San Beda Crim 2 PDF

San Beda College of Law 55
MEMORY AID IN CRIMINAL LAW
BOOK TWO
Chapter One: Crimes Against National prosecuted for acts of treason due to the
Security (Arts. 114-123) temporary allegiance he owes to the
Philippine government.
Section One Treason and espionage
MEANING OF aid or comfort
ART. 114-TREASON An act which strengthens or tends to
strengthen the enemy in the conduct of
ELEMENTS: war against the traitors country or any
1. That the offender owes allegiance to act which weakens or tends to weaken
the Government of the Philippines the power of the traitors country to
2. That there is a war in which the resist or to attack the enemy
Philippines is involved
3. That the offender either (modes of Ways of proving Treason (overt act):
committing) 1. Testimony of two witnesses, at least,
a.) levies war against the to the same over act (two-witness
government; or rule); or
b.) adheres to the enemies, giving 2. Confession of guilt in open court
them aid or comfort.
Adherence may be proved:
Ways of being committed 1. by one witness;
1. Levying war 2. from the nature of the act itself, or
Means that there be an actual 3. from the circumstances surrounding
assembling of men for the the act.
purpose of executing a
treasonable design by force Reason for the two-witness rule: The
2. Adherence to the enemy rendering special nature of the crime of treason
him aid and comfort requires that the accused be afforded a
Means that there be intent to special protection not required in other
betray. There is adherence to cases so as to avoid a miscarriage of
the enemy when a citizen justice. The extreme seriousness of the
intellectually or emotionally crime, for which death is one of the
favors the enemy and harbors penalties provided by law, and the fact
sympathies or convictions that the crime is committed in abnormal
disloyal to his countrys policy or times, when small differences may in
interest. mortal enmity wipe out all scruples in
The term alien applies only to sacrificing the truth.
the subjects of a foreign power.
It does not embrace rebels in Treason is a war crime, it is punished
insurrection against there own by the state as a measure of self-
country, for in that case the defense and self-preservation.
crime would be rebellion.
The levying of war must be with
Treason is a breach of allegiance to a intent to overthrow the government
government, committed by a person who as such, not merely to resist a
owes allegiance to it. particular statute or to repeal a
particular officer.
Allegiance is the obligation of fidelity It is not necessary that those
and obedience which the individual owe attempting to overthrow the
to the government under which they live government by force of arms should
or to their sovereign, in return for the have the apparent power to succeed
protection they receive. Hence an alien in their design, in whole or in part.
residing in the Philippines may be
CRIMINAL LAW COMMITTEE

CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
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Treason absorbs crimes committed in ART. 116- MISPRISION OF TREASON

furtherance thereof. ELEMENTS:
1. That the offender is a citizen of the
Emotional or intellectual sympathy Philippines
to the enemy, without giving the 2. That he has knowledge of any
enemy aid or comfort, is not conspiracy against the Government
treason. 3. That the conspiracy is one to commit
treason
There is no treason thru negligence. 4. That he conceals or does not disclose
The overt act of giving aid or and make known the same as soon as
comfort to the enemy must be possible to the proper authority.
intentional.
Art. 116 does not apply when treason
Mere acceptance of public office and is already committed and the
discharge of official duties under the accused does not report its
enemy do not constitute per se the commission.
felony of treason. But when the
position is policy-determining, the Offender is not punished as an
acceptance of public office and the accessory to treason but as a
discharge of official duties constitute principal in misprision.
treason.
ART. 117- ESPIONAGE
Treason committed in a foreign
country may be prosecuted in the TWO WAYS OF COMMITTING:
Philippines. (Art.2, RPC) 1. By entering, without authority, a
warship, fort, or military or naval
Treason by an alien must be establishment or reservation to
committed in the Philippines. (EO obtain any information, plan or other
44). data of confidential nature relative
to the defense of the Philippines.
Treason is a CONTINUOUS OFFENSE.
All overt acts of treason the accused ELEMENTS:
has committed constitute but a a) That the offender enters any of
single offense. the places mentioned therein;
b) That he has no authority
ART. 115- CONSPIRACY & therefore;
PROPOSAL TO COMMIT TREASON c) That his purpose is to obtain
information, plans, photographs
Committed when in time of war, two or other data of a confidential
or more persons come to an agreement nature relative to the defense of
and decide to commit it, or when one the Philippines.
person proposes to another: (1) to levy
war against the Government, or (2) to 2. By disclosing to the representative of
adhere to the enemies and to give them a foreign nation the contents of the
aid and comfort. articles, data or information
referred to in the preceding
As a general rule, conspiracy and paragraph, which he had in his
proposal to commit a felony is not possession by reason of the public
punishable (ART.8), Art 115 is an office he holds.
exception as it specifically penalizes
conspiracy and proposal to commit ELEMENTS:
treason. a) That the offender is a public
Two-witness rule does not apply officer;
because this is a separate and b) That he has in his possession the
distinct offense. articles, data or information
referred to in par. no. 1 of Art.
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Ethics)
117, by reason of the public 2. That such acts provoke or give

office he holds; occasion for (a) a war involving or
c) That he discloses their contents liable to involve the Philippines or
to a representative of a foreign (b) expose Filipino citizens to
nation. reprisals on their persons &
property.
COMMONWEALTH ACT 616 An Act to
Punish Espionage and Other Offenses Intention of the accused is
Against National Security immaterial.
This is committed in time of peace.
Espionage is the offense of gathering,
transmitting, or losing information ART. 119- VIOLATION OF
respecting the national defense with NEUTRALITY
intent or reason to believe that the
information is to be used to the injury of ELEMENTS:
the Republic of the Philippines or the 1. That there is a war in which the
advantage of a foreign nation. Philippines. is not involved,
2. That there is a regulation issued by a
Acts Penalized competent authority for the purpose
1. Unlawfully obtaining or permitting to of enforcing neutrality, and
be obtained information affecting 3. That the offender violates such
national defense regulation.
2. Unlawfully disclosing information
affecting national defense Neutrality a nation or power which
3. Disloyal acts or words in time of takes no part in a contest of arms going
peace on between others is referred to as
4. Disloyal acts or words in time war neutral.
5. Conspiracy to commit the preceding
acts There must be a regulation issued by
6. Harboring or concealing violators of competent authority for the
the Act. enforcement of neutrality. It is the
violation of such regulation which
Espionage distinguished from treason constitutes the crime.
ESPIONAGE TREASON
ART. 120- CORRESPONDENCE WITH
Both are crimes not conditioned by the HOSTILE COUNTRY
citizenship of the offender.
ELEMENTS:
May be committed Is committed only in 1. That it is made in time of war in
both in time of peace time of war.
which the Philippines is involved
and in time of war.
2. That the offender makes
May be committed in Is limited in two correspondence with the: (a) enemy
many ways. ways of committing country or (b) territory occupied by
the crime: levying the enemy troops
war, and adhering to 3. That the correspondence is either:
the enemy giving a) prohibited by the Government,
him aid or comfort or
b) carried on in ciphers or
Section Two Provoking war and conventional signs containing
disloyalty in case of war data which might be useful to
the enemy.
ART. 118- INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS Correspondence communications by
ELEMENTS: means of letters; or it may refer to the
1. That the offender performs unlawful letters which pass between those who
or unauthorized acts; and have friendly or business relations.

Even if the correspondence contains high seas or in Philippine waters the

innocent matters, if the whole or part of its cargo, its
correspondence has been prohibited equipment or personal belongings of
by the government, it is punishable its complement or passengers.
because of the possibility that some
information useful to the enemy ELEMENTS OF PIRACY:
might be revealed unwittingly. 1. That a vessel is on the high seas or
on Philippine waters
Circumstances qualifying the offense: 2. That the offenders are not members
The following must concur: of its complement or passengers of
1. That the notice or information the vessel
might be useful to the enemy. 3. That the offenders
2. That the offender intended to a) attack or seize the vessel or
aid the enemy. b) seize the whole or part of the
cargo of said vessel, its
ART. 121- FLIGHT TO ENEMYS equipment or personal
COUNTRY belongings of its compliment
or passengers
ELEMENTS:
1. That there is a war in which the High seas waters which are beyond the
Philippines is involved. boundaries of the low-water mark.
2. That the offender owes allegiance to - parts of the sea that are
the Government. not included in the exclusive economic
3. That the offender attempts to flee zone, in the territorial seas, or in the
or go to enemy country. internal waters of a state, or in the
4. That going to enemy country is archipelagic waters of an archipelagic
prohibited by the competent state (United Nations Convention on the
authority. Law of the Sea).
An alien resident may be guilty of
flight to enemy country, because an Philippine waters shall refer to all
alien owes allegiance to the bodies of water, such as but not limited
Philippine government albeit to seas, gulfs, bays, around, between
temporary. and connecting each of the islands of the
Mere attempt to flee or go to enemy Philippine Archipelago, irrespective of
country when prohibited by its depth, breath, length or dimension,
competent authority consummates and all waters belonging to the
the felony. Philippines by historic or legal title,
including territorial sea, the sea-bed,
Section Three Piracy and mutiny on the insular shelves, and other submarine
the high seas areas over which the Philippines has
sovereignty and jurisdiction. (Sec. 2,
ART. 122- PIRACY IN GENERAL & P.D. No. 532)
MUTINY ON THE HIGH SEAS
Piracy distinguished from robbery in
Piracy it is robbery or forcible the high seas
depredation on the high seas, without PIRACY ROBBERY ON THE
lawful authority and done with animo HIGH SEAS
furandi and in the spirit and intention of The offender is an The offender is a
universal hostility. outsider. member of the
complement or a
passenger of the
TWO WAYS OR MODES OF COMMITTING vessel.
PIRACY:
In both, there is intent to gain and the manner
1. By attacking or seizing a vessel on of committing the crime is the same.
the high seas or in Philippine waters;
2. By seizing in the vessel while on the

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Mutiny the unlawful resistance to a abandoned their victims without

superior, or the raising of commotions means of saving themselves
and disturbances on board a ship against 3. Whenever the crime is accompanied
the authority of its commander. by murder, homicide, physical
injuries, or rape
Piracy distinguished from mutiny
PIRACY MUTINY The crime referred to in the 3rd
The persons who They are members of element pertains to piracy and
attack a vessel or the crew or mutiny on the high seas.
seize its cargo are passengers.
strangers to the Qualified piracy is a SPECIAL
vessels. COMPLEX CRIME punishable by
Intent to gain is The offenders may reclusin perpetua to death,
essential. only intend to ignore regardless of the number of victims.
the ships officers or
they may be prompted Piracy is a crime not against any
by a desire to commit particular state but against all
plunder.
mankind. It may be punished in the
competent tribunal of any country
Pursuant to Art 122, as amended by where the offender may be found or
P.D. 532, Piracy and Mutiny may be into which he may be carried.
committed in Philippine waters.
ANTI-HIJACKING LAW
PD 532 (ANTI-PIRACY AND ANTI- REPUBLIC ACT 6235
HIGHWAY ROBBERY LAW OF 1974)
ACTS PUNISHED:
Vessel any vessel or watercraft used 1. usurping or seizing control of an
for (a) transport of passengers and cargo aircraft of Philippine registry while
or (b) for fishing. it is in flight; compelling the pilots
thereof to change its course or
Punishes the act of AIDING OR destination
ABETTING PIRACY. 2. usurping or seizing control of an
Requisites: aircraft of foreign registry, while
1. Knowingly aids or protects within Philippine territory,
pirates; compelling the pilots thereof to land
2. Acquires or receives property in any part of Philippine territory
taken by such pirates, or in any 3. carrying or loading on board an
manner derives any benefit aircraft operating as a public utility
therefrom; passenger aircraft in the Philippines
3. Directly or indirectly abets the flammable, corrosive, explosive or
commission of piracy. poisonous substances; and
4. loading, shipping, or transporting on
NOTE: Under PD 532, piracy may be board a cargo aircraft operating as a
committed even by a passenger or public utility in the Philippines,
member of the complement of the flammable, corrosive, or poisonous
vessel. substance if not done in accordance
with the rules and regulations of the
Air Transportation Office.
ART. 123- QUALIFIED PIRACY
MEANING OF aircraft is in flight
ELEMENTS: From the moment all exterior doors are
1. Whenever the offenders have seized closed following embarkation until the
the vessel by boarding or firing upon same doors are again opened for
the same disembarkation.
2. Whenever the pirates have

TITLE TWO: CRIMES AGAINST THE 3. If the detention has continued for
FUNDAMENTAL LAW OF THE STATE more than 15 days but not more than
6 months.
All offenses in this Title are required 4. If the detention has exceeded 6
to be committed by public officers months.
except offending the religious
feelings Arrest without a warrant is the usual
cause of arbitrary detention.
Chapter One: Arbitrary Detention or
Expulsion, Violation of Dwelling,
Prohibition, Interruption, and ART. 125- DELAY IN THE DELIVERY
Dissolution of Peaceful Meeting and OF DETAINED PERSONS TO THE PROPER
Crimes Against Religious Worship (Arts. JUDICIAL AUTHORITIES
124-133)
ELEMENTS:
Section One Arbitrary Detention and 1. That the offender is a public officer
expulsion or employee
2. That he has detained a person for
ART. 124- ARBITRARY DETENTION some legal ground ( Sec. 5, Rule 113,
Rules of Court)
ELEMENTS: 3. That he fails to deliver such person
1. That the offender is a public officer to the proper judicial authorities
or employee within:
2. That he detains a person a) 12 hrs. for light penalties or
3. That the detention is without legal their equivalent.
grounds b) 18 hrs. for correctional penalties
or their equivalent.
Detention a person is detained when c) 36 hrs. for afflictive penalties or
he is placed in confinement or there is their equivalent.
restraint on his person.
Circumstances considered in
LEGAL GROUNDS FOR THE DETENTION determining liability of officer
OF PERSONS: detaining a person beyond legal period:
1. The commission of a crime 1. The means of communication as well
2. Violent insanity or other ailment as
requiring compulsory confinement of 2. The hour of arrest, and
the patient in a hospital 3. Other circumstances such as the
time of surrender and the material
The public officer liable for arbitrary possibility of the fiscal to make the
detention must be vested with investigation and file in time the
authority to detain or order the necessary information.
detention of persons accused of a
crime, but when they detain a MEANING OF proper judicial
person they have no legal grounds authorities
therefore. Refers to the courts of justice or judges
of said courts vested with judicial power
The penalty for Arbitrary Detention to order the temporary detention or
depends upon the period of detention confinement of a person charged with
involved, a greater penalty is imposed if having committed a public offense.
the period is longer as provided in the
following graduations, to wit: REASON FOR ART. 125
1. If the detention has not exceeded 3 It is intended to prevent any abuse
days. resulting from confining a person
2. If the detention has continued more without informing him of his offense and
than 3 days but not more than 15 without permitting him to go on bail.
days.

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If the offender is a private individual 3. That the offender without good

the crime is ILLEGAL DETENTION reason delays
under Art. 267 a) the service of the notice of such
If the detention is legal from the order to the prisoner,
beginning but no delivery of the b) the performance of such judicial
person detained is made to the or executive order for the
proper authorities after the lapse of release of the prisoner or
the prescribed periods, the c) the proceedings upon a petition
detention becomes illegal. for the release of such person.
Art. 125 is not applicable when the
arrest is by virtue of a warrant of
arrest in which case he can be ART. 127- EXPULSION
detained indefinitely.
Person arrested may request for a TWO ACTS PUNISHED:
preliminary investigation but must 1. By expelling a person from the
sign a waiver of Art. 125. Philippines.
Shall fail to deliver to proper 2. By compelling a person to change his
authorities means filing of an residence.
information against the person
arrested with the corresponding ELEMENTS:
court or judge. 1. That the offender is a public officer
or employee
Art. 125 distinguished from Art. 124 2. That he expels any person from the
ART. 124 ART. 125 Philippines, or compels a person to
The detention is The detention is legal change his residence
illegal from the in the beginning but 3. That the offender is not authorized
beginning. the illegality of the to do so by law
detention starts from
the expiration of any
of the periods of time Only the President of the Philippines
specified in Art. 125, is authorized to deport aliens under
without the person the Revised Administrative Code.
detained having been
delivered to the Only the court by a final judgment
proper judicial
authority. can order a person to change
residence
ART. 126- DELAYING RELEASE

SECTION TWO VIOLATION OF
THREE ACTS PUNISHED: DOMICILE
1. By delaying the performance of a
judicial or executive order for the
release of a prisoner. ART. 128 VIOLATION OF DOMICILE
2. By unduly delaying the service of the
notice of such order to said prisoner. PUNISHABLE ACTS:
3. By unduly delaying the proceedings 1. By entering any dwelling against the
upon any petition for the liberation will of the owner thereof; or
of such person. 2. By searching papers or other effects
found therein without the previous
ELEMENTS: consent of such owner; or
1. That the offender is a public officer 3. By refusing to leave the premises,
or employee after having surreptitiously entered
2. That there is a judicial or executive said dwelling and after having been
order for the release of a prisoner or required to leave the same.
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person

COMMON ELEMENTS: mentioned in Art. 128 must be found in

1. That the offender is public officer / the dwelling.
employee
2. That he is not authorized by judicial ART. 129- SEARCH WARRANTS
order to enter the dwelling and/ or MALICIOUSLY OBTAINED AND ABUSE IN
to make a search for papers and for THE SERVICE OF THOSE LEGALLY
other effects OBTAINED
QUALIFYING CIRCUMSTANCES: Punishable Acts:

1. If committed at nighttime 1. Procuring a search warrant without
2. If any papers or effects, not just cause
constituting evidence of a crime are ELEMENTS:
not returned immediately after a a) That the offender is a public
search is made by the offender. officer or employee.
b) That he procures a search
The offender must be a public warrant.
officer or employee. If he is a c) That there is no just cause.
private individual, the crime
committed is trespass to dwelling. 2. Exceeding his authority or by using
unnecessary severity in executing a
In the first mode, lack of consent search warrant legally procured
would not suffice as the law requires ELEMENTS:
that the offenders entry must be a) That the offender is a public
over the owners objection. officer or employee.
In the second mode, mere lack b) That he has legally procured a
of consent is sufficient. search warrant.
In the third mode, what is c) That he exceeds his authority or
punished is the refusal to leave, the uses unnecessary severity in
entry having been made executing the same.
surreptitiously.
Search warrant is an order in writing
It is believed, however, that if the issued in the name of the People of the
surreptitious entry had been made Philippines, signed by the judge and
through an opening not intended for directed to a peace officer, commanding
that purpose, the offender would be him to search for personal property
liable under the first mode since it is described therein and bring it before the
entry over the implied objection of court.
the inhabitant.
Test of lack of just cause
Although the Code speaks of the Whether the affidavit filed in support of
owner of the premises, it would be the application for search warrant has
sufficient if the inhabitant is the been drawn in such a manner that
lawful occupant using the premises perjury could be charged thereon and
as his dwelling, although he is not affiant be held liable for damages
the proprietary owner thereof. caused.
MEANING OF: A search warrant shall be valid for

against the will of owner ten (10) days from its date.
Presupposes opposition or prohibition by
the owner, whether express or implied. If the search warrant is secured
papers and other effects Art. 128 is through a false affidavit, the crime
not applicable when a public officer punished by this article cannot be
searched a person outside his dwelling complexed but will be a separate
without search warrant and such person crime from perjury since the penalty
is not legally arrested for an offense, herein provided shall be in addition
because the papers and other effects to the penalty of perjury.

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ART. 130- SEARCHING DOMICILE Section Four Crimes against religious

WITHOUT WITNESSES worship
ELEMENTS: ART. 132- INTERRUPTION OF

1. That the offender is a public officer/ RELIGIOUS WORSHIP
employee
2. That he searches the domicile, ELEMENTS:
papers or other belongings of any 1. That the offender is a public
person officer/employee,
3. That he is armed with a warrant 2. That religious ceremonies or
4. That the owner or any member is his manifestations of any religion are
family, or two witnesses residing in about to take place or are going on,
the same locality are not present and
3. That the offender prevents/disturbs
Art. 130 does not apply to searches the same.
of vehicles or other means of
transportation, because the searches Qualified by violence or threats
are not made in the dwelling.
If the prohibition or disturbance is
committed only in a meeting or rally
Section Three Prohibition, of a sect, it would be punishable
interruption, and dissolution of under Art.131.
peaceful meetings
ART.131-PROHIBITION, ART. 133- OFFENDING RELIGIOUS

INTERRUPTION, & DISSOLUTION OF FEELINGS
PEACEFUL MEETINGS ELEMENTS:
1. That the acts complained of were
Punishable Acts: performed
1. Prohibiting or interrupting, without a) in a place devoted to religious
legal ground the holding of a worship [not necessary that
peaceful meeting, or by dissolving there is religious worship] or
the same b) during the celebration of any
2. Hindering any person from joining religious ceremony,
any lawful association or from 2. That the acts must be notoriously
attending any of its meetings offensive to the feelings of the
3. Prohibiting or hindering any person faithful.
from addressing, either alone or Religious ceremonies are those
together with others, any petition to religious acts performed outside of a
the authorities for the correction of church, such as procession and special
abuses or redress of grievances prayers for burying dead person.
COMMON ELEMENTS: Acts notoriously offensive to the

1. That the offender is a public officer feelings of the faithful - the acts must
2. That he performs any of the acts be directed against religious practice or
mentioned above dogma or ritual for the purpose of
There is no legal ground to prohibit ridicule, as mocking or scoffing at or
when the danger is not imminent attempting to damage an object of
and the evil to be prevented is not religious veneration.
a serious one
May be committed by a public
Offender must be a stranger, and not officer or a private individual
a participant Offense of feeling is judged from
complainants point of view.

TITLE THREE: CRIMES AGAINST PUBLIC Giving aid and comfort is not
ORDER criminal in rebellion.
Chapter One: Rebellion, Coup detat, Rebellion distinguished from

Sedition, and Disloyalty (Arts. 134-142) subversion
REBELLION SUBVERSION
ART. 134- Crime against public Crime against
REBELLION/INSURRECTION order. national security.
There must be Being officers and
ELEMENTS: public uprising to ranking members of
1) That there be overthrow the subversive groups
a) public uprising and government. constitute
subversion.
b) taking up of arms against the
Government.
Persons acting as couriers or spies
2) For the purpose of:
for rebels are guilty of rebellion.
a) Removing from the allegiance to
Mere silence regarding the presence
said Government or its laws
of rebels despite knowledge of a
i. The territory of the
rebellion is not punishable, no crime
Philippines.
of misprision of rebellion
ii. Any body of land, naval
Rebellion cannot be complexed with,
or other armed forces or
but absorbs other crimes committed
b) Depriving the Chief executive or
in furtherance of rebellious
Congress, wholly or partially, of
movement. There is no complex
any of their powers or
crime of rebellion with murder and
prerogatives.
other common crimes.
Rebellion more frequently used where
the object of the movement is
ART. 134-A- COUP DETAT
completely to overthrow and supersede
1. How - by a swift attack,
the existing government. It is a crime of
accompanied by violence,
the masses, of the multitude. It is a vast
intimidation, threat, strategy or
movement of men and a complex
stealth
network of intrigues and plots.
2. Against whom duly constituted
authorities of the Republic, military
Insurrection more commonly employed
camp or installation, communication
in reference to a movement which seeks
networks, public utilities, or other
merely to effect some change of minor
facilities needed for the exercise
importance, or to prevent the exercise
and continued possession of power
of governmental authority with respect
3. Where singly or simultaneously
to particular matters or subjects.
carried out anywhere in the
Philippines
Rebellion distinguished from treason
4. By whom by any person or persons,
REBELLION TREASON
belonging to the military or police or
The levying of war The levying of war
holding any public office or
against the against the
government during government would employment, with or without civilian
peace time for any constitute treason support or employment
purpose mentioned when performed to 5. Purpose to seize or diminish state
in Art. 134 is aid the enemy. power
rebellion.
Always involves May be committed The crime of coup detat may be
taking up arms by mere adherence committed with or without civilian
against the to the enemy giving participation.
government. him aid and
comfort.

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ART. 135- PENALTY FOR REBELLION ART. 136- CONSPIRACY &

OR INSURRECTION OR COUP DETAT PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D ETAT
PERSONS LIABLE:
1. The leaders TWO CRIMES penalized under this
a) Any person who article:
i. Promotes, 1. Conspiracy to commit rebellion, and
ii. Maintains. or 2. Proposal to commit rebellion
iii. Heads a rebellion or
insurrection; or Conspiracy to commit rebellion when
b) Any person who two or more persons come to an
i. Leads, agreement to rise publicly and take arms
ii. Directs, or against the Government for any of the
iii. Commands others to purposes of rebellion and decide to
undertake a coup detat; commit it.
2. The participants Proposal to commit rebellion when
a) Any person who the person who has decided to rise
i. Participates, or publicly and take arms against the
ii. Executes the commands Government for any of the purposes of
of others in rebellion proposes its execution to some
rebellion,or insurrection; other person or persons.
b) Any person in the government
service who This is an instance where the law
i. Participates, or punishes preparatory acts.
ii. Executes directions or
commands of others in ART. 137- DISLOYALTY OF PUBLIC
undertaking a coup OFFICERS /EMPLOYEES
detat; Punishable acts:
c) Any person not in the 1. Failing to resist a rebellion by all
government service who means in their power
i. Participates, 2. Continuing to discharge the duties of
ii. Support, their office under the control of the
iii. Finances, rebels
iv. Abets, or 3. Accepting appointment to office
v. Aids in undertaking a under the rebels
coup detat.
The crime presupposes the existence
Who shall be deemed the leader of the of rebellion by other persons; the
rebellion, insurrection or coup detat offender must not be in conspiracy
in case he is unknown? with the rebels
Any person who in fact
1. directed the others, ART. 138- INCITING TO REBELLION /
2. spoke for them, INSURRECTION
3. signed receipts and other documents
issued in their name, or ELEMENTS:
4. performed similar acts, on behalf of 1. That the offender does not take up
the rebels. arms or is not in open hostility
against the Government
Political crimes are those directly 2. That he incites others to the
aimed against the political order, as well execution of any of the acts of
as such common crimes as may be rebellion
committed to achieve a political 3. That the inciting is done by means of
purpose. The decisive factor is the intent speeches, proclamations, writings,
or motive. emblems, banners or other
representations tending to the same
end.

