Professional Documents
Culture Documents
Book Two: San Beda College of Law
Book Two: San Beda College of Law
BOOK TWO
Chapter One: Crimes Against National prosecuted for acts of treason due to the
Security (Arts. 114-123) temporary allegiance he owes to the
Philippine government.
Section One – Treason and espionage
MEANING OF “aid or comfort”
ART. 114-TREASON An act which strengthens or tends to
strengthen the enemy in the conduct of
ELEMENTS: war against the traitor’s country or any
1. That the offender owes allegiance to act which weakens or tends to weaken
the Government of the Philippines the power of the traitor’s country to
2. That there is a war in which the resist or to attack the enemy
Philippines is involved
3. That the offender either (modes of Ways of proving Treason (overt act):
committing) 1. Testimony of two witnesses, at least,
a.) levies war against the to the same over act (two-witness
government; or rule); or
b.) adheres to the enemies, giving 2. Confession of guilt in open court
them aid or comfort.
Adherence may be proved:
Ways of being committed 1. by one witness;
1. Levying war 2. from the nature of the act itself, or
Means that there be an actual 3. from the circumstances surrounding
assembling of men for the the act.
purpose of executing a
treasonable design by force Reason for the two-witness rule: The
2. Adherence to the enemy rendering special nature of the crime of treason
him aid and comfort requires that the accused be afforded a
Means that there be intent to special protection not required in other
betray. There is “adherence to cases so as to avoid a miscarriage of
the enemy” when a citizen justice. The extreme seriousness of the
intellectually or emotionally crime, for which death is one of the
favors the enemy and harbors penalties provided by law, and the fact
sympathies or convictions that the crime is committed in abnormal
disloyal to his country’s policy or times, when small differences may in
interest. mortal enmity wipe out all scruples in
The term “alien” applies only to sacrificing the truth.
the subjects of a foreign power.
It does not embrace rebels in Treason is a war crime, it is punished
insurrection against there own by the state as a measure of self-
country, for in that case the defense and self-preservation.
crime would be rebellion.
The levying of war must be with
Treason – is a breach of allegiance to a intent to overthrow the government
government, committed by a person who as such, not merely to resist a
owes allegiance to it. particular statute or to repeal a
particular officer.
Allegiance – is the obligation of fidelity It is not necessary that those
and obedience which the individual owe attempting to overthrow the
to the government under which they live government by force of arms should
or to their sovereign, in return for the have the apparent power to succeed
protection they receive. Hence an alien in their design, in whole or in part.
residing in the Philippines may be
TITLE TWO: CRIMES AGAINST THE 3. If the detention has continued for
FUNDAMENTAL LAW OF THE STATE more than 15 days but not more than
6 months.
All offenses in this Title are required 4. If the detention has exceeded 6
to be committed by public officers months.
except offending the religious
feelings Arrest without a warrant is the usual
cause of arbitrary detention.
Chapter One: Arbitrary Detention or
Expulsion, Violation of Dwelling,
Prohibition, Interruption, and ART. 125- DELAY IN THE DELIVERY
Dissolution of Peaceful Meeting and OF DETAINED PERSONS TO THE PROPER
Crimes Against Religious Worship (Arts. JUDICIAL AUTHORITIES
124-133)
ELEMENTS:
Section One – Arbitrary Detention and 1. That the offender is a public officer
expulsion or employee
2. That he has detained a person for
ART. 124- ARBITRARY DETENTION some legal ground ( Sec. 5, Rule 113,
Rules of Court)
ELEMENTS: 3. That he fails to deliver such person
1. That the offender is a public officer to the proper judicial authorities
or employee within:
2. That he detains a person a) 12 hrs. for light penalties or
3. That the detention is without legal their equivalent.
grounds b) 18 hrs. for correctional penalties
or their equivalent.
Detention – a person is detained when c) 36 hrs. for afflictive penalties or
he is placed in confinement or there is their equivalent.
restraint on his person.
