TITLE FOUR 3. That in case of uttering such false or  Must be intention to mutilate.

 Forging – by giving a treasury or bank note or

counterfeited coins, he connives with document payable to bearer/order an
I. CRIMES AGAINST PUBLIC INTEREST counterfeiters or importers. Article 165 appearance of a true and genuine document
Article 161
 Coin is counterfeit – if it is forged, or if it is not SELLING OF FALSE OR MUTILATED COIN, WITHOUT
 Falsification – by erasing, substituting,
an article of the government as legal tender, CONNIVANCE
 TYPES OF COUNTERFEITING GREAT SEAL OF counterfeiting or altering by any means the
regardless if it is of no value figures and letters, words, signs contained
GOVERNMENT:  2 Types
therein
1. Forging the great seal of the Government  Counterfeiting – imitation of legal or genuine
1. Possession of coin, counterfeited or mutilated
coin (may contain more silver, different
by another person, with intent to utter the  E.g. falsifying – lotto or sweepstakes ticket.
2. Forging the signature of the President design) such as to deceive an ordinary person Attempted estafa through falsification of an
same, knowing that it is false or mutilated.
in believing it to be genuine obligation or security of the Phil
3. Forging the stamp of the President
ELEMENTS:
 Utter – to pass counterfeited coins, deliver or  PNB checks not included here – it’s
 When the signature of the President is forged, give away 1. possession falsification of commercial document under
it is not falsification but forging of signature
Article 172
under this article  Import – to bring to port the same 2. with intent to utter, and
 Obligation or security includes: bonds,
 Signature must be forged, others signed it –  Both Philippine and foreign state coins
3. knowledge
certificate of indebtedness, bills, national bank
not the President.
4. Actually uttering such false or mutilated coin, notes, coupons, treasury notes, certificate of
 Applies also to coins withdrawn from knowing the same to be false or mutilated. deposits, checks, drafts for money,
circulation sweepstakes money
Article 162 ELEMENTS:
 Essence of article: making of coins without
1. actually uttering, and
 USING FORGED SIGNATURE OR COUNTERFEIT authority
Article 167
SEAL OR STAMP: 2. knowledge.
1. That the great seal of the republic was  ELEMENTS OF COUNTERFEITING, IMPORTING,
counterfeited or the signature or stamp of the
Article 164  Possession does not require legal tender in AND UTTERING INSTRUMENTS NOT PAYABLE
foreign coins TO BEARER:
chief executive was forged by another person.
 ELEMENTS OF MULTILATION OF COINS –
2. That the offender knew of the counterfeiting IMPORTATION AND UTTERANCE:  Includes constructive possession 1. That there be an instrument payable to order
or forgery. or other document of credit not payable to
This has been repealed by PD 247. Under this PD, the acts  Read RA 427 bearer.
3. That he used the counterfeit seal or forged punishable are:
signature or stamp. 2. That the offender either forged, imported or
1. willful defacement uttered such instruments.
Article 166
 Offender is NOT the forger/not the cause of 2. mutilation 3. That in case of uttering, he connived with the
the counterfeiting FORGING TREASURY OR BANK NOTES – IMPORTING AND forger or importer.
3. tearing UTTERING
4. burning
Article 163  Acts punishable:
Article 168
5. destruction of Central Bank notes and coins
1. Forging or falsity of treasury/bank notes or
 ELEMENTS OF MAKING AND IMPORTING AND
 ELEMENTS OF ILLEGAL POSSESSION AND USE
documents payable to bearer
UTTERING FALSE COINS:  Mutilation – to take off part of the metal
OF FALSE TREASURY OR BANK NOTES AND
either by filling it or substituting it for another 2. Importing of such notes
1. That there be false or counterfeited coins OTHER INSTRUMENT OF CREDIT:
metal of inferior quality, to diminish by inferior
(need not be legal tender). means (to diminish metal contents). 3. Uttering of such false or forged obligations and 1. That any treasury or bank note or certificate or
notes in connivance with forgers and other obligation and security payable to
2. That the offender either made, imported or
 Foreign notes and coins not included. Must be importers bearer, or any instrument payable to order or
uttered such coins.
legal tender.
 other document of credit not payable to 4. That the alteration has changed the meaning 2. That such person/s did not in fact so 5. Issuing in an authenticated form a document
bearer is forged or falsified by another person. of the document. participate in the act or proceeding purporting to be a copy of an original
document when no such original exists, or
2. That the offender knows that any of those  Accused must not be a public official entrusted 3. Making untruthful statements in a narration of including in such copy a statement contrary to,
instruments is forged or falsified. with the custody or possession of such facts; or different from, that of the genuine original;
document otherwise Art 171 applies. (if no knowledge, falsification through
3. That he performs any of these acts – Requisites:
negligence) or
1. using any of such forged or falsified 1. That the offender makes in a document
6. Intercalating any instrument or note relative
instrument, or Article 171 statements in a narration of facts
to the issuance thereof in a protocol, registry,
2. possessing with intent to use any of 2. That he has a legal obligation to disclose the or official book. (genuine document)
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER,
such forged or falsified instrument. EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER truth of the facts narrated by him; (required by
7. In case the offender is an ecclesiastical
law to be done) and
minister, the act of falsification is committed
 Act sought to be punished: Knowingly  ELEMENTS:
3. That the facts narrated by the offender are with respect to any record or document of
possessing with intent to use any of such
absolutely false; and such character that its falsification may affect
