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CRIMINAL LAW
MEMORY AID
IT BEGINS WITH FAITH & CONVICTION, PERSEVERES WITH HARD WORK & DISCIPLINE, AND
ENDS WITH AN IMPASSIONED TRIUMPH WITHIN, WHEN WE REALIZE THAT WE CAN DO ANYTHING
[SEE EPH. 3:20]
#EMBRACETHEGRIND
FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW 3
TITLE 14 — QUASI-OFFENSES 89
CONCEPT NOTES
DEFINITION AND SOURCES Criminal law is that branch of public law which —
1.
(ART. 1, 10) Treats of its nature; and
2.
3. Provides for its punishment
‣ The RPC is the general governing penal law, it took effect on January 1, 1932 (Art. 1), but it is
supplementary to special penal laws enacted thereafter. (Art. 10)
2.
LAWS Penal laws must have general and equal application (Generality)
3.
(BILL OF RIGHTS) Prohibition on Cruel and Unusual Punishment or Excessive Fines
4.
1. Makes criminal an act done before the passage of the law and which was innocent when done, and
punishes such an act
4. Alters the legal rules of evidence so as to make ti substantially easier to convict a defendant
5. Alters, in relation to the offense or its consequences, the situation of the person, to his disadvantage
6. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right
for something which when done was lawful
7. Deprives a person accused of a crime some lawful protection to which he has become entitled, such
as the protection of a former conviction or acquittal or a proclamation of amnesty
BILL OF ATTAINDER A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution
of a legislative act for a judicial determination of guilt. (People vs Ferrer)
TO PENAL LAWS ‣ The act or omission is decriminalised so that if case is pending, it shall be dismissed whether the
accused is a habitual delinquent or not because there is no more crime for which he should be
tried. If here were already convicted and/or serving sentence, he shall be released if he is not a
habitual delinquent or unless the law provides that detention is to continue.
‣ The first law will govern if the accused is a habitual delinquent or if the favourable second law
prohibits retroactivity. While the second law will govern it favourable to the offender who is not a
habitual delinquent or the law is silent as to its retroactivity.
LAWS 2. Territoriality
3. Prospectivity
GENERALITY OF PENAL RULE — Penal laws are binding on all persons who reside or sojourn in the Philippines whether citizens or
LAWS not.
(ART. 14, NCC; EQUAL EXCEPTIONS — Under the following cases, a person may be exempt from liability —
‣
PROTECTION CLAUSE) Laws of Preferential Application
1.
2. Principles of public international law
3. Treaty stipulations
TERRITORIALITY OF PENAL RULE — The law is applicable to all crimes committed within the limits of the Philippine Territory.
LAWS ‣ EXCEPTIONS — It is also enforceable outside the Philippine jurisdiction, against those who —
(ART. 2)
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.
PROSPECTIVITY OF PENAL Laws have prospective application unless they are favourable to the offender who is not a habitual
LAWS delinquent.
BASIS OF The basis of criminal liability is the The basis of criminal liability is the offender’s voluntariness, hence,
CRIMINAL offender’s moral trait, hence good faith or good faith or lack of criminal intent is not accepted as a defense,
LIABILITY lack of criminal intent is a defense. Intent unless this is an element of the crime. The only inquiry is whether the
governs law has been violated.
MATERIALITY OF Modifying circumstances are taken into Modifying circumstances are not considered because the law intends
MODIFYING account in imposing the penalty on the to discourage the commission of the act specially prohibited. It does
CIRCUMSTANCES
offender precisely because his moral trait is not involve perversity or lack of it by the offender which is the basis
the basis of this crime for the aggravation or mitigation of the penalty
DEGREE OF The degree of participation determines the The degree of participation of the offenders does not affect their
PARTICIPATION penalty imposable based on whether he is a liability, hence, the penalty on all of them are the same whether they
principal, accomplice or accessory are principals or merely accomplices or accessories.
STAGES OF The stage of accomplishment affects the The stage of accomplishment considered is only when the crime is
CRIMINAL penalty imposed thus the penalty depends accomplished or consummated. There is no attempted or frustrated
LIABILITY on whether the crime is consummated, stage because it is the commission of the act itself that is prohibited
frustrated, or attempted and also since intent which is inherent in attempted/frustrated stage
is not an element. Like culpa, mala prohibita is always consummated
MORAL Generally, involve moral turpitude Generally, do not involve moral turpitude
TURPITUDE
SOURCE OF LAW Generally are punishable under the RPC Generally, cover violations of special penal laws
fault 6. Continued
7. Continuing
CONCEPT NOTES/ELEMENTS
3. Such act is performed or omission incurred by means of deceit (dolo) or fault (culpa)
KINDS OF FELONIES AS TO 1. Intentional Felonies—With malice and deliberate criminal intent, it is the intentional doing of a wrong
THE MEANS OF
2. Culpable Felonies — Without malice and deliberate criminal intent, it is by mere fault, or by
COMMISSION imprudence, negligence, lack of foresight, or lack of skill.
(ART. 3)
2. Intelligence
3. Intent
2. Intelligence
SPECIAL FACTORS 1. Mistake of Fact — Negates criminal liability, akin to a justifying circumstance under Art. 11
AFFECTING INTENT AND 2. Aberratio Ictus (Mistake in Blow) — Generally increases criminal liability, as a complex crime (Art. 48)
CRIMINAL LIABILITY 3. Error in personae (Mistake in Identity) — May or may not lower criminal liability depending on whether
the actual crime committed and the intended crime are of equal or different gravity (Art. 49)
4. Praeter Intentionem (No intent to cause so grave a wrong as that committed) — Lowers criminal liability
as a mitigating circumstance under Art. 13
5. Proximate Cause (The cause of the cause is the cause of the evil caused) — Gives rise to criminal
liability by analogy to Art. 4, par. 1
MISTAKE OF FACT 1. That the act done would have been lawful had the facts been as the accused believed them to be
2. That the intention of the accused in performing the act should be lawful
3. That the mistake must be without fault (imprudence or negligence) on the part of the accused
ABERRATIO ICTUS In aberratio ictus or error in the victim of the blow, the offender intends the injury on one person but the
(MISTAKE IN BLOW) harm fell on another. There are three persons present when the crime occurred:
1. Offender
2. Intended victim
3. Actual victim
ERROR IN PERSONAE In error in personae or mistake in the identity, the offender committed a mistake in ascertaining the identity
(MISTAKE IN IDENTITY) of the victim. The only two persons present here: the offended and the actual but unintended victim.
PRAETER INTENTIONEM In praeter intentionem, the injury is on the intended victim but the resulting injury or wrong is so grave than
(NO INTENT TO CAUSE SO what was intended.There is a great disparity between the intended felony and the actual felony committed.
PROXIMATE CAUSE 1. That the wrong done to the victim be the direct, natural, and logical consequence of the felony
committed by the offender, although it was different from that which he intended
2. Proximate cause is that cause which, in its natural and continuous sequence, unbroken by an efficient
intervening cause, produces the injury, and without which the result would not have occurred.
3. Any person who creates in another’s mind an immediate sense of danger, which causes the latter to do
something resulting in the latter’s injuries, is liable for such injuries.
ABERRATIO ICTUS Intended result falls on another person Increases criminal liability which generally result to complex
(MISTAKE IN BLOW) or may be in addition to the injury on crime (Art. 48)
the intended victim
ERROR IN PERSONAE Intended result falls on another due to Mitigates criminal liability if the resulting crime is greater than
(MISTAKE IN IDENTITY) the error in the identity of the victim intended (such as parricide when what was intended was
merely homicide) (Art. 49) No effect on criminal liability if the
resulting crime is the same as that intended. (Art. 49)
PRATER INTENTIONEM Actual crime is greater than that Mitigates criminal liability (Art. 13)
(NO INTENT TO CAUSE A intended
WRONG AS THAT
COMMITTED)
PROXIMATE CAUSE Results in crime although not intended Results in criminal liability to the actor whether acting with
intent or through negligence
CONCEPT NOTES/ELEMENTS
(ART. 4) By any person committing a felony (although the wrongful act done be different from that which he
1.
intended)
2. By any person performing an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means. (Impossible Crime)
CRIMINAL LIABILITY BY ANY ‣ A person who commits a felony is responsible for all the consequences which may naturally and
PERSON COMMITTING A logically result therefrom, whether foreseen or intended or not
‣
1. A person is committing a felony
2. That the wrong done to the victim be the direct, natural, and logical consequence of the felony
committed by the offender, although it was different from that which he intended
IMPOSSIBLE CRIME 1. That the act performed would be an offense against persons or property
(ART. 4, PAR. 2) That the act was done with evil intent
2.
3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual
4. That the act performed should not constitute a violation of another provision of the RPC.
ACTS WHICH SHOULD BE Whenever an accused has committed an act not punishable by law, but should be repressed, as deemed
REPRESSED BUT ARE NOT by the court, it shall render the proper decision and acquit the accused. It shall report to the Chief
PUNISHED BY LAW Executive, through the Department of Justice, the reasons which induce the court to believe that said act
(ART. 5, PAR. 1) should be made the subject of legislation.
CASES OF EXCESSIVE In case the court finds the accused guilty, but the penalty is clearly excessive, it shall submit a statement
PENALTIES to the Chief Executive through the Department of Justice, a recommendation of executive clemency
(ART. 5, PAR. 2)
2.
a. Preparatory Acts — generally, not punishable
STAGES OF EXECUTION 1. Attempted — A felony is attempt when the offender commences the commission of a felony directly by
(ART. 6) overt acts, and does not perform all the acts of execution which should produce the felony by some
cause or accident other than his own spontaneous desistance.
2. Frustrated — A felony is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator
3. Consummated — A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
ATTEMPTED FELONIES 1. The offender commences the commission of the felony directly by overt acts
(ART. 6) He does not perform all the acts of execution which should produce the felony
2.
3. The non-performance of all the acts of execution was due to cause or accident other than his own
spontaneous desistance
(ART. 6) 2. All the acts performed would produce the felony as a consequence
CONSUMMATED FELONIES When all the elements necessary for its execution and accomplishment are present, the crime is
(ART. 6) consummated
CLASSIFICATION OF CRIMES 1. Material felonies — Those which can be committed in any of the three stages of execution
AS TO THE MANNER OF Formal felonies — Those which are always consummated (cannot be committed in the attempted and
2.
COMMISSION IN RELATION frustrated stage)
TO THE STAGES OF Felonies punished on the basis of the result or gravity and the result cannot be determine
a.
EXECUTION without first consummating the offense
c. Felonies by omission
e. Impossible Crimes
3. Felonies which cannot be committed in the frustrated stage (only attempted or consummated)
a. Corruption of Public Officers
b. Adultery
WHEN FELONIES ARE RULE — All felonies are punishable, in whatever stage of criminal execution (Art. 6)
PUNISHABLE (AS TO THE ‣ EXCEPT — Light felonies are punishable only when they have been consummated (Art. 7)
STAGE OF EXECUTION) ‣ EXCEPTION TO EXCEPTION — Light felonies committed against person or property are punishable in
(ART. 6, 7) whatever stage (Art. 7)
CONSPIRACY AND RULE — Conspiracy and proposal to commit felony are NOT punishable
PROPOSAL TO COMMIT ‣ EXCEPT — They are punishable only in the cases in which the law specially provides a penalty therefor
FELONIES
(ART. 8)
2.
3. That the execution of the felony was decided upon
OF COMMITTING A CRIME 2. Implied Conspiracy — Implied from the concerted acts of the offenders
EXISTENCE OF A TEST — Whether the acts of the offenders show unity in design and common purpose aimed at the
CONSPIRACY attainment of the same object, to commit a particular crime
RULE OF COLLECTIVE RULE — When conspiracy is established, all who participated therein, irrespective of the quantity and
CRIMINAL LIABILITY quality of his participation is liable equally and collectively for the all acts committed by the co-
conspirators. The act of one is the act of all.
‣ EXCEPT — When only one or some of the conspirators committed another crime, which is not part of
the intended crime, only they are liable for such acts.
‣ EXCEPTION TO EXCEPTION — In the following cases, even if the crime committed was not part of the
intended conspiracy, all the co-conspirators are liable —
1. When the other crime was committed in their presence and they did not prevent its commission
indicating their approval thereof
2. When the other crime is the natural consequence of the crime planned
2.
(ART. 9) Light Felonies — arrest menor or a fine not exceeding 200 pesos or both (includes fine exactly P200)
3.
SIGNIFICANCE OF ‣ The classification into grave, less grave or light is important to determine —
CLASSIFYING FELONIES AS 1. Whether a complex crime was committed, which requires grave or less grave felonies (Art. 48)
TO GRAVITY The duration of the subsidiary penalty to be imposed (Art. 39, No. 2)
2.
3. The duration of the detention in case of failure to post bond to keep the peace (Art. 35)
5. Whether or not there is delay in the delivery of detained persons to the judicial authority (Art. 125)
5. Prison mayor
2.
3. Suspension
4. Destierro
4. MITIGATING CIRCUMSTANCES Court can take them into consideration in the award
Reduces criminal liability
(ART. 13) of damages
1. JUSTIFYING 1. Self-defense
2.
(ART. 11) Defense of strangers
3.
4. State of necessity or the avoidance of a greater evil
2. EXEMPTING 1. Imbecility/Insanity
2.
(ART. 12) Accident
3.
4. Compulsion of an irresistible force
3. ABSOLUTORY 1. Spontaneous desistance in the attempted stage unless the overt act committed already constitutes a crime other
CIRCUMSTANCES than that intended (Art. 6, par. 3)
2. Attempted or frustrated light felonies except those against persons or property (Art. 7)
4. Certain relatives who are accessories subject to the requisites provided (Art. 20)
5. Death and physical injuries inflicted under exceptional circumstances (Art. 247)
6. In trespass, a person is not liable if he entered another’s dwelling for the purpose of preventing some serious harm
to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes,
taverns, inns, and other public places (Art. 280)
8. Marriage of the offender with the offended party in cases of seduction, abduction, and acts of lasciviousness (Art.
344, par. 4)
9. Instigation
13. Repeal of a law, either absolute or modification of the penalty when favourable to the offender
CIRCUMSTANCES
1. Incomplete justifying or exempting circumstances
(ART. 13)
2. Senility (over 70 years of age)
3. Praeter intentionem
4. Sufficient provocation
7. Voluntary surrender
9. Physical defects
Privileged Mitigating —
1. Art. 68 (as amended by RA 9344) — Minors over 15 and under 18 years of age who acted with discernment
2. Art. 69 — If the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the
same or to exempt form criminal liability, if majority of such conditions are present.
CIRCUMSTANCES
1. Taking advantage of public position (Art. 14[1])
(ART. 14)
2. In contempt or with insult to the public authorities (Art. 14[2])
6. Crime committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in
the discharge of their duties, or in a place dedicated to religious worship. (Art. 14[5])
10. Conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune (Art. 14[7])
11. Aid of armed men or persons who insure or afford impunity (Art. 14[8])
15. Inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving great waste and ruin (Art. 14[12])
24. Motor vehicles, motorized watercraft, airships, or other similar means (Art. 14[20])
7. Exploitation of Children for Commission of Crimes (Sec. 20[c] of RA 9344 as amended by RA 10630)
9. Committing a crime under the influence of dangerous drugs (Sec. 25, RA 9165)
10. Exploitation of Children for Commission of Crimes (Sec. 20[c] of RA 9344 as amended by RA 10630)
11. Use of an loose firearm in the commission of a felony (Sec. 29, RA 10591)
12. Committing a crime under the influence of dangerous drugs (Sec. 25, RA 9165)
13. Committing a crime through and with the use of information and communications technologies (Sec. 6, RA 10175)
6. ALTERNATIVE 1. Relationship
CIRCUMSTANCES (ART.
2. Intoxication
15)
3. Degree of instruction and education of the offender
JUSTYFING CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
JUSTIFYING When the offender acts in accordance with justifying circumstances, he incurs no criminal liability and no
CIRCUMSTANCES civil liability ex delicto. Justifying Circumstances are those where the act of a person is said to be in
(ART. 11) accordance with law, so that such person is deemed not to have transgressed the law and is free from
both criminal and civil liability. There is no crime, thus, there is no criminal. Generally, there is no civil
liability ex delicto, except in par. 4 where the civil liability is borne by the persons benefited by the act
SELF-DEFENSE 1. Unlawful aggression on the part of the victim against the accused’s person or rights
(ART. 11[1]) 2. Reasonable necessity of the means employed by the accused to prevent and repel it
DEFENSE OF RELATIVES 1. There is unlawful aggression against the person or rights of relatives of the accused (spouse,
(ART. 11[2]) ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree)
2. Reasonable necessity of the means employed by the accused to prevent and repel it
3. In case provocation was given by the person attacked, the one making defense had no part therein
DEFENSE OF STRANGERS 1. There is unlawful aggression against the person or rights of a person who is a stranger to the accused
(ART. 11[3]) Reasonable necessity of the means employed by the accused to prevent and repel it
2.
