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Criminal Law II: Table of Elements

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY

SECTION ONE: TREASON AND ESPIONAGE

ART. 114 TREASON ART 115. CONSPIRACY & ART 116. MISPRISION OF ART 117. ESPIONAGE
PROPOSAL TREASON
1. That the offender owes TO COMMIT TREASON 1. By entering, without
allegiance to the 1. That the offender is a citizen authority, a warship, fort, or
Government of the 1. Conspiracy to commit of the Philippines; military or naval
Philippines; (a Filipino citizen treason committed when establishment or reservation
or Resident alien) in time of war, two or more 2. That he has knowledge of to obtain any information,
2. There is a war in which the persons come to an any conspiracy against the plan or other data of
Philippines is involved agreement to levy war Government; confidential nature relative to
3. The offender either (modes against the Government or the defense of the
of committing): to adhere to the enemies 3. That the conspiracy is one to Philippines
a. Levies war against the and to give them aid or commit treason;
government comfort, and decide to 2. By disclosing to the
b. Adheres to the enemies, commit it (Arts. 8 and 114) 4. That he conceals or does not representative of a foreign
giving them aid or disclose and make known nation the contents of the
comfort. 2. Proposal to commit treason the same as soon as articles, data or information
committed when in time of possible to the proper referred to in the preceding
war a person has decided authority paragraph, which he had in
to levy war against the his possession by reason of
Government or to adhere to the public office he holds.
the enemies and to give
them aid or comfort,
proposes its execution to
some other person or
persons (Arts. 8 and 114)
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR SECTION THREE: PIRACY AND
MUTINY ON THE HIGH SEAS
ART. 118 INCITING TO WAR ART. 119 VIOLATION OF ART 120. CORRES- ART 121. FLIGHT TO
OR GIVING MOTIVES FOR NEUTRALITY PONDENCE WITH HOSTILE ENEMYS COUNTRY ARTICLE 122. PIRACY IN
REPRISALS COUNTRY GENERAL AND MUTINY
1. That there is a war in which 1. That there is a war in ON THE HIGH SEAS
1. That the offender performs the Philippines is not 1. That it is made in time of which the Philippines is
unlawful or unauthorized acts; involved; war in which the Philippines is involved; Two ways or modes of committing
involved; piracy:
2. That such acts provoke or 2. A regulation issued by a 2. Offender owes allegiance
give occasion for: competent authority for the 2. That the offender makes to the Government; 1. By attacking or seizing a vessel
a. A war involving or liable to purpose of enforcing correspondence with the: on the high seas or in Philippine
involve the Philippines; or neutrality; a. Enemy country or 3. Offender attempts to flee waters;
b. Expose Filipino citizens to b. Territory occupied by the or go to the enemy
reprisals on their persons 3. That the offender violates enemy troops; country; 2. By seizing in the vessel while on
and property. such regulation. the high seas or in Philippine
3. That the correspondence is 4. That going to the enemy waters the whole or part of its
either: country is prohibited by cargo, its equipment or personal
a. Prohibited by the the competent authority. belongings of its complement or
Government; or passengers.
b. Carried on in ciphers or
conventional signs; or Elements of piracy:
c. If notice or information
be given enemy. 1. That a vessel is on the high seas
or on Philippine waters;

The following must concur 2. That the offenders are NOT


to qualify the offense: members of its complement or
passengers of the vessel;
1. That the notice or
information might be useful to 3. That the offenders:
the enemy;
a. Attack or seize the vessel; or
2. That the offender intended
to aid the enemy. b. Seize the whole or part of the
cargo of said vessel, its equipment
or personal belongings of its
complement or passengers.

Piracy under PD 532: Punishes


piracy committed in Philippine waters
only.

Offenders: any person (passenger,


crew or stranger)
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS TITLE II: 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
ARTICLE 123 QUALIFIED REPUBLIC ACT NO. 6235 ANTI- AGAINST RELIGIOUS WORSHIP
PIRACY HIJACKING LAW
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
Qualifying Circumstances: aircraft is in flight - from the moment
ARTICLE 124. ARBITRARY ARTICLE 125. DELAY IN THE ARTICLE 126. DELAYING
1. Whenever the offenders all exterior doors are closed following
embarkation until the same doors are DETENTION DELIVERY OF DETAINED RELEASE
have seized the vessel by PERSONS TO THE PROPER
again opened for disembarkation.
boarding or firing upon the JUDICIAL AUTHORITIES
1. That the offender is a public Three acts punished:
same;
Acts Punished officer or employee; 1. By delaying the performance of
1. Usurping or seizing control of an 1. That the offender is a public a judicial or executive order for
2. Whenever the pirates have 2. That he detains a person; officer or employee;
aircraft of Philippine registry while the release of a prisoner;
abandoned their victims
it is in flight; or compelling the
without means of saving 2. That he has detained a person
pilots thereof to change its course 3. That the detention is without 2. By unduly delaying the service
themselves; legal ground. for some legal ground
or destination; Note: When the of the notice of such order to
aircraft is not in flight, the said prisoner;
3. Whenever the crime is 3. That he fails to deliver such
usurpation or seizure of the Legal grounds for the
accompanied by murder, detention of persons: person to the proper judicial
aircraft may amount to coercion 3. By unduly delaying the
homicide, physical injuries, authorities within:
or threat. When death results, the proceedings upon any petition
or rape.
crime is homicide or murder, as 1. The commission of a crime; for the liberation of such person.
the case may be. or 12 hrs. for light penalties or
. 2. Violent insanity or other their equivalent. Elements:
2. Usurping or seizing control of an ailment requiring
Qualified Mutiny: When the compulsory confinement of
aircraft of foreign registry, while 18 hrs. for correctional 1. That the offender is a public
second or the third the patient in a hospital
within Philippine territory, or penalties or their equivalent. officer or employee;
circumstance accompanies the
crime of mutiny mentioned compelling the pilots thereof to
land in any part of Philippine 36 hrs. for afflictive penalties 2. That there is a judicial or
under Art. 122, mutiny is then
territory; or their equivalent executive order for the release
qualified. First circumstance
of a prisoner or detention
may not qualify the crime of
3. Carrying or loading on board an prisoner, or that there is a
mutiny.
aircraft operating as a public proceeding upon a petition for
utility passenger aircraft in the the liberation of such person;
Philippines flammable, corrosive,
substances, explosive or 3. That the offender without good
poisonous Note on R.A. 6235: reason delays either:
Aggravating circ. to nos. 1 and2
1. When the offender has fired a. The service of the notice of
4. Loading, shipping, or transporting upon the pilot, member of the
on board a cargo aircraft such order to the prisoner;
crew, or passenger of the
operating as a public utility in the aircraft;
Philippines, flammable, corrosive, 2. When the offender has b. The performance of such
or poisonous substance if not exploded or attempted to judicial or executive order for
done in accordance with the rules explode any bomb or explosive the release of the prisoner; or
to destroy the aircraft;
and regulations of the Air
3. Whenever the crime is c. The proceedings upon a
Transportation Office. accompanied by murder, petition for the release of
homicide, serious physical
such person.
injuries or rape;
SECTION TWO: VIOLATION OF DOMICILE SECTION THREE: PROHIBITION,
INTERRUPTION, AND DISSOLUTION
ARTICLE 127. EXPULSION ARTICLE 128 VIOLATION OF ARTICLE 129. ARTICLE 130 SEARCHING OF PEACEFUL MEETINGS
DOMICILE SEARCH WARRANTS DOMICILE WITHOUT
Two acts punished: MALICIOUSLY OBTAINED WITNESSES ARTICLE 131 PROHIBITION, INTERRUPTION,
Acts Punished AND ABUSE IN THE & DISSOLUTION OF PEACEFUL MEETINGS
1. By expelling a person from SERVICE OF THOSE 1. That the offender is a public
the Philippines; 1. By entering any dwelling LEGALLY OBTAINED officer or employee; Acts Punished:
against the will of the owner
2. By compelling a person to thereof; Acts Punished: 2. That he searches the 1. Prohibiting, interrupting or dissolving without
change his residence. domicile, papers or other legal ground the holding of a peaceful
2. By searching papers or other 1. Procuring a search warrant belongings of any person; meeting;
Elements: effects found therein without without just cause
the previous consent of such 3. That he is armed with a 2. Hindering any person from joining any lawful
1. That the offender is a public owner; Elements: warrant; association or from attending any of its
officer or employee; meetings;
3. By refusing to leave the a. That the offender is a 4. That the owner or any
2. That he expels any person premises, after having public officer or member of his family or two 3. Prohibiting or hindering any person from
from the Philippines, or surreptitiously entered said employee; witnesses residing in the addressing, either alone or together with
compels a person to change dwelling and after having same locality are not others, any petition to the authorities for the
his residence; been required to leave the b. That he procures a present. correction of abuses or redress of grievances.
same. search warrant;
Common elements:
3. That the offender is not
Common elements: c. That there is no just
authorized to do so by law.
cause. 1. That the offender is a public officer;
1. That the offender is public
Exception: (no expulsion) in
officer or employee; 2. Exceeding his authority or 2. That he performs any of the acts mentioned
cases of ejectment,
by using unnecessary severity above
expropriation or when the
2. That he is not authorized by in executing a search warrant
penalty of destierro is
judicial order to enter the legally procured
imposed.
dwelling and/ or to make a
search for papers and for Elements: ARTICLE 132. INTERRUP-TION OF
other effects. RELIGIOUS WORSHIP
a. That the offender is a
Qualifying circumstances: public officer or 1. That the offender is a public officer or
employee; employee;
1. If committed at nighttime;
b. That he has legally 2. That religious ceremonies or manifestations of
2. If any papers or effects, not procured a search any religion are about to take place or are
constituting evidence of a warrant; going on;
crime are not returned
immediately after a search is c. That he exceeds his 3. That the offender prevents or disturbs the
made by the offender. authority or uses same
unnecessary severity in
executing the same. - Qualified by violence or threats
TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 133. OFFENDING ARTICLE 134. REBELLION/ ARTICLE 134-A. COUP ARTICLE 135. PENALTY ARTICLE 136. CONSPIRACY
RELIGIOUS FEELINGS INSURRECTION DETAT FOR REBELLION OR & PROPOSAL TO COMMIT
INSURRECTION OR COUP REBELLION, INSUR-
1. That the acts complained of 1. That there be: 1. That the offender is a DETAT RECTION OR COUP D ETAT
were performed: a. Public uprising; and person or persons
b. Taking up of arms against belonging to military or Persons liable for rebellion, 1. Conspiracy to commit
a. In a place devoted to the government. police or holding any public insurrection and/or coup detat: rebellion when two or
religious worship (not office or employment; more persons come to an
necessary that there is a 2. For the purpose of: The leaders agreement to rise publicly
religious worship); or 2. That it is committed by Any person who and take arms against the
a. Removing from the means of a swift attack, a. Promotes; Government for any of the
b. During the celebration of allegiance to said accompanied by violence, b. Maintains; or purposes of rebellion and
any religious ceremony; Government or its laws: intimidation, threat, c. Heads a rebellion or decide to commit it
strategy, or stealth; insurrection; or
2. That the acts must be i. The territory of the 2. Proposal to commit
notoriously offensive to the Philippines, or any part 3. That the attack is directed Any person who rebellion when the
feelings of the faithful. thereof; or against duly constituted a. Leads; person who has decided to
authorities of the Republic b. Directs; or rise publicly and take arms
ii. Any body of land, naval of the Philippines or any c. Commands others to against the Government for
or other armed forces; or military camp, or undertake a coup detat; any of the purposes of
installation, or rebellion proposes its
b. Depriving the Chief communication networks, The participants execution to some other
Executive or Congress, public utilities or other Any person who person or persons
wholly or partially, of any facilities needed for the 1. Participates; or
of their powers or exercise and continued 2. Executes the
prerogatives. possession of power; commands of others in
rebellion, or insurrection;
4. That the purpose of the
attack is to seize or Any person in the
diminish state power. government service who
1. Participates; or
2. Executes directions or
commands of others in
undertaking a coup detat;

Any person not in the


government service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a
coup detat.

RICARDO M. RIBO JR.


TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 137 DISLOYALTY ARTICLE 138. INCITING ARTICLE 139. SEDITION ARTICLE 140. ARTICLE 142. INCITING Elements of act no. 1:
OF PUBLIC OFFICERS/ TO REBELLION/ PENALTY FOR TO SEDITION
EMPLOYEES INSURRECTION 1. That the offenders rise: SEDITION 1. That the offender does not
a. Publicly; and Acts Punished: take direct part in the crime
Acts Punished 1. That the offender does not b. Tumultuously; Persons liable: of sedition;
take up arms or is not in 1. Inciting others to commit
1. Failing to resist a rebellion open hostility against the 2. That they employ force, 1. The leader of the sedition by means of 2. That he incites others to the
by all means in their power; Government; intimidation, or other sedition; speeches, accomplishment of any of
means outside of legal proclamations, writings, the acts which constitute
2. Continuing to discharge the 2. That he incites others to methods; 2. Other persons emblems cartoons, sedition;
duties of their office under the execution of any of the participating in the banners, or other
the control of the rebels; acts of rebellion; 3. That the offenders employ sedition. representations tending 3. That the inciting is done by
any of those means to to the same end; means of speeches,
3. Accepting appointment to 3. That the inciting is done by attain any of the following proclamations, writings,
office under the rebels. means of speeches, objects: 2. Uttering seditious words emblems, cartoons, banners,
proclamations, writings, ARTICLE 141. or speeches which tend or other representations
emblems, banners or other a. To prevent the CONSPIRACY TO to disturb the public tending to the same end.
representations promulgation or execution COMMIT SEDITION peace;
(SPWEBO) tending to the of any law or the holding of Acts nos. 2 & 3 punishable
same end any popular election; Only Conspiracy to 3. Writing, publishing, or when:
commit sedition is circulating scurrilous
b. To prevent the punishable and not libels against the 1. They tend to disturb or
government or any public proposal to commit Government or any of its obstruct any lawful officer in
officer from freely sedition. duly constituted executing the functions of his
exercising its or his authorities. office;
functions, or prevent the There must be an
execution of any agreement both to attain 4. Knowingly concealing 2. They tend to instigate others
Administrative Order; an object of sedition and such evil practices. to cabal and meet together
to rise publicly and for unlawful purposes;
c. To inflict any act of hate tumultuously.
or revenge upon the 3. They suggest or incite
person or property of any rebellious conspiracies or
public officer or employee; riots or

d. To commit, for any 4. They lead or tend to stir up


political or social end, the people against the lawful
any act of hate or revenge authorities or disturb the
against private persons or peace of the community, and
any social class; the safety and order of the
Government
e. To despoil, for any
. political or social end, any
person or the government
of all its property or any
part thereof.
CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS

SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES SECTION 2: VIOLATION OF ARTICLE 146 ILLEGAL ARTICLE 147 ILLEGAL
PARLIAMENTARY ASSEMBLIES ASSOCIATIONS
ARTICLE 143. ACTS ARTICLE IMMUNITY
TENDING TO PREVENT THE 144.DISTURBANCE OF Forms of Illegal Prohibited
MEETING OF THE PROCEEDINGS ARTICLE 145 VIOLATION Assemblies: associations:
ASSEMBLY AND SIMILAR OF PARLIAMENTARY 1. Any meeting attended 2. Any meeting in which the Association totally or
BODIES IMMUNITY by armed persons for the audience, whether armed or partially organized for:
1. That there be a meeting of purpose of committing any not, is incited to the
1. That there be a projected or Congress or any of its Acts Punished of the crimes punishable commission of the crime of 1. The purpose of
actual meeting of the committees or under the Code treason, rebellion or committing any of the
National Assembly or any of subcommittees, 1. Using force, intimidation, insurrection, sedition, or crimes punishable
its committees or constitutional commissions threats, or frauds to prevent Requisites: assault upon a person in under the Code, or
subcommittees, or committees or divisions any member from: a. That there is a meeting, authority
constitutional commissions thereof, or any provincial gathering or group of 2. Some purpose
or committees or divisions board or city or municipal a. Attending the meetings persons, whether in a Requisites: contrary to public
thereof, or of any provincial council or board; of Congress or any of fixed place or moving; morals.
board or city or municipal its subcommittees, a. That there is a meeting, a
council or board; 2. That the offender does any commissions or b. That the meeting is gathering or group of
of the following acts: divisions thereof, or attended by armed persons, whether in a fixed
2. That the offender, who may from committees or persons; place or moving;
be any person, prevents a. He disturbs any of such constitutional
such meeting by force or meetings; committees or c. That the purpose of the b. That the audiences,
fraud. meeting is to commit whether armed or not, is
b. He behaves while in the b. Expressing his any of the crimes incited to the commission of
presence of any such opinions or punishable under the the crime of treason,
bodies in such a manner Code. rebellion or insurrection,
as to interrupt its c. Casting his vote sedition or direct assault.
proceedings or to impair
the respect due it. 2. Arresting or searching any
member while Congress is in Presumptions:
session, except in cases If any person carries an
where such member has unlicensed firearm, it is
committed a crime presumed that:
punishable under the Code
by a penalty higher than 1. The purpose of the meeting
prision mayor. insofar as he is concerned is
to commit acts punishable
under the RPC, and

2. He is considered a leader or
organizer of the meeting

RICARDO M. RIBO JR.


CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

ARTICLE 152. PERSONS ARTICLE 148 DIRECT 2. Without public uprising, by ARTICLE 149 ARTICLE 150. ARTICLE 151 RESISTANCE
IN AUTHORITY & ASSAULT attacking, by employing force or INDIRECT DISOBEDIENCE TO & DISOBEDIENCE TO A
AGENTS OF PERSONS seriously intimidating or by ASSAULT SUMMONS ISSUED BY THE PERSON IN AUTHORITY OR
IN AUTHORITY Two ways to commit: seriously resisting any PA or APA, NATL ASSEMBLY, ITS THE AGENTS OF SUCH
while engaged in the performance 1. That a PA or an COMMITTEES OR PERSON
Public Officer (PO) 1. Without public uprising, of official duties, or on the occasion APA is the victim SUBCOMMITTEES, BY THE
by employing force or of such performance of any of the CONSTITUTIONAL Elements of resistance &
Any person who takes intimidation for the forms of direct COMMISSION, ITS serious disobedience:
part in the performance of attainment of any of the Elements: assault defined in COMMITTEES,
public functions in the purposes enumerated in a. That the offender: Art. 148; SUBCOMMITTEE OR 1. That a PA or his APA is
government. defining the crimes of i. Makes an attack (equivalent to DIVISIONS engaged in the performance
sedition & rebellion aggression), 2. That a person of official duty or gives a
Person in Authority (PA) ii. Employs force comes to the aid Acts punished: lawful order to the offender;
Elements: iii. Makes a serious intimidation of the APA;
Any person directly vested a. That the offender (unlawful coercion, duress, 1. Refusing, without legal 2. That the offender resists or
with jurisdiction, whether employs force or putting someone in fear, 3. That the offender excuse, to obey summons of seriously disobeys such
as an individual or as a intimidation; exertion of an influence in the makes use of Congress, or any person in authority or his
member of some court or mind which must be both force or commission or committee agent;
governmental corporation, b. That the aim of the immediate and serious), or intimidation upon chairman or member
board commission. offender is to attain iv. Makes a serious resistance (if such person authorized to summon 3. That the act of the offender
any of the purposes of not serious, crime committed coming to the aid witnesses; is not included in the
Agent of a Person in the crime of rebellion may be that under resistance of the APA. provisions of Arts. 148-150.
Authority (APA) or any of the objects and disobedience); 2. Refusing to be sworn or
of the crime of placed under affirmation Elements of simple
Any person who, by direct sedition; b. That the person assaulted is a while before such legislative disobedience:
provision of law or by person in authority or his agent; or constitutional body or
election or by appointment c. That there is no public official; 1. That an APA is engaged in
by competent authority, is uprising. c. That at the time of the assault the the performance of official
charged with the person in authority or his agent: 3. Refusing to answer any duty or gives a lawful order
maintenance of public i. Is engaged in the actual legal inquiry or to produce to the offender;
order and the protection performance of official duties, any books, papers, 2. That the offender disobeys
and security of life and or documents, or records in his such APA;
property. ii. That he is assaulted by reason possession, when required
of the past performance of his by them to do so in the 3. That such disobedience is
official duties; exercise of their functions; not of a serious nature.

d. That the offender knows that the 4. Restraining another from


one he is assaulting is a person in attending as a witness in
authority or his agent in the exercise such legislative or
of his duties; constitutional body;

e. That there is no public uprising 5. Inducing disobedience to


summons or refusal to be
sworn by any such body or
official
CHAPTER FIVE: PUBLIC DISORDER CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

ARTICLE 153 TUMULTS & ARTICLE 154 UNLAWFUL


.C
ARTICLE 155 ALARMS & ARTICLE 156 DELIVERY ARTICLE 157 ARTICLE 158 EVASION
OTHER DISTURBANCES OF USE OF MEANS OF SCANDALS OF PRISONERS FROM EVASION OF SERVICE OF OF SENTENCE ON THE
PUBLIC ORDER PUBLICATION AND JAIL SENTENCE OCCASION OF
UNLAWFUL UTTERANCES Acts punished: DISORDERS,
Acts punished: 1. That there is a person 1. That the offender is a CONFLAGRATIONS,
Acts punished: 1. Discharging any firearm, confined in a jail or convict by final judgment; EARTHQUAKES, OR
1. Causing any serious rocket, firecracker, or other penal establishment; OTHER CALAMITIES
disturbance in a public place, 1. Publishing or causing to be explosive within any town or 2. That he is serving his
office or establishment; published as news any public place, which produces 2. That the offender sentence, which consists 1. That the offender is a
false news which may alarm or danger removes such person, in deprivation of liberty; convict by final
2. Interrupting or disturbing endanger the public order, or helps the escape of judgment, and is
public performances, or cause damage to the 2. Instigating or taking an such person. 3. That he evades the confined in a penal
functions or gatherings, or interest or credit of the active part in any charivari or service of his sentence by institution;
peaceful meetings, if the act State; other disorderly meeting Committed in two ways: escaping during the term
is not included in Arts. 131- offensive to another or of his sentence. 2. That there is disorder,
132; 2. Encouraging disobedience prejudicial to public 1. By removing a prisoner resulting from:
to the law or to the tranquility confined in jail or penal Circumstances qualifying
3. Making an outcry tending to constituted authorities or by institution to take the offense: a. Conflagration,
incite rebellion or sedition in praising, justifying or 3. Disturbing the public peace away a person from b. Earthquake,
any meeting, association or extolling any act punished while wandering about at confinement with or 1. By means of unlawful c. Explosion,
public place; by law, by the same means night or while engaged in without the active entry (by scaling); d. Similar catastrophe,
or by words, utterances or any other nocturnal participation of the e. Mutiny in which he
4. Displaying placards or speeches; amusements person released 2. By breaking doors, has not participated;
emblems which provoke a windows, gates, walls,
disturbance of public order in 3. Maliciously publishing or 4. Causing any disturbance or 2. By helping said person roofs or floors; 3. That the offender leaves
such place; causing to be published any scandal in public places to escape furnish the penal institution
official resolution or while intoxicated or material means to 3. By using picklocks, false where he is confined, on
5. Burying with pomp the body document without authority, otherwise, provided Art. 153 facilitate escape keys, disguise, deceit, the occasion of such
of a person who has been or before they have been is not applicable violence, or intimidation; disorder or during the
legally executed. published officially; mutiny;
4. Through connivance with
4. Printing, publishing or other convicts or 4. That the offender fails to
distributing (or causing the employees of the penal give himself up to the
same) books, pamphlets, institution. authorities within 48 hrs.
periodicals, or leaflets following the issuance of
which do not bear the real a proclamation by the
printers name, or which are Chief Executive
classified as anonymous. announcing the passing
away of such calamity.
CHAPTER SEVEN TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES
ARTICLE 159 ARTICLE 160 COMMISSION
OTHER CASES OF EVASION OF ANOTHER CRIME
SECTION 1: FORGING THE SEAL OF THE SECTION TWO: COUNTERFEITING COINS
OF SENTENCE DURING THE SERVICE OF
GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
(CONDITIONAL PARDON) PENALTY IMPOSED FOR ARTICLE 163 ARTICLE 164
SIGNATURE OR STAMP OF THE CHIEF
ANOTHER PREVIOUS MAKING AND MUTILATION OF COINS-
EXECUTIVE.
1. That the offender was a OFFENSE IMPORTING AND IMPORTATION AND
convict; (QUASI-RECIDIVISM) ARTICLE 161 ARTICLE 162 UTTERING FALSE UTTERANCE OF MUTILATED
COUNTERFEITING SEAL USE OF FORGED COINS COINS
2. That he was granted a 1. That the offender was OF GOVERNMENT, SIGNATURE,
conditional pardon by the already convicted by final SIGNATURE AND COUNTERFEIT SEAL 1. That there be false or Acts punished
Chief Executive; judgment; STAMP OF PRESIDENT OR STAMP counterfeited coins;
1. Mutilating coins of the legal
3. That he violated any of the 2. That he committed a new Acts Punished 1. That the seal of the 2. That the offender either currency, with the intent to
conditions of such pardon. felony before beginning to Republic was made, imported or damage or to defraud
serve such sentence or 1. Forging the Great Seal counterfeited, or the uttered such coins; another;
while serving the same. of the Government of signature or stamp of
FORMS OF EVASION OF the Philippines; the Chief Executive 3. That in case of uttering 2. Importing or uttering such
SERVICE OF SENTENCE Who can be pardoned was forged by another such false or mutilated coins, with the
2. Forging the signature of person; counterfeited coins, he further requirement that there
1. By simply leaving or A quasi-recidivist can be the President; connived with the must be connivance with the
escaping from the penal pardoned: 2. That the offender knew counterfeiters or mutilator or importer in case
establishment under Art. 1. At the age of 70, if he shall 3. Forging the stamp of the of the counterfeiting or importers. of uttering.
157 have already served out his President. forgery;
original sentence (and not a ARTICLE 165. SELLING OF
2. Failure to return within 48 habitual criminal); or 3. That he used the FALSE OR MUTILATED
hours after having left the counterfeit seal or COIN, WITHOUT
penal establishment 2. When he shall have forged signature or CONNIVANCE
because of a calamity, completed it after reaching stamp.
conflagration or mutiny and the said age, unless by Acts Punished
such calamity, conflagration reason of his conduct or
or mutiny has been other circumstances, he 1. Possession of coin,
announced as already shall not be worthy of such counterfeited or mutilated by
passed under Art. 158. clemency. another with intent to utter
the same knowing that it is
3. Violating the condition of false or mutilated;
conditional pardon under
Article 159. 2. Actually uttering false or
mutilated coin, knowing it to
be false or mutilated.

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SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

ARTICLE 166 ARTICLE 167. ARTICLE 168. ILLEGAL ARTICLE 170 ARTICLE 171 FALSIFICATION B. Causing it to appear that
FORGING TREASURY OR COUNTERFEITING, POSSESSION AND USE OF FALSIFICATION OF BY PUBLIC OFFICER, persons have participated
BANK NOTES OR OTHER IMPORTING AND FALSE TREASURY OR BANK LEGISLATIVE EMPLOYEE OR NOTARY OR in an act or proceeding
DOCUMENTS PAYABLE UTTERING NOTES AND OTHER DOCUMENT ECCLESIASTICAL MINISTER when they did not in fact so
TO BEARER AND INSTRUMENT NOT INSTRUMENTS OF CREDIT participate.
UTTERING THE SAME PAYABLE TO BEARER 1. That there be a bill, 1. That the offender is a public
1. That the treasury or bank note resolution or officer, employee or notary 1. That the offender
Acts penalized: 1. That there be an or certificate or other ordinance enacted by public or ecclesiastical caused it to appear in a
instrument payable to obligation and securities or approved or minister; document that a person
1. Forging or falsification of order or other payable to bearer or any pending approval by or persons participated
treasury or bank notes or document of credit instrument payable to order or either House of the in an act or proceeding;
other documents payable NOT payable to other document of credit not Legislative or any 2. That he takes advantage of
to bearer; bearer; payable to bearer is forged or provincial board or his official position when: 2. That such persons did
falsified by another; municipal council; not in fact so participate
2. Importation of the same 2. That the offender a. He has the duty to make in the act or proceeding.
either forged, 2. The offender knows that any 2. The offender alters or prepare or otherwise to
3. Uttering the same in imported or uttered of these instruments is forged the same; intervene in the C. Attributing to persons
connivance with forgers such instrument; or falsified; preparation of the who have participated in
or importers; 3. That he has no proper document; OR any act or proceeding
3. That in case of 3. That he performs any of these authority therefor; statements other than those
What may be forged or uttering he connived acts: b. He has the official custody in fact made by them.
falsified under Article 166: with the importer or 4. That alteration of the document which he
forger. a. Using any of such forged changed the meaning falsifies 1. That persons participated
1. Treasury or bank notes; or falsified instruments; or of the document. in an act or proceeding;
2. Certificates; b. Possession with intent to 3. The offender falsifies a
3. Other obligations and use, any of the forged or document. 2. That such person or
securities, payable to falsified documents. persons made statements
bearer. Different Modes of Falsifying a in that act or proceeding;
Document:
ARTICLE 169. HOW FORGERY 3. That the offender in
IS COMMMITTED A. Counterfeiting or imitating any making a document,
handwriting, signature or rubric. attributed to such person,
1. By giving to treasury or bank statements other than
note or any instrument payable 1. That there be an intent to those in fact made by
to bearer or to order the imitate or an attempt to such person.
appearance of a true and imitate;
genuine document;
2. The two signatures or
2. Counterfeiting handwriting, the genuine and
Altering the forged bear some
Substituting resemblance to each other
Erasing any figures, letters,
words or signs contained therein.

11
SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

D. Making untruthful statements G. Issuing in an ARTICLE 172. FALSIFI- 3. Use of falsified documents. 3. Using such falsified ARTICLE 173. FALSI-
in a narration of facts. authenticated form a CATION BY PRIVATE messages. FICATION OF
document purporting to INDIVIDUALS AND USE OF Elements: With respect to No. 3, WIRELESS, CABLE,
1. That the offender makes in a be a copy of an original FALSIFIED DOCUMENTS a. Introducing in a judicial the offender need not TELEGRAPH AND
document statements in a document when no proceeding: be connected to the TELEPHONE
narration of facts; such original exist or Acts punished: i. That the offender knew government or to such MESSAGES AND USE
including in such a copy 1. Falsification of public, official that the document was corporation. OF SAID FALSIFIED
2. That he has the legal a statement contrary to or commercial document by a falsified by another person; MESSAGES
obligation to disclose the truth or different from that of private individual Elements:
of the facts narrated by him; the genuine original. ii. That the false document a. That the accused Acts punished:
Elements: was embraced in Art. 171 knew that wireless, 1. Uttering fictitious
3. That the facts narrated by the H. Intercalating any a. The offender is a private or in any subdivision No.1 cable, telegraph or wireless, telegraph, or
offender are absolutely false; instrument or note individual or a public officer or or 2 of Art. 172; telephone message telephone messages;
relative to the issuance employee who did not take was falsified by any
4. That the perversion of truth in in a protocol, registry or advantage of his official iii. That he introduced said person specified in 1st 2. Falsifying wireless,
the narration of facts was official book. position; document in evidence in paragraph of Art.173; telegraph or telephone
made with the wrongful intent any judicial proceeding. messages.
of injuring a third person. b. That he committed any of No damage is required. b. That the accused
the acts of falsification used such falsified Elements:
E. Altering true dates. enumerated in Art.171 (Pars.1- B. Use in any other transaction dispatch; a. That the offender
6); i. That the offender knew is an officer or
F. Making alteration or that the document was c. That the use of the employee of the
intercalation in a genuine c. That the falsification was falsified by another person; falsified dispatch government or an
document which changes its committed in a public or official resulted in the prejudice officer or an
meaning. or commercial document. ii. That the false document of a third party, or that employee of a private
was embraced in Art. 171 the use thereof was corporation, engaged
1. That there be an alteration or 2. Falsification of private or in any of subdivision No. with the intent to cause in the service of
intercalation (insertion) on a document by any person; 1 or 2 of Art. 172; such prejudice sending or receiving
document; wireless, cable or
Elements: iii. That he used such telephone message;
2. That it was made on a a. That the offender committed document (not in judicial
genuine document; any of the acts of falsification proceeding); b. That he commits
except those in par. 7, any of the above
3. That the alteration and enumerated in Art.171; iv. That the use of the false acts.
intercalation has changed the document caused damage
meaning of the document; b. That the falsification was to another or at least it was
committed in a private used with intent to cause
4. That the change made the document; damage.
document speak something
false c. That the falsification caused
damage to a third party or at
least the falsification was
committed with the intent to
12
cause damage.
CHAPTER TWO: OTHER FALSITIES

SECTION FIVE SECTION SIX SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
ARTICLE 174. FALSE ARTICLE 176 MANUFAC- ARTICLE 177. ARTICLE 178. USING COMMONWEALTH ACT ARTICLE 179. ILLEGAL
. MEDICAL CERTIFICATES, TURING AND POSSESSION USURPATION OF FICTITIOUS NAME AND NO. 142, as amended USE OF UNIFORM OR
FALSE CERTIFICATE OF OF INSTRUMENTS AND AUTHORITY OR CONCEALING TRUE by REPUBLIC ACT NO. INSIGNIA
MERIT OR SERVICE IMPLEMENTS FOR OFFICIAL FUNCTIONS NAME 6085 An Act Regulating
FALSIFICATION the Use of Aliases 1. That the offender
Persons liable: Two offenses Elements: (using makes use of insignia,
1. Physician or surgeon who, in Acts punished: contemplated in Art. 177: fictitious name) General rule: No person uniform or dress;
connection with the practice 1. Making or introducing into shall use any name
of profession issued a false the Philippines any stamps, 1. Usurpation of authority 1. That the offender uses different from the one 2. That the insignia,
certificate; dies, marks, or other a name other than his with which he was uniform or dress
instruments or implements 2. Usurpation of official real name; registered at birth in the pertains to an office
2. Public officer who issued a for counterfeiting; functions office of the local civil not held by the
false certificate of merit or 2. That he uses that registry, or with which he offender or to a class
service, good conduct or 2. Possession with intent to use How committed: fictitious name publicly; was registered in the of person of which he
similar circumstances; the instruments or Bureau of Immigration is not a member; and
implements for counterfeiting 1. By knowingly misrep- 3. That the purpose of the upon entry, or such
3. Private individual who or falsification made in or resenting oneself to be offender is substitute name as may 3. That said insignia,
falsified a certificate falling in introduced into the an officer, agent or a. To conceal a crime; have been authorized by uniform or dress is
the classes mentioned in Philippines by another representative of the b. To evade the a competent court. used publicly and
Nos. 1 and 2. person. government, whether execution of a improperly.
local, national or foreign; judgment; Or Exception: As
c. To cause damage to pseudonym solely for
2. By performing any act public interest. literary, cinema,
ARTICLE 175. USING FALSE pertaining to a person in television, radio or other
CERTIFICATES authority or public officer Elements: (Concealing entertainment purposes
of the government under true name) and in athletic events
1. That a false certificate the pretense of official where the use of
mentioned in the preceding position and without 1. That the offender pseudonym is a normally
article was issued; authority. conceals: accepted practice.
a. his true name,
2. That the offender knew that The acts performed must b. all other personal
the certificate was false; pertain to: circumstances;

