Professional Documents
Culture Documents
Here, there is war but the Philippines is not involved in ARTICLE 121 – FLIGHT TO ENEMY'S COUNTRY
the said war. ELEMENTS:
1. That there is s war in which the Philippines is
Q: There is a war between country X and country Y. Here involved.
comes Pedro, a Filipino citizen, he was siding with country 2. That the offender must be owing allegiance to the
X. Is he liable? Philippine Government
A: No, he is not liable of violation of neutrality 3. That the offender attempts to flee or go to enemy's
because in the problem, it did not say that the country
competent authority (the President) issued a 4. That going to the enemy country is prohibited by a
proclamation or regulation imposing neutrality. competent authority
The violation will only arise if there is a proclamation or There must be a declaration or a proclamation issued
regulation imposing neutrality and a Filipino citizen by a competent authority, that no Filipino shall flee to
violates such declaration or regulation issued by a the enemy's country and the offender violates such
competent authority. Therefore, absence of such proclamation.
declaration of neutrality, the crime of violation of Mere attempt will readily rise to the crime. It is not
neutrality does not arise. necessary that the offender has actually gone to the
country.
ARTICLE120 – CORRESPONDENCE WITH HOSTILE There must be declaration or proclamation prohibiting
COUNTRY flight to enemy state.
ELEMENTS:
1. That it is in time of war in which the Philippines is
involved.
2. That the offender makes correspondence with an
enemy country or any territory occupied by enemy ARTICLE 122 – PIRACY
troops. ELEMENTS:
3. That the correspondence is either — 1. The first element is where the vessel is
a.) Prohibited by the Philippine Government located. The vessel can either be on the high
b.) Carried on in ciphers or conventional signs seas or on Philippine waters (this was brought
c.) Containing notice or information which might about by the amendment of RA 7659). Before
be useful to the enemy the amendment of RA 7659, Piracy under
Article 122 can only be committed when the
Here, there is a war in which the Philippines is vessel is on the high seas. But because of
involved. this amendment brought about by RA 7659,
Piracy now under Article 122 can be
Q: The Philippines is at war with the another country. Here committed when the vessel is on Philippine
comes X, a Filipino citizen, he has a pen pal who is a waters.
citizen of the country which is at war with the Philippines.
The competent authority or the President issued a 2. The second element provides for the
declaration of proclamation saying that there should be no offenders. The offenders must NOT be
correspondence to the enemy state. But X missed his members of the complement or passengers of
penpal, and so, he wrote in a small piece of paper, "i love the vessel. Therefore, the offenders must be
you, i miss you, muamua!" Is X liable of the crime of STRANGERS to the vessel. They must be
correspondence with the enemy? coming from the outside, not from the inside.
A:X is liable because there was a declaration issued
by a competent authority that correspondence with the 3. The third element refers to the mode of
hostile country is prohibited and if there is no committing piracy.
declaration, proclamation coming from the competent a. The offenders either ATTACK or
authority prohibiting correspondence, the crime will SEIZE the vessel.
only arise if the said crime is carried on in ciphers or b. The offenders either SEIZE IN
conventional signs or Containing notice or information WHOLE or IN PART the cargo, the
which might be useful to the enemy. equipment or the personal
ILLUSTRATION:
Q: The vessel is on the sea going to Mindoro. So while the
ship is on its way to Mindoro, suddenly there comes a big
storm. The commander or the captain of the ship said that
they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers
of the vessel. The passengers of the vessel and members
of the complement didn’t want the decision of the said
captain of the ship and so they seize the captain of the ship
and manned the vessel until they reach Mindoro. What
crime, if any, is committed by these members of the
complement and passengers of the vessel?
A: They are liable of MUTINY. The vessel is on
Philippine waters. The offenders are members of
the complement and they go against the lawful
authority of the captain of the ship. Therefore they
are liable of mutiny.
This is in the exercise of the freedom of speech, ARTICLE133 – OFFENDING THE RELIGIOUS FEELINGS
freedom of expression and freedom of assembly. However, ELEMENTS:
these 3 freedoms are not absolute. The Supreme Court
See: People vs. Ladjaalam and Celino Sr. vs. People Under Section 1 of PD 1866 as amended, it also provided
Under Section 1 – If the use of an unlicensed that a person can only be held liable of illegal possession of
firearm is in furtherance of, incident to, or in unlicensed firearm provided that no other crime was
connection with the crime of rebellion or sedition, committed by the person arrested. It is necessary that no
or attempted coup d’état, such use of unlicensed other crime was committed by the person arrested.
firearm shall be absorbed in the crime of rebellion,
sedition or attempted coup d’état. PEOPLE VS. LADJAALAM
The police officers armed with a warrant of arrest
Therefore, the use of unlicensed firearm in case of went to the house of WalpanLadjaalam to effect
rebellion or sedition, or attempted coup d’état will the warrant of arrest. WalpanLadjaalam, upon
not bring about a separate or distinct charge. seeing the police officers, fired shots at the
There is only one crime that is rebellion or officers. Hence, he was charged with direct
sedition, or attempted coup d’état. The use of assault with multiple attempted homicide. Aside
unlicensed firearm is not even an aggravating from that, he was also charged with illegal
circumstance. It is absorbed in the crime of possession of unlicensed firearms. He was
rebellion or sedition, or attempted coup d’état. convicted of both crimes before the Regional Trial
Court. On appeal before the Supreme Court, SC
Under the same Section 1 of PD 1866 as said the illegal possession of firearms case should
amended by RA 8294, if the use of an unlicensed be dismissed. He should be acquitted in the said
firearm is in the crime of homicide or murder, as case because he committed another crime, and
the case may be, the use of unlicensed firearm that is, DIRECT ASSAULT WITH MULTIPLE
shall be considered as an aggravating ATTEMPTED HOMICIDE.
circumstance. So in the law, it is an
AGGRAVATING CIRCUMSTANCE. What about in the case of CELINO, SR. VS. PEOPLE?
In this case, it was election time, there was a
WHAT KIND OF AGGRAVATING COMELEC gun ban. A person was found in
CIRCUMSTANCE? possession of an unlicensed firearm. Arrested, he
As decided by the Supreme Court in number was charged of 2 crimes: (1) violation of the
of cases, it is a SPECIAL AGGRAVATING COMELEC gun ban, and (2) illegal possession of
CIRCUMSTANCE which cannot be offset by unlicensed firearms. During the arraignment for
any mitigating circumstance. The Supreme the violation of the COMELEC gun ban, he
Court also held that the use of the word pleaded not guilty. However, during the
“homicide or murder” under Section 1 is in its arraignment for illegal possession of an
generic sense, therefore, whatever be the unlicensed firearm, he filed a motion to quash the
kind of killing for as long as the unlicensed information. According to him, he cannot be
firearm is used, such use of unlicensed charged of illegal possession of an unlicensed
ARTICLE168 – ILLEGAL POSSESSION AND USE OF FALSIFICATION (ART 170, 171, 172)
FALSE TREASURY OR BANK NOTES AND OTHER In case of FALSIFICATION, to amount to falsification,
INSTRUMENTS OF CREDIT it is necessary that the writing that is falsified must be a
ELEMENTS: document in a legal sense of the word – capable of
making rights and/or extinguishing an obligation.
1. That any treasury or bank note or certificate
Therefore, it must be complete in itself so that it would
or other obligation and security payable to be sufficient in evidence.
bearer, or any instrument payable to order or Falsification of mere forms does not amount to
other document of credit not payable to falsification of a public document. Because the said
bearer is forged or falsified by another form is not yet complete in itself – it has no name, no
person. address – an unfilled-out/up form. It is not falsification.
2. That the offender knows that any of those
ILLUSTRATION:
instruments is forged or falsified.
Q: So what if A was found outside the building of the LTO
3. That he performs any of these acts ---- office. He was carrying falsified unfilled-out/up forms of
driver’s license. It was distinct, it was falsified, it was not the
A: NO. Because what he is carrying is only an It is necessary to distinguish the kind of document that
unfilled-out form. It is not yet complete in itself. It is is being falsified - whether it is a public, official,
not yet capable of creating rights or extinguishing commercial or private because of the different effects.
an obligation. It is not yet susceptible of evidence
of the facts stated thereon. If what has been falsified is a PUBLIC, OFFICIAL OR
COMMERCIAL DOCUMENT, damage or intent to
Q: So what crime if any was committed by A? cause damage to the offended party or to any other
person is not an element.
A: A merely committed violation of Article 176 –
that is mere possession of instrument or On the other hand, if what has been falsified is a
implements for falsification, but not yet falsification PRIVATE DOCUMENT, for the crime to arise, it is
of a public document. necessary that there must be damage or at least,
intent to cause damage to the private offended party or
There 4 types of documents which may be falsified: to any other party.
1. PUBLIC DOCUMENT – a document which is If what has been falsified is a PUBLIC OR OFFICIAL
issued by a notary public or competent public DOCUMENT, it is not necessary that there be damage
official with the solemnities required by law or intent to cause damage. Because a public
document – an official document - is presumed
2. OFFICIAL DOCUMENT – a document issued by a authentic and legal. It is presumed to be “prima facie
public official in the exercise of his official evidence” of the facts stated therein. As such, the
functions moment it is falsified, the crime will immediately arise,
without need that there be damage on the part of the
3. COMMERCIAL DOCUMENT – any document offended party. Because in Falsification of a Public
defined and regulated by the Code of Commerce Document, what has been violated is the
or any other mercantile law PERVERSION OF TRUTH being solemnly proclaimed
by the said document. Hence DAMAGE IS NOT AN
4. PRIVATE DOCUMENT – a document, a deed or ELEMENT.
instrument executed by a private person without
the intervention of the notary public of any other ARTICLE171 – FALSIFICATION BY PUBLIC OFFICER,
person legally authorized, by which document EMPLOYEE OR NOTARY OR ECCLESIASTICAL
some disposition or agreement is proved, MINISTER
evidenced or set forth The first kind of falsification under Article 171, we have
the falsification committed by a public officer,
Is a public document distinct from an official
document? employee or notary public or an ecclesiastical minister.
ELEMENTS:
All official documents are considered as 1. The offender is a public officer, employee, notary
public documents, but not all public public or an ecclesiastical minister.
documents are considered official
documents. Before a public document may 2. He takes advantage of his official position.
be considered as an official document, it is The offender is said to have taken
necessary that it shall be issued by a public advantage of his position or office when:
officer in the exercise of his official functions. a. He has the duty to make or prepare
There is a law that requires a public officer to or to otherwise intervene in the
issue the said public document, then it preparation of the document; or
becomes an official document. b. He has the official custody of the
document which he falsifies
A PRIVATE DOCUMENT, one which has been
executed by a private person, if there is no intervention 3. That the said offender falsifies a document by
of public official. committing any of the following modes stated
therein:
A PRIVATE DOCUMENT however, even though a. By counterfeiting or imitating any
executed by a private person without the intervention handwriting, signature or rubric.
of a notary public or a legally authorized person, can b. Causing it to appear that persons
also become a public document. That is when the said have participated in any act or
private document is submitted to the public officer and proceeding when they did not in fact
it becomes part of the public records. The moment the so participate.
said private document becomes part of the public c. Attributing to persons who have
records, it is now a public document and when it is participated in an act or proceeding
ARTICLE185 – MACHINATIONS IN PUBLIC AUCTIONS In public auction, it is necessary that the public must
There are two acts punishable under Article 185 be able to get the best price for the thing being
I. SOLICITING GIFT OR PROMISE auctioned. If there will be less bidders, less
By soliciting any gift or promise as a participants in the said public auction, then the public
consideration for refraining from taking will not be able to get the best price for the thing
part in any public auction. subject of the public auction. Here, if the non-
The mere act of soliciting any gift or participation of the other bidders was caused by a
promise, so that he will refrain from person, then he is liable under Article 185. Again, the
taking part of the public auction, will intention of the offender is to cause the reduction of
already give rise to the crime. It is not the price of the thing which is the subject of the public
necessary that he actually received the auction.
gift, it is not necessary that he actually
will not participate in the said auction.
ELEMENTS: ARTICLE186 – MONOPOLIES AND COMBINATIONS IN
1. There be a public auction. RESTRAINT OF TRADE
2. Such act or acts be HIGHLY SCANDALOUS as Q: So what if a wife and a husband, celebrating their
offending against decency or good customs anniversary, engaged in sexual intercourse in their terrace.
It is necessary that the act must be So the act is committed in their premises, in the terrace of
highly scandalous and offensive to their house. However, the gate was open and so passersby
morals, offensive to decency and would see them performing the sexual intercourse. Are
offensive to good customs. they liable for grave scandal?
