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Crim Law Crimes Table Title 1 - 14 PDF
Crim Law Crimes Table Title 1 - 14 PDF
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title One
Crimes Against National Security and Laws of the Nations National Security
114: Treason Offender: Filipino Citizen or Resident alien Alien residing here Treason Absorbs crimes I- treachery, abuse
No formal declaration of war Treason committed in of superior strength
furtherance evident
There is a war which the Philippines is involved. Mere internal conflict/ causing thereof premeditation;
disturbance in the country Sedition conspiracy/
Offender either: Not in proposal to commit
1) levies war against the govt furtherance: treason
2) adheres to the enemies by giving them aid AND separate
comfort
A- ignominy, cruelty,
Committed where: amount of degree of
1) FC: anywhere aid, gravity of
2) RA: in the Phil only separate distinct acts
or reason
115: Conspiracy to Committed during time of war
Commit Treason Two or more persons One only Yung totoo! :D
Come to an agreement to levy war against the govt
or to adhere to the enemies and to give them air or
comfort and decide to commit it.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
118: Espionage
Two ways of committing: during time of peace/ war
FIRST:
Offender ( citizen or foreigner) enters a warship; fort; Foreigner Espionage
a military; or naval establishment or reservation
That he has no authority
Purpose: to obtain information, plans, photo, other Not obtained Espionage
data of a confidential nature relative to the defense
of the Philippines
SECOND
Offender is a public officer
That he has in his possession the articles, data, or
information obtain information confidential nature
relative to the defense of the Philippines BY REASON
of his public office
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Acts punished
1. Unlawfully obtaining or permitting to be obtained information affecting national defense;
2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in times of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections; and
6. Harboring or concealing violators of law.
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
120: Correspondence
with hostile country That there is a war in which the Philippines is involved
Offender makes correspondence:
a) enemy country
b) territory occupied by the enemy troops
Correspondence is EITHER: Innocent matters and there is Still 120
a) prohibited by the govt prohibition
b) carries in ciphers or conventional signs
c) contains notice or information which might be useful No prohibition but carries in Still 120
to the enemy ciphers/ conventional signs
Section Three: Piracy and Mutiny on the high seas in the Philippines
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate
treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.
Aiding or abetting of 1. knowingly aids or protects pirates
piracy 2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom.
3. directly or indirectly abets the commission of piracy
123: qualified piracy 1. offenders have seized the vessel by boarding or Regardless of
firing the same number of
2. abandoned their victims without means of saving victims: it is one
themselves SPECIAL
3. murder/ homicide/ physical injuries/ rape COMPLEX
CRIME
Qualified mutiny 2. abandoned their victims without means of saving
themselves
3. murder/ homicide/ physical injuries/ rape
RA 6235 Anti-hijacking law
Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Two
Crimes Against the Fundamental Law of the State
Chapter One
Arbitrary Detention or Expulsion, Violation of dwelling, prohibition, interruption,
and dissolution of peaceful meeting and crimes against Religious Worship
124: Abritrary
Detention Offender is a public officer or employee Not public officer vested with Illegal detention Unlawful arrest
authority or not in duty
Has authority to arrest and detain Feigned to arrest a person Unlawful arrest
without any legal cause to
deliver him to authories
He detains a person ( Physical or Psychological
retraint)
Detention is without legal grounds Legal grounds: No crime
Commission of crime/ violent
insanity/ hospital confinement
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
125: delay in the Offender is a public officer or employee Made by a private individual Illegal detention
delivery of detained He has detained a person for some legal ground Has a warrant of arrest No crime
person to the proper Illegal from the beginning Arbitrary detention
judicial authorities He fails to deliver such person to the proper judicial
authorities within:
a) 12 hours- light penalties
b) 18 hours- correctional penalties
c) 36 hours- afflictive penalties
126: delaying Offender is a public officer or employee
release That there is a
a) judicial or executive order for the release of a
prisoner or detention prisoner or
b) that there is a proceeding upon a petition for the
liberation of such person.
Offender without good reason delays either:
a) service of the notice or such order or release to the
prisoner
b) performance of such judicial or executive order for
the release of prisoner
c) proceedings upon petition for the release of such
person.
127: expulsion Offender is a public officer or employee
He expels any person from the ph or compels a Expropriation or penalty is No crime
person to change his residence destierro
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
128: violation of Offender is a public officer or employee Private individual or public Trespass to dwelling
domicile officer who has no authority to
effect search and seizure
He is not authorized by judicial order to enter the Has warrant but maliciously 129
dwelling and or to make the search for the papers obtained
and other effects.
That he:
a) entered any dwelling against the will of the owner not lawful occupant No crime
( no consent + objection).
b) searched paper or other effects found therein paper/ effects not found in No crime
without consent of such owner (lack of consent) the dwelling
c) refuses to leave the premises after having Entered into a door not for Still 128
surreptitiously entered said dwelling and after having entry
been required to leave
Qualifying: Qualified Violation of
1) night time Domicile
2) if any or effects not
constituting evidence of a
crime are not returned
immediately after a search is
made by the offender
129: search warrant Offender is a public officer
maliciously obtained He procures search warrant Through falsification of 129 AND perjury
affidavit
Violation of domicile
No warrant
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
No just cause
Abuse in the service
of those legally Offender is a public officer of employee
obtained He has legally procured a search warrant
He exceeds his authority or uses unnecessary severity
in executing the same
130: searching
domicile without Public officer or employee Not in the dwelling No crime
witnesses Armed with a search warrant legally procured
He searches domicile papers, or other belongings of
any person
Owner or any member of his family or 2 witnesses
residing in the same locality are not present
131: prohibition,
interruption, and Offender is a public officer or employee
dissolution of Stranger Still 131
peaceful meetings
Participant Unjust vexation
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Three
Crimes Against Public Order
Title Three
Crimes Against Public Order
Chapter One
Rebellion, Coup d’etat, Sedition, and Disloyalty
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
thereof
Mere silence of knowledge of No crime
Rebellion Not in
For the purpose: No evidence of purpose Sedition or kidnapping furtherance:
a) removing the allegiance to said govt or its law separate
- the ph territory or any part thereof Minor purpose insurrection
- any body of land, naval or other armed forces violation of allegiance treason
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give
in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of
parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
135: penalty for Persons liable for rebellion, insurrection or coup d' etat under Article 135
rebellion/ 1.The leaders –
insurrection/ coup a.Any person who promotes, maintains or heads a rebellion or insurrection; or
d’etat b.Any person who leads, directs or commands others to undertake a coup d' etat;
2.The participants – eg, assistant
a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat;
b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat.
136: conspiracy and There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the
proposal to commit purposes of rebellion and decide to commit it.
rebellion, insurrection
or coup d’eata There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of
rebellion proposes its execution to some other person or persons.
137: disloyalty of
public officers or Public officer or employee Conspires with rebels rebellion
employees There is rebellion committed by other persons
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Two
Crimes Against Popular Representation
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Three
Illegal Assemblies and Associations
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Four
Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents
152: persons in A person in authority (PIA) is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws.
authority and agents
in persons in authority An agent of a person in authority (APA) is one charged with
(1) the maintenance of public order and
(2) the protection and security of life and property.
-person who comes to the aid of PIA is considered an agent of person in authority
Public Officer: any person who takes part in the performance of public functions in the govt
148: direct assault
Two ways of committing Offender is also a PIA or APA Coercion or Physical
in the performance of official injuries
duties
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
DA APA Serious
Not serious Art 151. Resistance/disobedience
Private individual ( becomes Serious 148. DA 2nd kind
APA)
PIA Not serious Art 151. Resistance/disobedience
APA Regardless PIA Regardless 148. DA 2nd kind
DA APA Serious 148. DA 2nd kind
Not serious Art 151. Resistance/disobedience
Private indivl regardless 149.IA
Resistance/ disobedience APA Serious 148. DA 2nd kind
Not serious Art 151. Resistance/disobedience
Regardless Private Indvl ( does not regardless Physical injuries or coercion
become APA)
Note:
Person comes to the aid of PIA- becomes APA
Person comes to the aid of APA- does not become APA
150: disobedience to Acts Punished:
summons issues by the
national assembly, its 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and
committees or its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses;
subcommittees, by the
constitutional 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;
commission, its
committees, 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the
subcommittee or exercise of their functions;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
divisions
4. By restraining another from attending as a witness in such legislative or constitutional body;
Chapter Five
Public Disorders
153: tumults and Acts punished: If done with the idea Inciting to sedition or Can be
other disturbances of afterthought of inducing his rebellion complxed with
public order 1. Causing any serious disturbance in a public hearers or readers to commit DA if the
place, office or establishment; the crime of rebellion or tumults and
2. Interrupting or disturbing performances, sedition. disturbances of
functions or gatherings, or peaceful meetings, if the public order
act is not included in Articles 131 and 132; Committed by a stranger or Still 153 are directed
3. Making any outcry tending to incite rebellion public officer who is a against PIA or
or sedition in any meeting, association or public place; participant APA.
