Cornejo Criminal Law Reviewer 1 PDF

NOTES IN CRIMINAL LAW REVIEW (2008)
Justice Ma. Cristina Cornejo
BOOK ONE such; and to those who commit crimes against

national security and the law of the nations
ARTICLE 1 5 Exceptions - that Even Committed Outside the Philippine
TIME WHEN ACT TAKES EFFECT Territory Air, Land and Water Still Subject to Philippine
Criminal Law
ARTICLE 2 1. Crime committed within a Philippine ship or airship.
SCOPE AND APPLICATION OF THE CODE 2. Forgery is committed by giving to a treasury or bank note
or any instrument payable to bearer or to order the
3 Important Characteristics of Criminal Law appearance of a true genuine document or by erasing,
1. Generality substituting, counterfeiting, or altering by any means the
2. Territoriality figures, letters, words or signs contained therein.
3. Prospectivity 3. If forgery was committed abroad, it must refer only to
Philippine coin, currency note or obligations and securities.
1. Generality 4. A public officer or employee who commits a crime related
General criminal law applies to all who lives/ sojourn to the exercise of his office.
within the Philippine territory. 5. Title I of Book II on crimes against national security and
Lives committed a crime here, Phil. Criminal law applies the law of nations covers treason, espionage, provoking war
to you and disloyalty in case of war, piracy and mutiny but not
Sojourn even if you are simply passing thru you are rebellion.
subjected to Phil. Criminal law. Note: When rebellion is committed abroad, the Philippines
will not acquire jurisdiction because rebellion is a crime
General Rule: against public order.
Who lives / sojourn in the Phil Territory
Board/ Phil. Ship/ Airship
Exceptions: it is not a question of ownership of a vessel
Heads of state, ambassadors, ministers, resident diplomatic it is a question of registration
where it was registered
Q: Consuls, Vice-consuls? for our court to acquire jurisdiction, it must be
A: not exempt from the operation of Phil. Criminal law registered in accordance of our Phil. Laws
even it was Filipino owned but not registered under
2. Territoriality our law, even if the crimes committed there, we do
- physical boundaries, that would include not have jurisdiction
Phil. Criminal law now will apply to all registration in the Bureau of Customs
crimes within the Phil. Territory. for as long as the crime committed on board of Phil
- Phil. Territory- the land, water and the air ship / Airship
Q: What about the extent of Phil territory? (because of the Q: What if the crime is committed on board on a warship?
Phil. boundaries nga?) A: Of course internationally accepted that would fall under
the jurisdiction - still which the country to which that
A: water- formerly 3 mile limit but now 12 mile limit from warship belongs, even if it is here within the Phil. Territory,
low water mark. if the crime is committed in that warship that is still
considered an exception in the territory of the country to
which that warship belongs.
Originally 3 mile limit extended from the low water mark 12
mile limit from the low water mark- by virtue of the New Q: Crime committed on board of foreign merchant vessel?
Convention of the Law on the Sea, which was ratified in 1982 A: 2 rules:
by member states, 50+ member states, 52/55 expand the a. French rule - if the crime committed on board of a foreign
territorial water jurisdiction of Phil. Criminal Law merchant vessel.
Example:
Exemptions to the Territoriality Characteristics of Phil. Here in our territory, under the French rule, we do not have
Criminal Law are found in Art. 2 of the RPC (memorize) jurisdiction except if that crime even if on board of a foreign
merchant vessel affects public order/ national security
meaning Phil. Criminal law will apply to those
persons who committed it even outside the Phil. b. English rule - the crime is committed on board of a foreign
Territory merchant vessel which is situated in Phil. territory, it is
so, it applies to all those who commit an offense subject to our jurisdiction except if that crime relates to
while on board/ Philippine ship/airship it shall apply internal affairs/ internal management of the foreign
to those who counterfeit currency notes, bank merchant vessel.
notes, coins which have been issued by the Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
government of the RP, it shall apply to those who 3. Prospectivity
are responsible for the introduction of those the law will apply only to facts, circumstances,
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counterfeit, bank notes that has been forge; public events, transactions after the promulgation of the
officials and employees who commit offenses in the law
course/ discharge of duties/official functions as
1969-2008 39 years of excellence and superiority

so the law must made to apply forward, it may not not penalty, subjected to a battery of
apply backward, it cannot be given a retroactive psychological test
application, that is the rule he did not to do it on his own - forced to do it
Exception:
If it is favorable to the accused, it is not enough 3. Protective / Utilitarian
that RA is favorable to the. The accused must not be habitual Case
delinquent (HD) Facts: Violation of BP22, he was being made to pay
something, the alleged creditor would not have any cash out,
HD - Art. 62 there is a propensity to fool somebody who is already in a
2 requisites must concur: dire straight -he took advantage on the accused.
1. RA is favorable to the accused Held - SC: Criminal Law, the penalty provided under the
2. He must not be a HD criminal law is not there to protect society only from actual
wrongdoers, but likewise from potential wrongdoers. Those
Q: Who / What is HD? who have propensity/ intonations to commit a crime
A: It is a special aggravating circumstance because it adds to
penalty ARTICLE 3
if within a period of 10 years, reckoned from the FELONY
date of his last release or the last conviction (2
reckoning point) Art. 3 relate to Art. 4
of the crimes of (any of the crimes of) serious Art 3- defines what a felony is
physical injuries, less serious physical injuries, Art. 4- how is criminal liability incurred
robbery, theft, estafa and falsification, is found
guilty of any of the said crimes, the third time or Q. What is a felony?
oftener Art. 3, a felony is an act or omissions punishable by law.
Take note the effect of repeal of the Penal Law Q. Did he incur criminal liability?
a.) New law provides a lighter penalty than the penalty A. Go back to Art. 3 & 4
provided in the old law with respect to a crime then the new
law will apply because it is favorable to the accused but Q. How is that act/omission?
remember he must not be a HD A. Either dolo or culpa.
b.)What if the new law provides a heavier penalty? At the Q. How is criminal liability incurred?
time of the commission of the crime, then you apply because A. Felony is an act/omission punishable by law it could be by
it is not totally repealed, its only that it apply to the same means of dolo (deceit, intent) culpa (imprudence,
offense but the point th4e lighter penalty in the old law that negligence, lack of foresight/skills)
would have to be made to apply.
2 Basic Kinds of felony
c.) What if the new law does not anymore penalize the act 1. Intentional felonies
which has been penalize before the old law 2. Culpable Felonies
- the crime is obliterated
- acquitted Q. What are the elements: Art 365 Culpable
A.
Schools of Thought Intentional vs. Culpable
1. Classical Theory -freedom -freedom
2. Positivist Theory -intelligence - intelligence
3. Protective / Utilitarian -intent -negligence
1. Classical Theory Act - overt act, violation of law, you penalize it

Man is considered a creature of absolutely free will
(voluntary) Omission - why it is omission of a felony? or punishable by a
Wherefore he has a choice law?
If he chooses to do wrong, he will suffer the
consequences Omission - we do not do anything - inaction, Q. So why do
If he chooses to be right, fine! we penalize for something we do not do?
Purpose of penalty retribution A. because there is a law that tells you to do this, if you do
not to do this, so you omit the obligations to do.
2. Positivist Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
does not do it voluntarily but there is a strange Example
and morbid phenomenon that compels it to do Treason (misprision) you are aware of the conspiracy to
the act commit treason- you have to report it to the proper
psychological authorities.
did not really mean to commit the crime but
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compel him by a strange or morbid ARTICLE 4

phenomenon to commit the crime HOW IS CRIMINAL LIABILITY INCURRED

Offender punched the victim, the victim fell on the floor
Q. How is criminal liability incurred? (cemented pavement), he did not die, while on the ground,
A. By any person committing a felony (delito) although the dumating si horsie horsie!!! Dead.
wrongful act done be different from that which he
intended. Q: Was the punching - that is an exertion of violence,
protective of injury? Was the punching, that is a felonious
By any person committing a felony (delito) act is the proximate cause of the death of the victim?
although the wrongful act done be different A: From the cause which is the act to the effect of the death
from that which he intended. nothing must happen in between, o di ba may nangyari the
Discussion horsie, horsie,. The intervening cause - horsie horsie
before you can incur criminal liability - you do a felony, if
you do something which is not a felonious, you may be civilly Case of Rockwell vs Case of Chuaco
liable but not criminally liable In Chuaco Case, the horse is not in the scene
Punched -died of cerebral hemorrhage incur criminal
Q. So how do you incur criminal liability? liability from the cause to the effect there is no
A. If you perform a felony intervening
Definition of felony People vs. Iligan

It is an act/omission punishable by law, if the act is incorrect may view that the concept of Proximate Cause
merely or otherwise but it is not punishable by law and you was modified
commit it but it appears that it is morally wrong but not the victim was hacked on the head and then he
punishable by law, you do not incur criminal liability. run until he reached the highway and he fell
and run over by the vehicles.
Example SC said: It was still a proximate cause even if
Q. A commit suicide and she jumps from a building and the immediate cause was the running over.
nibagsak sya kay B, did A incur criminal liability?
A. No, the act is not felonious. Suicide is not a felony. Even it Judge Cornejo: it is not modified explained by the
is immoral. Supreme Court, that it is a mortal wound na eh!
Highway - mabilis ang takbo ng vehicles so you
Opinion: He can be liable for reckless imprudence resulting do not consider that as an efficient intervening
to homicide cause
it was an isolated case
Judge Cornejo: those person who commit suicide, theres you do not drive less than 100 km per hour
something in their head (when you go up in the tallest still it is the same concept
building) di kana titingin kung may madadaganan ka pa), I do
not subscribed to the opinion. Felonious Act - effect nothing happened in between
The only question is if there is a criminal liability - if your act
is felonious. Factors Affecting Intent and Correspondingly the Criminal
If the act is not felonious, you will not incur criminal liability. Liability
1. Mistake of Fact
To be able to incur criminal liability, 2 requisites must 2. Error in Personae (Mistake in Identity)
concur: 3. Aberratio Ictus (mistake in the victim of the blow)
1. The act is felonious 4. Proximate Cause
2. The act is the proximate cause of the injury
1. Mistake of Fact
Concept of Proximate Cause If you commit an act which is felonious, because it is
The cause of the cause is the evil caused punishable by law but you did it under a mistake of fact, you
will not be criminally liable
Q: How it is defined in criminal law? Requisites (the 3 must concur):
A: People vs Iligan 1. That act would have been lawful had the facts been as the
It is that cause which in the natural & continuous sequence of accused believe them to be- the act would have been lawful -
events unbroken by any events, unbroken by any active nakapatay ka
intervening cause produces an injury without which the result 2. The intention of the accused in performing the act must be
would not have result. lawful
3. No negligence/carelessness on the part of the accused
Q: When there is a proximate cause?
A: From the cause to the effect nothing must happen in U.S. vs. Ah chong
between killed the victim, absolved because of mistake of fact
voluntary yan but under different special circumstances kaya
___________________________________________________ siya na absolve, fall under the concept of mistake of fact.
Proximate cause Effect which is the result
1. The act would have been lawful had the facts been as
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Case of Rockwell: the accused believe them to be.

Example

He slept, locked the door, he heard somebody knocking A: the point is A will not be liable for murder/homicide,
trying to open the door, he taught it was a murderer. But because he cannot kill somebody who is dead (inherent
before he opened / before he killed the victim, the intention impossibility on account of the employment of inadequate
was to protect himself or defend himself, because he ineffectual means)
believes there is somebody trying to kill him, but he was not
careless, not negligent, because he asked - sino yan, sino Example
yan? bukas bukas pa din3rd time asking, upon opening the Buying a substance, you knew it is a poison but it is sugar so
door he killed the person and after that he found out that it your intended victim did not die.
was only his roommate
He is acting in self-defense which is lawful For purposes of impossible crime
No fault or carelessness / negligence, precisely he was The act would be an offense
calling / asking 3 times
Additional According to the SC
2. Error in Personae (Mistake in Identity) The act should not constitute another violation of any other
If the act is criminal act but as was committed not under the provision in the RPC
mistake of fact, it was voluntary, it was with knowledge, he
knew what he was doing, talagang penalize siya, only that Case:
there is a mistake in the identity of the victim. Criminally Intod vs. Court of Appeals
liable. Offenders intended to kill Mr. X, so they conducted a
Example surveillance there is evident premeditation (go out, what
A intended to kill B but A killed C instead time?), so on the day they decide to execute their plan to kill
Q: Will A be liable for killing C? Mr. X, they TA! TA! TA! TA! And yet the house specifically the
A: Naturally, liable room - the supposed victim is not there, Mr. X is somewhere
else
3. Aberratio Ictus (Mistake in the vicitim of the blow)
A intended to shoot B, but A fired to C- mistake in the blow Argue in the SC: attempted murder, they tried to kill but he
(Aberatio Ictus) liable was not there
Example
The husband stopped the wife from talking, punched the Another Justice - impossible crime
pregnant wifebut there is no intention to kill the wife, How can it be - when one of the requisite is when the act
intention to exert of violence into her person, to stop her must not constitute any violation of the RPC, eh di ba TA! TA!
from talking. There is intent to cause harm but no intent to TA! Caused damage to the property, that is a violation of the
kill the wife. No intention to commit so grave / praeter RPC.
intentionem - criminally liable modified version of the impossible crime
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum hindi pumasok yung last provision- that do not
Impossible Crimes constitute another violation of any other provision
By any person performing an act which would be an offense of the RPC
against persons or property, were if not for the inherent but they considered it as an Impossible Crime,
impossibility of its accomplishment or on account of the because of the inherent impossibility
employment of inadequate or ineffectual means kapag attempted murder dapat andun yung tao and
about to commit the crime
Q: Is it a crime? definition of a felony
A: technically, No! Impossible crime is not a crime because not attempted/ frustrated stage in Impossible Crime
the act is not a criminal act it would be an offense or it
would have been an offense against person or property for if ARTICLE 5
not for the impossibility of its accomplishment or on account THERE IS NO CRIME WHEN THERE IS NO LAW THAT DEFINES
of the employment of inadequate or ineffectual means. AND PUNISHES IT
Q: Then if it is not a crime why it is penalize? ARTICLE 6

A: it is penalize because the fact of the commission of that STAGES OF EXECUTION OF FELONY
act, how which is not for the productive of a crime, against
person/ property, he has shown his criminal propensity, Different Stages of Execution of felony
intention to commit a crime only that he do not accomplish 1. Consummated
the crime because it is inherently impossible. 2. Frustrated
3. Attempted
The criminal propensity, criminal tendency that is the one
which is penalize, not the crime itself, because technically it Discussion
is not a crime. hindi ito crime
Example Attempted murder or is hereby found guilty beyond
reasonable doubt of the crime of attempted murder
Q: A intended to kill B, A went to the house of B, he saw B as defined and penalized in Art. 248 of the RPC in
lying on the bed, believing that B was sleeping but in fact relation to Art. 6 - stages of execution of a felony -
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B died in a cardiac arrest and A stabbed B. attempted homicide as defined and penalized in
Had the person (B) has been alive at the time of stabbing - Art. 249 of the RPC in relation to Art. 6
homicide/murder

execution by reason of some cause or accident other than his
1. Consummated own spontaneous desistance
All the essential elements of the crime are consummated
Attempted
a. Commences directly by overt acts
Example b. If the act is preparatory he has not reached the attempted
He kills somebody - die sya - consummated the moment you stage of felony
put that thing, you have control, consummated na but there overt means direct external / outer
are certain instances the consummation/frustration of the for the purpose of attempted felony the
crime will depend on the disposability of the articles taken. overt act must have a direct relation to
the crime intended to be committed
Case: not necessary that there is a physical act
People vs. Espiritu because the physical act may be
Rifles they put it in a truck then at the checkpoint the rifles preparatory or overt act
were found, they were unlawfully taken overt act may have a relation to be the
Consummated? No! crime intended to be committed
SC: it is simply frustrated because they could not have easily
disposed the rifle Example
Q: Person decides to kill somebody, he goes to the drug
Case: store, and buys rat killer intended to mix that to be fed to
People vs. Bino they got hospital linen from the placed it the intended victim. His acts in purchasing rat killer, has
was stored. They loaded it in the truck. Na-check point sila reached the attempted stage?
SC: consummated, because the linen is easily disposable A: NO! preparatory lang yan dib a, no direct relation in his
So it would depend on the disposability of the articles taken mind has a direct relation, but in the state of his mind, so it
for the purposes of the consummation is a preparatory act, malay mo maraming rats talaga, so it is
different however he comes home he mixes the poison on the
2. Frustrated food, he attempted to feed it, overt act, attempted
Offender performs all the acts of execution, which would homicide, because the direct relation.
produce it by reason of some cause independent of the will of Paano magiging attempted?
the perpetrator Susubo pa lang nya and the cat went to him, cat ate it and
- perpetrator - offender the cat died attempted, take note that he did not feed
- offender - he is the one who commit a crime because of some cause other than his spontaneous desistance
- all the acts of execution- naperform na nya
No attempted
Examples Impossible Crime
a. Frustrated Homicide - offender performs all the act of Homicide
execution if the offender has inflicted a mortal wound Arson
(sufficient to cause death) (fatal would yan) nisaksak mo in
the dibdib - consummated but if you have inflicted of a Notes:
mortal wound and then you have change of heart ikaw na You put flammable articles, nibuhusan mo ng gas, overt act -
mismo ang nagdala sa hospital or because you are a doctor, attempted
you save his life- frustrated, because the prevention of the Rape - no frustrated- only attempted and consummated
commission of the crime/ consummation of the crime is due Consummated rape, when? Slightest penetration of the ano
to you into the ano is already consummated di na kelangan to go
b. you inflicted the mortal wound, doctors came in, deeper, slightest penetration, for as long as there is a
administered the necessary medication and necessary healing slightest penetration
that save his life- frustrated, the offender performs all the What if walang penetration? yung hugging lang, kasi
act of execution that would produce a homicide as a obviously may intent, for example, you undress a woman, the
consequence kasi mortal wound na sufficient to death but male organ, walang penetration that is attempted it is not
nevertheless homicide is not committed coz the victim did acts of lasciviousness why you place your thing over her thing
not die, why? Due to some cause not on the will of the without intent to, attempted but the moment slightest
perpetrator but due to the will of timely medical assistance penetration - consummated
c. Rape- no frustrated
d. Arson- no frustrated Attempted male organ was placed and nagkiskis dun sa
e. Impossible Crime- no frustrated thigh nung girl. No penetration
3. Attempted SC: that is only an attempted rape. It simply constituted the

The offender merely commences, merely begins the strange thing of the castle of the orgasmic potency or the
performance of the act, the commission of the crime directly shelling of the variable passion.
by overt acts
Example
Frustrated naperform na lahat They inflicted injury on the victim, believing the victim has
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Attempted be merely begins, merely commences, how? By already died? Survive, is that frustrated homicide?
directly overt acts, but does not perform all the acts of They belief is immaterial. What matter is if all the acts of
execution were performed.

Even we say there is a conspiracy, because the act of 1 is
ARTICLE 7 the act of all, they conspire but if somebody or one of the
WHEN LIGHT FELONIES ARE PUNISHABLE conspirators try to prevent the commission of an act which
was not one of those agreed upon, he cannot be held liable.
Light Felonies Example:
Are punishable when consummated except those against We conspire to kill A but napatay na then susunugin yung
person or property. bahay but you prevent it, you may not be held liable for
Generally: when consummated arson
Except: attempted theft, attempted homicide
General rule: the act of 1 is the act of all
Example Exception: if 1 of the conspirators try to prevent the
Oral defamation commission of another act which was not agreed upon.
Slander
Proposal to Commit a Felony
ARTICLE 8 A mode of incurring criminal liability, is likewise a crime only
CONSPIRACY if it is made expressly a crime under the RPC
Q: When is there a conspiracy? Examples

A: When 2 or more persons come into an agreement Proposal to commit treason, proposal to commit rebellion,
concerning the commission of the crime and decide to proposal to commit sedition
commit it.
if it is made expressly made a crime
Conspiracy can be taken into 2 senses: it is not necessary that a proposal is accepted,
1. Generally as a mode of incurring criminal liability or it is mere proposal even if not accepted, it is made
taken as a crime itself only when expressly made a crime a crime in so far as the offense and liable, not
under the RPC / law specifically made a crime it must be accepted
2. If conspiracy is not expressly made a crime under the law perjury
specifically the RPC and conspiracy is simple a mode of Example
incurring criminal liability. I decide to induce him to execute a false affidavit, propose
the execution, if he will not accept my proposal. He is not
1. Conspiracy as a Crime liable
It is defined in the law as a crime Accept both will be liable, Principal by Inducement
Example Q: What if several persons were charged as conspirators,

Conspiracy to commit treason, rebellion, coup detat, have been acquitted, the last are guilty/ convicted, is
sedition, particular penalty there something wrong?
for as long it is defined a crime and gives a penalty, A: No, People vs.
conspiracy is a crime but if it is not made/expressly made a Nothing irregular because conspiracy is a mode of incurring
crime, more it is given a penalty in the RPC, it is simple a criminal liability.
mode of incurring criminal liability.
ARTICLE 9
2. Mode of incurring criminal liability GRAVE, LESS GRAVE, LIGHT FELONIES
Because the act of 1 is the act of all
ARTICLE 10
Example SPECIAL PENAL LAWS
Even if I, even if Mr. X is the only one who materially
perform the act, even he is the one who directly stabbed and ARTICLES 11 TO 15
killed the victim, kami we were there, did not participate in Art. 11 Justifying Circumstances
the actual killing for as long as it can be establish that we Art. 12 Exempting Circumstances
conspired to kill, then, we are likewise liable as Principals. Art. 13 Mitigating Circumstances
Art. 14 Aggravating Circumstances
Q. Mode of incurring liability when do you incur criminal Art. 15 Alternative Circumstances
liability?
A. When you perform an act or felony. JEMAA they are referred to as modifying circumstances.
So you perform an act, you are the one who killed the Q. Why modifying?
victim, kami hindi but we conspired to commit a crime, in A. Because they modify either to increase or decrease the
any other manner, we conspire to kill the victim, we are degree of criminal liability of a particular accused.
equally liable as to his death, as Principals, but of course in
conspiracy, it must be established clearly and convincingly as J there is no criminal liability
the crime itself although there is no direct evidence of E there is no criminal liability
conspiracy of course its inferred from circumstantial M there is criminal liability but reduced
evidence, was there some agreement if any part is done by A there is criminal liability but liability is increased or if it is
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them that would show there is common decide to commit a in the nature of qualifying aggravating circumstance then the
crime, there is conspiracy. crime is changed. It changes the nature of the crime.