Inciting to rebellion distinguished from Tumultuous if caused by more than

proposal to commit rebellion three persons who are armed or provided
PROPOSAL TO INCITING TO with the means of violence.
COMMIT REBELLION
REBELLION Distinguish sedition from rebellion
In both crimes, the offender induces another SEDITION REBELLION
to commit rebellion In both, there must be public uprising
The person who It is not required It is sufficient that There must be taking
proposes has decided that the offender has the public uprising is up of arms against
to commit rebellion. decided to commit tumultuous. the Government.
rebellion.
The purpose of the The purpose is always
The person who The act of inciting is
proposes the done publicly. offenders may be political.
execution of the political or social.
crime uses secret
means. Sedition distinguished from treason
NOTE: In both, the crime of rebellion should SEDITION TREASON
not be actually committed by the persons to In its more general In its more general
whom it is proposed or who are incited. If sense, it is the sense, it is the
they commit rebellion because of the raising of violation by a
proposal or inciting, the proponent or the commotions or subject of his
one inciting may become a principal by disturbances in the allegiance to his
inducement in the crime of rebellion. State. sovereign.
Public uprising and an object of

ART. 139- SEDITION sedition must concur.
ELEMENTS:
1. That the offenders rise ART. 140- PENALTY FOR SEDITION
a) publicly and
b) tumultuously PERSONS LIABLE:
2. That they employ force, 1) The leader of the sedition
intimidation, or other means outside 2) Other persons participating in the
of legal methods sedition
3. That the offenders employ any of
those means to attain any of the ART. 141- CONSPIRACY TO COMMIT
following objects: SEDITION
a) To prevent the promulgation or
execution of any law or the Only Conspiracy to commit sedition is
holding of any popular election. punishable and not proposal to commit
b) To prevent the government or sedition
any public officer from freely
exercising its or his functions, or
prevent the execution of any ART. 142- INCITING TO SEDITION
Administrative Order.
c) To inflict any act of hate or Punishable Acts:
revenge upon the person or 1. Inciting others to commit sedition by
property of any public means of speeches, proclamations,
officer/employee. writings, emblems
d) To commit, for any political or 2. Uttering seditious words or speeches
social end, any act of hate or which tend to disturb the public
revenge against private persons peace
or any social class. 3. Writing, publishing, or circulating
e) To despoil, for any political or scurrilous (meaning vulgar, mean,
social end, any person or the foul) libels against the Government
government of all its property or or any of its duly constituted
any part thereof. authorities

Ethics)
ELEMENTS OF ACT #1 certain, then its right to protect itself

1. That the offender does not take would come into being simultaneously
direct part in the crime of sedition with the overthrow of the Government,
1. That he incites others to the when there would be neither prosecuting
accomplishment of any of the act officers nor courts for the enforcement
which constitute sedition of the law.
2. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or Chapter Two: Crimes Against Popular
other representations tending to the Representation (Arts. 143-145)
same end.
Section One Crimes against
ACTS # 2 & 3 PUNISHABLE: when - legislative bodies and similar bodies
1. They tend to disturb or obstruct any
lawful officer in executing the
functions of his office ART.143- ACTS TENDING TO
PREVENT THE MEETING OF THE
2. They tend to instigate others to ASSEMBLY AND SIMILAR BODIES
cabal and meet together for
unlawful purposes ELEMENTS:
1. That there be a projected meeting
3. They suggest or incite rebellious or actual meeting of the National
conspiracies or riots Assembly or any of its committees or
subcommittees, constitutional
4. They lead or tend to stir up the commissions or committees or
people against the lawful authorities divisions, or of any provincial board
or disturb the peace of the or city or municipal council or board
community, and the safety and order
of the Government. 2. That the offender, who may be any
person, prevents such meeting by
RULES RELATIVE TO SEDITIOUS WORDS: force or fraud
1. The clear and present danger rule
It is required that there must be
reasonable ground to believe ART. 144- DISTURBANCE OF
that the danger apprehended is PROCEEDINGS
imminent and that the evil to be
prevented is a serious one. There ELEMENTS:
must be the probability of 1. That there be a meeting of Congress
serious injury to the State. or any of its committees or
2. Dangerous tendency rule subcommittees, constitutional
There is inciting to sedition commissions or committees, or any
when the words uttered or provincial board or city or municipal
published could easily produce council or board
disaffection among the people 2. That the offender does any of the
and a state of feeling in them following acts:
incompatible with a disposition a) He disturbs any of such
to remain loyal to the meetings.
Government and obedient to the b) He behaves while in the
laws. The dangerous tendency presence of any such bodies in
rule is generally adopted in the such a manner as to interrupt its
Philippines. proceedings or to impair the
respect due it.
Reasons why seditious utterances are
prohibited Congress may also punish for
If the State were compelled to wait until contempt.
the apprehended danger became

The complaint for disturbance of Parliamentary immunity does not

proceeding must be filed by a protect members of the Congress
member of legislative body, cannot from responsibility before the
be prosecuted de oficio. legislative body itself.
Disturbance created by participant in
the meeting not covered by Art. 144 The 1987 Constitution exempts
member of Congress from arrest,
while the Congress is in session, for
Section Two Violation of all offenses punishable by a penalty
parliamentary immunity less than prision mayor.
ART. 145 VIOLATION OF

PARLIAMENTARY IMMUNITY Chapter Three: Illegal Assemblies and
Associations (Arts. 146 & 147)
Punishable Acts:
1. Using force, intimidation, threats, or ART. 146 ILLEGAL ASSEMBLIES
frauds to prevent any member from
(a) attending the meetings of Forms of Illegal Assemblies:
Congress or any of its committees or 1. Any meeting attended by armed
subcommittees, constitutional persons for the purpose of
commissions or committees or committing any of the crimes
divisions thereof, or from (b) punishable under the Code.
expressing his opinions or (c) casting
his vote. REQUISITES:
ELEMENTS: a) That there is a meeting,
1) That the offender uses force, gathering or group of persons,
intimidation, threats or fraud. whether in a fixed place or
2) That the purpose of the offender moving;
is to prevent any member of b) That the meeting is attended by
Congress from armed persons.
a) Attending the meetings of c) That the purpose of the meeting
the Congress or any of its is to commit any of the crimes
committees or constitutional punishable under the Code.
commissions, etc.; or 2. Any meeting in which the audience,
b) Expressing his opinions; or whether armed or not, is incited to
c) Casting his vote. the commission of the crime of
treason, rebellion or insurrection,
2. Arresting or searching any member sedition, or assault upon a person in
while Congress is in session, except authority.
in cases where such member has
committed a crime punishable under REQUISITES:
the Code by a penalty higher than a) That there is a meeting, a
prision mayor. gathering or group of persons,
ELEMENTS: whether in a fixed place or
1) That the offender is a public moving.
officer or employee; b) That the audiences, whether
2) That he arrests or searches any armed or not, is incited to the
member of Congress; commission of the crime of
3) That the Congress, at the time treason, rebellion or
of arrest or search, is in regular insurrection, sedition or direct
or special session; assault.
4) That the member arrested or
searched has not committed a Meeting is a gathering or group
crime punishable under the Code whether in a fixed place or moving
by a penalty higher than prision
mayor.

Ethics)
PERSONS LIABLE IN ILLEGAL Illegal association distinguished from

ASSEMBLIES: illegal assembly
1. The organizers or leaders of the ILLEGAL ILLEGAL
meeting ASSEMBLY ASSOCIATION
2. Persons merely present at the It is necessary that It is not necessary

meeting there is an actual that there is an
meeting or actual meeting.
It is necessary that the audience is assembly of armed
persons for the
actually incited. If in the meeting
purpose specified in
the audience is incited to the Art. 146.
commission of rebellion or sedition,
the crimes committed are ILLEGAL It is the meeting It is the act of
ASSEMBLY as regards to the and attendance at forming or
organizers or leaders or persons such meeting that is organizing and
merely present and INCITING TO punished. membership in the
REBELLION OR SEDITION insofar as association that is
the one inciting them is concerned punished.
The persons liable The persons liable

PRESUMPTIONS:
are: are:
If any person carries an unlicensed 1. the organizers 1. the founders,
firearm, it is presumed that: or leaders of directors and
1. the purpose of the meeting insofar the meetings, president, and
as he is concerned is to commit acts and 2. the members.
punishable under the RPC, and 2. the persons
2. he is considered a leader or present at the
organizer of the meeting. meeting.
Not all the persons present at the Chapter Four: Assault Upon, and
meeting of the first form of illegal Resistance and Disobedience to,
assembly must be armed. Persons in Authority and their Agents
(Arts. 148-152)
ART. 147 ILLEGAL ASSOCIATIONS
PROHIBITED ASSOCIATIONS ART. 152- PERSONS IN AUTHORITY
Association totally or partially organized & AGENTS OF PERSONS IN AUTHORITY
for: PUBLIC PERSON IN AGENT OF
1. the purpose of committing any of the OFFICER AUTHORITY A PERSON
crimes punishable under the Code (PO) (PA) IN
AUTHORITY
2. some purpose contrary to public (APA)
morals Any person Any person Any person
who takes directly who, by
part in the vested with direct
Public morals refers to matters which
performance jurisdiction, provision of
affect the interest of society and public of public whether as law or by
convenience and is not limited to good functions in an individual election or
customs the or as a by
government. member of appointment
PERSONS LIABLE: some court by
1. Founders, directors, and president of or competent
the association. governmental authority, is
corporation, charged with
board or the
2. Members of the association.
commission. maintenance
of public
order and
the
protection

and security b. That he is assaulted by reason

of life and of the past performance of
property. his official duties.
4) That the offender knows that the
one he is assaulting is a person in
ART. 148- DIRECT ASSAULT authority or his agent in the
exercise of his duties.
TWO WAYS TO COMMIT: 5) That there is no public uprising.
1. Without public uprising, by
employing force or intimidation for Considered not in the actual
the attainment of any of the performance of official duties:
purposes enumerated in defining the 1. When the PA or APA exceeds
crimes of sedition & rebellion his powers or acts without
authority
ELEMENTS: 2. unnecessary use of force or
1) That the offender employs force violence
or intimidation. 3. descended to matters which
2) That the aim of the offender is are private in nature
to attain any of the purposes of
the crime of rebellion or any of TWO KINDS OF DIRECT ASSAULT OF
the objects of the crime of THE SECOND FORM:
sedition. 1. Simple assault
3) That there is no public uprising. 2. Qualified assault
Offended party need not be a DIRECT ASSAULT IS QUALIFIED WHEN:

person in authority or his agent, he 1. Committed with a weapon
may be a private individual if the 2. Offender is a public officer or
object is to attain an object of employee
sedition 3. Offender lays hands upon a person in
authority
2. Without public uprising, by
attacking, by employing force or Knowledge of the accused that the
seriously intimidating or by seriously victim is a PA or APA is essential.
resisting any person in authority (PA)
or any of his agents (APA), while If the offended party is only an APA,
engaged in the performance of force employed must be of a serious
official duties, or on the occasion of character indicates determination to
such performance. defy the law and its representative.
If the offended party is PA,
ELEMENTS: employed force need not be serious.
1) That the offender
a. Makes an attack, Teachers, professors, and persons in
b. Employs force, charged with the supervision of
c. Makes a serious intimidations, public or duly recognized private
or schools, colleges and universities
d. Makes a serious resistance shall be deemed persons in
2) That the person assaulted is a authority, in applying Arts. 148 and
person in authority or his agent.
151.
3) That at the time of the assault
the person in authority or his
Evidence of motive of the offender is
agent
important when the person in
a. Is engaged in the actual
performance of official authority or his agent who is
duties, or attacked or seriously intimidated is
not in the actual performance of his
official duty.

Ethics)
When PA or APA descended to 3. Refusing to answer any legal inquiry

matters which are private in nature, or to produce any books, papers,
an attack by one against the other is documents, or records in his
not direct assault. possession, when required by them
to do so in the exercise of their
Even when PA or APA agrees to fight, functions;
an attack made by accused
constitutes Direct Assault, the 4. Restraining another from attending
character of a person in authority or as a witness in such legislative or
agent is not laid off at will but constitutional body;
attaches to him until he ceases to be
in office. 5. Inducing disobedience to summons or
refusal to be sworn by any such body
The crime of slight physical injuries or official.
is absorbed in direct assault.
The testimony of a person
summoned must be upon matters
ART. 149- INDIRECT ASSAULT into which the legislature has
jurisdiction to inquire.
ELEMENTS:
1. That an APA is the victim of any of
the forms of direct assault defined in ART. 151- RESISTANCE &
Art. 148 DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
2. That a person comes to the aid of PERSON
the APA
ELEMENTS OF RESISTANCE & SERIOUS
3. That the offender makes use of force DISOBEDIENCE:
or intimidation upon such person 1. That a person in authority or his
coming to the aid of the APA. agent is engaged in the performance
of official duty or gives a lawful
Indirect assault can be committed order to the offender
only when a direct assault is also
committed. 2. That the offender resists or seriously
disobeys such person in authority or
his agent
ART. 150- DISOBEDIENCE TO
SUMMONS ISSUED BY THE NATL 3. That the act of the offender is not
ASSEMBLY, ITS COMMITTEES OR included in the provisions of Arts.
SUBCOMMITTEES, BY THE 148-150
CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEES OR ELEMENTS OF SIMPLE DISOBEDIENCE:
DIVISIONS 1. That an APA is engaged in the
performance of official duty or gives
PUNISHABLE ACTS: a lawful order to the offender;
1. Refusing, without legal excuse, to
obey summons of Congress, or any 2. That the offender disobeys such APA;
commission or committee chairman
or member authorized to summon 3. That such disobedience is not of a
witnesses; serious nature.
2. Refusing to be sworn or placed under The accused must have knowledge

affirmation while before such that the person giving the order is a
legislative or constitutional body or peace officer.
official;

Direct assault distinguished from Inciting to sedition or rebellion

resistance or serious disobedience distinguished from public disorder
DIRECT RESISTANCE INCITING TO PUBLIC DISORDER
ASSAULT SEDITION OR
The PA or APA Only in actual REBELLION
must be engaged performance of The outcry or The outcry is more
in the duties. displaying of or less unconscious
performance of emblems or placards outburst which,
official duties or should have been although rebellious
that he is done with the idea or seditious in
assaulted by aforethought of nature, is not
reason thereof. inducing his hearers intentionally
There is force Use of force is not or readers to calculated to induce
employed. so serious. commit the crime of others to commit
rebellion or rebellion or
sedition. sedition.
Chapter Five: Public Disorder (ARTS.
153-156) The penalty next higher in degree
shall be imposed upon persons
ART. 153- TUMULTS & OTHER causing any disturbance or
DISTURBANCES OF PUBLIC ORDER interruption of a tumultuous
character.
PUNISHABLE ACTS:
1. Causing any serous disturbance in a
public place, office or ART. 154- UNLAWFUL USE OF
establishment. MEANS OF PUBLICATION & UNLAWFUL
2. Interrupting or disturbing public UTTERANCES
performances, functions or
gatherings, or peaceful meetings, if PUNISHABLE ACTS:
the act is not included in Arts. 131- 1. Publishing or causing to be published
132. as news any false news which may
3. Making an outcry tending to incite endanger the public order, or cause
rebellion or sedition in any meeting, damage to the interest or credit of
association or public place the State
4. Displaying placards or emblems 2. Encouraging disobedience to the law
which provoke a disturbance of or to the constituted authorities or
public order in such place by praising, justifying or extolling
5. Burying with pomp the body of a any act punished by law, by the
person who has been legally same means or by words, utterances
executed or speeches
3. Maliciously publishing or causing to
Serious disturbance must be planned be published any official resolution
or intended or document without authority, or
before they have been published
Outcry to shout spontaneously officially
subversive or provocative words tending 4. Printing, publishing or distributing
to stir up the people so as to obtain by (or causing the same) books,
means of force or violence any of the pamphlets, periodicals, or leaflets
objects of rebellion or sedition which do not bear the real printers
name, or which are classified as
Burying with pomp the body of a anonymous
person ostentatious display of a burial
The offender must know that the
news is false to be liable.

Ethics)
R.A. No. 248 prohibits the reprinting, Committed in two ways:

reproduction or republication of 1. by removing a prisoner confined in
government publications and official jail or penal institution to take
documents without previous away a person from confinement
authority. with or without the active
participation of the person released
ART. 155- ALARMS & SCANDALS 2. by helping said person to escape
furnish material means to facilitate
PUNISHABLE ACTS: escape
1. Discharging any firearm, rocket,
firecracker, or other explosive within The prisoner may be a detention
any town or public place, calculated prisoner or one sentenced by virtue
to cause alarm or danger (should not of a final judgment.
be aimed at a person otherwise
illegal discharge of firearm under If the prisoner was confined in a
Art. 254) hospital when he was assisted in
escaping constitutes a violation of
2. Instigating or taking an active part in Art. 156 because the hospital may be
any charivari or other disorderly considered as an extension of the
meeting offensive to another or jail.
prejudicial to public tranquility
But if the crime committed by the
3. Disturbing the public peace while prisoner for which he is confined or
wandering about at night or while serving sentence is treason, murder,
engaged in any other nocturnal or parricide, the act of taking the
amusements place of the prisoner in prison is that
of an accessory under Art. 19, par. 3
4. Causing any disturbance or scandal
in public places while intoxicated or Chapter Six: Evasion of Service of
otherwise, provided Art. 153 is not Sentence (Arts. 157-159)
applicable
ART.157- EVASION OF SERVICE OF
If the disturbance is of a serious SENTENCE
nature, the case will fall under Art.
153 ELEMENTS:
1. That the offender is a convict by
Charivari - includes a medley of final judgment
discordant voices, a mock serenade of 2. That he is serving his sentence,
discordant noises made on kettles, tin, which consists in deprivation of
horns, etc. designed to annoy or insult liberty
3. That he evades the service of his
The reason for punishing instigating sentence by escaping during the
or taking active part in charivari and term of his sentence.
other disorderly meeting is to
prevent more serious disorders. CIRCUMSTANCES QUALIFYING THE
OFFENSE:
ART. 156- DELIVERING PRISONERS 1. By means of unlawful entry (this
FROM JAIL should be by scaling)
2. By breaking doors, windows, gates,
ELEMENTS: walls, roofs or floors
1. That there is a person confined in a 3. By using picklocks, false keys,
jail or penal establishment disguise, deceit, violence, or
(detention is included) intimidation
2. That the offender removes such 4. Through connivance with other
person, or helps the escape of such convicts or employees of the penal
person institution.

Detention prisoners and minor pardon by the Chief Executive.

delinquents who escape confinement 3. That he violated any of the
are not liable for evasion of service conditions of such pardon.
of sentence.
Violation of conditional pardon is a
Art. 157 is applicable to sentence by distinct crime
destierro.
Offender can be arrested and
reincarcerated without trial in
ART. 158- EVASION OF SENTENCE accordance with Sec. 64(I) of the
ON THE OCCASION OF DISORDERS, Revised Administrative Code.
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES The condition imposed upon the
prisoner that he should not commit
ELEMENTS: another crime, extends to offenses
1. That the offender is a convict by punishable by special laws.
final judgment, and is confined in a
penal institution Offender must be found guilty of
2. That there is disorder, resulting subsequent offense before he can be
from; prosecuted under Art. 159.
a. Conflagration
b. Earthquake
c. Explosion Chapter Seven
d. similar catastrophe
e. mutiny in which he has not ART. 160- COMMISSION OF
participated ANOTHER CRIME DURING THE SERVICE
3. That the offender leaves the penal OF PENALTY IMPOSED FOR ANOTHER
institution where he is confined, on PREVIOUS OFFENSE (Quasi-Recidivism)
the occasion of such disorder or
during the mutiny ELEMENTS OF QUASI-RECIDIVISM:
4. That the offender fails to give 1. That the offender was already
himself up to the authorities within convicted by final judgement
48 hrs. following the issuance of a 2. That he committed a new felony
proclamation by the Chief Executive before beginning to serve such
announcing the passing away of such sentence or while serving the same
calamity.
WHO CAN BE PARDONED:
What is punished is not the leaving 1. At the age of 70, if he shall have
of the penal institution, but the already served out his original
failure of the convict to give himself sentence (and not a habitual
up to the authorities within 48 hours criminal) or
after the proclamation announcing 2. When he shall have completed it
the passing away of the calamity. after reaching the said age, unless
by reason of his conduct or other
If the offender fails to give himself circumstances he shall not be worthy
up, he gets an increased penalty; if of such clemency.
the offender gives himself up, he is
entitled to a deduction of 1/5 of his In reiteracion, the offender against
sentence. whom it is considered shall already
have served out his sentence for the
ART. 159 OTHER CASES OF prior offenses.
EVASION OF SENTENCE (CONDITIONAL
PARDON) Quasi-recidivism is a special
ELEMENTS: aggravating circumstance which
1. That the offender was a convict. cannot be offset by ordinary
2. That he was granted a conditional mitigating circumstances.

Ethics)
First crime for which the offender is 2. that the offender either made,
serving sentence need not be a imported or uttered such coins
felony; but the second crime must 3. that in case of uttering such false or
be a felony. counterfeited coins, he connived
with the counterfeiters or importers
TITLE IV: CRIMES AGAINST PUBLIC
INTEREST COUNTERFEITING - means the
imitation of a legal or genuine coin.
Chapter One: Forgeries
UTTERING - to pass counterfeited
Section 1- Forging the Seal of the coins
Government of the Philippine Islands,
the signature or stamp of the Chief KINDS OF COINS THE COUNTERFEITING
Executive OF WHICH IS PUNISHED:
a) Silver coins of the Philippines or coin
ART. 161 COUNTERFEITING SEAL of the Central Bank
OF GOVERNMENT, SIGNATURE AND b) Coin of the minor coinage of the
STAMP OF PRESIDENT Philippines or the Central Bank
c) Coin of the currency of a foreign
Acts punished: country
1) Forging the Great Seal of the
Government of the Philippines. Former coins withdrawn from
2) Forging the signature of the circulation maybe counterfeited
President
3) forging the stamp of the President
ART. 164 - MUTILATION OF COINS-
If the signature of the president is IMPORTATION AND UTTERANCE OF
forged, it is not falsification of MUTILATED COINS
public document
Acts Punished:
1) Mutilating coins of the legal
ART. 162- USE OF FORGED currency, with the further
SIGNATURE, COUNTERFEIT SEAL OR requirement that there be intent to
STAMP damage or to defraud another
2) Importing or uttering such mutilated
ELEMENTS: coins, with the further requirement
1. that the seal of the Republic was that there must be connivance with
counterfeited, or signature or stamp the mutilator or importer in case of
forged by another person. uttering
2. that the offender knew of the
counterfeiting or forgery MUTILATION- to take off part of the
3. that he used the counterfeit seal or metal either by filing it or substituting it
forged signature or stamp for another metal of inferior quality.
The coin must be of legal tender in
The offender must not be the forger mutilation
otherwise the crime committed is
forgery under Art. 161.
ART. 165 - SELLING OF FALSE OR
Section Two - Counterfeiting Coins MUTILATED COIN, WITHOUT
CONNIVANCE
ART. 163 MAKING AND IMPORTING
AND UTTERING FALSE COINS Acts Punished:
1) Possession of coin, counterfeited or
ELEMENTS: mutilated by another with intent to
1. that there be false or counterfeited utter the same knowing that it is
coins false or mutilated

2) Actually uttering false or mutilated 2) The offender knows that any of

coin, knowing it to be false or these instrument is forged or
mutilated falsified
Does not require that false coin is
legal tender 3) That he performs any of these acts:
a) Using any of such forged or
falsified instruments
Section Three - Forging treasury or b) Possession with intent to use,
bank notes, obligations and securities; any of the forged or falsified
importing and uttering false or forged documents
notes, obligations and securities
ART 169 - HOW FORGERY IS
ART. 166 - FORGING TREASURY OR COMMMITTED
BANK NOTES OR OTHER DOCUMENTS
AND UTTERING THE SAME How Committed:
1) By giving to treasury or bank note or
Acts Penalized: any instrument payable to bearer or
1) Forging or falsification of treasury or to order the appearance of a true
bank notes or other documents and genuine document
payable to bearer
2) Importation of the same 2) By erasing, substituting, or altering
3) Uttering the same with connivance by any means the figures, letters,
with forgers or importers words or signatures contained
therein
Uttering forged bills must be with
connivance Includes falsification and
counterfeiting
ART - 167 COUNTERFEITING,
IMPORTING AND UTTERING Sec. 4- Falsification of legislative,
INSTRUMENT NIOT PAYABLE TO BEARER public, commercial and private
documents and wireless, telegraph and
ELEMENTS: telephone messages
1) That there be an instrument payable
to order or other document of credit
not payable to bearer ART170 - FALSIFICATION OF
2) That the offender either forged , LEGISLATIVE DOCUMENT
imported or uttered such instrument
3) That in case of uttering he connived ELEMENTS:
with the importer or forger 1) That there be a bill, resolution or
ordinance enacted or approved by
either House of the Legislative or
ART 168 - ILLEGAL POSSESSION AND any provincial board or municipal
USE OF FALSE TREASURY OR BANK council
NOTES AND OTHER INSTRUMENTS OF 2) The offender alters the same
CREDIT 3) That alteration changed the meaning
ELEMENTS: of the document
1) That the treasury or bank note or
certificate or other obligation and ART 171 - FALSIFICATION BY PUBLIC
certificate payable to bearer or any OFFICER, EMPLOYEE OR NOTARY OR
instrument payable to order or other ECCLESIASTICAL MINISTER
document of credit not payable to
bearer is forged or falsified by ELEMENTS:
another 1. That the offender is a public officer,
employee or notary public.