3. The person defending be not induced by revenge, resentment, or other evil motive
STATE OF NECESSITY OR 1. The accused does an act which causes damage to another in order to avoid an evil or injury which
AVOIDANCE OF GREATER actually exists, and is not brought about by the accused’s own acts
2.
(ART. 11[4]) There is no other practical and less harmful means of preventing it
3.
PERFORMANCE OF DUTY OR 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
LAWFUL EXERCISE OF A
2. That the injury caused or the offend committed be a necessary consequence of the due performance
RIGHT
(ART. 11[5])
ISSUED FOR SOME LAWFUL That such order must be for some lawful purpose
2.
PURPOSE That the means used by the subordinate to carry out said order is lawful and reasonable
3.
(ART. 11[6])
EXEMPTING CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
EXEMPTING When the offender acts in accordance with exempting circumstances during the commission of the felony,
CIRCUMSTANCES he is exempt from criminal liability but NOT the civil liability ex delicto. Exempting circumstances are those
(ART. 12) by virtue of which, although the act is criminal, the law exempts the actor from liability. A crime is
committed, but circumstances pertaining the the offender calls for his exemption from criminal liability.
There is a crime and a criminal, but he is exempt from criminal liability. Generally, there is civil liability ex
delicto, except in accident and insuperable cause Art. 12(4,7), which strictly are not criminal
IMBECILITY AND INSANITY Persons who are completely deprived of intelligence, reason and discernment during the commission of
(ART. 12[1]) the offense
MINORITY Minors in the following ages during the commission of the offense:
(ART. 12[2,3], AS AMENDED Minors 15 years old or under (until 15th birthday)
1.
BY SEC. 6, RA 9344) Minors over 15 (15 years and 1 day) and under 18 (until the day before 18th birthday) who did NOT act
2.
with discernment
2.
3. The act is performed with due care without fault or intention of causing injury
IRRESISTIBLE FORCE 2. Such force was irresistible such that the person was reduced to a mere instrument
(ART. 12[5])
IMPULSE OF AN 1. There is a threat which causes an uncontrollable fear of an evil greater than or at least equal to, that
UNCONTROLLABLE FEAR which he is required to commit
(ART. 12[6]) The threat promises an evil of such gravity and imminence that the ordinary man would have
2.
succumbed to it.
2.
(ART. 12[7]) That his failure to perform such act was due to some lawful or insuperable cause
3.
JUSTIFYING EXEMPTING
The act is legal, within the bounds of law The act is criminal
Since there is no crime, there is no criminal and civil liability ex There is a crime, there is a criminal, but no criminal liability. While
delicto, except in state of necessity he is exempt from criminal liability, there is a civil liability ex
delicto, except in accident and insuperable or lawful cause.
The emphasis of the law is on the act The emphasis of the law is on the actor
ABSOLUTORY CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
ABSOLUTORY Absolutory causes are those where the act committed is a crime but for reasons of public policy and
CIRCUMSTANCES sentiment, there is no penalty imposed. These refer to justifying and exempting circumstances outside of
Art. 11 and 12
BATTERED WOMAN An accused suffering from battered woman syndrome, at the time of the commission of the crime, do not
SYNDROME incur any criminal and civil liability. This is despite the absence of any of the elements for justifying
(RA 9262, PEOPLE VS circumstances of self-defense under the RPC. In the determination of the state of mind of the woman who
GENOSA) was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall
be assisted by expert psychiatrists/ psychologists. (Sec. 26, VAWC [RA 9262])
The battered woman syndrome is characterized by the so-called "cycle of violence,”which has three
phases —
1. The tension-building phase
DEATH AND PHYSICAL 1. Any legally married person who having surprised his spouse in the act of committing sexual
INJURIES INFLICTEDUNDER intercourse with another person, shall kill any of them or both of them in the act or immediately
EXCEPTIONAL thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
CIRCUMSTANCES If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
2.
(ART. 247, PEOPLE VS
3. These rules shall be applicable, under the same circumstances, to parents with respect to their
ABARCA)
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.
4. Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.
Article 247, or the exceptional circumstances mentioned therein, amounts to an exempting circumstance,
for even where death or serious physical injuries is inflicted, the penalty is so greatly lowered as to result to
no punishment at all. (People vs Abarca)
STATUS OFFENSES AND 1. Any conduct not considered an offense or not penalized if committed by an adult shall not be
OFFENSES NOT APPLICABLE considered an offense and shall not be punished if committed by a child.
TO CHILDREN Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited
2.
(SEC. 57, 57-A, 58, RA to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as
9344) light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly
conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of
children. No penalty shall be imposed on children for said violations, and they shall instead be brought
to their residence or to any barangay official at the barangay hall to be released to the custody of their
parents.
3. Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy
and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential
Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619
MARRIAGE OF THE In cases of seduction, abduction, and acts of lasciviousness, the marriage of the offender with the
OFFENDER AND THE offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The
OFFENDED PARTY IN provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories
CERTAIN CRIMES AGAINST after the fact of the above- mentioned crimes.
CHASTITY
(ART. 344)
ENTRAPMENT VS INSTIGATION
ENTRAPMENT INSTIGATION
The mens rea originated from the accused who was merely
The evil idea originated from the peace officer who induced the
trapped by the peace officer in flagrante delicto (caught in the
accused to commit the act
act)
This is not absolutely as to the offender as he authored the evil Absolutely by reason of public policy
idea
Trap for the unwary criminal Trap for the unwary innocent
The peace officer has no criminal liability for his acts are in The peace officer is a principal by inducement
accordance with law
The crime has already been committed The crime would not and could not have been committed were it
not for the instigation
MITIGATING CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
MITIGATING RULE — When the offender acts in accordance with mitigating circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is reduced
(ART. 13, 68, 69, 64)
RULES IN THE APPLICATION ‣ Mitigating or aggravating circumstances which arise from the following shall only serve to mitigate or
AND APPRECIATION OF aggravant the liability of the principals, accomplices and accessories as to whom such
MITIGATING AND circumstances are attendant —
AGGRAVATING
1. Moral attributes of the offender
CIRCUMSTANCES
(ART. 62[3,4] 2. From his private relations with the offended party, or
‣ The circumstances which consist in the following shall serve to aggravate or mitigate the liability of
those persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein —
ORDINARY MITIGATING ‣ These are those enumerated under Art. 13 (except minority under paragraph 2 which was repealed
CIRCUMSTANCES and modified by RA 9344) —
(ART. 13)
1. Incomplete justifying or exempting circumstances
3. Praeter intentionem
4. Sufficient provocation
7. Voluntary surrender
7. Voluntary surrender
9. Physical defects
EFFECT OF ORDINARY RULE — The present of one ordinary mitigating circumstance results in lowering the penalty to the
MITIGATING minimum period
CIRCUMSTANCES ‣ EXCEPT — They are not considered when what is prescribed is a single indivisible penalty. There are
(ART. 63, 64) only two indivisible penalties — death and reclusion perpetua (but note that RA 9346 banned the
imposition of the death penalty) (Art. 63)
‣ BUT — when there are two ordinary mitigating circumstances with no aggravating circumstance
attendant, the penalty is to lowered by one degree in the proper period, regardless of whether the
penalty is divisible or indivisible (Art. 64[5])
INCOMPLETE JUSTIFYING These are justifying or exempting circumstances when all the requisites necessary to justify or to exempt
OR EXEMPTING from criminal liability in the respective cases are not attendant
CIRCUMSTANCES NOTE — Some circumstances in Art. 12 do not find application as some they don’t have partial
(ART. 13, [1]) application, such as —
1. Insanity/imbecility (but partial insanity may fall under illnesses diminishing the offender’s exercise of
will-power)
INCOMPLETE SELF- Unlawful aggression must always be present. Without it, there is nothing to defend, thus there is neither
DEFENSE, DEFENSE OF complete nor incomplete defense. What may be absent is either one or both the last two requisites of —
RELATIVES, DEFENSE OF (1) reasonable necessity if the means employed and (2) the lack of sufficient provocation (or as the case
STRANGER may be under defense of relatives and strangers).
2. Unlawful aggression and one other requisite is present (majority is present)— privileged mitigating
under Art. 69
INCOMPLETE STATE OF The requisite that “That the evil sought to be avoided must actually exist” must always be present What
NECESSITY may be absent are either or both of the last two requisites —
(ART. 13[1],11[4]) That the injury feared be greater than that done to avoid it
1.
2. That there be no other practical and less harmful means of preventing it.
PERFORMANCE OF DUTY That the accused acted in the performance of a duty or in the lawful exercise of a right or office
1.
(ART. 13[1],11[5]) That the injury caused or offense committed be the necessary consequence of the due performance of
2.
such duty or the lawful exercise of such right or office.
INCOMPLETE OBEDIENCE The requisite that an order has been issued by a superior must always be present What may be absent are
TO ORDER OF SUPERIOR either or both of the last two requisites —
(ART. 13[1],11[6]) That such order must be for some lawful purpose
1.
2. That the means used by the subordinate to carry out said order is lawful and reasonable
INCOMPLETE ACCIDENT The first requisite must always be present, what may be absent is merely that the offender acted without
(ART. 13[1], 12[4]) negligence
1. A person is performing a lawful act
3. The act is performed with due care without fault or intention of causing injury
UNCONTROLLABLE FEAR 1. There is a threat which causes an uncontrollable fear of an evil greater than or at least equal to, that
(ART. 13[1], 12[6]) which he is required to commit
2. The threat promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.
SENILITY The offender must be over 70 years of age when the felony was committed
(ART. 13[2])
PRAETER INTENTIONEM This is when the facts show that there is a notable and evident disproportion between the following —
1.
2. The consequences of such acts
2.
3. That the provocation must be immediate to the act
VINDICATION OF A GRAVE 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants,
OFFENSE descendants, legitimate natural or adopted brothers or sisters or relatives by affinity within the same
(ART. 13[5]) degrees
2. That the felony is committed in vindication of such grave offense within a reasonable amount of time
PASSION AND 1. The accused acted upon an impulse so powerful that it naturally produced passion or obfuscation in
OBFUSCATION him.
(ART. 13[6]) The impulse arose out of the lawful sentiments of the offender such that it was created by unlawful or
2.
unjust acts by the offended party.
3. Such act must not be far removed from the commission of the crime by a considerable amount of
time, during which the perpetrator might recover his normal equanimity
VOLUNTARY SURRENDER 1. That the offender had not been actually arrested
(ART. 13[7]) That the offender spontaneously and voluntarily surrendered himself because he acknowledges his
2.
guilt or wishes to save the trouble and expenses necessarily incurred in his search and capture.
3. That the surrender was to a person in authority or his agent
4. The surrender must be by reason of the commission of the crime for which the offender is prosecuted
VOLUNTARY PLEA OF 1. That the offender spontaneously confessed his guilt and entered a plea of guilt
GUILT That the confession of guilt was made in open court, before the competent court that is to try the case
2.
(ART. 13[7]) It must be made prior to the presentation of evidence for the prosecution
3.
PHYSICAL DEFECTS 1. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
(ART. 13[8]) 2. Such defect restricts his means of action, defense, or communications with his fellow beings.
ILLNESS DIMINISHING THE 1. That the illness of the offender must diminish the exercise of his will-power
EXERCISE OF WILL-POWER That such illness should not deprive the offender of consciousness of his acts
2.
(ART. 13[9])
ANALOGOUS MITIGATING Any other circumstances of a similar nature and analogous to those above mentioned. Such as —
CIRCUMSTANCES 1. Offender was over 60 years old and with failing sight is analogous to senility
(ART. 13[10])
2. Restitution in malversation of public funds is analogous to voluntary plea of guilty
PRIVILEGED MITIGATING RULE — The presence of privilege mitigating circumstances results in lowering the imposable penalty by
CIRCUMSTANCES degrees. These cannot be offset by any aggravating circumstances. They are always considered whether
(ART. 68, 69) the penalty imposable is divisible or indivisible. These are those outside of Art. 13 and is found in Art. 68
and 69 —
1. Art. 68 (as amended by RA 9344) — Minors over 15 and under 18 years of age who acted with
discernment, the penalty next lower than that prescribed by law is imposed, but always in the proper
period
2. Art. 69 — If the deed is not wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability, if majority of such conditions are
present. The penalty is lower by one or two degrees, on the court’s discretion
MINORS OVER 15 AND By virtue of RA 9344 or the Juvenile Justice and Welfare Act, minority is always at least a privileged
UNDER 18 YEARS ACTING mitigating circumstance
1.
(ART. 68, AS AMENDED BY
RA 9344) 2. Minors over 15 years but under 18 acting without discernment — exempting circumstance
3. Minors over 15 years but under 18 acting with discernment — privileged mitigating under Art. 68
IF THE DEED IS NOT If the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the
WHOLLY EXCUSABLE same or to exempt from criminal liability, if majority of such conditions are present. The penalty is lower by
(ART. 69) one or two degrees
RULE — It is necessary that there be present a majority of the elements of the mitigating circumstance for
Art. 69 to apply.
BUT — When the circumstance only requires two elements, the presence of one is considered a
majority. (People vs Oanis)
SPECIFIC MITIGATING These are found in other provisions and only applicable to specific crimes —
CIRCUMSTANCES
1. Art. 268, par. 3 — Voluntary release of the person illegally detained within 3 days without the offender
attaining his purpose and before the institution of criminal action. The penalty is one degree lower
2. Art 333, par. 3 — Abandonment without justification of the house who committed adultery. The
penalty is one degree lower
3. Art. 255 — Infanticide was committed by the mother of the child or either of the maternal
grandparents for the purpose of concealing her or their dishonor, the penalty is lowered.
AGGRAVATING CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
AGGRAVATING RULE — When the offender acts in accordance with aggravating circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is increased. They may be —
(ART. 14) Generic Aggravating — Circumstances under Art. 14 that apply to all kinds of crimes, These are the
1.
circumstances in Art. 14, par 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except by means of
motor vehicles)
2. Specific Aggravating — Circumstances under Art. 14 that apply only to particular kinds of crimes.
These are the circumstances in Art. 14 pertaining to —
a. Insult or in disregard of the respect due the offended party (Art. 14[3]) — applies only to crimes
against persons and crimes against honor
b. Superior strength or weakening of defense (Art. 14[15]) — applies only to crimes against persons
and crimes against property
d. Ignominy (Art. 14[17])— applies only to crimes against chastity and crimes against persons (but it
has been recognized as aggravating in light and grave coercion and treason)
e. Cruelty (Art. 14[21])— applies only to crimes against chastity and crimes against persons (but it has
been recognized as aggravating in treason)
3. Special Aggravating Circumstances — increases the imposable penalty, as the case may be Unlike
3. Special Aggravating Circumstances — increases the imposable penalty, as the case may be Unlike
generic aggravating circumstances, these CANNOT be offset by ordinary mitigating circumstances.
These circumstance arise because of special conditions
4. Qualifying Aggravating Circumstances — merely serves to change the nature of the crime
5. Inherent Aggravating Circumstances — no effect, these do NOT increase criminal liability or the
penalty
EFFECT OF AGGRAVATING Aggravating Circumstances under Art. 14 — increase the imposable penalty to the maximum period
CIRCUMSTANCES ‣ EXCEPT — They are not considered when what is prescribed is a single indivisible penalty
SPECIAL AGGRAVATING 1. Its effect is to increase the criminal liability by increasing imposable penalty
2.
3. They do not change that nature of the offense
3. Inherent in the crime to such a degree that it must of necessity accompany the commission
thereof — These are circumstances which necessarily accompany the commission of the crime
These are the circumstances These are circumstances in the RPC These are circumstances These may be circumstances
enumerated under Art. 14 or provided for in special laws which in the RPC or provided —
imposed
2. Inherent in the crime
3. Inherent in other
aggravating
circumstances
CONCEPT NOTES/ELEMENTS
IN CONTEMPT OR WITH 1. The crime was committed in the presence of public authority
INSULT TO THE PUBLIC The public authority is engaged in the exercise of his functions
2.
AUTHORITIES The public authority’s presence has not prevented the offender from committing the act
3.
(ART. 14[2]) Such public authority is not the person against whom the crime is committed
4.
5. The offender has knowledge of the person’s being one of public authority
INSULT OR IN DISREGARD 1. The crime committed is classified as a “crime against persons” or “crimes against honor”
OF THE RESPECT DUE THE The offender must have deliberately intended the insult or disrespect against the offended party’s rank,
2.
OFFENDED PARTY age, or sex
(ART. 14[3])
DWELLING OF THE 1. The offended party must be inside his dwelling when the crime was committed
OFFENDED PARTY The offended party must NOT have given sufficient and immediate provocation
2.
(ART. 14[3]) The offender must NOT reside in the same dwelling as the offended party
3.
ABUSE OF CONFIDENCE 1. The offended party had trusted or placed confidence in the offender
(ART. 14[4]) The offender abused such trust and such abuse of confidence facilitated the commission of the crime
2.
CRIME COMMITTED IN THE 1. The crime must be committed in either of the following places —
EXECUTIVE OR IN HIS
ii. Presence of the Chief Executive
PRESENCE, OR WHERE
PUBLIC AUTHORITIES ARE iii. Place where public authorities are engaged in the discharge of their duties
ENGAGED IN THE
iv. Place dedicated to religious worship
DISCHARGE OF THEIR
DUTIES, OR IN A PLACE 2. The offender must have the intention to commit the crime when he entered the place (People vs
DEDICATED TO RELIGIOUS Jaurigue)
WORSHIP (ART. 14[5])
2.
3. It must be especially sought and taken advantage of by the offender
2.
3. It must be especially sought and taken advantage for by the offender to insure the commission of the
crime or for the purpose of impunity
BAND 1. The crime was committed by a band (at least 4 armed malefactors acting together in the commission
(ART. 14[6]) of the offense)
3. It must be especially sought and taken advantage for by the offender to insure the commission of the
crime or for the purpose of impunity
CONFLAGRATION, 1. The crime was committed on the occasion of either of the following —
SHIPWRECK, EARTHQUAKE, Conflagration (fire)
i.
EPIDEMIC OR OTHER Shipwreck
ii.
CALAMITY OR MISFORTUNE Earthquake
iii.
(ART. 14[7])
iv. Epidemic
v. Other calamity or misfortune — this must be of a similar nature to the first four circumstances
ejusdem generis
2. The offender must have taken advantage of the calamity or misfortune
AID OF ARMED MEN OR 1. That armed men took part, directly or indirectly, in the commission of the crime
14[8]) Such armed men were NOT in conspiracy with the accused
3.
(ART. 14[9]) That he was previously convicted by final judgment of another felony
2.
3. The previous conviction by final judgment was for a felony committed PRIOR to the felony he is
currently being charged and tried
4. That both the first and the second offences are embraced in the same title of the RPC
2.
(ART. 14[10]) An offense to which the law attaches an equal or greater sentence than that attached for the new
i.
offense
ii. Two offenses to which the law attaches with lighter sentences than that attached for the new
offense
PROMISE
2. The offender offers a price, reward, or promise to the another who accepts it as the primary
(ART. 14[11]) consideration for the commission of the crime
ARTIFICE INVOLVING GREAT 1. The offender commits the crime by means of either of the following —
(ART. 14[12])
ii. Fire
iii. Poison
iv. Explosion
vii. By the use of any other artifice involving great waste and ruin
EVIDENT PREMEDITATION 1. The time when the offender determined to commit the crime must be proven and established
(ART. 14[13]) 2. Acts manifestly indicating that the culprit has clung to his determination
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will
CRAFT, FRAUD OR DISGUISE This applies when any of the following means is employed in the commission of the crime —
(ART. 14[14]) 1. Craft — involves intellectual trickery and cunning on the part of the accused. It is usually done in
order not to arouse the suspicion of the victim.
2. Fraud — insidious words or machinations used to induce the victim to act in a manner which would
enable the offender to carry out his design
3. Disguise — resorting to any device for the purpose of enabling the offender to conceal his identity
SUPERIOR STRENGTH OR 1. This aggravating circumstance applies only to crimes against persons and property (Reyes)
WEAKENING OF DEFENSE
2. Advantage of superior strength — means to use purposely excessive force out of proportion to the
(ART. 14[15]) means of defense available to the person attacked. The offender must deliberately take advantage of
his superior strength
(ART. 14[16]) The offender deliberately and consciously employs means, methods, or forms in the execution of the
2.
crime to insures its execution without risk to himself arising from the defense which the offended party
might make
3. At the time of the attack, the victim was not in a position to defend himself
c. By a band
e. Nocturnity
i.
ii. Crime against persons (such as physical injuries or murder)
iii. BUT — it has been recognized has aggravating in light and grave coercion (a crime against
security) (People vs Cantong) and treason (People vs Racaza)
2. The offender employed means brought about circumstances brought which add ignominy to the
natural effects of the act
UNLAWFUL ENTRY This is appreciated when a crime is committed after the offender unlawfully enters into a building or
(ART. 14[18]) structure by a way not intended for the purpose
BROKEN WALL, ROOF, This is appreciated when the offender breaks a wall, roof, floor, door, or window or parts thereof as a
FLOOR, DOOR, OR WINDOW means to the commission of a crime
(ART. 14[19])
MOTOR VEHICLES This is appreciated when the offender employs the use of motor vehicles, motorized watercraft, airships, or
(ART. 14[20]) other motorized means of transportation as a means to commission of the crime
2. The injury caused is deliberately increased or augmented by causing some other wrong
3. The other wrong is unnecessary for the execution of the purpose of the offender
(can be offset by ordinary mitigating circumstances) (cannot be offset by ordinary mitigating circumstances)
Increases the imposable penalty to the maximum period Another additional, distinct and separate Increases the
penalty is to be imposed upon the habitual imposable penalty to
delinquent the maximum period
1. That the offender on trial 1. The accused is on trial 1. That the offender had been convicted 1. The offender
for a subsequent felony
for a new offense
of any of following the crimes of — (a) commits a
serious or less serious physical subsequent
2. That he was previously 2. That he previously
injuries, (b) robbery, (c) theft, (d) felony after
convicted by final served sentence for
estafa, (e) falsification
conviction by
judgment of another either following —
final judgment of
felony 2. That after conviction or after serving
a. An offense to which the the prior felony
CONCEPT NOTES/ELEMENTS
TAKING ADVANTAGE OF There must be an intimate connection between the offense and the office of the accused. Not aggravating
PUBLIC POSITION when it is an integral element or inherent in the offense
(ART. 62[1A] AS AMENDED TEST — Did the accused abuse his office in order to commit the crime?
BY RA 7659)
ORGANIZED OR Organized/syndicated crime group — means a group of 2 or more persons collaborating, confederating or
SYNDICATED CRIME GROUP mutually helping one another for purposes of gain in the commission of any crime.
(ART. 62[1A] AS AMENDED
BY RA 7659)
MULTI-RECIDIVISM OR 1. That the offender had been convicted of any of the following crimes (FRETSL) —
HABITUAL DELINQUENCY
i. Falsification
(ART. 62[5])
ii. Robbery
iii. Estafa
iv. Theft
2. That after conviction or after serving his sentence, he again committed, and within 10 years from his
last release or first conviction, he was again convicted of any of the said crimes for the second time.
3. That after his conviction or after serving his sentence for the second offense, he again committed, and
within 10 years from his last release or last conviction, he was again convicted of any of the said crimes
for the third time of oftener
QUASI-RECIDIVISM Any person who shall commit a felony after having been convicted by final judgment, before beginning to
(ART. 160) serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new felony.
(ART. 48) Compound crime — when a single act constitutes two or more grave or less grave felonies
1.
2. Complex crime proper — when an offense is a necessary means for committing the other
ERROR IN PERSONAE 1. The crime committed is one involving error in personae, NOT to aberratio ictus (where Art. 48 applies)
(ART. 49) or praeter intentionem (where Art. 4 and 13[3] applies)
2. It only applies when the intended crime and the crime actually committed are punished with different
penalties
1.
COMMISSION OF CRIMES Takes advantage of children
2.
(SEC. 20[C] OF RA 9344 AS Profits from the use of children
3.
AMENDED BY RA 10630)
4. Abuses his authority over the child
USE OF AN LOOSE FIREARM Loose firearm — refers to either any of the following—
IN THE COMMISSION OF A
1. Unregistered firearm
2.
(SEC. 29, RA 10591) Firearm which has been lost or stolen
3.
4. Illegally manufactured firearms
5. Registered firearms in the possession of an individual other than the licensee and those with revoked
licenses in accordance with the rules and regulations
RULE — The use of a loose firearm, when inherent in the commission of a crime punishable under the RPC
or special laws, shall be considered as an aggravating circumstance increasing the penalty to its maximum
period
1. If the crime committed with the use of a loose firearm has maximum penalty which is lower than
that the penalty for illegal possession of firearm — the penalty for illegal possession of firearm
shall be imposed in lieu of the penalty for the crime charged
2. If the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is equal to penalty for illegal possession of firearm — the penalty of prision mayor
in its minimum period shall be imposed in addition to the penalty for the crime punishable under the
RPC or special laws.
3. If the crime committed with the use of a loose firearm is in furtherance of, or incident to, or in
connection with the crime of rebellion of insurrection, or attempted coup d’ etat — such violation
shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat.
4. If the crime is committed by the person without using the loose firearm — the violation shall be
considered as a distinct and separate offense.
COMMITTING A CRIME A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the
UNDER THE INFLUENCE OF commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal
DANGEROUS DRUGS Code shall be applicable.
(SEC. 25, RA 9165)
COMMITTING A CRIME All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed
THROUGH AND WITH THE by, through and with the use of information and communications technologies shall be covered by the
USE OF INFORMATION AND relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
COMMUNICATIONS that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
TECHNOLOGIES
(SEC. 6, RA 10175)
ALTERNATIVE CIRCUMSTANCES
CONCEPT NOTES/ELEMENTS
ALTERNATIVE RULE — When the offender acts in accordance with alternative circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is decreased or increased, as the case may be
(ART. 15)
RELATIONSHIP This is when the offended party is either any of the following of the offender —
2. Ascendant
3. Descendant
INTOXICATION Intoxication means that at the time of the commission of the crime, the offender has taken such quantity of
(ART. 15) alcoholic drinks as to blur his reason and deprive him of a certain degree of control. The offender’s mental
faculties must be affected by his drunkenness.
1. AGGRAVATING — In the following cases —
i. Intoxication is habitual
ii. If it is intentional or subsequent to the plan to commit a felony (meaning the offender purposely
drank alcohol as a stimulant to commit the crime)
DEGREE OF INSTRUCTION 1. AGGRAVATING — High degree of instruction. But the offender must deliberately take advantage of his
(ART. 15) learning in committing the crime
2. MITIGATING — Low degree of instruction. This is when the offender has the lack of sufficient
intelligence and knowledge of the full significance of his acts
‣ EXCEPT — in the following cases, the low degree of instruction is NOT mitigating —
iii. Treason — because love for country should be a natural feeling of every citizen
AGGRAVATING — never
AGGRAVATING —
AGGRAVATING — in general,
regardless of the degree
MITIGATING —
1. In general, where the offended party is a relative
of a higher, or at least equal degree of the
1. Robbery (Art. 294-302)
offender (People vs Alisub 1940)
2. Usurpation (Art. 312)
EXEMPTING —
b. Homicide or murder
1. Theft
3. In rape, where the offended party is the daughter
of the offender
2. Estafa
b. Homicide or murder
‣ They are persons who They are persons who 1. They have knowledge of the commission of the crime but did not
either —
are not principals but participated therein either as principals or accomplices
cooperate in the
1. Take a direct part in the 2. They merely take part subsequent to its commission in any of the
execution of the
execution of the act
following manners —
offense by previous or
2. Directly force or induce simultaneous acts a. By profiting themselves or assisting the offender to profit by the
others to commit it
effects of the crime
3. Cooperate in the b. By concealing or destroying the body of the crime, or the effects or
commission of the instruments thereof, in order to prevent its discovery
ii. Whenever the author of the crime is guilty of any of the ff. —
(1) Treason
(2) Parricide
(3) Murder
KINDS OF PARDON
Covered
EXCEPT —
1. Adultery (Art. 344)
1. In cases of impeachment
2. Concubinage (Art. 344)
As to the Effect Cannot affect the civil liability ex Offended party can waive the civil liability
on Civil Liability delicto
When Granted Can only be granted upon conviction Can be granted before or after the institution of the criminal action
by final judgment
To Whom it Benefits only the grantee of the The pardon benefits all the principals, accomplices and accessories to the
Benefits pardon crime
EXCEPT —
PENALTY DURATION
Temporary disqualification EXCEPT — when Disqualification is an accessory penalty, in which case its duration is the same
as that of the principal penalty
Suspension EXCEPT — when Sisqualification is an accessory penalty, in which case its duration is the same
as that of the principal penalty
Destierro
PLURALITY OF CRIMES
1. That only a single act is performed by 1. That at least two offenses are 1. There are a series of acts (regardless
the offender
committed
of the period of time over which it
occurred)
other
criminal purpose and resolution to
b. One or more grave and one or attain a definite objective
punished under the same statute 3. All of such acts violates the same
c. Two or more less grave felonies criminal offense as defined
Penalty for the most serious crime shall be imposed in its maximum period Only one penalty is imposed despite the
number of acts performed
Single and indivisible That immediately following that If penalty prescribed is — death
Two indivisible penalties Penalty next lower in degree is If penalty prescribed is — reclusion perpetua to death
Two indivisible penalties and the If penalty prescribed is — reclusion temporal in its
maximum period of another maximum period to death
divisible penalty
The penalty next lower in degree is — prision mayor in its
Penalty next lower in degree
(Art. 61[3]) maximum period to reclusion temporal in its medium
shall be composed of the
period
medium and minimum periods
of the proper divisible penalty
and the maximum period of that
CLARENCE TIU CRIMINAL LAW
ATENEO LAW 4B-2017 26 OF 89 MEMORY AID
PENALTY PRESCRIBED BY LAW PENALTY NEXT LOWER IN APPLICATION
DEGREE
of the proper divisible penalty
and the maximum period of that
Single indivisible penalty and the If penalty prescribed is — reclusion temporal in its
immediately following in said
maximum period of another maximum period to reclusion perpetua
respective graduated scale.
divisible penalty
The penalty next lower in degree is — prision mayor in
(Art. 61[3]) its maximum period to reclusion temporal in its medium
period
3 periods corresponding to Penalty next lower in degree is If penalty prescribed is — prision mayor in its medium
Different Divisible Penalties the penalty consisting in 3 period to reclusion temporal in its minimum period
periods down the scale
(Art. 61[4]) The penalty next lower in degree is — prision correccional
in its medium period to prision mayor in its minimum
REYES — “several periods” in Art.
period
61[4] means 3 periods
2 periods Penalty next lower in degree is If penalty prescribed is — prision mayor in its medium
the penalty consisting in 2 period to maximum period
(Art. 61[5])
periods down the scale
The penalty next lower in degree is — prision correccional
in its maximum period to prision mayor in its minimum
period
1 period Penalty next lower in degree is If penalty prescribed is — arresto mayor in its maximum
the penalty consisting in 1 period
(Art. 61[5])
period down the scale
The penalty next lower in degree is — arresto mayor in its
minimum period
MAXIMUM That which could be properly imposed under the RPC, Must not exceed the maximum
TERM considering the aggravating and mitigating circumstances. term fixed by said law
MINIMUM TERM Within the range of the penalty 1 degree lower than that Must not be less than the
prescribed by the RPC without considering the mitigating or minimum term fixed by said law
aggravating circumstances
3. Life imprisonment
5. Espionage
6. Piracy
OTHERS 1. When offender files an appeal (except if a 1. When offender granted a conditional pardon by the
non-probationable penalty was initially President but violated the terms thereof
1. Death, reclusion perpetua or 1. Offenses punished only by a fine 1. Death and reclusion perpetua —
reclusion temporal — 20 years or by imprisonment for not more 20 years
years
years
4. Penalty is arresto mayor — 5
3. Offenses punished by 4. Arresto mayor —5 years
years
5. Treason — 20 years
6. Violations penalized by
municipal ordinances — 2
months
CRIME ELEMENTS
a.
b. Resident alien
1. Levying War —
a. ACT — That there be an actual assembling of men
b. WHY — For the purpose of executing a treasonable design by force, with intent to overthrow the
government in favour of another enemy country
CONSPIRACY TO 1. ACT — Two or more persons come to an agreement to levy war against the government or to adhere to
COMMIT TREASON the enemies and to given them aid or comfort, and decide to commit it
PROPOSAL TO COMMIT 1. ACT —A person who has decided to commit treasonous acts, proposes its execution to some other person
TREASON or persons
(ART. 115) 2. WHEN — Time of war
(ART. 116)
3. ACT — He conceals or does not disclose and make known the conspiracy as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides
1.
2. ACT — Entering a warship, fort, or naval or military establishment or reservation
3. WHY — Purpose is to to obtain any information, plans photographs, or other data of a confidential nature
relative to the defense of the Philippines
2. WHAT — He has in his possession the articles, data, or information of a confidential nature relative to the
defense of the Philippines, by reason of the public office he holds
2.
REPRISALS Provoke or give occasion for a war involving or liable to involve the Philippines
a.
(ART. 118)
b. Expose Filipino citizens to reprisals on their persons or property
NEUTRALITY WHEN — There is a regulation issued by competent authority for the purpose of enforcing neutrality
2.
(ART. 119) ACT — Offender violates the regulation issued by authorities for the purpose of enforcing neutrality
3.
WITH HOSTILE
2. ACT [2] — Offender makes correspondence with either —
a.
(ART. 120)
b. Territory occupied by enemy troops
QUALIFYING (WHY) — If notice of information be given thereby which might be useful to the enemy and the
offender intended to aid the enemy by giving such notice or information. (Qualified to Treason)
COUNTRY WHEN — Going to the enemy country must be prohibited by competent authority
2.
(ART. 121) WHO [2] — Offender is either a —
3.
a. Filipino Citizen
b. Resident Alien
1.
532) High seas
a.
b. Philippine waters
3. ACT [2] — Offender attacks, seizes or takes away the any of the following —
b. Cargo
c. Equipment
1. HOW — Whenever the offenders have seized the vessel by boarding or firing upon the same
2. WHEN — Whenever the pirates have abandoned their victims without means of saving themselves
3. WHEN — Whenever the crime is accompanied by murder, homicide, physical injuries, or rape
2. WHO — Any person (including a passenger or member of the complement of said vessel)
3. ACT— Offender attacks, seizes or takes away the any of the following, irrespective of the value thereof—
b. Cargo
c. Equipment
QUALIFYING [3] —
1. HOW — Whenever the offenders have seized the vessel by boarding or firing upon the same
2. WHEN — Whenever the pirates have abandoned their victims without means of saving themselves
3. WHEN — When ANY other crimes are committed as a result of, or on occasion of, the piracy
‣ NOTE — If the offenders committing piracy and mutiny sow and create 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, they are also liable for Terrorism under RA 9372.
(ART. 122, 123) WHO — Offenders are members of its complement of crew or are passengers
2.
3. ACT — Offenders raise commotions to protest, or go against the lawful command of the captain
employing violence and endangering the safety of the passengers (intent to gain not necessary)
‣ QUALIFYING (WHEN) — Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape (Qualified to Qualified Mutiny)
‣ NOTE — If the offenders committing piracy and mutiny sow and create 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, they are also liable for Terrorism under RA 9372.
1.
(RA 6235) Compels a Foreign aircraft to land in Philippine territory
2.
3. Seizes or usurps the control of a Philippine aircraft while it is in flight.
4. Seizes or usurps the control of a Foreign Aircraft while it is within the said territory
5. Ships, loads or carries in any passenger aircraft operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or material
QUALIFYING (WHEN) [3] — The penalty is increased whenever the offender either—
1. Fires upon the pilot, member of the crew or passenger of the aircraft
2. Causes attempts to cause the explosion of any bomb or explosive to destroy the aircraft
WHO Persons must be a stranger to the vessel. Any person including a passenger or member of
They must not be members of the the complement
complement or passengers
ACT Same
QUALIFYING Same, except that in Art. 122, the enumeration of crimes accompanying the Piracy is limited to
murder, homicide, physical injuries, or rape. In PD 532, it may comprehend any other crime
CRIME ELEMENTS
Arbitrary Detention by Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
1. WHO — Public officer or employee
2. WHEN — That he has arrested and detained a person for some legal ground without a warrant
3. ACT — He fails to deliver such person to the proper judicial authorities within the following periods —
a. Delays the performance of a judicial or executive oder for the release of the prisoner
b. Unduly delays the service of the notice of such order to said prisoner
c. Unduly delays the proceedings upon any petition for the liberation of such person
(ART. 127) 2. WHEN — When he is not authorised by law, such as the courts or the President in the proper cases
1.
(ART. 128-130) WHEN — No search warrant issued
2.
3. ACT [3] —The offender either —
b. Searches papers or other effects in the domicile without the previous consent of the owner
c. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same
5. ACT — If any papers or effects not constituting evidence of a crime are not returned immediately after
the search made by the offender
Art. 129 —Violation of Domicile by Maliciously Obtained Search Warrant or Abusing Search Warrant
1. WHO — Public officer or employee
b. Exceeds his authority or by using unnecessary severity in executing a search warrant legally procured
2. WHEN — When the search is proper, meaning there is a search warrant issued
3. WHEN — That the owner, or any member of his family, or two witnesses residing in the same locality are
not present
4. ACT — That he searches the domicile, papers or other belongings of any person (applies only to search of
domicile)
ANTI-WIRETAPPING 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or
ACT spoken word —
b. By using any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape-recorder, or however otherwise described.
2. It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next
preceding sentence to—
a. Knowingly possess any tape record,wire record,disc record,or any other such record, or copies
thereof, of any communication or spoken word secured either before or after the effective date of this
Act in the manner prohibited by this law; or
3. Any person who wilfully or knowingly does or who shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who violates the provisions of the following section or
of any order issued thereunder, or aids, permits, or cause such violation
PROHIBITION, 1. WHO — Public officer or employee who is not part of the meeting
2.
DISSOLUTION OF Prohibits, interrupts, or dissolves without legal ground, the holding of a peaceful meeting (not by a
a.
PEACEFUL MEETINGS municipal council)
(ART. 131)
b. Hinders any person from joining any lawful association or from attending any of its meetings
c. Prohibits or hinders any person from addressing, either alone or together with others, any petition to
the authorities for the correction of abuses or redress of grievances
1.
(ART. 132, 133) WHEN — That religious ceremonies or manifestations of any religion are about to take place or are going
2.
on
2. ACT — Offender performs acts which are notoriously offensive to the feelings of the faithful
3. WHY — There must be deliberate intent to hurt the feelings of the faithful
ACTS PUNISHABLE UNDER ART. 128 — VIOLATION OF DOMICILE WITHOUT SEARCH WARRANT
HOW ENTRANCE Entry here must be against Entry here presupposes either a Entry here presupposes a
WAS MADE the will of the owner, which is prior admittance to the domicile/ surreptitious entry by the
made either expressly or residence by the owner or an entry offender, means that the
impliedly as when the door is without the knowledge of the entry is only without the
closed even if it is unlocked owner consent
PUNISHABLE ACT Entering any dwelling against Searcing papers or other effects in Refusal of the offender to
the will of the owner the domicile without the previous leave the premises when
consent of the owner required to do so by the
owner
CRIME ELEMENTS
(ART. 134)
3. WHY [2] — Purpose of the uprising or movement is either —
a. To remove from the allegiance to said Government, the territory of the Philippines or any part thereof,
or any body of island, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives
2. ACT — Swift attack singly or simultaneously carried out anywhere in the Philippines
c. Communications networks, public utilities, or other facilities needed for the exercise and continued
possession of power
1.
COUP D’ETAT, Proposal to commit rebellion or insurrection
2.
REBELLION OR Conspiracy to commit coup d’etat
3.
INSURRECTION
4. Proposal to commit coup d’etat
(ART. 136)
OFFICERS OR
2. WHEN — Existence of a rebellion
3.
(ART. 137) Fails to resist a rebellion by all the means in their power
a.
b. Continues to discharge the duties of their offices under the control of rebels
INCITING TO REBELLION 1. WHO — Offender who does not take arms or is not in open hostility against the government
(ART. 138) 2. ACT — He incites others to the execution of any of the acts of rebellion (he incites others to rise publicly
or take up arms against the government to achieve the purposes of rebellion)
3. HOW — Inciting is done by means of speeches, proclamations, writings, emblems, banners, or other
representations tending to the same end
2.
3. HOW — They employ force, intimidation, or other means outside of legal methods
a. Prevent the —
iii. National Government or any provincial or municipal government, or any public officer thereof from
freely exercising its or his functions
b. To inflict any act of hate or revenge upon the person or property of any public officer or employee
c. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class
d. To despoil, for any political or social end, any person, municipality, or province, or the National
government of all its property or any part thereof.
CONSPIRACY TO ACT — When two or more persons come to an agreement and a decision to attain an object of sedition and to
COMMIT SEDITION rise publicly and tumultuously
(ART. 141)
b. ACT — He incites others to the accomplishment of any of the acts which constitute sedition (he incites
others to rise publicly and tumultuously to achieve the purposes of sedition)
c. HOW — That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end
i. Government
i. Tending to disturb or obstruct any lawful officer in executing the functions of his office
ii. Tending to instigate others to cabal and meet together for unlawful purposes
iv. Leading or tending to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government
AUTHORITY AND THEIR Any person who is directly vested with jurisdiction, whether as an individual or as a member of some
a.
AGENTS; PUBLIC court or governmental corporation, board, or commission. Barrio captains and a barangay chairmans
OFFICERS
are also deemed to be persons in authority.
iii. Lawyers
a. Any person who, by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property
3. Public Officers — Any person who, by direct provision of the law, election or appointment, shall take part
in the performance of public functions in the Government of the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as an employee, agent or subordinate official, of any
rank or class
DIRECT ASSAULTS Without public uprising, by employing force or intimidation for the attainment of any of the purposes
(ART. 148) enumerated in defining the crimes of rebellion and sedition
1. WHEN — That there is no public uprising
2. ACT — Offender commits any act to attain any of the purposes of the crime of Rebellion or Sedition
a. Force
b. Intimidation
4. WHY [7] — To objective of is to attain any of the purposes of the crime of Rebellion or Sedition —
a. To remove from the allegiance to said Government, the territory of the Philippines or any part thereof,
or any body of island, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives
c. Prevent the —
iii. National Government or any provincial or municipal government, or any public officer thereof from
freely exercising its or his functions
d. To inflict any act of hate or revenge upon the person or property of any public officer or employee
e. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class
f. To despoil, for any political or social end, any person, municipality, or province, or the National
government of all its property or any part thereof.
a. Making an attack
b. Employing force
5. WHEN/WHY [2] — That at the time of the assault the person in authority or his agent is either —
6. WHY — There is intent to defy such authorities (the offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his duties)
INDIRECT ASSAULTS 1. WHEN — That a person in authority or his agent is the victim of any of the forms of Direct Assault defined
(ART. 149) in Art. 148 and a person comes to the aid of them
2. WHO- PASSIVE — The person comes to the aid of agents of persons in authority
a. Force
b. Intimidation
RESISTANCE OR 1. WHEN — That a person in authority or his agent is engaged in the performance of official duty and gives a
SERIOUS lawful order to the offender
DISOBEDIENCE TO A WHEN — The act of the offender is NOT included in the provisions of —
b.
PERSON IN AUTHORITY Art. 148 (Direct Assault)
i.
OR HIS AGENT
ii. Art. 149 (Indirect Assault)
(ART. 151)
iii. Art. 150 (Disobedience to Summons)
b. Seriously Disobeys
SIMPLE DISOBEDIENCE 1. WHEN — An agent of a person in authority is engaged in the performance of official duty and gives a
TO AN AGENT OF A lawful order to the offender
PERSON IN AUTHORITY ACT — Offender disobeys such agent of a person in authority (Disobedience must not be serious)
2.
(ART. 151)
CONGRESS 1. Refuses, without legal excuse, to obey the summons of the National Assembly, its special or standing
(ART. 150) committees and subcommittees, the Constitutional Commissions, and its committees, subcommittees, or
divisions, or by any commission or committee chairman or member authorised to summon witnesses.
2. Refuses to be sworn or placed under affirmation while being before such legislative or constitutional body
or official
3. Refuses 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 exercise of their functions
PUBLIC ORDER 2. Interrupts or disturbs performances, functions or gatherings or peaceful meetings, if the act is not included
(ART. 153) in Art. 131 and 132
a. Art. 131 — Prohibition, Interruption, and Dissolution of Peaceful Meetings by Public Officers
3. Makes an outcry tending to incite rebellion or sedition in any meeting, association or public place
4. Displays Placards or Emblems which provoke a disturbance of public order in any meeting, association or
public place
5. Buries with pomp the body of a person who has been legally executed
QUALIFYING (HOW) — For the 1st and 2nd Act, if the disturbance and interruption is of a tumultuous
character
SCANDALS 1. Discharges any firearm, rocket, firecracker, or other explosive within any town or public place, which
(ART. 155) produces alarm or danger
2. Instigates or takes an active part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility
3. Disturbs the public peace while wandering about at night or while engaged in any other nocturnal
amusements
4. Causes any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not
applicable
MEANS OF Any person who by means of printing, lithography, or any other means of publication shall publish or
1.
PUBLICATION AND cause to be published as news any false news which may endanger the public order, or cause
UNLAWFUL damage to the interest or credit of the State
UTTERANCES
a. ACT — Knowingly publishing or cause to be publish any false news
(ART. 154)
b. EFFECT [2] — Such false news may either —
2. Any person who by the same means, or by words, utterances, or speeches, shall encourage
disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished
by law
a. ACT [2] — The offender either —
b. HOW — By means of printing, lithography, or any other means of publication or by words, utterances
or speeches
3. Any person who shall maliciously publish or cause to be published any official resolution or
document without proper authority, or before they have been published officially
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are
classified as anonymous
ILLEGAL ASSEMBLIES Any meeting attended by armed persons for the purpose of committing any of the crimes punishable
(ART. 146) under the RPC
1. WHEN — That there is a meeting or gathering, whether in a fixed place or moving, attended by armed
persons for the purpose of committing any of the crimes punishable under the RPC
2. WHO — Organizers, leaders, or those merely present (some of whom are armed)
3. WHY — Offenders should have knowledge of the purpose of the meeting (not merely attending out of
sheer curiosity)
a. Organize
b. Attend
Any meeting in which the audience is incited to the crime of Treason, Rebellion, or Insurrection,
Sedition, or Direct Assault
1. WHEN — That there is a meeting, a gathering or group or persons, whether in a fixed place or moving
3. ACT — Attending a meeting where the audience is incited to the commission of the crime of either —
a. Treason
b. Rebellion or insurrection
c. Sedition
d. Direct assault
2.
a. For the purpose of committing any of the crimes punishable under the RPC
ACTS TENDING TO 1. WHEN [2] — That there be a projected or actual meeting of either —
OF THECONGRESS AND
b. Any provincial, city or municipal council or board
OTHER SIMILAR
3. ACT — That the offender who may be any person prevents such meeting
BODIES
4. HOW — By force or fraud
(ART. 143)
DISTURBANCE OF 1. WHEN — That there be a meeting of Congress or any of its committees, subcommittees, constitutional
PROCEEDINGS OF OF commissions or committees or divisions thereof, or of any provision board or city or municipal council or
CONGRESS OR SIMILAR board
2.
(ART. 144)
a. Disturbs any of such meetings
b. Behaves while in the presence of any of such bodies in such a manner as to interrupt its proceedings
or to impair the respect due it
VIOLATION OF By Preventing any Member of Congress from attending the Meetings of the Assembly, from Expressing
PARLIAMENTARY his Opinions, or Casting his Vote
IMMUNITY WHO — Any person
1.
(ART. 145) ACT [3] — Offender prevents any member of the National Assembly from —
2.
a. Attending the meetings of Congress, any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof
4. WHEN — That the member arrested or searched has NOT committed a crime punishable under the Code
by a penalty of prision mayor or higher (higher than 6 years)
PRISONERS FROM JAILS 2. WHO — Any person who does NOT have custody of the prisoner
MITIGATING (WHERE) — If the escape of the prisoner shall take place outside of the jail or penal
establishment by taking the guards by surprise
EVASION OF SERVICE Art. 157 — By Escaping during the Term of his Sentence
OF SENTENCE WHO — Offender is a convict by final judgment who is serving his sentence which consists in deprivation
1.
(ART. 157-159) of liberty
2. ACT — He evades the service of his sentence by escaping during the term of his sentence
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
3. WHEN — That the offender evades the service of his sentence by leaving the penal institution where he is
confined, on the occasion of such disorder or during the mutiny
4. ACT — That the offender fails to give himself up to the authorities within 48 hours following the issuance of
a proclamation by the Chief Executive announcing the passing away of such calamity
CRIME ELEMENTS
HOW FORGERY IS 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the
COMMITTED appearance of a true genuine document.
(ART. 169) By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
2.
contained therein.
1.
FORGING THE Signature of the President
2.
SIGNATURE OR STAMP Stamp of the President
3.
OF THE PRESIDENT
(ART. 161)
USING FORGED 1. WHEN — That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
SIGNATURE OR Executive was forged by another person
2.
STAMP ACT — He used the counterfeit seal or forged signature or stamp
3.
(ART. 162)
MAKING, IMPORTING WHAT [2] — Any of the following false or counterfeited coins —
1.
ANDUTTERING FALSE Current or withdrawn coins of the Philippines
a.
COINS
(ART. 163) b. Current or withdrawn coins of Foreign Countries
2. ACT [3] — Offender either —
MUTILATION OF COINS, 1. WHAT — Current coins of the Philippines (does not include those of a foreign country or those withdrawn)
IMPORTATION AND 2. ACT [3] —
UTTERING OF a. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to
MUTILATED COINS defraud another
b.
c. Uttering such mutilated current coins in connivance with the mutilator or importer in case of uttering
MUTILATED COINS, a. Possesses counterfeited or mutilated coins with the intent to utter them
WITHOUT CONNIVANCE
b. Utters counterfeited or mutilated coins
(ART. 165)
a.
TREASURY OR BANK Certificates
b.
NOTES, OR OTHER Other document payable to the bearer issued by the PH government or foreign government or PH/
c.
DOCUMENTS PAYABLE foreign bank
TO BEARER
2. ACT [3] —
(ART. 166)
a. Forging or falsification of treasury or bank notes or other document payable to the bearer
c. Uttering such false or forged obligations or notes in connivance with the forgers or importers
2.
PAYABLE TO BEARER Forging
a.
(ART. 167)
b. Importing
ILLEGAL POSSESSION 1. WHEN [2] — That either of the following finical instruments is falsified or forger by another person —
AND USE OF FORGED Any treasury or bank note or certificate or other obligation and security payable to bearer
a.
TREASURY OR BANK
b. Any instrument payable to order or other document of credit not payable to bearer is forged
INSTRUMENTS OF
4. ACT [2] — Offender either —
CREDIT
a. Uses any such forged or falsified instruments
(ART. 168)
b. Possess with intent to use any of such forged or falsified instruments
FALSIFICATION OF 1. WHEN — That there be a bill, resolution, or ordinance enacted or approved or pending approval by either
LEGISLATIVE House or Legislature or any local legislative bodies
DOCUMENTS ACT — Offender, without authority, alters such bill, resolution or ordinance in such a way that the it has
2.
(ART. 170) changed the meaning of the document
PUBLIC OFFICER, ACT [8] — He falsifies a document by committing any of the following acts —
2.
EMPLOYEE, OR NOTARY
a. Counterfeiting or imitating any handwriting, signature, or rubric
PUBLIC
b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact
(ART. 171) so participate
c. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them.
f. Making any alteration or intercalation in a genuine document which changes its meaning
h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official
book
2. ACT — The act of falsifications of falsification as enumerated above is committed with respect to any
record or document which affect the civil status of persons
a.
COMMERCIAL
b. Public officer or employee who does NOT take advantage of his official position
DOCUMENT BY A
2. ACT [8] — That he committed any of the acts of falsification enumerated in Art. 171
PRIVATE INDIVIDUAL
3. WHAT [3] — That the falsification was either committed in a —
(ART. 172)
a. Public
b. Official
c. Commercial document
PRIVATE DOCUMENT BY ACT [8] — That the offender committed any of the acts of falsification in Art. 171
2.
ANY PERSON WHAT — That the falsification was committed in a private document
3.
(ART. 172[2]) EFFECT— That the falsification caused damage to a third party or at least the falsification was committed
4.
with intent to cause damage (means the private document must be used/uttered) (Element of Damage)
1.
(ART. 172[3]) WHAT — That the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of article 172.
2.
(Means the document must be public, official, commercial, or private)
2. WHAT — That the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of article 172.
(Means the document must be public, official, commercial, or private)
4. EFFECT — That the use of the false document caused damage to another or at least it was used with
intent to cause such damage (Element of Damage)
AND TELEPHONE
b. Officer of employee of a private corporation engaged in the service of sending or receiving wireless,
MESSAGES cable, or telephone message
(ART. 173)
2. ACT [2] —
USE OF FALSIFIED 1. WHEN — That the accused knew that wireless, cable, telegraph, or telephone message was falsified by
WIRELESS, TELEGRAPH, any of the persons specified int he first paragraph of Art. 173
2.
MESSAGES EFFECT — That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use
3.
(ART. 173[2]) thereof was with intent to cause such prejudice (Element of Damage)
1.
CERTIFICATES, FALSE ACT — Issuance of false medical certificates
2.
CERTIFICATES OF
MERIT OR SERVICE Issuance of False Merit of Service, Good Conduct or Similar Circumstances
(ART. 174)
1. Any public officer
a.
CERTIFICATES OF Certificate of merit of service, good conduct or similar circumstances
b.
MERIT OR SERVICE
(ART. 174)
a.
b. Certificate of merit of service, good conduct or similar circumstances
POSSESSION OF Makes or introduces into the Philippine Islands any stamps, dies, marks, or other instruments or
1.
INSTRUMENTS OR implements intended to be used in the commission of the offenses of counterfeiting or falsification
IMPLEMENTS FOR Possesses, with intent to use, the instruments or implements for counterfeiting or falsification made in or
2.
FALSIFICATION introduced into the Philippines by another person
(ART. 176)
1.
CONCEALING TRUE HOW — He uses that fictitious name publicly
2.
NAME WHY [3] — Purpose of the offender is —
3.
(ART. 178)
a. To conceal a crime
UNIFORM OR INSIGNIA 2. WHAT — That the insignia, uniform, or dress pertains to an office not held by the offender or to a class of
(ART. 179) persons of which he is not a member
3. HOW — That said insignia, uniform or dress is used publicly and improperly
DEFENDANT
AGAINST
2. WHEN [2] — The defendant of the proceeding in which the offender testified false against is either —
IN CRIMINAL CASES
a. Acquitted
(ART. 180)
b. Convicted by final judgment and sentenced to at least a correctional penalty (does not include arresto
menor) or imposed a fine
3. ACT — That the offender testifies falsely under oath against the accused therein
4. WHO — Offender has knowledge that the testimony he gives is false (there is intent to prejudice the
accused)
FAVOR OF DEFENDANT 2. ACT — Offender gives false testimony under oath in favor of the accused
IN CRIMINAL CASES WHO — Offender has knowledge that the testimony he gives is false (there is intent to favor the accused)
3.
(ART. 181)
CIVIL CASES 2. ACT — Offender gives false testimony related to the issues presented in said case
(ART. 182) WHO — Offender has knowledge that the testimony he gives is false. It should malicious and given with
3.
an intent to affect the issues presented in said case
FALSE TESTIMONY IN 1. ACT [2] — That the accused made a statement under oath or executed an affidavit upon a material matter
OTHER CASES AND which contains a wilful and deliberate assertion of falsehood
PERJURY HOW — That the statement or affidavit was made before a competent officer, authorized to receive and
2.
(ART. 183) administer oath
3. WHEN — That the sworn statement or affidavit containing falsity is required by law (simply means that it
is made for a legal purpose, specific law not necessary)
TESTIMONY IN ACT — That the offender offered in such proceeding, evidence of a false witness or false testimony
2.
EVIDENCE WHY — Offender knows that the witness or the testimony is false
3.
(ART. 184)
MACHINATIONS IN 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public
PUBLICATION auction
(ART. 185) WHEN — There is a public auction
a.
b. ACT — The offender solicits any gift or promise from any of the bidders as consideration from his
refraining from taking part in that public auction
c. WHY — There is an intent to cause the reduction of the price of the thing auctioned
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other
artifice
a. WHEN — There is a public auction
b. ACT — That the accused attempted to cause the bidders to stay away from that public auction.
d. WHY — There is an intent to cause the reduction of the price of the thing auctioned.
i.
(ART. 186)
ii. Takes part in any conspiracy or combination in the form of a trust or otherwise
ii. With any other person or persons to monopolize said merchandise or object
c. WHY — The purpose is to alter the prices of such merchandise or object to trade or commerce
3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful commerce or to increase the market price of merchandise
a. WHO — The offender is either any of the following with regard to any merchandise or object of
commerce.—
i. Manufacturer
ii. Producer
iii. Processor
iv. Importer
ii. Increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Philippines.
DISPOSITION OF a. Gold
FALSELY MARKED
b. Silver
ARTICLES OR
c. Other precious metals
MERCHANDISE MADE
d. Any of their alloys
OF PRECIOUS METALS
OR THEIR ALLOYS
2. ACT — The offender either does any of the following with respect to such articles or merchandise.—
b. Sells
c. Disposes
3. WHEN — The stamps, brands, or marks of such articles of merchandise fail to indicate the actual fineness
or quality of said metals or alloys.
4. WHY — That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or
quality of the metals or alloys.
ALTERING TRADE 1. Substitutes the tradename or trademark of some other manufacturer or dealer, or a colorable imitation
MARKS AND TRADE thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of
NAMES OR SERVICE commerce and sells the same.
MARKS
2. Sells or offers for sale such articles of commerce, knowing that the tradename or trademark has been
(ART. 188)
fraudulently used.
3. Uses or substitutes the service mark of some other person, or a colorable imitation of such mark, in the
sale or advertising of his services.
4. Prints, lithographs, or reproduces the tradename, trademark, or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.
FALSE DESCRIPTION, 1. UNFAIR COMPETITION — Sells his goods, giving them the general appearance of the goods of another
AND FRAUDULENT manufacturer or dealer.
REGISTRATION
2. FALSE DESCRIPTION — Affixes to his goods or using in connection with his services a false
(ART. 189) designation of origin, or any false description or representation, and sells such goods or services.
3. FRAUDULENT REGISTRATION — Procures fraudulently from the patent office the registration of trade
name, trademark or service mark.
CRIME ELEMENTS
2.
PRECURSORS AND
a. Dangerous drug — regardless of the quantity and purity involved, including any and all species of
CHEMICALS opium poppy or any part thereof or substances derived therefrom (even for floral, decorative and
(SEC. 4, RA 9165) culinary purposes)
QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. HOW — The act is committed through the use of a diplomatic passport, diplomatic facilities or any other
means involving his/her official status intended to facilitate the unlawful entry of the same.
2. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities
ADMINISTRATION, ETC. a. Sells, trades, administers, dispenses, delivers, gives away to another, distributes, dispatches in transit,
OF DANGEROUS or transports
DRUGS, PRECURSORS
b. Acts as a broker in such transactions
AND CHEMICALS
2. WHAT — Such transactions involves either any of the following —
(SEC. 5, RA 9165)
a. Dangerous drug — including any and all species of opium poppy regardless of the quantity and purity
involved
QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHERE — If the sale, trading, administration, dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100)
meters from the school
2. HOW — If minors or mentally incapacitated individuals are used as as runners, couriers and messengers,
or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and
essential chemicals trade
3. EFFECT — If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug or a controlled precursor and essential chemical involved in any offense herein provided
be the proximate cause of death of a victim thereof
4. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities
MAINTENANCE OF A 1. ACT — The offender maintains a den, dive or resort where the following is used or sold in any form —
(SEC. 6, RA 9165)
QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHEN — Where any dangerous drug is administered, delivered or sold to a minor who is allowed to use
the same in such a place.
2. EFFECT — Should any dangerous drug be the proximate cause of the death of a person using the same
in such den, dive or resort
3. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities
BEING EMPLOYEES OR 1. Any employee of a den, dive or resort, who is aware of the nature of the place as such
VISITORS OF A Any person who, not being included in the provisions of the next preceding paragraph, is aware of the
2.
DANGEROUS DRUG nature of the place as such and shall knowingly visit the same.
DEN, DIVE OR RESORT
(SEC. 7, RA 9165)
MANUFACTURE OF 1. ACT — The offender engages in the manufacture of either any of the following —
PRECURSORS AND
b. Controlled precursor and essential chemical
2.
(SEC. 8, RA 9165)
QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHEN [4]—
a. Any phase of the manufacturing process was conducted in the presence or with the help of minors
d. The offender employs any practitioner, chemical engineer, public official or foreigner
2. WHERE — Any phase or manufacturing process was established or under taken within one hundred (100)
meters of a residential, business, church or school premises
3. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities
ILLEGAL CHEMICAL 1. ACT — The offender llegally diverts any controlled precursor and essential chemical
DELIVERY OF a. Delivers
EQUIPMENT,
b. Possesses with intent to deliver,
INSTRUMENT,
c. Manufactures with intent to deliver
APPARATUS AND OTHER
2. WHAT — Any equipment, instrument, apparatus and other paraphernalia for dangerous drugs
DRUG PARAPHERNALIA
3. WHY — The offender knows, or under circumstances where one reasonably should know, that it will be
(SEC. 10, RA 9165)
used for either any of the following purposes —
a. Used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or
controlled precursor and essential chemical
b. Used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug
QUALIFYING (HOW) — A minor or a mentally incapacitated individual is used to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.
2.
(SEC. 11, RA 9165) WHAT — Such dangerous drug are any of the following, penalized according to quantities regardless of
3.
the degree of purity thereof —
a. Opium
b. Morphine
c. Heroin
g. Marijuana
h. Any other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or
“ecstasy,"paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
CLARENCE TIU CRIMINAL LAW
ATENEO LAW 4B-2017 48 OF 89 MEMORY AID
CRIME ELEMENTS
(LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board
POSSESSION OF ACT — Offender possesses or have under his control any equipment, instrument, apparatus and other
1.
EQUIPMENT AND paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing
OTHER DRUG
any dangerous drug into the body
PARAPHERNALIA
2. WHEN — Not authorized by law
(SEC. 12, RA 9165)
POSSESSION OF 1. ACT [2] — Offender possesses or have under his control any of the following —
a.
OR PARAPHERNALIA Equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming,
b.
DURING PARTIES, administering, injecting, ingesting, orintroducing any dangerous drug into the body
SOCIAL GATHERINGS
2. WHEN — during a party, or at a social gathering or meeting, or in the proximate company of at least two
OR MEETINGS
(2) persons
(SEC. 13, 14, RA 9165)
USE OF DANGEROUS 1. ACT — A person apprehended or arrested, who is found to be positive for use of any dangerous drug,
DRUGS after a confirmatory test
(SEC. 15, RA 9165) WHEN — The person tested is NOT found to have in his possession such quantity of any dangerous drug
2.
(In such case, “possession of dangerous drugs” is the proper offense)
CULTURE OF PLANTS WHAT — Marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be
2.
CLASSIFIED AS classified as a dangerous drug or as a source from which any dangerous drug, may be manufactured or
DANGEROUS DRUGS
derived
OR ARE SOURCES
QUALIFYING —
THEREOF
(SEC. 16, RA 9165) 1. WHERE — If the land on which any of said plants is cultivated or cultured is part of the public domain
2. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such
illegal activities
FAILURE TO MAINTAIN 1. WHO — Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer
RECORD OF ACT — Such offender violates or fails to comply with the maintenance and keeping of the original records
2.
TRANSACTIONS of transactions on any dangerous drug or controlled precursor and essential chemical
(SEC. 17, RA 9165)
UNNECESSARY 1. WHO — Any practitioner (licensed physician, dentist, chemist, medical technologist, nurse, midwife,
PRESCRIPTION OF veterinarian or pharmacist in the Philippines)
DANGEROUS DRUGS ACT — Such offender prescribes any dangerous drug to any person whose physical or physiological
2.
(SEC. 18, RA 9165) condition does not require the use or in the dosage prescribed therein, as determined by the Board
2.
DANGEROUS DRUGS ACT — Making or issuing a prescription or any other writing purporting to be a prescription for any
3.
(SEC. 19, RA 9165) dangerous drug.
ACTING AS A ‣ ACT — The offender acts as a “protector or coddler” of offenders punished for any of the following —
“Protector or coddler” — Any person who knowingly and willfully consents to the unlawful acts provided for in
this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the
escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the
provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator
CRIME ELEMENTS
ILLEGAL GAMBLING 1. Any person who, in any manner, shall directly or indirectly take part in any of the following illegal or
(PD 1602) unauthorized activities or games —
a. Cockfighting, Jueteng, Jai-alai or horse racing to include bookie operations and game fixing,
numbers, bingo and other forms of lotteries
d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other
card games;
e. pak que, high and low, mahjong, domino and other games using plastic tiles and the like
f. Slot machines, roulette, pinball and other mechanical contraptions and devices
g. Dog racing, boat racing, car racing and other forms of races
h. Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to
include game fixing, point shaving and other machinations
i. Banking or percentage game, or any other game or 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 an inhabited or uninhabited place or in any building, vessel or other means of
transportation owned or controlled by him.
3. Any person who shall knowingly permit any form of gambling to be carried on in a place which has a
reputation of a gambling place or that prohibited gambling is frequently carried on therein, or in a public or
government building or barangay hall
5. Any person who knowingly and without lawful purpose in any hour of any day, possesses 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
6. 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
7. 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
GRAVE SCANDAL 1. ACT — Offender performs an act or acts with are highly scandalous as offending against decency or good
(ART. 200) customs.
2. WHEN — That the highly scandalous conduct is not expressly falling within any other article of this Code.
3. WHERE — That the act or acts complained of be committed in a public place or within the public
knowledge or view.
OBSCENE
1. Persons who publicly expound or proclaim doctrines openly contrary to public morals
PUBLICATIONS AND
EXHIBITIONS 2. Authors, editors and owners/operators of obscene literature, published with their knowledge in any form,
such as those literature which —
b. Serve no other purpose but to satisfy the market for violence, lust or pornography
e. Are contrary to law, public order, morals, and good customs, established policies, lawful orders,
decrees and edicts
3. Persons who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals
PROSTITUTION 1. WHO — Offender is NOT a minor (18 years of age and above) who must be a woman
2.
a. Sexual intercourse
b. Lascivious conduct
2003
a. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
(RA 9208) 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
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
h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad
‣ QUALIFYING [16] — The following circumstances qualify the offense to “Qualified Trafficking” —
a. 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, Debt bondage
b. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies
b. Large scale — if committed against three (3) or more persons, individually or as a group
b. Ascendant
c. Parent
d. Sibling
e. Guardian
4. EFFECT — When by reason or on occasion of the act of trafficking in persons either of the
following occurs —
b. Becomes insane
c. Suffers mutilation
d. Afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
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
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
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
CRIME ELEMENTS
(ART. 203)
b. Performs in said Government or in any of its branches public duties as an employee, agent or
subordinate official, of any rank or class
2. WHEN [3] — His authority to take part in the performance of public functions or to perform public duties
must be by either —
b. Popular election
RENDERING UNJUST ACT — That he renders a judgment in a case submitted to him for decision which is unjust
2.
JUDGMENT WHY — That the judge knows that his judgment is unjust
3.
(ART. 204)
THROUGH NEGLIGENCE
2. ACT — That he renders a judgment in a case submitted to him for decision which is manifestly unjust.
(ART. 205)
3. WHY — That it is due to his inexcusable negligence or ignorance.
2.
ORDER
a. Knowingly rendering an interlocutory order which is unjust
(ART. 206)
b. Rendering an interlocutory order which is manifestly unjust through inexcusable negligence or
ignorance.
ADMINISTRATION
THE WHEN — There is a proceeding in his court
2.
OF JUSTICE ACT — That he delays the administration of justice
3.
(ART. 207) WHY — Such delay is malicious or caused with deliberate intent to inflict damage on either party
4.
DERELICTION OF DUTY 1. WHO — Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
IN PROSECUTION OF prosecute, offenses
OFFENSES ACT [2]— The the offender, in dereliction of the duties of his office, either —
2.
(ART. 208)
a. Refrains from instituting prosecution against violators of the law
3. WHY — That the offender acts with malice and deliberate intent to favor the violator of the law.
SOLICITOR —
i. Any malicious breach of professional duty
REVELATION OF
ii. Inexcusable negligence or ignorance
SECRETS
b. Reveals any of the secrets of his client learned by him in his professional capacity (even without
(ART. 209)
damage)
c. Undertakes the defense of the opposing party in 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.
210) ACT — That the offender accepts an offer or a promise or receives a gift or present by himself or through
2.
another.
3. WHY — That such offer or promise be accepted, or gift or present received by the public officer for the
purpose of —
4. That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.
QUALIFYING — The crime committed is qualified bribery if the following elements are present —
1. WHO — That the offender is a public officer entrusted with law enforcement
2. ACT — That the offender refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death
2.
3. WHEN — That the said gifts are offered to him by reason of his office
2.
(ART. 212) Makes offers or promises
a.
b. Gives gifts or presents to a public officer.
3. WHEN — That such was made or given to a public officer, under circumstances that will make the public
officer liable for direct bribery or indirect bribery.
ANTI-GRAFT AND In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute
CORRUPT PRACTICES corrupt practices of any public officer and are hereby declared to be unlawful —
ACT
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
(SEC. 3, R.A. NO. 3019 and regulations duly promulgated by competent authority or an offense in connection with the official duties
AS AMENDED BY RA
of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or
3047, PD 77 AND BP
offense.
195)
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other
part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured
or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given
or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from
any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating against any other interested
party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the
board, committee, panel or group. Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.
FRAUDS AGAINST THE 1. WHO — That the offender be a public officer who takes advantage of his office, that is, he intervened in
PUBLIC TREASURY the transaction in his official capacity.
(ART. 213) ACT [3] — Offender enters into an agreement with any interested party or speculator or made use of any
2.
other scheme with regard to either —
a. Furnishing supplies
b. Making of contracts
ILLEGAL EXACTIONS 1. WHO — The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
(ART. 213) imposts.
a. Demands, directly or indirectly, the payment of sums different from or larger than those authorized by
law
b. Fails voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially
OTHER FRAUDS 1. WHO — That the offender is a public officer who takes advantage of his official position.
(ART. 214) ACT — That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 —
2.
a. Art. 315 — Estafa
TRANSACTIONS ACT — That, during his incumbency, he becomes interested, directly or indirectly, in any transaction of
2.
(ART. 215) exchange or speculation (such as — regularly buying and selling stocks, commodities, land, etc., hoping
to take advantage of an expected rise or fall in price)
3. WHEN — That the transaction takes place within the territory subject to his jurisdiction.
POSSESSION OF 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his
PROHIBITED INTEREST official duty to intervene.
BY A PUBLIC OFFICER Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction
2.
(ART. 216) 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.
(ART. 217, 222) a. Public officer who had the custody or control of funds or property by reason of the duties of his office
for which he was accountable.
b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
b. Consents, or through abandonment or negligence, permits any other person to take such public funds
or property.
ACCOUNTABLE Public officer, whether in the service or separated therefrom, who is accountable for public funds or
a.
OFFICER TO RENDER property.
ACCOUNTS Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
b.
(ART. 218, 222) funds, revenues, or property
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. WHEN — That he is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor.
3. ACT — That he fails to do so for a period of two months after such accounts should be rendered.
OFFICER TO RENDER Public officer who is accountable for public funds or property.
a.
ACCOUNTS BEFORE Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
b.
LEAVING THE COUNTRY funds, revenues, or property
2. ACT — That he must have unlawfully left (or be on the point of leaving) the Philippines without securing
from the Commission on Audit a certificate showing that his accounts have been finally settled.
FUNDS OR PROPERTY; Public officer who has public fund or property under his administration which has been appropriated
a.
TECHNICAL by law or ordinance.
MALVERSATION Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
b.
(ART. 220, 222) funds, revenues, or property
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. ACT — 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.
DELIVERY OF PUBLIC WHO — Offender is a public officer who has government funds in his possession
a.
FUNDS OR PROPERTY Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
b.
(ART. 221, 222) funds, revenues, or property
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
CONSENTING TO 2. WHEN — He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
EVASION judgment.
(ART. 223) WHEN — That such prisoner escaped from his custody.
3.
4. ACT — That he was in connivance with the prisoner in the latter's escape.
NEGLIGENCE That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
2.
(ART. 224) final judgment.
3. ACT — That such prisoner escapes through his negligence (there must be positive carelessness that is
short of deliberate non-performance of his duties)
UNDER THE CUSTODY WHEN — The conveyance or custody of a prisoner or person under arrest is confided to him.
2.
OF A PERSON NOT A WHEN — The prisoner or person under arrest escapes.
3.
PUBLIC OFFICER
4. ACT [2] — That the offender either —
(ART. 225)
a. Consents to the escape of the prisoner or person under arrest
REMOVAL, 1. WHO — That the offender be a public officer who is entrusted with documents or papers by reason of his
CONCEALMENT OR office.
DESTRUCTION OF ACT [3] — That he either does any of the following to such documents or papers —
2.
DOCUMENTS Abstracts (removes)
a.
(ART. 226)
b. Destroys
c. Conceals
3. EFFECT [2] — That damage, whether serious or not, should have been caused to either —
a. A third party
OFFICER BREAKING 1. WHO — That the offender is a public officer charged with the custody of papers or property.
2.
(ART. 227) ACT [2] — That he either —
3.
a. Breaks the seals
OPENING OF CLOSED 1. WHO — That the offender is a public officer who is entrusted with the custody of any closed papers,
DOCUMENTS documents, or objects
2.
a. Opens
REVELATION OF 1. By revealing any secrets known to the offending public officer by reason of his official capacity.
SECRETS BY AN WHO — That the offender is a public officer who knows of a secret by reason of his official capacity.
a.
OFFICER ACT — That he reveals such secret without authority or justifiable reasons.
b.
(ART. 229)
c. EFFECT — That damage, great or small, be caused to the public interest.
2. By delivering wrongfully papers or copies of papers of which he may have charge and which should not
be published.
a. WHO — That the offender is a public officer who has charge of papers which should not be published.
b. ACT — That he wrongfully delivers those papers or copies thereof to a third person.
PUBLIC OFFICER 1. WHO — That the offender is a public officer who knows of the secrets of a private individual by reason of
REVEALING SECRETS OF his office.
PRIVATE INDIVIDUAL ACT — That he reveals such secrets without authority or justifiable reason.
2.
(ART. 230)
b. Executive officer
2. WHEN — That there is a judgment, decision or order of a superior authority which is made within the
scope of the jurisdiction of the superior authority and issued with all the legal formalities.
3. ACT — That the offender without any legal justification openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey.
OFFICERS WHEN — He has for any reason suspended the execution of such order.
3.
(ART. 232) WHEN — That his superior disapproves the suspension of the execution of the order.
4.
5. ACT — That the offender disobeys his superior despite the disapproval of the suspension.
ASSISTANCE WHEN — A competent authority demands from the offender that he lend his cooperation towards the
2.
(ART. 233) administration of justice or other public service.
a. Public interest
b. Third party
REFUSAL TO 1. WHO — That the offender is elected by popular election to a public office.
2.
OFFICE
a. To be sworn in or
(ART. 234)
b. To discharge the duties of said office
3. WHEN — That there is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.
MALTREATMENT OF 1. WHO — That the offender is a public officer or employee who has under his charge a prisoner by final
PRISONERS judgment or detention prisoner.
(ART. 235) ACT — That he maltreats such prisoner in either of the following manners —
2.
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his
charge either by —
ii. Inflicting such punishments (those authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.
ANTICIPATION OF 1. WHO — That the offender is entitled to hold a public office or employment, either by election or
DUTIES OF A PUBLIC appointment.
OFFICE WHEN — The law requires that he should first be sworn in and/or should first give a bond.
2.
(ART. 236) WHEN — He assumes the performance of the duties and powers of such office.
3.
4. ACT — That he has not taken his oath of office and/or given the bond required by law.
PROLONGING 1. WHO — That the offender is public officer who is holding a public office.
PERFORMANCE OF 2. WHEN — The period provided by law, regulations or special provisions for holding such office, has
DUTIES AND POWERS already expired.
(ART. 237) ACT — That he continues to exercise the duties and powers of such office despite such expiration
3.
2.
(ART. 238) WHEN — His resignation has not yet been accepted.
3.
4. ACT — That he abandons his office
QUALIYFING (WHY) — If the purpose of such abandonment is to evade the duty of preventing, prosecuting, or
punishing any other crime.
a.
(ART. 239) Executive officer
b.
2. ACT [3] — That he either —
2.
(ART. 240) Assumes a power pertaining to the executive authorities
a.
b. Obstructs the executive authorities in the lawful exercise of their powers.
USURPATION OF 1. WHO — That the offender is an officer of the executive branch of the Government.
a.
b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction
FOR DISQUALIFICATION WHEN — That a proceeding is pending before such public officer.
2.
(ART. 242) WHEN — That there is a question brought before the proper authority regarding his jurisdiction, which is
3.
not yet decided.
4. WHEN — That he has been lawfully required to refrain from continuing the proceeding.
2.
OFFICERS TO ANY WHEN — Such order or suggestion relates to any case or business coming within the exclusive
3.
JUDICIAL AUTHORITY jurisdiction of the courts of justice.
(ART. 243)
APPOINTMENTS ACT — He nominates or appoints a person to a public office who lacks the legal qualifications therefor.
2.
(ART. 244) WHY — That the offender knows that his nominee or appointee lacks the qualifications at the time he
3.
made the nomination or appointment.
2.
(ART. 245) WHO-PASSIVE [3] — That such woman must either be —
3.
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
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
c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of
the offender
CRIME ELEMENTS
(ART. 246) WHO-PASSIVE [5] — Victim is either the following relatives of the offender —
2.
a. Spouse
b. Father
c. Mother
d. Child
2.
a. Treachery, if this not present, any of the following —
e. Evident premeditation
f. Cruelty
(ART. 249) WHEN — Does not fall under murder (no qualifying circumstance of murder), parricide, or infanticide
2.
3. WHY — Intent to kill (presumed from the killing)
2.
DEATH CAUSED IN A 1. WHEN — There are several persons, not composed of a group organized for the common purpose of
TUMULTUOUS AFFRAY assaulting and attacking each other reciprocally, who quarrelled and assaulted each other in a confused
(ART. 251) and tumultuous manner (tumultuous affray)
a. Person who inflicted serious physical injuries on victim can be identified — Inflicting serious physical
injuries on the victim
b. Not known who inflicted the serious physical injuries on the victim — All those who used violence
upon the person of the victim
PHYSICAL INJURIES 1. WHEN — There are several persons, not composed of a group organized for the common purpose of
INFLICTED IN A assaulting and attacking each other reciprocally, who quarrelled and assaulted each other in a confused
TUMULTUOUS AFFRAY and tumultuous manner (tumultuous affray)
(ART. 252)
2. WHEN — A participant or some participants thereof suffer serious physical injuries or physical injuries of a
less serious nature only.
3. WHEN — That the person responsible for such physical injuries cannot be identified.
4. ACT — All the offenders employing violence upon the person of the offended party are liable
SUICIDE Assists another to commit suicide, whether the suicide is consummated or not.
a.
(ART. 253) Lends assistance to another to commit suicide to the extent of doing the killing himself.
b.
DISCHARGE OF 1. ACT — That the offender discharges a firearm against or at another person.
FIREARMS WHEN — That the offender has NO intent to kill that person.
2.
(ART. 254)
ABORTION ACT — Causing an abortion leading to the death of the fetus either in the womb or after having been
2.
(ART. 256) expelled therefrom
b. Without using violence, he shall act without the consent of the woman
ABORTION 2. ACT — Causing an abortion leading to the death of the fetus either in the womb or after having been
(ART. 257) expelled therefrom
2.
HERSELF OR BY HER WHY — Abortion was intended
3.
PARENTS (ART. 258) WHO [2] — The abortion is caused by either —
4.
a. Mother herself or another person with her consent
b. Any of her parents, with her consent for the purpose of concealing her dishonour
2.
MIDWIFE Physician
a.
(ART. 259)
b. Midwife
a. Causing an abortion
2.
(ART. 259) ACT — Dispensing any abortive
3.
(ART. 260) WHEN — There must be two or more seconds of lawful age for each combatant, who make the selection
2.
of arms and fix all the other conditions of the fight.
(ART. 261)
2. Inciting another to give or accept a challenge to a duel.
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.
(ART. 262) Essential Organ For Reproduction — By intentionally mutilating another by depriving him, either totally or
1.
partially, of some essential organ for reproduction
2. Any Other Intentional Mutilation — By intentionally making other mutilation, that is, by lopping or clipping
off any part of the body of the offended party, other than the essential organ for reproduction, to deprive
him of that part of his body
SERIOUS PHYSICAL 1. ACT [3] — Any person who commits any of the following to another —
INJURIES Wound
a.
(ART. 263) Beat
b.
c. Assault
2. EFFECT [4] —
i. Insane (mental)
i. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm
or a leg
iii. Becomes incapacitated for the work in which he was theretofore habitually engaged permanently
i. Becomes deformed
iv. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged
for more than 90 days (91 days or more)
d. When the person injured becomes ill or incapacitated for labor for more than 30 days but not more
than 90 days (31-90 days)
QUALIFYING — If the offense is committed against any of the persons enumerated in Art. 246 (Parricide) or
with attendance of any of the circumstances mentioned in Art. 248 (Murder)
ADMINISTERING 1. ACT — That the offender inflicted upon another any serious physical injury
INJURIOUS 2. HOW — That it was done by knowingly administering to him any injurious substances or beverages or by
SUBSTANCES taking advantage of his weakness of mind or credulity
LESS SERIOUS 1. ACT — Inflicting upon another physical injuries not described in Art 263 (Serious Physical Injuries) or Art.
PHYSICAL INJURIES 264 (Administering injurious substances)
2.
a. Incapacitated for labor for ten days or more but not more than 30 days (10-30 days)
QUALIFYING [3] —
1. WHY — When there is a manifest intent to insult or offend the injured person
b. Persons of rank or persons in authority, provided the crime is NOT direct assault
2.
(ART. 266[1,2]) Victim is incapacitated for labor or required medical attendance from 1 to 9 days
a.
b. Victim sustained physical injuries which did not prevent him from engaging in his habitual work nor
require medical attendance
1.
2. ACT — Offender had carnal knowledge (sexual intercourse involving insertion of penis into vagina)
3. WHO-PASSIVE — Woman
a. By inserting penis into another person’s mouth or anal orifice (Man to Man/Woman only)
b. By inserting any instrument or object into the genital or anal orifice of another persons (Man/Woman to
Man/Woman)
QUALIFYING — BOTH kinds of rapes are qualified to Qualified Rape in the following cases —
a. Any member of the AFP, PNP, law enforcement agency or penal institution when he took advantage
of his position
b. The parent, guardian, stepparent, ascendant, relative by consanguinity or affinity within the third
civil degree or the common law spouse of the parent of the victim AND such victim is under 18
d. Suffering from mental disability, emotional disorder or physical handicap and the offender knows
such fact
a. Under the custody of the police or military authorities or any law enforcement of penal institution
c. A religious engaged in legitimate religious vocation or calling and is personally known to be such by
the offender before or at the time of rape
a. In full view of victims band, parent, any of the children or other relatives within the third civil degree
of consanguinity (not affinity)
b. By an offender knows he has HIV/AIDS or other STD and the virus is transmitted to the victim
1. Attempted Rape with Homicide — Rape is merely attempted but homicide is committed because or during
such
2.
CHILDREN Offender’s Wife
a.
(SEC. 3, 5, RA 9262) Offender's former wife,
b.
c. Woman with whom the offender has or had a sexual or dating relationship
d. Woman with whom the offender has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode
3. ACT — The offender commits any of the following acts which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery,
assault, coercion,harassment or arbitrary deprivation of liberty —
e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the
right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. Such as —
i. Threatening to deprive or actually depriving the woman or her child of custody to her/his family
ii. Depriving or threatening to deprive the woman or her children of financial support legally due her
or her family, or deliberately providing the woman's children insufficient financial support
iii. Depriving or threatening to deprive the woman or her child of a legal right
iv. Preventing the woman in engaging in any legitimate profession, occupation, business or activity
or controlling the victim's own money or properties, or solely controlling the conjugal or common
money, or properties
f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions
g. Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed against
the woman or her child or her/his immediate family
h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. Such as —
ii. Peering in the window or lingering outside the residence of the woman or her child
iii. Entering or remaining in the dwelling or on the property of the woman or her child against her/his
will
iv. Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child
i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children
CRIME ELEMENTS
KIDNAPPING AND 1. WHO — Offender is a private individual/ public officer acting in private capacity
SERIOUS ILLEGAL ACT [3] — Offender does any of the following to another:
2.
DETENTION Illegally Kidnaps
a.
(ART. 267) Illegally Detains
b.
c. In any other manner illegally deprives him of his liberty
3. WHEN [4] — That in the commission of the offense, any of the following circumstances are present:
a. ACT: That the kidnapping or detention lasts for more than 3 days
c. HOW: That any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made
d. WHO-PASSIVE: That the person kidnapped or detained is a minor, female, or a public officer
QUALIFYING [2] —
1. WHY —When the kidnapping or detention was committed for the purpose of extorting ransom from the
victim
2. WHEN — Victim is killed or dies as a consequence of the detention; or is raped or is subjected to torture
or dehumanizing acts (Special Complex Crime)
SLIGHT ILLEGAL 1. WHO — Offender is a private individual/ public officer acting in private capacity
2.
(ART. 268) Illegally Kidnaps
a.
b. Illegally Detains
d. Anyone who shall furnish the place for the perpetration of the crime
3. WHEN — That the crime is committed without the attendance of any of the following circumstances
enumerated in Art. 267 —
a. ACT: That the kidnapping or detention lasts for more than 3 days
c. HOW: That any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made
d. WHO-PASSIVE: That the person kidnapped or detained is a minor, female, or a public officer
MITIGATING (WHEN) —If the offender shall voluntarily release the person kidnapped or detained within 3 days
from the commencement of the detention provided —
UNLAWFUL ARREST 1. WHO — Offender is a private individual/ public officer acting in private capacity
2.
3. WHY — Purpose of the offender is to delver him to the proper authorities
4. WHEN — The arrest or detention is not authorised by law or there is no reasonable ground therefor
FAILURE TO RETURN A 1. WHO — Offender who is entrusted with the custody of a minor
MINOR 2. ACT — Offender deliberately fails to restore the said minor to his parents or guardians
(ART. 270)
MITIGATING (WHO) — If the offender shall be the either parent of the minor
INDUCING A MINOR TO 1. WHEN — That a minor is living in the home of either his —
a.
(ART. 271) Guardians
b.
c. Person entrusted with his care
MITIGATING (WHO) — If the offender shall be the father or the mother of the minor
a.
b. Sells
c. Kidnaps
d. Detains
QUALIFYING (WHY) — Crime be committed for the purpose of assigning the victim to some immoral traffic
2.
(ART. 273) WHY — It is under the pretext of reimbursing himself of a debt incurred buy an ascendant. guardian, or
3.
person entrusted with the custody of such minor (Suggests that there is consent of parents or guardians)
SERVICES RENDERED IN 1. ACT —Offender compels a debtor to work for him, either as household servant or farm laborer
ABANDONMENT OF 1. By failing to render assistance to any person whom the offender finds in an uninhabited place
PERSONS IN DANGER wounded or in danger of dying
AND ABANDONMENT WHEN —Offender finds a person wounded or in danger of dying in an uninhabited place
a.
OF ONE’S OWN WHO — Person who can render assistance without detriment to himself
b.
VICTIM (ART. 275)
c. ACT — Failing to render assistance to the injured person
2. By failing to help or render assistance to another whom the offender has accidentally wounded or
injured
a. WHEN — Offender has accidentally wounded or injured a person
3. By failing to deliver a child, under 7 years whom the offender has found abandoned
a. WHEN — Offender finds an abandoned child, under 7 years, in an unsafe place
i. Authorities
ABANDONING A 1. WHEN — Offender has custody of the child under 7 years of age
2.
(ART. 276) WHY — Offender had no intent to kill
3.
QUALIFYING [2] —
2.
ENTRUSTED WITH HIS A public institution
a.
CUSTODY
b. Other persons
(ART. 277)
3. WHEN — The person who entrusted such child to the offender has not consented to such act, or if such
person is absent, the proper authorities had not consented to it
PARENTS WHEN — Offender’s station in life requires education and his financial condition permits it
2.
(ART. 277) ACT — Neglecting his children by not giving them education
3.
MINORS By causing children under 16 years of age to perform any dangerous feat of —
a.
(ART. 278) Balancing
i.
ii. Physical strength
iii. Contortion
b. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer, or circus manager,
or engaged in a similar calling, shall employ in exhibitions in these kinds, children under 16 years of
age who are NOT his children or descendants
c. Any person engaged in any of the callings enumerated in the preceding paragraph who shall employ
any descendant of his under 12 years of age in such dangerous exhibitions
d. Any ascendant, guardian, teacher, or persons entrusted in any capacity with the care of a child under
16 years of age who shall deliver such child gratuitously to either —
iii. Beggar
e. Any person who shall induce any child under 16 years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow either —
iii. Beggar
2. EFFECT —The exploitation of the minor must be of such nature as to endanger his life or safety
QUALIFYING — Applicable to Par. 4 only, if the delivery shall have been made in consideration of any price,
compensation, or promise
TRESPASS TO 1. WHO — Offender is a private individual/ public officer acting in private capacity
DWELLING ACT — Entering the dwelling of another against the will of the owner or occupant
2.
(ART. 280) WHY — Such offender did NOT enter another’s dwelling for the purpose of either —
3.
a. To prevent some serious harm to himself, the occupants, or a third person
c. Anyone who enters cafes, taverns, inns, and other public houses, while they are open
TRESPASS 2. ACT — Offender enters the uninhabited closed premises or the uninhabited fenced estate of another
3.
4. WHEN — Trespasser has not secured the permission of the owner or caretaker thereof
GRAVE THREATS 1. ACT — Offender threatens another with the infliction upon the person, honor, or property of the latter or of
(ART. 282) his family of any wrong amounting to a crime
2. WHEN [3] — three possible circumstances, as the offender in making the threat either:
a. Demands money, or imposes any other condition even though not unlawful and the offender
ATTAINED his purpose
b. Demands money, or imposes any other condition even though not unlawful and the offender DID NOT
ATTAIN his purpose (mitigated penalty in this case)
1. In writing
2. Through a middleman
LIGHT THREATS ACT — Offender makes a threat to commit a wrong which does NOT constitute a crime and made it with a
(ART. 283) demand of money or imposed any other condition even though not unlawful
(ART. 285) Without being included in the provisions of the next preceding article (Art. 283), threatening another with a
1.
weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defence
2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting
in the idea involved in his threat
(ART. 286) a. Prevents another from doing something not prohibited by law
a. Violence
b. Threats
c. Intimidation
3. For to prevent him form exercising such right or from so doing such religious act
3. HOW [2] — That the seizure of the thing be accomplished by means of either —
a. Violence
4. WHY — Purpose of the offender is to apply the same to the payment of the debt
ANY OTHER COERCION 1. ACT — Taking possession of the thing belonging to the debtor
2. Any human conduct which although not productive of some physical or material harm would, unjustly
annoy or vex an innocent person. (Reyes)
3. Causing annoyance, irritation, vexation, torment, distress, or disturbance to the mind of the person to
whom it is directed. (People vs Gozum)
(ART. 288)
b. ACT — Offender forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his labourers or employees to purchase merchandise or commodities of any kind
from him of from said firm or corporation
b. WHAT — That such tokens or objects are other than the legal tender currency of the Philippines
c. WHEN — The offended party has not expressly requested that he be paid by means of tokens or
objects
DISCOVERING SECRETS 1. WHO — Offender is a private individual or public officer acting in private capacity who is NOT either the —
THROUGH SEIZURE OF
a. Parent
CORRESPONDENCE
b. Guardian
(ART. 290)
c. Person entrusted with the custody of minors with respect to the papers or letters of the children or
minors placed under their care of custody
2. ACT — He seizes the papers of letters of another and is informed of the contents of the papers or letters
seized
REVEALING SECRETS 1. WHO — Offender is either any of the following who learns the secrets of his principal or master in such
WITH ABUSE OF OFFICE capacity —
a.
b. Employee
c. Servant
(ART. 292) WHEN — That the manufacturing or industrial establishment has a secret of the industry which the
2.
offender has learned
CRIME ELEMENTS
WHO ARE GUILTY OF 1. ACT — Unlawful taking of personal property belonging to another
2.
(ART. 293) HOW [2] — By means of either —
3.
a. Violence against or Intimidation of any person
2.
INTIMIDATION OF HOW — By means of either violence against or intimidation of any person
3.
PERSONS WHEN — If the violence employed by the offender does not cause any of the serious physical injuries
4.
(ART. 294, 295, 302) defined in Art. 263, or if the offender employs intimidation only (Simple Robbery)
QUALIFYING [8] —
1. WHEN — If the violence or intimidation employed in the commission of the robbery is carried to a degree
clearly unnecessary for the commission of the crime
a. Mail matter
b. Large cattle
a. By a band
c. By entering the passengers compartments in a train or in any manner taking the passengers
thereof by surpass in the respective conveyances
d. By intimidation with the use of firearms AND it is committed on a street, road or alley
1. Robbery with Homicide — When by reason or on occasion of the robbery, the crime of homicide is
committed
5. Robbery with Serious Physical Injuries — When by reason or on occasion of such robbery, any serious
physical injury is inflicted
ATTEMPTED AND 1. ACT — Attempted or frustrated unlawful taking of personal property beloning to another
UNDER CERTAIN
3. HOW — By means of either violence against or intimidation of any person
CIRCUMSTANCES (ART.
4. WHEN — Homicide is committed
297, 302)
5. WHEN — The homicide committed shall NOT deserve a higher penalty under the provisions of this Code
1. Mail matter
2. Large cattle
BY MEANS OF 2. ACT — Offender compels him to sign, execute, or deliver any public instrument or document
3.
INTIMIDATION
(ART. 298)
a.
PUBLIC BUILDING OR Inhabited house
i.
EDIFICE DEVOTED TO Public Building
ii.
WORSHIP
iii. Edifice devoted to Religious Worship
303)
i. Through an opening not intended for entrance or egress
ii. By breaking any wall, roof, or floor, or breaking any door or window
c. ACT — That once inside the building, the offender took personal property belonging to another
i. An inhabited house
b. ACT —That the offender takes personal property belonging to another, under any of the following
circumstances —
i. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle
ii. By taking such furniture or objects away to be broken or forced open outside the place of the
robbery
QUALIFYING [3] —
a. Mail matter
b. Large cattle
MITIGATING [6] —
b. Public building
2. WHAT [3] — When the robbery consist in the taking of either any of the following —
a. Cereals
b. Fruits
c. Firewood
OR IN A PRIVATE Building other than those mentioned in the first paragraph of Art. 299 (means building is NOT an
b.
BUILDING inhabited/dwelling house, public building nor an edifice devoted to religious worship
a. The entrance was effected through an opening not intended for entrance or egress
c. The entrance was effected through the use of false keys, picklocks or other similar tools
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere (1-3 is the
same, except for the word “outside” as in Art. 299 Subdivision A, pertaining to the mode of entry,
while 4 and 5 is almost the same as subdivision B)
1. Mail matter
2. Large cattle
MITIGATING — WHAT [3] — When the robbery consist in the taking of either any of the following —
1. Cereals
2. Fruits
3. Firewood
a.
TOOLS
b. Makes
(ART. 304) WHAT — Picklocks or similar tools specially adopted to the commission of the crime of robbery
2.
3. WHEN — There is no lawful cause
2.
3. WHY [3] — The purpose is any of the following —
4. WHEN — If the act or acts committed by them are NOT punishable by higher penalties (If the act
committed is punishable by higher penalty, then brigandage does not apply)
QUALIFYING (WHEN) — If any of the arms carried by any of said persons be an unlicensed firearm.
AIDING AND ABETTING 1. WHEN — There is a band of brigands and such fact is known to the offender
A BAND OF BRIGANDS 2. ACT [3] —That the offender does any of the following acts —
(ART. 307) a. In any manner aids, abets or protects such band of brigands
b. Gives them information of the movements of the police or other peace officers of the Government; or
d. HOW — Means involve NO violence against or intimidation of persons nor force upon things
2. Those who have found lost property and fails to deliver it to the local authorities or its owner
a. WHEN — Person finds lost personal property
b. ACT — Such person fails to deliver the lost property to the local authorities or its owner
3. Those who maliciously damages the property of another or shall remove or make use of the fruits or
objects of the damage caused
a. WHEN — A person has maliciously damaged the property of another
b. ACT — Such person removes or makes use of the fruits or object of the damage caused by him
4. Those who enter an inclosed estate or a field where trespass is forbidden or which belongs to
another and without the consent of its owner shall hunt or fish in it or shall gather fruits, cereals or
other forest or farm products
a. WHEN — Person enters an inclosed estate or a field where trespass is forbidden or which belongs to
another
b. ACT — Such person hunts or fish upon such grounds or gathers fruits, creels or other forest or farm
products
QUALIFYING [8] — Art. 310 provides qualifying circumstances for the crime of theft if it is committed —
3. WHEN — If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
a. Motor vehicle
b. Mail matter
c. Large cattle
THEFT OF THE 1. ACT — Offender takes property of the National Library or of the National Museum
NATIONAL LIBRARY
3. HOW — Means involve no violence against or intimidation of persons nor force upon things
AND NATIONAL
MUSEUM
(ART. 311)
2.
RA 10883) HOW [3] — either —
3.
a. Without owner’s consent
‣ QUALIFYING — the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of
the carnapped motor vehicle is either (1) killed or (2) raped in the commission of the carnapping.
NOTE — Motor vehicle refers to any vehicle propelled by any power other than muscular power using the
public highways, except road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers,
graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles which run only on rails
or tracks; and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor vehicle with no power rating
ANTI-FENCING LAW 1. The offender has intent to gain for himself or for another
(PD 1612) 2. The offender shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or
in any other manner deal in any article, item, object or anything of value
3. The offender knows or should be known to him that such property is derived from the proceeds of the crime
of (a) robbery or (b) theft
‣ NOTE — Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing.
a.
USURPATION OF REAL
b. Usurps any real rights in property.
RIGHTS IN PROPERTY WHAT — That such real property or real rights belong to another.
2.
(ART. 312)
3. HOW — That violence against or intimidation of persons is employed
ALTERING BOUNDARIES 1. WHEN — That there are boundary marks or monuments of towns, provinces, or estates, or any other
OR LANDMARKS marks intended to designate the boundaries of the same.
(ART. 313) ACT — That the offender alters said boundary marks
2.
FRAUDULENT WHO — That the offender is a debtor, that is, he has obligations due and payable.
1.
INSOLVENCY ACT — That he absconds with his property (real or personal).
2.
(ART. 314)
3. EFFECT — That there be actual prejudice to his creditors
IN GENERAL
2. HOW [2] — By means of either —
a.
b. Deceit
3. EFFECT — That damage of prejudice capable of pecuniary estimation is caused to the offended party or
third person
ESTAFA WITH 1. By altering the substance, of anything with value that the offender should deliver based on an
UNFAITHFULNESS OR obligation
ABUSE OF CONFIDENCE a. WHEN — That the offender has an onerous obligation to deliver something of value
b.
i. Substance
ii. Quantity
iii. Quality
i. In trust
ii. On commission
iv. Under any other obligation involving the duty to make delivery or to return the same
b. ACT [3] — Offender either does any of the following in relation to such money or property —
i. Misappropriates
ii. Converts
d. WHEN — That there is a demand made by the offended party to the offender (Unless when there is
already evidence of misappropriation of the goods by the offender)
3. By taking undue advantage of the signature of the offended party in blank documents
a. WHEN — That the paper with the signature of the offended path be in blank
b. WHEN — That the offended party should have delivered it to the offender
c. ACT — Offender writes above the signature of the offended party without authority to do so
d. EFFECT — That the document written creates a liability of, or causes damage to, the offended party
CLARENCE TIU CRIMINAL LAW
ATENEO LAW 4B-2017 76 OF 89 MEMORY AID
CRIME ELEMENTS
ACT — Offender writes above the signature of the offended party without authority to do so
c.
d. EFFECT — That the document written creates a liability of, or causes damage to, the offended party
or any third person
ESTAFA BY MEANS OF COMMON REQUISITES (For all forms of Estafa by means of False Pretenses or Fraudulent Acts) —
FALSE PRETENSES OR 1. ACT — Offender employs an act of —
a.