Example Qualifying aggravating circumstance killing The unlawful aggression should have come from the
generally would amount to homicide but there is an private offended party.
attendance in the commission of the crime of qualifying
aggravating circumstance of treachery or evident In all these defenses the indispensable requisite is
premeditation, the crime is qualified from homicide to unlawful aggression.
murder. Q. Why unlawful aggression is indispensable?
A. Because if there is no unlawful aggression, the second
Justifying vs. Exempting requisite (which is reasonable necessity of the means
1. J there is no crime, there is no criminal liability because employed to prevent or repel the unlawful aggression) has no
the act is justified (neither crime nor criminal) basis because you are invoking SD, DR, DS so the unlawful
E there is a crime but there is no criminal aggression should have come from the victim. Meaning
Because the criminal or perpetrator of the act is exempt from without the unlawful aggression, there is nothing to prevent
criminal liability or repel.
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
2. J since there is no crime, there is no civil liability except Incomplete Justifying Circumstance (IJC) if not all the
Paragraph 4 state of necessity or avoidance of greater conditions are present
injury.
Q. What is the effect of IJC?
(We all know even in criminal procedure civil liability flows A. It is a privileged mitigating circumstance (PMC).
from the commission of the crime so if there is no crime,
there is no source from which the civil liability might flow or Q. What is the effect of PMC?
spring) A. It serves to reduce the penalty by degrees. It is 1 degree
lower to the mitigating.
E since there is a crime, there is civil liability. There is no
criminal liability but there is civil liability except paragraphs Incomplete SD, Incomplete DR, Incomplete DS, Incomplete
4 (accident) and 7 (insuperable cause). exempting circumstance not all the conditions necessary to
Meaning: with respect to paragraphs 4 and 7 there is neither justify the act or exempt the accused from criminal liability
criminal liability nor civil liability. are present.
JEM invoked by the accused. If in any of these defenses (SD, DS, DR) there is no unlawful
Aggravating invoked by the prosecution for the purpose of aggression, even if the two other requisites are present, you
increasing the degree of criminal liability of the accused. The cannot invoke of the PMC of IJC because as far as these
prosecution is requesting and trying to prove to the court defenses are concerned, the indispensable element is
that this circumstance should be appreciated against the unlawful aggression coming from the private offended party.
accused in the commission of the crime so as to increase the
criminal liability of the accused. Examples:
1. If in SD reasonable necessity of the means employed to
ARTICLE 11 prevent or repel the unlawful aggression and lack of
JUSTIFYING CIRCUMSTANCES sufficient provocation on the part of the person defending
1. Self defense (SD) himself are present but there is no unlawful aggression no
2. Defense of Relatives (DR) PMC
3. Defense of Strangers (DS) 2. If in SD unlawful aggression and reasonable necessity of
4. State of Necessity or Avoidance of Greater Evil the means employed to prevent or repel the unlawful
5. Fulfillment of a Duty aggression are present there is PMC
6. Obedience to Superior 3. If in SD unlawful aggression and lack of sufficient
provocation on the part of the person defending himself are
In self-defense, defense of relatives and defense of present there is PMC
strangers, the first two elements of these three defenses 4. If in SD one requisite is present, which is unlawful
are the same: aggression ordinary mitigating circumstance.
1. Unlawful aggression from the victim
2. Reasonable necessity of the means employed to PAR. 1 - SELF DEFENSE
prevent or repel the unlawful aggression Requisites:
They differ in the 3rd requisite: 2. Reasonable necessity of the means employed to
SD lack of sufficient provocation on the part of the person prevent or repel the unlawful aggression
defending himself 3. Lack of sufficient provocation on the part of the
person defending himself
DR - in case the provocation was given by the person
attacked, that the one making the defense (the accused) had 1. Unlawful Aggression from the Victim
no part therein / even if the relative being defended gives
the provocation, it is important that the person defending Aggression should have come from the victim of the
had no part in the provocation. accused
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DS the person defending the stranger was not motivated by The unlawful aggression must have come from the victim
hate, revenge, resentment or other evil motives. because he is defending himself or defending his relative or

defending a stranger so the aggression should have come A. Even if the accused gave the provocation, it was not
from the victim of the accused. sufficient.
Meaning: kung wala syang ginawang provocation that could
Q. What is unlawful aggression / What would consist of have illicited the aggression from the private offended party
unlawful aggression? (POP) or magbigay man sya ng provocation, it was not
A. It is an action either an actual physical assault coming sufficient to illicit such unlawful aggression from the POP.
from the victim or the threat to inflict real injury on the
offender and the threat to inflict real injury must be PAR. 2 - DEFENSE OF RELATIVES
immediate and imminent. The threat to inflict real injury in Requisites:
not merely imagined. 1. Unlawful aggression from the victim
2. Reasonable necessity of the means employed to
Immediate / Imminent about to happen. There are signs to prevent or repel the unlawful aggression
show that the aggression is about to happen. 3. In case the provocation was given by the person
attacked, that the one making the defense (the accused)
Example had no part therein / even if the relative being defended
Lumalapit lang sayo yung tao, no threat, you imagined that gives the provocation, it is important that the person
he will kill you this is not imminent. defending had no part in the provocation.
It must be at the time the unlawful aggression is still Q. Who are the relatives?
existing A. Spouse, ascendants, descendants, or legitimate, natural or
If you act / claim in SD, it must be at the time the unlawful adopted brothers and sisters, or relatives by affinity in the
aggression is still existing because of you attack somebody same degrees, relatives by consanguinity within the fourth
after the unlawful aggression has already ceased to exist, civil degree.
that is no longer SD, you are no longer preventing, you are no
longer preventing any aggression. When the unlawful Note: If not included in the list, you are simply acting in
aggression ceased to exist that is simply retaliation. defense of a stranger.
Example
Ni-saksak ka nya, umalis na sya tapos ni-attack mo pa sya Spouse must be Legitimate Spouse
retaliation The spouse must be a legitimate spouse. If common law
spouse, that is defense of stranger. There should be
Binugbog ka, after binugbog ka, bumagsak ka, he left and did legitimate relationship between you and the spouse.
not do anything else and then you stood up and you followed
him and stabbed him. Note: The concept of unlawful aggression and reasonable
Q. Is that SD? necessity in SD is the same in DR.
A. No. Tapos na eh! It should be on going or about to happen.
You are simply repelling the aggression so the aggression 3. Even if the Relative Being Defended Gives the
must be existing at the time you reacted. Provocation, it is Important that the Person Defending had
no Part in the Provocation
2. Reasonable Necessity of the Means Employed to Prevent
or Repel the Unlawful Aggression Example
- Case to case basis. It would depend on the existence of the Gerard (brother of Ayce) saw Ayce on the ground about to be
aggression as well as the nature and extent of the aggression hit by the group of Chat. Gerard did not know that Ayce gave
because you are trying to repel or trying to prevent the the provocation but it was Ayce who started it all. Gerard
aggression so it must be reasonable and must depend on the thought that it was Ayce who was the victim. So what Gerard
nature and extent of the aggression. did, he assaulted the group of Chat. Gerard was acting in
Example defense of a relative even if Ayce was the one who gave the
Nisampal ka nya, sinaksak mo sya. Is that reasonable? No. provocation. What is important is that it Gerard was not part
Kung sinampal ka, sampalin mo din or suntukin mo. of the provocation.
PAR. 3 - DEFENSE OF STRANGERS
Minura ka, sinaksak mo that is unreasonable! Requisites:
It must be proportionate to the aggression. So it would 2. Reasonable necessity of the means employed to
depend on the nature and extent or gravity of the aggression. prevent or repel the unlawful aggression
The reasonableness would depend on the existence of 3. the person defending the stranger was not motivated
aggression. If there is no aggression there is no basis for by hate, revenge, resentment or other evil motives.
repelling.
Q. Who is a stranger?
3. Lack of Sufficient Provocation on the Part of the Person A. A person who is not listed under the concept of relatives.
Defending Himself
Note: The concept of unlawful aggression and reasonable
Q. What is provocation? necessity in SD is the same in DS.
A. It is something that would steal somebody to action.
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3. The Person Defending the Stranger was not Motivated by

Q. What is lack of provocation? Hate, Revenge, Resentment or other Evil Motives

Most of these are circumstantial. It is a matter of proof. accordance with the provisions of Article 80 of this
Code.
Example 4. Any person who, while performing a lawful act with
Ariel saw Jessica (a stranger) being mauled by Ayce. Ayce is due care, causes an injury by mere accident without
Ariels mortal enemy. Ariel assaulted Ayce. Ariel claimed fault or intention of causing it.
that he is defending Jessica who was assaulted by Ayce. 5. Any person who acts under the compulsion of
Nobody knew that Ayce is the mortal enemy of Ariel so it is a irresistible force.
matter of proof. What is important is that the person 6. Any person who acts under the impulse of an
defending was not motivated by hate, revenge, resentment uncontrollable fear of an equal or greater injury.
or other evil motives. 7. Any person who fails to perform an act required by
law, when prevented by some lawful or insuperable
PAR 4 - STATE OF NECESSITY OR AVOIDANCE OF GREATER cause.
INJURY / EVIL
Requisites: 1. An Imbecile or Insane Person Unless the Latter has
1. That the evil sought to be avoided actually exists; Acted During a Lucid Interval
2. That the injury feared be greater than that done to
avoid it; Imbecility the person has the mentality of a child 2 to 7
3. That there be no other practical and less harmful years old. It is not the chronological age.
means of preventing it.
Lucid aware of what he is doing
G.R.: There is no but there is civil liability
EXC: Paragraph 4. Meaning there is no crime, there is no civil Insanity the act must have been performed by the accused
liability. in a state of total deprivation of intelligence. Insanity would
include schizophrenia and epilepsy.
Example
Faye was driving her Jaguar car in the zigzag road, head on Example
collision with a bus. If she swerves her car to the left, she Gerard does not know what he is doing at the time he
would hit a pedestrian. If she swerves her car to the right, committed the crime because even if he has been declared
she would fall and would die. This is avoidance of greater insane but at the time he committed the act, he was acting
injury, and naturally, greater injury would be her life. So she during lucid interval that is not exempting. Because if he did
swerved her car to the left. This is self-preservation. it under lucid interval (sane or aware of what he was doing)
Faye is relieved of criminal liability because she acted in from his insanity (declared or diagnosed insane) not
avoidance of greater injury. Hence, she has to bear the civil exempt.
liability for any damages that she caused to the victim.
Note: Burden of proof is on the accused to prove that he is
OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR exempt / insane
Rules: 2. A person under nine years of age.
1. It must be obedience to a lawful order of a superior. 3. A person over nine years of age and under fifteen unless
It is not a blind obedience. It must be proved that it he has acted with discernment, in which case such minor
is a lawful order of superior. shall be proceeded against in accordance with the
2. If the accused complied with an unlawful order provisions of Article 80 of this Code.
under a mistake of fact, he has no liability. He will
not be criminally responsible. Minority under the RPC, if he is under 9 he is exempt. But
3. If he acted in compliance with an order which is by virtue of R.A. 9344 or The Juvenile Justice and Welfare
clearly and patently 7unlawful, he cannot invoke Act of 2006 (Kiko Pangilinan Law) under 9 or over 9 but
the defense of acting in obedience to a lawful under 15, exempt from criminal liability.
order.
15 or under at the time of the commission of the offense
Q. What if he acted in obedience to an unlawful order but shall be exempt from criminal liability but the child shall be
he acted in obedience because of an irresistible force or subjected to an intervention program.
under a compulsion of an uncontrollable fear?
A. He is not justified but he will be exempt under Art. 12. Q. What about above 15 but below 18 (16 to 17 years old)?
A. Exempt but the child shall be subjected to an intervention
ARTICLE 12 program in accordance with a particular act unless he acted
EXEMPTING CIRCUMSTANCES with discernment (he knows what is right and wrong), in
which case, he shall be subjected to the appropriate
The following are exempt from criminal liability: proceeding in accordance with law.
1. An imbecile or insane person unless the latter has
acted during a lucid interval. The exemption from criminal liability under R.A. 9344 shall
2. A person under nine years of age. not include exemption from civil liability which shall be
3. A person over nine (fifteen na as amended by RA enforced in accordance with law.
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9344) years of age and under fifteen (eighteen RA

9344) unless he has acted with discernment, in Before R.A. 9344 Juveniles in Conflict with the Law (A.M.
which case such minor shall be proceeded against in by SC) it is still consistent. It provides that a minor under 9

at the time of the commission of the offense shall be exempt A. IF means actual physical force exerted on the person of
from criminal liability. Over 9 under 15 at the time of the the offender. UF means you are being threatened but the
commission of the offense, he shall be committed to the care force to be exerted on the person of the accused or the
of his father or mother or the nearest relative or family threat or intimidation that is employed on the accused that
friend. If however, the prosecution proved that he acted with could have prompted him to commit the crime simply
discernment, he shall be subjected to appropriate reduced him to a mere instrument. He has no choice but to
proceedings in accordance with law. do it.
Prevailing Rule R.A. 9344 because it was promulgated IF for it to be exempting, always remember did this
2006. physical force reduced him to simply being a tool or
instrument? He has no choice but do it.
4. Any person who, while performing a lawful act with due Example:
care, causes an injury by mere accident without fault or Bugbog sarado na sya Pasasabugin mo ba ito o hindi? Pak!
intention of causing it Pak! Pak! Pasasabugin mo ba yung building o hindi? Pak! Pak!
Pak! O sige, pasasabugin ko na
*Relate this with criminal negligence.
Note: Common denominator of UF / IF reduced to being a
Q. Why will I be penalized for something I did not intend to mere instrument
do? Note: It does not mean that he has no more intelligence but
Because we said that felony is an act or omission punishable it should be he has no more will power or choice.
by law committed not only by means of deceit (dolo) but also
by means of fault (culpa) UF
Example:
Concept of Accident as an Exempting Circumstance You kill this particular person otherwise I will kill your wife
Accident as an Exempting Circumstance there is no or child. He has no choice because it would mean the death
criminal liability but in Accident (plain) there is criminal of his wife or child.
liability under Article 365 of the RPC.
Note: To be exempt from criminal liability, the offender must IF / UF always remember for these to be exempting, he
be performing a lawful act with due care causing injury to was reduced or the force to be exerted in his person or the
another or damage to the property of another. intimidation employed was simply reduced him to being an
instrument. He has no choice but do it.
Q. If Charles has a license to drive, he drives his vehicle
and in the course of his driving, he hit another vehicle or 7. Any person who fails to perform an act required by law,
run over somebody, liable under Art. 365. But why he when prevented by some lawful or insuperable cause.
would liable? (He never wanted that to happen.)
A. Because it is in the way that he performed his lawful act. Insuperable Cause it is a cause that cannot be overcome.
He has a license and he is driving he is performing a lawful
act, but if he caused injury because he performed the lawful Example
act recklessly without due care, then he is criminally liable. Joan gave birth in the forest so she was so weak and she has
to leave her baby to seek for help. She was not able to come
It is only when you perform a lawful act with due care can back because she was seriously ill, the baby died. She was
you make use of accident as an exempting circumstance. subsequently, sued for infanticide. Joan said she was
Example exempt. Is Joan correct? Yes. Because she was seriously ill at
Licensed driver ka and you are driving in the highway, ang the time (cause that you cannot overcome) making her go
bagal bagal mo na nga 20 km/hour, you are reckless? No. back to her child.
Saskia is driving inside the compound of San Sebastian at 70- Liability in Exempting Circumstance
100 km/hour. She is licensed to drive but she is driving in an If there is an exempting circumstance, there is a crime and
area where there are kids playing that is reckless. therefore there is civil liability because there is a source
from which you get the civil liability except paragraph 4
5. Any person who acts under the compulsion of (accident) and paragraph 7 (insuperable cause). This means
irresistible force. that if the exempting circumstance is paragraph 4 or
paragraph 7, there is no criminal liability and no civil
6. Any person who acts under the impulse of an liability.
uncontrollable fear of an equal or greater injury.
ABSOLUTORY CAUSES
Irresistible force & uncontrollable fear they are connected
because both have the same concept. Absolutory means the offender is relieved.
Rationale Entrapment vs. Instigation

Q. Why is the offender exempt from criminal liability if he Entrapment the person is engaged in an unlawful activity or
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commits a crime while acting under the impulse of an the offender is actually doing the crime only that he cannot
irresistible force (IF) or compulsion of an uncontrollable be arrested so ways and means are resorted to by the police
fear (UF)? officers to catch him in the act or in flagrante delicto. A
common form of entrapment is a buy bust operation.

G.R. For purposes of Incomplete Justifying and Incomplete
Instigation it is in the nature of inducement. The offender Exempting as a Privileged Mitigating Circumstances, the
or the one who committed the crime did not even think of majority of the requisites should be present.
committing the crime only that he was instigated to commit
the crime and then when he committed the crime, the police Note: if there are 2 or more mitigating and there is no
officers arrested him. The police officer simply induced him aggravating, it is already a privileged MC, which means it will
to commit the crime, the offender never even thought of reduce the penalty by 1 degree.
committing the crime from the very beginning. Note: In SD / DS / DR unlawful aggression should always be
present. Even if the majority of the requisites are present for
Q. What could be the absolutory cause as between as long as the unlawful aggression is not present no
instigation and entrapment? incomplete justifying.
A. Instigation because the offender is simply induced or lead
to commit the crime. It is not entrapment because 6. Passion or Obfuscation
entrapment is valid the police officers are simply catching
the offender in the act. The offender had been doing the act Passion or obfuscation is an ordinary MC.
before.
Obfuscation is confusion.
ARTICLE 13
MITIGATING CIRCUMSTANCES If you commit an offense under passion or obfuscation, it
can be mitigating.
The following are Mitigating Circumstances: Jurisprudence: for passion or obfuscation to be mitigating, it
1. Incomplete justifying or exempting circumstances. must have arisen from lawful sentiments.
2. Minority / senility (Wala na kasi exempt na) Example:
3. Praeter intentionem A man witnessed a woman taking a bath. He was so aroused
4. Sufficient provocation or threat that after the woman took a bath, when the woman came
5. Immediate vindication of a grave offense out, he raped the woman. The man admitted but he
6. Passion or obfuscation contended that he acted under passion.
7. Voluntary surrender Held: The Supreme Court said that the man did not act under
8. Voluntary plea of guilt passion. He acted under lust. Lust was never a lawful
9. Deaf and dumb, blind or other physical defect. sentiment.
10. Illness
11. Analogous circumstances Q. What if a girl acted because of jealousy?
A. Generally, jealousy is an unlawful sentiment but it will be
Q. What is the effect of mitigating circumstance (MC)? mitigating if it has a legitimate basis.
A. It is either to reduce the penalty by period or by degrees.
7. Voluntary Surrender and Confession of Guilt
Kinds of Mitigating Circumstances
1. Ordinary MC it serves to reduce the period of the Voluntary Surrender
penalty. Requisites:
In cases of divisible, it serves to reduce the penalty in its 1. The surrender must be voluntary
minimum. 2. The surrender must be unconditional
Note: We talk of the periods of the penalty if it is divisible 3. It must be a surrender of oneself.
because a period is one of the three equal portions of
divisible penalty. But it may have an effect with respect to Discussion: There is no problem that in voluntary surrender,
indivisible not single indivisible, if the penalty consists of 2 the offender acknowledges having committed the crime. The
indivisible penalties. liability is mitigated because by voluntary surrendering, the
offender unconditionally placed himself subject to the
We do not talk of periods in cases of indivisible penalty. custody of the authorities. The offender saved the
Example government from the time and expense in looking for him.
Death penalty is indivisible. There is no death minimum, The offender is given a concession his liability is mitigated.
death maximum!
2. Privileged MC it serves to reduce the penalty by degrees. Surrender must be Voluntary

Reduces the penalty by 1 or 2 degrees. Q. When is voluntary surrender mitigating?
Example A. It must be made immediately after the commission of the
1 penalty is 1 degree crime.
R Temporal Prision Mayor
Example
Kinds of Privilege MC: Paparating na ang mga pulis, the you said, I surrender.
A. Incomplete Justifying This is not mitigating because what prompted you to
B. Incomplete Exempting surrender yourself is not because you really wanted save the
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A & B meaning not all the conditions are present. Majority government from the time and expense in looking for you but
of the conditions are present. because palapit na sila.
Surrender of Oneself

Note: You do not surrender the instrument of the crime but 4. Qualifying
yourself 5. Special
Example 1. Generic
You killed somebody then pumunta ka sa police station and Applies to all kinds crimes
you said Ito sinu-surrender ko na yung bolo, may dugo dugo Examples
pa, pinatay ko si Mr. X. Recidivism, habituality
This is not mitigating because you simply surrendered the
instrument of the crime and not yourself. 2. Specific
They apply only to particular cases
8. Voluntary plea of guilt Examples
Evident premeditation, treachery and cruelty, they are
Confession of Guilt (at the arraignment or during the pre- aggravating circumstances but specifically applied to crimes
trial) / Admission of Guilt against persons
Discussion: If you offer to plea guilty to a lesser offense and 3. Inherent
your offer to plea guilty to a lesser offense is accepted by the They are necessarily present in the crime but they are not
public prosecutor and by the private offended party, it is used in the definition of the crime. They are part of the
valid and you will be allowed to plea guilty to a lesser crime.
offense. Examples
Abuse of authority / public office is inherent in bribery.
Q. Murder under the original information at the time of the Fraud is an aggravating circumstance inherent in estafa.
pre-trial, you offered to plea guilty to a lesser offense of Deceit is inherent in simple seduction. Unlawful entry in
homicide. Since you pleaded guilty and since you made a trespass to dwelling
confession of guilt in open court, will it be considered as
mitigating in your favor? 4. Qualifying
A. No more. For it to be mitigating, it must be a plea of guilt It changes the nature of the crime
or confession of guilt only to the offense as originally charged Examples
in the information and that plea should be a plea of guilt to a Abuse of superior strength, cruelty
lesser offense.
When killing is attended by qualifying aggravating
9. Deaf and dumb, blind or other physical defect. circumstances, that killing will be qualified from homicide to
murder.
Physical defects you committed it when you are blind or Simple theft can be qualified to qualified theft.
deaf.
Example of Qualifying Aggravating Circumstances
11. Analogous mitigating circumstances treachery, evident premeditation, abuse of superior
strength, cruelty.
Analogous means similar
5. Special
Example They arise under special conditions in order to increase the
Extreme poverty if you commit theft under extreme penalty but they cannot be offset by any mitigating
poverty, it is analogous to state of necessity. This is self- circumstances.
preservation, you have to live and eat. Example
Quasi-recidivism (Article 160 RPC), if after having been
If you voluntarily surrendered the stolen property, the convicted of final judgment or before serving sentence or
Supreme Court said that it would be analogous to voluntary while serving sentence, the offender commits another (new)
surrender in a prosecution for theft or robbery. crime and therefore he will be imposed a penalty with a
maximum of the imposable penalty for the new crime.
Note: There are only analogous mitigating circumstances but
there are no analogous aggravating circumstances. If a crime is committed by a syndicate syndicated estafa,
Example syndicated illegal recruitment, membership in an organized
The judge considered rape as analogous to ignominy or syndicated crime group.
physical injuries as analogous to cruelty.
SC said: by express provision of Article 13, there are only The following are aggravating circumstances:
analogous mitigating circumstances but no analogous 1. Taking advantage of official position
aggravating circumstances. (People vs. Regala, December 2. In contempt of or insult to public authorities
2000) 3. Age, sex, rank, dwelling
4. Abuse of confidence / obvious ungratefulness
ARTICLE 14 5. Committed in the palace of the chief executive,
AGGRAVATING CIRCUMSTANCES etc.
6. Nighttime, uninhabited place, band
Page12
Kinds of Aggravating Circumstances 7. On the occasion and by means of calamity or

1. Generic misfortune
2. Specific 8. Committed with the aid of armed men
3. Inherent 9. Recidivism

10. Habituality 3. Committed anywhere in the presence of the president
11. Price, promise or reward
12. Inundation, fire, poison, explosion, stranding of a Q. What if the crime was committed in the Arlgeui
vessel etc. Residence which is situated in the Malacanan grounds?
13. Evident premeditation A. It is not aggravating (unless in the presence of the
14. Craft, fraud or disguise president) because the term palace contemplates
15. Abuse of superior strength Malacaan Palace only.
16. Treachery
17. Ignominy Note: The Arlegui Residence was built during the time of
18. Unlawful Entry President Corazon Aquino because Pres. Aquino does not
19. Breaking of wall, roof, floor, door or window want to live in Malacaan Palace so a house was built for her
20. Aid of minor, use of motor vehicle inside the Malacaan grounds.
21. Causing other wrong not necessary for its
commission
6. Nighttime, uninhabited place, band
1. Taking advantage of official position
Discussion: For these three aggravating circumstances to be
2. In contempt of or insult to public authorities appreciated against the accused, the crime was committed in
This is a generic aggravating circumstance. order to facilitate the crime.
Public Authorities do not include the agents of persons in Nighttime

authority. It is not enough that the crime was simply committed at night
time.
3. Age, sex, rank, dwelling
Example
Dwelling You killed somebody now (nighttime) but there is no showing
Q. When is dwelling aggravating? that you purposely waited for night time to facilitate the
A. If the crime is committed in the dwelling of the offended commission of the crime. It just simply happens that the
party who has not given provocation. crime was committed at nighttime. Nighttime in this case is
not aggravating.
Q. The mother was walking along the street where a house
is situated where her daughter is working as a household Nighttime will only be aggravating to increase the criminal
helper. The mother heard the daughter crying (the liability of the accused if it can be shown that it was
daughter was verbally and physically abused). The mother purposely sought for to facilitate the commission of the
entered the dwelling of the employer of the daughter and crime.
assaulted the employer. Is dwelling aggravating?
A. No. Because the offended party here, who is the employer Q. Why?
gave the provocation. Note that the mother is still liable only A. Because pag night time mas mahirap ang identification lalo
that her liability will not be aggravated. na kung maitim sya
Q. If the offender enters the dwelling of another person The Crime is Committed in an Uninhabited Place
who has not given provocation. Inside the dwelling he Example
dragged the victim. Outside the dwelling, he assaulted the You want to kill him in a far place, in a warehouse or
victim. Can dwelling be appreciated against him? bodega, wala syang means of escape or he cannot ask help
A. Yes. For as long as the violence or assault started inside from anybody. In this case, uninhabited place was purposely
the dwelling. Against the offended party who has not given sought for the commission of the crime.
the provocation.
The burden of proof - is in the prosecution that it is an
Q. What if from the outside, there is no entry into the uninhabited place. Na hinanap yan or dinala sya don for the
dwelling, but from the outside nibaril nya yung private victim not to be able to seek help from anybody.
offended party who was there inside. No provocation on Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
the part of the private offended party. Is dwelling By a Band
aggravating? This is not a rock band
A. Yes. The violence was committed there although from the This is a criminal band.
outside and the victim gave no provocation.
Q. When is a crime considered to have been committed by
Note: Burden of proof prosecution a band?
A. If there are more than 3 armed male factors who
4. Abuse of confidence / obvious ungratefulness committed the crime.
5. Committed in the palace of the chief executive, etc. Note: 4 male factors - 3 of them armed and 1 not armed
Page13
no band
Situations:
1. Committed in the palace Note: There is another aggravating circumstance that speaks
2. Committed in the palace in the presence of the president of armed men (No. 8 of Article 14).