forged treasury or bank notes 1. That the offender is a public officer, employee,
the civil status of persons.
or notary public.
4. That the perversion or truth in the narration of
2. That he takes advantage of his official position. facts was made with the wrongful intent of  There is no crime of attempted or frustrated
Article 169 injuring a third person falsification of public document
3. That he falsifies a document by committing
FORGERY any of the following acts:  There must be a narration of facts, not a  Persons liable – public officer, employee or
conclusion of law. Must be on a material notary public or ecclesiastical minister
 How forgery is committed: 1. Counterfeiting or imitating any matter
handwriting, signature or rubric.  If offender does not take advantage of his
 if all acts done but genuine appearance is not  Legal obligation means that there is a law public position, he may still be liable for
given, the crime is frustrated Requisites:
requiring the disclosure of the truth of the falsification of documents by a private person
1. That there be an intent to imitate, or an facts narrated. Ex. Residence certificates
1. by giving to a treasury or bank note or any
attempt to imitate  Document: any written statement by which a
instrument payable to bearer or to order, the
 The person making the narration of facts must right is established or an obligation is
appearance of a true and genuine document
2. That the two signatures or handwritings, the be aware of the falsity of the facts narrated by extinguished
2. by erasing, substituting, counterfeiting, genuine and the forged, bear some him. This kind of falsification may be
altering by any means the figures, letters or resemblance, to each other committed by omission  Not necessary that what is falsified is a
words, or signs contained therein. genuine or real document, enough that it gives
 (lack of similitude/imitation of a genuine 1. Altering true dates. – date must be essential an appearance of a genuine article
signature will not be a ground for conviction
2. Making any alteration or intercalation in a
under par. 1 but such is not an impediment to  Counterfeiting – imitating any handwriting,
Article 170 genuine document which changes its meaning.
conviction under par. 2) signature or rubric
Requisites:
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE 1. Causing it to appear that persons have  Feigning – simulating a signature, handwriting,
DOCUMENTS: participated in any act or proceeding when 1. That there be an alteration (change) or or rubric out of one of which does not in fact
they did not in fact so participate. intercalation (insertion) on a document exist
1. That these be a bill, resolution or ordinance
enacted or approved or pending approval by 2. Attributing to persons who have participated 2. That it was made on a genuine document
the national assembly or any provincial board in an act or proceeding statements other than
or municipal council. those in fact made by them. 3. That the alteration/intercalation has changed Article 172
the meaning of the document
2. That the offender (any person) alters the Requisites: FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL
same. 4. That the change made the document speak DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)
1. That the offender caused it to appear in a something false.
3. That he has no proper authority therefor. document that a person/s participated in an  ELEMENTS
act or a proceeding; and
1. That the offender is a private individual or a  The possessor of falsified document is  A private document may acquire the character
public officer or employee who did not take presumed to be the author of the falsification of a public document when it becomes part of
advantage of his official position. an official record and is certified by a public Falsification of
1. the written acts or records of cats of the officer duly authorized by law Falsification of Public/Official
2. That he committed any of the acts of sovereign authority of official bodies and Private Documents Documents
falsification enumerated in ART. 171. tribunals, and of the public officers, legislative,  The crime is falsification of public documents
judicial and executive, whether of the even if falsification took place before the
1. Counterfeiting or imitating any
Philippines or of a foreign country. private document becomes part of the public Prejudice to third
handwriting, signature or rubric.
records. persons is immaterial,
2. Public records kept in the Philippines. what is punished is the
2. Causing it to appear that persons
have participated in any act or violation of public faith
proceeding when they did not in Prejudice to third and perversion of truth
USE OF FALSIFIED DOCUMENT (par. 3, art. 172) party is an element which the document
fact so participated. FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF
PRIVATE DOCUMENT of the offense. proclaims.
3. Attributing to persons who have  ELEMENTS:
participated in an act or proceeding  ELEMENTS : 1. Introducing in a judicial proceeding:
statements other than those in fact
made by them. 1. That the offender committed any of the acts of 1. That the offender knew that a document was Article 173
falsification, except those in paragraph 7 and falsified by another person.
4. Making untruthful statements in a 8, enumerated in art. 171. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND
narration of facts; 2. That the false document is embraced in art. TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED
2. That the falsification was committed in any 171 or in any subdivisions nos. 1 and 2 of art. MESSAGES
5. Altering true dates. private document (must affect the truth or 172.
integrity of the document)  Acts punishable:
6. Making any alteration or
3. That he introduced said document in evidence
intercalation in a genuine 3. That the falsification caused damage (essential 1. Uttering fictitious, wireless, telegraph or
in any judicial proceeding. (intent to cause
document which changes its element; hence, no crime of estafa thus telephone message