3. That he used the same. 1. The Government 2. That the purpose is


2. To any person in only to conceal his
authority identity.
3. To any public officer

13
SECTION TWO: FALSE TESTIMONY

ARTICLE 180. FALSE TESTI- ARTICLE 181. FALSE ARTICLE 182. FALSE ARTICLE 183 PERJURY Relevant when it tends in ARTICLE 184.
. MONY AGAINST A TESTIMONY TESTIMONY IN CIVIL any reasonable degree to OFFERING FALSE
DEFENDANT FAVORABLE TO THE CASES Two ways of committing establish the probability or TESTIMONY IN
DEFENDANT perjury: improbability of a fact in issue. EVIDENCE
1. That there be a criminal 1. That the testimony
proceeding; The false testimony in must be given in a civil 1. By falsely testifying under Pertinent when it concerns 1. That the offender
favor of the defendant case; oath; collateral matters which make offered in evidence a
2. That the offender testifies need not directly more or less probable the false witness or
falsely under oath against influence the decision of 2. That the testimony 2. By making a false affidavit. proposition at issue. testimony;
the defendant therein; the acquittal and it need must relate to the
not benefit the defendant. issues presented in Elements: Oath any form of attestation 2. That he knew the
3. That the offender who gives said case; by which a person signifies witness or testimony
false testimony knows that it Conviction or acquittal 1. That the accused made a that he is bound in conscience was false;
is false; of defendant in principal 3. That the testimony statement under oath or to perform an act faithfully and
case is not necessary. must be false; executed an affidavit upon truthfully. 3. That the offer was
4. That the defendant against a material matter; made in a judicial or
whom the false testimony is A defendant who falsely 4. That the false Affidavit a sworn statement official proceeding.
given is either acquitted or testifies in his own behalf testimony must be 2. That the statement or in writing; a declaration in .
convicted in a final judgment. in a criminal case can given by the defendant affidavit was made before a writing, made upon oath before
only be guilty of Art. 181 knowing it to be false; competent officer an authorized magistrate or
False testimony is when he voluntarily goes authorized to receive and officer.
committed by any person who, upon the witness stand 5. That the testimony administer oath;
being under oath, and required and falsely imputes to must be malicious and Competent person a person
to testify as to the truth of a some other person the given with an intent to 3. That in that statement or who has a right to inquire into
certain matter at a hearing commission of a grave affect the issues affidavit, the accused made the questions presented to him
before a competent authority, offense. If he merely presented in said case. a willful and deliberate upon matters under his
shall deny the truth or say denies the commission of assertion of a falsehood; jurisdiction
something contrary to it. the crime or his
participation therein, he 4. That the sworn statement or Subornation of perjury is
Three forms of false should not be prosecuted affidavit containing the committed by a person who
testimony for false testimony. falsity is required by law knowingly and willfully
procures another to swear
1. False Testimony in Criminal Testimony must be falsely and he witness
Cases (Art. 180-181) complete. suborned does testify under
the circumstances rendering
2. False Testimony in Civil him guilty of perjury.
Cases (Art. 182)

3. False Testimony in other


cases (Art. 183)

14
CHAPTER THREE: FRAUDS (Arts. 185-189)

ARTICLE 185. MACHI-NATIONS ARTICLE 186. MONOPOLIES The crime is ARTICLE 187. IMPORTATION REPUBLIC ACT NO. REPUBLIC ACT NO. 9165
IN PUBLIC AUCTIONS AND COMBINATIONS IN committed by: AND DISPOSITION OF 455 Law on Comprehensive Dangerous
RESTRAINT OF TRADE (1) combining, FALSELY MARKED Smuggling Drugs Act of 2002
Acts punishable: (2) conspiring, or ARTICLES OR (Repealing RA No. 6425,
1. Soliciting any gift or promise Acts punishable: (3) agreeing with any MERCHANDISE MADE OF Acts punishable: otherwise known as the
as a consideration for 1. Combination or conspiracy to person. GOLD, SILVER OR OTHER 1. That the Dangerous Drugs Act of
refraining from taking part in prevent free competition in PRECIOUS METALS OR merchandise must 1972)
the public auction; market. The purpose is: THEIR ALLOYS have been
(1) to make fraudulently or Controlled precursors and
a. That there be a public By entering into any contract transactions Articles or merchandise knowingly imported essential chemicals (CP/EC)
auction; or agreement or taking part in prejudicial to involved: contrary to law; include those listed in
b. That the accused solicited any conspiracy or combination lawful commerce, 1. Gold, Tables I and II of the 1988 UN
any gift or a promise from in the form of a trust or or 2. Silver, 2. That the defendant Convention Against Illicit
any of the bidders; otherwise, in restraint of trade 3. Other precious metals, or if he is not the Traffic in Narcotic Drugs and
c. That such gift or promise or commerce or to prevent by (2) to increase the 4. Their alloys. importer himself, Psychotropic Substances
was the consideration for artificial means free market price of must have
his refraining from taking competition in the market. any merchandise Elements: received, Dangerous Drugs (DD)
part in that public auction. or object of 1. That the offender imports, concealed, bought, include those listed in the
d. That the accused had the 2. Monopoly to restrain free commerce sells or disposes any of sold or in any Schedules annexed to the
intent to cause the competition in market. manufactured, those articles; manner facilitated 1961 Single Convention on
reduction of the price of the produced, the transportation, Narcotic Drugs, as amended
thing auctioned. By monopolizing any processed, 2. That the stamps, brands or concealment, or by the 1972 Protocol, and in
merchandise or object of trade assembled or marks of those articles or sale of the the Schedules annexed to the
2. Attempting to cause bidders to or commerce, or by combining imported into the merchandise fail to indicate merchandise and 1971 Single Convention on
stay away from an auction by with any other person or Philippines. the actual fineness or quality that he must be Psychotropic Substances
threats, gifts, promises or any persons to monopolize said of said metal or alloy; shown to have
artifice. merchandise or object in order knowledge that the Notwithstanding the
to alter the prices thereof by 3. That the offender knows that merchandise had provisions of the law to the
a. That there be a public spreading false rumors or the stamps, brands, or been illegally contrary, a positive finding for
auction; making use of any other marks fail to indicate the imported. the use of dangerous drugs
b. That the accused artifice to restrain free actual fineness or quality of shall be a QUALIFYING
attempted to cause the competition in the market. said metal or alloy. AGGRAVATING
buyers to stay away from CIRCUMSTANCE in the
that public auction; 3. Making commission of a crime by an
c. That it was done by offender, and the applicable
threats, gifts, promises or transactions prejudicial to penalty provided for in the
any other artifice. lawful commerce or to RPC shall be applicable. (Sec.
d. That the accused had the increase the market price of 25)
intent to cause the merchandise.
reduction of the price of the
thing. The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
15 RICARDO M. RIBO
d. Importer of any
JR.
merchandise or object of
TITLE SIX: CRIMES AGAINST PUBLIC MORALS

(CHAPTER ONE REPEALED) CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

ARTICLE 200 GRAVE ARTICLE 201. IMMORAL ARTICLE 202 VAGRANTS AND Prostitutes women who, for
SCANDAL DOCTRINES, OBSCENE PROSTITUTES money or profit habitually
PUBLICATIONS AND indulge in sexual intercourse
1. That the offender performs EXHIBITIONS, AND INDECENT Persons Liable: or lascivious conduct.
an act or acts. SHOWS 1. Any person having no apparent
means of subsistence, who has Dissolutes- lax, unrestrained,
2. That such act or acts be Persons Liable: the physical ability to work and immoral Ruffians- violent or
highly scandalous as 1. Those who shall publicly expound who neglects to apply himself to lawless individuals
offending against decency or or proclaim doctrines openly and some lawful calling; (Mendicant)
good customs. contrary to public morals. Persons Liable under PD 1563
3. That the highly scandalous 2. Any person found loitering about or the Mendicancy Law:
conduct is not expressly 2. The authors of obscene literature, public or semipublic buildings or Mendicant himself
falling within any article of published with their knowledge in places or tramping or wondering Any person who abets
this Code. any form; the editors publishing about the country or the streets mendicancy by
such literature; and the owners, without visible means of support; giving alms directly to
4. That the act or acts operating the establishment or mendicants, exploited
complained of be committed selling the same. 3. Any person who, not being infants, and minors on public
in a public place or within the included in the provisions of other roads, sidewalks, parks and
public knowledge or view. 3. Those who, in theaters, fairs, articles of this Code, shall be bridges.
cinematographs or any other place, found loitering in any inhabited or
exhibit indecent or immoral shows uninhabited place belonging to
which are proscribed or are another without any lawful or
contrary to morals, good customs, justifiable purpose.
established policies, lawful orders,
decrees and edicts 4. Prostitutes

4. Those who shall sell, give away or


exhibit films, prints, engravings,
sculpture or literature which are
offensive to morals

The Test of Obscenity


The test is whether the tendency of
the matter charged as obscene, is to
corrupt those whose minds are open
to such immoral influences, and into
whose hands such a publication may
fall and also whether or not such
publication or act shocks the ordinary
and common sense of men as an
indecency.

16
TITLE SEVEN: CRIMES COMITTED BY A PUBLIC OFFICER

CHAPTER ONE: CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE


PRELIMINARY PROVISIONS
SECTION ONE: DERELICTION OF DUTY
ARTICLE 203. WHO ARE
PUBLIC OFFICERS
Misfeasance improper ARTICLE 205. JUDGMENT ARTICLE 207 MALICIOUS ARTICLE 208. PROSE- ARTICLE 209
Requisites: performance of some act RENDERED THROUGH DELAY IN THE CUTION OF OFFENSES; BETRAYAL OF TRUST
To be a public officer one must which might lawfully be NEGLIGENCE ADMINISTRATION OF NEGLIGENCE AND BY AN ATTORNEY OR
be done JUSTICE TOLERANCE SOLI-CITOR
1. That the offender is a REVELATION OF
1. Taking part in the Malfeasance the judge; 1. That the offender is a judge; Acts punished: SECRETS
performance of public performance of some act 1. By maliciously refraining
functions in the which ought not to be 2. That he renders a 2. That there is a proceeding in from instituting Acts punished:
government, or performing done judgment in a case court. prosecution against 1. Causing damage to his
in said Government or in submitted to him for violators of the law; client, either:
any of its branches public Nonfeasance omission decision; 3. That he delays the
duties as an employee, of some act which ought administration of justice; 2. By maliciously tolerating a. By any malicious
agent or subordinate to be performed 3. That the judgment is the commission of a breach of
official, of any rank or class; manifestly unjust; 4. That the delay is malicious, crime. professional duty; or
and ARTICLE 204 that is, the delay is caused b. Inexcusable
KNOWINGLY 4. That it is due to his by the judge with deliberate Elements: negligence or
2. That his authority to take RENDERING UNJUST inexcusable negligence intent to inflict damage on ignorance
part in the performance of JUDGMENT or ignorance. either party in the case. 1. That the offender is a
public functions or to public officer who has a 2. Revealing any of the
perform public duties must 1. That the offender is a duty to cause the secrets of his client
be judge; prosecution of, or to learned by him in his
prosecute offenses; professional capacity
a. By direct provision of the 2. That he renders a
law, or judgment in a case ARTICLE 206 UNJUST Who Can Be Offenders in 2. That knowing the 3. Undertaking the
b. By popular election, or submitted to him for INTERLOCUTORY ORDER Art. 208? commission of the crime, defense of the
c. By appointment by decision; he does not cause the opposing party in the
competent authority 1. Public officer prosecution of the criminal same case without the
3. That the judgment is 1. That the offender is a Officers of the prosecution or knowing that a crime is consent of his first
unjust; judge; department, whose duty is to about to be committed he client after having
institute criminal proceedings tolerates its commission; undertaken the
4. That the judge knows 2. That he performs any of upon being informed and defense of said first
that his judgment is the following acts: client or after having
unjust. a. Knowingly renders 2. Officer of the law 3. That the offender acts with received confidential
unjust interlocutory By reason of position held by malice and deliberate information from said
order or decree, or them are duty-bound to cause intent to favor the violator client
prosecution and punishment of of the law.
b. Renders a manifestly offenders.
unjust interlocutory
order or decree through
inexcusable negligence
or ignorance.
17
SECTION TWO: BRIBERY CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

ARTICLE 210. DIRECT BRIBERY ARTICLE 211 INDIRECT ARTICLE 213 Elements of frauds Elements of illegal exactions ARTICLE 216
BRIBERY FRAUD AGAINST THE against public treasury (Pars. 2-4): POSSES-SION OF
Acts Punished TREASURY AND (Par. 1): PROHIBITED
1. By agreeing to perform, or by 1. That the offender is a SIMILAR OF OFFENSES 1. The offender is a public INTEREST BY A
performing in consideration of any public officer; 1. That the offender be a officer entrusted with the PUBLIC OFFICER
offer, promise, gift or present, an Acts Punished public officer; collection of taxes, licenses,
act constituting a crime, in 2. That he accepts gifts; 1. By entering into an fees and other imposts; Persons liable:
connection with the performance of agreement with any 2. That he should have 1.Public officer who,
official duties. 3. That the said gifts are interested party or taken advantage of his 2. He is guilty of any of the directly or indirectly,
offered to him by reason speculator or making use office, that is, he following acts or omissions: became interested in
2. By accepting a gift in consideration of his office. of any other scheme, to intervened in the any contract or
of the execution of an act which defraud the Government, in transaction in his a. Demanding, directly or business in which it
does not constitute a crime, in ARTICLE 211-A dealing with any person official capacity; indirectly, the payment of was his official duty to
connection with the performance of QUALIFIED BRIBERY with regard to furnishing sums different from or intervene.
his official duty. supplies, the making of 3. That he entered into an larger than those
1. Public officer entrusted contracts, or the agreement with any authorized by law; or 2.Experts, arbitrators,
3. By agreeing to refrain, or by with law enforcement adjustment or settlement of interested party or and private
refraining, from doing something 2. Offender refrains from accounts relating to public speculator or madeuse b.Failing voluntarily to issue a accountants who, in
which it is his official duty to do, in arresting or prosecuting property or funds of any other scheme receipt, as provided by law, like manner, took part
consideration of a gift or promise. an offender who has with regard to for any sum of money in any contract or
committed a crime 2. By demanding, directly or a. Furnishing supplies collected by him officially; transaction connected
Elements of direct bribery: punishable by reclusion indirectly, the payment of b. The making of or with the estate or
1.That the offender be a public perpetua and/or death sums different from or contracts, or property in the
officer; 3. Offender refrains in larger than those c. The adjustment or c. Collecting or receiving, appraisal, distribution
consideration of any authorized by law, in the settlement of directly or indirectly, by way or adjudication of
2.That the offender accepts an offer promise, gift or present collection of taxes, accounts relating to of payment or otherwise, which they had acted.
or a promise or receives a gift or licenses, fees, and other public property or things or objects of a
present by himself or through imposts funds; nature different from that 3. Guardians and
another; ARTICLE 212 COR- provided by law. executors with respect
RUPTION OF PUBLIC 3. By failing voluntarily to 4. That the accused had to the property
3. That such offer or promise be OFFICIALS issue a receipt, as provided intent to defraud the belonging to their
accepted, or gift or present by law, for any sum of Government wards or the estate.
received by the public officer 1. That the offender makes, money collected by him ARTICLE 214 OTHER
a. With a view to committing some offers or promises or officially, in the collection of FRAUDS
crime; or gives gifts or presents to taxes, licenses, fees and
b. In consideration of the execution a public officer; and other imposts 1. That the offender is a public
of an act which does not officer;
constitute a crime, but the act 2. That the offers or 4. By collecting or receiving,
must be unjust; or promises are made or directly or indirectly, by 2. That he takes advantage of
c. To refrain from doing something the gifts or presents way of payment or his official position;
which it is his official duty to do; given to a public officer, otherwise, things or objects
under circumstances of a nature different from 3. That he commits any of the
4. That the act which the offender that will make the public that provided by law, in the frauds or deceits enumerated
agrees to perform or which he officer liable for direct collection of taxes, in Arts. 315 to 318 (estafa,
executes be connected with the bribery or indirect licenses, fees and other other forms of swindling,
performance of his official duties. bribery. imposts swindling a minor, and other
18 deceits).
CHAPTER FOUR: MALVERSATION OF PUBLICFUNDS OR PROPERTY

ARTICLE 217. MALVER- ARTICLE 218 FAILURE OF ARTICLE 219. FAILURE ARTICLE 220. ILLEGAL ARTICLE 221. FAILURE TO ARTICLE 222.
SATION OF PUBLIC FUNDS ACCOUNTABLE OFFICER OF RESPONSIBLE USE OF PUBLIC FUNDS MAKE DELIVERY OF PUBLIC OFFICERS
OR PROPERTY: PRESUMP- TO RENDER ACCOUNTS PUBLIC OR PROPERTY FUNDS OR PROPERTY INCLUDED IN THE
TION OF MALVERSATION OFFICER TO RENDER (Technical Malversation) PRECEDING
1. That the offender is a ACCOUNTS BEFORE Acts Punished PROVISIONS
Acts punished: public officer, whether in LEAVING THE COUNTRY 1. That the offender is a
1. By appropriating public the service or separated public officer; 1. By failing to make payment by Private individuals
funds or property. therefrom. 1. That the offender is a a public officer who is under who may be liable
public officer; 2. That there is a public fund obligation to make such under Art. 217-221:
2. By taking or 2. That he must be an or property under his payment from Government
misappropriating the same. accountable officer for 2. That he must be an administration; funds in his possession. 1. Private individuals
public funds or property. accountable officer for who, in any capacity
3. By consenting, or through public funds or property; 3. That such public fund or Elements: whatsoever, have
abandonment or negligence, 3. That he is required by law property has been a. Public officer has charge of any
permitting any other person or regulation to render 3. That he must have appropriated by law or government funds in his national, provincial
to take such public funds or accounts to the unlawfully left (or be on ordinance; possession. or municipal funds,
property. Commission on Audit, or to the point of leaving) the revenue or property
a provincial auditor. Philippines without 4. That he applies the same b. He is under obligation to
4. By being otherwise guilty of securing from the to a public use other than make payment from such 2. Administrator,
the misappropriation or 4.That he fails to do so for a Commission on Audit a that for which such funds funds. deposi-tory of funds
malversation of such funds period of two months after certificate showing that or property has been or property attached,
or property. such accounts should be his accounts have been appropriated by law or c. He fails to make the seized, or deposited
rendered. finally settled. ordinance. payment, maliciously. by public authority
Common elements: even if such
1. That the offender be a public property belongs to
officer. Malversation of Public 2. By refusing to make delivery a private individual
Funds by Private by a public officer who has (example:
2. That he had custody or Individual: been ordered by competent sheriffs and
control of funds or property 1. When a private person authority to deliver any receivers)
by reason of the duties of his conspired with a public property in his custody or
office officer to commit under his administration
malversation.
3. That those funds or property
were public funds or 2. When he is an
property for which he was accomplice or accessory.
accountable
3. Where a private person
4. That he appropriated, took, was constituted a
misappropriated or custodian in whatever
consented, or through capacity even without a
abandonment or negligence, public officer involved
permitted another person to and he misappropriated
take them. the same.