If the crime is committed with the aid of armed men that is a Q. If he has been previously convicted of theft by final
different aggravating circumstance but if you notice whether judgment and after which he killed somebody. Is he a
committed by a band or with the aid of armed men, the men recidivist?
in those circumstances are armed. A. No. Because theft is a crime against property and the
killing or homicide is a crime against persons. Both crimes
Q. What would make a band as an aggravating must be embraced in the same title of the code.
circumstance?
A. 1. The (whole) band or all of them must be armed. Q. What if the person after having been previously
2. At least 4 or more than 3 armed malefactors must have convicted of homicide, kills another person. Is he a
participated in the commission of the crime. recidivist?
3. They must be principals by direct participation in the A. Not necessarily because he has not been previously
commission of the crime. convicted by final judgment. Note that at the time of his trial
for the new crime which is embraced in the same title, he
Q. If 4 sila but only 3 directly participated in the must have been previously convicted by final judgment to
commission of the crime 1 participated by virtue of make him a recidivist.
inducement. Can you appreciate band as an aggravating
circumstance? Q. When is judgment by conviction final?
A. No. because at least 4 armed malefactors must have A. After the expiration of the 15-day period reckoned from
directly participated in the commission of the crime. All of notice of promulgation of judgment without any appeal taken
them must be principals by direct participation. from the judgment.
Q. How is it different from the aggravating circumstance of 10. Habituality

the crime being committed with the aid of armed men?
A. 1. With the aid of armed men the armed men need not 2. Habituality or Reiteracion the offender has been
necessarily take part on the commission of the crime. This previously punished for an offense to which the law attaches
aggravating circumstance is appreciated only against the very an equal or greater penalty than the penalty for the new
person who committed the crime. So ang nag-direct crime or he has been previously punished for 2 or more
participate ay yung taong nag-rely sa kanila. crimes to which the law attaches a lighter penalty.
If the crime is committed by a band it will be appreciated
against all of them because they are all principals by direct Punished for an Offense to which the Law Attaches an
participation. Equal or Greater Penalty
2. With the aid of armed men this aggravating circumstance Q. Serious physical injuries it turns out that before he
will only be taken against the very person who committed the committed serious physical injuries, records show that he
crime and the armed men who aided him will be considered has been previously punished or he has served sentence
as accomplices not conspirators because it was not for homicide. Is there habituality?
mentioned what kind of aid. As long as they are there, they A. Yes. Because what he committed is equal or greater than
are accomplices. homicide.
If the crime is committed by a band All must have
participated directly in the commission of the crime so that Note: pag baliktad hindi pwede.
will be appreciated against all of them. Example
He commits homicide now and he has been previously
7. On the occasion and by means of calamity or misfortune punished of physical injuries.
Q. What is the purpose of committing the crime? Note: homicide to homicide pwede kasi equal.
A. You are taking advantage of the misfortune.
Note: In habituality, we are talking about the penalty, if it is
Example greater or equal than the new crime.
In the course of relief operations, nagnanakaw ka pa. Super
criminal ka! Two or More Offenses to which the Law Attaches a Lighter
Penalty
8. Committed with the aid of armed men Q. He has been previously punished for 2 counts of slight
physical injuries. He now stands trial for maltreatment. Is
9. Recidivism there habituality? Is he punished for 2 or more crimes to
which the law attaches a lighter penalty?
Forms of Repetition A. Yes. Lighter than the new crime.
1. Recidivism
2. Habituality or Reiteracion He has been previously punished for less physical injuries
3. Habitual Delinquency (Art. 62) (light offense) to which the law attaches a lighter penalty.
4. Quasi-recidivism (Art. 160) He is now on trial, he commits slight physical injuries. Is
there habituality?
1. Recidivism if the offender after having been previously A. None. Light yan eh!
Page14
convicted by final judgment is now on trial for a new offense

embraced in the same title of the code. Note: Lagyan nyo lagi ng than. Equal or greater than what?
Than the new penalty for the new offense. Lighter than the
penalty for the new offense.

back to the house? Then he buys the instrument for killing
3. Habitual Delinquency (Art. 62) if within a period of 10 these are acts manifestly indicating his clung or
years reckoned from the date of his last release or last determination to commit the crime.
conviction of the crimes of:
a. Serious physical injuries Evident Premeditation meaning that there is sufficient
b. Less serious physical injuries lapse of time. Note that evident premeditation is not
c. Robbery presumed.
d. Theft
e. Estafa Premeditation there is cool reflection.
f. Falsification Example
he is found guilty of any of said crimes a third time or Isip?! Isip?! Itutuloy ko ba?
oftener.
If you kill somebody, you will be liable but your penalty will
Note: Any of the said Crimes be increased. You could have desisted from doing it but the
fact that you deliberated on it and you have sufficient time
Example to reflect on it Evident premeditation is very obvious. May
He has been convicted of robbery, convicted for 10 years. He criminal perversity ka because you sought / thought to do it
has been found guilty of serious physical injuries. He is a you planned to do it
habitual delinquent.
Q. If the offender says I plan and I have decided to kill the
The 3rd time or Oftener 3rd, 4th, 5th, 6th first person I meet on the street. He gets an instrument of
the crime. He goes out of his house and sees somebody
Q. Why is this aggravating? who is walking and kills that somebody. Can evident
A. (In a way this is a special aggravating circumstance). premeditation be appreciated?
Because under Art. 62, if it is committed for the third time or A. Yes. The 3 elements are present.
any of the six crimes this is penalty for the new crime
plus plus. The penalty will be increased or added. Q. What if he says I plan to kill Mr. X. I made the
necessary preparations. I have decided to kill Mr. X. I
4. Quasi-recidivism (Art. 160) after having been previously purchased the necessary instrument jungle bolo to kill Mr.
convicted by final judgment or before serving sentence or X. I conducted the necessary moves with which to execute
while serving sentence, he commits a new crime. my plan to kill Mr. X. On the day when I am supposed to
kill Mr. X, I saw somebody and I killed that somebody. It
Example turned out that somebody is not Mr. X but Mr. Y. Will I be
Hindi pa sya nakaka-serve or he has not finished serving his liable for the death of Mr. Y?
sentence by final judgment, nag commit na naman sya ng A. Yes. But evident premeditation will not be appreciated
new crime, there is quasi-recidivism. against me if I killed another person because my plan was to
kill X. I killed Mr. Y so with respect to the killing there is no
Note: Please remember pareho lang sila ng apelido ng evident premeditation.
recidivism but they are totally different.
14. Craft, fraud or disguise
Recidivism vs. Quasi-recidivism Craft cunning presentation
Recidivism the second crime must have been embraced in
the same title of the code as the previous crime of which he Fraud misrepresentation
was convicted by final judgment.
Quasi-recidivism there is no such requirement Disguise Intended to make identification more difficult.
Example
11. Price, promise or reward You put a mask to commit a crime
12. Inundation, fire, poison, explosion, stranding of a Q. What is the purpose for resorting to this? Why is it
vessel etc. aggravating?
A. It would show a greater criminal perversity on the part of
13. Evident Premeditation the offender. When an offender resorted to craft or fraud or
Requisites: disguise to deceive the victim and he was able to accomplish
1. Time when the offender has decided to commit the plan criminal perversity.
the crime.
2. Act manifestly indicating that he has clung to his 15. Abuse of superior strength
determination to commit the crime. It means greater strength. It is a notorious inequality of
3. Sufficient lapse of time from the time he decided forces between the victim and the aggressor. It does not
to commit the crime up to the time he actually refer to numerical superiority.
executed his clung to commit the crime.
Example
Page15
Example 3 offenders and 1 victim it does not necessarily mean that

He decided to kill somebody after his decision to kill there is abuse of superior strength
somebody he makes preparation he conducted a survey
where does his intended victim reside? What time does he go

1 on 1 your victim is parang hindi kumain ng 10 araw, Example
victim mo lelembot lembot. Ikaw incedible hulk you abuse Case of grave coercion an old woman was asked to show her
your superior strength. There is abuse of superior strength. underwear. That act adds to the moral suffering of the old
The offender took advantage of his greater strength. woman.
16. Treachery People vs. Yao (March 2000) when you committed rape in
Treachery applies only to crimes against persons. dog style position. This is ignominy. But note that rape is a
crime against person.
Note: There is a deviation. A case decided by SC (People vs.
Escote, 2003). In this case treachery was considered in a case Note: In cruelty, at the time you do other acts, the victim
of robbery with homicide (eh di ba ang robbery with homicide must have been alive kasi nga it adds to the physical suffering
is a special complex crime?) What is the main crime in this of the victim. The manner is to augment the victims physical
case? Di ba robbery? Robbery with homicide is a crime against sufferings.
property and yet in this case treachery was considered only
to increase the penalty for homicide. How can they increase? New SC Decision: The number of wounds sustained by the
Eh special complex crime nga yan eh. 1 penalty lang binibigay victim is not determinative of existence of cruelty in the
dyan eh. This case is a deviation. commission of the crime. It must be proved that those
wounds were inflicted in a manner that would add to the
For Purposes of Determining Whether there is Treachery physical suffering of the victim.
Remember 2 things these must Concur:
1. Mode of attack must have been consciously People vs. Salvador (1987) victim sustained 56 stabbed
adopted by the accused. wounds. The offender was convicted of murder. Is there
2. To make sure that at the time of the attack, the cruelty?
victim is defenseless. Held: No cruelty. It must be shown by the prosecution that
those wounds were inflicted to augment the victims physical
Mode of Attack sufferings. Homicide not murder.
The mode of attack must have been consciously adopted by
the accused meaning that the mode of attack must have been Example
deliberately chosen by the accused. It is not an impulsive If the wounds were inflicted successively and the victim is
attack. It is not simply an impulsive reaction of the accused still alive, usually, if it is successive, hindi mo na
to any provocation on the part of the victim. nararamdaman. It must be proved that such wounds were
inflicted to augment the physical sufferings of the victim.
Q. It must have been consciously adopted by the accused There must be circumstantial evidence to show that tsak!
or deliberately chosen by the accused, for what purpose? Aray! Tsak! Aray! Tsak! Ang sakit!
A. To ensure the accomplishment of his purpose (without
risking self), arising from any defense that the victim might 18. Unlawful Entry
put up and to make sure that at the time of the attack, the
victim was defenseless. 19. Breaking of wall, roof, floor, door or window
For as long as it was shown that the victim was defenseless at
the time of the attack treachery is there. 20. Aid of minor, use of motor vehicle
Q. What if X and Y quarreled. After their fight, X attacked Use of Motor Vehicle
Y from behind. Is there treachery? (People vs. Samson) Differentiate if the offense was committed with the use of a
A. No. The SC said that the fact that they quarreled, it must motor vehicle it is aggravating but if the offense was
have put the victim Y on guard that something is going to be committed inside a motor vehicle not aggravating.
done after the fight.
Crime was Committed Under 15 Years of Age
Note: Even if the victim was attacked in front but the attack Mahirap na kasi di ba lahat ng 15 exempt?
was sudden and that at the time of the attack, the victim had
no weapon (defenseless) treachery It is hard to prosecute kasi sino nagsabi sa kanila na gawin
nila?
17. Ignominy
21. Causing other wrong not necessary for its commission
Ignominy vs. Cruelty
Ignominy you committed the crime but in the commission ARTICLE 15
of the crime you still do something to add to the moral ALTERNATIVE CIRCUMSTANCES
suffering of the victim.
Alternative (either or) meaning that it may either be
Note: Generally, ignominy is not applied to crimes against mitigating or aggravating or even empting.
chastity.
1. Relationship
Page16
Cruelty You commit a crime and you still do something else 2. Intoxication
in addition to the crime that would add to the physical 3. Degree of Instruction or Education of the Offender
suffering of the victim.
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Q. Why 1, 2, 3 are alternative circumstances?

A. Meaning that relationship could either be aggravating or 1. Principals by direct participation material
mitigating, intoxication could either be aggravating or perpetrator of the crime. The one who actually
mitigating, degree of instruction could either be aggravating committed the crime.
or mitigating. It would depend on the circumstances that 2. Principals by inducement offering promises to
would be established. another to commit the crime. The inducement must
be the determining factor for the commission of
1. Relationship the crime.
Generally, mitigating in crimes against property although 3. Principals by indispensable cooperation without
relationship may be exempting in theft, estafa or swindling, him or without his cooperation, the crime would
malicious mischief, if the crime is committed mutually by the not have been committed. (relate this to
relatives. accomplice)
Relatives mutually committed between: 1, 2, 3 for these principals to be liable, there must be
1. Spouses the husband and the wife, ascendants, evidence of conspiracy. Why? Because the act of 1 is the act
descendants, relatives by affinity in the same line of all. Even if you induced him and he was not induced, he is
Example not liable.
Darling nasan na yung alahas ko? Di ka na man nag aalahas
ha. Binigay mo siguro sa babae mo. (Nagnakawan sila) If no evidence of conspiracy only the one who materially
2. The widowed spouse perpetrated the crime is liable.
3. Brothers and sisters and brothers-in-law and sisters-in-law,
if living together. (Art. 332) Principals by indispensable cooperation vs. Accomplice
Both cooperates only that in principals by indispensable
Other Rules: cooperation the crime could not have been accomplishes
1. Relationship is aggravating if the victim is a relative without him or without his cooperation.
of a higher or equal degree than the accused.
2. Relationship is neither mitigating nor aggravating if Example
relationship is an ingredient of the crime. He was the only 1 who owns a banca that could bring the
Example parricide offender to a very remote island. The crime could not have
been accomplished without him.
2. Intoxication
Intoxication of the offender is mitigating - if the offender has ARTICLE 18
committed a felony in a state of intoxication, if the same is ACCOMPLICES
not habitual or subsequent to the plan to commit a felony.
Accomplice cooperates but even without his cooperation,
If intoxication is habitual (G.S.M. Blue - morning, noon and the crime could still have been committed. The cooperation
night) or intentional it is aggravating but it must be of the accomplice is merely necessary to facilitate the
subsequent to the plan to commit the crime. commission of the crime.
Q. Why is it aggravating? Rule: If there is a doubt with respect to the liability of a

A. If it is subsequent to the plan or after your plan to commit person who gives cooperation, whether he is a principal by
the crime, uminom ka in order for you to commit the crime indispensable cooperation or accomplice, doubt should be
this is aggravating. But if intoxication is subsequent to the resolved in favor of the accused being considered as an
commission of the crime this is not aggravating because accomplice. Use this principle only when there is doubt.
you already committed the crime. Your purpose for drinking Analyze if his cooperation is necessary.
is that you are celebrating
ARTICLE 19
3. Degree of Instruction or Education of the Offender ACCESSORIES
Generally, it is mitigating if the offender has a low degree of
instruction or education but definitely not mitigating or Accessories takes part subsequent to the commission of the
aggravating in crimes against property or crimes against crime. He is an accessory after the fact of the commission of
chastity, even in treason. Why? Because no need to be a the crime.
lawyer to commit rape or robbery or theft.
Note: PD 1612 Anti Fencing Law.
ARTICLE 16 Yung fence takes part subsequent to the commission of
WHO ARE CRIMINALLY LIABLE? robbery or theft. This person will be charged as a fence under
PD 1612 or if he takes part subsequent to the commission of
Persons criminally liable robbery or theft.
1. Principals Example
2. Accomplices Sold articles if he profits.
3. Accessories If the offender takes part subsequent to the commission of
any other crime other than robbery or theft. He will be
Page17
ARTICLE 17 charged as an accessory under the RPC.

PRINCIPALS
Importance
Principals:

This is important because if you take part subsequent to the a. extinguishes criminal liability (absolute
commission of robbery or theft, you are a fence, you are pardon)
charged under special law the penalty is higher. b. does not extinguish civil liability because
But if you take part subsequent to the commission of any the president cannot give away anything
other crime other than theft or robbery, you will be charged which does not belong to him/her
as an accessory under RPC entitled to a penalty of 2 2. By the Offended party
degrees lower. a. Does not extinguish criminal liability
because the offended party is simply a
Accomplice 1 degree lower than the penalty of the witness in a criminal case.
principal b. Extinguishes civil liability if the offended
party waives the claim to such civil
Accessory 2 degrees lower but that would apply to liability.
accessories under the law and not those of taking part
subsequent to the commission of theft or robbery. ARTICLE 24
MEASURES OF PREVENTION NOT CONSIDERED AS PENALTY
Q. Can there be conviction of an accomplice or accessory
even without prosecution or conviction of the principal?
A. Yes. If let us say that principal is acquitted because he is
exempt from criminal liability. The importance is you have ARTICLES 25 - 113
established the fact of the commission of the crime. PENALTIES
INDETERMINATE SENTENCE LAW
Q. What if the principal is unknown or his whereabouts is PROBATION
unknown or the principal is at large or the principal is _________________________________________
being tried separately, can there be a conviction of an
accessory? SCALES OF PENALTIES under RPC (3)
A. Yes. For as long as the act of the commission of the crime
had been established. For as long as corpus delicti have been 1. Art 25
established. Penalties which may be impose (Principal and Accessory
Penalities)
Corpus delicti means the fact of the commission of the
crime. 2. Art 70
Successive Service of Sentence (Penalties According to their
ARTICLE 20 Severity)
ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY
3. Art 71
Accessories under Art. 20 who are exempt from criminal Graduated Scales of Penalties
liability exempt with respect to their spouses, ascendants,
descendants, legitimate, natural, adopted brothers and It is in this article where we would see the penalty next
sisters or relatives by affinity within the same degree except higher or lower in degree.
if they are accessories who profited by the effects of the
crime or who assisted the offender to profit by the effects of Example
the crime. If in the problem there exist a privilege mitigating
circumstance and the imposable penalty is Reclusion
Meaning: They are exempt with respect to 2 and 3 (of Article Temporal it will be lowered to one (1) degree and to
19) from criminal liability. find out what is one (1) degree lower that Reclusion
Temporal we would rely on Art. 71, which is Prision
ARTICLE 21 Mayor.
NO FELONY SHALL BE PUNISHABLE BY ANY PENALTY NOT
PRESCRIBED BY LAW PRIOR TO ITS COMMISSION We only have scales of penalties under the Revised Penal
Code and none under Special Law, therefore as far as
Even if the act appears to be illegal or immoral if there is no modifying circumstance are concerned, they are not to be
law punishing it, the same cannot be penalize if its not even considered in criminal actions involving violation of special
defined or constitutive of a crime and there is no penalty law due absence of scale of penalties. As for violations of RPC
provided by the law, hence cannot be penalize. the modifying circumstances should be considered since there
is scale of penalties provided for in the same.
ARTICLE 22
EXCEPTION WHEN THE LAW SHALL BE GIVEN DURATION OF PENALTIES
RETROACTIVE APPLICATION
Reclusion Perpetua :
ARTICLE 23 20 years and 1 day 40 years
PARDON BY THE OFFENDED
Page18
PARDON Reclusion Temporal :

12 years and 1 day 20 years
1. By the Chief Executive (Art. 36)
Prision Mayor :

and Temporary Disqualification : Preventive Imprisonment Subsidiary Imprisonment
6 years and 1 day 12 years 1. There is yet no judgment 1. Only after judgment has
Prision Correccional, Suspension and Destierro: or the accused is been rendered
6 months and 1 day 6 years charged with a non-bailable
offense or even if bailable,
Arresto Mayor: has no property or fund with
1 month and 1 day 6 months which to post bail, who is
being detained during trial.
Arresto Menor:
1 day 30 days
2. This is not a penalty. If 2. This is a principal
convicted he will given a penalty, if convict is
Bond to keep the peace:
credit for the period that he sentence to pay fine, but
Such period of time as the court may determine.
was detained. there is no fund to enable
him to pay, he may be
Reclusion Perpetua
imprisoned. Being a
Reclusion Perpetua (RP) has been given a duration (20 years
principal penalty must be
and 1 day 40 years), by virtue of RA 7695 (Heinous Crime
expressly imposed in the
Law), upon its promulgation there has been a confusion.
decision.
Everyone knows that RP is a indivisible penalty, hence no
Example
period. It is only in divisible penalty where we consider
If in the judgment it is
period, which consist of (3 periods, minimum; medium;
stated that he is hereby
maximum), in other words one period of a divisible penalty is
imposed to pay a fine of
one of 3 equal portions of periods.
P10K with subsidiary
imprisonment in case of
Nonetheless, RP remains to be an indivisible penalty, as
insolvency (expressly
enunciated by the Supreme Court (SC) in the case of Pp. v
imposed)
Lucas; the duration of RP was only for the purpose of
determining the number of years when may a person be
Example
incarcerated or imprisoned.
If it is stated only he is
hereby imposed to pay a
fine of P10K no express
Reclusion Perpetua Life Imprisonment declaration as to subsidiary
1. A penalty under the RPC 1. Under the Special Law imprisonment, hence, he
cannot be made to undergo
2. as to duration: 20 years 2. Indefinite subsidiary imprisonment
and 1 day 40 years since it is not stated in the
3. Has an accessory penalty 3. None judgment
Confiscation and Forfeiture of Proceeds of a

Article 25 Classification of Penalties crime: an accessory penalty hence need not be expressly
imposed in the judgment.
Principal Penalty Accessory Penalty COMPLEX CRIME

1. Regular (Article 48)
1. Prescribe by the RPC for 1. Perpetual or temporary a. Compound Crime one act producing 2 or more grave or
the offense charge absolute or special less grave felonies (Concurso Ideal)
e.g. treason (RP death), disqualification, forfeiture, Example
espionage (Pri. Cor) confiscation, civil throwing of hand grenade (Pp. v. Hernandez), the single act
interdiction. of throwing the grenade, killing several and seriously
wounding others (multiple homicide, multiple physical
2. Has to be expressly 2. Need not be express since injuries)
impose in the judgment it is deemed impose in every
judgment. e.g. As distinguished from Continuing, Continued, Continuous
is hereby sentence to Crime there is a single crime consisting of series of crime,
suffer the RP with all the all arising from one criminal resolution, committed at or
accessory penalties about the same time and place. (Concurso Real). In our
pertinent thereto pursuant jurisdiction, this concept is no longer adopted. What is being
to the RPC used instead is the concept of Transitory Crimes, which
usually contemplates prosecution, and where several
elements or a crime occurred in different places for purposes
of venue.
Page19
b. Complex Crime Proper one crime is a necessary means

to commit the other crime.

Example period; For example the penalty is PRISION MAYOR MAXIMUM
Estafa thru falsification of public document; forcible as illustrated below:
abduction with rape
2. Special - arising in the course of, by reason of, on occasion Prision Maximum 1 period 2 periods
of: (the law specifically provides what penalty is to be Mayor Medium
imposed). E.g. in the course of, by reason of, on occasion of Minimum
robbery someone is killed Robbery with homicide; in the
course of, by reason of, on occasion of robbery someone is Q. If 1 penalty is 1 degree, what is the penalty next lower
rape Robbery with rape in degree?
A. Prision Mayor Medium
Compound Crime
Q. What if one act produces 2 or more grave, less grave If penalty consist of 2 periods, then the penalty next lower in
and light felonies, will there be a compound crime? degree would be that 2 periods lower as well. For instance,
A. Yes, with respect to the grave and the less grave and the the penalty prescribe by the law for the offense charged is
light felony would be segregated which cannot be complex. PM medium and maximum, that is one penalty, one degree
lower consist of 2 periods, then 2 periods down so the
People vs. Lawas (1960) penalty next lower in degree of PM medium and maximum,
Involves a single act of pulling the trigger of an machine gun would be PRISION CORRECIONAL MAXIMUM AND PRISION
which produces several bullets and so several persons were MAYOR MINIMUM.
killed. SC in this case held that the single act of producing
the trigger and producing several deaths is a compound If the penalty consist of the whole extent of PRISION
crime. In this case there were several accused holding a MAYOR, one degree lower consist of 3 periods is
machine gun, and all of them fired at the same time and it PRISION CORRECIONAL.
cannot be determine, from whose gun the bullets came from.
In this case it was considered a compound complex crime. Penalty for the Principal (P), Accessory (*A) and
Accomplices (A)
Pp. v. Tabaco (1992) The numbers represent the degrees
`Involves gunfire from a rifle, which resulted to 4 killings. It
cannot be considered as compound complex crime even a Consummated Frustrated Attempted
single act of pulling the trigger, it is not the act of pulling the P 0 1 2
trigger and producing several deaths because that is the A 1 2 3
determining factor but the number of bullets which are *A 2 3 X
actually fired and produces several death that would be Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
determinative whether it is complex or not. Each person hit
by different bullets is a victim of separate homicide or The basis in determining the imposable penalty would always
murder. In this there is only one accused, so he has been be the penalty prescribe by the code for the offense charge.
identified as the person who killed several persons from That penalty is always imposed on the principal; the penalty
whose gun the bullets were fire. In Pp. v. Lawas it cannot be for the principal in the consummated stage of the felony is
determined from whose gun the bullets came so what the SC the penalty prescribe by the code for the offense charge,
held is that the crime involves a compound crime. represented in the table as 0. (Whenever the law prescribes
a penalty for a felony, in general terms it shall be
Q. What if one of the components of a complex crime has understood as applicable to the consummated felony). The
not been proved? What is the effect? Can the accused reckoning point is penalty prescribe by law for the principal
nevertheless be held liable of the other crime? in the consummated stage, which is the penalty prescribe by
A. Yes, provided that the other crime is proven beyond the code for the offense charge
reasonable doubt and the other crime not proven he shall be
deemed acquitted. The penalty for the accomplice in the consummated stage
of the felony is 1 degree lower than that prescribe by the
Q. What if both crimes were proved? What is the penalty? code for the offense charged.
A. The penalty for the most serious offense shall be imposed
in its maximum period. There lies the difference between a Example
regular and special complex crime for in the latter, the law The penalty prescribe by the code for the offense charge is
specifically provides a penalty for that special complex Reclusion Temporal (for the principal in the consummated
crime. While in the former, the penalty for the most serious stage)
crime in its maximum period shall be imposed.
Accomplice-Consummated (Prision Mayor) 1 degree lower
Divisible Penalty it is composed of 3 periods, 1 period of a than the penalty prescribe by for the principal in the
divisible penalty is one of the 3 equal portions of a divisible consummated stage
penalty (Period: Minimum, Medium, Maximum). A period is
different from a degree. Accessory- Consummated (Prision Correcional) 2 degrees
Page20
lower than that prescribe by for the principal in the