damage not necessary)
meaning. falsification of private document) to a third
party or at least the falsification was 4. That the offender knew that a document was Requisites:
7. That the falsification was
committed with intent to cause such damage. falsified by another person.
committed in any public or official 1. That the offender is an officer or employee of
or commercial document. the government or an officer or employee of a
 Not necessary that the offender profited or 5. That the false document is embraced in art.
private corporation, engaged in the service of
hoped to profit from the falsification 171 or in any of subdivisions nos. 1 and 2 of
 Under this paragraph, damage is not essential, art. 172. sending or receiving wireless, cable or
it is presumed telephone message.
 A document falsified as a necessary means to
6. That he used such documents (not in judicial
commit another crime must be public, official
 Defense: lack of malice or criminal intent
or commercial
proceedings). 2. That the accused commits any of the following
acts:
 The following writings are public: 7. That the use of the documents caused damage
 There is no complex crime of estafa through to another or at least was used with intent to – uttering fictitious wireless, cable, telegraph, or
falsification of a private document because the telephone message, or
 Examples of commercial documents –
immediate effect of the latter is the same as
cause such damage.
warehouse receipts, airway bills, bank checks, – falsifying wireless, cable, telegraph, or telephone
that of estafa 2. Use in any other transaction
cash files, deposit slips and bank statements, message
journals, books, ledgers, drafts, letters of
 If the estafa was already consummated at the  The user of the falsified document is deemed
credit and other negotiable instruments 1. Falsifying wireless, telegraph or telephone
time of the falsification of a private document the author of falsification, if:
message
was committed for the purpose of concealing
 Cash disbursement vouchers or receipts
the estafa, the falsification is not punishable, 1. the use is so closely connected in time with
evidencing payments are not commercial Requisites:
because as regards the falsification of the the falsification
documents
private document there was no damage or 1. That the offender is an officer or employee of
2. the user had the capacity of falsifying the
intent to cause damage. the government or an officer or employee of a
 A mere blank form of an official document is document
private corporation, engaged in the service of
not in itself a document
 sending or receiving wireless, cable or department or agency of the Philippine gov’t  ELEMENTS (concealing true name):
telephone message. or any foreign gov’t.
Article 175 1. that the offender conceals –
2. That the accused commits any of the following 2. By performing an act pertaining to any person
acts:  ELEMENTS OF USING FALSE CERTIFICATES: in authority or public officer of the Phil gov’t or 2. his true name, and
foreign gov’t under the pretense of such
– uttering fictitious wireless, cable, telegraph, or 1. That a physician or surgeon has issued a false official position, and without being lawfully 3. all other personal circumstances.
telephone message, or medical certificate, or a public officer has entitled to do so.
issued a false certificate of merit or service, 1. that the purpose is only to conceal
– falsifying wireless, cable, telegraph, or telephone his identity.
good conduct, or similar circumstances, or a  In usurpation of authority: The mere act of
message private person had falsified any of said knowingly and falsely representing oneself is
certificates. sufficient. Not necessary that he performs an Use of Fictitious Name Concealing True
1. Using such falsified message
act pertaining to a public officer. (178) Name (178)
2. That the offender knew that the certificate
Requisites:
was false.
 In usurpation of official functions: It is
Element of publicity Publicity not
1. That the accused knew that wireless, cable, essential that the offender should have
3. That he used the same. must be present necessary
telegraph, or telephone message was falsified performed an act pertaining to a person in
by any of the person specified in the first authority
paragraph of art. 173. Purpose is to conceal a
Article 176  A public officer may also be an offender crime, to evade the
2. That the accused used such falsified dispatch.
execution of a
MANUFACTURING AND POSSESSION OF INTRUMENTS
3. That the use of the falsified dispatch resulted  The act performed without being lawfully judgement, or to cause Purpose is to conceal
OR IMPLEMENTS FOR FALSIFICATION:
in the prejudice of a third party, or that the entitled to do so must pertain: damage identity
use thereof was with intent to cause such  Acts punishable: 1. to the gov’t
prejudice. Article 179
1. Making or introducing into the Philippines any 2. to any person in authority
 The public officer, to be liable must be stamps, dies or marks or other instruments or  ELEMENTS OF ILLEGAL USE OF UNIFORM OR
engaged in the service of sending or receiving implements for counterfeiting or falsification 3. to any public office INSIGNIA:
wireless, cable and telegraph or telephone
message 2. Possessing with intent to use the instruments 1. That the offender makes use of insignia,
or implements for counterfeiting or uniform or dress.
falsification made in or introduced into the Article 178
Philippines by another person 2. That the insignia, uniform or dress pertains to
Article 174 USING FICTITIOUS NAME AND CONCEALING TRUE NAME an office not held by the offender or to a class
 The implement confiscated need not form a
 ELEMENTS (using fictitious name) :
of persons of which he is not a member.
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES
complete set
OF MERIT OR SERVICE AND THE LIKE: 3. That said insignia, uniform or dress is used
1. That the offender uses a name other than his publicly and improperly.
 Constructive possession is also punished
 Persons liable: real name.

