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Criminal Law 2 Reviewer PDF
Criminal Law 2 Reviewer PDF
Criminal Law 2 Reviewer PDF
An alien owes permanent allegiance to his own The term “enemy” applies only to the subjects of a
country, at the same time, a temporary allegiance to foreign power in a state of hostility with the traitor’s
the country where he resides. Temporary allegiance is country. It does not embrace rebels in insurrection
the obligation of fidelity & obedience which an alien against their own country, for in that case the crime
owes to the government of the country where he would be rebellion.
resides.
The act committed need not actually strengthen the
2. That there is a war in which the Philippines is involved; enemy or be successful. However, the act must be such
Treason is a war crime. It remains dormant until the that it directly and materially tends to improve the
emergency arises. conduct of war of the enemy.
CRIMINAL
LAW
BOOK
TWO
Ways of proving Treason (overt act):
Treason Sedition 1. Testimony of two witnesses, at least, to the same overt
act (two-witness rule); or
Philippines must be at The testimonies must refer to the same act, place and
war with another Internal conflict moment of time.
country. If the overt act is separable, two witnesses must also
Violation of oath of Causing disturbances in testify to each part of the overt act.
allegiance. one’s country. It is sufficient that the witnesses are uniform in their
testimony on the overt act. It is not necessary that there
The purpose of levying Such purpose is not be corroboration between them.
war is to help the necessary. (e.g. civil
enemy. uprising) 2. Confession of guilt by the accused in open court.
“Adherence to enemy”
It means that there is intent to betray. The accused Treason absorbs crimes committed in furtherance
intellectually or emotionally favors the enemy and thereof. Treason cannot be complexed with other
harbors sympathies or convictions disloyal to his crimes.
country’s policy or interest.
Treason is a CONTINUOUS OFFENSE. Treason is of
“Rendering aid or comfort” such nature that it may be committed by one single act,
It means an act which strengthens or tends to by series of acts, or by several series thereof, not only
strengthen the enemy in the conduct of war against the in a single time, but in different times, it being a
traitor’s country or any act which weakens or tends to continuous crime (People vs. Victoria, G.R. No. L-369,
weaken the power of the traitor’s country to resist or to March 13, 1947).
attack the enemy.
Defenses:
Extent of aid or comfort – it must be a deed or physical a. Allowed:
activity and not merely a mental operation such as acts i. Duress and fear of immediate death.
furnishing the enemy with arms, troops, supplies, ii. Obedience to a de facto government (Mere
information, or means of transportation. acceptance of public office and discharge of
official duties under the enemy do not constitute
The extent of aid and comfort given to the enemies per se the felony of treason. BUT when the
must be to render assistance to them as enemies and position is policy-determining, the acceptance of
not merely as individuals and, in addition, be directly in public office and the discharge of official duties
furtherance of the enemies’ hostile designs. constitute treason).
Conspiracy to commit treason But the offender in Article 116 is a principal in the crime of
Committed when in time of war, two or more persons misprision of treason. Misprision of treason is a separate
come to an agreement to levy war against the and distinct offense from the crime of treason.
Government or to adhere to the enemies and to give them
aid or comfort, and decide to commit it (Arts. 8 and 114). ARTICLE 117
ESPIONAGE
Proposal to commit treason Espionage
Committed when in time of war a person who has decided The offense of gathering, transmitting, or losing
to levy war against the Government or to adhere to the information respecting the national defense with intent or
enemies and to give them aid or comfort, proposes its reason to believe that the information is to be used to the
execution to some other person or persons (Arts. 8 and injury of the Republic of the Philippines or to the
114). advantage of a foreign nation.
Intent to gain is The offenders may only Qualified piracy is a SPECIAL COMPLEX CRIME
essential. intend to ignore the punishable by reclusion perpetua to death, regardless of
ship’s officers or they the number of victims.
may be prompted by a
desire to commit Offenders are not liable for the separate crimes of murder,
plunder. homicide, physical injuries, or rape.
The detention is illegal The detention is legal in Exception: There is no expulsion in cases of ejectment,
from the beginning. the beginning but the expropriation or when the penalty of destierro is imposed.
illegality of the detention
starts from the expiration Only the President of the Philippines is authorized to
of any of the periods of deport aliens under the Revised Administrative Code.
time specified in Art.
125, without the person Only the court by a final judgment can order a person to
detained having been change residence.
delivered to the proper
judicial authority SECTION TWO: VIOLATION OF DOMICILE
Silence of the owner of the dwelling before and during the Note: If in searching a house, the public officer destroys
search, without search warrant, by a public officer, may furniture therein without any justification at all, he is
show implied waiver. guilty under Article 129, as having used unnecessary
severity in executing the search warrant.
In the third mode, what is punished is the refusal to leave,
the entry having been made surreptitiously. Search warrant
It is an order in writing issued in the name of the People of
It is believed, however, that if the surreptitious entry had the Philippines, signed by the judge and directed to a
been made through an opening not intended for that peace officer, commanding him to search for personal
purpose, the offender would be liable under the first mode property described therein and bring it before the court.
since it is entry over the implied objection of the (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)
inhabitant.
Requisites for the issuance of search warrant:
Although the Code speaks of the owner of the premises, it A search warrant shall not issue except upon probable
would be sufficient if the inhabitant is the lawful occupant cause in connection with one specific offense to be
using the premises as his dwelling, although he is not the determined personally by the judge after examination
owner thereof. under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
The papers or other effects in the second mode must be place to be searched and the things to be seized which
found in the dwelling (Reyes, 2008, p. 67). may be anywhere in the Philippines (Sec. 4, Rule 126,
Revised Rules of Criminal Procedure).
“Not being authorized by judicial order”
A public officer or employee is authorized by judicial order Test of lack of just cause
when he is armed with a search warrant duly issued by Whether the affidavit filed in support of the application for
the court. Hence, he is not authorized by judicial order search warrant has been drawn in such a manner that
when the public officer has no search warrant. (Reyes, p. perjury could be charged thereon and affiant can be held
66) liable for damages caused.
“Against the will of owner” If the search warrant is secured through a false affidavit,
It presupposes opposition or prohibition by the owner, the crime punished by this article
WHETHER EXPRESS OR IMPLIED, and not merely the
absence of consent. (Reyes, 2008, p. 66) CANNOT be complexed but will be a separate crime from
perjury since the penalty herein provided shall be IN
ARTICLE 129 ADDITION TO the penalty of perjury.
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE A search warrant shall be valid for ten (10) days from its
LEGALLY OBTAINED date.
2. Exceeding his authority or by using unnecessary Instances when a warrantless search and seizure is
severity in executing a search warrant legally procured. valid:
1. Consented searches;
SECTION FOUR: CRIMES AGAINST RELIGIOUS
TITLE THREE: CRIMES AGAINST
WORSHIP PUBLIC ORDER
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That the offender is a public officer or employee; Elements:
2. That religious ceremonies or manifestations of any 1. That there be:
religion are about to take place or are going on; and a. Public uprising; and
3. That the offender prevents or disturbs the same. b. Taking up of arms against the government.
Being a mere assistant to a principal, guilty of rebellion, The offender must be a public officer or employee.
There must be an agreement both to attain an object of Present refers to the time element. It used to be identified
sedition and to rise publicly and tumultuously. with imminent and immediate danger. The danger must
not only be probable but very likely inevitable.
ARTICLE 142
INCITING TO SEDITION Dangerous tendency rule
There is inciting to sedition when the words uttered or
Acts Punished: published could easily produce disaffection among the
1. Inciting others to commit sedition by means of people and a state of feeling in them incompatible with a
speeches, proclamations, writings, emblems, cartoons, disposition to remain loyal to the Government and
banners, or other representations tending to the same obedient to the laws. The dangerous tendency rule is
end; generally adopted in the Philippines.
2. Uttering seditious words or speeches which tend to
disturb the public peace; Reason why seditious utterances are prohibited:
3. Writing, publishing, or circulating scurrilous libels If the State were compelled to wait until the apprehended
against the Government or any of its duly constituted danger became certain, then its right to protect itself
authorities; would come into being simultaneously with the overthrow
4. Knowingly concealing such evil practices. of the Government, when there would be neither
“Knowingly concealing such evil practices” is ordinarily prosecuting officers nor courts for the enforcement of the
an act of the accessory after the fact, but under this law.
provision, the act is treated and punished as that of the
CHAPTER TWO: CRIMES AGAINST
principal. POPULAR REPRESENTATION
(ARTS. 143-145)
Scurrilous
Means low, vulgar, mean, or foul.
SECTION ONE: CRIMES AGAINST LEGISLATIVE
Elements of Act no. 1: BODIES AND SIMILAR BODIES
1. That the offender does not take direct part in the crime
of sedition; ARTICLE 143
2. That he incites others to the accomplishment of any of ACTS TENDING TO PREVENT THE MEETING OF THE
the acts which constitute sedition; and ASSEMBLY AND SIMILAR BODIES
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or Elements:
other representations tending to the same end. 1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
Acts nos. 2 & 3 punishable when: constitutional commissions or committees or divisions
1. They tend to disturb or obstruct any lawful officer in thereof, or of any provincial board or city or municipal
executing the functions of his office; council or board;
2. They tend to instigate others to cabal and meet together 2. That the offender, who may be any person, prevents
for unlawful purposes; such meeting by force or fraud.
3. They suggest or incite rebellious conspiracies or riots;
or Force referred to here is one that produces an injury on
4. They lead or tend to stir up the people against the lawful the person of another, and fraud involves falsification.
authorities or disturb the peace of the community, and Thus, physical injuries and falsification will be complexed
the safety and order of the Government. as a necessary means to commit this crime.
ARTICLE 147
Requisites: ILLEGAL ASSOCIATIONS
a. That there is a meeting, gathering or group of
persons, whether in a fixed place or moving; Prohibited associations:
b. That the meeting is attended by armed persons; and Associations totally or partially organized for:
c. That the purpose of the meeting is to commit any of 1. The purpose of committing any of the crimes punishable
the crimes punishable under the RPC. under the RPC, or
2. Some purpose contrary to public morals.
Not all the persons present at the meeting of the first
form of illegal assembly must be armed. It is sufficient Public morals – refer to matters which affect the interest
that at least 2 persons are armed. of society and public convenience and is not limited to
good customs.
If none of the persons present in the meeting are
armed, there is no crime of Illegal Assembly. Persons liable:
1. Founders, directors, and president of the association.
2. Any meeting in which the audience, whether armed or 2. Members of the association.
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a Illegal Assembly Illegal Association
person in authority or his agent.
