injured person
a. Loses the use of speech or the power to hear or to smell, or

1. Intentionally mutilating loses an eye, a hand, afoot, an arm, or a leg;
another by depriving him, b. Loses the use of any such member; or The physical injuries must not
either totally or partially, of c. Becomes incapacitated for the work in which he was theretofore be those described in the Physical injuries which did not prevent the
some essential organ for habitually engaged, in consequence of the physical injuries preceding articles. offended party from engaging in his
reproduction; inflicted; habitual work or which did not require
medical attendance;
2. Intentionally making other NO SPECIAL INTENTION
With
Circumstances
I- inherent
mutilation, that is, by lopping 3. When the person injured Ill-treatment of another by deed without
or clipping off any part of the causing any injury.
body of the offended party, a. Becomes deformed; or
other than the essential organ b. Loses any other member of his body; or
for reproduction, to deprive c. Loses the use thereof; or
him of that part of his body. d. Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days in
There is SPECIAL INTENTION consequence of the physical injuries inflicted;
4. When the injured person becomes ill or incapacitated for labor Offended party is Physical injuries incapacitated the
for more than 30 days (but must not be more than 90 days), as a incapacitated for labor for 10 offended party for labor from one to nine
result of the physical injuries inflicted. days or more (but not more days, or required medical attendance
than 30 days), or needs during the same period;
medical attendance for the
same period of time;
If PI were inflicted with intent it is considered AC of ignominy in case of serious PI It is considered in increasing It is considered separate crime of slander
to insult or humiliate: penalty in less serious PI by deed
- it is inherent
Inherent: cruelty
262: Mutilation Acts punished:
First: Intentionally mutilating another by depriving him, Victim dies Murder qualified by
either totally or partially, of some essential organ for cruelty
reproduction;
Elements
1. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
ovarium;
2. The mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
With
Circumstances
I- inherent
some essential organ for reproduction

Second: Mayhem
Intentionally making other mutilation, that is, by
lopping 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 his body.
263: Serious Physical How committed: by With intent to kill Attempted or frustrated Committed with Qualifiying:
Injuries a) wounding homicide robbery under 1) offense committed
b) beating 2 and 3: against persons in
c) assaulting With circumstances of Qualified Serious PI the crime of
d) administering injurious substance parricide or murder Special parricide
1. When the injured person becomes insane, imbecile, That it was done by knowingly Art 264 complex crime 2. with the
impotent or blind in consequence of the physical administering to him any of robbery attendance of
injuries inflicted; injurious substances or with serious PI- circumstance which
beverages or by taking if injured is nor qualifies murder
2. When the injured person advantage of his weakness of responsible for
mind or credulity the robbery
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, afoot, an arm, or a Separate- if
leg; the injured
b. Loses the use of any such member; or person is a
c. Becomes incapacitated for the work in which he was robber.
theretofore habitually engaged, in consequence of
the physical injuries inflicted; 263 may be
committed by
3. When the person injured reckless
imprudence or
a. Becomes deformed; or by simple
b. Loses any other member of his body; or imprudence or
c. Loses the use thereof; or negligence (
With
Circumstances
I- inherent
d. Becomes ill or incapacitated for the performance art365)

of the work in which he was habitually engaged for
more than 90 days in consequence of the physical
injuries inflicted;
4. When the injured person becomes ill or

incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
physical injuries inflicted.
264: administering Offender inflicted upon another any serious PI Less serious or light PI 265/ 266
injurious substance or That it was done by knowingly administering to him Does not know injurious Not 264
beverages any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
That he had no intent to kill With intent to kill Frustrated murder
265: Less Serious Offended party is incapacitated for labor for 10 Qualified as to penalty
Physical injuries days or more but not more than 30 days; OR needs Qualified Less Serious PI
medical attendance for the same period; and 10 to 1. A fine not exceeding P
30 days 500.00, in addition to arresto
The PI must not be those described in the preceding mayor, shall be imposed for
art less serious physical injuries
when
a. There is a manifest intent to
insult or offend the injured
person; or
b.There are circumstances
adding ignominy to the
offense.
2. A higher penalty is imposed

when the victim is either
With
Circumstances
I- inherent
a. The offenders parents,

ascendants, guardians,
curators or teachers; or
b. Persons of rank or person in
authority, provided the crime
is not direct assault.
266: Slight Physical Acts punished:
Injuries and 1. Physical injuries incapacitated the offended party Supervening event Serious or Less Serious PI
Maltreatment for labor from one to nine days, or required medical
attendance during the same period;
2. Physical injuries which did not prevent the offended

party from engaging in his habitual work or which did
not require medical attendance;
3. Ill-treatment of another by deed without causing

any injury.
RA 8049 The Anti-Hazing Law
Hazing -- This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which
places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury.
These do not include any physical, mental, psychological testing and training procedure and practice to determine and enhance the physical and
psychological fitness of the prospective regular members of the below.
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in
duration.
Section 3 requires supervision by head of the school or the organization of the rites.
With
Circumstances
I- inherent
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such,
if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious
physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30,
10, 1-9 days.
It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned,
knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable.
Makes presence a prima facie presumption of guilt for such.

RA 7610 Special Protection of Children against Child Abuse, Exploitation and Discrimination Act in relation to murder, mutilation or injuries to a child
The last paragraph of Article VI of Republic Act No. 7610, provides:
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262 (2) and 263 (1) of Act No 3815, as amended of
the Revised Penal Code for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua
when the victim is under twelve years of age.
The provisions of Republic Act No. 7160 modified the provisions of the Revised Penal Code in so far as the victim of the felonies referred to is under 12
years of age. The clear intention is to punish the said crimes with a higher penalty when the victim is a child of tender age. Incidentally, the reference to
Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. Killing a child under 12 is
murder, not homicide, because the victim is under no position to defend himself as held in the case of People v. Ganohon, 196 SCRA 431.
For murder, the penalty provided by the Code, as amended by Republic Act No. 7659, is reclusion perpetua to death higher than what Republic Act no.
7610 provides. Accordingly, insofar as the crime is murder, Article 248 of the Code, as amended, shall govern even if the victim was under 12 years of
age. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263
of the Code that the quoted provision of Republic Act No. 7160 may be applied for the higher penalty when the victim is under 12 years old.
RA9262
With
Circumstances
I- inherent
Chapter Three: Rape
266-A: Rape Slightest penetration Consummated. No

2 kinds of rape: RA 8353 Anti-rape Law frustrated rape.
First: traditional rape
1) Offender is a man No penetration of the female Attempted rape
2) That the offender had carnal knowledge of a organ and intention to have
woman carnal knowledge against he
3) That such act is accomplished under any of the ff will
circumstances:
a) by using force, threat, or intimidation
b) when the woman is deprived of reason or
otherwise unconscious
c) By means of fraudulent machinations or grave Knows 12 yo Qualified rape
abuse of authority Under 12yo ( knowledge Statutory rape
d) when the woman is under 12 yo or demented immaterial)
Second: Sexual Assault 12yo and prostitute with Still rape
1) Offender commits an act of sexual assault consent
2) That the act of sexual assault is committed by any 13yo with mind of a 5yo Still rape
of the ff means:
a) by inserting his penis into another persons mouth or Woman contributed to the Offense other than rape
anal orifice consummation of rape
b) by inserting any instrument or object into the
genital or anal orifice of another person Deaf mute Not rape
3) that the act of sexual assault is accomplished under
any of the circumstances enumerated under the first Used drug to incite her Not rape
act of committing rape passion
Moral ascendancy Rape ( sub for physical

force or intimidation)
With
Circumstances
I- inherent
266-B Qualified Qualified by the following:

Rape
(1) Reclusion perpetua to death/ prision mayor to
reclusion temporal --
(a) Where rape is perpetrated by the accused with a
deadly weapon; or
(b) Where it is committed by two or more persons.
(2) Reclusion perpetua to death/ reclusion temporal