3. That the highly scandalous conduct is not A: YES. They are liable for grave scandal. The
expressly falling within any other article of this said act does not constitute another offense in the
Code. RPC because they have the right to engage in
The third element requires that it must sexual conduct. The sexual conduct was
not expressly fall within any other performed in the privacy of their home however;
article of this code. It must not people witnessed the commission of the said act.
constitute any other violation in the It now becomes a highly scandalous act because
RPC. Grave scandal is a crime of it is within the knowledge of the public or within
last resort because you only file a public view.
complaint for grave scandal when the
said act is not punishable under any Q: What if A and B are boyfriend and girlfriend. The
other article in the RPC. girlfriend is 11 yrs old and the boyfriend is 21 yrs old. And
4. The act or act complained of be committed in a because it is their monthsary the girlfriend thought of giving
public place or within the public knowledge or herself as a gift and engaged in sexual intercourse in a
view. public place Are they liable for grave scandal?
Then the fourth element provides that A: NO. They are not liable for grave scandal. The
the highly scandalous act must be man is liable for statutory rape. A man who had
committed either in a public place or sexual intercourse with a child under 12 years of
within public knowledge or view. If the age, regardless of the consent, regardless of the
highly scandalous act is committed in willingness of the said child, the man is liable for
a public place, the crime of grave statutory rape. Because in so far as criminal law is
scandal will immediately arise. The concerned, a child under 12 yrs old has no
place being public, the law presumes intelligence of his/her own and is not capable of
that someone may have witnessed giving a valid consent. Therefore, even if the girl
the commission of the highly voluntarily gave herself in so far as the law is
scandalous act. However, if the crime concerned, it is still statutory rape. It is not grave
is committed or if the highly scandal because the third element is wanting. The
scandalous act is committed in a said act fall under the violation of article of RPC
private place, for the crime of grave that is under article 266-A for rape. As I said,
scandal to arise, it is necessary that it grave scandal is a crime of last resort. You only
must be witnessed by one or more charge it when the crime committed does not
persons to be said that it is within the constitute any other violation in the RPC.
public knowledge or public view.
ARTICLE201 – IMMORAL DOCTRINES, OBSCENE
ILLUSTRATION: PUBLICATIONS AND EXHIBITIONS, AND INDECENT
SHOWS
(a) Physical torture is a form of treatment or punishment (14) Other analogous acts of physical torture; and
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
(b) "Mental/Psychological Torture" refers to acts committed
severe pain, exhaustion, disability or dysfunction of one or
by a person in authority or agent of a person in authority
more parts of the body, such as:
which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
(1) Blindfolding;
similar objects, and jumping on the stomach;
(5) The submersion of the head in water or water (6) Causing unscheduled transfer of a person
polluted with excrement, urine, vomit and/or blood deprived of liberty from one place to another,
until the brink of suffocation; creating the belief that he/she shall be summarily
executed;
(6) Being tied or forced to assume fixed and
stressful bodily position; (7) Maltreating a member/s of a person's family;
(7) Rape and sexual abuse, including the insertion (8) Causing the torture sessions to be witnessed
of foreign objects into the sex organ or rectum, or by the person's family, relatives or any third party;
electrical torture of the genitals;
(9) Denial of sleep/rest;
(8) Mutilation or amputation of the essential parts
of the body such as the genitalia, ear, tongue, (10) Shame infliction such as stripping the person
etc.; naked, parading him/her in public places, shaving
(b) To have sufficient government protection against all (b) By concealing the act of torture or other cruel,
forms of harassment; threat and/or intimidation as a inhuman and degrading treatment or punishment
consequence of the filing of said complaint or the and/or destroying the effects or instruments
presentation of evidence therefor. In which case, the State thereof in order to prevent its discovery; or(c) By
through its appropriate agencies shall afford security in harboring, concealing or assisting m the escape of
order to ensure his/her safety and all other persons the principal/s in the act of torture or other cruel,
involved in the investigation and prosecution such as, but inhuman and degrading treatment or punishment:
not limited to, his/her lawyer, witnesses and relatives; and Provided, That the accessory acts are done with
the abuse of the official's public functions.
(c) To be accorded sufficient protection in the manner by
which he/she testifies and presents evidence in any fora in Aggravating Circumstances in torture:
order to avoid further trauma. (1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
Who are Criminally Liable. - Any person who actually (3) Torture with rape;
participated Or induced another in the commission of (4) Torture with other forms of sexual abuse and, in
torture or other cruel, inhuman and degrading treatment or consequence of torture, the victim shall have become
punishment or who cooperated in the execution of the act insane, imbecile, impotent, blind or maimed for life; and
of torture or other cruel, inhuman and degrading treatment (5) Torture committed against children.
or punishment by previous or simultaneous acts shall be
liable as principal Note:
Any superior military, police or law enforcement officer or Torture as a crime shall not absorb or shall not be
senior government official who issued an order to any lower absorbed by any other crime or felony committed
ranking personnel to commit torture for whatever purpose as a consequence, or as a means in the conduct
shall be held equally liable as principals. or commission thereof. In which case, torture shall
be treated as a separate and independent criminal
The immediate commanding officer of the unit concerned of act whose penalties shall be imposable without
the AFP or the immediate senior public official of the PNP prejudice to any other criminal liability provided for
and other law enforcement agencies shall be held liable as by domestic and international laws. (Sec 15)
a principal to the crime of torture or other cruel or inhuman
and degrading treatment or punishment for any act or
3rd Act - Collecting or receiving, directly or indirectly, by way ARTICLE 215 – PROHIBITED TRANSACTIONS
of payment or otherwise, things or objects of a nature ELEMENTS:
different from that provided by law. 1. Offender is an appointive public officer
2. He becomes interested, directly or indirectly in any
Here, under the third act, it does not refer to the transaction of exchange or speculation
amount of payment. It refers to the KIND OR NATURE OF 3. Transaction takes place within the territory subject to
PAYMENT. So, when the law says that it should be paid in his jurisdiction
cash, ONLY CASH may be received by the said collecting 4. He becomes interested in the transaction during his
officer. incumbency
When is there prima facie presumption of malversation? Q: His contention was, it cannot be malversation, because
- Under Article 217, there arises prima facie the firearm was owned by a private person. It is not a public
presumption of malversation of public funds or property, therefore I cannot be held liable for malversation.
property when demand is made by a duly Is the contention correct?
authorized officer to an accountable public officer A: His contention is wrong. The said firearm
to account for public funds or property, and the has already been confiscated by public
same is not forthcoming authority, therefore it is now deemed,
CUSTODIA LEGIS. The moment it is in
ILLUSTRATION: custodialegis, it loses its character as a private
So the COA auditor, appeared and conducted an property and it now assumes a character of a
audit He demanded for the said amount, the said public property. Hence the crime committed is
accountable public officer cannot reduce the said amount. Malversation.
There arises the prima facie presumption that he has
malverse the said public funds or property. Although that is Q: What if, there was this collecting officer, a cashier, and
what is written under Article 217, last paragraph. The there were many persons paying. And the long line persons
Supreme Court in the number of cases said: paying, one cashier said that he needed to answer the call
“Mere shortage in audit will not suffice. For the Prima of nature, and so he asked another fellow cashier to look
facie presumption to arise the following requisites after his drawer, and so, he left and went to the restroom.
must be present: - It is necessary that there must be But he also left the key of his drawing on the key holder.
complete, thorough and reliable audit. And so, the moment he left, his fellow cashier went to his
- In the said complete, thorough and reliable audit, drawer and opened it and took Php 2000 from the
the following were discovered: collection of A on the same day. Then A arrived, and he
a. The public officer indeed receive the public then accepted collections. In the afternoon, there was a
funds or property. That is, he is an surprise audit coming from the COA. and it was discovered
accountable public officer that based on the receipts, The php 2000 were missing
b. The said public funds and property was from the collection of A. Therefore, A was charged. What
missing, or there was a shortage, or he crime if any, has been committed by A? Is A liable for
cannot produce it, and malversation?
c. The said public officer cannot give a
justifiable reason, a legal excuse for the said A: Yes, he is liable for malversation through
shortage or missing of public funds or negligence. That is the passive act. That is
property.” through his abandonment or negligence, he
permitted another person, Cashier B to
If all of these are present, the Supreme Court says misappropriate a part of his collection for the day.
that there arises the prima facie presumption that there is Hence A is also liable for Malversation. Not B, but
malversation of public funds or property. Therefore, there A, the one who went to the restroom, because he
may NOT be direct evidence to convict one for is the one accountable for the said public funds in
malversation of public funds or property. Obviously, there his drawer.
cannot be any witness, because when you say direct
evidence, there is a witness. Of course, he would not let That other person, B, who took the said property
anyone see him malversing the funds. It suffices in the is liable for qualified theft. because he was
audit, these three things were discovered. If these three are entrusted with the same funds, and he took the
discovered, then there arises the prima facie presumption same funds.
Q: What if, there was this rape in a warehouse, in the ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER
course of the said rape, dangerous drugs worth millions of TO RENDER ACCOUNTS
pesos were confiscated and they were placed in the PDEA ELEMENTS:
warehouse. The persons therein were charged with illegal 1. Offender is a public officer, whether in the service or
possession of dangerous drugs. In the course of the separated therefrom
hearing in this possession of dangerous drugs, the court 2. He must be an accountable officer for public funds or
sent a subpoena to the PDEA custodian, to bring to the property
Court the said dangerous drugs which were confiscated. 3. He is required by law or regulation to render accounts
And so, on the designated day, the said PDEA agent to the Commission on Audit, or to a provincial Auditor
boarded all the dangerous drugs confiscated in a PDEA 4. He fails to do so for a period of two months after such
van and off he went to the Court. However, before the accounts should be rendered
PDEA agent could reach the court, here comes two
motorcycles who went in and fired at him, and he fell on his ARTICLE 219 – FAILURE OF RESPONSIBLE PUBLIC
seat, lifeless. And then, a big vehicle arrived at the back of OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
the said PDEA van and took all the said dangerous drugs. THE COUNTRY
Now the said PDEA agent was brought into the hospital ELEMENTS:
and despite the fatal wound, because of the immediate 1. Offender is a public officer
medical intervention, he survived. Is he liable of any 2. He must be an accountable officer for public funds or
crime? property
3. He must have unlawfully left (or be on the point of
A: Yes, he is liable of Malversation of public leaving) the Philippines without securing from the
funds or property under Article 217 through Commission on Audit a certificate showing that his
Negligence. There was inexcusable negligence accounts have been finally settled
on his part said the Supreme Court, because all
by himself, carried the millions worth of dangerous ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR
drugs in the PDEA van, considering the value of PROPERTY (Technical Malversation)
the said dangerous drugs, he should have asked ELEMENTS:
for back up. Yes, he survived, but he was charged 1. Offender s a public officer
The offender refuses to disobey the suspension of the ARTICLE 235 – MALTREATMENT OF PRISONERS
said order which was disapproved by the said public officer. ELEMENTS:
1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention
ARTICLE 233 – REFUSAL OF ASSISTANCE prisoner
ELEMENTS: 3. He maltreats such prisoner either of the following
1. Offender is a public officer manners:
2. Competent authority demands from the offender that a. By overdoing himself in the correction or
he lend his cooperation towards the administration of handling of a prisoner or detention prisoner
justice or other public service under his charge either:
3. Offender fails to do so maliciously i. By the imposition of punishments not
authorized by the rules and regulations
Public officer who shall fail to lend his cooperation ii. By inflicting such punishments (those
towards the administration of justice or any other public authorized) in a cruel or humiliating
service despite demand by competent authority. manner
INTENTION ABORTION is committed in three (3) ways: IS THERE A CRIME SUCH AS FRUSTRATED
1.) By using violence upon the person of the pregnant UNINTENTIONAL ABORTION?
woman resulting to abortion. NO. This time there is no crime such as
2.) Without violence, by acting without violence, frustrated unintentional abortion. Because in
without the consent of the woman by unintentional abortion, the intention is against the
administering aborting drugs or beverages woman and abortion only happens unintentional.
WITHOUT THE CONSENT OF THE PREGNANT
WOMAN. ILLUSTRATION:
3.) By acting without violence, WITH THE CONSENT Q: So let’s say a man exerted physical violence against the
of the pregnant woman that is by administering woman who happens to be his enemy. The said woman
aborting drugs or beverages to a pregnant woman was severely hurt however, the baby was not hurt. The
this time with her consent. fetus inside the tummy did not die. What is the crime
committed by the said man?
UNINTENTIONAL ABORTION can only be committed in A: Only serious physical Injuries against the
one (1) way and that is by exerting physical violence on a woman. No crimes against the fetus because there
pregnant woman. And in result thereof, an unintentional was no intent in so far as the fetus is concerned.
abortion was suffered.
In unintentional abortion the force employed was Q: But what if in the said problem, the man inflicted
physically exerted on a pregnant woman. The intention of violence on the pregnant woman who happens to be his
the offender is not against the baby or the fetus but against enemy. Let’s say he kicked and moved the said woman
the mother. His intention is against the mother but in so severely and by reason thereof the pregnant woman was
doing, since the mother is pregnant, the baby/fetus was 1:44:17. What crime/s is/are committed?
also aborted. So abortion was unintentionally caused.