Ethics)
2. That he takes advantage of his b) that such person or persons

official position made statements in that act
When: or proceeding
a) He has the duty to make or c) that the offender in making a
prepare or otherwise to document, attributed to such
intervene in the preparation of person, statements other than
the document those in fact made by such
b) He has the official custody of the person.
document which he falsifies
iv. MAKING UNTRUTHFUL STATEMENTS
If he did not take advantage of his IN A NARRATION OF FACTS
official position, he would be guilty
of falsification of public document Requisites:
by a private individual. a) That the offender makes in a
document statements in a narration
3. The offender falsifies a document, of facts
b) That he has the legal obligation to
DOCUMENT- any written statement by disclose the truth of the facts
which a right is established or an narrated by him
obligation extinguished or by which a c) That the facts narrated by the
fact may be proven or affirmed offender are absolutely false
d) That the perversion of truth in the
DIFFERENT MODES OF FALSIFYING A narration of facts was made with
DOCUMENT: the wrongful intent of injuring a
third person
i. COUNTERFEITING OR IMITATING ANY
HANDWRITING ,SIGNATURE OR RUBRIC v. ALTERING TRUE DATES
Requisites: Date must be essential.

a) That there be an intent to imitate
or an attempt to imitate The alteration of the date or dates
b) The two signature or handwriting, in a document must affect either
the genuine and the forged bear the veracity of the document or the
some resemblance to each other effects thereof.
ii. CAUSING IT TO APPEAR THAT
PERSONS HAVE PARTICIPATED IN AN ACT Alteration of dates in official
OR PROCEEDING receipts to prevent discovery of
malversation is falsification
Requisites:
a) that the offender caused it to vi. MAKING ALTERATION OR
appear in a document that a INTERCALATION IN GENUINE DOCUMENT
person or persons participated WHICH CHANGSE ITS MEANING
in an act or proceeding
b) that such persons did not in Requisites:
fact so participate in the a) That there be an alteration or
action proceeding intercalation (insertion) on a
document
iii. ATTRIBUTING TO PERSONS WHO b) That it was made on a genuine
HAVE PARTICIPATED IN ANY ACT OR document
PROCEEDING STATEMENTS OTHER THAN c) That the alteration and
THOSE IN FACT MADE BY THEM intercalation has changed the
meaning of the document
Requisites: d) That the change made the
a) that persons participated in document speak something false
an act or proceeding

vii. ISSUING IN AN AUTHENTICATED 3. Use of falsified documents

FORM A DOCUMENT PURPORTING TO BE A
COPY OF AN ORIGINAL DOCUMENT WHEN ELEMENTS:
NO SUCH ORIGINAL EXIST OR INCLUDING Introducing in a judicial proceeding-
IN SUCH A COPY A STATEMENT 1. that the offender knew that the
CONTRARY TO OR DIFFERENT FROM THAT document was falsified by
OF THE GENUINE ORIGINAL another person
2. that he false document was
CANNOT be committed by a private embraced in Art. 171 or in any
individual or by a notary or public subdivisions No.1 or 2 of art. 172
officer who DOES NOT take 3. that he introduced said
advantage of his official position. document in evidence in any
judicial proceeding
Intent to gain or prejudice is not
necessary Use in any other transaction-
1. That the offender knew that the
document was falsified by
ART. 172 - FALSIFICATION BY another person
PRIVATE INDIVIDUALS AND USE OF
FALSIFIED DOCUMENTS 2. that the false document was
embraced in Art. 171 or in any of
Acts Punished: subdivision No. 1 or 2 of Art. 172
1. Falsification of public, official or
commercial document by a private 3. that he used such document (not
individual in judicial proceeding)
4. that the use of the false

ELEMENTS: document caused damage to
a) The offender is a private another or at least it was used
individual or a public officer or with intent to cause damage
employee who did not take
advantage of his official position FALSIFICATION AS A MEANS TO COMMIT
b) That he committed any of the ESTAFA
acts of falsification enumerated FALSIFICATION OF FALSIFICATION OF
in Art.171 PUBLIC/OFFICIAL PRIVATE
c) That the falsification was OR COMMERCIAL DOCUMENT
committed in a public or official DOCUMENT
or commercial document
When committed as Even when
2. Falsification of private document by a necessary means to committed as a
any person commit estafa, necessary means to
complex crime is commit estafa, the
committed crime is either estafa
ELEMENTS:
or falsification only,
a) That the offender committed because in this type
any of the acts of falsification of falsification, an
except those in par. 7, act independent of
enumerated in Art.171. falsification is
b) That the falsification was required to show
committed in a private intent to defraud
document.
c) That the falsification caused
damage to a third party or at
least the falsification was
committed with the intent to
cause damage

Ethics)
FALSIFICATION BY PRIVATE INDIVIDUAL Section Six Manufacturing, importing

VS. FALSIFICATION OF PUBLIC OFFICER and possession of instruments or
Art. 172 Art. 171 implements intended for the
commission of falsification
The prejudice to a Prejudice to third
third party is taken person is immaterial; ART. 176 - MANUFACTURING AND
into account so that what is punished is POSSESSION OF INSTRUMENTS AND
if damage is not the violation of IMPLEMENTS FOR FALSIFICATION
apparent, or at least public faith and the
if with no intent to perversion of truth
cause it, the Acts Punished:
falsification is not 1) Making or introducing into the
punishable Philippines any stamps, dies, marks,
or other instruments or implements
for counterfeiting
ART. 173 - FALSIFICATION OF 2) Possession with intent to use the
WIRELESS, CABLE, TELEGRAPH AND instruments or implements for
TELEPHONE MESSAGES AND USE OF counterfeiting or falsification made
SAID FALSIFIED MESSAGES in or introduced into the Philippines
by another person
Acts Punished:
1. Uttering fictitious wireless, Chapter Two: Other Falsities (Arts.
telegraph, or telephone messages 177-184)
2. Falsifying wireless, telegraph or Section One Usurpation of authority,
telephone messages rank, title, and improper use of
names, uniforms and insignia
3. Using such falsified messages
ART. 177 - USURPATION OF
Section Five Falsification of medical AUTHORITY OR OFICIAL FUNCTIONS
certificates, certificates of merit or
service and the like HOW COMMITTED:
1) By misrepresenting oneself to be an
ART. 174 - FALSE MEDICAL officer, agent or representative of
CERTIFICATES, FALSE CERTIFICATE OF the government, whether local,
MERIT OR SERVICE national or foreign
2) By performing any act pertaining to
PERSONS LIABLE: a person in authority or public
1. physician or surgeon who, in officer of the government under the
connection with he practice of pretense of official position and
profession issued a false certificate without authority
2. public officer who issued a false
certificate of merit or service, good May be violated by a public officer
conduct or similar circumstances
3. private individual who falsified a ART. 178 - USING FICTITIOUS NAME
certificate falling in the classes AND CONCEALING TRUE NAME
mentioned in Nos. 1 and 2
ELEMENTS: (using fictitious name)
ART. 175 - USING FALSE 1) That the offender uses a name other
CERTIFICATES than his real name
2) That he uses that fictitious name
ELEMENTS: publicly
1) that a false certificate mentioned in 3) That the purpose of the offender is-
the preceding article was issued a. To conceal a crime
2) that the offender knew that the b. To evade the execution of a
certificate was false judgment
3) that he used the same

c. To cause damage to public ART.181 - FALSE TESTIMONY

interest FAVORABLE TO THE DEFENDANT
ELEMENTS: (Concealing true name) Conviction or acquittal of defendant

1. That the offender conceals- in principal case not necessary
a. his true name
b. all other personal
circumstances ART. 182 - FALSE TESTIMONY IN CIVIL
2. That the purpose is only to conceal CASES
his identity
ELEMENTS:
1) That the testimony must be given in
ART. 179 - ILLEGAL USE OF UNIFORM a civil case
OR INSIGNIA 2) That the testimony must relate to
the issues presented in said case
ELEMENTS: 3) That the testimony must be false
1) That the offender make use of 4) That the false testimony must be
insignia, uniform or dress given by the defendant knowing it to
2) That the insignia, uniform or dress be false
pertains to an office not held by the 5) That the testimony must be
offender or to a class of person of malicious and given with an intent to
which he is not a member affect the issues presented in said
3) That said insignia, uniform or dress is case.
used publicly and improperly
ART. 183 - PERJURY
Section Two - False Testimony
Two ways of committing perjury:
FALSE TESTIMONY- is committed by 1. By falsely testifying under oath
any person who, being under oath, and 2. By making a false affidavit
required to testify as to the truth of a
certain matter at a hearing before a ELEMENTS:
competent authority, shall deny the 1) That the accused made a statement
truth or say something contrary to it. under oath or executed an affidavit
upon a material matter
ART. 180 - FALSE TESTIMONY 2) That the statement or affidavit was

AGAINST A DEFENDANT made before a competent officer
authorized to receive and administer
ELEMENTS: oath
1. That there be a criminal proceeding
2. That the offender testifies falsely 3) That in that statement or affidavit,
under oath against the defendant the accused made a willful and
therein deliberate assertion of a falsehood
3. That the defendant who gives false
testimony knows that it is false 4) That the sworn statement or
4. That the defendant against whom affidavit containing the falsity is
the false testimony is given is either required by law
acquitted or convicted in a final
judgment ART.184 - OFFERING FALSE
TESTIMONY IN EVIDENCE
Defendant must be sentenced to at
least a correctional; penalty or a ELEMENTS:
fine, or must be acquitted 1) That the offender offered in
evidence a false witness or
testimony

Ethics)
2) That he knew the witness or

testimony was false NOTE: Arts. 188 and 189 have been
3) That the offer was made in a judicial repealed by the Intellectual Property
or official proceeding Code.
Chapter Three: Frauds (Arts. 185-189) RA 455- LAW ON SMUGGLING
ART. 185 - MACHINATIONS IN PUBLIC Acts Punishable:

AUCTIONS 1. That the merchandise must have
Acts Punishable: been fraudulently or knowingly
1. Soliciting any gift or promise as a imported contrary to law
consideration for refraining from 2. That the defendant if he is not the
taking part in the public auction importer himself, must have
received, concealed, bought, sold or
2. Attempting to cause bidders to stay in any manner facilitated the
away from an auction by threats, transportation, concealment, or sale
gifts, promises or any artifice of the merchandise and that he must
be shown to have knowledge that
There should be an intention to the merchandise had been illegally
reduce the price imported.
ART. 186 - MONOPOLIES AND TITLE FIVE: CRIMES RELATED TO OPIUM

COMBINATIONS IN RESTRAINT OF AND OTHER PROHIBITED DRUGS
TRADE
REPUBLIC ACT NO. 9165
Acts Punishable: COMPREHENSIVE DANGEROUS DRUGS
1. Combination or conspiracy to ACT OF 2002
prevent free competition in market (Repealing RA No. 6425, otherwise
2. Monopoly to restrain free known as the Dangerous Drugs Act of
competition in market 1972)
3. Making transactions prejudicial to
lawful commerce or to increase the Declaration of Policy (Sec. 2)
market price of merchandise 1. It is the policy of the State to
safeguard the integrity of its
If the offense affects any food territory and the well-being of its
substance or other particles of citizenry particularly the youth, from
prime necessity, it is sufficient the harmful effects of dangerous
that initial steps are taken. drugs on their physical and mental
well-being and to defend the same
ART. 187 - IMPORTATION AND against acts or omissions detrimental
DISPOSITION OF FALSELY MARKED to their development and
ARTICLES OR MERCHANDISE MADE OF preservation.
GOLD, SILVER OR OTHER PRECIOUS 2. To provide effective mechanisms or
METALS OR THEIR ALLOYS measures to re-integrate into society
individuals who have fallen victims
ELEMENTS: to drug abuse or dangerous drug
1) That the offender imports, sells or dependence through sustainable
disposes any of those articles programs of treatment and
2) That the stamps, brands or marks of rehabilitation.
those articles or merchandise fail to
indicate the actual fineness or Controlled Precursors and Essential
quality of said metal or alloy Chemicals include those listed in
3) That the offender knows that the Tables I and II of the 1988 UN Convention
stamps, brands, or marks fail to Against Illicit Traffic in Narcotic Drugs
indicate the actual fineness or and Psychotropic Substances.
quality of said metal or alloy

Dangerous Drugs include those listed allowed to use the same in

in the Schedules annexed to the 1961 such place.
Single Convention on Narcotic Drugs, as b) Should any dangerous drug
amended by the 1972 Protocol, and in be the proximate cause of
the Schedules annexed to the 1971 the death of a person using
Single Convention on Psychotropic the same in such den, dive
Substances. or resort.
If such den, dive or resort is
UNLAWFUL ACTS AND PENALTIES (ART. owned by a third person, the
II) same shall be confiscated and
escheated in favor of the
Dangerous Drugs government.
1. Importation 4. Employees and Visitors of a Den,
The maximum penalty shall be Dive or Resort
imposed upon any person who, 5. Manufacture of Dangerous Drugs
without being authorized, shall 6. Manufacture or Delivery of
import or bring into the Equipment, Instrument, Apparatus
Philippines dangerous drugs and Other Paraphernalia
through the use of diplomatic The maximum penalty shall be
passport, diplomatic facilities or imposed upon any person, who
any other means involving uses a minor or a mentally
his/her official status intended incapacitated individual to
to facilitate the unlawful entry deliver such equipment,
of the same. In addition, the instrument, etc.
diplomatic passport shall be 7. Possession of Dangerous Drugs
confiscated and cancelled. 8. Possession of Equipment,
2. Sale, Trading, Administration, Instrument, Apparatus and Other
Dispensation, Delivery, Distribution Paraphernalia
and Transportation The possession of such
The maximum penalty shall be equipment, instrument, etc.
imposed: shall be prima facie evidence
a) If the sale, trading, etc. that the possessor has smoked,
transpires within one consumed, administered to
hundred (100) meters from himself/herself, injected,
the school. ingested or used a dangerous
b) For drug pushers who use drug.
minors or mentally 9. Possession of Dangerous Drugs During
incapacitated individuals as Parties, Social Gatherings and
runners, couriers and Meetings.
messengers, or in any other 10. Possession of Equipment,
capacity directly connected Instrument, Apparatus and Other
to the trade. Paraphernalia During Parties, Social
c) If the victim of the offense is Gatherings or Meetings
a minor or a mentally 11. Use of Dangerous Drugs
incapacitated individual, or 12. Cultivation or Culture of Plants
should a dangerous drug Classified as Dangerous Drugs or are
involved in any offense Sources thereof.
herein provided be the The maximum penalty shall be
proximate cause of death of imposed upon the offender if the
a victim thereof. land involved is part of the
3. Maintenance of a Den, Dive or Resort public domain.
The maximum penalty shall be If the land used is private land,
imposed: the same shall be confiscated
a) Where any dangerous drug is and escheated in favor of the
administered, delivered or State, unless the owner thereof
sold to a minor who is can prove lack of knowledge

Ethics)
despite the exercise of due c) If the victim of the offense is

diligence on his part. a minor or a mentally
13. Maintenance and Keeping of Original incapacitated individual, or
Records of Transactions should a dangerous drug
An additional penalty shall be involved in any offense
imposed through the revocation herein provided be the
of the license to practice his proximate cause of death of
/her profession, in case of a a victim thereof.
practitioner, or of the business, 3. Maintenance of a Den, Dive or Resort
in case of a manufacturer, If such den, dive or resort is
seller, importer, etc. owned by a third person, the
14. Unnecessary Prescription of same shall be confiscated and
Dangerous Drugs escheated in favor of the
15. Unlawful Prescription of Dangerous government.
Drugs. 4. Employees and Visitors of a Den,
Dive or Resort
For nos. 1, 2, 3 5 and 12, the 5. Manufacture of Controlled Precursors
maximum penalty shall be imposed and Essential Chemicals
upon any person, who organizes, 6. Illegal Chemical Diversion of
manages or acts as a financier in Controlled Precursors and Essential
any of the illegal activities involved Chemicals
therein. 7. Manufacture or Delivery of
Equipment, Instrument, Apparatus
Controlled Precursors and Essential and Other Paraphernalia
Chemicals The maximum penalty shall be
1. Importation imposed upon any person, who
The maximum penalty shall be uses a minor or a mentally
imposed upon any person who, incapacitated individual to
without being authorized, shall deliver such equipment,
import or bring into the instrument, etc.
Philippines controlled precursors 8. Maintenance and Keeping of Original
and essential chemicals through Records of Transactions
the use of diplomatic passport, An additional penalty shall be
diplomatic facilities or any other imposed through the revocation
means involving his/her official of the license to practice his
status intended to facilitate the /her profession, in case of a
unlawful entry of the same. In practitioner, or of the business,
addition, the diplomatic passport in case of a manufacturer,
shall be confiscated and seller, importer, etc.
cancelled
2. Sale, Trading, Administration, For nos. 1, 2, 3 and 5, the maximum
Dispensation, Delivery, Distribution penalty shall be imposed upon any
and Transportation person, who organizes, manages or
The maximum penalty shall be acts as a financier in any of the
imposed: illegal activities involved therein.
a) If the sale, trading, etc.
transpires within one The presence of any controlled
hundred (100) meters from precursor and essential chemical or
the school. laboratory equipment in a
b) For drug pushers who use clandestine laboratory is a prima
minors or mentally facie proof of manufacture of
incapacitated individuals as dangerous drugs.
runners, couriers and
messengers, or in any other Every penalty imposed shall carry
capacity directly connected with it the confiscation and
to the trade. forfeiture, in favor of the

government, of all the proceeds and d) Manufacture of any dangerous drug

properties derived from the unlawful and/or controlled precursor and
act, including, but not limited to essential chemical; and
a) money and other assets obtained e) Cultivation or culture of plants which
thereby, and are sources of dangerous drugs. (Sec.
b) the instruments or tools with 26)
which the particular unlawful act
was committed, The maximum penalties of the
unless they are the property of a unlawful acts shall be imposed, in
third person not liable for the addition to absolute perpetual
unlawful act, but those which are disqualification from any public
not of lawful commerce shall be office, if those found guilty of such
ordered destroyed. (Sec. 20) unlawful acts are government
officials and employees. (Sec. 28)
Any person charged under any
provision of this Act regardless of Any person who is found guilty of
the imposable penalty shall not be planting any dangerous drug
allowed to avail of the provisions of and/or controlled precursor and
plea-bargaining. (Sec. 23) essential chemical, regardless of
quantity and purity, shall suffer the
Any person convicted for drug penalty of death. (Sec. 29)
trafficking or pushing under this Act,
regardless of the penalty imposed by In case any violation of this Act is
the Court, cannot avail of the committed by a partnership,
privilege granted by the Probation corporation, association or any
Law (PD No. 968, as amended). (Sec. juridical entity, the partner,
24) president, director, manager,
trustee, estate or administrator, or
Notwithstanding the provisions of officer who consents to or knowingly
the law to the contrary, a positive tolerates such violation shall be held
finding for the use of dangerous criminally liable as a co-principal.
drugs shall be a qualifying (Sec. 30)
aggravating circumstance in the
commission of a crime by an In addition to the penalties
offender, and the applicable penalty prescribed in the unlawful act
provided for in the RPC shall be committed, any alien who violates
applicable. (Sec. 25) such provisions of this Act shall,
after service of sentence, be
Attempt or Conspiracy to commit the deported immediately without
following unlawful acts shall be further proceedings, unless death is
penalized by the same penalty the penalty. (Sec. 31)
prescribed for the commission of the
same under this Act: DANGEROUS DRUGS TEST AND RECORD
a) Importation of any dangerous drug REQUIREMENT (ART. III)
and/or controlled precursor and
essential chemical; The following shall be subjected to
b) Sale, trading, administration, undergo drug testing:
dispensation, delivery, distribution a) Applicants for drivers license.
and transportation of any dangerous b) Applicants for firearms license and
drug and/or controlled precursor and for permit to carry firearms outside
essential chemical; of residence.
c) Maintenance of a den, dive or resort All persons who by the nature of
where any dangerous drug is used in their profession carry firearms
any form; shall undergo drug testing.
c) Students of secondary and tertiary
schools.

Ethics)
d) Officers and employees of public and body in the planning and formulation of
private offices (whether domestic or policies and programs on drug prevention
overseas) and control.
Shall be subjected to undergo a
random drug test. Any officer or Philippine Drug Enforcement Agency
employee found positive of use (PDEA) shall serve as the implementing
of dangerous drugs shall be dealt arm of the Board, and shall be
with administratively which shall responsible for the efficient and
be a ground for suspension or effective law enforcement of all the
termination subject to the provisions on any dangerous drug and/or
provisions of Art. 282 of the controlled precursor and essential
Labor Code and pertinent chemical as provided in the Act.
provisions of the Civil Service
Law. Among the powers and duties of the
e) Officers and members of the PDEA is to prepare for prosecution or
military, police and other law cause the filing of appropriate
enforcement agencies shall undergo criminal and civil cases violation of
an annual mandatory drug test. all laws on dangerous drugs,
f) All persons charged before the controlled precursors and essential
prosecutors office with a criminal chemicals, and other similar
offense having an imposable penalty controlled substances, and assist,
of imprisonment of not less that six support and coordinate with other
(6) years and one (1) day shall have government agencies for the proper
to undergo a mandatory drug test. and effective prosecution of the
g) All candidates for public office same. (Sec. 84 [h])
whether appointed or elected both
in the national or local government The PDEA shall be the lead agency in
shall undergo a mandatory drug test. the investigation of any violation of
RA No. 9165. (Sec. 86, last par.)
Those found to be positive for
dangerous drugs shall be subject to TITLE SIX: CRIMES AGAINST PUBLIC
the provisions of Sec. 15 (Use of MORALS
Dangerous Drugs), which involves
rehabilitation for a minimum period Chapter One: Gambling and Betting
of 6 months for the first offense, or (Arts. 195-199)
imprisonment of 6 to 12 years for
the second offense. Arts. 195-199 and provisions of PD
483 and 449 are repealed insofar as
The privilege of suspended sentence they are inconsistent with PD 1602,
shall be availed of only once by an which provides for stiffer penalties
accused drug dependent who is a for violation of the Gambling Laws.
first-time offender over fifteen (15)
years of age at the time of the GAMBLING
commission of the violation of Is any game of chance or scheme,
Section 15 (Use of Dangerous Drugs) whether upon chance or skill,
but not more than eighteen (18) wherein wagers consisting of money,
years of age at the time when articles or value or representative of
judgment should be promulgated. value are at stake or made.
(Sec. 68)
ELEMENTS OF LOTTERY
DANGEROUS DRUGS BOARD AND 1. consideration
PHILIPPINE DRUG ENFORCEMENT 2. chance
AGENCY (ARTICLE IX) 3. prize or some advantage or
inequality in amount or value which
Dangerous Drugs Board shall be the is in the nature of a prize.
policy-making and strategy-formulating

KNOWINGLY PERMITING GAMBLING TO Chapter Two: Offenses Against

BE CARRIED ON IN A PLACE OWNED OR Decency and Good Customs ((Arts. 200-
CONTROLLED BY THE OFFENDER 202)
ELEMENTS: ART. 200 GRAVE SCANDAL

1. That a gambling game was carried on
in an inhabited or uninhabited place ELEMENTS
or in any building , vessel or other 1. That the offender performs an act or
means of transportation. acts.
2. That the place, building, vessel or 2. That such act or acts be highly
other means of transportation is scandalous as offending against
owned or controlled by the decency or good customs.
offender. 3. That the highly scandalous conduct
3. That the offender permitted the is not expressly falling within any
carrying on of such games , knowing article of this code.
that it is a gambling game. 4. That the act or acts complained of
be committed in a public place or
within the public knowledge or view.
ART. 196 IMPORTATION SALE AND DECENCY
POSSESSION OF LOTTERY TICKETS OR means proprietary of conduct; proper
ADVERTISEMENTS observance of the requirements of
modesty , good taste, etc.
ACTS PUNISHED RELATIVE TO LOTTERY
TICKETS OR ADVERTISEMENTS CUSTOMS
1. By importing into the Philippines established usage, social conventions
from any foreign place or port any carried on by tradition and enforced by
lottery ticket or advertisement. social disapproval of any violation
2. By selling or distributing the same in thereof.
connivance with the importer.
3. By possessing , knowingly and with GRAVE SCANDAL
intent to use , lottery tickets or consists of acts which are offensive to
advertisements. decency and good customs which, having
4. By selling or distributing the same committed publicly, have given rise to
without connivance with the public scandal to persons who have
importer. accidentally witnessed the same.
The possession of any lottery ticket

or advertisement is prima facie ART. 201 IMMORAL DOCTRINES,
evidence of an intent to sell, OBSCENE PUBLICATIONS AND
distribute or use the same. EXHIBITIONS, AND INDECENT SHOWS
PERSONS LIABLE:
ART. 198 ILLEGAL BETTING ON 1. Those who shall publicly expound or

HORSE RACES proclaim doctrines openly and
contrary to public morals.
ACTS PUNISHABLE IN ILLEGAL BETTING 2. The authors of obscene literature,
ON HORSE RACES published with their knowledge in
1. By betting on horse races during the any form; the editors publishing such
periods not allowed by law. literature; and the owners,
2. By maintaining or employing a operating the establishment or
totalizer or other device or scheme for selling the same.
betting on races or realizing profit 3. Those who, in theaters, fairs,
therefrom, during the periods not cinematographs or any other place,
allowed by law. exhibit indecent or immoral shows
which are proscribed or are contrary
to morals, good customs, established

