RPC Book 2 and SPLs I: CRIMES AGAINST NATIONAL SECURITY

Bar Saturday Panic TREASON (114)

Modes:
Reviewer o A. Levying war against the Philippines by:
1. Assembling armed men
2. To achieve treasonous design by force
Copyright (2011) o B. Adhering to the enemy, by giving aid or comfort
Intent:
Roland Glenn T. Tuazon
o To deliver country to the enemy
Ateneo de Manila School of Law o If only to overthrow: rebellion
Feel free to share, but no watermarking please Two-witness rule:
o Quantity of witnesses is not enough; the witnesses
must be credible. Each witness must testify to the
Contents same overt act.
o No need for two-witnesses if there is confession in
I: CRIMES AGAINST NATIONAL SECURITY .................................. 1
open court.
II: CRIMES AGAINST FUNDAMENTAL LAW................................... 3 Notes:
III: CRIMES AGAINST PUBLIC ORDER......................................... 5 o Only committed during war time
o All persons are regarded as principals
IV: CRIMES AGAINST PUBLIC INTEREST ................................... 10 o Absorbs common crimes
V: RELATED TO OPIUM ........................................................... 15 o Delito continuado
o ISL does not apply
VI: CRIMES AGAINST PUBLIC MORALS .................................... 16
o Articles 13 and 14 do not apply
VII: CRIMES COMMITTED BY PUBLIC OFFICERS ......................... 16 o Occupation of a State is not a defense; what matters is
VIII: CRIMES AGAINST PERSONS ............................................ 20 that the original government is still de jure
Which aliens are liable for treason:
IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY .......... 26 o 1. Dual citizens who do not renounce Filipino
X: CRIMES AGAINST PROPERTY ............................................... 29 citizenship
o 2. Resident aliens
XI: CRIMES AGAINST CHASTITY .............................................. 35
Cases:
XII: CRIMES AGAINST CIVIL STATUS ....................................... 36 o P v. Lozano: Sexual and social relations with Japanese
XIII: CRIMES AGAINST HONOR ............................................... 37 soldiers do not materially improve their war effort.

XIV: CRIMINAL NEGLIGENCE .................................................. 38 CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

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 Notes:
o If they actually commit treason, this crime loses
juridical personality
o Need not be war time
MISPRISION OF TREASON (116)
Elements:
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
Notes:
o Only committed by Filipinos, not foreigners. Thus,
dual citizens, who are foreigners too, may NOT be
liable for misprision of treason.
N.B. compare to treason itself: even dual
citizens can commit treason
o Article 20 (accessories exempt from criminal liability)
does not apply
o Punished as an accessory to treason. But he is still a
principal of misprision of treason.
ESPIONAGE (117)
Modes:
o 1. Without authority, entering warship, fort, etc. to
obtain information, etc. of confidential nature
o 2. Possessing by reason of public office the confidential
information, etc. and disclosing them to foreign
representative
Notes:
o First mode: mere entering with intent consummates
o Need not be war time
FLIGHT TO ENEMY COUNTRY (121)
Elements:
o 1. War involving RP
o 2. Offender has allegiance to RP
o 3. Offender attempts to flee to enemy country
o 4. Going there is prohibited by competent authority
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PIRACY (122-3)
Modes:
o 1. Attacking or seizing a vessel on high seas or
Philippine waters
o 2. Seizing cargo, equipment, or personal belongings or
complement or passengers on high seas or Philippine
Waters
Elements:
o 1. Vessel in high seas or RP waters
o 2. The offenders must not be members of the
complement or passengers
o 3. Commits either of the two modes above
o 4. Intent to gain
Crimes committed by crew members or passengers:
o Mutiny if they unlawfully resist superior officer or raise
disturbances on board
o Robbery or theft
Qualifying circumstances:
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save
themselves
o 3. Attended by murder, homicide, PI (includes
attempted/frustrated homicide), or rape
Notes:
o RA 7659 added Philippine waters, not just high seas
o PD 532 applies if the offenders were purposely
organized not just for one act of robbery, but several
indiscriminate commissions thereof.
o Do not apply Art 48 common crimes committed in
pursuance of piracy absorbed
o RA 9372 piracy can be predicate crime for terrorism
ANTI-HIJACKING LAW (RA 6235)
Modes:
o 1. Compel a change of course of a Philippine aircraft or
seize control thereof while in flight
 In flight when all the external doors are o Mere conspiracy punished
closed after embarkation II: CRIMES AGAINST FUNDAMENTAL LAW
o 2. Compel foreign aircraft to land in Philippine territory
or seize control thereof while in the Philippines ARBITRARY DETENTION (124)
o 3. Ship, load, or carry in public passenger aircraft Elements:
explosive, corrosive, flammable, or poisonous o 1. Offender is public officer or employee
materials o 2. Detains person
o 4. Ship, load, or carry in cargo aircraft any of the same o 3. Without legal ground
materials against regulations by the Civil Aeronautics Distinguish:
Association o If offender is private person and purpose is to deprive
Special aggravating circumstances for modes 1 and 2: liberty, kidnapping
o 1. Firing upon the pilot, crew, or passenger of the o If offender is private person and purpose is to arrest
aircraft and deliver to authorities but without legal ground,
o 2. Exploded or attempted to explode a bomb to unlawful arrest
destroy the aircraft Notes:
o 3. Accompanied by murder, homicide, PI, or rape o Public officer or employee must be authorized to detain
HUMAN SECURITY ACT (RA 9372) another person
District Foresters, for Forestry Act; School
Elements of terrorism: officials for Dangerous Drugs
o A. Sowing widespread and extraordinary fear and panic o Barangay officials authorized to detain are only
among the populace persons in authority if they act within their jurisdiction
o B. To coerce the government to give into an unlawful o May be committed by dolo or culpa (ex. re-arresting a
demand person released by court order already)
o C. By violating any of the ff laws: o If with excessive force, there can be arbitrary
Piracy or mutiny, rebellion/insurrection, coup detention complexed with PI
detat, murder, kidnapping and serious illegal o Need not actually be convicted for the crime enough
Detention, crimes involving destruction for there to be probable cause for arrest to be valid
PD 1613 law on arson
RA 6969 toxic substances and nuclear waste ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO
JUDICIAL AUTHORITIES (125)
RA 5207 atomic energy regulatory and
liability Elements:
RA 6235 anti-hijacking law o 1. Offender is public officer or employee
PD 532 anti-piracy and anti-highway robbery o 2. Detained a person legally
PD 1866/RA 8294 illegal possession of o 3. Fails to deliver person to proper judicial authorities
firearms and unlawful manufacture/use of within proper time period
explosives 12 hours light
Notes: 18 hours correctional

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 36 hours afflictive VIOLATION OF DOMICILE (128)
3 days under the HSA
Notes:
o Applies to SPL using RPC nomenclature
o Periods based on what the crime appears to be, as to
the arresting officer
o Finish inquest within period allowed, then deliver to
judicial authorities: filing with trial court
o Not with prosecutor (otherwise, if the detainee
requests for prelim investigation, waive Art. 125)
o Remember insuperable cause defense in Art. 12(7)
o If private person delays in delivery, illegal detention
o Failure of officer to comply with Article 125 does not
affect the legality of the confinement.
ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)
Modes:
o 1. Officer delays release of arrested person (either
convict or detention prisoner) beyond period provided.
o 2. Unduly delays service of notice of such order to the
prisoner
o 3. Unduly delays proceedings upon petition for
liberation (habeas corpus)
EXPULSION (127)
Elements:
o 1. Offender is public officer or employee
o 2. He either:
Expels a person from the RP (131)
Compels someone to change residence
o 3. He is not authorized by law
Note:
o Probation Law allows change of residence as
condition
o Only President can expel from RP
o HSA suspect may be granted bail, but placed under
house arrest under usual place of residence
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Modes:
o 1. Entered dwelling
o 2. Searched without consent
o 3. Surreptitiously entered and refused to leave
Notes:
o If all three modes committed, just one crime still
o May only be committed by public officers or employees
with authority to arrest, or to seize property of
another.
o If entry made through a way not intended for ingress,
there is entry against will of owner denial is implied
o Owner also includes lessee
SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF
WARRANT LAWFULLY OBTAINED (129)
Modes:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in
executing legal search warrant
Notes:
o Article 48 DOES NOT apply. There are two crimes
committed (Ex. perjury and procurement of malicious
search warrant, separately; or offering false testimony
in evidence [e.g. deposition] and procurement of
malicious search warrant)
PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS
Acts punishable:
o 1. Prohibiting/interrupting/dissolving peaceful meeting
without legal ground
o 2. Hindering persons from joining lawful association or
preventing them from attending
o 3. Prohibiting or hindering persons from petitioning to
authorities for correction of abuses or grievances
Notes:
 o If done by a private person stranger to the meeting, it naval/armed forces), depriving the President or
is serious disturbance/tumults (Art. 153) Congress of any of its powers or prerogatives
o If done by member of meeting, it is unjust vexation Distinguish:
ANTI-TORTURE ACT (RA 9745) o Rebellion overthrow government and supersede it
o Insurrection minor change as to certain matters in
Modes: government or to prevent exercise of government
o 1. Physical torture authority as to certain matters
o 2. Mental or psychological torture Notes:
o 3. Other cruel, inhuman, and degrading treatment o Political crime
o 4. Secret detention, solitary confinement, o Can be private or public individuals
incommunicado o Vast movement of people; involving multitudes
Note: o Continuing crime
o Torture is jus cogens o Common crimes are absorbed by the political crime.
o Immediate commanding officer of the unit or But there may be civil liability for these
immediate senior public official who knew of the predicate crimes
torture/CIDT and couldve prevented it but didnt is a o No frustrated rebellion. Consummated upon
principal commission of overt acts
o No amnesty for torturers
Special aggravating circumstances: COUP DETAT (134-A)
o 1. Death results Elements:
o 2. Mutilation results o 1. Swift attack by violence, intimidation, threat,
o 3. With rape or sexual abuse strategy, stealth
o 4. Victim became insane, an imbecile, impotent, blind, o 2. Against:
or maimed for life A. Duly constituted authorities of the
o 5. Against children Philippines
Dual nature of torture: B. Any military camp or installation,
o Torture is both an aggravating circumstance and a communications network, public
separate and independent crime in itself utilities/facilities for exercise of power
o 3. Carried out by military or police or public officers
III: CRIMES AGAINST PUBLIC ORDER With or without civilian support
o 4. To seize or diminish State power
REBELLION OR INSURRECTION (134) Notes:
Elements: o Absorbs common crimes done to achieve it
o 1. Rising publicly and taking arms against the Is there a frustrated crime of coup detat?
Government o No. The moment there is intent + swift attack, the
o 2. For purpose of removing from Phil. allegiance the crime is consummated, even if the purpose is not
territory of the Philippines (or any part thereof or achieved.