2. That he uses that fictitious name publicly.

 an exact imitation of the dress or uniform is
1. Physician or surgeon who, in connection with unnecessary
the practice of his profession, issued a false II. OTHER FALSITIES 3. That the purpose of the offender is –
certificate (note: such certificate must refer to
the illness or injury of a person) Article 177 1. To conceal a crime,
Article 180
2. Public officer who issued a false certificate of USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: 2. To evade the execution of a
merit of service, good conduct or similar judgment, or  ELEMENTS OF FALSE TESTIMONY AGAINST A
circumstances  2 ways of committing the crime: DEFENDANT:
3. To cause damage to public interest.
3. Private individual who falsified a certificate 1. By knowingly and falsely representing oneself (ex. Signing fictitious name for a 1. That there be a criminal proceeding.
under (1) and (2) to be an officer, agent or representative of any passport)
 2. That the offender testifies falsely under oath  Basis of penalty: gravity of the felony charged  2 ways of committing perjury: Article 184
against the defendant therein. against the defendant
 Subornation of perjury: procures another to  ELEMENTS OF OFFERING FALSE TESTIMONY
3. That the offender who gives false testimony IN EVIDENCE:
swear falsely. Solemn affirmation: refers to
knows that it is false.
non-judicial proceedings and affidavits
Article 182 a That the offender offered in evidence a false witness
4. That the defendant against whom the false or false testimony.
 A false affidavit to a criminal complaint may
testimony is given is either acquitted or  ELEMENTS OF FALSE TESTIMONY IN CIVIL
give rise to perjury
convinced in a final judgment (prescriptive CASES: b That he knew the witness or the testimony was
period starts at this point) false.
1. That the testimony must be given in a civil  A matter is material when it is directed to
 Requires criminal intent, can’t be committed case. prove a fact in issue c That the offer was made in a judicial or official
through negligence. Need not impute guilt proceeding.
upon the accused 2. That the testimony must relate to the issues  A “competent person authorized to administer
presented in said case. an oath” means a person who has a right to  Article applies when the offender without
 The defendant must at least be sentenced to a inquire into the questions presented to him inducing another, but knowing him to be a
3. That the testimony must be false. upon matters under his jurisdiction false witness, presented him and the latter
correctional penalty or a fine or must have
been acquitted testified falsely in a judicial or official
4. That the false testimony must be given by the
 There is no perjury through negligence or proceeding
defendant knowing the same to be false.
 The witness who gave false testimony is liable imprudence since the assertion of falsehood
even if the court did not consider his 5. That the testimony must be malicious and must be willful and deliberate  The false witness need not be convicted of
testimony given with an intent to affect the issues false testimony. The mere offer is sufficient.
presented in the said case  Even if there is no law requiring the statement
III. FRAUDS
 Penalty is dependent upon sentence imposed to be made under oath, as long as it is made
on the defendant  Not applicable when testimony given in a for a legal purpose, it is sufficient
Article 185
special proceeding (in this case, the crime is
 Perjury is an offense which covers false oaths
perjury)
other than those taken in the course of judicial
 ELEMENTS OF MACHINATIONS IN PUBLIC
Article 181 AUCTION:
 Basis of penalty: amount involved in the civil proceedings

FALSE TESTIMONY IN FAVOR OF DEFENDANT in a case a That there be a public auction.