4. Displaying placards or emblems which Qualified Art 153
provoke a disturbance of public order in such place; Public officer
5. Burying with pomp the body of a person who Art 131-2
has been legally executed. disturbance or interruption of
a tumultuous character.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
156: delivering There is a person confined in jail Confined in hospital or asylum Art 156
prisoners from jail That the offender removes therefrom such person, or Offender is a public officer Art 223. Infidelity in the
helps him escape. who is actually and presently custody of a prisoner
LIABILITY OF ONE in custody or charge of the
WHO prisoner LIABILITY OF ONE WHO ESCAPES:
HELPS/REMOVES
PRISONER. But is escapee is serving Detention prisoner: NO LIABILITY
sentence of treason, murder, Accessory thereof. CONVICT by FINAL JUDGEMENT:
parricide evasion of service of sentence. Art.
157.
IF DELIVERY OF PRISONER BRIBER: corruption of PO
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
PRISONER: evasion of
service (Art 157)
Chapter Six
Evasion of Service of Sentence
2. By breaking doors,
windows, gates, walls, roofs or
floors;
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Seven
Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
160: Commission of That offender was already convicted by final First crime violated a special Still Art. 160. It is special
another crime during judgment of one offense law aggravating
the service of penalty circumstance
imposed for another
previous offense That he committed a new felony before beginning to
(quasi-recidivism) serve such sentence or while serving the same
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Four
Crimes Against Public Interest
Chapter One
Forgeries
Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive
163: making and That there be false or counterfeited coins False coin currency of foreign Art 163
importing and country
uttering false coins
Former coins withdrawn from
circulation
That the offender either made, imported, or uttered
such coins
That in case of uttering such false or counterfeited
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
securities; Importing 2) Importation of the same (bringing in Ph O/N connection with Art 171
and Uttering the same forged or falsified outside) of RPC.
3) uttering the same in connivance with forgers or
importers
167: counterfeiting, That the be an instrument payable to order or other
importing and document of credit not payable to bearer
uttering instrument not That offender either forged imported or uttered such Utterer is the forger Forgery
payable to bearer instrument
That in case of uttering, he connived with the importer
or forger
168: illegal That the treasury or bank note or certificate or other Mere possession of false No crime
possession and use of obligation and securities payable to bearer or any treasury or bank notes
false treasury or bank instrument payable to the order or other document of
notes and other credit not payable to bearer is forged or falsified by
instruments of credit another
That the offender knows that any of these instruments
is forged or falsified
That he performs any of these acts:
a) using any of such forged or falsified instrument OR
b) possessing with intent to use, any of the forged or
falsified document
169: How forgery is 1. By giving to a treasury or bank note or any Defacement mutilation tearing PD 247
committed instrument payable to bearer or to order mentioned burning or destroying of the
therein, the appearance of a true and genuine CB notes and coins
document;
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
SEC. 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted,
thereby making them appear to have originated from legitimate sources. It is committed by the following:
"(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or property.
"(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a
result of which he facilitates the offense of money laundering referred to in paragraph (a) above.
"(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering
Council (AMLC), fails to do so."
"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos
(P500,000.00) within one (1) banking day."
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist:
"1. there is no underlying legal or trade obligation, purpose or economic justification;
"2. the client is not properly identified;
"3. the amount involved is not commensurate with the business or financial capacity of the client;
"4. taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting
requirements under the Act;
"5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client’s past transactions with the
covered institution;
"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or
"7. any transaction that is similar or analogous to any of the foregoing."
Unlawful Activity:
SEC. 3. Section 3(i) of the same Act is further amended to read as follows:
"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following:
"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
"(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages
170: Falsification of That there be a bill, resolution or ordinance enacted Other acts of falsification Art 171 or 172
Legislative Documents or approved or pending approval by either House of
Legislature or any provincial board or municipal
council
The offender alters the same
That he has no proper authority therefor
That alteration changed the meaning of the document
Offender is private invdl or Public officer
171: Falsification by That the offender is a public officer, employee or
public officer, notary public of ecclesiastical minister
employee or natary That he takes advantage of his official position when If does not take advantage Art 172. Falsification of
or ecclesiastical a) he has the duty to make or prepare or otherwise public document by a
minister intervene in the preparation of document private individual
b) he has the official custody of the document which
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
he falsified
Offender falsifies a document
8 modes:
He falsifies a document by
committing any of the following
acts:
1267: GENUINE document ELEMENTS:
others: simulating or fabricating a
document. a. there is an intent to imitate or an
attempt to imitate
b. two signatures or handwritings, the
1. Counterfeiting or imitating any genuine and the forged bear some
handwriting, signature or rubric; resemblance.
No ATTEMPT ( so that they are Liable under Art 170 (2)
entirely unlike the genuine
a) that the offender caused it to appear signature)
in a document that a person/s
participated in an act of proceeding
2. Causing it to appear that b) such persons did not in fact so
persons have participated in any participate in the act or proceeding
act or proceeding when they did
not in fact so participate;
a) that a person/s participated in an act
or proceeding
3. Attributing to persons who have b) that such person/s made statements in
participated in an act or that act or proceeding
proceeding statements other than c) that the offender in making a
those in fact made by them; document, attributed to such person,
statements other than those in facts
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
4. Making untruthful statements in a a) that the offender makes a document Narration. Not conclusion of
narration of facts; statements in a narration of facts law. No crime.
b) that he has the legal obligation to
disclose the truth of the facts narrated Not absolutely wrong. There is
by him some colorable truth. Perjury
c) that the facts narrated by the
offender are absolutely false If false narration is in an
d) that the perversion of truth in the affidavit or statement
narration of facts was made with the required by law. Falsification
wrongful intent of injuring a 3rd person.
5. Altering true dates;
a) Must affect either the veracity or Alteration of dates in official
documents or the effects thereof. receipts to prevent discover of
malversation. Means to
6. Making any alteration or conceal.
intercalation in a genuine document a) that there be an alteration or
which changes its meaning; intercalation on a document.
b) that it was made on a genuine
document.
c) that the alteration or intercalation has
changed the meaning of the document.
d) that the change made the document Can’t commit this crime.
speak something false.
7. Issuing in an authenticated form
a document purporting to be a
copy of an original document when Private individual or notary
no such original exists, or including public or public officer who
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section Five: Falsification of Medical Certificates, Certificates of Merit or service and the Like
2)Public officer who issued a false certificate of merit False Cerificate or Merit
or service, good conduct or similar circumstances or Service by a Public
Officer
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section Six: Manufacturing, Importing and Possession of instruments or Implements Intended for the Commission of Falsification
176: Manufacturing Acts punished: Incomplete ser of materials for Still Art 175
and possession of 1. making or introducing into the Philippines any counterfeiting
instruments and stamps, dies, marks, or other instruments or implements
implements for for the counterfeiting of falsification Constructive possession Still 175
falsification
2. possessing with intent to use the instruments or
implements for counterfeiting or falsification made in
or introduced into the Philippines by another person.
Chapter Two
Other Falsities
Section One: Usurpation of Authority, Rank, Title and Improper use of Names, Uniforms, and Insignia
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
GR: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was
registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.
Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally
accepted practice.
179: Illegal Use of That the offender makes use of insignia, uniform, or Not exact imitation Still 179
Uniforms or Insignia dress
Manufacture, sale, distribution EO 297
and use of PNP uniforms,
insignias, and other
accoutrements
The insignia, uniform, dress pertains to an office not Imaginary office No crime
held by the offender or to a class of persons of which
he is not a member AFP or Consbulary Ra 493
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
That the offender testifies falsely under oath against Court does not consider Still 180
the defendant therein testimony
Incomplete No crime
That the offender who gives false testimony knows Good faith No crime
that it is false
That the defendant against whom the false testimony
is given is either acquitted or convicted in final
judgment
181: false testimony A person gives false testimony; Defendant himself and Still 181
favorable to imputes another
defendant
Rectified mistakes right after No crime
giving it
In favor of the defendant;
Criminal case Acquitted/ convicted Still 181
182: false testimony Testimony given in a civil case Given in a special proceeding 182 not applicable
in civil cases Related to the issue presented in the case
Testimony is false
Defendant knows it is false
Testimony must be malicious and given with an intent
to affect the issues presented in said case
183: perjury Two ways of committing: Good faith No crime
First: falsely testifying under oath
Second: making false affidavit
Offender makes a statement under oath or executes Not material Not perjury
an affidavit upon a material matter;
The statement or affidavit is made before a
competent officer, authorized to receive and
administer oaths;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Three
Frauds
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise;
2. In restraint of trade or commerce or to prevent by
artificial means free competition in the market.
