Professional Documents
Culture Documents
2
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
• Only
court
by
final
judgment
can
order
a
person
Elements
(Procuring
Search
Warrant
Without
Just
Elements
(Common
to
3
Acts)
to
change
his
residence
Cause)
1. Offender
is
a
Public
Officer
or
Employee
1. Offender
is
a
Public
Officer
or
Employee
2. He
performs
any
of
the
Acts
mentioned
above
Art.
128:
Violation
of
Domicile
2. He
procures
a
Search
Warrant
Acts
Punishable
3. There
is
No
Just
Cause
Art.
132:
Interruption
of
religious
worship
1. Entering
any
dwelling
Against
the
Will
of
the
Elements
owner
Elements
(Exceeding
Authority
or
Using
1. Offender
is
Public
Officer
or
Employee
2. Searching
papers
or
other
effects
found
therein
Unnecessary
Severity
in
Executing
a
search
warrant
2. Religious
ceremonies
or
manifestations
of
any
Without
previous
Consent
of
such
owner
legally
procured)
religion
are
About
to
take
place
or
are
Going
on
3. Refusing
to
Leave
the
premises
after
having
1. Offender
is
a
Public
Officer
or
Employee
3. Offender
Prevents
or
Disturbs
the
same
surreptitiously
entered
said
dwelling
and
after
2. He
has
Legally
Procured
a
search
warrant
having
been
required
to
leave
the
same
3. He
Exceeds
his
Authority
or
Uses
Unnecessary
Qualifying
circumstance
Severity
in
executing
the
same
1. If
the
rime
is
committed
with
Violence
or
Elements
(Common
to
3
Acts)
Threats
1. Offender
is
Public
Officer
or
Employee
Art.
130:
Searching
Domicile
Without
Witnesses
2. He
is
Not
Authorized
by
judicial
order
to
enter
Elements
Art.
133:
Offending
the
religious
feelings
the
dwelling
and/or
to
make
a
search
therein
1. Offender
is
a
Public
Officer
or
Employee
Elements
for
papers
or
other
effects
2. Armed
with
Search
Warrant
legally
procured
1. Acts
complained
of
were
performed
3. He
Searches
the
domicile,
papers
or
other
a. In
a
place
Devoted
to
Religious
worship
or
Qualifying
Circumstance
belongings
of
any
person
b. During
the
Celebration
of
any
religious
1. Offense
is
committed
at
Nighttime
4. The
owner,
or
any
member
of
his
family
or,
two
ceremony
2. Any
papers
or
effects
not
constituting
evidence
witnesses
residing
in
the
same
locality
are
Not
2. Acts
must
be
Notoriously
Offensive
to
the
of
a
crime
are
Not
Returned
Immediately
after
present
feelings
of
the
faithful
the
search
made
by
the
offender
Art.
131:
Prohibition,
Interruption,
and
Dissolution
Art.
129:
Search
Warrants
Maliciously
Obtained,
of
Peaceful
Meetings
and
Abuse
in
the
Service
of
those
Legally
Obtained
Acts
Punishable
Acts
Punishable
1. Prohibiting
or
interrupting,
without
legal
1. Procuring
a
search
warrant
Without
Just
cause
ground,
the
Holding
of
a
peaceful
Meeting,
or
2. By
by
Dissolving
the
same
a. Exceeding
his
Authority
or
2. Hindering
any
person
from
Joining
any
lawful
b. Using
Unnecessary
Severity
in
executing
a
Association
or
from
Attending
any
of
its
search
warrant
legally
procured
meetings
3. Prohibiting
or
hindering
any
person
from
Addressing,
either
alone
or
together
with
others,
any
petition
to
the
authorities
for
the
correction
of
abuses
or
redress
of
grievances
3
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
TITLE
3:
CRIMES
AGAINST
PUBLIC
ORDER
4. The
purpose
of
the
attack
is
to
Seize
or
Diminish
Art.
138:
Inciting
to
Rebellion
or
Insurrection
State
power
Elements
Chapter
1:
Rebellion,
Coup
d’etat,
Sedition,
and
1. Offender
does
Not
take
arms
or
is
Not
in
Open
Disloyalty
Art.
135:
Penalty
for
rebellion,
insurrection
or
coup
Hostility
against
the
government
d’etat
2. He
Incites
others
to
the
Execution
of
any
of
the
Art.
134:
Rebellion
or
insurrection
Liable
for
rebellion,
insurrection
and/or
coup
d’etat
acts
of
rebellion
Elements
A. The
Leaders:
3. The
inciting
is
done
by
means
of
Speeches,
1. There
be:
1. Any
person
who
Promotes,
Maintains,
or
Proclamations,
Writings,
Emblems,
Banners
or
a. Public
Uprising
Heads
a
rebellion
or
insurrection;
or
Other
representations
tending
to
the
same
end
b. Taking
Arms
against
the
Government
2. Leads,
Directs,
or
Commands
others
to
undertake
a
coup
d’etat
Art.
139:
Sedition
2. The
purpose
of
the
uprising
or
movement:
Elements
a. To
Remove
from
Allegiance
to
government
B. The
Participants:
1. Offenders
Rise
Publicly,
and
Tumultuously
or
its
laws:
1. Any
person
who
Participates,
or
Executes
2. They
employ
Force,
Intimidation
or
other
i. Territory
of
the
Philippines
or
any
part
the
commands
of
others
in
rebellion
or
means
Outside
of
Legal
methods
thereof;
or
insurrection
3. Offenders
employ
any
of
those
means
to
attain
ii. Any
body
of
land,
naval
or
other
2. Any
person
in
the
Government
service
who
any
of
the
following
objects:
armed
forces
participates
or
executes
directions
or
a. Prevent
the
promulgation
or
execution
of
b. To
Deprive
the
Chief
Executive
or
Congress,
commands
of
others
in
undertaking
a
coup
any
law
or
the
holding
of
any
popular
wholly
or
partially,
of
any
of
their
Powers
d’etat
election
or
prerogatives
3. Any
person
Not
in
the
government
service
b. Prevent
the
National
Government,
or
any
who
Participates,
Supports,
Finances,
provincial
or
municipal
government
or
any
Art.
134-‐A:
Coup
d’etat
Abets,
or
Aids
in
undertaking
a
coup
d’etat
public
officer
thereof
from
freely
exercising
Elements
its
or
his
functions,
or
prevent
the
1. Offender
is
a
person(s)
belonging
to
the
Military
Art.
136:
Conspiracy
and
Proposal
to
commit
Coup
execution
of
any
administrative
order
or
Police
or
holding
any
Public
office
or
D’etat,
Rebellion
or
Insurrection
c. Inflict
any
act
of
hate
or
revenge
upon
the
Employment
Acts
Punished
person
or
property
of
any
public
officer
or
2. It
is
committed
by
means
of
a
Swift
attack
1. Conspiracy
to
commit
rebellion
employee
accompanied
by
Violence,
Intimidation,
Threat,
2. Proposal
to
commit
rebellion
d. Commit,
for
any
political
or
social
end,
any
Strategy
or
Stealth
act
of
hate
or
revenge
against
private
3. The
attack
is
directed
against
duly
constituted
Art.
137:
Disloyalty
of
public
officers
or
employees
persons
or
any
social
class
Authorities
of
the
Republic
of
the
Philippines,
or
Acts
Punished
e. Despoil,
for
any
political
or
social
end,
any
any
Military
camp
or
installation,
1. Failing
to
Resist
a
Rebellion
by
all
the
means
in
person,
municipality
or
province,
or
the
communication
networks,
public
utilities
or
their
power
National
Government
of
all
its
property
or
other
facilities
needed
for
the
exercise
and
2. Continuing
to
Discharge
the
duties
of
their
any
part
thereof
continued
possession
of
power
offices
under
the
control
of
the
rebels
3. Accepting
Appointment
to
office
under
them
4
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
140:
Penalty
for
Sedition
Chapter
2:
Crimes
Against
Popular
Representation
5. By
arresting
or
searching
any
member
thereof
Persons
liable
while
the
national
Assembly
is
in
regular
or
1. Leader
Art.
143:
Acts
tending
to
prevent
the
meeting
of
special
session,
except
in
case
such
member
has
2. Other
persons
participating
the
assembly
and
similar
bodies
committed
a
crime
punishable
under
the
Code
Elements
by
a
penalty
higher
than
prision
mayor
Art.
141:
Conspiracy
to
Commit
Sedition
1. There
be
a
Projected
or
Actual
Meeting
of
the
• There
must
be
an
agreement
and
a
decision:
National
Assembly
or
any
of
its
committees
or
Elements
(Preventing)
1. To
rise
publicly
and
tumultuously
subcommittees,
constitutional
committees
or
1. That
the
offender
uses
Forces,
Intimidation,
2. To
attain
any
of
the
objects
of
sedition
divisions
thereof,
or
of
any
provincial
board
or
Threats
or
Fraud;
• No
proposal
to
commit
sedition
city
or
municipal
council
or
board
2. That
the
purpose
of
the
offender
is
to
prevent
2. Offender
who
may
be
any
person
Prevents
such
any
member
of
the
National
Assembly
from:
Art.
142:
Inciting
to
Sedition
meeting
by
Force
or
Fraud
a. Attending
the
meetings
of
the
Assembly
or
any
of
its
committees
or
constitutional
Acts
Punished
Art.
144:
Disturbance
of
proceedings
commissions;
1. Inciting
others
to
the
accomplishment
of
any
of
Elements
b. Expressing
his
opinions;
or
the
acts
which
constitute
sedition
by
means
of
1. There
be
a
Meeting
of
the
National
Assembly
or
c. Casting
his
vote
Speeches,
Proclamations,
Writings,
Emblems,
any
of
its
committees
or
subcommittees,
etc.
constitutional
committees
or
divisions
thereof,
Elements
(Arresting
or
Searching)
2. Uttering
Seditious
Words
or
speeches
which
or
of
any
provincial
board
or
city
or
municipal
1. The
offender
is
a
Public
Officer
or
Employee
tend
to
disturb
the
public
peace
council
or
board
2. He
Arrests
or
Searches
any
member
of
the
3. Writing,
Publishing
or
Circulating
Scurrilous
2. The
offender
does
any
of
the
following
acts:
National
Assembly
Libels
against
the
government
or
any
of
the
a. He
Disturbs
any
of
such
Meetings
3. The
Assembly,
at
the
time
of
arrest
or
search,
is
duly
constituted
authorities
thereof,
which
tend
b. He
Behaves
while
in
the
presence
of
any
in
Regular
or
Special
Session
to
disturb
the
public
peace
such
bodies
in
such
a
manner
as
to
4. The
member
arrested
or
searched
has
not
Interrupt
its
proceedings
or
to
Impair
the
committed
a
crime
punishable
under
the
Code
Elements
respect
due
it
by
a
penalty
higher
than
Prision
Mayor
1. Offender
does
Not
Take
Direct
Part
in
the
crime
of
sedition
Art.
145:
Violation
of
parliamentary
immunity
Chapter
3:
Illegal
Assemblies
and
Associations
2. He
Incites
others
to
the
accomplishment
of
any
of
the
acts
which
constitute
sedition
Acts
Punishable
3. The
inciting
is
done
by
means
of
Speeches,
4. By
using
Force
Intimidation,
Threats,
or
Frauds
Art.
146:
Illegal
assemblies
Proclamations,
Writings,
Emblems,
Cartoons,
to
prevent
any
member
of
the
National
What
are
illegal
assemblies?
Banners,
or
Other
representations
tending
to
Assembly
from
(a)
Attending
the
meetings
of
1. Any
meeting
attended
by
Armed
Persons
for
the
same
end
the
Assembly
or
of
any
of
its
committees
or
the
purpose
of
committing
any
of
the
crimes
subcommittees,
constitutional
commissions
or
punishable
under
the
Code
committees
or
divisions
thereof,
or
from
(b)
2. Any
meeting
in
which
the
Audience,
whether
expressing
his
opinions,
or
(c)
casting
his
vote
armed
or
not,
is
Incited
to
the
commission
of
the
crime
of
Treason,
Rebellion,
or
Insurrection,
5
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Sedition,
or
Assault
upon
a
Person
in
Authority
purposes
enumerated
in
defining
the
crimes
of
Qualified
Direct
Assault
or
his
Agents
Rebellion
and
Sedition
1. The
assault
is
committed
with
a
Weapon,
or
2. Without
Public
Uprising,
by
Attacking,
by
2. Offender
is
a
Public
Officer
or
Employee,
or
Elements
(Meeting
for
Crimes
in
RPC)
employing
Force,
or
by
Seriously
Intimidating
or
3. Offender
Lays
Hands
upon
a
PIA
1. That
there
is
a
Meeting,
a
gathering
or
group
of
Seriously
Resisting
any
person
in
authority
or
persons,
whether
in
a
fixed
place
or
moving
any
of
his
agents,
while
engaged
in
the
Art.
149:
Indirect
Assaults
2. That
the
meeting
is
attended
by
Armed
persons
performance
of
official
duties,
or
on
the
Elements:
3. That
the
purpose
of
the
meeting
is
to
Commit
occasion
of
such
performance
1. PIA
or
his
agent
is
the
Victim
of
any
of
the
forms
any
of
the
Crimes
Punishable
in
the
Code
of
direct
assault
defined
in
Art.
148
Elements
(First
Form)
2. A
person
Comes
to
the
Aid
of
such
authority
or
Elements
(Meeting
for
TRIDS)
1. That
the
offender
employs
Force
or
his
agent
1. That
there
is
a
meeting,
a
gathering
or
group
of
Intimidation
3. The
offender
makes
use
of
Force
or
persons
whether
in
a
fixed
place
or
moving
2. That
the
aim
of
the
offender
is
to
Attain
any
of
Intimidation
upon
such
person
coming
to
the
2. That
the
audience,
whether
armed
or
not,
is
the
purposes
of
the
crime
of
Rebellion
or
any
of
aid
of
the
authority
or
his
agent
Incited
to
the
commission
of
the
crime
of
the
objects
in
the
crime
of
Sedition
Treason,
Rebellion
or
Insurrection,
Direct
3. That
there
is
no
Public
Uprising
Art.
150:
Disobedience
to
Summons
issued
by
the
Assault,
or
Sedition
National
Assembly,
its
committees
or
Elements
(Second
Form)
subcommittees,
by
the
Constitutional
Commission,
Art.
147:
Illegal
associations
1. That
the
offender
(a)
Makes
an
Attack,
(b)
its
committees,
subcommittees
or
divisions
What
are
illegal
associations?