 False testimony before the justice of the peace
criminal case:
during the P.I. may give rise to the crime of b That the accused solicited any gift or a promise from
perjury because false testimony in judicial any of the bidders.
 False testimony by negative statement is in Article183 proceedings contemplates an actual trial
favor of the defendant c That such gifts or promise was the consideration for
where a judgment of conviction or acquittal is
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND rendered his refraining from taking part in that public auction.
 False testimony need not in fact benefit the PERJURY IN SOLEMN AFFIRMATION:
defendant
1. That an accused made a statement under oath
 A person who knowingly and willfully procures d That the accused had the intent to cause the
another to swear falsely commits subornation reduction of the price of the thing auctioned.
 A statement of a mere opinion is not or made an affidavit upon a material matter.
of perjury and the witness suborned does
punishable
testify under circumstances rendering him  ELEMENTS OF ATTEMPTING TO CAUSE
2. That the statement or affidavit was made
guilty of perjury. BIDDERS TO STAY AWAY:
before a competent officer, authorized to
 Conviction or acquittal is not necessary (final
receive and administer oath. a That there be a public auction.
judgement is not necessary). The false
 The false testimony is not in a judicial
testimony need not influence the acquittal 3. That in that statement or affidavit, the accused proceeding b That the accused attempted to cause the bidders to
made a wilful and deliberate assertion of a stay away from that public auction
 A defendant who voluntarily goes up on the falsehood, and 1. by falsely testifying under oath
witness stand and falsely imputes the offense c That it was done by threats, gifts, promises, or any
to another person the commission of the 4. That the sworn statement or affidavit 2. by making a false statement
other artifice.
offense is liable under this article. If he merely containing the falsity is required by law.
denies the commission of the offense, he is d That the accused had the intent to cause the
not liable. reduction of the price of the thing auctioned.
 1. combining  Acts punishable: b That the general appearance is shown in the (a)
goods themselves, or in the (b) wrapping of their
Article 186 2. conspiring a By (a) substituting the trade name (t/n) or trademark packages, or in the (c) device or words therein, or in (d)
(t/m) of some other manufacturer or dealer or a any other feature of their appearance
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF 3. agreeing with another person
colorable imitation thereof, for the t/n or t/m of the real
TRADE: c That the offender offers to sell or sells those goods or
1. to make transactions prejudicial to lawful manufacturer or dealer upon any article of commerce
and (b) selling the same. gives other persons a chance or opportunity to do the
 Acts punished: commerce
same with a like purpose.
2. to increase the market price of any b By selling or by offering for sale such article of
1. Combination to prevent free competition in d That there is actual intent to deceive the public or
merchandise or object of commerce commerce, knowing that the t/n or t/m has been
the market defraud a competitor.
manufactured, produced, processed, fraudulently used
2. By entering into a contract or agreement or assembled or imported into the Phil
c By using or substituting the service mark of some
taking part in any conspiracy or combination in
1. corporation/association other person, or a colorable imitation of such marks, in ITLE EIGHT
the form of a trust or otherwise, in restraint of
the sale or advertising of services
trade or commerce or prevent by artificial I. CRIMES AGAINST PERSONS
2. agent/representative
means free competition in the market (It is d By printing, lithographing or reproducing t/n, t/m or
enough that initial steps are taken. It is not DESTRUCTION OF LIFE
3. director/manager – who willingly permitted or service mark of one person, or a colorable limitation
necessary that there be actual restraint of failed to prevent commission of above offense thereof, to enable another person to fraudulently use the A. ELEMENTS OF PARRICIDE: (246)
trade) same, knowing the fraudulent purpose for which it is to
1. That a person is killed.
1. food substance be used.
3. Monopoly to restrain free competition in the 2. That the deceased is killed by the accused.
market 2. motor fuel or lubricants
3. That the deceased is the father, mother, or
– By monopolizing any merchandise or object of trade or 3. goods of prime necessity Article 189 child, whether legitimate or illegitimate, or a
commerce, by combining with any person or persons to
monopolize said merchandise or object in order to alter UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF legitimate other ascendant or other descendant,
the prices thereof by spreading false rumors or making TRADENAME, TRADEMARK SERVICE MARK, or the legitimate spouse of the accused.
Article 187
use of any other artifice to restrain free competition in FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE
Notes:
the market DESCRIPTION
 ELEMENTS OF IMPORTATION AND 1. The relationship of the offender with the victim
DISPOSITION OF FALSELY MARKED ARTICLES
4. Manufacturer, producer or processor or  Acts punished: is the essential element of the felony
importer combining, conspiring or agreeing OR MERCHANDISE MADE OF GOLD, SILVER,
with any person to make transactions OR OTHER PRECIOUS METALS OR THEIR a Unfair competition by selling his goods, giving them 2. Parents and children are not included in the
prejudicial to lawful commerce or to increase ALLOYS: the general appearance of the goods of another term “ascendants” or “descendants”
the market price of the merchandise. manufacturer or dealer
a That the offender imports, sells or disposes of any of 3. The other ascendant or descendant must be
those articles or merchandise.
 Person/s liable: b Fraudulent designation of origin; false description by legitimate. On the other hand, the father,
(a) affixing to his goods or using in connection with his
b That the stamps, brands, or marks or those articles or mother or child may be legitimate or illegitimate
 Crime is committed by: merchandise fails to indicate the actual fineness or
services a false designation of origin; or any false
description or representation, and (b) selling such goods 4. The child should not be less than 3 days old.
quality of said metals or alloys.
 The purpose is: or services
Otherwise, the offense is infanticide
c That the offender knows that the said stamp, brand,
c Fraudulent registration by procuring fraudulently
 Also liable as principals: or mark fails to indicate the actual fineness or quality of
5. Relationship must be alleged
from the patent office the registration of t/m, t/m or
the metals or alloys. 6. A stranger who cooperates in committing
service mark.
 Aggravated if items are:
parricide is liable for murder or homicide
1. manufacturer  ELEMENTS: 7. Even if the offender did not know that the
Article 188
2. producer a That the offender gives his goods the general person he had killed is his son, he is still liable
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, appearance of the goods of another manufacturer or
for parricide because the law does not require
3. processor OR SERVICE MARK dealer
knowledge of the relationship
4. importer
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL The principle that one is liable for the 1. The victim must be killed in order to satisfactory evidence of (1) the fact of death and

CIRCUMSTANCES consequences of his felonious act is not consummate the offense. Otherwise, it would (2) the identity of the victim

Requisites: applicable because he is not committing a felony be attempted or frustrated murder E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR

1. A legally married person or parent surprises his C. ELEMENTS OF MURDER: (248) 2. Murder will exist with only one of the HOMICIDE (250)
spouse or daughter (the latter must be under 18 1. That a person was killed. circumstances. The other circumstances are F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
and living with them) in the act of committing 2. That the accused killed him. absorbed or included in one qualifying 1. That there be several persons.
sexual intercourse with another person 3. That the killing was attended by any of the circumstance. They cannot be considered as 2. That they did not compose groups organized for
2. He/she kills any or both of them or inflicts upon following qualifying circumstances generic aggravating circumstances the common purpose of assaulting and attacking
any or both of them any serious physical injury 1. with treachery, taking advantage of 3. Any of the qualifying circumstances must be each other reciprocally.
in the act or immediately thereafter superior strength, with the aid or alleged in the information. Otherwise, they will 3. That these several persons quarreled and
3. He has not promoted or facilitated the armed men, or employing means to only be considered as generic aggravating assaulted one another in a confused and
prostitution of his wife or daughter, or that he weaken the defense or of means or circumstances tumultuous manner.
has not consented to the infidelity of the other persons to insure or afford impunity 4. Treachery and premeditation are inherent in 4. That someone was killed in the course of the
spouse. 2. in consideration of price, reward or murder with the use of poison. affray.
Notes: promise D. ELEMENTS OF HOMICIDE: (249) 5. That it cannot be ascertained who actually killed
1. Article does not define or penalize a felony 3. by means of inundation, fire, poison, 1. That a person was killed. the deceased.
2. Not necessary that the parent be legitimate explosion, shipwreck, stranding of 2. That the accused killed him without any 6. That the person or persons who inflicted serious
3. Article applies only when the daughter is single vessel, derailment or assault upon a justifying circumstances. physical injuries or who used violence can be
4. Surprise: means to come upon suddenly or street car or locomotive, fall of airship, 3. That the accused had the intention to kill, which identified.
unexpectedly by means of motor vehicles or with the is presumed. Notes:
5. Art 247 is applicable when the accused did not use of any other means involving great 4. That the killing was not attended by any of the 1. Tumultuous affray exists hen at least 4 persons
see his spouse in the act sexual intercourse with waste or ruin qualifying circumstances of murder, or by that of take part in it
another person. However, it is enough that 4. on occasion of any of the calamities parricide or infanticide. 2. When there are 2 identified groups of men who
circumstances reasonably show that the carnal enumerated in the preceding Notes: assaulted each other, there is no tumultuous
act is being committed or has been committed paragraph, or of an earthquake, 1. Intent to kill is conclusively presumed when affray
6. Sexual intercourse does not include preparatory eruption of a volcano, destructive death resulted. Hence, evidence of intent to kill 3. Persons liable are:
acts cyclone, epidemic or any other public is required only in attempted or frustrated 1. person/s who inflicted serious physical
7. Immediately thereafter: means that the calamity homicide injuries
discovery, escape, pursuit and the killing must all 5. with evident premeditation 2. There is no crime of frustrated homicide through 2. if it is not known who inflicted serious
form parts of one continuous act 6. with cruelty, by deliberately and negligence physical injuries on the deceased, all
8. The killing must be the direct by-product of the inhumanely augmenting the suffering 3. When the wounds that caused death were persons who used violence upon the
rage of the accused of the victim or outraging or scoffing at inflicted by 2 different persons, even if they person of the victim.
9. No criminal liability is incurred when less serious his person or corpse were not in conspiracy, each one of them is G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A
or slight physical injuries are inflicted. Moreover, 4. The killing is not parricide or infanticide. guilty of homicide
TUMULTOUS AFFRAY: (252)
in case third persons caught in the crossfire Notes: 4. In all crimes against persons in which the death
1. that there is a tumultuous affray as referred to
suffer physical injuries, the accused is not liable. of the victim is an element, there must be
in the preceding article.
 2. That a participant or some participants thereof 1. The offender must shoot at another with any must be of good reputation. Hence, if she is a 1. That there is a pregnant woman who has
suffer serious physical injuries or physical firearm without intention of killing him. If the prostitute, she is not entitled to a lesser penalty suffered an abortion.
injuries of a less serious nature only. firearm is not discharged at a person, the act is because she has no honor to conceal 2. That the abortion is intended.
1. that the person responsible therefor cannot be not punished under this article 4. There is no infanticide when the child was born 3. That the abortion is caused by –
identified. 2. A discharge towards the house of the victim is dead, or although born alive it could not sustain 1. the pregnant woman herself
2. That all those who appear to have used violence not discharge of firearm. On the other hand, an independent life when it was killed. 2. any other person, with her consent, or
upon the person of the offended party are firing a gun against the house of the offended K. ELEMENTS OF INTENTIONAL ABORTION: (256) 3. any of her parents, with her consent
known. party at random, not knowing in what part of 1. That there is a pregnant woman. for the purpose of concealing her
H.GIVING ASSISTANCE TO SUICIDE: (253) the house the people were, it is only alarm 2. That violence is exerted, or drugs or beverages dishonor.
 Acts punishable: under art 155. administered, or that the accused otherwise acts Notes:
1. Assisting another to commit suicide, whether 3. Usually, the purpose of the offender is only to upon such pregnant woman. 1. Liability of the pregnant woman is mitigated if
the suicide is consummated or not intimidate or frighten the offended party 3. That as a result of the use of violence or drugs or the purpose is to conceal her dishonor.
2. Lending his assistance to another to commit 4. Intent to kill is negated by the fact that the beverages upon her, or any other act of the However, there is no litigation for the parents of
suicide to the extent of doing the killing himself. distance between the victim and the offender is accused, the fetus dies, either in the womb or the pregnant women even if their purpose is to
 Notes: 200 yards after having been expelled therefrom. conceal their daughter’s dishonor
1. A person who attempts to commit suicide is not 5. A person can be held liable for discharge even if 4. That the abortion is intended. 2. In infanticide, parents can avail of the mitigating
criminally liable the gun was not pointed at the offended party L. ELEMENTS OF UNINTENTIONAL ABORTION: (257) circumstance of concealing the dishonor of their
2. A pregnant woman who tried to commit suicide when it fired for as long as it was initially aimed 1. That there is a pregnant woman. daughter. This is not so for art 258
by means of poison but instead of dying, the at or against the offended party. 2. That violence is used upon such pregnant N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN
fetus in her womb was expelled, is not liable for J. ELEMENTS OF INFANTICIDE: (255) woman without intending an abortion. OR MIDWIFE AND DISPENSING OF ABORTIVES: (259)
abortion 1. That a child was killed. 3. That the violence is intentionally exerted. 1. That there is a pregnant woman who has
3. Assistance to suicide is different from mercy- 2. That the deceased child was less than three days 4. That as a result of the violence that fetus dies, suffered an abortion.
killing. Euthanasia/mk is the practice of (72 hours) of age. either in the womb or after having been 2. That the abortion is intended.
painlessly putting to death a person suffering 3. That the accused killed the said child. expelled therefrom. 3. That the offender, who must be a physician or
from some incurable disease. In this case, the Notes: Notes: midwife, causes or assists in causing the
person does not want to die. A doctor who 1. When the offender is the father, mother or 1. Unintentional abortion can also be committed abortion.
resorts to euthanasia may be held liable for legitimate ascendant, he shall suffer the penalty through negligence 4. That said physician or midwife takes advantage
murder prescribed for parricide. If the offender is any 1. The accused can only be held liable if of his or her scientific knowledge or skill.
4. Penalty is mitigated if suicide is not successful. other person, the penalty is that for murder. In he knew that the woman was pregnant Notes:
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254) either case, the proper qualification for the 2. If there is no intention to cause 1. It is not necessary that the pharmacist knew that
1. that the offender discharges a firearm against or offense is infanticide abortion and neither was violence the abortive would be used to cause abortion.
at another person. 2. When infanticide is committed by the mother or exerted, arts 256 and 257 does not What is punished is the act of dispensing an
2. That the offender has no intention to kill that maternal grandmother in order to conceal the apply. abortive without the proper prescription. It is
person. dishonor, such fact is only mitigating M. ELEMENTS OF ABORTION PRACTICED BY THE not necessary that the abortive be actually used
 Notes: 3. The delinquent mother who claims that she WOMAN HERSELF OR BY HER PARENTS: (258)
committed the offense to conceal the dishonor
 2. If the pharmacist knew that the abortive would Kinds of Mutilation 1. becomes deformed 9. The loss of 3 incisors is a visible deformity. Loss
be used to cause abortion and abortion results, 1. Intentionally mutilating another by depriving 2. loses any other member of his body of one incisor is not. However, loss of one tooth
he is liable as an accomplice him, totally or partially, of some essential organ 3. loses the use thereof which impaired appearance is a deformity
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260) for reproduction 4. becomes ill or incapacitated for the