Elements
1. By monopolizing any merchandise or object of
trade or commerce, or by combining with any other
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements
1. Manufacturer, producer, processor or importer of
any merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price of
any merchandise or object of commerce
manufactured, produced, processed, assembled or
imported into the Philippines.
187: Importation and That the offender imports, sells, or disposes any of
Disposition of Falsely those articles or merchandise
marked articles or That the stamps, brands, or marks of those articles or Manufacturer of misbranded Estafa Art 315 2(b)
merchandise made of merchandise fail to indicate the actual fineness or articles
gold, silver, or other quality of said metal or alloy
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
precious metals or That the offender knows that the stamps, brands, or
their alloys marks fail to indicate the actual fines of quality or
said metal or alloy
188-189 reapeled Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Power and
by RA 8293 Functions, and for Other Purposes)
Infringement. – Any person who shall, without the consent of the owner of the registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature
thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry
out the sale of any goods or services on or in connection with which such use is likely to course confusion, or to cause mistake, or to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy
or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisement intended to be used in commerce upon or in connection with
the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, that the infringement
takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or
services using the infringing material.
Unfair Competition
168.1. Any person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether
or not a registered mark is employed, has a property right in the goodwill of the said goods, business or service so identified, which will be protected in the
same manner as other property rights.
168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in
which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said
result, shall be guilty of unfair competition, and shall be subject to an action therefor.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair
competition:
(a) Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, on in any other feature or their appearance,
which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer
or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose; or
(b) Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the
services of another who ahs identified such services in the mind of the public; or
(c) Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature
calculated to discredit the goods, business or services of another.
168.4. The remedies provided by Section 156, 157 and 161 shall apply mutatis mutandis.
169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or
device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact,
which:
(a) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as
to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or
(b) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's
goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Section 156 and 157 of this Act by any
person who believes that he or she is or likely to be damaged by such act.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Five
Crimes Relate to Opium and Other Prohibited Drugs
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 6. Maintenance of a Den, Dive or Resort.
Section 7. Employees and Visitors of a Den, Dive or Resort.
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
ARTICLE II: Unlawful Acts and Penalties
Section 11. Possession of Dangerous Drugs
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 15. Use of Dangerous Drugs.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 18. Unnecessary Prescription of Dangerous Drugs.
Section 19. Unlawful Prescription of Dangerous Drugs.
Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law
to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of
the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties
Obtained from the Unlawful Act Committed. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies
or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or –
controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. – In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under
the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall,
after service of sentence, be deported immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board
pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described
above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information
or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights
and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this
Act.
Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not
limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.
Title Six
Crimes Against Public Morals
Chapter One
Gambling and Betting
1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11
and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino
and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms
of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or
percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building,
vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
frequently carried on therein, or the place is a public or government building or barangay hall, the malfactor shall be punished by prision correccional in its maximum period and a
fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or
banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point
shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are
being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated:
a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest.
b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the
basis of the honest playing skill or ability of the players or participants.
c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points
or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races
or sport contest.
Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the
games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as
may be authorized by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team,
individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum
period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of
insolvency at the discretion of the court.
c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty
provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be
deported.
Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the
National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted
except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense.
Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into
specific land uses as present and future projection of needs warrant.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight
and thereafter distributes won bets to the winners after deducting a certain commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.
(e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by
announcing the winner or declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses
his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.
Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the Chief of
Constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed
under Section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as amended.
Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable
every year on their birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed
gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree.
Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be
punished as follows:
a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner,
manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the
premises of cockfights during cockfights.
b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with
subsidiary imprisonment in case of insolvency, in case of any other offender.
Chapter Two
Offenses Against Decency and Good Customs
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
view
201: Immoral Acts punished
doctrines, obsence
publications and 1. Those who shall publicly expound or proclaim
exhibitions and doctrines openly contrary to public morals;
indecent shows
2. a. The authors of obscene literature, Mere possession No crime
published with their knowledge in any form, the
editors publishing such literature; and the If printer’s name is NOT Art 200 and Illegal
owners/operators of the establishment selling the divulged publication
same;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including
the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking
or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced
labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Title Seven
Crimes Committed by Public Officers
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter One
Preliminary Provisions
203: Who are Public Taking part in the performance of public functions in Temporary performance of Public officer
Officers the govt or performing in said govt or in any of its public functions by a laborer
branches public duties as employee, agent, or
subordinate official, of any rank or class
That his authority to take part in the performance of
public functions or to performs public duties must be:
a) by direct provision of law
b) by popular election
c) by appointment by competent authority
Chapter Two
Malfeasance and Misfeasance in Office
204: knowingly Offender is a judge Judge of a collegiate court Art 204 has no
redering unjust application
judgment He renders a judgment in a case submitted to him for
decision
That the judgment is unjust ( there must be SC decision)
That the judge knows that his judgment is unjust Mere error in good faith No crime
205: Judgment Offender is a judge
rendered through He renders a judgment in a case submitted to him for
negligence decision
That the judgment is manifestly unjust ( no need SC
decision)
That it is due to his inexcusable negligence or Abuse of discretion or mere No crime
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
ignorance error
206: Unjust Offender is a judge
interlocutory order He performs any of the following acts:
a) knowingly renders unjust interlocutory order or
decree
b) renders a manifestly unjust interlocutory order or
decree through in excusable negligence or ignorance
207: Malicious delay Offender is a judge
in the administration There is a proceeding in court
of justice He delays the administration of justice
The delay is malicious, that is, the delay is caused by Without malice No crime
the judge with the deliberate intent to inflict damage
on either party in the case Without malice BUT with gross RA 2019 Sec 3(e)
negligence
208: Prosecution of Offender is a public officer or officer of the law who
offenses; negligence has a duty to cause the prosecution of or to prosecute
and tolerance offenses
That knowing the commission of the crime, Officer who has custody of Dereliction of duty
a) he does not cause the prosecution of the criminal or accused and assists in escape (
b) knowing that a crime is about to be committed he act of accessory)
tolerates its commission
Person who solicits, accepts, or PD 1829. Obstruction of
agrees to accept any benefit justice
in consideration of abstaining
from, discounting or impeding
the prosecution
That offender act with malice and deliberate intent to
favor the violator of law
209: betrayal of trust
by an attorney or Act punished:
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
2. revealing any secret of his client learned by him in No damage Still Art 209 2nd mode
his professional capacity
3. undertaking the defense of the opposing party in With client’s consent No crime
the same case without the consent of his first client
after having undertaken the defense of said first
client or after having received confidential
information from said client
a) with a view to committing some crime Mere agreement Consummated DB 1st mode
Agreed and committed the Consummated DB 1st mode +
crime committed
crime
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
c) to refrain from doing something which it is his Mere agreement Consummated DB 3rd mode
official duty to do Amounts to crime by omission Consummated DB 1st mode
That the act which the offender agrees to perform or
which he executes be connected with the performance
of his official duties.
211: Indirect Bribery Offender is a public officer
He accepts gift
That said gifts are offered to him by reason of his Acceptance Consummated IB
office
Sort of agreement IB
Agreement DB
No agreement IB
PD 46 MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE,
AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private
persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable
thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a
favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition
is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives
211-A: Qualified That the offender is a public officer entrusted with
bribery law enforcement
Offender refrains from arresting or prosecuting an Offender who has committed Art 208 Prosecution of
offender who has committed a crime punishable by less than reclusion perpetua offenses; negligence and
reclusion perpetua to death tolerance AND DB
That offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift, or
present.
212: Corruption of That the offender makes offers or promises or give
Public Officials gifts or presents to a public officer
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
That the offers or promises are made or the gifts or Officer accepts Attempted
presents given to a public officer, under the
circumstances that will make the public officer liable Officers rejects Attempted
for direct/ indirect bribery
PD 749 (informant) Immune from prosecution
The decree grants immunity from prosecution to a private person or public officer who shall voluntarily give information and testify in a case of bribery or in
a case involving a violation of the Anti-graft and Corrupt Practices Act.
(1) He voluntarily discloses the transaction he had with the public officer constituting direct or indirect bribery, or any other corrupt transaction;
(2) He must willingly testify against the public officer involved in the case to be filed against the latter.
Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver. Before trial, prosecutor may move for dropping
bribe-giver from information and be granted immunity. But first, five conditions have to be met:
These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure.
The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave voluntarily the testimony. If there were other
transactions where the informant also participated, he is not immune from prosecution. The immunity in one transaction does not extend to other transactions.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
The immunity attaches only if the information given turns out to be true and correct. If the same is false, the public officer may even file criminal and civil
actions against the informant for perjury and the immunity under the decree will not protect him.
RA 3019
Anti Graft and Corrupt Practices Act
(0RTEGA notes)
The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service does not amount to bribery, but will amount to a violation of the Anti-
graft and Corrupt Practices Act.
Illustration:
A court secretary received P500 .00 from a litigant to set a motion for an early hearing. This is direct bribery even if the act to be performed is within his official duty so long as he
received a consideration therefor.
If the secretary persuaded the judge to make a favorable resolution, even if the judge did not do so, this constitutes a violation of Anti-Graft and Corrupt Practices Act, Sub-Section A.
Under the Anti-Graft and Corrupt Practices Act, particularly Section 3, there are several acts defined as corrupt practices. Some of them are mere repetitions of the act already penalized
under the Revised Penal Code, like prohibited transactions under Article 215 and 216. In such a case, the act or omission remains to be mala in se.
But there are acts penalized under the Anti-Graft and Corrupt Practices Act which are not penalized under the Revised Penal Code. Those acts may be considered as mala prohibita.
Therefore, good faith is not a defense.
Illustration:
Section 3 (e) of the Anti-Graft and Corrupt Practices Act – causing undue injury to the government or a private party by giving unwarranted benefit to the party whom does not deserve
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
the same.
In this case, good faith is not a defense because it is in the nature of a malum prohibitum. Criminal intent on the part of the offender is not required. It is enough that he performed the
prohibited act voluntarily. Even though the prohibited act may have benefited the government. The crime is still committed because the law is not after the effect of the act as long as the
act is prohibited.
Section 3 (g) of the Anti-Graft and Corrupt Practices Act – where a public officer entered into a contract for the government which is manifestly disadvantageous to the government even
if he did not profit from the transaction, a violation of the Anti-Graft and Corrupt Practices Act is committed.
If a public officer, with his office and a private enterprise had a transaction and he allows a relative or member of his family to accept employment in that enterprise, good faith is not a
defense because it is a malum prohibitum. It is enough that that the act was performed.
Where the public officer is a member of the board, panel or group who is to act on an application of a contract and the act involved one of discretion, any public officer who is a member
of that board, panel or group, even though he voted against the approval of the application, as long as he has an interest in that business enterprise whose application is pending before
that board, panel or group, the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. His only course of action to avoid prosecution under the
Anti-graft and Corrupt Practices Act is to sell his interest in the enterprise which has filed an application before that board, panel or group where he is a member. Or otherwise, he should
resign from his public position.
Illustration:
Sen. Dominador Aytono had an interest in the Iligan Steel Mills, which at that time was being subject of an investigation by the Senate Committee of which he was a chairman. He was
threatened with prosecution under Republic Act No. 3019 so he was compelled to sell all his interest in that steel mill; there is no defense. Because the law says so, even if he voted against
it, he commits a violation thereof.
These cases are filed with the Ombudsman and not with the regular prosecutor’s office. Jurisdiction is exclusively with the Sandiganbayan. The accused public officer must be suspended
when the case is already filed with the Sandiganbayan.
Under the Anti-Graft and Corrupt Practices Act, the public officer who is accused should not be automatically suspended upon the filing of the information in court. It is the court which will
order the suspension of the public officer and not the superior of that public officer. As long as the court has not ordered the suspension of the public officer involved, the superior of that
public officer is not authorized to order the suspension simply because of the violation of the Anti-Graft and Corrupt Practices Act. The court will not order the suspension of the public
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
officer without first passing upon the validity of the information filed in court. Without a hearing, the suspension would be null and void for being violative of due process.
Illustration:
A public officer was assigned to direct traffic in a very busy corner. While there, he caught a thief in the act of lifting the wallet of a pedestrian. As he could not leave his post, he
summoned a civilian to deliver the thief to the precinct. The civilian agreed so he left with the thief. When they were beyond the view of the policeman, the civilian allowed the thief to go
home. What would be the liability of the public officer?
The liability of the traffic policeman would be merely administrative. The civilian has no liability at all.
Firstly, the offender is not yet a prisoner so there is no accountability yet. The term “prisoner” refers to one who is already booked and incarcerated no matter how short the time may be.
The policeman could not be said as having assisted the escape of the offender because as the problem says, he is assigned to direct traffic in a busy corner street. So he cannot be
considered as falling under the third 3rd paragraph of Article 19 that would constitute his as an accessory.
The same is true with the civilian because the crime committed by the offender, which is snatching or a kind of robbery or theft as the case may be, is not one of those crimes mentioned
under the third paragraph of Article 19 of the Revised Penal Code.
Where the public officer is still incumbent, the prosecution shall be with the Ombudsman.
Where the respondent is separated from service and the period has not yet prescribed, the information shall be filed in any prosecution’s office in the city where the respondent resides.
The prosecution shall file the case in the Regional Trial Court unless the violation carries a penalty higher than prision correccional, in which case the Sandiganbayan has jurisdiction.
The fact that the government benefited out of the prohibited act is no defense at all, the violation being mala prohibita.
Section 3 (f) of the Anti-Graft and Corrupt Practices Act – where the public officer neglects or refuses to act on a matter pending before him for the purpose of obtaining any pecuniary
or material benefit or advantage in favor of or discriminating against another interested party.
The law itself additionally requires that the accused’s dereliction, besides being without justification, must be for the purpose of obtaining from any person interested in the matter some
pecuniary or material benefit or for the purpose of favoring any interested party, or discriminating against another interested party. This element is indispensable.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
In other words, the neglect or refusal to act must motivated by gain or benefit, or purposely to favor the other interested party as held in Coronado v. SB, decided on August 18, 1993.
RA 7080
Anti- Plunder Act
(ORTEGA notes)
Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991. This crime somehow modified certain crimes in the Revised Penal Code
insofar as the overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery (Articles 210, 211,
211-A), fraud against the public treasury [Article 213], other frauds (Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total value of
P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua to death.
Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the Anti-Graft and Corrupt Practices Act.
Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt act.
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection
with any government contract or project by reason of the office or position of the public officer;
(3) By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any of its subdivisions, agencies or instrumentalities or government-owned
or controlled corporations and their subsidiaries;
(4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future
employment in any business or undertaking;
(5) By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons
or special interests; or
(6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and
prejudice of the Filipino people, and the Republic of the Philippines.
While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that “in the imposition of penalties, the degree of participation and the attendance of mitigating and
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Three
Frauds and Illegal Exactions and Transactions
2. Illegal Exaction
Mere demand Consummated Art 213 b
3. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him Deceit was used in demand Estafa
officially, in the collection of taxes, licenses, fees, and
other imposts; Tax collector who collected Illegal exaction and
sum larger and used the same malversation
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the
appraisal, distribution or adjudication of which they had acted;
3. Guardians and executors with respect to the property belonging to their wards or the estate.
Chapter Four
Malversation of Public Funds or Property
217: Malversation of Acts punished Not demand from govt Still 217 Return of funds
Public Funds or malversed is only
Property 1. Appropriating public funds or property; No damage to govt Still 217 MC not EC.
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Article 217
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
property administration
That there is a public fund or property has been
AKA Technical appropriated by law of ordinance for a particular
Malversation purpose
That he applies the same to a public use other than
that for which such fund or property has been
appropriated by law or ordinance
221: Failure to make Acts punished
delivery of public 1. Failing to make payment by a public officer who is
funds or property under obligation to make such payment from
government funds in his possession;
Elements of failure to make payment
Chapter Five
Infidelity of Public Prisoners
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
papers for illicit purpose ( tamper, profit, breach of public or in the alienation of
trust of public officer) its confidence in any branch of
the govt services
That the said documents or papers should have been
entrusted to such public interest should have been
caused
That the damage, won serious, to a third party or to
the public interest should have been caused
227: Officer Offender is a public officer
breaking seal That he is charhed with the custody of papers or
property
That these papers or property are sealed by proper
authority and
He breaks the seals or permits them to be broken No damage/ intent Still Art 227
228: Opening Closed Offender is a public officer
documents That any closed paper, documents, or objects are If no damage of intent Still Art 228
entrusted in his custody by reason of his office
That he opens or permits to be opened said closed If in opening closed items, the Art 227.
paper, documents, or objects public officer broke the seal
That he does not have the proper authority
Elements
1. Offender is a public officer;
2. He knows of a secret by reason of his official
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
capacity;
3. He reveals such secret without authority or
justifiable reasons;
4. Damage, great or small, is caused to the public There is no damage RA 3019 Sec 3(k)
interest.