It is necessary that there It is not necessary that
Requisites: is an actual meeting or there is an actual
a. That there is a meeting, a gathering or group of assembly of armed meeting.
persons, whether in a fixed place or moving; and persons for the purpose
b. That the audience, whether armed or not, is incited specified in Art. 146.
to the commission of the crime of treason, rebellion
It is the meeting and It is the act of forming or
or insurrection, sedition or direct assault.
attendance at such organizing and
meeting that are membership in the
It is necessary that the audience is actually incited. If in
punished. association that are
the meeting the audience is incited to the commission of
punished.
rebellion or sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards the organizers or leaders or The persons liable are: The persons liable are:
persons merely present and INCITING TO REBELLION 1. The organizers or 1. The founders,
OR SEDITION insofar as the one inciting them is leaders of the directors and
concerned. meetings; and president; and
2. The persons 2. The members.
Persons liable in illegal assemblies: present at the
1. The organizers or leaders of the meeting; meeting.
2. Persons merely present at the meeting.
Organized for temporary More or less of some
Presumptions: purposes. duration and existence.
If any person carries an unlicensed firearm, it is presumed Held in connection with Even acts contrary to
that: crimes punishable under public morals are
1. The purpose of the meeting insofar as he is concerned the RPC. included, thus may
is to commit acts punishable under the RPC; and include crimes
2. He is considered a leader or organizer of the meeting. punishable by special
The law does NOT distinguish whether or not the laws.
firearms are licensed or unlicensed. It only gives a
presumption if the firearm used is unlicensed.
A barangay chairman shall be deemed a PA. However, it is important to determine whether the
victim is a PA or APA.
A barrio councilman, barrio policeman and barangay Where the force employed on the agent of a person
leader shall be deemed an APA. in authority is of a serious character, including
determination to defy the law and its
Teachers, professors, and persons in charge with the representative, the crime committed is direct
supervision of public or duly recognized private schools, assault.
colleges and universities, and lawyers in the actual
performance of their professional duties or on the If the victim is a PA, the degree of force employed
occasion of such performance shall be deemed persons in against him is immaterial as the mere laying of
authority, in applying Arts. 148 and 151. hands on him is sufficient (U.S. vs Gumban, G.R.
No. L-13658, November 9, 1918).
“Directly vested with jurisdiction”
Means the power or authority to govern and execute the If the victim is an APA, the violence, intimidation, or
laws. (Reyes 2008., p. 137) resistance employed by the offender must be
serious (U.S. vs Tabiana, G.R. No. L-11847
ARTICLE 148 February 1, 1918).
DIRECT ASSAULT
iii. Makes a serious intimidation (unlawful coercion,
Two ways to commit: duress, putting someone in fear, exertion of an
1. Without public uprising, by employing force or influence in the mind which must be both
intimidation for the attainment of any of the purposes immediate and serious); or
The testimony of a person summoned must be upon In the crime of resistance and disobedience the offender
matters into which the legislature has jurisdiction to must have knowledge that the person arresting is a PA or
inquire. APA.
It is tumultuous if caused by more than three persons who Note: Actual public disorder or actual damage to the
are armed or provided with the means of violence. credit of the State is not necessary. The mere possibility
However, this is only a presumption juris tantum, hence if of causing such damage is sufficient.
the disturbance is in fact tumultuous it is immaterial that
there are no such armed persons. Conversely if the R.A. No. 248 prohibits the reprinting, reproduction or
gathering is not in fact tumultuous, it does not matter if republication of government publications and official
there are such armed persons present on that occasion. documents without previous authority.
If the act of disturbing or interrupting a meeting or religious If the printer/owner of the printing establishment took
ceremony is not committed by public officers, or if part in the preparation and publication of the libelous
committed by public officers they are participants therein, writings he shall be liable under Art. 360.
3. Disturbing the public peace while wandering about at If the delivery of the prisoner was committed through
night or while engaged in any other nocturnal bribery:
amusements. a. The BRIBER commits corruption of a public officer
(Art. 212) and delivering prisoners from jail.
4. Causing any disturbance or scandal in public places b. The JAILER, if a public officer, commits infidelity in
while intoxicated or otherwise, provided Art. 153 is not the custody of prisoners (Art. 223) and bribery (Art.
applicable. 210).
c. The PRISONER commits evasion of service of
If the disturbance is of a serious nature, the case will fall sentence (Art. 157) if he is already convicted by final
under Art. 153. judgment.
Violation of conditional pardon is a distinct crime. (This TITLE FOUR: CRIMES AGAINST
is according to Reyes);
PUBLIC INTEREST
CHAPTER SEVEN: COMMISSION OF
According to Regalado, however, there are actually ANOTHER CRIME DURING SERVICE OF
two views: PENALTY IMPOSED FOR ANOTHER
a. One is expressed in People v. Jose (75 Phil. 612) PREVIOUS OFFENSE
which states that it is not a distinct crime, since the
penalty is only the recommitment of the convict to
serve the portion of the sentence remitted by the ARTICLE 160
pardon; hence it is only a continuation of the original COMMISSION OF ANOTHER CRIME DURING THE
case. SERVICE OF PENALTY IMPOSED FOR ANOTHER
b. The other view which is the more logical one is PREVIOUS OFFENSE (QUASI-RECIDIVISM)
expressed in People v. Martin (68 Phil. 122) which
states that since the code imposes a specific penalty Elements:
of prision correccional in its minimum period if the 1. That the offender was already convicted by final
unserved portion is less than six years, it is therefore judgment of one offense;
a distinct crime. 2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
A conditional pardon is a contract between the Chief
Executive who grants the pardon and the convict who A quasi-recidivist can be pardoned:
accepts it. 1. At the age of 70, if he shall have already served out his
original sentence (and not a habitual criminal); or
Offender can be arrested and reincarcerated without 2. When he shall have completed it after reaching the
trial – in accordance with Sec. 64(I) of the Revised said age, unless by reason of his conduct or other
Administrative Code. circumstances, he shall not be worthy of such
clemency.
The condition imposed upon the prisoner that he
should not commit another crime, extends to offenses In reiteracion, the offender against whom it is
punishable by special laws. considered shall already have served out his sentence
for the prior offenses.
Offender must be found guilty of the subsequent
offense before he can be prosecuted under Art 159. Quasi-recidivism is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by ordinary
The court cannot require the convict to serve the mitigating circumstances.
unexpired portion of the original sentence if it does not
exceed six years, the remedy is left to the President First crime for which the offender is serving sentence
who has the authority to recommit him to serve the need not be a felony; but the second crime must be a
unexpired portion of his original sentence. felony.
The period when convict was at liberty is not deducted The word ‘another’ in Article 160 does not mean that
in case he is recommitted. the new felony which is committed by a person already
serving sentence is different from the crime for which
Violation of Evasion of Service of he is serving sentence.
Conditional Pardon Sentence
Only considered as final judgment when the accused
Infringes the terms of the Defeats the purpose of does not appeal anymore.
contract. the law.
Does not affect public Disturbs public order. Quasi-recidivism does not require that the offense for
order. which the convict is serving and the new felony
committed be embraced in the same title of the RPC.
While in recidivism, both the first and the second
offenses must be embraced in the same title of the
RPC.
The possession prohibited in Art. 165 is possession in The Code punishes forging or falsification of bank notes
general, that is, not only actual, physical possession but and of documents of credit payable to bearer and
also constructive possession or the subjection of the issued by the State more severely than counterfeiting of
thing to one’s control, otherwise offenders could easily coins because the first tends to bring such documents
evade the law by the mere expedient of placing other into discredit and produces a lack of confidence on the
persons in actual, physical possession of the thing part of the holders of the said documents to the
although retaining constructive possession or actual prejudice of the interests of the society and the State.
control thereof (People vs. Andrada, 11 C.A. Rep. 147). Moreover, it is easier to forge or falsify such certificates,
notes, etc. and the profit derived therefrom is greater
Actually uttering false or mutilated coin, knowing it to be and the incentive for its commission is more powerful.
false or mutilated, is a crime under Art. 165, even if the (U.S. vs. Gardner 3 Phil 403)
offender was not in connivance with the counterfeiter or
mutilator. The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
SECTION THREE: FORGING TREASURY OR BANK falsification of commercial documents under Art 172 in
NOTES, OBLIGATIONS AND SECURITIES; connection with Art. 171 of the Code.
IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIES ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
ARTICLE 166 INSTRUMENTS NOT
FORGING TREASURY OR BANK NOTES OR OTHER PAYABLE TO BEARER
DOCUMENTS PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME Elements:
1. That there be an instrument payable to order or other
Acts punished: document of credit NOT payable to bearer;
1. Forging or falsification of treasury or bank notes or other 2. That the offender either forged, imported or uttered
documents payable to bearer; such instrument; and
3. That in case of uttering, he connived with the importer
or forger.
The phrase “or similar circumstances” in Art. 174 does not SECTION ONE: USURPATION OF AUTHORITY, RANK,
seem to cover property, because the circumstance TITLE AND IMPROPER USE OF NAMES, UNIFORMS
contemplated must be similar to “merit,” “service,” or AND INSIGNIA
“good conduct.”
ARTICLE 177
ARTICLE 175 USURPATION OF AUTHORITY
USING FALSE CERTIFICATES OR OFFICIAL FUNCTIONS
False testimony is punished not because of the effect it Falsely testifying under oath must NOT be in a judicial
actually produces but because of its tendency to favor or proceeding.
to prejudice the defendant.
Testimony must be complete.
A defendant who falsely testifies in his own behalf in a
criminal case can only be guilty of Art. 181 when he Elements:
voluntarily goes upon the witness stand and falsely 1. That the accused made a statement under oath or
imputes to some other person the commission of a grave executed an affidavit upon a material matter;
offense. If he merely denies the commission of the crime 2. That the statement or affidavit was made before a
or his participation therein, he should not be prosecuted competent officer authorized to receive and administer
for false testimony (U.S. vs. Soliman, G.R. No. L-11555, oath;
January 6, 1917). 3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
Testimony must be complete. Rectification made 4. That the sworn statement or affidavit containing the
spontaneously after realizing the mistake is not false falsity is required by law.
testimony.
Note: However, in People v. Angangco (G.R. No. L-
ARTICLE 182 47693, Oct.12, 1943), the SC held that the statement
FALSE TESTIMONY IN need not be required but that it was sufficient if it was
CIVIL CASES AUTHORIZED by law to be made.
The person liable is the: Art. 187 does not apply to the manufacturer of misbranded
a. Manufacturer, articles. The manufacturer is liable for Estafa under Art.
b. Producer, 315 subdivision 2(b) of the RPC.
c. Processor, or
d. Importer of any merchandise or object of commerce. Note: Arts. 188 and 189 have been REPEALED by the
Intellectual Property Code.