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 o No frustrated coup detat o 3. Any of the following motives/purposes discussed
CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION, OR
below
COUP (136) 1. Prevent promulgation or execution of law, or
holding of popular election
Omil v. Ramos: Conspiracy to commit rebellion or coup detat 2. Prevent National, provincial, or municipal
is a continuing crime (odd) government or officer from exercising functions
DISLOYALTY (137) or preventing execution of AO
Modes: 3. Act of hate/revenge upon person or property
o 1. Failed to resist a rebellion by all the means in their of public officer or employee
power Contrast with direct assault: here,
o 2. Continuing to discharge functions there is tumultuous public uprising
o 3. Acceptance of public position 4. Act of hate/revenge against private persons
Notes: or social class, for political or social end
o Motive immaterial 5. Despoil any person, municipality, or
o Disloyalty loses juridical existence if the officer province, or National Govt. of all its property or
commits overt acts of rebellion part thereof, for political or social end
Notes:
INCITING TO REBELLION OR INSURRECTION (138) o Modes 1 and 2 do not include Barangay officials and
How committed: ordinances
o Writings or speech must be done with intent to induce o Mode 3 can include Barangay officials
the readers or listeners to commit rebellion or o Common crimes are separately and independently
insurrection punished (ex. sedition and murder).
Notes: Except: complex crime of sedition and
o Listeners need not actually commit the crime prevention of meeting of Board/Congress
o If listeners rebel, inciter becomes a PDI for rebellion Distinguish:
SEDITION (139) o Rebellion to achieve political purpose, they take up
arms
Nature of sedition: o Sedition as long as tumultuous; they do not take up
o Raising of commotion or disturbance in the state; arms, because they do not intend to overthrow the
revolt against legitimate authority, public corporation, government
social classes, etc.
o Ultimate objective: violation of the public peace CONSPIRACY TO COMMIT SEDITION (141)
Elements of sedition? No crime of proposal to commit sedition; just conspiracy
o 1. Rise publicly and tumultuously INCITING TO SEDITION (142)
o 2. To obtain by force, intimidation, or other illegal
methods Modes:
o 1. Inciting others to commit acts of sedition

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 o 2. Uttering seditious words or speeches tending to o A. Without public uprising, use force/intimidation to
disturb public peace attain any of the purposes in rebellion or sedition:
o 3. Writing, publishing, circulating scurrilous libels and o B. Attack, use force, or seriously intimidate or
government or authorities tending to disturb public seriously resist a PIA or any of his agents
peace 1. While in the performance of duties or
Notes: attacked for past performance of duty
o Concealing such evil practices is not an act of an Ex. attacking judge who convicted him
accessory in this case, but an act of a principal for is for past performance
inciting to sedition 2. Accused knew or ought to have known that
ILLEGAL ASSEMBLIES (146) he was a public officer or agent
When qualified:
Modes: o 1. Committed with weapon
o 1. Meeting to commit RPC crime, with armed persons This is a special aggravating circumstance that
o 2. Meeting where audience is incited to commit cannot be offset by MCs
treason, rebellion/insurrection, sedition, or direct Ex. Mere aiming of a gun at a PIA is qualified
assault, whether armed or not direct assault because there is intimidation,
Notes: with use of weapon.
o In mode 1, if crime actually committed, illegal o 2. Offender is public officer or employee
assembly loses juridical personality o 3. Laying a hand on a PIA
o In mode 2 Notes:
If stranger: liable for inciting o No attempted or frustrated direct assault (formal)
If member: either inciting or illegal assembly o Seriously only qualifies intimidate and resist
o If person has unlicensed firearm, presume illegal o Motive only important for mode 1
assembly o Lawyers and teachers can be PIAs
o The person with unlicensed firearm is considered a o If officer exceeds authority, resistance is legitimate.
leader or organizer of the meeting Amount of resistance depends on extent of excess of
ILLEGAL ASSOCIATIONS (147) authority
Two types: Ex. P v. Fook Chinese immigrant who was
o 1. To commit any of the crimes in the RPC unreasonably searched twice in customs
o 2. To commit some purpose contrary to public morals lawfully resisted
Notes: o There can be a complex crime of direct assault with
o HSA, sec. 17: Public officers may petition that an another felony.
association may be declared as one composed of those Ex. Complex crime of direct assault with
conspiring to commit terrorism murder or homicide; Complex crime of direct
assault with serious disturbance under 153
DIRECT ASSAULTS (148) But if direct assault is committed and ONLY
Forms/elements: slight PI results, there is just direct assault.

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 o LSPI (265) provides for a distinct penalty if the victim Interruption of Serious Interruption of
is a PIA to. To reconcile, LSPI applies if the PIA was peaceful disturbance (153, gatherings (153,
attacked not during performance of duties or for past meetings (131) p.1) taken in p.2)
performance of duties. contrast with 131
Sample situations: By public officer By public officer By a private person
o A mayor is on the way home or on the way to the or public officer
office. The accused robbed the mayor and killed him. NOT part of the Part of the NOT part of the
HELD: Robbery with homicide. The direct assembly assembly assembly
assault is absorbed by Robbery with homicide, Covers peaceable Covers normal
which absorbs crimes committed pursuant to assemblies or gatherings (non
such. rallies political, non
o X fired an SMG against police officers serving warrant. religious)
HELD: Direct assault with multiple attempted Cannot be
homicide committed by culpa
(there is intent to
INDIRECT ASSAULTS (149)
seriously disturb)
Elements:
o 1. There is direct assault against an agent of a person
in authority (under Art. 148) Notes:
o 2. A person came to the aid of the agent o For 153, there is intent to disturb and it is serious.
o 3. The offender uses force or intimidation against such Otherwise, there is just Alarms and Scandals.
person coming to the aid of the agent o The locus of the crime is the place. It must be public.
Notes: Ex. court proceedings, COMELEC proceedings
o Under RA 1978, one who goes the aid of a PIA o Presumption of tumultuous disturbance if caused by
becomes an agent of a PIA, so there is direct assault; more than 3 (at least 4) armed men
indirect assault if the private person comes to the aid o Apply Art 48. Ex. complex crime of serious
of the agent of the PIA (but Reyes/Guevarra disagree) disturbance with direct assault
o If there is intent to incite, apply inciting to rebellion or
SERIOUS DISTURBANCE/TUMULTS (153)
sedition. If there is just tendency, apply 153.
Modes:
ALARMS AND SCANDALS (155)
o 1. Serious disturbance in public place
o 2. Interrupting or disturbing gatherings not included in Modes:
131 or 132 (thus, neither political nor religious) o 1. Discharging firearm, rocket, firecracker, or explosive
o 3. Making outcry tending to incite rebellion or sedition within any town or public place
o 4. Displaying placards or emblems which provoke o 2. Charivari or disorderly meetings
disturbance of public place o 3. Disturbing public peace while wandering at night or
o 5. Burying with pomp one who is executed engaged in nocturnal amusements
Distinguish:

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 o 4. Causing disturbance or scandal while intoxicated
while 153 is not applicable
Notes:
o Not a specific intent crime (Calculated to cause alarm
or danger is an erroneous translation)
o If firearm is pointed at another and discharged but
there is no intent to kill and no damage caused, there
is just discharge of firearms
DELIVERING PRISONERS FROM JAIL (156)
Elements:
o 1. Any person removes from jail or penal
establishment a person confined therein
o 2. Through:
A. By violence, intimidation, or bribery
B. Other means (lower penalty)
Ex. craft or disguise
C. Taking guards by surprise outside the
establishment (lowest penalty)
Notes:
o Applies to both detention and convicted prisoners
o Crime consummated when he steps out of the building
where the cell is, however brief
o No frustrated delivery; there is attempted delivery
o Detention includes mental retardates detained in a
hospital or those under house arrest.
o If a relative is not exempted under Article 19 (ex. the
prisoner is convicted of parricide), the prosecutor may
charge him for delivery of prisoners or as accessory to
the crime
o If the one bribed was an officer, he is liable for both
bribery and delivery. If the one bribed is a private
person, then it is just a means to commit delivery.
o If the other means constitutes a crime, apply Art. 48.
But if the mode is specifically provided in the crime
(like those under A, do not apply Art. 48 because the
crime is already punished by a higher crime here)
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Who may be liable for delivery:
o 1. Co-prisoners
o 2. Employees of penal establishment, if without
custody of the prisoner or if he is off-duty
If he has custody, crime is infidelity in custody
of prisoners
o 3. Private person
EVASION OF SERVICE OF SENTENCE (157-9)
Elements:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists of deprivation of
liberty
o 3. Escaping during sentence
Qualifying circumstances:
o 1. Unlawful entry (by scaling), breaking doors,
windows, etc.
o 2. Using picklocks, false keys, disguise, deceit
o 3. Violence, intimidation
o 4. Through connivance with other convicts or
employees of penal institution
Notes:
o Only convicted prisoners
o Covers those sentenced to destierro who entered the
prohibited place
o Note covered by evasion:
1. Detention prisoner
2. Deportee who violated deportation order
3. Youthful offenders (RA 9344), because
rehab center is not a penal institution
o Covers both RPC and SPL crimes
o Art 48 does not apply if one uses violence or
intimidation. But if one commits a crime to evade,
then apply Art. 48.
Other provisions:
o Violation of conditional pardon is also evasion. Violator
of pardon is not entitled to ISL.
 o Convict evading during catastrophe:
If caught again, increase penalty by 1/5
If he returns within 48 hours, decrease by 1/5
QUASI-RECIDIVISM (160)
Elements:
o 1. Offender convicted by final judgment
o 2. Commits new felony before or while serving
sentence
Notes:
o Quasi-recidivism is not a crime, but a special
aggravating circumstance
If second crime has an aggravating
circumstance, quasi-recidivism will result into
the maximum of the maximum
o First crime can either be RPC or SPL crime.
o Second crime has to be punished in RPC.
o If one is a recidivist and quasi-recidivist:
Since recidivism is an AC, apply the maximum
of maximum
Recidivism can be offset by generic MCs,
quasi-recidivism cannot
o Beside provisions of Art. 62 par. 5 so apply rules
on habitual offenders as well if applicable.
o Compare with reiteracion: it requires final service of 2
or more lesser crimes or one graver or equal crime
IV: CRIMES AGAINST PUBLIC INTEREST
MAKING, IMPORTING, AND UTTERING FALSE COINS (163)
Modes:
o 1. Making false coins
o 2. Importing
o 3. Uttering with connivance with counterfeiter
Notes:
o Coin must be legal tender in the RP at time of violation
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o Making can be attempted or frustrated (if imitation is
imperfect)
o Number of crimes equal to number of currencies
o Can be prosecuted abroad under Art. 2 of the RPC
o Damage is not an element of utterance
MUTILATION OF COINS (164)
Notes:
o Amended by PD 247, which punishes willful
defacement, mutilation, tearing, burning, or destroying
currency notes or coins
o Must be of legal tender
o Coins of foreign currency are not included
SELLING OF FALSE OR MUTILATED COIN (165)
Modes:
o 1. Possession with intent to utter
o 2. Actual utterance
Notes:
o Both physical and constructive possession
o There must be knowledge that the coin is false
o If he is the counterfeiter, 163 absorbs 165
FORGING, IMPORTING, OR UTTERING TREASURY OR BANK NOTES OR
DOCUMENTS PAYABLE TO BEARER (166)
Modes:
o 1. Forging or falsifying treasury/bank notes/documents
payable to bearer
o 2. Importing false or forged bank notes
o 3. Uttering these with connivance with forgers or
importers
How forgery is committed:
o 1. Giving appearance of a true and genuine document
o 2. Erasing, substituting, or counterfeiting, or altering
figures, letters/words, or designs in said instrument
Notes:
o Uttering is offering it with representation that it is
genuine, with intent to defraud
 o Blank forms of postal money orders are not official
public documents, or treasury/bank notes. They are
not certificates of obligations until filled up.
o Treasury warrant is a government obligation and is
therefore covered
COUNTERFEITING, IMPORTING, UTTERING INSTRUMENTS PAYABLE
ORDER (167)
Same, except payable to order
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER CREDIT INSTRUMENTS (168)
Elements:
o 1. Treasury/bank note/ security payable to bearer or
order is forged or falsified by another person
o 2. Offender knows it was falsified
o 3. Used OR possessed with intent to use
Notes:
o Possession without use or intent to use, not covered
o Must know its falsified
FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)
Elements:
o 1. There is a genuine resolution, ordinance, bill
o 2. Material alteration of the issuance
o 3. With deliberate intent
Notes:
o By either public or private person
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC
MINISTER (171)
Taking advantage of public position:
o 1. Has official custody of the document or intervenes in
preparation of the document
If it is not part of the public officers duties, he
is treated as a private individual
o 2. Uses influence, prestige, or ascendancy of office to
commit the crime
Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer
What documents are covered:
o Public documents
o Where something is proved, established, or set forth
o Applies to electronic documents
o A document incapable of producing legal effects cannot
TO
be subject to falsification not a foundation of rights
o The falsification of a private document before
submission may nevertheless be falsification of public
or official document because it is destined to be such.
Distinguish:
o Falsification of public or commercial document can be
by culpa. Intent to damage is not needed.
o Falsification of private document cannot be committed
by culpa, because there must be intent to damage.
Ex. Flores: The falsification of a daily time
record automatically results in financial losses
to the government because it enables the
employee to be paid salary for services never
rendered. Damage is not an element per se.
o There can be estafa through falsification of public or
commercial document. There is no crime of estafa
through falsification of private document.
Notes:
o If a notary public notarizes a document without
commission:
1. The crime is falsification of public document
2. But the document remains private
o No attempted or frustrated falsification of public or
official document, unless the falsification is imperfect
o There can be falsification by omission (ex. book keeper
omitted things in the ledger)
o One found in possession of falsified document is
presumed to be the author.
o There are as many crimes as the number of documents
falsified
What are the acts punished as falsification?
Page 11
 o 1. Counterfeiting or imitating handwriting, signature,
rubric
o 2. Causing to appear that persons participated in any
act or proceeding when in fact they did not
Ex. X made it seem that Y and Z executed a
deed of sale over their lands
Ex. X was an accountable officer who
misappropriated funds. To conceal it, he
falsified receipts to show people received
amounts there did not. HELD: Complex crime
of malversation through falsification
o 3. Persons in fact participated in proceedings, but
accused make it seem that they said/did some things
they did not do
Ex. X changed the answers of a Bar taker
o 4. Making untruthful statements in narration of facts
The facts must be absolutely false. If there is
colorable truth, one is not liable.
If the officer merely wrote down what was
dictated to him, there is no criminal intent to
falsify
No culpa; there must be intent to speak of a
falsity
o 5. Altering true dates
Intent is essential here
Dates must have legal efficacy
o 6. Making alteration or intercalation to genuine
document which changes its meaning
Duty of one making an alteration in a
document to explain the change
Document altered to speak the truth valid
Alteration that didnt change substance of the
document valid
o 7. Issuing copies where there is no genuine original; or
alteration of the copy as to not reflect the original
o 8. Intercalating instrument or note
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FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS BY PRIVATE INDIVIDUALS (172)
Who commits the acts here:
o Private persons
o Public officers acting without abuse of official position
Modes:
o 1. Falsifying a document:
Per se, if public, commercial, or official
document, or
With intent to cause damage or with damage
caused, if private document
o 2. Use of falsified document:
Knowingly introduced as evidence in a judicial
proceeding, or
In other proceedings, to cause damage or with
intent to cause damage
o N.B. Mode 2 applies to people other than those who
authored the falsification
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)
2 modes of committing the crimes:
o A. Usurpation of authority
1. Knows he is not a public officer
2. Falsely represents himself as such
3. Such person has performed pertaining to an
act of person in authority or agent of PIA
o B. Usurpation of official functions
Notes:
o Covers retired/resigned public officers or employees
and notaries-public with expired commissions
o Good faith is a defense
o Where usurpation is a complex crime:
Pretended in order to molest a minor: complex
crime of usurpation of public authority with
seduction
 Pretended to be a BIR agent and showed
falsified ID: complex crime of usurpation of
public authority with falsification
o Where usurpation is just a mode:
To commit robbery, because robbery can be
committed through pretense of exercise of
public authority (Art. 299-A par. 4)
To commit kidnapping, because usurpation of
authority is a mode to commit kidnapping
PUBLIC USE OF FICTITIOUS NAME (178)
Modes:
o 1. Fictitious name purposes:
1. To conceal a crime
2. To escape judgment
Both criminal and civil judgments
3. To cause damage
o 2. Person who conceals his true name or other
personal circumstances
Notes:
o Motive essential for first mode only
o Public use: includes use in official or public document
o Damage here is not to a particular person but to
public interest.
o There are as many crimes as the number of fictitious
names used
o Where fictitious name is just a mode and loses juridical
existence:
Estafa, if to defraud another (Art. 315-2A)
Robbery (Art. 299(A)-4), since fictitious name
is a mode
In a narration of facts in public or official
document: because penalty for use of fictitious
name is already integrated there
Obstruction of justice (knowingly uses a
fictitious name to delay apprehension of
suspects)
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o X a convict serving sentence, and Y, in jail, substitutes
for X, to allow X to escape. Y took his place and
claimed to be the escapee by stating his name.
HELD: X committed evasion of sentence,
complexed with use of fictitious name. Y
committed evasion of sentence, complexed
with use of fictitious name.
ANTI-ALIAS LAW (C.A. 142)
Exceptions to prohibition of use of fictitious name:
o Literary, cinema, TV, radio, entertainment purposes,
and other athletic events where use of a pseudonym is
a normally accepted practice
How to secure an alias:
o Need judicial approval for at most, one alias. Same
proceedings as change of name.
FALSE TESTIMONY AGAINST DEFENDANT (180), FAVORABLE TO
DEFENDANT (181), IN CIVIL CASES (182)
Elements of false testimony against defendant (180):
o 1. Criminal proceeding
o 2. Offender falsely testifies under oath against
defendant
o 3. Offender knew it was false
o 4. Defendant either acquitted or convicted in judgment
Elements of false testimony favorable to defendant
(181):
o 1. Criminal proceeding
o 2. Offender falsely testifies under oath in favor of
defendant
o 3. Offender knew it was false
Elements of false testimony in civil cases (182):
o 1. Civil proceeding
o 2. Testimony relates to issues presented in said case
o 3. Offender falsely testifies
o 4. Offender knew it was false
o 5. Testimony is malicious and intends to affect material
issues in the case
 Notes:
o Testimony must be complete (direct and cross, unless
waived)
o Intent needed for all three
o For 180, must be an RPC crime or SPL crime using RPC
nomenclature, since penalty depends on graduation
If the final penalty is less than correctional, Art
180 does not apply. But perjury may apply.
o For 182, penalty not dependent on outcome of case
o Formal crime. Retraction does not matter, unless it
was spontaneously done in the same testimony.
o HSA False testifier not liable under 180-2 but for the
crime committed.
Who can commit these crimes:
o Witness can be the injured party.
o NOT by accused giving false testimony in his own favor
under 181, unless falsely he pins guilt upon another
(Hindi ko pinatay yan, SIYA po ang pumatay!)
FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION (183)
Two crimes:
o 1. False testimony in other cases
o 2. Perjury in solemn affirmation
Elements of perjury:
o 1. False statement under oath or affidavit upon
material matter (subject of investigation or resolution
of issue; not merely pertinent matter)
o 2. Before a competent officer who administers oaths
o 3. Willful and deliberate assertion of falsity
o 4. The statement or affidavit is required by law or
made for a legal purpose
Notes:
o Other cases includes special proceedings, etc.
o Petition for habeas corpus is a public document. If
allegations are false, falsification of a public document.
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o Generally, a petition filed in court where false
statements are made: perjury.
o No need for proceedings to terminate first.
o Subornation of perjury is inducing somebody to
execute an false statement/affidavit on a material
matter. The inducer is liable as PDI of perjury.
MACHINATIONS IN PUBLIC AUCTIONS AND MONOPOLIES (185-6)
Notes:
o 185: threatening other bidder so he will not participate
o 186: mere monopoly is not penalized, but it must be
monopoly in restraint of trade
NEW PUBLIC BIDDING LAW (RA 9184)
Prohibited acts for public officers:
o 1. Opening sealed bid prior to time appointed
o 2. Delaying w/o just cause the screening for eligibility,
opening of bids, evaluation, or post-evaluation of bids,
and awarding beyond allowable period
o 3. Unduly influencing or using undue pressure on the
Bids and Awards Committee to accept a particular bid
o 4. Splitting of contracts which exceed purchase limits
and competitive bidding
o 5. Rejecting bids due to manifest preference for a
closely related bidder
Prohibited acts for private individuals and colluding
public officers:
o 1. Two or more bidders agree and pre-arrange multiple
bids where one is obviously better than the other
o 2. One bidder maliciously submits different bids
through different persons (to simulate competition)
o 3. Entering into contracts where one party refrains
from bidding or withdraws one already made
o 4. Schemes that naturally reduce competitive bidding
o 5. Submitting false eligibility requirements
o 6. Submitting falsified info in bidding documents
o 7. Participating in bidding using anothers name or
allowing another to use ones name
 o 8. Withdraw bid after it has been named highest-rated
or lowest-calculated without just cause or to cause the
bid to be awarded to another
Notes:
o Officers liable here can still be liable under RA 3019
o For offenses #1-4 in second enumeration:
The private individual cannot transact with
government again
Officer suffers temporary or perpetual DQ
V: RELATED TO OPIUM
New classification of drugs:
o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
(CPECs)
Penalties:
o Do not use nomenclature of RPC anymore
o Only time RPC has effect: for minors convicted,
because they receive RP (others get non-RPC
penalties)
o No longer based on quantity except possession
o Accessory penalties apply even before finality of
judgment (even on appeal)
o Malum prohibitum
o Use of dangerous drugs now has a graduated penalty
Just rehab for first offense of use
If possession & use concur: charge possession
If possession & sale concur: charge sale
Plea bargaining/probation:
o No plea bargaining
o No probation for drug pushers and traffickers
New additional offenders:
o 1. Financier person who pays for or underwrites
illegal activities in the DDA
o 2. Protector/coddler person who knowingly and
willfully consents to the unlawful acts in the DDA and
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uses his power or position to shield, harbor, screen, or
facilitate escape
New offenses:
o 1. Illegal chemical diversion of CPECs
o 2. Failure to maintain and keep original records on
transactions with DDs or CPECs
o 3. Public officer misappropriates, misapplies, benefits
from, or fails to account for confiscated materials
o 4. Planting as evidence any DD/CPEC
o 5. Violation of any RR of the DD Board
o 6. Issuance of false or fraudulent drug test results
o 7. Violation of confidentiality of records
o 8. Refusal of law enforcer or government official to
testify as prosecution witness in DD cases
o 9. Delay and bungling in the prosecution of drug cases
Old offenses carried over:
o 1. Importation of DD/CPCE
o 2. Financing, organizing, managing
o 3. Protecting/coddling
o 4. Selling or distributing or brokering transactions
o 5. Use by drug pushers of minors or mentally
incapacitated individuals as couriers or runners
o 6. Drug den, dive, or resort: maintaining, visiting,
working for, or protecting/coddling
o 7. Manufacture of DDs/CPCEs, instruments, apparatus
o 8. Possession of DDs or instruments
o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or sources
o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs
o 13. Attempt or conspiracy
Attempt or conspiracy to commit unlawful acts:
o Have the same penalty as the consummated crime in:
o 1. Importation of DDs/CPECs
o 2. Sale, trade, administration, dispensation, delivery,
distribution, or transportation of any DDs/CPECs
o 3. Maintenance of a den, dive, or resort
 o 4. Manufacture of DDs/CPECs
o 5. Cultivation and culture of plant-sources
Qualifying or aggravating circumstances:
o 1. Crime committed under the influence of drugs
o 2. Possession of DDs or equipment aggravated if
possessed during parties, social gatherings, or in
proximate company of at least two persons
VI: CRIMES AGAINST PUBLIC MORALS
GRAVE SCANDAL (200)
Elements:
o 1. Highly scandalous conduct
o 2. In a public place
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)
Notes:
o Test of obscenity: shocking to ordinary and common
sense; tendency to deprave or corrupt those whose
minds are open to immoral influences
o Commercial distribution is punished, not isolated
LAW PUNISHING VIDEO AND PHOTO VOYEURISM (RA 9995)
Acts punished:
o 1. Taking video or photo of sexual act without consent
o 2. Take image of sensitive body parts without consent
If there is reasonable expectation of privacy
o 3. Sell, copy, or distribute video or photos even
when there is consent by the persons involved
o 4. Broadcast in print, radio, or video these sexual acts
Note: MANIFESTLY
o Lack of consent is not an element when the material is
being distributed already
o Photo or video is inadmissible for evidence
o Exception: police can apply to court for order to take
a photo/video for investigation and apprehension of
those committing this crime
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VAGRANTS AND PROSTITUTES (202)
Notes:
o Amended by RA 9344: Minors exempt from criminal
liability from prosecution for vagrancy or prostitution
o Or mendicancy under PD 1563
VII: CRIMES COMMITTED BY PUBLIC OFFICERS
Public officers in this title:
o Embraces all public servants, from highest to lowest
o No distinction between officers and employees
o Includes GOCCs and subsidiaries
KNOWINGLY RENDERING AN UNJUST DECISION (204)
Elements:
o 1. Offender is judge
o 2. Renders judgment in case submitted to him
o 3. Judgment is unjust
o 4. He know the judgment is unjust
Notes:
o Only trial court judges; not SC, CA, SB
o This is an intent crime
o Not mere error in judgment
o Decision must first become final and executory before
judge can be charged under 204
o Prerequisite proceedings:
Decision of appellate court impugning validity
of decision, or
Administrative charge against judge
UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE
(205)
Elements:
o 1. Offender is judge
o 2. Renders judgment in case submitted to him
o 3. Judgment is manifestly unjust
o 4. Due to inexcusable ignorance or negligence
 Notes:
o Can be committed by culpa, unlike 204
UNJUST INTERLOCUTORY ORDER (206)
Elements:
o 1. Offender is a judge
o 2. Renders interlocutory order that is either:
Manifestly unjust, or
With inexcusable negligence or ignorance
MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)
Notes:
o Mere delay not enough; there must be intent to delay
PREVARICACION/DERELICTION OF DUTY (208)
Elements:
o 1. Public officer in charge of instituting or filing criminal
complaints (Fiscal, OMB, NBI agent, PDEA, not BIR
agents)
o 2. Maliciously refrains from instituting prosecution for
violation of law or tolerates commission of these acts
Notes:
o Malum in se; there must be malice, even in tolerance
o Condition sine qua non: person whom he refused to
prosecute must first be prosecuted and convicted for
that crime where prosecution was initially omitted
o Both RPC and SPL crimes
Relation to other laws:
o For other public officers: either PD 1829 (obstruction)
or accessory under Art. 19, not 208
o Those liable under 208 also liable under RA 3019
o 208 is constituent element of qualified bribery (211-
A); prior conviction in 208 must precede 211-A
BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)
Modes:
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o 1. Malicious breach of lawyer of professional duty, or
inexcusable negligence, or ignorance, causing damage
or prejudice to client
Lawyer also liable under RA 3019 Sec. 4B if he
induces public officer to violate RA 3019
o 2. Revealing clients secrets learned in confidence; no
need for damage or prejudice here
o 3. Defending opposing party in same case without first
clients consent
DIRECT BRIBERY (210)
Modes:
o 1. Agreeing to perform or performing criminal act in
connection with duties, for consideration
o 2. Executing unjust but not illegal act in connection
with duties, for consideration
Ex. Policeman asked for money from theft
victim before chasing the thief
o 3. Agreeing to refrain or refraining from doing
something he must officially do, for consideration
Elements:
o 1. Offender is public officer
o 2. Accepts offer or promise or receives gift by himself
or through another
o 3. It was accepted or received in view of any of the
three modes above
o 4. The act is connected with official duties
Notes:
o For second mode, while not illegal, it must be unjust
o If the act is ENTIRELY outside his official functions, not
liable for direct bribery
Ex. Officer represents to individual that he can
issue a permit, but he actually cannot: estafa
o Consummated upon acceptance of offer/promise
o Pelegrino: Mere physical receipt without any other act
or sign showing acceptance cannot consummate crime
o No attempted or frustrated bribery
 o What is usually punished as attempted bribery by the
SC is actually attempted corruption of public officer.
Usual case: officer accepted the consideration,
but turned it over as evidence against briber.
The briber is usually charged with attempted
bribery (quite erroneously)
o Gift: either offered or solicited
o No need to actually perform the act
o If the criminal act was actually done by the officer, he
is guilty of two crimes: direct bribery + that crime (not
complexed)
o As many crimes of direct bribery as the number of
times a bribe is offered and received/accepted
INDIRECT BRIBERY (211)
Elements:
o 1. Public officer
o 2. Accepts gifts
o 3. Given by reason of his office
Notes:
o No such agreement to perform or not perform an act
QUALIFIED BRIBERY (211-A)
Elements:
o 1. Public officer entrusted with law enforcement
o 2. Refrains from arresting or prosecuting an offender
o 3. Offender committed crime punishable by RP
o 4. In consideration of gift, promise, offer, or present
Notes:
o Must first be convicted for prevaricacion (208)
CORRUPTION OF PUBLIC OFFICERS (212)
Notes:
o Act of offering or giving to the public officer gifts,
presents, by reason of his public office
o Attempted, if offer not accepted. No frustration
FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)
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Modes:
o 1. Entering into agreement for scheme to defraud govt
o 2. Collector of tax, license, fee:
Demands larger sum
Does not issue receipt voluntarily
Collects things other than provided by law
Notes:
o Mode 1 agreement consummates (malum in se)
o Mode 2 demand consummates (malum prohibitum)
MALVERSATION (217)
Elements:
o 1. Public officer
o 2. Custody or control of funds due to duties of office
o 3. Those are public funds for which he is accountable
o 4. Either:
Appropriates, takes, misappropriates
Consents, or through abandonment or
negligence, permits another to take the same
Notes:
o Malversation can be by dolo/culpa
o Demand is not an element
o Covers property under custodia legis deposited with
public authorities or private individuals
Includes funds from extrajudicial foreclosure
o Taking same concept as theft/robbery
o Nature of duties, and not nomenclature of position
determines accountability
o If officer is not accountable, charge for theft
o If dangerous drugs, covered by RA 9165, not Art 217
o Private persons who benefit charged as accessories
o Public officers giving allowances to co-employee from
public funds (vale) covered
o Number of crimes determined by number of instances
of malversation, not types of property taken
 o Restitution does not exempt; it can just mitigate
liability as mitigating circumstances analogous to
voluntary surrender
o AC of taking advantage of public position is inherent
TECHNICAL MALVERSATION (220) MALTREATMENT OF PRISONERS (235)
Elements:
o 1. Public officer
o 2. Has public fund or property under administration
o 3. Has been appropriated by law or ordinance
o 4. Applies such fund or property for public use OTHER
THAN that for which it has been appropriated for ABUSES AGAINST CHASTITY (245)
Notes:
o He did not get it for himself
Infidelity of public officers
INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)
Elements:
o 1. Public officer
o 2. With custody of prisoner either detained or convict
o 3. Prisoner escaped
o 4. He connived with escape
Notes:
o Art 224 punishes gross negligence of public officer
o Art 225 punishes private persons entrusted with
custody of prisoner
INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)
Elements:
o 1. Public officer
o 2. Document is abstracted, destroyed, or concealed ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019)
o 3. Document was entrusted by reason of his office
o 4. Damage or prejudice to the public interest or a third
person
Modes:
o 1. Remove, destroy, conceal documents
o 2. Breaks the seals or permit them to be broken
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Notes:
o If mail matter entrusted, infidelity
o If mail matter not entrusted but misappropriated in the
course of duty, qualified theft
Notes:
o See RA 9745 law on torture
o Officer may be guilty for maltreatment of prisoners and
either PI or homicide/murder
Modes:
o 1. Public officer solicits or makes immoral or indecent
advances to a woman interested in matters pending
before such officer
o 2. Warden solicits or makes indecent advances to a
woman under his custody
o 3. Warden makes immoral advances or solicitation to
the wife, daughter, sister, or relative within the same
degree of affinity of any person in the custody of such
warden/officer
Notes:
o Mere solicitation or advances consummate
o Mode 3 does not cover mothers
o If crime against chastity or person is actually
committed, Art 245 is absorbed
o Public authority is an AC
Actors covered:
o 1. Elected and appointed officials and employees
receiving compensation from government
o 2. Private individuals involved in paragraphs B, C, D, K
What are the punishable acts?
o a. Inducing a public officer to commit offense
 o b. Requesting or receiving benefit in govt transaction
where officer intervenes
o c. Requesting or receiving benefit from one for whom
officer will secure or has secured permit or license
o d. Accepting employment in private enterprise with
pending official business with him
Even up until 1 year after termination
Also inducing relatives to accept position
o e. Causing undue injury to party/govt or granting
unwarranted benefits to party (BF or gross negligence)
o f. Neglecting or refusing to act upon official duty to
obtain some benefit or to discriminate
o g. Entering in manifestly and grossly disadvantageous
contract on behalf of Government
o h. Having pecuniary interest in any transaction with
Government upon which he intervenes
o i. Having material interest in any transaction or act
requiring discretionary approval by a board which he is
part of, even if he votes in the negative
o j. Knowingly granting a benefit in favor of an
unqualified person or to a mere dummy of the latter
o k. Divulging confidential information
Exception:
o Unsolicited gifts of small or insignificant value offered
or given as mere ordinary token of gratitude/friendship
ANTI-PLUNDER ACT (RA 7080)
Elements:
o 1. Public officer acting alone or with others
o 2. Amasses ill-gotten wealth amounting to at least 75M
o 3. Thru combination or series of overt or criminal acts
Notes:
o Ill-gotten wealth is through malversation, kickbacks,
fraudulent conveyances, monopolies, undue advantage
of public position, illegal business interests
o Series is repetition of same act. Combination is
commission of at least 2 different predicate acts
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o Pattern is at least two such acts within 10 years
HUMAN SECURITY ACT (RA 9372)
Liabilities of authorities:
o 1. Failure to turn over detainee within 3 days to
judicial authorities
o 2. Infidelity in custody of detainees
o 3. Furnishing false evidence, forged document,
spurious evidence
VIII: CRIMES AGAINST PERSONS
PARRICIDE (246)
Elements:
o 1. A person is killed
o 2. By the accused
o 3. Deceased is the parent or child (whether legitimate
or illegitimate), legitimate ascendant/descendant, or
spouse of the accused
Notes:
o Legitimate relationship not needed between parent and
child
o Legitimate relationship needed for every other
ascendant-descendant relationship and for spouse
o Parricide can be complexed with unintentional abortion
o No robbery with parricide, just robbery with
homicide
o Can be committed by culpa
DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)
Elements:
o 1. Legally married person surprises his spouse in the
act of sexual intercourse with another person (also,
minor daughter living with parent)
o 2. He kills any or both of them or inflicts SPI
o 3. During the act or immediately thereafter
 Notes:
o The sexual intercourse must be consensual
o If not consensual, the husband may invoke mistake of HOMICIDE (249)
fact if applicable (eh mukhang nasasarapan!)
o Doesnt cover sexual assault (8353 didnt amend 247)
o Killing may happen a bit after, or even after an hour, if
it was still proximate and is the by-product of rage
o Living together is only for minor daughter; the
spouses need not live together
o Punishment is destierro if there is death; none for PI
o If one prostitutes his spouse or daughter, no 247
o No civil liability for causing such death
o If the husband was the one attacked by the wife or
paramour and he kills them Art 11 (self-defense)
o If relative causes death under exceptional
circumstances, he may invoke Art 11 (defense of
honor), but the act must be reasonable
o If in course of firing upon his spouse/paramour, a third
party is caught in the crossfire, the crime is Art. 365
SPI/LSPI through simple imprudence. There is no
attempted homicide because there is no intent to kill
and offended spouse is not committing a crime (247).
MURDER (248)
What qualifies homicide to murder:
o 1. Treachery, superior strength, aid of armed men,
employing means to weaken the defense
o 2. Price, reward, or promise
o 3. Inundation, fire, poison, explosion, etc., or by
means of motor vehicles
o 4. On occasion of a calamity
o 5. Evident premeditation
o 6. Cruelty, scoffing at the corpse
Notes:
o If killing is not homicide (e.g. parricide or infanticide), DEATH
o Only one needed to qualify homicide to murder; the
other will be a generic AC
Elements:
o 1. Person is killed
o 2. Offender killed him without justifying circumstances
o 3. Intent to kill, which is presumed
o 4. Not murder, parricide, or infanticide
Notes:
o When consummated, intent to kill is presumed and
hence need not established
o When victim did not die, intent to kill is a specific
criminal intent that must be established BRD
o If intent to kill is not established and victim did not die,
only physical injuries
o This is why there is no frustrated homicide through
reckless imprudence if there is no death, no intent to
kill presumed
o RA 7610 if the victim of homicide, murder, SPI, or
intentional mutilation is under 12, punishment is
always RP
o RA 9262 (VAWC)
If there is death or violence with intent to kill,
apply murder or homicide
If there is violence without intent to kill, VAWC
provisions apply
o RA 8294
Illegal possession of firearms is AC in murder
and homicide
Use of unlawfully manufactured, acquired, or
possessed explosives is AC in any of the crimes
in the RPC if it results to injury or death
(except political crimes that absorb)
IN TUMULTUOUS AFFRAY (251) AND PHYSICAL INJURIES IN