Because even if the injury is only SLIGHT or no injury at all, Under the SECOND CATEGORY:
but there is intent7 to kill, it is already in the attempted
stage of Homicide. So there must be no intent to kill. The offender loses the use of speech or the power to heal
or to smell, or looses an eye, a hand, a foot, an arm or a
ARTICLE 263 –SERIOUS PHYSICAL INJURIES leg.
- So if it is only an eye which has been lost, it is
Under Art. 263, the serious physical injuries punished serious physical injury but under the Second
are: Category already. The penalty is lesser than that
of the First Category.
1. When the injured person becomes insane,
imbecile, impotent, or blind in consequence of the Under the THIRD CIRCUMSTANCE/CATEGORY:
physical injuries inflicted.
2. When the injured person: When the offender becomes DEFORMED.
a. Loses the use of speech or the
power to heal or to smell, or looses So what is this so-called DEFORMITY which will result in
an eye, a hand, a foot, an arm or a serious physical injury?
leg; or
b. Loses the use of any such member, Q: A hacked B with the use of a bolo on his stomach. So
or there was a big mark on his stomach despite the fact that it
c. Becomes incapacitated for the work was already healed, there was a big scar on the said
in which he was therefore habitually stomach. The doctor said that the said injury requires
engaged in the consequence of the medical treatment for 2 weeks. What crime is committed?
physical injuries inflicted Is it serious physical injury or is it less serious physical
3. When the injured: injury?
a. Becomes deformed
b. Loses any other member of his A: The crime committed is only LESS SERIOUS
body; or PHYSICAL INJURY. There was no deformity.
c. Becomes ill or incapacitated for the Although there was a big scar on the stomach, it
performance of the work in which he would not amount to deformity. An injury in order
was habitually engaged for MORE to amount to deformity which would bring about
serious physical injury must result to a physical
A: The crime committed will LESS SERIOUS OR Q: What circumstances will QUALIFY LESS SERIOUS
SLIGHT PHYSICAL INJURIES depending on the PHYSICAL INJURIES?
medical attendance. Because it cannot be seen. It
is not located in a visible or conspicuous place. 1. When there is manifest intent to insult or offend
the injured person
A poured muriatic acid on the face of another person whom 2. When there are circumstances adding ignominy to
he hates and so because of that, the face of that person the offense
becomes deformed, it became ugly. Later, she went on a 3. When the victim is the offender’s parents,
plastic surgeon. When he got out of the plastic surgery ascendants, guardians, curators, or teachers
clinic, she now looks like Vilma Santos. Is the accused 4. When the victim is a person of rank or person in
person liable for serious physical injuries? authority, provided the crime is not direct assault
A: Yes. Even if she became prettier than before, it So the crime committed here, with the attendance of these
is still a fact that by reason of the said injury it circumstances qualify less serious physical injuries.
cannot be healed through the natural healing
process. It will require the attendance of medical
surgeon. Therefore, it is considered as a ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND
deformity. MALTREATMENT
If the said physical ugliness is not located on a visible or 3 KINDS OF SLIGHT PHYSICAL INJURIES AND
conspicuous place, it would be depending on the MALTREATMENT:
deployment of medical attendance. 1. Physical injuries which incapacitated the offended
party for labor from 1 to 9 days, or required
Q: When is serious physical injuries qualified? medical attendance during the same period
2. Physical injuries which did not prevent the
A: Serious physical injuries is qualified: offended party from engaging in his habitual work
1. If it is committed against any of the persons or which did not require medical attendance
enumerated in Parricide. That is when serious 3. Ill-treatment of another by deed without causing
physical injuries is committed against the any injury
father, mother, child, whether legitimate or
illegitimate; legitimate other ascendant or Maltreatment of another by deed without causing any injury
other descendant and legitimate spouse of is the act of INFLICTING PAIN ON ANOTHER PERSON
the accused. WITHOUT CAUSING ANY WOUND OR INJURY.
2. If in the infliction of serious physical injuries, it
is attended by any of the qualifying CASE: PEOPLE VS MAPALO (in Book I)
According to the Supreme Court, there was pain A: Yes, said by the Supreme Court. The woman
inflicted on A, but there was no injury and there was no was unconscious.
intent to kill because the said offender immediately ran
away after hitting him a single time. So the crime committed THIRD:
is MALTREATMENT OF ANOTHER PARTY.
A is 11 years old. He is cohabiting with a man who is 20
years old. They are luvingtgether as if they are husband
ARTICLE 266-A – RAPE and wife. Of course, they had carnal knowledge. The man
is liable for STATUTORY RAPE. The number of times that
RAPE is now a crime against person; it is no he had carnal knowledge of the said woman, that is the
longer a crime against chastity. Because of the amendment number of the counts of rape. So if he had carnal
brought about by RA 8353 – THE ANTI-RAPE LAW. knowledge of the woman 5 times during the time that they
were together – 5 counts of statutory rape. That is because
2 TYPES OF RAPE/HOW RAPE IS COMMITTED: the child, the victim, is below 12 years of age. Insofar as
1. By a man who shall have carnal knowledge of a criminal law is concerned, she does not have a mind of her
woman own, she cannot give a valid consent.
2. Sexual Assault
Q: What if, so the law requires that the said act of carnal
There is RAPE BY CARNAL KNOWLEDGE when a man knowledge must be with the use of force, threat, or
has carnal knowledge of a woman against her will. intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
ELEMENTS OF A RAPE BY A MAN WHO SHALL HAVE intimidation in the said carnal knowledge of a daughter. Is
CARNAL KNOWLEDGE OF A WOMAN : the crime committed rape?
1. Offender is a man
2. Offender had carnal knowledge of the woman A: Yes. The crime committed is rape. It is
against her will INCESTUOUS RAPE. In case of incestuous rape,
3. Such act is accomplished under any of the it is the overpowering and overbearing moral
following circumstance: influence or moral ascendency of an ascendant
a. Through force, threat, or intimidation over a descendant which takes place of force,
b. When the offended party is deprived of threat, or intimidation. That is why in case of
reason or is otherwise unconscious inceuous rape, force, threat, or intimidation is not
c. By means of fraudulent machination or grave indispensable; it is not necessary. Because it is
abuse of authority the overpowering and overbearing moral influence
d. When the offended party is under 12 years of or moral ascendency which a father has over his
age or is demented, even though the daughter which takes place of force, threat or
circumstances mentioned above be present intimidation.
FIRST - “OFFENDER IS A MAN” Q: What if A and B are lovers and then suddenly B filed a
So in rape by carnal knowledge, who is the offender? A case against A because according to B, he was raped by
MAN. her boyfriend. In the course of the trial of the case, the
Who is the offended party? A WOMAN. defense of the man was the so-called, “sweetheart defense
The law is SPECIFIC. theory.” According to him, “We are sweet lovers.” Therefore
according to him, it is impossible for him to have raped her
SECOND - “OFFENDER HAD CARNAL KNOWLEDGE because we are sweet lovers. Will said sweetheart defense
OF THE WOMAN AGAINST HER WILL”" theory lie in his favor?
The offender has carnal knowledge of a woman against her
will and it is committed by using force, threat, or A: Supreme Court said, in case of “sweetheart
intimidation. When the offended party is deprived of reason defense theory”, for it to lie, mere oral testimonty
or otherwise unconscious. will not suffice. There must be documentary
evidence, memorabilia, picture, love letters, etc.
which would show that indeed they are
sweethearts – boyfriend & girlfriend or lovers. But
Therefore, under any all circumstances which involves the *The law says that it must be an instrument or object which
“sweetheart defense theory” will not lie in favor of a man. was inserted in the genitalia or in the anal orifice of another
Because it does not mean that when you are the person.
sweetheart, you can no longer rape the other person.
Q: What if it was the finger which was inserted in the
In Book I, there is no such thing as FRUSTRATED RAPE. genitalia of a person? Is it acts of lasciviousness or rape by
Rape admits only 2 stages: ATTEMPTED RAPE and sexual assault?
CONSUMMATED RAPE.
A: Supreme Court said it is RAPE BY SEXUAL
The reason is that a mere touch of an erected penis on the ASSAULT. According to the Supreme Court, it
labia or lips of a woman’s genitalia will already would be so weird if what has been inserted is an
consummate rape. instrument or object, it would be rape by sexual
assault, but if it was finger, it would be rape by
It is not necessary that there be deep or complete acts of lasciviousness. The finger is within the
penetration. It is not necessary that the vagina did mean of an instrument or object insofar as rape by
lacerated. Mere touch of the lips or the labia of a woman’s sexual assault is concerned.
genitalia already consummates rape.
Q: In case of RAPE, what are the circumstances which will
Q: What if, what the erectile penis has touched was the qualify the penalty?
outer portion of genitalia, that portion which became hairy
during puberty, you have to distinguish whether it is acts of A: In case of RAPE BY SEXUAL ASSAULT, the
lasciviousness or attempted rape. penalty is only PRISION MAYOR. It is a bailable
offense.
A: If it is a RAPE BY CARNAL KNOWLEDGE, note
CASE: PEOPLE VS JALOSJOS that the penalty is RECLUSION PERPETUA. It is
a non-bailable offense
If when an erectile penis has touched the outer
portion of a woman’s genitalia which becomes
hairy during puberty, if the intention of the said Q: In case of a RAPE BY CARNAL KNOWLEDGE, when is
offender is to lie, to have carnal knowledge a penalty qualified?
against the said woman, it is attempted rape. But
if in doing so, the said man has no intention to lie A: Reclusion Perpetua to Death:
or to have carnal knowledge, that is only ACTS 1. When rape is committed with the use of a
OF LASCIVIOUSNESS. deadly weapon
2. When rape is committed by two or more
persons
What about the other form of Rape – RAPE BY SEXUAL 3. When by reason or on occasion of rape, the
ASSAULT victim becomes insane
4. When rape is attempted and homicide is
ELEMENTS: committed
1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by any of Q: What are the instances wherein the penalty to be
the following means imposed is the capital punishment of death, so the extreme
a. By inserting his penis into another person’s penalty of death?
mouth or anal orifice, or
b. By inserting any instrument or object into the 1. When by reason or on the occasion of rape,
genital or anal orifice of another person homicide is committed
3. The act of sexual assault is accomplished under 2. When the victim is under 18 years of age and the
any of the following circumstances: offender is a parent, ascendant, step-parent,
a. By using force or intimidation guardian, relative by consanguinity or affinity
b. When the woman is deprived of reason or within the 3rd civil degree, or the common law
otherwise unconscious, or spouse of the victim
c. By means of fraudulent machination or grave 3. When the victim is under the custody of the police
abused of authority or military authorities or any penal institution
d. When the woman is under 12 years of age or 4. When the rape is committed in full view of the
demented spouse, the parent, any of the children of the
relative by consanguinity within the 3rd civil degree
In case of rape, PARDON will not extinguish the criminal b) acts causing or attempting to cause the victim
liability of the offender. According to Art. 266, pardon will to engage in any sexual activity by force, threat of
not extinguish the criminal liability of the offender. It is only force, physical or other harm or threat of physical
through: or other harm or coercion;
1. The offended woman may pardon the offender
through a subsequent valid marriage, the effect of c) Prostituting the woman or child.
which would be the extinction of the offender’s
liability C. "Psychological violence" refers to acts or omissions
2. The legal husband maybe pardoned by causing or likely to cause mental or emotional suffering of
forgiveness of the wife provided that the marriage the victim such as but not limited to intimidation,
is not void ab initio harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It
EXCEPTION: In case of MARITAL RAPE. If the legal wife includes causing or allowing the victim to witness the
has forgiven or pardoned the legal husband. physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness
Q: When is there PRESUMPTION OF RESISTANCE? pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to
A: If in the course of the commission of rape, the custody and/or visitation of common children.
said offended party has performed any acts in any
degree amounting to resistance of rape or when
the said offended party cannot give a valid D. "Economic abuse" refers to acts that make or attempt to
consent. make a woman financially dependent which includes, but is
not limited to the following:
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
ACT (VAWC) – R.A. 9262 1. withdrawal of financial support or preventing the
Violence against women and their children victim from engaging in any legitimate profession,
- refers to any act or a series of acts committed by occupation, business or activity, except in cases
any person against a woman who is his wife, wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
former wife, or against a woman with whom the of the Family Code;
person has or had a sexual or dating relationship,
2. When the victim is killed or dies as a consequence In so far as the father who has been
of the kidnapping or detention. killed; since he is not the victim of serious
Kidnapping and Serious Illegal illegal detention, it will constitute a
Detention with Homicide. separate and distinct crime of: homicide.