A period is one of the 3 equal portions of a divisible penalty, consummated stage
a PENALTY is 1 DEGREE. However if one penalty consist of a

(Article 70)
Principal Frustrated 1 degree lower than the penalty
prescribe by law for the principal in the consummated stage 1st Paragraph: When the offender has to serve 2 or more
penalties he shall serve them simultaneously if the nature of
Accomplice Frustrated 2 degrees lower than the penalty the penalties will so permit.
prescribe by law for the principal in the consummated stage
Example
Accessory Frustrated 3 degrees lower than the penalty Q. If has to serve 10 yrs, 3 years, 2, years and fine of
prescribe by law for the principal in the consummated stage 10,000, can this be serve simultaneously?
A. Yes, with respect to fine pay them then imprisonment.
Principal Attempted - 2 degrees lower than the penalty
prescribe by law for the principal in the consummated stage Example
Q. If has to serve 10 yrs, 5 years, 3 years, 2 years of
Accomplice Attempted - 3 degrees lower than the penalty imprisonment, Can he serve them successively?
prescribe by law for the principal in the consummated stage A. No. It has to be served successively.
Rules for the Applicable of Indivisible Penalties (Article 63)

If it cannot be served simultaneously, serve it in accordance
The ff are Indivisible Penalties (where there are no with order of their severity in the following:
Periods) Death
1. Death Reclusion Perpetua
2. Reclusion Perpetua Reclusion Temporal
Prision Mayor
1st Paragraph: in all cases where the law prescribes a single Prision Correccional
indivisible penalty, it shall be impose regardless of any Arresto Menor
mitigating or aggravating circumstance that may have Destierro
attended the commission of the deed. Perpetual Absolute Disqualification
Temporary Absolute Disqualification
Example Suspension from Public Office, the
If the court says, the penalty for this offense is RP (single right to vote and be voted for, the
indivisible); impose the same irrespective of any mit / agg right to follow a profession or calling
circumstance except: if it is a privilege mitigation which Public Censure
operates to, lower the same to one degree.
Note: Notwithstanding the following rule, the maximum
The law itself did not qualify, but in jurisprudence, it held duration of the convicts sentences shall not be more than
that in cases where the law prescribes a single indivisible three-fold, the length of time corresponding to the most
penalty, it shall be applied by the courts regardless of sever of the penalties impose upon him.
agg/mit cir. except: if it is a privilege mitigation (incomplete
justifying exempting) which operates to, lower the same to Requirements:
one degree. 1. The convict has serves at least 4 sentences/penalties
2. The total sentences exceed the most sever times 3 but in
In this case, RP lower by one degree is RT. no case exceeds 40 years
If on the other hand the law says the penalty for this offense Example
is RP and there is in attendance voluntary surrender, still is 10 yrs, 20 yrs, 6 yrs, 10 yrs = 46 ; the most sever is 20 x 3 =
RP because voluntary surrender is only Mitigating. 60 (3-fold length of time)
2nd Paragraph: in all cases in which the law prescribes a In this case, the three-fold service of sentence rule does not
penalty compose of 2 indivisible penalties the following rule apply because the total sentence is 46 and it does not exceed
shall be observed 60. But in no case it should still exceed 40 yrs in the case
Example In case where it would be the other way around, where the
If one penalty consist of two indivisible penalties RP TO three fold length of time is 46 and the total sentence is 60
DEATH, now consider the following circumstance: yrs, then adopt the three fold length of time which is 46, but
still in no case it would exceed 40 yrs, so in this case, the
1M 0A = impose the lesser penalty year of imprisonment is still 40.
0M + 1A = impose the greater penalty
0M + 0A = impose the lesser penalty INDETERMINATE SENTENCE LAW
Purpose: redeem valuable human material, the offender is

Rules for the Applicable of Divisible Penalties (Article 62) given another chance, in case where he had served the
Page21
Divisible Penalty (Where it contain periods) minimum of the indeterminate penalty he would be eligible
of parole.
Successive Service of Sentences
This law does not apply to:

a. indivisible penalties of Death, Life indeterminate penalty of 2 years as
Imprisonment, Reclusion Perpetua (pursuant to minimum to 8 years as maximum.
Article 63 par. 1) that when the penalty impose
is single and indivisible, the same shall be o What is indicative that the penalty given is
imposed without regard to any of modifying indeterminate? The phrase: as minimum
circumstance as maximum
b. Prison terms: of not more than 1 year.
c. Crimes of: Treason, Proposal or Conspiracy to Application if RPC: Take note that: Even if a crime
Commit Treason, Misprision of Treason, is penalized under the RPC one cannot deviated
Rebellion, Espionage, Sedition, Piracy. from the rule that indeterminate penalty always
d. Offenders who are: Habitual delinquents, consist of 2 penalties (minimum and maximum)
escapees from confinement, evaders of
sentence violators of conditional pardon Example
granted by the Chief Executive. If the penalty prescribe by the code for the offense charge
e. Non-prision sentences of: destierro, is RT (always the reckoning point as given in the exam).
disqualification etc. Apply now the ISL, or determine the imposable
indeterminate penalty.
Note: it happen it the Bar, where the examinees are asked to
compute the imposable indeterminate penalty, they went To get the minimum: it is fixed at 1 degree lower that the
through the motions of computing. when in fact the offender maximum penalty impose of RT in this case 1 degree lower is
involve is disqualified. Prision Mayor (6 yrs and 1 day to 12 yrs).
Application So the minimum is anywhere within the range of the penalty

next lower in degree that that prescribe the code in the
Always remember that the indeterminate penalty offense charge. (within: 6yrs and 1 day to 12 yrs as
always consist of 2 penalties, the maximum and minimum)
the minimum. For purposes of indeterminate
penalty this are not considered as periods of a To get the maximum: is determined by considering the
divisible penalties, but are considered penalties in presence of modifying circumstances applying Rule 64.
itself. Remember that Privilege Mitigating Circumstance must be
first considered before applying the said rules. The basis is
The indeterminate sentence law applies to both still the penalty prescribe by the code for the offense charge
crimes penalized by the RPC and other special which here is RT.
law, but only that the application would differ,
but both always consist of 2 penalties still. 1M 0A = minimum
0M + 1A = maximum
the application of ISL is mandatory provided that 0M + 0A = medium
the offender does not fall to any of those
disqualified under the ISL So for instance if there is 1M,0A the
indeterminate penalty would be:
How to get the Minimum and Maximum. o the convict is hereby sentence
Example to suffer the indeterminate
In the bar where a question gives a penalty (which is penalty of, anywhere within the
considered the reckoning point: the penalties range of PM as minimum to RT
prescribe by the code for the offense charge is the minimum as maximum (6 yrs.
reckoning period) And 1 day as minimum to RT
minimum as maximum)
Application in Special law: Take note that:
Special law has no scale of penalties, so one does Another Example
not consider the modifying circumstances, since it The penalty prescribe by the code for the offense charge is
provides its own penalty for the violation of such Prision Mayor
law.
Minimum: (1 degree agad) = Prision Correccional 6 mon.
Ex: 2 years to 10 years imprisonment (as given in and 1 day to 6 yrs.
the problem). Determine now the imposable
indeterminate penalty. The rules said that if its an Maximum: (0M + 0A) = Prision Mayor medium
offense penalize under the special law, the
minimum of the indeterminate penalty should not Indeterminate Penalty: is anywhere within the range of PC
be below the minimum provided in the law and the as minimum to PM medium as maximum
maximum should not be beyond the maximum
provided in the law Q. What if in the problem there is an attendance of
Page22
Privilege Mitigating Circumstance?

o So the penalty that may be imposed is: he A. Lower the penalty impose to 1 degree at the beginning
is hereby sentence to suffer the before applying the same rule.

Effect of death of the Accused pending appeal of his
Example Conviction
The penalty imposed is RT, with attendance of privilege The death of the accused pending the appeal of
mitigating circumstance, determine the indeterminate his conviction will extinguish his criminal
penalty. liability as well as his civil liability arising from
Immediately lower to 1 degree, which is PM (now the crime committed.
would be the reckoning point) However, civil liability arising from sources
other than the crime committed survives and
Minimum: (1 degree agad) = Prision Correccional 6 mon. maybe pursued in separate civil action. (law,
and 1 day to 6 yrs. contract, quasi contract, quasi delict)
Maximum: (0M + 1A) = Prision Mayor maximum Prescription of Crimes: is the forfeiture or loss of the right
of the State to prosecute the offender, after lapse of certain
Indeterminate Penalty: is anywhere within the range of PC time. Commence to run on the date discovered by the
as minimum to PM maximum as maximum. offended party, authorized person or agents. Base on penalty
prescribe by RPC
Execution of Penalty:
No penalty shall be executed except by virtue of Final 1. Crimes punishable by:
Judgment. The judgment must have attained finality a. Death, reclusion perpetua, reclusion
before I may be executed. temporal - 20 years
b. Afflictive penalties - 15 years
Q. When does a judgment attain its finality: c. Correccional penalties 10 years, except:
A. Arresto Mayor 5 years
If one failed to file notice of appeal within the When the penalty prescribe by law is
reglementary period of 15 days, reckoned from a compound one, the highest penalty
promulgation or notice of judgment. shall be made the basis of the
there is waiver of right to appeal, application of the rules contained
total or partial service of sentence above.
filing application for probation 2. Crime of Libel 1 year
3. Crime Oral defamation and Slander by Deed 6
Suspension of Sentence months
15-18 years old acting with discernment (suspended a. Simple Slander 2 months
sentence) b. Grave Slander 6 months
4. Light Offenses 2 months
Suspension of Sentence in case of Insanity 5. Crimes punishable by fines:
When a convict becomes insane or imbecile after a. If the fine is afflictive 15 years
final sentence has been pronounce, execution of b. If the fine is correccional 10 years
sentence only as regards the personal penalty not c. If it is light 2 months.
payment of his civil or pecuniary liability. If he The subsidiary penalty for
recovers reason his sentence shall be executed nonpayment of fine should not be
unless the penalty has prescribe considered in determining the period
If while serving sentence becomes insane, above of such crimes
provision applies. When fine is an alternative penalty
higher than the on the penalty which
Death sentence shall be suspended when: is imprisonment, prescription of the
Woman while pregnant crime is base on the fine
Woman within 1 year from delivery
Person over 70 yrs of age Prescription of Penalties: loss or forfeiture of the right of
Convict who becomes insane, after final sentence of the State to execute the final sentence or penalty after
death has been pronounced. certain lapse of time.
Total Extinction of Criminal Liability 1. Death and RP 20 years

D - death of convict that occurred before final judgment Only 2. Other Afflictive Penalties 15 years
as to his personal liability 3. Correccional Penalties 10 years except; Arresto
A - absolute Pardon of Chief Executive Mayor 5 years
S - service of sentence\ 4. Light Penalties 1 years
P - prescription of offense
A - amnesty (extinguishes the penalty and all its effects) Pursuant to the rule that a judgment is executed
M - marriage of the offended woman with the offender in the only when it becomes final, hence we only talk of
crimes of rape, seduction, abduction, and prescription of penalty after the judgment has
acts of lasciviousness that must be contracted in good faith become final
Page23
P - prescription of penalty The penalty must be imposed by final judgment.

Hence, when the convict appealed and thereafter
fled to the mountain, the penalty impose upon him

would never prescribe, because pending the appeal, in. It is not automatic in the sense that there must
the sentence is not final. first be conviction of the employee.
In prescription of crimes It is the penalty prescribe b. A reservation to prosecute the employer for his
by law that should be considered subsidiary liability is not necessary. The subsidiary
In prescription of penalty it is the penalty imposed liability of the employer is not determined in the
that is considered. same criminal case against the employee; hence
there is no need to reserve.
Commence to run: from the date when the culprit evaded
the service of sentence. What Civil Liability Includes:
Interrupted when the convict: 1. Restitution the thing itself must be restored, even
Surrenders though it is found in possession of third person who
Arrested acquired it by lawful means, saving to the latter his
Goes to a foreign country with which we have no action against the proper person who may be liable
extradition treaty, or to him.
Commits any crime before the expiration of the 2. Reparation the court shall determine the amount
period of prescription of damage, taking into consideration the price of
the thing whenever possible, and its special
Within the he period of prescription of penalty it has to be sentimental value to the injured party.
executed, the convict would have to be made to serve the 3. Indemnification of consequential damages
penalty include not only those caused the injured party, but
also those suffered by his family or by a third person
by reason of the crime
Difference between Amnesty and Absolute Pardon
Set Indemnification (by jurisprudence)
Amnesty a. Homicide, murder 50,000php
1. Applies only to Political Offenses b. Rape of the first form 50,000php +
2. Looks backward and abolishes the offense, and the moral damages of 50,000php
person would stand before the law as though he c. Rape of the second form 25,000php +
committed no offense. Makes an ex-convict no moral damages of 25,000php
longer a recidivist, because it obliterates the crime d. Rape committed under the
itself circumstances where previously
3. Granted by presidential proclamation with punishable by death 75,000php+ moral
concurrence of the Congress and there for it has to damages 75,0000php
be taken judicial notice of by the courts. Ones the e. Rape with homicide 100,000php +
court takes judicial notice of such fact, one does 100,000 moral damages
not have to present evidence to prove such fact. It
is an official act of the Chief Executive. Partial Extinction
4. Amnesty may be granted even before trial or during 1. Conditional Pardon
investigation, a conviction is not necessary. 2. Commutation of Sentence
3. Good Conduct allowances which the culprit may
Pardon earn while he is serving his sentence
1. includes any crime 4. Parole because after you shall have served the
2. Looks forward and relieves the offender from the minimum indeterminate penalty, he could be
consequence of his conviction release.
3. Private act on the part of the Chief Executive,
therefore it must be pleaded and proved by the
person who has been pardoned. BOOK TWO
4. Pardon applies only when the person has already
been convicted CRIMES AGAINST
NATIONAL SECURITY
Every person criminally liable is also civilly liable. This
means he is civilly liable only for the consequence of the Crimes Covered:
crime, which is the basis of the criminal action. This is the 1. Treason
only civil action which is impliedly instituted with the 2. Conspiracy and Proposal to Commit Treason
criminal action, the civil action flowing from the crime 3. Misprision of Treason
subject of the criminal case. 4. Espionage
5. Inciting to War and Giving Motives for Reprisal
Subsidiary Liability 6. Violation of Neutrality
7. Correspondence with Hostile Country
Subsidiary Liability of the employer of the
Page24
8. Flight to Enemy Country

convict; 9. Piracy and Mutiny
a. Is not automatic. If the accused-employee fails to
pay, the subsidiary liability of the employer will set Crimes Against National Security

1. Treason (Art. 114); 2. Conspiracy as a Mode of Incurring Criminal Liability not
2. Conspiracy and proposal to commit treason (Art. 115); stated in the RPC.
3. Misprision of treason (Art. 116); and
4. Espionage (Art. 117). Examples
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum A, B and C conspired to kill D but failed to kill D. A, B and C
Crimes Against the Law of Nations liable? It is not expressly made a crime
1. Inciting to war or giving motives for reprisals (Art. 118);
2. Violation of neutrality (Art. 119); A proposed to commit treason to B. B refuses, is A liable?
3. Corresponding with hostile country (Art. 120); Yes, because it is expressly proposal to commit treason.
4. Flight to enemy's country (Art. 121);
5. Piracy in general and mutiny on the high A proposes to C to kill B. C agreed. But C was the one who
seas (Art. 122). killed, A liable? Yes, because of conspiracy.
Q. Why is there conspiracy?
Crimes Against National Security are Committed During a A. The fact that he already accepted the proposal, there is
State of War except for: already an agreement.
1. Espionage
2. Inciting to War and Giving Motives for Q. What if Treason has already been committed?
Reprisal A. It will not fall under Art. 115.
3. Violation of Neutrality
4. Mutiny and Piracy Q. Is the 2-witness rule applicable in conspiracy and
proposal to commit treason?
ARTICLE 114 A. No. because it is a separate crime
TREASON
Note: Any conspiracy to overthrow government in times of
Committed only in times of war peace rebellion
B. Adheres to the enemies, giving them aid or comfort ARTICLE 116

within the Philippines or elsewhere MISPRISION OF TREASON
Requirements of levying war Not yet committed

1. Actual assembling of men; Committed by a native or local
2. To execute a treasonable design by force; The person is aware of the conspiracy of treason
3. Intent is to deliver the country in whole or in part to the and does not disclose it to authorities
enemy; and Article 20 (Accessories who are exempt from
4. Collaboration with foreign enemy or some foreign criminal liability) does not apply
sovereign
Elements
Two ways of proving treason 1. Offender owes allegiance to the government, and not a
1. Testimony of at least two witnesses to the same overt foreigner;
act; or 2. He has knowledge of conspiracy to commit treason
Note: The 2-witness rule is restrictive. They must testify against the government;
to the same overt acts of treason committed in the same 3. He conceals or does not disclose and make known the
place, time and occasion. same as soon as possible to the governor or fiscal of the
2. Confession of the accused in open court. province in which he resides, or the mayor or fiscal of
the city in which he resides.
ARTICLE 115
CONSPIRACY AND PROPOSAL TO COMMIT TREASON Q. What if treason is actually committed. You learned the
commission but you did not report. Are you liable?
Elements of Conspiracy to Commit Treason A. No. Liable as accessory only.
1. There is a war in which the Philippines is involved;
2. At least two persons come to an agreement to ARTICLE 117
a. levy war against the government; or ESPIONAGE
b. adhere to the enemies, giving them aid or comfort;
3. They decide to commit it. Acts punished
1. By entering, without authority therefore, a
Elements of Proposal to Commit Treason warship, fort or naval or military establishment
1. There is a war in which the Philippines is involved; or reservation to obtain any information, plans,
2. At least one person decides to photograph or other data of a confidential
A. LEVY WAR AGAINST THE GOVERNMENT; OR nature relative to the defense of the
B. adhere to the enemies, giving them aid or comfort; Philippines;
3. He proposes its execution to some other persons. Elements
Page25
a. Offender enters any of the places mentioned;

Kinds of Conspiracy b. He has no authority therefore;
1. Conspiracy as a Crime expressly made a crime under RPC.

c. His purpose is to obtain information, plans, b. seize in the vessel while on the high seas or in
photographs or other data of a confidential nature Philippine waters the whole or part of its cargo, its
relative to the defense of the Philippines. equipment or personal belongings of its complement
or passengers;
2. By disclosing to the representative of a foreign 4. There is intent to gain.
nation the contents of the articles, data or information
referred to in paragraph 1 of Article 117, which he had Originally, the crimes of piracy and mutiny can only be
in his possession by reason of the public office he holds. committed in the high seas, that is, outside Philippine
Elements territorial waters. But in August 1974, Presidential Decree
a. Offender is a public officer; No. 532 (The Anti-Piracy and Anti-Highway Robbery Law of
b. He has in his possession the articles, data or 1974) was issued, punishing piracy, but not mutiny, in
information referred to in paragraph 1 of Article Philippine territorial waters. Thus came about two kinds of
117, by reason of the public office he holds; piracy: (1) that which is punished under the Revised Penal
c. He discloses their contents to a representative of a Code if committed in the high seas; and (2) that which is
foreign nation. punished under Presidential Decree No. 532 if committed in
Philippine territorial waters.
This crime is committed in times of war and peace Amending Article 122, Republic Act No. 7659 included therein
piracy in Philippine waters, thus, pro tanto superseding
Q. The offender goes to Camp Crame and gets confidential Presidential Decree No. 532. As amended, the article now
information relative to national security. Is he liable? punishes piracy, as well as mutiny, whether committed in the
A. No. Crame or PNP is not a military establishment or high seas or in Philippine territorial waters, and the penalty
institution. has been increased to reclusion perpetua from reclusion
temporal.
*ARTICLE 118 But while under Presidential Decree No. 532, piracy in
INCITING TO WAR OR GIVINING MOTIVES FOR REPRISALS Philippine waters could be committed by any person,
including a passenger or member of the complement of a
*ARTICLE 119 vessel, under the amended article, piracy can only be
VIOLATION OF NEUTRALITY committed by a person who is not a passenger nor member of
the complement of the vessel irrespective of venue. So if a
*ARTICLE 120 passenger or complement of the vessel commits acts of
CORRESPONDENCE WITH HOSTILE COUNTRY robbery in the high seas, the crime is robbery, not piracy.
Note, however, that in Section 4 of Presidential Decree No.
ARTICLE 121 532, the act of aiding pirates or abetting piracy is penalized
FLIGHT TO ENEMYS COUNTRY as a crime distinct from piracy. Said section penalizes any
person who knowingly and in any manner aids or protects
Elements pirates, such as giving them information about the movement
1. There is a war in which the Philippines is involved; of the police or other peace officers of the government, or
2. Offender must be owing allegiance to the government; acquires or receives property taken by such pirates, or in any
3. Offender attempts to flee or go to enemy country; manner derives any benefit therefrom; or who directly or
4. Going to the enemy country is prohibited indirectly abets the commission of piracy. Also, it is
by competent authority. expressly provided in the same section that the offender shall
be considered as an accomplice of the principal offenders
ARTICLE 122 & 123 and punished in accordance with the Revised Penal Code.
Amended by R.A. 7659 or Heinous Crime Law This provision of Presidential Decree No. 532 with respect to
piracy in Philippine water has not been incorporated in the
ARTICLE 122 Revised Penal Code. Neither may it be considered repealed
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN by Republic Act No. 7659 since there is nothing in the
PHILIPPINE WATERS amendatory law is inconsistent with said section. Apparently,
there is still the crime of abetting piracy in Philippine waters
Acts Punished as Piracy under Presidential Decree No. 532.
1. Attacking or seizing a vessel on the high seas or in Considering that the essence of piracy is one of robbery, any
Philippine waters; taking in a vessel with force upon things or with violence or
2. Seizing in the vessel while on the high seas intimidation against person is employed will always be piracy.
or in Philippine waters the whole or part of its It cannot co-exist with the crime of robbery. Robbery,
cargo, its equipment or personal belongings of therefore, cannot be committed on board a vessel. But if the
its complement or passengers. taking is without violence or intimidation on persons of force
upon things, the crime of piracy cannot be committed, but
Elements of Piracy only theft.
1. The vessel is on the high seas or Philippine waters;
2. Offenders are neither members of its complement nor PIRACY is a crime against humanity (hostes humanes generis)
passengers of the vessel;
Page26
3. Offenders either Notes:

a. attack or seize a vessel on the high seas or in PD 532 offenders are passengers and committed in
Philippine waters; or territorial waters.

Vessel includes bancas, rafts, or any water raft used in
transporting people who commute from one place to another. ARTICLE 124
ARBITRARY DETENTION
Mutiny vs. Piracy
1. Piracy is the unlawful taking of personal property Elements
(basically its robbery) with intent to gain while mutiny is the 1. Offender is a public officer or employee;
raising of commotion to defy authorities. 2. He detains a person;
2. As to offenders 3. The detention is without legal grounds.
Mutiny is committed by members of the complement or the
passengers of the vessel. Meaning of absence of legal grounds
Piracy is committed by persons who are not members of the 1. No crime was committed by the detained;
complement or the passengers of the vessel. (Comes from 2. There is no violent insanity of the detained person; and
outside the vessel) 3. The person detained has no ailment which requires
Note: What is important is that the principal offender is compulsory confinement in a hospital.
neither a passenger nor a member. Strength of the offender
is immaterial. Notes:
3. As to criminal intent The offender is a public officer or employee who has the
In mutiny, there is no criminal intent. authority to detain a person
In piracy, the criminal intent is for gain. Detention is unlawful from the beginning
Consider the period of detention for purposes of imposing
ARTICLE 123 the penalty
QUALIFIED PIRACY If detention is with legal ground, do not consider the
period of detention (legal grounds commission of a
Elements crime, insanity)
1. The vessel is on the high seas or Philippine waters;
2. Offenders may or may not be members of its ARTICLE 125
complement, or passengers of the vessel; DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE
3. Offenders either PROPER JUDICIAL AUTHORITIES
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its Elements
equipment., or personal belongings of the crew or 1. Offender is a public officer or employee;
passengers; 2. He detains a person for some legal ground;
The preceding were committed under any of 3. He fails to deliver such person to the proper judicial
the following circumstances: authorities within
a. whenever they have seized a vessel by boarding or a. 12 hours for light penalties;
firing upon the same; b. 18 hours for correctional penalties; and
b. whenever the pirates have abandoned their victims c. 36 hours for afflictive or capital penalties
without means of saving themselves; or
c. whenever the crime is accompanied by murder, Notes:
homicide, physical injuries or rape The detention is legal in the beginning but it
becomes illegal after the lapse of a certain period
Q. Why is it qualified? of time
A. Because it has circumstances. Applies only in cases of warrantless arrest (but take
note of the exceptions ROC arrest is legal even if
Note: Irrespective of the number of persons murdered, without warrant of arrest)
injured or raped in the course of piracy.
There is only one composite crime of piracy. Sec. 5, Rule 113, Rules of Court:
A peace officer or a private person may without a warrant,
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE arrest a person:
a.) When in his presence, the person to be arrested has
Crimes against the fundamental laws of the State committed, is actually committing or is attempting to
1. Arbitrary detention (Art. 124); commit an offense
2. Delay in the delivery of detained persons to b.) When an offense has just been committed and he has
the proper judicial authorities (Art. 125); probable cause to believe based on personal knowledge of
3. Delaying release (Art. 126); facts or circumstances that the person to be arrested has
4. Expulsion (Art. 127); committed it.
5. Violation of domicile (Art. 128); c.) When the person to be arrested is a prisoner who has
6. Search warrants maliciously obtained and escaped from a penal establishment or place where he is
abuse in the service of those legally serving final judgment or is temporarily confined while his
obtained (Art. 129); case is pending or has escaped while being transferred
7. Searching domicile without witnesses (Art. 130); from one confinement to another
Page27
8. Prohibition, interruption, and dissolution of d.) Sec. 13, Rule 113 If a person lawfully arrested
peaceful meetings (Art. 131); escapes or is rescued, any person may immediately pursue
9. Interruption of religious worship (Art. 132); 10. Offending or retake him without a warrant at any time and in any
the religious feelings (Art. 133); place within the Philippines.