19
CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS

SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF PRISONERS

ARTICLE 223. CONNIVING ARTICLE 224. EVASION ARTICLE 226 REMOVAL, ARTICLE 227 OFFICER ARTICLE 229 REVELATION ARTICLE 230.
WITH OR CONSENTING TO THROUGH NEGLIGENCE CONCEALMENT, OR BREAKING SEAL OF SECRETS BY AN PUBLIC OFFICER
EVASION DESTRUCTION OF OFFICER REVEALING
1. That the offender is a public DOCUMENTS (Infidelity 1. That the offender is a public SECRETS OF
1. That the offender is a public officer; in the Custody of officer; Acts punished: PRIVATE
officer; Documents) 1. By revealing any secret INDIVIDUAL
2. That he is charged with the 2. That he is charged with the known to the offending
2. That he had in his custody conveyance or custody of a 1. That the offender be a custody of papers or public officer by reason of 1. That the offender is
or charge, a prisoner, either prisoner, either detention public officer; property; his official capacity. a public officer;
detention prisoner or prisoner or prisoner by final
prisoner by final judgment; judgment; 2. That he removes, 3. That these papers or 2. By delivering wrongfully 2. That he knows of
conceals or destroys property are sealed by papers or copies of papers the secrets of a
3. That such prisoner escaped 3. That such prisoner escapes documents or papers; proper authority; of which he may have private individual
from his custody; through his negligence. charge and which should not by reason of his
3. That the said documents 4. That he breaks the seals or be published. office;
4. That he was in connivance or papers should have permits them to be broken.
with the prisoner in the been entrusted to such Elements of No. 1: 3. That he reveals
latters escape. public officer by reason such secrets
of his office; 1. That the offender is a public without authority or
Classes of prisoner officer; justifiable reason.
involved: 4. That damage, whether 2. That he knows of the secret
ARTICLE 225. ESCAPE OF serious or not, to a third ARTICLE 228. OPENING OF by reason of his official
1. If the fugitive has been PRISONER UNDER THE party or to the public CLOSED DOCUMENTS capacity;
sentenced by final judgment CUSTODY OF A PERSON interest should have 3. That he reveals such secret
to any penalty. NOT A PUBLIC OFFICER been caused. 1. That the offender is a public without authority or
officer. justifiable reasons;
2. If the fugitive is held only as 1. That the offender is a 4. That damage, great or small,
detention prisoner for any private person; 2. That any closed papers, be caused to public interest.
crime or violation of law or documents, or objects are
municipal ordinance. 2. That the conveyance or entrusted to his custody. Elements of No. 2:
custody of a prisoner or
person under arrest is 3. That he opens or permits to 1. That the offender is a public
confided to him; be opened said closed officer;
papers, documents, or 2. That he has charge of
3. That the prisoner or person objects. papers;
under arrest escapes; 3. That those papers should
4. That he does not have the not be published;
4. That the offender consents proper authority. 4. That he delivers those
to the escape of the prisoner papers or copies thereof to a
or person under arrest, or that third person;
the escape takes place 5. That the delivery is wrongful;
through his negligence. and
6. That damage be caused to
public interest
2
0
RICARDO M. RIBO
JR.

2
0
CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATMENT OF PRISONERS SECTION TWO: ANTICIPATION, PROLONGATION AND
ABANDONMENT OF THE DUTIES AND POWERS OF
ARTICLE 231 OPEN ARTICLE 232. ARTICLE 233 REFUSAL OF ARTICLE 235. PUBLIC OFFICE .
DISOBEDIENCE DISOBEDIENCE TO ASSISTANCE MALTREATMENT OF

21
ORDER OF SUPERIOR PRISONERS ARTICLE 236.ANTICIPATION ARTICLE 238
1. That the offender is a OFFICER WHEN SAID 1. That the offender is a public OF DUTIES OF A PUBLIC ABANDONMENT OF
judicial or executive ORDER WAS SUSPENDED officer. 1. That the offender is a public OFFICE
OFFICE
officer; BY INFERIOR OFFICER officer or employee;
2. That a competent authority 1. That the offender is a
1. That the offender is entitled
2. That there is a 1. That the offender is a demands from the offender 2. That he has under his public officer;
to hold a public office or
judgment, decision or public officer; that he lends his charge a prisoner convicted employment, either by
order of a superior cooperation towards the by final judgment or a 2. That he formally
election or appointment;
authority; 2. That an order is issued administration of justice or detention prisoner; resigns from his
by his superior for other public service. position; There must
2. That the law requires that
3. That such judgment, execution; 3. That he maltreats such be written or formal
he should first be sworn in
decision or order was 3. That the offender fails to do prisoner in either of the resignation
and/or should first give a
made within the scope 3. That he has for any so maliciously. following manners: bond;
of the jurisdiction of the reason suspended the 3. That his resignation
superior authority and execution of such order; a. By overdoing himself in has not yet been
3. That he assumes the
issued with all legal the correction handling of accepted;
performance of the duties
formalities; 4. That his superior a prisoner or detention and powers of such office;
disapproves the prisoner under his charge 4. That he abandons his
4. That the offender suspension of the either: office to the detriment
4. That he has not taken his
without any legal execution of the order; of the public service.
oath of office and/or given
justification openly i. by the imposition of the bond required by law.
refuses to execute said 5. That the offender punishments not Qualifying
judgment, decision or disobeys his superior authorized by the circumstance when
order, which he is duty despite the disapproval of ARTICLE 234. REFUSAL TO regulations, or the abandonment of the
ARTICLE 237. PROLONGING
bound to obey the suspension. DISCHARGE ELECTIVE office has for its purpose
PERFORMANCE OF DUTIES
OFFICE ii. by inflicting such to evade the discharge of
AND POWERS
punishments (those the duties of preventing,
1. That the offender is elected authorized) in a cruel prosecuting or punishing
1. That the offender is holding
by popular election to a and humiliating any of the crimes falling
a public office;
public office; manner; or within Title 1 and
2. That the period provided by Chapter 1 Title 3 of Book
2. That he refuses to be sworn b. By maltreating such 2 of this Code
law, regulations or special
in or to discharge the duties prisoner to extort a provisions for holding such
of said office; and confession or to obtain office, has already expired;
some information from
3. That there is no legal motive the prisoner. 3. That he continues to
for such refusal to be sworn
exercise the duties and
in or to discharge the duties
powers of such office.
of said office.

22
SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT SECTION FOUR: ABUSES AGAINST CHASTITY

ARTICLE 239. ARTICLE 241. USUR- ARTICLE 243. ORDERS ARTICLE 245. ABUSES
USURPATION OF PATION OF JUDICIAL OR REQUESTS BY AGAINST CHASTITY .
LEGISLATIVE POWER FUNCTIONS EXECUTIVE OFFICERS TO PENALTIES
ANY JUDICIAL
1. That the offender is an 1. That the offender is an AUTHORITY Ways of committing Elements:
executive or judicial officer of the executive abuses against chastity: 1. That the offender is a
officer; branch of the Government; 1. That the offender is an public officer;
executive officer; 1. By soliciting or making
2. That he: 2. That he: immoral or indecent 2. That he solicits or makes
a. Makes general rules or a. Assumes judicial powers; 2. That he addresses any advances to a woman immoral or indecent
regulations beyond the or order or suggestion to any interested in the matters advances to a woman;
scope of his authority b. Obstructs the execution judicial authority; pending before the
or of any order or decision offending officer for 3. That such woman must
b. b. Attempts to repeal a rendered by any judge 3. That the order or decision, or with respect to be:
law or within his jurisdiction. suggestion relates to any which he is required to
c. Suspends the case or business coming submit a report to or a. Interested in matters
execution thereof. within the exclusive consult with a superior pending before the
jurisdiction of the courts of officer. offender for decision, or
justice with respect to which he
2. By soliciting or making is required to submit a
ARTICLE 240. ARTICLE 242. DIS- ARTICLE 244 UNLAWFUL immoral or indecent report to or consult with a
USURPATION OF OBEYING REQUEST FOR APPOINTMENTS advances to a woman superior officer; or
EXECUTIVE FUNCTIONS DISQUALIFICATION under the offenders
1. That the offender is a custody. b. Under the custody of the
1. That the offender is a 1. That the offender is a public officer; offender who is a warden
judge; public officer; 3. By soliciting or making or other public officer
2. That he nominates or immoral or indecent directly charged with the
2. That he: 2. That a proceeding is appoints a person to a advances to the wife, care and custody of
a. Assumes a power pending before such public office; daughter, sister or relative prisoners or persons
pertaining to the public officer; within the same degree by under arrest; or
executive authorities; or 3. That such person lacks affinity of any person in
b. Obstructs the executive 3. That there is a question the legal qualifications the custody of the c. The wife, daughter, sister
authorities in the lawful brought before the proper therefor; offending warden or or relative within the
exercise of their powers authority regarding his officer. same degree by affinity of
jurisdiction, which is not 4. That the offender knows the person in the custody
yet decided; that his nominee or of the offender.
appointee lacks the
4. That he has been lawfully qualification at the time he
required to refrain from made the nomination or
continuing the proceeding; appointment.

5. That he continues the


proceeding.

23
TITLE EIGHT: CRIMES AGAINST PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE

24
ARTICLE 246. PARRICIDE ARTICLE 247. ARTICLE 248. MURDER Elements: ARTICLE 249. HOMICIDE
DEATH OR PHYSICAL
1. That a person is killed; INJURIES INFLICTED Murder unlawful killing of any 1. That a person was killed; Elements:
UNDER EXCEPTIONAL person which is not parricide or
2. That the deceased is killed by CIRCUMSTANCES infanticide, provided that any 2. That the accused killed him; 1. That a person was killed;
the accused; and of the following circumstances is
1. That a legally married present: 3. That the killing was attended 2. That the accused killed him
3. That the deceased is the person or a parent surprises by any of the qualifying without any justifying
father, mother, or child, his spouse or his daughter, 1. With treachery, taking circumstances mentioned in circumstance;
whether legitimate or the latter under 18 years of advantage of superior Art. 248; and
illegitimate, or a legitimate age and living with him, in strength, with the aid of armed 3. That the accused had the
other ascendant or other the act of committing sexual men, or employs means to 4. That the killing is not parricide intention to kill, which is
descendant, or the legitimate intercourse with another weaken the defense, or of or infanticide. presumed; and
spouse, of the accused. person; means or persons to insure or
afford impunity; Rules for the application of the 4. That the killing was not
2. That he or she kills any or circumstances which qualify attended by any of the
both of them, or inflicts upon 2. In consideration of a price, the killing to murder: qualifying circumstances of
Cases of parricide when the any or both of them any reward or promise; murder, or by that of
penalty shall NOT be reclusion serious physical injury, in the 1. That murder will exist with only parricide or infanticide.
perpetua to death: act or immediately 3. By means of inundation, fire, one of the circumstances
Parricide through negligence thereafter; and poison, shipwreck, stranding of described in Art. 248.
(Art. 365). a vessel, derailment or assault
Parricide by mistake (Art. 249). 3. That he has not promoted or upon a railroad, fall of an 2. Where there are more than
Parricide under exceptional facilitated the prostitution of airship, by means of motor one qualifying circumstance
circumstances (Art. 247). his wife or daughter, or that vehicles, or with the use of any present, only one will qualify
he or she has not consented other means involving great the killing, with the rest to be
to the infidelity of others. waste and ruin; considered as generic
The child should not be less
aggravating circumstances.
than 3 days old; otherwise the
4. On occasion of any calamities
crime is infanticide (Art. 255)
enumerated in the preceding 3. That when the other
paragraph, or of an circumstances are absorbed or
earthquake, eruption of a included in one qualifying
volcano, destructive cyclone, circumstance, they cannot be
epidemic, or any other public considered as generic
calamity; aggravating.

5. With evident premeditation; or 4. That any of the qualifying


circumstances enumerated in
6. With cruelty, by deliberately Art. 248 must be alleged in the
and Inhumanly augmenting the information.
suffering of the victim, or
outraging or scoffing at his
person or corpse. (As
amended by RA No. 7659)

25
SECTION ONE: PARRICIDE, MURDER, HOMICIDE SECTION TWO: INFANTICIDE AND ABORTION

ARTICLE 250. ARTICLE 251. DEATH ARTICLE 252. PHYSICAL ARTICLE 254 ARTICLE 255 ARTICLE 256
PENALTY FOR CAUSED IN A INJURIES INFLICTED IN A DISCHARGE OF INFANTICIDE INTENTIONAL ABORTION
FRUSTRATED TUMULTUOUS AFFRAY TUMULTUOUS AFFRAY FIREARMS
PARRICIDE, MURDER, Elements: Ways of Committing Intentional
OR HOMICIDE 1. That there be several 1. That there is a tumultuous 1. That the offender Abortion:
Courts may impose a persons; affray as referred to in Art. discharges a 1. That a child was killed;
penalty two degrees 251; firearm against or 1. By using any violence upon the
lower for frustrated 2. That they did not compose at another person; 2. That the deceased child person of the pregnant woman;
parricide, murder or groups organized for the 2. That a participant or some and was less than three days
homicide. common purpose of participants thereof suffer (72 hours) of age; and 2. By acting, without using
Courts may impose a assaulting and attacking serious physical injuries or 2. That the offender violence and without the
penalty three degrees each other reciprocally, physical injuries of a less has no intention to 3. That the accused killed consent of the woman (by
lower for attempted otherwise, they may be held serious nature only; kill that person. the said child. administering drugs or
parricide, murder or liable as co-conspirators; beverages upon such pregnant
homicide. 3. That the person woman without her consent;
This provision is 3. That these several persons responsible therefor and
quarreled and assaulted cannot be identified; and
permissive NOT
MANDATORY. one another in a confused 3. By acting, with the consent of
and tumultuous manner; 4. That all those who appear the pregnant woman, by
to have used violence administering drugs or
4. That someone was killed in upon the person of the Person liable in beverages.
the course of the affray; offended party are known. Intentional Abortion:

5. That it cannot be 1. The person who Elements:


ascertained who actually intentionally caused the 1. That there is a pregnant
killed the deceased; and abortion under Art. 256; woman;
ARTICLE 253. GIVING 2. The pregnant woman if
6. That the person or persons ASSISTANCE TO SUICIDE she consented under 2. That violence is exerted, or
who inflicted serious Art. 258. drugs or beverages
physical injuries or who Acts punished: administered, or that the
used violence can be 1. By assisting another to accused otherwise acts upon
identified. commit suicide, whether such pregnant woman;
the suicide is
Persons liable: consummated or not; 3. That as a result of the use of
1. The person or persons who violence or drugs or beverages
inflicted the serious physical 2. By lending his assistance upon her, or any other act of the
injuries are liable. to another to commit accused, the fetus dies, either in
2. If it is not known who suicide to the extent of the womb or after having been
inflicted the serious physical doing the killing himself. expelled therefrom; and
injuries on the deceased
ALL the persons who used 4. That the abortion is intended.
violence upon the person of
the victim are liable, but
with lesser liability.
26
SECTION TWO: INFANTICIDE AND ABORTION SECTION THREE: DUEL

ARTICLE 257. UNINTEN- ARTICLE 258. ABORTION ARTICLE 259. ARTICLE 260. ARTICLE 261
TIONAL ABORTION PRACTICED BY THE WOMAN ABORTION PRACTICED BY A RESPONSIBILITY OF CHALLENGING TO A DUEL
HERSELF OR HER PARENTS PHYSICIAN OR MIDWIFE IN PARTICIPANTS IN A DUEL
1. That there is a pregnant DISPENSING OF ABORTIVES Acts Punished
woman; 1.That there is a pregnant Acts punished: 1. By challenging another to
woman who has suffered an Elements: a duel;
2. That violence is used upon abortion; 1. By killing ones adversary
such pregnant woman 1. That there is a pregnant in a duel; 2. By inciting another to give
without intending an 2.That the abortion is intended; woman who has suffered an or accept a challenge to a
abortion; and abortion; 2. By inflicting upon such duel; and
adversary physical injuries;
3. That the violence is 3. That the abortion is caused by 2. That the abortion is intended; and 3. By scoffing or decrying
intentionally exerted; and another publicly for having
a. The pregnant woman 3. That the offender, who must be 3. By making a combat refused to accept a
4. That as a result of the herself; a physician or midwife, causes, although no physical challenge to fight a duel.
violence, the fetus dies, b. Any other person, with her or assists in causing the injuries have been inflicted.
either in the womb or after consent; or abortion; and Persons liable:
having been expelled c. Any of her parents, with her Persons liable: 1. Challenger
therefrom. consent, for the purpose of 4. That said physician or midwife 2. Instigators
concealing her dishonor. takes advantage of his or her 1. The person who killed or
scientific knowledge or skill. inflicted physical injuries
upon his adversary or both
As to PHARMACISTS, the combatants in any other
ELEMENTS are: case, as principals.

1. That the offender is a 2. The seconds, as


pharmacist; accomplices.

2. That there is no proper


prescription from a physician;
and

3. That the offender dispenses


any abortive.

RICARDO M. RIBO JR.