The presence of any of these circumstances will bring ART 268 – SLIGHT ILLEGAL DETENTION
about the imposition of maximum penalty of death. Slight illegal detention is committed by: any
person who shall kidnap or detains another or in
Q: A, a 6 yr old child is playing at a playground at any other manner deprive him of his liberty when
about 5 o’clock in the afternoon while the mother is the said detention is illegal absent of any of the
hanging clothes. A man (X) gave the child a candy and circumstances under Art 267; it will only be slight
the child was so happy. Later, the man again illegal detention.
approached the child and gave the child money and
then the said man invited the child to go with him. Q: What if A was so envious of his neighbor. To teach
Since the child was so happy because the man was so the neighbor a lesson, he kidnapped and detained the
good to her; the child went with the said man. At 6 said neighbor and placed the said neighbor in a
o’clock; the mother came looking for the child but the secluded place in a vacant area one morning.
child was no longer in the playground. Meanwhile, the However, later on, A felt sorry for his neighbor and he
man brought the child to his place. That evening, the released his neighbor that night. What is the effect in
mother kept on looking for the child however they the criminal liability of the offender A?
could not locate the child. In the house of the man, the A: Under Art 268 (Slight Illegal
child was molested and raped twice. The following Detention); if the offended party has
morning, when the mother opened the door of the been released. Such release will be
house, she saw her child at the door with torn clothes considered as a privileged mitigating
and blood. So the man was charged with serious circumstance because from the penalty
illegal detention with rape. Is the charge correct? of reclusion temporal, the penalty would
A: The charge is wrong because the be lowered by one degree that is prision
obvious intention of the man is to rape mayor.
the child and not to detain the child Note however that this voluntary release of the victim
therefore the SC said: the crime may only be considered as a privileged mitigating
committed would be 2 counts of circumstance the ff requisites must concur:
statutory rape not only a single 1. It is necessary the release has been
indivisible offense of kidnapping and made within 3 days from the
serious illegal detention with rape but 2 commencement of the said
counts of statutory rape because the said kidnapping.
child is under 12 years of age and she 2. It must have been made without the
was raped and molested twice. offender having attained or
Therefore, UNLESS AND UNTIL THERE accomplished his purpose.
WAS AN INTENT TO DETAIN ON THE 3. It must have been made before the
PART OF THE OFFENDER; it could be institution of the criminal
any other crime but not kidnapping and proceedings against the said
serious illegal detention. offender.
2. Indifference of parents
It is committed by: any parent
who neglects any of his children
by not giving them the education
which their station in life requires
and financial capability permits.
These acts are considered as exploitation of minors Trespass to property is committed by: any person
because these acts endanger the life and safety, the who enters a closed premises or fenced estate
growth and development of the minors. (usually these which at that time is uninhabited and the
involves circus) prohibition to enter is manifest and the offender
enters the said uninhabited place without
Note: If the delivery of the said child is on the basis of a securing the permission of the owner or the care
consideration, compensation or money, the penalty will be taker thereof.
QUALIFIED.
TRESSPASS TO TRESSPASS TO
Mere act of delivering the child gratuitously under 16 DWELLING PROPERTY
years of age; the crime is already committed.
The fact that it is with consideration; the penalty will be Place entered into is a closed
Place entered into is a
qualified. premises or a fenced estate
dwelling and uninhabited.
which is uninhabited.
Prohibition to enter can
Prohibition to enter must be
ART 280 – QUALIFIED TRESSPASS TO DWELLING either be expressed or
manifest.
It is committed by: a private individual who shall implied.
enter the dwelling of another against the will of Entry was made against Entry was made without
the latter. the will of the owner or the securing the permission from
possessor of the said the owner or the care taker of
ELEMENTS:
dwelling. the said property.
1. Offender is a private individual
It is committed by a private individual
because if it is a public officer; then the
crime is under Art 128 which is: Violation Q: Let’s say there are these town houses. In one
of Domicile. of the town houses, town house A; there’s no
2. He enters the dwelling of another person living at the moment and there was this
3. Such entrance is against the will of the latter. sign: FOR RENT/ FOR LEASE. X entered the said
As discussed under Art. 128; when town house. What crime is committed by X? Is it
the law says against the will, there qualified trespass to dwelling or is it trespass to
must be a prohibition or opposition property?
Q: So what if A went to the store and then from the said PREVENTIVE COERCION – if a person prevents another,
store he learned that had been spreading negative rumors by means of violence, threat or intimidation, from doing
against him. And so A was so mad, he was so angry that something not prohibited by law.
he went to the house of B and he called on B: “B get out of
the house! I will kill you! I will kill you! Get out of the house COMPULSIVE COERCION – if a person compels another,
B!” But B did not get out of the house. Instead, it was the by means of violence, threat or intimidation, to do
son of B who came out of the house and said: “What do something against his will, whether it be right or wrong,
you want with my father?” A angrily said that, “You let your whether it be prohibited or not by law.
father come out or I will kill him because he has been So, to amount to preventive coercion, the offender by
spreading negative rumors about me.” The son went inside means of violence prevents someone form doing
the house and did not come back. The father also did not something which is not prohibited by law.
come out of the house. And so later, A just left the house.
What crime is committed by A? Is it grave threats, light Q: Therefore, what if, the offender prevents someone form
threats or is it other light threats? doing something which is prohibited by law? So let us say
A: The crime committed is under Article 285 – A, wanted to enter the house of B, against the will of B. X
OTHER LIGHT THREATS. Orally, in the heat of saw A wanting to enter the house of B against the will of B.
anger, he threatened another with a harm X prevented A. A in his act of wanting to enter the house of
constituting a crime, but he did not pursue with the B, is an act prohibited by law, so X prevented A from doing
idea in his threat. It is only other light threats. so. However, A still pursued with the act of entering and so
what X did in order to prevent him is that X boxed A
Q: What if, let us say, A saw that B has a new car. It was a resulting in his injury of slight physical injuries. What crime
luxury car. He knew that it was smuggled and so he told B: is committed by X?
“B, if you will not give me P500,000, I will call the Bureau of A: It is not grave coercion. Because X is
Customs, I will tell ComissionerBiazon right now that your preventing A by means of violence and
car is smuggled.” What crime if any is committed by A intimidation, not from doing something which is
against B? prohibited by law but from doing something which
A: It is LIGHT THREATS. He threatened to is prohibited by law. Therefore, it is not grave
commit a wrong which does not constitute a crime. coercion.
It is not a crime to inform the Bureau of Customs So what crime is committed?
that the car was smuggled and it is subject to a The crime committed is SLIGHT PHYSICAL
demand of money and the imposition of any other INJURIES.
condition even though not unlawful.
Q: What if in case of grave coercion, it is necessary that the
Q: What if A, who is the creditor of B, was inside the house offender compels another to do something against his will,
of B. He was asking B to pay his indebtedness. B said: regardless of whether it be right or wrong, regardless
“Get out of my house. If I still see you in the afternoon of whether it is allowed or prohibited by law. The fact is a
when I get back inside my house and if you are still here, I person cannot put the law in his hands and prevent
will kill you.” What crime is committed? someone from doing something so long as it is against his
A: In this instance where B told A : “Get out of my will.
house. If I still see you in the afternoon when I get A: So in case of grave coercion, if the essence of
back inside my house and if you are still here, I threats is intimidation or a promise of a future
will kill you.” The crime committed is GRAVE wrong, a promise of a future injury, the injury or
THREATS. There is a promise of a future wrong threat is present, direct, personal, immediate and
to be committed in the afternoon if A is still there in imminent. It is NOW. That is why, grave coercion
the house. cannot be committed in writing or through an
internet chatting because it is always personal.
Q: What if in the same problem, A was asking B to pay his Hence, it is about to take place imminent and
indebtedness. B said: “Get out of my house! Otherwise, I immediate.
will kill you.” What crime is committed?
A: The crime committed is GRAVE COERCION. Q: So how would you distinguish threat vs. coercion?
The threat is present, direct, personal, immediate THREAT COERCION
and imminent. Not in the future, but now direct, The wrong threatened to be
personal and immediate. The wrong threatened to be committed is direct,
committed is in the future personal, immediate and
Note that in case of threats made while committing imminent
physical injuries, threats are absorbed. Cannot be committed in
May be committed in writing
writing or through internet
ARTICLE 286 – GRAVE COERCIONS or through an internet
chatting because it is always
2 way of committing grave coercion: chatting
personal and immediate
Q: So what if A told B to come inside his room and when B Two ways of committing robbery:
entered the room, A started scolding B. In scolding B, A 1.) Robbery with violence against or intimidation
said scandalous remarks against B. Unknown to A, B was (Art.294)
tape recording the private conversation between them. Can 2.) Robbery with the use of force upon things
B later use the said tape recording in order to file a case of (Art.299)
defamation or slander against A? The value of the property taken in robbery with violence
A: NO. Because the said act of tape recording against or intimidation against people is immaterial
without being authorized by all the parties to a because the penalty is dependent on the violence used by
private communication or spoken word is the offender against the offended party. However, in
inadmissible in any judicial, quasi-judicial, Robbery with the use of force upon things (Art.299), the
legislative or administrative proceedings or value of the property taken is material because the penalty
investigation. is dependent on the value of the property taken.
The ONLY EXCEPTION is when a police officer or peace Art.294 - Robbery with violence against or intimidation
officer is authorized by written order of the court to listen to, of persons
intercept or record any communication in crimes involving The following acts constitute robbery with violence against
treason, espionage, inciting to war or giving motives for or intimidation of persons:
reprisals, piracy, mutiny, rebellion, conspiracy and proposal 1.) When by reason or on occasion of the robbery,
to commit rebellion, sedition, conspiracy to commit sedition the crime of homicide is committed.
and kidnapping. Only in these instances and provided that 2.) When robbery is accompanied by rape or
the said peace officer is authorized by a written order intentional mutilation or arson.
coming from the court may he be allowed to intercept, 3.) When by reason or on occasion of such robbery,
listen to or record the private communication or spoken any of the physical injuries resulting in insanity,
word. imbecility, impotency or blindness is inflicted.
4.) When by reason or on occasion of robbery, any of
the physical injuries resulting in the loss of the use
TITLE TEN of speech or the power to hear or to smell, or the
CRIMES AGAINST PROPERTY loss of an eye, a hand, foot, an arm, or a leg or
Art. 293 – Who are guilty of robbery? the loss of the use of any such member or
Robbery is committed by any person, who with incapacity to go to work in which the injured
intent to gain shall take any personal property belonging to person is thereto habitually engaged is inflicted.
another by means of violence against, or intimidation of any 5.) If violence or intimidation employed in the
person, or using force upon anything. commission of the robbery is carried to a degree
clearly unnecessary for the commission of the
Elements of Robbery: crime
1. That the offender unlawfully takes a personal 6.) When in the course of its execution, the offender
property shall have inflicted upon any person not
2. That the said personal property belongs to responsible for the commission of the robbery any
another person of the physical injuries in consequence of which
3. There must be intent to gain in the taking of the the person injured becomes deformed or loses
said property any other member of his body or loses the use
4. That the said taking is either by means of violence thereof or becomes ill or incapacitated for the
against, or intimidation of any person, or using performance of the work in which he is habitually
force upon anything engaged for more than 90 days or the person
5. injured becomes ill or incapacitated for labor for
Unlawful taking – is the deprivation of the offended party of more than 30 days
his personal property with an element of permanency. So, it 7.) If violence employed by the offender does not
is necessary that in taking the personal property from cause any of the serious physical injuries defined
another person, there is an element of permanency.
demanded as a redemption for the liberty of Kidnapping and Serious Illegal Detention with
the person detained. Any money, price or Homicide
consideration which is given in exchange for - It is a special complex crime. Therefore, since
the liberty of the person detained or it is a special complex crime, regardless of
incarcerated is considered ransom. the number of the victims, it is still kidnapping
and serious illegal detention with murder or
- People vs. Mamantak homicide.
While the mother and her daughter were in a
food chain in Tondo, the mother lost her - People vs. Laranaga
daughter. She searched for her daughter over - There were 2 kidnapped victims. They were
a year. A year and 6 months thereafter, she sisters kidnapped and raped, thereafter killed.
received a phone call from a Muslim woman SC held that even though there were 2
claiming that she has her daughter and she victims the crime committed is kidnapping and
was demanding P30,000 in exchange of her serious illegal detention with homicide.
child. The woman instructed the mother to go
to a restaurant, where the exchange will take - NOTE: It is the victim himself or herself who
place. However, the mother already reported died. If it is another person, it is another
the call to the police. When they were in the separate and distinct crime because the law
restaurant and while the exchange was taking is particular that the victim himself is the one
place, the police apprehended Mamantak. that is killed or dies as consequence thereof.
