TITLE 8: CRIMES AGAINST PERSONS
caught in flagrante
 They are:
 MURDER (ART. 248)
o Parricide
o Murder
o Homicide
o Death in a tumultuous affray
o Infanticide and abortion
o Physical injuries
o RA 8049 –Anti Hazing Law
o Rape
 PARRICIDE (ART. 246)
o Crime of relationship
o Elements:
1. A person is killed
2. Killed by the accused
3. Deceased is the father,
mother, child, legitimate
other descendant or
ascendant, or legitimate
spouse of the accused
o People vs Jesus Paycana – Elements.
Butcher who killed his family
o People vs Borromeo – presumption
of marriage
o People vs Patricio – stranger who
participated in the killing liable only
for homicide or murder
 DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES (Art. 247)
o Does not define an offense but grants
a privilege or benefit to the accused
(People vs Abarca)
o Requisites:
1. A legally married person
surprises his spouse in the act
of committing sexual
intercourse with another
person
2. He kills any or both of them in
the act or immediately
thereafter
o People vs Abarca – death caused
must be the proximate result of the
outrage overwhelming the accused.
Art. 4 does not apply but Art. 365
does
o People vs Cabalhin – spouse must be
o Killing a person with a qualifying
circumstance
o Qualifying circumstances:
1. Treachery
2. Taking advantage of superior
strength
3. Aid of armed men
4. Employing means to weaken
the defense or employing
persons to insure or afford
impunity
5. Price, reward, promise
6. By means of inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel,
derailment or assault upon a
railroad, or by means of
motor vehicles, or with the
use of any other means
involving great waste and
damage
7. On occasion of any of the said
calamities or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic, and other public
calamity
8. Evident premeditation
9. Cruelty
10. Scoffing at the person of the
victim or his corpse
o Requisites/elements of Treachery:
1. Offender employs means,
methods or forms in the
execution of the crime
2. The offender chose the
means, methods or forms in
order to obviate the risk to
himself arising from the
defense which the victim
might make
 *essence is sudden and
unexpected attack by the
aggressor
 People vs Mara & Velasco vs
People – frontal attack if
sudden and unexpected is
treachery
 People vs Glino – even if
forewarned of danger to his
person
 People vs De Mesa – killing in
heated argument about
trivial matter constitutes
treachery
 People vs Nitcha – Spur of the
moment not treacherous
 People vs Magallanes – casual
meeting no treachery
o Superior strength – purposely use
excessive force, out of proportion to
the means of defense available to the
person attacked
o Aid of armed men – the men should
be accomplices and not co-
principals/co-conspirators
o Evident premeditation – elements:
1. Time when the offender
determined to commit the
crime
2. Act manifestly indicating that
the culprit has clung to his
determination
3. Sufficient lapse of time
between the determination
and execution to allow him to
reflect upon the
consequences of his act
o Cruelty – for the offender’s pleasure
and satisfaction, caused the victim to
suffer slowly and painfully and
inflicted on him unnecessary physical
and moral pain
o Outraging or scoffing at the person
of the victim or his corpse
 HOMICIDE (ART. 249)
o Killing of a person without qualifying
circumstances. Criminal intent is
necessary
 DEATH IN A TUMULTUOUS AFFRAY (ART.
251)
o Elements:
1. Several persons
2. Not composed of organized
groups
3. The persons quarreled and
assaulted one another in a
confused and tumultuous
manner
4. Someone was killed
5. It cannot be ascertained who
killed
6. The persons who inflicted
serious physical injuries or
used violence can be
identified
 INFANTICIDE AND ABORTION (ART. 255,
256, 257)
o Infanticide
1. Less than 3 days old
2. Born alive and must be viable
 PHYSICAL INJURIES (ART. 266)
o There should be intent to kill,
otherwise it will be murder/homicide
 RA 8049 ANTI HAZING LAW
o Initiation rite or practice as a pre
requisite for admission into
membership in a fraternity, sorority
or organization
o Punishable if there is physical injury
or death
o Principals and accessories
 RAPE
o 2 classes:
1. Rape by sexual intercourse
2. Rape through sexual assault
o Elements of rape by sexual
intercourse. Committed by a man
who shall have carnal knowledge of
a woman under any of the ff.
circumstances:
1. Force, threat, intimidation
 2. Deprived of reason or
unconscious
3. Fraudulent machination or
grave abuse of authority
4. When the offended party is
below 12 or demented
o Elements of rape through sexual
assault:
1. Insert penis in mouth or anal
orifice
2. Insert any instrument or
object into the genital or anal
orifice of another person
TITLE 9: CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
 They are
o Kidnapping and serious illegal
detention
o Slight illegal detention
o Unlawful arrest
o Kidnapping and failure to return a
minor
o Inducing a minor to abandon his
home
o Abandonment of one’s own victim
o Threats
o Coercions
o RA 4200 – Anti Wiretapping Act
o RA 7877 – Anti Sexual Harassment
o Trafficking in Persons
1. KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
a. 4 Elements of Kidnapping and Serious Illegal
Detention
i. Offender is a private individual
ii. Kidnaps or detains another that will
deprive the victim of his liberty
iii. Act of detention is illegal
iv. The ff. circumstances are present:
1. Lasts more than 3 days
2. Committed simulating a public
authority
3. Serious physical injuries are inflicted
or threats to kill are made
4. Victim is a minor, female, or public
officer
b. Kidnapping- the actual deprivation of the
victim’s liberty coupled with the intent of the
accused to effect it
c. Ransom- money, price, or consideration paid
or demanded for the redemption of a
captured person that will release him from
captivity
*Arbitrary detention (Art. 124 RPC) if public
officer has duty to detain but no legal ground
*Consent to go with offender does not
negate a finding of kidnapping and serious
illegal detention
2. SLIGHT ILLEGAL DETENTION
a. The unlawful detention of a private
individual without any of the circumstances
of serious illegal detention
3. UNLAWFUL ARREST
a. Committed when a person, without just
cause or reasonable ground therefore,
arrests or detains another for the purpose of
delivering him to the proper authorities
4. KIDNAPPING AND FAILURE TO RETURN A
MINOR
a. 2 Elements
i. The offender has been entrusted with
the custody of a minor person
ii. The offender had deliberately failed to
return the minor to his parents
* Negligence is a defense because negligence
negates deliberateness but not when negligence
is capricious and whimsical
5. INDUCING A MINOR TO ABANDON HIS HOME
a. When the victim is a minor and the accused
is any of the parents
6. ABANDONMENT OF ONE’S OWN VICTIM
7. THREATS
a. Key element is threatening another with
infliction of a wrong
i. If the wrong amounts to a crime- grave
threats Art 282
ii. If it does not amount to a crime- light
threats Art 283
 iii. If made during a quarrel or heat of anger
or orally made but does not amount to a
felony- light threats Art 285
8. GRAVE THREATS
a. May be made through the ff.:
i. By demanding money or
imposing other condition even if
not unlawful
ii. In writing or through a
middleman
b. Consummated “as soon as the threats
come to the knowledge of the person
threatened”
9. COERCIONS
a. Different kinds of coercion:
i. Grave (Art 286)
ii. Light (Art 287)
iii. Other similar coercions (Art 288)
10. GRAVE COERCION
a. 3 Elements of grave coercion
i. Any person is prevented by another from
doing something not prohibited by law,
or compelled to do something against
his/her will, be it right or wrong;
ii. Prevention or compulsion is effected by
violence either by material force or such
a display of it as would produce
intimidation and consequently, control
over the will of the offended party;
iii. The person who restrains the will and
liberty of another has no right to do so
b. Intimidation- when the will of a person rebel
and he refuses absolutely to act as
requested, but is nevertheless overcome by
force or intimidation to such an extent that
he becomes a mere automaton and acts
mechanically only, a new element enters,
namely, a disappearance of the personality
of the actor
11. LIGHT COERCION, UNJUST VEXATION
a. Unjust vexation exists even without the
element of restraint or compulsion for the
reason that the term is broad enough to
include any human conduct which, although
not productive of some physical or material
harm, would unjustly annoy or irritate an
innocent person.
12. RA 4200: ANTI-WIRETAPPING ACT
a. 3 acts punished by RA 4200
i. Tapping any wire or recording of
communication
ii. Possession of such tape conversation
iii. Replaying, communicating, or furnishing
of transcriptions
b. 4 Elements of first act
i. Offender is any person
ii. Offender taps any wire or cable or
secretly overhear, intercept, or record
communication or spoken word
iii. The offender is not authorized by all the
parties in any private communication or
spoken word
iv. Offender uses any of the ff. device:
1. Dictaphone or dictograph
2. Detectaphone
3. Walkie-talkie
4. Tape recorder
* Telephone extension not covered by term
“device or arrangement”
* Law only prohibits overhearing,
intercepting, or recording of private
communications
c. 2 Elements of second act
i. Offender is in possession of any tape
record, wire record, disc record, or any
other such record, or copies thereof;
ii. Offender knowingly possesses such tape
record, wire record, disc record, or any
other such record, or copies thereof
d. When is the third act committed?
i. Committed by replaying the same for any
person or persons;
ii. By communicating the contents thereof,
either verbally or in writing;
iii. Or by furnishing of transcriptions
thereof, whether complete or partial, to
any other person
13. RA 7877: ANTI-SEXUAL HARASSMENT ACT OF
1995
a. Sexual harassment- an imposition of
misplaced “superiority” which is enough to
dampen an employee’s spirit and her
capacity for advancement. It affects her
sense of judgment; it changes her life
b. Committed in the ff:
i. Working environment
1. Committed when the employer,
employee, manager, supervisor,
agent of the employer or any other
person who has authority,
influence, or moral ascendancy
over another employee makes a
demand, request, or require a
sexual favor and:
a. The sexual favor is made as a
condition in the hiring or in the
employment, re-employment,
or continued employment of
said individual, or in granting
said individual favorable
compensation, terms of
conditions, promotions, or
privileges; or the refusal to
grant the sexual favor results in
the limiting, segregating or
classifying the employee which
in any way would discriminate,
deprive or diminish
employment opportunities or
otherwise adversely affect said
employee;
b. The above acts would impair
the employee’s rights or
privileges under existing labor
laws; or
c. The above acts would result in
an intimidating, hostile, or
offensive environment for the
employee
ii. Educational environment
1. Committed by a teacher, instructor,
professor, coach, trainor, or any
other person who has authority,
influence, or moral ascendancy over
another; against the ff:
a. One who is under the care,
custody, or supervision or the
offender
b. One whose education, training,
apprenticeship, or tutorship is
entrusted to the offender
2. How it is committed by teacher or
coach:
a. Committed when a teacher,
instructor, professor, coach,
trainor, or any other person
who has authority, influence or
moral ascendancy over another
makes a demand, request, or
requires a sexual favor; and
i. When the sexual favor is
made a condition to the
giving of a passing grade, or
the granting of honors and
scholarships, or the
payment of a stipend,
allowance, or other
benefits, privileges, or
consideration; or
ii. When the sexual advances
result in an intimidating,
hostile, or offensive
environment for the
student, trainee, or
apprentice
iii. Training environment
* Prescribes after 3 years
14. TRAFFICKING IN PERSONS RA 9208 AS
AMENDED BY RA 10364
a. Trafficking in Persons – the recruitment,
obtaining, hiring, providing, offering,
transportation, transfer, maintaining,
harboring, or receipt of persons with or
without the victim’s consent or knowledge,
within or across international borders by
means of threat, or use of force, or by other
forms of coercion, abduction, force,
deception, abuse of power, or of position,
taking advantage of the vulnerability of the
person, or the giving or receiving of
payments or benefits to achieve the consent
 of a person having control over another
person for the purpose of exploitation which
includes at a minimum, the exploitation or
the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of
organs.
The recruitment, transportation, transfer,
harboring, adoption or receipt of a child for
the purpose of exploitation or when the
adoption is induced by any form of
consideration for exploitative purposes shall
also be considered as “trafficking in persons”
even if it does not involve any of the means
set forth in the preceding paragraph.
b. 3 Elements of trafficking in persons
i. The act of “recruitment, obtaining,
hiring, providing, offering,
transportation, transfer, maintaining,
harboring, or receipt of persons with or
without the victim’s consent or
knowledge, within or across national
borders”;
ii. The means used include “by means of
threat, or use of force, or other forms of
coercion, abduction, force, deception,
abuse of power or of position, taking
advantage of the vulnerability of the
person, or, the giving or receiving of
payments or benefits to achieve the
consent of the person having control
over another person”;
iii. The purpose of trafficking includes “the
exploitation or the prostitution of others
or other forms of sexual exploitation,
forced labor or services, slavery,
servitude, or the removal or sale of
organs”.
* There is attempted trafficking in persons
even if it is a SPL
* A person may be held liable as an
accomplice or an accessory
* Any person who has personal knowledge of
the commission of any offense of trafficking
in persons or an attempt thereof may file a
complaint for trafficking
c. The Philippines shall exercise jurisdiction
over cases of Trafficking in Persons or an
attempt thereof even if committed outside
the Philippines if the suspect or accused:
i. Is a Filipino citizen;
ii. Is a permanent resident of the
Philippines;
iii. Has committed the act against a citizen
of the Philippines
TITLE 10: CRIMES AGAINST PROPERTY
 WHAT ARE THE CRIMES AGAINST
PROPERTY?
o Robbery
o Theft
o Estafa
o Arson
o Occupation of real property or
usurpation of real rights in property
o Removal
o Sale or pledge of mortgaged property
o Fraudulent insolvency
o Malicious mischief
 ROBBERIES PUNISHED UNDER THE RPC
o Simple robbery
o Special complex crimes of robbery
1. With homicide
2. With rape
3. With intentional mutilation
4. With arson
5. With serious physical injuries
6. Attempted robbery with
homicide
o Execution of deeds by means of
violence or intimidation
o Robbery in an inhabited house,
public building or edifice devoted to
religious worship
o Robbery in an uninhabited place or in
a private building
o Robbery of cereals, fruits, or
firewood
o Possession of picklocks or similar
tools
 ROBBERY (ART 293)
o Elements (TBIWU)
1. Taking of property
2. Said property belongs to
another
3. Taking be done with intent to
gain
4. Taking be done without the
consent of the owner
5. Taking be accomplished with
the use of violence against or
intimidation of persons or
force upon things
o Taking under claim of ownership in
good faith negates intent to gain
o 2 Major Classes of Robbery
1. With violence or
intimidation of persons (Art
294)
2. With force upon things (Art
299 & 302)
 ROBBERY WITH VIOLENCE OR
INTIMIDATION OF PERSONS (ART 294)
o Special complex crimes – where the
law provides a single penalty for two
or more component offenses, the
resulting crime is called a special
complex crime. In a special complex
crime, the prosecution must
necessarily prove each of the
component offenses with the same
precision that would be necessary if
they were made the subject of
separate complaints
 ROBBERY WITH HOMICIDE (PAR 1)
o Homicide is committed by reason or
on occasion of robbery if (FPPE):
1. To facilitate the robbery or
the escape
2. Preserve the possession of
the loot
3. Prevent discovery of the
robbery
4. Eliminate witnesses in the
commission of the crime
o When the prosecution is silent as to
the motive, the acts constitute 2
separate crimes
o Where the intent is to kill and taking
is an afterthought, 2 crimes were
committed
o Victim of homicide need not be the
victim of robbery. Even if the victim is
the robber
1. In attempted robbery with
homicide it must be done by
the robber
 ATTEMPTED ROBBERY WITH HOMICIDE
(ART 297)
o Homicide here includes murder,
parricide, and infanticide
o Delito continuado – a single crime,
consisting of a series of acts but all
arising from one criminal resolution
o Conspirators liable of homicide if
they cannot prove endeavor to
prevent the killing
o No crime of robbery with multiple
homicide. When 2 or more are killed,
the other killings should be
appreciated as an aggravating
circumstance
 ROBBERY WITH RAPE (ART. 294, PAR. 1)
o Robbery main objective, rape an
afterthought
 ROBBERY WITH SERIOUS PHYSICAL INJURIS
(ART. 294, PAR. 2)
o When by reason or occasion of
robbery, serious physical injuries
were committed
o Par. 4 for those not included in Par. 2
 SIMPLE ROBBERY (ART. 294, PAR. 5)
o Less serious or slight physical injuries
 ROBBERY WITH SERIOUS ILLEGAL
DETENTION
o Detention should facilitate robbery.
No complex crime if incidental only
o Grave coercion if without intent to
gain
 EXECUTION OF DEEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION (ART. 298)
 o Elements:
1. Intent to defraud
2. By means of violence or
intimidation
3. Compels another to execute a
public instrument
 ROBBERY WITH FORCE UPON THINGS (ART.
299)
o Committed when an armed person
enters an inhabited house or public
building by breaking any door,
window, wall, roof or floor
o Or through an opening not intended
for entrance or egress and by using
any fictitious name or pretending the
exercise of pubic authority
 BRIGANDAGE (ART. 306)
o Brigandage in RPC vs PD 532
1. RPC – formation of 4 or more
armed persons for unlawful
purpose
2. PD 532 – commission of
robbery on a highway
 THEFT (ART. 308)
o Elements:
1. Taking of personal property
2. Property belongs to another
3. With intent to gain
4. Without the consent of the
owner
5. Done without the use of
violence against or
intimidation of persons or
force upon things
o Valenzuela vs People – no frustrated
theft
 FINDER OF LOST PROPERTY (ART. 308, PAR.
1)
o Finder in law included
 THEFT UNDER PAR 2
o Theft of damaged property
o Must have criminal intent
 QUALIFIED THEFT (ART. 310)
o Becomes qualified when:
1. Committed by domestic
servant
2. With grave abuse of
confidence
3. Property stolen is motor
vehicle, mail matter or large
cattle
4. Coconuts taken within the
plantation
5. Fish from a fishpond or
fishery
6. On occasion of fire,
earthquake, typhoon,
volcanic eruption, or any
other calamity, vehicular
accident or civil disturbance
 Theft vs estafa
o Theft – the thing is taken by the
offender (material possession)
o Estafa – the thing is received by the
offender (juridical possession)
 RA 6539 – ANTI CARNAPPING ACT OF 1972
o Elements:
1. Taking with intent to gain
2. Of a motor vehicle
3. Belonging to another
4. Without the other’s consent
5. By means of violence or
intimidation upon persons or
using force upon things
 PD 1612 – ANTI FENCING LAW OF 1979
o Elements:
1. There is a crime of theft or
robbery
2. The accused who is not part
of the crime, acquires or deals
the subject of the crime
3. The accused knows or should
have known that the item has
been derived from the crime
4. There is intent to gain for
himself or another
 ESTAFA (ART. 315-318)
o Committed through:
1. Abuse of confidence
2. Means of deceit
o Elements:
 1. An accused defrauded o Elements
another by abuse of 1. Issuance or postdating of a
confidence or by means of check
deceit 2. Insufficiency of funds
2. Damage and prejudice 3. Damage to the payee
capable of pecuniary  BP 22 BOUNCING CHECK LAW
estimation is caused o Elements
 ESTAFA UNDER ART. 315 (1) (a) 1. Issuance of any check
o Committed by altering the 2. Knowledge of the maker,
substance, quantity or quality of drawer or issuer that he does
anything of value which the offender not have sufficient funds
shall deliver 3. Subsequent dishonor of the
 ESTAFA BY check by the drawee bank
MISAPPROPRIATION/CONVERSION ART.
315 (1) (b)
o Elements: TITLE 11: CRIMES AGAINST CHASTITY
1. Money, goods or other
personal property is received  What are the crimes against chastity?
by the offender in trust o CASACAW
(received for deposit/recibido 1. Concubinage
en deposito) 2. Adultery
2. There be misappropriation or 3. Seduction
conversion by such money or 4. Acts of lasciviousness
property or denial of receipt 5. Corruption of minor
3. Such misappropriation or 6. Abduction
conversion or denial is 7. White slave trade
prejudicial to another  CONCUBINAGE (ART. 334)
o Conversion – using of another’s o How it is committed. By a husband
property as one’s own or devoting it who shall:
for a purpose other than what is 1. Keep a mistress in the
agreed upon conjugal dwelling
o Defenses: 2. Have sexual intercourse with
1. Loan another woman under
2. Partnership scandalous circumstances
3. Delivery to authorized person 3. Cohabit with her in any other
4. Sales on credit place
5. Sales on trial basis  ADULTERY (ART. 335)
6. Cash advance o How is adultery committed. By:
7. Novation 1. A married woman who shall
8. Good faith have sexual intercourse with
 ESTAFA BY TAKING UNDUE ADVANTAGE OF another man
A SIGNATURE IN BLANK (ART. 315 (1) (c) 2. The man who has carnal
o If not entrusted to offender, knowledge of her knowing
falsification not estafa her to be married
 ESTAFA BY ISSUING A BOUNCING CHECK  QUALIFIED SEDUCTION (ART. 337)
(ART. 315 (2) (d) o Kinds of offenders
 1. Abused authority
 Guardian
 Person in authority
 Teacher
 Entrusted with
education or custody
2. Abused confidence
 Priest
 House servant
 Domestic
3. Abused relationship
 Ascendant
 Brother who seduced
sister
 SIMPLE SEDUCTION (ART. 338)
o Committed by a person who:
1. by means of deceit,
2. was able to have sexual
intercourse
3. with a woman who is single or
a widow of good reputation,
4. over 12 but under 18
 ACTS OF LASCIVIOUSNESS (ART. 336)
o Circumstances:
1. Use of force or intimidation
2. Woman is deprived of reason
or unconscious
3. When the woman is under 12
 ACTS OF LASCIVIOUSNESS WITH CONSENT
OF THE OFFENDED PARTY (ART. 339)
o Committed by the same people
under seduction but without
intercourse
 ACTS OF LASCIVIOUSNESS UNDER RA 7610
o Elements:
1. Lascivious conduct
2. Performed with a child
subjected to other sexual
abuse
 Indulges in money,
profit, or any other
consideration
 Coercion or influence
of any adult, syndicate
or group
3. The child is below 18 years of
age
 CORRUPTION OF MINORS (ART. 340)
o Committed by:
1. Any person who facilitates or
promotes the prostitution or
corruption of persons
2. Who are underage
3. To satisfy the lust, not of his
own, but that of another
 WHITE SLAVE TRADE (ART. 341)
o Same with corruption but victims are
not minors
 FORCIBLE ABDUCTION (ART. 342)
o Committed by:
1. A person with lewd design
2. Takes away a woman against
her will
 CONSENTED ABDUCTION (ART. 343)
o Elements:
1. Abduction of a virgin
2. Over 12 but under 18
3. With her consent
4. With lewd design
o Punished not for the wrong done to
the girl but for the disgrace to her
family
 CIVIL LIABILITY OF PERSONS GUILTY OF
RAPE, ABDUCTION AND SEDUCTION (ART.
345)
o Civil liabilities:
1. Indemnification
2. Acknowledgement of the
offspring unless the law
should prevent him from
doing so
3. In every case, to support the
offspring
 RA 9995 - ANTI PHOTO AND VIDEO
VOYEURISM ACT OF 2009
 CYBERSEX
TITLE 12: CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
 SSCUB-MaPI 2. Performance of an illegal
o Simulation of births marriage ceremony
o Substitution of one child for another
o Concealment or abandonment of a
child TITLE 13: CRIMES AGAINST HONOR
o Usurpation of child status
o Bigamy  THEY ARE
o Marriage contracted against the o LOSII
provisions of the law 1.Libel
o Premature marriage 2.Oral defamation
o Performance of illegal marriage 3.Slander by Deed
ceremony 4.Incriminating Innocent
 SSC (ART. 347) Person
 U (ART. 348) 5. Intriguing Against Honor
o Committed when a person  DEFAMATION
represents himself to be another and o Elements
assumes the filiation and all the 1. Defamatory statement
rights of that person 2. Malice
 B (ART. 349)  Connotes ill will or
o Elements spite
1. Offender has been legally  To be exempt from
married malice:
2. The marriage has not been o True and fair
legally dissolved or absent report
spouse not yet presumed o Made in good
dead faith
3. He or she contracts a second o Without any
or subsequent marriage comments or
4. The subsequent marriage has remarks
all the essential elements of a 3. Publication
valid marriage  There is publication if
o Committed by a legally married the material is
person who contracts a second communicated to a
marriage before legally dissolving the third person
first marriage 4. Identity of the person
o No bigamy if second marriage lacks defamed
an essential element  A third person or a
 Ma (ART. 350) stranger is able to
 P (ART. 351) identify the person as
o Widow cannot re-marry within 301 the subject of the
days from the death of husband defamatory
 I (ART. 352) statement
o Elements:  Intrinsic reference
1. Authority of the solemnizing  Matters of description
officer or reference to facts
and circumstance
 LIBEL (ART. 355)
o Committed by means of writing,
printing, lithography, engraving,
radio, phonograph, painting,
theatrical exhibition,
cinematographic exhibition or any
similar means
 DEFAMATORY STATEMENT (ART. 353)
o Ascribes to a person the commission
of a crime, the possession of a vice or
defect, real or imaginary, or any act
or omission, condition, status or
circumstance which tends to
dishonor or discredit or put him in
contempt or which tends to blacken
the memory of one who is dead
 QUALIFIED PRIVILEGED COMMUNICATIONS
(ART. 354)
o Qualified privileged communications
1. Made in the performance of
any legal, moral, or social
duty
2. Fair and true report made in
good faith, without any
comments or remarks, of any
judicial, legislative, or other
official proceedings
3. without any comments or
remarks of any other act
performed by public officers
in the exercise of their
functions
4. commentaries on matters of
public interest
5. criticisms on acts of public
figures
o Doctrine of fair comment – when the
discreditable imputation is directed
against a public person in his public
capacity, it is not necessarily
actionable
 PROOF OF TRUTH (ART. 361)
o Truth is a defense only if
1. The imputation of an act or
omission constitutes a crime
2. Made against government
employees concerning facts
related to the discharge of
their official duties
 GRAVE ORAL DEFAMATION (ART. 358)
o Serious and insulting
 SLIGHT ORAL DEFAMATION (ART. 358)
o Gravity of oral defamation depends
on:
1. Expressions used
2. Personal relations of the
accused to the offended party
3. Circumstances surrounding
the case
 SLANDER BY DEED (ART. 359)
o Elements:
1. Performs any act not included
in any other crime against
honor
2. Performed in the presence of
other person or persons
3. Casts dishonor, discredit or
contempt upon the offended
party
 INCRIMINATING INNOCENT PERSON (ART.
363)
o The act of planting evidence
 INTRIGUING AGAINST HONOR (ART. 364)
o Does not own the defamatory
statement but uses trick and
deception in circulating the same
TITLE 14: QUASI-OFFENSES
 IMPRUDENCE AND NEGLIGENCE (ART. 365)
o Elements of imprudence
1. Does or fails to do an act
2. The act or failure to do an act
is voluntary
3. Without malice
4. Material damage results from
the imprudence
5. Inexcusable lack of
precaution on the part of the
offender
 ELEMENT BANK
1. PARRICIDE (ART. 246)
a. Crime of relationship
b. Elements:
1. A person is killed
2. Killed by the accused
3. Deceased is the father, mother,
child, legitimate other
descendant or ascendant, or
legitimate spouse of the accused
2. DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES (Art. 247)
a. Does not define an offense but grants a
privilege or benefit to the accused
(People vs Abarca)
b. Requisites:
1. A legally married person
surprises his spouse in the act of
committing sexual intercourse
with another person
2. He kills any or both of them in
the act or immediately
thereafter
3. MURDER (ART. 248)
a. Killing a person with a qualifying
circumstance
b. Qualifying circumstances:
1. Treachery
2. Taking advantage of superior
strength
3. Aid of armed men
4. Employing means to weaken the
defense or employing persons
to insure or afford impunity
5. Price, reward, promise
6. By means of inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel, derailment
or assault upon a railroad, or by
means of motor vehicles, or with
the use of any other means
involving great waste and
damage
7. On occasion of any of the said
calamities or of an earthquake,
eruption of a volcano,
destructive cyclone, epidemic,
and other public calamity
8. Evident premeditation
9. Cruelty
10. Scoffing at the person of
the victim or his corpse
c. Requisites/elements of Treachery:
1. Offender employs means,
methods or forms in the
execution of the crime
2. The offender chose the means,
methods or forms in order to
obviate the risk to himself
arising from the defense which
the victim might make
1. *essence is sudden and
unexpected attack by
the aggressor
4. DEATH IN A TUMULTUOUS AFFRAY (ART. 251)
a. Elements:
1. Several persons
2. Not composed of organized
groups
3. The persons quarreled and
assaulted one another in a
confused and tumultuous
manner
4. Someone was killed
5. It cannot be ascertained who
killed
6. The persons who inflicted
serious physical injuries or used
violence can be identified
5. INFANTICIDE AND ABORTION (ART. 255, 256,
257)
a. Infanticide
1. Less than 3 days old
2. Born alive and must be viable
6. RAPE
a. 2 classes:
1. Rape by sexual intercourse
2. Rape through sexual assault
b. Elements of rape by sexual intercourse.
Committed by a man who shall have
carnal knowledge of a woman under
any of the ff. circumstances:
1. Force, threat, intimidation
2. Deprived of reason or
unconscious
3. Fraudulent machination or
grave abuse of authority
4. When the offended party is
below 12 or demented
 c. Elements of rape through sexual
assault:
1. Insert penis in mouth or anal
orifice
2. Insert any instrument or object
into the genital or anal orifice of
another person
7. KIDNAPPING AND SERIOUS ILLEGAL DETENTION
a. 4 Elements of Kidnapping and Serious
Illegal Detention
1. Offender is a private individual
2. Kidnaps or detains another that
will deprive the victim of his
liberty
3. Act of detention is illegal
4. The ff. circumstances are
present:
1. Lasts more than 3 days
2. Committed simulating a
public authority
3. Serious physical injuries
are inflicted or threats
to kill are made
4. Victim is a minor,
female, or public officer
8. KIDNAPPING AND FAILURE TO RETURN A
MINOR
a. 2 Elements
1. The offender has been
entrusted with the custody of a
minor person
2. The offender had deliberately
failed to return the minor to his
parents
9. GRAVE COERCION
a. 3 Elements of grave coercion
1. Any person is prevented by
another from doing something
not prohibited by law, or
compelled to do something
against his/her will, be it right or
wrong;
2. Prevention or compulsion is
effected by violence either by
material force or such a display
of it as would produce
intimidation and consequently,
control over the will of the
offended party;
3. The person who restrains the
will and liberty of another has no
right to do so
10. ROBBERY (ART 293)
a. Elements (TBIWU)
1. Taking of property
2. Said property belongs to
another
3. Taking be done with intent to
gain
4. Taking be done without the
consent of the owner
5. Taking be accomplished with the
use of violence against or
intimidation of persons or force
upon things
11. EXECUTION OF DEEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION (ART. 298)
a. Elements:
1. Intent to defraud
2. By means of violence or
intimidation
3. Compels another to execute a
public instrument
12. THEFT (ART. 308)
a. Elements:
1. Taking of personal property
2. Property belongs to another
3. With intent to gain
4. Without the consent of the
owner
5. Done without the use of
violence against or intimidation
of persons or force upon things
13. RA 6539 – ANTI CARNAPPING ACT OF 1972
a. Elements:
1. Taking with intent to gain
2. Of a motor vehicle
3. Belonging to another
4. Without the other’s consent
5. By means of violence or
intimidation upon persons or
using force upon things
14. PD 1612 – ANTI FENCING LAW OF 1979
a. Elements:
1. There is a crime of theft or
robbery
2. The accused who is not part of
the crime, acquires or deals the
subject of the crime
 3. The accused knows or should
have known that the item has
been derived from the crime
4. There is intent to gain for
himself or another
15. ESTAFA (ART. 315-318)
a. Elements:
1. An accused defrauded
another by abuse
confidence or by means of
deceit
2. Damage and prejudice
capable of pecuniary
estimation is caused
16. ESTAFA UNDER ART. 315 (1) (a)
a. Committed by altering the
substance, quantity or quality of
anything of value which the offender
shall deliver
17. ESTAFA
MISAPPROPRIATION/CONVERSION ART.
315 (1) (b)
a. Elements:
1. Money, goods or
other personal property is
received by the offender in
trust (received
deposit/recibido en deposito)
2. There
misappropriation
conversion by such money or
property or denial of receipt
3. Such
misappropriation
conversion or denial is
prejudicial to another
18. ESTAFA BY ISSUING A BOUNCING CHECK (ART.
315 (2) (d)
a. Elements
1. Issuance or postdating of a
check
2. Insufficiency of funds
3. Damage to the payee
19. BP 22 BOUNCING CHECK LAW
a. Elements
1. Issuance of any check
2. Knowledge of the maker,
drawer or issuer that he does
not have sufficient funds
3. Subsequent dishonor of the
check by the drawee bank
20. CONCUBINAGE (ART. 334)
a. How it is committed. By a husband who
shall:
of 1. Keep a mistress in the conjugal
dwelling
2. Have sexual intercourse with
another woman under
scandalous circumstances
3. Cohabit with her in any other
place
21. ADULTERY (ART. 335)
a. How is adultery committed. By:
1. A married woman who shall
have sexual intercourse with
another man
BY 2. The man who has carnal
knowledge of her knowing her
to be married
22. SIMPLE SEDUCTION (ART. 338)
a. Committed by a person who:
1. by means of deceit,
2. was able to have sexual
intercourse
for 3. with a woman who is single or a
widow of good reputation,
be 4. over 12 but under 18
or 23. ACTS OF LASCIVIOUSNESS (ART. 336)
a. Circumstances:
1. Use of force or intimidation
2. Woman is deprived of reason or
unconscious
or 3. When the woman is under 12
24. ACTS OF LASCIVIOUSNESS UNDER RA 7610
a. Elements:
1. Lascivious conduct
2. Performed with a child
subjected to other sexual abuse
1. Indulges in money,
profit, or any other
consideration
2. Coercion or influence of
any adult, syndicate or
group
3. The child is below 18 years of
age
25. CORRUPTION OF MINORS (ART. 340)
a. Committed by:
1. Any person who facilitates or
promotes the prostitution or
corruption of persons
2. Who are underage
3. To satisfy the lust, not of his
own, but that of another
26. FORCIBLE ABDUCTION (ART. 342)
a. Committed by:
1. A person with lewd design
2. Takes away a woman against her
will
27. CONSENTED ABDUCTION (ART. 343)
a. Elements:
1. Abduction of a virgin
2. Over 12 but under 18
3. With her consent
4. With lewd design
28. BIGAMY (ART. 349)
a. Elements
1. Offender has been legally
married
2. The marriage has not been
legally dissolved or absent
spouse not yet presumed dead
3. He or she contracts a second or
subsequent marriage
4. The subsequent marriage has all
the essential elements of a valid
marriage
29. SOLEMNIZATION OF ILLEGAL MARRIAGE (ART.
352)
a. Elements:
1. Authority of the solemnizing
officer
2. Performance of an illegal
marriage ceremony
30. DEFAMATION
a. Elements
1. Defamatory statement
2. Malice
1. Connotes ill will or spite
2. To be exempt from
malice:
a. True and fair
report
b. Made in good
faith
c. Without any
comments or
remarks
3. Publication
1. There is publication if
the material is
communicated to a
third person
4. Identity of the person defamed
1. A third person or a
stranger is able to
identify the person as
the subject of the
defamatory statement
2. Intrinsic reference
3. Matters of description
or reference to facts and
circumstance
31. SLANDER BY DEED (ART. 359)
a. Elements:
1. Performs any act not included in
any other crime against honor
2. Performed in the presence of
other person or persons
3. Casts dishonor, discredit or
contempt upon the offended
party
32. IMPRUDENCE AND NEGLIGENCE (ART. 365)
a. Elements of imprudence
1. Does or fails to do an act
2. The act or failure to do an act is
voluntary
3. Without malice
4. Material damage results from
the imprudence
5. Inexcusable lack of precaution
on the part of the offender