Ethics)
policies, lawful orders, decrees and ART. 202 VAGARANTS AND

edicts PROSTITUTES
4. Those who shall give away or exhibit PERSONS LIABLE:
films, prints, engravings, sculpture 1. Any person having no apparent
or literature which are offensive to means of subsistence, who has the
morals physical ability to work and who
neglects to apply himself to some
Publicity is required lawful calling
2. Any person found loitering about
MORALS public or semipublic buildings or
imply conformity with the generally places or tramping or wondering
accepted standards of goodness or about the country or the streets
rightness in conduct or character, without visible means of support
sometimes, specifically, to sexual 3. Any idle or dissolute person who
conduct. lodges in houses of ill fame; ruffians
or pimps and those who habitually
THE TEST OF OBSCENITY associate with prostitutes
the test is whether the tendency of 4. Any person who, not being included
the matter charged as obscene, is to in the provisions of other articles of
corrupt those whose minds are open to this code, shall be found loitering in
such influences, and into whose hands any inhabited or uninhabited place
such a publication may fall and also belonging to another without any
whether or not such publication or act lawful or justifiable purpose
shocks the ordinary and common sense
of men as an indecency. PROSTITUTES
women who, for money or profit
INDECENCY habitually indulge in sexual intercourse
an act against the good behavior and or lascivious conduct
a just delicacy
VAGRANTS
DISPOSITION OF PROHIBITED ARTICLES 1. An idle or dissolute person who
The disposition of the literature, films, lodges in houses of ill-fame
prints, engravings, sculptures, paintings 2. Ruffian or pimp; or
or other materials involved in violation 3. One who habitually associates with
shall be governed by the following rules: prostitutes.
1. Upon conviction of the offender to
be forfeited in favor of the TITLE SEVEN: CRIMES COMMITTED BY
government to be destroyed. PUBLIC OFFICERS
2. Where the criminal case against the
violator of the decree results in an Chapter One: Preliminary Provisions
acquittal to be forfeited in favor of (Art. 203)
the government to be destroyed,
after forfeiture proceedings ART. 203 - WHO ARE PUBLIC
conducted by the chief constabulary. OFFICERS
3. The person aggrieved by the
forfeiture action of the Chief of REQUISITES:
Police may, within 15 days after his To be a public officer one must be
receipt of the copy of the decision, 1. Taking part in the performance of
appeal the matter to the Secretary public functions in the government ,
of the National Defense for review. or performing in said Government or
The decision of the Secretary of the in any of its branches public duties
National Defense shall be final and as an employee, agent or
unappealable. (sec. 2, P.D. 969) subordinate official, of any rank or
class; and

2. That his authority to take part in the 3. That the judgment is manifestly
performance of public functions or unjust
to perform public duties must be- 4. That it is due to his inexcusable
a) by direct provision of the law, or negligence or ignorance
b) by popular election, or
c) by appointment by competent MEANING OF manifestly unjust
authority judgment
It so manifestly contrary to law, that
even a person having a meager
Chapter Two: Malfeasance and knowledge of the law cannot doubt the
Misfeasance in Office (Arts. 204-212) injustice
Section One Dereliction of Duty ART.206 UNJUST INTERLOCUTORY

ORDER
Misfeasance improper performance of
some act which might lawfully be done. ELEMENTS:
1. That the offender is a judge
Malfeasance the performance of some
act which ought not to be done. 2. That he performs any of the
Nonfeasance omission of some act following acts:
which out to be performed a) knowingly renders unjust
interlocutory order or decree, or
b) renders a manifestly unjust
ART. 204 KNOWINGLY RENDERING interlocutory order or decree
UNJUST JUDGMENT through inexcusable negligence
or ignorance
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgment in a case ART. 207 MALICIOUS DELAY IN THE
submitted to him for decision ADMINISTRATION OF JUSTICE
3. That the judgment is unjust
4. That the judge knows that his ELEMENTS:
judgment is unjust 1. That the offender is a judge
2. That there is a proceeding in court
JUDGMENT 3. That he delays the administration of
the final consideration and justice
determination of a court of competent 4. That the delay is malicious, that is,
jurisdiction upon the matters submitted the delay is caused by the judge with
to it, in an action or proceeding. deliberate intent to inflict damage
on either party in the case
SOURCES OF UNJUST JUDGMENT
a) Error, or
b) ill-will or revenge, or ART. 208 - PROSECUTION OF
c) Bribery OFFENSES; NEGLIGENCE AND
TOLERANCE
There is no liability at all for a mere
error in good faith PUNISHABLE ACTS:
1. By maliciously refraining from
instituting prosecution against
ART. 205 - JUDGMENT RENDERED violators of the law
THROUGH NEGLIGENCE 2. By maliciously tolerating the
commission of a crime
ELEMENTS:
1. That the offender is a judge REQUISITES:
2. That he renders a judgment in a case 1. That the offender is a public officer
submitted to him for decision who has a duty to cause the

Ethics)
prosecution of, or to prosecute 2. By accepting a gift in consideration

offenses of the execution of an act which do
2. That knowing the commission of the not constitute a crime, in connection
crime, he does not cause the with the performance of his official
prosecution of the criminal or duty
knowing that a crime is about to be 3. By agreeing to refrain, or by
committed he tolerates its refraining, from doing something
commission which it is his official duty to do, in
3. That the offender acts with malice consideration of a gift or promise
and deliberate intent to favor the
violator of the law ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public
ART. 209 - BETRAYAL OF TRUST BY officer
AN ATTORNEY OR SOLICITOR- 2. That the offender accepts an offer
REVELATION OF SECRETS or a promise or receives a gift or
present by himself or through
PUNISHABLE ACTS: another
1. Causing damage to his client, either: 3. That such offer or promise be
a) by any malicious breach of accepted, or gift or present received
professional duty; or by the public officer-
b) inexcusable negligence or a) with a view to committing some
ignorance crime; or
b) in consideration of the execution
2. Revealing any of the secrets of his of an act which does not
client learned by him in his constitute a crime, but the act
professional capacity must be unjust; or
damage not necessary c) to refrain from doing something
which it is his official duty to do.
3. Undertaking the defense of the 4. That the act which the offender
opposing party in the same case agrees to perform or which he
without the consent of his first client executes be connected with the
if the client consents to the performance of his official duties
attorneys taking the defense of
the other party, there is no For the purpose of punishing bribery,
crime the temporary performance of public
functions is sufficient to constitute a
PROCURADOR JUDICIAL person a public officer
a person who had some practical
knowledge of law and procedure, but not
a lawyer, and was permitted to ART. 211 INDIRECT BRIBERY
represent a party in a case before an
inferior court. ELEMENTS:
1. That the offender is a public officer.
2. That he accepts gifts
Section Two Bribery 3. That the said gifts are offered to him
by reason of his office
ART. 210 DIRECT BRIBERY
DIRECT BRIBERY INDIRECT BRIBERY
PUNISHABLE ACTS: As to consideration
1. By agreeing to perform , or by In both crimes the public officer receives gift
performing in consideration of any As to existence of agreement
offer, promise, gift or present, an There is agreement No such agreement
act constituting a crime, in between the public exist
connection with the performance of officer and the giver
official duties of the gift or
present

As to necessity of the performance of Public Officer- elective & appointive

the act officials & employees, permanent or
The offender agrees It is not necessary temporary, whether in the classified or
to perform or that the officer should unclassified or exempt services receiving
performs an act or do any particular act compensation, even nominal from the
refrains from doing or even promise to do
an act, as it is enough government
something, because
of the gift or promise that he accepts gifts
offered to him by Section 3. Corrupt Practices of Public
reason of his office Officials
A. Persuading, inducing or influencing

ART. 211-A another public official officer to
QUALIFIED BRIBERY perform an act constituting a
violation of rules and regulations
ELEMENTS: duly promulgated by competent
1. That the offender is a public officer authority or an offense in connection
entrusted with law enforcement with the official duties of the latter,
2. That the offender refrains from or allowing himself to be persuaded,
arresting or prosecuting an offender induced, or influenced to commit
who has committed a crime such violation or offense.
punishable by reclusin perpetua
and/or death B. Directly or indirectly requesting or
3. That the offender refrains from receiving any gift , present, share,
arresting or prosecuting the offender percentage, or benefit, for himself
in consideration of any promise, gift or for any other person, in
or present connection with any other contract
or transaction between the
government and any other party,
ART. 212 CORRUPTION OF PUBLIC wherein the public officer in his
OFFICIALS official capacity has to intervene
under the law.
ELEMENTS:
1. That the offender makes offers or C. Directly or indirectly requesting or
promises or gives gifts or presents to receiving any gift , present or other
a public officer pecuniary or material benefit, for
2. That the offers or promises are made himself or for another, from any
or the gifts or presents given to a person for whom the public officer,
public, officer, under circumstances in any manner or capacity has
that will make the public officer secured or obtained, or will secure
liable for direct bribery or indirect or obtain, any government permit or
bribery license, in consideration for the help
given or to be given, without
prejudice to Sec. 13 of this act.
ANTI-GRAFT AND CORRUPT PRACTICES
ACT D. Accepting or having any member of
(RA 3019 as amended by RA 3047, PD his family accept employment in a
77 and BP 195) private enterprise which has pending
official business with him during the
Section 2.Definition of Terms pendency thereof or within 1 year
after his termination.
Government the national government ,
the local government, the GOCCs & all E. Causing any undue injury to any
other instrumentalities or agencies of party, including the government, or
the government giving any private party any
unwarranted benefits, advantage or
preference in the discharge of his

Ethics)
administrative or judicial functions the board, panel or group to which

through manifest partiality, evident they belong.
bad faith or gross inexcusable
negligence. This provision shall apply J. Knowingly approving or granting any
to officers and employees of offices license, permit, privilege or benefit
or Government corporations charged in favor of any person not qualified
with the grant of licenses or permits for or not legally entitled to such
or other concessions. license, permit, privilege or
advantage, or of a mere
F. Neglecting or refusing, after due representative or dummy of one who
demand or request, without is not qualified or entitled.
sufficient justification, to act within
reasonable time on any matter K. Divulging valuable information of a
pending before him for the purpose confidential character, acquired by
of obtaining, directly or indirectly, his office or by him on account of his
from any person interested in the official position to unauthorized
matter some pecuniary or material persons , or releasing such
benefit or advantage, or for the information in advance of its
purpose of favoring his own interest authorized date.
or giving undue advantage in favor of
or discriminating against any other Section 4. Prohibition on Private
interested party. individuals.
G. Entering on behalf of the A. Taking advantage of family or

Government, into any contract or personal close relation with public
transaction manifestly and grossly official is punished.
disadvantageous to the same,
whether or not the public officer B. Knowingly inducing or causing any
profited or will profit thereby. public official to commit any of the
offenses defined in Section 3.
H. Directly or indirectly having financial
or pecuniary interest in any business, Section 5. Prohibition on certain
contract or transaction in connection relatives
with which he intervenes or takes
part in his official capacity, or in The spouse or any relative, by
which he is prohibited by the consanguinity, within the 3rd civil
Constitution or by law from having degree, of the President, the Vice-
any interest. President, Senate President, or the
Speaker of the House of
I. Directly or indirectly becoming Representatives is prohibited to
interested, for personal gain, or intervene directly or indirectly, in
having material interest in any any business, transaction, contract
transaction or act requiring the or application with the government.
approval of a board, panel or group
which he is a member; and which EXCEPTIONS TO THE PROVISIONS:
exercises discretion in such 1. Any person who prior to the
approval, even if he votes against assumption of office of any of those
the same or does not participate in officials to whom he is related, has
the action of the board, committee, been already dealing with the
panel or group. government along the same line of
business, nor to any transaction,
Interest for personal gain shall be contract or application already
presumed against those public existing or pending at the time of
officers responsible for the approval such assumption of public office
of manifestly unlawful, inequitable ,
or irregular transactions or acts by

2. Any application filed by him, the Section 12. Termination of office

approval of which is not NO PUBLIC OFFICER IS ALLOWED TO
discretionary on the part of the RESIGN OR RETIRE:
official or officials concerned but 1. Pending investigation, criminal
depends upon compliance with the or administrative or
requisites provided by law, or rules 2. Pending a prosecution against
or regulations issued pursuant to him
law. 3. For any offense under the Act or
under the provisions of the RPC
3. Any act lawfully performed in an on Bribery
official capacity or in the exercise of Section. 14. Exception
a profession
Unsolicited gifts or presents of small
Section 6. Prohibition on Members of or insignificant value offered or given as
Congress a mere ordinary token of gratitude of
friendship according to local custom or
Members of Congress during their term usage
are prohibited to acquire or receive any
personal pecuniary interest in any
specific business enterprise which will be ANTI-PLUNDER ACT
directly & particularly favored or RA 7080
benefited by any law or resolution
authored by them Means or schemes to acquire ill-gotten
wealth:
The prohibition shall also apply to any
public officer who recommended the 1. Through misappropriation,
initiation in Congress of the enactment conversion, misuse or malversation
or adoption of any law or resolution and of public funds or raids on the public
acquires or receives any such interest treasury
during his incumbency 2. By receiving directly or indirectly,
any commission, gift, share,
The member of Congress or other percentage or any other form of
public officer, who, having such interest pecuniary benefit from any person
prior to the approval of a law or and/or entity in connection with any
resolution authored or recommended by government contract/project or by
him, continues for thirty days after such reason of his office/position
approval to retain his interest also 3. By the illegal or fraudulent
violates this section. conveyance or disposition of assets
belonging to the government
Section 8. Prima facie evidence of and 4. By obtaining , receiving or
dismissal due to unexplained wealth. accepting, directly or indirectly, any
shares of stock, equity or any other
A public official who has been found form of interest or participation
to have acquired during his incumbency, including the promise of future
whether in his name or the name of employment in any business
other persons, an amount of property enterprise or undertaking
and/or money manifestly out of 5. By establishing agricultural,
proportion to his salary and to his lawful industrial or commercial monopolies
income (RA 1319) GROUND FOR or other combinations and/or
FORFEITURE OF UNEXPALINED WEALTH implementing decrees and orders
intended to benefit particular
Section 11.Prescription of offenses persons or special interests
15 YEARS prescriptive period of 6. By taking undue advantage of official
all offenses under the Act position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves

Ethics)
These should be committed by a Chapter Three: Frauds and Illegal

combination or through a series of Exactions and Transactions (Arts. 213-
acts. There should be at least two acts 216)
otherwise the accused should be
charged with the particular crime ART. 213 FRAUD AGAINST THE
committed and not with plunder. A TREASURY AND SIMILAR OF OFFENSES
combination means at least two acts of
a different category while a series PUNISHABLE ACTS:
means at least two acts of the same 1. By entering into an agreement with
category (ESTRADA vs. SANDIGANBAYAN any interested party or speculator
November 21, 2001). or making use of any other scheme,
to defraud the Government, in
Section 2. Definition of the Crime of dealing with any person with regard
Plunder;penalties to furnishing supplies, the making of
contracts, or the adjustment or
PLUNDER settlement of accounts relating to
a crime committed by any public public property or funds.
officer, by himself , or in connivance 2. By demanding, directly or indirectly,
with his family, relatives by affinity or the payment of sums different from
consanguinity, business associates , or larger than those authorized by
subordinates or other persons, by law, in the collection of taxes,
amassing, accumulating or acquiring ill- licenses, fees, and other imposts.
gotten wealth in the aggregate amount 3. By failing voluntarily to issue a
or total value of at least 50 million receipt, as provided by law, for any
pesos sum of money collected by him
officially, in the collection of taxes,
PENALTY licenses, fees and other imposts.
Reclusion Perpetua to Death 4. By collecting or receiving, directly or
indirectly, by way of payment or
MITIGATING AND EXTENUATING otherwise , things or objects of a
CIRCUMSTANCES shall be considered by nature different from that provided
the courts in the imposition of penalty by law, in the collection of taxes,
licenses, fees and other imposts.
Section 4. Rule of Evidence
ELEMENTS OF FRAUDS AGAINST PUBLIC
It is not necessary to prove each and TREASURY:
every criminal act done. A pattern of 1. That the offender be a public
overt or criminal acts indicative of the officer.
over-all unlawful scheme or conspiracy 2. That he should have taken advantage
shall be sufficient of his office , that is, he intervened
in the transaction in his official
Section 6. Prescription of Crimes capacity.
3. That he entered into an agreement
The crime punishable under this Act with any interested party or
shall prescribe in 20 years. However, the speculator or made use of any other
right of the State to recover properties scheme with regard to
unlawfully acquired by public officers a) furnishing supplies
from them or from their nominees or b) the making of contracts, or
transferees shall not be barred by c) the adjustment or settlement of
prescription or laches or estoppel. accounts relating to public
property or funds
4. That the accused had intent to
defraud the Government.

ELEMENTS OF ILLEGAL EXACTIONS: contract or business in which it was

1. The offender is a public officer his official duty to intervene.
entrusted with the collection of 2. Experts, arbitrators, and private
taxes, licenses, fees and other accountants who, in like manner,
imposts. took part in any contract or
2. He is guilty of any of the following transaction connected with the
acts or omissions: estate or property in the appraisal,
a) Demanding , directly or distribution or adjudication of which
indirectly, the payment of sums they had acted.
different from or larger than 3. Guardians and executors with
those authorized by law; or respect to the property belonging to
b) Failing voluntarily to issue a their wards or the estate.
receipt , as provided by law , for
any sum of money collected by Chapter Four: Malversation of Public
him officially; or Funds or Property (Arts. 217-222)
c) Collecting or receiving, directly
or indirectly, by way of payment ART. 217 - MALVERSATION OF
or otherwise, things or objects of PUBLIC FUNDS OR PROPERTY-
a nature different from that PRESUMPTION OF MALVERSATION
provided by law
PUNISHABLE ACTS:
ART. 214 OTHER FRAUDS 1. By appropriating public funds or
property.
ELEMENTS: 2. By taking or misappropriating the
1. That the offender is a public officer same.
2. That he takes advantage of his 3. By consenting, or through
official position abandonment or negligence,
3. That he commits any of the frauds or permitting any other person to take
deceits enumerated in Arts. 315to such public funds or property.
318( estafa, other forms of 4. By being otherwise guilty of the
swindling, swindling a minor, and misappropriation or malversation of
other deceits) such funds or property.
ART. 215 - PROHIBITED COMMON ELEMENTS:

TRANSACTIONS 1. That the offender be a public
officer.
ELEMENTS: 2. That he had custody or control of
1. That the offender is an appointive funds or property by reason of the
public officer. duties of his office
2. That he becomes interested, directly 3. That those funds or property were
or indirectly, in any transaction or public funds or property for which he
exchange or speculation was accountable.
3. That the transaction takes place 4. That he appropriated, took,
within the territory subject to his misappropriated or consented, or
jurisdiction through abandonment or negligence,
4. That he becomes interested in the permitted another person to take
transaction during his incumbency them.
ART.216 POSSESSION OF MALVERSATION MAY BE COMMITTED BY

PROHIBITED INTEREST BY A PUBLIC PRIVATE INDIVIDUALS IN THE
OFFICER FOLLOWING CASES:
1. Those in conspiracy with public
PERSONS LIABLE: officers guilty of malversation.
1. Public Officer who, directly or 2. Those who are accessory or
indirectly, became interested in any accomplice to a public officer.

Ethics)
3. Custodian of public funds or property the Commission on Audit a

in whatever capacity. certificate showing that his accounts
4. Depositary or administrator of public have been finally settled.
funds or property.
PRESUMPTION ART. 22O - ILLEGAL USE OF PUBLIC

When demand is made to the FUNDS OR PROPERTY
accountable officer to account for the
funds and property and the same is not ELEMENTS:
forthcoming, the presumption is that he 1. That the offender is a public officer.
misappropriated the funds 2. That there is a public fund or
property under his administration.
3. That such public fund or property
Malversation is principally has been appropriated by law or
distinguished from estafa by: ordinance.
a) The public or private character of 4. That he applies the same to a public
the accused. use other than that for which such
b) The nature of the funds. funds or property has been
c) The fact that conversion is not appropriated by law or ordinance.
required in malversation.
d) The rule that there is no need of
prior demand in malversation. Illegal use of public funds or property
e) The absence of a requirement of vs. malversation under Art. 217
damage in malversation. ILLEGAL USE OF MALVERSATION
PUBLIC FUNDS OR
PROPERTY
ART. 218 FAILURE OF The offenders are accountable public officers
ACCOUNTABLE OFFICER TO RENDER in both crimes.
ACCOUNTS The offender does The offender in
not derive any certain cases profits
ELEMENTS: personal gain or from the proceeds of
1. That the offender is a public officer, profit the crime.
whether in the service or separated The public fund or The public fund or
property is applied to property is applied to
therefrom. another public use the personal use and
2. That he must be an accountable benefit of the
officer for public funds or property. offender or of
3. That he is required by law or another person.
regulation to render accounts to the
Commission on Audit, or to a
provincial auditor. ART. 221 - FAILURE TO MAKE
4. That he fails to do so for a period of DELIVERY OF PUBLIC FUNDS OR
two months after such accounts PROPERTY
should be rendered.
PUNISHABLE ACTS:
1. By failing to make payment by a
ART. 219 - FAILURE OF RESPONSIBLE public officer who is under obligation
PUBLIC OFFICER TO RENDER ACCOUNTS to make such payment from
BEFORE LEAVING THE COUNTRY Government funds in his possession.
2. By refusing to make delivery by a
ELEMENTS: public officer who has been ordered
1. That the offender is a public officer. by competent authority to deliver
2. That he must be an accountable any property in his custody or under
officer for public funds or property. his administration.
3. That he must have unlawfully left (or
be on the point of leaving) the
Philippines without securing from

ELEMENTS OF REFUSAL TO MAKE ART.224 EVASION THROUGH

PAYMENT: NEGLIGENCE
1. That the public officer has
Government funds in his possession. ELEMENTS:
2. That he is under obligation to make 1. That the offender is a public officer.
payments from such funds. 2. That he is charged with the
3. That he fails to make payment conveyance or custody of a prisoner,
maliciously. either detention prisoner or prisoner
by final judgment.
3. That such prisoner escapes through
ART.222 OFFICERS INCLUDED IN his negligence.
THE PRECEEDING PROVISIONS
Liability of escaping prisoner:
Private individuals who may be liable 1. If the fugitive is serving sentence by
under Art. 217-221: reason of final judgment, he is liable
1. Private individuals who, in any for evasion of the service of
capacity whatsoever, have charge of sentence under Art. 157.
any national, provincial or municipal 2. If the fugitive is only a detention
funds, revenue or property prisoner, he does not incur criminal
2. Administrator, depository of funds or liability.
property attached, seized, or
deposited by public authority even if ART. 225 ESCAPE OF PRISONER
such property belongs to a private UNDER THE CUSTODY OF A PERSON
individual NOT A PUBLIC OFFICER
ELEMENTS:
Chapter Five: Infidelity of Public 1. That the offender is a private
Officers (Arts. 223-230) person.
2. That the conveyance or custody of a
Section One Disobedience, refusal of prisoner or person under arrest is
assistance, and maltreatment of confided to him.
prisoners 3. That the prisoner or person under
arrest escapes.
ART.223 CONNIVING WITH OR 4. That the offender consents to the
CONSENTING TO EVASION escape of the prisoner or person
under arrest, or that the escape
ELEMENTS: takes place through his negligence.
1. That the offender is a public officer.
2. That he had in his custody or charge,
a prisoner, either detention prisoner ART.226 REMOVAL CONCEALMENT,
or prisoner by final judgment. OR DESTRUCTION OF DOCUMENTS
3. That such prisoner escaped from his
custody. ELEMENTS:
4. That he was in connivance with the 1. That the offender be a public
prisoner in the latters escape. officer.
2. That he abstracts, destroys or
CLASSES OF PRISONER INVOLVED conceals documents or papers.
1. If the fugitive has been sentenced by 3. That the said documents or papers
final judgment to any penalty. should have been entrusted to such
2. If the fugitive is held only as public officer by reason of his office.
detention prisoner for any crime or 4. That damage, whether serious or
violation of law or municipal not, to a third party or to the public
ordinance. interest should have been caused.

Ethics)
Damage in this article may consist in This article punishes minor official
mere alarm to the public or in the betrayals, infidelities of little
alienation of its confidence in any consequence, affecting usually the
branch of the government service. administration of justice, executive
or official duties, or the general
interest of the public order.
ART.227 OFFICER BREAKING SEAL
ELEMENTS OF NO. 2:
ELEMENTS: 1. That the offender is a public officer.
1. That the offender is a public Officer. 2. That he has charge of papers.
2. That he is charged with the custody 3. That those papers should not be
of papers or property. published.
3. That these papers or property are 4. That he delivers those papers or
sealed by proper authority. copies thereof to a third person.
4. That he breaks the seals or permits 5. That the delivery is wrongful.
them to be broken. 6. That damage be caused to public
interest.
Damage or intent to damage is not
necessary REVELATION OF INFIDELITY IN THE
SECRETS BY AN CUSTODY OF
OFFICER DOCUMENT OR
ART.228 OPENING OF CLOSED PAPERS BY
DOCUMENTS REMOVING THE
SAME
ELEMENTS:
1. That the offender is a public officer. The papers contain The papers do not
2. That any closed papers, documents, secrets and therefore contain secrets but
or objects are entrusted to his should not be their removal is for an
custody. published, and the illicit purpose
public officer having
3. That he opens or permits to be charge thereof
opened said closed papers, removes and delivers
documents, or objects. them wrongfully to a
4. That he does not have the proper third person
authority.
ART.230 PUBLIC OFFICER

ART. 229 REVELATION OF SECRETS REVEALING SECRETS OF PRIVATE
BY AN OFFICER INDIVIDUAL
PUNISHABLE ACTS: ELEMENTS:

1. By revealing any secret known to the 1. That the offender is a public officer.
offending public officer by reason of 2. That he knows of the secrets of a
his official capacity. private individual by reason of his
2. By delivering wrongfully papers or office.
copies of papers of which he may 3. That he reveals such secrets without
have charge and which should not be authority or justifiable reason.
published.
Chapter Six: Other Offenses or
ELEMENTS OF NO. 1: Irregularities by Public Officers (Arts.
1. That the offender is a public officer. 231-245)
2. That he knows of the secret by
reason of his official capacity. Section One Disobedience, refusal of
3. That he reveals such secret without assistance and maltreatment of
authority or justifiable reasons. prisoners
4. That damage, great or small, be
caused to public interest.