(ART. 315, 2[A-E]) Fraudulent act
b.
c. Fraudulent means
2. WHEN — Such acts must be made or exeputedprior to or simuletaneously with the commission of the
fraud
3. WHEN — The offended party must have relied on the false pretense, fraudulent act or fraudulent means,
that is, he was induced to part with his money or property because of the false pretense, fraudulent act of
means
1. Using fictitious name, falsely pretending to possess power, influence, or by similar means
‣ ACT [3] — The offender either —
i. Power
ii. Influence
iii. Qualifications
iv. Property
v. Credit
vi. Agency
vii. Business
2. Altering the quality, fineness or weight of anything pertaining to one’s art or business
‣ ACT — By altering the following pertaining to his art or business —
a. Quality
b. Fineness
c. Weight
4. Postdating a check or issuing a check knowing that he had no funds in the ban or the funds were
insufficient
a. ACT — Offender either —
i. Postdated a check
b. WHEN — That such postdating or issuing a check was done when the offender had no funds in the
bank, or his funds deposited therein were not sufficient to cover the amount of the check
a. Obtains food, refreshment or accommodation at any of the following without paying therefor, with
intent to defraud the proprietor or manager thereof
i. Hotel or inn
ii. Restaurant
iii. Boarding house, lodging house, or partment house without paying therefor, with intent to
defraud the proprietor or manager thereof
b. Obtains credit at any said establishments by the use of any false pretense
c. Abandons or surreptitiously removes any part of his baggage form any of said establishments after
obtaining credit, food, refreshment or accommodation therein, without paying therefor.
ESTAFA THROUGH COMMON REQUISITES (For all forms of Estafa by Fraudulent Means) —
FRAUDULENT MEANS 1. ACT — Offender employs an act of —
a.
b. Fraudulent act
c. Fraudulent means
2. WHEN — Such acts must be made or executed prior to or simultaneously with the commission of the fraud
3. WHEN — The offended party must have relied on the false pretense, fraudulent act or fraudulent means,
that is, he was induced to part with his money or property because of the false pretense, fraudulent act of
means
b. ACT [3]— Offender either commits any of the following to such papers —
i. Removes
ii. Conceals
iii. Destroys
b. WHEN — Such check is made or drawn and issued to apply on account or for value
c. WHEN — That the person who ames or draws and issues 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
d. WHEN — That the check is subsequently dishonoured buy the drawee bank for insufficiency of funds
or credit or would have been dishonoured for the same reason had not the drawer, without any valid
reason, order the bank to stop payment
2. Drawing and issuing a check with sufficient funds but failing to keep sufficient funds
a. WHEN — That the offender has sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check
b. ACT — That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of 90 days from the date appearing thereon
OTHER FORMS OF 1. Conveying, selling, encumbering, or mortgaging any real property, pretending to be its owner
SWINDLING WHAT — That the thing be immovable (real property)
a.
(ART. 316) WHEN — That the offender who is not the owner of said property should represent that he is the
b.
owner thereof
c. ACT — That the offender should have executed an act of ownership (selling, leasing, encumbering, or
mortgaging real property)
b. WHEN — That the offender knew that the real property was encumbered (encumbrance must be
recorded for it to take effect)
c. WHEN — That there be express representation by the offender that the real property is free from
encumbrance
3. Wrongfully taking by the owner his personal property from its lawful possessor
a. WHO — That the offender is the owner of personal property
c. ACT — That the offender wrongfully take it from its lawful possessor
5. Accepting any compensation for services not rendered or for labor not performed
a. ACT — Accepting any compensation for services not rendered or for labor not performed by the
accused
6. Selling, mortgaging, or encumbering real property or properties with which the offender guaranteed
the fulfilment of his obligation as surety
a. WHO — Offender is a surety in a bond given in a criminal or civil action
b. WHEN — That he guaranteed the fulfilment of such obligation with his real property
c. ACT — That he sells, mortgages, or in any other manner encumbers said real property
SWINDLING A MINOR 1. ACT [3] — That the offender takes advantage of the inexperience or emotions or feelings of a minor by
(ART. 317) inducing such minor to either —
a. Assume an obligation
b. Credit
(ART. 318) By defrauding or damaging another by any other deceit NOT mentioned in the preceding articles.
1.
2. By interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the credulity of
the public in any other similar manner, for profit or gain
a.
MORTGAGED OR WHEN — That personal property is mortgaged under the Chattel Mortgage Law and the offender
b.
PLEDGED PERSONAL knows such fact
PROPERTY
c. ACT — That the offender permanently removes such mortgaged personal property to any province or
(ART. 319)
city other than the one in which it was located at the time of the execution of the mortgage.
d. WHEN — There is no written consent of the mortgagee or his executors, administrators or assigns to
such removal.
c. ACT — That the offender sells or pledges the same property or any part thereof.
d. WHEN — That there is no consent of the mortgagee which must be written on the back of the
mortgage and noted on the record thereof in the office of the register of deeds.
DESTRUCTIVE ARSON ACT [8] — When the offender burns any of the following —
(ART. 320 AS AMENDED One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of
1.
BY RA 7659) simultaneous burnings, committed on several or different occasions.
a. Devoted to the public in general or where people usually gather or congregate for a definite purpose
(such as — official governmental function or business, private transaction, commerce, trade,
workshop, meetings and conferences)
b. Merely incidental to a definite purpose (such as but not limited to hotels, motels, transient dwellings,
public conveyances or stops or terminals)
‣ Regardless of whether—
a. The offender had knowledge that there are persons in said building or edifice at the time it is set on
fire
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the
service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another
violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from
insurance.
6. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives
or general museum of the Government.
8. When the arson is perpetrated or committed by two (2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn or destroy the building or the burning merely
constitutes an overt act in the commission or another violation of law.
QUALIFYING (EFFECT) — If as a consequence of the commission of any of the enumerated acts, death results
(PD 1613) Any person who burns or sets fire to the property of another
1.
2. Any person setting fire to his own property under circumstances which expose to danger the life or
property of another.
QUALIFYING [5] —
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
4. If committed by a syndicate (if its is planned or carried out by a group of three (3) or more persons)
MALICIOUS MISCHIEF 1. ACT — That the offender deliberately caused damage to the property of another.
IN GENERAL WHEN — Such act does NOT constitute arson or other crimes involving destruction.
2.
(ART. 327) WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
3.
(presupposes that the offender acted due to hate, revenge or other evil motive)
b.
c. Spreading any infection or contagion among cattle.
d. Causing damage to the property of the National Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public.
2. WHEN — Such act does NOT constitute arson or other crimes involving destruction.
3. WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
(presupposes that the offender acted due to hate, revenge or other evil motive)
OTHER MISCHIEFS 1. ACT — That the offender deliberately caused damage to the property of another
(ART. 329) 2. WHEN — Such act does NOT constitute arson or other crimes involving destruction and is not included in
Art. 328
3. WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
(presupposes that the offender acted due to hate, revenge or other evil motive)
OBSTRUCTION TO 1. Railway
MEANS OF
2. Telegraph
COMMUNICATION
3. Telephone lines
(ART. 330)
QUALIFYING (EFFECT) — If the damage shall result in any derailment of cars, collision, or other accident
(without prejudice to the criminal liability of the offender for the other consequences of his criminal act)
1.
PUBLIC MONUMENTS Useful or ornamental painting of a public nature
2.
OR PAINTINGS
(ART. 331)
1.
CERTAIN CRIMES Swindling (estafa)
2.
AGAINST PROPERTY Malicious mischief
3.
(ART. 332)
Offenders (related to the victim) who are exempted from criminal liability —
4. The widowed spouse with respect to the property which belonged to the deceased spouse before the
same passed into the possession of another.
BUT — Strangers who participate in the commission of the crime are not exempt from criminal liability
CRIME ELEMENTS
b. ACT — Having sexual intercourse with a married woman knowing that she is married
MITIGATING (WHEN) — If the person guilty of adultery committed the offense while being abandoned without
justification by the offended spouse (benefits both offenders)
a.
b. ACT [3] — That he committed any of the following acts —
ii. Having sexual intercourse under scandalous circumstances with a woman who is not his wife
b. ACT — Committing the acts of concubinage with such man knowing that he is married
2.
(ART. 336) WHEN [9] — It is done through any of the following circumstances —
3.
a. HOW [5] — By employing either—
i. Force
ii. Threat
iii. Intimidation
i. Deprived of reason
ii. Unconscious
iv. Demented
SEDUCTION 1. WHO-PASSIVE — A woman over 12 and under 18 years of age who is of good reputation, single or
(ART. 337, 338) widowed
QUALIFYING — The crime is Qualified Seduction in the following cases (which may NOT involve deceit) —
1. Seduction of a Virgin
a. WHO-PASSIVE — A woman who is a virgin (or at least unmarried and of good reputation) and who is
over 12 but under 18 years of age
b. ACT — That the offender has sexual intercourse or carnal knowledge with her
c. HOW — Such was committed with abuse of authority, confidence or relationship (such as by —
person in public authority, guardian, teacher, priest, house servant)
i. Brother
a.
i. Brother
ii. Ascendant
b. WHO-PASSIVE — The sister or descendant of the offender (who is NOT required to be a virgin nor be
under 18 years of age)
c. ACT — That the offender has sexual intercourse or carnal knowledge with her
LASCIVIOUSNESS WITH WHO-PASSIVE [2] — That the acts are committed against a woman who is either a —
2.
THE CONSENT OF THE Virgin (or at least unmarried and of good reputation) who is over 12 but under 18 years of age
a.
OFFENDED PARTY
b. Sister or descendant regardless of her reputation or age
(ART. 339)
3. HOW [2] — That the offender accomplishes the acts by either —
b. By means of deceit
CHILD PROSTITUTION ACT [3] —The following are acts of Child Prostitution and Other Sexual Abuse —
AND OTHER SEXUAL Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited
1.
ABUSE to, the following —
a.
b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means
e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage
such child in prostitution
2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse (BUT — when the victim is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, para graph 3, for rape and Article 336 of the RPC for
rape or lascivious conduct, as the case may be)
3. Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment
serving as a cover or which engages in prostitution in addition to the activity for which the license has
been issued to said establishment.
WHITE SLAVE TRADE ACT [3] — The offender, in any manner, or under any pretext, either —
1.
2. Profits by prostitution
FORCIBLE ABDUCTION 1. WHO-PASSIVE — Any woman (regardless of her age, civil status, or reputation)
(ART. 342) 2. ACT — Abducting such woman against her will (BUT — if the female abducted is under 12 years of age, it
is not necessary that she be taken against her will)
CONSENTED 1. WHO-PASSIVE — A woman who is a virgin (or at least unmarried and of good reputation) and who is over
ABDUCTION 12 but under 18 years of age
(ART. 343) ACT — The offender takes her away with her consent, after solicitation or cajolery (flattery)
2.
3. HOW — That the taking away of the offended party must be with lewd designs.
PROSECUTION OF 1. Adultery and concubinage — must be prosecuted upon complaint signed by the offended spouse.
ADULTERY, Seduction, abduction, or acts of lasciviousness — must be prosecuted upon complaint signed by either of
2.
CONCUBINAGE, the following in the order of preference —
a.
ABDUCTION AND ACTS
b. Her parents
OF LASCIVIOUSNESS
c. Grandparents
(ART. 344)
d. Guardians
3. In case of complex crimes, where one of the component offenses is a public crime, the criminal
prosecution may be instituted by the fiscal.
PERSONS WHO 1. The following persons who cooperate as accomplices are nonetheless punished as principals —
COOPERATE AS
a. Ascendants
b.
PUNISHED AS Curators
c.
PRINCIPALS
d. Teachers
(ART. 346)
e. Any other person, who cooperates as accomplice with abuse of authority or confidential
relationship
a. Acts of lasciviousness
b. Qualified seduction
c. Simple seduction
d. Acts of lasciviousness with the consent of the offended party Corruption of minors
f. Forcible abduction
g. Consented abduction
CRIME ELEMENTS
(ART. 347) ACT — Offender pretends to be pregnant when in fact she is not, and on the day of the supposed delivery,
2.
takes the child of another as her own
SUBSTITUTION OF ONE ACT — Substituting or exchanging a child of a person with that of another
CHILD FOR ANOTHER
(ART. 347)
2.
LEGITIMATE CHILD WHY — The offender has the intent to cause such child to lose its civil status
3.
(ART. 347)
STATUS WHY — There is an intent to enjoy the rights arising from the civil status of another.
2.
(ART. 348)
QUALIFYING (WHY) — For the purpose of defrauding the offended party or his heirs
(ART. 349) 2. WHEN — That the marriage has not been legally dissolved or, in case his or her spouse is absent, before
the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper
proceedings
4. WHEN — That the second or subsequent marriage has all the essential requisites for validity.
MARRIAGE ACT [2] — That the offender contracted a marriage knowing at such time that either —
CONTRACTED AGAINST The requirements of the law were not complied with
1.
PROVISIONS OF LAW The marriage was in disregard of a legal impediment
2.
(ART. 350)
QUALIFYING (HOW) — If either of the contracting parties shall obtain the consent of the other by means of
violence, intimidation, or fraud
a.
CEREMONY Cvil authorities
b.
(ART. 352) ACT — Performing or authorizing any illegal marriage ceremony
2.
CRIME ELEMENTS
(ART. 353)
b. Vice or defect, real or imaginary of the offended party
c. Any act, omission, status or circumstance relating to the the offended party
4. WHO-PASSIVE — That the imputation must be directed to a natural or juridical person, or one who is dead.
5. EFFECT — That the imputation must tend to cause the dishonor, discredit or contempt of the person
defamed.
PRESUMPTION OF RULE — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and
MALICE; PROOF OF justifiable motive for making it is shown
TRUTH ‣ EXCEPT — in the following cases, actual malice must be proved —
a.
i. Absolutely Privilege Communications (Art. 6, Sec. 11, 1987 Constitution)
How to rebut the presumption of malice — All of the following must be shown —
1. The defamatory imputation is true, in case the law allows proof of the truth of the imputation;
1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a
private individual or a public officer.
2. When the offended party is a Government employee, even if the act or omission imputed does not
constitute a crime, provided, it is related to the discharge of his official duties.
2.
MEANS Writing
a.
(ART. 355) Printing
b.
c. Lithography
d. Engraving
e. Radio
f. Phonograph
g. Painting
h. Theatrical exhibition
i. Cinematographic exhibition
PERSONS LIABLE FOR 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or
LIBEL similar means.
2.
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.
PUBLISH AND OFFER By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members
1.
TO PREVENT SUCH of his family.
LIBELLOUS By offering to prevent the publication of such libel for compensation, or money consideration.
2.
PUBLICATION
(ART. 356)
PROHIBITED 1. WHO — The offender is a reporter, editor or manager of a newspaper daily or magazine.
PUBLICATION OF ACTS ACT — The publishes facts connected with the private life of another which are offensive to the honor,
2.
REFERRED TO IN THE virtue and reputation of said person.
COURSE OF OFFICIAL
PROCEEDINGS
(ART. 357)
(ART. 358) HOW — Such defamation is committed orally or by the speaking of defamatory words
2.
(ART. 359) HOW — Through the performance of physical acts (Any act not included in any other crime against honor)
2.
3. WHERE — That such act is performed in the presence of other person or persons.
4. EFFECT — That such act casts dishonor, discredit or contempt upon the offended party.
QUALIFYING — If it is of a serious nature (Grave Slander by Deed)
INCRIMINATING 1. ACT — That the offender performs an act which directly incriminates or imputes to an innocent person the
INNOCENT PERSON commission of a crime.
INTRIGUING AGAINST ACT — Making any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
HONOUR
(ART. 364)
CRIME ELEMENTS
NEGLIGENCE By committing through reckless imprudence any act which, had it been intentional, would constitute a
1.
(ART. 365) grave or less grave felony or light felony.
2. By committing through simple imprudence or negligence an act which would otherwise constitute a grave
or a less serious felony.
3. By causing damage to the property of another through reckless imprudence or simple imprudence or
negligence. (Par. 3)
4. By causing through simple imprudence or negligence some wrong which, if done maliciously, would have
constituted a light felony.
RECKLESS IMPRUDENCE 1. ACT — That the offender does or fails to do an act voluntarily
2.
3. EFFECT — That material damage results.
4. WHEN — There is inexcusable lack of precaution on the part of the offender, taking into consideration —
SIMPLE IMPRUDENCE 1. ACT — That there is lack of precaution on the part of the offender.
(ART. 365) EFFECT — That the damage impending to be caused is not immediate or the danger is not clearly
2.
manifest.