then the above circumstances are generic ACs TUMULTUOUS AFFRAY (252)

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Elements of 251:
o 1. Several persons (more than 2 in each group)
o 2. Not groups organized to attack each other
o 3. Persons attack one another is a tumultuous manner
o 4. Cannot determine who killed the deceased
o 5. Person who inflicted physical injuries on the
deceased can be identified
Elements of 252:
o Same circumstances, but nobody died, although there
is SPI and one who inflicted it cannot be ascertained
o But can determine who inflicted violence on the person
Notes:
o Victim in 251 can be a participant or stranger
o Victim in 252 must be participant
o If person who killed or caused SPI respectively can be
ascertained, do not apply 251 or 252
o If the group is organized to attack the other, apply
conspiracy (act of one, act of all)
ASSISTANCE TO SUICIDE (253)
Notes:
o Suicide is not a crime, but person assisting him is
liable under 253
o Whether the suicide is consummated or not
DISCHARGE OF FIREARMS (254)
Elements:
o 1. Discharge of firearm against or towards another
o 2. With no intention to kill or injure but only to scare
Notes:
o If with intent to kill attempted homicide/murder
o If no intent to kill, but hit physical injuries
o If fired in the air alarms and scandals (155) or
serious disturbances (153)
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o If intent is to discharge, but a random person gets hit
with the stray bullet complex crime of discharge of
firearms and physical injuries (or homicide)
INFANTICIDE (255)
Elements:
o 1. Child is born alive
o 2. The child is already viable
o 3. The infant killed was less than 3 days old
Notes:
o Can be committed by anyone, even if not a relative
o Treachery and abuse of superior strength inherent
o Conspiracy, while not applicable to conspiring relative
and stranger in parricide (will be parricide and
homicide), is applicable to conspiring relative and
stranger in infanticide (both infanticide)
Extenuating circumstance:
o Concealment of dishonor committed by mother of child
or maternal grandparents of the child
o Concealment of dishonor is mitigating in infanticide but
not parricide
ABORTION (257-259)
Types of abortion:
o 1. Intentional abortion
o 2. Unintentional abortion
Modes of intentional abortion:
o 1. Violence upon person of pregnant woman
o 2. Without violence, but without consent of woman
o 3. With consent of woman
Special provisions:
o 1. Abortion practiced by the pregnant woman herself
or her parents
o 2. Abortion performed by a physician or midwife
Degree of education is inherent here, not AC
 Unintentional abortion:
o Another person causes abortion by violence against the
woman, but not intentionally
Notes:
o J. Regalado there is frustrated abortion
o Unintentional in unintentional abortion refers to lack
of intent to abort the fetus. But the prior act of
violence causing the abortion must be with intent.
o If violence was caused by imprudence, it is not
unintentional abortion just reckless/simple
imprudence resulting to unintentional abortion
o Concealment of dishonor provision also applies to the
special provisions (where abortion is caused by the
pregnant woman on herself or by her parents)
MUTILATION (262)
Elements:
o 1. Intentional chopping off of a part of the body which
will not grow again
o 2. Intent to mutilate. It cannot be by culpa.
Notes:
o If no intent to mutilate, it is SPI
o If with intent to kill, frustrated homicide
o RA 9262 mutilation punished under RPC, not VAWC
o Punishment greatest if you cut off a body part for
reproduction
SERIOUS PHYSICAL INJURIES (263)
Modes of SPI:
o 1. Wounding, beating, or assaulting another (263)
o 2. Knowingly administering injurious substances or
beverages (264a) see below
o 3. Taking advantage of weakness of mind or credulity
(264b)
When is there SPI (by paragraph):
o 1. Became insane, imbecile, impotent, blind
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o 2. Lost power to speak, hear, smell; lost use of eye,
hand, food, arm, leg; permanent incapacity to work
o 3. Deformity; lost any other body part; illness or
incapacity to work for more than 90 days
o 4. Illness or incapacity to work for more than 30 days
Qualifying circumstances:
o 1. Victim is any of those in parricide, except parents
causing injuries to children due to excessive
chastisement
o 2. Presence of qualifying circumstances for murder
Notes:
o No intent to kill in physical injuries
o Robbery with PI is caused if:
By reason or on occasion of robbery for
paragraphs 1 and 2
In course of execution of robbery for
paragraphs 3 and 4
ADMINISTERING OF INJURIOUS SUBSTANCES OR BEVERAGES (264)
Notes:
o Injurious substances introduced or injected into body
of victim, with no intent to kill.
o If substance is poisonous murder
o If offender did not know substance was injurious
Reckless imprudence resulting in SPI
o If substance is not enough to kill SPI/LSPI
LESS SERIOUS PHYSICAL INJURIES (265)
When is there LSPI:
o Incapacity or medical attendance for 10-30 days
Qualifying circumstances:
o 1. Ignominy or to insult or offend the victim
o 2. Victim is offenders parent, ascendant, guardian,
curator, teacher, or persons of rank or PIA
N.B. If PIA was in course of duties or was
attacked for past performance, DA, not LSPI
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)
When is there slight PI:
o 1. Incapacity of offended party is 1-9 days
o 2. Did not prevent the victim from engaging in habitual
work and did not require medical attendance
o 3. Maltreatment by deed
Notes:
o X slapped Y: If purpose is to hurt slight PI; If
purpose is to humiliate slander by deed
RAPE (266-A AND 266-B)
Punishable acts:
o 1. Rape
Always man against woman
Woman may be accomplice or PIC
o 2. Sexual assault
May be against men or women
Instrument may be body part or thing
Modes:
o 1. Force, threat, intimidation
Includes moral ascendancy
o 2. Victim deprived of reason or consciousness
o 3. Fraudulent machination or grave abuse of authority
o 4. Under 12 years old or demented (statutory)
Qualifying circumstances:
o 1. Use of deadly weapon or by 2 or more persons
o 2. Victim is under custody of police or military
o 3. Committed by AFP, PNP, or other law enforcer
o 4. Victim became insane on occasion of rape
o 5. Victim suffered permanent mutilation or disability
o 6. Offender knows he has HIV, AIDS, or other STD
o 7. Victim is under 18 and offender is a parent,
ascendant, step-parent, guardian, relative by blood or
affinity to 3rd degree, common law spouse of parent of
victim
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o 8. In full view of the spouse, parent, children, or other
relatives up to 3rd degree
o 9. Victim is under 7 years old
o 10. Victim has religious vocation or calling and it is
known by the offender prior to the rape
o 11. Victim was pregnant and it is known by offender
o 12. Victim has mental disability, emotional disorder, or
physical handicap and it is known by the offender
Special complex crime:
o Homicide committed on occasion of rape or sexual
assault
N.B. Homicide used in its generic term. Can
cover murder.
Notes:
o Rape is now a crime against persons
o Marital rape is a crime
o No frustrated rape or sexual assault, just frustrated
rapists
o Just one circumstance to qualify rape; others do not
become generic ACs
o Pardon valid marriage between offender and
offended party or forgiveness of wife of her husband
VAWC (RA 9262)
Punishable acts:
o 1. Actual, threatened, or attempted physical harm, or
placing in constant fear
o 2. Controlling what woman or child could do or
restricting freedoms (by using physical, financial, or
emotional leverage)
o 3. Using force or intimidation to have the woman or
child perform non-rape sexual activity
o 4. Acts that cause emotional or psychological distress,
humiliation, or ridicule to the woman or her child
ANTI-CHILD PORNOGRAPHY LAW (RA 9775)
Who is a child:
o 1. Below 18
 o 2. Mentally incapacitated
o 3. Person of age, but depicted as a child
o 4. Computer generated child
Punishable acts:
o 1. Producing child porn, hiring children, providing
venues
o 2. Selling, distributing, broadcasting, or possession
with same intent
N.B. presumed intent if there is possession of
at least 3 copies of child porn in same form
Panderers are covered (selling material
claiming to be child porn when it is not)
o 3. Parent/guardian permitting child to engage in porn,
or luring/grooming a child
Luring: communicating thru computer w/ child
to facilitate sexual activity or porn production
Grooming: preparing child for sexual activity
by communicating child porn
o 4. Willfully accessing or possessing child porn
o 5. Conspiracy; Syndicated child porn (at least 3)
ANTI-HAZING LAW (RA 8049)
Elements of valid initiation rites:
o 1. No physical violence
o 2. Prior written notice to school authorities or head of
the organization (ex. AFP) 7 days before the initiation
(school or org sends representative)
o 3. Notice includes names and time
o 4. Initiation must not exceed 3 days.
Liable as principals:
o 1. Officers and members who actually participated in
the infliction of physical injury or death
o 2. Officers or alumni who planned the hazing though
not present
o 3. Parents of member whose house is used, if they
knew but did not prevent such acts from happening
Liable as accomplices:
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o 1. Owner of the place where it was done, if he has
actual knowledge of what is happening
o 2. School authorities who consented to the hazing or
knew, but did not prevent
Qualifying circumstances:
o 1. Recruitment by force, violence, threat, intimidation,
or deceit
o 2. Recruit consented to join but wanted to quit upon
learning about hazing, but was not allowed to quit
o 3. Recruit was prevented from reporting to parents or
authorities through force, violence, threat, intimidation
o 4. Hazing committed outside school or institution
o 5. Victim is below 12 years old
Notes:
o Praeter intentionem is not a defense under RA 8049
JUVENILE JUSTICE AND WELFARE ACT (RA 9344)
Prohibited acts by competent authorities:
o 1. Branding or labeling the child as young criminal,
juvenile delinquent, prostitute, or attach other
derogatory names, or making discriminatory remarks
o 2. Employment of threats of whatever kind or nature
o 3. Abusive, coercive, and punitive measures, CIDT,
involuntary servitude
SPECIAL PROTECTION AGAINST CHILD ABUSE (RA 7610)
Punishable acts of child prostitution:
o 1. Promoting, facilitating, or inducing child prostitution
N.B. Attempt non-relative of the child is
found alone with the latter inside an area
under circumstances that would lead a
reasonable person to believe the child is about
to be exploited
o 2. Those who commit sexual intercourse or lascivious
conduct with child exploited in prostitution
N.B. if child is under 12, charge under RPC
N.B. Attempt receiving services from child in
massage parlor, sauna, health club, etc.
 o 3. Deriving profit or advantage from child prostitution
Punishable acts of child trafficking:
o 1. Engaging in trading and dealing with children, as in
buying and selling children for consideration
o 2. Qualified trafficking if victim is less than 12
Attempted child trafficking:
o 1. Child travels alone to foreign country without valid
reason, clearance from parents or guardian, or DSWD
o 2. Person or institution recruits women or couples to
bear children to be trafficked
o 3. Doctor, midwife, nurse, or other hospital employee
simulates birth for purpose of child trafficking
o 4. Person finds children among low-income families,
hospitals, clinics, etc. for trafficking
IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)
Elements of kidnapping/SID:
o 1. Committed by private individual
o 2. Kidnaps, detains, or deprives another of liberty
o 3. Detention is illegal
Presumed lack of consent if minor
Even if there was prior consent, but is
thereafter prevented from leaving
o 4. At least one of the following circumstances applies:
Detention lasted more than 3 days
Offenders simulated public authority
Physical injuries were inflicted on the victim
Threats to kill the victim were made
Victim is a female, public officer, or minor
(except when accused is one of the parents)
Notes on circumstances:
o Length of time only relevant for 1st ground
o Usurpation of authority is absorbed by the 2 nd ground
o PI absorbed by 3rd ground, so no complex crime
Qualifying circumstances:
o 1. Ransom is demanded
o 2. Victim is killed or dies as a consequence
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o 3. Victim is raped
o 4. Victim is subjected to torture or dehumanizing acts
Distinguish:
o In grave coercion, a person is also prevented from
leaving or going to another place, but there is no
actual confinement or lockup of the victim.
o P v. Astorga: accused and victim where strolling in
school grounds where accused led victim to another
town. The child wanted to leave but accused did not
let her grave coercion
Notes:
o Kidnapping denotes taking of victim; illegal detention
consists in mere deprivation of liberty
o Recall RA 9745, Torture law, which qualifies as well
o There is special complex crime of kidnapping with
murder (unlike robbery, where everything is just
robbery with homicide)
o The special complex crimes arise when there is a
logical connection or intimidate relation between the
kidnapping and the other crime includes death in
crossfire
o Even if the rape, killing, etc. is just an afterthought
o If the original intent, however, is to murder or to rape,
then that is the crime per se
o There are as many crimes as the number of persons
kidnapped
o If the component crime of the special complex crime is
merely attempted/frustrated, there is no special
complex crime
o PD 532 Kidnapping qualifies highway robbery
Situations:
o X and Y kidnapped Z, took his car, and demanded
ransom. When they failed to get it, they killed Z.
HELD: 1) Kidnapping with homicide for
ransom. 2) Carnapping
o X killed son of employer then kidnapped and killed the
other child
HELD: 1) Murder, and 2) Kidnapping with
murder, as the killing of the first child was
already consummated at the time the second
was kidnapped and killed.
SLIGHT ILLEGAL DETENTION (268)
 Notes: TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281)
o Same, but none of the grounds in 267 apply
Modes (280):
o Special rule: anyone who furnishes the place for
o 1. Entering dwelling of another against the latters will
perpetration of slight illegal detention is punished as a
o 2. Same, but through means of violence or intimidation
principal. For 267, he is an accomplice.
Elements of 281:
Special mitigating circumstance:
o 1. Entering closed premises or fenced estate of another
o Offender voluntarily releases the victim within 3 days,
o 2. It is uninhabited
without having attained the purpose intended or before
o 3. The prohibition to enter is manifest
institution of criminal proceedings
o 4. No permission secured from the owner or caretaker
o N.B. This does not apply to 267
No trespass committed:
UNLAWFUL ARREST (269) o 1. Purpose of entry is to prevent some serious harm to
Elements: the person entering, occupants, or third persons
o 1. Offender arrests or detains another o 2. Purpose is to render some aid to humanity or justice
o 2. Purpose is to deliver him to proper authorities o 3. Places entered are cafes, taverns, inns, and other
o 3. Arrest or detention not authorized by law or there is public houses while open
no reasonable ground Notes:
Notes: o If one enters the dwelling to commit a crime and
o Usual cause: arrest without warrant but not under any commits it, then dwelling becomes an AC and trespass
of the exceptions under law loses juridical existence
o Proper authorities: authorized to arrest or file charges o If he intends to enter only, and upon entering, he
o Committed by private individuals or public officers decides to commit another crime 2 crimes
without authority to do so or not acting in his official o Refusal of consent may be express or implied
capacity o Applies even to tenants or lessees
o If place is a restaurant, disco, etc. then its trespass to
KIDNAPPING AND FAILURE TO RETURN A MINOR (270) sproperty, not dwelling
Elements: o Permission must be by one of sufficient discretion
o 1. Person entrusted with the custody of a minor Contrast:
o 2. He/she deliberately fails to restore the latter to his o 1. Violation of dwelling (128) if public officer searches
parents or guardians o 2. Unjust vexation or light coercion (287)
Notes: o 3. Theft: entered to fish, harvest, or gather, etc.
o Can be committed by any of the parents, but reduces o 4. Vagrancy: unfenced and not prohibited to enter
liability GRAVE THREATS (282), LIGHT THREATS (283), OTHER LIGHT THREATS
INDUCING A MINOR TO ABANDON HIS HOME (271) (285)
Notes: Grave threat Light threat Other light threat
o Inducing a minor to abandon the home of his parents
Threatens a crime Threatens a wrong Threatens a wrong
or guardians or persons entrusted with his custody
o Because parents cannot commit kidnapping and SID May or may not Must have a Does not have a
against their children, if the parent kidnapped the have a condition condition condition
minor child, then apply 271. If the child is an adult,
Indications show Threat made in the
apply 267.
he persists in the heat of anger and