The crime is committed by (1) combining, (2)
conspiring, or (3) agreeing with any person. REPUBLIC ACT NO. 8293
Intellectual Property Code
The purpose is (1) to make transactions prejudicial to
lawful commerce, or (2) to increase the market price of Intellectual Property Rights consists of:
any merchandise or object of commerce manufactured, 1. Copyright and Related Rights;
produced, processed, assembled or imported into the 2. Trademarks and Service Marks;
Philippines. 3. Geographic Indications;
4. Industrial Designs;
Mere conspiracy or combination is punished. 5. Patents;
6. Layout-Designs (Topographies) of Integrated Circuits;
If the offense affects any food substance or other and
particles of prime necessity, it is sufficient that initial 7. Protection of Undisclosed Information
steps are taken.
Technology transfer arrangements
When offense is committed by a corporation or Contracts or agreements involving the transfer of
association, the president and directors or managers systematic knowledge for the manufacture of a product,
are liable when they (1) knowingly permitted or (2) failed the application of a process, or rendering of a service
to prevent the commission of such offenses. including management contracts; and the transfer,
assignment or licensing of all forms of intellectual property
rights, including licensing of computer software except
SECTION TWO: FRAUDS IN COMMERCE AND computer software developed for mass market.
INDUSTRY
ARTICLE 187 Criminal action for repetition of infringement
IMPORTATION AND DISPOSITION OF FALSELY If infringement is repeated by the infringer or by anyone in
MARKED ARTICLES OR MERCHANDISE MADE OF connivance with him after finality of the judgment of the
The testing requirement is no longer required for those The violator must be aware of the nature of the place as
charged before the prosecutor’s office. The Court held such, and in case of the visitor, he must also knowingly
that such testing is unconstitutional as it effectively singles visit the same.
out its subject and seeks to violate his rights against self-
incrimination and privacy. A person accused of an offense 5. Manufacture of dangerous drugs and/or controlled
does not consent to such testing and neither does he precursors and essential chemicals (Section 8).
waive his right to privacy simply by being a person 6. Illegal chemical diversion of controlled precursors and
accused of a crime (SJS v. DDB and PDEA, G.R. No. essential chemicals (Section 9).
157870, November 3, 2008). 7. Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
Those found to be positive for dangerous drugs shall be and/or controlled precursors essential chemicals (Sec.
subjected to the provisions of Sec. 15 (Use of Dangerous 10).
Drugs), which involves rehabilitation for a minimum period 8. Possession of dangerous drugs (Sec. 11).
of 6 months for the first offense, or imprisonment of 6 to Elements
12 years for the second offense. a. Unauthorized;
b. Either actual or constructive;
Acts Punished: c. Irrespective of its quantity; and
(For table of acts punished see Annex J) d. With intent to possess or with full knowledge that
1. Importation of dangerous drugs and/or controlled what was possessed was any of the prohibited
precursors and essential chemicals (Section 4). drugs.
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs 9. Possession of equipment, instrument, apparatus and
and/or controlled precursors and essential chemicals other paraphernalia for dangerous drugs (Sec. 12).
(Section 5).
The possession of such equipment, instrument,
In order to sustain a conviction for selling prohibited apparatus and other paraphernalia fit or intended for
drugs, the element of sale must be unequivocally any of the purposes enumerated in the preceding
Effect of termination of immunity: (Sec. 34) Notwithstanding any law, rule and regulation to the
The immunity shall cease and the witness shall be contrary, any person determined and found to be
prosecuted or cited for contempt. dependent on dangerous drugs shall, upon petition by the
Board or any of its authorized representative, be confined
Voluntary submission of a drug dependent to for treatment and rehabilitation in any Center duly
confinement, treatment and rehabilitation (Sec. 54) designated or accredited for the purpose.
The drug dependent may, by himself/herself or through Such petition may be filed by any person authorized by
his/her parent, spouse, guardian or relative within the 4th the Board with the RTC of the province or city where such
degree of consanguinity or affinity, apply to the Board or person is found.
its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Prescription of the offense charged against a drug
dependent under the Compulsory Submission
Upon such application, the Board shall bring forth the Program (Sec. 63)
matter to the Court which shall order that the applicant be
examined for drug dependency. It will not run during the time that the drug dependent is
1. If positive: under confinement in a Center or otherwise under the
a. The court shall issue an order for rehabilitation and treatment and rehabilitation program approved by the
treatment to a center for not less than 6 months; or Board.
b. May be placed in the care of DOH accredited
physician if there is no near or accessible center; OR Suspension of Sentence of a First-Time Minor
when the drug dependent is under 18 years old, and Offender (Sec. 66)
first time offender, and non-confinement in a center
will not pose a serious danger to his/ her family or Accused: over 15 years old at the time of violation of Sec.
community. 11 of this Act but not more than 18 years old at the time
when the judgment should have been promulgated after
Confinement in a center shall not exceed 1 year, after having been found guilty of said offense. Suspension may
which time the Court, as well as the Board, shall be be given subject to the following conditions:
apprised by the head of the treatment and 1. Has not been previously convicted of violating any
rehabilitation center of the status of said drug provision of CDDA of 2002, DDA of 1972, RPC, or any
dependent and determine whether further special penal laws;
confinement will be for the welfare of the drug 2. Has not been previously committed to a Center or to
dependent and his/her family or community. the care of a DOH-accredited physician; and
3. Board favorably recommends it.
Exemption from the Criminal Liability under the
Voluntary Submission Program (Sec. 55): However, Sec. 38 of R.A. No. 9344( Juvenile Justice and
Requisites: Welfare Act) provides for the AUTOMATIC SUSPENSION
1. He/she has complied with the rules and regulations of of sentence of a child in conflict with the law, even if
the center, the applicable rules and regulations of the he/she is already 18 years of age or more at the time
Board, including the after-care and follow-up program he/she is found guilty of the offense charged. It reads:
for at least 18 months following temporary discharge
from confinement in the Center. Sec. 38. Automatic Suspension of Sentence. – Once the
2. He/she has never been charged or convicted under this child who is under eighteen (18) years of age at the time
Act. of the commission of the offense is found guilty of the
3. He/she has no record of escape from a center. offense charged, the court shall determine and ascertain
4. He/she poses no serious danger to himself/herself, any civil liability which may have resulted from the offense
his/her family or the community by his/her exemption committed. However, instead of pronouncing the judgment
from criminal liability. of conviction, the court shall place the child in conflict with
the law under suspended sentence, without need of
application: Provided, however, That suspension of
If the first time minor offender under suspended sentence TITLE SIX: CRIMES AGAINST PUBLIC
complies with the rules and regulations of the Board, the MORALS
court, upon recommendation of the Board, shall discharge
the accused and dismiss all proceedings. CHAPTER ONE: GAMBLING AND
BETTING (ARTS. 195-199)
The minor shall not thereafter be held guilty of perjury or
of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related Arts. 195-199 and provisions of PD 483 and 449 are
thereto in response to any inquiry made of him for any repealed insofar as they are inconsistent with PD 1602,
purpose. which provides for stiffer penalties for violation of the
Gambling Laws.
The privilege of suspended sentence shall be availed of
only ONCE by an accused drug dependent who is a first- Gambling
time offender over fifteen (15) years of age at the time of Is any game or scheme, whether upon chance or skill,
the commission of the violation of Section 15 (Use of wherein wagers consisting of money, articles of value or
Dangerous Drugs) but not more than eighteen (18) years representative of value are at stake or made.
of age at the time when judgment should be promulgated 1. Any person taking part, directly or indirectly in any
(Sec. 68). illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include
Dangerous Drugs Board and Philippine Drug bookie operations and game fixing, numbers, bingo and
Enforcement Agency (Article IX) other forms of lotteries; cara y cruz, pompiang and the
Elements: Lottery
a.That a gambling game was carried on in an It is a scheme for the distribution of prizes by chance
inhabited or uninhabited place or in any building, among persons who have paid, or agreed to pay, a
vessel or other means of transportation; valuable consideration for the chance to obtain a prize
b. That the place, building, vessel or other means of (U.S. v. Filart, G.R. No. L-10263, May 13, 1915).
transportation is owned or controlled by the
offender; and Elements of lottery:
c. That the offender permitted the carrying on of such 1. Consideration;
game, knowing that it is a gambling game. 2. Chance;
3. Any person knowingly permitting any form of gambling 3. Prize or some advantage or inequality in amount or
to be carried on in a place which has a reputation of a value which is in the nature of a prize.
gambling place or where prohibited gambling is
frequently carried on therein, or in a public or There is no lottery when there is full value for money and
government building or barangay hall; the prize is merely incidental (Reyes, p. 343).
4. The maintainer or conductor of the above gambling
schemes. ARTICLE 196
Maintainer IMPORTATION SALE AND POSSESSION OF
It is the person who sets up and furnishes the means LOTTERY TICKETS OR ADVERTISEMENTS
with which to carry on the gambling game or scheme.
Acts punished relative to lottery tickets or
Conductor advertisements:
It is the person who manages or carries on the 1. By importing into the Philippines from any foreign place
gambling game or scheme. or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance with
5. A government official who is a maintainer, conductor or the importer.
banker of the gambling schemes, or the player, 3. By possessing, knowingly and with intent to use, lottery
promoter, referee, umpire, judge or coach in case of tickets or advertisements.
game fixing, point shaving and other machinations. 4. By selling or distributing the same without connivance
6. Any person who knowingly and without lawful purpose with the importer.
in any hour of any day, possesses any lottery list, paper
or other matter containing letters, figures, signs or The possession of any lottery ticket or advertisement is
symbols pertaining to or in any manner used in the prima facie evidence of an intent to sell, distribute or use
games of jueteng, jai alai or horse racing bookies and the same.
similar games of lotteries and numbers which have
taken place or about to take place. PRESIDENTIAL DECREE NO. 483
ARTICLE 201
ARTICLE 200 IMMORAL DOCTRINES, OBSCENE
GRAVE SCANDAL PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Elements:
1. That the offender performs an act or acts; Persons Liable:
2. That such act or acts be highly scandalous as 1. Those who shall publicly expound or proclaim doctrines
offending against decency or good customs; openly contrary to public morals.
3. That the highly scandalous conduct is not expressly 2. The authors of obscene literature, published with their
falling within any article of the RPC; and knowledge in any form; the editors publishing such
4. That the act or acts complained of be committed in a literature; and the owners/operators of the
public place or within the public knowledge or view. establishment selling the same.
The term “public officers” embraces every public servant There is no liability at all for a mere error in good faith.
from the highest to the lowest. For the purposes of the
RPC, it obliterates the standard distinction in the law of There must be evidence that the judgment is unjust for it
public officers between “officer” and “employee.” cannot be presumed and the judge knew that the
judgment is unjust. The Supreme Court must have
Temporary performance of public functions by a laborer declared the judgment as unjust in a certiorari, prohibition,
makes him a public officer. or administrative proceeding.
CHAPTER TWO: MALFEASANCE AND Art. 204 has no application to members of a collegiate
MISFEASANCE IN OFFICE court who reach their conclusions in consultation and
(ARTS. 204-212) accordingly render their collective judgment after due
deliberation (In Re: Laureta, G.R. No. 68635, May 14,
SECTION ONE: DERELICTION OF DUTY 1987).