(a) Where the victim of the rape has become insane;
or
(b) Where the rape is attempted but a killing was Where the rape is attempted
committed by the offender on the occasion or by but a killing was committed by Special Complex Crime
reason of the rape. the offender on the occasion
or by reason of the rape.
(3) Death / reclusion perpetua --
Where homicide is committed by reason or on Where homicide is committed
occasion of a consummated rape. by reason or on occasion of a Special Complex Crime
consummated rape.
(4) Death/reclusion temporal --
(a) Where the victim is under 18 years of age and BUT when homicide is Separate Crimes
the offender is her ascendant, stepfather, guardian, committed not by reason or on
or relative by affinity or consanguinity within the 3rd occasion of rape
civil degree, or the common law husband of the
victims mother; or
(b) Where the victim was under the custody of the

police or military authorities, or other law enforcement
agency;
With
Circumstances
I- inherent
(c) Where the rape is committed in full view of the

victims husband, the parents, any of the children or
relatives by consanguinity within the 3rd civil degree;
(d) Where the victim is a religious, that is, a member

of a legitimate religious vocation and the offender
knows the victim as such before or at the time of the
commission of the offense;
(e) Where the victim is a child under 7 yrs of age;
(f) Where the offender is a member of the AFP, its

paramilitary arm, the PNP, or any law enforcement
agency and the offender took advantage of his
position;
(g) Where the offender is afflicted with AIDS or other

sexually transmissible diseases, and he is aware
thereof when he committed the rape, and the disease
was transmitted;
(h) Where the victim has suffered permanent physical

mutilation;
(i) Where the pregnancy of the offended party is

known to the rapist at the time of the rape; or
(j) Where the rapist is aware of the victims mental

disability, emotional disturbance or physical
handicap.
With
Circumstances
I- inherent
266-C: Effect of 1) subsequent valid marriage between the offender and offender shall extinguish:
Pardon a) criminal action for rape
b) penalty already imposed
2) subsequent forgiveness of the wife to the legal husband shall extinguish:

a) criminal action for rape
b) penalty already imposed
Provided: it is not Void ab initio
Since rape is now a crime against persons marriage extinguishes penal action only as to principal. NOT to accomplices/ accessories.
This principle does not apply to multiple rape, where husband is a co-principal to other rapes committed.
266-D: presumptions Evidence may be accepted in the prosecution of rape:
1) any physical over act manifesting resistance against the act of rape in any degree from the offended party
2) where the offended party is so situated as to render him/ her incapable of giving his/ her consent
Title Nine
Crimes Against Personal Liberty and Security
Section One: Illegal Detention
267: Kidnapping and Offender is a private individual who is NOT any of Public officer Arbitrary detention If the person
serious illegal the parents of the victim nor a female killed, tortured,
detention Person who furnished the Accomplice (exp: or rapes IS
place conspiracy) NOT THE
He kidnaps or detains another, or in any other manner Has freedom to move around Still 267 VICTIME OF
deprives the latter of his liberty but not freedom to leave KIDNAPPING,
The act of detention or kidnapping must be illegal ( the crimes
not ordered by a competent authority or not maybe
With
Circumstances
I- inherent
permitted by law) complexed or

That in the commission of the offense, any of the ff Absent the circumstances Slight illegal detention considered as
circumstances is present: separate
a. The kidnapping lasts for more than 3 days; When purpose is to extort Still 267 but qualified as offenses.
ransom WITHOUT these to penalty ( death)
b. It is committed simulating public authority; circumstances
c. Any serious physical injuries are inflicted upon Person kidnapped is killed, Special Complex Crime
the person kidnapped or detained or threats to kill purposely done or (SCC)
him are made; or afterthought. Regardless of
how many victim was killed.
d. The person kidnapped or detained is a minor,
female, or a public officer. BUT if person killed not the Separate Crimes
victim of kidnapping
Short time from kidnapping to Murder/ homicide. NO

killing victims kidnapping
Primary purpose: to kill Murder/ Homicide

Primary purpose: to kidnap SCC
Killed first then asked for Murder

ransom
Primary purpose: to rape Forcible abduction w/

rape
Primary purpose: kidnap SCC
Kidnapped then attempted Separate

rape
With
Circumstances
I- inherent
Kidnapped then multiple rape Only one SCC
268: Slight Illegal Offender is a private individual Victim: female Art 267. ( voluntary MC:
Detention release is not MC) 1) offender
voluntarily releases
Person who furnished the Co- principal the person
place kidnapped or
That he kidnaps or detains another, or in any manner detained within 3
deprives him of his liberty days
That the act of kidnapping or detention is illegal 2) without having
That the crime is committed without the attendance of attained the purpose
the circumstances in Art 267 intended
3) before the
institution of the
criminal proceedings
against him
269: Unlawful arrest Offender arrests or detains another person (private
indvl or pub off not having the authority to arrest)
That the purpose of the offender is to deliver him to Purpose: any other case Other illegal detention
the proper authorities
That the arrest or detention is unauthorized by law or Detention for a legal ground Delay in the delivery of
there is no reasonable ground therefor but there is failure to deliver persons detained
person arrested to proper
authorities
Section Two: Kidnapping Minors
270: kidnapping and Offender is entrusted with the custody of a minor Offender is not entrusted Kidnapping and serious Kidnapping
failure to return a person ( less than 18yo) illegal detention and failure to
With
Circumstances
I- inherent
minor That he deliberately fails to restore the said minor to return a minor
his parents or guardian (270) is
necessarily
included in
kidnapping
and serious
illegal
detention of
minor (267 (4)).
271: inducing a minor A minor is (less than 18 yo) is living in the home of his
to abandon his home parents or guardian or the person entrusted with his
custody
That the offender induces said minor to abandon such Offender is a parents with not Still 271
home custody
Inducement must be: Minor does not actually Still 271

Actual abandon home
Committed with criminal intent
Determined by a will to cause damage Minor leaves in his own No liability
freewill
Section Three: Slavery and Servitude
272: Slavery Offender purchase, sells, kidnaps, or detains a human

being
That the purpose of the offense is to enslave such Purpose: to assign the Qualified slavery
human being offended to some immoral
traffic
If victim is female May be Art 341 or

With
Circumstances
I- inherent
white trade slavery

If purpose not to enslave
Kidnapping or illegal
detention
273: exploitation of Offender retains a minor in his service
child labor That it is against the will of the minor Minor consent No crime
That it is under the pretext or reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of the minor.
274: services That the offender compels a db to work for him, No cd-db relationship Coercion
rendered under the either as household servant or farm laborer
compulsion in As janitor No violation of 274
payment of debt
Db is a minor Art 273
It is against the dbs will
That the purpose is to require or enforce the payment
of a debt
Chapter Two:
Crimes Against Security
Section One: abandonment of helpless persons and exploitation of minors
275: abandonment of Act Punished:

persons in danger 1. Failing to render assistance to any person whom
and abandonment of the offender finds in an uninhabited place wounded
ones own victim or in danger of dying when he can render such
assistance without detriment to himself, unless such
omission shall constitute a more serious offense.
With
Circumstances
I- inherent
Elements
a) The place is not inhabited;
b) Accused found there a person wounded or in
danger of dying;
c) Accused can render assistance without detriment to
himself;
d) Accused fails to render assistance.
2. Failing to help or render assistance to another
whom the offender has accidentally wounded or
injured;
3. By failing to deliver a child, under seven years of Offender does not know child Still Art. 275
age, whom the offender has found abandoned, to the is under 7yo.
authorities or to his family, or by failing to take him to
a safe place. Child is in an unsafe place.
276: Abandoning The offender has the custody of a child
Minor The child is under 2 years of age
That he abandons such child
That he has no intent to kill the child when the latter is If there is intent to kill + child Murder/ parricide /
abandoned dies infanticide
If there is intent to kill + does Attempted or frustrated

not die
If intent to abandon child is to Art 347 ( concealment or

lose his civil status abandonment of a legit
child)
Death of the minor resulted Qualified Art 276.
from such abandonment
OR
The life of the minor was in
With
Circumstances
I- inherent
danger because of
abandonment
277: abandonment of Acts Punished:
minor entrusted with 1. Delivering a minor to a public institution or other Abandoned a child below 7yo Art 276
his custody; persons without the consent of the one who entrusted in such a way as to deprive
indifference of such minor to the care of the offender or, in the him of his basic needs which
parents absence of that one, without the consent of the proper his tender years need.
authorities;
Elements
a. Offender has charge of the rearing or education of

a minor;
b. He delivers said minor to a public institution or
other persons;
c. 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. Indifference of parents
Elements:
a.Offender is a parent;
b.He neglects his children by not giving them
education;
c. His station in life requires such education and his
financial condition permits it.
278: Exploitation of Acts punished:
minors 1. Causing any boy or girl under 16 years of age to Delivery of the child is made Qualified Art 278
perform any dangerous feat of balancing, physical in consideration of any price,
With
Circumstances
I- inherent
strength or contortion, the offender being any person; compensation, or promise
2. Employing children under 16 years of age who are

not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer, the offender being an acrobat,
etc., or circus manager or engaged in a similar
calling;
3. Employing any descendant under 12 years of age

in dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of the said callings;
4. Delivering a child under 16 years of age

gratuitously to any person following any of the
callings enumerated in paragraph 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; and
5. Inducing any child under 16 years of age to No such purpose and child is Art 271
abandon the home of its ascendants, guardians, under 18.
curators or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the
offender being any person.
279: additional Imposition of penalties form 275-8shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and
penalties for other punished under the RPC.
offenses
With
Circumstances
I- inherent
Section Two: Trespass to dwelling
280: (simple) trespass Offender is a private person Public officer/ employee Violation of domicile
to dwelling He enters the dwelling of another
That such entrance is against the will of the owner or By violence or intimidation Qualified trespass to
occupant dwelling
Against owner/ occupant Simple trespass to
dwelling
Lack of permission Not simple trespass.
Entered a door not for ingress Simple trespass
Enters late at night Simple trespass
No intent to kill Separate crimes
There was intent to kill Homicide or murder and

dwelling as AC
Offender is employed by Qualified

offended
Violence or intimidation was qualified

committed immediately after
entrance
281: other forms of Offender enters the closed premises or the fenced Dwelling house and inhabited Art 280
tresspass estate of another
That the entrance is made while either of them is
With
Circumstances
I- inherent
uninhabited
That the prohibition to enters be manifest
That the trespasser has not secured the permission of
the owner of the caretaker thereof
Section Three: Threats and Coercion
282: Grave Threats Acts punished: Threats made