Second: Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
Elements
1. Offender is a public officer;
2. He has charge of papers; Public officer is merely Not Art 229
3. Those papers should not be published; entrusted
4. He delivers those papers or copies thereof to a
third person;
5. The delivery is wrongful;
6. Damage is caused to public interest.
230: Public Officer Offender is public officer Lawyer Art 209
revealing secrets of
private individual Private individual Art 290 or
Art 291
That he knows of the secrets of a private individual
by reason of his office
That he reveals such secrets without authority or Reveals to ne person Art 230 consummated
justifiable reason
Chapter Six
Other Offenses or Irregularities by Public Officers
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody
that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a deliberate
and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment
of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Bight. - Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any
other public emergency, or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be
carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement. agencies concerned shall make an
updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated
or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This list shall be made available to
the public at all times, with a copy of the complete list available at the respective national headquarters of the PNP and AFP. A copy of the complete list
shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other law
enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment
by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture
for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies
shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area
of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to
prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or
punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in
order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent
criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.
Section Two: Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
chastity- penalties 2. He solicits or makes immoral or indecent advances Mere proposal Consummated Art 245 Anti-Sexual
to a woman; Harassment Act
3. Such woman is – of 1995
a. interested in matters pending before the
offender for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer; or
b. under the custody of the offender who is a
warden or other public officer directly charged with
the care and custody of prisoners or persons under
arrest; or
c. the wife, daughter, sister or relative within the mother Not 245
same degree by affinity of the person in the custody
of the offender.
Title Eight
Crimes Against Persons
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
That the deceased is the father, mother, or child Child less than 3 days Infanticide negligence
whether legitimate or illegitimate, or a legitimate (365)
other ascendant or other descendant, or the Does not know f/ mo/ child/ Still Art 246
legitimate spouse, or the accused sps/ etc Parricide by
mistake (249)
Decased: adopted child
Accused: adopter Parricide Parricide under
Accused/ deceased: other Homicide/ murder exceptional
legit ascendants circumstances
(247)
247: Death of A legally married person or a parent surprises his sps Preparatory acts to sex Not 247
Physical Injuries or his daughter, the latter under 18 yo and living with
inflicted under him, in the act of committing sexual intercourse with
exceptional another person.
circumstances That hr or she kills ANY or BOTH of them, or inflicts Causes less serious or slight No liability
upon any or both of them any serious physical injury, physical injuries suffered by
in the act or immediately thereafter 3rd persons
That he has not promoted or facilitated the
prostitution of his wife of daughter, of that he or she
has not consented to the infidelity of the other sps
248: murder A person was killed; Qualifying AC: any
Accused killed him; from a-f
3. The killing was attended by any of the
following qualifying circumstances – Absent QAC homicide Where there are
more than one
a. With treachery, taking advantage of superior qualifiying
strength, with the aid or armed men, or employing circumstances, only
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
means to waken the defense, or of means or persons one will qualify the
to insure or afford impunity; killing the rest will be
considered generic
b. In consideration of a price, reward or promise; aggravating
circumstances.
c. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault When the other
upon a railroad, fall of an airship, by means of motor circusmatces are
vehicles, or with the use of any other means involving absorbed in one
great waste and ruin; QAC, they cannot be
considered as GAC.
d. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake, Any of the QAC must
eruption of a volcano, destructive cyclone, epidemic, be alleged in the
or any other public calamity; information.
Use of poison is
inherent when there
is intent to kill and it
is used as means to
kill.
249: Homicide A person is killed There is not Use of unlicensed
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
That the accused killed him without any justifying crime of firearms is not AC
circumstances frustrated and is NOT to be
That the accused has the intention to kill, which is No intent to kill Physical injuries homicide considered as a
presumed through separate offense.
That the killing was not attended by any of the QAC imprudence.
of murder, of by that of parricide or infanticide.
Accidental homicide Death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent: NOT FELONY COMMITTED
Eg. boxing bout. Provided no violation of boxing rules
250: Penalty for Courts’s discretion
frustrated PMH Two degrees lower for frustrated
Three degrees lower for attempted
Art 250 is not mandatory
PD 1110-A An attempt on or conspiracy against the life of the president, member of his family, any member of his cabinet or members of the latter’s family is
punishable by reclusion perpetua without right of probation
251: Death caused in
a tumultuous affray There be several persons
That they did not compose groups organized for the Distinct group with purpose of homicide
common purpose of assaulting and attacking each killing certain victim/s
other reciprocally, otherwise, they may be held liable
as co-conspirators
These several persons quarreled and assaulted one
another in a confused and tumultuous manner ( at
least 4 persons took part)
That someone was killed in the course of affray Participant or not Art 251
That it cannot be ascertained who actually killed the
deceased
That the person/s who inflicted serious physical
injuries or who used violence CAN BE IDENTIFIED
252: Physical injuries That there is a tumultuous affray as referred in Art
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
inflicted in a 251
tumultuous affray That a participant or some participants thereof suffer Not participant Not 252
serious PI or PI of less serious nature only
That the person responsible therefor cannot be
identified
That all those who appear to have used violence upon Those who inflicted PI and are Liable for PI and not
the person of the offended party ARE KNOWN known 252
253: giving assistance Euthanasia is
to suicide Acts punished: Persons who attempts suicide No liability even if third not 253 but
person is hurt 248. Person
First: by assisting another to commit suicide, whether killed does not
the suicide is consummated or not want to die.
Second: by lending his assistance to another to commit
suicide to the extent of doing the killing himself
254: discharge of Offender discharges a firearm against or at another Committed by a police officer 254 inapplicable. If a person is
firearms person on duty hit and
That the offender has no intention to kill that person Gun initially pointed at victim Still 254 wounded
but not pointed at victim when complex crime
it was fired of dischare of
firearm with
Fun not aimed Alarms and scandal serious or less
serious PI
If slight PI- no
complex but
separate
crimes.
There is no
crimes of
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
illegal
discharge of
firearm through
imprudence
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
258: abortion That there is a pregnant woman who has suffered an MC: to conceal
practiced by the abortion dishonor
woman herself or her That the abortion is intended
parents That the abortion is caused by- Woman: mitigated.
a) pregnant woman herself a) pregnant woman herself Art 258 Parents: not.
b) any other person with her consent b) any other person with her Art 256 (person who -unlike in infanticide.
c) any of her parents, with her consent, for the consent made it)
purpose of concealing dishonor c) any of her parents, with her Art 258
consent, for the purpose of
concealing dishonor
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Mutilation Serious Physical Injuries Less Serious Physical Injuries Slight Physical Injuries & maltreatment
1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted;
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
mutilation, that is, by lopping 3. When the person injured – Ill-treatment of another by deed without
or clipping off any part of the causing any injury.
body of the offended party, a. Becomes deformed; or
other than the essential organ b. Loses any other member of his body; or
for reproduction, to deprive c. Loses the use thereof; or
him of that part of his body. d. Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days in
There is SPECIAL INTENTION consequence of the physical injuries inflicted;
4. When the injured person becomes ill or incapacitated for labor Offended party is Physical injuries incapacitated the
for more than 30 days (but must not be more than 90 days), as a incapacitated for labor for 10 offended party for labor from one to nine
result of the physical injuries inflicted. days or more (but not more days, or required medical attendance
than 30 days), or needs during the same period;
medical attendance for the
same period of time;
If PI were inflicted with intent it is considered AC of ignominy in case of serious PI It is considered in increasing It is considered separate crime of slander
to insult or humiliate: penalty in less serious PI by deed
- it is inherent
Inherent: cruelty
262: Mutilation Acts punished:
First: Intentionally mutilating another by depriving him, Victim dies Murder qualified by
either totally or partially, of some essential organ for cruelty
reproduction;
Elements
1. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
ovarium;
2. The mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Hazing -- This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which
places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury.
These do not include any physical, mental, psychological testing and training procedure and practice to determine and enhance the physical and
psychological fitness of the prospective regular members of the below.
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in
duration.
Section 3 requires supervision by head of the school or the organization of the rites.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such,
if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious
physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30,
10, 1-9 days.
It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned,
knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable.
“For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262 (2) and 263 (1) of Act No 3815, as amended of
the Revised Penal Code for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua
when the victim is under twelve years of age.”