Test: Does it leave something to be done in the trial court The guilt of the offender is a prejudicial question to the
with respect to the merits of the case? If it does, it is liability of the officer charged under this provision.
interlocutory; if it does not, it is final.
Who Can Be Offenders in Art. 208?
Example: An order granting preliminary injunction or an 1. Public officer
order appointing a receiver is an interlocutory order. Officers of the prosecution department, whose duty is to
institute criminal proceedings for felonies upon being
ARTICLE 207 informed of their perpetration.
MALICIOUS DELAY IN THE ADMINISTRATION OF
JUSTICE 2. Officer of the law
Includes all those who, by reason of the position held by
Elements: them, are duty-bound to cause prosecution and
1. That the offender is a judge; punishment of offenders.
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and The fiscal or the city attorney, as prosecuting officer, is
4. That the delay is malicious, that is, the delay is caused under no compulsion to file the corresponding information
by the judge with deliberate intent to inflict damage on based upon as complaint, where he is not convinced that
either party in the case. the evidence gathered or presented would warrant the
filing of an action in court.
Mere delay without malice is NOT a felony under this
article. Liability of public officer who, having the duty of
prosecuting the offender, harbored, concealed, or
If the delay is NOT malicious, but committed through assisted in the escape of the latter, is that of the principal
gross negligence, the crime committed is that under RA in the crime of dereliction of duty in the prosecution of
3019, Sec. 3(e). offense.
The acceptance of the offer or promise is enough to For the purpose of punishing bribery, the temporary
consummate the crime. Absent such acceptance, only performance of public functions is sufficient to constitute a
the person making the offer or promise is liable for person a public officer.
Attempted Corruption of a Public Officer.
The thing offered or accepted may be money, property,
2. By accepting a gift in consideration of the execution of services or anything else of value. It must have a value or
an act which does not constitute a crime, in connection be capable of pecuniary estimation (Reyes, p. 387).
with the performance of his official duty.
ARTICLE 211
The gift must be accepted by the public officer. It may INDIRECT BRIBERY
be received by the public officer himself or through a
third person. Elements:
1. That the offender is a public officer;
If the offer is not accepted by the public officer, only the 2. That he accepts gifts; and
person offering the gift or present is criminally liable for 3. That the said gifts are offered to him by reason of his
attempted corruption of public officer under Article 212 office.
in relation to Article 6. The public officer is not liable.
Direct Bribery Indirect Bribery
The act must be unjust.
As to consideration
3. By agreeing to refrain, or by refraining, from doing In both crimes the public officer receives gift.
something which it is his official duty to do, in
consideration of a gift or promise. As to existence of agreement
There is an agreement No such agreement
The third form of direct bribery differs from between the public exists.
prevaricacion (Art. 208) in that in bribery, the offender officer and the giver of
refrained from doing his official duty in consideration of gift or present.
a gift received or promised. This element is not
necessary in the crime of prevaricacion.
It is considered indirect bribery even if there was a sort of This article is concerned with the liability of the person
an agreement between public officer and giver of gift. who shall have made the offers or promises or given the
gifts to the public officer.
Receiving of gifts by public officials and employees, and
giving of gifts by private persons, on any occasion, The crime is attempted if the offer, promise, gift or present
including Christmas is punishable. was refused and consummated if accepted.
This immunity may be enjoyed by such informant or Section 3. Corrupt Practices of Public Officials:
witness notwithstanding that he offered or gave the bribe The corrupt practices herein enumerated are in addition to
or gift to the public official or is an accomplice for such gift acts or omissions of public officers already penalized by
or bribe-giving. Provided, the following conditions concur: existing law.
1. The information must refer to consummated violations 1. Persuading, inducing or influencing another public
of any of the above-mentioned provisions of law, rules officer to perform an act constituting a violation of rules
and regulations; and regulations duly promulgated by competent
2. The information and testimony are necessary for the authority or an offense in connection with the official
conviction of the accused public officer; duties of the latter, or allowing himself to be persuaded,
3. Such information and testimony are not yet in the induced, or influenced to commit such violation or
possession of the State; offense.
4. Such information and testimony can be corroborated on
its material points; and Persons Liable:
5. The informant or witness has not been previously a. Public officer who persuades, induces, or influences
convicted of a crime involving moral turpitude (Sec1). another public officer.
b. Public officer who is persuaded, induced or
REPUBLIC ACT NO. 3019 influenced.
As amended by
RA 3047, PD 77, & BP 195 Requesting or receiving any gift, present, or benefit is
Anti-Graft and Corrupt Practices Act not required in this provision (Reyes, p.399).
Interest for personal gain shall be presumed against Exceptions to the provisions:
those public officers responsible for the approval of a. Any person who, prior to the assumption of office of any
manifestly unlawful, inequitable, or irregular of those officials to whom he is related, has been
transactions or acts by the board, panel or group to already dealing with the government along the same
which they belong. line of business, nor to any transaction, contract or
application already existing or pending at the time of
10. Knowingly approving or granting any license, permit, such assumption of public office.
privilege or benefit in favor of any person not qualified b. Any application filed by him, the approval of which is not
for or not legally entitled to such license, permit, discretionary on the part of the official or officials
privilege or advantage, or of a mere representative or concerned but depends upon compliance with the
dummy of one who is not qualified or entitled. requisites provided by law, or rules or regulations
issued pursuant to law.
Requesting or receiving any gift, present or benefit is c. Any act lawfully performed in an official capacity or in
not required in this provision. the exercise of a profession.
2. Knowingly inducing or causing any public official to Section 11. Prescription of offenses
commit any of the offenses defined in Section 3. 15 years – prescriptive period of all offenses under the
Act.
Section 5. Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity, Section 12. Termination of office
within the 3RD CIVIL DEGREE, of the President, the Vice- No public officer is allowed to resign or retire:
It is mandatory for the Court to place under preventive Section 2. Definition of the Crime of Plunder;
suspension a public officer accused before it. Imposition Penalties
of suspension, however, is not automatic or self-operative. Plunder
A pre-condition is the existence of a valid information, A crime committed by any public officer, by himself or in
determined at a pre-suspension hearing. Once a proper connivance with his family, relatives by affinity or
determination of the validity of the information has been consanguinity, business associates, subordinates or other
made, it becomes the ministerial duty of the Court to issue persons, by amassing, accumulating or acquiring ill-gotten
the order of preventive suspension. (Segovia v. wealth in the aggregate amount or total value of at least
Sandiganbayan, G.R. No. 124067, March 27, 1998) 50 million pesos.
CHAPTER FOUR: MALVERSATION OF Nature of the duties of the public officer, not the name of
PUBLIC FUNDS OR PROPERTY the office, is controlling.
(ARTS. 217-222)
Malversation may be committed by private individuals
ARTICLE 217 in the following cases:
MALVERSATION OF PUBLIC FUNDS OR PROPERTY 1. Those in conspiracy with public officers guilty of
— PRESUMPTION OF MALVERSATION malversation.
2. Those who are accessory or accomplice to a public
Malversation is also called embezzlement (Reyes, The officer.
The return of the funds malversed is only mitigating, not Demand for accounting is NOT necessary.
exempting circumstance.
It is NOT necessary that there be misappropriation. If
Demand is NOT necessary in malversation. Damage to there is misappropriation, he would be liable also for
the government is also not necessary. malversation under Art. 217.
The failure of a public officer to have duly forthcoming any ARTICLE 220
public funds or property with which he is chargeable, upon ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
demand by any duly authorized officer, shall be prima
facie evidence that he has put such missing funds or Elements:
property to personal uses. 1. That the offender is a public officer;
2. That there is a public fund or property under his
Direct Evidence Not Required in Malversation administration;
Direct evidence is not necessary to prove malversation 3. That such public fund or property has been
because the law presumes that malversation was appropriated by law or ordinance; and
committed when after there has been complete, thorough 4. That he applies the same to a public use other than
and reliable audit, there is a discrepancy in the funds or that for which such fund or property has been
property. As such, when the officer cannot overthrow the appropriated by law or ordinance.
presumption in law, he may be held liable for malversation
It is NOT necessary that damage is suffered by the private There must be damage to the public interest or to a third
individual. The reason for this provision is to uphold faith party.
and trust in public service.
If the offender is a private individual, he may be held liable
for contempt.
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS ARTICLE 234
(ARTS. 231-245) REFUSAL TO DISCHARGE ELECTIVE OFFICE
The offense is committed by “nominating” or by Proof of solicitation is NOT necessary when there is
“appointing.” “Nominate” is different from “recommend.” sexual intercourse.
Recommending, knowing that the recommendee has no
qualification, is not a crime. Note: See also RA 7877, the “Anti-Sexual Harassment
Act of 1995” which applies where the accused demands,
TITLE EIGHT: CRIMES AGAINST However with respect to the other ascendant, descendant
or spouse, the relationship MUST be legitimate.
PERSONS
An adopted child is considered as a legitimate child BUT
SECTION ONE: PARRICIDE, MURDER, HOMICIDE since the relationship is exclusive between the adopter
and the adopted child, killing the parents of the adopter is
ARTICLE 246 not considered parricide of “other (legitimate)
PARRICIDE ascendants”.
No liability for less serious or slight physical injuries Outraging (physical act)
suffered by third persons during the commission of the act Means to commit an extremely vicious or deeply insulting
under this article act.
There is no such crime as frustrated homicide through When the quarrel is between a distinct group of
imprudence. individuals, one of whom was sufficiently identified as the
principal author of the killing, as against a common,
ARTICLE 250 particular victim, it is not a "tumultuous affray" within the
PENALTY FOR FRUSTRATED PARRICIDE, MURDER, meaning of Art. 251 of the RPC (People vs. Unlagada,
OR HOMICIDE G.R. No. 141080, September 17, 2002). In such a case,
the crime committed is homicide under Art. 249.
Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide. The victim may be a participant or non-participant thereof.
Courts may impose a penalty three degrees lower for ARTICLE 252
attempted parricide, murder or homicide. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
This provision is permissive, NOT MANDATORY.
Elements:
An attempt on or conspiracy against the life of the Chief 1. That there is a tumultuous affray as referred to in Art.
Executive, member of his family, any member of his 251;
cabinet or members of latter’s family is punishable by 2. That a participant or some participants thereof suffer
death (PD 1110-A). serious physical injuries or physical injuries of a less
serious nature only;
ARTICLE 251 3. That the person responsible therefor cannot be
DEATH CAUSED IN A TUMULTUOUS AFFRAY identified; and
4. That all those who appear to have used violence upon
Elements: the person of the offended party are known.