1. Threatening another with the infliction upon his Amounts to a crime Grave threats in connection
person, honor or property or that of this family of any with the
wrong amounting to a crime and demanding money Not amounts to a crime Light threats commission of
or imposing any other condition, even though not other crimes
unlawful, and the offender attained his purpose; With violence or intimidation Coercion are absorbed
by the latter. (
a) that offender threatens another person with the Intimidation was made in Qualified means to
infliction upon the latters person, honor, or property writing OR through a middle commit or mere
or upon that of the latters family, of any wrong man incident)
b) that such wrong amounts to a crime
c) that there is a demand for money or that any other Offended learns of the threats Consummated 282 If the threat
condition is imposed, even though not unlawful was made with
d) that the offender attains When the offender demand Robbery. the deliberate
2. Making such threat without the offender attaining the money or property on the purpose of
his purpose; spot creating in the
3. Threatening another with the infliction upon his mind of the
person, honor or property or that of his family of any Threatened to prevent person PD 1829 person
wrong amounting to a crime, the threat not being from appearing in the threatedned
subject to a condition. investigation of or official the belief that
proceedings or a criminal case would be
a) that the offender threatens another person with the carried into
infliction upon the latters person, honor, or property effect, the
With
Circumstances
I- inherent
or upon that of the latters family, of any wrong crime

committed is
b) that such wrong amounts to a crime grave threats,
and the minor
c) that the threat is not subject to a condition crime which
accompanied it
should be
disregarded.
283: light threats Offender makes a threat to commit a wrong blackmailing Still 283
That the wrong does not constitute a crime
That there is a demand for money or that other
condition is imposed even though not unlawful
That the offender has attained his purpose or that he
has not attained his purpose
284: bond for good When is a person required to give bail bond:
behavior a) when he threatens another under the circumstances mention in art 282
b) when he threatens another under the circumstances in art 283
285: other light Acts punishable:
threats When made to an absent Other Light threats
1. Threatening another with a weapon, or by drawing persons and uttered under fit
such weapon in a quarrel, unless it be in lawful self- of anger
defense;
No demand for money Other light threats
2. Orally threatening another, in the heat of anger,
with some harm constituting a crime, without persisting No condition imposed Other light threats
in the idea involved in his threat;
Threat not deliberate Other light threats
3. Orally threatening to do another any harm not
constituting a felony.
286: Grave Coercion Two ways of committing it:
With
Circumstances
I- inherent
1) PREVENTIVE. by preventing another by means of Art 132, 143, 145, 287 Not coercion
violence, threats or intimidation, from doing something
not prohibited by law Act to be prevented is Unjust vexation
already done when violence is
exerted
2) COMPULSIVE. by compelling another, by means of Art 127, 287 Not coercion
violence, threats or intimidation, to do something
against his will whether it be right or wrong
Elements 1 and 2:
a) that a person prevented another from doing
something not prohibited by law or by compelling him
to do something against his will, be it right or wrong
b) that the prevention or compulsion be effected by There is no violence or Unjust vexation

violence, threats, or intimidation intimidation
c) that the person that restrained the will and liberty Intent to deprive offended of Illegal detention
of another has no right to do so, or that the restraint is his liberty is not clear
not made under the authority of law or in the exercise
of any lawful right Offended is a prisoner, Maltreatment
extracting info using force or
intimidation
Offended did not accede to Consummated grave

the purpose of coercion coercion
287: light coercion Offender is a creditor
That he seizes anything belonging to his debtor
That the seizure of the thing be accomplished by Absent violence Unjust vexation
means of violence or a display of material force
producing intimidation
With
Circumstances
I- inherent
That the purpose of the offender is to apply the same

to the payment of the debt
Unjust vexation Any human conduct which although not productive of With violence or intimidation Grave or light coercion
some physical or material harm would however,
unjustly annoy or vex an innocent person
288: other similar Acts punished:
coercions (compulsory 1. Forcing or compelling, directly or indirectly, or
purchase of knowingly permitting the forcing or compelling of the
merchandise and laborer or employee of the offender to purchase
payment of wages by merchandise of commodities of any kind from him;
means of tokens)
Elements:
a. Offender is any person, agent or officer of any
association or corporation;
b. He or such firm or corporation has employed
laborers or employees;
c. 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 him or
from said firm or corporation.
2. Paying the wages due his laborer or employee by
means of tokens or object other than the legal tender
currency of the Philippines, unless expressly requested
by such laborer or employee.
Elements:
a. Offender pays the wages due a laborer or
employee employed by him by means of tokens or
object;
With
Circumstances
I- inherent
b. Those tokens or objects are other than the legal

tender currency of the Philippines;
c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
289: formation, Offender employs violence or threats, in such a When picketers employ force coercion
maintenance and degree as to compel or force the laborers or or if they make threats
prohibition of employers in the free and legal exercise of their
combination of industry or work
capital or labor That the purpose is to organize, maintain, or prevent Preventing ee from joining a Punished under the
through violence of coalitions of capital or laborers or lockout of registered labor organiization Labor code NOT RPC.
threats employers
Chapter Three
Discovery and Revelation of Secrets
290: Discovering That the offender is a private individual or even a Offender comes to know of Public officer revealing
Secrets through public office not in the exercise of his official function secret by reason of public secrets of priv indvl
seizure of That he seizes the papers or letters of another office
correspondence That the purpose is to discover the secrets of such
other person Offender reveals the contents Qualified Art 290
That the offender is informed of the contents of the of such paper or letter of
papers of letters seized another to a 3rd person
If purpose is to cause damage Estafa

If purpose is to harass or Unjust vexation
annoy
291: revealing Offender is a manager, employee, or servant
secrets with abuse of That he learns the secrets of his principal or master in
office such capacity
With
Circumstances
I- inherent
That he reveals such secrets

292: revelation of That the offender is a person in charge, employee, or
industrial secrets workman of a manufacturing or industrial
establishment
That the manufacturing/ industrial establishment has a
secret of the industry which the offender has learned
That the offender reveals such secrets
That prejudice is caused to the owner
Title Ten
Crimes Against Property
293: who are guilty There is a personal property If real property Usurpation
of robbery There is unlawful taking of that property
That the taking must be with intent to gain Prohibited articles Still robbery
That there is violence against or intimidation of any
person or forcer upon things Stolen from: Still robbery
1) owner
2) possessor
3) thief
Property stolen belongs to Not liable for robbery.

thief Impossible crime.
Took it believing it was his Not liable for robbery

property
No intent to gain Estafa or coercion
Owner takes prop from lawful estafa

With
Circumstances
I- inherent
possessor
Section One: Robbery with Violence against or Intimidation of Persons
294: Robbery with Acts Punished: Special Complex Crimes

violence against of 1. When by reason or on occasion of the robbery Intent to take before killing. Robbery with homicide The qualifying
intimidation of (taking of personal property belonging to another circumstance will only
persons with intent to gain), the crime of homicide is Any kind of killing ( parricide/ become an AC.
committed; murder/ multiple killing) by
NOTE: crime reason of or on the occasion Additional killed/
complexed with of robbery. raped is not
Robbery must be considered as AC.
consummated Mere after thought to rob. Separate crimes.
Priority to kill.
Different person killed/ one of Robbery with Homicide

the robbers
Death supervened by mere Robbery with Homicide

incident
2. When the robbery is accompanied by rape or Attempted rape only Robbery and Attempted
intentional mutilation or arson; rape
Rape mere afterthought Separate
Conspiracy All liable.
Raped member of the robbers Robbery with rape
With
Circumstances
I- inherent
Multiple raped/ killed Only one SCC
Arson + intent to rob + no Robbery with arson

killing + no rape + no
intentional mutilation
Arson + intent to rob + killing Arson is only an AC.