ART. 231 OPEN DISOBEDIENCE 3. That there is no legal motive for

such refusal to be sworn in or to
ELEMENTS: discharge the duties of said office.
1. That the offender is a judicial or
executive officer. ART. 235 MALTREATMENT OF
2. That there is a judgment, decision or PRISONERS
order of a superior authority.
3. That such judgment, decision or ELEMENTS:
order was made within the scope of 1. That the offender is a public officer
the jurisdiction of the superior or employee.
authority and issued with all legal 2. That he has under his charge a
formalities. prisoner or detention prisoner.
4. That the offender without any legal 3. That he maltreats such prisoner in
justification openly refuses to either of the following manners:
execute said judgment, decision or a) By overdoing himself in the
order, which he is duty bound to correction or handling of a prisoner
obey. or detention prisoner under his
charge either
ART. 232 DISOBEDIENCE TO ORDER i. by the imposition of
OF SUPERIOR OFFICER WHEN SAID punishments not authorized
ORDER WAS SUSPENDED BY INFERIOR by the regulations, or
OFFICER ii. by inflicting such
ELEMENTS: punishments (those
1. That the offender is a public officer. authorized ) in a cruel and
2. That an order is issued by his humiliating manner; or
superior for execution. b) By maltreating such prisoner to
3. That he has for any reason extort a confession or to obtain some
suspended the execution of such information from the prisoner.
order.
4. That his superior disapproves the Section Two Anticipation,
suspension of the execution of the prolongation and abandonment of the
order. duties and powers of public office
5. That the offender disobey his
superior despite the disapproval of ART. 236 ANTICIPATION OF DUTIES
the suspension. OF A PUBLIC OFFICE.
ART. 233 REFUSAL OF ASSISTANCE ELEMENTS:

1. That the offender is entitled to hold
ELEMENTS: a public office or employment,
1. That the offender is a public officer. either by election or appointment.
2. That a competent authority demands 2. That the law requires that he should
from the offender that he lend his first be sworn in and/or should first
cooperation towards the give a bond.
administration of justice or other 3. That he assumes the performance of
public service. the duties and powers of such office.
3. That the offender fails to do so 4. That he has not taken his oath of
maliciously. office and/or given the bond
required by law.
ART. 234 REFUSAL TO DISCHARGE
ELECTIVE OFFICE ART. 237 PROLONGING
PERFORMANCE OF DUTIES AND
ELEMENTS: POWERS.
1. That the offender is elected by
popular election to a public office. ELEMENTS:
2. That he refuses to be sworn in or to 1. That the offender is holding a public
discharge the duties of said office. office.

Ethics)
2. That the period provided by law,

regulations or special provisions for ART. 240 USURPATION OF
holding such office, has already EXECUTIVE FUNCTIONS.
expired.
3. That he continues to exercise the ELEMENTS:
duties and powers of such office. 1. That the offender is a judge.
2. That he
ART. 238 ABANDONMENT OF a) assumes a power pertaining to
OFFICE. the executive authorities, or
b) obstructs the executive
ELEMENTS: authorities in the lawful exercise
1. That the offender is a public officer. of their powers.
2. That he formally resigns from his
position. ART. 241 USURPATION OF JUDICIAL
3. That his resignation has not yet been FUNCTIONS
accepted.
4. That he abandons his office to the ELEMENTS:
detriment of the public service. 1. That the offender is an officer of the
executive branch of the
ABANDONMENT OF NEGLIGENCE AND Government.
OFFICE (ART. 238) TOLERANCE 2. That he
IN PROSECUTION OF a) assumes judicial powers, or
OFFENSES (ART. 208) b) obstructs the execution of any
order or decision rendered by
Committed by any Committed only by any judge within his
public officer public officers who jurisdiction.
have the duty to
institute prosecution ART. 242 - DISOBEYING REQUEST
for the punishment of FOR DISQUALIFICATION
violations of the law
ELEMENTS:
The public officer The public officer does 1. That the offender is a public officer.
abandons his office to not abandon his office 2. That a proceeding is pending before
evade the discharge but he fails to prosecute such public officer.
of his duty an offense by dereliction 3. That there is a question brought
of duty or by malicious before the proper authority
tolerance of the regarding his jurisdiction, which is
commission of offenses. not yet decided.
4. That he has been lawfully required
to refrain from continuing the
proceeding.
Section Three Usurpation of powers 5. That he continues the proceeding.
and unlawful appointment
ART. 243 ORDERS OR REQUESTS BY
ART. 239 USURPATION OF EXECUTIVE OFFICERS TO ANY JUDICIAL
LEGISLATIVE POWER AUTHORITY.
ELEMENTS: ELEMENTS:
1. That the offender is an executive or 1. That the offender is an executive
judicial officer. officer.
2. That he 2. That he addresses any order or
a) makes general rules or suggestion to any judicial authority.
regulations beyond the scope of 3. That the order or suggestion relates
his authority or to any case or business coming
b) attempts to repeal a law or within the exclusive jurisdiction of
c) suspends the execution thereof. the courts of justice.

ART.244 UNLAWFUL 2. By soliciting or making immoral or

APPOINTMENTS indecent advances to a woman under
the offenders custody.
ELEMENTS: 3. By soliciting or making immoral or
1. That the offender is a public officer. indecent advances to the wife,
2. That he nominates or appoints a daughter, sister or relative within
person to a public office. the same degree by affinity of any
3. That such person lacks the legal person in the custody of the
qualifications therefor. offending warden or officer.
4. That the offender knows that his
nominee or appointee lacks the TITLE EIGHT: CRIMES AGAINST PERSONS
qualification at the time he made
the nomination or appointment. Chapter One: Destruction of Life (Arts.
246-261)
Section Four Abuses against chastity
Section One Parricide, murder,
ART. 245 ABUSES AGAINST homicide
CHASTITY-PENALTIES
ART. 246 PARRICIDE
ELEMENTS:
1. That the offender is a public officer. ELEMENTS:
2. That he solicits or makes immoral or 1. That a person is killed.
indecent advances to a woman. 2. That the deceased is killed by the
3. That such woman must be- accused .
a) interested in matters pending 3. That the deceased is the father,
before the offender for mother, or child, whether legitimate
decision, or with respect to or illegitimate, or a legitimate other
which he is required to submit a ascendant or other descendant, or
report to or consult with a the legitimate spouse, of the
superior officer; or accused.
b) under the custody of the
offender who is a warden or Cases of parricide when the penalty
other public officer directly shall not be reclusion perpetua to
charged with the care and death:
custody of prisoners or persons 1. parricide through negligence (art
under arrest; or .365)
c) the wife, daughter, sister or 2. parricide by mistake ( art. 249)
relative within the same degree 3. parricide under exceptional
by affinity of the person in the circumstances ( art. 247)
custody of the offender
Relationship of the offender with the
The mother of the person in the victim is the essential element of
custody of the offender is not the crime.
included.
If a person wanted to kill a stranger but
Ways of committing abuses against by mistake killed his own father, will it
chastity: be parricide?
1. By soliciting or making immoral or Yes, but Art. 49 applies as regards the
indecent advances to a woman proper penalty to be imposed.
interested in the matters pending
before the offending officer for If a person killed another not knowing
decision , or with respect to which that the latter was his son, will he be
he is required to submit a report to guilty of parricide?
or consult with a superior officer. Yes, because the law does not require
knowledge of relationship between them

Ethics)
A stranger who cooperates and takes The discovery, the escape, the
part in the commission of the crime of pursuit and the killing must all form
parricide, is not guilty of parricide but part of one continuous act
only homicide or murder, as the case
may be. The key element in parricide The accused must be a legally
is the relationship of the offender with married person.
the victim. (PEOPLE vs. DALAG, GR No. Applicable only when daughter is
129895, April 30, 2003) single.
Justification for Art. 247:

ART. 247 DEATH OR PHYSICAL The law considers the spouse or parent
INJURIES INFLICTED UNDER as acting in a justified burst of passion.
EXCEPTIONAL CIRCUMSTANCES
ELEMENTS ART. 248 MURDER

1. That a legally married person or a
parent surprises his spouse or his Unlawful killing of any person which is
daughter, the latter under 18 years not parricide or infanticide, provided
of age and living with him, in the act that any of the following circumstances
of committing sexual intercourse is present:
with another person. 1. With treachery, taking advantage of
2. That he or she kills any or both of superior strength, with the aid of
them, or inflicts upon any or both of armed men, or employs means to
them any serious physical injury, in weaken the defense, or of means or
the act or immediately thereafter. persons to insure or afford impunity.
3. That he has not promoted or 2. In consideration of a price, reward
facilitated the prostitution of his or promise.
wife or daughter, or that he or she 3. By means of inundation, fire, poison,
has not consented to the infidelity of shipwreck, stranding of a vessel,
others. derailment or assault upon a
railroad, fall of an airship, by means
This article does not define and of motor vehicles, or with the use of
penalize a felony. It provides for the any other means involving great
imposition of the penalty of waste and ruin.
destierro rather than the ordinary 4. On occasion of any calamities
penalty for parricide. enumerated in the preceding
paragraph, or of an earthquake,
The requisites of Art. 247 must be eruption of a volcano, destructive
established by the evidence of the cyclone, epidemic, or any other
defense, because the prosecution public calamity.
will have to charge the defendant 5. With evident premeditation.
with parricide and/or homicide, in 6. With cruelty, by deliberately and
case death results; or serious inhumanly augmenting the suffering
physical injuries in the other case. of the victim, or outraging or
scoffing at his person or corpse. (As
To Art. 247 to apply (death under amended by R.A. no. 7659)
exceptional circumstances), the
offender must prove that he actually ELEMENTS:
surprised his wife and [her 1. That a person was killed.
paramour] in flagrante delicto, and 2. That the accused killed him.
that he killed the man during or 3. That the killing was attended by any
immediately thereafter. Evidence of of the qualifying circumstances
the victims promiscuity, is mentioned in Art. 248.
inconsequential to the killing. 4. That the killing is not parricide or
(PEOPLE vs. PUEDAN, GR No. 139576, infanticide.
September 2, 2002)

Rules for the application of the ACCIDENTAL HOMICIDE - is the death of

circumstances which qualify the killing a person brought about by a lawful act
to murder performed with proper care and skill and
1. That murder will exist with only one without homicidal intent.
of the circumstances described in In all crimes against persons in which
Art. 248 the death of the victim is an
2. That when the other circumstances element of an offense, there must
are absorbed or included in one be satisfactory evidence of (1) the
qualifying circumstance, they cannot fact of death and (2) the identity of
be considered as generic the victim.
aggravating.
3. That any of the qualifying ART. 250 PENALTY FOR
circumstances enumerated in Art. FRUSTRATED PARRICIDE, MURDER, OR
248 must be alleged in the HOMICIDE.
information.
Courts may impose a penalty two
Outraging or scoffing at the person or degrees lower for frustrated
corpse of the victim parricide, murder or homicide.
Outraging means to commit an Courts may impose a penalty three

extremely vicious or deeply insulting act. degrees lower for attempted
parricide, murder or homicide.
Scoffing means to jeer, and implies a
showing of irreverence. ART. 251 DEATH CAUSED IN A
TUMULTUOUS AFFRAY.
R.A. 7659 restored the death penalty
and increased the penalty for ELEMENTS:
murder to reclusion perpetua to 1. That there be several persons.
death. 2. That they did not compose groups
organized for the common purpose
ART. 249 HOMICIDE of assaulting and attacking each
other reciprocally.
The unlawful killing of any person, 3. That these several persons quarreled
which is neither parricide, murder and assaulted one another in a
nor infanticide. confused and tumultuous manner.
4. That someone was killed in the
Intent to kill is conclusively course of the affray.
presumed when death results; 5. That it cannot be ascertained who
evidence of intent to kill is actually killed the deceased.
important only in attempted or 6. That the person or persons who
frustrated homicide. inflicted serious physical injuries or
who used violence can be identified.
ELEMENTS:
1. That a person was killed. Persons liable in a tumultuous affray
2. That the accused killed him without 1. The person or persons who
any justifying circumstance. inflicted the serious physical
3. That the accused had the intention injuries are liable.
to kill, which is presumed. 2. If it is not known who inflicted the
4. That the killing was not attended by serious physical injuries on the
any of the qualifying circumstances deceased, all the persons who
of murder, or by that of parricide or used violence upon the person of
infanticide. the victim are liable, but with
lesser liability.

Ethics)
Meaning of TUMULTUOUS AFFRAY ART. 254 DISCHARGE OF FIREARMS

It is a melee or free-for-all,
where several persons not comprising ELEMENTS:
definite or identifiable groups attack one 1. That the offender discharges a
another in a confused and disorganized firearm against or at another person.
manner, resulting in the death or injury 2. That the offender has no intention to
of one or some of them. kill that person.
When the quarrel is between a
distinct group of individuals, one of Section Two Infanticide and abortion
whom was sufficiently identified as the
principal author of the killing, as against ART. 255 INFANTICIDE
a common, particular victim, it is not a
"tumultuous affray" within the meaning Is the killing of any child less than three
of Art. 251 of The Revised Penal Code. days of age, whether the killer is the
(PEOPLE vs. UNLAGADA, GR No. 141080, parent or grandparent, any other
September 17, 2002) relative of the child, or a stranger.
ART. 252 PHYSICAL INJURIES ELEMENTS:

INFLICTED IN A TUMULTUOUS AFFRAY. 1. That a child was killed.
2. That the deceased child was less
ELEMENTS: than three days (72 hours) of age.
1. That there is a tumultuous affray as 3. That the accused killed the said
referred to in Art. 251. child.
2. That a participant or some
participants thereof suffer serious Father or mother or legitimate other
physical injuries or physical injuries ascendant who kills a child less than
of a less serious nature only. three days old, to suffer penalty for
3. That the person responsible therefor parricide.
cannot be identified.
4. That all those who appear to have Other person who kills a child less
used violence upon the person of the than three days old, to suffer the
offended party are known. penalty for murder.
Injured must be a participant in the Only the mother and the maternal
affray grandparents of the child are
entitled to the mitigating
ART. 253 - GIVING ASSISTANCE TO circumstance of concealing the
SUICIDE dishonor.
PUNISHABLE ACTS: ART. 256 INTENTIONAL ABORTION

1. By assisting another to commit
suicide, whether the suicide is Willful killing of the foetus in the uterus
consummated or not. or the violent expulsion of the foetus
2. By lending his assistance to another from the maternal womb of the mother.
to commit suicide to the extent of
doing the killing himself. Ways of Committing Intentional
Abortion
EUTHANASIA 1. By using any violence upon the
Mercy Killing, is a practice of person of the pregnant woman
painlessly putting to death a person 2. By acting, without using violence and
suffering from some incurable disease. without the consent of the woman
It is punishable under this article. (by administering drugs or beverages
upon such pregnant woman without
her consent)

3. By acting, with the consent of the 3. That the offender, who must be a
pregnant woman (by administering physician or midwife, causes, or
drugs or beverages). assists in causing the abortion.
4. That said physician or midwife takes
ELEMENTS: advantage of his or her scientific
1. That there is a pregnant woman. knowledge or skill.
2. That violence is exerted, or drugs or
beverages administered, or that the As to Pharmacists, the elements are:
accused otherwise acts upon such 1. That the offender is a pharmacist.
pregnant woman. 2. That there is no proper prescription
3. That as a result of the use of from a physician.
violence or drugs or beverages upon 3. That the offender dispenses any
her, or any other act of the accused, abortive.
the foetus dies, either in the womb
or after having been expelled Section Three Duel
therefrom
4. That the abortion is intended ART. 260 RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
ART. 257 UNINTENTIONAL
ABORTION It is a formal or regular combat
previously concerted between two
ELEMENTS: parties in the presence of two or more
1. That there is a pregnant woman. seconds of lawful age on each side, who
2. That violence is used upon such make the selection of arms and fix all
pregnant woman without intending other conditions of the fight.
an abortion.
3. That the violence is intentionally PUNISHABLE ACTS
exerted. 1. By killing ones adversary in a duel.
4. That as a result of the violence the 2. By inflicting upon such adversary
foetus dies, either in the womb or physical injuries.
after having been expelled 3. By making a combat although no
therefrom. physical injuries have been inflicted.
ART. 258 ABORTION PRACTICED BY PERSONS LIABLE:

THE WOMAN HERSELF OR HER PARENTS 1. The person who killed or inflicted
physical injuries upon his adversary
ELEMENTS: or both combatants in any other
1. That there is a pregnant woman who case, as principals.
has suffered an abortion. 2. The seconds, as accomplices.
2. That the abortion is intended.
3. That the abortion is caused by- ART. 261 CHALLENGING TO A DUEL
a) the pregnant woman herself
b) any other person , with her PUNISHABLE ACTS:
consent; or 1. By challenging another to a duel.
c) any of her parents, with her 2. By inciting another to give or accept
consent, for the purpose of a challenge to a duel.
concealing her dishonor 3. By scoffing or decrying another
publicly for having refused to accept
ART. 259 ABORTION PRACTICED BY a challenge to fight a duel.
A PHYSICIAN OR MIDWIFE IN
DISPENSING OF ABORTIVES. Persons responsible under Art. 261
are:
ELEMENTS: 1. Challenger
1. That there is a pregnant woman who 2. Instigators
has suffered an abortion.
2. That the abortion is intended.

Ethics)
Chapter Two: Physical Injuries (Arts. b) loses the use of any such
262-266) member, or
c) becomes incapacitated for the
ART. 262 MUTILATION work in which he was therefore
habitually engaged, in
The lopping or the clipping of some part consequence of the physical
of the body. injuries inflicted.
3. When the person injured
TWO KINDS: a) becomes deformed, or
1. By intentionally mutilating another b) loses any other member of his
by depriving him, either totally or body, or
partially, of some essential organ for c) loses the use thereof, or
reproduction. d) becomes ill or incapacitated for
2. By intentionally making other the performance of the work in
mutilation, that is, by lopping or which he was habitually engaged
clipping off any part of the body of for more than 90 days, in
the offended party, other than the consequence of the physical
essential organ for reproduction, to injuries inflicted.
deprive him of that part of the body. 4. When the injured person becomes ill
or incapacitated for labor for more
ELEMENTS OF THE FIRST KIND: than 30 days (but must not be more
1. That there be castration, that is, than 90 days), as a result of the
mutilation of organs necessary for physical injuries inflicted.
generation, such as penis or
ovarium. There must not be intent to kill,
2. That the mutilation is caused otherwise the crime would be
purposely and deliberately, that is, homicide or murder as the case
to deprive the offended party of maybe.
some essential organ for
reproduction. Physical Injuries vs. Attempted or
Frustrated homicide
Offender must have the intention to PHYSICAL ATTEMPTED OR
deprive the offended party of a part INJURIES FRUSTRATED
of his body. HOMICIDE
ART. 263 SERIOUS PHYSICAL The offender inflicts Attempted homicide

INJURIES. physical injuries. may be committed,
even if no physical
How Committed: injuries are
inflicted.
1. by wounding
Offender has no The offender has an
2. by beating
intent to kill the intent to kill the
3. by assaulting offended party offended party.
4. by administering injurious
substance
REQUISITES OF DEFORMITY
SERIOUS PHYSICAL INJURIES: 1. Physical ugliness
1. When the injured person becomes 2. Permanent and definite abnormality
insane, imbecile, impotent or blind 3. Must be conspicuous and visible
in consequence of the physical
injuries inflicted. Medical Attendance is not important
2. When the njured person in serious physical injuries
a) loses the use of speech or the
power to hear or to smell, or QUALIFYING CIRCUMSTANCES:
loses an eye, a hand, a foot, an 1. Offense committed against persons
arm, or a leg. enumerated in the crime of
parricide.

2. With the attendance of circumstance ART. 266. SLIGHT PHYSICAL

which qualify the crime to murder. INJURIES AND MALTREATMENT
The qualified penalties are not KINDS:

applicable to parents who inflict 1. Physical injuries which incapacitated
serious physical injuries upon their the offended party from one to nine
children by excessive chastisement. days, or required medical
attendance during the same period
ART. 264 ADMINISTERING 2. Physical injuries which did not
INJURIOUS SUBSTANCE OR BEVERAGES. prevent the offended party from
engaging in his habitual work or
ELEMENTS: which did not require medical
1. That the offender inflicted upon attendance
another any serious physical injury. 3. Ill-treatment of another by deed
2. That it was done by knowingly without causing any injury
administering to him any injurious
substances or beverages or by taking When there is no evidence of actual
advantage of his weakness of mind injury, it is only slight physical
or credulity. injuries.
3. That he had no intent to kill.
ANTI-HAZING LAW
ART. 265 LESS SERIOUS PHYSICAL R.A. No. 8049
INJURIES.
HAZING is an initiation rite or practice
ELEMENTS: as a prerequisite for admission into
1. The offended party is incapacitated membership in a fraternity, sorority or
for labor for 10 days or more but not organization by placing the recruit,
more than 30 days, or needs neophyte or applicant in some
attendance for the same period. embarrassing or humiliating situations
2. The physical injuries must not be such as forcing him to do menial, silly,
those described in the preceding foolish, and similar activities or
articles. otherwise subjecting him to physical or
psychological suffering or injury.
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES: No hazing in any form or manner
1. A fine not exceeding P500, in shall be allowed without prior
addition to arresto mayor, shall be written notice to the school
imposed for less serious physical authorities seven (7) days before the
injuries when- conduct of such initiation.
a) there is manifest intent to insult The written notice shall indicate the
or offend the injured person, or period of the initiation activities
b) there are circumstances adding which shall not exceed three (3)
ignominy to the offense. days and shall contain an
2. A higher penalty is imposed when undertaking that no physical
the victim is either- violence shall be employed during
a) The offenders parents, the rites.
ascendants, guardians, curators If the person subjected to hazing
or teachers; or suffers any physical injury or dies as
b) Persons of rank or persons in a result thereof, the officers and
authority, provided the crime is members of the fraternity, sorority
not direct assault. or organization who actually
participated in the infliction of
physical harm shall be liable as
principals.

Ethics)
The owner of the place where the 2. By any person who, under any of the
hazing is conducted shall be liable as circumstances mentioned in
an accomplice, when he has actual paragraph 1 hereof, shall commit an
knowledge of the hazing conducted act of sexual assault by inserting his
therein but failed to take any action penis into another persons mouth or
to prevent the same from occurring. anal orifice of another person.
If the hazing is held in the home of Under R.A. 8353, the crime of rape
one of the officers or members of can now be committed by a male or
the fraternity, sorority or a female.
organization, the parents shall be
liable as principals when they have There is no crime of frustrated rape.
actual knowledge of the hazing The slightest penetration or mere
conducted therein but failed to touching of the genitals
prevent the same. consummates the crime of rape.
The presence of any person during ART. 266-B

the hazing is prima facie evidence of QUALIFIED RAPE: punishable by death
participation therein as a principal
unless he prevented the commission 1. When the victim is under 18 years of
of the prohibited acts. age and the offender is a parent,
ascendant, step-parent, guardian,
The mitigating circumstance that relative by consanguinity or affinity
there was no intention to commit so within the third civil degree, or the
grave a wrong shall not apply. common law spouse of the parent of
the victim.
2. When the victim is under the custody
Chapter Three: Rape (Arts 266-A 266- of the police or military authorities
B) or any law enforcement or penal
institution.
ART. 266-A. THE ANTI-RAPE LAW 3. When the rape is committed in full
(RA 8353) view of the spouse, parent, or any
of the children or other relatives
Classification of Rape within the third civil degree of
1. Traditional Rape under Art. 335 consanguinity.
2. Sexual Assault under R.A. 8353 4. When the victim is a religious
engaged in legitimate religious
How rape is committed: vocation or calling and is personally
1. By a man who shall have carnal known to be such by the offender
knowledge of a woman under any of before or at the time of the
the following circumstances: commission of the crime.
a) Through force, threat or 5. When the victim is a child below 7
intimidation years old.
b) When the offended party is 6. When the offender knows that he is
deprived of reason or otherwise afflicted with HIV/AIDS or any other
unconscious sexually transmissible disease and
c) By means of fraudulent the virus or disease is transmitted to
machinations or grave abuse of the victim.
authority 7. When committed by any member of
d) When the offended party is the AFP or para-military units
under twelve (12) years of age or thereof of the PNP or any law
is demented, even though none enforcement agency or penal
of the circumstances mentioned institution, when the offender took
above be present advantage of his position to
facilitate the commission of the
crime.

8. When by reason or on the occasion 2. That he kidnaps or detains another,

of the rape, the victim has suffered or in any other manner deprives the
permanent physical mutilation or latter of his liberty.
disability.. 3. That the act of detention or
9. When the offender knew the kidnapping must be illegal.
pregnancy of the offended party at 4. That in the commission of the
the time of the commission of the offense, any of the following
crime. circumstances is present:
10. When the offender knew the mental a) That the kidnapping or detention
disability, emotional disorder and/or lasts for more than 3 days.
physical disability of the offended b) That it is committed simulating
party at the time of the commission public authority.
of the crime. c) That any serious physical injuries
are inflicted upon the person
Death shall also be imposed when kidnapped or detained or threats
homicide is committed (this is a to kill him are made; or
special complex crime). d) That the person kidnapped or
detained is a minor, female, or a
ART. 266-C EFFECT OF PARDON public officer(cited in People vs.
Mercado)
EFFECTS OF PARDON
1. The subsequent valid marriage Intention to deprive the victim of his
between the offender and the liberty for purpose of extorting
offended party shall extinguish ransom on the part of the accused is
criminal liability (only as to the essential in the crime of kidnapping
husband)
2. The subsequent forgiveness of the QUALIFYING CIRCUMSTANCES: DEATH
wife to the legal husband shall PENALTY IS IMPOSED
extinguish the criminal action or the 1. Purpose is to extort ransom
penalty. 2. If victim is killed, raped or tortured
as a consequence
ART. 266-D PRESUMPTIONS
The essential element or act which
EVIDENCE WHICH MAY BE ACCEPTED IN makes the offense kidnapping is the
THE PROSECUTION OF RAPE: deprivation of an offended partys
1. Any physical overt act manifesting liberty under any of the four
resistance against the act of rape in circumstances enumerated. BUT
any degree from the offended party; when the kidnapping or detention
or was committed for the purpose of
2. Where the offended party is so extorting ransom, it is not necessary
situated as to render him/her that one or any of such
incapable of giving his consent circumstances enumerated in the
first par. of Art. 267 be present.
TITLE NINE: CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY There is a complex crime of
kidnapping with murder when the
Chapter One: Crimes Against Liberty victim is killed because of his refusal
(Arts. 267-274) to pay the ransom; kidnapping being
necessary to commit the murder.
Section One Illegal detention BUT where he was taken for the
purpose of killing him and not for
ART. 267 KIDNAPPING AND SERIOUS detaining him, crime committed is
ILLEGAL DETENTION MURDER.
ELEMENTS:
1. That the offender is a private
individual.