Employs
Force,
(c)
Makes
Serious
Intimidation,
Acts
punished
1. Totally
or
partially
organized
for
the
purpose
of
or
(d)
Makes
a
Serious
Resistance
1. Refusing,
without
legal
excuse,
to
Obey
committing
any
of
the
Crimes
punishable
under
2. That
the
person
assaulted
is
a
Person
in
Summons
of
the
National
Assembly,
its
special
the
Code
Authority
or
His
Agent
or
standing
committees
and
subcommittees,
2. Totally
or
partially
organized
for
some
purpose
3. That
at
the
time
of
the
assault
the
person
in
the
Constitutional
commissions
and
its
Contrary
to
Public
Morals
authority
or
his
agent
is
(a)
Engaged
in
the
committees,
subcommittees
or
divisions,
or
by
Persons
liable
Actual
Performance
of
Official
Duties,
or
that
he
any
commission
or
committee
chairman
or
1. Founders,
directors
and
president
of
the
is
assaulted
(b)
by
reason
of
the
Past
member
authorized
to
summon
witnesses
association
Performance
of
Official
Duties
2. Refusing
to
be
Sworn
or
placed
under
2. Mere
Members
4. That
the
offender
Knows
that
the
one
he
is
affirmation
while
being
before
such
legislative
assaulting
is
a
person
in
authority
or
his
agent
or
constitutional
body
or
official
Chapter
4:
Assault
Upon,
and
Resistance
and
in
the
exercise
of
his
duties
3. Refusing
to
Answer
any
legal
inquiry
or
to
Disobedience
to,
Persons
in
Authority
and
their
5. That
there
is
no
Public
Uprising
produce
any
books,
papers,
documents
or
Agents
records
in
his
possession,
when
required
by
2
Kinds
of
Direct
Assault
(Second
Form)
them
to
do
so
in
the
exercise
of
their
functions
Art.
148:
Direct
Assaults
1. Simple
Assault
4. Restraining
Another
from
Attending
as
a
Acts
Punished
2. Qualified
Assault
witness
in
such
legislative
or
constitutional
1. Without
Public
Uprising,
by
employing
Force
or
body
Intimidation
for
the
attainment
of
any
of
the
6
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
5. Inducing
Disobedience
to
a
Summons
or
Refusal
Agents
2. Serious
physical
injuries
through
reckless
to
be
Sworn
by
any
such
body
or
official
To
be
an
agent
of
a
person
in
authority,
one
must
be
imprudence
charged
with
Art.
151:
Resistance
and
Disobedience
to
a
Person
1. Maintenance
of
public
order;
and
Art.
154:
Unlawful
Use
of
Means
of
Publication
and
in
Authority
or
the
Agents
of
such
person
2. Protection
and
security
of
life
and
property
Unlawful
Utterances
Elements
of
Resistance
and
Serious
Disobedience
Acts
Punished
(par.
1)
Art.
153:
Tumults
and
Other
Disturbances
of
Public
1. Publishing
or
causing
to
be
Published,
by
means
1. A
person
in
authority
or
his
agent
is
engaged
in
Order
of
Printing,
Lithography
or
any
Other
means
of
the
Performance
of
Official
Duty
or
gives
a
What
are
tumults
and
other
disturbances
of
public
publication,
as
news
any
false
news
which
may
lawful
order
to
the
offender
order
endanger
the
public
order,
or
cause
damage
to
2. The
offender
Resists
or
Seriously
Disobeys
such
1. Causing
any
Serious
Disturbance
in
a
Public
the
interest
or
credit
of
the
State
person
in
authority
or
his
agent
place,
Office
or
Establishment
2. Encouraging
Disobedience
to
the
law
or
to
the
3. The
act
of
the
offender
is
not
Included
in
the
2. Interrupting
or
Disturbing
performances,
constituted
authorities
or
by
praising,
justifying
provisions
of
Art.
148
(Direct
assault),
149
functions
or
gatherings
or
peaceful
meetings,
if
or
extolling
any
act
punished
by
law,
by
the
(Indirect
assault)
and
150
(Disobedience)
the
act
is
not
included
in
Arts.
131
(Prohibition,
same
means
or
by
words,
utterances
or
Interruption,
and
Dissolution
of
peaceful
speeches.
Elements
of
Simple
Disobedience
(par.
2)
meetings)
and
132
(Interruption
of
religious
3. Maliciously
Publishing
or
causing
to
be
1. An
agent
of
a
person
in
authority
is
engaged
in
worship)
published
any
official
Resolution
or
Document
the
Performance
of
Official
Duty
or
Gives
a
3. Making
any
Outcry
tending
to
Incite
Rebellion
without
proper
authority
or
before
they
have
Lawful
Order
to
the
offender
or
Sedition
in
any
meeting,
association
or
public
been
published
officially
2. The
offender
Disobeys
such
agent
of
a
person
in
place
4. Printing,
Publishing
or
Distributing
(or
causing
authority
4. Displaying
Placards
or
Emblems
which
provoke
the
same)
books,
pamphlets,
periodicals,
or
3. Such
disobedience
is
not
of
a
Serious
nature
a
disturbance
of
public
order
in
such
place
leaflets
which
do
not
bear
the
real
printer’s
5. Burying
with
Pomp
the
body
of
a
person
who
name,
or
which
are
classified
as
anonymous.
Art.
152:
Persons
in
authority
and
agents
of
has
been
legally
executed
persons
in
authority
Art.
155:
Alarms
and
Scandals
PIAs
Qualifying
Circumstances
Acts
Punished
1. Municipal
Mayor
• Penalty
next
higher
in
degree
shall
be
imposed
1. Discharging
any
Firearm,
Rocket,
Firecracker
or
2. Division
Superintendent
of
schools
upon
persons
causing
any
disturbance
or
Other
explosive
within
any
town
or
public
3. Public
and
Private
school
Teachers
interruption
of
a
tumultuous
character
place,
calculated
to
cause
(which
produces)
4. Teacher-‐Nurse
• Tumultuous
–
caused
by
more
than
3
persons
alarm
or
danger
5. President
of
Sanitary
Division
who
are
armed
or
provided
with
means
of
2. Instigating
or
taking
an
active
part
in
any
6. Provincial
Fiscal
violence
Charivari
or
other
disorderly
meeting
offensive
7. Justice
of
the
Peace
• One
who
fired
a
submachine
gun
to
cause
to
another
or
prejudicial
to
public
tranquility
8. Municipal
Councilor
disturbance
but
inflicted
serious
physical
3. Disturbing
the
public
peace
while
Wandering
9. Barrio
Captain
and
Barangay
Chairman
injuries
on
another,
may
be
prosecuted
for
2
about
at
night
or
while
engaged
in
any
other
crimes
Nocturnal
amusements
1. Serious
disturbance
in
a
public
place
7
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
4. Causing
any
Disturbance
or
scandal
in
public
Art.
158:
Evasion
of
Service
of
sentence
on
the
Chapter
7:
Commission
of
Another
Crime
During
places
while
Intoxicated
or
otherwise,
provided
occasion
of
Disorders,
Conflagrations,
Earthquakes,
Service
or
Penalty
Imposed
for
Another
Previous
Article
153
(Tumults
and
other
disturbances
of
or
Other
calamities
Offense
public
order)
is
not
applicable
Elements
1. The
offender
is
a
convict
by
Final
Judgment,
Art.
160:
Commission
of
Another
Crime
During
Art.
156:
Delivering
prisoners
from
jail
who
is
confined
in
a
Penal
Institution
Service
of
penalty
imposed
for
another
previous
Elements
2. There
is
disorder,
resulting
from:
offense
(Quasi-‐recidivism)
1. There
is
a
person
confined
in
a
Jail
or
Penal
a. Conflagration
Elements
establishment
b. Earthquake
1. The
offender
was
already
Convicted
by
final
2. The
offender
(any
person)
Removes
therefrom
c. Explosion
judgment
of
one
offense
such
person,
or
helps
the
escape
of
such
person
d. Similar
catastrophe
2. He
committed
a
New
Felony
• By
means
of
Violence,
Intimidation,
or
e. Mutiny
in
which
he
has
not
participated
a. Before
beginning
to
serve
such
sentence
Bribery,
or
3. The
offender
Evades
the
service
of
his
sentence
b. Or
while
serving
the
same
• Other
means
by
leaving
the
penal
institution
where
he
is
confined,
on
the
occasion
of
such
disorder
or
TITLE
FOUR:
CRIMES
AGAINST
PUBLIC
INTEREST
Chapter
6:
Evasion
of
Service
of
Sentence
during
the
mutiny
4. The
offender
Fails
to
give
himself
up
to
the
Chapter
1:
Forgeries
Art.
157:
Evasion
of
service
of
sentence
authorities
within
48
hours
following
the
Elements
issuance
of
a
proclamation
by
the
Chief
Art.
161:
Counterfeiting
the
Great
Seal
of
the
1. The
offender
Is
a
Convict
by
Final
Judgment
Executive
announcing
the
passing
away
of
such
Government
of
the
Philippines,
Forging
the
2. He
is
Serving
his
sentence
which
consists
in
calamity
Signature
or
Stamp
of
the
Chief
Executive
Deprivation
of
Liberty
Acts
Punished
3. He
Evades
the
service
of
his
sentence
by
Art.
159:
Other
cases
of
Evasion
of
service
of
1. Forging
the
Great
Seal
of
the
government
of
the
Escaping
during
the
term
of
his
sentence
sentence
(Violation
of
Conditional
Pardon)
Philippines
Elements
2. Forging
the
Signature
of
the
President
Qualifying
Circumstances
1. The
offender
was
a
Convict
3. Forging
the
Stamp
of
the
President
If
such
evasion
or
escape
takes
place
–
2. He
was
granted
a
Conditional
Pardon
by
the
1. By
means
of
unlawful
entry
(this
should
be
by
Chief
Executive
Art.
162:
Using
Forged
Signature
or
Counterfeit
Seal
scaling
or
climbing
the
wall)
3. He
Violated
any
of
the
conditions
of
such
or
Stamp
2. By
breaking
doors,
windows,
gates,
walls,
roofs
pardon
Elements
or
floors
1. The
Great
Seal
of
the
republic
was
3. By
using
picklocks,
false
keys,
disguise,
deceit,
Two
penalties
Counterfeited
or
the
Signature
or
Stamp
of
the
violence
or
intimidation
1. Prision
correcional
in
its
minimum
period
–
if
Chief
Executive
was
forged
by
another
person
4. Through
connivance
with
other
convicts
or
the
penalty
remitted
does
not
exceed
6
years
2. The
offender
Knew
of
the
counterfeiting
or
employees
of
the
penal
institution
2. Unexpired
portion
of
his
original
sentence
–
if
forgery
the
penalty
remitted
is
higher
than
6
years
3. He
Used
the
counterfeit
seal
or
forged
signature
or
stamp
8
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
163:
Making
and
Importing
and
Uttering
False
Elements
(First
Act)
Art.
168:
Illegal
Possession
and
Use
of
False
Coins
1. Possession
Treasury
or
Bank
Notes
and
Other
instruments
of
Elements
2. With
Intent
to
utter
credit
1. There
be
False
or
Counterfeited
Coins
3. Knowledge
Elements
2. The
offender
either
Made,
Imported
or
Uttered
1. Any
Treasury
or
Bank
note
or
Certificate
or
such
coins
Elements
(Second
Act)
other
obligation
and
security
Payable
to
Bearer,
3. In
case
of
uttering
such
false
or
counterfeited
1. Actually
Uttering
or
any
instrument
payable
to
order
or
other
coins,
he
Connived
with
the
counterfeiters
or
2. Knowledge
document
of
credit
not
payable
to
bearer
is
importers
forged
or
falsified
by
another
person
Art.
166:
Forging
Treasury
or
Bank
Notes
or
Other
2. The
offender
Knows
that
any
of
those
Kinds
of
coins
the
counterfeiting
of
which
is
documents
payable
to
bearer;
importing
and
instruments
is
forged
or
falsified
punished
uttering
of
such
false
or
forged
notes
and
3. He
performs
any
of
these
acts
1. Silver
coin
of
the
Philippines
or
coin
of
the
BSP
documents
a. Using
any
of
such
forged
or
falsified
2. Coin
of
the
minor
coinage
of
the
Philippines
or
Acts
Punished
instruments
of
the
BSP
1. Forging
or
Falsification
of
treasury
or
bank
b. Possessing
with
the
intent
to
use
any
of
3. Coin
of
the
currency
of
a
foreign
country
notes
or
other
documents
payable
to
bearer
such
forged
or
falsified
instruments
2. Importation
of
such
false
or
forged
obligations
Art.
164:
Mutilation
of
Coins
–
Importation
and
or
notes
Art.
169:
How
Forgery
is
Committed
Uttering
of
Mutilated
Coins
3. Uttering
of
such
false
or
forged
obligations
or
Forgery:
Acts
Punished
notes
in
connivance
with
the
forgers
or
1. Giving
a
treasury
or
bank
note
or
any
1. Mutilating
coins
of
the
legal
currency,
with
the
importers
instrument
payable
to
bearer
or
to
order
further
requirement
that
there
be
Intent
to
mentioned
therein,
the
appearance
of
a
true
Damage
or
to
Defraud
another
Notes
and
other
obligations
and
securities
that
and
genuine
document
2. Importing
or
Uttering
such
mutilated
coins,
may
be
forged
or
falsified
2. Erasing,
substituting,
counterfeiting,
or
altering
with
the
further
requirement
that
there
must
1. Treasury
or
bank
notes
by
any
means
the
figures,
letters,
words,
or
be
Connivance
with
the
mutilator
or
importer
in
2. Certificates
signs
contained
therein
case
of
uttering
3. Other
obligations
and
securities,
payable
to
bearer
Art.
170:
Falsification
of
legislative
documents
Art.
165:
Selling
of
false
or
mutilated
coins,
without
Elements
connivance
Art.
167:
Counterfeiting,
Importing
and
Uttering
1. There
be
a
Bill,
Resolution
or
Ordinance
Acts
Punished
Instruments
Not
Payable
to
Bearer
enacted
or
approved
or
pending
approval
by
1.
Possession
of
coin,
counterfeited
or
mutilated
by
Elements
either
House
of
the
Legislature
or
any
provincial
Another
Person,
with
Intent
to
utter
to
the
same,
1. There
be
an
Instrument
Payable
to
Order
or
board
or
municipal
council
Knowing
that
it
is
false
or
mutilated
other
document
of
credit
not
payable
to
bearer
2. The
offender
Alters
the
same
2.
Actually
Uttering
such
false
or
mutilated
coin,
2. Offender
either
Forged,
Imported
or
Uttered
3. He
has
No
Proper
Authority
therefor
knowing
the
same
to
be
false
or
mutilated
such
instrument
4. The
alteration
has
Changed
the
Meaning
of
the
3. In
case
of
uttering,
he
Connived
with
the
forger
document
or
importer
9
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
171:
Falsification
by
Public
Officer,
Employee
Par.
1:
Counterfeiting
or
imitating
any
handwriting,
persons
or
Notary
signature
or
rubric
Elements
2
ways
of
committing
Par.
4:
Making
untruthful
statements
in
a
narration
1. The
offender
is
a
Public
Officer,
Employee
or
1. Counterfeiting
–
imitating
any
handwriting,
of
facts
Notary
Public
signature
or
rubric
Requisites
2. He
takes
Advantage
of
his
official
position
2. Feigning
–
simulating
a
signature,
handwriting
1. The
offender
makes
in
a
documents
statements
3. He
Falsifies
a
document
by
committing
any
of
or
rubric
out
of
one
which
does
in
fact
exist
in
a
narration
of
facts;
the
following
acts:
2. He
has
a
legal
obligation
to
disclose
the
truth
of
a. Counterfeiting
or
imitating
any
Requisites
of
counterfeiting
the
facts
narrated
handwriting,
signature
or
rubric
1. Imitation
need
not
be
perfect
3. The
facts
narrated
by
the
offender
are
b. Causing
it
to
appear
that
persons
have
2. It
is
necessary
only
that:
absolutely
false;
and
participated
in
any
act
or
proceeding
when
a. There
be
an
intent
to
imitate,
or
an
4. The
perversion
of
truth
in
the
narration
of
facts
they
did
not
in
fact
so
participate
attempt
to
imitate
was
made
with
the
wrongful
intent
of
injuring
a
c. Attributing
to
persons
who
have
b. The
2
signatures
or
handwritings,
the
third
person
participated
in
an
act
or
proceeding
genuine
and
the
forged,
bear
some
statements
other
than
those
in
fact
made
resemblance
to
each
other
Par.