27
CHAPTER TWO: PHYSICAL INJURIES ARTICLE 266 SLIGHT Persons liable:
PHYSICAL INJURIES AND 1. Officers and members of the
ARTICLE 262 ARTICLE 263. SERIOUS 4. When the injured person ARTICLE 265 MALTREATMENT fraternity, sorority or organization who
MUTILATION PHYSICAL INJURIES becomes ill or LESS SERIOUS PHYSICAL Kinds: actually participated in the infliction of
Two kinds: incapacitated for labor for INJURIES 1. Physical injuries which physical harm shall be liable .as
How committed: more than 30 days (but incapacitated the offended principals if the person subjected to
1. By intentionally 1. By wounding; must not be more than 90 1. The offended party is party from one to nine hazing suffers any physical injury or
mutilating another by 2. By beating; days), as a result of the incapacitated for labor for 10 days, or required medical dies as a result thereof.
depriving him, either 3. By assaulting; or physical injuries inflicted. days or more but not more attendance during the
totally or partially, of 4. By administering injurious than 30 days, or needs same period; 2. Owner of the place where the hazing
some essential organ substance. Requisites of deformity: attendance for the same is conducted shall be liable as an
for reproduction period; and 2. Physical injuries which did accomplice when he has actual
(castration). Serious physical injuries 1. Physical ugliness; 2. The physical injuries must not prevent the offended knowledge of the hazing conducted
1. When the injured person 2. Permanent and definite not be those described in the party from engaging in his therein but failed to take any action to
Elements: becomes insane, imbecile, abnormality; and preceding articles. habitual work or which did prevent the same from occurring.
impotent or blind in 3. Must be conspicuous and not require medical
a. That there be consequence of the visible. Qualified Less Serious attendance; and 3. Parents shall be liable as principals
castration, that is, physical injuries inflicted; Physical Injuries: when they have actual knowledge of the
mutilation of organs Qualifying Circumstances: 3.Ill-treatment of another by hazing conducted in the home of one of
necessary for 2. When the injured person 1. A fine not exceeding P500, deed without causing any the officers or members of the fraternity,
generation, such as a. Loses the use of speech 1. Offense committed against in addition to arresto mayor, injury. sorority or organization, but failed to
penis or ovarium; and or the power to hear or to persons enumerated in the shall be imposed for less prevent the same.
smell, or loses an eye, a crime of parricide. serious physical injuries
b.That the mutilation is hand, a foot, an arm, or a 2. With the attendance of when: ANTI-HAZING LAW (R.A. 4. School authorities and faculty
caused purposely and leg; circumstance which qualify a. There is manifest intent No. 8049) members shall be liable as accomplices
deliberately, that is, to b. Loses the use of any such the crime to murder. to insult or offend the - when they consent to the hazing or
deprive the offended member; or injured person; or have actual knowledge thereof, but
Hazing is an initiation rite
party of some c. Becomes incapacitated b. There are circumstances failed to take any action to prevent the
or practice as a prerequisite
essential organ for for the work in which he ARTICLE 264 adding ignominy to the same from occurring.
for admission into
reproduction. was therefore habitually ADMINISTERING offense.
membership in a fraternity,
engaged, in consequence INJURIOUS SUBSTANCE 5. Officers, former officers or alumni of
sorority or organization by
2. By intentionally of the physical injuries OR BEVERAGES 2. A higher penalty is imposed the organization, group, fraternity or
placing the recruit, neophyte
making other inflicted. when the victim is either: sorority shall be liable as principals - if
or applicant in some
mutilation, that is, by 1. That the offender inflicted a. The offenders parent, they actually planned the hazing,
embarrassing or humiliating
lopping or clipping off 3. When the person injured - upon another any serious ascendant, guardian, although not present when the acts
situations such as forcing
any part of the body a. Becomes deformed, or physical injury; curator or teacher; or constituting the hazing were committed.
him to do menial, silly,
of the offended party, b. Loses any other member b. Persons of rank or
foolish, and similar activities
other than the of his body, or 2. That it was done by persons in authority, 6. Officers or members of the
or otherwise subjecting him
essential organ for c. Loses the use thereof, or knowingly administering to provided the crime is not organization, group, fraternity or sorority
to physical or psychological
reproduction, to d. Becomes ill or him any injurious substances direct assault. shall be liable as principals - if they
suffering or injury.
deprive him of that incapacitated for the or beverages or by taking knowingly cooperated in carrying out
acts are punishable: All acts
part of the body performance of the work advantage of his weakness The law includes 2 the hazing by inducing the victim to be
so long as it caused
(mayhem). in which he was habitually of mind or credulity; and subdivisions, to wit: present thereat.
physical injuries at the very
engaged for more than 90 1. The inability for work; and 7. The fraternity or sororitys adviser
least.
days, in consequence of 3. That he had no intent to kill. 2. The necessity for medical shall be liable as principal - if he was
the physical injuries attendance present when the acts constituting the
inflicted. hazing were committed and failed to
26 take any action to prevent the same.
CHAPTER THREE: RAPE

2
7
ART. 266-A ANTI-RAPE How rape is committed: 2. By any person who, under any ARTICLE 266-B QUALIFIED 8. When the victim is a religious
LAW 1. By a man who shall have of the circumstances mentioned RAPE engaged in legitimate
carnal knowledge of a woman in paragraph 1 hereof, shall Rape under both acts of religious vocation or calling
Classification of Rape under any of the following commit an act of sexual assault committing it is qualified by and is personally known to
1. Traditional Rape under Art. circumstances: by inserting his penis into the following: be such by the offender
335- carnal knowledge with a. Through force, threat or another persons mouth or anal Note: Rape is punishable by death if it before or at the time of the
a woman against her will; in intimidation; orifice of another person, or any falls under any of 4-14 circumstances. commission of the crime;
this case, the offender is b. When the offended party is instrument or object, into the
always a man and the deprived of reason or genital or anal orifice of another 1. When rape is committed with 9. When the victim is a child
offended party is always a otherwise unconscious; person. the use of a deadly weapon or below 7 years old;
woman. c. By means of fraudulent by two or more persons;
machinations or grave Elements: 10. When the offender knows
2. Sexual Assault under R.A. abuse of authority; a. That the offender commits an 2. When by reason or occasion that he is afflicted with
8353- this is committed d. When the offended party is act of sexual assault; of rape, the victim has HIV/AIDS or any other
when the offender inserts under twelve (12) years of become insane; sexually transmissible
his penis to another age or is demented, even b. That the act of sexual assault disease and the virus or
persons mouth or anal though none of the is committed by any of the 3. When the rape is attempted disease is transmitted to the
orifice or by inserting an circumstances mentioned following means: and a homicide is committed victim;
instrument or object into the above be present. by reason of or on the
genital or anal orifice of i. By inserting his penis into occasion of rape (special 11. When committed by any
another person. The another persons mouth or complex crime); member of the AFP or para-
offender and theoffender Elements: anal orifice; military units thereof of the
can either be a man or a a. That the offender is a man; 4. When by reason of or on PNP or any law enforcement
woman in the case of the ii. By inserting any instrument occasion of rape, homicide is agency or penal institution,
insertion of any instrument b. That the offender had carnal or object into the genital or committed (special complex when the offender took
or object. knowledge of a woman; anal orifice of another crime) advantage of his position to
person facilitate the commission of
c. That such act is accomplished 5. When the victim is under 18 the crime;
under any of the following c. That the act of sexual assault years of age and the offender
circumstances: is accomplished under any of is a parent, ascendant, step- 12. When by reason or on the
the circumstances parent, guardian, relative by occasion of the rape, the
i. By using force or enumerated under the first act consanguinity or affinity within victim has suffered
intimidation, or of committing rape. the third civil degree, or the permanent physical
common law spouse of the mutilation or disability;
ii. When the woman is deprived parent of the victim;
of reason or otherwise 6. When the victim is under the 13. When the offender knew of
unconscious, or custody of the police or the pregnancy of the
military authorities or any law offended party at the time of
iii. By means of fraudulent enforcement or penal the commission of the crime;
machination or grave abuse institution;
of authority, or 7. When the rape is committed in 14. When the offender knew of
full view of the spouse, parent, the mental disability,
iv. When the woman is under 12 or any of the children or other emotional disorder and/or
years of age or demented. relatives within the third civil physical disability of the
degree of consanguinity; offended party at the time of
the commission of the crime.

2
7
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

ARTICLE 266-C EFFECT OF SECTION ONE: ILLEGAL DETENTION SECTION TWO:


PARDON KIDNAPPING OF
ARTICLE 267 Qualifying circumstances: ARTICLE 268 AR TICLE 269 UNLAWFUL MINORS
Effects of pardon: KIDNAPPING AND Death Penalty is imposed SLIGHT ILLEGAL AR REST
SERIOUS ILLEGAL (KERT) DETENTION ARTICLE 270 FAILURE
1. The subsequent valid DETENTION a. If the purpose is to Elements: (PIKO) 1. That the offender
marriage between the TO RETURN A MINOR
extort ransom 1. That the offender is a arrests or detains
offender and the offended Elements: (PICK) b. When the victim is killed private individual; another person
party shall extinguish: 1. That the offender is
1. That the offender is a or dies a consequence of 2. That he kidnaps or detains entrusted with the
private individual who the detention; another, or in any manner 2. That the purpose of the custody of a minor
a. The criminal action or is not any of the c. When the victim is raped; deprives him of his liberty; offender is to deliver
b. The penalty already person (less than 18
parents of the victim or 3. That the act of kidnapping him to the proper
imposed. years old);
nor a female; d. When the victim is or detention is illegal; authorities
subjected to torture or 4. That the crime is
2. The subsequent 2. That he deliberately
2. That he kidnaps or dehumanizing act. committed without the 3. That the arrest or
forgiveness of the wife to fails to restore the said
detains another, or in attendance of the detention is
the legal husband shall minor to his parents or
any other manner circumstances enumerated unauthorized by law or
extinguish the criminal guardian
deprives the latter of in Art. 267. there is no reasonable
action or the penalty, his liberty; ground therefor.
PROVIDED that the crime Liability is mitigated when
shall not be extinguished or ARTICLE 271
3. That the act of the following
the penalty shall not be INDUCING A MINOR TO
detention or kidnapping circumstances concur:
abated if the marriage is must be illegal; (VOB) ABANDON HIS HOME
void ab initio.
(This is an exception to the rule that 1. That a minor (less than
forgiveness by the offended party shall not 4. That in the commission 1. Offender voluntarily
18 years old) is living
extinguish the penal action in crimes against of the offense, any Of releases the person so
person) in the home of his
the following kidnapped or detained
parents or guardian or
circumstances is within three days from the
the person entrusted
present: commencement of the
ARTICLE 266-D with his custody;
detention.
PRESUMPTIONS a. That the kidnapping or
2. That the offender
detention lasts for 2. Without having attained
Evidence which may be the purpose intended; and induces said minor to
more than 3 days; or
accepted in the prosecution abandon such home
of rape: b. That it is by committed 3. Before the institution of
simulating public criminal proceedings
1. Any physical overt act authority; or against him.
manifesting resistance
against the act of rape in c. That any serious
any degree from the physical injuries are
offended party; or inflicted upon the
person kidnapped or
2. Where the offended party is detained or threats to
so situated as to render kill him are made; or
him/her incapable of giving
his/her consent d. That the person
28
kidnapped or detained
CHAPTER TWO: CRIMES AGAINST SECUIRTY
SECTION THREE: SLAVERY AND SERVITUDE
ARTICLE 272. SLAVERY ARTICLE 274. SECTION ONE: ABANDONMENT OF HELPLESS SECTION TWO: TRESPASS TO DWELLING
(PE) SERVICES RENDERED PERSONS AND EXPLOITATION OF MINORS
ARTICLE 280. QUALIFIED TRESPASS TO .
UNDER COMPULSION ARTICLE 275. ARTICLE 276. DWELLING
1. That the offender IN PAYMENT ABANDONMENT OF ABANDONING A MINOR (PEA)
purchases, sells, kidnaps PERSONS IN DANGER AND (SCAN)
or detains a human being; (CAP) ABANDONMENT OF ONES 1. That the offender has 1. That the offender is a private person;
OWN VICTIM the custody of a child;
2. That the purpose of the 1. That the offender Acts punished: 2. That he enters the dwelling of another;
offender is to enslave such compels a debtor to 1.By failing to render 2. That the child is under
human being. work for him, either as assistance to any person seven years of age. 3. That such entrance is against the latters will.
household servant or whom the offender finds in
farm laborer; an uninhabited place 3. That he abandons such Qualifying Circumstance: If committed by means
Qualifying circumstance: wounded or in danger of child; of violence/intimidation.
When the purpose of the 2. That it is against the dying when he can render
offender is to assign the debtors will; such assistance without 4. That he has no intent to Rule: Whoever enters the dwelling of another at
offended party to some detriment to himself, kill the child when the late hour of the night after the inmates have retired
immoral traffic. 3. That the purpose is to unless such omission shall latter is abandoned. and closed their doors does so against their will.
require or enforce the constitute a more serious Prohibition in this case is presumed.
payment of a debt. offense. Circumstances
Qualifying the Offense: Cases to which the provision of this article is
Elements: (UWOF) (DD) NOT applicable:

a. The place is uninhabited; 1. When the death of the 1. If the entrance to anothers dwelling is made for
ARTICLE 273 b. The accused found there minor resulted from the purpose of preventing some serious harm to
EXPLOITATION OF CHILD a person wounded or in such abandonment; or himself, the occupants of the dwelling or a third
LABOR danger of dying; person.
c. The accused can render 2. If the life of the minor
(RAR-age) assistance without was in danger 2. If the purpose is to render some service to
1. That the offender retains a detriment to himself; humanity or justice.
minor in his service; d. The accused fails to ARTICLE 279.
render assistance. ADDITIONAL PENALTIES 3. If the place where entrance is made is a caf,
2. That it is against the will of FOR OTHER OFFENSES tavern, inn and other public house, while the same
the minor; 2. By failing to help or render (Imposition of the penalties are open.
assistance to another prescribed in the preceding
3. That it is under pretext of whom the offender has articles (Art 275-278) shall not ARTICLE 281 OTHER FORMS OF TRESPASS
reimbursing himself of a prevent the imposition upon
accidentally wounded or (CUMN)
debt incurred by an the same person of the
injured. penalty provided for any other
ascendant, guardian or 1. That the offender enters the closed premises or
felonies defined and punished
person entrusted with the 3. By failing to deliver a child under the Code.) the fenced estate of another
custody of such minor. under seven years of age 2. That the entrance is made while either of them
whom the offender has is uninhabited;
found abandoned, to the 3. That the prohibition to enter be manifest;
authorities or to his family, 4. That the trespasser has not secured the
or by failing to take him to permission of the owner or the caretaker
2 a safe place. thereof.
9
SECTION THREE: THREATS AND COERCION ARTICLE 286. GRAVE COERCION
Two Ways of Committing Grave Coercion: (PC)
ARTICLE 282. GRAVE Qualifying Circumstance: If ARTICLE 283. LIGHT THREATS
THREATS threat was made in writing or (TNDA/N) 1. By preventing another by means of violence, threats or
Acts punished: through a middleman. intimidation, from doing something not prohibited by law.
1. That the offender makes a threat to (Preventive)
1. By threatening another with Elements of Grave Threats commit a wrong;
the infliction upon his where the offender attained 2. By compelling another, by means of violence, threats or
person, honor, or property or his purpose: (TCDA) 2. That the wrong does not constitute a intimidation, to do something against his will, whether it be right
that of his family of any 1. That the offender threatens crime; or wrong. (Compulsive)
wrong amounting to a crime another person with the
and demanding money or infliction upon the latters 3. That there is a demand for money or
imposing any other condition person, honor or property, or that other condition is imposed even
even though not unlawful, upon that of the latters family, though not unlawful;
When PREVENTING is not When COMPELLING is not
and the offender attained his of any wrong;
4. That the offender has attained his considered Coercion: considered Coercion:
purpose. (with condition)
2. That such wrong amounts to a purpose or, that he has not attained
his purpose. Under Art. 132: When a Under Art. 127: When a
2. By making such threat crime;
without the offender public officer prevents the public officer compels a
ARTICLE 284. BOND FOR GOOD ceremonies of a religious person to change his
attaining his purpose. (with 3. That there is a demand for
BEHAVIOR group. residence.
condition; elements for this money or that any other
act are the same with the condition is imposed, even
though not unlawful; When a person is required to give bail Under Art. 143: When a Under Art. 267: When a
first except that the purpose
bond: person prevents the person kidnaps his debtor to
is not attained.)
4. That the offender attains his meeting of a legislative compel him to pay.
purpose. 1. When he threatens another under the assembly.
3. By threatening another with
circumstances mentioned in Art. 282. Elements: (PCVN)
the infliction upon his
person, honor or property or Elements of Grave Threats Under Art. 145: When a 1. That a person prevented
2. When he threatens another under the person prevents a member another from doing
that of his family of any NOT subject to a condition:
circumstances mentioned in Art. 283. of Congress from attending something not prohibited
wrong amounting to a crime, (TCN)
meetings, expressing his by law, or by compelling
the threat not being subject 1. That the offender threatens ARTICLE 285. OTHER LIGHT opinions or casting his vote him to do something
to a condition. (without another person with the THREATS through the use of force or against his will, be it right
condition) infliction upon the latters Prohibited Acts: (TOO) intimidation. or wrong;
person, honor, or property, or
upon that of the latters family, 1. Threatening another with a weapon, 2. That the prevention or
When PRISION MAYOR shall
of any wrong. or drawing such weapon in a quarrel, compulsion be effected by
be imposed: (VCP)
unless it be in lawful self-defense. violence, threats or
2. That such wrong amounts to a intimidation.
1. If the coercion is committed
crime. 2. Orally threatening another, in the heat in violation of the exercise of
of anger, with some harm constituting a the right of suffrage. 3. That the person that
3. That the threat is not subject crime, without persisting in the idea restrained the will and
2. If the coercion is committed
to a condition. involved in his threat. liberty of another has no
to compel another to
perform any religious act. right to do so, or in other
3. Orally threatening to do another any 3. If the coercion is committed words, that the restraint is
harm not constituting a felony. to prevent another from not made under authority
RICARDO M. RIBO JR. performing any religious act. of law or in the exercise of
3 any lawful right.
9
CHAPTER THREE: DISCOVERY AND REVELATION
SECTION THREE: THREATS AND COERCION OF SECRETS
ARTICLE 287 LIGHT ARTICLE 288. OTHER ARTICLE 289 ARTICLE 290 ARTICLE 292
COERCION SIMILAR COERCIONS FORMATION, DISCOVERING SECRETS REVELATION OF
(CSVP) (COMPULSORY MAINTENANCE, & THROUGH SEIZURE OF INDUSTRIAL
PURCHASE OF PROHIBITION OF CORRESPONDENCE SECRETS
1. That the offender must MERCHANDISE & COMBINATION OF (PSID) (MSRP)
be a creditor; PAYMENT OF WAGES CAPITAL OR LABOR 1. That the offender is a
BY MEANS OF TOKENS) THROUGH VIOLENCE private individual or even 1. That the offender is a
2. That he seizes anything OR THREATS a public officer not in the person in charge,
belonging to his debtor; exercise of his official employee or workman
Prohibited acts:
2. Paying the wages due function; of a manufacturing or
1. Forcing or compelling, 3. That the offender
3. That the seizure of the his laborer or employee industrial
directly or indirectly, or employs violence or
thing be accomplished by means of tokens or 2. That he seizes the establishment;
knowingly permitting the threats, in such a degree
by means of violence or objects other than the papers or letters of
forcing or compelling of as to compel or force the
a display of material legal tender currency of another; 2.That the
the laborer or employee laborers or employers in
force producing the Philippines, unless manufacturing/industri
of the offender to the free and legal
intimidation; expressly requested by 3. That the purpose is to al establishment has a
purchase merchandise exercise of their industry
such laborer or discover the secrets of secret of the industry
or commodities of any or work;
4. That the purpose of the employee such other person; which the offender has
kind from him
offender is to apply the learned;
4. That the purpose is to
same to the payment of Elements: 4. That the offender is
Elements: organize, maintain or
the debt. informed of the contents 1.That the offender
prevent coalitions of
a. That the offender pays of the papers or letters
a. That the offender is any capital or laborers or reveals such secrets;
the wages due a laborer seized.
nd person, agent or officer lockout of employers.
Unjust Vexation (2 par.) or employee employed 2. That prejudice is
of any association or Qualifying Circumstance:
by him by means of caused to the owner.
corporation. Offender reveals the
Includes any human tokens or objects
conduct that, although not contents of such paper or
b. That he or such firm or letter of another to a third
productive of some b. That those tokens or
corporation has person.
physical or material harm, objects are other than
employed laborers or
could unjustifiably annoy or the legal tender currency
employees
vex an innocent person. of the Philippines. ARTICLE 291
REVEALING SECRETS
c. That he forces or
The paramount question to c. That such employee or WITH ABUSE OF OFFICE
compels, directly or
be considered is whether laborer does not (MLR)
indirectly, or knowingly
the offenders act caused expressly request that he
permits to be forced or
annoyance, irritation, be paid by means of 1. That the offender is a
compelled, any of his or
torment, distress, or tokens or objects. manager, employee or
its laborers or
disturbance to the mind of servant;
employees to purchase
the person to whom it was
merchandise or
directed. 2. That he learns the
commodities of any kind
from him or from said secrets of his principal or
firm or corporation. master in such capacity;