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crime indications show he o If to take real property, usurpation of real property
does not intent to o If with lewd design, forcible abduction
persist in the
wrong Threats Coercion

Notes: Threatened harm is future and Threatened harm is immediate,

o Must create in the mind of the victim that the threat conditional personal, direct
will be carried out, when made May be through intermediary or Cannot be through intermediary
o Threatening another with weapon or drawing it in in writing or in writing
quarrel, unless in lawful self-defense: other light threat
By intimidation which is future By violence or intimidation if it
o Intimidation may be committed by intermediary
or condition is direct, immediate, and
o If threat is part of element of another crime, it is
personal (ex. firearm)
absorbed (ex. threatening to kill to get consent for
sex: rape; ex. usurpation of real property) Ex. If you are still here when I Ex. If you do not get out, I will
o Grave threats depends on moral purpose; robbery is come back, I will kill you. kill you.
securing the property on the spot
o Grave threat and light threat court may require bond
for good behavior; failure to give: destierro LIGHT COERCIONS/UNJUST VEXATION (287)
o Threat to sue in court is not a wrong Light coercion:
o Through violence, seizing anything belonging to debtor
GRAVE COERCION (286) to apply for payment of debt
Elements: Unjust vexation:
o 1. Person is prevented by another from doing o Conduct not leading to physical harm or without force
something not prohibited by law or compelled to do or intimidation leads to annoyance, irritation,
something against his will, whether right or wrong disturbance to victim (pangkukupal)
o 2. Prevention or compulsion by violence (material force Notes:
or serious intimidation) o If against property, there is malicious mischief; not
o 3. Person has no right to do such personal security
Aggravated grave coercion: o Only through dolo
o 1. Against right of suffrage ANTI-WIRETAPPING ACT (RA 4200)
o 2. Against right of religion
Notes:
Notes:
o RA 4200 covers private conversations (not public)
o Preventive coercion prevent from doing something
o Recording allowed if there is consent by all those
o Compulsive coercion compel to do something
involved in the conversation
o Preventive coercion with subject of an act prohibited
o Tape recorders included; phone extension lines are not
by law: no grave coercion but it can be physical
injuries or unjust vexation (if no physical injuries) HUMAN SECURITY ACT (RA 9372)
o If there is deprivation of liberty, SID/kidnapping Punishable acts:
o If to prevent from seeking grievance, Art. 131