5:
Altering
true
dates
by
them
• Date
must
be
essential;
the
alteration
of
the
d. Making
untruthful
statements
in
a
Par.
2:
Causing
it
to
appear
that
persons
have
date(s)
in
a
document
must
affect
either
the
narration
of
facts
participated
in
any
act
or
proceeding
when
they
did
veracity
of
the
document
or
the
effects
thereof
e. Altering
true
dates
not
in
fact
so
participate
f. Making
any
alteration
or
intercalation
in
a
Requisites:
Par.
6:
Making
any
alteration
or
intercalation
in
a
genuine
document
which
changes
its
1. The
offender
caused
it
to
appear
in
a
document
genuine
document
which
changes
its
meaning
meaning
that
a
person
or
persons
participated
in
an
act
Requisites
g. Issuing
in
authenticated
form
a
document
or
a
proceeding;
and
1. There
be
an
alteration
(change)
or
intercalation
purporting
to
be
a
copy
of
an
original
2. Such
person
or
persons
did
not
in
fact
so
(insertion)
on
a
document
document
when
no
such
original
exists,
or
participate
in
the
act
or
proceeding
2. It
was
made
on
a
genuine
document
including
in
such
copy
a
statement
3. The
alteration
or
intercalation
has
changed
the
contrary
to,
or
different
from,
that
of
the
Par.
3:
Attributing
to
persons
who
have
meaning
of
the
document
genuine
original
participated
in
an
act
or
proceeding
statements
4. The
change
made
the
document
speak
h. Intercalating
any
instrument
or
note
other
than
those
in
fact
made
by
them
something
false
relative
to
the
issuance
thereof
in
a
Requisites
protocol,
registry
or
official
book
1. A
person
or
persons
participated
in
an
act
or
Par.
7:
Issuing
in
authenticated
form
a
document
4. In
case
the
offender
is
an
Ecclesiastical
Minister,
proceeding;
purporting
to
be
a
copy
of
an
original
document
the
act
of
falsification
is
committed
with
2. Such
person
or
persons
made
statements
in
when
no
such
original
exists,
or
including
in
such
respect
to
any
record
or
document
of
such
that
act
or
proceeding;
copy
a
statement
contrary
to,
or
different
from,
character
that
its
falsification
may
affect
the
3. The
offender,
in
making
a
document,
attributed
that
of
the
genuine
original
civil
status
of
persons
to
such
person
or
persons
statements
other
Acts:
than
those
in
fact
made
by
such
person
or
1. Purporting
to
be
a
copy
of
an
original
when
no
10
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
such
original
exists
Par.
2:
Falsification
of
private
document
by
any
Art.
173:
Falsification
of
Wireless,
Cable,
Telegraph
• Example:
a
notary
public
made
a
supposed
person
and
Telephone
Messages
and
Use
of
said
Falsified
copy
of
a
deed
of
sale
which
was
never
Elements
Messages
executed
and
of
which
he
had
no
copy
1. The
offender
committed
any
of
the
acts
of
Acts
Punishable
falsification,
except
those
in
Art.
171(7)
1. Uttering
fictitious
wireless,
telegraph
or
2. Including
in
a
copy
a
statement
contrary
to,
or
2. The
falsification
was
committed
in
any
private
telephone
message
different
from,
that
of
the
genuine
original
document
2. Falsifying
wireless,
telegraph
or
telephone
• Example:
a
civil
registrar
stated
in
a
3. The
falsification
caused
damage
to
a
3rd
party
or
message
certified
copy
of
a
record
of
birth
that
the
at
least
the
falsification
was
committed
with
3. Using
such
falsified
message
person
mentioned
therein
was
legitimate
intent
to
cause
such
damage
when
there
was
no
such
statement
in
the
Par.
1:
Uttering
fictitious
wireless,
telegraph
or
original
Par.
3:
Use
of
falsified
document
telephone
message;
falsifying
the
same
Elements
Elements
Par.
8:
Intercalating
any
instrument
or
note
relative
Introducing
in
a
judicial
proceeding
1. The
offender
is
an
officer,
or
employee
of
the
to
the
issuance
thereof
in
a
protocol,
registry
or
1. The
offender
knew
that
a
document
was
Government
or
an
officer
or
employee
of
a
official
book
falsified
by
another
person
private
corporation,
engaged
in
the
service
of
2. The
false
document
is
embraced
in
Art.
171
or
sending
or
receiving
wireless,
cable
or
Art:
172:
Falsification
by
Private
Individuals
and
in
any
subdivisions
No.
1
or
2
of
Art.
172
telephone
message
Use
of
Falsified
Documents
3. He
introduced
said
document
in
evidence
in
any
2. The
offender
commits
any
of
the
following
acts:
Acts
Punished
judicial
proceeding
a. Uttering
fictitious
wireless,
cable,
telegraph
1. Falsification
of
public,
official
or
commercial
or
telephone
message;
or
document
by
a
private
individual
Use
in
any
other
transaction
b. Falsifying
wireless,
cable,
telegraph
or
2. Falsification
of
private
document
by
any
person
1. The
offender
knew
that
a
document
was
telephone
message
3. Use
of
falsified
document
falsified
by
another
person
2. The
false
document
is
embraced
in
Art.
172
or
Par.
2:
Using
such
falsified
message
Par.
1:
Falsification
of
public,
official
or
commercial
in
any
of
subdivision
No.
1
or
2
of
Art.
172
Elements:
document
by
a
private
individual
3. He
used
such
document
(not
in
judicial
1. The
accused
knew
that
wireless,
cable,
Elements:
proceedings)
telegraph
or
telephone
message
was
falsified
1. The
offender
is
a
private
individual
or
a
public
4. The
use
of
the
false
document
caused
damage
by
any
of
the
persons
specified
in
the
first
officer
or
employee
who
did
not
take
advantage
to
another
or
at
least
it
was
used
with
intent
to
paragraph
of
Art.
173
of
his
official
position
cause
such
damage
2. The
accused
used
such
falsified
dispatch
2. He
committed
any
of
the
acts
of
falsification
in
3. The
use
of
the
falsified
dispatch
resulted
in
the
Art.
171
The
user
of
the
falsified
document
is
deemed
the
prejudice
of
a
third
party,
or
that
the
use
3. The
falsification
was
committed
in
a
public
or
author
of
the
falsification
if
thereof
was
with
the
intent
to
cause
such
official
or
commercial
document
1. The
use
was
so
closely
connected
in
time
of
the
prejudice
falsification
• Lack
of
malice
or
criminal
intent
is
a
defense
in
2. The
user
had
the
capacity
of
falsifying
the
falsification
of
public
document
document
11
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
174:
False
Medical
Certificates,
False
another
person
Art.
178:
Using
Fictitious
Name
and
Concealing
Certificates
of
Merit
or
Service,
etc.
True
Name
Persons
Liable
Chapter
2:
Other
Falsities
Elements
(Using
Fictitious
Name)
1. Physician
or
surgeon
who,
in
connection
with
1. The
offender
Uses
a
name
other
than
his
real
the
practice
of
his
profession,
issued
a
false
Art.
177:
Usurpation
of
Authority
or
Official
name
certificate
(it
must
refer
to
the
illness
or
injury
Functions
2. He
offender
uses
that
fictitious
name
Publicly
of
a
person)
–
the
crime
is
False
Medical
2
Offenses
Contemplated
3. The
purpose
of
the
offender
is
to:
Certificate
by
a
physician
1. Usurpation
of
Authority
a. Conceal
a
crime
2. Public
officer
who
issued
a
false
certificate
of
2. Usurpation
of
Official
Functions
b. Evade
the
execution
of
a
judgment
merit
of
service,
good
conduct
or
similar
c. Cause
damage
to
public
interest
circumstances
–
the
crime
is
False
Certificate
of
2
Ways
of
Committing
the
Crime
Merit
or
Service
by
a
public
officer
1. Knowingly
and
falsely
representing
oneself
to
Elements
(Concealing
True
Name)
3. Private
individual
who
falsified
a
certificate
be
an
officer,
agent
or
representative
of
any
1. The
offender
Conceals
falling
in
the
classes
mentioned
in
Nos.
1
&
2
–
department
or
agency
of
the
Philippine
a. his
True
name
the
crime
is
False
Medical
Certificate
or
False
Government
or
any
foreign
government
b. all
Other
personal
circumstances
Certificate
of
Merit
or
Service
by
a
private
2. Performing
any
act
pertaining
to
any
person
in
2. The
purpose
is
only
to
Conceal
his
identity
individual
authority
or
public
officer
of
the
Philippine
Government
or
of
a
foreign
government
or
any
Art.
179:
Illegal
Use
of
Uniform
or
Insignia
Art.
175:
Use
of
False
Certificates
agency
thereof,
under
pretense
of
official
Elements
Elements
position,
and
without
being
lawfully
entitled
to
1. The
offender
makes
use
of
Insignia,
Uniform
or
1. A
physician
or
surgeon
had
issued
a
false
do
so
Dress
medical
certificate,
or
a
public
officer
had
2. The
insignia,
uniform
or
dress
pertains
to
an
issued
a
false
certificate
of
merit
or
service,
The
offender
should
have:
Office
Not
Held
by
the
offender
or
to
a
class
of
good
conduct,
or
similar
circumstances
or
a
1. Represented
himself
to
be
an
officer,
agent
or
persons
of
which
he
is
not
a
member
private
person
had
falsified
any
of
said
representative
of
any
department
or
agency
of
3. Said
insignia,
uniform
or
dress
is
used
Publicly
certificates
the
government;
or
and
improperly
2. The
offender
knew
that
the
certificate
was
false
2. Performed
an
act
pertaining
to
a
person
in
3. He
used
the
same
authority
or
public
officer
Art.
180:
False
Testimony
Against
a
Defendant
Elements
Art.
176:
Manufacturing
and
Possession
of
RA
10
1. There
be
a
Criminal
Proceeding
Instruments
or
Implements
for
Falsification
The
act
performed,
without
the
offender
being
2. The
offender
Testifies
Falsely
Under
Oath
Acts
Punished
lawfully
entitled
to
do
so,
must
pertain
to:
against
the
defendant
therein
1. Making
or
introducing
into
the
Philippines
any
1. The
government
3. The
offender
who
gives
false
testimony
Knows
stamps,
dies
,
marks
or
other
instruments
or
2. Any
person
in
authority
that
it
is
false
implements
for
counterfeiting
or
falsification
3. Any
public
officer
4. The
defendant
against
whom
the
false
2. Possessing
with
intent
to
use
the
instruments
• Applies
only
to
members
of
seditious
testimony
is
given
is
either
Acquitted
or
or
implements
for
counterfeiting
or
falsification
organizations
engaged
in
subversive
activities
Convicted
in
a
Final
Judgment
made
in
or
introduced
into
the
Philippines
by
12
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
181:
False
Testimony
Favorable
to
the
Art.
184:
Offering
False
Testimony
in
Evidence
Art.
186:
Monopolies
and
combinations
in
restraint
Defendant
Elements
of
trade
• False
testimony
favorable
to
the
defendant
is
1. The
offender
offered
in
evidence
a
False
IMPLIEDLY
REPEALED
BY
PHILIPPINE
COMPETITION
equally
repugnant
to
the
orderly
administration
Witness
or
False
Testimony
ACT
of
justice
2. He
Knew
the
witness
or
the
testimony
was
false
3. The
offer
was
made
in
a
Judicial
or
Official
Art.
187:
Importation
and
disposition
of
falsely
Art.
182:
False
Testimony
in
Civil
Cases
Proceeding
marked
articles
or
merchandise
made
of
gold,
Elements
Chapter
3:
Frauds
silver,
or
other
precious
metals
or
their
alloys
1. The
testimony
must
be
given
in
a
Civil
case
IP
CODE
2. The
testimony
must
Relate
to
the
Issues
Art.
185:
Machinations
in
Public
Auction
presented
in
said
case
Acts
punishable
Art.
188:
Substituting
and
altering
trade
marks
and
3. The
testimony
must
be
False
1. Soliciting
any
gift
or
promise
as
a
consideration
trade
names
or
service
marks*
4. The
false
testimony
must
be
given
by
the
for
refraining
from
taking
part
in
any
public
IP
CODE
defendant
Knowing
the
same
to
be
false
auction
5. The
testimony
must
be
Malicious
and
given
2. Attempting
to
cause
bidders
to
stay
away
from
Art.
189:
Unfair
competition
and
fraudulent
with
an
Intent
to
affect
the
issues
presented
in
an
auction
by
threats,
gifts,
promises
or
any
registration
of
trade
mark
or
trade
name,
or
service
said
case
other
artifice
mark;
fraudulent
designation
of
origin,
and
false
description*
Art.
183:
False
testimony
in
other
cases
and
perjury
Elements
(Soliciting
Gift
or
Promise)
IP
CODE
in
solemn
affirmation
1. There
be
a
Public
Auction
Acts
Punished
2. The
accused
Solicited
any
gift
or
a
promise
from
TITLE
5:
CRIMES
RELATIVE
TO
OPIUM
AND
OTHER
1. Falsely
Testifying
Under
Oath
(*not
in
a
judicial
any
of
the
bidders
PROHIBITED
DRUGS
proceeding)
3. Such
gift
or
promise
was
the
consideration
For
2. Making
a
False
Affidavit
his
Refraining
from
taking
part
in
that
public
The
Comprehensive
Dangerous
Drugs
Act
of
2002
auction
Arts.
190
–
193
were
repealed
by
the
Dangerous
Elements
4. The
accused
had
the
Intent
to
cause
the
Drugs
Act
of
1972
(RA
6425)
which
took
effect
on
1. The
accused
made
a
Statement
Under
Oath
or
reduction
of
the
price
of
the
thing
auctioned
March
30,
1972,
as
amended
by
PD
1683
and
executed
an
affidavit
upon
a
material
matter
further
amended
by
RA
7659
2. The
statement
or
affidavit
was
made
before
a
Elements
(Attempting
to
Cause
Bidders
to
Stay
competent
officer
authorized
to
receive
and
Away)
administer
oath
1. There
be
Public
Auction
3. In
that
statement
or
affidavit,
the
accused
2. The
accused
Attempted
to
cause
the
bidders
to
made
a
willful
and
deliberate
assertion
of
a
stay
away
from
that
public
auction
falsehood
3. It
was
done
by
Threats,
Gifts,
Promises
or
any
4. The
sworn
statement
or
affidavit
containing
the
Other
artifice
falsity
is
required
by
law
4. The
accused
had
Intent
to
cause
the
reduction
of
the
price
of
the
thing
auctioned
13
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
TITLE
6:
CRIMES
AGAINST
PUBLIC
MORALS
Art.