Ethics)
ILLEGAL ARBITRARY DELAY IN THE UNLAWFUL

DETENTION DETENTION DELIVERY OF ARREST (Art.
Committed by a Committed by a DETAINED PERSONS 269)
private individual public officer or (Art. 125)
who unlawfully employee who Detention is for some Detention is not
kidnaps, detains or detains a person legal ground authorized by
otherwise deprives a without legal ground law
person of liberty. Crime is committed by Committed by
Crime is against Crime against the failing to deliver such making an arrest
personal liberty and fundamental law of person to the proper not authorized
security the State judicial authority by law
within a certain period
ART. 268 SLIGHT ILLEGAL

DETENTION Section Two Kidnapping of minors
ELEMENTS: ART. 270 KIDNAPPING AND FAILURE

1. That the offender is a private TO RETURN A MINOR
individual.
2. That he kidnaps or detains another, ELEMENTS:
or in any manner deprives him of his 1. That the offender is entrusted with
liberty. the custody of a minor person ( over
3. That the act of kidnapping or or under 7 but less than 21)
detention is illegal. 2. That he deliberately fails to restore
4. That the crime is committed without the said minor to his parents or
the attendance of the circumstances guardian
enumerated in Art. 267.
When committed by either parent,
LIABILITY MITIGATED WHEN: penalty is only arresto mayor.
1. Offender voluntarily releases the
person so kidnapped or detained
within three days from the ART. 271 INDUCING A MINOR TO
commencement of the detention ABANDON HIS HOME
2. Without having attained the purpose
intended, and ELEMENTS:
3. Before the institution of criminal 1. That a minor (whether over or under
proceedings against him. seven years of age) is living in the
home of his parents or guardian or
the person entrusted with his
ART. 269 UNLAWFUL ARREST custody.
2. That the offender induces said minor
ELEMENTS: to abandon such home.
1. That the offender arrests or detains
another person Inducement must be (a) actual, and
2. That the purpose of the offender is (b) committed with criminal intent
to deliver him to the proper
authorities Father or mother may commit crimes
3. That the arrest or detention is not under ARTS. 270 & 271- where they
authorized by law are living separately and the custody
of the minor children has been given
No period of detention is fixed by to one of them
law under Art. 269.

Section Three Slavery and Servitude ELEMENTS:

a) The place is not inhabited
ART. 272 SLAVERY b) The accused found there a
person wounded or in danger
ELEMENTS: of dying
1. That the offender purchases, sells, c) The accused can render
kidnaps or detains a human being assistance without detriment
2. That the purpose of the offender is to himself
to enslave such human being d) The accused fails to render
assistance
2. By failing to help or render
ART. 273 EXPLOITATION OF CHILD assistance to another whom the
LABOR offender has accidentally wounded
or injured.
ELEMENTS: 3. By failing to deliver a child, under
1. The offender retains a minor in his seven years of age whom the
service offender has found abandoned, to
2. That it is under pretext of the authorities or to his family, or by
reimbursing himself of a debt failing to take him to a safe place.
incurred by an ascendant, guardian
or person entrusted with the custody ART. 276 ABANDONING A MINOR
of such minor
ELEMENTS:
1. That the offender has the custody of
ART. 274 SERVICES RENDERED a child .
UNDER COMPULSION IN PAYMENT 2. That the child is under seven years
of age.
ELEMENTS: 3. That he abandons such child.
1. That the offender compels a debtor 4. That he has no intent to kill the child
to work for him, either as household when the latter is abandoned.
servant or farm laborer.
2. That it is against the debtors will. Circumstances qualifying the offense
3. That the purpose is to require or 1. When the death of the minor
enforce the payment of a debt. resulted from such abandonment; or
2. If the life of the minor was in danger
because of the abandonment
Chapter Two: Crimes Against Security
(Arts. 275-289)
ART. 277 ABANDONMENT OF MINOR
Section One Abandonment of helpless ENTRUSTED WITH HIS CUSTODY;
persons and Exploitation of minors INDIFFERENCE OF PARENTS
ART. 275 ABANDONMENT OF PUNISHABLE ACTS:

PERSONS IN DANGER AND 1. By delivering a minor to a public
ABANDONMENT OF ONES OWN VICTIM institution or other persons without
the consent of the one who
PUNISHABLE ACTS: entrusted such minor to the care of
1. By failing to render assistance to any the offender or, in the absence of
person whom the offender finds in that one, without the consent of the
an uninhabited place wounded or in proper authorities.
danger of dying when he can render 2. By neglecting his (offenders
such assistance without detriment to children by not giving them the
himself, unless such omission shall education which their station in life
constitute a more serious offense. requires and financial condition
permits.

Ethics)
ELEMENTS OF ABANDONMENT OF 2. Employing children under 16 who are

MINOR: not children or descendants of the
1. That the offender has charge of the offender in exhibitions of acrobat,
rearing or education of a minor gymnast, rope-walker, diver, or wild
2. That he delivers said minor to a animal tamer, the offender being an
public institution or other persons acrobat, etc., or circus manager or
3. That the one who entrusted such engaged in a similar calling
child to the offender has not 3. Employing any descendant under 12
consented to such act, or if the one years of age in dangerous exhibitions
who entrusted such child to the enumerated in the next preceding
offender is absent, the proper paragraph, the offender being
authorities have not consented to it engaged in any of said callings
4. Delivering a child under 16
ELEMENTS OF INDIFFERENCE OF gratuitously to any person following
PARENTS: any calling enumerated in paragraph
1. That the offender is a parent two, or to any habitual vagrant or
2. That he neglects his children by not beggar, the offender being an
giving them education ascendant, guardian, teacher, or
3. That his station in life requires such person entrusted in any capacity
education and his financial condition with the care of such child
permits it 5. Inducing any child under 16 to
4. Failure to give education must be abandon the home of its ascendants,
due to deliberate desire to evade guardians, curators or teachers to
such obligation follow any person engaged in any
calling mentioned in paragraph two,
ABANDONMENT ABANDONMENT or to accompany any habitual
OF MINOR BY OF MINOR (ART. vagrant or beggar, the offender
PERSONS 276) being any person
ENTRUSTED WITH
CUSTODY (ART. R.A. 7610 punishes abuse,
277) exploitation and discrimination of
The custody of the The custody of the minors
offender is specific, offender is stated in
that is , the custody general
for the rearing or ART. 279 ADDITIONAL PENALTIES
education of the
FOR OTHER OFFENSES
minor
Minor is under 21 Minor is under 7
yrs. of age years of age Imposition of the penalties prescribed in
the preceding articles shall not prevent
Minor is delivered to Minor is abandoned the imposition upon the same person of
a public institution in such a way as to the penalty provided for any other
or other person deprive him of the felonies defined and punished under the
care and protection code
that his tender years
need Section Two Trespass to dwelling
ART. 280 QUALIFIED TRESPASS TO

ART. 278 EXPLOITATION OF DWELLING
MINORS.
ELEMENTS:
PROHIBITED ACTS: 1. That the offender is a private
1. Causing any boy or girl under 16 to person.
perform any dangerous feat of 2. That he enters the dwelling of
balancing, physical strength, or another.
contortion, the offender being any 3. That such entrance is against the
person latters will .

Qualified if committed by means of 3. If the place where entrance is made

violence/intimidation. is a caf, tavern, inn and other
public house, while the same are
Dwelling place means any building or open.
structure exclusively devoted for
rest and comfort. ART. 281 OTHER FORMS OF
TRESPASS
In general, all members of a
household must be presumed to have ELEMENTS:
authority to extend an invitation to 1. That the offender enters the closed
enter the house. premises or the fenced estate of
another.
There is an implied prohibition when 2. That the entrance is made while
entrance is made through means not either of them is uninhabited.
intended for ingress. 3. That the prohibition to enter be
manifest.
EXAMPLES OF TRESPASS BY MEANS OF 4. That the trespasser has not secured
VIOLENCE: the permission of the owner or the
1. Pushing the door violently and caretaker thereof.
maltreating the occupants after
entering. QUALIFIED OTHER FORMS OF
2. Cutting of a ribbon or string with TRESPASS TO TRESPASS (ART.
which the door latch of a closed DWELLING (ART. 281)
room was fastened. The cutting of 280)
the fastenings of the door was an act Offender is a private The offender is any
of violence. person person
3. Wounding by means of a bolo, the Offender enters a Offender enters
owner of the house immediately dwelling house closed premises or
after entrance fenced estate
without securing the
permission of the
EXAMPLES OF TRESPASS BY MEANS OF owner or caretaker
INTIMIDATION: thereof
1. Firing a revolver in the air by persons Place entered is Prohibition to enter
attempting to force their way into a inhabited must be manifest
house. Act constituting the It is the entering the
2. The flourishing of a bolo against crime is entering closed premises or
inmates of the house upon gaining an the dwelling against the fenced estate
entrance the will of the owner without securing the
permission of the
owner or caretaker
Prohibition is not necessary when
thereof
violence or intimidation is employed Prohibition to enter Prohibition to enter
by the offender. is express or implied must be manifest
Trespass may be committed by the Premises signifies distinct and definite

owner of a dwelling. locality. It may mean a room, shop,
building or definite area, but in either
CASES TO WHICH THE PROVISION OF case, locality is fixed.
THIS ARTICLE ARE NOT APPLICABLE:
1. If the entrance to anothers dwelling Section Three Threats and coercion
is made for the purpose of
preventing some serious harm to ART. 282 GRAVE THREATS
himself, the occupants of the
dwelling or a third person. PUNISHABLE ACTS:
2. If the purpose is to render some 1. Threatening another with the
service to humanity or justice. infliction upon his person, honor, or

Ethics)
property or that of his family of any 3. That there is a demand for money or
wrong amounting to a crime and that other condition is imposed even
demanding money or imposing any though not unlawful.
other condition even though not 4. That the offender has attained his
unlawful, and the offender attains purpose or, that he has not attained
his purpose. his purpose.
2. By making such threat without the
offender attaining his purpose. ART. 284 - BOND FOR GOOD
3. By threatening another with the BEHAVIOR
infliction upon his person, honor or
property or that of his family of any WHEN A PERSON IS REQUIRED TO GIVE
wrong amounting to a crime, the BAIL BOND
threat not being subject to a 1. When he threatens another under
condition. the circumstances mentioned in Art.
282.
Qualifying Circumstance: 2. When he threatens another under
If threat was made in writing or through the circumstances mentioned in Art.
a middleman. 283.
ELEMENTS OF GRAVE THREATS WHERE ART. 285 OTHER LIGHT THREATS

THE OFFENDER ATTAINED HIS
PURPOSE: PROHIBITED ACTS:
1. That the offender threatens 1. Threatening another with a weapon,
another person with the infliction or by drawing such weapon in a
upon the latters person, honor or quarrel, unless it be in lawful self-
property, or upon that of the defense.
latters family, of any wrong. 2. Orally threatening another, in the
2. That such wrong amounts to a heat of anger, with some harm
crime. constituting a crime , without
3. That there is a demand for money persisting in the idea involved in his
or that any other condition is threat
imposed, even though not unlawful. 3. Orally threatening to do another any
4. That the offender attains his harm not constituting a felony.
purpose.
ART. 286 GRAVE COERCION
ELEMENTS OF GRAVE THREATS NOT
SUBJECT TO A CONDITION: TWO WAYS OF COMMITTING GRAVE
1. That the offender threatens another COERCION:
person with the infliction upon the 1. By preventing another by means of
latters person, honor, or property, violence, threats or intimidation,
or upon that of the latters family, from doing something not prohibited
of any wrong. by law.
2. That such wrong amounts to a crime. 2. By compelling another, by means of
3. That the threat is not subject to a violence, threats or intimidation, to
condition. do something against his will,
whether it be right or wrong.
In the crime of threats, it is essential
that there be intimidation. ELEMENTS:
1. That a person prevented another
ART. 283 LIGHT THREATS from doing something not prohibited
by law, or by compelling him to do
ELEMENTS: something against his will, be it right
1. That the offender makes a threat to or wrong.
commit a wrong. 2. That the prevention or compulsion
2. That the wrong does not constitute a be effected by violence, either
crime. material force or such display of

force as would produce intimidation 2. Paying the wages due his laborer or
and control the will of the offended employee by means of tokens or
party. objects other than the legal tender
3. That the person that restrained the currency of the Philippines, unless
will and liberty of another had no expressly requested by such laborer
authority. or employee
WHEN PRISION MAYOR SHALL BE ELEMENTS OF NO. 1:

IMPOSED: 1. That the offender is any person ,
1. If the coercion is committed in agent or officer of any association or
violation of the exercise of the right corporation.
of suffrage. 2. That he or such firm or corporation
2. if the coercion is committed to has employed laborers or employees
compel another to perform any 3. That he forces or compels, directly
religious act or indirectly, or knowingly permits to
3. if the coercion is committed to be forced or compelled, any of his or
prevent another from performing any its laborers or employees to
religious act purchase merchandise or
commodities of any kind from him or
ART. 287 LIGHT COERCION from said firm or corporation.
ELEMENTS ELEMENTS OF NO. 2:

1. That the offender must be a 1. That the offender pays the wages
creditor. due a laborer or employee employed
2. That he seizes anything belonging to by him by means of tokens or objects
his debtor 2. That those tokens or objects are
3. That the seizure of the thing other than the legal tender currency
accomplished by means of violence of the Philippines.
or a display of material force 3. That such employee or laborer does
producing intimidation not expressly request that he be paid
4. That the purpose of the offender is by means of tokens or objects.
to apply the same to the payment of
the debt. ART. 289 FORMATION ,
MAINTENANCE, & PROHIBITION OF
Unjust vexation COMBINATION OF CAPITAL OR LABOR
Includes any human conduct which THROUGH VIOLENCE OR THREATS
although not productive of some physical
or material harm would, however, ELEMENTS:
unjustly annoy or vex an innocent 1. That the offender employs violence
person. or threats, in such a degree as to
compel or force the laborers or
ART. 288 OTHER SIMILAR employers in the free and legal
COERCIONS (COMPULSORY PURCHASE exercise of their industry or work.
OF MERCHANDISE & PAYMENT OF 2. That the purpose is to organize,
WAGES BY MEANS OF TOKENS) maintain or prevent coalitions of
capital or laborers or lockout of
PROHIBITED ACTS: employers.
1. Forcing or compelling, directly or
indirectly, or knowingly permitting The act should not be a more serious
the forcing or compelling of the offense
laborer or employee of the offender
to purchase merchandise or
commodities of any kind from him

Ethics)
Chapter Three: Discovery and Prejudice is an essential element of

Revelation of Secrets (Arts. 290-292) this offense
TITLE TEN: CRIME AGAINST PROPERTY
ART. 290 DISCOVERING SECRETS
THROUGH SEIZURE OF Chapter One: Robbery in General (Arts.
CORRESPONDENCE 293-305)
ELEMENTS: ART. 293 WHO ARE GUILTY OF

1. That the offender is a private ROBBERY
individual or even a public officer
not in the exercise of his official CLASSIFICATION OF ROBBERY
function 1. Robbery with violence against, or
intimidation of persons (294, 297,
2. That he seizes the papers or letters 298)
of another 2. Robbery by use of force upon things
(299& 302)
3. That the purpose is to discover the
secrets of such other person ELEMENTS OF ROBBERY IN GENERAL:
1. That there be personal property
4. That the offender is informed of the (bienes muebles) belonging to
contents of the papers or letters another;
seized 2. That there is unlawful taking
(apoderamiento or asportacion) of
ART. 291 REVEALING SECRETS that property.
WITH ABUSE OF OFFICE 3. That the taking must be with intent
to gain (animus lucrandi)
ELEMENTS: 4. That there is violence against or
1. That the offender is a manager, intimidation of any person/ or force
employee or servant used upon things
2. That he learns the secrets of his Violence or intimidation must be

principal or master in such capacity present before the taking of personal
property is complete.
3. That he reveals such secrets
Intent to gain is presumed juris
Damage not necessary tantum the moment there is
unlawful taking.
ART. 292 REVELATION OF
INDUSTRIAL SECRETS To constitute unlawful taking, it is
sufficient that the object was taken
ELEMENTS: and held by the offender in a
1. That the offender is a person in manner sufficient to enable him to
charge, employee or workman of a dispose of it as he intended, even if
manufacturing or industrial his possession thereof be merely
establishment temporary or even transitory.
2. That the manufacturing/industrial
establishment has a secret of the As long as the personal property
industry which the offender has does not belong to the accused who
learned has a valid claim thereover, it is
3. That the offender reveals such immaterial whether said offender
secrets stole it from the owner, a mere
4. That prejudice is caused to the possessor, or even a thief of the
owner property.

Where robbery was committed with

violence against or intimidation of ART. 294- ROBBERY WITH
persons, and force upon things was VIOLENCE AGAINST OR INTIMIDATION
also present and employed by the OF PERSONS
offender, the crime should be
categorized and punished under the ACTS PUNISHED UNDER THIS ARTICLE:
first mode. 1. When by reason or on occasion of
the robbery, the crime of homicide
If it is the owner who forcibly takes is committed; or when the robbery is
the personalty from its lawful accompanied by rape or intentional
possessor, the crime is estafa under mutilation or arson.
Art. 316(3) since the former cannot 2. When by reason or on occasion of
commit robbery on his own property such robbery any of the physical
even if he uses violence or injuries resulting in insanity,
intimidation. imbecility, impotency or blindness is
inflicted (subdivision 1 of Art. 263).
ANTI CARNAPPING ACT of 1972 3. When by reason or on occasion of
REPUBLIC ACT 6539 robbery, any of the physical injuries
CARNAPPING is the taking, with intent penalized in subdivision 2 of Art. 263
to gain, of motor vehicle belonging to is inflicted.
another without the latters consent, or 4. If the violence or intimidation
by means of violence against or employed in the commission of the
intimidation of persons, or by using force robbery is carried to a degree clearly
upon things. unnecessary for the commission of
The Act applies when the property taken the crime; or when in the course of
in robbery is a motor vehicle. its execution, the offender shall
have inflicted upon any person
CATTLE RUSTLING LAW of 1974 physical injuries covered by
P.D. 533 subdivisions 3 and 4 of Art. 263.
Cattle Rustling is defined as 5. If the violence employed by the
the taking away by means, method or offender does not cause any of the
scheme, without the consent of the serious physical injuries defined in
owner/raiser, of any large cattle Art. 263, or if the offender employs
whether or not for profit or gain, or intimidation only.
whether committed with or without
violence against or intimidation of These offenses are known as
persons or force upon things. It includes SPECIAL COMPLEX CRIMES.
the killing of large cattle or taking it as
meat or hide without the consent of the The term homicide is used in its
owner/raiser. generic sense and includes any kind
Large cattle shall include the of killing, whether parricide or
cow, carabao, horse, mule, ass, or other murder or where several persons are
domesticated member of the bovine killed and the name of this special
family. Goats are not large cattle. complex crime shall remain as
Presumption of Cattle Rustling robbery with homicide. The
Failure to exhibit the required qualifying circumstance (e.g.
documents by any person having in his treachery in murder) will only
possession, control, or custody of large become an aggravating
cattle, upon demand by competent circumstance.
authorities shall be prima facie evidence
that the large cattle in his possession, Additional rape/s or homicide/s are
control and custody are the fruits of the not considered aggravating. Unless
crime of cattle rustling. and until a law is passed providing
that the additional rape/s (or
Section One Robbery with violence homicide/s) may be considered
against or intimidation of persons aggravating, the Court must construe

Ethics)
the penal law in favor of the surprise in their respective

offender as no person may be conveyances; or
brought within its terms if he is not 5) On a street, road, highway, or alley,
clearly made so by the statue. and the intimidation is made with
(People vs. Sultan, April 27, 2000) use of firearms, the offender shall
be punished by the maximum period
Par. 5 is known as simple robbery or the proper penalties prescribed in
because they only involve slight or Art. 294.
less serious physical injuries, which
are absorbed in the crime of robbery This article provides five special
as an element thereof. aggravating circumstances which,
because they impose the penalty in
the maximum period and cannot be
THREATS TO ROBBERY THRU offset, are also considered as
EXTORT MONEY INTIMIDATION qualifying circumstances.
Intimidation is actual Intimidation is
and immediate conditional or future For robbery with violence or
intimidation in Art. 294, despoblado
Intimidation is Intimidation may be and cuadrilla need not concur, but in
personal through an robbery through force upon things
intermediary
(Art. 302), these two circumstances
Intimidation may Intimidation is
refer to person, directed only to the
have to concur in order to be
honor or property of person of the victim considered as and have the effect of
the offended party a special aggravating circumstance.
or of his family
The gain of the The gain of the If the crime committed is robbery
culprit is immediate culprit is not with homicide, rape, mutilation or
immediate arson (Par. 1) or with physical
injuries under subdivision 1 of Art.
263 (Par. 2), despoblado and
ROBBERY BRIBERY cuadrilla will each be considered
The victim is deprive of He parts with his only as a generic aggravating
his money, property by money in a sense circumstance.
force or intimidation voluntarily
On the matter of firearms, whether
the same are license or unlicensed,
if used on streets, etc., they become
ART. 295-ROBBERY WITH special aggravating circumstances.
PHYSICAL INJURIES, COMMITTED IN
AN UNINHABITED PLACE BY A
BAND OR WITH THE USE OF FIREARM ART.296-DEFINITION OF A BAND
ON A STREET, ROAD OR ALLEY AND PENALTY INCURRED BY THE
MEMBERS THEREOF
Qualified Robbery with Force Upon
Things or Intimidation of Persons: OUTLINE
1) When at least four armed
Nos. 3,4,5 of Article 294: if committed malefactors take part in the
1) In an uninhabited place (despoblado) commission of a robbery, it is
; or deemed committed by a band.
2) By a band (en cuadrilla); or 2) When any of the arms used in the
3) By attacking a moving train, street commission of robbery is not
car, motor vehicle, or airship; or licensed, the penalty upon all
4) By entering the passengers malefactors shall be the maximum of
compartments in a train, or in any the corresponding penalty provided
manner taking the passengers by by law without prejudice to the

criminal liability for illegal 1. If the physical injuries were by

possession of firearms. reason of the attempted or
3) Any member by a band who was frustrated robbery as the means for
present at the commission of a the commission of the latter, the
robbery by the band, shall be injuries are absorbed by the latter
punished as principal of any assaults and the crime shall only be
committed by the band, unless it be attempted or frustrated robbery.
shown that he attempted to prevent 2. If the physical injuries were inflicted
the same. only on the occasion of the aborted
robbery but not employed as a
Art. 296, just like Art. 295, also means of committing the latter,
applies only to robbery under Pars. these will be separate crimes of
3, 4 and 5 of Art. 294, and not to attempted or frustrated robbery and
robbery with homicide, rape, physical injuries.
intentional mutilation, arson or the 3. If both killing and physical injuries
physical injuries in Par. 1 of Art. were committed on that occasion,
263. the crime will be penalized in
accordance with Art. 297 but the
REQUISITES FOR LIABILITY FOR THE physical injuries will be absorbed.
ACTS OF OTHER MEMBERS OF THE
BAND:
1. He was a member of the band ART. 298-EXECUTION OF DEEDS
2. He was present at the commission of BY MEANS OF VIOLENCE OR
a robbery by that band INTIMIDATION
3. The other members of that band ELEMENTS
committed an assault 1. That the offender has intent to
4. He did not attempt to prevent the defraud another.
assault 2. That the offender compels him to
sign, execute, or deliver any public
instrument or document
ART 297-ATTEMPTED AND 3. That the compulsion is by means of
FRUSTRATED ROBBERY COMMITTED violence or intimidation.
UNDER CERTAIN CIRCUMSTANCES
SPECIAL COMPLEX CRIME: When robbery Section Two Robbery with the use of
is attempted or frustrated but homicide force upon things
is attendant
ART. 299-ROBBERY IN AN
Homicide under this article is also INHABITED HOUSE/PUBLIC BUILDING
used in its generic sense, to include OR EDIFICE DEVOTED TO WORSHIP
any other unlawful killing. However,
if the killing legally constituted ELEMENTS: (Subdivision A)
murder or parricide, the offense will 1. The offender entered (a) an
continue to be covered by Art. 297 inhabited house (b) a public building
with the technical name stated or (c) an edifice devoted to religious
therein, but the penalty shall be for worship
murder or parricide because Art. 297 2. The entrance was effected by any of
states, unless the homicide (killing) the following means:
committed shall deserve a higher a) Through an opening not
penalty under this Code. intended for entrance or
egress;
If physical injuries were inflicted on b) By breaking any wall, roof,
the victim, but no intent to kill was floor, door, or window;
proved and the victim did not die, the c) By using false keys, picklocks
liability of the offender may be as or similar tools; or
follows:

Ethics)
d) By using any fictitious name Inhabited house means any shelter,

or pretending the exercise of ship, or vessel constituting the dwelling
public authority. of one or more persons, even though the
3. That once inside the building, the inhabitants thereof shall temporarily be
offender took personal property absent therefrom when the robbery is
belonging to another with intent to committed.
gain
Dependencies of an inhabited house,
The whole body of the culprit must public building or building dedicated to
be inside the building to constitute religious worship all interior courts,
entering. corrals, warehouses, granaries or
enclosed places contiguous to the
Not every physical force exerted by building or edifice, having an interior
the offender is covered by Art. 299, entrance connected therewith, and
hence breaking store windows to which form part of the whole.
steal something but without entry, is
only theft. ART. 302 ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
ELEMENTS: (Subdivision B) BUILDING
1. Offender is inside a dwelling house,
public building or edifice devoted to Same manner of commission as Article
religious worship, regardless of the 299
circumstances under which he
entered. The only difference between Arts.
2. The offender takes personal property 299 and 302 is that the use of
belonging to another with intent to fictitious name or simulation of
gain under any of the following public authority can be used only in
circumstances: Art. 299 which refers to inhabited
a. by the breaking of doors, buildings and not in Art. 302 which
wardrobes, chests, or any involves uninhabited or other places.
other kind of sealed
furniture or receptacle While Art. 302 provides for robbery
b. by taking such furniture or in an uninhabited place, it
objects away to be broken actually means an uninhabited
open outside the place of house.
the robbery
ART. 304 POSSESSION OF
If the locked or sealed receptacle is PICKLOCKS OR SIMILAR TOOLS
not forced open, crime is estafa or
ELEMENTS:
theft.
1. That the offender has in his
ART. 300 ROBBERY IN AN possession picklocks or similar tools
UNINHABITED PLACE AND BY A BAND 2. That such picklocks or similar tools
are specially adopted to the
Under this article, robbery is commission of robbery
committed in an uninhabited place 3. That the offender does not have
AND by a band, as distinguished from lawful cause for such possession
Qualified Robbery with Violence or
Intimidation of Persons (Art 295) ART. 305 FALSE KEYS
which is committed in an
INCLUSIONS:
uninhabited place OR by a band.
1. Tools not mentioned in the next
preceding article
ART. 301 WHAT IS AN INHABITED
2. Genuine keys stolen from the
HOUSE, PUBLIC BUILDING OR BUILDING
owner
DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES

3. Any keys other than those intended BRIGANDAGE ROBBERY IN

by the owner for use in the lock BAND
forcibly opened by the offender. 1. Purpose: commit 1. Purpose: commit
robbery in highway; robbery, not
A master key is a picklock and its or to kidnap person necessarily in
for ransom; or any highways
possession is punishable. other purpose
attained by force
Chapter Two: Brigandage and violence
(Arts. 306-307) 2. Agreement is to 2. Agreement is to
PRESIDENTIAL DECREE 532 modified commit several commit a particular
Arts. 306 & 307 robberies robbery
3. Mere formation is 3. Actual
Highway Robbery/Brigandage is the punished commission of
robbery necessary
seizure of any person for ransom,
extortion or other unlawful purposes, or
the taking away of the property of
another by means of violence against or ART. 307 AIDING OR ABBETING A
intimidation of persons or force upon BAND OF BRIGANDS
things or other unlawful means,
committed by any person on any ELEMENTS:
Philippine Highway 1. That there is a band of brigands
Any person who aids or protects 2. That the offender knows the band to
highway robbers or abets the be of brigands
commission of highway robbery or 3. That the offender aids or abets:
brigandage shall be considered as an a) by giving information about the
ACCOMPLICE. movement of police or other
peace officers of the
ART. 306 BRIGANDAGE government
b) acquires or receives property
ELEMENTS: taken by such brigands
1. There be at least four armed c) in any manner derives any
persons benefit therefrom
2. They formed a band of robbers d) directly/indirectly abets the
3. The purpose is any of the following: commission of highway robbery
a. To commit robbery in a
highway; or Chapter Three: Theft (Arts. 308-311)
b. To kidnap persons for the
purpose of extortion or to ART. 308 WHO ARE LIABLE FOR
obtain ransom; or THEFT
c. To attain by means of force or
violence any other purpose ELEMENTS:
1. That there be taking of personal
The only things to prove are: property
1. That there is an organization of more 2. That said property belongs to
than three armed persons forming a another
band of robbers 3. That the taking be done with intent
2. That the purpose of the band is any to gain
of those enumerated in Art. 306 4. That the taking be done without the
3. That they went upon the highway or consent of the owner
roamed upon the country for that 5. That the taking be accomplished
purpose. without the use of violence against
4. That the accused is a member of or intimidation of persons or force
such band upon things

Ethics)
THE FOLLOWING ARE LIABLE FOR 3. The circumstances or causes that

THEFT: impelled the culprit to commit the
1. Those who (a) with intent to gain, crime.
(b) without violence or intimidation
of persons nor force upon things, (c) ART. 310-QUALIFIED THEFT
take (d) personal property (e) of
another (f) without the latters There is qualified theft in the following
consent instances:
2. Those who (a) having found lost 1. If theft is committed by a domestic
property, (b) fail to deliver the same servant
to the local authorities or to its 2. If committed with grave abuse of
owner confidence
3. Those who (a) after having 3. If the property stolen consists of
maliciously damaged the property of coconuts taken from the premises of
another, (b) remove or make use of plantation
the fruits or objects of the damaged 4. If the property stolen consists of
caused by them coconuts taken from the premises of
4. Those who (a) enter an enclosed plantation.
estate or a field where (b) trespass is 5. If the property stolen is taken from a
forbidden or which belonged to fishpond or fishery
another, and without the consent of 6. If property is taken on the occasion
the owner, (c) hunt or fish upon the of fire, earthquake, typhoon,
same or gather fruits, cereals or volcanic eruption, or any other
other forest or farm products calamity, vehicular accident or civil
disturbance
Theft is not a continuing offense.
What distinguishes THEFT from Penalty for qualified theft is two
ROBBERY is that in theft the degrees higher than that provided in
offender does not use violence or Art. 309.
intimidation or does not enter a
house or building through any of LAW ON ILLEGAL FISHING
the means specified in Art. 299 or P.D. 534
Art. 302 in taking personal property
of another with intent to gain Illegal Fishing- the act of any person to
catch, take or gather or cause to be
Theft is not limited to an actual caught, taken or gathered fish or
finder of lost property who does not fishery/aquatic products in Philippine
return or deposit it with the local waters with the use of explosives,
authorities but includes a policeman obnoxious or poisonous substances or by
to whom he entrusted it and who the use of electricity.
misappropriated the same, as the
latter is also a finder in law. PRESIDENTIAL DECREE 581
HIGHGRADING OR THEFT OF GOLD
Theft of electricity is also punishable
under RA 7832, the Anti-Electricity Highgrading or Theft of Gold the
and Electric Transmission act of any person who shall take gold-
Lines/Materials Pilferage Act of bearing ores or rocks from a mining
1994. claim or mining camp or shall remove,
collect or gather gold-bearing ores or
ART. 309 PENALTIES rocks in place or shall extract or remove
the gold; from such ores or rocks, or
THE BASIS OF PENALTY IN THEFT IS: shall prepare and treat such ores or
1. The value of the thing stolen, and in rocks to recover or extract the gold
some cases, content thereof, without the consent of
2. The value and the nature of the the operator of the mining claim.
property taken, or

Presumption: unauthorized possession Chapter Four: Usurpation

by any person within a mining claim or (Arts. 312-313)
mining camp of gold-bearing ores or
rocks, or of gold extracted or removed ART. 312-OCCUPATION OF REAL
from such ores or rocks, shall be prima PROPERTY OR USURPATION OF REAL
facie evidence that they have been RIGHTS IN PROPERTY
stolen from the operator of a mining
claim (Sec. 2) ELEMENTS:
ANTI FENCING LAW 1. That the offender takes possession

(P.D. 1612) of any real property or usurps any
real rights in property.
Section 2. Definition of Terms.
Fencing the act of any person who, w/ 2. That the real property or real rights
intent to gain for himself or for another, belong to another.
shall buy, receive, possess, keep,
acquire, conceal, sell, or dispose of, or 3. That violence against or intimidation
shall buy and sell, or in any other of persons is used by the offender in
manner deal any article, item, object or occupying real property or usurping
anything of value which he knows, or real property or usurping real right
should be known to him, to have been in property.
derived from the proceeds of the crime
of robbery or theft. 4. That there is intent to gain.
Section 5. Presumption of Fencing ACTS PUNISHABLE UNDER ART. 312

Mere possession of any good, article,
item, object, or anything of value which 1. By taking possession of any real
has been the subject of robbery or property belonging to another by
thievery shall be prima facie evidence of means of violence against or
fencing. intimidation of persons
Section 6. Clearance/Permit to Sell 2. By usurping any real rights in

Used/ Second Hand Articles. property belonging to another by
means of violence against or
All stores, establishments or intimidation of persons
entities dealing in the buy and sell
of any good, article, item, object
or anything of value shall, before THEFT/ROBBERY ART. 312
offering the same for sale to the
public, secure the necessary Personal property is Real property or real
clearance or permit from the taken right involved
station commander of the
Integrated National Police in the ART. 313 ALTERING BOUNDARIES
town or city where such store, OR LANDMARK
establishment or entity is located. ELEMENTS:
1. That there be boundary marks or
Any person who fails to secure the monuments of towns, provinces, or
required clearance/permit shall estates, or any other marks intended
also be punished as a fence. to designate the boundaries of the
same
2. That the offender alters said
boundary marks

Ethics)
Chapter Five: Culpable Insolvency (Art. property by the offender, or denial

314) on his part of such receipt
3. That such misappropriation or
ART. 314- FRAUDULENT INSOLVENCY conversion or denial is to the
prejudice of another
ELEMENTS: 4. That there is demand made by the
1. That the offender is a debtor offender party to the offender
2. That he absconds with his property
3. That there be prejudice to his Art. 315, No. 1 (b) does not apply
creditors when the contract between the
accused and complainant has the
Unlike in the Insolvency Law, Art. effect of transferring to the accused
314 does not require for its ownership of the thing received. The
application that the criminal act default in the return of the thing
should have been committed after received will only entail civil
the institution of insolvency liability.
proceedings.
The thing to be delivered or
returned by the offender must the
Chapter Six: Swindling and Other very object which he received.
Deceits (Arts. 315-318)
GENERAL RULE: There must be a formal
ART. 315-SWINDLING/ESTAFA demand on the offender to comply with
his obligation before he can be charged
ELEMENTS in general with estafa.
1. That the accused defrauded another EXCEPTIONS:
by abuse of confidence, or by means 1. When the offenders obligation to
of deceit comply is subject to a period, and
2. That the damage or prejudice 2. When the accused cannot be located
capable of pecuniary estimation is despite due diligence.
caused to the offended party or third
persons NOVATION THEORY
May apply prior to the filing of the
ESTAFA WITH UNFAITHFULNESS OR criminal information in court by the
ABUSE OF CONFIDENCE state prosecutor, because up to that
time, the original trust relation may be
ELEMENTS OF 315, NO. 1 (A): converted by the parties into an ordinary
1. That the offender has an onerous creditor-debtor situation, thereby
obligation to deliver something of placing the complainant in estoppel to
value insist on the original trust. But after the
2. That he alters its substance, judicial authorities have taken
quantity or quality cognizance of the crime and instituted
3. That damage or prejudice capable of action in court, the offended party may
pecuniary estimation is caused to no longer divest the prosecution of its
the offended party or third persons power to exact the criminal liability, as
distinguished from the civil. (People vs.
ELEMENTS OF 315 NO.1 (B) Nery, 10 SCRA 244)
1. That money, goods, or other
personal property be received by the THEFT ESTAFA
offender in trust, or on commission, if the offender if in receiving the thing
or for administration, or under any had acquired from the offended party,
other obligation involving the duty to only the the offender acquired also
make delivery of , or to return, the material or the juridical possession of
same physical the thing and the later
2. That there be misappropriation or possession of misappropriated it
the thing
conversion of such money or

ESTAFA MALVERSATION property, credit, agency, business or

The funds or Usually public funds or imaginary transactions
property are private property 3) By means of other similar deceits
Offender is a Offender who is usually
private individual or a public officer is
even a public accountable for public ILLEGAL RECRUITMENT
officer who is not funds or property
Under the Migrant Workers Act
accountable for
public funds or R.A. No. 8042
property.
Crime is committed Crime is committed by Illegal Recruitment - Any act of
by appropriating taking or canvassing, enlisting, hiring, or procuring
misappropriating, misappropriating or workers, including referring contract
converting or consenting, or through services, promising or advertising for
denying having abandonment or employment abroad, whether for profit
received money, negligence, permitting or not, when undertaken by a non-
goods, or other any other person to
licensee or non-holder of authority.
personal property take the public funds or
property
Any such non-licensee or non-holder of
ELEMENTS OF 315, NO. 1 (C) authority who, for a fee, offers and
1. That the paper with the signature of promises employment abroad to two or
the offended party be in blank more persons shall be deemed so
2. That the offended party should have engaged in illegal recruitment.
delivered it to the offender
3. That above signature of the offended Economic Sabotage:
party a document is written by the Illegal recruitment by syndicate -
offender without authority to do so committed by a group of three (3) or
4. That the document so written more persons conspiring or confederating
creates a liability of, or causes with one another.
damage to the offended party or any Large Scale Illegal Recruitment
third person committed against three (3) or more
persons.
ESTAFA BY MEANS OF DECEIT (Art. 315,
nos. 2 and 3) Penalty for Illegal Recruitment
involving economic sabotage is
ELEMENTS OF 315 NO. 2: punishable by life imprisonment and
1. That there must be false pretense, fine of P500,000 to P1,000,000.
fraudulent act or fraudulent means
2. That such false pretense, act or 315 No. 2 (B)
fraudulent means must be made or
executed prior to or simultaneously By altering, the quality, fineness
with the commission of fraud or weight of anything pertaining to his
3. That the offended party must have business
relied on the false pretense,
fraudulent act, or fraudulent means, 315 No. 2 (C)
that is, he was induced to part with
is money or property because of By pretending to have bribed any
fraudulent means Government employee
4. That as a result thereof, the
offended party suffered damage The accused, by pretending to have
bribed a government employee, can
315 No. 2 (A) be held further liable for such
1) By using a fictitious name calumny in a criminal action for
2) By falsely pretending to possess either slander or libel depending on
power, influence, qualifications, how he recounted the supposed
bribery.

Ethics)
ELEMENTS OF 315 No. 2 (D) 2) Failing to keep sufficient funds to

1. That the offender postdated a cover check if presented within a
check, or issued a check in payment period of 90 days from the date
of an obligation appearing thereon.
2. That such postdating or issuing a Elements:
check was done when the offender a. That a person has sufficient
had no funds in the bank, or his funds with the drawee bank
funds deposited therein were not when he makes or issues a
sufficient to cover the amount of the check
check b. That he fails to keep sufficient
funds or to maintain a credit to
The issuance by the offender of the cover the full amount if
check (whether postdated or not), presented within a period of 90
prior to or simultaneous with the days from the date of appearing
transaction, must be for the purpose thereon.
of contracting the obligation, c. That the check is dishonored.
otherwise if the check is issued in
payment of a preexisting obligation, Evidence of Knowledge of Insufficient
no estafa is committed. Funds:
If the check was issued by the debtor Refusal of drawee bank to pay
only for security of the creditor, as the check due to insufficiency of funds
in the nature of promissory notes but when presented within 90 days from the
not to be encashed, no estafa will be date of the check shall be prima facie
involved. knowledge of insufficiency of funds,
unless the drawer or maker pays the
BOUNCING CHECKS LAW holder the amount due thereon or makes
BATAS PAMBANSA Blg. 22 arrangements for the payment thereof
by the drawee within five (5) banking
Section 1. Checks Without Sufficient days after receipt of notice that the
Funds check was dishonored.
Offenses punished in BP 22 That the checks were presented

1) Making or Drawing and issuing a beyond the 90-day period provided in
check knowing at the time of issue Sec. 2 of BP 22 is not an element of the
that he does not have sufficient offense but merely a condition for the
funds. prima facie presumption of knowledge of
Elements: the insufficiency of funds. (NAGRAMPA
a. That a person draws a check vs. PEOPLE OF THE PHILIPPINES, G.R. No.
b. That the check is made or 146211. August 6, 2002)
drawn and issued to apply on
account or for value. Under SC Administrative Circular 12-
c. That the person knows that at 2000:
the time of issue he does not Where the circumstances of both
have sufficient funds in or the offense and the offender clearly
credit with the drawee bank for indicate good faith or a clear mistake of
the payment of such check fact without taint of intelligence, the
upon its presentment imposition of fine alone should be
d. That the check is subsequently considered as the more appropriate
dishonored by the drawee bank penalty.
for insufficiency of funds or It mere lays down a rule of
credit, or would have been preference in the application of the
dishonored for the same reason penalties provided for in B.P. 22. The
had not the drawer, without circular does not delete the penalty of
any valid reason, ordered the imprisonment, for should the judge
bank to stop payment. decide that imprisonment is the more

appropriate penalty, the circular ought 3 WAYS TO COMMIT 315, NO. 2(E)
not to be a hindrance. 1) By obtaining food, refreshment or
accommodation at hotel, inn,
Prosecution under BP 22 shall be restaurant, boarding house, lodging
without prejudice to any liability for house or apartment house without
any violation in the RPC. paying thereof, with intent to
defraud the proprietor or manager
The fine under BP22 is based on the thereof
amount of the check and is without 2) By obtaining credit at any of the
regard to the amount of damage said establishments by the use of
caused. any false pretense
3) By abandoning or surreptitiously
The accused will be liable for the removing any part of his baggage
dishonor of the check even if it was from any of the said establishment
issued in payment of a preexisting after obtaining credit, food,
legal obligation as he issued that refreshment or accommodation
check to apply on account. therein, without paying
BP Blg. 22 vs. Estafa ELEMENT OF 315 NO. 3 (A)

BP 22 RPC 1. That the offender induced the
offended party to sign a document
1. endorser is not 1. endorser who acted 2. That deceit be employed to make
liable; with deceit knowing him sign the document
that the check is 3. That the offended party personally
worthless will be signed the document
criminally liable; 4. That prejudice be caused
2.malum prohibitum; 2. malum in se;
315 No. 3 (B)
Resorting to some fraudulent
3. Issuance of check 3. it is the means to practice to insure success in a gambling
is for value or on obtain the valuable game
account consideration from the
payee (debt is not ELEMENTS OF 315 NO. 3 (C)
preexisting) 1. That there be court record, office
files, documents or any other papers
2. That the offender removed,
4. Deceit and 4. False pretenses or
concealed or destroyed any of them
damage are not deceit and damage, or
elements of the at least intent to cause 3. That the offender had intent to
crime; the gravamen damage, are essential defraud another
of the offense is the and the false pretenses
issuance of the must be prior to or INFIDELITY IN ESTAFA
check simultaneous with the CUSTODY OF (Art. 315 C)
damage caused. DOCUMENT
5. The drawer is 5. given 3 days after (Art. 226)
given 5 days after receiving notice of
receiving notice of dishonor;
dishonor within Offender is a public The offender is a
which to pay or officer who is private individual
make arrangements officially entrusted who is not officially
for payment; with the document entrusted with the
6. that there are no 6. that there are no documents
funds or no funds or there are
sufficient funds at insufficient funds at the If there is no intent to defraud, it
the time of issuance time of issuance could be malicious mischief.
or at the time of
presentment if made
within 90 days.

Ethics)
ART. 316-OTHER FORMS OF d) That prejudice is thereby caused

SWINDLING to the possessor or third person.
PERSONS LIABLE:
1. Any person who, pretending to be 4. Any person who, to the prejudice of
the owner of any real property, shall another, shall execute any fictitious
convey, sell, encumber or mortgage contract
the same.
5. Any person who shall accept any
ELEMENTS: compensation given under the belief
a) That the thing be immovable, that it was in payment of services
such as a parcel of land or a rendered or labor performed by him,
building. when in fact he did not actually
b) That the offender who is not the perform such services or labor
owner of said property should
represent that he is the owner 6. Any person who, while being a surety
thereof. in a bond given in a criminal or civil
c) That the offender should have action, without express authority
executed an act of ownership from the court or before the
(selling, leasing, encumbering or cancellation of his bond or before
mortgaging the real property). being relieved from the obligation
d) That the act be made to the contracted by him, shall sell,
prejudice of the owner or a third mortgage, or, in any other manner,
person. encumber the real property or
properties with which he guaranteed
2. Any person who, knowing that real the fulfillment of such obligation.
property is encumbered, shall
dispose of the same, although such
encumbrance be not recorded. ART. 317-SWINDLING A MINOR
ELEMENTS: ELEMENTS:
a) That the thing disposed of be 1. That the offender takes advantage of
real property. the inexperience or emotions or
b) That the offender knew that the feelings of a minor
real property was encumbered, 2. That he induces such minor to
whether the encumbrance is assume an obligation, or to give
recorded or not. release, or to execute a transfer of
c) That there must be express any property right.
representation by the offender 3. That the consideration is some loan
that the real property is free of money, credit, or other personal
from encumbrance. property
d) That the act of disposing of the 4. That the transaction is to the
real property be made to the detriment of such minor
damage of another.
3. The owner of any personal property ART. 318-OTHER DECEITS

who shall wrongfully take it from its
lawful possessor, to the prejudice of 1. By defrauding or damaging another
the latter or any third person by any other deceit not mentioned in
ELEMENTS: the preceding articles
a) That the offender is the owner
of personal property. 2. By interpreting dreams, by making
b) That said personal property is in forecasts telling fortunes, by taking
the lawful possession of another. advantage of the credulity of the
c) That the offender wrongfully public in any other manner, for
takes it from its lawful profit or gain
possessor.

Chapter Seven: Chattel Mortgage (Arts. Chapter Eight: Arson and Other Crimes
319) Involving Destructions (Arts. 320-326B)
ART 319-REMOVAL, SALE OR PLEDGE ART. 320-326-b

OF MORTGAGED PROPERTY REPEALED BY PD 1613
PD 1613-AMENDING THE LAW ON
ELEMENTS: (par 1) ARSON
1. Personal property mortgaged under ARSON when any person burns or sets
Chattel Mortgage Law fire to the property of another, or his
2. Offender knows such mortgage own property under circumstance which
3. He removes personal property to any expose to danger the life or property of
province or city other than the one another.
in which it was locate at the time of
the execution of the mortgage KINDS OF ARSON
4. Removal is permanent 1. Arson (Sec. 1, PD No. 1613)
5. No written consent of mortgagee, 2. Destructive arson (Art. 320, as
executors, administrators, or assigns amended by RA No. 7659)
to such removal 3. Other cases of arson (Sec. 3, PD No.
1613)
ELEMENTS: (par 2)
1. Personal property pledged under DESTRUCTIVE ARSON
Chattel Mortgage Law. Burning of:
2. Offender, who is the mortgagor, sells 1) Any ammunition factory and other
or pledges the same property or any establishment where explosives,
part thereof inflammable or combustible
3. No consent of mortgagee written at materials are stored
the back of the mortgage and noted 2) Any archive, museum, whether
on the record thereof in the Office public or private, or any edifice
of the Register of Deeds devoted to culture, education or
social services
Damage to the mortgagee not 3) Any train, airplane or any aircraft,
essential vessel of watercraft, or conveyance
for transportation of persons or
Art. 319 distinguished from estafa (Art. property
316) by disposing of encumbered 4) Any church or place of worship or
property other building where people usually
ART. 319 ART. 316 (PAR. 2) assemble
The property The property 5) Any building where evidence is kept
involved is personal involved is real for use in any legislative, judicial,
property. property. administrative or other official
Selling or pledging of To constitute estafa, proceeding
personal property it is sufficient that 6) Any hospital, hotel, dormitory,
already pledged or the real mortgaged
mortgaged is lodging house, housing tenement,
be sold as free, even
committed by the though the vendor shopping center, public or private
mere failure to obtain may have obtained market, theater or movie house or
the consent of the the consent of the any similar place or building
mortgagee in writing, 7) Any building, whether used as a
mortgagee in writing.
even if the offender
should inform the
dwelling or not, situated in a
purchaser that the populated or congested area
thing sold is
mortgaged. OTHER CASES OF ARSON
The purpose of the The purpose is to Burning of:
law is to protect the protect the purchaser, 1) Any building used as offices of the
mortgagee. whether the first or
the second.
Government or any of its agencies
2) Any inhabited house or dwelling

Ethics)
3) Any industrial establishment, 3) That the act of damaging anothers

shipyard, oil, well or mine shaft, property be committed merely for
platform or tunnel the sake of damaging it.
4) Any plantation farm, pasture land,
growing crop or grain field, orchard, ART. 328 SPECIAL CASES OF
bamboo grove or forest MALICIOUS MISCHIEF (QUALIFIED)
5) Any rice mill, sugar mill, cane mill,
or mill central 1) Causing damage to or obstructing the
6) Any railway or bus station, airport, performance of public functions.
wharf, or warehouse 2) Using poisonous or corrosive
substances
SPECIAL AGGRAVATING 3) Spreading any infection or contagion
CIRCUMSTANCES IN ARSON among cattle.
1) If committed with intent to gain 4) Causing damage to the property of
2) If committed for the benefit of the National Museum or National
another Library, or to any archive or registry,
3) If the offender be motivated by spite waterworks, road, promenade, or
or hatred towards the owner or any other thing used in common by
occupant of the property burned the public.
4) If committed by a syndicate
ART. 329 OTHER MISCHIEFS
The offense is committed by a
syndicate if it is planned or carried Mischief not included in the next
out by a group of three or more preceding article.
persons
ART. 330 DAMAGE AND
If a part of the building commences OBSTRUCTION TO MEANS OF
to burn, the crime is consummated COMMUNICATION.
arson, however small is the portion
burned. PERSON LIABLE:
When there is fire, the crime Any person who shall damage
committed is either frustrated or any railway, telegraph or telephone
consummated arson, never lines.
attempted.
The offense is qualified if the
Mere conspiracy to commit arson is damage shall result in the derailment of
punishable. cars, collision or other accident.
There is no complex crime of arson Art. 330 does not apply when the
with homicide. telegraph or telephone do not
pertain to railways
Chapter Nine: Malicious Mischief (Arts.