The crime charged was kidnapping and
serious illegal detention with ransom. The Example:
RTC convicted the accused, however for A kidnapped the child of B who is his enemy.
kidnapping and serious illegal detention but Child is 10 years old. While being held, the child
not for ransom. According to the RTC, the tried to escape. A caught the child trying to
amount given, 30 thousand pesos, is such a escape. He shot the child. What was the crime
small amount to be considered ransom. committed?
According to the RTC it is merely a payment - The crime committed was kidnapping and
for the board and lodging of the child during serious illegal detention with homicide
the child was held by Mamantak.
- SC: The crime committed is kidnapping and But what if in the same problem, the father told the
serious illegal detention with ransom. Kahit 5 NBI agents about the kidnapping. The agents
pesos pa yan if it was given or demanded as were ale to track down than place where the child
a redemption for the liberty of the person was being kept. They went over the hide out and
detained it is already considered as ransom. exchange of gunfire took place. The father saw
There is no such thing as small amount in so that his child and took him away. While they were
far as ransom is concerned. escaping the kidnapper saw them and shot the
father. What crime or crimes was or were
Example committed?
A was indebted to B. B was asking for the - In so far as the minor is concerned, the crime
payment, however A failed to pay. B got fed up committed is kidnapping and serious illegal
therefore he kidnapped the minor child of A. B detention. Even if it has not lasted for a period
called A telling him that he would only release his of more than three day, the fact that the victim
child if he pays his indebtedness of half a million. is a minor, the crime committed is kidnapping
Is the crime of kidnapping and serious illegal and serious illegal detention.
detention with ransom committed? - In so far as the father is concerned, since he
- Yes, it is already kidnapping and serious is not the victim of the crime of kidnapping, a
illegal detention with ransom even if the separate crime of homicide should be filed.
amount being asked by the kidnapper is the - Therefore, there are 2 crimes committed by
indebtedness of the father of the kidnapped said kidnapper: kidnapping and serious illegal
child. So any amount given or demanded for detention, in so far as the minor is concerned
the release of the person detained, that is and homicide in so far as the father is
already considered ransom. concerned.
NOTE: The same is true for kidnapping and slight illegal detention under article 268.
serious illegal detention with rape. It is necessary
that the victim is the one raped and since it is Art. 268. Slight illegal detention.
again a special complex crime regardless of the Elements:
number of times that the victim was raped the 1. Offender is a private individual
crime committed is only kidnapping and serious 2. He kidnaps or detains another, or in any other
illegal detention with rape. There is no such crime manner deprive him of his liberty
as kidnapping and serious illegal detention with 3. The act of kidnapping or detention is illegal
multiple rapes. Only kidnapping and serious illegal 4. Committed absent any of the circumstances under
detention with rape and so with kidnapping and Art. 267
serious illegal detention with physical injuries Example
which is also a special complex crime. A, was envious of his neighbor. He kidnapped
said neighbor in the morning and placed him in a
Example: secluded place. A realized that he might be
A, is a 6 year old child, while playing in the imprisoned, so he decided to release his neighbor
playground was approached by X and gave her in the evening. What is the effect if such release to
candy. Meanwhile, the mother was busy hanging the criminal liability of A?
their clothes. After a while, X came back and this - Under Article 268, slight illegal detention, it is
time gave the child money. The child was so provided that if the victim is released, such
happy and easily persuaded to go with X. The release shall be considered as a privilege
mother searched for her daughter but she was mitigating circumstance because from the
nowhere to be found. X brought the child in his penalty of reclusion temporal, the penalty will
house and molested her twice. The following day, be lowered by one degree which is prision
the mother found her child in their house with torn mayor. However, in order that this voluntary
and blooded clothes. The crime charged was release maybe considered a privilege
kidnapping and serious illegal detention with rape. mitigating circumstance these are the
Is the crime charged proper? requisites:
- No, the charge is wrong because the obvious a. The release must be within three days
intention is to rape the child and not to detain from the commencement of the
her. SC held that the man is guilty of 2 counts detention;
of statutory rape because the child is below b. It must be made without having
12 years of age and she was molested twice. attained the purpose intended;
Therefore, unless and until there was an c. It must be made before the institution
intention to detain the child on the part of the of criminal proceedings against him.
offender, it could be any other crime but not
kidnapping and serious illegal detention. - If all these are present, then such voluntary
release of the offender will mitigate the
A saw his enemy walking. He abducted his enemy criminal liability of said offender.
and placed him in a vacant lot. The following
morning, his enemy was found in a vacant lot A kidnapped a public officer in the morning. In the
dead with 10 gun shot wounds. The crime evening he released the said public officer. Will
committed is murder. Obviously there was no such release mitigate the criminal liability of A?
intent to detain the said offended party. The intent - No. Because the fact that the person
was to kill him. Therefore, the proper charge is kidnapped is a public officer the crime
murder and not kidnapping and serious illegal committed is already kidnapping and serious
detention with murder or homicide as the case illegal detention under Article 267. If the crime
maybe. In order to amount to kidnapping and committed is Article 267, no amount of
serious illegal detention with homicide or murder voluntary release will mitigate the criminal
or physical injuries, it is necessary that there must liability of the offender.
be intent to detain and in the course of such
detention the victim is killed or raped or subjected NOTE: If the victim is a minor, female, public
to torture or other dehumanizing acts. officer automatically the crime committed is a
kidnapping and serious illegal detention under
If any of the circumstances is absent it will only be Article 267 and no amount of voluntary release will
3. It is under the pretext of reimbursing himself of a uninhabited place. Uninhabited place is one
debt incurred by an ascendant, guardian or where there is remote possibility for the victim
person entrusted with the custody of a minor to receive some help. Luneta Park is a public
place. Therefore, A cannot be held liable
Art. 274. Services rendered under compulsion in under Article 275.
payment of debt
Elements: 1st Act
1. Offender is a creditor who compels a debtor to Example
work for him, either as household or farm laborer A was hunting in the forest. He found B in the
2. It is against the debtor’s will middle of the forest. There was a big trunk of a
3. The purpose is to require or enforce the payment tree in his neck; thus, B cannot move. He was
of a debt begging for help. A however just left. B thereafter
was rescued. Can A be held liable under Article
Chapter Two 275?
CRIMES AGAINST SECURITY - Yes because A found B in an uninhabited
place, the forest. He was wounded, he was in
Section One – Abandonment of helpless persons and danger of dying because there was a big
Exploitation of minors trunk in his neck. There was no detriment on
the part of A if he renders assistance but he
Art. 275. Abandonment of person in danger and failed to render the same. Therefore he is
abandonment of one's own victim liable under Article 275.
3 acts punished:
But what if A found B. B was bitten by a snake
1) Any one who shall fail to render assistance to and it was still there. B was asking for help but A
any person whom he shall find in an did not help him because he was afraid that the
uninhabited place wounded or in danger of snake too might bite him. Can A be held liable
dying, when he can render such assistance under Article 275?
without detriment to himself, unless such - No, because helping B would be detrimental
omission shall constitute a more serious on his part.
offense;
Elements: 2nd Act
1. The place is not inhabited Example
2. The accused found there is a person A was driving his car when suddenly it tripped
wounded or in danger of dying over a stone. The stone flew, hitting the left eye of
3. The accused can render assistance a bystander. Is A liable?
w/out detriment to himself - No because it was purely accidental. It is an
4. The accused fails to render exempting circumstance. he was performing a
assistance lawful act with due care. An incident
happened without fault or accident on his
2) Anyone who shall fail to help or render part.
assistance to another whom he has
accidentally wounded or injured; However, when the left eye of the bystander bled,
he saw it, instead of bringing the person to the
3) Anyone who, having found an abandoned hospital, he sped up. Is A criminally liable?
child under seven years of age, shall fail to - Yes, A is criminally liable. When he failed to
deliver said child to the authorities or to his render assistance to his victim, he is
family, or shall fail to take him to a safe place. criminally liable under Article 275.
4. That he has no intent to kill the child when the callings enumerated in the next
latter is abandoned paragraph preceding who shall employ
any descendant of his under twelve
Penalty will be qualified if – years of age in such dangerous
a. death of the minor shall result by reason of exhibitions;
such abandonment or
b. the safety of the child has been placed in 4) Any ascendant, guardian, teacher or
danger. person entrusted in any capacity with the
care of a child under sixteen years of
Art. 277. Abandonment of minor by person entrusted age, who shall deliver such child
with his custody; indifference of parents gratuitously to any person following any
2 acts punished: of the callings enumerated in paragraph
2 hereof, or to any habitual vagrant or
1) Abandonment of a child by a person beggar.
entrusted with the custody
Elements: In either case, the guardian or curator
1. The offender is any person who has convicted shall also be removed from
charge of the rearing or education of office as guardian or curator; and in the
a minor case of the parents of the child, they
2. The he deliver said minor to a public may be deprived, temporarily or
institution or other persons perpetually, in the discretion of the court,
3. That it is without the consent of the of their parental authority;
one who entrusted such child to his
care or in the absence of the latter, 5) Any person who shall induce any child
without the consent of the proper under sixteen years of age to abandon
authorities the home of its ascendants, guardians,
curators, or teachers to follow any
2) Indifference of Parents person engaged in any of the callings
Elements: mentioned in paragraph 2 hereof, or to
1. The offender is a parent accompany any habitual vagrant or
2. The he neglects his children by not beggar.
giving them the education
3. That his station in life requires such These acts are considered exploitation of minors
education and financial conditions because these acts endanger the life and safety,
permits it the growth and development of said minors. This
usually involves circus.
Art. 278. Exploitation of minors.
The following are the acts punished: Art. 279. Additional penalties for other offenses. — The
imposition of the penalties prescribed in the preceding
1) Any person who shall cause any boy or articles, shall not prevent the imposition upon the same
girl under sixteen years of age to person of the penalty provided for any other felonies
perform any dangerous feat of defined and punished by this Code.
balancing, physical strength, or
contortion; Section Two – Trespass to dwelling
2) Any person who, being an acrobat, Art. 280. Qualified trespass to dwelling
gymnast, rope-walker, diver, wild-animal Elements:
tamer or circus manager or engaged in a 1. Offender is a private person
similar calling, shall employ in exhibitions 2. He enters the dwelling of another
of these kinds children under sixteen 3. That such entrance is against the latter’s will
years of age who are not his children or
descendants; Trespass to Dwelling or Qualified Trespass to
Dwelling is committed by any private person who
3) Any person engaged in any of the shall enter the dwelling of another against the
latter's will Entry was made against the Entry was made without
will of the owner/possessor seeking the permission of
It is committed by a private person because if it is of property the owner/caretaker thereof
public officer the crime committed is under Art.
128 which is Violation of Domicile. Under Art. 128, Example
when the law says “against the will”, it means that Townhouse A was currently uninhabited. There was a
there is some prohibition, there is opposition of notice posted that it was for rent. X entered the said
entering whether express or implied. Mere entry townhouse. What crime was committed by A?
without the consent of the owner will not bring - Trespass to Property because at that time the
about qualified trespass to dwelling. If the door is premises was closed and uninhabited and he
open it means that anybody can enter even enters without securing the permission of the
without the consent of the owner. The moment he owner or the caretaker.
enters he cannot be held liable with qualified
trespass because there is no prohibition or A and B, husband and wife, went on vacation for a
opposition to enter. It is necessary that there must month. Their house was therefore uninhabited. X learned
be prohibition or opposition from entering. that there was no one inside the house. he entered the
- It can be express an express prohibition house. what crime was committed? Is it Trespass to
such as, when there is a note stating “ Property or Qualified Trespass to Dwelling?
DO NOT ENTER” or when the door is - Qualified Trespass to Dwelling. It is a residential
closed after a person knocks when the place and someone is occupying it even if at the
owner sees the person knocking. moment it is uninhabited because the owners
- It is implied if the door is closed even if it went on vacation. It is considered an inhabited
is not locked. place therefore the moment someone enters, it
is considered trespass to dwelling and not
Art. 281. Other forms of trespass. — The penalty of trespass to property.
arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall Section Three – Threats and coercion
enter the closed premises or the fenced estate of
another, while either or them are uninhabited, if the 3 kinds of threats:
prohibition to enter be manifest and the trespasser has 1. Grave threats
not secured the permission of the owner or the 2. Light threats
caretaker thereof. 3. Other light threats
the demand of money or imposition of any other DISTINCTION: GRAVE, LIGHT, OTHER LIGHT
condition THREATS
GRAVE LIGHT OTHER LIGHT
Art. 283. Light threats THREATS THREATS THREATS
Light threats: The threat is The threat does Committed by
- Any threat to commit a wrong not constituting a always & always not amount to a threatening another
crime, but it is always subject to a demand of amounting to crime. It is with a weapon or
money or imposition of any other condition, even and constituting always and draw such weapon
though not unlawful a crime. It may always subject in a quarrel, unless
or may not be to a demand of it be in lawful self-
Art. 284. Bond for good behavior subject to money or the defense; or orally
Example: demand of imposition of threatening, in the
A threatened to kill B. B filed a case of grave threats money or any other heat of anger,
against A. Upon filing of the case, what bail if any should imposition of condition, even another with some
the court impose upon A? other conditions. though not harm not
ANS: BOND FOR GOOD BEHAVIOR - is a bail The offender unlawful. constituting a crime,
required by the court to be posted by any accused may or may not and who by
only in the crimes of grave threats and other light attain his subsequent acts
threats. This is to ensure that the offender will not purpose. show that he did not
make good the threat imposed by him. Failure to persist in the idea
post the bond, the offender shall be sentenced to involved in his
destierro. threat; or orally
threatening to do
Art. 285. Other light threats any harm not
Acts punished: constituting a felony.