+ rape + intentional
mutilation
3. When by reason of on occasion of such robbery,

any of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted;
4. When by reason or on occasion of robbery, any of Serious injuries Robbery with serious
the physical injuries resulting in the loss of the use of physical injuries
speech or the power to hear or to smell, or the loss of
an eye, a hand, a foot, an arm, or a leg or the loss of Not serious Absorbed in robbery
the use of any such member or incapacity for the work
in which the injured person is theretofore habitually
engaged is inflicted;
5. If the violence or intimidation employed in the Slight or less serious pi Absorbed in Simple
commission of the robbery is carried to a degree robbery
unnecessary for the commission of the crime;
Intimidation is conditional or Threats to extort money
6. When in the course of its execution, the offender future. Gain not immediate.
With
Circumstances
I- inherent
shall have inflicted upon any person not responsible

for the commission of the robbery any of the physical Parts with his money, in a Bribery
injuries in consequence of which the person injured sense, voluntarily
becomes deformed or loses any other member of his
body or loses the sue thereof or becomes ill or No intent to gain Grave coercion
incapacitated for the performance of the work in
which he is habitually engaged for more than 90
days or the person injured becomes ill or
incapacitated for labor for more than 30 days;
7. If the violence employed by the offender does not

cause any of the serious physical injuries defined in
Article 263, or if the offender employs intimidation
only.
295: Robbery with NO 3,4,5 of Art 294 if committed: All these circumstances Qualified Robbery with All five are Special
Physicial Injuries, 1) in an uninhabited place violence against or Aggravating
committed in an 2) by a band intimidation of persons Circumstances
uninhabited place 3) by attacking a moving train, street car, motor
AND by a band or vehicle, or airship Both uninhabited place and Robbery in an
with the use of 4) by entering the passengers compartments in a by a band concur uninhabited place and If robbery is
forearm on a street, train, or in any manner taking the passengers by by a band committed with
road, alley surprise in their respective conveyances homi/rape/ pi-
5) on a street, road, highway, alley, and the uninhabited place
intimidation is made with the use of firearms and by a band is
considered as GAC.
296: Definition of Article 296 defines a robbery by a band as follows: when at least four armed malefactors take part in the commission of a robbery.
band and the penalty
incurred by the Requisites for liability for the acts of the other members of the band
members
1. He was a member of the band;
With
Circumstances
I- inherent
2. He was present at the commission of a robbery by that band;

3. The other members of the band committed an assault;
4. He did not attempt to prevent the assault.
Art 296 applies only to 3,4,5 of Art 294.

Proof of conspiracy not necessary.
PD 1866 Illegal possession IN ADDITION to robbery by a band

RA 8294 USE of unlawful firearm in murder or homicide is now considered as a special aggravating circumstance
Is NOT USED, separate.
297: attempted and When by reason or on occasion of attempted or Physical injuries + no intent to
frustrated robbery frustrated robbery, homicide (generic sense) is kill + A/F robbery
committed under committed.
certain circumstances PI= means for the commission Pi absorbed in AF rob
of AF rob
PI= on occasion but not Separate crimes
employed as a means of
committing AF rob
PI= killing and PI committed Pi absorbed in AF rob
on that occasion
If PI is serious as necessary Robbery with serious

means of committing felony. physical injuries
298: execution of Elements Void document No crime
deeds by means of
violence or 1. Offender has intent to defraud another;
intimidation 2. Offender compels him to sign, execute, or deliver
any public instrument or document.
3. The compulsion is by means of violence or
intimidation.
With
Circumstances
I- inherent
Section Two: Robbery with the Use of Force upon Things
299: robbery in an A. Offender outside comes inside

inhabited house/ Offender entered:
public building or a) an inhabited house
edifice devoted to b) public building
worship c) an edifice devoted to religious worship
Entrance was effected by any of the following means:
a) through an opening not intended for entrance or
egress
b) by breaking any (outside) wall, roof, floor, door, or Breaking of inside wall Still 299
window, occupied by a person
c) by using false keys, picklocks, or similar tools separate as his own
d) using any fictitious name or pretending the exercise
of public authority Not whole body enters Theft
establishment
Once inside the building, the offender took personal
property belonging to another with intent to gain
B. offender already inside
Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it.
That the offender takes personal property belonging
to another with intent to gain under any of the ff
circumstances:
a) by the breaking of internal doors, wardrobes,
chests, or any other kind sealed furniture or
receptacle
b) by taking such furniture or objects away to be
With
Circumstances
I- inherent
broken open outside the place of the robbery

300: Robbery in an Qualifier Crime
uninhabited place Uninhabited place AND by a band Qualified robbery with force upon things (Art 300)
AND by band Uninhabited place OR by a band Qualified robbery with violence or intimidation of persons (Art. 295)
301: what is an Inhabited house Any shelter, ship, or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be
inhabited house, absent therefrom when the robbery is committed.
public building or
building dedicated to Public building Includes every building owned by the government or belonging to a private person but used or rented by the government, although
religious worship temporarily unoccupied by the same.
Dependencies of an inhabited house, public building, or building dedicated to religious worship All interior courts, corrals, warehouses, granaries,
barns, coachhouses, stables, or other departments, or enclosed interior entrance connected therewith and which form part of the whole. Orchards and other
lands used for cultivation or production are not included, even if closed, contiguous to the building, and having direct connection therewith.
302: Robbery in an Offender enetered an uninhabited place or a Taking of large cattle PD 533
uninhabited place or building which was not a dwelling house, not a public
in a private building building, or not an edifice devoted to religious
building.
That any of the following circumstances was present:
a. The 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
With
Circumstances
I- inherent
if the same be broken open elsewhere

That with intent to gain, the offender took therefrom
personal property belonging to another.
303: robbery of Seedlings which are immediate product of the soil.
cereals, fruits, or
firewood in an
uninhabited place or
private individual
304: possession of That the offender has in his possession picklocks or
picklocks or similar similar tools
tool That such picklocks or similar tools are specially
adopted to the commission of robbery
That the offender does not have lawful cause for such
possession
305: false keys Inclusions:
a) tools not mentioned in the next preceding article
b) genuine keys stolen from the owner
c) any keys other than those intended by the owner for the use in the lock forcibly opened by the offender.
Chapter Two
Brigandage
PD 532 vs 306 RPC Distinction between brigandage under the Revised Penal Code and highway robbery/brigandage under Presidential Decree No. 532:
(1) Brigandage as a crime under the Revised Penal Code refers to the formation of a band of robbers by more than three armed persons for the purpose of
committing robbery in the highway, kidnapping for purposes of extortion or ransom, or for any other purpose to be attained by force and violence. The mere
forming of a band, which requires at least four armed persons, if for any of the criminal purposes stated in Article 306, gives rise to brigandage.
(2) Highway robbery/brigandage under Presidential Decree No. 532 is the seizure of any person for ransom, extortion or for any other lawful 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
With
Circumstances
I- inherent
any person on any Philippine highway.
Brigandage under Presidential Decree No. 532 refers to the actual commission of the robbery on the highway and can be committed by one person alone. It is
this brigandage which deserves some attention because not any robbery in a highway is brigandage or highway robbery. A distinction should be made between
highway robbery/brigandage under the decree and ordinary robbery committed on a highway under the Revised Penal Code.
306: Brigandage There be at least 4 armed men