If with search warrant but it was used with excessive
There is a legal ground for detention authority or caused unnecessary damage or destruction,
Arrest is legal if it is effected with warrant of arrest officers will be liable for violation of domicile
The person lawfully arrested must be brought to the
fiscal for purposes of inquest ARTICLE 129
The fiscal is not a judicial officer so he cannot issue SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN
a warrant of arrest or confinement THE SERVICE OF THOSE LEGALLY OBTAINED
Q. Arresting officer Charles lawfully arrested Ayce without Acts punished

a warrant. She was brought to Fiscal Saskia xxx What if 1. Procuring a search warrant without just cause;
Fiscal Saskia did not act on the case, can the arresting Elements
officer be held liable for Art. 125? a. Offender is a public officer or employee;
A. Yes. Because the fiscal is not a judicial authority. b. He procures a search warrant;
c. There is no just cause.
Note: If fiscal did not act on the case, sue the him 2. Exceeding his authority or by using unnecessary severity
administratively in executing a search warrant legally procured.
Elements
*ARTICLE 126 a. Offender is a public officer or employee;
DELAYING RELEASE b. He has legally procured a search warrant;
c. He exceeds his authority or uses unnecessary
ARTICLE 127 severity in executing the same.
EXPULSION
Notes:
Elements Still liable in addition to whatever liability attaching to the
1. Offender is a public officer or employee; offender for the commission of any other offense
2. He either Application of search warrant is made under oath in the
a. expels any person from the Philippines; or court
b. compels a person to change residence;
3. Offender is not authorized to do so by law. Q. What if the public officer obtained a search warrant but
made a false statement under oath, what are his liabilities?
Note: Only the President can order expulsion A. Art. 129 + perjury (maliciously obtained)
ARTICLE 128 *ARTICLE 130

VIOLATION OF DOMICILE SEARCHING DOMICILE WITHOUT WITNESS
Elements *ARTICLES 131

1. Offender is a public officer or employee; PROHIBITION, INTERRUPTION AND DISSOLUTION OF
2. He is not authorized by judicial order to enter the PEACEFUL MEETINGS
dwelling or to make a search therein for papers or other
effects. *ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Acts punished
1. Entering any dwelling against the will of the owner *ARTICLE 133
thereof; OFFENDING THE RELIGIOUS FEELINGS
2. Searching papers or other effects found therein without
the previous consent of such owner; or CRIMES AGAINST
3. Refusing to leave the premises, after having PUBLIC ORDER
surreptitiously entered said dwelling and after having
been required to leave the same Crimes against public order
1. Rebellion or insurrection (Art. 134);
Q. When it is unlawful? 2. Conspiracy and proposal to commit rebellion (Art. 136);
A. Without will or consent of the occupant, surreptitiously, 3. Disloyalty to public officers or employees (Art. 137);
with express or implied prohibition 4. Inciting to rebellion (Art. 138);
5. Sedition (Art. 139);
Art. 128 vs. Art. 280 6. Conspiracy to commit sedition (Art. 141);
Art. 128 Art. 280 7. Inciting to sedition (Art. 142);
Offender is a public officer Offender is a private 8. Acts tending to prevent the meeting of Congress and
or employee individual similar bodies (Art. 143);
9. Disturbance of proceedings of Congress or similar bodies
(Art. 144);
Notes: 10. Violation of parliamentary immunity (Art. 145);
Page28
Warrant of arrest makes the arrest of a person lawful 11. Illegal assemblies (Art. 146);
Search warrant makes the entry lawful 12. Illegal associations (Art. 147);
13. Direct assaults (Art. 148);
14. Indirect assaults (Art. 149);

15. Disobedience to summons issued by Congress, its military camp or installation, communication networks,
committees, etc., by the constitutional commissions, its public utilities or other facilities needed for the exercise
committees, etc. (Art. 150); and continued possession of power;
16. Resistance and disobedience to a person in authority or 4. The purpose of the attack is to seize or diminish state
the agents of such person (Art. 151); power.
17. Tumults and other disturbances of public order (Art.
153); Rebellion vs. Coup d etat
18. Unlawful use of means of publication and unlawful Rebellion Coup d etat
utterances (Art. 154); 1. Purpose is to overthrow 1. Purpose is not to
19. Alarms and scandals (Art. 155); the duly constituted overthrow but to diminish
20. Delivering prisoners from jails (Art. 156); government state powers
21. Evasion of service of sentence (Art. 157); 2. Always with public 2. By violence, intimidation
22. Evasion on occasion of disorders (Art. 158); uprising or threat
23. Violation of conditional pardon (Art. 159); 3. Persons involved are 3. Persons involved are
24. Commission of another crime during service of penalty civilians backed up by military backed up by
imposed for another previous offense (Art. 160). military civilians
ARTICLE 134
REBELLION OR INSURRECTION ARTICLE 136
CONSPIRACY AND PROPOSAL TO COMMIT COUP D ETAT,
Purpose: to overthrow the duly constituted government REBELLION OR INSURRECTION
Elements
1. There is a public uprising and taking arms against the Conspiracy and proposal to commit rebellion are two
government; different crimes, namely:
2. The purpose of the uprising or movement is 1. Conspiracy to commit rebellion; and
a. to remove from the allegiance to the government or 2. Proposal to commit rebellion.
its laws Philippine territory or any part thereof, or
any body of land, naval, or other armed forces; or Conspiracy to commit rebellion - when two or more persons
b. to deprive the Chief Executive or Congress, wholly come to an agreement to rise publicly and take arms against
or partially, of any of their powers or prerogatives. government for any of the purposes of rebellion and decide
to commit it.
Notes:
Always with public uprising *ARTICLE 137
If committed for private purpose without any DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
political reason separate
The purpose is to overthrow the government ARTICLE 138
Civilians backed-up by military INCITING TO REBELLION OR INSURRECTION
Common crimes committed in pursuance of
rebellion are absorbed in rebellion (absorption Elements
theory). It is absorbed because it is part of the 1. Offender does not take arms or is not in open hostility
commission of rebellion against the government;
2. He incites others to the execution of any of the acts of
Common Crimes with Rebellion: rebellion;
1. Murder 3. The inciting is done by means of speeches,
2. Homicide proclamations, writings, emblems, banners or other
3. Physical Injuries representations tending to the same end.
4. Theft
illegal possession of firearms if done or used in the Inciting urging the people to rise-up
commission of murder or homicide, shall be considered as
aggravating (it is not treated separately) but if used in ARTICLE 139
committing another crime other than murder or homicide, SEDITION
absorbed in rebellion Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
Simple illegal possession penalty depending on the Elements
caliber 1. Offenders rise publicly and tumultuously;
2. Offenders employ force, intimidation, or other means
ARTICLE 134-A outside of legal methods;
COUP D ETAT 3. Purpose is to attain any of the following objects:
a. To prevent the promulgation or execution of any
Elements law or the holding of any popular election;
1. Offender is a person or persons belonging to the military b. To prevent the national government or any
or police or holding any public office or employment; provincial or municipal government, or any public
Page29
2. It is committed by means of a swift attack accompanied officer from exercising its or his functions or
by violence, intimidation, threat, strategy or stealth; prevent the execution of an administrative order;
3. The attack is directed against the duly constituted
authorities of the Republic of the Philippines, or any

c. To inflict any act of hate or revenge upon the
person or property of any public officer or Rules relative to seditious words:
employee; 1. Clear and Present Danger Rule the words must be of
d. To commit, for any political or social end, any act such nature that by uttering them there is a danger of a
of hate or revenge against private persons or any public uprising and that such danger should be both clear and
social classes; imminent. There must be reasonable ground to believe that
e. To despoil for any political or social end, any the danger apprehended is imminent and that the evil to be
person, municipality or province, or the national prevented is a serious one. There must be probability of
government of all its property or any part thereof. serious injury to the State. Present refers to time element.
The danger must not only be probable but very likely
Notes: inevitable.
Memorize the objects of sedition 2. Dangerous Tendency Rule if the words used tend to
Sedition creating commotion, no purpose of create a danger of public uprising then those words could
overthrowing, to express dissent properly be the subject of a penal clause. There is inciting to
Maybe for political reasons sedition when the words uttered or published could easily
Public uprising + objects of sedition = sedition produce disaffection among the people and a state of feeling
Common crimes committed are not absorbed (no in them incompatible with a disposition to remain loyal to the
absorption theory) so they are penalized separately Government and obedient to the laws.
Rebellion vs. Sedition Note:

Rebellion Sedition R.A. 1700 did not repeal all other laws relating to subversion
To overthrow the Public uprising but not to
government / there must be overthrow / sufficient that *ARTICLE 143
taking up or arms against the public uprising be ACTS TENDING TO PREVENT THE MEETING OF THE
the government tumultuous. CONGRESS OF THE PHILIPPINES AND SIMILAR BODIES
The purpose is always Purpose may be political or *ARTICLE 144

political. social DISTURBANCE OF PROCEEDINGS
*ARTICLE 145
Persons liable for sedition under Article 140 VIOLATION OF PARLIAMENTARY IMMUNITY
1. The leader of the sedition; and
2. Other person participating in the sedition. ARTICLE 146
ILLEGAL ASSEMBLIES
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION Acts punished
1. Any meeting attended by armed persons for the purpose
There must be an agreement and a decision to rise publicly of committing any of the crimes punishable under the
and tumultuously to attain any of the objects of sedition. Code;
Elements
There is no proposal to commit sedition. a. There is a meeting, a gathering or group of persons,
whether in fixed place or moving;
ARTICLE 142 b. The meeting is attended by armed persons;
INCITING TO SEDITION c. The purpose of the meeting is to commit any of the
crimes punishable under the Code.
Acts punished 2. Any meeting in which the audience, whether armed or
1. Inciting others to the accomplishment of any of the acts not, is incited to the commission of the crime of treason,
which constitute sedition by means of speeches, rebellion or insurrection, sedition, or assault upon
proclamations, writings, emblems, etc.; person in authority or his agents.
2. Uttering seditious words or speeches which tend to Elements
disturb the public peace; a. There is a meeting, a gathering or group of persons,
3. Writing, publishing, or circulating scurrilous libels whether in a fixed place or moving;
against the government or any of the duly constituted b. The audience, whether armed or not, is incited to
authorities thereof, which tend to disturb the public the commission of the crime of treason, rebellion or
peace. insurrection, sedition or direct assault.
Elements Notes:
1. Offender does not take direct part in the crime of There must be an assembly actual assemblage of persons
sedition; whether armed or unarmed
2. He incites others to the accomplishment of any of the Offender should have attended the assembly
acts which constitute sedition;
Page30
3. Inciting is done by means of speeches, proclamations, ARTICLE 147

writings, emblems, cartoons, banners, or other ILLEGAL ASSOCIATIONS
representations tending towards the same end. Illegal associations

1. Associations totally or partially organized for the purpose If not past performance physical injuries not assault
of committing any of the crimes punishable under the Example
Code; Judge Faye was attacked by an ex-convict (judge was the one
2. Associations totally or partially organized for who sentenced the convict)
some purpose contrary to public morals
ARTICLE 149
Persons liable INDIRECT ASSAULT
1. Founders, directors and president of the association;
2. Mere members of the association. Elements
1. A person in authority or his agent is the victim of any of
Note: It is the purpose that makes it illegal the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his agent;
ARTICLE 148 3. Offender makes use of force or intimidation upon such
DIRECT ASSAULT person coming to the aid of the authority or his agent.
Acts punished Notes:

1. Without public uprising, by employing force or Can only be committed when there is direct assault
intimidation for the attainment of any of the purposes There are 3 persons involved
enumerated in defining the crimes of rebellion and Agents of persons in authority when the agent is
sedition; performing his own official duty and not acting as a third
Elements person
a. Offender employs force or intimidation;
b. The aim of the offender is to attain any of the Example
purposes of the crime of rebellion or any of the A teacher (person in authority) was attacked and somebody
objects of the crime of sedition; helped the teacher and was also attacked. No indirect
c. There is no public uprising. assault. Note that teachers and professors will apply only to
2. Without public uprising, by attacking, by employing Articles 148 and 151 only.
force or by seriously intimidating or by seriously resisting
any person in authority or any of his agents, while *ARTICLE 150
engaged in the performance of official duties, or on DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS
occasion of such performance. COMMITTEES OR SUBCOMMITTEES, BY THE
Elements CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
a. Offender makes an attack, employs force, makes a SUBCOMMITTEES OR DIVISIONS
serious intimidation, or makes a serious resistance;
b. The person assaulted is a person in authority or his *ARTICLE 151
agent; RESISTANCE AND DISOBEDIENCE TO A PERSON IN
c. At the time of the assault, the person in authority AUTHORITY OR THE AGENTS OF SUCH PERSON
or his agent is engaged in the actual performance of
official duties, or that he is assaulted by reason of Who are deemed persons in authority and agents of
the past performance of official duties; persons in authority under Article 152
d. Offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of Person in authority - one directly vested with jurisdiction,
his duties. that is, the power and authority to govern and execute the
e. There is no public uprising. laws.
Forms of Direct Assault: An agent of a person in authority is one charged with:

1. Shall employ force or intimidation xxx (1) the maintenance of public order and
(2) the protection and security of life and property.
Rebellion vs. Direct Assault Examples of persons in authority
Rebellion Direct Assault Municipal mayor;
With public uprising Without public uprising (1st Division superintendent of schools;
form of direct assault) Public and private school teachers;
Teacher-nurse;
2. Shall attack, employs force, makes a serious intimidation President of sanitary division;
xxx Provincial fiscal;
Persons in authority see Art. 152 Justice of the Peace;
Agent must also be performing an official duty Municipal councilor;
Engaged in the performance motive is immaterial so Barrio captain and barangay chairman.
whatever is the reason of the attack or even if it is a
private matter and nothing to do with the functions of the Note:
person The third paragraph is not applicable to indirect assault
Page31
On the occasion of such performance or past performance because it is only for the purpose of Articles 148 and 151.
(must prove that the motive to assault was because of past Hence, when a person comes to the aid of a teacher there is
performance) no indirect assault.
*ARTICLE 153

TUMULTS AND OTHER DISTURBCANCES OF PUBLIC ORDER Preventive imprisonment non-bailable offense or with bail
but the person has no money to bail.
*ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION AND Art. 156 vs. Art. 157
UNLAWFUL UTTERANCES Art. 156 Art. 157
Without final judgment With final judgment. Does
ARTICLE 155 not cover detention period.
ALARMS AND SCANDALS
Acts Punished ARTICLE 157

1. Discharging any firearm, rocket, firecracker, or other EVASION OF SERVICE OF SENTENCE
explosive within any town or public place, calculated to Elements
cause (which produces) alarm of danger; 1. Offender is a convict by final judgment;
2. Instigating or taking an active part in any charivari or 2. He is serving sentence which consists in the deprivation
other disorderly meeting offensive to another or of liberty;
prejudicial to public tranquility; 3. He evades service of his sentence by escaping during the
3. Disturbing the public peace while wandering about at term of his imprisonment.
night or while engaged in any other nocturnal
amusements; Notes:
4. Causing any disturbance or scandal in public places while There must be final judgment.
intoxicated or otherwise, provided Article 153 in not Does not apply to detention prisoners.
applicable.
*ARTICLE 158
When a person discharges a firearm in public, the act may EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
constitute any of the possible crimes under the Revised DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHR
Penal Code: CALAMITIES
(1) Alarms and scandals if the firearm when discharged
was not directed to any particular person; ARTICLE 159
(2) Illegal discharge of firearm under Article 254 if the OTHER CASES OF EVASION OF SERVICE OF SENTENCE
firearm is directed or pointed to a particular person
when discharged but intent to kill is absent; Elements of violation of conditional pardon
(3) Attempted homicide, murder, or parricide if the 1. Offender was a convict;
firearm when discharged is directed against a 2. He was granted pardon by the Chief Executive;
person and intent to kill is present. 3. He violated any of the conditions of such pardon.
Notes: Notes:
Crime against public order, hence, offender cannot avail Violation of conditional pardon
of probation There must be conviction of a new crime before it can be
Not aimed at anybody and discharged applicable
If aimed and not discharged grave threats
If aimed (must be particular) at someone and discharged ARTICLE 160
but no intent to kill Art. 254 (Discharge of firearm) COMMISSION OF ANOTHER CRIME DURING SERVICE OF
If directed at someone with intent to kill and it was PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
discharged attempted homicide or murder
Elements
Art. 155 vs. Art. 254 (Discharge of firearm) 1. Offender was already convicted by final judgment of one
offense;
Art. 155 Art. 254 2. He committed a new felony before beginning to serve
Purpose is to scare Purpose is to shoot another. such sentence or while serving the same.
It is aimed & discharged but
with no intent to kill. Notes:
Quasi-recidivism
Person after having been convicted by final
ARTICLE 156 judgment shall commit a new felony before
DELIVERING PRISONERS FROM JAIL beginning to serve such sentence or while serving
the same
Elements The penalty for the new crime in its maximum,
1. There is a person confined in a jail or penal mitigating circumstance will not be considered
establishment; Second crime must be a felony
2. Offender removes therefrom such person, or helps the
escape of such person. CRIMES AGAINST PUBLIC INTEREST
Page32
Note: Crimes against public interest

1. Counterfeiting the great seal of the Government of the *Article 165
Philippines (Art. 161); Selling of False or Mutilated Coin, without Connivance
2. Using forged signature or counterfeiting seal or stamp
(Art. 162); *Article 166
3. Making and importing and uttering false coins (Art. 163); Forging Treasury or Bank Notes or Other Documents
4. Mutilation of coins, importation and uttering of Payable to Bearer; Importing and Uttering Such False or
mutilated coins (Art. 164); Forged Notes and Documents
5. Selling of false or mutilated coins, without connivance
(Art. 165); Utterance you deliver or issue
6. Forging treasury or bank notes or other documents
payable to bearer, importing and uttering of such false *Article 167
or forged notes and documents (Art. 166); Counterfeiting, Importing, and Uttering Instruments Not
7. Counterfeiting, importing and uttering instruments not Payable to Bearer
payable to bearer (Art. 167);
8. Illegal possession and use of forged treasury or bank notes ARTICLE 168
and other instruments of credit (Art. 168) ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
9. Falsification of legislative documents (Art. 170); BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
10. Falsification by public officer, employee or notary (Art.
171); Elements
11. Falsification by private individuals and use of falsified 1. Any treasury or bank note or certificate or other
documents (Art. 172); obligation and security payable to bearer, or any
12. Falsification of wireless, cable, telegraph and telephone instrument payable to order or other document of credit
messages and use of said falsified messages (Art. 173); not payable to bearer is forged or falsified by another
13. False medical certificates, false certificates of merit or person;
service (Art. 174); 2. Offender knows that any of those instruments is forged
14. Using false certificates (Art. 175); or falsified;
3. He either
15. Manufacturing and possession of instruments or a. uses any of such forged or falsified instruments; or
implements for falsification (Art. 176); b. possesses with intent to use any of such forged or
16. Usurpation of authority or official functions (Art. 177); falsified instruments
17. Using fictitious name and concealing true name (Art.
178); Note:
18. Illegal use of uniforms or insignia (Art. 179); It is not enough that you caught him in possession xxx make
19. False testimony against a defendant (Art. 180); sure that it is falsified
20. False testimony favorable to the defendant (Art. 181);
21. False testimony in civil cases (Art. 182); How forgery is committed under Article 169
22. False testimony in other cases and perjury (Art. 183); 1. By giving to a treasury or bank note or any
23. Offering false testimony in evidence (Art. 184); instrument payable to bearer or to order mentioned
24. Machinations in public auction (Art. 185); therein, the appearance of a true and genuine
25. Monopolies and combinations in restraint of trade (Art. document;
186); 2. By erasing, substituting, counterfeiting, or altering
26. Importation and disposition of falsely marked articles or by any means the figures, letters, words, or sign
merchandise made of gold, silver, or other precious contained therein.
metals or their alloys (Art. 187);
27. Substituting and altering trademarks and trade names or
service marks (Art. 188); *Article 170
28. Unfair competition and fraudulent registration of Falsification of Legislative Documents
trademark or trade name, or service mark; fraudulent
designation of origin, and false description (Art. 189). ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY
*Article 161 OR ECCLESIASTICAL MINISTER
Counterfeiting the Great Seal of the Government of the
Philippine Islands, Forging the Signature or Stamp of the Elements
Chief Executive 1. Offender is a public officer, employee, or notary public;
2. He takes advantage of his official position;
*Article 162 3. He falsifies a document by committing any of the
Using Forged Signature or Counterfeit Seal or Stamp following acts:
a. Counterfeiting or imitating any handwriting,
*Article 163 signature or rubric;
Making and Importing and Uttering False Coins b. Causing it to appear that persons have participated
in any act or proceeding when they did not in fact
Page33
*Article 164 so participate;

Mutilation of Coins c. Attributing to persons who have participated in an
Reducing the quality of coins. Reduction of content. act or proceeding statements other than those in
fact made by them;

d. Making untruthful statements in a narration of facts; 2. Falsification was committed in any private document;
e. Altering true dates; 3. Falsification causes damage to a third party or at least
f. Making any alteration or intercalation in a genuine the falsification was committed with intent to cause
document which changes its meaning; such damage.
g. Issuing in an authenticated form a document
purporting to be a copy of an original document Note:
when no such original exists, or including in such a Intent to cause damage is not an element for a public
copy a statement contrary to, or different from, document
that of the genuine original; or
h. Intercalating any instrument or note relative to the Elements under the last paragraph
issuance thereof in a protocol, registry, or official In introducing in a judicial proceeding
book. 1. Offender knew that the document was falsified by
4. In case the offender is an ecclesiastical minister who another person;
shall commit any of the offenses enumerated, with 2. The false document is in Articles 171 or 172 (1 or 2);
respect to any record or document of such character 3. He introduced said document in evidence in any judicial
that its falsification may affect the civil status of proceeding.
persons.
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Notes:
Example - No. 3 (b) For possession, use or introduction
Deed of Sale executed by A and B in favor of C. A and B did Establish first that the document is falsified
not really sell the property. Perjury also contains false statements. Perjury should
relate to the subject matter of the litigation while
Example No. 3 (g) falsification is making a false statement whether or
Attesting or certifying to the fact that the document is not it is material to the investigation.
genuine. Making a false statement of a document. If notarized and made under oath public document
Example No. 3 (h) Regular Complex Crimes:

Omitting words or inserting words. Volume 3 making it 1. Compound crime
volume 5. 2. Complex crime proper - one crime is a necessary
means to commit the other crime.
Art. 171 vs. Art. 172 Example
Art. 171 Art. 172 Estafa thru falsification of public document. You first
Both refer to falsification commit falsification then estafa (2 crimes). Please correct
Offender is a public officer, Offender is a private page 29 under complex crime proper. This should be the
employee, notary public, individual example.
ecclesiastical minister
It covers public documents It covers public or private Q. Why is there no complex crime of estafa thru
documents falsification of private documents?
A. Because falsification under Art. 172 and estafa have the
ARTICLE 172 same element which is intent to cause damage. A single
FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF element cannot be used for 2 crimes. Note that intent to
FALSIFIED DOCUMENTS cause damage is not an element of a public document.
Acts punished *Article 173