1. That there be several persons;
2. That they did not compose groups organized for the Injured/victim must be a participant in the affray.
Only those who used violence are punished, because if The crime is discharge of firearm even if the gun was not
the one who caused the physical injuries is known, he will pointed at the offended party when it was fired, as long as
be liable for the physical injuries actually committed, and it was initially aimed by the accused at or against the
not under this article. offended party.
ARTICLE 253 If the firearm was not aimed against or at another person,
GIVING ASSISTANCE TO SUICIDE the crime committed is alarms and scandals.
A doctor who resorted to euthanasia may be held liable for No crime of infanticide is committed if the child has been
murder under Art. 248 since euthanasia is not giving dead or if, although born alive, it could not sustain an
assistance to suicide BUT doing the killing himself. independent life when it was killed.
In euthanasia, the person killed does not want to die. Father or mother or other legitimate ascendant who kills a
child less than three days old shall suffer the penalty for
ARTICLE 254 parricide.
DISCHARGE OF FIREARMS
Other person who kills or who cooperates with the mother
Elements: or maternal grandparent in killing a child less than three
1. That the offender discharges a firearm against or at days old will suffer the penalty for murder.
another person; and
2. That the offender has no intention to kill that person. Only the mother and the maternal grandparents of the
child are entitled to the mitigating circumstance of
It is not applicable to police officers in the performance of concealing the dishonor.
their duties.
The delinquent mother who claims concealing dishonor
The PURPOSE of the offender is only to intimidate or must be of good reputation and good morals.
frighten the offended party.
Treachery is inherent in infanticide.
If in the discharge of firearm, the offended party is hit and
wounded, there is a complex crime of discharge of firearm
with serious or less serious physical injuries; BUT if only
slight physical injuries were inflicted, there is no complex
crime (BUT two separate crimes) since such physical
injuries constitutes a light felony.
Note: Intentionally depriving the victim of the Loss of power to hear must be of both ears; if one ear
reproductive organ does not necessarily involve the only, such injury falls under paragraph
cutting off of the organ or any part thereof. It suffices
that it is rendered useless. Loss of use of hand or incapacity for usual work must
be permanent.
2. By intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the 3. When the person injured –
offended party, other than the essential organ for a. Becomes deformed, or
reproduction, to deprive him of that part of the body b. Loses any other member of his body, or
(mayhem). c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of
The law looks NOT only to the result but also to the the work in which he was habitually engaged for
intention or purpose of the act. Mutilation is always more than 90 days, in consequence of the physical
intentional. injuries inflicted.
The intention of the offender to deprive the victim of In paragraphs 2 and 3, the offended party must have a
the body part whether by castration or mayhem is vocation or work at the time of the injury.
essential and must thus exist in either case.
4. When the injured person becomes ill or incapacitated
Cruelty, as understood in Art 14 (21), is inherent in for labor for more than 30 days (but must not be more
mutilation and, in fact, that is the only felony where the than 90 days), as a result of the physical injuries
said circumstance is an integral part and is absorbed inflicted.
therein. If the victim dies, the crime is murder qualified 30 days < X ≤ 90 days
by cruelty, but the offender may still claim and prove
Work If the accused did not know of the injurious nature of the
Includes studies or preparation for a profession. substances he administered, he shall not be liable under
this Aricle.
Requisites of deformity: Art. 264 does not apply when the physical injuries that
1. Physical ugliness; result are less serious or light, they will be treated under
2. Permanent and definite abnormality; and Art. 265 or 266, as the case may be.
3. Must be conspicuous and visible.
ARTICLE 265
The injury to cause deformity is one that cannot be LESS SERIOUS PHYSICAL INJURIES
replaced by nature.
Elements:
1. The offended party is incapacitated for labor for 10
2. By any person who, under any of the circumstances In Statutory Rape (when the girl is under 12 years of age),
mentioned in paragraph 1, shall commit an act of the offender’s knowledge of the victim’s age is
sexual assault by inserting his penis into another IMMATERIAL.
person’s mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another When the girl is under 12 years of age, rape is committed
person. although she consented to the sexual act or even if the
girl is a prostitute. The law does not consider that kind of
Elements: consent as voluntary, as the offended party under 12
a. That the offender commits an act of sexual assault; years of age cannot have a will of her own.
b. That the act of sexual assault is committed by any
of the following means: If the offended woman is below 12 years of age, it is
i. By inserting his penis into another person’s always rape. Her mental, and not only the chronological
mouth or anal orifice; or age is considered. Thus, it is still rape if the woman is 13
ii. By inserting any instrument or object into the years old with a mental capacity of a 5 year old.
genital or anal orifice of another person. Furthermore, the amendatory law has added the more
c. That the act of sexual assault is accomplished glaring and unfortunate situation of a demented girl.
under any of the circumstances enumerated under Example: 31 year old mental retardate with the mental
the first act of committing rape. capacity of a 5-year-old (People vs. Manlapaz, G.R. No.
L-41819, Feb. 28, 1978).
Under R.A. 8353, the crime of rape can now be committed
by a male or a female. Force employed against the victim of rape need not be of
such character as could not be resisted. It is enough that
To be CONSUMMATED, it is not essential that there be a the force used is sufficient to consummate the culprit’s
complete penetration of the female organ, neither is it purpose of copulating with the victim.
essential that there be a rupture of the hymen.
The test is whether the threat or intimidation produces a
However, there must be sufficient and convincing proof reasonable fear in the mind of victim that if she resists or
that the penis indeed touched the labias or slid into the does not yield to the desires of thee accused, the threat
female organ, and not merely stroked the external surface would be carried out.
thereof, for the accused to be convicted of consummated
rape. Absent of any showing of the slightest penetration of If the woman contributed in some way to the
the female organ, it can only be attempted rape, if not acts consummation of the act, this may constitute an offense
of lasciviousness (People vs. Campuhan, G.R. No. other than rape.
129433, March 30, 2000).
Intimidation
For a charge for rape by sexual assault with the use of Includes the moral kind; Intimidation must be viewed in
one’s fingers or any other object to be consummated, light of the victim’s perception and judgment at the time of
there should be evidence of at least the slightest rape and not by any hard and fast rule.
Elements:
Delay in the Delivery of Unlawful Arrest
1. That a minor (less than 18 years old) is living in the
Detained Persons
home of his parents or guardian or the person entrusted
Detention is for some legal Detention is not with his custody; and
ground authorized by law 2. That the offender induces said minor to abandon such
home.
Committed by
Committed by failing to
making an arrest Inducement must be (a) actual, (b) committed with
deliver such person to the
not authorized by criminal intent and (c) determined by a will to cause
proper judicial authority
law damage.
within a certain period
The crime committed may be exploitation of minors
depending on the purpose of the inducement.
Father or mother may commit crimes under Arts. 270 & Elements:
271 – where they are living separately and the custody of 1. That the offender compels a debtor to work for him,
the minor children has been given to one of them. either as household servant or farm laborer;
2. That it is against the debtor’s will; and
It is not necessary that the minor actually abandons the 3. That the purpose is to require or enforce the payment
home. of a debt.
The minor should not leave his home on his own free will Note: Creditor-Debtor relationship between the offender
(People v. Ricarte C.A. 49 O.G. 974). and the offended party must exist, otherwise, the crime
committed is coercion.
SECTION THREE:
SLAVERY AND SERVITUDE There is no violation of this article if a debtor is compelled
to work as an office janitor because this article specifically
ARTICLE 272 provides that the debtor is compelled to work as a
SLAVERY household servant or farm laborer (Reyes, The Revised
Penal Code Book II, 17th ed., 2008 p. 597).
Elements:
1. That the offender purchases, sells, kidnaps or detains a Services Rendered
human being; and Exploitation of Child
under Compulsion in
2. That the purpose of the offender is to enslave such Labor
Payment of Debt
human being.
Victim is a minor Does not distinguish
Qualifying circumstance: When the purpose of the whether the victim is a
offender is to assign the offended party to some immoral minor or not
traffic. Minor is compelled to Debtor himself is the
render services for the one compelled to work
If the victim is female, the crime committed may be that supposed debt of his for the offender.
under Art. 341 or white slave trade. parent or guardian.
The purpose must be determined, if the purpose is to Service of minor is not Limited to household
enslave the victim, it is slavery; otherwise, it is kidnapping limited to household and farm work.
or illegal detention. and farm work.
If in other capacities,
ARTICLE 273 crime committed may
EXPLOITATION OF CHILD LABOR be coercion.
Elements:
1. That the offender retains a minor in his service; CHAPTER TWO: CRIMES AGAINST
2. That it is against the will of the minor; and SECURITY
(ARTS. 275-289)
3. That it is under pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted
with the custody of such minor. SECTION ONE: ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
Note the phrase “against the (minor’s) latter’s will”; hence,
if the minor consents to the offender’s retaining his ARTICLE 275
services, there is no violation of this article. ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM
Acts punished:
1. By failing to render assistance to any person whom the
The child under seven years of age must be found in an Elements of Abandonment of Minor:
unsafe place. 1. That the offender has charge of the rearing or
education of a minor;
It is immaterial that the offender did not know that the child 2. That he delivers said minor to a public institution
is under seven years. or other persons and;
3. That the one who entrusted such child to the
ARTICLE 276 offender has not consented to such act, or if the
ABANDONING A MINOR one who entrusted such child to the offender is
absent, the proper authorities have not consented
Elements: to it.
1. That the offender has the custody of a child;
2. That the child is under seven years of age; 2. By neglecting his (offender’s) children by not giving
3. That he abandons such child; and them the education which their station in life requires
4. That he has no intent to kill the child when the latter is and financial condition permits.
abandoned.
Elements of Indifference of Parents:
If there is intent to kill and the child dies, the crime would 1. That the offender is a parent;
be murder, parricide, or infanticide, as the case may be. If 2. That he neglects his children by not giving them
the child does not die, it is attempted or frustrated murder, education;
parricide or infanticide, as the case may be. 3. That his station in life requires such education and
his financial condition permits it.
Intent to kill cannot be presumed from the death of the
child. The ruling that intent to kill is conclusively presumed Failure to give education must be due to deliberate desire
from the death of the victim of the crime is applicable only to evade such obligation.
Prohibition must be in existence prior to or at the time of Offender is a private The offender is any
entrance. person. person.
Prohibition is not necessary when violence or intimidation Offender enters a Offender enters closed
is employed by the offender (qualified trespass). dwelling house. premises or fenced
estate.
Violence/Intimidation may be the method by which one Place entered is Place entered is
may pass the threshold of the dwelling of another or the inhabited. uninhabited.
conduct immediately after the entrance of the offender.
Note: Blackmailing may be punished under Art. 283. Where the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense is only
ARTICLE 284 other light threats.
BOND FOR GOOD BEHAVIOR
Grave Threats and
When a person is required to give bail bond: Other Light Threats
Light Threats
1. When he threatens another under the circumstances
mentioned in Art. 282. No demand for money. In certain cases,
2. When he threatens another under the circumstances demand for money is
mentioned in Art. 283. material.