196:
Importation,
sale
and
possession
of
Chapter
2:
Offenses
Against
Decency
and
Good
lottery
tickets
or
advertisements
Customs
Chapter
1:
Gambling
and
Betting
Acts
punished
relative
to
lottery
tickets
or
advertisements
Art.
200:
Grave
Scandal
Prescribing
Stiffer
Penalties
on
Illegal
Gambling
(PD
1. Importing
into
the
Philippines
from
any
foreign
Elements
1602)
place
or
port
any
lottery
ticket
or
1. The
offender
performs
an
Act(s)
The
provisions
of
Arts.
195-‐199
of
the
RPC,
as
advertisement
2. Such
act(s)
be
Highly
Scandalous
as
Offending
amended,
as
well
as
those
PD
Nos.
483
(betting,
2. Selling
or
distributing
the
name
in
connivance
against
Decency
or
good
customs
game-‐fixing,
or
point-‐shaving
and
machinations
in
with
the
importer
3. The
highly
scandalous
conduct
is
Not
Expressly
sport
contests)
and
449
(Cockfighting
Law),
which
3. Possessing,
knowingly
and
with
intent
to
use,
falling
Within
any
other
article
of
this
Code
are
inconsistent
with
PD
1602,
are
repealed.
lottery
tickets
or
advertisements.
4. The
act(s)
complained
of
be
committed
in
a
4. Selling
or
distributing
the
same
without
Public
Place
or
within
the
Public
Knowledge
or
Elements
of
lottery
connivance
with
the
importer
View
1. Consideration
2. Chance;
Art.
197:
Betting
in
sports
contents
(repealed
by
PD
Art.
201:
Immoral
doctrines,
obscene
publications
3. Prize
or
some
advantage
or
inequality
in
483)
and
exhibitions
and
indecent
shows
amount
or
value
which
is
in
the
of
nature
of
a
Notes:
prize
Betting,
game-‐fixing
or
point-‐shaving
and
• Publicity
is
essential
machinations
in
sports
contests
(PD
483)
• Test
of
obscenity
Elements
of
knowingly
permitting
gambling
to
be
1. W/N
the
tendency
of
the
matter
charged
carried
on
in
a
place
owned
or
controlled
by
the
Art.
198:
Illegal
betting
on
horse
races
as
obscene,
is
to
deprave
or
corrupt
those
offender
Acts
punishable
whose
minds
are
open
to
such
immoral
1. A
gambling
game
was
carried
on
in
an
inhabited
1. Betting
on
horse
races
during
the
periods
not
influences,
and
into
whose
hands
such
a
or
uninhabited
place
or
in
any
building,
vessel
allowed
by
law
publication
may
fall;
and
or
other
means
of
transportation
2. Maintaining
or
employing
a
totalizer
or
other
2. W/N
such
publication
or
act
shocks
the
2. The
place,
building,
vessel
or
other
means
of
device
or
scheme
for
betting
on
races
or
ordinary
and
common
sense
of
men
as
an
transportation
is
owned
or
controlled
by
the
realizing
profit
therefrom,
during
the
periods
indecency
offender
not
allowed
by
law
Art.
202:
Vagrants
and
Prostitutes
3. The
offender
permitted
the
carrying
on
of
such
*Repealed
(only
Prostitution
is
prohibited
now)
game,
knowing
that
it
is
a
gambling
game
Art.
199:
Illegal
cockfighting
(repealed?)
Prostitutes
–
a
woman
is
a
prostitute
when
1. She
habitually
indulges
in
Art.
195:
What
acts
are
punishable
in
gambling
Cockfighting
law
of
1974
(PD
449)
a. sexual
intercourse
• Permitting
gambling
of
any
kind
in
cockpit
is
b. lascivious
conduct
punished
under
the
same
Decree
2. For
money
or
profit
• Spectators
in
a
cockfight
are
not
liable;
Must
participate
in
the
cockfight
as
bettor
to
be
liable
14
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
TITLE
7:
CRIMES
COMMITTED
BY
PUBLIC
OFFICERS
4. It
is
due
to
his
Inexcusable
Negligence
or
he
does
Not
cause
the
prosecution
of
the
Ignorance
criminal
or
knowing
that
a
crime
is
about
to
be
Chapter
1:
Preliminary
Provisions
committed,
he
tolerates
its
commission
Art.
206:
Unjust
Interlocutory
Order
3. The
offender
acts
with
Malice
and
deliberate
Art.
203:
Who
are
Public
Officers
Elements
intent
to
favor
the
violator
of
the
law
Requisites
1. The
offender
is
a
Judge
1. To
be
a
public
officer,
one
must
be
2. He
performs
any
of
the
following
acts:
Who
can
be
offenders
a. Taking
part
in
the
performance
of
Public
a. Knowingly
renders
unjust
interlocutory
1. Public
officer
–
extends
to
officers
of
the
Functions
in
the
Government,
or
order
or
decree;
or
prosecution
department,
whose
duty
is
to
b. Performing
in
said
Government
or
in
any
of
b. Renders
a
manifestly
unjust
interlocutory
institute
criminal
proceedings
for
felonies
upon
its
branches
public
duties
as
an
employee,
order
or
decree
through
inexcusable
being
informed
of
their
perpetration
agent
or
subordinate
official,
of
any
rank
or
negligence
or
ignorance.
2. Officer
of
the
law
–
includes
all
those
who,
by
class
reason
of
the
position
held
by
them,
are
duty-‐
2. His
authority
to
take
part
in
the
performance
of
Art.
207:
Malicious
Delay
in
the
Administration
of
bound
to
cause
the
prosecution
and
public
functions
or
to
perform
public
duties
Justice
punishment
of
the
offenders
must
be
by
Elements
a. Direct
provision
of
the
Law,
1. The
offender
is
a
Judge
Art.
209:
Betrayal
of
Trust
by
an
Attorney
or
b. Popular
Election,
or
2. There
is
a
Proceeding
in
his
court
Solicitor
–
Revelation
of
Secrets
c. Appointment
by
competent
authority
3. He
Delays
the
administration
of
justice
Acts
Punished
(Betrayal
of
Trust
by
Attorney)
4. The
delay
is
Malicious,
that
is,
the
delay
is
1. Causing
Damage
to
his
client,
either
by:
Chapter
2:
Malfeasance
and
Misfeasance
in
Office
caused
by
the
judge
with
deliberate
intent
to
a. Any
Malicious
Breach
of
professional
duty,
inflict
damage
on
either
party
in
the
case
b. Inexcusable
Negligence
or
Ignorance
Art.
204:
Knowingly
Rendering
Unjust
Judgment
• When
the
attorney
acts
with
malicious
Art.
208:
Prosecution
of
offenses;
Negligence
and
abuse
of
his
employment
or
inexcusable
Elements
Tolerance
negligence
or
ignorance,
there
must
be
1. The
offender
is
a
Judge
Acts
punishable
damage
to
his
client
2. He
renders
a
judgment
in
a
case
Submitted
to
1. Maliciously
Refraining
from
instituting
2. Revealing
any
of
the
secrets
of
his
client
him
for
decision
prosecution
against
violators
of
the
law
learned
by
him
in
his
Professional
Capacity
3. The
judgment
is
Unjust
2. Maliciously
Tolerating
the
commission
of
• Damage
is
not
necessary
4. The
judge
Knows
that
his
judgment
is
unjust
offenses
3. Undertaking
the
Defense
of
the
opposing
party
in
the
same
case,
without
the
consent
of
his
Art.
205:
Judgment
rendered
through
Negligence
Elements
(Dereliction
of
duty
in
the
Prosecution
of
first
client,
after
having
undertaken
the
defense
Elements
offenses)
of
said
first
client
or
after
having
received
1. The
offender
is
a
Judge
1. The
offender
is
a
Public
Officer
or
officer
of
the
confidential
information
from
said
client
2. He
renders
a
Judgment
in
a
case
submitted
to
law
who
has
a
duty
to
cause
the
prosecution
of,
• If
the
client
consents
to
the
attorney's
him
for
decision
or
to
prosecute,
offenses
taking
the
defense
of
the
other
party,
3. The
judgment
is
Manifestly
Unjust
2. There
is
dereliction
of
the
duties
of
his
office;
there
is
no
crime
that
is,
Knowing
the
commission
of
the
crime,
15
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
210:
Direct
Bribery
Art.
211:
Indirect
Bribery
with
any
person
with
regard
to
Furnishing
Acts
Punishable
Elements
Supplies,
the
Making
of
Contracts,
or
the
A
public
officer
commits
direct
bribery
by
• The
offender
is
a
Public
Officer
Adjustment
or
Settlement
of
Accounts
relating
1. Agreeing
to
perform,
or
by
performing,
in
• He
Accepts
gifts
to
public
property
or
funds.
consideration
of
any
offer,
promise,
gift
or
• The
said
gifts
are
offered
to
him
by
reason
of
2. Demanding,
directly
or
indirectly,
the
payment
present
—
an
act
constituting
a
Crime,
in
his
Office
of
sums
Different
from
or
larger
than
those
connection
with
the
Performance
of
his
official
authorized
by
law,
in
the
collection
of
taxes,
duties
Art.
211-‐A:
Qualified
Bribery
licenses,
fees,
and
other
imposts
2. Accepting
a
gift
in
consideration
of
the
Elements
3. Failing
voluntarily
to
Issue
a
Receipt,
as
execution
of
an
act
which
does
Not
constitute
a
1. The
offender
is
a
Public
Officer
entrusted
with
provided
by
law,
for
any
sum
of
money
Crime,
in
connection
with
the
Performance
of
Law
Enforcement
collected
by
him
officially,
in
the
collection
of
his
official
duty
2. The
offender
Refrains
from
Arresting
or
taxes,
licenses,
fees,
and
other
imposts
3. Agreeing
to
Refrain,
or
by
refraining,
from
doing
Prosecuting
an
offender
who
has
committed
a
4. Collecting
or
Receiving,
directly
or
indirectly,
by
something
which
it
is
his
official
duty
to
do,
in
crime
punishable
by
reclusion
perpetua
and/or
way
of
payment
or
otherwise,
things
or
objects
consideration
of
gift
or
promise
death
of
a
Nature
Different
from
that
provided
by
law,
3. The
offender
refrains
from
arresting
or
in
the
collection
of
taxes,
licenses,
fees,
and
Elements
prosecuting
the
offender
in
Consideration
of
other
imposts
1. The
offender
be
a
Public
Officer
within
the
any
Promise,
Gift
or
Present
scope
of
Art.
203
Elements
(Frauds
Against
Public
Treasury)
(par.
1)
2. The
offender
Accepts
an
offer
or
a
promise
or
Art.
212:
Corruption
of
Public
Officials
1. The
offender
be
a
Public
Officer
Receives
a
gift
or
present
by
himself
or
through
Elements
2. He
should
have
Taken
Advantage
of
his
office,
another
1. The
offender
makes
Offers
or
Promises
or
Gives
that
is,
he
intervened
in
the
transaction
in
his
3. Such
offer
or
promise
be
accepted,
or
gift
or
gifts
or
presents
to
a
public
officer
official
capacity
present
received
by
the
public
officer
2. The
offers
or
promises
are
made
or
the
gifts
or
3. He
entered
into
an
agreement
with
any
a. With
a
view
to
Committing
some
crime,
presents
given
to
a
public
officer,
under
interested
party
or
speculator
or
made
use
of
b. In
consideration
of
the
execution
of
an
act
Circumstances
that
will
Make
the
public
officer
any
other
scheme
with
regard
to
(1)
Furnishing
which
does
Not
constitute
a
Crime,
but
the
liable
for
Direct
Bribery
or
Indirect
Bribery
Supplies,
(2)
the
Making
of
Contracts,
or
(3)
the
act
must
be
unjust,
or
Adjustment
or
Settlement
of
Accounts
relating
c. To
Refrain
from
doing
something
which
it
Chapter
3:
Frauds
and
Illegal
Exactions
and
to
public
property
or
funds
is
his
official
duty
to
do
Transactions
4. The
accused
had
Intent
to
Defraud
the
4. That
the
act
which
the
offender
Agrees
to
Government
perform
or
which
he
executes
be
connected
Art.
213:
Frauds
against
the
Public
Treasury
and
with
the
performance
o
f
his
official
duties
Similar
Offenses
Acts
Punishable
1. Entering
into
an
Agreement
with
any
Interested
party
or
Speculator
or
making
use
of
any
other
scheme,
to
defraud
the
Government,
in
dealing
16
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Elements
(Illegal
Exactions)
Art.
216:
Possession
of
Prohibited
Interest
by
a
Art.
218:
Failure
of
Accountable
Officer
to
Render
1. The
offender
is
a
Public
Officer
Entrusted
with
Public
Officer
Accounts
the
collection
of
taxes,
licenses,
fees
and
other
Who
are
Liable
Elements
imposts.
1. Public
officer
who,
directly
or
indirectly,
1. The
offender
is
a
Public
Officer,
whether
in
the
2. He
is
guilty
of
any
of
the
following
acts
or
became
interested
in
any
contract
or
business
service
or
separated
therefrom
omissions:
in
which
it
was
his
official
duty
to
intervene
2. He
must
be
an
Accountable
Officer
for
public
a. Demanding,
directly
or
indirectly,
the
2. Experts,
Arbitrators,
and
Private
Accountants
funds
or
property
payment
of
sums
Different
from
or
larger
who,
in
like
manner,
took
part
in
any
contract
3. He
is
required
by
law
or
regulation
to
Render
than
those
authorized
by
law
or
transaction
connected
with
the
estate
or
Accounts
to
the
Commission
on
Audit,
or
to
a
b. Failing
voluntarily
to
Issue
a
Receipt,
as
property
in
the
appraisal,
distribution
or
provincial
auditor
provided
by
law,
for
any
sum
of
money
adjudication
of
which
they
had
acted
4. He
Fails
to
do
so
for
a
period
of
two
months
collected
by
him
officially,
or
3. Guardians
and
Executors
with
respect
to
the
after
such
accounts
should
be
rendered
c. Collecting
or
receiving,
directly
or
property
belonging
to
their
wards
or
the
estate
indirectly,
by
way
of
payment
or
otherwise,
Art.
219:
Failure
of
a
Responsible
Public
Officer
to
things
or
objects
of
a
nature
Different
from
Chapter
4:
Malversation
of
Public
Funds
or
Render
Accounts
Before
Leaving
the
Country
that
provided
by
law
Property
Elements
1. The
offender
is
a
Public
Officer
Art.
214:
Other
Frauds
Art.
217:
Malversation
of
Public
Funds
or
Property
2. He
must
be
an
Accountable
Officer
for
public
Elements
–
Presumption
of
Malversation
funds
or
property
1. The
offender
is
a
Public
Officer
Acts
Punished
3. He
must
have
Unlawfully
Left
(or
be
on
the
2. He
takes
Advantage
of
his
official
position
1. Appropriating
Public
Funds
or
Property
point
of
leaving)
the
Philippines
without
3. He
commits
any
of
the
Frauds
or
Deceits
2. Taking
or
Misappropriation
the
same
securing
from
the
Commission
on
Audit
a
enumerated
in
Arts.