Circumstances considered in
LEGAL GROUNDS FOR THE DETENTION determining liability of officer
OF PERSONS: detaining a person beyond legal period:
1. The commission of a crime 1. The means of communication as well
2. Violent insanity or other ailment as
requiring compulsory confinement of 2. The hour of arrest, and
the patient in a hospital 3. Other circumstances such as the
time of surrender and the material
The public officer liable for arbitrary possibility of the fiscal to make the
detention must be vested with investigation and file in time the
authority to detain or order the necessary information.
detention of persons accused of a
crime, but when they detain a MEANING OF “proper judicial
person they have no legal grounds authorities”
therefore. Refers to the courts of justice or judges
of said courts vested with judicial power
The penalty for Arbitrary Detention to order the temporary detention or
depends upon the period of detention confinement of a person charged with
involved, a greater penalty is imposed if having committed a public offense.
the period is longer as provided in the
following graduations, to wit: REASON FOR ART. 125
1. If the detention has not exceeded 3 It is intended to prevent any abuse
days. resulting from confining a person
2. If the detention has continued more without informing him of his offense and
than 3 days but not more than 15 without permitting him to go on bail.
days.
TITLE THREE: CRIMES AGAINST PUBLIC Giving aid and comfort is not
ORDER criminal in rebellion.
Not all the persons present at the Chapter Four: Assault Upon, and
meeting of the first form of illegal Resistance and Disobedience to,
assembly must be armed. Persons in Authority and their Agents
(Arts. 148-152)
ART. 147 ILLEGAL ASSOCIATIONS
PROHIBITED ASSOCIATIONS ART. 152- PERSONS IN AUTHORITY
Association totally or partially organized & AGENTS OF PERSONS IN AUTHORITY
for: PUBLIC PERSON IN AGENT OF
1. the purpose of committing any of the OFFICER AUTHORITY A PERSON
crimes punishable under the Code (PO) (PA) IN
AUTHORITY
2. some purpose contrary to public (APA)
morals Any person Any person Any person
who takes directly who, by
part in the vested with direct
Public morals – refers to matters which
performance jurisdiction, provision of
affect the interest of society and public of public whether as law or by
convenience and is not limited to good functions in an individual election or
customs the or as a by
government. member of appointment
PERSONS LIABLE: some court by
1. Founders, directors, and president of or competent
the association. governmental authority, is
corporation, charged with
board or the
2. Members of the association.
commission. maintenance
of public
order and
the
protection
First crime for which the offender is 2. that the offender either made,
serving sentence need not be a imported or uttered such coins
felony; but the second crime must 3. that in case of uttering such false or
be a felony. counterfeited coins, he connived
with the counterfeiters or importers
TITLE IV: CRIMES AGAINST PUBLIC
INTEREST “COUNTERFEITING” - means the
imitation of a legal or genuine coin.
Chapter One: Forgeries
“UTTERING” - to pass counterfeited
Section 1- Forging the Seal of the coins
Government of the Philippine Islands,
the signature or stamp of the Chief KINDS OF COINS THE COUNTERFEITING
Executive OF WHICH IS PUNISHED:
a) Silver coins of the Philippines or coin
ART. 161 – COUNTERFEITING SEAL of the Central Bank
OF GOVERNMENT, SIGNATURE AND b) Coin of the minor coinage of the
STAMP OF PRESIDENT Philippines or the Central Bank
c) Coin of the currency of a foreign
Acts punished: country
1) Forging the Great Seal of the
Government of the Philippines. Former coins withdrawn from
2) Forging the signature of the circulation maybe counterfeited
President
3) forging the stamp of the President
ART. 164 - MUTILATION OF COINS-
If the signature of the president is IMPORTATION AND UTTERANCE OF
forged, it is not falsification of MUTILATED COINS
public document
Acts Punished:
1) Mutilating coins of the legal
ART. 162- USE OF FORGED currency, with the further
SIGNATURE, COUNTERFEIT SEAL OR requirement that there be intent to
STAMP damage or to defraud another
2) Importing or uttering such mutilated
ELEMENTS: coins, with the further requirement
1. that the seal of the Republic was that there must be connivance with
counterfeited, or signature or stamp the mutilator or importer in case of
forged by another person. uttering
2. that the offender knew of the
counterfeiting or forgery “MUTILATION”- to take off part of the
3. that he used the counterfeit seal or metal either by filing it or substituting it
forged signature or stamp for another metal of inferior quality.
The coin must be of legal tender in
The offender must not be the forger mutilation
otherwise the crime committed is
forgery under Art. 161.