No condition imposed. In certain cases,
Bond to Keep the Bond for a Good imposed condition is
Peace Behavior material.
Provides for bond to Provides for bond for Threat is not Threat is deliberate.
keep the peace. good behavior. deliberate.
Not made applicable to Applicable only to
any particular case. cases of grave threats ARTICLE 286
and light threats. GRAVE COERCION
It is a distinct penalty. It is an additional Two Ways of Committing Grave Coercion:
penalty. 1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by
law (Preventive).
Under Art. 143: When a person prevents the meeting of a Grave Coercion Illegal Detention
legislative assembly.
Intent to deprive the Intent to deprive is
Under Art. 145: When a person prevents a member of offended party of his present.
Congress from attending meetings, expressing his liberty is not clear (i.e.
opinions or casting his vote through the use of force or may freely leave the
intimidation. house but is compelled
to return).
Under Article 287: When the violence is employed to seize
anything belonging to the debtor of the offender. Maltreatment of
Grave Coercion
Prisoners
In grave coercion, the act of preventing by force must be
made at the time the offended party was doing or about to If the offended party is If the offended party is
do the act to be prevented. If the act was already done not a prisoner, a prisoner, extracting
when violence is exerted, the crime is unjust vexation. extracting information information using force
(People vs. Madrid, C.A., 53 O.G. 711) using force or or intimidation is
intimidation is coercion. maltreatment.
When COMPELLING is not considered Coercion:
Under Art. 127: When a public officer compels a person to There is no grave coercion where the accused acted in
change his residence. good faith in the performance of his duty.
Under Art. 267: When a person kidnaps his debtor to Coercion is always consummated even if the offended
compel him to pay. party did not accede to the purpose of the coercion.
Classification of personal property under the Civil Code Art. 294 applies only where robbery with violence against
does not apply. The test is whether or not the object is or intimidation of persons takes place without entering an
susceptible of appropriation and transportation inhabited house under the circumstances in Art. 299.
(Regalado). When both circumstances are present, the offense shall
be considered as a complex crime under Art. 48, and the
Prohibited articles may be the subject matter of robbery. penalty shall be for the graver offense in the maximum
period (Napolis v. CA, No. L- 28865, Feb 28, 1972).
Unlawful taking
1. Unlawful taking means appropriating a thing belonging If it is the owner who forcibly takes the personalty from its
to another and placing it under one's control or lawful possessor, the crime is estafa under Art. 316(3)
possession. since the former cannot commit robbery on his own
2. Unlawful taking is COMPLETE: property even if he uses violence or intimidation.
a. Robbery with violence against or intimidation of
persons — offender has already the possession of Whenever violence against or intimidation of any person is
the thing even if he has no opportunity to dispose of used, the taking of personal property is always robbery. If
it. there is no violence or intimidation, but only force upon
b. Robbery with force upon things — the thing must be things, the taking is robbery only if the force is used either
brought outside the building for consummated to enter the building or to break doors, wardrobes, chests,
robbery to be committed. or any other kind of locked or sealed furniture or
receptacle inside the building or to force them open
Intent to gain outside after taking the same from the building.
Intent to gain is presumed from the unlawful taking of
personal property. In the absence of this element, the crime committed is
theft.
The elements of “personal property belonging to another”
and that of “intent to gain” must concur. Intimidation does not need to be physical since it can also
be psychological.
If the accused, with intent to gain, took from another,
personal property which turned out to be his own property, To determine the number of robberies committed, check if
the property not belonging to another, he cannot be held all the elements of robbery based on the provisions of the
liable for robbery; even if in the taking the accused used different means of committing the crime are present. If in
violence against or intimidation of person, or force upon each case, the elements of a certain kind of robbery are
anything. present, then it constitutes one count of robbery already.
If he took personal property from another, believing that it
was his own property, but in reality it belonged to the
offended party, there being no intent to gain, he cannot be
held liable for robbery, even if the accused used violence
against or intimidation of person, or force upon things.
All the robbers may be held liable for robbery with rape Simple Robbery
even if not all of them committed the crime of rape based Par. 5 is known as simple robbery because they only
on the concept of conspiracy. (People vs. Balacanao, involve slight or less serious physical injuries, which are
G.R. No. 118133, February 28, 2003) absorbed in the crime of robbery as an element thereof.
Par 1 of this article also applies even if the victim of the Violence or intimidation may enter at any time before the
rape committed by the accused was herself a member of owner is finally deprived of his property. This is so
the gang of robbers. because asportation is a complex fact, a whole divisible
into parts, a series of acts, in the course of which personal
Note: There is no crime of Robbery with Multiple violence or intimidation may be injected.
Homicide or Robbery with Multiple Counts of Rape.
Although there be more than one instance of
homicide/murder or rape, they shall be considered as Threats to Extort Robbery thru
embraced under one special complex crime of either Money Intimidation
Robbery with Homicide or Robbery with Rape.
Intimidation is Intimidation is actual
Neither shall the additional rape/s or homicide/s be conditional or future. and immediate.
considered aggravating. Unless and until a law is passed Intimidation may be Intimidation is personal.
providing that the additional rape/s (or homicide/s) may be through an intermediary.
considered aggravating, the Court must construe the
penal law in favor of the offender as no person may be Intimidation may refer to Intimidation is directed
brought within its terms if he is not clearly made so by the person, honor or only to the person of the
statute (People vs. Sultan, G. R. No. 132470, April, 27, property of the offended victim.
2000). party or of his family.
“Homicide” under this article is also used in its generic Art. 298 is not applicable if the document is void (Reyes,
sense – to include any other unlawful killing. However, if p. 698).
the killing legally constituted murder or parricide, the
offense will continue to be covered by Art. 297 with the SECTION TWO: ROBBERY WITH THE USE OF FORCE
technical name stated therein, but the penalty shall be for UPON THINGS
murder or parricide because Art. 297 states, “unless the
homicide (killing) committed shall deserve a higher ARTICLE 299
penalty under this Code.” ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
The penalty is the same whether the robbery is attempted
or frustrated. Elements: (Subdivision A)
1. The offender entered
If homicide is not consummated, the crimes of robbery a. an inhabited house;
and attempted or frustrated homicide: b. a public building; or
1. May be complexed (Article 48); or c. an edifice devoted to religious worship;
2. Considered as separate crimes; or 2. The entrance was effected by any of the following
3. Considered as one crime, one absorbing the other. means:
a. Through an opening not intended for entrance or
If physical injuries were inflicted on the victim, but no egress; or
intent to kill was proved and the victim did not die, the b. By breaking any wall, roof, floor, door, or window; or
liability of the offender may be as follows: c. By using false keys, picklocks or similar tools; or
1. If the physical injuries were by reason of the attempted d. By using any fictitious name or pretending the
or frustrated robbery as the means for the commission exercise of public authority.
of the latter, the injuries are absorbed by the latter and 3. That once inside the building, the offender took
the crime shall only be attempted or frustrated robbery. personal property belonging to another with intent to
2. If the physical injuries were inflicted only on the gain.
occasion of the aborted robbery but not employed as a
means of committing the latter, these will be separate Any of the four means described in subdivision (a) of Art.
crimes of attempted or frustrated robbery and physical 299 must be resorted to by the offender TO ENTER a
injuries. house, not to get out.
3. If both killing and physical injuries were committed on
that occasion, the crime will be penalized in accordance The wall broken must be an outside wall, not a wall
with Art. 297 but the physical injuries will be absorbed. between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering.
When the offense committed is attempted or frustrated
robbery with serious physical injuries, Art. 48 is applicable, But if a room is occupied by a person as his separate
since the felony would fall neither under Art. 294 which dwelling, the breaking of the room’s wall may give rise to
covers consummated robbery with homicide nor under robbery.
Art. 297 which covers attempted or frustrated robbery with
homicide. However, for Art. 48 to apply, serious physical
The whole body of the culprit must be inside the building Dependencies of an inhabited house, public building
to constitute entering. or building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
Not every physical force exerted by the offender is coachhouses, stables, or other departments or enclosed
covered by Art. 299, hence breaking store windows to places
steal something but without entry, is only theft. 1. Contiguous to the building or edifice,
2. Having an interior entrance connected therewith, and
Elements: (Subdivision B) 3. Which form part of the whole.
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the Orchards and other lands used for cultivation or
circumstances under which he entered it. production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
2. The offender takes personal property belonging to building and having direct connection therewith.
another with intent to gain under any of the following
circumstances: Public Building
a. by the breaking of internal doors, wardrobes, chests, Includes every building owned by the Government or
or any other kind of sealed furniture or receptacle; or belonging to a private person, used or rented by the
b. by taking such furniture or objects away to be broken Government, although temporarily unoccupied by the
open outside the place of the robbery. same.
The term door under this subdivision refers only to doors Elements:
lids or opening sheets of furniture or other portable 1. That the offender entered an uninhabited place or a
receptacles – NOT to outside doors of house or building. building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
It is estafa or theft, if the locked or sealed receptacle is not 2. That any of the following circumstances was present:
forced open in the building where it is kept or taken a. The entrance was effected through an opening not
therefrom to be broken outside. intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was
ARTICLE 300 broken;
ROBBERY IN AN UNINHABITED c. The entrance was effected through the use of false
PLACE AND BY A BAND keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed
Under this Article, Robbery with Force Upon Things is furniture or receptacle was broken; or
qualified when committed in an uninhabited place AND by e. A closed or sealed receptacle was removed, even if
a band, as distinguished from Qualified Robbery with the same be broken open elsewhere;
3. That with intent to gain, the offender took therefrom
When the property taken is a mail matter during any of the CHAPTER TWO: BRIGANDAGE
robberies defined in Arts. 294, 295, 297, 299, 300 & 302, (ARTS. 306-307)
the penalties next higher than those provided in said
articles shall be imposed. PRESIDENTIAL DECREE 532
Modified Arts. 306 & 307
The taking of large cattle is now punished under P.D. No.
533. Definition of Terms (Section 2)
Philippine waters
ARTICLE 303 Refer to all bodies of water, such as but not limited to
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN seas, gulfs, bays around, between and connecting each of
AN UNINHABITED PLACE OR PRIVATE BUILDING the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
Penalty is one (1) degree lower when cereals, fruits, or belonging to the Philippines by historic or legal title,
firewood are taken in robbery with force upon things. including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
Cereals sovereignty or jurisdiction.
Are seedlings which are the immediate product of the soil.
The palay must be kept by the owner as “seedling” or
taken for that purpose by the robbers.
Vessel
ARTICLE 304 Any vessel or watercraft used for transport of passengers
POSSESSION OF PICKLOCKS and cargo from one place to another through Philippine
OR SIMILAR TOOLS waters and includes all kinds and types of vessels or
boats used in fishing.