3) Orally threatening to do another any harm not CRIME: A committed other light threats. A, in the
constituting a felony heat of anger, orally threatened B with a wrong
constituting a crime but he did not pursue the
idea.
intent to gain the moment that there is 7) If the violence employed in the commission or
taking of personal property of another robbery does not constitute the physical
4. Taking is with violence and intimidation or injuries covered by sub-divisions 3 and 4 of
force upon things said Article 263 or that only intimidation is
employed.
Section One – Robbery with violence against or Based on the foregoing, there exists crimes such as
intimidation of persons robbery with homicide, robbery with rape, robbery with
serious physical injuries and robbery with unnecessary
Art. 294. Robbery with violence against or intimidation violence and simple robbery.
of persons
ROBBERY WITH HOMICIDE
2 Types of Robbery: - is a special complex crime because in reality
1. WITH VIOLENCE AND INTIMIDATION there are two crimes committed but in the
- In this kind of robbery, the value of the eyes of the law, there is only one crime. For
property taken is immaterial because the as long as the original intent or original
penalty is dependent on the violence criminal design of the offender is to rob, the
employed by the offender. killing may take place before, during or after
2. WITH FORCE UPON THINGS the robbery
- The value of the property taken is material
because the penalty is dependent upon the - regardless of the number of persons killed,
value of the property. there is only one crime committed. Also, even
if the killing is unintentional or accidental,
ROBBERY WITH VIOLENCE AND there is still one crime committed.
INTIMIDATION
ACTS: - even if the victim of the killing is different from
1) When by reason or on the occasion of the victim of the robbery, still it is robbery with
robbery, homicide is committed homicide. This constitutes the difference
2) When robbery is accompanied by rape, between kidnapping with serious illegal
intentional mutilation, or arson detention because in this crime, the victim of
3) When by reason or on the occasion of the kidnapping must also be the victim of the
robbery, any of the serious physical injuries killing
resulting to insanity, imbecility, impotency or Example:
blindness was committed A went to the house of B and took the valuables
4) When by reason or on the occasion or therein. During the taking, one jewelry box suddenly
robbery, any of the of the serious physical fell on the floor. This awakened the owner of the
injuries resulting to the loss of the use of house, X. When A saw this, he immediately shot X
speech or the power to hear or to smell, or CRIME: Robbery with homicide because by
shall have lost an eye, a hand, a foot, an arm, reason or on the occasion of robbery, homicide
or a leg or shall have lost the use of any such was committed.
member, or shall have become incapacitated
for the work in which he was therefor In same problem, wife of X was also awakened and
habitually engaged she started to shout. Because of this, A also shot the
5) When the commission of the robbery is wife
carried to a degree clearly unnecessary for CRIME: Robbery with homicide even if two
the commission of the crime persons were killed since the crime is a special
6) In the execution of the robbery, and in complex crime. All the offenses are merged into a
consequence of the physical injuries inflicted, single indivisible crime of robbery with homicide.
the person injured shall have become
deformed, or shall have lost any other part of A was about to go out bringing with him the valuables
his body, or shall have lost the use thereof, or he robbed. However, he bumped the door. This
shall have been ill or incapacitated for the awakened the owner, X, who tried to chase A. They
performance of the work in which he as reached the garden part of the house. While therein, A
habitually engaged for a period of more than positioned himself to shoot X, so X jumped on A to
ninety days struggle possession of the gun. In the course of the
struggle, the gun fired and hit a balot vendor who person was injured. All these circumstances are
passed by the house of X. merged into an integrated whole; that is, the single
CRIME: Robbery with homicide. Since it is a indivisible offense of robbery with homicide
special complex crime, even if the victim of
robbery is different from the victim of homicide or ROBBERY WITH RAPE
even if the killing is accidental, there is only a - is also a special complex crime. So long as
single indivisible crime committed. So long as the the intention of the offender is to commit
killing is by reason or on the occasion of the robbery, the rape can be committed before,
robbery. during and after the robbery. Regardless of
the number of rapes, there is only a single
A, B and C entered the house of X to commit robbery. indivisible crime. There is no such crime as
After taking the valuables and as they were about to robbery with multiple rapes.
leave, X was awakened. Among the three, it was only Example:
A who shot and killed X. A woman was walking on her way home. It was payday
CRIME: All are criminally liable even if it is only A and her salary was inside her bag. X, the robber, took
who shot X. While there is a rule that in an the bag of the woman and got the money therein. X
express or direct conspiracy the conspirators are found the woman attractive so he raped her twice.
liable only for the crime agreed upon by them, the CRIME: Robbery with rape, regardless of the
situation however falls under the exception. number of times the woman was raped.
EXCEPTION: That is, when the conspiracy results
to a special complex crime. The crimes cannot be
separated from each other. Thus, even if it’s only
A who shot X or even if the agreement is only to People vs Suyu
commit robbery, since homicide was committed by A couple was having snack inside the car. While eating,
reason or on the occasion of robbery, all are they saw shadows of four men trying to push the car. One
criminally liable for the crime of robbery with of them was Suyu. The couple was forced to open the door
homicide. and get out of the car. The men took the valuables of the
EXCEPTION TO THE EXCEPTION: is when B couple. While the men were taking the valuables, the
and C performed acts to prevent A from killing X. boyfriend ran and left the girlfriend. After taking the
valuables, the men dragged the abandoned girlfriend to a
People vs Cabbab nearby nipa hut. Inside the nipa hut, the girlfriend was
In a game played by A, B, X, Y and Z, it was A who won raped by Suyu, the mastermind. After Suyu, the girlfriend
the game. After the game, while A, B and Z were about to was again raped by the other companion. The girlfriend
leave, X and Y were furiously looking at them. Suddenly, X was raped three times. Rape with carnal knowledge and
and Y fired several shots against A, B and Z. Z, who was a rape with sexual assault were committed against her. The
police officer, dove into the canal in order to prevent other two men remained outside the nipa hut to serve as
himself from being killed. Z was injured. Unfortunately, A lookouts.
and B were killed and thereafter, the winnings of A were CRIME: Robbery with rape. Regardless of the fact
taken by X and Y. that two persons raped the victim, regardless of
Fiscal filed the cases of - 1. Robbery because of the taking the fact that the victim was raped three times, and
of the winnings, 2. Double murder because of the death of regardless of the fact that two natures of rape
A and B, and 3. Attempted murder insofar as Z is (carnal knowledge and sexual assault) were
concerned. committed against the victim, there is only one
RTC ruled that the charges were wrong because the crime indivisible crime.
committed is robbery with double homicide and attempted
murder Even if not all of the offenders raped the victim,
Upon appeal, CA ruled that the ruling of RTC is incorrect still all of them are criminally liable for the crime of
because the crime committed is robbery with homicide and robbery with rape because the two lookouts did
attempted murder not perform acts to prevent the rape.
SC: The Fiscal, RTC and CA were all wrong. The
crime committed is only the single indivisible ROBBERY WITH INTENTIONAL MUTILATION,
offense of robbery with homicide. All the acts are ROBBERY WITH SERIOUS PHYSICAL INJURIES AND
considered absorbed by robbery with homicide ROBBERY WITH ARSON
despite the fact that 2 persons were killed and 1
- For as long as the original intent is to commit the severance of the arm, so intentional mutilation. Not
robbery, the intentional mutilation, serious only that, when he was going out of the gate, here comes
physical injury or arson may be committed the driver, preventing A from leaving the house. So what
before, during or after the robbery. A did was that he boxed the driver several times which
Example: resulted to serious physical injuries. What are the crimes
It was payday. A and B saw X with a bag. A and B committed?
signaled X to give them his bag. X gave the bag and left. So we have one death, two rapes, intentional
A and B went to a nearby waiting shed bringing with mutilation and serious physical injuries.
them the bag of X. In the waiting shed, A and B divided
the money of X. In the course of the partition, A gave B A only committed the single indivisible offense of
only a small share of the money. B got mad. B shot A. robbery with homicide. All the rape, intentional
CRIME: Robbery with Homicide, even if it was an mutilation and serious physical injuries are
offender killed. This is because the killing took merged into the composite integrated offense and
place by reason of the robbery, while A and B that is, the single indivisible offense of robbery
were dividing the loot. with homicide.
In the same problem, while A and B were dividing the You have to observe the sequence because
loot, B got a small share. Because of this, B without the highest is robbery with homicide.
intent to kill shot A who suffered serious physical injuries.
CRIME: Robbery with serious physical injuries If rape took place after A committed robbery, A after
taking the valuables of the house, raped the wife and
In the same problem, while A and B were dividing the while he was raping the wife, the husband saw A, so A
loot, B got a small share. Because of this, B took his ice killed the husband, and then later the driver put up a fight
pick from his pocket and used it to put an X mark on the and resulted to serious physical injuries. What are the
face of A. This serious physical injury resulted to crimes committed?
deformity. The crime committed is robbery with homicide.
CRIME: Robbery and Serious Physical injury.
Under Art. 294 par 4, when the serious physical The first is homicide, rape, intentional
injury that resulted is a deformity, or the loss of mutilation, arson, serious physical injuries,
any other member of his body, the law requires unnecessary violence and simple robbery. All
that the said serious physical injury or deformity is the others are merged, and that is robbery
inflicted in the course of the execution of the with homicide. The other offenses will not be
robbery upon a person not responsible for the considered as aggravating circumstances
robbery. Otherwise, it will bring about a separate because there is nothing in Art. 14 that will
and distinct crime. consider the other offenses as aggravating
circumstances. That is why you have to
Here, the deformity was inflicted after the robbery observe the sequence. So if there was only
and upon a person responsible for the rape, intentional mutilation, serious physical
commission of the robbery. Thus, there are two injuries, it will be robbery with rape. It will only
crimes committed: Robbery and Serious Physical be a single indivisible offense. It will be a
Injury. special complex crime.
What if A went to the house of B, instead of X which was Art. 295. Robbery with physical injuries, committed in
his original plan. A, while taking the valuables, made an uninhabited place and by a band, or with the use of
some noise and awakened the owner of the house, and firearm on a street, road or alley.
so A shot the owner of the house. The owner of the
house died. Thereafter A hurriedly went downstairs.
Downstairs he saw the wife, found the wife attractive, Art. 296. Definition of a band and penalty incurred by
and he raped the wife. After raping the wife, he also saw the members thereof.
the maid and found the maid attractive, so he raped the
maid. The moment he got out of the door of the house,
the gardener saw him and tried to prevent A from leaving Art. 297. Attempted and frustrated robbery committed
the house. And so A shot the gardener, and in shooting under certain circumstances.
the gardener, A shot the arms several times, resulting in
Section Two – Robbery by the use of force upon things What if he made an entry, let down a rope with a hook
and used it in taking the valuable.
ROBBERY WITH USE OF FORCE UPON The crime committed only is theft with aggravating
THINGS circumstance of the breaking of the roof. His body
did not enter the premises.
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship 2) When the offender manages to enter said
inhabited place, dwelling, public place or place
Another form of robbery is robbery with the use of dedicated to religious worship without any
force upon things in Art 299. unlawful entry, or is an insider, and once inside,
he used force in opening in order to:
In case of violence against persons, the value of the a. Break doors, wardrobes, chests, or
property is not important because the penalty is the any other kind of locked or sealed
basis of the violence. furniture or receptacle
NOTE:
In Art. 299, the basis of the penalty is the value of the The second act is when the offender was able to
property taken. enter without unlawful entry or was an insider and
once inside, breaks the doors, wardrobes, chest,
3 ways of committing robbery with use of force upon receptacles, and thereafter took the personal
things: properties inside the house.
1) When a person enters the dwelling, house, public
building or edifice devoted to worship where Example
personal property is taken through: A and B are brothers, living in the same house and in the
a. An opening not intended for entrance or same room but have different cabinets where each of the
egress cabinets have locks. One time brother A was in need of
b. By breaking any wall, roof, or floor or money and wanted to borrow money from brother B, but
breaking any door or window. brother B was out of the house. So what brother A did
c. By using false keys, picklocks or similar was that he forcibly opened the cabinet of brother B and
tools took the expensive jewelries of brother B and
d. By using any fictitious name or appropriated the jewelry? What are the crimes
pretending the exercise of public committed? Is Brother A only liable civilly?
authority A is guilty of robbery with use of force upon things.