ART. 165 - SELLING OF FALSE OR
Section Two - Counterfeiting Coins MUTILATED COIN, WITHOUT
CONNIVANCE
ART. 163 – MAKING AND IMPORTING
AND UTTERING FALSE COINS Acts Punished:
1) Possession of coin, counterfeited or
ELEMENTS: mutilated by another with intent to
1. that there be false or counterfeited utter the same knowing that it is
coins false or mutilated
d) Officers and employees of public and body in the planning and formulation of
private offices (whether domestic or policies and programs on drug prevention
overseas) and control.
Shall be subjected to undergo a
random drug test. Any officer or Philippine Drug Enforcement Agency
employee found positive of use (PDEA) – shall serve as the implementing
of dangerous drugs shall be dealt arm of the Board, and shall be
with administratively which shall responsible for the efficient and
be a ground for suspension or effective law enforcement of all the
termination subject to the provisions on any dangerous drug and/or
provisions of Art. 282 of the controlled precursor and essential
Labor Code and pertinent chemical as provided in the Act.
provisions of the Civil Service
Law. Among the powers and duties of the
e) Officers and members of the PDEA is to prepare for prosecution or
military, police and other law cause the filing of appropriate
enforcement agencies shall undergo criminal and civil cases violation of
an annual mandatory drug test. all laws on dangerous drugs,
f) All persons charged before the controlled precursors and essential
prosecutor’s office with a criminal chemicals, and other similar
offense having an imposable penalty controlled substances, and assist,
of imprisonment of not less that six support and coordinate with other
(6) years and one (1) day shall have government agencies for the proper
to undergo a mandatory drug test. and effective prosecution of the
g) All candidates for public office same. (Sec. 84 [h])
whether appointed or elected both
in the national or local government The PDEA shall be the lead agency in
shall undergo a mandatory drug test. the investigation of any violation of
RA No. 9165. (Sec. 86, last par.)
Those found to be positive for
dangerous drugs shall be subject to TITLE SIX: CRIMES AGAINST PUBLIC
the provisions of Sec. 15 (Use of MORALS
Dangerous Drugs), which involves
rehabilitation for a minimum period Chapter One: Gambling and Betting
of 6 months for the first offense, or (Arts. 195-199)
imprisonment of 6 to 12 years for
the second offense. Arts. 195-199 and provisions of PD
483 and 449 are repealed insofar as
The privilege of suspended sentence they are inconsistent with PD 1602,
shall be availed of only once by an which provides for stiffer penalties
accused drug dependent who is a for violation of the Gambling Laws.
first-time offender over fifteen (15)
years of age at the time of the GAMBLING
commission of the violation of Is any game of chance or scheme,
Section 15 (Use of Dangerous Drugs) whether upon chance or skill,
but not more than eighteen (18) wherein wagers consisting of money,
years of age at the time when articles or value or representative of
judgment should be promulgated. value are at stake or made.
(Sec. 68)
ELEMENTS OF LOTTERY
DANGEROUS DRUGS BOARD AND 1. consideration
PHILIPPINE DRUG ENFORCEMENT 2. chance
AGENCY (ARTICLE IX) 3. prize or some advantage or
inequality in amount or value which
Dangerous Drugs Board – shall be the is in the nature of a prize.
policy-making and strategy-formulating
2. That his authority to take part in the 3. That the judgment is manifestly
performance of public functions or unjust
to perform public duties must be- 4. That it is due to his inexcusable
a) by direct provision of the law, or negligence or ignorance
b) by popular election, or
c) by appointment by competent MEANING OF “manifestly unjust
authority judgment”
It so manifestly contrary to law, that
even a person having a meager
Chapter Two: Malfeasance and knowledge of the law cannot doubt the
Misfeasance in Office (Arts. 204-212) injustice
ELEMENTS:
Chapter Five: Infidelity of Public 1. That the offender is a private
Officers (Arts. 223-230) person.
2. That the conveyance or custody of a
Section One – Disobedience, refusal of prisoner or person under arrest is
assistance, and maltreatment of confided to him.
prisoners 3. That the prisoner or person under
arrest escapes.
ART.223 – CONNIVING WITH OR 4. That the offender consents to the
CONSENTING TO EVASION escape of the prisoner or person
under arrest, or that the escape
ELEMENTS: takes place through his negligence.