3. That he reveals such


31 secrets.
TITLE TEN: CRIMES AGAINST PROPERTY

SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

ARTICLE 293 ARTICLE 294 4.(a) If the violence or ARTICLE 295 ARTICLE 296. DEFINITION ARTICLE 297.
WHO ARE GUILTY OF ROBBERY WITH VIOLENCE intimidation employed in ROBBERY WITH OF A BAND AND PENALTY ATTEMPTED AND
ROBBERY AGAINST the commission of the PHYSICAL INJURIES, INCURRED BY THE FRUSTRATED
Robbery is the taking of OR INTIMIDATION OF robbery is carried to a COMMITTED IN AN MEMBERS THEREOF ROBBERY
personal property PERSONS degree UNINHABITED PLACE Outline: COMMITTED UNDER
belonging to another, with Acts Punished under this BY A BAND OR WITH 1. When at least four armed CERTAIN
intent to gain, by means of Article: clearly unnecessary for THE USE OF FIREARM malefactors take part in CIRCUMSTANCES
violence against, or 1.(a) When by reason or on the commission of the ON A STREET, ROAD the commission of a
intimidation of any person, occasion of the robbery, the crime; or OR ALLEY robbery, it is deemed Special Complex
or using force upon crime of homicide is (b) When in the course committed by a band. Crime: When by
anything. committed; of its execution, the Qualified Robbery with reason or on occasion
offender shall have Violence Against or 2. When any of the arms of an attempted or
Classification of (b) or when the robbery is inflicted upon ANY Intimidation of used in the commission of frustrated robbery, a
Robbery: accompanied by rape or PERSON NOT Persons: robbery is not licensed, homicide is committed.
1. Robbery with violence intentional RESPONSIBLE FOR Nos. 3, 4, and 5 of the penalty upon all
against, or intimidation ITS COMMISSION Article 294 if committed: malefactors shall be the The penalty is the
of persons (Arts. 294, 2.When by reason or on physical injuries covered maximum of the same whether the
297 and 298). occasion of such robbery any by subdivisions 3 and 4 1. In an uninhabited corresponding penalty robbery is attempted or
2. Robbery by use of of the physical injuries of Art. 263. place (despoblado); or provided by law without frustrated.
force upon things resulting in insanity, 2. By a band (en prejudice to the criminal
(Arts. 299 and 302). imbecility, impotency or When the person injured cuadrilla); or liability for illegal
blindness is inflicted. 3. By attacking a moving possession of firearms. ARTICLE 298
Elements of Robbery in (subdivision 1 of Art. 263) a. Becomes deformed, or train, street car, motor EXECUTION OF
general: b. Loses any other vehicle, or airship; or 3. Any member by a band DEEDS BY MEANS
1. That there be personal 3. When by reason or on member of his body, or 4. By entering the who was present at the OF
property occasion of robbery, any of c. Loses the use thereof, passengers commission of a robbery VIOLENCE OR
(bienes muebles) the physical injuries or compartments in a by the band, shall be INTIMIDATION
belonging to another; penalized in subdivision 2 of d. Becomes ill or train, or in any manner punished as principal of
Art. 263 is inflicted. incapacitated for the taking the passengers any assaults committed Elements:
2. That there is unlawful When the person injured performance of the by surprise in their by the band, unless it be
taking (apoderamiento or work in which he was respective shown that he attempted 1. That the offender
asportacion) of that a. Loses the use of speech habitually engaged for conveyances or to prevent the same. has intent to
property; or the power to hear or to more than 90 days, in 5. On a street, road, defraud another;
smell, or loses an eye, a consequence of the highway, or alley, and Requisites for liability for 2. That the offender
3. That the taking must be hand, a foot, an arm, or a physical injuries the intimidation is the acts of other members compels him to
with intent to gain leg; inflicted. made with use of of the band: sign, execute, or
(animus lucrandi); b. Loses the use of any such firearms, the offender 1. He was a member of the deliver any public
member; or 5.If the violence employed shall be punished by band; instrument or
4. That there is violence c. Becomes incapacitated for by the offender does not the maximum period or 2. He was present at the document;
against or intimidation of the work in which he was cause any of the serious the proper penalties commission of a robbery by 3. That the compulsion
any person or force used therefore habitually physical injuries defined prescribed in Art. 294. that band; is by means of
upon things. engaged, in consequence in Art. 263, or if the 3. The other members of that violence or
of the physical injuries offender employs bandcommitted an assault; intimidation.
inflicted; intimidation only. (simple 4. He did not attempt to
32 prevent the assault.
robbery)
SECTION TWO: ROBBERY WITH THE USE OF FORCE UPON THINGS

ARTICLE 299. ROBBERY (Subdivision B) ARTICLE 301 WHAT IS ARTICLE 302 ROBBERY ARTICLE 303 ROBBERY ARTICLE 305 FALSE
. IN AN INHABITED 1. Offender is inside a AN INHABITED HOUSE, IN AN UNINHABITED OF CEREALS, FRUITS, KEYS
HOUSE/PUBLIC BUILDING dwelling house, public PUBLIC BUILDING OR PLACE OR FIREWOOD IN AN
OR EDIFICE DEVOTED TO building or edifice devoted BUILDING DEDICATED OR IN A PRIVATE UNINHABITED PLACE Inclusions:
WORSHIP to religious worship, TO RELIGIOUS BUILDING OR PRIVATE BUILDING
regardless of the WORSHIP AND THEIR 1. Tools not mentioned
(Subdivision A) circumstances under which DEPENDENCIES 1. That the offender Penalty is 1 degree lower in the next preceding
1. The offender entered: he entered it. entered an uninhabited when cereals, fruits, or article
a. an inhabited house, Dependencies of place or a building which firewood are taken in
b. a public building or 2. The offender takes an inhabited was not a dwelling robbery with force upon 2. Genuine keys stolen
c. an edifice devoted to personal property house, house, not a public things. from the owner
religious worship belonging to another with public building building, or not an
intent to gain under any of or building edifice devoted to ARTICLE 304. 3. Any keys other than
the following dedicated to religious religious worship; POSSESSION OF those intended by the
2. The entrance was
circumstances: worship all interior PICKLOCKS owner for use in the
effected by any of the
courts, corrals, 2. That any of the following OR SIMILAR TOOLS lock forcibly opened
following means:
a. by the breaking of warehouses, granaries or circumstances was by the offender.
a. Through an opening not
internal doors, enclosed places present: 1. That the offender has in
intended for entrance or
wardrobes, chests, or 1.Contiguous to the his possession picklocks
egress;
any other kind of sealed building or edifice, a. The entrance was or similar tools;
b. By breaking any wall,
roof, floor, door, or furniture or receptacle 2.Having an interior effected through an
window; b. by taking such furniture entrance connected opening not intended for 2. That such picklocks or
c. By using false keys, or objects away to be therewith, and entrance or egress; similar tools are specially
picklocks or similar broken open outside the 3.Which form part of the b. A wall, roof, floor, or adopted to the
place of the robbery whole. outside door or window commission of robbery;
tools; or
d. By using any fictitious was broken;
name or pretending the ARTICLE 300. ROBBERY c. The entrance was 3. That the offender does
exercise of public IN AN UNINHABITED effected through the use not have lawful cause for
authority. PLACE AND BY A BAND of false keys, picklocks such possession.
or other similar tools;
3. That once inside the Under this Article, Robbery d. A door, wardrobe, chest,
building, the offender with Force Upon Things is or any sealed or closed
took personal property qualified when committed in furniture or receptacle
belonging to another with an uninhabited place AND by was broken; or
intent to gain a band, as distinguished e. A closed or sealed
from Qualified Robbery with receptacle wa removed,
Violence or Intimidation of even if the same be
Persons (Art. 295) which is broken open elsewhere;
committed in an uninhabited 3. That with intent to gain,
place OR by a band. the offender took
therefrom personal
property belonging to
another.
33
CHAPTER TWO: BRIGANDAGE

ARTICLE 306. ARTICLE 307 ARTICLE 308 WHO ARE LIABLE ARTICLE 309. ARTICLE 310 QUALIFIED ANTI CARNAPPING
BRIGANDAGE AIDING OR FOR THEFT PENALTIES THEFT ACT of 1972 (R.A.
.
ABETTING A BAND 6539)
1. There be at least four OF BRIGANDS 1. That there be taking of personal The basis of There is qualified theft in the
armed persons property; penalty in Theft following instances: Carnapping - taking,
2. They formed a band of 1. That there is a is: with intent to gain, of
robbers band of brigands; 2. That said property belongs to 1. If theft is committed by a motor vehicle
3. The purpose is any of another; 1. The value of the domestic servant belonging to another
the following: 2. That the offender thing stolen, and without the latters
a. To commit robbery in a knows the band to 3. That the taking be done with intent in some cases, 2. If committed with grave consent, or by means
highway; or be of brigands; to gain; abuse of confidence of violence against or
b. To kidnap persons for 2.The value and intimidation of persons,
the purpose of 3. That the offender 4. That the taking be done without the the nature of the 3. If the property stolen is (a) or by using force upon
extortion or to obtain does any of the consent of the owner; property taken, motor vehicle, (b) mail matter things.
ransom; or following acts: or or (c) large cattle
c. To attain by means of 5. That the taking be accomplished If the OWNER,
force or violence any a. That he aids, without the use of violence against 3.The 4. If the property stolen consists DRIVER OR
other purpose abets, or protects or intimidation of persons or force circumstances or of coconuts taken from the OCCUPANT of a
such band of upon things. causes that premises of plantation. carnapped vehicle is
Presumption of law as to brigands; impelled the killed or raped in the
brigandage: Theft is likewise committed by: culprit to commit 5. If the property stolen is taken course of the
All are presumed to be b. That he gives 1. Any person who, having found lost the crime from a fishpond or fishery commission of the
highway robbers or them information property, shall fail to deliver the carnapping or on the
brigands, if any of them on the movements same to the local authorities or to 6. If property is taken on the occasion thereof, the
carry unlicensed firearm. of the police or its owner occasion of fire, earthquake, penalty of reclusion
other peace typhoon, volcanic eruption, or perpetua to death shall
The only things to prove officers of the 2. Any person who, after having any other calamity, vehicular be imposed.
are: government; or maliciously damaged the property accident or civil disturbance
1. That there is an of another, shall remove or make Qualified Theft only:
organization of more c. That he acquires use of the fruits or object of the Elements: If material or physical
than three armed or receives damage caused by him; possession was given
persons forming a band property taken by 1. Taking of personal property; to the offender
of robbers; such brigands. 3. Any person who shall enter an 2. That the said property
2. That the purpose of the enclosed estate or a field where belongs to another; Estafa only: If material
band is any of those trespass is forbidden or which 3. That the said taking be done plus juridical
enumerated in Art. 306; belongs to another and without the with intent to gain; possession were given
3. That they went upon the consent of its owner; shall hunt or 4. That it be done without the to the offender
highway or roamed fish upon the same or shall gather owners consent;
upon the country for fruits, cereals, or other forest or 5. That it be accomplished
that purpose; farm products. without the use of violence or
4. That the accused is a intimidation against persons,
member of such band. nor of force upon things;
6. That it be done through the
above circumstances
34
CHAPTER THREE: THEFT

LAW ON ILLEGAL HIGHGRADING


CHAPTER THREE:OR THEFT
ANTI FENCING LAW PRESIDENTIAL DECREE PENALIZING TIMBER
CATTLE RUSTLING LAW
. of 1974 (P.D. 533) FISHING (P.D. 534) THEFT OF GOLD (P.D. (P.D. 1612) NO. 401 Penalizing the SMUGGLING OR
581) Elements: Unauthorized Installation ILLEGAL CUTTING OF
Cattle Rustling is Illegal Fishing the act of 1. Crime of robbery or of Water, Electrical or LOGS FROM PUBLIC
defined as the taking away any person to catch, take Highgrading or Theft of theft has been Telephone Connections, FORESTS AND FOREST
by means, method or or gather or cause to be Gold the act of any committed; the Use of Tampered RESERVES AS
scheme, without the caught, taken or gathered person who shall take gold- Water or Electrical QUALIFIED THEFT (P.D.
consent of fish or fishery/aquatic bearing ores or rocks from 2. Accused, who is not a Meters, and other Acts NO. 330)
the products in Philippine a mining claim or mining principal or accomplice
owner/raiser, of any large waters with the use of camp or shall remove, in the commission of Acts punished: Any person, whether
cattle whether or not for explosives, obnoxious or collect or gather gold- the crime of robbery or 1. The use of tampered natural or juridical who
profit or gain, or whether poisonous substances or bearing ores or rocks in theft, buys, receives, water or electrical meters directly or indirectly cuts,
committed with or without by the use of electricity. place or shall extract or possesses, keeps, to steal water or gathers, removes, or
violence against or remove the gold; from such acquires, conceals, electricity; smuggles timber, or other
intimidation of persons or Dealing in illegally ores or rocks, or shall sells, or disposes of, or forest products, either from
force upon things. It caught fish or prepare and treat such shall buy and sell, or in 2. The stealing or pilfering any of the public forest,
includes the killing of large fishery/aquatic products ores or rocks to recover or any other manner deal of water and/or electrical forest reserves and other
cattle or taking it as meat any person who extract the gold content any article, item, object meters, electric and/or kinds of public forest,
or hide without the consent possesses or deals in, thereof, without the or anything of value telephone wires; whether under license or
of the owner/raiser. sells or in any manner consent of the operator of which he knows, or lease, or from any
disposes of, for profit , any the mining claim. should be known to 3. Knowingly possessing privately owned forest land
fish, fishery/aquatic him, to have been stolen or pilfered water in violation of existing
products which have been Presumption: derived from the and/or electrical meters laws, rules and regulations
Presumption of Cattle illegally caught, taken or Unauthorized possession proceeds of said crime; and stolen or pilfered shall be guilty of the crime
Rustling: Failure to exhibit gathered. by any person within a electric and/ or telephone of qualified theft.
the required documents by mining claim or mining 3. Accused knows or wires.
any person having in his camp of gold-bearing ores should have known that
ARTICLE 311. THEFT OF
possession, control, or or rocks or of gold said article, item, object Theft of electricity can
custody of large cattle, THE PROPERTY OF THE
extracted or removed from or anything of value has also be committed by any
upon demand by NATIONAL LIBRARY
such ores or rocks shall be been derived from the of the following means:
competent authorities shall prima facie evidence that proceeds of theft or AND NATIONAL
be prima facie evidence they have been stolen robbery; 1. Turning back the dials of MUSEUM
that the large cattle in his from the operator of a the electric meter; Theft of property on
possession, control and mining claim (Sec. 2). 4. Accused has intent to 2. Fixing the electric meter National Library and
custody are the fruits of gain for himself or in such a manner that it Museum has a fixed
the crime of cattle rustling. another will not register the penalty regardless of its
actual electric value. But if the crime is
Presumption of Fencing. consumption; committed with grave
Mere possession of any 3. Under-reading of electric abuse of confidence, the
good, article, item, object, consumption; and penalty for qualified theft
or anything of value which 4. Tightening screw or shall be imposed, because
has been the subject of rotary blades to slow Art 311 says unless a
robbery or thievery shall be down the rotation of the higher penalty should be
prima facie evidence of same provided under the
35 fencing. provisions of this Code.
CHAPTER FIVE:
CULPABLE CHAPTER SIX: SWINDLING AND OTHER DECEITS
CHAPTER FOUR: USURPATION INSOLVENCY

ARTICLE 312 ARTICLE 313. ARTICLE 314. ARTICLE 315 I. B. Estafa with abuse C. Estafa by taking
OCCUPATION OF REAL ALTERING FRAUDULENT SWINDLING/ ESTAFA Estafa with of confidence. Article undue advantage of
. PROPERTY OR BOUNDARIES OR INSOLVENCY Unfaithfulness or 315 No.1-B) the signature in blank
USURPATION OF REAL LANDMARK Elements in general: Abuse of Confidence (Article 315, No. 1-C)
RIGHTS IN PROPERTY 1. That the offender 1. That money, goods,
1. That there be is a debtor, that is, 1. That the accused A. Estafa with or other personal 1. That the paper with
1. That the offender takes boundary marks or he has obligations defrauded another unfaithfulness (Article property be received the signature of the
possession of any real monuments of due and by abuse of 315, No. 1-A) by the offender in offended party be in
property or usurps any towns, provinces, or demandable; confidence, or by trust, or on blank;
real rights in property; estates, or any other means of deceit; 1. That the offender commission, or for
marks intended to 2. That he absconds has an onerous administration, or 2. That the offended
2. That the real property or designate the with his property; 2. That the damage or obligation to deliver under any other party should have
real rights belong to boundaries of the prejudice capable of something of value; obligation involving delivered it to the
another; same; 3. That there be pecuniary the duty to make offender;
prejudice to his estimation is 2. That he alters its delivery of, or to
3. That violence against or 2. That the offender creditors. caused to the substance, quantity return, the same; 3. That above the
intimidation of persons alters said boundary offended party or or quality; signature of the
is used by the offender marks. third persons. 2. That there be offended party a
in occupying real 3. That damage or misappropriation or document is written
property or usurping Damage or prejudice prejudice capable of conversion of such by the offender
real property or may consist of: pecuniary estimation money or property without authority to
usurping real right in is caused to the by the offender, or do so;
property; 1. Offended party offended party or denial on his part of
being deprived of third persons. such receipt; 4. That the document
4. That there is intent to his money or so written creates a
gain. property as a result 3. That such liability of, or causes
of the defraudation; misappropriation or damage to the
Acts punishable under conversion or denial offended party or
Article 312: 2. Disturbance in is to the prejudice of any third person.
property rights; another;
1. By taking possession of
any real property 3. Temporary 4. That there is
belonging to another by prejudice. demand made by the
means of violence offender party to the
against or intimidation offender.
of persons.