The provisions of Republic Act No. 7160 modified the provisions of the Revised Penal Code in so far as the victim of the felonies referred to is under 12
years of age. The clear intention is to punish the said crimes with a higher penalty when the victim is a child of tender age. Incidentally, the reference to
Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. Killing a child under 12 is
murder, not homicide, because the victim is under no position to defend himself as held in the case of People v. Ganohon, 196 SCRA 431.
For murder, the penalty provided by the Code, as amended by Republic Act No. 7659, is reclusion perpetua to death – higher than what Republic Act no.
7610 provides. Accordingly, insofar as the crime is murder, Article 248 of the Code, as amended, shall govern even if the victim was under 12 years of
age. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263
of the Code that the quoted provision of Republic Act No. 7160 may be applied for the higher penalty when the victim is under 12 years old.
RA9262
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
266-C: Effect of 1) subsequent valid marriage between the offender and offender shall extinguish:
Pardon a) criminal action for rape
b) penalty already imposed
Since rape is now a crime against persons marriage extinguishes penal action only as to principal. NOT to accomplices/ accessories.
This principle does not apply to multiple rape, where husband is a co-principal to other rapes committed.
266-D: presumptions Evidence may be accepted in the prosecution of rape:
1) any physical over act manifesting resistance against the act of rape in any degree from the offended party
2) where the offended party is so situated as to render him/ her incapable of giving his/ her consent
Title Nine
Crimes Against Personal Liberty and Security
267: Kidnapping and Offender is a private individual who is NOT any of Public officer Arbitrary detention If the person
serious illegal the parents of the victim nor a female killed, tortured,
detention Person who furnished the Accomplice (exp: or rapes IS
place conspiracy) NOT THE
He kidnaps or detains another, or in any other manner Has freedom to move around Still 267 VICTIME OF
deprives the latter of his liberty but not freedom to leave KIDNAPPING,
The act of detention or kidnapping must be illegal ( the crimes
not ordered by a competent authority or not maybe
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
c. Any serious physical injuries are inflicted upon Person kidnapped is killed, Special Complex Crime
the person kidnapped or detained or threats to kill purposely done or (SCC)
him are made; or afterthought. Regardless of
how many victim was killed.
d. The person kidnapped or detained is a minor,
female, or a public officer. BUT if person killed not the Separate Crimes
victim of kidnapping
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
268: Slight Illegal Offender is a private individual Victim: female Art 267. ( voluntary MC:
Detention release is not MC) 1) offender
voluntarily releases
Person who furnished the Co- principal the person
place kidnapped or
That he kidnaps or detains another, or in any manner detained within 3
deprives him of his liberty days
That the act of kidnapping or detention is illegal 2) without having
That the crime is committed without the attendance of attained the purpose
the circumstances in Art 267 intended
3) before the
institution of the
criminal proceedings
against him
269: Unlawful arrest Offender arrests or detains another person (private
indvl or pub off not having the authority to arrest)
That the purpose of the offender is to deliver him to Purpose: any other case Other illegal detention
the proper authorities
That the arrest or detention is unauthorized by law or Detention for a legal ground Delay in the delivery of
there is no reasonable ground therefor but there is failure to deliver persons detained
person arrested to proper
authorities
270: kidnapping and Offender is entrusted with the custody of a minor Offender is not entrusted Kidnapping and serious Kidnapping
failure to return a person ( less than 18yo) illegal detention and failure to
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
minor That he deliberately fails to restore the said minor to return a minor
his parents or guardian (270) is
necessarily
included in
kidnapping
and serious
illegal
detention of
minor (267 (4)).
271: inducing a minor A minor is (less than 18 yo) is living in the home of his
to abandon his home parents or guardian or the person entrusted with his
custody
That the offender induces said minor to abandon such Offender is a parents with not Still 271
home custody
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Two:
Crimes Against Security
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements
a) The place is not inhabited;
b) Accused found there a person wounded or in
danger of dying;
c) Accused can render assistance without detriment to
himself;
d) Accused fails to render assistance.
2. Failing to help or render assistance to another
whom the offender has accidentally wounded or
injured;
3. By failing to deliver a child, under seven years of Offender does not know child Still Art. 275
age, whom the offender has found abandoned, to the is under 7yo.
authorities or to his family, or by failing to take him to
a safe place. Child is in an unsafe place.
276: Abandoning The offender has the custody of a child
Minor The child is under 2 years of age
That he abandons such child
That he has no intent to kill the child when the latter is If there is intent to kill + child Murder/ parricide /
abandoned dies infanticide
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
danger because of
abandonment
277: abandonment of Acts Punished:
minor entrusted with 1. Delivering a minor to a public institution or other Abandoned a child below 7yo Art 276
his custody; persons without the consent of the one who entrusted in such a way as to deprive
indifference of such minor to the care of the offender or, in the him of his basic needs which
parents absence of that one, without the consent of the proper his tender years need.
authorities;
Elements
Elements:
a.Offender is a parent;
b.He neglects his children by not giving them
education;
c. His station in life requires such education and his
financial condition permits it.
278: Exploitation of Acts punished:
minors 1. Causing any boy or girl under 16 years of age to Delivery of the child is made Qualified Art 278
perform any dangerous feat of balancing, physical in consideration of any price,
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
5. Inducing any child under 16 years of age to No such purpose and child is Art 271
abandon the home of its ascendants, guardians, under 18.
curators or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the
offender being any person.
279: additional Imposition of penalties form 275-8shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and
penalties for other punished under the RPC.
offenses
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
280: (simple) trespass Offender is a private person Public officer/ employee Violation of domicile
to dwelling He enters the dwelling of another
That such entrance is against the will of the owner or By violence or intimidation Qualified trespass to
occupant dwelling
Against owner/ occupant Simple trespass to
dwelling
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
uninhabited
That the prohibition to enters be manifest
That the trespasser has not secured the permission of
the owner of the caretaker thereof
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
1) PREVENTIVE. by preventing another by means of Art 132, 143, 145, 287 Not coercion
violence, threats or intimidation, from doing something
not prohibited by law Act to be prevented is Unjust vexation
already done when violence is
exerted
2) COMPULSIVE. by compelling another, by means of Art 127, 287 Not coercion
violence, threats or intimidation, to do something
against his will whether it be right or wrong
Elements 1 and 2:
a) that a person prevented another from doing
something not prohibited by law or by compelling him
to do something against his will, be it right or wrong
c) that the person that restrained the will and liberty Intent to deprive offended of Illegal detention
of another has no right to do so, or that the restraint is his liberty is not clear
not made under the authority of law or in the exercise
of any lawful right Offended is a prisoner, Maltreatment
extracting info using force or
intimidation
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements:
a. Offender pays the wages due a laborer or
employee employed by him by means of tokens or
object;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Three
Discovery and Revelation of Secrets
290: Discovering That the offender is a private individual or even a Offender comes to know of Public officer revealing
Secrets through public office not in the exercise of his official function secret by reason of public secrets of priv indvl
seizure of That he seizes the papers or letters of another office
correspondence That the purpose is to discover the secrets of such
other person Offender reveals the contents Qualified Art 290
That the offender is informed of the contents of the of such paper or letter of
papers of letters seized another to a 3rd person
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Ten
Crimes Against Property
293: who are guilty There is a personal property If real property Usurpation
of robbery There is unlawful taking of that property
That the taking must be with intent to gain Prohibited articles Still robbery
That there is violence against or intimidation of any
person or forcer upon things Stolen from: Still robbery
1) owner
2) possessor
3) thief
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
possessor
2. When the robbery is accompanied by rape or Attempted rape only Robbery and Attempted
intentional mutilation or arson; rape
Rape mere afterthought Separate
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
4. When by reason or on occasion of robbery, any of Serious injuries Robbery with serious
the physical injuries resulting in the loss of the use of physical injuries
speech or the power to hear or to smell, or the loss of
an eye, a hand, a foot, an arm, or a leg or the loss of Not serious Absorbed in robbery
the use of any such member or incapacity for the work
in which the injured person is theretofore habitually
engaged is inflicted;
5. If the violence or intimidation employed in the Slight or less serious pi Absorbed in Simple
commission of the robbery is carried to a degree robbery
unnecessary for the commission of the crime;
Intimidation is conditional or Threats to extort money
6. When in the course of its execution, the offender future. Gain not immediate.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Dependencies of an inhabited house, public building, or building dedicated to religious worship – All interior courts, corrals, warehouses, granaries,
barns, coachhouses, stables, or other departments, or enclosed interior entrance connected therewith and which form part of the whole. Orchards and other
lands used for cultivation or production are not included, even if closed, contiguous to the building, and having direct connection therewith.