1. That the offender is a public officer.
2. That he had in his custody or charge,
a prisoner, either detention prisoner ART.226 – REMOVAL CONCEALMENT,
or prisoner by final judgment. OR DESTRUCTION OF DOCUMENTS
3. That such prisoner escaped from his
custody. ELEMENTS:
4. That he was in connivance with the 1. That the offender be a public
prisoner in the latter’s escape. officer.
2. That he abstracts, destroys or
CLASSES OF PRISONER INVOLVED conceals documents or papers.
1. If the fugitive has been sentenced by 3. That the said documents or papers
final judgment to any penalty. should have been entrusted to such
2. If the fugitive is held only as public officer by reason of his office.
detention prisoner for any crime or 4. That damage, whether serious or
violation of law or municipal not, to a third party or to the public
ordinance. interest should have been caused.
Damage in this article may consist in This article punishes minor official
mere alarm to the public or in the betrayals, infidelities of little
alienation of its confidence in any consequence, affecting usually the
branch of the government service. administration of justice, executive
or official duties, or the general
interest of the public order.
ART.227 – OFFICER BREAKING SEAL
ELEMENTS OF NO. 2:
ELEMENTS: 1. That the offender is a public officer.
1. That the offender is a public Officer. 2. That he has charge of papers.
2. That he is charged with the custody 3. That those papers should not be
of papers or property. published.
3. That these papers or property are 4. That he delivers those papers or
sealed by proper authority. copies thereof to a third person.
4. That he breaks the seals or permits 5. That the delivery is wrongful.
them to be broken. 6. That damage be caused to public
interest.
Damage or intent to damage is not
necessary REVELATION OF INFIDELITY IN THE
SECRETS BY AN CUSTODY OF
OFFICER DOCUMENT OR
ART.228 – OPENING OF CLOSED PAPERS BY
DOCUMENTS REMOVING THE
SAME
ELEMENTS:
1. That the offender is a public officer. The papers contain The papers do not
2. That any closed papers, documents, secrets and therefore contain secrets but
or objects are entrusted to his should not be their removal is for an
custody. published, and the illicit purpose
public officer having
3. That he opens or permits to be charge thereof
opened said closed papers, removes and delivers
documents, or objects. them wrongfully to a
4. That he does not have the proper third person
authority.
A stranger who cooperates and takes The discovery, the escape, the
part in the commission of the crime of pursuit and the killing must all form
parricide, is not guilty of parricide but part of one continuous act
only homicide or murder, as the case
may be. The key element in parricide The accused must be a legally
is the relationship of the offender with married person.
the victim. (PEOPLE vs. DALAG, GR No. Applicable only when daughter is
129895, April 30, 2003) single.
Injured must be a participant in the Only the mother and the maternal
affray grandparents of the child are
entitled to the mitigating
ART. 253 - GIVING ASSISTANCE TO circumstance of concealing the
SUICIDE dishonor.
3. By acting, with the consent of the 3. That the offender, who must be a
pregnant woman (by administering physician or midwife, causes, or
drugs or beverages). assists in causing the abortion.
4. That said physician or midwife takes
ELEMENTS: advantage of his or her scientific
1. That there is a pregnant woman. knowledge or skill.
2. That violence is exerted, or drugs or
beverages administered, or that the As to Pharmacists, the elements are:
accused otherwise acts upon such 1. That the offender is a pharmacist.
pregnant woman. 2. That there is no proper prescription
3. That as a result of the use of from a physician.
violence or drugs or beverages upon 3. That the offender dispenses any
her, or any other act of the accused, abortive.
the foetus dies, either in the womb
or after having been expelled Section Three – Duel
therefrom
4. That the abortion is intended ART. 260 – RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
ART. 257 – UNINTENTIONAL
ABORTION It is a formal or regular combat
previously concerted between two
ELEMENTS: parties in the presence of two or more
1. That there is a pregnant woman. seconds of lawful age on each side, who
2. That violence is used upon such make the selection of arms and fix all
pregnant woman without intending other conditions of the fight.
an abortion.
3. That the violence is intentionally PUNISHABLE ACTS
exerted. 1. By killing one’s adversary in a duel.
4. That as a result of the violence the 2. By inflicting upon such adversary
foetus dies, either in the womb or physical injuries.
after having been expelled 3. By making a combat although no
therefrom. physical injuries have been inflicted.