315
to
318
(Estafa,
Other
3. Consenting
or
Permitting,
through
certificate
showing
that
his
accounts
have
been
Forms
of
Swindling,
Swindling
a
Minor,
Other
abandonment
or
negligence,
any
other
person
finally
settled
Deceits)
to
take
such
public
funds
or
property
4. Being
Otherwise
Guilty
of
the
misappropriation
Art.
220:
Illegal
Use
of
Public
Funds
or
Property
Art.
215:
Prohibited
Transactions
or
malversation
of
such
funds
or
property
(Technical
Malversation)
Elements
Elements
1. The
offender
is
an
Appointive
Public
Officer
Elements
(Common
to
All)
1. The
offender
is
a
Public
Officer
2. He
becomes
Interested,
directly
or
indirectly,
in
1. The
offender
be
a
Public
Officer
2. There
is
Public
Fund
or
Property
under
his
any
Transaction
of
exchange
or
speculation
2. He
had
the
Custody
or
Control
of
funds
or
Administration
3. The
transaction
takes
place
Within
the
Territory
property
by
reason
of
the
duties
of
his
office
3. Such
public
fund
or
property
has
been
subject
to
his
jurisdiction
3. Those
funds
or
property
were
Public
Funds
or
Appropriated
by
Law
or
Ordinance
4. He
becomes
interested
in
the
transaction
property
for
which
he
was
accountable
4. He
Applies
the
same
to
a
public
use
Other
than
During
his
Incumbency
4. He
Appropriated,
Took,
Misappropriated
or
that
for
which
such
fund
or
property
has
been
Consented
or,
through
Abandonment
or
appropriated
by
law
or
ordinance
Negligence,
permitted
another
person
to
take
them
17
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
221:
Failure
to
Make
Delivery
of
Public
Funds
Chapter
5:
Infidelity
of
Public
Officers
Section
Two:
Infidelity
in
the
Custody
of
or
Property
Documents
Acts
Punishable
Art.
223:
Conniving
with
or
Consenting
to
Evasion
1. Failing
to
Make
Payment
by
a
public
officer
who
Elements
Art.
226:
Removal,
Concealment
or
Destruction
of
is
under
obligation
to
make
such
payment
from
1. The
offender
is
a
Public
Officer
Documents
Government
funds
in
his
possession
2. He
had
in
his
Custody
or
charge,
a
Prisoner,
Elements
2. Refusing
to
Make
Delivery
by
a
public
officer
either
Detention
prisoner
or
prisoner
by
Final
1. The
offender
be
a
Public
Officer
who
has
been
ordered
by
Competent
Authority
judgment
2. He
Abstracts,
Destroys
or
Conceals
documents
to
deliver
any
property
in
his
custody
or
under
3. Such
prisoner
Escaped
from
his
custody
or
papers
his
administration
4. He
was
in
Connivance
with
the
prisoner
in
the
3. The
said
documents
or
papers
should
have
Elements
(Failure
to
Make
Payment)
(1st
act)
latter’s
escape
been
Entrusted
to
such
public
officer
by
reason
1. The
Public
Officer
has
Government
funds
in
his
of
his
office
Possession
Classes
of
prisoners
involved
4. Damage,
whether
serious
or
not,
to
a
third
2. He
is
under
Obligation
to
make
payment
from
1. Fugitive
been
sentenced
by
Final
judgment
to
party
or
to
the
public
interest
should
have
been
such
funds
any
penalty
caused
3. He
Fails
to
Make
the
Payment
Maliciously
2. Fugitive
held
only
as
Detention
prisoner
for
any
crime
or
violation
of
law
or
municipal
ordinance
Art.
227:
Officer
Breaking
Seal
Refusal
(2nd
act)
Elements
• Refusal
to
Make
Delivery
of
property
must
also
Art.
224:
Evasion
through
Negligence
1. The
offender
is
a
Public
Officer
be
Malicious
Elements
2. He
is
charged
with
the
Custody
of
papers
or
1. The
offender
is
a
Public
Officer
property
Art.
222:
Officers
included
in
the
preceding
2. He
is
charged
with
the
Conveyance
or
Custody
3. These
papers
or
property
are
Sealed
by
proper
provisions
of
a
Prisoner,
either
Detention
prisoner
or
authority
Private
Individuals
Who
May
Be
Liable
under
Art.
prisoner
by
Final
judgment
4. He
Breaks
the
seals
or
Permits
them
to
be
217-‐221
3. Such
prisoner
Escapes
through
his
Negligence
broken
1.
Private
individuals
who,
in
any
capacity
whatever,
have
charge
of
any
national,
provincial
or
municipal
Art.
225:
Escape
of
Prisoner
Under
the
Custody
of
a
Art.
228:
Opening
of
Closed
Documents
funds,
revenue,
or
property
Person
Not
a
Public
Officer
Elements
2.
Administrator
or
Depositary
of
funds
or
property
Elements
1. The
offender
is
a
Public
Officer
Attached,
Seized,
or
Deposited
by
Public
Authority,
1. The
offender
is
a
Private
Person
2. Any
Closed
papers,
documents,
or
objects
are
even
if
such
property
belongs
to
a
private
individual
2. The
Conveyance
or
custody
of
a
prisoner
or
entrusted
to
his
custody
person
under
arrest
is
Confided
to
him
3. He
Opens
or
Permits
to
be
opened
said
closed
3. The
prisoner
or
person
under
arrest
Escapes
papers,
documents
or
objects
4. The
offender
Consents
to
the
escape
of
the
4. He
does
Not
have
proper
authority
prisoner
or
person
under
arrest,
or
that
the
escape
takes
place
through
his
Negligence
18
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Section
Three:
Revelation
of
Secrets
Chapter
6:
Other
Offenses
or
Irregularities
by
Art.
234:
Refusal
to
Discharge
Elective
Office
Public
Officers
Elements
Art.
229:
Revelation
of
Secrets
by
an
Officer
1. The
offender
is
Elected
by
popular
election
to
a
Acts
punishable
Art.
231:
Open
Disobedience
public
office
1. Revealing
any
Secrets
Known
to
the
offending
Elements
2. He
Refuses
to
be
Sworn
in
or
to
discharge
the
public
officer
by
reason
of
his
Official
Capacity
1. The
offender
is
a
Judicial
or
Executive
Officer
duties
of
said
office
2. Delivering
Wrongfully
papers
or
copies
of
2. There
is
a
judgment,
Decision
or
order
of
a
3. There
is
No
Legal
Motive
for
such
refusal
to
be
papers
of
which
he
may
have
charge
and
which
superior
authority
sworn
in
or
to
discharge
the
duties
of
said
office
should
not
be
published
3. Such
judgment,
decision
or
order
was
made
Within
the
Scope
of
the
jurisdiction
of
the
Art.
235:
Maltreatment
of
Prisoners
Elements
of
1st
act
superior
authority
and
issued
with
all
the
legal
Elements
1. The
offender
is
a
Public
Officer
formalities
1. The
offender
is
a
Public
Officer
or
Employee
2. He
knows
of
a
Secret
by
reason
of
his
Official
4. The
offender
Without
any
Legal
Justification
2. He
has
under
his
charge
a
Prisoner
or
Detention
Capacity
Openly
Refuses
to
execute
the
said
judgment,
prisoner
3. He
Reveals
such
secret
Without
Authority
or
decision
or
order,
which
he
is
duty
bound
to
3. He
Maltreats
such
prisoner
in
either
of
the
Justifiable
Reason
obey
following
manners:
4. Damage,
great
or
small,
be
caused
to
the
public
a. Overdoing
himself
in
the
correction
or
interest
Art.
232:
Disobedience
to
Order
of
Superior
Officer,
handling
of
a
prisoner
or
detention
When
said
order
was
Suspended
by
Inferior
Officer
prisoner
under
his
charge
either
by
Elements
of
2nd
act
Elements
i. The
imposition
of
punishments
Not
1. The
offender
is
a
Public
Officer
1. The
offender
is
a
Public
Officer
Authorized
by
the
regulations
2. He
has
Charge
of
papers
2. An
Order
is
issued
by
his
Superior
for
execution
ii. Inflicting
such
punishments
(those
3. Those
papers
should
Not
be
Published
3. He
has
for
any
reason
Suspended
the
execution
authorized)
in
a
Cruel
and
Humiliating
4. He
Delivers
those
papers
or
copies
thereof
to
a
of
such
order
manner
Third
Person
4. His
Superior
Disapproves
the
suspension
of
the
b. Maltreating
such
prisoner
to
extort
a
5. The
delivery
is
Wrongful
execution
of
the
order
confession
or
to
obtain
some
information
6. Damage
be
caused
to
public
interest
5. The
offender
Disobeys
his
Superior
despite
the
from
the
prisoner
disapproval
of
the
suspension
Art.
230:
Public
Officer
Revealing
Secrets
of
Private
Individual
Art.
233:
Refusal
of
assistance
Elements
Elements
1. The
offender
is
a
Public
Officer
1. The
offender
is
a
Public
Officer
2. He
knows
of
the
Secrets
of
a
Private
Individual
2. A
competent
authority
Demands
from
the
by
Reason
of
his
office
offender
that
he
lend
his
cooperation
towards
3. He
Reveals
such
secrets
without
authority
or
the
administration
of
justice
or
other
public
justifiable
reason
service
3. The
offender
Fails
to
do
so
Maliciously
19
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
236:
Anticipation
of
Duties
of
a
Public
Office
Art.
239:
Usurpation
of
Legislative
Powers
5. He
Continues
the
proceeding
Elements
Elements
1. The
offender
is
Entitled
to
Hold
a
public
office
1. The
offender
is
an
Executive
or
Judicial
Officer
Art.
243:
Orders
or
Requests
by
Executive
officers
or
employment,
either
by
election
or
2. He:
to
any
judicial
authority
appointment
a. Makes
general
rules
or
regulations
Beyond
Elements
2. The
law
Requires
that
he
should
first
be
Sworn
the
Scope
of
his
authority,
1. The
offender
is
an
Executive
Officer
in
and/or
should
first
give
a
Bond
b. Attempts
to
Repeal
a
Law,
or
2. He
Addresses
any
order
or
suggestion
to
any
3. He
Assumes
the
performance
of
the
duties
and
c. Suspends
the
Execution
thereof
judicial
authority
powers
of
such
office
3. The
order
or
suggestion
relates
to
any
case
or
4. He
has
Not
Taken
his
Oath
of
office
and/or
Art.
240:
Usurpation
of
Executive
Functions
business
coming
within
the
Exclusive
given
the
bond
required
by
law
Elements
Jurisdiction
of
the
courts
of
justice
1. The
offender
is
a
Judge
Art.
237:
Prolonging
Performance
of
Duties
and
2. He:
Art.
244:
Unlawful
Appointments
Powers
a. Assumes
a
power
pertaining
to
the
Elements
Elements
Executive
authorities,
or
1. The
offender
is
a
Public
Officer
1. The
offender
is
holding
a
Public
Office
b. Obstructs
the
Executive
authorities
in
the
2. He
Nominates
or
Appoints
a
person
to
a
public
2. The
Period
provided
by
Law,
Regulations,
or
lawful
exercise
of
their
powers
office
Special
provisions
for
holding
such
office
has
3. Such
person
Lacks
the
Legal
Qualifications
already
expired
Art.
241:
Usurpation
of
Judicial
Functions
therefor
3. He
Continues
to
exercise
the
duties
and
powers
Elements
4. The
offender
Knows
that
his
nominee
or
of
such
office
1. The
offender
is
an
officer
of
the
Executive
appointee
lacks
the
qualifications
at
the
time
he
branch
of
the
Government
made
the
nomination
or
appointment
Art.
238:
Abandonment
of
Office
or
Position
2. He:
Elements
a. Assumes
Judicial
powers,
or
Art.
245:
Abuses
Against
Chastity
1. The
offender
is
a
Public
Officer
b. Obstructs
the
Execution
of
any
order
or
Acts
Punished
2. He
formally
Resigns
from
his
position
decision
rendered
by
any
judge
within
his
1. Soliciting
or
making
Immoral
or
Indecent
3. His
resignation
has
Not
yet
been
Accepted
jurisdiction
Advances
to
a
woman
interested
in
matters
4. He
Abandons
his
office
to
the
detriment
of
the
pending
before
the
offending
officer
for
public
service
Art.
242:
Disobeying
Request
for
Disqualification
decision,
or
with
respect
to
which
he
is
required
Elements
to
submit
a
report
to
or
consult
with
a
superior
Qualifying
Circumstance
1. The
offender
is
a
Public
Officer
officer
• If
the
abandonment
of
the
office
has
for
its
2. A
proceeding
is
Pending
before
such
public
2. Soliciting
or
making
immoral
or
indecent
purpose
to
evade
the
discharge
of
the
duties
of
officer.
advances
to
a
woman
under
the
offender’s
preventing,
prosecuting,
or
punishing
any
of
the
3. There
is
a
question
brought
before
the
proper
custody
crimes
falling
within
Title
One
and
Chapter
One
authority
regarding
his
jurisdiction,
which
is
Not
3. Soliciting
or
making
immoral
or
indecent
of
Title
Three
of
Book
Two,
the
penalty
is
higher
Yet
Decided
advances
to
the
wife,
daughter,
sister,
or
4. He
has
been
Lawfully
Required
to
Refrain
from
relative
within
the
same
degree
by
affinity
of
continuing
the
proceeding
20
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
any
person
in
the
custody
of
the
offending
Art.
247:
Death
or
Physical
Injuries
inflicted
under
Qualifying
Circumstances
warden
or
officer
Exceptional
Circumstances
1. With
treachery,
taking
advantage
of
superior
Elements
strength,
with
the
aid
of
armed
men,
or
Elements
1. A
legally
Married
Person
or
a
Parent
Surprises
employing
means
to
weaken
the
defense,
or
of
1. The
offender
is
a
Public
Officer
his
Spouse
or
his
Daughter,
the
latter
under
18
means
or
persons
to
insure
or
afford
impunity;
2. He
solicits
or
makes
Immoral
or
Indecent
years
of
age
and
living
with
him,
in
the
act
of
2. In
consideration
of
a
price,
reward
or
promise;
Advances
to
a
woman
committing
Sexual
Intercourse
with
another
3. By
means
of
inundation,
fire,
poison,
explosion,
3. Such
a
woman
must
be
person
shipwreck,
stranding
of
a
vessel,
derailment
or
a. Interested
in
matters
Pending
before
the
2. He
or
she
Kills
any
or
both
of
them
or
inflicts
assault
upon
a
railroad,
fall
of
an
airship,
by
offender
for
decision,
or
with
respect
to
upon
any
or
both
of
them
any
serious
physical
means
of
motor
vehicles,
or
with
the
use
of
any
which
he
is
required
to
submit
a
report
to
injury
in
the
act
or
immediately
after
other
means
involving
great
waste
and
ruin;
or
consult
with
a
superior
officer
3. He
has
Not
Promoted
or
Facilitated
the
4. On
occasion
of
any
of
the
calamities
b. Under
the
Custody
of
the
offender
who
is
a
prostitution
of
his
wife
or
daughter,
or
that
he
enumerated
in
the
preceding
paragraph,
or
of
warden
or
other
public
officer
directly
or
she
has
NOT
consented
to
the
infidelity
of
an
earthquake,
eruption
of
a
volcano,
charged
with
the
care
and
custody
of
the
other
spouse
destructive
cyclone,
epidemic,
or
any
other
prisoners
or
persons
under
arrest
public
calamity;
c. The
Wife,
Daughter,
Sister,
or
Relative
• Art.