Elements:
1. That the offender has in his possession picklocks or Philippine highway
similar tools; Refer to any road, street, passage, highway and bridges
2. That such picklocks or similar tools are specially or other parts thereof, or railway or railroad within the
adopted to the commission of robbery; and Philippines used by persons, or vehicles, or locomotives
3. That the offender does not have lawful cause for such or trains for the movement or circulation of persons or
possession. transportation of goods, articles, or property or both.
Elements: Brigandage
1. The robbery should take place along the Philippine A crime committed by more than three armed persons
highway; who form a band of robbers for the purpose of committing
2. The act of robbery must be indiscriminate. It should not robbery in the highway or kidnapping persons for the
be an isolated case; and purpose of extortion or to obtain ransom, or for any other
3. The victim was not predetermined. The robbery must be purpose to be attained by means of force and violence.
directed not only against specific, intended or perceived
victims, but against any and all prospective victims. Elements:
1. There be at least four armed persons;
Any person who aids or protects highway robbers or abets 2. They formed a band of robbers; and
the commission of highway robbery or brigandage shall be 3. The purpose is any of the following:
considered as an ACCOMPLICE. a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to
The object of the decree is to deter and punish lawless obtain ransom; or
elements who commit acts of depredation upon persons c. To attain by means of force and violence any other
and properties of innocent and defenseless inhabitants purpose.
who travel from one place to another thereby disturbing
the peace and tranquility of the nation and stunting the Presumption of law as to brigandage:
economic and social progress of the people (People v. All are presumed to be highway robbers or brigands, if
Pulusan, G.R. No. 110037, May 21, 1998). any of them carries an unlicensed firearm.
A conviction for highway robbery under this decree Brigandage may be committed without the use of firearms.
requires proof that the accused were organized for the The term “armed” covers arms and weapons in general,
purpose of committing robbery indiscriminately (ibid.). not necessarily firearms.
The offender is liable for theft of whole car taken to Motor Vehicle
another place, even if only the tires are taken away Any vehicle which is motorized using the streets which are
(People v. Carpio, 54 Phil. 48). public, not exclusively for private use, comes within the
concept of motor vehicle. It includes all vehicles propelled
ARTICLE 310 by power, other than muscular power.
QUALIFIED THEFT
If the OWNER, DRIVER OR OCCUPANT of a carnapped
There is qualified theft in the following instances: vehicle is killed or raped in the course of the commission
1. If theft is committed by a domestic servant of the carnapping or on the occasion thereof, the penalty
2. If committed with grave abuse of confidence of reclusion perpetua to death shall be imposed.
3. If the property stolen is (a) motor vehicle, (b) mail matter
or (c) large cattle Since Sec. 14 of RA 6539 uses the words “IS KILLED,” no
4. If the property stolen consists of coconuts taken from distinction must be made between homicide and murder.
the premises of plantation.
5. If the property stolen is taken from a fishpond or fishery If the motor vehicle was not taken by the offender but was
6. If property is taken on the occasion of fire, earthquake, delivered by the owner or the possessor to the offender,
typhoon, volcanic eruption, or any other calamity, who thereafter misappropriated the same, the crime is
vehicular accident or civil disturbance either qualified theft or estafa
Squatters – As defined under Urban Development and CHAPTER SIX: SWINDLING AND OTHER
Housing Act, they are: DECEITS (ARTS. 315-318)
1. Those who have the capacity or means to pay rent or
for legitimate housing but are squatting anyway. ARTICLE 315
2. Those who were awarded lots but sold or lease them SWINDLING/ESTAFA
out.
3. Those who are intruders of lands reserved for socialized Elements in general:
housing, pre-empting possession by occupying the 1. That the accused defrauded another by abuse of
same. confidence, or by means of deceit; and
2. That damage or prejudice capable of pecuniary
Occupation of Real estimation is caused to the offended party or third
Property or persons.
Theft/Robbery
Usurpation of Real
Rights in Property Damage or prejudice may consist of:
1. Offended party being deprived of his money or property
Personal property is Real property or real as a result of the defraudation;
taken. right is involved 2. Disturbance in property rights;
3. Temporary prejudice.
ARTICLE 313 Note: Profit or gain must be obtained by the accused
ALTERING BOUNDARIES OR LANDMARK personally and mere negligence in allowing another to
benefit from the transaction is not estafa.
Elements:
1. That there be boundary marks or monuments of towns, I. Estafa with Unfaithfulness or Abuse of Confidence
provinces, or estates, or any other marks intended to A. Estafa with unfaithfulness (Article 315, No. 1-A)
designate the boundaries of the same; and Elements:
2. That the offender alters said boundary marks. 1. That the offender has an onerous obligation to
deliver something of value;
Note: The second element shows three ways in The contracts of deposit, commodatum, lease, quasi-
which estafa under this paragraph may be contract of solutio indebiti and trust receipt transactions
committed: are examples of obligations involving the duty to return or
a. Misappropriation of the thing received; make delivery.
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received. The thing to be delivered or returned by the offender must
be the very object which he received.
Definition of Terms
1. Misappropriation (M) – the act of taking The person prejudiced need not necessarily be the owner
something for one’s own benefit. of the property.
2. Conversion – the act of using or disposing of
another’s property as if it was one’s own; thing has As for the element of demand, the law does NOT require
The offender must be able to obtain something C. Article 315 No. 2 (C)
from the offended party because of the false By pretending to have bribed any Government
pretense, that is, without which the offended party employee.
would not have parted with it.
The accused, by pretending to have bribed a
government employee, can be held further liable for
such calumny in a criminal action for either slander
or libel depending on how he recounted the
supposed bribery.
Note: The crime will still be estafa even if the owner Acts Punished:
takes the personalty from the lawful possessor under 1. By defrauding or damaging another by any other deceit
the modes of taking in theft or robbery which latter not mentioned in the preceding articles.
crimes cannot be committed by the owner on his 2. By interpreting dreams, by making forecasts, telling
property (Regalado, 2008). fortunes, by taking advantage of the credulity of the
public in any other manner, for profit or gain.
4. Any person who, to the prejudice of another, shall
execute any fictitious contract. REPUBLIC ACT NO. 8484
5. Any person who shall accept any compensation for ACCESS DEVICES REGULATION ACT OF 1998
services not rendered or for labor not performed.
Definition of terms
This act requires fraud as an essential element. If there 1. Access Device – any card, plate, code, account
is no fraud, it only becomes solutio indebiti, with the civil number, electronic serial number, personal identification
obligation to return the wrong payment. number, or other telecommunications service,
equipment, or instrumental identifier, or other means of
6. Any person who shall sell, mortgage or encumber real account access that can be used to obtain money,
property with which the offender guaranteed the good, services, or any other thing of value or to initiate a
fulfillment of his obligation as surety. transfer of funds (other than a transfer originated solely
by paper instrument).
Elements: 2. Counterfeit Access Device – any access device that is
a. That the offender is a surety in a bond given in a counterfeit, fictitious, altered, or forged, or an
criminal or civil action; identifiable component of an access device or
b. That he guaranteed the fulfillment of such obligation counterfeit access device.
with his real property or properties; 3. Unauthorized Access Device – any access device
c. That he sells, mortgages, or, in any manner encumbers that is stolen, lost, expired, revoked, canceled,
said real property; and suspended, or obtained with intent to defraud.
d. That such sale, mortgage or encumbrance is (1) without 4. Access Device Fraudulently Applied for – any
express authority from the court, or (2) made before the access device that was applied for or issued on account
cancellation of his bond, or (3) before being relieved of the use of falsified document, false information,
from the obligation contracted by him. fictitious identities and addresses, or any form of false
Destructive Arson (Art. 320, RPC) Special Aggravating Circumstance on Arson (Sec. 4,
Burning of: PD 1613):
1. One (1) or more buildings or edifices, consequent to 1. If committed with intent to gain.
one single act of burning, or as a result of simultaneous 2. If committed for the benefit of another.
burnings, or committed on several or different 3. If the offender is motivated by spite or hatred towards
occasions; the owner or occupant of the property burned.
2. Any building of public or private ownership, devoted to 4. If committed by a syndicate – planned or carried out by
the public in general or where people usually gather or three or more persons
congregate for a definite purpose such as, but not
limited to, official governmental function or business, Prima facie evidence of Arson (Sec. 6, PD 1613):
private transaction, commerce, trade workshop, 1. If the fire started simultaneously in more than one part
meetings and conferences, or merely incidental to a of the building or establishment.
The crime committed is attempted arson, because the CHAPTER NINE: MALICIOUS MISCHIEF
offender commences the commission of the crime directly (ARTS. 327-331)
by overt acts (placing the rags soaked in gasoline beside
the wooden wall of the building and lighting a match) but
he does not perform all the acts of execution (the setting Malicious Mischief
of fire to the rags) due to the timely intervention of another Is the willful damaging of another’s property for the sake
who chases away the offender. of causing damage due to hate, revenge or other evil
motive.
If that person is able to light or set fire to the rags but the
fire was put out before any part of the building was
burned, it is frustrated.
But if before the fire was put out, it had burned a part of
Crimes against chastity are also referred to as private Each occasion of sexual intercourse constitutes a crime
crimes, or crimes which cannot be prosecuted de officio, of adultery.
because of the requirement that the prosecution thereof
be upon a sworn written complaint of the offended party or The criminal liability is mitigated when adultery is
certain persons authorized by law. committed while abandoned by spouse without
justification.
The crimes against chastity which cannot be
prosecuted de officio are: Abandonment without justification is not an exempting
a. Adultery (Art. 333) circumstance but is merely mitigating.
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts. There is no crime of frustrated adultery.
336, 339)
d. Seduction whether qualified or simple (Arts. 337, 338), Acquittal of one of the defendants will not automatically
and acquit the other:
e. Abduction which may be forcible or consented (Arts. a. There may not be a joint criminal intent, although
342, 343) there is a joint physical act.
But corruption of minors (Art. 340) and white slave trade b. One of the parties may be insane and the other is
(Art. 341) can be prosecuted de officio. sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the
TITLE ELEVEN: CRIMES action cannot defeat the trial and conviction of the
man.
AGAINST CHASTITY e. A married man who does not know of the married
status of the woman may be liable for concubinage, if
CHAPTER ONE: ADULTERY AND he appears to be guilty of any of the acts defined in
CONCUBINAGE (ARTS. 333-334) Art. 334.
Under the law there can be no accomplice in the crime of Art. 335 has been repealed by RA No. 8353 (Anti-Rape
adultery, although in fact there can be such an Law of 1997) effective Oct. 22, 1997. Provisions on Rape
accomplice. are found in Arts. 266-A to 266-D under Crimes Against
Persons.
