REVISED PENAL CODE

BOOK II
CRIMES & PENALTIES

• Crimes against National Security & the Law of Nations (Art. 114 - Art. 123)
• Crimes against the Fundamental Law of the State (Art. 124 - Art. 133)
• Crimes against Public Order (Art. 134 - Art. 160)
• Crimes against Public Interest (Art. 161 - Art. 189 [superseded by RA 8293])
• Crimes Relative to Opium & Other Prohibited Drugs (Art. 190 - Art. 194 [repealed by RA 9165])
• Crimes against Public Morals (Art. 195 [Art. 195-199 repealed by PD 1602] - Art. 202)
• Crimes Committed by Public Officers (Art. 203 - Art. 245)
• Crimes against Persons (Art. 246 - Art. 266)
• Crimes against Personal Liberty & Security (Art. 267 - Art. 292)
• Crimes against Property (Art. 293 - Art. 332)
• Crimes against Chastity (Art. 333 - Art. 346)
• Crimes against Civil Status of Persons (Art. 347 - Art. 352)
• Crimes against Honor (Art. 353 - Art. 364)
• Quasi-Offenses (Art. 365)
• Final Provisions (Art. 366 - Art. 367)

Note:
RA 9346 has suspended the implementation of death penalty. In which case, only the penalty of reclusion perpetua may be imposed.
* Asterisk symbol placed on the crime means that it is now considered as an act of terrorism under RA 9372.

CRIME
TREASON
( Art. 114)
Breach of allegiance to the
government
To levy war means that there is an
actual assembly of man to execute a
treasonable design of force
NO need for a formal war declaration
ESPIONAGE
( Art. 117)
Act of gathering, transmitting, or
losing information respecting the
national defense, with intent or
reason to believe that the information
is to be used for the injury of the
Philippines or advantage of the
foreign state.
CONSPIRACY & PROPOSAL TO
COMMIT TREASON
( Art. 115)
Refer to the principle of Conspiracy
. fine not exceeding Php 5T for
Two-witness rule does not apply
MISPRISION OF TREASON
(Art. 116)
It is a crime by omission by failure to
disclose to the authorities, or to
conceal knowledge of any conspiracy
to commit treason.
VIOLATION OF NEUTRALITY
(Art. 119)
Neutrality is the policy of a nation not
to participate in war
FLIGHT TO ENEMY’S COUNTRY
(Art. 121)
INCITING TO WAR or GIVING
MOTIVES FOR REPRISAL (Art. 118)
Reprisals are not limited to military
action, but also include economic, or
denial of entry in another state
CRIMES AGAINST NATIONAL SECURITY
Act/s Punishable or Inherent Circumstances
ELEMENTS Present Offender/s Penalty
When is it Committed? that either Qualify or Aggravate
1. Levy war against the government - Committed only in times of war or actual Evident premeditation, superior strength
2. Adhere to the enemies, giving them aid and hostilities & treachery (Inherent aggravating Filipino citizen
comfort circumstances) Reclusion Perpetua to Death
EVIDENCE required for conviction:
Resident alien and a fine not exceeding Php
ADHERE to enemy means to favor/harbor 1. testimony of at least two witnesses of the It is a CONTINUING crime
100T for Filipino citizens
sympathies disloyal to the country’s policy overt act NO Complex crime of treason with
AID or COMFORT means to strengthen the 2. confession of guilt in open court murder because it is inherent in giving Suspended allegiance Reclusion Temporal to Death
enemy of the government or tends to weaken the aid and comfort to the enemy.
Two-witness rule applies is not a defense and a fine not exceeding Php
power of the government
Filipino can commit treason outside the 100T for resident aliens
Adherence and giving aid and comfort
Allegiance – the obligation of fidelity and Philippines, but an alien must commit TRAITOR
must concur together
obedience which the individuals owe to the treason within the Philippine jurisdiction
government under which they live or to their
sovereign, in return for the protection they receive.
1. Entry inside a warship, fort, naval, military - the information or data should be relative - in the first act of committing