247
does
not
define
and
penalize
a
felony;
5. With
evident
premeditation;
or
within
the
same
degree
by
Affinity
of
the
The
accused
shall
be
sentenced
to
destierro
6. With
cruelty,
by
deliberately
and
inhumanly
person
in
the
custody
of
the
offender
only,
instead
of
the
severe
penalty
for
parricide,
augmenting
the
suffering
of
the
victim,
or
homicide,
or
serious
physical
injuries
outraging
or
scoffing
at
his
person
or
corpse
TITLE
8:
CRIMES
AGAINST
PERSONS
Cases
where
a
person
who
committed
parricide
is
Art.
249:
Homicide
Chapter
1:
Destruction
of
Life
not
punished
with
reclusion
perpetua
to
death
Elements
1. When
parricide
is
committed
through
1. A
person
was
Killed
Art.
246:
Parricide
Negligence
(Art.
365)
2. The
accused
Killed
him
without
any
justifying
Elements
2. When
it
is
committed
by
Mistake
(Art.
249)
circumstance
1. A
person
is
Killed
3. When
it
is
committed
under
Exceptional
3. The
accused
had
the
Intention
to
kill,
which
is
2. The
deceased
is
killed
By
the
Accused
Circumstances
(Art.
247)
presumed
3. The
deceased
is
the
Father,
Mother,
or
Child,
4. The
killing
was
not
attended
by
any
of
the
whether
legitimate
or
illegitimate,
or
a
Art.
248:
Murder
qualifying
circumstances
of
murder,
or
by
that
legitimate
other
Ascendant
or
other
Elements
of
parricide
or
infanticide
Descendant,
or
the
legitimate
Spouse,
of
the
1. A
person
was
Killed
accused
2. The
Accused
killed
him
Art.
250:
Penalty
for
Frustrated
parricide,
murder,
3. The
killing
was
attended
by
any
of
the
or
homicide
Qualifying
Circumstances
mentioned
in
Art.
248
Notes:
4. The
killing
is
not
parricide
or
infanticide
• Courts
may
impose
a
penalty
2
degrees
lower
for
frustrated
parricide,
murder,
or
homicide;
This
is
permissive,
not
mandatory
21
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
• Courts
may
impose
a
penalty
3
degrees
lower
4. All
those
who
appear
to
have
used
violence
Elements
for
attempted
parricide,
murder,
or
homicide
upon
the
person
of
the
offended
party
are
1. There
is
a
Pregnant
woman
Known
2. Violence
is
exerted,
or
Drugs
or
Beverages
Art.
251:
Death
caused
in
a
Tumultuous
Affray
administered,
or
that
the
accused
otherwise
Elements
Art.
253:
Giving
Assistance
to
Suicide
acts
upon
such
pregnant
woman
1. There
be
Several
persons
Acts
Punishable
3. As
a
result
of
the
violence
or
drugs
or
beverages
2. They
did
not
compose
groups
organized
for
the
1. Assisting
another
to
commit
suicide,
whether
upon
her,
or
any
other
act
of
the
accused,
the
common
purpose
of
assaulting
and
attacking
the
suicide
is
consummated
or
not
Fetus
Dies,
either
in
the
womb
or
after
having
each
other
reciprocally
2. Lending
his
assistance
to
another
to
commit
been
expelled
therefrom
3. These
several
persons
quarreled
and
assaulted
suicide
to
the
extent
of
doing
the
killing
himself
4. Abortion
is
Intended
one
another
in
a
Confused
and
Tumultuous
Art.
254:
Discharge
of
Firearms
manner
Elements
Persons
liable
4. Someone
was
killed
in
the
course
of
the
affray
1. The
offender
Discharges
a
Firearm
against
or
at
1. Person
who
intentionally
caused
the
abortion
5. It
cannot
be
Ascertained
who
actually
killed
the
another
person
2. The
woman
is
liable
under
Art.
258
(abortion
deceased
2. The
offender
has
No
Intention
to
kill
that
practiced
by
the
woman
herself
or
by
her
6. The
person
or
persons
who
inflicted
Serious
person
parents),
if
she
consented
to
the
abortion
Physical
Injuries
or
who
used
Violence
can
be
caused
on
her
identified
Art.
255:
Infanticide
• If
she
did
not
consent,
she
is
not
liable
Elements
Who
are
liable
for
death
in
a
tumultuous
affray?
Art.
257:
Unintentional
Abortion
1. A
Child
was
Killed
1. The
person
or
persons
who
inflicted
the
serious
2. The
deceased
child
was
less
than
3
days
(72
Elements
physical
injuries
are
liable
hours)
of
age
1. There
is
a
Pregnant
woman
2. If
it
is
not
known
who
inflicted
the
serious
3. The
accused
Killed
the
said
child
2. Violence
is
used
upon
such
pregnant
woman
physical
injuries
on
the
deceased,
all
the
without
intending
an
abortion
persons
who
used
violence
upon
the
person
of
Art.
256:
Intentional
abortion
3. The
violence
is
intentionally
exerted
the
victim
are
liable,
but
with
lesser
liability
Acts
Punished
4. As
a
result
of
the
violence
the
fetus
dies,
either
1. Using
any
Violence
upon
the
person
of
the
in
the
womb
or
after
having
been
expelled
Art.
252:
Physical
Injuries
inflicted
in
a
Tumultuous
therefrom
pregnant
woman
Affray
2. Acting,
but
without
using
violence,
without
the
Elements
consent
of
the
woman
(by
administering
drugs
1. There
is
a
Tumultuous
Affray
as
referred
to
in
or
beverages
upon
such
pregnant
woman
the
preceding
article
without
her
consent)
2. A
participant
or
some
participants
thereof
3. Acting
(by
administering
drugs
or
beverages),
suffer
Serious
Physical
Injuries
or
Physical
with
the
consent
of
the
pregnant
woman
Injuries
of
a
Less
Serious
nature
only
3. The
person
responsible
therefor
cannot
be
identified
22
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
258:
Abortion
practiced
by
the
Woman
Herself
Who
are
liable?
Elements
(First
Kind)
or
by
Her
Parents
1. The
person
who
killed
or
inflicted
physical
1. There
be
castration,
that
is,
mutilation
of
Elements
injuries
upon
his
adversary,
or
both
combatants
organs
necessary
for
generation,
such
as
the
1. There
is
a
Pregnant
woman
who
has
suffered
an
in
any
other
case,
as
principals
penis
or
ovarium
abortion
2. The
seconds,
as
accomplices
2. The
mutilation
is
caused
purposely
and
2. The
abortion
is
intended
deliberately,
that
is,
to
deprive
the
offended
3. The
abortion
is
caused
by:
1. If
death
results,
penalty
is
the
same
for
party
of
some
essential
organ
for
reproduction
a. The
pregnant
Woman
herself,
homicide
b. Any
Other
person,
with
her
consent,
or
2. The
penalty
is
for
the
physical
injuries
inflicted
Art.
263:
Serious
Physical
Injuries
c. Any
of
Her
Parents
with
her
consent
for
only
even
when
the
agreement
is
to
fight
to
How
is
the
crime
of
serious
physical
injuries
the
purpose
of
concealing
her
dishonor
death
committed?
3. If
only
slight
physical
injuries
are
inflicted
in
a
1. Wounding,
Art.
259:
Abortion
practiced
by
a
Physician
or
duel,
the
penalty
must
be
arresto
menor
2. Beating,
Midwife
and
Dispensing
of
Abortives
3. Assaulting
(Art.
263),
or
Elements
Art.
261:
Challenging
to
a
Duel
4. Administering
Injurious
Substance
(Art.
264)
1. There
is
a
Pregnant
woman
who
has
suffered
an
Acts
Punished
abortion
1. Challenging
another
to
a
duel
What
are
serious
physical
injuries?
2. The
abortion
is
Intended
2. Inciting
another
to
give
or
accept
a
challenge
to
1. The
injured
person
becomes
Insane,
Imbecile,
3. The
offender,
who
must
be
a
Physician
or
a
duel
Impotent
or
Blind
in
consequence
of
the
Midwife,
causes,
or
assists
in
causing
the
3. Scoffing
at
or
decrying
another
publicly
for
physical
injuries
inflicted
abortion
having
refused
to
accept
a
challenge
to
fight
a
2. The
injured
person
4. Said
physician
or
midwife
Takes
Advantage
of
duel
a. Loses
the
use
of
Speech
or
the
power
to
his
or
her
scientific
knowledge
or
skill
hear
or
to
Smell,
or
loses
an
Eye,
a
Hand,
a
Persons
responsible
Foot,
an
Arm,
or
a
Leg,
As
to
the
pharmacists,
the
elements
are
1. Challengers
b. Loses
the
Use
of
any
such
member,
or
1. The
offender
is
a
pharmacist
2. Instigators
c. Becomes
Incapacitated
for
the
work
in
2. There
is
no
proper
prescription
from
a
physician
which
he
was
theretofore
habitually
3. The
offender
dispenses
any
abortive
Art.
262:
Mutilation
engaged,
in
consequence
of
the
Physical
Two
kinds
of
mutilation
Injuries
inflicted
Art.
260:
Responsibility
of
participants
in
a
duel
1. Intentionally
mutilating
another
by
depriving
3. The
person
injured
Acts
Punished
him,
either
totally
or
partially,
of
some
Essential
a. Becomes
Deformed
1. Killing
one's
adversary
in
a
duel
Organ
for
Reproduction
b. Loses
any
other
Member
of
his
body,
2. Inflicting
upon
such
adversary
Physical
Injuries
2. Intentionally
making
other
mutilation,
that
is,
c. Loses
the
Use
thereof,
or
3. Making
a
Combat
although
no
physical
injuries
by
Lopping
or
Clipping
off
Any
Part
of
the
d. Becomes
ill
or
incapacitated
for
the
have
been
inflicted
offended
party,
other
than
the
essential
organ
performance
of
the
work
in
which
he
was
for
reproduction,
to
deprive
him
of
the
part
of
habitually
engaged
for
more
than
90
days,
his
body
in
consequence
of
the
physical
injuries
inflicted
23
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
4. The
injured
becomes
ill
or
incapacitated
for
Qualified
less
serious
physical
injuries
3. Such
act
is
accomplished
under
any
of
the
labor
for
more
than
30
days
(but
must
not
be
1. Fine
not
exceeding
P500,
in
addition
to
arresto
following
circumstances:
more
than
90
days),
as
a
result
of
the
physical
mayor
when
a. By
using
Force
or
Intimidation,
injuries
inflicted
a. There
is
a
manifest
intent
to
insult
or
b. When
the
woman
is
deprived
of
reason
or
offend
the
injured
person,
or
otherwise
Unconscious,
Qualified
serious
physical
injuries
b. There
are
circumstances
adding
ignominy
c. By
means
of
Fraudulent
machination
or
• If
the
offense
is
committed
against
any
of
the
to
the
offense
Grave
Abuse
of
Authority,
or
persons
enumerated
in
the
article
defining
2. A
higher
penalty
is
imposed
when
the
victim
is
d. When
the
woman
is
under
12
years
of
age
the
crime
of
parricide
(Art.
264),
or
with
either
(statutory
rape)
or
Demented
attendance
of
any
of
the
circumstances
a. The
offender's
parents,
ascendants,
mentioned
in
the
article
defining
the
crime
of
guardians,
curators
or
teachers,
or
Elements
of
Rape
through
Sexual
Assault
(par.
2)
murder
(Art.
268),
the
law
provides
higher
b. Persons
of
rank
or
persons
in
authority,
1. The
offender
commits
an
act
of
Sexual
Assault
penalties
provided
the
crime
is
not
direct
assault
2. The
act
of
sexual
assault
is
committed
by
any
of
• Serious
physical
injuries
by
excessive
the
following
means:
chastisement
by
parents
are
not
qualified
Art.
266:
Slight
physical
injuries
a. By
inserting
his
Penis
into
another
Three
kinds
of
slight
physical
injuries
person’s
Mouth
or
Anal
orifice,
or
Art.
264:
Administering
Injurious
Substance
or
1. Physical
injuries
which
incapacitated
the
b. By
inserting
any
Instrument
or
Object
Beverages
offended
party
for
labor
from
1
to
9
days,
or
into
the
Genital
or
Anal
orifice
of
Elements
requiring
medical
attendance
during
the
same
another
person
1. The
offender
inflicted
upon
another
any
Serious
period
3. The
act
of
sexual
assault
is
accomplished
under
Physical
Injury
2. Physical
injuries
which
did
not
prevent
the
any
of
the
following
circumstances:
2. It
was
done
by
Knowingly
administering
to
him
offended
party
from
engaging
in
his
habitual
a. By
using
Force
or
Intimidation,
any
injurious
substances
or
beverages
or
by
work
or
which
did
not
require
medical
b. When
the
woman
is
deprived
of
taking
advantage
of
his
weakness
of
mind
or
attendance
reason
or
otherwise
Unconscious,
credulity
3. Ill-‐treatment
of
another
by
deed
without
c. By
mean
of
Fraudulent
machination
or
3. He
had
no
Intent
to
kill
causing
any
injury
or
access
to
the
woman's
Grave
Abuse
of
Authority,
or
child/children
d. When
the
woman
is
under
12
years
of
Art.
265:
Less
Serious
Physical
Injuries
age
(statutory
rape)
or
Demented
Matters
to
be
noted
in
the
crime
of
less
serious
Chapter
3:
Rape
injuries
• Under
RA
8538,
the
crime
of
rape
can
now
be
1. The
offended
party
is
incapacitated
for
labor
for
Art.
266-‐A:
Rape,
when
and
how
committed
committed
by
a
male
or
a
female
10
days
or
more
(but
not
more
than
30
days),
or
needs
medical
attendance
for
the
same
period
Art.
266-‐B:
Penalties
Statutory
rape:
when
the
girl
is
under
12
years
of
of
time
age
Elements
of
Rape
by
Sexual
Intercourse
(par.
1)
2. The
physical
injuries
must
not
be
those
• When
the
offended
party
is
less
than
12
years
1. The
offender
is
a
Man
described
in
the
preceding
articles
of
age,
rape
is
committed
although
she
2. The
offender
had
Carnal
Knowledge
of
a
consented
to
the
sexual
act
woman
• Prosecution
carries
the
burden
of
proving:
24
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
1. Age
of
the
complainant,
9. When
by
reason
or
on
the
occasion
of
the
rape,
be
extinguished
or
the
penalty
shall
not
be
2. Identity
of
the
accused,
and
the
victim
has
suffered
permanent
physical
abated
if
the
marriage
is
void
ab
initio
3. Sexual
intercourse
between
the
accused
mutilation
or
disability
and
the
complainant
10. When
the
offender
knew
of
the
pregnancy
of
Art.