2. By usurping any real


rights in property
belonging to another by
means of violence
against or intimidation
of persons.

36
CHAPTER SIX: SWINDLING AND OTHER DECEITS

Definition of Terms II. Ways of commission: B. Art. 315 No. 2 (B) BOUNCING CHECKS
1. Misappropriation (M) Estafa by Means of A. Art. 315 No. 2 (A): LAW (B.P. Blg. 22)
- the act of 1. If the offender has Deceit (Article 315, No. 1. By using a fictitious name. By altering, the quality, Offenses Punished
. taking something f been given Material 2) fineness or weight of under BP 22:
or ones own Possession of the 2. By falsely pretending to anything pertaining to his
benefit personal property and 1. That there must be possess (a) power, (b) business A. Making or Drawing
he Misappropriates false pretense, influence, (c) qualifications, and issuing a check
2. Conversion - the act the same, he is liable fraudulent act or (d) property, (e) credit, (f) C. Art. 315 No. 2 (C) knowing at the time of
of using or for the crime of fraudulent means; agency, (g) business or By pretending to have issue that he does not
disposing of anoth THEFT. imaginary transactions. bribed any Government have sufficient funds.
ers property as it 2. That such false employee
was ones own; MP + M = Theft pretense, act or 3. By means of other similar Elements:
thing has been de fraudulent means deceits. D. Art. 315 No. 2 (D) 1. That a person makes
voted to a purpose or 2. If the offender has must be made or or draws and issues
use other than that been given Juridical executed prior to or ILLEGAL RECRUITMENT 1. That the offender any check to apply on
agreed upon. Possession and simultaneously with Under the Migrant Workers postdated a check, account or for value.
Material Possession the commission of Act (R.A. No. 8042) OR issued a check in
3. Material Possession of the personal fraud. Illegal Recruitment Any act payment of an 2. That the person
(MP) The actual property and he of canvassing, enlisting, hiring, obligation knows that at the time
physical possession Misappropriates the 3. That the offended or procuring workers, including of issue he does not
of personal property, same, he is liable for party must have referring contract services, 2. That such postdating have sufficient funds
where the possessor the crime of ESTAFA. relied on the false promising or advertising for or issuing a check or credit with the
cannot claim a better pretense, fraudulent employment abroad, whether was done when the drawee bank for the
right to such property JP + MP + M = Estafa act, or fraudulent for profit or not, when offender had no funds payment of such
than that of its owner. means, that is, he undertaken by a non-licensee in the bank, or his check upon its
3. If the person has been was induced to part or non-holder of authority. funds deposited presentment
4. Juridical Possession given the Ownership, with his money or therein were not
(JP) Is present Juridical Possession, property because of Any such non-licensee or non- sufficient to cover the 3. That the check is
when the possession and Material fraudulent means; holder of authority who, for a amount of the check subsequently
of the personal Possession of the fee, offers and promises dishonored by the
property arises from a personal property and 4. That as a result employment abroad to two or drawee bank for
lawful causation, he Misappropriates the thereof, the offended more persons shall be deemed insufficiency of funds
contract or same, he is NOT party suffered so engaged in illegal or credit, or would
agreement, express criminally liable and damage. recruitment. have been
or implied, written or incurs only a CIVIL dishonored for the
unwritten or by virtue LIABILITY. Economic Sabotage: same reason had not
of a provision of law. 1. Illegal recruitment by the drawer, without
O + JP + MP + M = NO syndicate committed by a any valid reason,
5. Ownership (O) CRIME group of three (3) or more ordered the bank to
There is ownership of persons conspiring or stop payment.
the personal property confederating with one
when there is no another.
obligation to return 2. Large Scale Illegal
exactly the same Recruitment committed
property given or lent against three (3) or more
37 to the possessor. persons.
CHAPTER SIX: SWINDLING AND OTHER DECEITS

Requisites for Criminal Failing to keep E. Art. 315, No. 2(E) III. B. Estafa by resorting ARTICLE 316
Liability under BP 22: sufficient funds to Estafa Through the to some fraudulent OTHER FORMS OF
. 1. A person makes, cover the full amount 1. By obtaining food, Following Means practice to insure SWINDLING
draws or issues a of the check. refreshment or success in gambling Persons liable:
check as payment for accommodation at A. Estafa by inducing (Article 315 No. 3B)
account or for value. 1. That a person has hotel, inn, restaurant, another to sign any 1. Any person who,
sufficient funds with boarding house, document (Article 315 C. Estafa by removing, pretending to be the
2. That the check was the drawee bank lodging house or No. 3A) concealing or owner of any real
dishonored by the when he makes or apartment house destroying documents property, shall convey,
bank due to a lack of draws and issues a without paying 1. That the offender (Article 315 No. 3C) sell, encumber or
funds, insufficiency of check thereof, with intent to induced the offended mortgage the same.
funds or account defraud the proprietor party to sign a 1. That there be court
already closed. 2. That he fails to keep or manager thereof document; record, office files,
sufficient funds or to documents or any a. That the thing be
3. The payee or holder maintain a credit to 2. By obtaining credit at 2. That deceit be other papers; immovable, such as a
of such check gives a cover the full amount any of the said employed to make parcel of land or a
written notice of if presented within a establishments by the him sign the 2. That the offender building; (property
dishonor and demand period of 90 days use of any false document; removed, concealed must actually exist)
for payment. from the date of pretense or destroyed any of
appearing thereon. 2. That the offended them; b. That the offender who
4. That the maker, 3. By abandoning or party personally is not the owner of
drawer or issuer, after 3. That the check is surreptitiously signed the document; 3. That the offender had said property should
receiving such notice dishonored by the removing any part of intent to defraud represent that he is
and demand, refuses drawee bank his baggage from any 3. That prejudice be another. the owner thereof
or fails to pay the of the said caused.
value of the check establishment after c. That the offender
within FIVE obtaining credit, food, should have executed
BANKING DAYS. refreshment or an act of ownership
accommodation (selling, leasing,
therein, without encumbering or
paying therefor. mortgaging the real
property);

d. That the act be made


to the prejudice of the
owner or a third
person

38
CHAPTER SIX: SWINDLING AND OTHER DECEITS CHAPTER SEVEN: CHATTEL MORTGAGE

2. Any person who, 3. The owner of any personal 6. Any person who ARTICLE 317. ARTICLE 319. REMOVAL, B. Sale or Pledge of
knowing that real property who shall shall sell, mortgage or SWINDLING A MINOR SALE OR PLEDGE OF Mortgaged Property
. property is wrongfully take it from its encumber real MORTGAGED PROPERTY
encumbered, shall lawful possessor, to the property with which 1. That the offender By selling or pledging
dispose of the same, prejudice of the latter or any the offender takes a dvantage of Acts punishable: personal property
although such third person. guaranteed the the inexperience or already pledged, or any
encumbrance be not fulfillment of his emotions or feelings of A. Removal of Mortgaged part thereof, under the
recorded. a. That the offender is the obligation as surety. a minor; Property terms of the Chattel
owner of personal property; Mortgage Law, without
a. That the thing a. That the offender is a 2. That he induces such By knowingly removing any the consent of the
disposed of be real b. That said personal property surety in a bond minor to assume an personal property mortgaged mortgagee written on the
property. is in the lawful possession of given in a criminal or obligation, or to give under the Chattel Mortgage back of the mortgage
another; civil action; release, or to execute Law to any province or city and noted on the record
b. That the offender a transfer of any other than the one in which it is thereof in the office of
knew that the real c. That the offender wrongfully b. That he guaranteed property right; located at the time of the register of deeds of
property was takes it from its lawful the fulfillment of such execution of the mortgage, the province where such
encumbered, whether possessor; (if from unlawful obligation with his 3. That the consideration without the written consent of property is located.
the encumbrance is possessor, Article 429 of the real property or is some loan of the mortgagee or his
recorded or not. Civil Code applies) properties; money, credit, or other executors, administrators or Elements:
(principle of personal property; (if assigns.
constructive notice d. That prejudice is thereby c. That he sells, real property, Article 1. Personal property is
does not apply) caused to the possessor or mortgages, or, in any 318 applies; minor Elements: pledged under
third person. manner encumbers cannot convey real Chattel Mortgage
c. That there must be said real property; property without 1. That personal property is Law;
express judicial authority) mortgaged under Chattel
representation by the d. That such sale, Mortgage Law; 2. Offender, who is the
offender that the real mortgage or 4. That the transaction is mortgagor, sells or
property is free from 4. Any person who, to the encumbrance is (1) to the detriment of 2. That the offender knows pledges the same
encumbrance. prejudice of another, shall without express such minor that such property is so property or any part
execute any fictitious authority from the mortgaged; thereof;
d. That the act of contract. court, or (2) made
disposing of the real before the 3. That he removes such 3. No consent of
property be made to cancellation of his mortgaged personal mortgagee written on
the damage of bond, or (3) before property to any province or the back of the
another. being relieved from city other than the one in mortgage and noted
the obligation which it was located at the on the record thereof
contracted by him. time of the execution of the in the Office of the
5. Any person who shall mortgage; Register of Deeds.
accept any compensation for
services not rendered or for 4. That the removal is
labor not performed. permanent;

5. That there is no written


consent of mortgagee,
executors, administrators or
39 assigns to such removal.
CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

4
0
ARTICLE 320-326- Destructive Arson (Art. 3. Any train or There is also Other cases of Arson: Prima facie evidence of Arson (Sec. 6,
B REPEALED BY 320, RPC) Burning of: locomotive, ship or Destructive Arson: (Sec. 3, PD 1613) Burning PD 1613):
PD 1613 vessel, airship or (Art. 320, RPC) of: 1. If the fire started simultaneously in more
1. One (1) or more airplane, devoted to 1. Any building used as than one part of the building or
PD 1613- buildings or edifices, transportation or 1. When the arson is offices of the establishment.
AMENDING THE consequent to one conveyance, or for committed by 2 or Government or any of
LAW ON ARSON single act of burning, or public use, more persons, its agencies. 2. If substantial amount of flammable
as a result of entertainment or regardless of substances or materials are stored
Kinds of Arson: simultaneous burnings, leisure. whether their 2. Any inhabited house or within the building not of the offender
1. Arson (Sec. 1, PD committed on several or purpose is merely to dwelling. nor for the household.
No. 1613) different occasions. 4. Any building, factory, burn or destroy the
warehouse building or the 3. Any industrial 3. If gasoline, kerosene, petroleum or
2. Destructive arson 2. Any building of public or installation and any burning merely establishment, shipyard, other flammable or combustible
(Art. 320, as private ownership, appurtenances constitutes an overt oil, well or mine shaft, substances or materials soaked
amended by RA devoted to the public in thereto, which are act in the platform or tunnel. therewith or containers thereof, or any
No. 7659 general or where devoted to the commission of mechanical, electrical, chemical, or
people usually gather or service of public another violation of 4. Any plantation, farm, electronic contrivance designed to start
3. Other cases of congregate for a utilities. the law pasture land, growing a fire, or ashes or traces of any of the
arson (Sec. 3, PD definite purpose such crop or grain field, foregoing are found in the ruins or
No. 1613) as, but not limited to, 5. Any building the 2. When any person orchard, bamboo grove premises of the burned building or
official governmental burning of which is shall burn: or forest. property.
Arson when any function or business, for the purpose of a. Any arsenal,
person burns or sets private transaction, concealing or shipyard, 5. Any rice mill, sugar mill, 4. If the building or property is insured for
fire to the property commerce, trade destroying evidence storehouse or cane mill, or mill central. substantially more than its actual value
of another, or his workshop, meetings of another violation military powder or at the time of the issuance of the policy.
own property under and conferences, or of law, or for the fireworks factory, 6. Any railway or bus
circumstance which merely incidental to a purpose of ordnance, station, airport, wharf, or 5. If during the lifetime of the
expose to danger definite purpose such concealing storehouse, warehouse. corresponding fire insurance more than
the life or property of as but not limited to bankruptcy or archives or two fires have occurred in the same or
another. (Sec. 1, PD hotels, motels, transient defrauding creditors general museum Special Aggravating other premises owned or under the
1613) dwellings, public or to collect from of the Circumstance on Arson control of the offender and /or insured.
conveyances or stops insurance. Government. (Sec. 4, PD 1613):
or terminals, regardless 6. If shortly before the fire, a substantial
of whether the offender b. In an inhabited 1. If committed with intent portion of the effects insured and stored
had knowledge that place, any to gain. in a building or property had been
there are persons in storehouse or 2. If committed for the withdrawn from the premises except in
said building or edifice factory of benefit of another. the ordinary course of business.
at the time it is set on inflammable or 3. If the offender be
fire and regardless also explosive motivated by spite or 7. If a demand for money or other valuable
of whether the building materials. hatred towards the consideration was made before the fire
is actually inhabited or owner or occupant of in exchange for the desistance of the
not. the property burned. offender or for the safety of the person
4. If committed by a or property of the victim.
syndicate - planned or
carried out by three or
more persons