Recrimination
Husband’s illicit relationship does not absolve but may REPUBLIC ACT NO. 9995
mitigate wife’s liability for adultery. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
ARTICLE 334 Photo or video voyeurism means the act of taking photo
CONCUBINAGE or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
Who are liable? an image of the private area of a person or persons
1. The married man. without the latter's consent, under circumstances in which
2. The woman who knew that the man was married. such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing,
Elements: broadcasting, sharing, showing or exhibiting the photo or
1. That the man must be married; video coverage or recordings of such sexual act or similar
2. That he committed any of the following acts: activity through VCD/DVD, internet, cellular phones and
a. Keeping a mistress in the conjugal dwelling (mistress similar means or device without the written consent of the
must live therein as such); person/s involved, notwithstanding that consent to record
b. Having sexual intercourse under scandalous or take photo or video coverage of same was given by
circumstances with a woman who is not his wife such person's
(proof of actual sexual relations not required as long
as it can be inferred); Prohibited Acts
c. Cohabiting with her in any other place (as husband 1. To take photo or video coverage of a person or group of
and wife); persons performing sexual act or any similar activity or
3. As regards the woman, she must know him to be to capture an image of the private area of a person/s
married. such as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of
Conjugal dwelling the person/s involved and under circumstances in which
Means the home of the husband and wife even if the wife the person/s has/have a reasonable expectation of
happens to be temporarily absent on any account. privacy;
2. To copy or reproduce, or to cause to be copied or
Scandalous circumstances are not necessary to make a reproduced, such photo or video or recording of sexual
husband guilty of concubinage by keeping a mistress in act or any similar activity with or without consideration;
the conjugal dwelling. 3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
Scandal – consists in any reprehensible word or deed it be the original copy or reproduction thereof; or
that offends public conscience, redounds to the detriment 4. To publish or broadcast, or cause to be published or
of the feelings of honest persons, and gives occasion to broadcast, whether in print or broadcast media, or show
the neighbor’s spiritual damage or ruin. or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through
Cohabit – means to dwell together, in the manner of VCD/DVD, internet, cellular phones and other similar
husband and wife, for some period of time, as means or device.
distinguished from occasional transient interviews for
unlawful intercourse. CHAPTER TWO: ACTS OF
Adultery is more severely punished than concubinage. LASCIVIOUSNESS (ART. 336)
ARTICLE 336
Reason: Because adultery makes possible the
introduction of another man’s blood into the family so that ACTS OF LASCIVIOUSNESS
the offended husband may have another man’s son
bearing his (husband’s) name and receiving support from Elements:
him. 1. That the offender commits any act of lasciviousness or
In People v. Jalosjos (GR No. 132876-279, Nov. 16, CHAPTER THREE: SEDUCTION,
2001), the SC adopted the definition of “lascivious CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE
conduct” in Sec. 32, Art. XIII of the Implementing Rules
(ARTS. 337-341)
and Regulations of RA 7610, which reads as follows:
The fact that the girl gave her consent to the sexual
intercourse is no defense. In the same way, lack of
consent of the girl is not an element of the offense.
There is an oversight in the law where the victim is exactly Persons liable:
12 years of age. If the victim is below 12, the crime will be 1. Those who engage in or promote, facilitate or induce
rape, or unconsented acts of lasciviousness or forcible child prostitution which include, but are not limited to
abduction. Hence Art. 339 stating “over 12 years of age” the following:
should be construed as twelve years of age and over, a. Acting as a procurer of a child prostitute.
thus construing the doubt in favor of the accused. b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
ANTI-SEXUAL HARRASMENT ACT similar means.
(R.A. No. 7877) c. Taking advantage of influence or relationship to
procure a child as a prostitute.
Persons liable: d. Threatening or using violence towards a child to
Employer, employee, manager, supervisor, teacher, engage him/her as a prostitute.
professor, instructor, coach, trainor, or any other person e. Giving monetary consideration, goods or other
having authority, influence, or moral ascendancy over pecuniary benefit to a child with the intent to engage
another in a work, education or training-related such child in prostitution.
environment.
2. Those who commit the act of sexual intercourse or
Acts Punished: lascivious conduct with a child exploited in prostitution
Demanding, requesting, or otherwise requiring any sexual or subjected to other sexual abuse.
favor from the other, regardless of whether the demand, 3. Those who derive profit or advantage therefrom,
request, or requirement is accepted by the object of the whether as manager or owner of the establishment
act. where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
ARTICLE 340 establishment serving as a cover or which engages in
CORRUPTION OF MINORS prostitution in addition to the activity for which the
(AS AMENDED BY BP 92) license has been issued to said establishment. (Sec 5,
RA 7610)
Acts Punished
To promote or facilitate the prostitution or corruption of Note: There is also a crime of attempted child prostitution
persons under age to satisfy the lust of another. under Sec 5 pars. 1 and 2 of RA 7610 (Sec 6, RA 7610).
Under age means under 18 years of age. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not
The victim must be of good reputation and not a prostitute being a relative of a child, is found alone with the said
or corrupted person. child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
It is not necessary that the unchaste acts shall have been establishments, vessel, vehicle or any other hidden or
done since what is being punished is mere act of secluded area under circumstances which would lead a
promotion or facilitation. reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
Special Protection of Children Against Child Abuse
Act (R.A. 7610) – Child prostitution and attempt to commit There is also an attempt to commit child prostitution,
child prostitution are punished under this Act. under paragraph (b) of Section 5 hereof when any person
The first two modes require the element of profit and Elements:
habituality. In the third mode, the profit motive is not 1. That the offended party must be a virgin;
required. (Regalado) 2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with
White slave trade may be with or without the consent of her consent, after solicitation or cajolery from the
the woman, while slavery for the purpose of assigning the offender; and
woman to immoral traffic (Art. 272) is committed against 4. That the taking away of the offended party must be with
her will. lewd designs.
CHAPTER FOUR: ABDUCTION Crimes against Chastity where age and reputation of
(ARTS. 342-343) the victim are immaterial:
1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant.
Abduction 2. Qualified Seduction of sister or descendant.
The taking away of a woman from her house or the place 3. Forcible Abduction
where she may be for the purpose of carrying her to
another place with intent to marry or corrupt her. CHAPTER FIVE: PROVISIONS
RELATING TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Two Kinds of Abduction: (ARTS. 344-346)
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ARTICLE 344
ARTICLE 342 PROSECUTION OF THE CRIMES OF ADULTERY,
FORCIBLE ABDUCTION CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
Elements:
1. That the person abducted is a woman; regardless of her 1. Adultery and concubinage must be prosecuted upon the
age, civil status, or reputation; complaint signed by the offended spouse (and in the
2. That the abduction is against her will; and absence of an express or implied pardon).
Pursuant to R.A. No. 8353, rape is now a crime Note: Under the Family Code, children are classified as
against persons, which may be prosecuted de officio. only either legitimate or illegitimate, with no further
positive act required from the parent, as the law itself
In adultery and concubinage, the offended party must provides the child’s status. Natural children under the Civil
institute the criminal prosecution against both the Code fall within the classification of illegitimate children
guilty parties, if they are alive. under the Family Code.
The right to file the action granted to the parent, Art. 176 of the Family Code confers parental authority
grandparent or guardian shall be exclusive of all other over illegitimate children on the mother and provides their
persons and shall be exercised successively in the entitlement to support in conformity with the Family Code.
order provided by law.
ARTICLE 346
Effects of Pardon LIABILITY OF ASCENDANTS, GUARDIANS,
Pardon in adultery and concubinage must come TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
before the institution of the criminal action and both THE CUSTODY OF THE OFFENDED PARTY
offenders must be pardoned by the offended party if
said pardon is to be effective. Persons who cooperate as accomplices but are punished
as principals in seduction, abduction, acts of
Pardon in seduction must also come before the lasciviousness, acts of lasciviousness with the consent of
institution of the criminal action. the offended party, corruption of minors, white slave trade:
1. Ascendants,
Condonation is not pardon in concubinage or adultery 2. Guardians,
– any subsequent act of the offender showing that 3. Curators,
there was no repentance will not bar the prosecution 4. Teachers, and
of the offense. 5. Any person, who cooperates as accomplice with abuse
of authority or confidential relationship.
Pardon by the offended party who is a minor must
have the concurrence of parents – except when the Persons who act as accomplices in crimes against
offended party has no parents. chastity (EXCEPT adultery and concubinage where there
can be no accomplices or accessories), shall be punished
Marriage of the offender with the offended party in as principals.
seduction, abduction and acts of lasciviousness
extinguishes criminal action or remits the penalty In addition, teachers or persons entrusted with education
already imposed, and it benefits the co-principals, and guidance of the youth are penalized with
accomplices and accessories. In rape, it extends only disqualification.
as to the principal.
ARTICLE 355 This is also known as blackmail. Art. 283 regarding light
LIBEL BY MEANS OF WRITINGS threats is another form of blackmail.
OR SIMILAR MEANS
Blackmail
Committed by means of: Any lawful extortion of money by threats of accusation or
1. Writing exposure.
2. Printing
3. Lithography It is essential that the threat to publish, or to offer to
4. Engraving prevent the publication of libel must be for a compensation
5. Radio or money consideration, in order it may be penalized
6. Phonograph under this article.
7. Painting
8. Theatrical exhibition Blackmail is possible in the following crimes:
9. Cinematographic exhibition a. Light threats (Art 283)
10. Or any similar means b. Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
Defamation through amplifier system is slander not libel.
ARTICLE 357
If defamatory remarks are made in the heat of passion PROHIBITED PUBLICATION OF ACTS REFERRED TO
which culminated in a threat, the derogatory statements IN THE COURSE
will not constitute an independent crime of libel but a part OF OFFICIAL PROCEEDINGS
of the more serious crime of threats.
Elements:
Administrative Circular No. 08-2008, issued on January 1. That the offender is a reporter, editor or manager of a
25, 2008, laid down a rule of preference for the imposition newspaper, daily or magazine;
of a fine only rather than imprisonment in libel cases. The 2. He publishes facts connected with the private life of
Administrative Circular provides that: another; and
1. It does not remove imprisonment as an alternative 3. Such facts are offensive to the honor, virtue and
penalty for the crime of libel under Art. 355 of the RPC. reputation of said person.
2. The Judges may, in the exercise of sound discretion,
and taking into consideration the peculiar circumstances This article is referred to as the Gag Law because while a
of each case, determine whether the imposition of a fine report of an official proceeding is allowed, it gags those
alone would best serve the interests of justice or who would publish therein facts which this article prohibits,
whether forbearing to impose imprisonment would and punishes any violation thereof.
depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to The Gag Law prohibits the publication of cases relating to
the imperatives of justice. adultery, divorce, legitimacy of children, etc.
Emergency Rule
An automobile driver who, by the negligence of another
and not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a
collision or injury is not guilty of negligence if he makes
such a choice which a person of ordinary prudence placed
in such a position might make even though he did not
make the wisest choice.