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 o 1. Unauthorized or malicious interception or recording
of communication or conversation
o 2. Unauthorized or malicious examination of bank
Bank officials or employees defying court ROBBERY IN GENERAL (293)
authorization
o 3. Unauthorized revelation of classified materials
ANTI-TRAFFICKING OF PERSONS ACT (RA 9208)
Punishable acts of trafficking:
o 1. Recruiting/providing persons for prostitution, porn,
sexual exploitation, involuntary servitude, forced labor,
slavery, debt bondage
o 2. Other means to achieve above: mail-order brides or
paid matching, , offering or contracting marriage, sex
tourism, adoption, pretense of overseas recruitment,
o 3. Organ harvesting or recruitment of child soldiers
Acts promoting trafficking:
o 1. Leasing property for trafficking
o 2. Issuing fake govt compliance materials, assisting in
misrepresentation, facilitating entry/exit, confiscating
or destroying travel documents of trafficked persons
o 3. Advertising or promoting
o 4. Knowingly benefiting from involuntary servitude,
slavery, debt bondage
Qualified trafficking:
o 1. Trafficked person is a child
o 2. Adoption through Inter Country Adoption Act
o 3. By syndicate or large scale
o 4. By ascendant, parent, sibling, guardian, or person
with authority of the victim, or public officer/employee,
law enforcement agent, military personnel
o 5. Victim dies, becomes insane, acquires HIV/AIDS
Notes:
o Civil liabilities from personal properties; if insolvent,
from proceedings and instrument of trafficking that are
confiscated
o There can be independent civil action under RA 9208
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o Exempt from filing fees
X: CRIMES AGAINST PROPERTY
Elements:
o 1. Personal property of another
o 2. Unlawful taking
o 3. Intent to gain
o 4. Violation or intimidation against persons OR force
upon things
Notes:
o No more frustrated robbery
o Gain need not be material
o If property thought to be ones own no intent to gain
o If violence or intimidation is done after possession is
taken, only liable for theft, grave coercion, or physical
injuries. But if person is killed in occasion of
robbery, it is robbery with homicide
o Need not offer in evidence the property taken, because
it could have been destroyed or thrown away
o Presumption of robbery (or theft) if person possesses
recently-stolen property and cannot explain why
ROBBERY WITH VIOLENCE OR INTIMIDATION AGAINST PERSONS (294)
Crimes punished:
o 1. Robbery with homicide
o 2. Robbery with rape, intentional mutilation, arson, or
personal injuries (par. 1 of 263)
o 3. Robbery with physical injuries (par. 2 of 263)
o 4. Robbery with physical injuries (pars. 3-4 of 263)
o 5. Simple robbery
Notes:
o #s 1-4 are special complex crimes. Follow above order.
So if there is robbery with homicide and rape, it is
robbery with homicide only
o The extra rape above is not aggravating
 o Remember that homicide, rape, mutilation, arson, and
SPI are only special complex crime components for
robbery with violence upon persons
o If PI are just LSPI or slight, only simple robbery
o The other component crime must be consummated
o If the other constituent element is not consummated,
it can be a complex crime under Art. 48
o Homicide is a generic term that can cover murder,
parricide, etc. It covers even reckless imprudence.
o By reason of crime of robbery means that there must
simply be a legal connection or intimate relation with
robbery, even if it happens, before, during, or after
o If there are separate criminal intents, or the other is
just an afterthought, there are two separate crimes
o Even if person killed is one of the robbers, it is robbery
with homicide
o Even if multiple people are killed or rape, just robbery
with homicide or robbery with rape
o Act of one is act of all EXCEPT if one robber overtly
attempts to prevent the homicide; he is just liable for
simple robbery even if he wasnt able to prevent it
o Dwelling is AC in violence against persons; inherent in
force upon things if broke into dwelling
ROBBERY WITH PHYSICAL INJURIES THAT ARE COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A
STREET, ROAD, OR ALLEY (295-6)
Special aggravating circumstances:
o 1. In an uninhabited place
o 2. By a band
o 3. Attacking a moving train, car, airship, or entering
passenger compartments in a train
Notes:
o Applies to robbery with physical injuries only
o Band here is SPECIAL AC no offset by generic MC
o Unlicensed firearm removed by RA 8294
ATTEMPTED AND FRUSTRATED ROBBERY (297)
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Notes:
o Frustrated robbery does not exist anymore
o P v Escote: Treachery can aggravate robbery with
homicide (not qualified to murder)
o If robbery is attempted, but homicide consummated:
separate crimes of attempted robbery and homicide
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298)
Notes:
o Crime is still robbery, but person compels one to sign,
execute, or deliver public instrument or document
through violence or intimidation
o Public instruments or documents only
o If document is void, grave coercion only
o If person compelled dies due to heart attack, the crime
is still 298, not robbery with homicide, although
penalty is governed by 294 par. 1
ROBBERY IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO
RELIGIOUS WORSHIP (299)
Modes of robbery with force upon things in 299:
o 1. Entering premises using constructive or actual force
o 2. Entering without force but while inside, broke walls,
doors, receptacles to extract personal property
o 3. Brought out of the premises locked or sealed
receptacles for the purpose of breaking them outside
o 4. Place is inhabited house, public building, or edifice
for public worship
Notes:
o Constructive force is entering through opening not
meant for ingress/egress, using picklocks or tools, or
simulating public authority or false name
o For mode 2, only actual force (actual breaking)
o If none apply, just theft
o Use of fake name or usurpation of authority is just a
mode; do not apply Art. 48
ROBBERY OF AN UNINHABITED PLACE (302)
 Notes: o 4. Enter enclosed property where trespass is
o If committed by a band, impose maximum penalty prohibited, then hunt, fish, or gather crops
o If to rob cereals, fruits, firewood: 303 (lower penalty) Notes:
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5) o Distinguish from #4: robbery of cereals in uninhabited
place
Notes: o Stolen property may be stolen again
o Mere possession or making these tools is punished o If private person is given property for particular
o If robbery actually committed, absorb possession purpose and he took it, it is theft if only physical
o False keys include genuine keys stolen from owner possession is given but juridical possession is kept by
BRIGANDAGE (306-7) the transferor; if juridical possession is given to the
thief, it is estafa
Brigandage Highway Robbery (PD 532)
Ex. a bank teller who steals deposited money
3 or more armed robbers Even just one person; but commits theft because he only has de facto
actually organized or
possession of money as employee
dedicated to commit highway
robbery o Services can be stolen (ex. electricity)
o Lost property must not yet be abandoned
Mere conspiracy to form a There must be performance of
o Person who profits from crime: principal under Anti-
band of brigands is a crime actual highway robbery
fencing law or accessory under RPC
Against a particular victim Indiscriminate highway Situation:
robbery o A sheriff stole evidence stored in the vault of the court
Liability of those who profit from the robbery: (ex. Gun, money, whatever), when the clerk of court
Brigandage Highway Robbery mistakenly left the vault open.
HELD: Sheriff: theft; Clerk of court:
Aiding or abetting a band of Accomplice under Art. 4 of PD
Malversation by culpa, since he has custody
brigands (307) 532
QUALIFIED THEFT (310)
Fencing
Qualifying circumstances:
o 1. Grave abuse of confidence
THEFT (308) o 2. By domestic servant
Modes: o 3. Coconut taken from plantation (tree or ground)
o 1. Taking anothers property without his consent o 4. Fish taken from pond
o 2. Offender finds lost property and he deliberately does o 5. Motor vehicle (now also carnapping)
not return it to the owner or the authorities o 6. Large cattle (now also cattle rustling)
o 3. A person who maliciously damaged property of o 7. Mail matter
another, shall remove or make use of fruits or object o 3. Taken during calamity and misfortune
of the damage caused by him Notes:

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 o Anti cattle rustling law, and anti-carnapping law did
not amend 310 these are SPLs
o If one is trusted and the other is not, then it is
qualified to the former and simple theft for the other
o A commission salesman not special confidence
required by grave abuse; it must be personal
relationship, not just business relationship
ANTI-CARNAPPING LAW (RA 6539)
Elements:
o 1. Taking of motor vehicle
o 2. With intent to gain
o 3. Either:
Without owners consent
Force upon things
Violence/intimidation upon persons
Modes:
o A. Carnapping with homicide, carnapping with rape, or
carnapping with murder
Special complex crime (RP)
o B. With violence, intimidation, force upon things
Qualified carnapping (17y4m-30y)
o C. Without violence, intimidation, force upon things
Simple carnapping (14y8m-17y4m)
Notes:
o Motor vehicle is propelled by power other than
muscular and using public highways
o Not utility vehicles if not used on public highways,
those than run on rails or tracks, or exclusively used
for agricultural purposes
o Trailers are a separate motor vehicle
o Special complex crime if committed on the course of
commission of carnapping or on occasion thereof
o Person killed or raped may even be a bystander
o If homicide/murder/rape is not consummated, qualified
carnapping only
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o Qualified and simple carnapping do not follow RPC
nomenclature so rules on accessories, etc do not apply
o X stole a truck and personal effects therein.
HELD: Two crimes: 1) carnapping and 2) theft
Special duties:
o 1. On collector of customs, to report to LTO within 7
days of arrival of motor vehicle or parts, and hold it
until LTO numbers it, if unnumbered
o 2. Importer, distributor, seller must keep record of
stocks and to whom these are sold to
o 3. Assembler or rebuilder of vehicle must secure
clearance and permit
ANTI-FENCING LAW (PD 1612)
Requisites:
o 1. Crime of robbery or theft committed
o 2. Not a principal or accomplice in the commission of
the crime, deals with the article in any manner, and
the article was derived from the proceeds of the crime
o 3. Accused knows or should have known that it was
derived from proceeds of robbery or theft
o 4. There is intent to gain for himself or another
Notes:
o Fence is the person or entity that fences
o Those who buy-and-sell need a permit, or else, liable
as fence
o Failure to get permit can result into closure of business
o Test of should have known it is stolen: if the articles
were displayed for sale, receipt was issued, etc.
o Presumption: mere possession of the stolen goods
USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY (312)
Notes:
o Similar to robbery, except involving real property
o Double penalty one for act of usurpation, one for
each act of violence
o BUT it is a single and indivisible offense (just
usurpation, not usurpation with homicide)
CULPABLE INSOLVENCY (314)
Notes:
o Debtors who conceal properties to avoid paying debt
SWINDLING/ESTAFA (315)
Types of estafa:
o 1. With abuse of confidence or unfaithfulness (par. 1)
o 2. Through fraud (par. 2)
o 3. Through other fraudulent means (par. 2)
Modes under par 1 (abuse of confidence):
o 1. Altering the substance of anything with value that
the offender should deliver by obligation
o 2. Misappropriating or converting to the prejudice of
another, some money, goods, etc.
o 3. Taking undue advantage of signature in blank
Notes:
o Mode 1 can cover even illegal or obscene goods
o Elements of mode 2:
1. Goods were assigned
2. Misappropriation, conversion, or denial of
receipt
3. To the prejudice of another
4. Demand by offended party to return the
money or property
o Mode 2 covers juridical possession (ex. bailment)
o There must be fiduciary relationship involved
o No estafa if there is no gain for the party
o No such thing as estafa through negligence; it is dolo
o No estafa in mutuum (ownership transferred)
o X was a sales agent selling residential lots on behalf of
a corporation. He was authorized to sell the lots, but
NOT receive the monthly amortizations from the lot
buyers. However, he received these and worse, he
failed to remit these.
HELD: Two sets of estafa: 1) against lot
buyers, through fraud or misrepresentation; 2)
against employer, abuse of confidence
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o As many counts of estafa as number of victims; but if
committed on different occasions, as many counts as
number of transactions
Modes under par 2 (fraud):
o 1. Using fictitious name, falsely pretending to possess
power, influence, qualifications, property, credit, etc.
o 2. Altering quality, fineness, weight of anything
pertaining to his business or art
o 3. Pretending to have bribed government employee
o 4. Bouncing check
o 5. Obtaining food or service from a hotel or restaurant
without paying for it and with intent to defraud, or
obtaining credit through false pretense/fraud
Notes:
o Maximum penalty, if mode 3
o Illegal recruitment liable in Labor Code and estafa
o Elements of par 2 crimes:
1. False pretense, fraudulent act or means
2. Made or exhibited prior to or simultaneously
3. Victim relied on such and was thus induced
to part with his money or property
4. Causing damage
o Caveat emptor does not apply
o Bouncing check under estafa (315)
o Elements of bouncing check in estafa (315):
1. Post-dating or issuing check for obligation
contracted at the time the check was issued
2. Lack or insufficiency of funds to cover it
3. Knowledge of the drawer of this lack
4. Damage capable of pecuniary estimation to
the payee
5. Did not deposit required amount within 3
days from notice of dishonor
o Key: the obligation must not pre-exist the issuance of
the check; thus, if issued as security, no estafa
o Lack of funds material when the check is due
Modes under par 3 (other frauds):
 o 1. Inducing another through deceit to sign document o 1. Destructive arson
o 2. Fraudulent practice to insure success in gambling Place with explosive materials
o 3. Removing, concealing, or destroying in whole or in Cultural, educational, social service edifice
Religious place
part, any court record, office files, document, or any
Where evidence is kept
other papers Train, plane, vessel, means of transportation
BOUNCING CHECKS LAW (BP 22) Hospital, hotel, housing, mall, market, movie,
and similar places
Covered by BP 22, but not estafa: Building in congested or populated area
o 1. Issuance of check as deposit o 2. Other arsons:
o 2. Issued as guaranty Government building
o 3. For pre-existing obligation Inhabited house or building
Notes: Industrial establishment (shipyard, mine,
o Period to cover lack of funds is 5 days from notice of platform, tunnel, etc.)
dishonor, not 3 days Plantation or farm, rice mil
o If check is already stale when cashed, then there is no Station, airport, wharf, warehouse
prima facie presumption of knowledge of no funds o 3. Simple arson
o There can be simultaneous BP 22 and Estafa case Special aggravating circumstances:
OTHER FORMS OF ESTAFA/SWINDLING (316) o 1. With intent to gain
o 2. To benefit another
Modes:
o 3. Out of spite or hatred
o 1. Pretends to own of real property and disposes it
o 4. By syndicate
o 2. Knows real property is encumbered and disposes it
Specially punished:
o 3. Owner of personal property wrongfully takes it from
o 1. Arson, where death results (qualified)
lawful possessor to latters prejudice or of 3rd person
o 2. Mere conspiracy
o 4. Executing fictitious contract to prejudice of another
Notes:
o 5. Person accepts any compensation given him under
o There can be arson by negligence (ex. person burns
the belief that it was in payment for labor/service
trash, disregarding strong winds. The winds blew
when he didnt actually perform any
cinders to neighbors property, burning it) simple
o 6. Surety in a bond for criminal or civil action disposes
imprudence resulting in arson
of the property given by him, without leave of court
o No frustrated arson
OTHER DECEITS (318) o No arson with homicide. If intent is to kill, murder. If
Notes: intent is to burn, arson (just civil liability for death). If
o Covers other conceivable deceits not covered above burning is conceal homicide, separate crimes.
o Even those who tell fortunes or dreams for a profit (!) o Just one crime of arson even if several houses burned
o Burned own property: liable if damaged other property
DESTRUCTIVE ARSON (320)
MALICIOUS MISCHIEF (327)
Elements:
o 1. There is fire Notes:
o 2. It was intentionally caused o Intentionally causing damage to property of another
o 3. Property burned even if not completely destroyed without use of fire or pyrotechnic
Modes: o There must be specific intent to destroy such property
(unlike arson, where it can be culpa or dolo)