NOTE: He is an insider, and he used force to break open
Under the first act, the essence of the crime is in the cabinet of B. He did not commit theft. Since
the unlawful entry; it is the act of trespassing and the crime committed is robbery, brother A is
also the taking of the property of another. criminally liable and civilly liable. Because under
Article 332, it is only on cases of theft, swindling,
It is necessary that the entire body must have estafa, and malicious mischief, wherein there’s no
enter, otherwise, even if there is breaking, it would criminal liability but only civil liability in case of
only amount to theft and that breaking would relatives living together.
amount only to aggravating circumstance. The
Supreme Court ruled that when the law used the In the same problem, what if A was in need of money, he
word “enter”, it means that the entire body must saw the expensive watch of B on top of the table and
have entered said place to take the property of sold the watch. What crime was committed?
another. A committed the crime of theft since there is no
breaking or forcibly opening the receptacle. Under
Example Art 332, he is only liable for civil liability. They are
A, in order to rob the house made an opening in the roof, free from criminal liability.
sufficient for him to enter. So he used a rope in going
down and thereafter he took the valuables and then left. Art. 332. Persons exempt from
What crime is committed? criminal liability. — No criminal, but
only civil liability, shall result from the In case of robbery with serious physical injuries,
commission of the crime of theft, unnecessary violence or simple violence, how will the
swindling or malicious mischief crime be qualified?
committed or caused mutually by the The answer is under Art. 295, where if the said
following persons: robbery is:
1. Spouses, ascendants and 1. Committed in an uninhabited place OR
descendants, or relatives by affinity by a band
in the same line. 2. By attacking any moving train, street car,
2. The widowed spouse with respect motor vehicle or airship
to the property which belonged to 3. By entering the passenger’s
the deceased spouse before the compartments in a train; or
same shall have passed into the 4. Taking the passengers by surprise in
possession of another; and their respective conveyances
3. Brothers and sisters and brothers- 5. On a street, road, highway, or alley and
in-law and sisters-in-law, if living the Intimidation is made use of a firearm
together.
The exemption established by this article NOTE:
shall not be applicable to strangers That in case of robbery with violence or
participating in the commission of the intimidation on persons, the qualifying
crime. circumstances are present, only one of these is
sufficient to qualify the penalty. The law here uses
Since it refers to simple crimes, if the crime committed is the conjunction OR not AND.
estafa through falsification of public document, there will
be criminal liability. This exemption from criminal liability Example:
will only lie in the cases mentioned in Art. 332. A went to the house of B. A told B “this is a hold up and
bring out the valuables”. Instead of bringing the valuables
3) When the offender manages to enter said to A, B panicked and shouted. A therefore shot B. B died.
inhabited place, dwelling, public place, or place A also panicked and left the place without bringing his
dedicated to religious worship without any loot. What is/are the crime/s committed?
unlawful entry, once inside he took the sealed The crime committed by A is attempted robbery
receptacle outside to be opened or forced open. with homicide. This is also a special complex
crime. Here robbery was attempted because he
The offender was able to enter and once inside, was unable to take any of the property. The fact
he did not use force to open the close cabinet or that A was able to announce hold-up and bring the
receptacle. Instead, he took the cabinet and valuables to him means that the original design is
receptacle outside to open it. to commit robbery. It was attempted because he
was unable to take the property, and in the course
Circumstances that will qualify robbery with use of of thereof, he killed the owner.
force upon things:
Art. 300. Robbery in an uninhabited place and by a In order to amount to special complex crime, it is
band. necessary that both the robbery and homicide
Under Article 300, if robbery is committed with must be consummated.
in an uninhabited place and by a band — the
law used the conjunction AND, both must What if in the course of robbery, the said owner was shot
concur in order to amount a qualifying but was able to survive. What crime is committed?
circumstance, to increase the penalty. So it The crime committed is robbery with physical
should be in an uninhabited place and by a injuries depending on the injuries sustained by the
band, therefore both must be present. victim. In order to amount to robbery with
homicide, it is necessary that both crimes must be
Art. 295. Robbery with physical injuries, committed in present and there is no such thing as robbery
an uninhabited place and by a band, or with the use of with frustrated homicide or attempted
firearm on a street, road or alley. homicide, for it is the law which provides for the
crime which must be complexed, and the law does
not provide that frustrated homicide or attempted things or other unlawful means, committed by any person
homicide must be complexed with robbery. on any Philippine highway.
In the instant case, since the killing took place at Art 306 vs. PD 532, or the Anti-Highway Robbery Law
the spur of the moment, then it is robbery with of 1974
homicide.
Art. 306 PD 532
Requires that there must be No requisite as to the # of
Chapter Two at least 4 armed men perpetrators of the crime
BRIGANDAGE Even a single person can
commit the crime of
What if robbery was committed by 4 armed men? brigandage
The mere formation of the There must be an actual
Art. 296. Definition of a band and penalty incurred by band of robbers for any of commission of the crime or
the members thereof. the purposes mentioned will no crime will arise
A was walking, suddenly there are 4 men with knives and bring about the crime
took A’s bag which is full of money. A put up a fight. And There is a predetermined or There is no preconceived
so these armed men killed A. What crime is committed? preconceived victim victim. It is committed
Is the crime committed robbery in band with homicide? indiscriminately on any
There is no such crime as robbery by a band with person passing on the
homicide. The said use of band is only an highway as long as it is
aggravating circumstance. The proper designation committed in a Philippine
of the crime is robbery with homicide. The fact that highway.
it is committed by 4 armed men is only an
aggravating circumstance. Under Art. 296, if a Chapter Three
band committed robbery, it is only an aggravating THEFT
circumstance.
Art. 308. Who are liable for theft. — Theft is committed
Art. 306. Brigandage. by any person who, with intent to gain but without
Under Article 306, it is committed by at least 4 armed men violence against or intimidation of persons nor force
for the purposes of - upon things, shall take personal property of another
1. committing robbery in the highway; without the latter's consent.
2. kidnapping persons for the purpose of extortion or
ransom Theft is likewise committed by:
3. for any other purpose to be attained by means of 1. Any person who, having found lost property,
force and violence. shall fail to deliver the same to the local
authorities or to its owner;
Art. 296 Art. 306 2. Any person who, after having maliciously
Both require at least 4 armed persons damaged the property of another, shall
It is required that the 4 The crime is already remove or make use of the fruits or object of
armed men must actually consummated by the mere the damage caused by him; and
take part in the commission fact that 4 armed men 3. Any person who shall enter an inclosed estate
of the robbery formed a band of robbers. or a field where trespass is forbidden or which
It is not required that they belongs to another and without the consent of
actually commit the its owner, shall hunt or fish upon the same or
enumerated purposes. shall gather cereals, or other forest or farm
products.
PD 532 (THE ANTI-HIGHWAY ROBBERY LAW OF 1974)
The definition is almost the same as robbery. The
In PD 532, brigandage is defined as the seizure of any difference lies in the case of robbery where there is
person for ransom, extortion, or other unlawful purposes, or violence or intimidation of persons and use of force upon
the taking away of property of another by means of things, while in theft, there is no violence, intimidation
violence against or intimidation of persons of force upon against persons or force upon things.
Example: A was a security guard. The owner of the house left his
1. A person who found a lost personal property of key to the security guard. However, the security guard
another but did not give it to the police, there is used the key to open the house of the owner and took
theft. the valuables. What crime is committed?
2. A damaged the property of B, he make use of that The Security Guard is liable for qualified theft
damage. because of grave abuse of confidence.
3. There is a vacant lot guarded by X. A person
entered the vacant lot and took the fruits. RA 6539 (ANTI-CARNAPPING ACT)
Art. 311. Theft of the property of the National Library Chapter Five
and National Museum. CULPABLE INSOLVENCY
The value of the property is immaterial because
the law prescribed the penalty of arresto mayor or Art. 314. Fraudulent insolvency. — Any person who shall
fine or both. abscond with his property to the prejudice of his creditors,
shall suffer the penalty of prision mayor, if he be a
Chapter Four merchant and the penalty of prision correccional in its
USURPATION maximum period to prision mayor in its medium period, if
by the teller to his account. The teller misappropriated that the owner participated in procuring the
the 100k. What is the crime committed? document when in fact, the owner did not.
The crime committed is Qualified Theft. The SC
ruled that when the depositor leaves to the bank ESTAFA BY MEANS OF FALSE PRETENSE or BY
his money for deposit, what has been transferred FRAUDULENT ACTS PRIOR TO OR SIMULTANEOUS
is only the material or physical possession. The TO THE COMMISSION OF THE OFFENSE (2ND form)
juridical possession of the money remains with the
owner of the money. Hence, when it is (a) By using fictitious name, or falsely pretending to
misappropriated by the teller of the bank, it is only possess power, influence, qualifications,
qualified theft and not estafa. property, credit, agency, business or imaginary
transactions, or by means of other similar
A works in the field and makes cash advance to his deceits.
company. One time he went to a certain place and there
is a cash advance. When A returned, A failed to liquidate Example:
the expenses in the cash advance despite demands. A, Band C are newly graduates. They just passed the
What is the crime committed by A? nursing board exam. X learned that A, B, and C passed
According to the SC, a cash advance is in the the board so he went to the house of A, B and C and told
nature of a loan. When an employee makes a them that X has a placement agency that will help them
cash advance to the company, it is in effect find work abroad. AB and C believed X, and X demanded
obtaining a loan from the company. Therefore that they give X 100k for processing fees. A, B, and C
ownership is transferred to the employee because never saw X again. Later X was arrested. What are the
there is no obligation to return the very same crimes committed by X?
money. Hence there can be no estafa. Since X may be liable of estafa by falsely pretending to
ownership was transferred and that the employee possess power or agency, where in fact, he is not
cannot pay, we have the relationship of creditor licensed by the POEA of Department of Labor.
and debtor, not that entrustor- entrustee. There
will be no criminal case but only civil liability. Can he also be held liable for illegal recruitment?
Hence, we have a civil case of collection for sum He can also be liable for illegal recruitment under
of money. the labor code.
(c) By taking undue advantage of the signature of the Under PD 2018, which amended Article 38 and 39
offended party in blank, and by writing any of the Labor Code, where if illegal recruitment is
document above such signature in blank, to the committed by a syndicate (3 or more persons) or
prejudice of the offended party or of any third in large scale (where the victims are 3 or more
person. persons individually or as a group), the crime
committed is economic sabotage.
Example:
The owner of the company has blank documents with his By reason thereof, the offender is liable for 2
signature and gave it to his secretary. The said crimes, and that is estafa and illegal recruitment.
documents will be used in case of emergency. One time
the secretary wrote a document above the blank Can the offender be prosecuted at the same time?
signature stating that the said owner will be assuming the Yes, because estafa requires illegal deceit or false
indebtedness of the secretary. pretense, while in illegal recruitment does not
The crime committed by the secretary is estafa require deceit or false pretense. The mere fact of
because there is abuse of confidence. The owner recruiting where he does not have any license
entrusted the blank document to the secretary. makes him liable for illegal recruitment.
What if the secretary placed the blank document it on the (d) By post-dating a check, or issuing a check in
table. Here comes a visitor, and upon seeing the blank payment of an obligation when the offender
document, he took one and then he went to his house therein were not sufficient to cover the amount
and wrote a document stating that the said owner shall of the check. The failure of the drawer of the
assume his liability. check to deposit the amount necessary to cover
The crime committed is not estafa but falsification his check within three (3) days from receipt of
of a private document because he made it appear notice from the bank and/or the payee or holder
that said check has been dishonored for lack of the said check, the offended party would not have
insufficiency of funds shall be prima facie parted with his property or money.
evidence of deceit constituting false pretense or o In order to amount estafa by postdating a check,
fraudulent act. (As amended by R.A. 4885, the issuance of the check must not be in payment
approved June 17, 1967.) of a pre-existing obligation. It is necessary that the
obligation is in concomitance with the issuance of
BP 22 (BOUNCING CHECKS LAW) the check.
2 acts punished in BP 22: o In case of BP 22, even if in payment of pre-
1) Making or drawing and issuing a check knowing at existing obligation, the moment the check
the time of issue that he does not have sufficient bounced, BP 22 will apply.
funds. o In case of estafa, the offender must make good of
The offender knows that he does not have the check within a period of 3 days. In BP 22, the
sufficient funds in his account at the time of the offender must make good of the check within 5
issuance of the check. banking days.
2) Failing to keep sufficient funds to cover the full When is there prima facie evidence of knowledge of
amount of the check. insufficiency of funds in BP 22?