1. Falsification of public, official or commercial document Falsification of Wireless, Cable, Telegraph and Telephone
by a private individual; Messages, and Use of Said Falsified Messages
2. Falsification of private document by any person;
3. Use of falsified document. *Article 174
False Medical Certificates, False Certificates of Merits or
Elements under paragraph 1 Service, Etc.
1. Offender is a private individual or public officer or
employee who did not take advantage of his official *Article 175
position; Using False Certificates
2. He committed any act of falsification;
3. The falsification was committed in a public, official, or *Article 176
commercial document or letter of exchange. Manufacturing and Possession of Instruments or
Implements for Falsification
Elements under paragraph 2
1. Offender committed any of the acts of falsification ARTICLE 177
except Article 171(7), that is, issuing in an authenticated USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
form a document purporting to be a copy of an original
Page34
document when no such original exists, or including in Acts punished

such a copy a statement contrary to, or different from, 1. Usurpation of authority;
that of the genuine original; Elements
a. Offender knowingly and falsely represents himself;

b. As an officer, agent or representative of any 3. Testimony is false;
department or agency of the Philippine government 4. Offender knows that testimony is false;
or of any foreign government. 5. Testimony is malicious and given with an intent to affect
2. Usurpation of official functions. the issues presented in said case.
Elements
a. Offender performs any act; ARTICLE 183
b. Pertaining to any person in authority or public FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
officer of the Philippine government or any foreign SOLEMN AFFIRMATION
government, or any agency thereof;
c. Under pretense of official position; Acts punished
d. Without being lawfully entitled to do so. 1. By falsely testifying under oath;
2. By making a false affidavit.
2 Crimes:
1. Usurpation of authority any person who knowingly and Elements of perjury
falsely represent himself. What is penalized is your false 1. Offender makes a statement under oath or executes an
representation. Representation is verbal. affidavit upon a material matter;
Example 2. The statement or affidavit is made before a competent
Buksan nyo ito pulis ako! Then the police committed officer, authorized to receive and administer oaths;
robbery. (Verbal false representation) 3. Offender makes a willful and deliberate assertion of a
falsehood in the statement or affidavit;
2. Usurpation of official functions you perform an act in 4. The sworn statement or affidavit containing the falsity is
pretense of an official function. required by law, that is, it is made for a legal purpose.
Example
Akin na ang lisensya mo! Titiketan kita! (but you have no Two Crimes:
authority) 1. False testimony in other cases making untruthful
statements
*Article 178 2. Perjury in solemn affirmation false statement
Using Fictitious Name and Concealing True Name material to the subject matter. Not simply
Purpose: to conceal a crime / evade execution of judgment pertinent to the issue.
or cause damage Material matter subject of investigation or
resolution of an issue
*Article 179
Illegal Use of Uniforms or Insignia Notes:
Applies to other cases other than civil and criminal cases
ARTICLE 180 Competent person typing clerk not included
FALSE TESTIMONY AGAINST A DEFENDANT Perjury there is an execution of a sworn statement or
affidavit which is untruthful and material to the subject of
Elements the inquiry; deliberate assertion of falsehood contained in
1. There is a criminal proceeding; a sworn affidavit upon a material matter before a person
2. Offender testifies falsely under oath against the authorized to administer oath
defendant therein; Untruthful statements in documents falsification
3. Offender who gives false testimony knows that it is false.
4. Defendant against whom the false testimony is given is Q. What is the effect if you swore a document before a
either acquitted or convicted in a final judgment. typing clerk? Is it perjury?
A. No. Because a typing clerk is not authorized to administer
Three forms of false testimony oath
1. False testimony in criminal cases under Article 180
and 181; Subornation of perjury when you induced somebody to
2. False testimony in civil case under Article 182; execute an affidavit containing a false statement upon a
3. False testimony in other cases under Article 183. material matter (different from pertinent matter). This is not
a crime but the one who induced shall be liable for perjury as
ARTICLE 181 principal by inducement and the one induced for perjury as
FALSE TESTIMONY FAVORABLE TO THE DEFENDANT principal by direct participation. Note: liable only when
conspiracy is proven.
Elements
1. A person gives false testimony; Q. What if the person induced executed the affidavit? Is
2. In favor of the defendant; the person who induced the other liable for subornation?
3. In a criminal case. A. The person who induced the other is not liable. There is no
subornation of perjury. But he will be liable for perjury by
ARTICLE 182 inducement because there is conspiracy between them.
FALSE TESTIMONY IN CIVIL CASES
Page35
Q. What if the person induced refused to execute the

Elements document, will he be held liable?
1. Testimony given in a civil case; A. No.
2. Testimony relates to the issues presented in said case;

Art. 180 vs. Art. 181 vs. Art. 182 vs. Art. 183 Combination join forces to exclude others in restraint of
Art. 180 Art. 181 Art. 182 Art. 183 trade.
Criminal Criminal Ordinary Other cases other
cases Case civil cases than criminal case Example
and ordinary civil You try to control one business or industry. Note that the
cases Ex. special mere monopoly is not penalized but there should be
proceedings monopoly in restraint of trade.
hospitalization of
insane person *Article 187
Against In favor of Importation and disposition of falsely marked articles or
the the merchandise made of gold, silver, or other precious metals
defendant defendant or their alloys
*ArtIcle 184 *Article 188

Offering False Testimony in Evidence Substituting and altering trademarks, trade names or
service marks.
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS *Article 189
Unfair competition, fraudulent registration of trade name,
Purposes: trademark or service mark, fraudulent designation of
1. To cause the reduction of the price of the thing auctioned. origin and false description
2. To prevent bidders to take part in the auction.
Articles 188 and 189 are covered by the Intellectual Property
Acts punishable: Code.
1. By soliciting any gift or promise as a consideration for
refraining from taking part in any public auction Articles 190, 191, 192 and 193 were repealed by R.A.
2. By attempting to cause bidders to stay away from an 9165 known as the Comprehensive Dangerous Drugs Act of
auction by threats, gifts, promises or any other artifice. 2002
Elements of soliciting gift or promise: CRIMES AGAINST PUBLIC MORALS

1. That there be a public auction. 1. Gambling (Art. 195
2. That the accused solicited any gift or a promise from any 2. Importation, sale and possession of lottery tickets or
of the bidders advertisements (Art. 196)
3. That such gift or promise was the consideration for his 3. Betting in sport contests (Art. 197)
refraining from taking part in the public auction. 4. Illegal betting on horse races (Art. 198)
4. That the accused had the intent to cause the reduction of 5. Illegal cockfighting (Art. 199)
the price of the thing auctioned. 6. Grave scandal (Art. 200)
7. Immoral doctrines, obscene publications and exhibitions
Elements of attempting to cause bidders to stay away: (Art. 201)
1. That there be a public auction 8. Vagrancy and prostitution (Art. 202)
2. That the accused attempted to cause the bidders to stay
away from that public auction *Note: The provisions of Article 195-199 as well as those of
3. That it was done by threats, gifts, promises or any other PD 483 and 449, which are inconsistent with PD 1602 are
artifice repealed
4. That the accused had the intent to cause the reduction of
the price of the thing auctioned. ARTICLE 200
GRAVE SCANDAL
Example
There is a public auction and you threaten the other bidder Elements:
so he will not participate in the auction. 1. That the offender performs an act or acts
2. That such act or acts be highly scandalous as offending
against decency or good customs
ARTICLE 186 3. That the highly scandalous conduct is not expressly falling
MONOPOLIES AND COMBINATIONS IN RESTRAIN OF TRADE within any other article of this Code.
4. That the act or acts complained of be committed in a
Acts punished: public place or within the public knowledge or view.
1. Combination to prevent free competition in the market.
2. Monopoly to restrain free competition in the market. Grave Scandal consists of acts which are offensive to
3. Manufacturer, producer, or processor or importer decency and good customs which having been committed
combining, conspiring or agreeing with any person to make publicly, have given rise to public scandal to persons who
transactions prejudicial to lawful commerce or to increase have accidentally witnessed the same.
Page36
the market price of merchandise.

ARTICLE 201
Monopoly controlling one industry in restraint of trade. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS AND INDECENT SHOWS

30. Refusal of assistance (Art. 233);
This offense in any of the forms mentioned in the article is 31. Refusal to discharge elective office (Art. 234);
committed only when there is publicity. 32. Maltreatment of prisoners (Art. 235);
33. Anticipation of duties of a public office (Art. 236);
ARTICLE 202 34. Prolonging performance of duties and powers (Art. 237);
VAGRANTS AND PROSTITUTES 35. Abandonment of office or position (Art. 238);
36. Usurpation of legislative powers (Art. 239);
Vagrants must be either 37. Usurpation of executive functions (Art. 240);
1. An idle or dissolute person who lodges in houses of ill-fame 38. Usurpation of judicial functions (Art. 241);
2. Ruffian or pimp 39. Disobeying request for disqualification (Art. 242);
3. One who habitually associates with prostitutes 40. Orders or requests by executive officers to any judicial
authority (Art. 243);
Q. Who are prostitutes?
A. A woman is a prostitute when: 41. Unlawful appointments (Art. 244); and
1. She habitually indulges in 42. Abuses against chastity (Art. 245).
a.) sexual intercourse or
b.) lascivious conduct Requsites to be a public officer under Article 203
2. for money or for profit
1. Taking part in the performance of public functions in the
government;
CRIMES COMMITTED BY or
PUBLIC OFFICERS Performing in said government or in any of its branches
public duties as an employee, agent or subordinate
1. Knowingly rendering unjust judgment (Art. 204); official, or any rank or class;
2. Judgment rendered through negligence (Art. 205); 2. His authority to take part in the performance of public
3. Unjust interlocutory order (Art. 206); functions or to perform public duties must be
4. Malicious delay in the administration of justice (Art. a. By direct provision of the law;
207); b. By popular election; or
5. Prosecution of offenses; negligence and tolerance (Art. c. By appointment by competent authority.
208);
6. Betrayal of trust by an attorney or solicitor Revelation ARTICLE 204
of secrets (Art. 209); KNOWINGLY RENDERING UNJUST JUDGMENT
7. Direct bribery (Art. 210);
8. Indirect bribery (Art. 211); Elements
9. Qualified bribery (Art. 211-A); 1. Offender is a judge;
10. Corruption of public officials (Art. 212); 2. He renders a judgment in a case submitted to him for
11. Frauds against the public treasury and similar offenses decision;
(Art. 213); 3. Judgment is unjust;
12. Other frauds (Art. 214); 4. The judge knows that his judgment is unjust.
13. Prohibited transactions (Art. 215);
14. Possession of prohibited interest by a public officer (Art. Notes:
216); Articles 204 207 are committed by judges of trial courts
15. Malversation of public funds or property Presumption of and not judges of CA, SC and Sandiganbayan
malversation (Art. 217) to correct errors of judgment appeal
16. Failure of accountable officer to render accounts (Art. simple error in judgment is not penalized because there is
218); appeal
17. Failure of a responsible public officer to render accounts
before leaving the country (Art. 219); ARTICLE 205
18. Illegal use of public funds or property (Art. 220); JUDGMENT RENDERED THROUGH NEGLIGENCE
19. Failure to make delivery of public funds or property (Art.
221); Elements
20. Conniving with or consenting to evasion (Art. 223); 1. Offender is a judge;
21. Evasion through negligence (Art. 224); 2. He renders a judgment in a case submitted to him for
22. Escape of prisoner under the custody of a person not a decision;
public officer (Art. 225); 3. The judgment is manifestly unjust;
23. Removal, concealment or destruction of documents (Art. 4. It is due to his inexcusable negligence or ignorance.
226);
24. Officer breaking seal (Art. 227); ARTICLE 206
25. Opening of closed documents (Art. 228); UNJUST INTERLOCUTORY ORDER
26. Revelation of secrets by an officer (Art. 229); Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
27. Public officer revealing secrets of private individual (Art. Elements
Page37
230); 1. Offender is a judge;

28. Open disobedience (Art. 231); 2. He performs any of the following acts:
29. Disobedience to order of superior officer when said order a. Knowingly rendering an unjust interlocutory order or
was suspended by inferior officer (Art. 232); decree; or

b. Rendering a manifestly unjust interlocutory order or Forms of Direct Bribery
decree through inexcusable negligence or 1. In consideration of a price (agrees only or agrees to
ignorance. perform an act) accepting consideration and
actually performed the duty
Note: 2. Mere agreement without accepting the
Interlocutory order is made during the pendency of action consideration
(but it is not final) 3. Accepted the consideration and he refrains from
doing his official duty (because there is a
ARTICLE 207 consideration)
MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE
Note:
Elements No frustrated bribery. Only attempted and consummated.
1. Offender is a judge;
2. There is a proceeding in his court; ARTICLE 211
3. He delays in the administration of justice; INDIRECT BRIBERY
4. The delay is malicious, that is, with deliberate intent to
inflict damage on either party in the case. Elements
1. Offender is a public officer;
Note: 2. He accepts gifts;
Exceeding 90 days and it should be malicious (there should 3. The gifts are offered to him by reason of his office.
be malicious intent)
Notes:
*Article 208. Prosecution of Offenses; Negligence and He accepts the gift offered to him and he is not
Tolerance asked to refrain from doing his official duty
In anticipation of future favors
*Article 209. Betrayal of Trust by An Attorney or Solicitor The offender must perform an act to show that he is
Revelation of Secrets the owner of the gift
The public officer need not do anything but it
ARTICLE 210 simply given a gift and accepted it by reason of his
DIRECT BRIBERY office
Acts punished Mendoza Case

1. Agreeing to perform, or performing, in consideration of Facts: The teacher was arrested through entrapment (inaabot
any offer, promise, gift or present an act constituting a pa lang yung envelope tapos inaresto)
crime, in connection with the performance of his official Held: That is not indirect bribery because the teacher did not
duties; intend to own the money
2. Accepting a gift in consideration of the execution of an Pag inabot tapos nilagay sa bag then it is indirect bribery
act which does not constitute a crime, in connection
with the performance of his official duty; ARTICLE 211-A
3. Agreeing to refrain, or by refraining, from doing QUALIFIED BRIBERY
something which it is his official duty to do, in
consideration of gift or promise. Elements
1. Offender is a public officer entrusted with law
Elements enforcement;
1. Offender is a public officer within the scope of Article 2. He refrains from arresting or prosecuting an offender
203; who has committed a crime;
2. Offender accepts an offer or a promise or receives a gift 3. Offender has committed a crime punishable by reclusion
or present by himself or through another; perpetua and/or death;
3. Such offer or promise be accepted, or gift or present 4. Offender refrains from arresting or prosecuting in
received by the public officer consideration of any offer, promise, gift, or present.
a. With a view to committing some crime; or
b. In consideration of the execution of an act which Law Enforcement police officer or fiscal
does not constitute a crime, but the act must be
unjust; or Notes:
c. To refrain from doing something which it is his If he asks or demands for a gift, the penalty is death
official duty to do.
4. The act which offender agrees to perform or which he *Article 212
executes be connected with the performance of his Corruption of Public Officials
official duties.
*Article 213
Kinds of Bribery: Frauds Against the Public Treasury and Similar Offenses
Page38
1. Direct
2. Indirect *Article 214
3. Qualified Other Frauds

*Article 215 Malversation may be committed by a private person
Prohibited Transactions who was constituted a custodian of property placed
under cutodia legis which gives it the character if
*Article 216 public property accountability of the government.
Possession of Prohibited Interest By A Public Officer
*Article 218
ARTICLE 217 Failure of Accountable Officer to Render Accounts
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
PRESUMPTION OF MALVERSATION *Article 219
Failure of A Responsible Public Officer to Render Accounts
Acts punished before Leaving the Country
1. Appropriating public funds or property;
2. Taking or misappropriating the same; ARTICLE 220
3. Consenting, or through abandonment or negligence, ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
permitting any other person to take such public funds or
property; and Elements
4. Being otherwise guilty of the misappropriation or 1. Offender is a public officer;
malversation of such funds or property. 2. There are public funds or property under his
administration;
Elements common to all acts of malversation under Article 3. Such fund or property were appropriated by law or
217 ordinance;
1. Offender is a public officer; 4. He applies such public fund or property to any public use
2. He had the custody or control of funds or property by other than for which it was appropriated for.
reason of the duties of his office;
3. Those funds or property were public funds or property Concept: In malversation the public officer benefits by
for which he was accountable; misappropriating the public funds but in technical
4. He appropriated, took, misappropriated or consented or, malversation the public officer does not benefit. Any public
through abandonment or negligence, permitted another officer who shall apply any public funds or property under his
person to take them. administration to any public use other than that for which
such funds or property were appropriated by laws or
Malversation committed by public officer ordinances.
Public funds or properties entrusted to a public
Officer who is accountable for such public funds and he used Notes:
it for personal use This article is also known as technical malversation
No personal benefit on the part of the public officer
Notes: Damage is not an element
In estafa there is abuse of confidence and it is by If funds were not yet appropriated by law or ordinance -
means of deceit was applied to a public purpose by the custodian, the crime
Malversation in relation to estafa see Art. 315 is plain and simple malversation, not technical malversation.
paragraph 1 (something is given in trust to If the funds had been appropriated for a particular public
somebody) purpose, but the same was applied to private purpose, the
Abuse of trust and confidence are both present in crime committed is simple malversation only
malversation and estafa In technical malversation the fund or property is allotted
Arts. 217 and 315 no transfer of ownership (only by specific law
physical and juridical possession)
Circumstantial Evidence if he cannot return or the Example
fund entrusted upon demand, the presumption is A fund according to a law or ordinance was allotted to a D
that it was for personal purpose/s. The presumption project but the public officer used it for E project.
arises when there is no doubt at all that the fund or
property should be in the possession of the public Q. May technical malversation be committed by a private
officer and that said fund was not utilized by the individual?
government for any other purpose. When there is a A. Yes
need to audit, the presumption will arise once the
audit is complete. It must be thorough. ARTICLE 223
CONNIVING WITH OR CONSENTING TO EVASION
Malversation vs. Estafa
M public officer is accountable Elements
E offender is a private individual 1. Offender is a public officer;
2. He had in his custody or charge a prisoner, either
Q. Can a private individual commit malversation? Solely? detention prisoner or prisoner by final judgment;
A. Yes. But not solely 3. Such prisoner escaped from his custody;
Page39
If he acted in conspiracy with a public officer in 4. He was in connivance with the prisoner in the latters
the misappropriation of public funds (Art. 222) but escape.
private individual cannot be held liable alone
Benefited from the misappropriation Notes

Usually committed by the jail warden 1. Offender is a public officer or employee;
This is betrayal of obligation 2. He has under his charge a prisoner or detention prisoner;
3. He maltreats such prisoner in either of the following
ARTICLE 224 manners:
EVASION THROUGH NEGLIGENCE a. By overdoing himself in the correction or handling of
a prisoner or detention prisoner under his charge
Elements either
1. Offender is a public officer; (1) By the imposition of punishment not authorized
2. He is charged with the conveyance or custody of a by the regulations;
prisoner or prisoner by final judgment; (2) By inflicting such punishments (those
3. Such prisoner escapes through negligence. authorized) in a cruel and humiliating manner;
or
Notes b. By maltreating such prisoners to extort a confession
Usually committed by a jail warden or to obtain some information from the prisoner.
In this article the prisoner escapes but it is not
within the knowledge or consent of the public Notes:
officer This is in addition to his liability for the physical injuries or
Negligence must be proved. There must be damage caused. In addition means that he will be liable for
total lack of performance of his obligation another crime connected to Art. 235.
Example Example
Gerard (a prisoner) asked the permission of jail warden He burned the things of the prisoners Art. 235 + Arson
Kristoff that he will go to the comfort room. Jail What is penalized is the conduct of the public officer in
warden Kristoff accompanied Gerard and checked the handling the prisoners.
former checked the comfort room if there are possible
exit points and waited outside. After few minutes Example
Kristoff found out that Gerard escaped. Jail Warden Using violence to correct the behavior of the prisoner
Kristoff cannot be held liable under Article 224 because
there was no negligence on his part. Q. What if the prisoner is unruly, so the public officer shot
the prisoner because he cannot handle the prisoner. The
*Article 225 prisoner died. Is the public officer liable for Art. 235?
Escape of Prisoner under the Custody of a Person not a A. No. The public officer will be liable for murder or
Public Officer homicide because intent to kill is not an element of Art. 235
*Article 226 *Article 236

Removal, Concealment, or Destruction of Documents Anticipation of Duties of A Public Office

Officer Breaking Seal Prolonging Performance of Duties and Powers

Opening of Closed Documents Abandonment of Office or Position

Revelation of Secrets by An Officer Usurpation of Legislative Powers

Public Officer Revealing Secrets of Private individual Usurpation of Executive Functions
Open Disobedience Usurpation of Judicial Functions

Disobedience to Order of Superior Officer When Said Order Disobeying Request for Disqualification
Was Suspended by Inferior Officer
*Article 243
*Article 233 Orders or Request by Executive Officers to Any Judicial
Refusal of Assistance Authority

Refusal to Discharge Elective Office Unlawful Appointments
Page40
ARTICLE 235
MALTREATMENT OF PRISONERS
ARTICLE 245
Elements ABUSES AGAINST CHASTITY

19. Slight physical injuries and maltreatment (Art. 266); and
Acts punished 20. Rape (Art. 266-A).
1. Soliciting or making immoral or indecent advances to a
woman interested in matters pending before the ARTICLE 246
offending officer for decision, or with respect to which PARRICIDE
he is required to submit a report to or consult with a
superior officer; Elements
1. A person is killed;
2. Soliciting or making immoral or indecent advances to a 2. The deceased is killed by the accused;
woman under the offenders custody; 3. The deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other
3. Soliciting or making immoral or indecent advances to the ascendant or other descendant, or the legitimate
wife, daughter, sister or relative within the same degree spouse, of the accused.
by affinity of any person in the custody of the offending
warden or officer. Notes:
Father / mother / child legitimate or illegitimate
Elements: Ascendants / descendants / spouse - legitimate
1. Offender is a public officer; If the ascendants, descendants or spouse is
2. He solicits or makes immoral or indecent advances to a illegitimate homicide or murder
woman; Legitimacy of marriage is determined if it is under
3. Such woman is the Civil Law or Code of Muslim and Personal Laws
a. interested in matters pending before the offender for Muslims
for decision, or with respect to which he is required
to submit a report to or consult with a superior Q. How about a Muslim Muslims are allowed to have four
officer; or wives, if the Muslim kills his first wife?
b. under the custody of the offender who is a warden A. Parricide
or other public officer directly charged with the
care and custody of prisoners or persons under Q. What if the Muslim contracts marriages under the Code
arrest; or of Muslim and Personal Laws and kills his 2nd to 4th wife?
c. the wife, daughter, sister or relative within the A. 4 counts of parricide. (Please check because the Supreme
same degree by affinity of the person in the custody Court ruled that Muslim husbands with several wives can be
of the offender. convicted of parricide only in case the first wife is killed.
There is no parricide if the other wives are killed although
Notes: their marriage is recognized as valid. This is so because a
In relation to Sexual Harassment Act work area / Catholic man can commit the crime only once. If a Muslim
school. husband could commit this crime more than once, in effect,
Offender takes advantage of his position in order to he is being punished for the marriage which the law itself
solicit or make immoral or indecent advances authorized him to contract)
Mere solicitation consummates the act
ARTICLE 247
CRIMES AGAINST PERSONS DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
1. Parricide (Art. 246);
2. Murder (Art. 248); Elements
3. Homicide (Art. 249); 1. A legally married person, or a parent, surprises his
4. Death caused in a tumultuous affray (Art. 251); spouse or his daughter, the latter under 18 years of age
5. Physical injuries inflicted in a tumultuous affray (Art. and living with him, in the act of committing sexual
252); intercourse with another person;
6. Giving assistance to suicide (Art. 253); 2. He or she kills any or both of them, or inflicts upon any
7. Discharge of firearms (Art. 254); or both of them any serious physical injury in the act or
8. Infanticide (Art. 255); immediately thereafter;
9. Intentional abortion (Art. 256); 3. He has not promoted or facilitated the prostitution of his
wife or daughter, or that he or she has not consented to
10. Unintentional abortion (Art. 257); the infidelity of the other spouse.
11. Abortion practiced by the woman herself or by her
parents (Art. 258); Two stages contemplated before the article will apply:
12. Abortion practiced by a physician or midwife and (1) When the offender surprised the other spouse with
dispensing of abortives (Art. 259); a paramour or mistress. The attack must take place
13. Duel (Art. 260); while the sexual intercourse is going on. If the
14. Challenging to a duel (Art. 261); surprise was before or after the intercourse, no
15. Mutilation (Art. 262); matter how immediate it may be, Article 247 does
Page41
16. Serious physical injuries (Art. 263); not apply. The offender in this situation only gets
17. Administering injurious substances or beverages (Art. the benefit of a mitigating circumstance, that is,
264); sufficient provocation immediately preceding the
18. Less serious physical injuries (Art. 265); act.

(2) When the offender kills or inflicts serious physical c. By means of inundation, fire, poison, explosion,
injury upon the other spouse and/or paramour while shipwreck, stranding of a vessel, derailment or
in the act of intercourse, or immediately assault upon a railroad, fall of an airship, by means
thereafter, that is, after surprising. of motor vehicles, or with the use of any other
means involving great waste and ruin;
d. On occasion of any of the calamities enumerated in
Notes: the preceding paragraph, or of an earthquake,
Legally married legitimate spouse eruption of a volcano, destructive cyclone,
Penalty: destierro only because of the circumstance epidemic, or any other public calamity;
of actual sexual intercourse e. With evident premeditation;
Kill them while they are doing it or kill them f. With cruelty, by deliberately and inhumanly
immediately thereafter augmenting the suffering of the victim, or outraging
Even if he killed his first spouse after 1 hour. The or scoffing at his person or corpse.
interval of time is allowed for as long as it can be 4. The killing is not parricide or infanticide.
proved that the physical injuries or killing is the by -
product or result of the outrage felt by the spouse Notes:
in discovering the infidelity of the other spouse. Abuse of superior strength 3 offenders against 1
Art. 247 is not a license to commit any other crime victim does not necessarily mean there is abuse of
other than those contemplated in Art. 247. superior strength. It does not refer to superiority in
numbers but in notorious inequality of force.
Q. M finds his wife having sexual intercourse with X. M Premeditation study the elements: T.A.S.
burned the house of X. Can M invoke Art. 247? Cruelty the number of wounds inflicted on the
A. No. because what is contemplated in Art. 247 is murder or victim does not necessarily determine cruelty. It is
physical injuries and not arson. how the infliction of wounds adds to the physical
suffering. There must be clear evidence that the
Q. J saw his wife having sexual intercourse with R but Js victim is still alive when cruelty is inflicted.
wife is struggling pumapalag. J killed his wife. Can J Successive stabbing does not necessarily mean there
invoke Art. 247? is cruelty.
A. No. because under Art. 247 the sexual intercourse should Ignominy moral suffering not qualifying
be consensual. J committed parricide. Absence of any qualifying circumstance only Art.
249
Q. What if J killed R instead, can J invoke Art. 247? Euthanasia murder if the victim does not want to
A. No. It may be treated as a justifying circumstance die. In Art. 253, the victim wants to die
defense of relatives or defense of stranger if common law
spouse. ARTICLE 249
HOMICIDE
ARTICLE 248
MURDER Elements
1. A person was killed;
Elements 2. Offender killed him without any justifying
A person was killed; circumstances;
Accused killed him; 3. Offender had the intention to kill, which is presumed;
The killing was attended by any of the following qualifying 4. The killing was not attended by any of the qualifying
circumstances circumstances of murder, or by that of parricide or
With treachery, taking advantage of superior strength, with infanticide
the aid or armed men, or employing means to weaken the
defense, or of means or persons to insure or afford impunity; Notes:
With intent to kill
B. IN CONSIDERATION OF A PRICE, REWARD OR Frustrated mortal wound was inflicted
PROMISE;
Q. What if the victim survived and there was intent to kill?
A. Attempted or frustrated homicide.
Q. What if there is no intent to kill?

