Cornejo Notes Criminal Law 2 PDF

CRIMINAL LAW REVIEW
CRIMINAL LAW 2
Justice Ma. Cristina Cornejo
CONSPIRACY AND PROPOSAL TO COMMIT
CRIMES AGAINST TREASON
NATIONAL SECURITY
Elements of Conspiracy to Commit Treason
Crimes Covered: 1. There is a war in which the Philippines is
1. Treason involved;
2. Conspiracy and Proposal to Commit Treason 2. At least two persons come to an agreement
3. Misprision of Treason to
4. Espionage a. levy war against the government; or
5. Inciting to War and Giving Motives for Reprisal b. adhere to the enemies, giving them aid
6. Violation of Neutrality or comfort;
7. Correspondence with Hostile Country 3. They decide to commit it.
8. Flight to Enemy Country
9. Piracy and Mutiny Elements of Proposal to Commit Treason
1. There is a war in which the Philippines is
Crimes Against National Security involved;
1. Treason (Art. 114); 2. At least one person decides to
2. Conspiracy and proposal to commit treason A. LEVY WAR AGAINST THE GOVERNMENT;
(Art. 115); OR
3. Misprision of treason (Art. 116); and
B. adhere to the enemies, giving them aid
4. Espionage (Art. 117).
or comfort;
3. He proposes its execution to some other
Crimes Against the Law of Nations
persons.
1. Inciting to war or giving motives for reprisals
(Art. 118);
Kinds of Conspiracy
2. Violation of neutrality (Art. 119);
1. Conspiracy as a Crime expressly made a
3. Corresponding with hostile country (Art.
crime under RPC.
120);
2. Conspiracy as a Mode of Incurring Criminal
4. Flight to enemy's country (Art. 121);
Liability not stated in the RPC.
5. Piracy in general and mutiny on
the high seas (Art. 122).
Examples
A, B and C conspired to kill D but failed to kill D.
Crimes Against National Security are
A, B and C liable? It is not expressly made a
Committed During a State of War except
crime
for:
1. Espionage
A proposed to commit treason to B. B refuses, is
2. Inciting to War and Giving Motives
A liable? Yes, because it is expressly proposal to
for Reprisal
commit treason.
3. Violation of Neutrality
4. Mutiny and Piracy
A proposes to C to kill B. C agreed. But C was
the one who killed, A liable? Yes, because of
ARTICLE 114
conspiracy.
TREASON
Q. Why is there conspiracy?
A. The fact that he already accepted the
Committed only in times of war proposal, there is already an agreement.
B. Adheres to the enemies, giving them aid Q. What if Treason has already been
or comfort within the Philippines or committed?
elsewhere A. It will not fall under Art. 115.
Requirements of levying war Q. Is the 2-witness rule applicable in
1. Actual assembling of men; conspiracy and proposal to commit
2. To execute a treasonable design treason?
by force; A. No. because it is a separate crime
3. Intent is to deliver the country in
whole or in part to the enemy; and Note: Any conspiracy conspiracy to overthrow
4. Collaboration with foreign enemy
government in times of peace rebellion
or some foreign sovereign
ARTICLE 116
Two ways of proving treason
MISPRISION OF TREASON
1. Testimony of at least two witnesses to the
same overt act; or
Not yet committed
Note: The 2-witness rule is restrictive. They
must testify to the same overt acts of Committed by a native or local
treason committed in the same place, time The person is aware of the conspiracy of
and occasion. treason and does not disclose it to authorities
2. Confession of the accused in open court. Article 20 (Accessories who are exempt from
criminal liability) does not apply
ARTICLE 115 Elements
Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

27 Moral Support & Entertainment by Ayce, Gerard, Ariel, Charles & Saskia
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1. Offender owes allegiance to the ARTICLE 121 FLIGHT TO ENEMYS COUNTRY
government, and not a foreigner;
2. He has knowledge of conspiracy to Elements
commit treason against the government; 1. There is a war in which the Philippines is
3. He conceals or does not disclose and involved;
make known the same as soon as possible to 2. Offender must be owing allegiance to the
the governor or fiscal of the province in government;
which he resides, or the mayor or fiscal of 3. Offender attempts to flee or go to enemy
the city in which he resides. country;
4. Going to the enemy country is prohibited by
Q. What if treason is actually committed. competent authority.
You learned the commission but you did
not report. Are you liable? ARTICLE 122 & 123
A. No. Liable as accessory only. Amended by R.A. 7659 or Heinous Crime Law
ARTICLE 117 ARTICLE 122

ESPIONAGE PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS OR IN PHILIPPINE WATERS
Acts punished
1. By entering, without authority therefore, a Acts Punished as Piracy
warship, fort or naval or military 1. Attacking or seizing a vessel on the high seas
establishment or reservation to obtain any or in Philippine waters;
information, plans, photograph or other data 2. Seizing in the vessel while on the high seas or
of a confidential nature relative to the in Philippine waters the whole or part of its
defense of the Philippines; cargo, its equipment or personal belongings of
Elements its complement or passengers.
a. Offender enters any of the places
mentioned; Elements of Piracy
b. He has no authority therefore; 1. The vessel is on the high seas or
c. His purpose is to obtain information, Philippine waters;
plans, photographs or other data of a 2. Offenders are neither members of its
confidential nature relative to the complement nor passengers of the vessel;
defense of the Philippines. 3. Offenders either
a. attack or seize a vessel on the high seas
2. By disclosing to the representative of a or in Philippine waters; or
foreign nation the contents of the articles, b. seize in the vessel while on the high seas
data or information referred to in paragraph or in Philippine waters the whole or part
1 of Article 117, which he had in his of its cargo, its equipment or personal
possession by reason of the public office he belongings of its complement or
holds. passengers;
Elements 4. There is intent to gain.
a. Offender is a public officer;
b. He has in his possession the articles, data Originally, the crimes of piracy and mutiny can
or information referred to in paragraph 1 only be committed in the high seas, that is,
of Article 117, by reason of the public outside Philippine territorial waters. But in
office he holds; August 1974, Presidential Decree No. 532 (The
c. He discloses their contents to a Anti-Piracy and Anti-Highway Robbery Law of
representative of a foreign nation. 1974) was issued, punishing piracy, but not
mutiny, in Philippine territorial waters. Thus
This crime is committed in times of war and came about two kinds of piracy: (1) that which is
peace punished under the Revised Penal Code if
committed in the high seas; and (2) that which is
Q. The offender goes to Camp Crame and punished under Presidential Decree No. 532 if
gets confidential information relative to committed in Philippine territorial waters.
national security. Is he liable? Amending Article 122, Republic Act No. 7659
A. No. Crame or PNP is not a military included therein piracy in Philippine waters,
establishment or institution. thus, pro tanto superseding Presidential Decree
No. 532. As amended, the article now punishes
*ARTICLE 118 piracy, as well as mutiny, whether committed in
INCITING TO WAR OR GIVINING MOTIVES the high seas or in Philippine territorial waters,
FOR REPRISALS and the penalty has been increased to reclusion
perpetua from reclusion temporal.
*ARTICLE 119
VIOLATION OF NEUTRALITY But while under Presidential Decree No. 532,
piracy in Philippine waters could be committed
*ARTICLE 120 by any person, including a passenger or member
CORRESPONDENCE WITH HOSTILE of the complement of a vessel, under the
COUNTRY amended article, piracy can only be committed
by a person who is not a passenger nor member

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of the complement of the vessel irrespective of QUALIFIED PIRACY
venue. So if a passenger or complement of the
vessel commits acts of robbery in the high seas, Elements
the crime is robbery, not piracy. 1. The vessel is on the high seas or
Philippine waters;
Note, however, that in Section 4 of Presidential
2. Offenders may or may not be members
Decree No. 532, the act of aiding pirates or
of its complement, or passengers of the
abetting piracy is penalized as a crime distinct
vessel;
from piracy. Said section penalizes any person
3. Offenders either
who knowingly and in any manner aids or
a. attack or seize the vessel; or
protects pirates, such as giving them information
b. seize the whole or part of the cargo, its
about the movement of the police or other peace
equipment., or personal belongings of the
officers of the government, or acquires or
crew or passengers;
receives property taken by such pirates, or in
any manner derives any benefit therefrom; or
The preceding were committed under any of the
who directly or indirectly abets the commission
following circumstances:
of piracy. Also, it is expressly provided in the
a. whenever they have seized a vessel by
same section that the offender shall be
boarding or firing upon the same;
considered as an accomplice of the principal
b. whenever the pirates have abandoned
offenders and punished in accordance with the
their victims without means of saving
Revised Penal Code. This provision of
themselves; or
Presidential Decree No. 532 with respect to
c. whenever the crime is accompanied by
piracy in Philippine water has not been
murder, homicide, physical injuries or
incorporated in the Revised Penal Code. Neither
rape
may it be considered repealed by Republic Act
No. 7659 since there is nothing in the
Q. Why is it qualified?
amendatory law is inconsistent with said section.
A. Because it has circumstances.
Apparently, there is still the crime of abetting
piracy in Philippine waters under Presidential
Note: Irrespective of the number of persons
Decree No. 532.
murdered, injured or raped in the course of
Considering that the essence of piracy is one of piracy.
robbery, any taking in a vessel with force upon There is only one composite crime of piracy.
things or with violence or intimidation against
person is employed will always be piracy. It CRIMES AGAINST THE FUNDAMENTAL LAWS
cannot co-exist with the crime of robbery. OF THE STATE
Robbery, therefore, cannot be committed on
board a vessel. But if the taking is without Crimes against the fundamental laws of the
violence or intimidation on persons of force upon State
things, the crime of piracy cannot be committed, 1. Arbitrary detention (Art. 124);
but only theft. 2. Delay in the delivery of detained persons to
the proper judicial authorities (Art. 125);
PIRACY is a crime against humanity (hostes 3. Delaying release (Art. 126);
humanes generis) 4. Expulsion (Art. 127);
5. Violation of domicile (Art. 128);
Notes: 6. Search warrants maliciously obtained and
PD 532 offenders are passengers and abuse in the service of those legally
committed in territorial waters. obtained (Art. 129);
Vessel includes bancas, rafts, or any water raft 7. Searching domicile without witnesses (Art.
used in transporting people who commute from 130);
one place to another. 8. Prohibition, interruption, and dissolution of
peaceful meetings (Art. 131);
Mutiny vs. Piracy 9. Interruption of religious worship (Art. 132); 10.
1. Piracy is the unlawful taking of personal Offending the religious feelings (Art. 133);
property (basically its robbery) with intent to
gain while mutiny is the raising of commotion to ARTICLE 124
defy authorities. ARBITRARY DETENTION
2. As to offenders
Mutiny is committed by members of the Elements
complement or the passengers of the vessel. 1. Offender is a public officer or employee;
Piracy is committed by persons who are not 2. He detains a person;
members of the complement or the passengers 3. The detention is without legal grounds.
of the vessel. (Comes from outside the vessel)
Note: What is important is that the principal Meaning of absence of legal grounds
offender is neither a passenger nor a member. 1. No crime was committed by the detained;
Strength of the offender is immaterial. 2. There is no violent insanity of the detained
3. As to criminal intent person; and
In mutiny, there is no criminal intent. 3. The person detained has no ailment which
In piracy, the criminal intent is for gain. requires compulsory confinement in a
ARTICLE 123 hospital.

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brought to Fiscal Saskia xxx What if Fiscal
Notes: Saskia did not act on the case, can the
The offender is a public officer or employee arresting officer be held liable for Art. 125?
who has the authority to detain a person A. Yes. Because the fiscal is not a judicial
Detention is unlawful from the beginning authority.
Consider the period of detention for purposes
Note: If fiscal did not act on the case, sue the
of imposing the penalty
him administratively
If detention is with legal ground, do not
consider the period of detention (legal grounds
*ARTICLE 126
commission of a crime, insanity)
DELAYING RELEASE
ARTICLE 125
ARTICLE 127
DELAY IN THE DELIVERY OF DETAINED
EXPULSION
PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
Elements
1. Offender is a public officer or employee;
Elements
2. He either
a. expels any person from the Philippines;
2. He detains a person for some legal
or
ground;
b. compels a person to change residence;
3. He fails to deliver such person to the
3. Offender is not authorized to do so by law.
proper judicial authorities within
a. 12 hours for light penalties; Note: Only the President can order expulsion
b. 18 hours for correctional penalties;
and ARTICLE 128
c. 36 hours for afflictive or capital VIOLATION OF DOMICILE
penalties
Elements
Notes: 1. Offender is a public officer or employee;
The detention is legal in the beginning but it 2. He is not authorized by judicial order to enter
becomes illegal after the lapse of a certain the dwelling or to make a search therein for
period of time papers or other effects.
Applies only in cases of warrantless arrest (but
take note of the exceptions ROC arrest is Acts punished
legal even if without warrant of arrest) 1. Entering any dwelling against the will of the
Sec. 5, Rule 113, Rules of Court: owner thereof;
A peace officer or a private person may 2. Searching papers or other effects found
without a warrant, arrest a person: therein without the previous consent of such
a.) When in his presence, the person to be owner; or
arrested has committed, is actually 3. Refusing to leave the premises, after having
committing or is attempting to commit an surreptitiously entered said dwelling and
offense after having been required to leave the same
b.) When an offense has just been committed
and he has probable cause to believe based Q. When it is unlawful?
on personal knowledge of facts or A. Without will or consent of the occupant,
circumstances that the person to be arrested surreptitiously, with express or implied
has committed it. prohibition
c.) When the person to be arrested is a
prisoner who has escaped from a penal Art. 128 vs. Art. 280
establishment or place where he is serving Art. 128 Art. 280
final judgment or is temporarily confined while Offender is a public Offender is a private
his case is pending or has escaped while being officer or employee individual
transferred from one confinement to another
d.) Sec. 13, Rule 113 If a person lawfully
arrested escapes or is rescued, any person Notes:
may immediately pursue or retake him without Warrant of arrest makes the arrest of a person
a warrant at any time and in any place within lawful
the Philippines. Search warrant makes the entry lawful
There is a legal ground for detention If with search warrant but it was used with
Arrest is legal if it is effected with warrant of excessive authority or caused unnecessary
arrest damage or destruction, officers will be liable
The person lawfully arrested must be brought for violation of domicile
to the fiscal for purposes of inquest
The fiscal is not a judicial officer so he cannot ARTICLE 129
issue a warrant of arrest or confinement SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF
Q. Arresting officer Charles lawfully THOSE LEGALLY OBTAINED
arrested Ayce without a warrant. She was

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Acts punished constitutional commissions, its committees,
1. Procuring a search warrant without just etc. (Art. 150);
cause; 16. Resistance and disobedience to a person in
Elements authority or the agents of such person (Art.
a. Offender is a public officer or employee; 151);
b. He procures a search warrant;
c. There is no just cause. 17. Tumults and other disturbances of public
2. Exceeding his authority or by using order (Art. 153);
unnecessary severity in executing a search 18. Unlawful use of means of publication and
warrant legally procured. unlawful utterances (Art. 154);
19. Alarms and scandals (Art. 155);
Elements 20. Delivering prisoners from jails (Art. 156);
a. Offender is a public officer or employee; 21. Evasion of service of sentence (Art. 157);
b. He has legally procured a search warrant; 22. Evasion on occasion of disorders (Art. 158);
c. He exceeds his authority or uses 23. Violation of conditional pardon (Art. 159);
unnecessary severity in executing the 24. Commission of another crime during service
same. of penalty imposed for another previous
offense (Art. 160).
Notes:
Still liable in addition to whatever liability ARTICLE 134
attaching to the offender for the commission REBELLION OR INSURRECTION
of any other offense
Application of search warrant is made under Purpose: to overthrow the duly constituted
oath in the court government
Elements
Q. What if the public officer obtained a 1. There is a public uprising and taking arms
search warrant but made a false statement against the government;
under oath, what are his liabilities? 2. The purpose of the uprising or movement is
A. Art. 129 + perjury (maliciously obtained) a. to remove from the allegiance to the
government or its laws Philippine
*ARTICLE 130 territory or any part thereof, or any body
SEARCHING DOMICILE WITHOUT WITNESS of land, naval, or other armed forces; or
b. to deprive the Chief Executive or
*ARTICLES 131 Congress, wholly or partially, of any of
PROHIBITION, INTERRUPTION AND their powers or prerogatives.
DISSOLUTION OF PEACEFUL MEETINGS
Notes:
*ARTICLE 132 Always with public uprising
INTERRUPTION OF RELIGIOUS WORSHIP If committed for private purpose without any
political reason separate
*ARTICLE 133 The purpose is to overthrow the government
OFFENDING THE RELIGIOUS FEELINGS Civilians backed-up by military
CRIMES AGAINST Common crimes committed in pursuance of
PUBLIC ORDER rebellion are absorbed in rebellion (absorption
theory). It is absorbed because it is part of the
Crimes against public order commission of rebellion
1. Rebellion or insurrection (Art. 134); Common Crimes with Rebellion:
2. Conspiracy and proposal to commit rebellion 1. Murder
(Art. 136); 2. Homicide
3. Disloyalty to public officers or employees 3. Physical Injuries
(Art. 137); 4. Theft
4. Inciting to rebellion (Art. 138); illegal possession of firearms if done or used
5. Sedition (Art. 139); in the commission of murder or homicide, shall
6. Conspiracy to commit sedition (Art. 141); be considered as aggravating (it is not treated
7. Inciting to sedition (Art. 142); separately) but if used in committing another
8. Acts tending to prevent the meeting of crime other than murder or homicide,
Congress and similar bodies (Art. 143); absorbed in rebellion
9. Disturbance of proceedings of Congress or Simple illegal possession penalty depending
similar bodies (Art. 144); on the caliber
10. Violation of parliamentary immunity (Art.
145); ARTICLE 134-A
11. Illegal assemblies (Art. 146); COUP D ETAT
12. Illegal associations (Art. 147); Elements
13. Direct assaults (Art. 148); 1. Offender is a person or persons belonging to
14. Indirect assaults (Art. 149); the military or police or holding any public
15. Disobedience to summons issued by office or employment;
Congress, its committees, etc., by the

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2. It is committed by means of a swift attack a. To prevent the promulgation or execution
accompanied by violence, intimidation, of any law or the holding of any popular
threat, strategy or stealth; election;
3. The attack is directed against the duly
constituted authorities of the Republic of the b. To prevent the national government or
Philippines, or any military camp or any provincial or municipal government,
installation, communication networks, public or any public officer from exercising its or
utilities or other facilities needed for the his functions or prevent the execution of
exercise and continued possession of power; an administrative order;
4. The purpose of the attack is to seize or c. To inflict any act of hate or revenge upon
diminish state power. the person or property of any public
officer or employee;
Rebellion vs. Coup d etat d. To commit, for any political or social end,
Rebellion Coup d etat any act of hate or revenge against
1. Purpose is to 1. Purpose is not to private persons or any social classes;
overthrow the duly overthrow but to e. To despoil for any political or social end,
constituted diminish state powers any person, municipality or province, or
government the national government of all its
2. Always with public 2. By violence, property or any part thereof.
uprising intimidation or threat
3. Persons involved 3. Persons involved Notes:
are civilians backed are military backed Memorize the objects of sedition
up by military up by civilians Sedition creating commotion, no purpose of
overthrowing, to express dissent
Maybe for political reasons
ARTICLE 136 Public uprising + objects of sedition = sedition
CONSPIRACY AND PROPOSAL TO COMMIT Common crimes committed are not absorbed
COUP D ETAT, REBELLION OR (no absorption theory) so they are penalized
INSURRECTION separately
Conspiracy and proposal to commit rebellion are Rebellion vs. Sedition
two different crimes, namely:
Rebellion Sedition
1. Conspiracy to commit rebellion; and
To overthrow the Public uprising but
2. Proposal to commit rebellion.
government / there not to overthrow /
must be taking up or sufficient that the
Conspiracy to commit rebellion - when two or
arms against the public uprising be
more persons come to an agreement to rise
government tumultuous.
publicly and take arms against government for
any of the purposes of rebellion and decide to
The purpose is always Purpose may be
commit it.
political. political or social
*ARTICLE 137
DISLOYALTY OF PUBLIC OFFICERS OR
Persons liable for sedition under Article
EMPLOYEES
140
1. The leader of the sedition; and
ARTICLE 138
2. Other person participating in the sedition.
INCITING TO REBELLION OR INSURRECTION
ARTICLE 141
Elements
CONSPIRACY TO COMMIT SEDITION
1. Offender does not take arms or is not in open
hostility against the government;
There must be an agreement and a decision to
2. He incites others to the execution of any of
rise publicly and tumultuously to attain any of
the acts of rebellion;
the objects of sedition.
3. The inciting is done by means of speeches,
proclamations, writings, emblems, banners
There is no proposal to commit sedition.
or other representations tending to the same
end.
ARTICLE 142
INCITING TO SEDITION
Inciting urging the people to rise-up
Acts punished
ARTICLE 139
1. Inciting others to the accomplishment of any
SEDITION
of the acts which constitute sedition by
means of speeches, proclamations, writings,
Elements
emblems, etc.;
1. Offenders rise publicly and tumultuously;
2. Uttering seditious words or speeches which
2. Offenders employ force, intimidation, or
tend to disturb the public peace;
other means outside of legal methods;
3. Writing, publishing, or circulating scurrilous
3. Purpose is to attain any of the following
libels against the government or any of the
objects:

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duly constituted authorities thereof, which the crime of treason, rebellion or
tend to disturb the public peace. insurrection, sedition, or assault upon person
in authority or his agents.
Elements
1. Offender does not take direct part in Elements
the crime of sedition; a. There is a meeting, a gathering or group
2. He incites others to the of persons, whether in a fixed place or
accomplishment of any of the acts which moving;
constitute sedition; b. The audience, whether armed or not, is
3. Inciting is done by means of incited to the commission of the crime of
speeches, proclamations, writings, emblems, treason, rebellion or insurrection, sedition
cartoons, banners, or other representations or direct assault.
tending towards the same end.
Notes:
Rules relative to seditious words: There must be an assembly actual
1. Clear and Present Danger Rule the assemblage of persons whether armed or
words must be of such nature that by uttering unarmed
them there is a danger of a public uprising and Offender should have attended the assembly
that such danger should be both clear and
imminent. There must be reasonable ground to ARTICLE 147
believe that the danger apprehended is ILLEGAL ASSOCIATIONS
imminent and that the evil to be prevented is a
serious one. There must be probability of serious Illegal associations
injury to the State. Present refers to time
1. Associations totally or partially organized for
element. The danger must not only be probable
the purpose of committing any of the crimes
but very likely inevitable.
punishable under the Code;
2. Dangerous Tendency Rule if the words
2. Associations totally or partially organized for
used tend to create a danger of public uprising
some purpose contrary to public morals
then those words could properly be the subject
of a penal clause. There is inciting to sedition
Persons liable
when the words uttered or published could easily
1. Founders, directors
produce disaffection among the people and a
and president of the association;
state of feeling in them incompatible with a
2. Mere members of the association.
disposition to remain loyal to the Government
and obedient to the laws.
Note: It is the purpose that makes it illegal
Note:
ARTICLE 148
R.A. 1700 did not repeal all other laws relating to
DIRECT ASSAULT
subversion
Acts punished
*ARTICLE 143
1. Without public uprising, by employing force
ACTS TENDING TO PREVENT THE MEETING
or intimidation for the attainment of any of
OF THE CONGRESS OF THE PHILIPPINES
the purposes enumerated in defining the
AND SIMILAR BODIES
crimes of rebellion and sedition;
Elements
*ARTICLE 144
a. Offender employs force or intimidation;
DISTURBANCE OF PROCEEDINGS
b. The aim of the offender is to attain any of
the purposes of the crime of rebellion or
*ARTICLE 145
any of the objects of the crime of
VIOLATION OF PARLIAMENTARY IMMUNITY
sedition;
c. There is no public uprising.
ARTICLE 146
2. Without public uprising, by attacking, by
ILLEGAL ASSEMBLIES
employing force or by seriously intimidating
or by seriously resisting any person in
Acts punished
authority or any of his agents, while engaged
1. Any meeting attended by armed persons for
in the performance of official duties, or on
the purpose of committing any of the crimes
occasion of such performance.
punishable under the Code;
Elements
Elements
a. Offender makes an attack, employs force,
a. There is a meeting, a gathering or group
makes a serious intimidation, or makes a
of persons, whether in fixed place or
serious resistance;
moving;
b. The person assaulted is a person in
b. The meeting is attended by armed
authority or his agent;
persons;
c. At the time of the assault, the person in
c. The purpose of the meeting is to commit
authority or his agent is engaged in the
any of the crimes punishable under the
actual performance of official duties, or
Code.
that he is assaulted by reason of the past
2. Any meeting in which the audience, whether
performance of official duties;
armed or not, is incited to the commission of

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d. Offender knows that the one he is RESISTANCE AND DISOBEDIENCE TO A
assaulting is a person in authority or his PERSON IN AUTHORITY OR THE AGENTS OF
agent in the exercise of his duties. SUCH PERSON
e. There is no public uprising.
Who are deemed persons in authority and
Forms of Direct Assault: agents of persons in authority under
1. Shall employ force or intimidation xxx Article 152
Rebellion vs. Direct Assault Person in authority - one directly vested with
Rebellion Direct Assault jurisdiction, that is, the power and authority to
With public uprising Without public govern and execute the laws.
uprising (1st form of
direct assault) An agent of a person in authority is one charged
with:
2. Shall attack, employs force, makes a serious (1) the maintenance of public order and
intimidation xxx (2) the protection and security of life and
Persons in authority see Art. 152 property.
Agent must also be performing an official
duty Examples of persons in authority
Engaged in the performance motive is 1. Municipal mayor;
immaterial so whatever is the reason of the 2. Division superintendent of
attack or even if it is a private matter and schools;
nothing to do with the functions of the person 3. Public and private school
On the occasion of such performance or past teachers;
performance (must prove that the motive to 4. Teacher-nurse;
assault was because of past performance) 5. President of sanitary division;
6. Provincial fiscal;
If not past performance physical injuries not
7. Justice of the Peace;
assault
8. Municipal councilor;
Example
9. Barrio captain and barangay
Judge Faye was attacked by an ex-convict (judge
chairman.
was the one who sentenced the convict)
Note:
ARTICLE 149
The third paragraph is not applicable to indirect
INDIRECT ASSAULT
assault because it is only for the purpose of
Articles 148 and 151. Hence, when a person
Elements
comes to the aid of a teacher there is no indirect
1. A person in authority or his agent is the
assault.
victim of any of the forms of direct assault
*ARTICLE 153
defined in Article 148;
TUMULTS AND OTHER DISTURBCANCES OF
2. A person comes to the aid of such
PUBLIC ORDER
authority or his agent;
3. Offender makes use of force or
*ARTICLE 154
intimidation upon such person coming to the
UNLAWFUL USE OF MEANS OF
aid of the authority or his agent.
PUBLICATION AND UNLAWFUL UTTERANCES
Notes:
ARTICLE 155
Can only be committed when there is direct ALARMS AND SCANDALS
assault
There are 3 persons involved Acts Punished
Agents of persons in authority when the 1. Discharging any firearm, rocket, firecracker,
agent is performing his own official duty and or other explosive within any town or public
not acting as a third person place, calculated to cause (which produces)
alarm of danger;
Example 2. Instigating or taking an active part in any
A teacher (person in authority) was attacked and charivari or other disorderly meeting
somebody helped the teacher and was also offensive to another or prejudicial to public
attacked. No indirect assault. Note that teachers tranquility;
and professors will apply only to Articles 148 and 3. Disturbing the public peace while wandering
151 only. about at night or while engaged in any other
nocturnal amusements;
*ARTICLE 150 4. Causing any disturbance or scandal in public
DISOBEDIENCE TO SUMMONS ISSUED BY places while intoxicated or otherwise,
CONGRESS, ITS COMMITTEES OR provided Article 153 in not applicable.
SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSIONS, ITS COMMITTEES, When a person discharges a firearm in
SUBCOMMITTEES OR DIVISIONS public, the act may constitute any of the
possible crimes under the Revised Penal
*ARTICLE 151 Code:

CRIMINAL LAW REVIEW
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(1) Alarms and EVASION OF SERVICE OF SENTENCE ON THE
scandals if the firearm when discharged OCCASION OF DISORDERS,
was not directed to any particular person; CONFLAGRATIONS, EARTHQUAKES OR
(2) Illegal discharge of firearm under Article OTHR CALAMITIES
254 if the firearm is directed or pointed
to a particular person when discharged ARTICLE 159
but intent to kill is absent; OTHER CASES OF EVASION OF SERVICE OF
(3) Attempted homicide, murder, or parricide SENTENCE
if the firearm when discharged is directed
against a person and intent to kill is Elements of violation of conditional pardon
present. 1. Offender was a convict;
2. He was granted pardon by the Chief
Notes: Executive;
Crime against public order, hence, offender 3. He violated any of the conditions of such
cannot avail of probation pardon.
Not aimed at anybody and discharged
If aimed and not discharged grave threats Notes:
If aimed (must be particular) at someone and Violation of conditional pardon
discharged but no intent to kill Art. 254 There must be conviction of a new crime
(Discharge of firearm) before it can be applicable
If directed at someone with intent to kill and it
was discharged attempted homicide or ARTICLE 160
murder COMMISSION OF ANOTHER CRIME DURING
Art. 155 vs. Art. 254 (Discharge of firearm) SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
Art. 155 Art. 254
Purpose is to scare Purpose is to shoot Elements
another. It is aimed & 1. Offender was already convicted by final
discharged but with judgment of one offense;
no intent to kill. 2. He committed a new felony before beginning
to serve such sentence or while serving the
ARTICLE 156 same.
DELIVERING PRISONERS FROM JAIL
Notes:
Elements Quasi-recidivism
1. There is a person confined in a jail or penal Person after having been convicted by final
establishment; judgment shall commit a new felony before
2. Offender removes therefrom such person, or beginning to serve such sentence or while
helps the escape of such person. serving the same
The penalty for the new crime in its maximum,
Note: mitigating circumstance will not be considered
Preventive imprisonment non-bailable Second crime must be a felony
offense or with bail but the person has no
money to bail. CRIMES AGAINST PUBLIC INTEREST
Art. 156 vs. Art. 157 Crimes against public interest

Art. 156 Art. 157 1. Counterfeiting the great seal of the
Without final With final judgment. Government of the Philippines (Art. 161);
judgment Does not cover 2. Using forged signature or counterfeiting seal
detention period. or stamp (Art. 162);
3. Making and importing and uttering false
coins (Art. 163);
ARTICLE 157
4. Mutilation of coins, importation and uttering
EVASION OF SERVICE OF SENTENCE
of mutilated coins (Art. 164);
5. Selling of false or mutilated coins, without
Elements
connivance (Art. 165);
1. Offender is a convict by final judgment; 6. Forging treasury or bank notes or other
2. He is serving sentence which consists in documents payable to bearer, importing and
the deprivation of liberty; uttering of such false or forged notes and
3. He evades service of his sentence by documents (Art. 166);
escaping during the term of his 7. Counterfeiting, importing and uttering
imprisonment. instruments not payable to bearer (Art. 167);
8. Illegal possession and use of forged treasury
Notes: or bank notes and other instruments of credit
There must be final judgment. (Art. 168)
Does not apply to detention prisoners. 9. Falsification of legislative documents (Art.
170);
*ARTICLE 158 10. Falsification by public officer, employee or
notary (Art. 171);
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11. Falsification by private individuals and use of *Article 167
falsified documents (Art. 172); Counterfeiting, Importing, and Uttering
12. Falsification of wireless, cable, telegraph and Instruments Not Payable to Bearer
telephone messages and use of said falsified
messages (Art. 173); ARTICLE 168
13. False medical certificates, false certificates of ILLEGAL POSSESSION AND USE OF FALSE
merit or service (Art. 174); TREASURY OR BANK NOTES AND OTHER
14. Using false certificates (Art. 175); INSTRUMENTS OF CREDIT
15. Manufacturing and possession of instruments
or implements for falsification (Art. 176); Elements
16. Usurpation of authority or official functions 1. Any treasury or bank note or certificate or
(Art. 177); other obligation and security payable to
17. Using fictitious name and concealing true bearer, or any instrument payable to order or
name (Art. 178); other document of credit not payable to
18. Illegal use of uniforms or insignia (Art. 179); bearer is forged or falsified by another
19. False testimony against a defendant (Art. person;
180); 2. Offender knows that any of those
20. False testimony favorable to the defendant instruments is forged or falsified;
(Art. 181); 3. He either
21. False testimony in civil cases (Art. 182); a. uses any of such forged or falsified
22. False testimony in other cases and perjury instruments; or
(Art. 183); b. possesses with intent to use any of such
23. Offering false testimony in evidence (Art. forged or falsified instruments
184); Note:
24. Machinations in public auction (Art. 185); It is not enough that you caught him in
25. Monopolies and combinations in restraint of possession xxx make sure that it is falsified
trade (Art. 186);
26. Importation and disposition of falsely marked How forgery is committed under Article
articles or merchandise made of gold, silver, 169
or other precious metals or their alloys (Art. 1. By giving to a treasury or bank note or
187); any instrument payable to bearer or to
27. Substituting and altering trademarks and order mentioned therein, the appearance
trade names or service marks (Art. 188); of a true and genuine document;
28. Unfair competition and fraudulent 2. By erasing, substituting, counterfeiting,
registration of trademark or trade name, or or altering by any means the figures,
service mark; fraudulent designation of letters, words, or sign contained therein.
origin, and false description (Art. 189).
*Article 170
*Article 161 Falsification of Legislative Documents
Counterfeiting the Great Seal of the
Government of the Philippine Islands, ARTICLE 171
Forging the Signature or Stamp of the FALSIFICATION BY PUBLIC OFFICER,
Chief Executive EMPLOYEE OR NOTARY OR ECCLESIASTICAL
MINISTER
*Article 162
Using Forged Signature or Counterfeit Seal Elements
or Stamp 1. Offender is a public officer, employee, or
notary public;
*Article 163 2. He takes advantage of his official position;
Making and Importing and Uttering False 3. He falsifies a document by committing any of
Coins the following acts:
a. Counterfeiting or imitating any
*Article 164 handwriting, signature or rubric;
Mutilation of Coins b. Causing it to appear that persons have
Reducing the quality of coins. Reduction of participated in any act or proceeding
content. when they did not in fact so participate;
c. Attributing to persons who have
*Article 165 participated in an act or proceeding
Selling of False or Mutilated Coin, without statements other than those in fact made
Connivance by them;
d. Making untruthful statements in a
*Article 166 narration of facts;
Forging Treasury or Bank Notes or Other e. Altering true dates;
Documents Payable to Bearer; Importing f. Making any alteration or intercalation in a
and Uttering Such False or Forged Notes genuine document which changes its
and Documents meaning;
g. Issuing in an authenticated form a
Utterance you deliver or issue document purporting to be a copy of
an original document when no such

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original exists, or including in such a copy committed with intent to cause such
a statement contrary to, or different damage.
from, that of the genuine original; or
h. Intercalating any instrument or note Note:
relative to the issuance thereof in a Intent to cause damage is not an element for a
protocol, registry, or official book. public document
4. In case the offender is an ecclesiastical
minister who shall commit any of the Elements under the last paragraph
offenses enumerated, with respect to any In introducing in a judicial proceeding
record or document of such character that its 1. Offender knew that the document was
falsification may affect the civil status of falsified by another person;
persons. 2. The false document is in Articles 171 or
172 (1 or 2);
Example - No. 3 (b) 3. He introduced said document in evidence
Deed of Sale executed by A and B in favor of C. in any judicial proceeding.
A and B did not really sell the property.
Notes:
Example No. 3 (g) For possession, use or introduction
Attesting or certifying to the fact that the Establish first that the document is
document is genuine. Making a false statement falsified
of a document.
Perjury also contains false
statements. Perjury should relate to the
Example No. 3 (h)
subject matter of the litigation while
Omitting words or inserting words. Volume 3
falsification is making a false statement
making it volume 5.
whether or not it is material to the
investigation.
Art. 171 vs. Art. 172
If notarized and made under oath
Art. 171 Art. 172
public document
Both refer to falsification
Regular Complex Crimes:
Offender is a public Offender is a private 1. Compound crime
officer, employee, individual
notary public,
2. Complex crime proper - one crime is a
ecclesiastical minister necessary means to commit the other
crime.
It covers public It covers public or
Example
documents private documents
Estafa thru falsification of public document. You
first commit falsification then estafa (2 crimes).
ARTICLE 172
Please correct page 29 under complex crime
FALSIFICATION BY PRIVATE INDIVIDUAL
proper. This should be the example.
AND USE OF FALSIFIED DOCUMENTS
Q. Why is there no complex crime of estafa
Acts punished
thru falsification of private documents?
1. Falsification of public, official or commercial
A. Because falsification under Art. 172 and
document by a private individual;
estafa have the same element which is intent to
2. Falsification of private document by any
cause damage. A single element cannot be used
person;
for 2 crimes. Note that intent to cause damage is
3. Use of falsified document.
not an element of a public document.
Elements under paragraph 1
*Article 173
1. Offender is a private individual or public
Falsification of Wireless, Cable, Telegraph
officer or employee who did not take
and Telephone Messages, and Use of Said
advantage of his official position;
Falsified Messages
2. He committed any act of falsification;
3. The falsification was committed in a
*Article 174
public, official, or commercial document or
False Medical Certificates, False
letter of exchange.
Certificates of Merits or Service, Etc.
Elements under paragraph 2
*Article 175
1. Offender committed any of the acts of
Using False Certificates
falsification except Article 171(7), that is,
issuing in an authenticated form a
*Article 176
document purporting to be a copy of an
Manufacturing and Possession of
original document when no such original
Instruments or Implements for Falsification
exists, or including in such a copy a
statement contrary to, or different from,
ARTICLE 177
that of the genuine original;
USURPATION OF AUTHORITY OR OFFICIAL
2. Falsification was committed in any
FUNCTIONS
private document;
3. Falsification causes damage to a third
Acts punished
party or at least the falsification was

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

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false statement upon a material matter Elements of attempting to cause bidders to stay
(different from pertinent matter). This is not a away:
crime but the one who induced shall be liable for 1. That there be a public auction
perjury as principal by inducement and the one 2. That the accused attempted to cause the
induced for perjury as principal by direct bidders to stay away from that public auction
participation. Note: liable only when conspiracy 3. That it was done by threats, gifts, promises or
is proven. any other artifice
4. That the accused had the intent to cause the
Q. What if the person induced executed the reduction of the price of the thing auctioned.
affidavit? Is the person who induced the
other liable for subornation? Example
A. The person who induced the other is not There is a public auction and you threaten the
liable. There is no subornation of perjury. But he other bidder so he will not participate in the
will be liable for perjury by inducement because auction.
there is conspiracy between them.
ARTICLE 186
Q. What if the person induced refused to MONOPOLIES AND COMBINATIONS IN
execute the document, will he be held RESTRAIN OF TRADE
liable?
A. No. Acts punished:
1. Combination to prevent free competition in
Art. 180 vs. Art. 181 vs. Art. 182 vs. Art. the market.
183 2. Monopoly to restrain free competition in the
Art. Art. Art. Art. 183 market.
180 181 182 3. Manufacturer, producer, or processor or
Crimina Criminal Ordinary Other cases importer combining, conspiring or agreeing with
l cases Case civil other than any person to make transactions prejudicial to
cases criminal case lawful commerce or to increase the market price
and ordinary of merchandise.
civil cases Ex.
special Monopoly controlling one industry in restraint
proceedings of trade.
hospitalization Combination join forces to exclude others in
of insane restraint of trade.
person
Against In favor Example
the of the You try to control one business or industry. Note
defen- defen- that the mere monopoly is not penalized but
dant dant there should be monopoly in restraint of trade.
*ArtIcle 184 *Article 187

Offering False Testimony in Evidence Importation and disposition of falsely
marked articles or merchandise made of
ARTICLE 185 gold, silver, or other precious metals or
MACHINATIONS IN PUBLIC AUCTIONS their alloys
Purposes: *Article 188

1. To cause the reduction of the price of the Substituting and altering trademarks,
thing auctioned. trade names or service marks.
2. To prevent bidders to take part in the auction.
*Article 189
Acts punishable: Unfair competition, fraudulent registration
1. By soliciting any gift or promise as a of trade name, trademark or service mark,
consideration for refraining from taking part in fraudulent designation of origin and false
any public auction description
2. By attempting to cause bidders to stay away
from an auction by threats, gifts, promises or Articles 188 and 189 are covered by the
any other artifice. Intellectual Property Code.
Elements of soliciting gift or promise:
1. That there be a public auction. Articles 190, 191, 192 and 193 were
2. That the accused solicited any gift or a repealed by R.A. 9165 known as the
promise from any of the bidders Comprehensive Dangerous Drugs Act of
3. That such gift or promise was the 2002
consideration for his refraining from taking part
in the public auction. CRIMES AGAINST PUBLIC MORALS
4. That the accused had the intent to cause the 1. Gambling (Art. 195
reduction of the price of the thing auctioned. 2. Importation, sale and possession of lottery
tickets or advertisements (Art. 196)
3. Betting in sport contests (Art. 197)

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4. Illegal betting on horse races (Art. 198) 7. Direct bribery (Art. 210);
5. Illegal cockfighting (Art. 199) 8. Indirect bribery (Art. 211);
6. Grave scandal (Art. 200) 9. Qualified bribery (Art. 211-A);
7. Immoral doctrines, obscene publications and 10. Corruption of public officials (Art. 212);
exhibitions (Art. 201) 11. Frauds against the public treasury and similar
8. Vagrancy and prostitution (Art. 202) offenses (Art. 213);
12. Other frauds (Art. 214);
*Note: The provisions of Article 195-199 as 13. Prohibited transactions (Art. 215);
well as those of PD 483 and 449, which are 14. Possession of prohibited interest by a public
inconsistent with PD 1602 are repealed officer (Art. 216);
15. Malversation of public funds or property
ARTICLE 200 Presumption of malversation (Art. 217)
GRAVE SCANDAL 16. Failure of accountable officer to render accounts
(Art. 218);
Elements: 17. Failure of a responsible public officer to render
1. That the offender performs an act or acts accounts before leaving the country (Art. 219);
2. That such act or acts be highly scandalous as 18. Illegal use of public funds or property
offending against decency or good customs (Art. 220);
3. That the highly scandalous conduct is not 19. Failure to make delivery of public funds or
expressly falling within any other article of this property (Art. 221);
Code. 20. Conniving with or consenting to evasion (Art.
4. That the act or acts complained of be 223);
committed in a public place or within the public 21. Evasion through negligence (Art. 224);
knowledge or view. 22. Escape of prisoner under the custody of a person
not a public officer (Art. 225);
Grave Scandal consists of acts which are 23. Removal, concealment or destruction of
offensive to decency and good customs which documents (Art. 226);
having been committed publicly, have given rise 24. Officer breaking seal (Art. 227);
to public scandal to persons who have 25. Opening of closed documents (Art. 228);
accidentally witnessed the same. 26. Revelation of secrets by an officer (Art. 229);
27. Public officer revealing secrets of private
individual (Art. 230);
28. Open disobedience (Art. 231);
ARTICLE 201 29. Disobedience to order of superior officer when
IMMORAL DOCTRINES, OBSCENE said order was suspended by inferior officer (Art.
PUBLICATIONS AND EXHIBITIONS AND 232);
INDECENT SHOWS 30. Refusal of assistance (Art. 233);
31. Refusal to discharge elective office (Art. 234);
This offense in any of the forms mentioned in the 32. Maltreatment of prisoners (Art. 235);
article is committed only when there is publicity. 33. Anticipation of duties of a public office (Art. 236);
34. Prolonging performance of duties and powers
ARTICLE 202 (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 38. Usurpation of judicial functions (Art. 241);
houses of ill-fame 39. Disobeying request for disqualification (Art. 242);
2. Ruffian or pimp 40. Orders or requests by executive officers to any
3. One who habitually associates with prostitutes judicial authority (Art. 243);
41. Unlawful appointments (Art. 244); and
Q. Who are prostitutes? 42. Abuses against chastity (Art. 245).
A. A woman is a prostitute when:
1. She habitually indulges in
a.) sexual intercourse or
b.) lascivious conduct Requsites to be a public officer under
2. for money or for profit Article 203
CRIMES COMMITTED BY
PUBLIC OFFICERS 1. Taking part in the performance of
public functions in the government;
1. Knowingly rendering unjust judgment (Art. 204); or
2. Judgment rendered through negligence (Art. Performing in said government or in any of
205); its branches public duties as an employee,
3. Unjust interlocutory order (Art. 206); agent or subordinate official, or any rank or
4. Malicious delay in the administration of justice class;
(Art. 207); 2. His authority to take part in the performance
5. Prosecution of offenses; negligence and of public functions or to perform public duties
tolerance (Art. 208); must be
6. Betrayal of trust by an attorney or solicitor a. By direct provision of the law;
Revelation of secrets (Art. 209); b. By popular election; or

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c. By appointment by competent authority. *Article 209. Betrayal of Trust by An
Attorney or Solicitor Revelation of
ARTICLE 204 Secrets
KNOWINGLY RENDERING UNJUST
JUDGMENT ARTICLE 210
DIRECT BRIBERY
Elements
1. Offender is a judge; Acts punished
2. He renders a judgment in a case submitted 1. Agreeing to perform, or performing, in
to him for decision; consideration of any offer, promise, gift or
3. Judgment is unjust; present an act constituting a crime, in
4. The judge knows that his judgment is unjust. connection with the performance of his
official duties;
Notes: 2. Accepting a gift in consideration of the
Articles 204 207 are committed by judges of execution of an act which does not constitute
trial courts and not judges of CA, SC and a crime, in connection with the performance
Sandiganbayan of his official duty;
to correct errors of judgment appeal 3. Agreeing to refrain, or by refraining, from
simple error in judgment is not penalized doing something which it is his official duty
because there is appeal to do, in consideration of gift or promise.
ARTICLE 205 Elements

JUDGMENT RENDERED THROUGH 1. Offender is a public officer within the scope
NEGLIGENCE of Article 203;
2. Offender accepts an offer or a promise or
Elements receives a gift or present by himself or
1. Offender is a judge; through another;
2. He renders a judgment in a case submitted 3. Such offer or promise be accepted, or gift or
to him for decision; present received by the public officer
3. The judgment is manifestly unjust; a. With a view to committing some
4. It is due to his inexcusable negligence or crime; or
b. In consideration of the execution
ignorance.
of an act which does not constitute a
crime, but the act must be unjust; or
ARTICLE 206
c. To refrain from doing something
UNJUST INTERLOCUTORY ORDER
which it is his official duty to do.
4. The act which offender agrees to perform or
Elements
which he executes be connected with the
1. Offender is a judge;
performance of his official duties.
2. He performs any of the following acts:
a. Knowingly rendering an unjust Kinds of Bribery:
interlocutory order or decree; or 1. Direct
b. Rendering a manifestly unjust 2. Indirect
interlocutory order or decree through 3. Qualified
inexcusable negligence or ignorance.
Forms of Direct Bribery
Note: 1. In consideration of a price (agrees only or
Interlocutory order is made during the agrees to perform an act) accepting
pendency of action (but it is not final) consideration and actually performed the
duty
ARTICLE 207 2. Mere agreement without accepting the
MALICIOUS DELAY IN ADMINISTRATION OF consideration
JUSTICE 3. Accepted the consideration and he
Elements refrains from doing his official duty
1. Offender is a judge; (because there is a consideration)
2. There is a proceeding in his court;
3. He delays in the administration of justice; Note:
4. The delay is malicious, that is, with No frustrated bribery. Only attempted and
deliberate intent to inflict damage on either consummated.
party in the case.
ARTICLE 211
Note: INDIRECT BRIBERY
Exceeding 90 days and it should be malicious
(there should be malicious intent) Elements
1. Offender is a public officer;
*Article 208. Prosecution of Offenses; 2. He accepts gifts;
Negligence and Tolerance 3. The gifts are offered to him by reason of his
office.

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Notes: 4. Being otherwise guilty of the
He accepts the gift offered to him and he is misappropriation or malversation of such
not asked to refrain from doing his official duty funds or property.
In anticipation of future favors
The offender must perform an act to show Elements common to all acts of
that he is the owner of the gift malversation under Article 217
The public officer need not do anything but it 1. Offender is a public officer;
simply given a gift and accepted it by reason of 2. He had the custody or control of funds or
his office property by reason of the duties of his office;
3. Those funds or property were public funds or
Mendoza Case property for which he was accountable;
Facts: The teacher was arrested through 4. He appropriated, took, misappropriated or
entrapment (inaabot pa lang yung envelope consented or, through abandonment or
tapos inaresto) negligence, permitted another person to take
Held: That is not indirect bribery because the them.
teacher did not intend to own the money
Malversation committed by public officer
Pag inabot tapos nilagay sa bag then it is
indirect bribery Public funds or properties entrusted to a public
Officer who is accountable for such public funds
ARTICLE 211-A and he used it for personal use
QUALIFIED BRIBERY
Notes:
Elements In estafa there is abuse of confidence and it is
1. Offender is a public officer entrusted with law by
enforcement; means of deceit
2. He refrains from arresting or prosecuting an Malversation in relation to estafa see Art.
offender who has committed a crime; 315
3. Offender has committed a crime punishable paragraph 1 (something is given in trust to
by reclusion perpetua and/or death; somebody)
4. Offender refrains from arresting or Abuse of trust and confidence are both
prosecuting in consideration of any offer, present in
promise, gift, or present. malversation and estafa
Arts. 217 and 315 no transfer of ownership
Law Enforcement police officer or fiscal (only physical and juridical possession)
Circumstantial Evidence if he cannot return
Notes: or the fund entrusted upon demand, the
If he asks or demands for a gift, the penalty is presumption is that it was for personal
death purpose/s. The presumption arises when there is
no doubt at all that the fund or property should
*Article 212 be in the possession of the public officer and
Corruption of Public Officials that said fund was not utilized by the
government for any other purpose. When there
*Article 213 is a need to audit, the presumption will arise
Frauds Against the Public Treasury and once the audit is complete. It must be thorough.
Similar Offenses
Malversation vs. Estafa
*Article 214 M public officer is accountable
Other Frauds E offender is a private individual
*Article 215 Q. Can a private individual commit

Prohibited Transactions malversation? Solely?
A. Yes. But not solely
*Article 216 If he acted in conspiracy with a public officer
Possession of Prohibited Interest By A in
Public Officer the misappropriation of public funds (Art. 222)
but private individual cannot be held liable alone
ARTICLE 217 Benefited from the misappropriation
MALVERSATION OF PUBLIC FUNDS OR Malversation may be committed by a private
PROPERTY PRESUMPTION OF person who was constituted a custodian of
MALVERSATION property placed under cutodia legis which gives
it the character if public property accountability
Acts punished of the government.
1. Appropriating public funds or property;
2. Taking or misappropriating the same; *Article 218
3. Consenting, or through abandonment or Failure of Accountable Officer to Render
negligence, permitting any other person to Accounts
take such public funds or property; and
*Article 219

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Failure of A Responsible Public Officer to Usually committed by the jail warden
Render Accounts before Leaving the This is betrayal of obligation
Country
ARTICLE 224
ARTICLE 220 EVASION THROUGH NEGLIGENCE
ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY Elements
Elements 2. He is charged with the conveyance or
1. Offender is a public officer; custody of a prisoner or prisoner by final
2. There are public funds or property under his judgment;
administration; 3. Such prisoner escapes through
3. Such fund or property were appropriated by negligence.
law or ordinance;
4. He applies such public fund or property to Notes
any public use other than for which it was Usually committed by a jail warden
appropriated for. In this article the prisoner escapes but it is
not within the knowledge or consent of the
Concept: In malversation the public officer public officer
benefits by misappropriating the public funds Negligence must be proved. There must be
but in technical malversation the public officer total lack of performance of his obligation
does not benefit. Any public officer who shall
apply any public funds or property under his Example
administration to any public use other than that Gerard (a prisoner) asked the permission of
for which such funds or property were jail warden Kristoff that he will go to the
appropriated by laws or ordinances. comfort room. Jail warden Kristoff
accompanied Gerard and checked the
Notes: former checked the comfort room if there
This article is also known as technical are possible exit points and waited outside.
malversation After few minutes Kristoff found out that
No personal benefit on the part of the public Gerard escaped. Jail Warden Kristoff cannot
officer be held liable under Article 224 because
Damage is not an element there was no negligence on his part.
If funds were not yet appropriated by law or
ordinance - was applied to a public purpose by *Article 225
the custodian, the crime is plain and simple Escape of Prisoner under the Custody of a
malversation, not technical malversation. Person not a Public Officer
If the funds had been appropriated for a
particular public purpose, but the same was *Article 226
applied to private purpose, the crime committed Removal, Concealment, or Destruction of
is simple malversation only Documents
In technical malversation the fund or property
is allotted by specific law *Article 227
Officer Breaking Seal
Example
A fund according to a law or ordinance was *Article 228
allotted to a D project but the public officer Opening of Closed Documents
used it for E project.
*Article 229
Q. May technical malversation be Revelation of Secrets by An Officer
committed by a private individual?
A. Yes *Article 230
Public Officer Revealing Secrets of Private
ARTICLE 223 individual
CONNIVING WITH OR CONSENTING TO
EVASION *Article 231
Open Disobedience
Elements
1. Offender is a public officer; *Article 232
2. He had in his custody or charge a Disobedience to Order of Superior Officer
prisoner, either detention prisoner or When Said Order Was Suspended by
prisoner by final judgment; Inferior Officer
3. Such prisoner escaped from his
custody; *Article 233
4. He was in connivance with the Refusal of Assistance
prisoner in the latters escape.
*Article 234
Notes Refusal to Discharge Elective Office

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ARTICLE 235
MALTREATMENT OF PRISONERS *Article 244
Unlawful Appointments
Elements
2. He has under his charge a prisoner or ARTICLE 245
detention prisoner; ABUSES AGAINST CHASTITY
3. He maltreats such prisoner in either of the
following manners: Acts punished
a. By overdoing himself in the correction or 1. Soliciting or making immoral or indecent
handling of a prisoner or detention advances to a woman interested in matters
prisoner under his charge either pending before the offending officer for
(1) By the imposition of punishment not decision, or with respect to which he is
authorized by the regulations; required to submit a report to or consult with
(2) By inflicting such punishments (those a superior officer;
authorized) in a cruel and humiliating
manner; or 2. Soliciting or making immoral or indecent
b. By maltreating such prisoners to extort a advances to a woman under the offenders
confession or to obtain some information custody;
from the prisoner.
3. Soliciting or making immoral or indecent
Notes: advances to the wife, daughter, sister or
This is in addition to his liability for the relative within the same degree by affinity of
physical injuries or damage caused. In addition any person in the custody of the offending
means that he will be liable for another crime warden or officer.
connected to Art. 235.
Example Elements:
He burned the things of the prisoners Art. 235
2. He solicits or makes immoral or indecent
+ Arson
advances to a woman;
What is penalized is the conduct of the public
3. Such woman is
officer in handling the prisoners.
a. interested in matters pending before the
Example
offender for decision, or with respect to
Using violence to correct the behavior of the
which he is required to submit a report to
prisoner
or consult with a superior officer; or
b. under the custody of the offender who is
Q. What if the prisoner is unruly, so the
a warden or other public officer directly
public officer shot the prisoner because he
charged with the care and custody of
cannot handle the prisoner. The prisoner
prisoners or persons under arrest; or
died. Is the public officer liable for Art.
c. the wife, daughter, sister or relative
235?
within the same degree by affinity of the
A. No. The public officer will be liable for murder
person in the custody of the offender.
or homicide because intent to kill is not an
element of Art. 235
Notes:
In relation to Sexual Harassment Act work
*Article 236
area / school.
Anticipation of Duties of A Public Office
Offender takes advantage of his position in
*Article 237 order to solicit or make immoral or indecent
Prolonging Performance of Duties and advances
Powers Mere solicitation consummates the act
*Article 238 CRIMES AGAINST PERSONS

Abandonment of Office or Position
1. Parricide (Art. 246);
*Article 239 2. Murder (Art. 248);
Usurpation of Legislative Powers 3. Homicide (Art. 249);
4. Death caused in a tumultuous affray (Art.
*Article 240 251);
Usurpation of Executive Functions 5. Physical injuries inflicted in a tumultuous
affray (Art. 252);
*Article 241 6. Giving assistance to suicide (Art. 253);
Usurpation of Judicial Functions 7. Discharge of firearms (Art. 254);
8. Infanticide (Art. 255);
*Article 242 9. Intentional abortion (Art. 256);
Disobeying Request for Disqualification
10. Unintentional abortion (Art. 257);
*Article 243 11. Abortion practiced by the woman herself or
Orders or Request by Executive Officers to by her parents (Art. 258);
Any Judicial Authority
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12. Abortion practiced by a physician or midwife physical injury in the act or immediately
and dispensing of abortives (Art. 259); thereafter;
13. Duel (Art. 260); 3. He has not promoted or facilitated the
14. Challenging to a duel (Art. 261); prostitution of his wife or daughter, or that
15. Mutilation (Art. 262); he or she has not consented to the infidelity
16. Serious physical injuries (Art. 263); of the other spouse.
17. Administering injurious substances or
beverages (Art. 264); Two stages contemplated before the article
18. Less serious physical injuries (Art. 265); will apply:
19. Slight physical injuries and maltreatment (1) When the offender surprised the other
(Art. 266); and spouse with a paramour or mistress. The
20. Rape (Art. 266-A). attack must take place while the sexual
intercourse is going on. If the surprise
ARTICLE 246 was before or after the intercourse, no
PARRICIDE matter how immediate it may be, Article
247 does not apply. The offender in this
Elements situation only gets the benefit of a
1. A person is killed; mitigating circumstance, that is,
2. The deceased is killed by the accused; sufficient provocation immediately
3. The deceased is the father, mother, or child, preceding the act.
whether legitimate or illegitimate, or a (2) When the offender kills or inflicts serious
legitimate other ascendant or other physical injury upon the other spouse
descendant, or the legitimate spouse, of the and/or paramour while in the act of
accused. intercourse, or immediately thereafter,
that is, after surprising.
Notes:
Father / mother / child legitimate or Notes:
illegitimate Legally married legitimate spouse
Ascendants / descendants / spouse - Penalty: destiero only because of the
legitimate circumstance of actual sexual intercourse
If the ascendants, descendants or spouse is Kill them while they are doing it or kill them
illegitimate homicide or murder immediately thereafter
Legitimacy of marriage is determined if it is Even if he killed his first spouse after 1 hour.
under the Civil Law or Code of Muslim and The interval of time is allowed for as long as it
Personal Laws for Muslims can be proved that the physical injuries or killing
is the by - product or result of the outrage felt by
Q. How about a Muslim muslims are the spouse in discovering the infidelity of the
allowed to have four wives, if the Muslim other spouse.
kills his first wife? Art. 247 is not a license to commit any other
A. Parricide crime other than those contemplated in Art. 247.
Q. What if the Muslim contracts marriages Q. M finds his wife having sexual
under the Code of Muslim and Personal intercourse with X. M burned the house of
Laws and kills his 2nd to 4th wife? X. Can M invoke Art. 247?
A. 4 counts of parricide. (Please check because A. No. because what is contemplated in Art. 247
the Supreme Court ruled that Muslim husbands is murder or physical injuries and not arson.
with several wives can be convicted of parricide
only in case the first wife is killed. There is no Q. J saw his wife having sexual intercourse
parricide if the other wives are killed although with R but Js wife is struggling
their marriage is recognized as valid. This is so pumapalag. J killed his wife. Can J invoke
because a Catholic man can commit the crime Art. 247?
only once. If a Muslim husband could commit A. No. because under Art. 247 the sexual
this crime more than once, in effect, he is being intercourse should be consensual. J committed
punished for the marriage which the law itself parricide.
authorized him to contract)
Q. What if J killed R instead, can J invoke
ARTICLE 247 Art. 247?
DEATH OR PHYSICAL INJURIES INFLICTED A. No. It may be treated as a justifying
UNDER EXCEPTIONAL CIRCUMSTANCES circumstance defense of relatives or defense of
stranger if common law spouse.
Elements
1. A legally married person, or a parent, ARTICLE 248
surprises his spouse or his daughter, the MURDER
latter under 18 years of age and living with
him, in the act of committing sexual Elements
intercourse with another person; A person was killed;
2. He or she kills any or both of them, or inflicts Accused killed him;
upon any or both of them any serious

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The killing was attended by any of the following Q. What if there is no intent to kill?
qualifying circumstances A. Physical injuries
With treachery, taking advantage of superior
strength, with the aid or armed men, or ARTICLE 251
employing means to waken the defense, or of DEATH CAUSED IN A TUMULTUOUS AFFRAY
means or persons to insure or afford impunity;
b. In consideration of a price, reward or Elements
promise; 1. There are several persons;
c. By means of inundation, fire, poison, 2. They do not compose groups organized for
explosion, shipwreck, stranding of a the common purpose of assaulting and
vessel, derailment or assault upon a attacking each other reciprocally;
railroad, fall of an airship, by means of 3. These several persons quarreled and
motor vehicles, or with the use of any assaulted one another in a confused and
other means involving great waste and tumultuous manner;
ruin; 4. Someone was killed in the course of the
d. On occasion of any of the calamities affray;
enumerated in the preceding paragraph, 5. It can not be ascertained who actually killed
or of an earthquake, eruption of a the deceased;
volcano, destructive cyclone, epidemic, 6. The person or persons who inflicted serious
or any other public calamity; physical injuries or who used violence can be
e. With evident premeditation; identified.
f. With cruelty, by deliberately and
inhumanly augmenting the suffering of Notes:
the victim, or outraging or scoffing at his Basta join forces not necessarily gang
person or corpse. Tumultuous armed or exerted violence
4. The killing is not parricide or infanticide.
*Article 252
Notes: Physical Injuries Inflicted in A Tumultuous
Abuse of superior strength 3 offenders Affray
against 1 victim does not necessarily mean there
is abuse of superior strength. It does not refer to
superiority in numbers but in notorious ARTICLE 253
inequality of force. GIVING ASSISTANCE TO SUICIDE
Premeditation study the elements: T.A.S.
Cruelty the number of wounds inflicted on Acts punished
the victim does not necessarily determine 1. Assisting another to commit suicide, whether
cruelty. It is how the infliction of wounds adds to the suicide is consummated or not;
the physical suffering. There must be clear 2. Lending his assistance to another to commit
evidence that the victim is still alive when suicide to the extent of doing the killing
cruelty is inflicted. Successive stabbing does not himself.
necessarily mean there is cruelty.
Ignominy moral suffering not qualifying Q. What is the crime committed if the
Absence of any qualifying circumstance only patient is suffering but the patient does
Art. 249 not want to die but you pulled off his life
Euthanasia murder if the victim does not saving device?
want to die. In Art. 253, the victim wants to die A. Murder.
ARTICLE 249 Q. What if you pulled off his life saving

HOMICIDE device with his consent?
A. Art. 253
Elements
1. A person was killed; *Article 254
2. Offender killed him without any justifying Discharge of Firearms
circumstances;
3. Offender had the intention to kill, which is
presumed; ARTICLE 255
4. The killing was not attended by any of the INFANTICIDE
qualifying circumstances of murder, or by
that of parricide or infanticide Elements
1. A child was killed by the accused;
Notes: 2. The deceased child was less than 72
hours old.
With intent to kill
Frustrated mortal wound was inflicted
Note:
The child is less than 3 days of age
Q. What if the victim survived and there
was intent to kill?
ARTICLE 256
A. Attempted or frustrated homicide.
INTENTIONAL ABORTION

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Acts punished ARTICLE 262
1. Using any violence upon the person of the MUTILATION
pregnant woman;
Acts punished
2. Acting, but without using violence, without 1. Intentionally mutilating another by depriving
the consent of the woman. (By him, either totally or partially, of some
administering drugs or beverages upon such essential organ for reproduction;
pregnant woman without her consent.)
Elements
3. Acting (by administering drugs or a. There be a castration, that is, mutilation
beverages), with the consent of the pregnant of organs necessary for generation, such
woman. as the penis or ovarium;
b. The mutilation is caused purposely and
Elements deliberately, that is, to deprive the
1. There is a pregnant woman; offended party of some essential organ
2. Violence is exerted, or drugs or beverages for reproduction
administered, or that the accused otherwise 2. Intentionally making other mutilation, that is,
acts upon such pregnant woman; by lopping or clipping off any part of the
3. As a result of the use of violence or drugs or body of the offended party, other than the
beverages upon her, or any other act of the essential organ for reproduction, to deprive
accused, the fetus dies, either in the womb him of that part of his body.
or after having been expelled therefrom;
4. The abortion is intended. Mutilation - is the lopping or clipping off of
some part of the body.
Intentional exerted violence on the pregnant
Q. Is esterectomy performed by doctors
woman and the person who exerted violence
considered mutilation?
knew of the pregnancy and the exertion of
A. No. because there is no lopping off. There is
violence was to cause abortion.
removal and there is consent.
Unintentional what is intended is the exertion
*Article 263
of violence but abortion is not intended
Serious Physical Injuries
ARTICLE 257
*Article 264
UNINTENTIONAL ABORTION
Administering Injurious Substances or
Beverages
Elements
1. There is a pregnant woman;
ARTICLE 265
2. Violence is used upon such pregnant woman
LESS SERIOUS PHYSICAL INJURIES
without intending an abortion;
3. The violence is intentionally exerted;
Matters to be noted in this crime
4. As a result of the violence, the fetus dies,
1. Offended party is incapacitated for labor for
either in the womb or after having been
10 days or more (but not more than 30
expelled therefrom.
days), or needs medical attendance for the
same period of time;
*Article 258
2. The physical injuries must not be those
Abortion Practiced by the Woman Herself
described in the preceding articles.
or by Her Parents
Qualified as to penalty
1. A fine not exceeding P 500.00, in addition to
*Article 259
arresto mayor, shall be imposed for less
Abortion Practiced by A Physician or
serious physical injuries when
Midwife and Dispensing of Abortives
a. There is a manifest intent to insult or
offend the injured person; or
*Article 260
b. There are circumstances adding ignominy
Responsibility of Participants in A Duel
to the offense.
2. A higher penalty is imposed when the victim
ARTICLE 261
is either
CHALLENGING TO A DUEL
a. The offenders parents, ascendants,
guardians, curators or teachers; or
Acts punished
b. Persons of rank or person in authority,
1. Challenging another to a duel;
provided the crime is not direct assault.
2. Inciting another to give or accept a challenge
to a duel;
*Article 266
3. Scoffing at or decrying another publicly for
Slight Physical Injuries and Maltreatment
having refused to accept a challenge to fight
a duel.
ARTICLE 266 A
RAPE, WHEN AND HOW COMMITTED
Note:
Pari delicto not applicable Elements under paragraph 1
1. Offender is a man;
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2. Offender had carnal knowledge of a woman; rape is committed, otherwise it is acts of
3. Such act is accomplished under any of the lasciviousness. (People vs. Collado, 2001)
following circumstances:
a. By using force or intimidation; ARTICLE 266 B
b. When the woman is deprived of reason or PENALTIES
otherwise unconscious;
c. By means of fraudulent machination or Qualified Rape Circumstances (Memorize)
grave abuse of authority; or Rape is qualified by the presence of the following
d. When the woman is under 12 years of circumstances:
age or demented. 1. With the use of a deadly weapon or by 2 or
more persons;
Elements under paragraph 2 2. The victim becomes insane on the occasion or
1. Offender commits an act of sexual assault; by reason of the rape;
2. The act of sexual assault is committed by 3. The rape is attempted and a homicide is
any of the following means: committed by reason or on the occasion of;
a. By inserting his penis into another
person's mouth or anal orifice; or Or when any of the 10 qualifying circumstances
b. By inserting any instrument or object into attended the rape:
the genital or anal orifice of another (1)Where the victim is under 18 years of age
person; and the offender is her ascendant,
3. The act of sexual assault is accomplished stepfather, guardian, or relative by
under any of the following circumstances: affinity or consanguinity within the 3rd
a. By using force or intimidation; or civil degree, or the common law husband
b. When the woman is deprived of reason or of the victims mother; or
otherwise unconscious; or (2) Where the victim was under the custody
c. By means of fraudulent machination or of the police or military authorities, or
grave abuse of authority; or other law enforcement agency;
d. When the woman is under 12 years of (3) Where the rape is committed in full view
age or demented. of the victims husband, the parents, any
of the children or relatives by
Kinds of Rape: consanguinity within the 3rd civil degree;
1. Ordinary Rape sexual intercourse (4) Where the victim is a religious, that is, a
2. Object Rape - Sexual Assault as a form of rape member of a legitimate religious vocation
and the offender knows the victim as
1. Ordinary Rape such before or at the time of the
Even a prostitute may be a victim of ordinary commission of the offense;
rape as long as the sexual intercourse was with (5) Where the victim is a child under 7 yrs of
force or intimidation age;
When the woman is deprived of reason or (6) Where the offender is afflicted with AIDS
otherwise unconscious or other sexually transmissible diseases,
Example when the offended party is given and he is aware thereof when he
drugs committed the rape, and the disease was
transmitted;
When the woman is under 12 years of age (7) Where the offender is a member of the
or demented AFP, its paramilitary arm, the PNP, or any
This is also known as statutory rape law enforcement agency and the offender
Irrespective of whether or not the child took advantage of his position;
consented (8) Where the victim has suffered permanent
physical mutilation;
2. Object Rape (9) Where the pregnancy of the offended
Irrespective of either sex party is known to the rapist at the time of
the rape; or
Insertion of a part of human body is
(10) Where the rapist is aware of the victims
considered rape (before R.A. 8353 it is not rape)
mental disability, emotional disturbance
or physical handicap.
Notes:
No more frustrated rape. Only consummated
Note: The penalty is still reclusion perpetua with
and attempted rape.
the advent of R.A. 9346. The crime however
Consummated slightest penetration remains heinous.
Attempted with intent to rape or with intent
to have carnal knowledge ARTICLE 266 C
EFFECT OF PARDON
Rape vs. Acts of Lasciviousness
1. The subsequent valid marriage between the
Between Rape and Acts of Lasciviousness the offender and the offended party shall extinguish
difference lies in the intent of the perpetrator the criminal action or the penalty imposed;
deducible from his external acts. When the 2. In case it is the legal husband who is the
touching of the vagina by the offenders penis is offender, the subsequent forgiveness by the wife
coupled with the intent to penetrate, attempted as the offended party shall extinguish the

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criminal action or penalty: Provided that the ARTICLE 267
crime shall not be extinguished or the penalty KIDNAPPING AND SERIOUS ILLEGAL
shall not be abated if the penalty is void ab DETENTION
initio.
Elements
Notes: 1. Offender is a private individual;
Marriage between the offender and the 2. He kidnaps or detains another, or in any
offended party will only favor the principal other manner deprives the latter of his
Subsequent forgiveness of the wife note that liberty;
the wife was raped. It should be legal marriage. 3. The act of detention or kidnapping must be
illegal;
ARTICLE 266 D 4. In the commission of the offense, any of the
PRESUMPTIONS following circumstances is present:
Any physical overt act manifesting resistance a. The kidnapping lasts for more than 3
against the act of rape in any degree from the days;
offended party, or when the offended party is so b. It is committed simulating public
situated as to render him/her incapable of giving authority;
valid consent, may be accepted as evidence in c. Any serious physical injuries are inflicted
the prosecution of the acts punished under Art. upon the person kidnapped or detained
266-A. or threats to kill him are made; or
d. The person kidnapped or detained is a
Note: minor, female, or a public officer.
Any degree of resistance or any form
Example Art. 267 vs. Art. 270
Basta sabihin nyang Huwag wag! Kahit hindi Art. 267 any kidnapping of a minor (offender
sya binugbog, basta may resistance. any private individual.
Art. 270 any person who being entrusted with
CRIMES AGAINST PERSONAL the custody of a minor person
LIBERTY AND SECURITY
Notes:
Crimes against liberty Ransom any consideration given for the
1. Kidnapping and serious illegal detention (Art. release of a person.
267);
2. Slight illegal detention (Art. 268); Q, If there is a demand for ransom but the
3. Unlawful arrest (Art. 269); ransom demanded has not been given or
4. Kidnapping and failure to return a minor (Art. paid. Is it kidnapping for ransom?
270); A. Yes. The mere demand for ransom constitutes
5. Inducing a minor to abandon his home (Art. kidnapping for ransom.
271);
6. Slavery (Art. 272); With deprivation of liberty
7. Exploitation of child labor (Art. 273); Example
8. Services rendered under compulsion in If a person was kidnapped but he is free to
payment of debts (Art. 274). roam, there is no illegal detention
Crimes against security Last paragraph special complex crime of

1. Abandonment of persons in danger and kidnapping with murder or with rape as the case
abandonment of one's own victim (Art. 275); may be.
2. Abandoning a minor (Art. 276); Example
3. Abandonment of minor by person entrusted When the rape victim died special complex
with his custody; indifference of parents (Art. crime
277);
4. Exploitation of minors (Art. 278); *Article 268
5. Trespass to dwelling (Art. 280); Slight Illegal Detention
6. Other forms of trespass (Art. 281);
7. Grave threats (Art. 282); ARTICLE 269
8. Light threats (Art. 283); UNLAWFUL ARREST
9. Other light threats (Art. 285);
10. Grave coercions (Art. 286); Elements
11. Light coercions (Art. 287); 1. Offender arrests or detains another person;
12. Other similar coercions (Art. 288); 2. The purpose of the offender is to deliver him
13. Formation, maintenance and prohibition of to the proper authorities;
combination of capital or labor through violence 3. The arrest or detention is not authorized by
or threats (Art. 289); law or there is no reasonable ground
14. Discovering secrets through seizure of therefore.
correspondence (Art. 290);
15. Revealing secrets with abus of office (Art. Note:
291); The purpose is to deliver the offended party to
16. Revealing of industrial secrets (Art. 292). the proper authority; If not, then that is
kidnapping.

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*Article 281
Q. What if he arrested a person without a Other forms of trespass
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
*Article 271 family of any wrong amounting to a crime
Inducing A Minor to Abandon His Home and demanding money or imposing any
other condition, even though not unlawful,
*Article 272 and the offender attained his purpose;
Slavery 2. Making such threat without the offender
attaining his purpose;
ARTICLE 273 3. Threatening another with the infliction upon
EXPLOITATION OF CHILD LABOR his person, honor or property or that of his
family of any wrong amounting to a crime,
Elements the threat not being subject to a condition.
1. Offender retains a minor in his services;
2. It is against the will of the minor; Notes
3. It is under the pretext of reimbursing himself Even if the threat is so serious for as long as
of a debt incurred by an ascendant, guardian the person making the threat subsequently did
or person entrusted with the custody of such not do anything to show that he is not persisting
minor. his idea, this will result to light threats only.
Note: ARTICLE 283

Relate this article to Republic Act No. 7610 LIGHT THREATS
(Special Protection of Children against Child Elements
Abuse, Exploitation and Discrimination Act) 1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
*Article 274 3. There is a demand for money or that other
Services Rendered under Compulsion in condition is imposed, even though not
Payment of Debt unlawful;
4. Offender has attained his purpose or, that he
*Article 275 has not attained his purpose
Abandonment of Persons in Danger and
Abandonment of Ones Own Victim *Article 284
Bond for Good Behavior
*Article 276
Abandoning A Minor *Article 285
Other Light Threats
*Article 277
Abandonment of Minor by Person ARTICLE 286
Entrusted with His Custody; Indifference of GRAVE COERCIONS
Parents
Acts punished
*Article 278 1. Preventing another, by means of violence,
Exploitation of Minors threats or intimidation, from doing something
not prohibited by law;
*Article 279 2. Compelling another, by means of violence,
Additional Penalties for other Offenses threats or intimidation, to do something
against his will, whether it be right or wrong.
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING Elements
1. A person prevented another from doing
Elements something not prohibited by law, or that he
1. Offender is a private person; compelled him to do something against his
2. He enters the dwelling of another; will; be it right or wrong;
3. Such entrance is against the latters will. 2. The prevention or compulsion be effected by
violence, threats or intimidation; and
Notes: 3. The person that restrained the will and
The offender is a private person. A private liberty of another had not the authority of
individual enters the dwelling of another law or the right to do so, or in other words,
Public officer without a search warrant or with that the restraint shall not be made under
void search warrant enters the dwelling of authority of law or in the exercise of any
another - violation of domicile lawful right.

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Coercion means compulsion or prevention 12. Occupation of real property or usurpation of
real rights in property (Art. 312);
Grave Coercion at the time (at the very 13. Altering boundaries or landmarks (Art. 313);
moment) the compulsion is made, there must 14. Fraudulent insolvency (Art. 314);
have been violence, force, intimidation or threat. 15. Swindling (Art. 315);
Violence exerted from the beginning at the time 16. Other forms of swindling (Art. 316);
of the compulsion. 17. Swindling a minor (Art. 317);
18. Other deceits (Art. 318);
Note: 19. Removal, sale or pledge of mortgaged
No violence unjust vexation only property (Art. 319);
20. Destructive arson (Art. 320);
ARTICLE 287 21. Other forms of arson (Art. 321);
LIGHT COERCIONS 22. Arson of property of small value (Art. 323);
23. Crimes involving destruction (Art. 324);
Elements 24. Burning ones own property as means to
1. Offender must be a creditor; commit arson (Art. 325);
2. He seizes anything belonging to his debtor: 25. Setting fire to property exclusively owned by
3. The seizure of the thing be accomplished by the offender (Art. 326);
means of violence or a display of material 26. Malicious mischief (Art. 327);
force producing intimidation; 27. Special case of malicious mischief (Art. 328);
4. The purpose of the offender is to apply the 28. Damage and obstruction to means of
same to the payment of the debt. communication (Art. 330);
29. Destroying or damaging statues, public
Note: monuments or paintings (Art. 331).
Par. 2 the exertion of violence or
intimidation or force was after the compulsion or *Article 293
prevention Who Are Guilty of Robbery
*Article 288 ARTICLE 294

Other Similar Coercions ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
*Article 289
Formation, Maintenance, and Prohibition of Acts punished
Combination of Capital or Labor through 1. When by reason or on occasion of the robbery
Violence or Threats (taking of personal property belonging to
another with intent to gain), the crime of
*Article 290 homicide is committed;
Discovering Secrets through Seizure of
Correspondence 2. When the robbery is accompanied by rape or
intentional mutilation or arson;
*Article 291 3. When by reason of on occasion of such
Revealing Secrets with Abuse of Office robbery, any of the physical injuries resulting in
insanity, imbecility, impotency or blindness is
*Article 292 inflicted;
Revelation of Industrial Secrets 4. When by reason or on occasion of robbery,
any of the physical injuries resulting in the loss
of the use of speech or the power to hear or to
CRIMES AGAINST PROPERTY smell, or the loss of an eye, a hand, a foot, an
arm, or a leg or the loss of the use of any such
1. Robbery with violence against or intimidation member or incapacity for the work in which the
of persons (Art. 294); injured person is theretofore habitually engaged
2. Attempted and frustrated robbery committed is inflicted;
under certain circumstances (Art. 297); 5. If the violence or intimidation employed in the
3. Execution of deeds by means of violence or commission of the robbery is carried to a degree
intimidation (Art. 298); unnecessary for the commission of the crime;
4. Robbery in an inhabited house or public 6. When in the course of its execution, the
building or edifice devoted to worship (Art. 299); offender shall have inflicted upon any person not
5. Robbery in an inhabited place or in a private responsible for the commission of the robbery
building (Art. 302); any of the physical injuries in consequence of
6. Possession of picklocks or similar tools (Art. which the person injured becomes deformed or
304); loses any other member of his body or loses the
7. Brigandage (Art. 306); sue thereof or becomes ill or incapacitated for
8. Aiding and abetting a band of brigands (Art. the performance of the work in which he is
307); habitually engaged for more than 90 days or the
9. Theft (Art. 308); person injured becomes ill or incapacitated for
10. Qualified theft (Art. 310); labor for more than 30 days;
11. Theft of the property of the National Library 7. If the violence employed by the offender does
and National Museum (Art. 311); not cause any of the serious physical injuries

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defined in Article 263, or if the offender employs assaults committed by the band, unless it be
intimidation only. shown that he attempted to prevent the same.
Notes: *Article 297

Similarity of robbery and theft there is Attempted and frustrated robbery
taking of personal property with intent to gain committed under certain circumstances
and no consent from the victim
Difference in robbery, the taking is with the ARTICLE 298
attendance of force upon things or violence EXECUTION OF DEEDS BY MEANS OF
against the person VIOLENCE OR INTIMIDATION
Special complex crime
It is still a crime against property even if with Elements
homicide rape or spl the original plan is to rob 1. Offender has intent to defraud another;
and in the course of or by reason of robbery (in 2. Offender compels him to sign, execute, or
the occasion of) somebody is killed or raped or deliver any public instrument or document.
wounded, otherwise, liable only for the resulted 3. The compulsion is by means of violence or
crime, even if death supervened by accident intimidation.
If there is a conspiracy to rob and one is left
Example
as look out still included to the special complex
Blank deed and somebody is forcing you to sign
crime for as long as the look-out did not prevent
it
it but if it was prevented only robbery
Note:
ARTICLE 295
If not with violence estafa because of the
ROBBERY WITH PHYSICAL INJURIES
intent to defraud
COMMITTED IN AN UNINHABITED PLACE
Art. 298 vs. Estafa
AND BY A BAND
Art. 298 with violence or intimidation
Estafa without violence or intimidation
Robbery with violence against or
intimidation of person qualified is qualified
if it is committed ARTICLE 299
ROBBERY IN AN INHABITED HOUSE OR
1. In an uninhabited place;
PUBLIC BUILDING OR EDIFICE DEVOTED TO
2. By a band;
WORSHIP
3. By attacking a moving train, street car,
motor vehicle, or airship;
Elements under subdivision (a)
4. By entering the passengers compartments
1. Offender entered an inhabited house, public
in a train, or in any manner taking the
building
passengers thereof by surprise in the
2. The entrance was effected by any of the
respective conveyances; or
following means:
5. On a street, road, highway or alley, and the
a. Through an opening not intended for
intimidation is made with the use of firearms,
entrance or egress;
the offender shall be punished by the
b. By breaking any wall, roof or floor, or
maximum periods of the proper penalties
breaking any door or window;
prescribed in Article 294.
c. By using false keys, picklocks or similar
tools; or
Notes:
d. By using any fictitious name or
All must be armed
pretending the exercise of public
Last paragraph as principal - because of authority.
conspiracy 3. Once inside the building, offender took
personal property belonging to another with
ARTICLE 296 intent to gain.
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF Elements under subdivision (b):
1. Offender is inside a dwelling house, public
Requisites for liability for the acts of the building, or edifice devoted to religious
other members of the band worship, regardless of the circumstances
1. He was a member of the band; under which he entered it;
2. He was present at the commission of a 2. Offender takes personal property belonging
robbery by that band; to another, with intent to gain, under any of
3. The other members of the band committed the following circumstances:
an assault; a. By the breaking of doors, wardrobes,
4. He did not attempt to prevent the assault. chests, or any other kind of locked or
sealed furniture or receptacle; or
Band - when at least four armed malefactors b. By taking such furniture or objects away
take part in the commission of a robbery. to be broken or forced open outside the
place of the robbery.
2nd Par any member of a band who is present
at the commission of a robbery by the band,
shall be punished as principal of any of the

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Q. If you break or open the window and you Brigandage under the Revised Penal Code
scoop with your hands anything you can vs, highway robbery/brigandage
get, is that robbery? under Presidential Decree No. 532:
A. No. The whole body must be inside otherwise, Art. 306 P.D. 532
theft. To commit a To commit
specific robbery indiscriminately,
*Article 300 on the highway your victim is
Robbery in an uninhabited place and by a (planned) anyone
band Formation of a Seizure of any person
band of robbers for ransom, extortion
*Article 301 by more than or for any other lawful
What is an inhabited house, public three armed purposes, or the
building, or building dedicated to religious persons for the taking away of the
worship and their dependencies purpose of property of another
committing by means of violence
*Article 302 robbery in the against or
Robbery in An Uninhabited Place or in A highway, intimidation of
Private Building kidnapping for persons or force upon
purposes of things or other
*Article 303 extortion or unlawful means
Robbery of cereals, fruits, or firewood in an ransom, or for committed by any
uninhabited place or private building any other person on any
purpose to be Philippine highway.
*Article 304 attained by
Possession of Picklock or Similar Tools force and
violence.
*Article 305 Mere forming of
False keys a band,
(requires at
ARTICLE 306 least four
WHO ARE BRIGANDS armed persons,
if for any of the
Elements of brigandage criminal
1. There are least four armed persons; purposes stated
2. They formed a band of robbers; in Article 306)
2. The purpose is any of the following: gives rise to
a. To commit robbery in the highway; brigandage
b. To kidnap persons for the purpose of
extortion or to obtain ransom; or Brigandage highway robbery
c. To attain by means of force and violence P.D. No. 532 - refers to the actual commission
any other purpose. of the robbery on the highway and can be
committed by one person alone
*Article 307
Aiding and Abetting A Band of Brigands
*Article 308
Who Are Liable for Theft
*Article 309
Penalties
ARTICLE 310
QUALIFIED THEFT
Theft is qualified if
1. Committed by a domestic servant;
2. Committed with grave abuse of confidence;
3. The property stolen is a motor vehicle, mail
matter, or large cattle;
4. The property stolen consists of coconuts
taken from the premises of a plantation;
5. The property stolen is fish taken from a
fishpond or fishery; or
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident, or
civil disturbance.
Notes
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Committed by domestic servant

Example Elements in general
Pinakain mo na tapos ninakawan ka pa 1. Accused defrauded another by abuse of
1.) Theft of a motor vehicle qualified theft confidence or by means of deceit; and
2.) Theft of a motor vehicle Carnapping no This covers the three different ways of
element of transfer of possession from the committing estafa under Article 315; thus,
owner estafa is committed
Difference between 1 and 2 a. With unfaithfulness or abuse of
Example confidence;
Inutusan mo yung driver mo magpa-gas tapos b. By means of false pretenses or
hindi na nya binalik theft (there should be fraudulents acts; or
temporary possession) c. Through fraudulent means.
Pagnaka-park lang at ninakaw - carnapping
Elements of estafa with unfaithfulness of
*Article 311 abuse of confidence under Article 315 (1)
Theft of the Property of the National
Library or National Museum Under paragraph (a)
1. Offender has an onerous obligation to
ARTICLE 312 deliver something of value;
OCCUPATION OF REAL PROPERTY OR 2. He alters its substance, quantity, or
USURPATION OF REAL RIGHTS IN quality;
PROPERTY 3. Damage or prejudice is caused to
another.
Acts punished
1. Taking possession of any real property Under paragraph (b)
belonging to another by means of violence 1. Money, goods, or other personal property is
against or intimidation of persons; received by the offender is trust, or on
2. Usurping any real rights in property commission, or for administration, or under
belonging to another by means of violence any other obligation involving the duty to
against or intimidation of persons. make delivery of, or to return, the same;
2. There is misappropriation or conversion of
Elements such money or property by the offender, or
1. Offender takes possession of any real denial on his part of such receipt;
property or usurps any real rights in 3. Such misappropriation or conversion or
property; denial is to the prejudice of another; and
2. The real property or real rights belong to There is a demand made by the offended
another; party to the offender.
3. Violence against or intimidation of persons is
used by the offender in occupying real Under paragraph (c)
property or usurping real rights in property; 1. The paper with the signature of the offended
4. There is intent to gain. party is in blank;
2. Offended party delivered it to the offender;
Robbery vs. Art. 312 3. Above the signature of the offended party, a
Robbery personal property document is written by the offender without
Art. 312 real property authority to do so;
4. The document so written creates a liability
Squatting vs. Usurpation of, or causes damage to, the offended party or
S No intention to own the property any third person.
U Offender intends to own the real property
Elements of estafa by means of false
*Article 313 pretenses or fraudulent acts under Article
Altering Boundaries or Landmarks 315 (2)
Acts punished under paragraph (a)
1. Using fictitious name;
*ARTICLE 314 2. Falsely pretending to possess power,
FRAUDULENT INSOLVENCY influence, qualifications, property, credit,
agency, business or imaginary transactions; or
Elements 3. By means of other similar deceits.
1. Offender is a debtor, that is, he has
obligations due and payable; Under paragraph (b)
2. He absconds with his property; Altering the quality, fineness, or weight of
3. There is prejudice to his creditors. anything pertaining to his art or business.
Note Under paragraph (c)

Art. 314 Pretending to be insolvent by simply Pretending to have bribed any government
keeping the property employee, without prejudice to the action for
calumny which the offended party may deem
ARTICLE 315 proper to bring against the offender.
SWINDLING (ESTAFA)

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Under paragraph (d) payment of a pre- within a period of 90
1. Offender postdated a check, or issued a check existing obligation days
in payment of an obligation; not estafa but there is
2. Such postdating or issuing a check was done civil obligation
when the offender had no funds in the bank, or Crime against Crime against public
his funds deposited therein were not sufficient to property interest
cover the amount of the check. The gravamen of the The gravamen of the
offense is the deceit offense is the
Note that this only applies if employed issuance of the check
(1) The obligation is not pre-existing; Deceit and damage Deceit and damage
(2) The check is drawn to enter into an are material are immaterial
obligation; Knowledge by the Knowledge by the
(Remember that it is the check that is supposed drawer of insufficient drawer of insufficient
to be the sole consideration for the other party funds is not required funds is required
to have entered into the obligation. For There is criminal liability if the check is drawn
example, Rose wants to purchase a bracelet and for non-pre-existing obligation
draws a check without insufficient funds. The
jeweler sells her the bracelet solely because of Q. If the check bounced after 90 days, is
the consideration in the check.) there BP 22?
(3) It does not cover checks where the purpose A. Yes. 90 days is only a presumption and it does
of drawing the check is to guarantee a loan as not affect criminal liability. The presumption will
this is not an obligation contemplated in this not apply if he pays the value of the check or
paragraph make arrangements with the bank (from the
time the drawer receive the notice of dishonor)
2 Ways for the payment of the check within 5 banking
1. Abuse of confidence (trust) days (Hence, not liable for BP 22)
2. By means of deceit
Notes:
Examples If after 30 days not yet paid BP 22
You bought a ring for P25,000 but the ring is
In BP 22, there must be proof that the drawer
only worth P18,000 abuse of confidence
received the notice of dishonor. If the addressee
refused to accept, the sender should execute an
In entrusting (not ownership) your property, the
affidavit that the addressee refused to accept
very same shall be returned to you. If he did not
the notice.
give it back or cannot explain why he cannot
The same check can be the basis of 2
give it back abuse of trust
prosecutions and yet not double jeopardy
because estafa is under RPC and BP 22 is a
If you transfer the ownership I give it to you
special penal law.
this is not estafa. But there may be civil
obligation
*Article 316
Other Forms of Swindling
A sold pieces of jewelry to B on installment
but the latter did not pay. A asked B to return it
*Article 317
as long as there is transfer of ownership even
Swindling A Minor
if it is not paid it is not estafa.
ARTICLE 318
Estafa by means of deceit - fraudulent
OTHER DECEITS
manifestation.
Example
Acts punished
You were able to get money because of false
1. Defrauding or damaging another by any
pretense. In illegal recruitment the offender, by
other deceit not mentioned in the preceding
virtue of false pretenses was able to obtain
articles;
money.
2. Interpreting dreams, by making forecasts, by
telling fortunes, or by taking advantage of
Art. 315 (2) (d) by post dating a check or
the credulity of the public in any other similar
issuing a check in payment of an obligation
manner, for profit or gain.
xxx vs. B.P. 22
-issuance of a check with a representation that it
Note:
is funded
Art. 315 (2) (d) B.P. 22 Any conceivable deceit
Example Madam Auring
Check was issued at Mere fact of issuance
the time the of a check which is
*Article 319
obligation was not fully funded.
Removal, Sale or Pledge of Mortgaged
contracted. There is a
Property
Note: If the check was presumption that the
issued after or ahead offender had
ARTICLE 320
of when the knowledge that his
DESTRUCTIVE ARSON
obligation was check had no funds
contracted or if the check bounced

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Notes: Article 328. Special Case of Malicious
Malicious burning of property of other persons Mischief
Q. If you burn your own property, are you *Article 329

liable for arson? Other Mischiefs
A. It does not follow that you are liable for arson.
But if the property is situated in a vast tract of *Article 330
land, it is not arson. But if you burn your Damage and Obstruction to Means of
property located in a congested area, it is arson Communication
because it endangers the lives of others.
*Article 331
Q. What if you burn your property and Destroying or Damaging Statues, Public
somebody was killed, what was the crime Monuments, or Paintings
committed?
A. Arson only. No complex crime of arson. *Article 332
Homicide is absorbed in the crime of arson. Persons Exempt from Criminal Liability
*Article 321 CRIMES AGAINST CHASTITY

Other Forms of Arson
1. Adultery (Art. 333);
*Article 322 2. Concubinage (Art. 334);
Cases of arson not included in the 3. Acts of lasciviousness (Art. 336);
preceding articles 4. Qualified seduction (Art. 337);
5. Simple seduction (Art. 338);
*Article 323 6. Acts of lasciviousness with the consent of the
Arson of property of small value offended party (Art. 339);
7. Corruption of minors (Art. 340);
*Article 324 8. White slave trade (Art. 34);
Crimes involving destruction 9. Forcible abduction (Art. 342);
10. Consented abduction (Art. 343).
*Article 325
Burning ones own property as means to Crimes against chastity the crime cannot be
commit arson prosecuted de officio. The offender cannot be
prosecuted except upon complaint of the
*Article 326 offended party.
Setting fire to property exclusively owned Example
by the offender Adultery complaint of the husband
Concubinage complaint of the wife
*Article 326 A
In cases where death resulted as a ARTICLE 333
consequence of arson WHO ARE GUILTY OF ADULTERY
*Article 326 B Elements

Prima facie evidence of arson 1. The woman is married;
2. She has sexual intercourse with a man not
ARTICLE 327 her husband;
WHO ARE LIABLE FOR MALICIOUS MISCHIEF 3. As regards the man with whom she has
sexual intercourse, he must know her to be
Elements married
1. Offender deliberately caused damage to the Notes:
property of another; Even if the marriage be subsequently declared
2. Such act does not constitute arson or other void presumed valid marriage
crimes involving destruction; As long as at the time the sexual intercourse
3. The act of damaging anothers property was was committed (other than his husband) she is
committed merely for the sake of damaging married
it; For each sexual intercourse, one count of
adultery this should be rationalized, it should
Notes not be taken literally
Malicious mischief if deliberately caused The married woman and the lover both
damage and motivated by hate, revenge or guilty
resentment The pardon must be extended to both
Malicious cause damage deliberately offenders to extinguish criminal liability
Caused damage but with no intent to damage
criminal negligence Art. 365 ARTICLE 334
Causes damage under circumstances of CONCUBINAGE
accident and performed with diligence (required)
Art. 12 par. 4 Acts punished
1. Keeping a mistress in the conjugal dwelling;

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2. Having sexual intercourse, under scandalous
circumstances; Two kinds of acts of lasciviousness under
3. Cohabiting with her in any other place. the Revised Penal Code:
(1) Article 336
Elements (2) Article 339.
1. The man is married;
2. He is either Article 336. Acts of Lasciviousness - The
a. Keeping a mistress in the conjugal offended party may be a man or a woman.
dwelling; When the act performed with lewd design was
b. Having sexual intercourse under perpetrated under circumstances which would
scandalous circumstances with a woman have brought about the crime of rape if sexual
who is not his wife; or intercourse was effected, is acts of
c. Cohabiting with a woman who is not his lasciviousness under this article. The offended
wife in any other place; party is either
3. As regards the woman, she knows that the 1. Under 12 years of age; or
man is married. 2. Being over 12 years of age, the lascivious acts
were committed on him or her through violence
3 Ways of committing concubinage (either or intimidation, or while the offender party was
of the following circumstances) deprived of reason, or otherwise unconscious.
1. Keeping a mistress in the conjugal dwelling
2. Having sexual intercourse under scandalous Article 339. Acts of Lasciviousness with
circumstances with a woman not his wife the Consent of the Offended Party -The
3. Cohabiting with her in any other place victim is limited only to a woman. The
circumstances under which the lascivious acts
Conjugal dwelling is meant the house of the were committed must be that of qualified
husband and wife even if wife happens to be seduction or simple seduction, that is, the
temporarily absent on any account. offender took advantage of his position of
-house constructed from the proceeds of the sale ascendancy over the offender woman either
of conjugal property of the spouses especially because he is a person in authority, a domestic,
where they had intended it to be so is a conjugal a househelp, a priest, a teacher or a guardian, or
dwelling and the fact that the wife never had a there was a deceitful promise of marriage which
chance to reside therein and that the husband never would really be fulfilled.
used it with his mistress instead, does not
detract from its nature. Rape vs. Acts of Lasciviousness (both with
force)
Cohabit married man is living with the woman R may be committed with sexual intercourse
under the same roof and they are living together AL without sexual intercourse
as husband and wife.
ARTICLE 337
Scandalous how it is perceived by the people QUALIFIED SEDUCTION
Notes: Acts punished

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

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c. Domestic; Example Maggie dela Riva case forcible
3. Those who abused their relationship abduction with rape
a. Brother who seduced his sister; If woman was taken with lewd design and was
b. Ascendant who seduced his descendant raped forcible abduction with rape. Subsequent
rapes are considered as separate kinds of rape
ARTICLE 338 (People vs. Bulaong, 1972)
SIMPLE SEDUCTION
By virtue of R.A. 8353 The following crimes
Elements cannot be prosecuted de officio (CASADA)
1. Offender party is over 12 and under 18 years 2. Adultery
of age; 3. Seduction
2. She is of good reputation, single or widow; 4. Abduction
3. Offender has sexual intercourse with her; 5. Defamation / Slander
4. It is committed by means of deceit. 6. Acts of Lasciviousness
Art. 337 vs. Art. 338 vs. Art. 339 *Article 343
Art. 337 Art. 338 Art. 339 Consented Abduction
Qualified Simple Consented
Seduction Seduction Acts of *Article 344
Lasciviousne Prosecution of the crimes of adultery,
ss concubinage, seduction, abduction, rape, and
With sexual With sexual No sexual acts of lasciviousness
intercourse intercourse intercourse
but only ARTICLE 345
lascivious acts. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
Abuse of Through With consent AGAINST CHASTITY
authority, deceit in the of the Persons guilty of rape, seduction or
relationship form of offended abduction, shall also be sentenced:
or moral promise of party. With 1. To indemnify the offended woman
ascendancy marriage abuse of 2. To acknowledge the offspring unless the law
authority, should prevent him from doing so
relationship or 3. In every case to support the offspring
moral
ascendancy. Notes:
Through To acknowledge in case of multiple rape -
deceit. there is no obligation to acknowledge
Indemnify the offended woman
Notes: Example
If married man makes a promise of marriage Rape of the first form P50K + P50K moral
and the minor knows he is married that is not damages
deceit
In rape and seduction the offspring is *Article 346
entitled to support Liability of ascendants, guardians, teachers, or
other persons entrusted with the custody of the
*Article 340 offended party
Corruption of Minors
Relate to R.A. 7610 CRIMES AGAINST THE
CIVIL STATUS OF PERSONS
*Article 341
White Slave Trade 1. Simulation of births, substitution of one child
for another and concealment or abandonment of
ARTICLE 342 a legitimate child (art. 347);
FORCIBLE ABDUCTION 2. Usurpation of civil status (Art. 348);
3. Bigamy (Art. 349);
Elements 4. Marriage contracted against provisions of law
1. The person abducted is any woman, (Art. 350);
regardless or her age, civil status, or 5. Premature marriages (Art. 351);
reputation; 6. Performance of illegal marriage ceremony
2. The abduction is against her will; (Art. 352).
3. The abduction is with lewd designs.
ARTICLE 347
Notes: SIMULATION OF BIRTHS, SUBSTITUTION OF
Whether forcible or consented no sexual ONE CHILD FOR ANOTHER AND
intercourse CONCEALMENT OF ABANDONMENT OF A
Consented Art. 343 under 18 years old LEGITIMATE CHILD
It is a crime against chastity because the
taking away is with lewd design. If no lewd Acts punished
design kidnapping 1. Simulation of births;
2. Substitution of one child for another;

CRIMINAL LAW REVIEW
CRIMINAL LAW 2
3. Concealing or abandoning any legitimate 2. Threatening to publish and offer to prevent
child with intent to cause such child to lose such publication for compensation (Art. 356);
its civil status. 3. Prohibited publication of acts referred to in the
course of official proceedings (Art. 357);
Simulation the woman pretends to be 4. Slander (Art. 358);
pregnant 5. Slander by deed (Art. 359);
Example 6. Incriminating innocent person (Art. 363);
X pretends to be pregnant and registered as if it 7. Intriguing against honor (Art. 364)
is her child
ARTICLE 353
Abandonment of child committed by the DEFINITION OF LIBEL
father or the mother to lose the civil status
Libel - public and malicious imputation of a
Art. 347 vs. Child Trafficking under R.A. crime, or of a vice or defect, real or imaginary, or
7610 any act, omission, condition, status, or
Art. 347 leave the child somewhere (in a circumstances tending to cause the dishonor,
public place) discredit, or contempt of a natural or juridical
R.A. 7610 selling a child by the father or person, or to blacken the memory of one who is
barter of a child dead.
Q. What if the baby is in the tummy of the Elements

mother and the mother intends to sell it? 1. There must be an imputation of a crime, or of
A. Attempted Child trafficking a vice or defect, real or imaginary, or any
act, omission, condition, status, or
*Article 348 circumstance;
Usurpation of Civil Status 2. The imputation must be made publicly;
3. It must be malicious;
ARTICLE 349 4. The imputation must be directed at a natural
BIGAMY or juridical person, or one who is dead;
5. The imputation must tend to cause the
Elements dishonor, discredit or contempt of the person
1. Offender has been legally married; defamed.
2. The marriage has not been legally dissolved
or, in case his or her spouse is absent, the Notes
absent spouse could not yet be presumed Libel written defamation
dead according to the Civil Code; Slander oral defamation
3. He contracts a second or subsequent Publicity as long as the defamation has come
marriage; to the attention of 3rd persons
4. The second or subsequent marriage has all If nobody heard it no publicity
the essential requisites for validity. Malicious imputation of a crime every
defamatory imputation is presumed to have
Bigamy 2 marriages. The second marriage done with malice (presumption in law) except
was contracted while the first marriage is privileged communication
subsisting. The 2 marriages must be valid
complete with formal and essential requisites. *Article 354
Requirement for Publicity
Notes: *Article 355
If no judicial declaration of presumptive death Libel by Means of Writings or Similar
or no judicial declaration of nullity or annulment Means
bigamy
The second marriage for purposes of bigamy *Article 356
must be valid Threatening to Publish and Offer to
Prejudicial Question study notes in civil Prevent Such Publication for A
review 1 Compensation
*Article 350 *Article 357

Illegal Marriage Prohibited Publication of Acts Referred to
in the Course of Official Proceedings
*Article 351
Premature Marriage *Article 358
Slander
*Article 353
Performance of Illegal Marriage Ceremony ARTICLE 359
SLANDER BY DEED
CRIMES AGAINST HONOR
Elements
1. Libel by means of writings or similar means 1. Offender performs any act not included in
(Art. 355); any other crime against honor;

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2. Such act is performed in the presence of 2. Committing through simple imprudence or
other person or persons; negligence an act which would otherwise
3. Such act casts dishonor, discredit or constitute a grave or a less serious felony;
contempt upon the offended party. 3. Causing damage to the property of another
through reckless imprudence or simple
Slander by deed - to performance of an act, imprudence or negligence;
not use of words. Oral defamation. 4. Causing through simple imprudence or
negligence some wrong which, if done
Kinds of slander by deed maliciously, would have constituted a light
1. Simple slander by deed; and felony.
2. Grave slander by deed, that is, which is of a
serious nature. Reckless imprudence -lack of foresight, care
or precaution
Notes
R.A. 7691 (1994) despite 7691, libel is still Examples
within the jurisdiction of the MTC because RPC is Reckless imprudence resulting to homicide
a substantive law Reckless imprudence resulting to damage to
BP 129 (1980) MTC offenses where the property
imposable penalty is upto 6 years
Q. Could there be reckless imprudence
*Article 360 resulting in frustrated homicide?
Persons Responsible A. No.
ARTICLE 361 Last Clear Chance the contributory

PROOF OF THE TRUTH negligence of the party injured will not defeat
the action if it be shown that the accused might,
Proof of the truth is not admissible except Art. by the exercise of reasonable care and prudence
361 if it appears that the matter charged as have avoided the consequences of the
libelous is true and published with good motives negligence of the injured party.
and for justifiable ends. The defendant shall be
acquitted. Contributory Negligence this defense does
not apply in criminal cases through reckless
*Article 362 imprudence since one cannot allege the
Libelous Remarks negligence of another to evade the effects of his
own negligence.
ARTICLE 363 Except: Proximate cause of death is the
INCRIMINATING INNOCENT PERSONS negligence of the deceased himself and not the
negligence of the accused.
Performs an act and plant evidence against
somebody Emergency Rule / Doctrine a person who is
confronted with a sudden emergency may be
Elements left no time for thought, must make speedy
1. Offender performs an act; decision based largely upon impulse or instinct
2. By such an act, he incriminates or imputes to and cannot be held to the same conduct as one
an innocent person the commission of a who has had an opportunity to reflect even
crime; though it later appears that he made the wrong
3. Such act does not constitute perjury. decision.
The doctrine is applicable only where the
ARTICLE 364 situation which arises to confront the actor is
INTRIGUING AGAINTS HONOR sudden and unexpected and is such as to
deprive him of all opportunity for deliberation.
Associated to slander This is a defense but what is necessary to be
shown is that he must not have been negligent.
Slander vs. Art. 364
S with plot or definite source Notes
Art. 364 not identifiable (who will you If with due care accident
prosecute? Prosecute everybody) If intentional malicious mischief
CRIMINAL NEGLIGENCE SPECIAL PENAL LAWS
ARTICLE 365 R.A. 9165 THE COMPREHENSIVE

IMPRUDENCE AND NEGLIGENCE DANGEROUS DRUGS ACT OF 2002
Quasi-offenses punished Notes

1. Committing through reckless imprudence covers actual and constructive possession of
any act which, had it been intentional, would drugs.
constitute a grave or less grave felony or By-bust operation or entrapment no
light felony; exchange of money and drugs it is consensual
contract can be prosecuted

CRIMINAL LAW REVIEW
CRIMINAL LAW 2
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 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
Government officials will be prosecuted if the
received proceeds of drugs
Request for voluntary rehabilitation will be
filed in PDEA
R.A. 8294 ANTI - ILLEGAL POSSESSION OF

FIREARMS, AMMUNITION OR EXPLOSIVES
LAW
Includes actual and constructive possession


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CRIMINAL LAW REVIEW

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

ARTICLE 117 ARTICLE 122

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Art. 156 vs. Art. 157 Crimes against public interest

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

*ArtIcle 184 *Article 187

Purposes: *Article 188

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

ARTICLE 205 Elements

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

*Article 215 Q. Can a private individual commit

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

*Article 238 CRIMES AGAINST PERSONS

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

ARTICLE 249 Q. What if you pulled off his life saving

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Crimes against security Last paragraph special complex crime of

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

*Article 270 Acts punished:

Note: ARTICLE 283

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

*Article 288 ARTICLE 294

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Notes: *Article 297

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Committed by domestic servant

Note Under paragraph (c)

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Q. If you burn your own property, are you *Article 329

*Article 321 CRIMES AGAINST CHASTITY

*Article 326 B Elements

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Notes: Acts punished

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Q. What if the baby is in the tummy of the Elements

*Article 350 *Article 357

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

ARTICLE 361 Last Clear Chance the contributory

CRIMINAL NEGLIGENCE SPECIAL PENAL LAWS

ARTICLE 365 R.A. 9165 THE COMPREHENSIVE

Quasi-offenses punished Notes

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

Sale consensual contract possession is

R.A. 8294 ANTI - ILLEGAL POSSESSION OF

Includes actual and constructive possession

Faye Marie C. Martinez Jessica Lopez Chato Cabigas July 2008

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ArtIcle 184 Article 187

Article 350 Article 357