establishment or reservation without any to the defense of the Philippines, or espionage, it is not necessary that the Private individual Prision Correccional for
authority (private individual) national security offender succeeds in obtaining the private individuals
information Public officer or
2. Disclosure of the contents of a confidential - The intent or reason is to use the employee who has Prision Mayor for public
data in his possession to a representative of information to injure the country or to the - WIRETAPPING can be a means in custody or possession officers or employees
foreign country (public officer) advantage of the foreign country committing it if the purpose is connected of the information
or related to the country’s defense
SPY
1. Conspiracy to commit treason – 2 or more Mere agreement and decision to commit If there is acceptance of the proposal, it Filipino citizen or a
persons come to an agreement to commit acts treason is punishable becomes conspiracy resident alien Prision Mayor and a fine not
punishable by treason and decide to commit it in exceeding Php 10T for
Mere proposal even without acceptance If the acts of treason are committed
time of war. Suspended allegiance conspiracy to commit treason
to commit treason is punishable after the conspiracy and proposal, the
is not a defense Prision Correccional and a
2. Proposal to commit treason - a person Mere proposal and agreement are crime will be TREASON and conspiracy
commits any of the acts punishable by treason punishable because the existence of the or proposal will be treated as means of
proposal to commit treason
and proposes its execution to other person/s in state is endangered committing treason
time of war.
1. Concealment of any knowledge of conspiracy Offender owes allegiance to the
to commit treason or against the government government of the Philippines and not a Offender is an accessory to the crime Prision Mayor and a fine not
foreigner of treason but a principal in misprision exceeding Php 100T
2. Failure to disclose any knowledge of of treason. Filipino citizen The penalty for an accessory
conspiracy to commit treason or against the A person may report the existence of
treason to any of the following: governor, is 2 degrees lower from that
government to the authorities to where he/she Existence of Art. 115 on conspiracy to of the principal
resides provincial prosecutor, city or municipal commit treason is a requirement
mayor, and city or municipal prosecutor
Violation of any regulation issued by competent There is a war but the Philippines is not There is a regulation issued in order to
authority for the purpose of enforcing neutrality involved enforce the country’s neutrality. Anyone Prision Correccional
It is committed only in time of war
The offender violates the regulation
Offender attempts to flee or go to the The country is involved in war. Mere Filipino citizen, or a
Attempt to flee, or going to an enemy state enemy’s country. The going to enemy attempt to flee consummates the crime resident alien owing Arresto Mayor
despite government prohibition country is prohibited. No prohibition means Prohibition of flight makes the act allegiance to the
no crime committed punishable, government
Performance of unlawful or unauthorized acts - Intent of the offender is immaterial Any person and Reclusion Temporal for
which provoke or give occasion for a war Performance of unlawful/unauthorized acts - Committed in time of peace Public officer or public officers or employees
involving or liable to involve the Philippines, or The act/s might disturb our friendly - It is penalized even if it is a mere employee in inciting to
expose Filipino citizens to reprisals on their relations with another state imprudence war Prision Mayor for private
persons or property State - reprisals individuals

CORRESPONDENCE with HOSTILE
COUNTRY (Art. 120)
Correspondence means
communication through written
means or through letters
CIPHER is a method of hiding or
keeping the secrecy of messages by
using symbols, numbers or any other
means. It may also be formula or a
process.
PIRACY in GENERAL & MUTINY
ON THE HIGH SEAS OR IN
PHILIPPINE WATERS *
(Art. 122)
High sea refers to the international
waters or waters of the sea coast
which are outside of the boundaries
of the low water mark although such
waters may be in the jurisdictional
limit of another state.
Note: For purposes of the Anti-
Fencing Law, piracy is part of robbery
& theft.
QUALIFIED PIRACY (Art. 123)
Also includes QUALIFIED MUTINY
Purpose of piracy is to rob or forcibly
degrade the vessel and the properties
of the passengers and crew, because
of the intent to gain by the offenders
coming from the outside. For mutiny,
the purpose is unlawful resistance to
a superior officer against his
authority, so that there is no intent to
gain when the attack was made from
the inside.
BOTH are QUALIFIED by the
circumstances on the fourth box to
the right
Reclusion Temporal if the
information is useful to the
Correspondence with an enemy state or territory There is a war that involves the Phils. or - Notice or information might be useful enemy and offender intended
occupied by enemy troops such as: there is a hostile state to the enemy to aid the enemy by giving
- correspondence to the public officials of Any person such notice
1. acts prohibited by the government the enemy state even if the officer is - Offender intended to aid the enemy
Prision Mayor is carried on
2. carried on using ciphers or conventional signs related to the offender
using ciphers, or
3. containing notice or information which might - It still applies even if the
If CIPHERS are used, no need for conventional signs
be useful to the enemy correspondence contains innocent
prohibition
matters Prision Correccional if
correspondence is prohibited
by the government
- Attack or seize a vessel in high seas or -Vessel is on high seas or Philippine * If the attack/seizure of the vessel is Art. 122 Piracy –
Philippine waters waters committed by crew or passengers, the offender is a stranger,
- Offenders are not members of the crime is Robbery in High Seas or not a member of the
- Seize the whole or part of the cargo of the complement or passengers, or crew crew of a vessel within Reclusion Perpetua for both
vessel, its equipment, personal belongings of - Piracy in high seas is within the Philippine waters and piracy and mutiny
its complement or passengers (strangers to INTENT TO GAIN (animo furandi) is an jurisdiction of any court where the in high seas
the vessel) essential element of piracy offenders were found or arrested Reclusion Temporal in its
PD 532 – offender is a
It is a robbery or forcible degradation on medium and maximum
- Piracy in Philippine waters is within crew or passenger of
Compare with: PD 532 (Anti-Piracy & Anti- the high seas or Philippine waters without periods for PD 532
the jurisdiction of Philippine courts the vessel within
Highway Robbery Law) lawful authority done with animo furandi
Philippine waters but
and intention of universal hostility not in high seas PD 532 is applicable
- Aiding the pirates of abetting of piracy punishes PIRACY is an attack from the outside.
only to Philippine
the person as an accomplice in the crime of No intent to gain in mutiny because it Art. 122 Mutiny –
MUTINY is an attack from the inside. waters
piracy (Sec. 4, PD 532) constitutes a resistance against the members of the crew
authority of a higher officer or complement
QUALIFYING CIRCUMSTANCES Art. 122 Piracy –
- Attack or seize a vessel in high seas or offender is a stranger,
Philippine waters * Seizure of the vessel by boarding or or not a member of the
firing upon the same crew of a vessel within Reclusion Perpetua to Death
- Seize the whole or part of the cargo of the Philippine waters and for both qualified piracy and
vessel, its equipment, personal belongings of * Abandonment of victims without in high seas qualified mutiny
its complement or passengers (strangers to The same with Art .122, except on the means of saving themselves
PD 532 – offender is a
the vessel) presence of qualifying circumstances
* If piracy or mutiny is accompanied by crew or passenger of
murder, homicide, rape, or physical the vessel within
Note: Any person who aids or protects pirates
injuries Philippine waters but
of abets the commission of piracy shall be liable
not in high seas
as an accomplice.
Note: The accompanying crimes of Art. 122 Mutiny –
murder, homicide, rape, or physical members of the crew
injuries must have been done or or complement
committed on the passengers or on the
complement of the vessel
 RELATED LAWS Covered
Aircrafts for transport
Public utility aircrafts
RA 6235
Note: an aircraft must be
Anti-Hijacking Law * registered with the Air
Transportation Office
(ATO)
Motor vehicle , or any
vehicle propelled by any
power other than
muscular power using the
RA 6539
public highways
Anti-Carnapping Law
Note: Motor vehicles
must be registered with
the Land Transportation
Office (LTO)
ACTS PUNISHABLE Person Liable PENALTY
1. Compel to change in the course of the flight, destination of Philippine registry, or seize or usurp control
while it is on flight
2. Compel an aircraft of foreign registry to land in Philippine territory, or seize or usurp control while it is Passenger or
in the said territory members of the crew
3. Ship, load, or carry in any public utility aircraft within the Philippines any explosive, flammable,
corrosive or poisonous substance or materials
ACTS PUNISHABLE (1 & 2) can be QUALIFIED by:
a) Firing upon the pilot, crew or passenger of the aircraft
b) Exploding or attempting to explode any bomb or explosive to destroy aircraft
c) If accompanied by murder, homicide, serious physical injuries or rape
Not less than 14 yrs & 8 mos but
not more than 17 yrs & 4 mos
1. Taking of a motor vehicle belonging to another without the latter's consent (ordinary carnapping regardless of
Any person, with the value of the car when committed
2. Taking of a motor vehicle belonging to another by means of violence against or intimidation of persons
intent to gain who without violence or intimidation of
3. Taking of a motor vehicle belonging to another by using force upon things committed any of the persons, or force upon things)
acts punishable
Not less than 17 yrs & 4 mos but
not more than 30 yrs (by means of
violence against or intimidation of
any person, or force upon things)
Life Imprisonment to Death (when
the owner, driver or occupant of the
carnapped motor vehicle is killed in
the commission of the carnapping)

Piracy applies only to acts

PD 532
Anti-Piracy Law *
Anti-Highway Robbery Law *
Highway Robbery is also
called BRIGANDAGE
committed in Philippine
waters
Note: the vessel or ship
must be registered with
the Maritime Industry
Authority (MARINA)
Highway robbery applies
to robbery committed
along any road, street,
passage, highway and
bridges or other parts
thereof, or railway or
railroad within the
Philippines used by
persons, or vehicles, or
locomotives or trains for
the movement or
circulation of persons or
transportation of goods,
articles, or property or
both.
PIRACY - Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its Any person including Reclusion Temporal in its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value a passenger or medium and maximum periods
thereof, by means of violence against or intimidation of persons or force upon things, committed by any member of the shall be imposed.
person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be complement of said Reclusion Perpetua if physical
considered as piracy. vessel injuries or other crimes are
committed as a result or on the
occasion thereof.
Mandatory penalty of Death shall
be imposed, if the act is qualified,
Highway Robbery/Brigandage -The seizure of any person for ransom, extortion or other unlawful The penalty of reclusion temporal
purposes, or the taking away of the property of another by means of violence against or intimidation of Any person in its minimum period shall be
person or force upon things of other unlawful means, committed by any person on any Philippine imposed.
Highway. Reclusion temporal in its medium
and maximum periods if physical
injuries or other crimes are
committed.
Penalty of Death shall be imposed,
if the act is qualified,

CRIME
ARBITRARY DETENTION
( Art. 124)
Deprivation of a public officer of the
liberty of a person without any legal
ground
Compare with the crimes against
personal liberty and security, on
ILLEGAL DETENTION
(Art. 267-271)
- committed by private individuals
DELAY IN THE DELIVERY OF
DETAINED PERSON TO THE
PROPER JUDICIAL AUTHORITIES
(Art. 125)
The crime means delay in filing the
necessary information or charging of
person detained in court
Length of the waiver:
Light offenses – 5 days
Serious/Less Serious – 7-10 days
Note: a private individual will be liable
for illegal detention if he/she is the
offender or made the delay
DELAYING RELEASE (Art. 126)
This does not apply to the passage,
hearing, or approval of any
legislation
SEARCH WARRANT
MALICIOPUSLY OBTAINED, AND
ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
(Art. 129)
The search is limited to what is
described in the warrant with
particularity
SEARCHING DOMICILE WITHOUT
WITNESSES (Art. 130)
CRIMES AGAINST UNDAMENTAL LAWS OF THE STATE
Act/s Punishable or Inherent Circumstances
ELEMENTS Present Offender/s Penalty
When is it Committed? that either Qualify or Aggravate
Arresto Mayor (max) to
1. A public officer or employee who has the * A public officer or employee has the Prision Correctional (min)
authority to make an arrest or detention detains authority to make an arrest or detention * The detention of another was without Public officer or detention did not exceed 3
another person without legal grounds legal ground employee days
* Such officer detains a person
Prision Correctional (med
2. Private individuals who conspired with a public * The detention is illegal or does not have * The offender is vested with authority to Private person who & max) detention continued
officer or employee will be held liable for arbitrary any legal ground arrest or detain a person conspired with a public more than 3 days but did not
detention and not illegal detention officer or employee exceed 15 days
* DETENTION IS ILLEGAL FROM THE
Prision Mayor if detention
Exceptions: Those legally confined because of VERY BEGINNING Usually police officers
continued for more than 15
the commission of a crime, confinement because or other public officers
days but not exceed 6
of communicable diseases, insanity or any with authority to arrest
months
ailment requiring compulsory confinement of and detain any person
patient in hospitals or any other institution. accused Reclusion Temporal if
detention exceeded 6
months
* A person is legally detained or for some
Failure to deliver the detained person to proper legal grounds * Failure to observe the periods in the
judicial authority within the following periods: * This may be waived if a preliminary proper delivery of detained person Public officer or Arresto Menor for light
investigation is asked for employee penalties
a) 12 hours, for crimes/offenses punishable by * This does not contemplate actual * Filing beyond the required period
light penalties or their equivalent physical delivery, but at least, there provided by law is tantamount to the Usually police officers Arresto Mayor – Prision
b) 18 hours, for crimes/offenses punishable by must be a complaint or information filed commission of the offense or other public officers Correctional for correctional
correctional penalties or their equivalent with authority to arrest penalties
c) 36 hours, for crimes/offenses punishable by * Filing in court beyond the prescriptive * Offender must have the power or and detain any person
afflictive penalties or their equivalent periods makes a public officer liable, and authority to detain and deliver the said accused Prision Mayor to Reclusion
subsequent filing does not cure the person to proper judicial authorities Perpetua for afflictive
Note: Public officers may ask the accused to illegality of defect. penalties
execute a waiver of Art. 125, under oath, and * DETENTION IS LEGAL FROM THE
with assistance of a counsel. This does not BEGINNING BUT BECOMES ILLEGAL AT
violate the constitutional rights of the accused THE TIME OF THE EXPIRATION OF THE
SPECIFIC PERIODS to deliver a detained
person to the proper judicial authorities.
The offender, without any good reason delays: Public officer or
* there is a (1) judicial or court order, or * There is a delay in the service, employee
a) the service of notice of such order to the (2) executive order for the release of a
performance or proceedings upon a Apply the penalties provided
prisoner prisoner or detention prisoner, or there is a petition for the release without any Wardens & jailers are for ARBITRARY Detention
b) the performance of judicial or executive order (3) proceeding upon a petition for the
good/valid/legal cause or reason the persons most (Art. 124)
to release the prisoner liberation of such person
likely to violate this
c) the proceedings upon a petition for release of
* the act of the offender constitute a delay provision
such person
1. Maliciously obtaining a search warrant Search warrant maliciously obtained: * Search warrant is maliciously or
2. Abuse in the service of a warrant legally * Offender procures a search warrant illegally obtained, no just cause or Public officer or
obtained (abuse/excess of authority) * Such warrant has no just cause unjustified employee Arresto Mayor max – Prision
3. Any use of unnecessary severe act by the Abuse in the service of warrants legally Correctional min, and a fine
public officer in executing a legally procured obtained: * Search warrant legally obtained but Mostly police officers not exceeding Php 1T
warrant * Offender legally procures search warrant there is irregularity in the execution or as they usually
* There is excess in authority , or uses abuse and use of unnecessary means execute or serve
Exception: Warrantless searches or searches unnecessary severity in executing the to carry out or execute the warrant. warrants
incidental to a lawful arrest same
* The offender is armed with a valid search * Absence of the mentioned witnesses Public officer or
Searching the domicile, papers or other warrant will constitute a crime if the offender employee Arresto Mayor from medium
belongings of any person in the absence of the * He searches the domicile (dwelling), proceeds to search or execute the valid to maximum period

Order of those who must witness the
search: (1) homeowner, (2) members
of the family of sufficient age, (3)
responsible members of the
community
VIOLATION OF DOMICILE
(Art. 128)
Compare to Art. 280 (Trespass to
Dwelling)
owner, any member of his family, or two papers or other things belonging to another search warrant Mostly police officers
witnesses residing in the same locality, although * The owner of the domicile, any family as they usually
the search warrant was legally procured member, two witnesses residing in the Note: VALIDITY OF THE SEARCH execute or serve
same locality are absent/ not present WARRANT CAN BE QUESTIONED OR warrants
CONTESTED in the court where the
case is pending
Acts against the will of the owner: Special aggravating circumstances that
The offender is not authorized to enter the increase the penalty: Public officer or Prision Correctional min –
1. entering the dwelling dwelling and make search for papers and a) Nighttime employee med and max
2. searching papers or other effects other effects b) Papers or effects not
3. Refusing to leave the premises after required constituting evidence for a
to leave Note: Judicial Order is the Search Warrant crime and not returned
immediately