302: Robbery in an Offender enetered an uninhabited place or a Taking of large cattle PD 533
uninhabited place or building which was not a dwelling house, not a public
in a private building building, or not an edifice devoted to religious
building.
That any of the following circumstances was present:
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Two
Brigandage
PD 532 vs 306 RPC Distinction between brigandage under the Revised Penal Code and highway robbery/brigandage under Presidential Decree No. 532:
(1) Brigandage as a crime under the Revised Penal Code refers to the formation of a band of robbers by more than three armed persons for the purpose of
committing robbery in the highway, kidnapping for purposes of extortion or ransom, or for any other purpose to be attained by force and violence. The mere
forming of a band, which requires at least four armed persons, if for any of the criminal purposes stated in Article 306, gives rise to brigandage.
(2) Highway robbery/brigandage under Presidential Decree No. 532 is the seizure of any person for ransom, extortion or for any other lawful purposes, or
the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Brigandage under Presidential Decree No. 532 refers to the actual commission of the robbery on the highway and can be committed by one person alone. It is
this brigandage which deserves some attention because not any robbery in a highway is brigandage or highway robbery. A distinction should be made between
highway robbery/brigandage under the decree and ordinary robbery committed on a highway under the Revised Penal Code.
Chapter Three
Theft
308: who are liable 1. Those who with intent to gain, but without violence
for theft against or intimidation of persons nor force upon No chance to dispose Theft
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
The taking with intent to gain of a motor vehicle belonging to another, without the latter’s consent, or by means of violence or intimidation of persons, or
by using force upon things is penalized as carnapping under Republic Act No. 6539 (An Act Preventing and Penalizing Carnapping), as amended.
The overt act which is being punished under this law as carnapping is also the taking of a motor vehicle under circumstances of theft or robbery. If the
motor vehicle was not taken by the offender but was delivered by the owner or the possessor to the offender, who thereafter misappropriated the same,
the crime is either qualified theft under Article 310 of the Revised Penal Code or estafa under Article 315 (b) of the Revised Penal Code.
Qualified theft of a motor vehicle is the crime if only the material or physical possession was yielded to the offender; otherwise, if juridical possession
was also yielded, the crime is estafa.
PD 533 Cattle Rustling Law of 1974
Cattle Rustling and Qualified Theft of Large Cattle – The crime of cattle-rustling is defined and punished under Presidential Decree No. 533, the Anti-
Cattle Rustling law of 1974, as the taking by any means, method or scheme, of any large cattle, with or without intent to gain and whether committed with
or without violence against or intimidation of person or force upon things, so long as the taking is without the consent of the owner/breed thereof.
The crime includes the killing or taking the meat or hide of large cattle without the consent of the owner.
Since the intent to gain is not essential, the killing or destruction of large cattle, even without taking any part thereof, is not a crime of malicious mischief
but cattle-rustling.
Where the large cattle was not taken, but received by the offender from the owner/overseer thereof, the crime is not cattle-rustling; it is qualified theft of
large cattle.
Where the large cattle was received by the offender who thereafter misappropriated it, the crime is qualified theft under Article 310 if only physical or
material possession thereof was yielded to him. If both material and juridical possession thereof was yielded to him who misappropriated the large cattle,
the crime would be estafa under Article 315 (1b).
Presidential Decree No. 533 is not a special law in the context of Article 10 of the Revised Penal Code. It merely modified the penalties
provided for theft of large cattle under the Revised Penal Code and amended Article 309 and 310. This is explicit from Section 10 of the
Presidential Decree. Consequently, the trial court should not have convicted the accused of frustrated murder separately from cattle-rustling, since the
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
former should have been absorbed by cattle-rustling as killing was a result of or on the occasion of cattle-rustling. It should only be an aggravating
circumstance. But because the information did not allege the injury, the same can no longer be appreciated; the crime should, therefore be only, simple
cattle-rustling. (People v. Martinada, February 13, 1991)
Chapter Four
Usurpation
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
indvl
That violence against or intimidation of persons is No violence or intimidation Civil liability only
used by the offender in occupying real property or
usurping real property or usurping real right in Violence or intimidation came Not Art 312
property subsequent to entry
Chapter Five
Culpable Insolvency
314: Fraudulent Offender is a debtor, that is , he has obligation due No judicial declaration of Still 314
Insolvency and demandable insolvency
That he absconds with his property Personal or real Art 314
That there be prejudice to his creditors
Chapter Six
Swindling and other Deceits
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
d) property
e) credit
f) agency
g) business or imaginary transaction
3) By means of other similar deceits
C. Altering quality,
fineness, weight of
anything pertaining to
his art or business
D. Pretending to Commits defamation In addition slander, libel
bribed the govt
If money was indeed given Corruption of public officer/s
E. checks a) Offender postdated a check, OR issued a check in
payment of an obligation Check issued simultaneous with Estafa
transaction
b) That such postdating or issuing a check was done
when the offender had not funds in the bank, or his Check issued for a pre- Civil obligation
funds deposited therein were not sufficient to cover existing obligation
the amount of the check
Issued only as security but not No estafa
encashed
F. establishments 1. a. Obtaining food, refreshment, or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house;
b.Without paying therefor;
c.With intent to defraud the proprietor or manager.
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
3.a. Abandoning or
surreptitiously removing any part of his baggage in
the establishment;
b. After obtaining credit, food, refreshment,
accommodation;
c. Without paying.
G. Fraudulent Means: a) offender induced the offended party to sign a Willingly signed but there is Falsification
inducing to sign document deceit as to contents of docu
b) that deceit be employed to make him sign the
document Accused made representation Estafa
c) that the offended party personally signed the as to mislead that complainant
document as to the char of the docu
d) that prejudiced be caused
H. Fraudulent Means:
gambling
I. Removing a) that there be a court record, office files, Offender is a public officer Infidelity in custody of
concealing, documentary or any other papers who is officially entrusted with document
destroying documents b) that the offender removed, concealed, or the document
destroyed any of them
c) that the offender had intent to defraud another
BP 22 Bouncing Checks Law
How violated
2. The check is made or drawn and issued to apply on account or for value;
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
3. The person who makes or draws and issued the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank
for the payment of such check in full upon its presentment;
1. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same
reason had not the drawer, without any valid reason, ordered the bank to stop payment.
B.1.A person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check;
2.He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within 90 days from the date appearing;
Distinction between estafa under Article 315 (2) (d) of the Revised Penal Code and violation of Batas Pambansa Blg. 22:
(1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22, there is criminal liability if the check is drawn for non-pre-existing obligation.
If the check is drawn for a pre-existing obligation, there is criminal liability only under Batas Pambansa Blg. 22.
(2) Estafa under Article 315 (2) (d) is a crime against property while Batas Pambansa Blg. 22 is a crime against public interest. The gravamen for the
former is the deceit employed, while in the latter, it is the issuance of the check. Hence, there is no double jeopardy.
(3) In the estafa under Article 315 (2) (d), deceit and damage are material, while in Batas Pambansa Blg. 22, they are immaterial.
(4) In estafa under Article 315 (2) (d), knowledge by the drawer of insufficient funds is not required, while in Batas Pambansa Blg. 22, knowledge by the
drawer of insufficient funds is required.
When is there prima facie evidence of knowledge of insufficient funds?
There is a prima facie evidence of knowledge of insufficient funds when the check was presented within 90 days from the date appearing on the check and
was dishonored.
Exceptions
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
The drawee must cause to be written or stamped in plain language the reason for the dishonor.
If the drawee bank received an order of stop-payment from the drawer with no reason, it must be stated that the funds are insufficient to be prosecuted
here.
The unpaid or dishonored check with the stamped information re: refusal to pay is prima facie evidence of (1) the making or issuance of the check; (2) the
due presentment to the drawee for payment & the dishonor thereof; and (3) the fact that the check was properly dishonored for the reason stamped on the
check.
316: other forms of Under paragraph 1 – By conveying, selling,
swindling encumbering, or mortgaging any real
property, pretending to be the owner of the
same
Elements
1. There is an immovable, such as a parcel of land or
a building;
2. Offender who is not the owner represents himself
as the owner thereof;
3. Offender executes an act of ownership such as
selling, leasing, encumbering or mortgaging
the real property;
4. The act is made to the prejudice to the owner
or a third person.
Under paragraph 2 – by disposing of real property
as free from encumbrance, although such
encumbrance be not recorded
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements
1. The thing disposed is a real property:
2. Offender knew that the real property was
encumbered, whether the encumbrance is recorded or
not;
3. There must be express representation by offender
that the real property is free from encumbrance;
4. The act of disposing of the real property is made
to the damage of another.