4
0
CHAPTER NINE: MALICIOUS MISCHIEF CHAPTER TEN: TITLE TEN: CRIMES AGAINST CHASTITY
MALICIOUS MISCHIEF
Attempted, frustrated or ARTICLE 327 ARTICLE 329 OTHER CHAPTER ONE: ADULTERY AND CONCUBINAGE
consummated arson: MALICIOUS MISCHIEF MISCHIEFS
ARTICLE 332 ARTICLE 333 ARTICLE 334
1. A person, intending to 1. That the offender Mischiefs not included in PERSON EXEMPT ADULTERY CONCUBINAGE
burn a wooden deliberately caused the next preceding article FROM CRIMINAL
structure, collects damage to the and are punished LIABILITY Who are liable? Who are liable?
some rags, soaks property of another; according to the value of 1. The married man
them in gasoline and damage caused. Crimes involved in the 1. The married woman 2. The woman who knew that
places them beside 2. That such act does not exemption: who engages in sexual the man was married.
the wooden wall of the constitute arson or ARTICLE 330 intercourse with a man
building. When he is other crimes involving DAMAGE AND 1. Theft not her husband. Elements:
about to light a match destruction; OBSTRUCTION TO 2. Swindling
to set fire to the rags, MEANS OF 3. Malicious mischief 2. The man who, 1. That the man must be
he is discovered by 3. That the act of COMMUNICATION knowing of the married;
another who chases damaging anothers Persons exempted: marriage of the
him away. property be committed Person liable: Any woman, has sexual 2. That he committed any of
merely for the sake of person who shall damage 1. Spouses, ascendants intercourse with her. the following acts:
damaging it. any railway, telegraph or and descendants, or
2. Any charring of the telephone lines. relatives by affinity on a. Keeping a mistress in
wood of a building, ARTICLE 328. the same line. Elements: the conjugal
whereby the fiber of SPECIAL CASES OF Qualifying dwelling (mistress must
the wood is destroyed, MALICIOUS circumstance: Damage 2. The widowed spouse 1. That the woman is live therein as such);
is sufficient. It is MISCHIEF shall result in the with respect to the married;
necessary that the (When Qualified) derailment of cars, property which b. Having sexual
wood should be collision or other accident belonged to the 2. That she has sexual intercourse under
ablazed. 1. Causing damage to deceased spouse intercourse with a man scandalous
obstruct the ARTICLE 331 before the same shall not her husband; circumstances with a
3. Setting fire to the performance of public DESTROYING OR have passed to the woman who is not his
contents of a building functions; DAMAGING STATUES, possession of 3. That as regards the wife (proof of actual
constitutes the PUBLIC MONUMENTS another. man with whom she sexual relations not
consummated crime of 2. Using poisonous or OR PAINTINGS has sexual required as long as it
setting fire of a corrosive substances; 3. Brothers and sisters intercourse, he must can be inferred);
building, even if no Persons liable: and brothers in law know her to be
part of the building 3. Spreading any 1. Any person who shall and sisters in law, if married. c. Cohabiting with her in
was burned. infection or contagion destroy or damage living together. any other place (as
among cattle; statues or any other husband and wife);
useful or ornamental 4. Stepfather, adopted
4. Causing damage to public monuments. father, natural 3. As regards to the woman,
the property of the children, concubine, she must know him to be
National Museum or 2. Any person who shall paramour included as married.
National Library, or to destroy or damage ascendants by
any archive or registry, any useful or affinity.
waterworks, road, ornamental painting
promenade, or any of a public nature.
other thing used in
41 common by the public.
CHAPTER TWO: ACTS CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE
OF LASCIVIOUSNESS
ARTICLE 336. ACTS ARTICLE 337 The following are the ARTICLE 338 ARTICLE 339. ANTI-SEXUAL ARTICLE 340
OF LASCIVIOUSNESS QUALIFIED OFFENDERS: SIMPLE ACTS OF HARRASMENT ACT CORRUPTION OF
SEDUCTION 1. Those who abused their SEDUCTION LASCIVIOUS- (R.A. No. 7877) MINORS (AS
1. That the offender authority: NESS WITH THE AMENDED BY BP
commits any act of Two classes: a. Persons in public 1. That the offended CONSENT OF THE Persons penalized: 92)
lasciviousness or 1. Seduction of a virgin authority party is over 12 OFFENDED Employer, employee, Prohibited acts to
lewdness; over 12 years and b. Guardian and under 18 PARTY manager, supervisor, promote or facilitate
under 18 years of c. Teacher years of age; teacher, professor, the prostitution or
2. That the act of age by persons who d. Person who, in any 1. That the offender instructor, coach, corruption of persons
lasciviousness is abuse their authority capacity, is entrusted with 2. That she must be commits acts of trainor, or any other under age to satisfy
committed against a or the confidence the education or custody of good lasciviousness or person having the lust of another.
person of either sex; reposed. of the woman seduced reputation, single lewdness; authority, influence,
or widow; or moral ascendancy Special Protection
3. That it is done under 2. Seduction of a sister 2. Those who abused 2. That the acts are over another in a of Children Against
any of the following by her brother or confidence reposed in 3. That the offender committed upon a work, education or Child Abuse Act
circumstances: descendant by her them: has sexual woman who is a training-related (R.A. 7610) Child
ascendant, a. Priest intercourse with virgin or single or environment. prostitution and
a.By using force or regardless of her b. House servant her; a widow of good attempt to commit
intimidation age and reputation. c. Domestic reputation, under Prohibited acts: child prostitution are
4. That it is 18 years of age Demanding, punished under this
b.When the offended Elements: 3. Those who abused their committed by but over 12 years, requesting, or Act.
party is deprived of relationship: means of deceit. or a sister or otherwise requiring
reason or otherwise 1. That the offended a. Brother who seduced his descendant any sexual favor Sec. 5. Child
unconscious party is a virgin; sister regardless of her from the other, Prostitution and
b. Ascendant who seduced reputation or age; regardless of other Sexual Abuse
c. By means of 2. She must be over his descendant whether the demand, Children whether
fraudulent 12 and under 18 c. A domestic is different 3. That the offender request, or male or female, who
machination or grave years of age; from a house servant, it accomplishes the requirement is for money, profit or
abuse of authority means any person living acts by abuse of accepted by the other consideration
3. That the offender under the same roof as a authority, object of the act. or due to the
d.When the offended had sexual member of the same confidence, coercion or influence
party is under 12 intercourse with her; household, and includes relationship or of any adult
years of age or is boarders or house-guests deceit. syndicate or group,
demented. 4. That there is abuse but not transients or indulge in sexual
of authority, visitors. intercourse or
confidence or d. The fact that the girl gave lascivious conduct
relationship on the her consent to the sexual are deemed to be
part of the offender. intercourse is no defense. children exploited in
In the same way, lack of prostitution and other
consent of the girl is not sexual abuse.
an element of the
offense.
e. The seduction of a sister
or descendant is known
as incest.
42
Persons liable: ARTICLE 341 WHITE CHAPTER FOUR: ABDUCTION CHAPTER FIVE: PROVISIONS RELATING TO THE
1. Those who engage in or SLAVE TRADE PRECEDING CHAPTERS OF TITLE ELEVEN
promote, facilitate or induce
Two Kinds of ARTICLE 343 ARTICLE 344 If a minor or
child prostitution which Prohibited acts:
Abduction: CONSENTED PROSECUTION OF incapacitated and
include, but are not limited to 1. Engaging in the
ABDUCTION THE CRIMES OF refuses to file either of
the following: business of
1. Forcible abduction ADULTERY, the next succeeding
prostitution;
(Art. 342) Elements: CONCUBINAGE, persons may file:
a. Acting as a procurer of a child
1. That the offended SEDUCTION,
prostitute; 2. Profiting by
2. Consented abduction party must be a ABDUCTION, RAPE a. Either of the parents
b. Inducing a person to be a prostitution;
(Art. 343) virgin; 2. That she AND ACTS OF
client of a child prostitute by
must be over 12 and LASCIVIOUSNESS b. Either of the
means of written or oral 3. Enlisting the services
under 18 years if age;
advertisements or other of women for the grandparents whether
ARTICLE 342. 1. Adultery and
similar means; purpose of paternal or maternal
FORCIBLE 2. That the taking away concubinage must be
c. Taking advantage of prostitution. side
ABDUCTION of the offended party prosecuted upon the
influence or relationship to
must be with her complaint signed by
procure a child as a c. Legal or judicial
1. That the person consent, after the offended spouse
prostitute; guardians
abducted is a woman; solicitation or cajolery (and in the absence
d. Threatening or using violence
regardless of her age, from the offender; of an express or
towards a child to engage d. The State, as parens
civil status, or implied pardon).
him/her as a prostitute; patriae when the
reputation; 3. That the taking away
e. Giving monetary offended party dies or
of the offended party 2. Seduction, abduction
consideration, goods or other
2. That the abduction is must be with lewd and acts of becomes
pecuniary benefit to a child
against her will; design. lasciviousness must incapacitated before
with the intent to engage such
be prosecuted upon she could file the
child in prostitution.
3. That the abduction is Crimes against the complaint signed complaint and she
with lewd design. Chastity where age by (and in the has no known
2. Those who commit the act of
and reputation of the absence of an parents,
sexual intercourse or
victim are immaterial: express pardon) grandparents or
lascivious conduct with a child
offended party guardians.
exploited in prostitution or
1. Acts of i. Even if a minor
subjected to other sexual
lasciviousness ii. If of legal age
abuse.
against the will of the and not
offended party or incapacitated, only
3. Those who derive profit or
against a sister or she can file
advantage therefrom, whether
descendant. complaint
as manager or owner of the
establishment where the
2. Qualified Seduction
prostitution takes place, or of
of sister or
the sauna, disco, bar, resort,
descendant.
place of entertainment or
establishment serving as a
3. Forcible Abduction.
cover or which engages in
prostitution in addition to the
activity for which the license
has been issued to said
43 establishment. RICARDO M. RIBO
JR.
CHAPTER FIVE: PROVISIONS RELATING TO THE ART ICLE 315 TITLE TWELVE: CRIMES AGAISNT THE CIVIL STATUS OF PERSONS
PRECEDING CHAPTERS OF TITLE ELEVEN SWINDLING/
CHAPTER TWO: ILLEGAL MARRIAGES
ESTAFACHAPTER ONE: SIMULATION OF BIRTHS
ARTICLE 345 ARTICLE 346 AND USURPATION OF CIVIL STATUS
CIVIL LIABILITY OF LIABILITY OF ARTICLE 349. ARTICLE 350 ARTICLE 351. PREMATURE
. PERSONS GUILTY OF ASCENDANTS,
Elements in general:
BIGAMY MARRIAGE MARRIAGES
ARTICLE 347 ARTICLE 348.
CRIMES AGAINST GUARDIANS, SIMULATION
1. That OF USURPATION OF CONTRACTED
the accused
CHASTITY TEACHERS, OR BIRTHS, CIVIL STATUS 1. That the offender AGAINST Persons liable:
defrauded
OTHER PERSONS SUBSTITUTION OF is legally married; PROVISIONS OF 1. A widow who married
another by abuse
Persons who are guilty ENTRUSTED WITH ONE CHILD FOR Usurping the civil LAWS (Illegal within 301 days from the
of confidence, or
of rape, seduction or THE CUSTODY OF THE ANOTHER, status of another is 2. That the marriage Marriage) date of the death of her
by means of
abduction shall also be OFFENDED PARTY CONCEALMENT OR committed by has not been husband, or before having
deceit;
sentenced: ABANDONMENT OF A assuming the dissolved or, in 1. That the offender delivered if she is pregnant
Persons who cooperate2. LEGITIMATE CHILD filiation, or the case the spouse is contracted at the time of his death.
That the damage
1. To indemnify the as accomplices but are parental or conjugal absent the absent marriage;
or prejudice
offended woman; punished as principals in Acts punished: rights of another spouse could not 2. A woman whose marriage
capable of
rape, seduction, with intent to enjoy yet be presumed 2. That he knew at the having been annulled or
pecuniary
2. To acknowledge the abduction, acts of 1. Simulation of births; the rights arising dead according to time that: dissolved, married before
estimation is
offspring, EXCEPT: lasciviousness, acts of from the civil status the Civil Code; delivery or before
caused to the
lasciviousness with the 2. Substitution of one of the latter. a. The requirements expiration of the period of
offended party or
a. In adultery and consent of the offended child for another; and 3. That he contracts of the law were 301 days after the date of
third persons.
concubinage since party, corruption of Crime is qualified if a second marriage not complied with; legal separation.
only a natural child minors, white slave 3. Concealing
Damage or prejudice or the purpose is to or subsequent or
may be trade: mayconsistabandoning any defraud offended marriage; and b. The marriage was ARTICLE 352.
of:
acknowledged legitimate child with parties and heirs. in disregard of a PERFORMANCE OF
1. Ascendants, intent
1. Offended to cause such 4. That the second or legal impediment. ILLEGAL MARRIAGES
party
b. Where either the 2. Guardians, child to lose subsequent
being deprived of its civil Priests or ministers of any
offended party or the 3. Curators, teachers, marriage has all QUALIFYING
his status.
money or religious denomination or
accused is married and the essential CIRCUMSTANCE: if
property as a sect, or civil authorities who
4. Any person, who In the ofthird requisites for either of the
result the way of shall perform or authorize
c. When paternity cooperates as committing this crime, validity. contracting parties
defraudation; any legal marriage
cannot be determined accomplice with abuse three requisites must obtains the consent of
ceremony shall be
as in multiple rape of authority or2. be present, namely: the other by means of
Disturbance in punished under the
confidential relationship. violence, intimidation
property rights; Marriage Law.
d. Other instances 1. The child must be or fraud.
Art. 352 presuppose that
where the law should legitimate;
3. Temporary the priest or minister or civil
prevent the offender
prejudice. authority is authorized to
from doing so; 2. The offender conceals solemnize marriages. If the
or abandons such accused is not authorized
In every case to child; and to solemnize marriage and
support the offspring.
he performs an illegal
3. The offender has the marriage ceremony, he is
intent to cause such liable under Art. 177
child to lose its civil (usurpation of authority or
status. public function).

44
TITLE THIRTEEN: CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL
SECTION ONE DEFINITIONS, FORMS, AND PUNISHMENT OF THIS CRIME
ARTICLE 353 LIBEL ARTICLE 354 REQUIREMENT Requisites of the first Requisites of the THE ANTI-WIRE ARTICLE 358
FOR PUBLICITY kind of privileged second kind of TAPPING ACT (R.A. No. SLANDER
1. That, there must be an communication: privileged 4200) (oral defamation)
imputation of a crime, or Every Defamatory Imputation is communication: Unlawful acts by any
a vice or defect, real or Presumed to be Malicious, Even 1. That the person who person or participant, not Kinds:
imaginary, or any act, if it be True. made the 1. That it is fair and authorized by all the 1. Simple slander
omission, condition, communication had true report of a parties to any private
status or circumstance; The PRESUMPTION is rebutted a legal, moral or judicial, legislative, communication or 2. Grave slander, when it
if it is shown by the accused social duty to make or other official spoken word: is of a serious and
2. That the imputation must that the communication, proceedings which insulting nature
be made publicly; 1. The defamatory imputation is or, at least, he had are not of a 1. To tap any wire or cable.
true, in case the law allows an interest to be confidential nature, Factors that determine
3. That it must be proof of the truth of the upheld; or of a statement, 2. To use any other device the gravity of the oral
malicious; imputation (see Art. 361); report or speech or arrangement to defamation:
2. That the delivered in said secretly overhear,
4. That the imputation must 2. It is published with good communication is proceedings, or of intercept or record such 1. Expressions used;
be directed at a natural intention; addressed to an any other act communication by using 2. Personal relations of
person or a juridical officer or a board, or performed by a a device known as the accused and the
person, or one who is 3. There is justifiable motive for superior, having public officer in the dictaphone, dictagraph, offended party;
dead; making it. some interest or duty exercise of his detectaphone, walkie- 3. Circumstances
in the matter; functions; talkie or tape-recorder. surrounding the case;
5. That the imputation must MALICE is not presumed in the 4. Social standing and
tend to cause the following cases involving 3. That the statements 2. That it is made in 3. To knowingly possess position of the
dishonor, discredit, or qualifiedly privileged in the good faith; any tape/wire or disc offended party.
contempt of the person communication: communication are record of any
defamed. 1. Private communication made made in good faith. 3. That it is without any communication or
by any person to another in the comments or spoken word or copies
Test of defamatory performance of any legal, moral remarks. thereof.
imputation: or social duty.
A charge is sufficient if the 4. To replay the same for
words are calculated to 2. A fair and true report, made in Under Republic Act any person or persons.
induce the hearers to good faith, without any No. 1477:
suppose and understand comments or remarks, of any A newspaper reporter 5. To communicate the
that the person against judicial, legislative, or other cannot be compelled to contents thereof, verbally
whom they were uttered proceedings which are not of reveal the source of the or in writing.
was guilty of certain confidential nature or of any news report he made,
offenses, or are sufficient to statement, report, or speech unless the court or a 6. To furnish transcriptions
impeach the honesty, virtue delivered in said proceedings, House or committee of thereof, whether
or reputation, or to hold him or of any other act performed Congress finds that complete or partial.
up to public ridicule. by public officers in the such revelation is
exercise of their functions. demanded by the Exception: When a peace
security of the state. officer is authorized by
written order from the
court.
SECTION TWO: GENERAL PROVISIONS CHAPTER TWO: INCRIMINATORY
MACHINATIONS
ARTICLE 359 SLANDER ARTICLE 360. ARTICLE 361 PROOF
. BY DEED PERSONS OF TRUTH ARTICLE 363. ARTICLE 364
Slander by Deed is a RESPONSIBLE FOR INCRIMINATING INTRIGUING AGAINST
crime committed by LIBEL When proof of the INNOCENT PERSONS HONOR
performing any act which truth is admissible in a
casts dishonor, discredit 1. The person who charge for Libel: 1. That the offender Committed by any
or contempt upon another publishes, exhibits or performs an act; person who shall make
person. causes the publication 1. When the act or any intrigue which has
or exhibition of any omission imputed 2. That by such act he for its principal purpose
Elements: defamation in writing constitutes a crime directly incriminates or to blemish the honor or
1. That the offender or similar means. regardless of whether imputes to an reputation of another.
performs any act not the offended party is a innocent person the
included in any other 2. The author or editor of private individual or a commission of a This refers to such int
crime against honor; a book or pamphlet. public officer. crime; rigues against a perso
ns honor or reputation
2. That such act is 1. The editor or business 2. When the offended 3. That such act does which are not otherwise
performed in the manager of a daily party is a Government not constitute perjury punished under other
presence of other newspaper magazine employee, even if the articles of the code. It
persons; or serial publication. imputation does not differs from defamation
constitute a crime, in that it consists of
3. That such act cast 2. The owner of the provided it is related tricky or secret plots and
dishonor, discredit, or printing plant which to the discharge of his may be committed
contempt upon the publishes a libelous official duties. without using written or
offended party. article with his spoken words which are
consent and all other defamatory
Slander by deed is of persons who in any ARTICLE 362
two kinds: way participate in or LIBELOUS REMARKS
have connection with
its publication. Libelous remarks or
1. Simple slander by
deed; or comments connected
2. Grave slander by with the matter
deed, that is, which is privileged under the
provisions of Art. 354, if
of a serious nature.
made with malice, shall
not exempt the author
thereof nor the editor or
managing editor of a
newspaper from criminal
liability
TITLE FOURTEEN: QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL NEGLIGENCE

. ARTICLE 365 Reckless Imprudence Simple Imprudence Qualifying Circumstance:


IMPRUDENCE AND consists in voluntarily but consists in the lack of Failing to lend help. It
NEGLIGENCE without malice, doing or precaution displayed in raises the penalty one
failing to do an act from those cases in which the degree higher.
Four ways of which material damage damage impending to be
committing quasi- results by reason of caused is not immediate Except: Sec. 55 of RA
offenses under Art inexcusable lack of nor the danger clearly 4136, the driver can leave
365: precaution on the part of the manifest. his vehicle without aiding
person performing or failing the victims if:
1. By committing through to perform such act, taking Elements:
reckless imprudence into consideration his 1. He is in imminent
any act which, had it employment or occupation, 1. That there is lack of danger of being harmed,
been intentional, degree of intelligence, precaution on the part of
would constitute a physical condition and other the offender. 2. He wants to report to the
grave or less grave circumstances regarding nearest officer of the
felony or light felony; persons, time and place. 2. That the damage law, or
impending to be caused
2. By committing through Elements: is not immediate nor the 3. He desires to summon a
simple imprudence or 1. That the offender does or danger clearly manifest. physician or a nurse for
negligence an act fails to do an act. medical assistance to
which would otherwise the injured.
constitute a grave or 2. That the doing of or the
less serious felony; failure to do that act is
voluntary.
3. By causing damage to
the property of 3. That it be without malice.
another through
reckless imprudence 4. That material damage
or simple imprudence results.
or negligence;
5. That there is inexcusable
4. By causing through lack of precaution on the
simple imprudence or part of the person
negligence some performing or failing to
wrong which, if done perform such act taking
maliciously, would into consideration
have constituted a
light felony Employment or
occupation.
Degree of intelligence,
physical condition, and
Other circumstances
47 regarding persons, time
and place R
I
C
A