A. Physical injuries
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements
1. There are several persons;
Page42
2. They do not compose groups organized for the common

purpose of assaulting and attacking each other
reciprocally;

3. These several persons quarreled and assaulted one 2. Violence is exerted, or drugs or beverages administered,
another in a confused and tumultuous manner; or that the accused otherwise acts upon such pregnant
4. Someone was killed in the course of the affray; woman;
5. It cannot be ascertained who actually killed the 3. As a result of the use of violence or drugs or beverages
deceased; upon her, or any other act of the accused, the fetus
6. The person or persons who inflicted serious physical dies, either in the womb or after having been expelled
injuries or who used violence can be identified. therefrom;
4. The abortion is intended.
Notes:
Basta join forces not necessarily gang Intentional exerted violence on the pregnant woman and
Tumultuous armed or exerted violence the person who exerted violence knew of the pregnancy and
the exertion of violence was to cause abortion.
*Article 252
Physical Injuries Inflicted in A Tumultuous Affray Unintentional what is intended is the exertion of violence
but abortion is not intended
ARTICLE 253 ARTICLE 257

GIVING ASSISTANCE TO SUICIDE UNINTENTIONAL ABORTION
Acts punished Elements

1. Assisting another to commit suicide, whether the suicide 1. There is a pregnant woman;
is consummated or not; 2. Violence is used upon such pregnant woman without
2. Lending his assistance to another to commit suicide to intending an abortion;
the extent of doing the killing himself. 3. The violence is intentionally exerted;
4. As a result of the violence, the fetus dies, either in the
Q. What is the crime committed if the patient is suffering womb or after having been expelled therefrom.
but the patient does not want to die but you pulled off his Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
life saving device? *Article 258
A. Murder. Abortion Practiced by the Woman Herself or by Her
Parents
Q. What if you pulled off his life saving device with his
consent? *Article 259
A. Art. 253 Abortion Practiced by A Physician or Midwife and
Dispensing of Abortives
*Article 254
Discharge of Firearms *Article 260
Responsibility of Participants in A Duel
ARTICLE 255
INFANTICIDE ARTICLE 261
CHALLENGING TO A DUEL
Elements
1. A child was killed by the accused; Acts punished
2. The deceased child was less than 72 hours old. 1. Challenging another to a duel;
2. Inciting another to give or accept a challenge to a duel;
Note: 3. Scoffing at or decrying another publicly for having
The child is less than 3 days of age refused to accept a challenge to fight a duel.
ARTICLE 256 Note:

INTENTIONAL ABORTION Pari delicto not applicable
Acts punished ARTICLE 262

1. Using any violence upon the person of the pregnant MUTILATION
woman;
Acts punished
2. Acting, but without using violence, without the consent 1. Intentionally mutilating another by depriving him, either
of the woman. (By administering drugs or beverages totally or partially, of some essential organ for
upon such pregnant woman without her consent.) reproduction;
3. Acting (by administering drugs or beverages), with the Elements

consent of the pregnant woman. a. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
Page43
Elements ovarium;
1. There is a pregnant woman; b. The mutilation is caused purposely and deliberately,
that is, to deprive the offended party of some
essential organ for reproduction

2. Intentionally making other mutilation, that is, by lopping 2. The act of sexual assault is committed by any of the
or clipping off any part of the body of the offended following means:
party, other than the essential organ for reproduction, a. By inserting his penis into another person's mouth or
to deprive him of that part of his body. anal orifice; or
b. By inserting any instrument or object into the
Mutilation - is the lopping or clipping off of some part of the genital or anal orifice of another person;
body. 3. The act of sexual assault is accomplished under any of
the following circumstances:
Q. Is esterectomy performed by doctors considered a. By using force or intimidation; or
mutilation? b. When the woman is deprived of reason or otherwise
A. No. because there is no lopping off. There is removal and unconscious; or
there is consent. c. By means of fraudulent machination or grave abuse
of authority; or
*Article 263 d. When the woman is under 12 years of age or
Serious Physical Injuries demented.
*Article 264 Kinds of Rape:

Administering Injurious Substances or Beverages 1. Ordinary Rape sexual intercourse
2. Object Rape - Sexual Assault as a form of rape
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES 1. Ordinary Rape
Even a prostitute may be a victim of ordinary rape as long as
Matters to be noted in this crime the sexual intercourse was with force or intimidation
1. Offended party is incapacitated for labor for 10 days or
more (but not more than 30 days), or needs medical When the woman is deprived of reason or otherwise
attendance for the same period of time; unconscious
2. The physical injuries must not be those described in the Example when the offended party is given drugs
preceding articles.
When the woman is under 12 years of age or demented
Qualified as to penalty This is also known as statutory rape
1. A fine not exceeding P 500.00, in addition to arresto Irrespective of whether or not the child consented
mayor, shall be imposed for less serious physical injuries
when 2. Object Rape
a. There is a manifest intent to insult or offend the Irrespective of either sex
injured person; or Insertion of a part of human body is considered rape
b. There are circumstances adding ignominy to the (before R.A. 8353 it is not rape)
offense.
2. A higher penalty is imposed when the victim is either Notes:
a. The offenders parents, ascendants, guardians, No more frustrated rape. Only consummated and
curators or teachers; or attempted rape.
b. Persons of rank or person in authority, provided the Consummated slightest penetration
crime is not direct assault. Attempted with intent to rape or with intent to
have carnal knowledge
*Article 266
Slight Physical Injuries and Maltreatment Rape vs. Acts of Lasciviousness
ARTICLE 266 A Between Rape and Acts of Lasciviousness the difference lies
RAPE, WHEN AND HOW COMMITTED in the intent of the perpetrator deducible from his external
acts. When the touching of the vagina by the offenders penis
Elements under paragraph 1 is coupled with the intent to penetrate, attempted rape is
1. Offender is a man; committed, otherwise it is acts of lasciviousness. (People vs.
2. Offender had carnal knowledge of a woman; Collado, 2001)
3. Such act is accomplished under any of the following
circumstances: ARTICLE 266 B
a. By using force or intimidation; PENALTIES
b. When the woman is deprived of reason or otherwise
unconscious; Qualified Rape Circumstances (Memorize)
c. By means of fraudulent machination or grave abuse Rape is qualified by the presence of the following
of authority; or circumstances:
d. When the woman is under 12 years of age or 1. With the use of a deadly weapon or by 2 or more persons;
demented. 2. The victim becomes insane on the occasion or by reason of
Page44
the rape;
Elements under paragraph 2 3. The rape is attempted and a homicide is committed by
1. Offender commits an act of sexual assault; reason or on the occasion of;

Or when any of the 10 qualifying circumstances attended the Any degree of resistance or any form
rape: Example
(1) Where the victim is under 18 years of age and the Basta sabihin nyang Huwag wag! Kahit hindi sya
offender is her ascendant, stepfather, guardian, or binugbog, basta may resistance.
relative by affinity or consanguinity within the 3rd
civil degree, or the common law husband of the CRIMES AGAINST PERSONAL
victims mother; or LIBERTY AND SECURITY
(2) Where the victim was under the custody of the
police or military authorities, or other law Crimes against liberty
enforcement agency; 1. Kidnapping and serious illegal detention (Art. 267);
(3) Where the rape is committed in full view of the 2. Slight illegal detention (Art. 268);
victims husband, the parents, any of the children 3. Unlawful arrest (Art. 269);
or relatives by consanguinity within the 3rd civil 4. Kidnapping and failure to return a minor (Art. 270);
degree; 5. Inducing a minor to abandon his home (Art. 271);
(4) Where the victim is a religious, that is, a member of 6. Slavery (Art. 272);
a legitimate religious vocation and the offender 7. Exploitation of child labor (Art. 273);
knows the victim as such before or at the time of 8. Services rendered under compulsion in payment of debts
the commission of the offense; (Art. 274).
(5) Where the victim is a child under 7 yrs of age;
(6) Where the offender is afflicted with AIDS or other Crimes against security
sexually transmissible diseases, and he is aware 1. Abandonment of persons in danger and abandonment of
thereof when he committed the rape, and the one's own victim (Art. 275);
disease was transmitted; 2. Abandoning a minor (Art. 276);
(7) Where the offender is a member of the AFP, its 3. Abandonment of minor by person entrusted with his
paramilitary arm, the PNP, or any law enforcement custody; indifference of parents (Art. 277);
agency and the offender took advantage of his 4. Exploitation of minors (Art. 278);
position; 5. Trespass to dwelling (Art. 280);
(8) Where the victim has suffered permanent physical 6. Other forms of trespass (Art. 281);
mutilation; 7. Grave threats (Art. 282);
(9) Where the pregnancy of the offended party is 8. Light threats (Art. 283);
known to the rapist at the time of the rape; or 9. Other light threats (Art. 285);
(10) Where the rapist is aware of the victims mental 10. Grave coercions (Art. 286);
disability, emotional disturbance or physical 11. Light coercions (Art. 287);
handicap. 12. Other similar coercions (Art. 288);
13. Formation, maintenance and prohibition of combination
Note: The penalty is still reclusion perpetua with the advent of capital or labor through violence or threats (Art. 289);
of R.A. 9346. The crime however remains heinous. 14. Discovering secrets through seizure of correspondence
(Art. 290);
ARTICLE 266 C 15. Revealing secrets with abuse of office (Art. 291);
EFFECT OF PARDON 16. Revealing of industrial secrets (Art. 292).
1. The subsequent valid marriage between the offender and ARTICLE 267
the offended party shall extinguish the criminal action or the KIDNAPPING AND SERIOUS ILLEGAL DETENTION
penalty imposed;
2. In case it is the legal husband who is the offender, the Elements
subsequent forgiveness by the wife as the offended party 1. Offender is a private individual;
shall extinguish the criminal action or penalty: Provided that 2. He kidnaps or detains another, or in any other manner
the crime shall not be extinguished or the penalty shall not deprives the latter of his liberty;
be abated if the penalty is void ab initio. 3. The act of detention or kidnapping must be illegal;
4. In the commission of the offense, any of the following
Notes: circumstances is present:
Marriage between the offender and the offended party will a. The kidnapping lasts for more than 3 days;
only favor the principal b. It is committed simulating public authority;
Subsequent forgiveness of the wife note that the wife c. Any serious physical injuries are inflicted upon the
was raped. It should be legal marriage. person kidnapped or detained or threats to kill him
are made; or
ARTICLE 266 D d. The person kidnapped or detained is a minor,
PRESUMPTIONS female, or a public officer.
Any physical overt act manifesting resistance against the act
of rape in any degree from the offended party, or when the Art. 267 vs. Art. 270
offended party is so situated as to render him/her incapable Art. 267 any kidnapping of a minor (offender any private
Page45
of giving valid consent, may be accepted as evidence in the individual.

prosecution of the acts punished under Art. 266-A. Art. 270 any person who being entrusted with the custody of
a minor person
Note:

Notes: *Article 274
Ransom any consideration given for the release of a person. Services Rendered under Compulsion in Payment of Debt
Q, If there is a demand for ransom but the ransom *Article 275

demanded has not been given or paid. Is it kidnapping for Abandonment of Persons in Danger and Abandonment of
ransom? Ones Own Victim
A. Yes. The mere demand for ransom constitutes kidnapping
for ransom. *Article 276
Abandoning A Minor
With deprivation of liberty
Example *Article 277
If a person was kidnapped but he is free to roam, there is no Abandonment of Minor by Person Entrusted with His
illegal detention Custody; Indifference of Parents
Last paragraph special complex crime of kidnapping with *Article 278

murder or with rape as the case may be. Exploitation of Minors
Example
When the rape victim died special complex crime *Article 279
Additional Penalties for other Offenses
*Article 268
Slight Illegal Detention ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
ARTICLE 269
UNLAWFUL ARREST Elements
1. Offender is a private person;
Elements 2. He enters the dwelling of another;
1. Offender arrests or detains another person; 3. Such entrance is against the latters will.
2. The purpose of the offender is to deliver him to the
proper authorities; Notes:
3. The arrest or detention is not authorized by law or there The offender is a private person. A private individual
is no reasonable ground therefore. enters the dwelling of another
Public officer without a search warrant or with void search
Note: warrant enters the dwelling of another - violation of domicile
The purpose is to deliver the offended party to the proper
authority; If not, then that is kidnapping. *Article 281
Other forms of trespass
Q. What if he arrested a person without a legal ground and
after the arrest he did not deliver him to proper
authorities, unlawful arrest? ARTICLE 282
A. No. Illegal detention. GRAVE THREATS
*Article 270 Acts punished:

Kidnapping and Failure to Return A Minor 1. Threatening another with the infliction upon his person,
honor or property or that of this family of any wrong
*Article 271 amounting to a crime and demanding money or imposing
Inducing A Minor to Abandon His Home any other condition, even though not unlawful, and the
offender attained his purpose;
*Article 272 2. Making such threat without the offender attaining his
Slavery purpose;
3. Threatening another with the infliction upon his person,
ARTICLE 273 honor or property or that of his family of any wrong
EXPLOITATION OF CHILD LABOR amounting to a crime, the threat not being subject to a
condition.
Elements
1. Offender retains a minor in his services; Note
2. It is against the will of the minor; Even if the threat is so serious for as long as the person
3. It is under the pretext of reimbursing himself of a debt making the threat subsequently did not do anything to show
incurred by an ascendant, guardian or person entrusted that he is not persisting his idea, this will result to light
with the custody of such minor. threats only.
Note: ARTICLE 283

Page46
Relate this article to Republic Act No. 7610 (Special LIGHT THREATS
Protection of Children against Child Abuse, Exploitation and
Discrimination Act) Elements
1. Offender makes a threat to commit a wrong;

2. The wrong does not constitute a crime; Formation, Maintenance, and Prohibition of Combination
3. There is a demand for money or that other condition is of Capital or Labor through Violence or Threats
imposed, even though not unlawful;
4. Offender has attained his purpose or, that he has not *Article 290
attained his purpose Discovering Secrets through Seizure of Correspondence
Bond for Good Behavior Revealing Secrets with Abuse of Office

Other Light Threats Revelation of Industrial Secrets
ARTICLE 286
GRAVE COERCIONS CRIMES AGAINST PROPERTY
Acts punished 1. Robbery with violence against or intimidation of persons

1. Preventing another, by means of violence, threats or (Art. 294);
intimidation, from doing something not prohibited by 2. Attempted and frustrated robbery committed under
law; certain circumstances (Art. 297);
2. Compelling another, by means of violence, threats or 3. Execution of deeds by means of violence or intimidation
intimidation, to do something against his will, whether it (Art. 298);
be right or wrong. 4. Robbery in an inhabited house or public building or edifice
devoted to worship (Art. 299);
Elements 5. Robbery in an inhabited place or in a private building (Art.
1. A person prevented another from doing something not 302);
prohibited by law, or that he compelled him to do 6. Possession of picklocks or similar tools (Art. 304);
something against his will; be it right or wrong; 7. Brigandage (Art. 306);
2. The prevention or compulsion be effected by violence, 8. Aiding and abetting a band of brigands (Art. 307);
threats or intimidation; and 9. Theft (Art. 308);
3. The person that restrained the will and liberty of 10. Qualified theft (Art. 310);
another had not the authority of law or the right to do 11. Theft of the property of the National Library and National
so, or in other words, that the restraint shall not be Museum (Art. 311);
made under authority of law or in the exercise of any 12. Occupation of real property or usurpation of real rights in
lawful right. property (Art. 312);
13. Altering boundaries or landmarks (Art. 313);
Coercion means compulsion or prevention 14. Fraudulent insolvency (Art. 314);
15. Swindling (Art. 315);
Grave Coercion at the time (at the very moment) the 16. Other forms of swindling (Art. 316);
compulsion is made, there must have been violence, force, 17. Swindling a minor (Art. 317);
intimidation or threat. Violence exerted from the beginning 18. Other deceits (Art. 318);
at the time of the compulsion. 19. Removal, sale or pledge of mortgaged property (Art.
319);
Note: 20. Destructive arson (Art. 320);
No violence unjust vexation only 21. Other forms of arson (Art. 321);
22. Arson of property of small value (Art. 323);
ARTICLE 287 23. Crimes involving destruction (Art. 324);
LIGHT COERCIONS 24. Burning ones own property as means to commit arson
(Art. 325);
Elements 25. Setting fire to property exclusively owned by the offender
1. Offender must be a creditor; (Art. 326);
2. He seizes anything belonging to his debtor: 26. Malicious mischief (Art. 327);
3. The seizure of the thing be accomplished by means of 27. Special case of malicious mischief (Art. 328);
violence or a display of material force producing 28. Damage and obstruction to means of communication (Art.
intimidation; 330);
4. The purpose of the offender is to apply the same to the 29. Destroying or damaging statues, public monuments or
payment of the debt. paintings (Art. 331).
Note: *Article 293

Par. 2 the exertion of violence or intimidation or force was Who Are Guilty of Robbery
after the compulsion or prevention
ARTICLE 294
Page47
*Article 288 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

Other Similar Coercions PERSONS
*Article 289 Acts punished

1. When by reason or on occasion of the robbery (taking of punished by the maximum periods of the proper
personal property belonging to another with intent to gain), penalties prescribed in Article 294.
the crime of homicide is committed;
Notes:
2. When the robbery is accompanied by rape or intentional All must be armed
mutilation or arson; Last paragraph as principal - because of conspiracy
3. When by reason of on occasion of such robbery, any of the
physical injuries resulting in insanity, imbecility, impotency ARTICLE 296
or blindness is inflicted; DEFINITION OF A BAND AND PENALTY INCURRED BY THE
4. When by reason or on occasion of robbery, any of the MEMBERS THEREOF
physical injuries resulting in the loss of the use of speech or
the power to hear or to smell, or the loss of an eye, a hand, a Requisites for liability for the acts of the other members of
foot, an arm, or a leg or the loss of the use of any such the band
member or incapacity for the work in which the injured 1. He was a member of the band;
person is theretofore habitually engaged is inflicted; 2. He was present at the commission of a robbery by that
5. If the violence or intimidation employed in the commission band;
of the robbery is carried to a degree unnecessary for the 3. The other members of the band committed an assault;
commission of the crime; 4. He did not attempt to prevent the assault.
6. When in the course of its execution, the offender shall
have inflicted upon any person not responsible for the Band - when at least four armed malefactors take part in the
commission of the robbery any of the physical injuries in commission of a robbery.
consequence of which the person injured becomes deformed
or loses any other member of his body or loses the sue 2nd Par any member of a band who is present at the
thereof or becomes ill or incapacitated for the performance commission of a robbery by the band, shall be punished as
of the work in which he is habitually engaged for more than principal of any of the assaults committed by the band,
90 days or the person injured becomes ill or incapacitated for unless it be shown that he attempted to prevent the same.
labor for more than 30 days;
7. If the violence employed by the offender does not cause *Article 297
any of the serious physical injuries defined in Article 263, or Attempted and frustrated robbery committed under
if the offender employs intimidation only. certain circumstances
Notes: ARTICLE 298

Similarity of robbery and theft there is taking of EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
personal property with intent to gain and no consent INTIMIDATION
from the victim
Difference in robbery, the taking is with the Elements
attendance of force upon things or violence against the 1. Offender has intent to defraud another;
person 2. Offender compels him to sign, execute, or deliver any
Special complex crime public instrument or document.
It is still a crime against property even if with homicide, 3. The compulsion is by means of violence or intimidation.
rape or SPI the original plan is to rob and in the course
of or by reason of robbery (in the occasion of) somebody Example
is killed or raped or wounded, otherwise, liable only for Blank deed and somebody is forcing you to sign it
the resulted crime, even if death supervened by
accident Note:
If there is a conspiracy to rob and one is left as look out If not with violence estafa because of the intent to defraud
still included to the special complex crime for as long Art. 298 vs. Estafa
as the look-out did not prevent it but if it was prevented Art. 298 with violence or intimidation
only robbery Estafa without violence or intimidation
ARTICLE 295 ARTICLE 299

ROBBERY WITH PHYSICAL INJURIES COMMITTED IN AN ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR
UNINHABITED PLACE AND BY A BAND EDIFICE DEVOTED TO WORSHIP
Robbery with violence against or intimidation of person Elements under subdivision (a)
qualified is qualified if it is committed 1. Offender entered an inhabited house, public building
1. In an uninhabited place; 2. The entrance was effected by any of the following
2. By a band; means:
3. By attacking a moving train, street car, motor vehicle, or a. Through an opening not intended for entrance or
airship; egress;
4. By entering the passengers compartments in a train, or b. By breaking any wall, roof or floor, or breaking any
Page48
in any manner taking the passengers thereof by surprise door or window;

in the respective conveyances; or c. By using false keys, picklocks or similar tools; or
5. On a street, road, highway or alley, and the intimidation d. By using any fictitious name or pretending the
is made with the use of firearms, the offender shall be exercise of public authority.