They formed a band of robbers Carries unlicensed firearms All presumed brigands
Purpose:
a) to commit robbery in a highway Streets Still 306
b) to kidnap persons for the purpose of extortion of
to obtain ransom Several robberies in the Brigandage
c) to attain by means of forcer and violence any other highway
purpose
Particular in any roads Robbery in band
307: aiding or That there is a band of brigands
abetting a band of That the offender knows the band to be of brigands
brigands That the offender does any of the following:
a) that he aids, abets, or protects such band of
brigands
b) that he gives them information on the movements of
the police or other peace officers of the govt
c) that he acquires or receives property taken by such
brigands
Chapter Three
Theft
308: who are liable 1. Those who with intent to gain, but without violence
for theft against or intimidation of persons nor force upon No chance to dispose Theft
With
Circumstances
I- inherent
things, take personal property of another without the

latters consent; Electricity RA 7832: theft of
electricity
a) That there be taking of personal property
b) That said property belongs to another Whole car taken to another theft
c) That the taking be done with intent to gain place and tires were taken
d) That the taking be done without the consent of the
owner
e) That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things
Other forms of theft 2. Those who having found lost property, fails to
deliver the same to the local authorities or to its Committed by policeman theft
owner;
a) the time of the seizure of the thing
b) that it was lost property belonging to another
c) that the accused having had the opportunity to
return or deliver the lost property to its owner or to
the local authorities, refrained from doing so.
3. Those who, after having maliciously damaged the

property of another, remove or make use of the fruits
or objects of the damage caused by them;
4. Those who enter an enclosed estate or a field

where trespass is forbidden or which belongs to
another and, without the consent of its owner, hunt or Fishing in a fishpond of fishery Qualified theft
fish upon the same or gather fruits, cereals or other
forest or farm products.
a) that there is an enclosed estate or field where
With
Circumstances
I- inherent
trespass is forbidden or which belongs to another

b) that the offender enters the same
c) that the offender hunts or fishes upon the same or
gather fruits, cereals, or other forest or farm products
d) that the hunting or fishing or gathering of products
is without the consent of the owner
309: penalties Basis:
a) value of the thing stolen,
b)value and nature of the property taken
c) the circumstances or causes that impelled the culprit to commit the crime
310: qualified theft 1. Committed by a domestic servant;
2. Committed with grave abuse of confidence;
3. The property stolen is a motor vehicle, mail
matter, or large cattle;
4. The property stolen consists of coconuts taken
from the premises of a plantation;
5. The property stolen is fish taken from a
fishpond or fishery; or
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident, or civil disturbance.
Elements: abuse of confidence
Taking of personal property
Said property belongs to another
Said property done with intent to gain
That it be done without owners consent
That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things
That it be done with grave abuse of confidence
RA 6539 Anti-carnapping Act of 1972
With
Circumstances
I- inherent
On carnapping and theft of motor vehicle
The taking with intent to gain of a motor vehicle belonging to another, without the latters consent, or by means of violence or intimidation of persons, or
by using force upon things is penalized as carnapping under Republic Act No. 6539 (An Act Preventing and Penalizing Carnapping), as amended.
The overt act which is being punished under this law as carnapping is also the taking of a motor vehicle under circumstances of theft or robbery. If the
motor vehicle was not taken by the offender but was delivered by the owner or the possessor to the offender, who thereafter misappropriated the same,
the crime is either qualified theft under Article 310 of the Revised Penal Code or estafa under Article 315 (b) of the Revised Penal Code.
Qualified theft of a motor vehicle is the crime if only the material or physical possession was yielded to the offender; otherwise, if juridical possession
was also yielded, the crime is estafa.
PD 533 Cattle Rustling Law of 1974
Cattle Rustling and Qualified Theft of Large Cattle The crime of cattle-rustling is defined and punished under Presidential Decree No. 533, the Anti-
Cattle Rustling law of 1974, as the taking by any means, method or scheme, of any large cattle, with or without intent to gain and whether committed with
or without violence against or intimidation of person or force upon things, so long as the taking is without the consent of the owner/breed thereof.
The crime includes the killing or taking the meat or hide of large cattle without the consent of the owner.
Since the intent to gain is not essential, the killing or destruction of large cattle, even without taking any part thereof, is not a crime of malicious mischief
but cattle-rustling.
Where the large cattle was not taken, but received by the offender from the owner/overseer thereof, the crime is not cattle-rustling; it is qualified theft of
large cattle.
Where the large cattle was received by the offender who thereafter misappropriated it, the crime is qualified theft under Article 310 if only physical or
material possession thereof was yielded to him. If both material and juridical possession thereof was yielded to him who misappropriated the large cattle,
the crime would be estafa under Article 315 (1b).
Presidential Decree No. 533 is not a special law in the context of Article 10 of the Revised Penal Code. It merely modified the penalties
provided for theft of large cattle under the Revised Penal Code and amended Article 309 and 310. This is explicit from Section 10 of the
Presidential Decree. Consequently, the trial court should not have convicted the accused of frustrated murder separately from cattle-rustling, since the
With
Circumstances
I- inherent
former should have been absorbed by cattle-rustling as killing was a result of or on the occasion of cattle-rustling. It should only be an aggravating
circumstance. But because the information did not allege the injury, the same can no longer be appreciated; the crime should, therefore be only, simple
cattle-rustling. (People v. Martinada, February 13, 1991)
PD 534 Law on Illegal Fishing

* check SBC mem aid
PD 581 Highgrading or theft of gold
* check SBC mem aid
PD 1612 Anti-fencing Law
* check SBC mem aid
Fencing under Presidential Decree No. 1612 is a distinct crime from theft and robbery.
If the participant who profited is being prosecuted with person who robbed, the person is prosecuted as an accessory.
If he is being prosecuted separately, the person who partook of the proceeds is liable for fencing.
PD 401 Penalizing the unauthorized installation of water, electrical or telephone connections, the use of tampered water of electrical maters, and other acts.
* check SBC mem aid
PD 330 Penalizing Timber Smuggling or Illegal Cutting of Lods from Public Forests and Forests Reserves as Qualified Theft
PD 705 Forestry Reform Code of the Philippines
* check SBC mem aid
311: theft of the Regardless of value Committed with abuse of Penalty for qualified
property of the confidence theft shall be imposed
National Library and
National Museum
Chapter Four
Usurpation
312: occupation of Offender takes possession of any real property or

Real Property of usurps any real rights in property
Usurpation of Real That the real property or real rights belong to Public agri land including PD 947
Rights in Property another public lands granted to priv
With
Circumstances
I- inherent
indvl
That violence against or intimidation of persons is No violence or intimidation Civil liability only
used by the offender in occupying real property or
usurping real property or usurping real right in Violence or intimidation came Not Art 312
property subsequent to entry
No violence of intimidation Malicious mischief

and no intent to gain
There is intent to gain none Coercion
Urban Devt and On squatting
Housing Act According to the Urban Development and Housing Act, the following are squatters:
1. Those who have the capacity or means to pay rent or for legitimate housing but are squatting anyway;
2. Also the persons who were awarded lots but sold or lease them out;
3. Intruders of lands reserved for socialized housing, pre-empting possession by occupying the same.
313: Altering That there be boundary marks or monuments of towns,
Boundaries or provinces, or estates, or any other marks intended to
Landmark designate the boundaries of the same
That the offender alters said boundary marks
Chapter Five
Culpable Insolvency
314: Fraudulent Offender is a debtor, that is , he has obligation due No judicial declaration of Still 314
Insolvency and demandable insolvency
That he absconds with his property Personal or real Art 314
That there be prejudice to his creditors
Chapter Six
Swindling and other Deceits
With
Circumstances
I- inherent
315: swindling/ Accused defrauded another by abuse or confidence

estafa or by means of deceit
That damage or prejudice capable of pecuniary Temporary prejudice Still 315
estimation is caused to the offended party or third
persons Mere negligence in allowing Not estafa
another to benefit from the
transaction
A.1. Unfaithfulness a) That the offender has an onerous obligation to
deliver something of value
b) That he alters its substance, quantity or quality
c) That damage or prejudice capable of pecuniary
estimation is caused to the offended party or 3rd
persons
A.2 Abuse of 1. That money, goods, or other personal property be Material possession + Theft
Confidence a) received by the offender in trust, Misappropriation
b) or on commission or for administration ,
c) or under any other obligation involving the duty to Juridical possession + MP + M Estafa
make delivery of, or to return the same
2. There be Ownership + JP + MP + M NO crime. Mere civil
a) misappropriation or liability.
b) conversion or Novation after estafa Crim not extinguished
c) denial Novation before estafa No crim liab
is to the prejudice of another
3. That there is demand made by the offended party No demand but there is Still 315 by B
to the offender evidence of misappropriation
B. Fictitious Name/ 1) By using fictitious name Elements of illegal recruitment RA 8042
false pretense/ other 2) By falsely pretending to possess
means a) power
b) influence
c) qualifications
With
Circumstances
I- inherent
d) property
e) credit
f) agency
g) business or imaginary transaction
3) By means of other similar deceits
C. Altering quality,
fineness, weight of
anything pertaining to
his art or business
D. Pretending to Commits defamation In addition slander, libel
bribed the govt
If money was indeed given Corruption of public officer/s
E. checks a) Offender postdated a check, OR issued a check in
payment of an obligation Check issued simultaneous with Estafa
transaction
b) That such postdating or issuing a check was done
when the offender had not funds in the bank, or his Check issued for a pre- Civil obligation
funds deposited therein were not sufficient to cover existing obligation
the amount of the check
Issued only as security but not No estafa
encashed
F. establishments 1. a. Obtaining food, refreshment, or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house;
b.Without paying therefor;
c.With intent to defraud the proprietor or manager.
2.a. Obtaining credit at