Chapter Two: Physical Injuries (Arts. b) loses the use of any such
262-266) member, or
c) becomes incapacitated for the
ART. 262 – MUTILATION work in which he was therefore
habitually engaged, in
The lopping or the clipping of some part consequence of the physical
of the body. injuries inflicted.
3. When the person injured
TWO KINDS: a) becomes deformed, or
1. By intentionally mutilating another b) loses any other member of his
by depriving him, either totally or body, or
partially, of some essential organ for c) loses the use thereof, or
reproduction. d) becomes ill or incapacitated for
2. By intentionally making other the performance of the work in
mutilation, that is, by lopping or which he was habitually engaged
clipping off any part of the body of for more than 90 days, in
the offended party, other than the consequence of the physical
essential organ for reproduction, to injuries inflicted.
deprive him of that part of the body. 4. When the injured person becomes ill
or incapacitated for labor for more
ELEMENTS OF THE FIRST KIND: than 30 days (but must not be more
1. That there be castration, that is, than 90 days), as a result of the
mutilation of organs necessary for physical injuries inflicted.
generation, such as penis or
ovarium. There must not be intent to kill,
2. That the mutilation is caused otherwise the crime would be
purposely and deliberately, that is, homicide or murder as the case
to deprive the offended party of maybe.
some essential organ for
reproduction. Physical Injuries vs. Attempted or
Frustrated homicide
Offender must have the intention to PHYSICAL ATTEMPTED OR
deprive the offended party of a part INJURIES FRUSTRATED
of his body. HOMICIDE
The owner of the place where the 2. By any person who, under any of the
hazing is conducted shall be liable as circumstances mentioned in
an accomplice, when he has actual paragraph 1 hereof, shall commit an
knowledge of the hazing conducted act of sexual assault by inserting his
therein but failed to take any action penis into another person’s mouth or
to prevent the same from occurring. anal orifice of another person.
If the hazing is held in the home of Under R.A. 8353, the crime of rape
one of the officers or members of can now be committed by a male or
the fraternity, sorority or a female.
organization, the parents shall be
liable as principals when they have There is no crime of frustrated rape.
actual knowledge of the hazing The slightest penetration or mere
conducted therein but failed to touching of the genitals
prevent the same. consummates the crime of rape.
property or that of his family of any 3. That there is a demand for money or
wrong amounting to a crime and that other condition is imposed even
demanding money or imposing any though not unlawful.
other condition even though not 4. That the offender has attained his
unlawful, and the offender attains purpose or, that he has not attained
his purpose. his purpose.
2. By making such threat without the
offender attaining his purpose. ART. 284 - BOND FOR GOOD
3. By threatening another with the BEHAVIOR
infliction upon his person, honor or
property or that of his family of any WHEN A PERSON IS REQUIRED TO GIVE
wrong amounting to a crime, the BAIL BOND
threat not being subject to a 1. When he threatens another under
condition. the circumstances mentioned in Art.
282.
Qualifying Circumstance: 2. When he threatens another under
If threat was made in writing or through the circumstances mentioned in Art.
a middleman. 283.