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 o If purpose is to annoy, unjust vexation Who is liable:
o If death results from arson, it is just arson; if death or o Husband
injury results from malicious mischief, separate crimes o Concubine destierro only
EXEMPT FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY Notes:
(332) o If man had a married concubine: liable for both
adultery and concubinage
What crimes are covered:
o 1. Theft and qualified theft ACTS OF LASCIVIOUSNESS (336) AND CONSENTED ACTS OF

o 2. Estafa not complexed with other crimes LASCIVIOUSNESS (339)

o 3. Malicious mischief
Who are exempt from criminal liability:
Acts of Consented acts of Sexual abuse
o 1. Spouses
lasciviousness lasciviousness (339) (RA 7610)
o 2. Ascendants and descendants
(336)
o 3. Son/daughter-in-law and mother/father-in-law
o 4. Brothers and sisters who must be living together Obscene acts Obscene acts Obscene acts
Whether legitimate, half, or illegitimate committed with committed with lewd committed with
Notes: lewd design design lewd design
o Participating strangers are not exempt
Committed under Committed under
o There is still civil liability, exemption is for criminal
circumstances of circumstances of
rape (no consent) seduction (consent
XI: CRIMES AGAINST CHASTITY secured by deceit)
ADULTERY (333) Victim is male or Victim is female Victim is male
female or female
Liable for adultery:
exploited in
o 1. Married woman who has sexual intercourse with a
prostitution or
man not her husband
subjected to
o 2. That other man who has carnal knowledge of her,
sexual abuse
knowing her to be married
Notes: Any age, any 12 to below 18 years 12 to below 18
o The other man must know she is married reputation old and virgin of good years old (if less
o Each sexual intercourse is one count of adultery reputation than 12,
o No frustrated adultery; there is attempted adultery prosecute under
o Criminal action must be against both parties if alive RPC)
o Both pardon and consent bar filing criminal complaint
o Private crime
QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338)
CONCUBINAGE (334)
Qualified seduction (337) Simple seduction (338)
Modes:
o 1. Husband keeping a mistress in the conjugal dwelling Offender has sexual Offender has sexual
o 2. Having sexual intercourse under scandalous intercourse with the victim intercourse with the victim
circumstances with a woman not his wife through cajolery through cajolery
o 3. Cohabiting with the woman in any other place

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Victim is a virgin woman Victim is a single woman or o Complex crime of forcible abduction with rape Taking
widow (because you cant get of the woman amounts to forcible abduction, and
married below 18 now) of thereafter she got raped
good reputation o Only one rape can be complexed with forcible
abduction. Subsequent rapes are separate crime
Offender is person with Offender is any person
o Kidnapping if initial intent of taking to deprive of liberty
authority, confidence, or
o Kidnapping with rape if the woman was raped
relationship vis--vis the
thereafter in the occasion of kidnapping
victim
o Forcible abduction cannot be complexed with
Generally, victim is 12 to Victim is always 12 to below attempted rape or acts of lasciviousness, because all
below 18 years old than 18 years old those crimes are different manifestations of the same
Victim can be 18 or older if lewd design
the offender is an ascendant PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)
or brother
Notes:
o Civil indemnity is absolute and not dependent on
Notes: financial capacity of accused
o Seduction is sexual intercourse with one presumed to o For concubinage and adultery, both must be charged
be unable to give full consent, although not rape (or pardoned). The offended party may grant pardon
o If no sexual intercourse, but same circumstances, to both offenders prior to criminal prosecution.
consented acts of lasciviousness o For other crimes against chastity, there can also be
o Abuse of confidence is inherent in qualified seduction pardon prior to criminal prosecution by victim.
Compare with rape: o For rape, seduction, abduction, acts of lasciviousness,
o It is always rape if less than 12 years old valid marriage between offender and offended
o If 12-18 there must be force or intimidation to become extinguishes criminal action or remits penalty for rape,
rape. Virginity is not material in rape. seduction, abduction, acts of lasciviousness
o In qualified seduction, the girl must be 12-18 and For seduction, abduction, acts of lasciviousness
virginity is an element. there is express provision extending benefit
to co-accused (344)
FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343)
For rape, no such specific provision (266-C)
Civil liability of rape convict who sires a child:
Forcible abduction (342) Consented abduction (343) o 1. Indemnify the woman
o 2. Acknowledge the offspring unless the law prevents
Victim is any woman of any Victim is virgin of 12 to below him from doing so
age, civil status, or reputation 18 years old o 3. Support the offspring
Abducted against her will Abducted with her consent
XII: CRIMES AGAINST CIVIL STATUS
With lewd designs With lewd designs
SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND
CONCEALMENT OR ABANDONMENT OF LEGITIMATE CHILD (347) AND
Notes:
USURPATION OF CIVIL STATUS (348)
o If initial intention is rape, forcible abduction absorbed
Punishable acts:

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 o 1. Simulating birth, substituting one child for another,
or abandoning/concealing a legitimate child to have
him lose civil status
o 2. Cooperating in the crime through office or position,
if physician, surgeon, or public officer
o 3. Usurping the civil status of another to defraud the
offended party or his heirs
Notes:
o Simulation of birth done in record of birth
o If in another document, crime is falsification
BIGAMY (349)
Elements:
o 1. Offender has been legally married
o 2. Marriage has not been legally dissolved, or absent
spouse not yet been judicially declared presumed dead
o 3. Offender contracts a subsequent marriage
o 4. Such subsequent marriage has all the essential
requisites of validity
Notes:
o Judgment of nullity or annulment must precede
subsequent marriage; no curing
o Constructive notice by registration does not apply to
bigamy, because it is usually entered into secretly from
the legal spouse. There must be actual knowledge of
the subsequent marriage. (Whereas in property and
land disputes, constructive knowledge vests upon
registration degree)
ILLEGAL MARRIAGE (350), PREMATURE MARRIAGE (351),
PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)
Illegal marriage:
o Knowingly enter into void or voidable marriage (except
bigamous marriages)
Premature marriage:
o 1. Remarry within 301 days from the death of husband
o 2. Remarry prior to delivery of her child, if pregnant
during his death
Illegal marriage ceremony:
o Solemnizing officer who celebrates illegal marriage
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XIII: CRIMES AGAINST HONOR
LIBEL (353)
Elements:
o 1. Allegation of discreditable act or condition to
another
o 2. Publication of the charge
o 3. Identity of the person defamed
o 4. Existence of malice
Notes:
o Identity a stranger or third person may be able to
identify him as the subject of the statement
o Publication after being written, made known to
someone other than the person to whom it has been
written
Unsealed libelous letter sent to offended party
is published, because anyone could read it
Inter-office memo directed only towards
supervising officers is not published
o Presumption: all defamatory imputations are malicious,
even if the allegation is true
Exception: Good intention and justifiable
motive shown
o Court may impose a fine instead of imprisonment, or
both. (SC AM No 08-2008: fine is preferred)
o A headline alone is not libelous; it must be read
alongside the accompanying article
Exceptions to libel:
o 1. Private communication to another in performance of
legal, social, or moral duty
o 2. Fair comment of public acts
Other punishable persons in libel:
o 1. Those who threaten to publish the libelous material
unless he is compensated
o 2. Those who offer to prevent the publication of such
libel for compensation
SLANDER (358)
 Notes:
o Whether defamatory remark is serious or slight
depends on special circumstances of each case,
antecedents, or relationships between the offended
party and the offender which might tend to prove the
intention of the offender at the time
o Not depending on sense and grammatical meaning of
the utterances
o Putang ina mo is not slander
o Defamation: formal crime no attempt/frustration
SLANDER BY DEED (359)
Notes:
o Slander by deed is dishonor, discredit, or contempt
upon another person not covered by slander or libel
GENERAL PROVISIONS (360)
Persons responsible for defamatory publications:
o 1. Publishes, exhibits, or causes the publication or
exhibition of any defamation
o 2. Author or editor of a book or pamphlet, newspaper
to the extent they are authors/editors thereof
Jurisdiction:
o Express provision of law: always under RTC
Alternative venues of libel cases:
o 1. RTC where libelous article is printed and first
published (regardless of nature of victim)
o 2. If victim is a private individual, RTC where he
actually resided during offense
o 3. If victim is a public officer whose office is in Manila
at the time of the commission of offense, in RTC Manila
o 4. If public officer outside of Manila, in the RTC where
he held office during the commission of the offense
When public officers can demand damages from press:
o 1. Statement was made with actual malice with
knowledge that it was false, or
o 2. With reckless disregard of whether it was true or not
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INCRIMINATORY MACHINATIONS (363-364)
Crimes under incriminatory machinations:
o 1. Incriminating an innocent person (363)
o 2. Intriguing against honor (364)
Notes:
o Incriminating against a person is imputing to him the
commission of a crime (including planting of evidence)
o Intriguing against honor chismis; author is
unknown and offender appears to be repeating what
he heard from others, and he is not assuming
responsibility for the statement
o If source of statement is known, it is slander
XIV: CRIMINAL NEGLIGENCE
What are the elements of reckless imprudence?
o 1. Offender does or fails to do an act
o 2. It is voluntarily done or not done
o 3. Without malice
o 4. Material damage results from the reckless
imprudence
o 5. There is inexcusable lack of precaution on the part
of the offender, taking into account: employment,
intelligence, physical condition, other circumstances
Types of criminal negligence:
o 1. Simple imprudence failure to exercise diligence
necessary or called-for by the situation; harm is not
immediate and danger is not openly visible
o 2. Reckless imprudence voluntarily doing or failing to
do, without malice, where material damage results
from inexcusable lack of precaution
Notes:
o There must be manifest material damage to another
o Complex crimes apply to imprudence, if reckless,
imprudent, or negligent act results in 2 or more grave
or less grave crimes
 o Subsequent abandonment of victim has higher degree
of penalty (must allege as qualifying circumstance)
o Medical malpractice usually requires expert evidence,
except if there is res ipsa loquitur
o No crime of double homicide through reckless
imprudence. In reckless imprudence, the actual
penalty for criminal negligence bears no relation to the
individual willful crime or crimes committed, but set in
relation to a whole class/series of crimes.
N.B. In the penalties for negligence, what
matters is if a less grave or a grave felony
results. This determines the violation.
o A charge under the RPC does not absorb other charges
comprising mala prohibita crimes

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