327-331) Chapter Ten: Exemption from Criminal
Liability in Crimes Against Property
ART. 327 MALICIOUS MISCHIEF (Arts. 332)
ELEMENTS ART.332 PERSON EXEMPT FROM

1) That the offender deliberately CRIMINAL LIABILITY.
caused damage to the property of
another CRIMES INVOLVED:
2) That such act does not constitute 1) Theft
arson or other crimes involving 2) Swindling
destruction 3) Malicious mischief

PERSON EXEMPTED: 3. That as regards the man with whom

1) Spouses, ascendants and she has sexual intercourse, he must
descendants, or relatives by affinity know her to be married.
on the same line.
2) The widowed spouse with respect to The gist of the crime of adultery is
the property which belonged to the the danger of introducing spurious
deceased spouse before the same heirs into the family, where the
shall have passed to the possession rights of the real heirs may be
of another. impaired and a man may be charged
3) Brothers and sisters and brothers in with the maintenance of a family not
law and sisters in law, if living his own.
together. Adultery is committed even if the
marriage is subsequently declared
Stepfather, adopted father, natural void.
children, concubine, paramour Abandonment of the wife by the
included husband without justification is only
a mitigating circumstance.
Also applies to common-law spouses.
Requirements of pardon
TITLE ELEVEN: CRIMES AGAINST 1. must come before the institution
CHASTITY of the criminal prosecution
2. both offenders must be
Crimes against chastity are also pardoned.
referred to as private crimes, or
crimes which cannot be prosecuted ART. 334 CONCUBINAGE
de oficio, because of the
requirement that the prosecution ELEMENTS:
thereof be upon a sworn written 1. That the man must be married
complaint of the offended party or 2. That he committed any of the ff.
certain persons authorized by law. acts:
a. Keeping a mistress in the
The crimes against chastity which conjugal dwelling.
cannot be prosecuted de oficio are: b. Having sexual intercourse under
a) Adultery (Art. 333) scandalous circumstances with a
b) Concubinage (Art. 334) women who is not his wife
c) Acts of lasciviousness with or c. Cohabiting with her in any other
without consent (Arts. 336, 339) place
d) Seduction whether qualified or 3. As regards to the woman, she must
simple (Arts. 337, 338), and know him to be married.
e) Abduction which may be forcible
or consented (Arts. 342, 343) Adultery is more severely punished
than concubinage.
But corruption of minors (Art. 340) REASON: Because adultery makes
and white slave trade (Art. 341) can possible the introduction of another
be prosecuted de oficio. mans blood into the family so that
the offended husband may have
Chapter One: Adultery and another mans son bearing his
Concubinage (Arts. 333-334) (husbands) name and receiving
ART. 333 ADULTERY support from him.
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with
a man not her husband

Ethics)
Chapter Two: Acts of Lasciviousness Chapter Three: Seduction, Corruption

(Art. 336) of Minors, and White Slave Trade (Arts.
337-341)
(Art. 335 has been repealed by RA No.
8353 (Anti-Rape Law of 1997) effective ART. 337 QUALIFIED SEDUCTION
Oct. 22, 1997. Provisions on Rape are
found in Arts. 266-A to 266-D under TWO CLASSES:
Crimes Against Persons) 1. Seduction of a virgin over 12 years
and under 18 years of age by persons
ART. 336 ACTS OF who abuse their authority or the
LASCIVIOUSNESS confidence reposed.
2. Seduction of a sister by her brother
ELEMENTS: or descendant by her ascendant,
1. That the offender commits any act regardless of her age and reputation.
of lasciviousness or lewdness
2. That the act of lasciviousness is ELEMENTS:
committed against a person of either 1. That the offended party is a virgin
sex 2. She must be over 12 and under 18
3. That it is done under any of the years of age
following circumstances: 3. That the offender had sexual
a) By using force or intimidation intercourse with her
b) When the offended party is 4. That there is abuse of authority,
deprived of reason or otherwise confidence or relationship on the
unconscious part of the offender
c) By means of fraudulent
machination or grave abuse of VIRGIN as understood in this article,
authority refers to a woman of chaste character or
d) When the offended party is a woman of good reputation. Virginity in
under 12 years of age or is this sense does not mean physical
demented virginity.
ATTEMPTED ACTS OF The following may be the OFFENDERS

RAPE LASCIVIOUSNESS 1. Those who abused their
authority
The acts performed There is no intent to a. Persons in public
by offender clearly have sexual authority
indicate that his intercourse b. Guardian
purpose was to lie c. Teacher
with the offended
d. Person who, in any
woman, it is
attempted or capacity, is entrusted
frustrated rape with the education or
custody of the woman
The lascivious acts The lascivious acts are seduced
are but the the final objective 2. Those who abused confidence
preparatory acts to sought by the offender reposed in them
the commission of a. Priest
rape b. House servant
c. Domestic
Manner of commission is the same
3. Those who abused their
relationship
The performance of lascivious character is
common to both a. Brother who seduced his
sister
Notes: Just like rape, there can be no b. Ascendant who seduced
frustrated acts of lasciviousness. his descendant

A domestic is different from a house attendant in rape had there been

servant, it means any person living under carnal knowledge,
the same roof as a member of the same would constitute
household, and includes boarders or either qualified
seduction or simple
houseguests but not transients or
seduction
visitors.
The offended party is The offended party
ART. 338 SIMPLE SEDUCTION a female or a male should only be
female
ELEMENTS:
1. That the offended party is over 12 Both treat of acts of lasciviousness
and under 18 years of age.
2. That she must be of good reputation, There is an oversight in the law where
single or widow the victim is exactly 12 years of age. If
3. That the offender has sexual the victim is below 12, the crime will be
intercourse with her rape, or unconsented acts of
4. That it is committed by means of lasciviousness or forcible abduction.
deceit. Hence Art. 339 stating over 12 years of
age should be construed as twelve
It is not required in simple seduction years of age and over, thus construing
that the victim be a virgin. the doubt in favor of the accused.
ART. 339 ACTS OF ANTI-SEXUAL HARRASMENT ACT

LASCIVIOUSNESS WITH THE R.A. No. 7877
CONSENT OF THE OFFENDED
PARTY. Persons penalized:
Employer, employee, manager,
ELEMENTS: supervisor, teacher, professor,
1. That the offender commits acts of instructor, coach, trainor, or any other
lasciviousness or lewdness person having authority, influence, or
2. That the acts are committed upon a oral ascendancy over another in a work,
woman who is a virgin or single or a education or training-related
widow of good reputation, under 18 environment.
years of age but over 12 years, or a
sister or descendant regardless of Prohibited acts:
her reputation or age.. Demanding, requesting, or otherwise
3. That the offender accomplishes the requiring any sexual favor from the
acts by abuse of authority, other, regardless of whether the
confidence, relationship or deceit. demand, request, or requirement is
accepted by the object of the act.
Art. 336 and 339 compared:
ART. 336 ART. 339 ART. 340 CORRUPTION OF MINORS
(AS AMENDED BY BP 92)
The acts are The acts of
committed under lasciviousness are PROHIBITED ACTS - to promote or
circumstances which, committed under the facilitate the prostitution or corruption
had there been circumstances which,
of persons under age to satisfy the lust
carnal knowledge, had there been
would amount to carnal knowledge,
of another.
rape would amount to
either qualified SPECIAL PROTECTION OF CHILDREN
seduction or simple AGAINST CHILD ABUSE ACT (R.A. 7610)
seduction Child prostitution and attempt to
commit child prostitution are punished
The acts are The lascivious acts under this Act.
committed under the are committed under
circumstances circumstances which,

Ethics)
Sec. 5. Child Prostitution 3. That the abduction is with lewd

and other Sexual Abuse design
Children whether male or
female, who for money, profit or FORCIBLE GRAVE COERCION/
other consideration or due to the ABDUCTION KIDNAPPING
coercion or influence of any
adult syndicate or group, indulge With Lewd design No lewd design
in sexual intercourse or
lascivious conduct are deemed Conviction of acts of lasciviousness is
to be children exploited in not a bar to conviction of forcible
prostitution and other sexual abduction
abuse.
Attempted Rape is absorbed by
ART. 341 - WHITE SLAVE TRADE Forcible Abduction as the former
constitutes the element of lewd
PROHIBITED ACTS: design.
1. Engaging in the business of
prostitution ART. 343- CONSENTED ABDUCTION:
2. Profiting by prostitution
3. Enlisting the services of women for ELEMENTS:
the purpose of prostitution. 1. That the offended party must be a
virgin
CORRUPTION OF WHITE SLAVE 2. That she must be over 12 and under
MINORS TRADE 18 years if age
3. That the taking away of the
It is essential that Minority need not be offended party must be with her
victims are minors involved consent, after solicitation or
cajolery from the offender
May have victims of Limited only to 4. That the taking away of the
either sex females offended party must be with lewd
designs
May not necessarily Generally for profit
be for profit
If girl is under 12 ALWAYS FORCIBLE
Committed by a Generally ABDUCTION.
single act committed
habitually CRIMES AGAINST CHASTITY WHERE AGE
AND REPUTATION OF THE VICTIM ARE
Chapter Four: Abduction Arts. 342- IMMATERIAL:
343) 1) Acts of lasciviousness against the will
of the offended party; or against a
ABDUCTION is meant the taking away sister or descendant
of a woman from her house or the place 2) Qualified Seduction of sister or
where she may be for the purpose of descendant
carrying her to another place with 3) Forcible Abduction
intent to marry or corrupt her.
Chapter Five: Provisions Relating to
TWO KINDS OF ABDUCTION the Preceding Chapters of Title Eleven
1. Forcible abduction (Art. 342) (Arts. 344-346)
2. Consented abduction (Art. 343)
ART. 344- PROSECUTION OF THE
ART. 342 - FORCIBLE ABDUCTION CRIMES OF ADULTERY,
ELEMENTS: CONCUBINAGE, SEDUCTION,
1. That the person abducted is a ABDUCTION, RAPE AND ACTS OF
woman LASCIVIOUSNESS.
2. That the abduction is against her will

1. Adultery and concubinage must be ART. 345 CIVIL LIABILITY OF

prosecuted upon the complaint PERSONS GUILTY OF CRIMES AGAINST
signed by the offended spouse. CHASTITY.
2. Seduction, abduction and acts of
lasciviousness must e prosecuted PERSONS WHO ARE GUILTY OF RAPE,
upon the complaint signed by: SEDUCTION, OR ABDUCTION SHALL
a. Offended party ALSO BE SENTENCED:
1. even if a minor 1. To indemnify the offended
2. if of legal age and not woman;
incapacitated, only she 2. To acknowledge the offspring,
can file complaint EXCEPT:
3. If a minor or (a) in adultery and concubinage
incapacitated and since only a natural child
refuses to file either of may be acknowledged
the next succeeding (b) where either the offended
persons may file: party or the accused is
b. Either of the parents married
c. Either of the (c) when paternity cannot be
grandparents whether determined as in multiple
paternal or maternal rape
side (d) other instances where the
d. Legal or judicial law should prevent the
guardians offender from doing so;
e. The State, as parens 3. In every case to support the
patriae when the offspring.
offended party dies or
becomes incapacitated ART. 346 LIABILITY OF ASCENDANTS,
before she could file the GUARDIANS, TEACHERS, OR OTHER
complaint and she has no PERSONS ENTRUSTED WITH THE
known parents, CUSTODY OF THE OFFNEDED PARTY
grandparents or
guardians. This article provides for liability of
the persons who act as accomplices
Pardon in adultery and concubinage in crimes against chastity (EXCEPT
may be express or implied; whereas adultery and concubinage where
express pardon of the offender is there can be no acomplices nor
required to bar prosecution for acessories), shall be punished as
seduction, abduction, abduction, or principals.
acts of lascivousness. In addition, teachers or persons
entrusted with education and
Condonation is not pardon in guidance of the youth are penalized
concubinage or adultery any with disqualification.
subsequent act of the offender Furthermore, all those falling within
showing that there was no the terms of this article shall be
repentance will not bar the punished with special
prosecution of the offense. disqualification from the office of
Pardon by the offended party who is guardian.
a minor must have the concurrence
of parents except when the TITLE TWELVE: CRIMES AGAINST THE
offended party has no parents. CIVIL STATUS OF PERSONS
Marriage of the offender with the
offended party benefits the co- Chapter One: Simulation of Births and
principals, accomplices and Usurpation of Civil Status (Arts. 347-
accessories. 348)

Ethics)
ART. 347 SIMULATION OF BIRTHS, yet be presumed dead according to

SUBSTITUTION OF ONE CHILD FOR the Civil Code.
ANOTHER, CONCEALMENT OR 3. That he contracts a second marriage
ABANDONMENT OF A LEGITIMATE or subsequent marriage
CHILD. 4. That the second or subsequent
marriage has all the essential
ACTS PUNISHED: requisites for validity.
1. Simulation of births
2. Substituting of one child for another A person convicted of bigamy may
3. Concealing or abandoning any still be prosecuted for concubinage.
legitimate child with intent to cause
such child to lose its civil status The second spouse who knew of the
first marriage is an accomplice, as
Object of the crime under ART. 347 well as the person who vouched for
is the creation of false or the causing the capacity of either of the
of the loss of civil status. contracting parties.
Art. 276 distinguished from Art. 347 ART. 350 MARRIAGE CONTRACTED
ART. 276 ART. 347 AGAINST PROVISIONS OF LAWS.
Crime against Crime against the ELEMENTS:

security. civil status of a 1. That the offender contracted
person. marriage
2. That he knew at the time that
The offender must The offender is any a) The requirements of the law
be the one who has person.
the custody of the
were not complied with; or
child. b) The marriage was in disregard
of a legal impediment.
The purpose of the The purpose is to c) The offender must not be guilty
offender is to avoid cause the child to of bigamy.
the obligation of lose its civil status.
rearing and caring Qualifying Circumstance - if either of
for the child. the contracting parties obtains the
consent of the other by means of
ART. 348 USURPATION OF CIVIL violence, intimidation or fraud.
STATUS
ART. 351 PREMATURE
Usurping the civil status of another is MARRIAGES
committed by assuming the filiation,
or the parental or conjugal rights of PERSON LIABLE:
another with intent to enjoy the
rights arising from the civil status of 1. A widow who married within 301
the latter. days from the date of the death of
her husband, or before having
Crime is qualified if the purpose is to delivered if she is pregnant at the
defraud offended parties and heirs. time of his death.
2. A woman whose marriage having
Chapter Two: Illegal Marriages (Arts. been annulled or dissolved, married
349-352) before delivery or before expiration
of the period of 301 days after the
ART. 349 BIGAMY date of legal separation.
ELEMENTS
1. That the offender is legally married Period may be disregarded if the
2. That the marriage has not been first husband was impotent or
dissolved or, in case the spouse is sterile.
absent the absent spouse could not

ART. 352 PERFORMANCE OF When the communication is

ILLEGAL MARRIAGES PRIVILEGED, malice is not presumed
Priests, or ministers of any religious from the defamatory words.
denomination or sect, or civil authorities
who shall perform or authorize any legal Guidelines when several persons are
marriage ceremony. defamed:
TITLE THIRTEEN: CRIMES AGAINST a. If the defamation is made on

HONOR different occasions or by independent
acts, there are as many crimes of libel as
Chapter One: Libel (Arts. 353-362) there are persons directly addressed
Section One Definitions, forms, and with such statements or directly referred
punishment of this crime to.
b. If the defamation is made on a
ART. 353 LIBEL single occasion:
- Where the same was directed
ELEMENTS: at a class or group of numerous persons
1. That, there must be an imputation of in general terms only without any
a crime, or a vice or defect, real or particular person being directly
imaginary, or any act, omission, addressed, there is no victim identified
condition, status or circumstance or identifiable, hence no actionable
2. That the imputation must be made libel.
publicly - If the statement is so sweeping
3. That it must be malicious or all embracing as to apply to every
4. That the imputation must be individual in that group or class so that
directed at a natural person or a each individual therein can prove that
juridical person, or one who is dead the defamatory statement specifically
5. That the imputation must tend to pointed to him, he can bring his action
cause the dishonor, discredit, or separately.
contempt of the person defamed. - If several identifiable victims
are libeled in a single article, there are
Test of Defamatory Imputation: as many crimes of libel as there are
is what the article conveyed to a fair and persons defamed.
reasonable man and that is what should
be considered, not the intent of the ART. 354 REQUIREMENT FOR
writer. PUBLICITY
INPUTATION MAY COVER: MALICE IN LAW Every defamatory

1. Crime allegedly committed by the imputation is presumed to be malicious,
offended party even if it be true, if no good intention or
2. Vice or defect, real or imaginary, of justifiable motive is shown.
the offended party
3. Any act, omission, condition, status The PRESUMPTION is rebutted if it is
of, or circumstances relating to the shown by the accused that
offended party a) The defamatory imputation is true,
in case the law allows proof of the
2 TYPES OF MALICE: truth of the imputation (see Art.
1. Malice in fact shown by proof of ill- 361)
will, hatred, or purpose to injure; b) It is published with good intention
also known as EXPRESS MALICE. c) There is justifiable motive for
2. Malice in law presumed from making it
defamatory imputation; proof is not
required because it is presumed to MALICE is not presumed in the following
exist from the defamatory cases involving qualifiedly privileged
imputation. communication:

Ethics)
a) Private communication made by any EXCEPTION:

person to another in the When a peace officer is
performance of any legal, moral or authorized by written order from the
social duty. court.
b) A fair and true report of any judicial, Any recording, communication or
legislative, or other proceedings spoken word obtained in violation of the
which are not of confidential nature provisions of this Act INADMISSIBLE IN
or of any statement, report, or EVIDENCE IN ANY JUDICIAL, QUASI-
speech delivered in said JUDICIAL OR ADMINISTRATIVE HEARING
proceedings, or of any other act OR INVESTIGATION.
performed by public officers in the
exercise of their functions. ART. 355 LIBEL BY MEANS OF
WRITINGS OR SIMILAR MEANS
Therefore, qualifiedly privileged
communications must be made with Committed by means of:
malice and bad faith in order to be 1. Writing
actionable. 2. Printing
An absolutely privileged 3. Lithography
communication is not actionable even 4. Engraving or theatrical
if made in bad faith. Specifically exhibition
recognized in the Constitution as 5. Radio
absolutely privileged are statements 6. Phonograph
made in official proceedings of 7. Painting
Congress by members thereof, as an 8. Cinematographic
implementation of their parliamentary 9. Or any similar means
immunity.
Statements made in judicial Defamation through amplifier system is
proceedings are privileged but only if slander not libel.
pertinent or relevant to the case
involved. If defamatory remarks are made in the
heat of passion which culminated in a
THE ANTI-WIRE TAPPING ACT threat, the derogatory statements will
R.A. No. 4200 not constitute an independent crime of
libel but a part of the more serious
SECTION 1.Unlawful acts by any person crime of threats.
or participant, not authorized by all the
parties to any private communication or ART. 356 THREATENING TO
spoken word. PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A
1. To tap any wire or cable COMPENSATION
2. To use any other device or
arrangement to secretly overhear, Prohibited acts:
intercept or record such 1) Threatening another to publish a
communication by using a device libel concerning him, or his parents,
known as dictaphone, dictagraph, spouse, child or other members of
detectaphone, walkie-talkie or the family.
tape-recorder. 2) Offering to prevent the publication
3. To knowingly possess any tape/wire of such libel for compensation or
or disc record, or copies of any money consideration
communication or spoken word
4. To replay the same for any person or This is also known as blackmail. Art.
persons 283 regarding light threats is another
5. To communicate the contents form of blackmail.
thereof, verbally or in writing It is essential that the threat to
6. To furnish transcriptions thereof, publish, or to offer to prevent the
whether complete or partial publication of libel must be for a

compensation or money consideration, in ART. 359 - SLANDER BY DEED

order it may be penalized under this
article. SLANDER BY DEED is a crime against
honor which is committed by performing
ART. 357 PROHIBITED any act which casts dishonor, discredit
PUBLICATION OF ACTS REFERRED TO IN or contempt upon another person.
THE COURSE OF OFFICIAL
PROCEEDINGS ELEMENTS:
1. That the offender performs any act
ELEMENTS: not included in any other crime
1. That the offender is a reporter, against honor
editor or manager of a newspaper, 2. That such act is performed in the
daily or magazine presence of other persons
2. He publishes facts connected with 3. That such act cast dishonor,
the private life of another discredit, or contempt upon the
3. Such facts are offensive to the offended party.
honor, virtue and reputation of said
person Common Element of Slander by deed
and Unjust Vexation Irritation or
This article is referred to as the Gag Annoyance; Without any other
Law because while a report of an official concurring factor, it is only Unjust
proceeding is allowed, it gags those who Vexation; if the purpose is to shame or
would publish therein facts which this humiliate, Slander by deed.
article prohibits, and punishes any
violation thereof. Section Two General Provisions
Under Republic Act No. 1477: ART. 360 - PERSONS RESPONSIBLE

A newspaper reporter cannot be FOR LIBEL.
compelled to reveal the source of the
news report he made, unless the court or 1. The person who publishes exhibits or
a House or committee of Congress finds causes the publication or exhibition of
that such revelation is demanded by the any defamation in writing or similar
security of the state. means.
ART. 358 SLANDER (oral 2. The author or editor of a book or

defamation) pamphlet.
KINDS: 3. The editor or business manager of a

1. Simple slander daily newspaper magazine or serial
2. Grave slander, when it is of a serious publication.
and insulting nature
4. The owner of the printing plant which
Factors that determine the gravity of publishes a libelous article with his
the oral defamation: consent and all other persons who in any
a. expressions used way participate in or have connection
b. personal relations of the accused and with its publication.
the offended party.
c. the circumstances surrounding the ART. 361 - PROOF OF TRUTH
case.
d. social standing and position of the WHEN PROOF OF THE TRUTH IS
offended party. ADMISSIBLE IN A CHARGE FOR LIBEL:
1. When the act or omission imputed
The slander need not be heard by constitutes a crime regardless of
the offended party whether the offended party is a
private individual or a public officer.

Ethics)
2. When the offended party is a written or spoken calculated to cause

Government employee, even if the word in besmirching dishonor, discredit,
imputation does not constitute a the victims or contempt upon
crime, provided it is related to the reputation the offended party.
discharge of his official duties.
ART. 364. INTRIGUING AGAINST
Defense in Defamation: HONOR.
1. It appears that the matters charged
as libelous is true; Committed by any person who
2. It was published with good motives; shall make any intrigue which has for its
3. AND for a justifiable end. principal purpose to blemish the honor
or reputation of another.
ART. 362 LIBELOUS REMARKS
TITLE FOURTEEN: QUASI-OFFENSES
Libelous remarks or comments
connected with the matter privileged Sole Chapter: Criminal Negligence (Art.
under the provisions of Art. 354, if made 365)
with malice, shall not exempt the author
thereof nor the editor or managing ART. 365 IMPRUDENCE AND
editor of a newspaper from criminal NEGLIGENCE
liability.
ELEMENTS (RECKLESS IMPRUDENCE):
Chapter Two: Incriminatory 1. That the offender does or fails to do
Machinations (Art. 363-364) an act.
2. That the doing of or the failure to do
ART. 363 INCRIMINATING that act is voluntary.
INNOCENT PERSONS. 3. That it be without malice.
4. That material damage results.
ELEMENTS: 5. That there is inexcusable lack of
1. That the offender performs an act precaution on the part of the person
2. That by such act he directly performing or failing to perform such
incriminates or imputes to an act taking into consideration -
innocent person the commission of a a) Employment or occupation.
crime b) Degree of intelligence,
3. That such act does not constitute physical condition. and
perjury c) Other circumstances
regarding persons, time and
INCRIMINATING PERJURY BY place.
INNOCENT MAKING FALSE
PERSONS ACCUSATIONS ELEMENTS (SIMPLE IMPRUDENCE):
1) That there is lack of precaution on
the part of the offender.
Limited to the act of Giving of false
planting evidence statement under oath
2) That the damage impending to be
and the like in order or making a false caused is not immediate nor the
to incriminate an affidavit, imputing to danger clearly manifest.
innocent person the person the
commission of a Art 64 relative to mitigating and
crime aggravating circumstances is not
applicable to crimes committed
through negligence
INCRIMINATING
INNOCENT DEFAMATION THE PENALTIES PROVIDED FOR IN
PERSONS ARTICLE 365 ARE NOT APPLICABLE
WHEN:
Offender does not Imputation is public a) the penalty provided for the offense
avail himself of and malicious is equal to or lower than those

provided in the first two paragraphs

of Art 365
b) by imprudence or negligence, and
with violation of the Automobile
Law, the death of a person shall be
caused
Failing to lend help is a qualifying

circumstance, it raises the penalty one
degree higher.
Except: Sec. 55 of RA 4136, the driver

can leave his vehicle without aiding the
victims if
(1) he is in imminent danger of being
harmed,
(2) he wants to report to the nearest
officer of the law, or
(3) he desires to summon a physician
or a nurse for medical
assistance to the injured.
- END OF BOOK TWO-

Ethics)

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San Beda College of Law 55

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE

Treason absorbs crimes committed in ART. 116- MISPRISION OF TREASON

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

117, by reason of the public 2. That such acts provoke or give

CRIMINAL LAW COMMITTEE

Even if the correspondence contains high seas or in Philippine waters the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

Mutiny the unlawful resistance to a abandoned their victims without

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

If the offender is a private individual 3. That the offender without good

ART. 126- DELAYING RELEASE

CRIMINAL LAW COMMITTEE

COMMON ELEMENTS: mentioned in Art. 128 must be found in

QUALIFYING CIRCUMSTANCES: Punishable Acts:

MEANING OF: A search warrant shall be valid for

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

ART. 130- SEARCHING DOMICILE Section Four Crimes against religious

ELEMENTS: ART. 132- INTERRUPTION OF

ART.131-PROHIBITION, ART. 133- OFFENDING RELIGIOUS

COMMON ELEMENTS: Acts notoriously offensive to the

CRIMINAL LAW COMMITTEE

Chapter One: Rebellion, Coup detat, Rebellion distinguished from

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

ART. 135- PENALTY FOR REBELLION ART. 136- CONSPIRACY &

CRIMINAL LAW COMMITTEE

Inciting to rebellion distinguished from Tumultuous if caused by more than

Public uprising and an object of

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

ELEMENTS OF ACT #1 certain, then its right to protect itself

CRIMINAL LAW COMMITTEE

The complaint for disturbance of Parliamentary immunity does not

ART. 145 VIOLATION OF

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

PERSONS LIABLE IN ILLEGAL Illegal association distinguished from

2. Persons merely present at the It is necessary that It is not necessary

The persons liable The persons liable

CRIMINAL LAW COMMITTEE

and security b. That he is assaulted by reason

Offended party need not be a DIRECT ASSAULT IS QUALIFIED WHEN:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

When PA or APA descended to 3. Refusing to answer any legal inquiry

2. Refusing to be sworn or placed under The accused must have knowledge

CRIMINAL LAW COMMITTEE

Direct assault distinguished from Inciting to sedition or rebellion

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

R.A. No. 248 prohibits the reprinting, Committed in two ways:

CRIMINAL LAW COMMITTEE

Detention prisoners and minor pardon by the Chief Executive.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE