Criminal Law Reviewer

Consuelo Maria Lucero y Guzon
Title I Elements When Other Notes Modifying Circumstances

Crimes vs National Committed
Security
1.Treason 1. Offender owes allegiance Wartime No treason by negligence Generic Aggravating Circumstances
Breach of allegiance to a. Perpetual Citizen Murder and PI inherent in Treason by Cruelty
a government b. Temporary RA giving aid and comfort Ignominy
committed by a person 2. War in which PH is involved Can be committed outside PH (Art. 2) Inherent
who owes allegiance 3. Offender Two Witness Rule testimony of at Superior strength
(obligation of fidelity a. Levies war vs govt least two witnesses to the same overt Treachery
and obedience an b. Adheres to enemy, gives act. Overt actPhysical activity that
individual owes to the aid or comfort constitutes the rendering of aid and
State). comfort
2.C&P to Commit 1. Time of war Wartime Mere conspiracy is felony; the very
Treason 2. Two or more persons agree to levy existence of the state is endangered
war or adhere to enemy or give Two witness rule not required
them aid or comfort Does not apply when the person
knows of treason already committed
by another
3.Misprision of 1. Offender owes permanent Wartime

Treason allegiance
2. Knows of any conspiracy to commit
treason
3. Conceals or does not disclose the
same ASAP
4.Espionage First Form Peace and !!!!INTENT IS MATERIAL!!!!
Offense of gathering, 1.Entering without authority a warship, War
transmitting, or losing fort, naval or military establishment or
information re national reservation to obtain photo thereof or
defense with intent or any info relative to the defense of PH
reason to believe that 2.He has no authority to enter
the info is to be used to 3.Purpose is to obtain such info
the injury of RP or the Second Form
advantage of any foreign 1.Offender is POE
nation 2.He has in his possession those data by
reason of his public office
3.He discloses this to a foreign nation rep
5.Inciting to War and 1.Offender commits unlawful or Peace Only Example: assassinating a head or Penalty higher if committed by POE
Criminal Law Review 1

Security
Giving Motives for unauthorized acts ambassador of a foreign state
Reprisal 2.Such acts provoke or give occasion for a Intent immaterial
war involving or liable to involve PH or
expose Filipino citizens to reprisal
6.Violation of 1. War in which PH is not involved Wartime Neutrality nation or power takes no part
Neutrality 2. Competent authority has enforced in a contents of arms going on between
neutrality others
3. Offender violates this
7.Correspondence 1. Wartime Wartime If the offender intends to aid the enemy Qualifies:
with Hostile 2. Offender makes correspondence thru letters, the crime is treason, hence, Info is or may be useful to the enemy
Country with enemy country or occupied the penalty is the same as treason Offender intends to aid the enemy
territory
3. Correspondence is either
a. Prohibited by govt
b. Carried on in
ciphers/unconventional
signs
c. Contains info which might
be useful to the enemy
8.Flight to Enemy 1. War in which PH is involved Wartime Needs prohibition by govt No attempted/frustrated stage
Country 2. Offender owes permanent or
temporary allegiance to govt
3. He attempts to flee
4. That such flight is prohibited by
competent authority
9.Piracy and Mutiny Peace and Piracy robbery or forceful depredation Qualified Piracy
Two ways of committing Piracy War on the high seas, without lawful authority, 1.Pirates seized the vessel by boarding
done with animo furandi, and in the spirit or firing upon it
1. Attacking or seizing a vessel on the of universal hostility 2.Pirates abandoned their victims
high seas or in PH waters Mutiny unlawful resistance to the lawful without means of saving themselves
2. Seizing in a vessel while in the high orders of a superior officer, or the raising 3.Crime is accompanied by murder,
seas or PH waters, the whole or of commotion or disturbance in a ship vs homicide, physical injuries or rape
part of its cargo, equipment, or the authority of its master
personal belongings of its crew or
passengers

Security
Elements of Piracy
1. Vessel in High Seas/PH Waters
2. Offenders are strangers
3. They do the two ways

Title II Elements Private Other Notes Modifying Circumstances

Crimes vs Person
Fundamental Law of Version
the State
1.Arbitrary 1.Offender is POE Kidnapping Without Legal Ground Penalty Period of Detention
Detention (FAQ) 2.He detains a person and Serious No valid warrantless arrest AM max to Not to exceed 3 days
3.Such is without legal ground Illegal No violent insanity or ailment PC min
Detention requiring compulsory PC med to More than 3 days less
confinement in hospital max than 15 days
!!!DETENTION IS ILLEGAL FROM THE PM More than 15 days not
BEGINNING!!! more than 6 mos
RT Exceeded 6 mos
2.Delay in the 1. Offender is POE Unlawful Does not apply to those arrested with Fail to What Felony
delivery of 2. He detains a person for legal ground Arrest a warrant deliver in:
detained persons 3. He fails to deliver such person to the Proper Judicial Authoritiesinquest 12 hours Light Felony
to the proper proper judicial authority within the proceedings 18 hours Correctional
judicial time provided Waiver of Benefit of Art. 125if the 36 hours Afflictive/Capital
authorities(FAQ) Rights of person arrested: person arrested asks for PI pursuant to
1. Inform of cause of detention Rules of Court, and he signs this in the
2. Confer upon his request with his presence of counsel.
attorney/counsel at any time Not applicable on
weekends/fortuitous events/legal
holidays
3.Delaying Release Elements: n/a Wardens and jailers most likely to
1.Offender is POE commit this
2.There is judicial or executive order for the
release of prisoner/detainee, or there is a
proceeding upon a petition for the
liberation of that person
3.Offender without good reason commits
any of the following:
a. Delaying the performance of a
judicial or executive order for the release
of a prisoner
b. Unduly delaying the service of that
notice to the prisoner

Crimes vs Person
the State
c. Unduly delaying the proceedings
upon any petition for the liberation of
such prisoner
4.Expulsion 1. POE Grave Only the court by a final judgment

2. Expels any person from PH/Compels Threat or can order a person to change his
him to change residence Grave residenceejectment, expropriation, and
3. Not authorized by law Coercion destierro
President may summary deport
undesirable aliens
5.Violation of 1. POE Trespass to Violation of Domicile is the entry of a Qualifies:
Domicile (FAQ) 2. Not authorized by judicial order to Dwelling POE in a persons dwelling without lawful Nighttime
enter/make searches for papers and cause and against the will of the Papers or effects not constituting
other effects inhabitant. Silence MAY be considered evidence of a crime not returned
3. Commits: implied waiver before and during the immediately
a. Entering the dwelling w/o consent of search.
owner An officer to make an arrest either by
b. Searching the papers or other effects virtue of warrant or valid warrantless
found therein w/o the previous arrest, may break into any building or
consent of such owner enclosure where the person to be
c. Refusing to leave the premises after arrested is or is reasonably believed to be,
having surreptitiously entered the if he is refused admittance thereto, after
dwelling and after having been announcing his authority and purpose.
required to leave the same Rule 113 Sec 11
6.Search warrants 1. POE n/a Search Warrant an order in writing TEST: If the affidavit filed in support of
maliciously 2. Does: issued in the name of the People of the the application for SW has been drawn
obtained and a. Procures SW w/o just cause or PH, signed by a judge, directing a peace in such a manner that perjury could be
abuse in the Exceeds his authority or officer to search for personal property charged thereon for the damages
service* of those b. Uses unnecessary severity in described therein and bring it before the caused
legally obtained executing SW legally obtained court.
- Search the premises in the presence of 2 Personal property to be seized are:
*presupposes witnesses and lawful occupant/his Subject of the offense; fruits of the
reasonable force may immediate family/2 witnesses of sufficient offense; items used or intended to be

Crimes vs Person
the State
be used in the age & discretion residing in the same locality used as the means of committing an
execution of a valid - Make a receipt of the items seized offense
warrant Officer may break open any
window/house to execute the warrant or
liberate himself if unlawfully detained
7.Searching 1.POE n/a Witnesses:

domicile without 2.Armed with SW legally procured in Owner
witnesses instances where a search is proper Any Member of his family of sufficient
3.Searches the domicile, papers or age and discretion
belongings of any person Two witnesses residing in the same
4.No witnesses present locality
8.Prohibition, 1.POE without legal ground Disturbance BP 880Public Assembly Act
interruption, 2.Does: of Public Maximum Tolerancehighest degree
dissolution of a. Prohibition/interruption of any Order Art of restraint that the military, police and
peaceful peaceful meeting or dissolving the 153 other peace keeping authorities shall
meetings same observe during a public assembly or its
b. Hindering any person from joining dispersal
any lawful association or from Prohibited Acts:
attending any of its meetings - Holding of public assembly w/o
c. Prohibiting/hindering any person permit
from addressing any petition to the - unjustified and arbitrary refusal of
authorities for the correction of mayor to issue permit
abuses or redress of grievances - obstructing, impeding, disrupting
right to peaceably assemble
- unnecessary firing of firearm to
disperse public assembly
- carrying w/in 100 meters, deadly
weapons, bladed weapons, malicious
burning of any object in the streets or
thoroughfares, use of motor
vehicle/horns/loud sounds to interfere
with public assembly

Crimes vs Person
the State
9.Interrupting 1. POE Religious Ceremonythose religious Qualifying: Violence or Threats
Religious 2. Religious ceremonies or acts performed outside the church, such
Worship (FAQ) manifestations of any religion are as processions and prayers for burials.
about to take place or are going on
3. POE disturbs/prevents them
10. Offending 1. !!!!ANYONE!!!! ANYONE Acts Notoriously OffensiveActs
Religious 2. Act /s complained of were CAN directed against religious practice or
Feelings (FAQ) performed in: COMMIT dogma or ritual for the purpose of
a. Place devoted to religious THIS but ridicule, as mocking or scoffing or
worship or correlate to attempting to damage an object of
b. During the celebration of any Unjust religious veneration.
religious ceremony Vexation Offense should be judged from
complainants POV.

TITLE III Elements Defenses Other Notes Who Commits

Crimes Against Public and How
Order
1. Rebellion and 1. There be a public uprising (3+ - Purpose of uprising must be shown. Rebellion to completely overthrow and Three or
Insurrection persons) and taking up arms vs - It is not necessary that the purpose be supersede existing government. more
Govt obtained. Giving aid and comfort (by Rebellion evokes not just a challenge to persons
2. For the purpose of either: furnishing cigarettes and food supplies) to authorities but also a civil war on a taking up
a. Removing from allegiance to PH rebels is not rebellion if he did not engage bigger or lesser scale. arms vs govt
Govt or its laws: in rebellion Cant be
i. Territory of PH or part - Civilians may take part in this Insurrection merely to effect some committed
ii. Any body of land, naval or - No complex crime of rebellion with change of minor importance alone
other armed forces, or murder and other crimes; it absorbs Can be
b. To deprive Chief Executive or crimes done in furtherance thereof. Resort Rebellion Treason committed
Congress, wholly or partially, of to arms, with resulting impairment or Time of Levying State of War, by private
any of their powers or damage to life and property, constitutes peace war ; to give aid to individuals
prerogatives not two or more offenses but only one when enemy
crime, rebellion. Onus on offended to Always Taking Can be
demonstrate that his criminal acts are involves up of committed
committed in furtherance of rebellion. taking up arms w/o taking
- Thus, if the crimes were done for private arms up of arms
purposes or profit and w/o political no Giving Yes
motivation, the crimes are separate. aid and
- Political Crimesdirectly aimed vs comfort
political order and those common crimes
to achieve a political purpose. The decisive
factor is the intent or motive.
RA 9372 Human Any person who commits an act Crimes: - Conspiracy to commit terrorism is a No
Security Act under the list thereby sowing and 122 Piracy & Mutiny crime
creating a condition of widespread and 134 Rebellion & Insurrection - Accomplices and Accessories to
extraordinary fear and panic among 134-A Coup dEtat Terrorism are punished
the populace, in order to coerce the 248 Murder - Proscription of Terrorist Orgs and
government to give in to an unlawful 267 KASID Association ok
demand, shall be guilty of the crime of 324Crimes Involving Destruction under: - Double Jeopardy applies to
terrorism and shall suffer the penalty - PD 1613 Arson prosecution under RA 9372 and RPC
of 40 years imprisonment w/o benefit - RA 6969 Toxic Substances and
of parole. Hazardous and Nuclear Waste Control

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It is the most severely punished Act
crime, even more than heinous crimes - Ra 5207 Atomic Energy Regulation and
which are punishable by reclusion Liability
perpetua w/o eligibility for parole in - RA 6235 Anti Hijacking
lieu of the death penalty. - PD 532 Piracy and Highway Robbery
- PD 1866 As Amended Firearms Law
2. Coup d Etat 1. Offender is POE or military - Can be committed by just one person who is a POE or military
2. Swift attack accompanied by VISTS - POEs mere silence or omission is not punishable in rebellion/insurrection/coup
(violence, intimidation, strategy,
threat, stealth) Who are liable?
3. Attack is directed vs duly Coup d Etat Rebellion/Insurrection
constituted authorities of RP, or Leaders Leads, directs, commands others to undertake Promotes, maintains, heads
any military camp or installation, coup detat a rebellion/insurrection
or communication networks, Deemed Any person who in fact
public utilities or other facilities Leaders - directed the others,
needed for the exercise and - spoke for them,
continued possession of power - signed receipts and other docs in their name, or
4. For the purpose of seizing or - performed similar acts on behalf of the rebels/coup offenders
diminishing state power Participants Govt service: Participates, executes
participates or executes directs/commands of commands of others
others
Not in govt service: participates, supports,

finances, abets or aids in undertaking coup
detat
Conspiracy Not Liable Liable; separate crime.
to Commit Conspiracy to commit
Rebellion 2+ persons
agree to rise publicly and
take arms vs govt for any of
the purposes of rebellion
and decide to commit it but
do not actually rise up
publicly and take up arms

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Proposal the person who
has decided to rise publicly
and take up arms vs govt for
any of the purposes of
rebellion proposes its
execution to someone else
and without performing
acts of rebellion himself
(otherwise, co-principal)
3. C&P to Commit Coup d Etat and Rebellion
4. Disloyalty of POE 1.Offender is POE
2. Fails to resist a rebellion by all the means in their power
3. Continues to discharge the duties of their office under the control of the rebels
4. Accepts an appointment to office under them
5. Must not be in conspiracy with the rebels
Committed only by POE; must not be a co-conspirator

5. Inciting to 1.Offender DOES NOT take up arms or Inciting to Rebellion Proposal to Commit Rebellion Any person;
Rebellion is not in open hostility vs govt Offender induces another to commit rebellion rebellion must
2.He incites others to execution of Rebellion should not have been committed, otherwise, the not have been
any acts of rebellion inciter/proponent will be principals by inducement committed
3.The inciting is done thru speeches, Need not decide to commit it Has decided to commit it
proclamations, writings, emblems, Act of inciting is done publicly Act of proposing is thru secret
banners, other reps tending to the means
same end
6. Sedition Elements: Sedition is a violation of the public peace. It is generally the raising of commotions or disturbances in the
1.Offenders rise publicly and State
tumultuously (3+ persons armed or
provided with means of violence) Sedition Rebellion Treason
2.Use force, intimidation or other
means outside legal methods Raising of To overthrow and Violation by a subject of his
3.They attain any of the objects: General commotions in supersede existing allegiance to his State
a.Prevent the promulgation or Sense the State government. Rebellion
Objects of Sedition
execution of any law or the evokes not just a challenge

holding of any popular election to authorities but also a

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b.Prevent the govt or any public Sedition Rebellion Treason
officer thereof from freely civil war on a bigger or
exercising functions, or prevent lesser scale.
execution of any administrative
order
c. Inflict any act of hate or Who Publicly and Tumultuously War Crime; Can be
revenge upon the person or Commits (More than three persons armed or provided committed by one person
property of any POE How with means of violence)
d.Commit, for any political or Committed
social end, any act of hate or Public Yes No
revenge against private persons Uprising (W/o this, First Form of Direct Assault ang
or any social class crime)
e.Despoil, for any political or Object See list a.Removing from allegiance Levies war vs govt, or
social end, any person, to PH Govt or its laws:
municipality, province, or natl i. Territory of PH or Adheres to enemy, gives aid
govt of all its property or part part or comfort
thereof ii. Any body of land,
naval or other
armed forces, or
b.To deprive Chief Executive
or Congress, wholly or
partially, of any of their
powers or prerogatives
Misprision Not Yesknowingly conceal Penalized
penalized such evil practices (dont
call it misprision; call it
Inciting to Sedition Art 142)
C&P To Conspiracy Conspiracy and Proposal to Commit

Commit Only
Absorption No Yes if done in furtherance Murder and physical
of Common thereof (Ppl. V. Hernandez) injuries inherent in
Crimes treason if they are overt
No if it is not a political crime acts thereof (Ppl v.
but is motivated by personal Prieto)

Order
Sedition Rebellion Treason
greed
Inciting to Yes Yes No
Commit
Thru No No No
Negligence
Committed Not Not penalized Penalized
Abroad penalized
Continuing Yes
Crime
7. Conspiracy to Must agree to rise publicly and No proposal to commit sedition. Mere conspiracy punishable Any person
Commit Sedition tumultuously for any of the objects of
sedition
8. Inciting to Sedition Acts: should incite others to the accomplishment of xxx sedition No inciting if the defendant is not proved
1.Inciting others to commit thru to have incited the people to rises publicly and tumultuously
speeches, proclamations, writings Think seditious plays Kahapon, Ngayon at Bukas of Aurelio Tolentino
etc
2.Uttering seditious words or Two rules:
speeches which tend to disturb the 1. Clear and Present Danger Rule the words must be of such a nature that by uttering them, there is a
public peace danger of public uprising, and this is clear and imminent. It is required that there must be reasonable
3.Writing, publishing, circulating ground to believe that the danger is imminent and the evil to be prevented is serious injury to the
scurrilous libels vs govt which tend State.
to disturb the public peace 2. Dangerous Tendency Rule If the words used tend to create a danger of public uprising, then those
4.Knowingly conceal such evil words could properly be the subject of a penal clause.
practices
(In poli law, we use Clear and Present Danger Rule, not Dangerous Tendency Rule. Freedom of speech is
Elements not absolute but still vaunted.)
1.Offender does not take part directly
2.He incites others to accomplish any
act of sedition
3.Thru speeches, proclamations,
writings, emblems, cartoons,
banners, other reps tending to the

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same end
Chapter II. Crimes vs Popular Representation
9. Acts tending to Elements:

prevent the 1.There be a projected or actual meeting of Congress/Constitutional Commissions, or divisions thereof, or any provincial/city/municipal board
meeting of 2.Offender prevents this thru force or fraud
Congress and
Similar bodies
10. Disturbance of Elements:
proceedings of 1. A meeting of Congress/Consti Comm, or their committees or subcommittees, or any provincial/city/municipal board
Congress or 2.Offender does
similar bodies a. Disturbs
b. Behaves while in the presence in such a manner as to interrupt or impair the respect due it
11. Violation of Acts Punishable
Parliamentary 1.Using force, intimidation, threats or frauds to prevent any member of Congress from attending its meetings, or expressing his opinions, or casting
Immunity his vote (ANY PERSON)
2.Arresting or searching any member thereof while Congress is in session, except if the crime is punishable by penalty is prision mayor or higher (POE
only)
Chapter III Illegal Assemblies and Associations
12. Illegal Assemblies First Form - Any meeting in fixed/moving place attended by armed persons for the The absence of intent may be a defense.
purpose of committing any felonies. (A good number must be armed in the group) Persons merely present: arresto mayor
Persons with licensed FA: Prision Correctional
Second Form - Any meeting in fixed/moving place which the audience, armed or not, is Persons with Unlicensed FA: Presumed leader and the
incited to commit: treason, rebellion/insurrection, sedition, or assault upon PA/APA purpose is to commit felonies
13. Illegal Associations 1. Associations totally or partially Mere membership in CPP is not a crime. 1. Founders,
organized for the purpose of directors and
committing felonies Subversion association, organization group organized for the purpose of presidents
2. Associations totally or partially 2. Mere
organized for some purpose members
contrary to public morals

Order
Chapter Four. ASSAULT UPON AND RESISTENCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
14. Direct Assaults First Way Without public uprising, by Elements of First Form: Example: an act of hate upon the ANY PERSON
(Two ways of employing force or intimidation for the 1. No public uprising property of a public mayor by two NO PUBLIC
committing) attainment of any of the purposes 2. Aim is that of rebellion or sedition disgruntled persons UPRISING
enumerated in the crimes of rebellion 3. Offender uses force or intimidation
and sedition
a.Prevent the promulgation or
execution of any law or the holding of
any popular election
b.Prevent the govt or any public officer
thereof from freely exercising
functions, or prevent execution of any
administrative order
c. Inflict any act of hate or revenge
upon the person or property of any
POE
d.Commit, for any political or social
end, any act of hate or revenge
against private persons or any social
class
e.Despoil, for any political or social end,
any person, municipality, province, or
natl govt of all its property or part
thereof
Second Way Without public uprising, Employ Force Attack includes any antagonistic or Any person
by employing force, or seriously For APA, the force must be of a serious offensive movement. without public
intimidating, or seriously resisting any character as to indicate determination to uprising
PA or APA while in the performance of defy the law and its reps PA person directly vested with
official duties or on the occasion o f jurisdiction to govern, execute the laws
such performance Resistance must be active and not just and administer justice. Includes teachers
throwing oneself to the ground to resist and lawyers in the performance of their
Elements of Second Form of DA arrest. Example: NANLABAN (legit) duties.
1.Offenders attacks; employs force; Self defense by the offended party if the
makes serious intimidation; seriously unlawful aggression came from the PA/APA APA - Those who, by direct provision of

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resists is allowed. law, or by election or by appointment,
2.Offended Party is PA/APA are charged with the maintenance of
3.At the time of the assault, PA/APA is No direct assault: public order and the protection of life
engaged in official duty; or he is - PA/APA exceeds his power or acts without and property; and any person who
assaulted by reason of past authority comes to the aid of PA. Includes: PNP,
performance of official duty - APA uses unnecessary force or violence NBI, brgy tanod. NOT INCLUDED: AFP
4.Offender knows offended is PA/APA - Both offender and offended parties are
5.No public uprising PA/APA who descend to matters which are DA is complexed with homicide, murder,
private in nature. serious physical injuries, or less serious
QUALIFIED: (Second form only) physical injuries as the case may be.
1. Committed with a weapon
2. Offender is a POE The crime of slight physical injuries is
3. Offender lays hands upon PA absorbed in direct assault
16. Indirect Assaults 1.PA/APA is the victim of any DA Indirect assault can only be committed if a direct assault is also committed.
2.A third person comes to the aid of
such PA/APA Examples:
3.The offender makes use of 1. A policeman is having a hard time pushing a suspect inside a police car because the suspect is pulling
force/intimidation upon the person back. A third person who came to help put the suspect inside the car was kicked by the suspect. The
coming to help the assaulted PA/APA kicking of the third person constitutes Physical Injuries merely. The police is not under Direct Assault.
2. The Mayor is pushed and shoved while on his way home by an irate person whose house was
demolished. A vendor who pulls the Mayor away is himself slapped. The crime on the Mayor is direct
assault and the crime on the third person is also direct assault.
But if the third person directs the vendor to stop but the vendor tells him not to interfere, the crime
against the third person would be resistance under Article 151.
3. X came to help The Chief of Police who was being pushed and shoved by vendors who were not allowed
to sell on the sidewalk. X was also kicked and boxed and thrown to the ground. Y came to help X but was
himself kicked and boxed. What is the crime against Y? Physical injuries only. Y commits Rsistance and
Disobedience to the COP, not direct assault.
17. Disobedience to
summons by
Congress, Consti.

Order
Commissions, or
their committees
18. Resistance and Paragraph 1 The crime committed by any person who shall resist or seriously disobey any PIA or APIA while engaged in
Serious Serious Disobedience to PA and APA the performance of official duties.
Disobedience to a 1. PA/APA engaged in the Defense- reasonable force to prevent Violation of Domicile
PIA or APIA performance of official duty or
gives a lawful order to the DA Resistance/Serious Disobedience
offender PA/APA engaged in the performance of Why and PA/APA must be in the actual performance
2. Offender resists/seriously duties or assaulted by reason thereof When of duty
disobeys committed
3. The offender is not doing DA, DA 2nd form is committed in four ways: resisting or seriously disobeying a PA/APA
IDA, or Disobedience to attacks; employs force; makes serious How
summons intimidation; seriously resists Committed
Paragraph 2
Simple Disobedience to APA Serious and deliberate Use of Use of force is not so serious, as there is no
1. APA engaged in the force manifest intention to defy the law
performance of duty
2. Offender disobeys APA Even any kind of force PA resisted If no force is employed
3. Disobedience is not of a serious
nature
CHAPTER FIVE PUBLIC DISORDERS
19. Tumults What are Tumults? Must be planned or intended

1. Causing any serious disturbance in a public place/office/establishment
2. Interrupting performances or peaceful meetings if not covered by Art
131(prohibition of peaceful meetings) and 132 (interruption of religious worship)
3. Making an outcry tending to incite rebellion/sedition in any meeting
4. Displaying placards which provoke a disturbance of public order
5.Burying with pomp the body of a person legally executed
20. Unlawful use of A. Publishing or causing to be published as news any false news which may endanger Not all yellow journalism is penalized; only those which
means of the public order, or cause damage to the interest or credit of the state. endangers public order

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publication and B. Encouraging disobedience to the law or to the authorities by praising, extolling any Example: praising the act of the Magdalo soldiers as a
unlawful act punished by law. supreme sacrifice worthy of emulation by all soldiers.
utterances
C. Malicious and unauthorized publication or premature publication of official These resolutions may still be withdrawn or amended.
resolutions or documents. Example: publishing a Resolution of the City Prosecutor s
Office before it is officially docketed and mailed to the
parties. The intention must be to cause damage.
D. Printing publishing or distributing periodicals or any published material, which do These are those publications the subject or contents of
not bear the printers name or those classified as anonymous. which are prohibited by law, such as obscene materials.
24. Alarms and A. Discharging any firearm, rocket or fire cracker or other explosive in any town or 1). The gun should not be pointed at any person or in the
Scandals public place which caused alarm or scandal general direction of a person
2). It does not matter that the gun was fired within the
premises of ones house so long as there were people who
were disturbed.
3). If a gun is pointed at any person the following are the

possible crimes:
a.Grave threats if the gun is not discharged
b.Illegal discharge if fired but there is no intent to kill
c. If with intent to kill and the gun is fired resulting to a
harm, it is homicide, frustrated or attempted homicide
depending on the actual material injury
d.If fired but with intent merely to injure; it is slight, less
serious, or serious physical injuries
e.If the pointing or firing is to compel the victim to do
something or to prevent him from doing something
lawful, it is grave coercion
B. Instigating or taking part in any charivari or other disorderly meeting offensive to Charivari - making noise from materials designed to annoy,
another or prejudicial to public tranquility. insult, and disturb public peace. If directed to an individual:
unjust vexation.
C. Disturbing the public peace while wandering about at night or while engaged in
other nocturnal activity.
D. Causing any disturbance or scandal in public places which are only slight and not
tumultuous.

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28. Delivering 1. There is a person confined in a Person confined may be by final conviction Offender is usually an outsider
Prisoners from Jail jail or penal establishment or under detention only
2. Offender removes the person Can be confined in hospitals and asylums If offender is POE in the penal establishment, crime is
from there or helps him escape which are considered extension of the jail or Infidelity in the custody of a prisoner
prison
If the escapee merely detention prisoner, he is not liable for
any crime unless he also commits direct bribery and he
thus becomes principal by inducement (Boado)
If the escapee is a convict by final judgment , he is liable for

evasion of service of sentence
CHAPTER SIX EVASION OF SERVICE OF SENTENCE
29. Evasion of Service 1. Offender is a convict by final Not applicable if the sentence is deportation
of Sentence judgment Applicable in destierro
2. He is serving his sentence If the convict evades sentence and was granted an amnesty afterward, he may not be charged for evasion
which is DEPRIVATION OF of service of sentence.
LIBERTY
3. He escapes during term of QUALIFIED:
sentence 1. Escape by unlawful entry
2. Breaking doors, windows, gates ,walls , roofs, floors
3. Using picklocks, false keys, disguise, deceit, violence, intimidation
4. Thru connivance with other inmates
30. Evasion on
occasion of
disorders
31. Violation of 1. Convict by final judgment Prision Correcional penalty remitted is 6 This is a distinct crime. Convict by final
Conditional Pardon 2. Granted a conditional pardon years or less judgment only
by Chief Executive Unexpired portion of sentence More than Not detainee
3. He violates that 6 years
Chapter Seven Quasi Recidivism
32. Commission of Quasi Recidivism
Another Crime 1. Convicted by final judgment of one offense

Order
during the service 2. Commits another felony before serving or while serving
of penalty
imposed for
previous offense

TITLE FOUR Who Commits

Crimes vs Public Elements Other Notes Modifying Circumstances
Interest
CHAPTER ONE FORGERIES
1. Counterfeiting the
great seal of the
Govt
2. Using forged
signature or
counterfeit seal
3. Making and
importing and
uttering false coins
4. Mutilation of coins, If coin is foreign currency, its mutilation
importation and is not a crime
uttering of mutilated The coin must be legal tender
coins
5. Selling of false or 1. Possession of counterfeit/mutilated
mutilated coins with intent to utter knowing its
falseness
2. Actually uttering and knowing it is
false
6. Forging Treasury or
Bank Notes and
Uttering the Same
7. Counterfeiting,
importing and
uttering instruments
not payable to
bearer
8. Illegal possession 1. Treasury or bank notes are forged Any Person Mere possession alone is not a criminal Failure to state why he has them gives
and use of forged or falsified by another person offense. The intent to use and rise to presumption that he either
treasury bills 2. Offenders knows of its forgery knowledge of its falsity are elements. made them or does not want to

Interest
3. He uses them; or he possesses divulge who made them.
them with intent to use
9. Falsification of 1. Bill/resolution or Any person who Limited to altering which changes its
legislative approved/pending approval by has no authority meaning. Other acts of falsification fall
documents Congress or SB to do this under 171 or 172.
2. Offender alters these
3. He has no authority
4. Alteration changed the meaning
of the doc
10. Falsification by POE 1. POE/Notary Public Takes Advantage of POE or Notary Document: any written statement by No falsification by one who acts IGF
or Notary 171 Public Position Public or which a right is established or an Falsification by Omission yes
2. Falsifies a document: Ecclesiastical obligation extinguished. It is writing or
Minister (only instrument by which a fact can be
for docs that proven or established.
affect civil status Alteration which speaks the truth is not
of persons) falsification
Intent to gain not necessary. It is the
official character of the offender which
is mainly taken into consideration.
i. Counterfeiting or imitating or feigning Genuine doc need not exist. Attempt to
any handwriting/sig/rubric imitate necessary. Feigning-imbento
ii. Causing it to appear that persons Genuine doc need not exist
appeared when they did not
iii. Attributing any acts other than those Genuine doc need not exist
they made
iv. Making untruthful statements in Genuine doc need not exist
narration of facts
v. Altering true dates Genuine doc need not exist
vi. Making any alteration or intercalation Genuine Document necessary to exist
in a genuine doc which changes its
meaning

Interest
vii. Issuing in authenticated form a doc Cant be done Genuine Document necessary to exist
purporting to be a copy of original doc by Private for second part
when no such original exists; or Person alone
including in such copy a statement
different from the genuine original
viii. Intercalating any instrument or note Genuine doc need not exist
relative to the issuance thereof in a
protocol, registry or official book
19. Falsification by Three Acts Punishable. Generally has no Intent to damage is material. Damage ESTAFA vs FALSIFICATION
Private Individuals frustrated /attempted stage need not be material, but could be
and Use of Falsified damage to ones honor.
Docs 172 First Falsification of public, official or Private Does: Disputable Presumption: Possessor of
commercial document by private individual in a i. Counterfeiting or imitating or a falsified doc is its author
individual PUBLIC, feigning any handwriting/sig/rubric
OFFICIAL or ii. Causing it to appear that persons Complex Crime:
Public Document doc created, executed COMMERCIAL appeared when they did not - Estafa thru Falsification of Public,
or issued by a public official in response to document only iii. Attributing any acts other than Official or Commercial Document.
the exigencies of public service; any those they made Also: Falsification of P/O/C Doc thru
instrument duly notarized iv. Making untruthful statements in Reckless Imp
narration of facts
Official Document Issued by a PO in the v. Altering true dates Never Estafa thru Falsi of Private Doc
exercise of the functions of his office. Also vi. Making any alteration or or Falsi of Private Doc thru Reckless
a public doc. intercalation in a genuine doc which Imprudence.
changes its meaning
Commercial Document any doc defned vii. Issuing in authenticated form a
and regulated by Code of Commerce (ex: doc purporting to be a copy of original
checks, quedans, bills of lading, etc) doc when no such original exists; or
including in such copy a statement
Private Document deed or instrument different from the genuine original
executed by private persons w/o viii. Intercalating any instrument or
intervention of notary. If notarized, note relative to the issuance thereof in a
becomes public (except Wills) protocol, registry or official book

Interest
Second Falsification o f private Private person Does: Because intent to damage is
document by any person i. Counterfeiting or imitating or material here, there is no such
Elements: feigning any handwriting/sig/rubric thing as Falsification of Private doc
1. Private person ii. Causing it to appear that persons thru Reckless Imprudence
2. Does 1-6 and 8 appeared when they did not
3. To the prejudice of another iii. Attributing any acts other than
those they made
iv. Making untruthful statements in
narration of facts
v. Altering true dates
vi. Making any alteration or
intercalation in a genuine doc which
changes its meaning
viii. Intercalating any instrument or
note relative to the issuance thereof in a
protocol, registry or official book
Third Use of falsified document in Private person Damage is not material if the use is in
Judicial or Other Proceedings who knows that judicial proceeding
Elements: the doc is For any other transaction, damage or
1. Private person falsified intent to damage is needed.
2. Knew the doc was falsified by another
3. He uses this as evidence in any judicial
proceeding; OR the use of this
prejudices another or he has the
intent to prejudice another
23. Falsification of Three Acts Punished: POE; or Text Message/Emails/Whatsapp can be INTENT TO DAMAGE MATERIAL
wireless, cable, 1. Uttering fictitious wireless, telegraph, Private falsified thru this
telegraph and or telephone message employee of
telephone messages; 2. Falsifying those communications
use 3. Using those
24. False medical False Med Cert by Physician Physician Certificate - any writing by which
certificates, merit or False Certificate of Merit /Service by POE POE testimony is given that a fact has or has
service False Certificates by Other Private Persons Other Private not occurred. Not necessarily notarized.
25. Use of false See Immediately preceding. The use of Person who

Interest
certificates that by any person is punished here. uses that
26. Manufacturing and
possession for
falsification
CHAPTER TWO OTHER FALSITIES
27. Usurpation of Two ways: POE or Private POE be very careful, follow law of Additional penalty for usurpation of
authority or official Usurpation of Authority (nagpanggap na Person succession of office diplomatic or consular or foreign
function may trabaho) Usurper- one who introduces himself govt authority
Usurpation of Official Function (ginawa into an office that is vacant or outs an
yung trabaho ng iba) incumbent without color of title and
assumes his job
28. Using fictitious Use of false name publicly to: conceal a Any person Unregistered aliases Not app for screen names or other
names crime; evade execution of judgment; artsy stuff
cause damage to public interest
29. Illegal Use of 1.Use of insignia Any person
Uniform/Insignia 2.Which pertains to an office not held by
offender
3.Publicly and improperly
30. False Testimony vs 1.Crim proc ongoing Witness YES EVEN IF THE TESTIMONY IS NOT
Defendant !!!! 2.Offender testifies vs defendant CONSIDERED BY THE COURT!!!!
CRIMINAL!!!!! 3.He knows that to be false
4.The defendant is acquitted or
convicted (correctional penalty) IN A
FINAL JUDGMENT
31. False Testimony in 1.Crim proc ongoing False testimony by negative statement is Rectification immediately after
favor of Defendant 2.Offender testifies in favor of defendant in favor of defendant realizing his mistake is not penalized
!!!!CRIMINAL!!!!! 3.He knows that to be false False testimony need not directly
influence acquittal If afflictive penalty of defendant- AM
Intent to favor defendant needed PC
Any other penalty for defendant AM
32. False testimony in 1.Testimony given in civil case
Civil Cases 2.Testimony relates to the issues in the
case

Interest
3.Testimony is false
4.Defendant knows this to be false
5.Testimony is malicious and with intent
to affect the issues in the said case
33. Other False Two ways: Person making a Making falsities in PDS by a govt Good faith is a defense
Testimony and First Falsely testifying under oath statement employee is not perjury but falsi by POE
Perjury Second Making false affidavit under oath 171, because the oath is not made
before a competent officer?
PERJURY willful false PERJURY
oath 1. Accused made statement under SALN is required by law to be under oath
oath or executed an affidavit upon so lying in it will make you liable for
a material matter PERJURY
2. Made before competent officer
authorized to receive oath
3. Deliberate and willful assertion of
falsity
4. The sworn statement/affidavit is
required by law
SUBORNATION OF PERJURY
- A person knowingly and willfully
procures another to swear falsely
and that person does testify under
circumstances rendering him guilty
of perjury
34. Offering False Testimony in Evidence Offender If the offeror induces the witness to
1. Offender offered in evidence a false witness/testimony without make false testimonies, this is not the
2. He knew it to be false inducing crime. Use the ones above as necessary.
3. Offer made in a judicial or official proceeding another to be a
false witness
CHAPTER THREE FRAUDS
35. Machinations in
Public Auction

Interest
36. Monopolies &
Combinations in
Restraint of Trade
37. Importation and
Disposition of Falsely
Marked Precious
Metals
38. Substituting and
Altering Trade
Names See Intellectual Property Code
39. Unfair Competition

Title V Elements When Other Notes Modifying Circumstances

Crimes Related to Committed
Opium and Other
Prohibited Drugs
RA 9165 Comprehensive
Dangerous Drugs Act
Section 5
Section 11
Section 15
Section 21

Title VI
Crimes vs Public Morals Elements Other Notes Modifying Circumstances
1.Gambling PD 1602
3.Importation, sale and 1. Any person who directly or indirectly take part in illegal games of chance
possession of lottery 2. 2. Any person who shall knowingly permit any form of gambling illegal in an inhabited or uninhabited place or in any building, vessel, or other
tickets and ads means of transportation he owns or controls.
4.Betting in sports RA 9287 Illegal Numbers Games penalizes:
contests - Bettors
5.Illegal betting on horse - Collectors/agents Stiffer penalties for POE
races - Coordinator, controller, supervisor
6.Illegal cockfighting - Maintainer, manager, operator
- Financier, capitalist
- coddler
7.Grave Scandal 1. Offender performs an act Grave Scandal Acts offensive to the decency and good
2. Highly scandalous and offends decency customs which, having been committed publicly, have
and good customs given rise to scandals to people who have accidentally
3. Which isnt panelized by any other article witnessed the same
of RPC
4. And its committed in a public place,
w/in public view or public knowledge
8.Immoral doctrines, 1. Publicly expound or proclaim PUBLICITY is essential Mere possession of obscene materials
obscene publications doctrines openly contrary to public OBSCENE means offensive to chastity or decency is not punishable, if without intent to
and exhibitions morals Test of Obscenity can it deprave or corrupt those sell, exhibit or disseminate
2. Authors of obscene literature, whose minds are open to such influences? Nudity is not
editors of such, and per se obscene. CONTRA: Anti Child Porn Act, Anti
owners/operators that sell those Trafficking Law, and Child Abuse Law
3. Immoral or indecent plays, penalize the mere possession of child
theaters, fairs, cinemas, etc which porn.
a. Glorify criminals or
condone crimes
b. Serve no other purpose but
to satisfy lust, violence or
porn
c. Offends race, religion
d. Tends to abet traffic in and
use of prohibited drugs

Title VI
e. Contrary to law, public
order, public morals, good
customs
4. Sell, give away, exhibit films, prints,
etc which are offensive to morals
9.Prostitution 1. Women who habitually indulge in A prostitute who is a victim of human trafficking is not to Not applicable to minors.
sex or lascivious conduct be charged as such.
2. For money or profit
RA 9208, as amended ELEMENTS: ACTS, MEANS, PURPOSE
by RA Acts of TIP
Expanded Anti 1. To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the
Trafficking in Persons pretext of domestic or overseas employment (NO DOUBLE JEOPARDY IF CHARGED WITH ILLEGAL RECRUITMENT AS WELL) or training or
Act apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
2. MAIL ORDER SPOUSE. To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for
under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
3. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
4. SEX TOURISM. To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual exploitation;
5. PROSTITUTION/PORNOGRAPHY. To maintain or hire a person to engage in prostitution or pornography;
6. FALSE ADOPTIONS. To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
7. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
8. To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;
9. USE OF CHILDREN IN ARMED CONFLICT. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child
to engage in armed activities in the Philippines or abroad;
10. DEBT BONDAGE & SLAVERY. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means defined
in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern
intended to cause the person either:
(1) To believe that if the person did not perform such labor or services, he or she or another person would suffer serious harm or physical
restraint; or
(2) To abuse or threaten the use of law or the legal processes; and
11. SELLING CHILDREN IN GENERAL. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for

Title VI
purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for any consideration or for
barter for purposes of exploitation.
Trafficking for purposes of exploitation of children shall include:

(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out,
is likely to harm their health, safety or morals; and
12. To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act.
Acts That Promote TIP

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues these certificates, decals and such other markers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes
trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents
from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance
of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery;
(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported
passport or other travel, immigration or working permit or document, or any other actual or purported government identification, of any
person in order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person s liberty to move or travel in
order to maintain the labor or services of that person; or

Title VI
(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act.
Qualified TIP
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3)
or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the
offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies;
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
(h) When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days, whether those days are continuous
or not; and
(i) When the offender directs or through another manages the trafficking victim in carrying out the exploitative purpose of trafficking.
Attempted TIP
Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime,
by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking
in persons.
In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:
(a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required
clearance or permit from the Department of Social Welfare and Development, or a written permit or justification from the child s parent or
legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the child.

Title VII
Crimes Committed by Elements Who Other Notes Modifying Circumstances
Public Officers Commits
CHAPTER ONE Who are Public Officers
CHAPTER TWO Malfeance and Misfeance In Office
Malfeance performance of an act which should not be done

Misfeance improper performance of an act which might be done
Nonfeance omission of an act which ought to be performed
1. Knowingly rendering 1. Judge

unjust judgment 2. Renders judgment in a case Knowingly Jdg. Thru Unjust Malicious Prosecution of
submitted for decision Rendering negligence Interlocutory Delay in Offenses
3. Such decision is unjust Unjust Jdg. Order Admin of
4. He knows it Justice
2. Judgment rendered 1. Judge Who issues Judges; Quasi Judicial Officers; Not Collegiate Courts* POE who has
thru negligence 2. Renders judgment in a case submitted Mere Error Of judgment is not penalized duty to
for decision prosecute
3. Such decision is manifestly unjust offenses or
4. Thru inexcusable negligence or cause
ignorance prosecution of
3. Unjust Interlocutory 1. Judge offenses
Order 2. Makes Interlocutory order
3. Such decision is manifestly unjust Bad Faith Yes Not necessary Yes Yes
4. Thru inexcusable negligence or Source of Malice, ill will, Gross Ignorance Gross Ignorance Malice; Malice and
ignorance Error revenge or of the of the deliberate intent to favor
4. Malicious Delay in the 1.Judge bribery Law/Inexcusable Law/Inexcusable intent to the criminal
Administration of 2.With pending case in his court Negligence Negligence damage a
Justice 3.Delays admin of justice party
4.With malice, deliberate intent to *Not for collegiate courts these reach their conclusions in consultations and accordingly render
damage either party collective judgment after due deliberation
Manifestly unjust judgment- even a person having meager knowledge of the law can t doubt the

Title VII
injustice.
Mere error of judgment is not punishable.
5. Prosecution of 1. POE with duty to prosecute POE who

Offenses; Negligence offenses or cause prosecution of has duty to
and Tolerance offenses prosecute
2. Dereliction of dutyknows the offenses or
crime was done but does not cause
cause the prosecution of the prosecution
criminal or tolerates the of offenses
commission of a crime
3. Acts with Malice and deliberate Includes
intent to favor the violator of the Police and
law Prosecutors
6. Betrayal of Trust by Acts Punished Lawyers Not for non-lawyers because theyre not
Attorney hired as covered by Rules of Court
Causing damage to his client by counsel
malicious breach of professional duty or Correlate with Conflict of interest of lawyer
inexcusable negligence or ignorance and lawyers oath
Damage necessary
Revelation of clients secrets learned in

his professional capacity Damage not
necessary
Undertaking defense of opposing party

in the same case without consent of
first client or after having received
confidential info from said first client.
if first client consents, no crime.
7. Direct Bribery Three acts Prohibited !!POE

only*!! Not 1st Form 2nd Form 3rd form

Title VII
First Act even if he Gift Not necessary Yes Not necessary
Agreeing to perform or performing a conspired Acc
crime in connection with his official with Private ept
duty in consideration of performance of Personth ed?
his official duty e latter will Wh No. Mere agreement The act is not unlawful The act should be
be liable for at enough and may or may not be something he should
Second Act Corruption act done do but he refrains from
Accepting a gift in consideration of an of Public is doing it
act which does not constitute a crime in Officials pu
connection with performance of official nis
duty he
d?
Third Act
Agreeing to refrain or actually refraining DB IB
from doing something it is his official Gifts Yes received Yes received
duty to do in consideration of gift or Att/Frust Yes None
promise. Second Stage-received the
bribe but unable to do the
act
Agreement Present None
For what Performs or agrees to Accepts the gift because of the
perform an act or does not office
perform an act because of
the gift or promise
8. Indirect Bribery 1. POE POE If the POE asks for a gift in order to
2. Accepts gifts ONLY*!! *Private persons are liable if they are do his job, and the private person
3. Offered to him by reason of his office Private performing public functions, such as does not do it, what is the crime?
person assessors, arbitrators, appraisers and claim
liable for commissioners. These private persons are
Corruption usually designated and/or directed by the
of Public court to perform these functions as part of
Officials pending proceedings, and to submit their
findings to the court.
9. Qualified Bribery 1. POE entrusted with LE POE

Title VII
2. He refrains from arresting / entrusted
prosecuting an offender who has with Law
committed a crime punishable by RP Enforcemen
to Death t
3. Due to a consideration, gift or
promise Bribe giver
liable for
Corruption
of Public
Officials
10. Corruption of Public 1.He offers, promises, or gives gifts to Any person Attempted stage pwede. The POE did not
Officials POE who take the bribe. Only the Bribe Giver will be
2.Under circumstances that will make promises or liable for attempted corruption of public
the POE liable for DB, IB or QB offers or officer.
gives gifts to
POE
Anti Graft and Corrupt Committed by POEs and Private Persons who conspire A public officer performs an act inimical to public service
Practices Act with them.
Exception. Unsolicited gifts or presents of small or insignificant value offered or
Eleven Acts of G&CPs: given as a mere ordinary token of gratitude or friendship according to local customs
1. Persuading, inducing or influencing another public or usage, shall be excepted from the provisions of this Act.
officer to perform an act constituting a violation of
rules and regulations duly promulgated by Prohibitions
competent authority or an offense in connection President, Vice intervene, directly or indirectly, in any business, transaction,
with the official duties of the latter, or allowing President, contract or application with the Government
himself to be persuaded, induced, or influenced to Senate NOT APPLICABLE: prior to the assumption of office of any of the
commit such violation or offense. President, above officials to whom he is related, has been already dealing
Speaker of with the Government along the same line of business, nor to
2. Directly or indirectly requesting or receiving any HOR and any transaction, contract or application already existing or
gift, present, share, percentage, or benefit, for relatives pending at the time of such assumption of public office, nor to
himself or for any other person, in connection with within 3rd any application filed by him the approval of which is not
any contract or transaction between the degree of discretionary on the part of the official or officials concerned
Government and any other part, wherein the consanguinity but depends upon compliance with requisites provided by law,
public officer in his official capacity has to or rules or regulations issued pursuant to law, nor to any act

Title VII
intervene under the law. lawfully performed in an official capacity or in the exercise of a
profession.
3. Directly or indirectly requesting or receiving any Members of acquire or receive any personal pecuniary interest in any
gift, present or other pecuniary or material benefit, Congress specific business enterprise which will be directly and
for himself or for another, from any person for particularly favored or benefited by any law or resolution
whom the public officer, in any manner or capacity, authored by him previously approved or adopted by the
has secured or obtained, or will secure or obtain, Congress during the same term
any Government permit or license, in
consideration for the help given or to be given,
without prejudice to Section thirteen of this Act.
4. Accepting or having any member of his family

accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
5. Causing any undue injury to any party, including

the Government, or giving any private party any
unwarranted benefits, advantage or preference in
the discharge of his official administrative or
judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees
of offices or government corporations charged
with the grant of licenses or permits or other
concessions.
6. Neglecting or refusing, after due demand or

request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage,
or for the purpose of favoring his own interest or

Title VII
giving undue advantage in favor of or
discriminating against any other interested party.
7. Entering, on behalf of the Government, into any

contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
8. Director or indirectly having financing or pecuniary

interest in any business, contract or transaction in
connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any
interest.
9. Directly or indirectly becoming interested, for

personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed

against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or
group to which they belong.
10. Knowingly approving or granting any license,

permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not

Title VII
so qualified or entitled.
Divulging valuable information of a confidential

character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in advance
of its authorized release date.
Anti Plunder Act 1. That the offender is a public officer who acts by 1. Plunder is the act of accumulating or acquiring ill-gotten wealth in an aggregate
himself or in connivance with members of his family, amount of at least P50 million, personally or in connivance with third persons
relatives by affinity or consanguinity, business
associates, subordinates or other persons; 2. The accumulation must be through a combination or series of overt acts, a pattern
indicative of the overall unlawful scheme or conspiracy
2. That he amassed, accumulated or acquired ill-gotten
wealth through a combination or series of the 3. The penalty is reclusion perpetua to death
following overt or criminal acts with aggregate
amount or total value of at least P50,000,000.00: 4. For non-public officers their liability will depend on their degree of participation and
the attendance of mitigating and aggravating circumstances
(a) through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public 5. Rule of Evidence. For purposes of establishing the crime of plunder, it shall not be
treasury; necessary to prove each and every criminal act done by the accused in furtherance of
(b) by receiving, directly or indirectly, any commission, the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being
gift, share, percentage, kickback or any other form sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts
of pecuniary benefts from any person and/or entity indicative of the overall unlawful scheme or conspiracy.
in connection with any government contract or
project or by reason of the office or position of the
public officer;
(c) by the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities of Government owned or
controlled corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other
form of interest or participation including the

Title VII
promise of future employment in any business
enterprise or undertaking;
(e) by establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to beneft particular persons or special
interests; or (f) by taking advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at
the expense and to the damage and prejudice of
the Filipino people and the Republic of the
Philippines; and,
11. Frauds vs Public Fraud under Paragraph 1: punishes any public officer It does not matter that the government was not damaged as mere intent to defraud
Treasury who in his official capacity enters into an agreement or consummates the crime.
scheme to defraud the government.
Frauds vs Public Treasury The officer must have the duty to deal with any person with regard to furnishing
and Illegal Extraction The POE must have official capacity, otherwise, estafa supplies, the making of contracts, or adjustment or settlements of accounts relating to
thru deceit. public property or funds. Example: Chief, BFO
Illegal Exaction under Paragraph 2 There is no need for misappropriation of funds or intent to defraud because the
The offender is limited to those public officers essence of the crime is the improper or irregular manner of the collection.
entrusted with the collection of taxes, licenses fees and Example: Cashiers of LTO
other imposts. He is thus an accountable public
officer. If otherwise, the crime would be estafa.
However officers under the BIR and BoC are covered by

the NIRC and Customs Code or the Administrative
Code.
a). Demanding the payment of sums (i). Here mere demand is sufficient even if the payer refused to come across. If he pockets the excess
different from or larger than those he commits estafa through illegal exaction
authorized by law.
(ii). Suppose the payor allows him to keep the change and the officer did not turn it over to the
government, he commits malversation. It is to the government that the change must go as an

Title VII
accretion of the amount due ( Principle of Accretion) .
(iii). Suppose the officer demands P1,000.00 when the amount due is only P700.00. He spent the
entire P1,000.00. He is guilty of illegal exaction (for demanding a different amount) Estafa for
spending the excess of P300.00 and malversation as to the amount of P7000.00 which is government
funds
b). Failing to voluntarily issue an official
The crime is committed if what are issued are only provisional receipt
receipt for the money collected.
c). Collecting or receiving by way of
payment or otherwise, things or objects
of a nature different from that provided
by law.
16. Other Frauds POE who takes advantage of his public position to commit: estafa; other forms of swindling; swindling a minor; and other deceits.
17. Prohibited 1.Appointive POE Appointive Echange or speculation such as buying and He may buy and sell stocks but he
Transactions 2.Becomes interested in any transaction POE selling stofks, etc wherein he hopes to take must not devote himself to commerce
or exchange or speculation advantage of an expected rise or fall in price
3.W/in territorial juris
4.During his incumbency
18. Possession of Who are liable: Actual fraud not necessary
Prohibited Interest by - POE who have to intervene in contracts or businesses
PO - Experts, arbitrators, accountants who took part in appraisal, distribution or adjudication
- Guardians and executors with respect to the property of the ward/estate
19. Malversation of Public Acts Punishable POE who If property not received in official capacity, In malversation not thru negligence,
Funds or Property 1. Appropriating public funds or receive govt estafa GF is a defense.
property property in
2. Taking/Misappropriating them official If private property, estafa/qualified theft GF is not a defense in malv thru
3. Consenting, or thru abandonment or capacity ASTCMB negligence.
negligence, allows others to take such
4. Otherwise guilty of misappropriation Private Test of Negligence: DOAGFOAF Return of malversed property is
or malversation of public property individuals Demand is not necessary because it merely only mitigating
Common Elements in raises a prima facie presumption that the
1. POE conspiracy missing funds have been put to private use.
2. Has custody/control of with POE
funds/property because of public Prima Facie Test of Malversation: upon
office Private demand by any duly authorized officer

Title VII
3. He was accountable for these individuals conducting audit, he cannot account for the
4. He appropriated, took, who receive property, prima facie of malversation
misappropriated, or consented to or property in
thru negligence allowed another custodia Damage to the government not necessary
person to take them legis
20. Failure of Accountable 1. POE in the service or separated POE Demand for accounting is not necessary
Officer to Render therefrom accountable Misappropriation not necessary; if there is
Accounts 2. Accountable for public funds or for public misappropriation, malversation na ang
property funds or crime.
3. Required by law to render accounts to property
COA or provincial auditor
4. He fails to do so for 2 months after
such accounts should be rendered
21. Failure of Responsible 1. POE POE
PO to render Accounts 2. Accountable for public funds or accountable
before Leaving property for public
Country 3. He unlawfully left or be on the point property or
of leaving w/o securing from COA a funds
certificate his accounts have been
settled
22. Illegal Use of Public 1. POE PUBLIC FUND appropriated by law or In the absence of a law or ordinance
Funds (Technical 2. With public funds or property under ordinance for a public purpose used for appropriating the public fund allegedly
Malversation) his administration ANOTHER PUBLIC PURPOSE technically malversed, the use thereof
3. Which is appropriated by law or for another public purpose will not
ordinance Malversation Technical make the accused guilty of technical
4. And he applies this to a public use Malversation malversation.
other than that which for such fund or POE accountable for public
property has been appropriated by funds/property
law or ordinance Derives personal Does NOT derive
gain or profit personal gain or
profit
For use and For another public
benefit of the use not stated by
offender or ordinance
another person

Title VII
23. Failure to make Acts Punishable POE Malice should be present. Good faith a defense.
delivery of public First failing to make payment by a POE
funds or property under obligation to make such payment
from govt funds under his possession
Second refusing to make delivery by a
POE whp has been ordered by
competent authority to deliver any
property in his custody or under his
admin
Chapter Five Infidelity of POE
24. Conniving with or 1. POE POE in Consent to the escape of a prisoner Evasion thru his negligence is
consenting to evasion 2. Who has in his custody or charge a charge of Connivance conspiracy between POE and punished by a different crime.
prisonerdetention prisoner/by final prisoners the prisoner
judgment Leniency or laxity is not infidelity.
3. Such prisoner escapes from his Release of detainee who cannot be delivered
custody to the judicial authority within the time fixed
4. POE is in connivance with the prisoner by law is not infidelity in the custody of
(INDISPENSABLE!!) prisoners
25. Evasion thru 1. POE POE in Keyword: INEXCUSABLE NEGLIGENCE Not every little mistake or distraction
Negligence 2. Charged with the custody of prisoner, charge of Example: sleeping on the job of a guard leading to a prisoners
detention/final judgment prisoners escape is negligence. It is that positive
3. Prisoner escapes because of POEs Liability of prisoner: carelessness that is short of deliberate
negligence Convict: Evasion of the service of sentence non-performance of duty, although
Detainee: None that may be dealt with admin.
26. Escape of prisoner not 1. Private person Private
under custody of POE 2. The conveyance of a prisoner is person to
confided to him whom the
3. He consents to the escape of custody of a
the prisoner or the escape is prisoner is
thru his negligence confided
27. Removal, concealment 1. POE who removes, destroys or POE who Damage to THIRD PERSON or PUBLIC INTEREST Removing, concealing and destroying
or destruction of conceals documents or papers has custody are different ways of committing the
documents 2. Such docs or papers have been of docs or Taking contents of mail by the postmaster is crime.

Title VII
entrusted to him due to his public papers by not malversation or falsification but infidelity
office reason of in the custody of documents.
3. Damage to a 3rd person or the public his public
interest office
28. Breaking Seal 1. POE POE DAMAGE NOT NECESSARY
2. Charged with custody of papers or charged
property with
3. Which are sealed by proper authority custody of
4. He breaks the seals or allows them to papers or
be broken docs
29. Opening Closed Docs 1. POE POE The papers should not be sealed, otherwise,
2. Charged with custody of papers or charged Breaking Seal ang crime.
property with DAMAGE NOT NECESSARY
3. He opens these or allows them to be custody of
opened papers or
4. He has no authority to open docs
26.Revelation of Secrets 1. POE POE who Secrets must affect public interest.
2. Who learns of secrets in official learns Otherwise, there is no crime at all
capacity secrets in Espionage is not contemplated in this.
3. He reveals such secrets without official Charge espionage if the elements fit.
authority or justifiable reason capacity First Form
4. DAMAGE to the public interest 4.Entering without authority a warship, fort,
naval or military establishment or
reservation to obtain photo thereof or any
info relative to the defense of PH
5.He has no authority to enter
6.Purpose is to obtain such info
Second Form
4.Offender is POE
5.He has in his possession those data by
reason of his public office
He discloses this to a foreign nation rep
27. Public Officers
revealing secrets of
private individuals

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28. Open disobedience
29. Disobedience to order
of superior officer
30. Refusal of assistance
31. Refusal to discharge
elective office
32. Maltreatment of
prisoners
33. Anticipation of Public
Office
34. Prolonging
performance of duties
35. Abandonment of
Office
36. Usurpation of
Legislative Powers
37. Usurpation of
Executive
38. Usurpation of Judicial
Powers
39. Disobeying request for
DQ
40. Orders fly Executive
officers to judicial
authority
41. Unlawful appointment
42. Abuses vs Chastity

Title VIII
Crimes vs Persons Elements Who Other Notes Modifying Circumstances
Commits
1. Parricide Person is killed Allege relationship in info
Deceased is killed by accused Other ascendant or descendant must be
Deceased is parent or child (legit or legitimate
not), or ascendant or descendant, If the child is less than 3 days old,
or spouse infanticide and not parricide
Only by blood and in the direct line, not
by adoption
Parricide through reckless imprudence ok
Parricide by mistake valid, Oedipus
2. D/PI Under Legally married person surprises his Does not include killing after the second
Exceptional Circ spouse or a parent surprises daughter is over
under 18 living with them, in the act of Immediately thereafter - continuation of
committing Sexual intercourse with the act of the wronged spouse after the
another person pursuit of the paramour. The discovery,
Accused kills her or both or inflicts escape, pursuit, and killing must be one
serious physical injury in the act or continuous act.
immediately thereafter The killing is the direct by product of the
offender has not promoted the prostitution offended spouse's rage
of the wife/daughter, or consented to the Husband killing the wife's rapist in the act
infidelity. is not Art 247 but Art 11(2) defense of
relative
Liable for injuries of 3rd persons.
3. Murder
4. Homicide
5. Death in
Tumultuous
Affray
6. PI in Tumultuous
Affray
7. Giving Assistance
to Suicide
8. Discharge of FA
9. Infanticide

Title VIII
Crimes vs Persons Elements Who Other Notes Modifying Circumstances
Commits
10. Intentional
Abortion
11. Unintentional
Abortion
12. Abortion by the
Woman
Herself/Her
Parents
13. Abortion by
Physician/Midwif
e and Dispensing
of Abortives
14. Challenging to a
Duel
15. Mutilation
16. Serious PI
17. Administering
Injurious
Substances or
Beverages
18. Less Serious PI
19. Slight PI and
Maltreatment
20. Rape

Title IX
Crimes vs Personal Elements When Other Notes Modifying Circumstances
Liberty and Security Committed
1. KASID
2. Slight ID
3. Unlawful Arrest
4. K&Failure to
Return a minor
5. Inducing a minor
to abandon home
6. Slavery
7. Exploitation of
Child Labor
8. Services
Rendered under
Compulsion in
payment of Debt
9. Abandonment of
persons in danger
and one s own
victim
10. Abandoning a
minor
11. Abandonment of
minor by person
entrusted with his
custody and
indifference of
parents
12. Exploitation of
minors
13. Trespass to
Dwelling
14. Qualified
Trespass to

Title IX
Crimes vs Personal Elements When Other Notes Modifying Circumstances
Liberty and Security Committed
Dwelling
15. Other forms of
trespass
16. Grave Threats
17. Light Threats
18. Other Light
Threats
19. Grave Coercion
20. Light Coercion
21. Other similar
coercions
22. Formation,
maintenance and
prohibition of
combination of
capital and labor
thru violence or
threats
23. Discovering
Secrets thru
seizure of
correspondence
24. Revealing secrets
with abuse of
office
25. Revelation of
industrial secrets

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Consuelo Maria Lucero y Guzon

Title I Elements When Other Notes Modifying Circumstances

3.Misprision of 1. Offender owes permanent Wartime

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Title II Elements Private Other Notes Modifying Circumstances

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4.Expulsion 1. POE Grave Only the court by a final judgment

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7.Searching 1.POE n/a Witnesses:

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TITLE III Elements Defenses Other Notes Who Commits

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Not in govt service: participates, supports,

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Committed only by POE; must not be a co-conspirator

execution of any law or the evokes not just a challenge

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C&P To Conspiracy Conspiracy and Proposal to Commit

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Chapter II. Crimes vs Popular Representation

9. Acts tending to Elements:

Chapter III Illegal Assemblies and Associations

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CHAPTER FIVE PUBLIC DISORDERS

19. Tumults What are Tumults? Must be planned or intended

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3). If a gun is pointed at any person the following are the

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If the escapee is a convict by final judgment , he is liable for

CHAPTER SIX EVASION OF SERVICE OF SENTENCE

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TITLE FOUR Who Commits

CHAPTER ONE FORGERIES

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CHAPTER TWO OTHER FALSITIES

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CHAPTER THREE FRAUDS

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Title V Elements When Other Notes Modifying Circumstances

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Trafficking for purposes of exploitation of children shall include:

Acts That Promote TIP

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CHAPTER ONE Who are Public Officers

CHAPTER TWO Malfeance and Misfeance In Office

Malfeance performance of an act which should not be done

1. Knowingly rendering 1. Judge

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Mere error of judgment is not punishable.