266-‐D:
Presumptions
the
offended
party
at
the
time
of
the
Evidence
which
may
be
accepted
in
the
prosecution
Penalty
of
death
(now
reclusion
perpetua
without
commission
of
the
crime
of
rape
eligibility
for
parole)
shall
be
imposed
for
rape
in
11. When
the
offender
knew
of
the
mental
1. Any
physical
overt
act
manifesting
resistance
the
following
cases
disability,
emotional
disorder
and/or
physical
against
the
act
of
rape
in
any
degree
from
the
1. When
by
reason
or
on
occasion
of
the
rape,
a
handicap
of
the
offended
party
at
the
time
of
offended
party;
or
homicide
is
committed
the
commission
of
the
crime
2. Where
the
offended
party
is
so
situated
as
to
2. When
the
victim
is
under
18
years
of
age
and
render
him/her
incapable
of
giving
consent
the
offender
is
a
parent,
ascendant,
stepparent,
Laws
under
which
rape
should
be
prosecuted
guardian,
relative
by
consanguinity
or
affinity
• If
the
victim
of
sexual
abuse
is
below
12
years
TITLE
9:
CRIMES
AGAINST
PERSONAL
LIBERTY
AND
within
the
3rd
civil
degree,
or
the
common-‐law
of
age,
the
offender
should
not
be
prosecuted
SECURITY
spouse
of
the
parent
of
the
victim
for
sexual
abuse
but
for
statutory
rape
3. When
the
victim
is
under
the
custody
of
the
• If
the
victim
is
12
years
or
older,
the
offender
Chapter
1:
Crimes
Against
Liberty
police
or
military
authorities
or
any
law
should
be
charged
with
either
sexual
abuse
enforcement
or
penal
institution
under
RA
7610
or
rape
under
art.
266-‐A
(except
Art.
267:
Kidnapping
and
Serious
Illegal
Detention
4. When
the
rape
is
committed
in
full
view
of
the
par.
1(d)
Elements
husband,
parent,
any
of
the
children
or
other
• However,
the
offender
cannot
be
accused
of
1. The
offender
is
a
Private
individual
relatives
within
the
3rd
civil
degree
of
both
crimes
for
the
same
act
because
his
right
2. He
Kidnaps
or
Detains
another,
or
in
any
other
consanguinity
against
double
jeopardy
will
be
predjuced
manner
deprives
the
latter
of
his
liberty
5. When
the
victim
is
a
religious
engaged
in
3. The
act
of
detention
or
kidnapping
must
be
legitimate
religious
vocation
or
calling
and
is
Art.
266-‐C:
Effect
of
Pardon
Illegal
personally
known
to
be
such
by
the
offender
Notes:
4. In
the
commission
of
the
offense,
any
of
the
before
or
at
the
time
of
the
commission
of
the
• Marriage
extinguishes
not
only
the
penal
following
circumstances
is
present:
crime
action,
but
likewise
the
penalty
that
may
be
a. The
kidnapping
or
detention
lasts
for
more
6. When
the
victim
is
a
child
below
7
years
old
imposed
than
3
days,
7. When
the
offender
knows
that
he
is
afflicated
b. It
is
committed
Simulating
Public
Authority,
with
HIV/AIDS
or
any
other
sexually
Rape
of
wife
by
husband
c. Any
Serious
Physical
Injuries
are
inflicted
transmissible
disease
and
the
virus
or
disease
is
• The
2nd
par.
of
Sec.
266-‐C
of
RA
8353
is
explicit
upon
the
person
kidnapped
or
detained
or
transmitted
to
the
victim
in
providing
that
a
husband
may
be
guilty
of
threats
to
kill
him
are
made,
or
8. When
committed
by
any
member
of
the
AFP
or
rape
of
his
wife
d. The
person
kidnapped
or
detained
is
a
paramilitary
units
thereof
or
the
PNP
or
any
law
• In
case
it
is
the
legal
husband
who
is
the
Minor,
Female,
or
a
Public
Officer
enforcement
agency
or
penal
institution,
when
offender,
the
subsequent
forgiveness
by
the
offender
took
advantage
of
his
position
to
the
wife
as
the
offended
party
shall
facilitate
the
commission
of
the
crime
extinguish
the
criminal
action
or
the
penalty:
Provided,
That
the
crime
shall
not
25
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Circumstances
qualifying
the
offense
Art.
269:
Unlawful
Arrest
Art.
273:
Exploitation
of
Child
Labor
• If
the
purpose
is
to
extort
ransom
from
the
Elements
Elements
victim
or
any
other
person,
even
if
none
of
the
1. The
offender
Arrests
or
Detains
another
person
1. The
offender
Retains
a
Minor
in
his
service
circumstances
mentioned
in
Art.
267
is
present,
2. The
Purpose
of
the
offender
is
to
Deliver
him
to
2. It
is
Against
the
Will
of
the
minor
the
penalty
is
death
the
Proper
Authorities
3. It
is
under
the
pretext
of
reimbursing
himself
of
• In
this
case,
death
is
imposed
as
a
single
3. The
arrest
or
detention
is
not
authorized
by
law
a
debt
incurred
by
an
ascendant,
guardian
or
penalty.
It
shall
be
imposed
regardless
of
the
or
there
is
no
reasonable
ground
therefor
person
entrusted
with
the
custody
of
such
presence
and
number
ofordinary
mitigating
minor
circumstances.
(Art.
63,
par.
1)
• However,
if
the
offender
is
over
15
but
under
Art.
270:
Kidnapping
and
Failure
to
Return
a
Minor
Art.
274:
Services
rendered
under
Compulsion
in
16
years
of
age,
it
being
a
privileged
mitigating
Elements
Payment
of
Debt
circumstance,
the
penalty
may
be
lowered
by
1. The
offender
is
entrusted
with
the
Custody
of
a
Elements
one
degree.
(Art.
68)
minor
person
(whether
over
or
under
7
years
1. The
offender
Compels
a
Debtor
to
Work
for
but
less
than
18
years
of
age)
[RA
6809]
him,
either
as
household
servant
or
farm
When
the
maximum
penalty
is
imposed
(death,
but
2. He
Deliberately
Fails
to
restore
the
said
minor
laborer
now
reclusion
perpetua)
to
his
parents
or
guardians
2. It
is
Against
the
debtor’s
will
1. If
the
purpose
of
kidnapping
or
detention
is
to
3. The
Purpose
is
to
require
or
enforce
the
extort
ransom
Art.
271:
Inducing
a
Minor
to
Abandon
his
Home
Payment
of
a
debt
2. When
the
victim
is
killed
or
dies
as
a
Elements
consequence
of
the
detention
1. The
minor
is
living
in
the
home
of
his
parents
or
Chapter
2:
Crimes
Against
Security
3. When
the
victim
is
raped
guardian
or
the
person
entrusted
with
his
4. When
the
victim
is
subjected
to
torture
or
custody
Art.
275:
Abandonment
of
persons
in
Danger
and
dehumanizing
acts
2. The
offender
Induces
said
minor
to
Abandon
Abandonment
of
one’s
Own
Victim
such
home
Acts
Punishable
Art.
268:
Slight
Illegal
Detention
1. Failing
to
render
Assistance
whom
the
offender
Elements
Art.
272:
Slavery
finds
in
an
Uninhabited
Place
wounded
or
in
1. The
offender
is
a
Private
Individual
Elements
danger
of
dying
when
he
can
render
assistance
2. He
Kidnaps
or
Detains
another,
or
in
any
other
1. The
offender
Purchases,
Sells,
Kidnaps
or
without
detriment
to
himself,
unless
such
manner
deprives
him
of
his
liberty
Detains
a
human
being
omission
shall
constitute
a
more
serious
offense
3. The
act
of
kidnapping
or
detention
is
Illegal
2. The
Purpose
of
offender
is
to
Enslave
such
2. Failing
to
help
or
render
assistance
to
another
4. The
crime
is
committed
without
the
attendance
human
being
whom
the
offender
has
Accidentally
Wounded
of
any
of
the
circumstances
enumerated
in
Art.
Circumstance
qualifying
the
offense
or
Injured
267
• If
the
purpose
of
the
offender
is
to
assign
3. Failing
to
Deliver
a
child,
under
7
years
old
offended
party
to
some
immoral
traffic
whom
the
offender
has
Found
Abandoned,
to
(prostitution),
the
penalty
is
higher
authorities
or
to
his
family,
or
by
failing
to
take
him
to
a
safe
place
26
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Elements
(First
Act)
Elements
(Abandonment
of
minor
by
one
charged
ascendant,
guardian,
teacher
or
person
1. The
place
is
not
inhabited
with
the
Rearing
or
Education
of
said
minor)
entrusted
in
any
capacity
with
the
care
of
such
2. The
accused
found
there
a
person
Wounded
or
1. The
offender
has
Charge
of
the
Rearing
or
child
in
Danger
of
Dying
Education
of
a
minor
5. Inducing
any
child
under
16
years
of
age
to
3. The
accused
Can
render
Assistance
without
2. He
Delivers
said
minor
to
a
Public
Institution
or
abandon
the
home
of
its
ascendants,
guardians,
detriment
to
himself
other
persons
curators
or
teachers
to
follow
any
person
in
any
4. The
accused
Fails
to
render
assistance
3. The
one
who
entrusted
child
to
the
offender
of
the
calling
mentioned
in
par.
.2
or
to
has
not
consented
to
such
act;
or
if
the
one
accompany
any
habitual
vagrant
or
beggar,
the
Art.
276:
Abandoning
a
Minor
who
entrusted
such
child
to
offender
is
absent,
offender
being
any
person
Elements
the
proper
authorities
have
not
consent
to
it
1. The
offender
has
the
Custody
of
a
child
Qualifying
Circumstance
2. The
child
is
under
7
years
of
age
Elements
(Indifference
of
Parents)
• If
the
delivery
of
the
child
to
any
person
3. He
Abandons
such
child
1. The
offender
is
a
Parent
following
any
of
the
callings
enumerated
or
to
4. He
has
No
Intent
to
Kill
the
child
when
the
2. He
Neglects
his
children
by
not
giving
them
any
habitual
vagrant
or
beggar
is
made
in
latter
is
abandoned
education
consideration
of
any
price,
compensation
or
3. His
Station
in
life
Requires
such
education
and
promise,
the
penalty
is
higher
Qualifying
Circumstances
his
Financial
condition
Permits
it
1. When
the
death
of
the
minor
resulted
from
Art.
279:
Additional
penalties
for
other
offenses
such
abandonment
Art.
278:
Exploitation
of
Minors
The
imposition
of
the
penalties
prescribed
in
the
2. If
the
life
of
the
minor
was
in
danger
because
of
Acts
punished
preceding
articles,
shall
not
prevent
the
imposition
the
abandonment
1. Causing
any
boy
or
girl
under
16
years
of
age
to
upon
the
same
person
of
the
penalty
provided
for
perform
any
Dangerous
Feat
of
balancing,
any
other
felonies
defined
and
punished
by
this
Art.
277:
Abandonment
of
minor
by
person
physical
strength
or
contortion,
the
offender
Code.
entrusted
with
his
custody;
indifference
of
parents
being
any
person
Acts
punished
2. Employing
children
under
16
years
of
age
who
Art.
280:
Qualified
Trespass
to
Dwelling
1. Delivering
a
Minor
to
a
Public
Institution
or
are
not
the
Children
or
Descendants
of
the
Elements
of
trespass
to
dwelling
other
persons
without
the
Consent
of
the
one
offender
in
exhibitions
of
acrobat,
gymnast,
1. The
offender
is
a
Private
person
who
entrusted
such
minor
to
the
care
of
the
rope-‐walker,
diver,
or
wild-‐animal
tamer,
the
2. He
Enters
the
dwelling
of
another
offender
or,
in
the
absence
of
that
one,
without
offender
being
an
acrobat,
etc.,
or
Circus
3. Such
entrance
is
Against
the
latter’s
Will
the
consent
of
the
proper
authorities
manager
or
person
engaged
in
a
similar
calling
2. Neglecting
his
(offender’s)
Children
by
not
3. Employing
any
descendant
under
12
years
of
Qualifying
Circumstance
giving
them
education
which
their
station
in
life
age
in
Dangerous
Exhibitions
enumerated
in
• If
the
offense
is
committed
by
means
of
Violence
requires
and
financial
condition
permits
next
preceding
paragraph,
the
offender
being
or
Intimidation,
the
penalty
is
higher
engaged
in
any
of
the
said
callings
4. Delivering
a
child
under
16
years
of
age
gratuitously
to
any
person
following
any
of
the
callings
enumerated
in
par.
2,
or
to
any
habitual
vagrant
or
beggar,
the
offender
being
an
27
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
281:
Other
Forms
of
Trespass
Elements
(Grave
Threats
not
subject
to
a
Condition)
crime,
without
persisting
in
the
idea
involved
in
Elements
(3rd
form)
his
threat
1. The
offender
Enters
the
closed
premises
or
the
1. The
offender
threatens
another
person
with
the
3. Orally
threatening
to
do
any
harm
not
fenced
estate
of
another
infliction
upon
latter’s
person,
honor,
or
constituting
a
felony
2. The
entrance
is
made
while
either
of
them
is
property,
or
upon
that
of
the
latter’s
family,
of
Uninhabited
any
wrong
Two
acts
punished
in
par.
1
3. The
Prohibition
to
enter
be
Manifest
2. Such
wrong
amounts
to
a
crime
1. Threatening
another
with
a
weapon,
even
if
4. The
trespasser
has
not
secured
the
Permission
3. The
threat
is
not
subject
to
a
condition
there
is
no
quarrel
of
the
owner
or
the
caretaker
thereof
2. Drawing
a
weapon
in
a
quarrel,
which
is
not
in
Qualifying
Circumstances
lawful
self-‐defense
Art.
282:
Grave
Threats
• If
the
threat
is
made
in
writing
or
through
a
Acts
Punishable
middleman,
the
penalty
is
to
be
imposed
in
its
Art.
286:
Grave
coercions
1. Threatening
another
with
the
infliction
upon
his
maximum
period
Two
ways
of
committing
Person,
Honor
or
Property
or
that
of
his
Family
1. Preventing
another,
by
means
of
violence,
of
any
wrong
amounting
to
a
crime
and
Art.
283:
Light
threats
threats
or
intimidation,
from
doing
something
demanding
money
or
imposing
any
other
Elements
not
prohibited
by
law
condition,
even
though
not
unlawful,
and
the
1. The
offender
makes
a
threat
to
commit
a
wrong
2. Compelling
another,
by
means
of
violence,
offender
attained
his
purpose
2. The
wrong
does
not
constitute
a
crime
threats
or
intimidation,
to
do
something
against
2. Making
such
threat
without
the
offender
3. There
is
a
demand
for
money
or
that
other
his
will,
whether
it
be
right
or
wrong
Attaining
his
Purpose
condition
is
imposed,
even
though
not
unlawful
3. Threatening
another
with
the
infliction
upon
his
4. The
offender
has
attained
his
purpose
or,
that
Elements
Person,
Honor
or
Property
or
that
of
his
Family
he
has
not
attained
his
purpose
1. A
person
prevented
another
from
doing
of
any
wrong
amounting
to
a
crime,
the
threat
something
not
prohibited
by
law,
or
that
he
not
being
subject
to
a
condition
Art.
284:
Bond
for
good
behavior
compelled
him
to
do
something
against
his
will,
Cases
when
a
person
may
be
required
to
give
bail
be
it
right
or
wrong
Elements
(Grave
Threats
where
offender
Attained
not
to
molest
another
2. The
prevention
or
compulsion
be
effected
by
his
Purpose)
1. When
he
threatens
another
under
violence,
threats
or
intimidation
1. The
offender
threatens
another
person
with
the
circumstances
in
Art.