any of the establishments;
b. Using false pretense;
With
Circumstances
I- inherent
3.a. Abandoning or
surreptitiously removing any part of his baggage in
the establishment;
b. After obtaining credit, food, refreshment,
accommodation;
c. Without paying.
G. Fraudulent Means: a) offender induced the offended party to sign a Willingly signed but there is Falsification
inducing to sign document deceit as to contents of docu
b) that deceit be employed to make him sign the
document Accused made representation Estafa
c) that the offended party personally signed the as to mislead that complainant
document as to the char of the docu
d) that prejudiced be caused
H. Fraudulent Means:
gambling
I. Removing a) that there be a court record, office files, Offender is a public officer Infidelity in custody of
concealing, documentary or any other papers who is officially entrusted with document
destroying documents b) that the offender removed, concealed, or the document
destroyed any of them
c) that the offender had intent to defraud another
BP 22 Bouncing Checks Law
How violated
A.1.A person makes or draws and issues any check;
2. The check is made or drawn and issued to apply on account or for value;
Thus, it can apply to pre-existing obligations, too.
With
Circumstances
I- inherent
3. The person who makes or draws and issued 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;
1. 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 drawer, without any valid reason, ordered the bank to stop payment.
B.1.A person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check;
2.He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within 90 days from the date appearing;
3.The check is dishonored by the drawee bank.
Distinction between estafa under Article 315 (2) (d) of the Revised Penal Code and violation of Batas Pambansa Blg. 22:
(1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22, there is criminal liability if the check is drawn for non-pre-existing obligation.
If the check is drawn for a pre-existing obligation, there is criminal liability only under Batas Pambansa Blg. 22.
(2) Estafa under Article 315 (2) (d) is a crime against property while Batas Pambansa Blg. 22 is a crime against public interest. The gravamen for the
former is the deceit employed, while in the latter, it is the issuance of the check. Hence, there is no double jeopardy.
(3) In the estafa under Article 315 (2) (d), deceit and damage are material, while in Batas Pambansa Blg. 22, they are immaterial.
(4) In estafa under Article 315 (2) (d), knowledge by the drawer of insufficient funds is not required, while in Batas Pambansa Blg. 22, knowledge by the
drawer of insufficient funds is required.
When is there prima facie evidence of knowledge of insufficient funds?
There is a prima facie evidence of knowledge of insufficient funds when the check was presented within 90 days from the date appearing on the check and
was dishonored.
Exceptions
With
Circumstances
I- inherent
1. When the check was presented after 90 days from date;
2. When the maker or drawer --

a. Pays the holder of the check the amount due within five banking days after receiving notice that such check has not been paid by the drawee;
b. Makes arrangements for payment in full by the drawee of such check within five banking days after notice of non-payment
The drawee must cause to be written or stamped in plain language the reason for the dishonor.
If the drawee bank received an order of stop-payment from the drawer with no reason, it must be stated that the funds are insufficient to be prosecuted
here.
The unpaid or dishonored check with the stamped information re: refusal to pay is prima facie evidence of (1) the making or issuance of the check; (2) the
due presentment to the drawee for payment & the dishonor thereof; and (3) the fact that the check was properly dishonored for the reason stamped on the
check.
316: other forms of Under paragraph 1 By conveying, selling,
swindling encumbering, or mortgaging any real
property, pretending to be the owner of the
same
Elements
1. There is an immovable, such as a parcel of land or
a building;
2. Offender who is not the owner represents himself
as the owner thereof;
3. Offender executes an act of ownership such as
selling, leasing, encumbering or mortgaging
the real property;
4. The act is made to the prejudice to the owner
or a third person.
Under paragraph 2 by disposing of real property
as free from encumbrance, although such
encumbrance be not recorded
With
Circumstances
I- inherent
Elements
1. The thing disposed is a real property:
2. Offender knew that the real property was
encumbered, whether the encumbrance is recorded or
not;
3. There must be express representation by offender
that the real property is free from encumbrance;
4. The act of disposing of the real property is made
to the damage of another.
Under paragraph 3 by wrongfully taking by the

owner of his personal property from its lawful
possessor
Elements
1.Offender is the owner of personal property;
2.Said personal property is in the lawful possession of
another;
3. Offender wrongfully takes it from its lawful
possessor;
4.Prejudice is thereby caused to the possessor or third
person.
Under paragraph 4 by executing any fictitious

contract to the prejudice of another
Under paragraph 5 by accepting any compensation
for services not rendered or for labor not performed
Under paragraph 6 by selling, mortgaging or
encumbering real property or properties with which Mere intent Not sufficient
With
Circumstances
I- inherent
the offender guaranteed the fulfillment of his

obligation as surety
Elements
1. Offender is a surety in a bond given in a criminal
or civil action;
2.He guaranteed the fulfillment of such obligation
with his real property or properties;
3.He sells, mortgages, or in any manner encumbers
said real property;
4.Such sale, mortgage or encumbrance is without
express authority from the court, or made before the
cancellation of his bond, or before being relieved
from the obligation contracted by him.
317: swindling a That the offender takes advantage of the
minor inexperience or emotions or feelings of a minor
That he induces such minor to assume an obligation or
to give release or to execute a transfer of any
property right
That the consideration is some loan of money, credit, If real property Art 318
or other personal property
That the transactions is to the detriment of such minor
318: other deceits Acts punished:
a) be defrauding or damaging another by any other
deceit not mentioned in the preceding articles
b) by interpreting dreams, by making forecasts,

telling fortunes, by taking advantage of the credulity
of the public in any other manner, for profit of gain
RA 8484 Acces devices regulation act of 1998
With
Circumstances
I- inherent
* check SBC mem aid
Chapter Seven
Chattel Mortgage
319: removal, sale or First: Knowingly removing any personal property If the gee elected too file a No art 319 (1)
pledge or mortgaged mortgaged under the Chattel Mortgage law to any suit for collection, not
property province or city other than the one in which it was foreclosure, thereby
located at the time of execution of the mortgage, abandoning the mortgage as
without the written consent of the mortgagee or his basis for relief, the removal of
executors, administrators or assigns; the property
Elements:
1. Personal property is mortgaged under the Chattel

Mortgage Law;
2. Offender knows that such property is so
mortgaged;
3. Offender removes such mortgaged personal
property to any province or city other than the one in
which it was located at the time of the execution of
the mortgage;
4. The removal is permanent;
5. There is no written consent of the mortgagee or his
executors, administrators or assigns to such removal.
Second: Selling or pledging personal property No damage Still 319 (2)
already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the
With
Circumstances
I- inherent
office of the register of deeds of the province where

such property is located.
Elements:
1.Personal property is already pledged under the
terms of the Chattel Mortgage Law;
2.Offender, who is the mortgagor of such property,
sells or pledges the same or any part thereof;
3.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.
Chapter Eight
Arson and Other Crimes involving Destructions
Kinds of arson
1. Arson, under Section 1 of Presidential Decree No. 1613;
2. Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659;
3. Other cases of arson, under Section 3 of Presidential Decree No. 1613.
Section 1, PD 1613: When any person burns or sets fire to the property of
Arson which another, or his own property under the Special AC:
circumstances which expose danger the life or a) committed with
property of another. intent to gain
320: Destructive Committed by 2 or more persons, regardless of
Arson whether their purpose is merely to burn or detroy the b) committed for the
building or the burning merely constitutes an overt act benefit of another
in the commission of another violation of the law
When any person shall burn: c) if the offender is
a) any arsenal, shipyard, storehouse, or military motivated by spite
power or fireworks factory, ordinance, storehouse, or hatred towards
With
Circumstances
I- inherent
archives, or general museum of the govt the owner or

b) in an inhabited place, any storehouse or factory of occupant of the
inflammable or explosive materials property burned
Sec 3, PD 1613: Burning:
Other cases of Arson a) any building used as offices of the govt or any of d) committed by a
its agencies syndicate- planned
b) any inhabited house or dwelling or carried out by 3
c) any industrial establishment, shipyard, oil well or or more persons
mine shaft, platform or tunnel
d) any plantation, farm, pasture land, growing crop,
grain field, orchard, bamboo grove or forest;
e) any rice mill, sugar mill, cane mill, mill central
f) any railway or bus station, airport, wharf, or
warehouse
Chapter Nine
Malicious Mischief
327: Malicious Offender deliberately caused damage to the

Mischief property of another
That such act does not constitute arson or other crimes
involving destruction
That the act of damaging anothers property be No malice Only civil liability
committed merely for the sake of damaging it. Acted
through hate, revenge, evil motive. With intent to gain Theft ( 308 (2))
328: special cases of 1) causing damage to obstruct the performance of With public and tumultuous Sedition
malicious mischief public functions uprising
2) using poisonous or corrosive substances
Qualified Malicious 3) spreading any infection or contagion among cattle
Mischief 4) causing damage to the property of the National
With
Circumstances
I- inherent
Museum or Library, or to any archive or registry,

waterworks, road, promenade, or any other thing
used in common by the public.
329: other mischiefs Basis: value of the damaged caused
330: Damage and Any person who shall damage any railway, telegraph Damage shall result in the Qualified Art 330
obstruction to means or telephone lines (tt pertains to railways) derailment of cars, collision or
of communication other accident
331: destroying or 1) Any person who shall destroy or damage statutes or any other useful or ornamental public monuments
damaging statutes,
public monuments or 2) any person who shall destroy or damage any useful or ornamental painting of public nature.
paintings
Chapter Ten
Exemption from Criminal Liability in Crimes against Property
332: Persons exempt Crimes involved in the exemption

from criminal liability 1. Theft;
2. Estafa; and
3. Malicious mischief.
Persons exempted from criminal liability

1. Spouse, ascendants and descendants, or relatives by affinity in the same line;
2. Widowed spouse with respect to the property which 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.
Only the relatives enumerated incur no liability if the crime relates to theft (not robbery), swindling, and malicious mischief. Third parties who participate
are not exempt. The relationship between the spouses is not limited to legally married couples; the provision applies to live-in partners.
Estafa should not be complexed with any other crime in order for exemption to operate.
With
Circumstances
I- inherent
No criminal but only civil liability.
Title Eleven
Crimes Against Chastity
Chapter One
Adultery and Concubinage
333: Adultery Woman is married Marriage subsequently Art 333 No crime of MC- abandoned by
declared void (valid till frustrated sps without
voided) adultery justification
That she has sexual intercourse with a man not her Paramour/wife dead No bar to Art 333 to
husband wife/man Husband is also
That as regards the man with whom she has sexual Pardon before institution Extinguish unfaithful
intercourse, he must know her to be married. Pardon after institution No effect
Pardon one of them Not effect
Pardon both Extinguish
Implied pardon Extinguish
Consent Bar
334: Concubinage The man is married
He committed any of the acts:
a) keeping a mistress in the conjugal dwelling
b) having sexual intercourse under scandalous
circumstances with a woman who is not his wife ( can
be merely inferred)
c) cohabiting with her in any other place ( as H & W)
RA 9995 Anti-Photo and Video voyeurism Act
* check SBC mem aid
Chapter Two
With
Circumstances
I- inherent
Acts of Lasciviousness
336: Acts of That offender commits any act of lasciviousness or There is no

lasciviousness lewdness attempted and
That the act of lasciviousness is committed against a frustrated acts
person of either sex of
That it is done under any of the following Absent any Unjust vexation lasciviousness
circumstances:
a) by using force or intimidation With intent to rape but was Attempted rape
b) offended party is deprived of reason or otherwise only able to commit
unconscious preparatory acts
c) by means of fraudulent machination or grave abuse
of authority Exactly 12yo Still 336
d) when the offended party is under 12 yo or is
demented
Chapter Three
Seduction, Corruption of Minors, and White Slave Trade
337: qualified First: Seduction of a virgin over 12 years and under No sex only lewd designs Art 339
seduction 18 years of age by certain persons, such as a person
in authority, priest, teacher; and Girl gave consent
Elements Under these: Still 337

1. Offended party is a virgin (physical virginity), a) by using force, threat, or
which is presumed if she is unmarried and of good intimidation Rape by sexual
reputation; b) when the woman is intercourse
2. She is over 12 and under 18 years of age; deprived of reason or
3. Offender has sexual intercourse with her; otherwise unconscious
4. There is abuse of authority, confidence or c) By means of fraudulent
With
Circumstances
I- inherent
relationship on the part of the offender. machinations or grave abuse

of authority
d) when the woman is under
12 yo or demented
Second: Incest illegitimate Still 337
Seduction of a sister by her brother, or descendant

by her ascendant, regardless of her age or
reputation
338: Simple Offended party is over 12 and under 18 yo
Seduction She must be of good reputation, single or widow Not a virgin Still 338
Offender has sexual intercourse with her
It is committed by means of deceit useless Abuse of confidence or relp ART 337
339: Acts of Offender commits acts of lasciviousness or lewdness
Lasciviousness with the The acts are committed upon a woman who is a virgin Upon a male Acts of lasciviousness
consent of the or single or a widow of good reputation, under 18 yo
offended party but over 12yo, OR a sister or descendant regardless
of her reputation or age
That the offender accomplishes the acts by abuse of
authority, confidence, relp, or deceit.
RA 7877 Anti-Sexual Harassment Act
Committed by any person having authority, influence or moral ascendancy over another in a work, training or education environment when he or she
demands, requests, or otherwise requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is
accepted by the object of the said act (for a passing grade, or granting of scholarship or honors, or payment of a stipend, allowances, benefits,
considerations; favorable compensation terms, conditions, promotions or when the refusal to do so results in a detrimental consequence for the victim).
Also holds liable any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission, the head of the
office, educational or training institution solidarily.
With
Circumstances
I- inherent
Complaints to be handled by a committee on decorum, which shall be determined by rules and regulations on such.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
340: Corruption of Note: RA 7610. Section 5.
minors
Child prostitution and other Sexual Abuse- children (male of female), who for money profit, or other consideration or due to the coercion, influence of any
syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.
*read SBC mem aid

341: White Slave Prohibited Acts: Single act Corruption of minors
Trade 1) engaging in the business of prostitution Profit and habituality
2) profiting by prostitution Profit and habituality
3) enlisting the services of women for the purpose of Habituality
prostitution.
Chapter Four: Abduction
342: Forcible That the person abducted is a woman; regardless of Under 12 yo ALWAYS Forcible Attempted rape is
Abduction her age, civil status, or reputation abduction absorbed by
Abduction is against her will forcible abduction as
That abduction is with lewd design No lewd design Grave coercion/ the former constitutes
kidnapping the element of lewd
design.
343: consented Offended party is a virgin
abduction She must be over 12 and under 18 yo
Taking away of the offended party must be with the
consent after solicitation or cajolery from the offender
That the taking away of the offended party must be
with lewd designs
With
Circumstances
I- inherent
Chapter Five: Provisions relation to the preceding chapters of title eleven
344- 346 * read SBC mem aid
Title Twelve
Crimes Against the Civil Status of Persons
Chapter One:
Simulation of Births and Usurpation of Civil Status
347: simulation of Acts punished:

births, substitution of 1. Simulation of births; Person who simulates birth and Principal in 347
one child for another, 2. Substitution of one child for another; person who provides child
and concealment or 3. Concealing or abandoning any legitimate child
abandonment of a with intent to cause such child to lose its civil status. Father sells child PD 603 art 59 (3)
legitimate child
Engaged in trading and Child trafficking RA
dealing with children 7610 (sec7)
Purpose: to avoid the obli of Abandionng a Minor

rearing and caring for the
child
348: Usurpation of Committed by assuming the filiations, or the parental committed with intent defraud Qualified 348
Civil Status or conjugal rights of another with intent to enjoy the offended parties and their
rights arising from the civil status of the latter. heirs.
Purpose is not to enjoy rights Art 178, using fictitious
arising from civil status of name
another
Purpose is not to enjoy rights Estafa

With
Circumstances
I- inherent
arising from civil status of

another and defraud 3rd
persons
Chapter Two: Illegal Marriages
349: Bigamy Offender is legally married 1st mar is void or voidable Still 349
and no judicial declaration
Death of 1st sps during Does not extinguish

pendency of bigamy crime
proceedings
2nd sps who knew of 1st Accomplice

marriage
Person who vouched for the Accomplice

capacity of either of the
contracting parties
Marriage has not been dissolved or, in case the
spouse is absent the absent spouse could not yet be
presumed dead accdg to the Civil Code
That he contracts a second or subsequent marriage
That the second or subsequent marriage has all the
essential requisites of a valid marriage
350: Marriage Offender contracted marriage
contracted against That he knew at the time that Offender liable of bigamy Art 349
the provisions of law a) the requirements of the law were not complied with
b) marriage was in disregard of a legal impediment Consent of either was Qualified 350
obtained by means of
With
Circumstances
I- inherent
violence, intimidation, fraud

351: premature Persons liable
marriages 1. A widow who is married within 301 days from the 1st husband who died was No crime
date of the death of her husband, or before having impotent and married within
delivered if she is pregnant at the time of his death; 301 days
2. A woman who, her marriage having been annulled

or dissolved, married before her delivery or before
the expiration of the period of 301 days after the
date of the legal separation.
352: performance of Priests or ministers of any religion or civil authorities Not authorized to solemnize Art 177, usurpation of
illegal marriages who shall perform or authorize any illegal marriage authority or public
ceremony shall be punished under marriage Law function
Title Thirteen
Crimes against Honor
Chapter One
Libel
Section One: Definitions, Forms, and Punishment of the Crime
353: Libel There must be an imputation of a crime, or a vice, or Criminal intention Not libel
defect, real or imaginary, or any act, omission,
condition, status, circumstance Opinion by person affected Not libel
by an act and based on
actual fact
That the imputation must be made publicly
It must be malicious
That the imputation must be directed at a natural Different occasions + directed # persons= # crimes
With
Circumstances
I- inherent
person or a juridical person, or one who is dead to diff persons
Single occasion + directed in No crime

a class + general terms + no
particular person
Single occasion + applies to Separate actions

all persons/ group + can
prove specifically directed to
him
Single Article + several # persons= # crimes

identifiable victims
That the imputation must tend to cause the dishonor,

discredit, or contempt of the person defamed
354: requirement of PRESUMTION: every defamatory imputation is presumed to be malicious, EVEN IF IT BE TRUE
publicity REBUTTED:
a) defamatory imputation is true, in case the law allows proof to the truth of the imputation
b) it is published with good intention
c) there is a justifiable motive for making it
Malice is not presumed in cases involving qualified privilege communication.

RA 4200 Anti-wire Tapping Act
355: libel by means 1. Writing; Through amplifier system Slander
of writing or similar 2. Printing;
means 3. Lithography; Made in the heat of passion + Serious threats
4. Engraving; threat
5. Radio;
6. Photograph;
With
Circumstances
I- inherent
7. Painting;
8. Theatrical exhibition;
9. Cinematographic exhibition; or
10. Any similar means.
356: threatening to Form or Blackmail
publish and offer to Acts punished
prevent such 1. Threatening another to publish a libel concerning
publication for a him, or his parents, spouse, child, or other members of
compensation his family;
2. Offering to prevent the publication of such libel for
compensation or money consideration.
357: Prohibited Offender is a reporter, editor, or manager of a RA 1477:
Publication of Acts newspaper, daily or magazine reporter cannot
referred to in the He publishes facts connected with the private life of be compelled
course of official another to reveal
proceedings Such facts are offensive to the honor, virtue, and informant
reputation of said person unless Congress
Aka. GAG Law demands it for
state security
358: Slander ( oral Not heard by offended Still 358
defamation)
Not serious and insulting Simple slander
Otherwise Grave slander
Gossiping + defamatory Slander

Gossiping + not defamatory Intriguing against honor
In gf and reply + without Self defense

malice
359: Slander by Offender performs any act not included in any other Not serious and insulting Simple slander by deed
With
Circumstances
I- inherent
deed crime against honor Otherwise Grave slander by deed

That such act is performed in the presence of other
persons
That such act casts dishonor, discredit, or contempt No intent to dishonor Art 226, Maltreatment
upon the offended party by deed
To irritate or annoy only Unjust Vexation
Section Two: General Provisions
360: persons liable 1) person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means
for libel 2) the author or editor of a book or pamphlet
3) the editor or business manager of a daily newspaper magazine or serial publication
4) the owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection
with its publication
361: proof of truth When admissible in a charge for libel:
1) when the act or omission imputed constitutes a crime regardless or whether the offended party is a private individual or a pub off
2) when the offended party is a govt employee, even if the imputation does not constitute a crime provided it is related to the discharge of his official
duties
362: libelous remarks Libelous remarks or comments connected with the matter privilege under art 354, if made with malide, shall not exempt the author thereof not the editor or
managing editor of a newspaper from criminal liability
Chapter Two: Incriminatory Machinations
363: incriminating Offender performs an act

innocent persons That by such act he directly incriminates or imputes to gives false statement before perjury
an innocent person the commission of a crime an officer
That such act does not constitute perjury
364: Intriguing Committed by any person who shall make any Source know + public and Defamation
against Honor intrigue which has for its principal purpose to blemish malicious + facts claimed true
the honor or reputation of another
With
Circumstances
I- inherent
Title Fourteen
Quasi- Offenses
Sole Chapter: Criminal Negligence
365: imprudence and Quasi-offenses punished Lack of precaution displayed MC and AC relative
negligence in which the damage to Art 64 is not
1. Committing through reckless imprudence any act impending to be caused is not applicable.
which, had it been intentional, would constitute a immediate nor the danger
grave or less grave felony or light felony; clearly manifest. MC: contributory
negligence.
2. Committing through simple imprudence or Last clear chance Liable
negligence an act which would otherwise constitute a Qualifying
grave or a less serious felony; Emergency rule Not liable Circumstance failing
to lend on the spot
3. Causing damage to the property of another Many injured/ deaths One offense only help to victims of his
through reckless imprudence or simple imprudence or act of negligence.
negligence;
4. Causing through simple imprudence or negligence

some wrong which, if done maliciously, would have
constituted a light felony.
Reckless Imprudence:
a) offender does or fails to do an act
b) that the doing of or failure to do that act is
voluntary
c) that it be without malice
d) material damage results
With
Circumstances
I- inherent
e) that there is inexcusable lack of precaution on the

part of the person performing or failing to perform
such act taking into consideration:
- employment or occupation
- degree of intelligence, physical condition
- other circumstances regarding persons, time and
place
END OHHlala! ;)
Dedicated to all my friends who will take the 2014 bar exams!

Ohhlala Crim2 Notes

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CRIMES under the RPC and Special Laws

Elements. Punishable acts. simplified

BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

Section One: Treason and Espionage

116: Proposal to Committed during time of war

Section Two: Provoking War and Disloyalty

That he discloses their contents to a representative of Beauty contestant of a Foreign Espionage

Laws of the Nations

118: inciting to war

Offender intended to give aid Treason

122: Piracy in the

1. by attacking or seizing a vessel on the high seas or

Four situations governed by anti hi-jacking law:

Section One: Arbitrary Detention and Expulsion

Alien expelled by the No crime

Court by final judgment order No crime

Offender is not authorized to do so by law

Section Two: Violation of Domicile

Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings

Private individual Art 153: tumults

authorities for the correction of abuses or redress of

Section Four: Crimes Against Religious Worship

132: interruption of He is a public officer or employee

134: rebellion/ Absorbs crimes

b) depriving the president or congress, wholly or If judiciary Sedition

e. Article 267 (Kidnapping and Serious Illegal Detention);

1. failing to resist rebellion by all means in their

person or the govt of all its property or any part

2 and 3 punishable when:

Section One: Crimes against Legislative Bodies and Similar Bodies

143: acts tending to Complexed

Section Two: Violation of Parliamentary Immunity

145: violation of 2 acts punished:

a) that the offender is a public officer or employee

146: Illegal 2 kinds of illegal assemblies:

PIA or APA is suspended Coercion or PI

offended: PIA or APA or private individual Injured:

PIA: serious OR not serious injuries

5. By inducing disobedience to a summons or refusal to be sworn by any such body or official.

154: unlawful use of Acts punished

155: alarms and Acts punished

2. Instigating or taking an active part in any During fiesta No crime

3. Disturbing the public peace while wandering

4. Causing any disturbance or scandal in public Disturbance is serious Art 153

COMMITTED THROUGH (Art 212) and Art 156

157: evasion of Offender is a convict by final judgment

3. By using picklock, false

4. Through connivance with

158: evasion of That the offender is a convict by the final judgment ,

161: counterfeiting Acts punished:

Section Two: Counterfeiting Coins

coins, he connived with the counterfeiters or importers

2.Importing or uttering such mutilated coins, with the

165: Selling of false Acts punished

2. Actually uttering such false or mutilated coin, Note:

166: Forging treasury Acts punished: Falsification of PNB checks Falsification of

2. By erasing, substituting, counterfeiting, or altering

"(4) Plunder under Republic Act No. 7080, as amended;

made by such person/s.

in such a copy a statement contrary does not take advantage of

8. Intercalating any instrument or

172: falsification by Acts punished:

a) introducing in a judicial proceeding

b) Use in other transactions