Acts punished: 2. Intentionally making another mutilation, i.e. performance of the work in which he 10. Deformity by loss of teeth refers to injury which

1. Killing one’s adversary in a duel lopping, clipping off any part of the body of the had been habitually engaged in for cannot be impaired by the action of the nature

2. Inflicting upon the adversary serious physical offended party, other than the essential organ more than 90 days
for reproduction, to deprive him of that part of 1. Injured person becomes ill or 11. Loss of both outer ears constitutes deformity and also
injuries
3. Making a combat although no physical injuries the body incapacitated for labor for loss of the power to hear. Meanwhile, loss of the lobule

have been inflicted Elements: more than 30 days (but not of the ear is only a deformity

Persons liable: 1. There be a castration i.e. mutilation of organs more than 90 days)

necessary for generation Notes: 12. Loss of the index and middle fingers is either a
1. Principals – person who killed or inflicted
physical injuries upon his adversary, or both 2. Mutilation is caused purposely and deliberately 1. Serious physical injuries may be committed deformity or loss of a member, not a principal one of his

combatants in any other cases Notes: through reckless imprudence or simple body or use of the same

2. Accomplices – as seconds 1. In the first kind of mutilation, the castration imprudence

2. There must be no intent to kill 13. Loss of the power to hear in the right ear is
Notes: must be made purposely. Otherwise, it will be
considered as mutilation of the second kind 3. Impotent should include inability to copulate considered as merely loss of use of some other part of the
1. Duel: a formal or regular combat previously
concerted between 2 parties in the presence of 2. Mayhem: refers to any other intentional and sterility body

2 or more seconds of lawful age on each side, mutilation 4. Blindness requires lost of vision in both eyes.

1. B. SERIOUS PHYSICAL INJURIES: (263) Mere weakness in vision is not contemplated 14. If the injury would require medical attendance for
who make the selection of arms and fix all the
other conditions of the fight How Committed 5. Loss of power to hear must involve both ears. more than 30 days, the illness of the offended party may

2. If death results, the penalty is the same as that 1. Wounding Otherwise, it will be considered as serious be considered as lasting more than 30 days. The fact that