Elements
1.Offender is the owner of personal property;
2.Said personal property is in the lawful possession of
another;
3. Offender wrongfully takes it from its lawful
possessor;
4.Prejudice is thereby caused to the possessor or third
person.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements
1. Offender is a surety in a bond given in a criminal
or civil action;
2.He guaranteed the fulfillment of such obligation
with his real property or properties;
3.He sells, mortgages, or in any manner encumbers
said real property;
4.Such sale, mortgage or encumbrance is without
express authority from the court, or made before the
cancellation of his bond, or before being relieved
from the obligation contracted by him.
317: swindling a That the offender takes advantage of the
minor inexperience or emotions or feelings of a minor
That he induces such minor to assume an obligation or
to give release or to execute a transfer of any
property right
That the consideration is some loan of money, credit, If real property Art 318
or other personal property
That the transactions is to the detriment of such minor
318: other deceits Acts punished:
a) be defrauding or damaging another by any other
deceit not mentioned in the preceding articles
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Seven
Chattel Mortgage
319: removal, sale or First: Knowingly removing any personal property If the gee elected too file a No art 319 (1)
pledge or mortgaged mortgaged under the Chattel Mortgage law to any suit for collection, not
property province or city other than the one in which it was foreclosure, thereby
located at the time of execution of the mortgage, abandoning the mortgage as
without the written consent of the mortgagee or his basis for relief, the removal of
executors, administrators or assigns; the property
Elements:
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Elements:
1.Personal property is already pledged under the
terms of the Chattel Mortgage Law;
2.Offender, who is the mortgagor of such property,
sells or pledges the same or any part thereof;
3.There is no consent of the mortgagee written on the
back of the mortgage and noted on the record
thereof in the office of the register of deeds.
Chapter Eight
Arson and Other Crimes involving Destructions
Kinds of arson
1. Arson, under Section 1 of Presidential Decree No. 1613;
2. Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659;
3. Other cases of arson, under Section 3 of Presidential Decree No. 1613.
Section 1, PD 1613: When any person burns or sets fire to the property of
Arson which another, or his own property under the Special AC:
circumstances which expose danger the life or a) committed with
property of another. intent to gain
320: Destructive Committed by 2 or more persons, regardless of
Arson whether their purpose is merely to burn or detroy the b) committed for the
building or the burning merely constitutes an overt act benefit of another
in the commission of another violation of the law
When any person shall burn: c) if the offender is
a) any arsenal, shipyard, storehouse, or military motivated by spite
power or fireworks factory, ordinance, storehouse, or hatred towards
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Nine
Malicious Mischief
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Chapter Ten
Exemption from Criminal Liability in Crimes against Property
Only the relatives enumerated incur no liability if the crime relates to theft (not robbery), swindling, and malicious mischief. Third parties who participate
are not exempt. The relationship between the spouses is not limited to legally married couples; the provision applies to live-in partners.
Estafa should not be complexed with any other crime in order for exemption to operate.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Eleven
Crimes Against Chastity
Chapter One
Adultery and Concubinage
333: Adultery Woman is married Marriage subsequently Art 333 No crime of MC- abandoned by
declared void (valid till frustrated sps without
voided) adultery justification
That she has sexual intercourse with a man not her Paramour/wife dead No bar to Art 333 to
husband wife/man Husband is also
That as regards the man with whom she has sexual Pardon before institution Extinguish unfaithful
intercourse, he must know her to be married. Pardon after institution No effect
Pardon one of them Not effect
Pardon both Extinguish
Implied pardon Extinguish
Consent Bar
334: Concubinage The man is married
He committed any of the acts:
a) keeping a mistress in the conjugal dwelling
b) having sexual intercourse under scandalous
circumstances with a woman who is not his wife ( can
be merely inferred)
c) cohabiting with her in any other place ( as H & W)
RA 9995 Anti-Photo and Video voyeurism Act
* check SBC mem aid
Chapter Two
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Acts of Lasciviousness
Chapter Three
Seduction, Corruption of Minors, and White Slave Trade
337: qualified First: Seduction of a virgin over 12 years and under No sex only lewd designs Art 339
seduction 18 years of age by certain persons, such as a person
in authority, priest, teacher; and Girl gave consent
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Committed by any person having authority, influence or moral ascendancy over another in a work, training or education environment when he or she
demands, requests, or otherwise requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is
accepted by the object of the said act (for a passing grade, or granting of scholarship or honors, or payment of a stipend, allowances, benefits,
considerations; favorable compensation terms, conditions, promotions or when the refusal to do so results in a detrimental consequence for the victim).
Also holds liable any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission, the head of the
office, educational or training institution solidarily.
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Complaints to be handled by a committee on decorum, which shall be determined by rules and regulations on such.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
340: Corruption of Note: RA 7610. Section 5.
minors
Child prostitution and other Sexual Abuse- children (male of female), who for money profit, or other consideration or due to the coercion, influence of any
syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.
342: Forcible That the person abducted is a woman; regardless of Under 12 yo ALWAYS Forcible Attempted rape is
Abduction her age, civil status, or reputation abduction absorbed by
Abduction is against her will forcible abduction as
That abduction is with lewd design No lewd design Grave coercion/ the former constitutes
kidnapping the element of lewd
design.
343: consented Offended party is a virgin
abduction She must be over 12 and under 18 yo
Taking away of the offended party must be with the
consent after solicitation or cajolery from the offender
That the taking away of the offended party must be
with lewd designs
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Twelve
Crimes Against the Civil Status of Persons
Chapter One:
Simulation of Births and Usurpation of Civil Status
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
349: Bigamy Offender is legally married 1st mar is void or voidable Still 349
and no judicial declaration
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Thirteen
Crimes against Honor
Chapter One
Libel
353: Libel There must be an imputation of a crime, or a vice, or Criminal intention Not libel
defect, real or imaginary, or any act, omission,
condition, status, circumstance Opinion by person affected Not libel
by an act and based on
actual fact
That the imputation must be made publicly
It must be malicious
That the imputation must be directed at a natural Different occasions + directed # persons= # crimes
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
7. Painting;
8. Theatrical exhibition;
9. Cinematographic exhibition; or
10. Any similar means.
356: threatening to Form or Blackmail
publish and offer to Acts punished
prevent such 1. Threatening another to publish a libel concerning
publication for a him, or his parents, spouse, child, or other members of
compensation his family;
2. Offering to prevent the publication of such libel for
compensation or money consideration.
357: Prohibited Offender is a reporter, editor, or manager of a RA 1477:
Publication of Acts newspaper, daily or magazine reporter cannot
referred to in the He publishes facts connected with the private life of be compelled
course of official another to reveal
proceedings Such facts are offensive to the honor, virtue, and informant
reputation of said person unless Congress
Aka. GAG Law demands it for
state security
358: Slander ( oral Not heard by offended Still 358
defamation)
Not serious and insulting Simple slander
Otherwise Grave slander
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
360: persons liable 1) person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means
for libel 2) the author or editor of a book or pamphlet
3) the editor or business manager of a daily newspaper magazine or serial publication
4) the owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection
with its publication
361: proof of truth When admissible in a charge for libel:
1) when the act or omission imputed constitutes a crime regardless or whether the offended party is a private individual or a pub off
2) when the offended party is a govt employee, even if the imputation does not constitute a crime provided it is related to the discharge of his official
duties
362: libelous remarks Libelous remarks or comments connected with the matter privilege under art 354, if made with malide, shall not exempt the author thereof not the editor or
managing editor of a newspaper from criminal liability
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
Title Fourteen
Quasi- Offenses
365: imprudence and Quasi-offenses punished Lack of precaution displayed MC and AC relative
negligence in which the damage to Art 64 is not
1. Committing through reckless imprudence any act impending to be caused is not applicable.
which, had it been intentional, would constitute a immediate nor the danger
grave or less grave felony or light felony; clearly manifest. MC: contributory
negligence.
2. Committing through simple imprudence or Last clear chance Liable
negligence an act which would otherwise constitute a Qualifying
grave or a less serious felony; Emergency rule Not liable Circumstance” failing
to lend on the spot
3. Causing damage to the property of another Many injured/ deaths One offense only help to victims of his
through reckless imprudence or simple imprudence or act of negligence.
negligence;
Reckless Imprudence:
a) offender does or fails to do an act
b) that the doing of or failure to do that act is
voluntary
c) that it be without malice
d) material damage results
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CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)
With
Crime ONE Modified Crime OTHER
Circumstances
I- inherent
Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
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