force as would produce intimidation 2. Paying the wages due his laborer or
and control the will of the offended employee by means of tokens or
party. objects other than the legal tender
3. That the person that restrained the currency of the Philippines, unless
will and liberty of another had no expressly requested by such laborer
authority. or employee
SPECIAL COMPLEX CRIME: When robbery Section Two – Robbery with the use of
is attempted or frustrated but homicide force upon things
is attendant
ART. 299-ROBBERY IN AN
“Homicide” under this article is also INHABITED HOUSE/PUBLIC BUILDING
used in its generic sense, to include OR EDIFICE DEVOTED TO WORSHIP
any other unlawful killing. However,
if the killing legally constituted ELEMENTS: (Subdivision A)
murder or parricide, the offense will 1. The offender entered (a) an
continue to be covered by Art. 297 inhabited house (b) a public building
with the technical name stated or (c) an edifice devoted to religious
therein, but the penalty shall be for worship
murder or parricide because Art. 297 2. The entrance was effected by any of
states, “unless the homicide (killing) the following means:
committed shall deserve a higher a) Through an opening not
penalty under this Code.” intended for entrance or
egress;
If physical injuries were inflicted on b) By breaking any wall, roof,
the victim, but no intent to kill was floor, door, or window;
proved and the victim did not die, the c) By using false keys, picklocks
liability of the offender may be as or similar tools; or
follows:
appropriate penalty, the circular ought 3 WAYS TO COMMIT 315, NO. 2(E)
not to be a hindrance. 1) By obtaining food, refreshment or
accommodation at hotel, inn,
Prosecution under BP 22 shall be restaurant, boarding house, lodging
without prejudice to any liability for house or apartment house without
any violation in the RPC. paying thereof, with intent to
defraud the proprietor or manager
The fine under BP22 is based on the thereof
amount of the check and is without 2) By obtaining credit at any of the
regard to the amount of damage said establishments by the use of
caused. any false pretense
3) By abandoning or surreptitiously
The accused will be liable for the removing any part of his baggage
dishonor of the check even if it was from any of the said establishment
issued in payment of a preexisting after obtaining credit, food,
legal obligation as he issued that refreshment or accommodation
check “to apply on account.” therein, without paying
Chapter Seven: Chattel Mortgage (Arts. Chapter Eight: Arson and Other Crimes
319) Involving Destructions (Arts. 320-326B)
1. Personal property mortgaged under ARSON – when any person burns or sets
Chattel Mortgage Law fire to the property of another, or his
2. Offender knows such mortgage own property under circumstance which
3. He removes personal property to any expose to danger the life or property of
province or city other than the one another.
in which it was locate at the time of
the execution of the mortgage KINDS OF ARSON
4. Removal is permanent 1. Arson (Sec. 1, PD No. 1613)
5. No written consent of mortgagee, 2. Destructive arson (Art. 320, as
executors, administrators, or assigns amended by RA No. 7659)
to such removal 3. Other cases of arson (Sec. 3, PD No.
1613)
ELEMENTS: (par 2)
1. Personal property pledged under DESTRUCTIVE ARSON
Chattel Mortgage Law. Burning of:
2. Offender, who is the mortgagor, sells 1) Any ammunition factory and other
or pledges the same property or any establishment where explosives,
part thereof inflammable or combustible
3. No consent of mortgagee written at materials are stored
the back of the mortgage and noted 2) Any archive, museum, whether
on the record thereof in the Office public or private, or any edifice
of the Register of Deeds devoted to culture, education or
social services
Damage to the mortgagee not 3) Any train, airplane or any aircraft,
essential vessel of watercraft, or conveyance
for transportation of persons or
Art. 319 distinguished from estafa (Art. property
316) by disposing of encumbered 4) Any church or place of worship or
property other building where people usually
ART. 319 ART. 316 (PAR. 2) assemble
The property The property 5) Any building where evidence is kept
involved is personal involved is real for use in any legislative, judicial,
property. property. administrative or other official
Selling or pledging of To constitute estafa, proceeding
personal property it is sufficient that 6) Any hospital, hotel, dormitory,
already pledged or the real mortgaged
mortgaged is lodging house, housing tenement,
be sold as free, even
committed by the though the vendor shopping center, public or private
mere failure to obtain may have obtained market, theater or movie house or
the consent of the the consent of the any similar place or building
mortgagee in writing, 7) Any building, whether used as a
mortgagee in writing.
even if the offender
should inform the
dwelling or not, situated in a
purchaser that the populated or congested area
thing sold is
mortgaged. OTHER CASES OF ARSON
The purpose of the The purpose is to Burning of:
law is to protect the protect the purchaser, 1) Any building used as offices of the
mortgagee. whether the first or
the second.
Government or any of its agencies
2) Any inhabited house or dwelling
When there is fire, the crime Any person who shall damage
committed is either frustrated or any railway, telegraph or telephone
consummated arson, never lines.
attempted.
The offense is qualified if the
Mere conspiracy to commit arson is damage shall result in the derailment of
punishable. cars, collision or other accident.
There is no complex crime of arson Art. 330 does not apply when the
with homicide. telegraph or telephone do not
pertain to railways
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with
a man not her husband
Art. 276 distinguished from Art. 347 ART. 350 – MARRIAGE CONTRACTED
ART. 276 ART. 347 AGAINST PROVISIONS OF LAWS.