3. Once inside the building, offender took personal Brigandage under the Revised Penal Code vs, highway
property belonging to another with intent to gain. robbery/brigandage under Presidential Decree No. 532:
Art. 306 P.D. 532
Elements under subdivision (b): To commit a specific To commit indiscriminately,
1. Offender is inside a dwelling house, public building, or robbery on the highway your victim is anyone
edifice devoted to religious worship, regardless of the (planned)
circumstances under which he entered it; Formation of a band of Seizure of any person for
2. Offender takes personal property belonging to another, robbers by more than three ransom, extortion or for any
with intent to gain, under any of the following armed persons for the other lawful purposes, or
circumstances: purpose of committing the taking away of the
a. By the breaking of doors, wardrobes, chests, or any robbery in the highway, property of another by
other kind of locked or sealed furniture or kidnapping for purposes of means of violence against or
receptacle; or extortion or ransom, or for intimidation of persons or
b. By taking such furniture or objects away to be any other purpose to be force upon things or other
broken or forced open outside the place of the attained by force and unlawful means committed
robbery. violence. by any person on any
Mere forming of a band, Philippine highway.
Q. If you break or open the window and you scoop with (requires at least four
your hands anything you can get, is that robbery? armed persons, if for any of
A. No. The whole body must be inside otherwise, theft. the criminal purposes stated
in Article 306) gives rise to
*Article 300 brigandage
Robbery in an uninhabited place and by a band
Brigandage highway robbery
*Article 301 P.D. No. 532 - refers to the actual commission of the robbery
What is an inhabited house, public building, or building on the highway and can be committed by one person alone
dedicated to religious worship and their dependencies
*Article 307
*Article 302 Aiding and Abetting A Band of Brigands
Robbery in An Uninhabited Place or in A Private Building
*Article 308
*Article 303 Who Are Liable for Theft
Robbery of cereals, fruits, or firewood in an uninhabited
place or private building *Article 309
Penalties
*Article 304
Possession of Picklock or Similar Tools ARTICLE 310
QUALIFIED THEFT
*Article 305
False keys Theft is qualified if
1. Committed by a domestic servant;
ARTICLE 306 2. Committed with grave abuse of confidence;
WHO ARE BRIGANDS 3. The property stolen is a motor vehicle, mail matter, or
large cattle;
Elements of brigandage 4. The property stolen consists of coconuts taken from the
1. There are least four armed persons; premises of a plantation;
2. They formed a band of robbers; 5. The property stolen is fish taken from a fishpond or
2. The purpose is any of the following: fishery; or
a. To commit robbery in the highway; 6. If property is taken on the occasion of fire, earthquake,
b. To kidnap persons for the purpose of extortion or to typhoon, volcanic eruption, or any other calamity,
obtain ransom; or vehicular accident, or civil disturbance.
c. To attain by means of force and violence any other
purpose. Notes Lex Talionis Fraternitas, Inc. Sodalitas Ducum
Fututorum
Committed by domestic servant
Example
Pinakain mo na tapos ninakawan ka pa
1.) Theft of a motor vehicle qualified theft
2.) Theft of a motor vehicle Carnapping no element of
transfer of possession from the owner
Page49
Difference between 1 and 2

Example

Inutusan mo yung driver mo magpa-gas tapos hindi na nya Elements of estafa with unfaithfulness of abuse of
binalik theft (there should be temporary possession) confidence under Article 315 (1)
Pagnaka-park lang at ninakaw - carnapping
Under paragraph (a)
*Article 311 1. Offender has an onerous obligation to deliver
Theft of the Property of the National Library or National something of value;
Museum 2. He alters its substance, quantity, or quality;
3. Damage or prejudice is caused to another.
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL Under paragraph (b)
RIGHTS IN PROPERTY 1. Money, goods, or other personal property is received by
the offender is trust, or on commission, or for
Acts punished administration, or under any other obligation involving
1. Taking possession of any real property belonging to the duty to make delivery of, or to return, the same;
another by means of violence against or intimidation of 2. There is misappropriation or conversion of such money or
persons; property by the offender, or denial on his part of such
2. Usurping any real rights in property belonging to another receipt;
by means of violence against or intimidation of persons. 3. Such misappropriation or conversion or denial is to the
prejudice of another; and
Elements There is a demand made by the offended party to the
1. Offender takes possession of any real property or usurps offender.
any real rights in property;
2. The real property or real rights belong to another; Under paragraph (c)
3. Violence against or intimidation of persons is used by the 1. The paper with the signature of the offended party is in
offender in occupying real property or usurping real blank;
rights in property; 2. Offended party delivered it to the offender;
4. There is intent to gain. 3. Above the signature of the offended party, a document
is written by the offender without authority to do so;
Robbery vs. Art. 312 4. The document so written creates a liability of, or causes
Robbery personal property damage to, the offended party or any third person.
Art. 312 real property
Elements of estafa by means of false pretenses or
Squatting vs. Usurpation fraudulent acts under Article 315 (2)
S No intention to own the property
U Offender intends to own the real property Acts punished under paragraph (a)
1. Using fictitious name;
*Article 313 2. Falsely pretending to possess power, influence,
Altering Boundaries or Landmarks qualifications, property, credit, agency, business or
imaginary transactions; or
*ARTICLE 314 3. By means of other similar deceits.
FRAUDULENT INSOLVENCY
Under paragraph (b)
Elements Altering the quality, fineness, or weight of anything
1. Offender is a debtor, that is, he has obligations due and pertaining to his art or business.
payable;
2. He absconds with his property; Under paragraph (c)
3. There is prejudice to his creditors. Pretending to have bribed any government employee,
without prejudice to the action for calumny which the
Note offended party may deem proper to bring against the
Art. 314 Pretending to be insolvent by simply keeping the offender.
property
Under paragraph (d)
ARTICLE 315 1. Offender postdated a check, or issued a check in payment
SWINDLING (ESTAFA) of an obligation;
2. Such postdating or issuing a check was done when the
Elements in general offender had no funds in the bank, or his funds deposited
1. Accused defrauded another by abuse of confidence or by therein were not sufficient to cover the amount of the check.
means of deceit; and
This covers the three different ways of committing Note that this only applies if
estafa under Article 315; thus, estafa is committed (1) The obligation is not pre-existing;
a. With unfaithfulness or abuse of confidence; (2) The check is drawn to enter into an obligation;
Page50
b. By means of false pretenses or fraudulent acts; or (Remember that it is the check that is supposed to be the
c. Through fraudulent means. sole consideration for the other party to have entered into
the obligation. For example, Rose wants to purchase a
bracelet and draws a check without insufficient funds. The

jeweler sells her the bracelet solely because of the the payment of the check within 5 banking days (Hence, not
consideration in the check.) liable for BP 22)
(3) It does not cover checks where the purpose of drawing
the check is to guarantee a loan as this is not an obligation Notes:
contemplated in this paragraph If after 30 days not yet paid BP 22
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum In BP 22, there must be proof that the drawer received
2 Ways the notice of dishonor. If the addressee refused to
1. Abuse of confidence (trust) accept, the sender should execute an affidavit that the
2. By means of deceit addressee refused to accept the notice.
The same check can be the basis of 2 prosecutions and
Examples yet not double jeopardy because estafa is under RPC and
You bought a ring for P25,000 but the ring is only worth BP 22 is a special penal law.
P18,000 abuse of confidence
*Article 316
In entrusting (not ownership) your property, the very same Other Forms of Swindling
shall be returned to you. If he did not give it back or cannot
explain why he cannot give it back abuse of trust *Article 317
Swindling A Minor
If you transfer the ownership I give it to you this is not
estafa. But there may be civil obligation ARTICLE 318
OTHER DECEITS
A sold pieces of jewelry to B on installment but the
latter did not pay. A asked B to return it as long as there is Acts punished
transfer of ownership even if it is not paid it is not estafa. 1. Defrauding or damaging another by any other deceit not
mentioned in the preceding articles;
Estafa by means of deceit - fraudulent manifestation. 2. Interpreting dreams, by making forecasts, by telling
Example fortunes, or by taking advantage of the credulity of the
You were able to get money because of false pretense. In public in any other similar manner, for profit or gain.
illegal recruitment the offender, by virtue of false pretenses
was able to obtain money. Note:
Any conceivable deceit
Art. 315 (2) (d) by post dating a check or issuing a check in Example Madam Auring
payment of an obligation xxx vs. B.P. 22
-issuance of a check with a representation that it is funded *Article 319
Art. 315 (2) (d) B.P. 22 Removal, Sale or Pledge of Mortgaged Property
Check was issued at the Mere fact of issuance of a
time the obligation was check which is not fully ARTICLE 320
contracted. funded. There is a DESTRUCTIVE ARSON
Note: If the check was presumption that the
issued after or ahead of offender had knowledge Notes:
when the obligation was that his check had no funds Malicious burning of property of other persons
contracted or payment of a if the check bounced
pre-existing obligation not within a period of 90 days Q. If you burn your own property, are you liable for arson?
estafa but there is civil A. It does not follow that you are liable for arson. But if the
obligation property is situated in a vast tract of land, it is not arson. But
Crime against property Crime against public if you burn your property located in a congested area, it is
interest arson because it endangers the lives of others.
The gravamen of the The gravamen of the
offense is the deceit offense is the issuance of Q. What if you burn your property and somebody was
employed the check killed, what was the crime committed?
Deceit and damage are Deceit and damage are A. Arson only. No complex crime of arson. Homicide is
material immaterial absorbed in the crime of arson.
Knowledge by the drawer of Knowledge by the drawer of
insufficient funds is not insufficient funds is *Article 321
required required Other Forms of Arson
There is criminal liability if the check is drawn for non-pre-
existing obligation *Article 322
Cases of arson not included in the preceding articles
Q. If the check bounced after 90 days, is there BP 22?
A. Yes. 90 days is only a presumption and it does not affect *Article 323
criminal liability. The presumption will not apply if he pays Arson of property of small value
Page51
the value of the check or make arrangements with the bank

(from the time the drawer receive the notice of dishonor) for *Article 324
Crimes involving destruction

*Article 325 Adultery complaint of the husband
Burning ones own property as means to commit arson Concubinage complaint of the wife
*Article 326 ARTICLE 333

Setting fire to property exclusively owned by the offender WHO ARE GUILTY OF ADULTERY
*Article 326 A Elements

In cases where death resulted as a consequence of arson 1. The woman is married;
2. She has sexual intercourse with a man not her husband;
*Article 326 B 3. As regards the man with whom she has sexual
Prima facie evidence of arson intercourse, he must know her to be married
ARTICLE 327 Notes:

WHO ARE LIABLE FOR MALICIOUS MISCHIEF Even if the marriage be subsequently declared void
presumed valid marriage
Elements As long as at the time the sexual intercourse was
1. Offender deliberately caused damage to the property of committed (other than his husband) she is married
another; For each sexual intercourse, one count of
2. Such act does not constitute arson or other crimes adultery this should be rationalized, it should not
involving destruction; be taken literally
3. The act of damaging anothers property was committed The married woman and the lover both guilty
merely for the sake of damaging it; The pardon must be extended to both offenders to
extinguish criminal liability
Notes
Malicious mischief if deliberately caused damage and ARTICLE 334
motivated by hate, revenge or resentment CONCUBINAGE
Malicious cause damage deliberately
Caused damage but with no intent to damage criminal Acts punished
negligence Art. 365 1. Keeping a mistress in the conjugal dwelling;
Causes damage under circumstances of accident and 2. Having sexual intercourse, under scandalous
performed with diligence (required) Art. 12 par. 4 circumstances;
3. Cohabiting with her in any other place.
Article 328. Special Case of Malicious Mischief
Elements
*Article 329 1. The man is married;
Other Mischiefs 2. He is either
a. Keeping a mistress in the conjugal dwelling;
*Article 330 b. Having sexual intercourse under scandalous
Damage and Obstruction to Means of Communication circumstances with a woman who is not his wife; or
c. Cohabiting with a woman who is not his wife in any
*Article 331 other place;
Destroying or Damaging Statues, Public Monuments, or 3. As regards the woman, she knows that the man is
Paintings married.
*Article 332 3 Ways of committing concubinage (either of the following

Persons Exempt from Criminal Liability circumstances)
1. Keeping a mistress in the conjugal dwelling
CRIMES AGAINST CHASTITY 2. Having sexual intercourse under scandalous circumstances
with a woman not his wife
1. Adultery (Art. 333); 3. Cohabiting with her in any other place
2. Concubinage (Art. 334);
3. Acts of lasciviousness (Art. 336); Conjugal dwelling is meant the house of the husband and
4. Qualified seduction (Art. 337); wife even if wife happens to be temporarily absent on any
5. Simple seduction (Art. 338); account.
6. Acts of lasciviousness with the consent of the offended -house constructed from the proceeds of the sale of conjugal
party (Art. 339); property of the spouses especially where they had intended it
7. Corruption of minors (Art. 340); to be so is a conjugal dwelling and the fact that the wife
8. White slave trade (Art. 34); never had a chance to reside therein and that the husband
9. Forcible abduction (Art. 342); used it with his mistress instead, does not detract from its
10. Consented abduction (Art. 343). nature.
Page52
Crimes against chastity the crime cannot be prosecuted de Cohabit married man is living with the woman under the
officio. The offender cannot be prosecuted except upon same roof and they are living together as husband and wife.
complaint of the offended party.
Example Scandalous how it is perceived by the people

a. Offended party is a virgin, which is presumed if she
Notes: is unmarried and of good reputation;
This does not mean that they do it in public b. She is over 12 and under 18 years of age;
Pardon for adultery after the act to extinguish criminal c. Offender has sexual intercourse with her;
liability it must be extended to both offenders d. There is abuse of authority, confidence or
If there is a prior agreement to separate such agreement is relationship on the part of the offender.
null and void but it can be used as a defense but cannot be 2. Seduction of a sister by her brother, or descendant by
used as an enforceable agreement. her ascendant, regardless of her age or reputation.
Persons liable
*Article 335 1. Those who abused their authority
Rape a. Person in public authority;
Repealed by Republic Act No. 8353 or the Anti-Rape Law of b. Guardian;
1997. c. Teacher;
d. Person who, in any capacity, is entrusted with the
ARTICLE 336 education or custody of the woman seduced;
ACTS OF LASCIVIOUSNESS 2. Those who abused confidence reposed in them
a. Priest;
Elements b. House servant;
1. Offender commits any act of lasciviousness or lewdness; c. Domestic;
2. It is done under any of the following circumstances: 3. Those who abused their relationship
a. By using force or intimidation; a. Brother who seduced his sister;
b. When the offended party is deprived or reason of b. Ascendant who seduced his descendant
otherwise unconscious; or
c. When the offended party is another person of either ARTICLE 338
sex. SIMPLE SEDUCTION
Two kinds of acts of lasciviousness under the Revised Penal Elements

Code: 1. Offender party is over 12 and under 18 years of age;
(1) Article 336 2. She is of good reputation, single or widow;
(2) Article 339. 3. Offender has sexual intercourse with her;
4. It is committed by means of deceit.
Article 336. Acts of Lasciviousness - The offended party
may be a man or a woman. When the act performed with Art. 337 vs. Art. 338 vs. Art. 339
lewd design was perpetrated under circumstances which Art. 337 Art. 338 Art. 339
would have brought about the crime of rape if sexual Qualified Simple Consented Acts of
intercourse was effected, is acts of lasciviousness under this Seduction Seduction Lasciviousness
article. The offended party is either With sexual With sexual No sexual
1. Under 12 years of age; or intercourse intercourse intercourse but
2. Being over 12 years of age, the lascivious acts were only lascivious
committed on him or her through violence or intimidation, or acts.
while the offender party was deprived of reason, or Abuse of Through deceit With consent of
otherwise unconscious. authority, in the form of the offended
relationship or promise of party. With abuse
Article 339. Acts of Lasciviousness with the Consent of the moral marriage of authority,
Offended Party -The victim is limited only to a woman. The ascendancy relationship or
circumstances under which the lascivious acts were moral ascendancy.
committed must be that of qualified seduction or simple Through deceit.
seduction, that is, the offender took advantage of his position Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
of ascendancy over the offender woman either because he is Notes:
a person in authority, a domestic, a househelp, a priest, a If married man makes a promise of marriage and the
teacher or a guardian, or there was a deceitful promise of minor knows he is married that is not deceit
marriage which never would really be fulfilled. In rape and seduction the offspring is entitled to
support
Rape vs. Acts of Lasciviousness (both with force)
R may be committed with sexual intercourse *Article 340
AL without sexual intercourse Corruption of Minors
Relate to R.A. 7610
ARTICLE 337
QUALIFIED SEDUCTION *Article 341
White Slave Trade
Acts punished
Page53
1. Seduction of a virgin over 12 years and under 18 years of ARTICLE 342

age by certain persons, such as a person in authority, FORCIBLE ABDUCTION
priest, teacher; and
Elements

Elements
1. The person abducted is any woman, regardless or her ARTICLE 347
age, civil status, or reputation; SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR
2. The abduction is against her will; ANOTHER AND CONCEALMENT OF ABANDONMENT OF A
3. The abduction is with lewd designs. LEGITIMATE CHILD
Notes: Acts punished

Whether forcible or consented no sexual intercourse 1. Simulation of births;
Consented Art. 343 under 18 years old 2. Substitution of one child for another;
It is a crime against chastity because the taking away is 3. Concealing or abandoning any legitimate child with
with lewd design. If no lewd design kidnapping intent to cause such child to lose its civil status.
Example Maggie dela Riva case forcible abduction with
rape Simulation the woman pretends to be pregnant
If woman was taken with lewd design and was raped Example
forcible abduction with rape. Subsequent rapes are X pretends to be pregnant and registered as if it is her child
considered as separate kinds of rape (People vs. Bulaong,
1972) Abandonment of child committed by the father or the
mother to lose the civil status
By virtue of R.A. 8353 The following crimes cannot be
prosecuted de officio (CASADA) Art. 347 vs. Child Trafficking under R.A. 7610
2. Adultery Art. 347 leave the child somewhere (in a public place)
3. Seduction R.A. 7610 selling a child by the father or barter of a child
4. Abduction
5. Defamation / Slander Q. What if the baby is in the tummy of the mother and the
6. Acts of Lasciviousness mother intends to sell it?
A. Attempted Child trafficking
*Article 343
Consented Abduction *Article 348
Usurpation of Civil Status
*Article 344
Prosecution of the crimes of adultery, concubinage, ARTICLE 349
seduction, abduction, rape, and acts of lasciviousness BIGAMY
ARTICLE 345 Elements

CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST 1. Offender has been legally married;
CHASTITY 2. The marriage has not been legally dissolved or, in case
Persons guilty of rape, seduction or abduction, shall also his or her spouse is absent, the absent spouse could not
be sentenced: yet be presumed dead according to the Civil Code;
1. To indemnify the offended woman 3. He contracts a second or subsequent marriage;
2. To acknowledge the offspring unless the law should 4. The second or subsequent marriage has all the essential
prevent him from doing so requisites for validity.
3. In every case to support the offspring
Bigamy 2 marriages. The second marriage was contracted
Notes: while the first marriage is subsisting. The 2 marriages must
To acknowledge in case of multiple rape - there is no be valid complete with formal and essential requisites.
obligation to acknowledge
Indemnify the offended woman Notes:
Example If no judicial declaration of presumptive death or no
Rape of the first form P50K + P50K moral damages judicial declaration of nullity or annulment bigamy
The second marriage for purposes of bigamy must be
*Article 346 valid
Liability of ascendants, guardians, teachers, or other persons Prejudicial Question study notes in civil review 1
entrusted with the custody of the offended party
*Article 350
CRIMES AGAINST THE Illegal Marriage
CIVIL STATUS OF PERSONS
*Article 351
1. Simulation of births, substitution of one child for another Premature Marriage
and concealment or abandonment of a legitimate child (art.
347); *Article 353
2. Usurpation of civil status (Art. 348); Performance of Illegal Marriage Ceremony
Page54
3. Bigamy (Art. 349);

4. Marriage contracted against provisions of law (Art. 350); CRIMES AGAINST HONOR
5. Premature marriages (Art. 351);
6. Performance of illegal marriage ceremony (Art. 352). 1. Libel by means of writings or similar means (Art. 355);

3. Such act casts dishonor, discredit or contempt upon the
2. Threatening to publish and offer to prevent such offended party.
publication for compensation (Art. 356);
3. Prohibited publication of acts referred to in the course of Slander by deed - to performance of an act, not use of
official proceedings (Art. 357); words. Oral defamation.
4. Slander (Art. 358);
5. Slander by deed (Art. 359); Kinds of slander by deed
6. Incriminating innocent person (Art. 363); 1. Simple slander by deed; and
7. Intriguing against honor (Art. 364) 2. Grave slander by deed, that is, which is of a serious
nature.
ARTICLE 353
DEFINITION OF LIBEL Notes
R.A. 7691 (1994) despite 7691, libel is still within the
Libel - public and malicious imputation of a crime, or of a jurisdiction of the MTC because RPC is a substantive law
vice or defect, real or imaginary, or any act, omission, BP 129 (1980) MTC offenses where the imposable
condition, status, or circumstances tending to cause the penalty is up to 6 years
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead. *Article 360
Persons Responsible
Elements
1. There must be an imputation of a crime, or of a vice or ARTICLE 361
defect, real or imaginary, or any act, omission, PROOF OF THE TRUTH
condition, status, or circumstance;
2. The imputation must be made publicly; Proof of the truth is not admissible except Art. 361 if it
3. It must be malicious; appears that the matter charged as libelous is true and
4. The imputation must be directed at a natural or juridical published with good motives and for justifiable ends. The
person, or one who is dead; defendant shall be acquitted.
5. The imputation must tend to cause the dishonor,
discredit or contempt of the person defamed. *Article 362
Libelous Remarks
Notes
Libel written defamation ARTICLE 363
Slander oral defamation INCRIMINATING INNOCENT PERSONS
Publicity as long as the defamation has come to the
attention of 3rd persons Performs an act and plant evidence against somebody
If nobody heard it no publicity
Malicious imputation of a crime every defamatory Elements
imputation is presumed to have done with malice 1. Offender performs an act;
(presumption in law) except privileged communication 2. By such an act, he incriminates or imputes to an
innocent person the commission of a crime;
*Article 354 3. Such act does not constitute perjury.
Requirement for Publicity
ARTICLE 364
*Article 355 INTRIGUING AGAINTS HONOR
Libel by Means of Writings or Similar Means
Associated to slander
*Article 356
Threatening to Publish and Offer to Prevent Such Slander vs. Art. 364
Publication for A Compensation S with plot or definite source
Art. 364 not identifiable (who will you prosecute? Prosecute
*Article 357 everybody)
Prohibited Publication of Acts Referred to in the Course of
Official Proceedings CRIMINAL NEGLIGENCE
*Article 358 ARTICLE 365

Slander IMPRUDENCE AND NEGLIGENCE
ARTICLE 359 Quasi-offenses punished

SLANDER BY DEED 1. Committing through reckless imprudence any act which,
had it been intentional, would constitute a grave or less
Elements grave felony or light felony;
Page55
1. Offender performs any act not included in any other 2. Committing through simple imprudence or negligence an
crime against honor; act which would otherwise constitute a grave or a less
2. Such act is performed in the presence of other person or serious felony;
persons;

3. Causing damage to the property of another through Government officials will be prosecuted if the received
reckless imprudence or simple imprudence or proceeds of drugs
negligence; Request for voluntary rehabilitation will be filed in PDEA
4. Causing through simple imprudence or negligence some
wrong which, if done maliciously, would have R.A. 8294 ANTI - ILLEGAL POSSESSION OF FIREARMS,
constituted a light felony. AMMUNITION OR EXPLOSIVES LAW
Reckless imprudence -lack of foresight, care or precaution Includes actual and constructive possession
Examples
Reckless imprudence resulting to homicide
Reckless imprudence resulting to damage to property
Q. Could there be reckless imprudence resulting in
frustrated homicide?
A. No.
Last Clear Chance the contributory negligence of the party

injured will not defeat the action if it be shown that the
accused might, by the exercise of reasonable care and
prudence have avoided the consequences of the negligence
of the injured party.
Contributory Negligence this defense does not apply in

criminal cases through reckless imprudence since one cannot
allege the negligence of another to evade the effects of his
own negligence.
Except: Proximate cause of death is the negligence of the
deceased himself and not the negligence of the accused.
Emergency Rule / Doctrine a person who is confronted with

a sudden emergency may be left no time for thought, must
make speedy decision based largely upon impulse or instinct
and cannot be held to the same conduct as one who has had
an opportunity to reflect even though it later appears that he
made the wrong decision.
The doctrine is applicable only where the situation which
arises to confront the actor is sudden and unexpected and is
such as to deprive him of all opportunity for deliberation.
This is a defense but what is necessary to be shown is that
he must not have been negligent.
Notes
If with due care accident
If intentional malicious mischief
SPECIAL PENAL LAWS
R.A. 9165 THE COMPREHENSIVE DANGEROUS DRUGS ACT

OF 2002
Notes
covers actual and constructive possession of drugs.
By-bust operation or entrapment no exchange of money
and drugs it is consensual contract can be prosecuted
Sale consensual contract possession is included in sale
but if after the kapkapan saw another drug separate
crime - possession
No plea bargaining in drugs cases
No probation in drugs cases
If drugs are confiscated for another individual, the court
Page56
should conduct ocular inspection then immediately the

drugs will be burned and retain some of it for evidence
Assets will be confiscated like motor vehicles within 5
days

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NOTES IN CRIMINAL LAW REVIEW (2008)

Justice Ma. Cristina Cornejo

BOOK ONE such; and to those who commit crimes against

1969-2008 39 years of excellence and superiority

1. Classical Theory Act - overt act, violation of law, you penalize it

compel him by a strange or morbid ARTICLE 4

1969-2008 39 years of excellence and superiority

Definition of felony People vs. Iligan

Case of Rockwell: the accused believe them to be.

1969-2008 39 years of excellence and superiority

Q: Then if it is not a crime why it is penalize? ARTICLE 6

1969-2008 39 years of excellence and superiority

3. Attempted SC: that is only an attempted rape. It simply constituted the

1969-2008 39 years of excellence and superiority

Q: When is there a conspiracy? Examples

Example Q: What if several persons were charged as conspirators,

1969-2008 39 years of excellence and superiority

1969-2008 39 years of excellence and superiority

3. The Person Defending the Stranger was not Motivated by

1969-2008 39 years of excellence and superiority

9344) years of age and under fifteen (eighteen RA

1969-2008 39 years of excellence and superiority

Rationale Entrapment vs. Instigation

1969-2008 39 years of excellence and superiority

2. Privileged MC it serves to reduce the penalty by degrees. Surrender must be Voluntary

1969-2008 39 years of excellence and superiority

Kinds of Aggravating Circumstances 7. On the occasion and by means of calamity or

1969-2008 39 years of excellence and superiority

Public Authorities do not include the agents of persons in Nighttime

1969-2008 39 years of excellence and superiority

Q. How is it different from the aggravating circumstance of 10. Habituality

convicted by final judgment is now on trial for a new offense

1969-2008 39 years of excellence and superiority

Example 3 offenders and 1 victim it does not necessarily mean that

1969-2008 39 years of excellence and superiority

1969-2008 39 years of excellence and superiority

Q. Why is it aggravating? Rule: If there is a doubt with respect to the liability of a

ARTICLE 17 charged as an accessory under the RPC.

1969-2008 39 years of excellence and superiority

PARDON Reclusion Temporal :

1969-2008 39 years of excellence and superiority

Confiscation and Forfeiture of Proceeds of a

Principal Penalty Accessory Penalty COMPLEX CRIME

b. Complex Crime Proper one crime is a necessary means

1969-2008 39 years of excellence and superiority

lower than that prescribe by for the principal in the

1969-2008 39 years of excellence and superiority

Rules for the Applicable of Indivisible Penalties (Article 63)

Purpose: redeem valuable human material, the offender is

1969-2008 39 years of excellence and superiority

Application So the minimum is anywhere within the range of the penalty

Privilege Mitigating Circumstance?

1969-2008 39 years of excellence and superiority

Total Extinction of Criminal Liability 1. Death and RP 20 years

P - prescription of penalty The penalty must be imposed by final judgment.

1969-2008 39 years of excellence and superiority

8. Flight to Enemy Country

1969-2008 39 years of excellence and superiority

B. Adheres to the enemies, giving them aid or comfort ARTICLE 116

Requirements of levying war Not yet committed

a. Offender enters any of the places mentioned;

1969-2008 39 years of excellence and superiority

3. Offenders either Notes:

ArtIcle 184 Article 188

Article 226 Article 236

Article 227 Article 237

Article 228 Article 238

Article 229 Article 239

Article 230 Article 240

Article 232 Article 242

Article 234 Article 244

Article 285 Article 292