for homicide 2. Beating physical injuries under par 3 there was medical attendance for that period of time
3. Assaulting 6. Loss of use of hand or incapacity of usual work shows that the injuries were not cured for that length of
P. CHALLENGING TO A DUEL: (261)
4. Administering injurious substances in par 2 must be permanent
Acts punishable: time
7. Par 2 refers to principal members of the body.
1. Challenging another to a duel What are serious physical injuries:
Par 3 on the other hand, covers any other 15. Under par 4, all that is required is illness or incapacity,
2. Inciting another to give or accept a challenge to 1. Injured person becomes insane, imbecile,
member which is not a principal part of the not medical attendance
a duel impotent or blind
body. In this respect, a front tooth is considered
3. Scoffing at or decrying another publicly for 2. Injured person –
as a member of the body, other than a principal 16. In determining incapacity, the injured party must have
having refused to accept a challenge to fight a 1. loses the use of speech or the power to
member an avocation at the time of the injury. Work: includes
duel hear or to smell, loses an eye, a hand,
8. Deformity: means physical ugliness, permanent
Persons liable: foot, arm or leg studies or preparation for a profession
and definite abnormality. Not curable by natural
1. Challenger 2. loses the use of any such member
means or by nature. It must be conspicuous and 17. When the category of the offense of serious physical
2. Instigators 3. becomes incapacitated for the work in
II. PHYSICAL INJURIES visible. Thus, if the scar is usually covered by a
which he had been habitually engaged injuries depends on the period of the illness or incapacity
1. A. MUTILATION: (262) dress, it would not be conspicuous and visible
3. Injured person – for labor, there must be evidence of the length of that
period. Otherwise, the offense will only be considered as 1. That the offended party is The Anti-Rape Law of 1997 (RA 8353) now classified the 2. victim under 18 years and offender is:

slight physical injuries incapacitated for labor for 10 days or crime of rape as Crime Against Personsincorporated into 1. parent
more (but not more than 30 days), or Title 8 of the RPC to be known as Chapter 3 2. ascendant
18. There is no incapacity if the injured party could still needs medical attendance for the same 3. step-parent
Elements: Rape is committed
engage in his work although less effectively than before period of time 4. guardian
1. By a man who have carnal knowledge of a
2. That the physical injuries must not be 5. relative by consanguinity or
woman under any of the following
19. Serious physical injuries is qualified when the crime is those described in the preceding affinity with the 3rd civil
circumstances:
committed against the same persons enumerated in the articles degree or
1. through force, threat or intimidation
article on parricide or when it is attended by any of the Notes: 6. common law spouse of parent
2. when the offended party is deprived of
circumstances defining the crime of murder. However, 1. Circumstances qualifying the offense: of victim
reason or otherwise unconscious
1. when there is manifest intent to insult 3. c. under the custody of the police
serious physical injuries resulting from excessive 3. by means of fraudulent machination or
or offend the injured person or military authorities or any law
chastisement by parents is not qualified serious physical grave abuse of authority
2. when there are circumstances adding enforcement or penal institution
injuries 4. when the offended party is under 12
ignominy to the offense 4. committed in full view of
years of age or is demented, even
3. when the victim is either the offender’s the spouse, parent or any of the
though none of the circumstances
parents, ascendants, guardians, children or other relatives within the
mentioned above be present
1. C. ELEMENTS OF ADMINISTERING INJURIOUS curators or teachers 3rddegree of consanguinity
5. By any person who, under any of the
SUBSTANCES OR BEVERAGES: (264) 4. when the victim is a person of rank or 5. victim is a religious engaged in
circumstances mentioned in par 1
1. That the offender inflicted upon person in authority, provided the crime legitimate religious vocation or calling
hereof, shall commit an ac of sexual
another person any serious physical is not direct assault and is personally known to be such by
assault by inserting
injury 5. It falls under this article even if there the offender before or at the time of
1. his penis into another
2. That it was done knowingly was no incapacity but the medical the commission of the crime
person’s mouth or anal
administering to him any injurious treatment was for 13 days 6. a child below 7 years old
orifice, or
substances or beverages or by taking 1. E. SLIGHT PHYSICAL INJURIES: (266) 7. g. offender knows he is afflicted
2. any instrument or object, into
advantage of his weakness of mind of 3 Kinds: with HIV or AIDS or any other sexually
the genital or anal orifice of
credulity 1. That which incapacitated the offended party for transmissible disease and the virus is
another person
3. He had no intent to kill labor from 1-9 days or required medical transmitted to the victim
Rape committed under par 1 is punishable by:
Notes: attendance during the same period 8. h. offender; member of the AFP, or
1. reclusion perpetua
1. It is frustrated murder when there is intent to 2. That which did not prevent the offended party para-military units thereof, or the PNP,
2. reclusion perpetuato DEATH when
kill from engaging in his habitual work or which did or any law enforcement agency or
1. victim became insane by reason or on
2. Administering means introducing into the body not require medical attendance (ex. Black-eye) penal institution, when the offender
the occasion of rape
the substance, thus throwing of the acid in the 3. Ill-treatment of another by deed without causing took advantage of his position to
2. b. the rape is attempted and a
face is not contemplated. any injury (ex. slapping but without causing facilitate the commission of the crime
homicide is committed by reason or on
1. D. ELEMENTS OF LESS SERIOUS PHYSICAL dishonor) 9. victim suffered permanent physical
the occasion thereof
INJURIES: (265) 1. F. RAPE (ART 355) mutilation or disability
3. DEATH when
1. homicide is committed
 10. j. the offender knew of the
pregnancy of the offended party at the
time of the commission of the crime;
and
11. k. when the offender knew of the
mental disability, emotional disorder
and/or physical handicap or the
offended party at the time of the
commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has
become insane
4. reclusion temporal to reclusion pepetua – rape is
attempted and homicide is committed
5. reclusion perpetua – homicide is committed by
reason or on occasion of rape
6. reclusion temporal – committed with any of the
10 aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments
provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is
relationship (e.g. parent etc);
mandatory death