The funder knows that he has sufficient amount at Section 2 of BP 22, there arises the prima facie knowledge
the time of the issuance of the check but failed to of insufficiency of funds when the offender makes or draws
keep sufficient funds to cover the amount after the and issues a check which bounced when deposited within
issuance of the check. The crime will arise for his the period of 90 days from the moment of its issue.
failure to keep sufficient funds or maintain his
credit to cover the full amount for a period of 90 Elements of prima facie knowledge:
days from the date appearing on the check. 1. The check must be deposited within 90 days from
date appearing on the check;
Example: 2. There must be notice of dishonor received by the
A is building a house, so he went to B, who is the owner drawer of the check;
of the hardware store. A told B that he doesn’t have any 3. The drawer of the check failed to make good of
money at the moment but he will be issuing a check the check within 5 banking days from receipt of
guaranteeing that it will be funded on the 15 th, which is the notice of dishonor.
the maturity date. B believed A’s representation that the
check will be funded so B placed the construction If the drawer was able to make good of the
materials to A. On the 15th day of the month, the check check within 5 banking days, the prima facie
bounced. B sent a notice of dishonor to A, but despite presumption of knowledge of insufficiency of
such notice of dishonor, months had passed and yet A funds will not arise.
still failed to pay. What crimes may be filed against A?
B may file a case of estafa because the said Example:
check was issued in concomitance with the said If the holder deposited the check on the 100 th day. Can
fraud. Where it not for the said check, B would not the drawer of the check be still held liable for violation of
give the construction materials to A. BP 22?
Yes, the drawer is liable for violation of BP 22.
Aside from that, can A also be held liable for violation of What is erased only is the prima facie knowledge
BP22? of insufficiency of funds. But so long as the check
A may also be held liable for violation of BP 22. It is not a stale check (check beyond 6 months or
will apply in any cases the moment the check 120 days). If said check is dishonored, violation of
bounce. The essence of BP22 is the issuance of BP 22 can still arise, because the prima facie
the worthless check. knowledge of insufficiency of funds can be proven
by other evidence.
o However, said offense will not automatically
amount to estafa. In order to amount estafa, it is Penalty for violation of BP22:
necessary that the issuance of the check is the Imprisonment of not less than 30 days but not
reason of the defraudation. That is, where it not more than 1 year or a fine of not less than but not
for the said check, where it not for the promise of more than double the amount of the check which
fine shall in no case exceed PHP200,000, or both
such fine and imprisonment at the discretion of the properties with which he guaranteed the fulfillment of
court. such obligation.
Art. 321. Other forms of arson. — When the arson 5. By prision correccional in its medium period to
consists in the burning of other property and under the prision mayor in its minimum period, when the damage
circumstances given hereunder, the offender shall be caused is over 200 pesos but does not exceed 1,000
punishable: pesos, and the property referred to in paragraph (a) of
1. By reclusion temporal or reclusion perpetua: the preceding subdivision is set on fire; but when the
(a) if the offender shall set fire to any building, value of such property does not exceed 200 pesos, the
farmhouse, warehouse, hut, shelter, or vessel in port, penalty next lower in degree than that prescribed in
knowing it to be occupied at the time by one or more this subdivision shall be imposed.
persons;
(b) If the building burned is a public building and value 6. The penalty of prision correccional in its medium
of the damage caused exceeds 6,000 pesos; and maximum periods, if the damage caused in the
(c) If the building burned is a public building and the case mentioned in paragraph (b) of subdivision 3 of
purpose is to destroy evidence kept therein to be used this article does not exceed 6,000 pesos but is over 200
in instituting prosecution for the punishment of pesos.
violators of the law, irrespective of the amount of the 7. The penalty of prision correccional in its minimum
damage; and medium periods, if the damage caused in the case
(d) If the building burned is a public building and the mentioned paragraph (b) subdivision 3 of this article
purpose is to destroy evidence kept therein to be used does not exceed 200 pesos.
in legislative, judicial or administrative proceedings,
irrespective of the amount of the damage; Provided, 8. The penalty of arresto mayor and a fine ranging from
however, That if the evidence destroyed is to be used fifty to one hundred per centum if the damage caused
against the defendant for the prosecution of any crime shall be imposed, when the property burned consists
punishable under existing laws, the penalty shall be of grain fields, pasture lands, forests, or plantations
reclusion perpetua; when the value of such property does not exceed 200
(e) If the arson shall have been committed with the pesos. (As amended by R.A. 5467, approved May 12,
intention of collecting under an insurance policy 1969).
against loss or damage by fire.
Art. 322. Cases of arson not included in the preceding
2. By reclusion temporal: articles. — Cases of arson not included in the next
(a) If an inhabited house or any other building in which preceding articles shall be punished:
people are accustomed to meet is set on fire, and the
culprit did not know that such house or building was 1. By arresto mayor in its medium and maximum
occupied at the time, or if he shall set fire to a moving periods, when the damage caused does not exceed 50
freight train or motor vehicle, and the value of the pesos;
damage caused exceeds 6,000 pesos; 2. By arresto mayor in its maximum period to prision
(b) If the value of the damage caused in paragraph (b) correccional in its minimum period, when the damage
of the preceding subdivision does not exceed 6,000 caused is over 50 pesos but does not exceed 200
pesos; pesos;
(c) If a farm, sugar mill, cane mill, mill central, bamboo 3. By prision correccional in its minimum and medium
groves or any similar plantation is set on fire and the periods, if the damage caused is over 200 pesos but
damage caused exceeds 6,000 pesos; and does not exceed 1,000 pesos; and
(d) If grain fields, pasture lands, or forests, or plantings 4. By prision correccional in its medium and maximum
are set on fire, and the damage caused exceeds 6,000 periods, if it is over 1,000 pesos.
pesos.
Art. 323. Arson of property of small value. — The arson
3. By prision mayor: of any uninhabited hut, storehouse, barn, shed, or any
(a) If the value of the damage caused in the case other property the value of which does not exceed 25
mentioned in paragraphs (a), (c), and (d) in the next pesos, committed at a time or under circumstances
preceding subdivision does not exceed 6,000 pesos; which clearly exclude all danger of the fire spreading,
Penalty for destructive arson: Reclusion Perpetua to It is a crime which can only be committed by means of
Death intent. There must be deliberate intent to cause damage to
The penalty for the concubine is destierro. In the 1st kind is the seduction of a virgin
1. Committed by a public officer, a domestic servant,
a priest, teacher, guardian or any person who has
RAPE IS ALREADY REPEALED custody over the person
2. In this case, the elements are:
Art. 336. Acts of lasciviousness. — Any person who a) The offended party must be a virgin
shall commit any act of lasciviousness upon other b) She must be over 12 and under 18
persons of either sex, under any of the circumstances c) The offender is a priest, domestic
mentioned in the preceding article, shall be punished servant, teacher, guardian
by prision correccional. d) The offender had sexual intercourse with
her
Acts of lasciviousness- acts committed with unchaste e) There is abuse of authority, confidence or
design and done under circumstances of rape. relationship on the part of the offender
As it is done under circumstances of rape, so the
offender may be any person, for example a man Virginity does not refer to physical virginity. It would suffice
touching the private parts of another man. that the woman is not married, she is single and living a
chaste life. The law presumes that she is a virgin.
Elements: The offender is any person, public authority, priest,
1. That the offender commits any act of guardian
lasciviousness or lewdness;
Sample Problem: Woman can be any person. Age, virginity, civil status is not
In order to have sexual congress with the woman, the man material. For as long as the taking away is done with lewd
promised to marry the man. Crime committed is seduction. design and against her will.
note that sexual intercourse is not an element. If
In one case, the woman committed sexual congress with a by reason of the forcible abduction, the man had
married man because the man promised that he will marry sexual intercourse with the woman, it may result in
the woman. The SC said that there is no seduction. The a complex crime of rape with forcible abduction.
fact that the woman knows that the man is married, the
man cannot marry her. There is no deceit. SAMPLE PROBLEM:
1. X is a turned down suitor of A. X forcibly took A,
Art. 339. Acts of lasciviousness with the consent of the who was sitting in the door step of her house. X
offended party. — The penalty of arresto mayor shall professed his love to A. However, A did not accept
be imposed to punish any other acts of lasciviousness him so X raped him 7 times within 7 days. How
committed by the same persons and the same many crimes are committed? What are the crimes
circumstances as those provided in Articles 337 and committed?
338. The crimes committed by X are 7 crimes: 1 crime forcible
abduction with rape and 6 crimes of rape. Separate and
This is under circumstances of seduction. distinct from each other.
Offender: Man Note that only 1 forcible abduction is necessary
Offended Party: woman and only 1 rape is necessary to bring about
complex crime of forcible abduction with rape. The
Under this circumstance, the acts of lasciviousness are other rapes are separate and distinct from the
committed through: crime of rape
a) Abuse of authority
b) Abuse of confidence 2. In the same case, the woman was inside the
c) Abuse of relationship house of the man. The man attempted to rape the
d) Means of deceit woman but the woman was able to run away.
There is no crime of forcible abduction with attempted rape.
Art. 340. Corruption of minors. — Any person who shall The attempt to rape the woman is the manifestation of the
promote or facilitate the prostitution or corruption of lewd design which is an element of forcible abduction.
persons underage to satisfy the lust of another, shall
be punished by prision mayor, and if the culprit is a
pubic officer or employee, including those in CONSENTED ABDUCTION:
government-owned or controlled corporations, he shall Elements:
also suffer the penalty of temporary absolute 1. The woman must be a virgin
disqualification. (As amended by Batas Pambansa Blg. 2. She must be over 12 years but under 18
92). 3. The taking away must be with her consent, after
solicitation or cajolery from the offender
Art. 341. White slave trade. — The penalty of prision 4. The taking away must be with lewd designs.
mayor in its medium and maximum period shall be
In qualified seduction and consented abduction, acts of Teachers or other persons in any other capacity
lasciviousness in circumstances of seduction: INSTANCES entrusted with the education and guidance of youth,
WHERE VIRGINITY IS AN ELEMENT shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
Note: In consented abduction, sexual intercourse is not an special disqualification.
element, so if after the woman ran away with the man, yet Any person falling within the terms of this article, and
she does not want to have sexual intercourse but the man any other person guilty of corruption of minors for the
forced her and was able to succeed in having sexual benefit of another, shall be punished by special
intercourse, the crime committed is consented abduction disqualification from filling the office of guardian.
with rape.
Title Twelve
Chapter Five CRIMES AGAINST THE CIVIL STATUS OF PERSONS
PROVISIONS RELATIVE TO THE PRECEDING Chapter one
CHAPTERS OF TITLE ELEVEN SIMULATION OF BIRTHS AND USURPATION OF CIVIL
Art. 344. Prosecution of the crimes of adultery, STATUS
concubinage, seduction, abduction, rape and acts of Art. 347. Simulation of births, substitution of one child
lasciviousness. — The crimes of adultery and for another and concealment or abandonment of a
concubinage shall not be prosecuted except upon a legitimate child. — The simulation of births and the
complaint filed by the offended spouse. substitution of one child for another shall be punished
The offended party cannot institute criminal by prision mayor and a fine of notexceeding 1,000
prosecution without including both the guilty parties, if pesos.
they are both alive, nor, in any case, if he shall have The same penalties shall be imposed upon any person
consented or pardoned the offenders. who shall conceal or abandonany legitimate child with
The offenses of seduction, abduction, rape or acts of intent to cause such child to lose its civil status.
lasciviousness, shall not be prosecuted except upon a Any physician or surgeon or public officer who, in
complaint filed by the offended party or her parents, violation of the duties of hisprofession or office, shall
grandparents, or guardian, nor, in any case, if the cooperate in the execution of any of the crimes
offender has been expressly pardoned by the above mentioned in the two next preceding paragraphs, shall
named persons, as the case may be. suffer the penalties therein prescribed and also the
In cases of seduction, abduction, acts of penalty of temporary special disqualification.
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal Three acts punished under Art. 347:
action or remit the penalty already imposed upon him. 1. Simulation of birth
The provisions of this paragraph shall also be 2. Substitution of a child
applicable to the co-principals, accomplices and 3. Concealing or abandoning any legitimate child
accessories after the fact of the above-mentioned with intent to cause such child to lose its civil
crimes. status
Art. 345. Civil liability of persons guilty of crimes Simulation of birth- takes place when the woman pretends
against chastity. — Person guiltyof rape, seduction or to be pregnant when in fact she is not and on the day of the
abduction, shall also be sentenced: delivery, takes the child of another as her own.
1. To indemnify the offended woman.
Sample problem:
Sample problem:
A and B are having sex. B proposed to video their sexual
act to which A consented. There is no crime. However, if B
later on reproduced the video, B is still liable.
Penalty: imprisonment of not less than 3 years but not
more than 7 years AND fine of not less than 100k but not
more than 500k, or both at the discretion of the court.