282
(grave
threats)
3. The
person
that
restrained
the
will
and
liberty
infliction
upon
the
latter’s
person,
honor
or
2. When
he
threatens
another
under
of
another
had
not
the
authority
of
law
or
the
property,
or
upon
that
of
the
latter’s
family,
of
circumstances
in
Art.
283
(light
threats)
right
to
do
so,
or,
in
other
words,
that
the
any
wrong
restraint
shall
not
be
made
under
authority
of
2. Such
wrong
amounts
to
a
crime
Art.
285:
Other
light
threats
law
or
in
the
exercise
of
any
lawful
right
3. There
is
a
demand
for
money
or
that
any
other
Acts
punished
condition
is
imposed,
even
though
not
unlawful
1. Threatening
another
with
a
weapon,
or
by
4. The
offender
attains
his
purpose
drawing
such
weapon
in
a
quarrel,
unless
it
be
in
lawful
self-‐defense
2. Orally
threatening
another,
in
the
heat
of
anger,
with
some
harm
(not)
constituting
a
28
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
287:
Light
coercions
any
of
his
or
its
laborers
or
employees
to
Circumstance
qualifying
the
offense
Elements
purchase
merchandise
or
commodities
of
any
• When
the
offender
reveals
the
contents
of
such
1. The
offender
must
be
a
creditor
kind
from
him
or
from
said
firm
or
corporation
paper
or
letters
of
another
to
a
3rd
person,
the
2. He
seized
anything
belonging
to
his
debtor
penalty
is
higher
3. The
seizure
of
the
thing
be
accomplished
by
Elements
of
No.
2
means
of
violence
or
a
display
of
material
force
1. The
offender
pays
the
wages
due
a
laborer
or
Art.
291:
Revealing
secrets
with
abuse
of
office
producing
intimidation
employee
employed
by
him
by
means
of
tokens
Elements
4. The
purpose
of
the
offender
is
to
apply
the
or
objects
1. The
offender
is
a
manager,
employee,
or
same
to
the
payment
of
the
debt
2. Those
tokens
or
objects
are
other
than
the
legal
servant
tender
currency
of
the
Philippines
2. He
learns
the
secrets
of
his
principal
or
master
Unjust
vexation
–
other
light
coercion
(par.
2)
3. Such
employee
or
laborer
does
not
expressly
in
such
capacity
• Includes
any
human
conduct
which
although
request
that
he
be
paid
by
means
of
tokens
or
3. He
reveals
such
secrets
not
productive
of
some
physical
or
material
objects
harm
would,
however,
unjustly
annoy
or
vex
an
Art.
292:
Revelation
of
industrial
secrets
innocent
person
Art.
289:
Formation,
maintenance,
and
prohibition
Elements
of
combination
of
capital
or
labor
through
violence
1. The
offender
is
a
person
in
charge,
employee,
Art.
288:
Other
similar
coercions
(Compulsory
or
threats
or
workman
of
a
manufacturing
or
industrial
purchase
of
merchandise
and
payment
of
wages
by
Elements
establishment
means
of
tokens)
1. The
offender
employs
violence
or
threats,
in
2. The
manufacturing
or
industrial
establishment
Acts
punished
such
a
degree
as
to
compel
or
force
the
has
a
secret
of
the
industry
which
the
offender
1. Forcing
or
compelling,
directly
or
indirectly,
or
laborers
or
employers
in
the
free
and
legal
has
learned
knowingly
permitting
the
forcing
or
compelling
exercise
of
their
industry
or
work
3. The
offender
reveals
such
secrets
of
the
laborer
or
employee
of
the
offender
to
2. The
purpose
is
to
organize,
maintain
or
prevent
4. Prejudice
is
caused
to
the
owner
purchase
merchandise
or
commodities
of
any
coalitions
of
capital
or
labor,
strike
of
laborers
kind
from
him
or
lockout
of
employers
2. Paying
the
wages
due
his
laborer
or
employee
by
means
of
tokens
or
objects
other
than
the
Chapter
3:
Discovery
and
revelation
of
secrets
legal
tender
currency
of
the
Philippines,
unless
Art.
290:
Discovering
secrets
through
seizure
of
expressly
requested
by
such
laborer
or
correspondence
employee
Elements
1. The
offender
is
a
private
individual
or
even
a
Elements
of
No.
1
public
officer
not
in
the
exercise
of
his
official
1. The
offender
is
any
person,
agent
or
officer
of
function
any
association
or
corporation
2. He
seizes
the
papers
or
letters
of
another
2. He
or
such
firm
or
corporation
has
employed
3. The
purpose
is
to
discover
the
secrets
of
such
laborers
or
employees
another
person
3. He
forces
or
compels,
directly
or
indirectly,
or
4. The
offender
is
informed
of
the
contents
of
the
knowingly
permits
to
be
forced
or
compelled,
papers
or
letters
seized
29
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
TITLE
10:
CRIMES
AGAINST
PROPERTY
member
or
incapacity
for
the
work
in
which
the
conveyances,
or
injured
person
is
theretofore
habitually
5. On
a
street,
road,
highway,
or
alley,
and
the
Chapter
1:
Robbery
in
General
engaged
is
inflicted;
intimidation
is
made
with
the
use
of
firearms,
5. If
the
violence
or
intimidation
employed
in
the
the
offender
shall
be
punished
by
the
maximum
Art.293:
Who
are
guilty
of
robbery
commission
of
the
robbery
is
carried
to
a
periods
of
the
proper
penalties
prescribed
in
Classification
of
robbery
degree
clearly
unnecessary
for
the
commission
Art.
294
1. Robbery
with
violence
against,
or
intimidation
of
the
crime;
of
persons
(Art.
294,
297,
298)
6. When
in
the
course
of
its
execution,
the
Art.
296:
Definition
of
a
band
and
penalty
incurred
2. Robbery
by
the
use
of
force
upon
things
(Art.
offender
shall
have
inflicted
upon
any
person
by
the
members
thereof
299-‐302)
not
responsible
for
the
commission
of
the
Outline
of
the
provisions
robbery
any
of
the
physical
injuries
in
1. When
at
least
4
armed
malefactors
take
part
in
Elements
of
robbery
in
general
consequence
of
which
the
person
injured
the
commission
of
a
robbery,
it
is
deemed
1. There
be
personal
property
belonging
to
becomes
deformed
or
loses
any
other
member
committed
by
a
band
another
of
his
body
or
loses
the
use
thereof
or
becomes
2. When
any
of
the
arms
used
in
the
commission
2. There
is
unlawful
taking
of
that
property
ill
or
incapacitated
for
the
performance
of
the
of
robbery
is
not
licensed,
the
penalty
upon
all
3. The
taking
must
be
with
intent
to
gain;
and
work
in
which
he
is
habitually
engaged
for
more
the
malefactors
shall
be
the
maximum
of
the
4. There
is
violence
against
or
intimidation
of
any
than
90
days
or
the
person
injured
becomes
ill
corresponding
penalty
provided
by
law,
without
person,
or
force
upon
anything
or
incapacitated
for
labor
for
more
than
30
prejudice
to
the
criminal
liability
for
illegal
days;
possession
of
such
firearms
(*now
only
a
Art.
294:
Robbery
with
violence
against
or
7. If
the
violence
employed
by
the
offender
does
special
aggravating
circumstance)
intimidation
of
persons
not
cause
any
of
the
serious
physical
injuries
3. Any
member
of
a
band
who
was
present
at
the
defined
in
Art.
264
or
if
the
offender
employs
commission
of
a
robbery
by
the
band,
shall
be
Acts
Punished
intimidation
only.
punished
as
principal
of
any
of
the
assaults
1. When
by
reason
or
on
occasion
of
the
robbery
committed
by
the
band,
unless
it
be
shown
that
(taking
of
personal
property
belonging
to
Art.
295:
Robbery
with
physical
injuries,
committed
he
attempted
to
prevent
the
same
another
with
intent
to
gain),
the
crime
of
in
an
uninhabited
place
and
by
a
band,
or
with
the
homicide
is
committed;
sue
of
firearm
on
a
street,
road
or
alley
Requisites
for
liability
for
the
acts
of
the
other
2. When
the
robbery
is
accompanied
by
rape
or
intentional
mutilation
or
arson;
When
robbery
with
violence
against
or
members
of
the
band
3. When
by
reason
or
on
occasion
of
such
intimidation
or
persons
is
qualified
1. He
was
a
member
of
the
band
robbery,
any
of
the
physical
injuries
resulting
If
any
of
the
offenses
defined
in
subdivisions
3,
4,
2. He
was
present
at
the
commission
of
a
robbery
in
insanity,
imbecility,
impotency
or
blindness
and
5
of
Art
294
is
committed
by
that
band
is
inflicted;
1. In
an
uninhabited
place,
3. The
other
members
of
the
band
committed
an
4. When
by
reason
or
on
occasion
of
robbery,
any
2. By
a
band,
or
assault
of
the
physical
injuries
resulting
in
the
loss
of
3. By
attacking
a
moving
train,
street
car,
motor
4. He
did
not
attempt
to
prevent
the
assault
the
use
of
speech
or
the
power
to
hear
or
to
vehicle,
or
airship,
smell,
or
the
loss
of
an
eye,
a
hand,
afoot,
an
4. By
entering
the
passengers’
compartments
in
a
arm,
or
a
leg
or
the
loss
of
the
use
of
any
such
train,
or
in
any
manner
taking
the
passengers
thereof
by
surprise
in
the
respective
30
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
297:
Attempted
and
frustrated
robbery
things
under
Arts.
299
and
302
is
that
the
a. Breaking
of
doors,
wardrobes,
chests,
or
committed
under
certain
circumstances
malefactor
should
enter
the
building
or
any
other
kind
of
locked
or
sealed
furniture
When
by
reason
or
on
occasion
of
an
attempted
or
dependency
where
the
object
to
be
taken
is
or
receptacle,
or
frustrated
robbery
a
homicide
is
committed,
the
found
b. Taking
such
furniture
or
objects
away
to
be
person
guilty
of
such
offenses
shall
be
punished
by
broken
or
forced
open
outside
the
place
of
reclusion
temporal
in
its
maximum
period
to
Robbery
with
force
upon
things
under
Art.
299
are
the
robbery
reclusion
perpetua,
unless
the
homicide
committed
of
2
kinds
shall
deserve
a
higher
penalty
under
the
provision
of
Art.
300:
Robbery
in
an
uninhabited
place
and
by
a
this
Code.
Elements
of
robbery
with
force
upon
things
under
band
subdivision
a
• Robbery
in
an
inhabited
house,
public
building
Art.
298:
Execution
of
deeds
by
means
of
violence
1. The
offender
entered
(a)
an
inhabited
place,
or
or
edifice
devoted
to
religious
worship
is
or
intimidation
(b)
public
building,
or
(c)
edifice
devoted
to
qualified
when
committed
by
a
band
&
in
an
Elements
religious
worship
uninhabited
place
1. The
offender
has
intent
to
defraud
another
2. The
entrance
was
effected
by
any
of
the
• Shall
be
punished
by
the
maximum
period
2. The
offender
compels
him
to
sign,
execute,
or
following
means:
of
the
penalty
provided
for
deliver
any
public
instrument
or
document
a. Through
an
opening
not
intended
for
• The
two
qualifications
(uninhabited
place
3. The
compulsion
is
by
means
of
violence
or
entrance
or
egress,
and
by
a
band)
must
concur
intimidation
b. By
breaking
any
wall,
roof,
or
floor
or
• The
inhabited
house,
public
building
or
edifice
breaking
any
door
or
window,
devoted
to
religious
worship
must
be
located
in
Art.
299:
Robbery
in
an
inhabited
house
or
public
c. By
using
false
keys,
picklocks,
or
similar
an
uninhabited
place
building
or
edifice
devoted
to
worship
tools,
or
Robbery
by
the
use
of
force
upon
things
d. By
using
any
fictitious
name
or
pretending
Art.
301:
What
is
an
inhabited
house,
public
the
exercise
of
public
authority
bidding,
or
building
dedicated
to
religious
worship
• Person
liable
for
robbery
by
the
use
of
force
3. That
once
inside
the
building,
the
offender
took
and
their
dependencies
upon
things,
does
not
use
violence
against
or
personal
property
belonging
to
another
with
intimidation
of
any
person
in
taking
personal
Requisites
for
dependencies
intent
to
gain
property
belonging
to
another
with
intent
to
1. Must
be
contiguous
to
the
building
gain,
for
otherwise,
he
will
be
liable
under
Art.
2. Must
have
an
interior
entrance
connected
Elements
of
robbery
with
force
upon
things
under
294
therewith
subdivision
b
3. Must
form
part
of
the
whole
1. The
offender
is
inside
a
dwelling
house,
public
2
kinds
of
robbery
with
force
upon
things
building,
or
edifice
devoted
to
religious
1. Robbery
in
an
inhabited
house
or
public
worship,
regardless
of
the
circumstance
under
building
or
edifice
devoted
to
a
religious
which
he
entered
it
worship
(Art.
299)
2. The
offender
takes
personal
property
belonging
2. Robbery
in
an
uninhabited
place
or
in
a
private
to
another,
with
intent
to
gain,
under
any
of
the
building
(Art.
302)
ff.
circumstances:
• Essential
requisite
of
robbery
with
force
upon
31
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
302:
Robbery
in
an
uninhabited
place
or
in
a
3. The
offender
does
not
have
lawful
cause
for
Art.
307:
Aiding
and
abetting
a
band
of
brigands
private
building
such
possession
Elements
Elements
1. There
is
a
band
of
brigands
1. The
offender
entered
an
uninhabited
place
or
a
Art.
305:
False
keys
2. The
offender
knows
the
band
to
be
of
brigands
building
which
was
not
a
dwelling
house,
not
a
Includes:
3. The
offender
does
any
of
the
ff.
acts:
public
building
or
not
an
edifice
devoted
to
1. The
tools
mentioned
in
the
next
preceding
a. He
in
any
manner
aids,
abets
or
protects
religious
worship
article
such
band
of
brigands,
2. Any
of
the
following
circumstances
are
present:
2. Genuine
keys
stolen
from
the
owner
b. He
gives
them
information
of
the
a. The
entrance
was
effected
through
an
3. Any
keys
other
than
those
intended
by
the
movements
of
the
police
or
other
peace
opening
not
intended
for
entrance
or
owner
for
use
in
the
lock
forcibly
opened
by
the
officers
of
the
Government,
or
egress,
offender
c. He
acquires
or
receives
the
property
taken
b. A
wall,
roof,
floor,
outside
door
or
window
by
such
brigands
was
broken,
• Possession
of
false
keys
in
pars.
2
and
3
of
Art.
c. The
entrance
was
effected
through
the
use
305
is
not
punishable
Chapter
3:
Theft
of
false
keys,
picklocks
or
other
similar
tools,
Chapter
2:
Brigandage
Art.
308:
Who
are
liable
for
theft
d. A
door,
wardrobe,
chest
or
any
sealed
or
Theft
–
any
person
who,
with
intent
to
gain
but
closed
furniture
or
receptacle
was
broken,
Art.
306:
Who
are
brigands
–
penalty
without
violence
against
or
intimidation
of
persons
or
Brigandage
–
committed
by
more
than
3
armed
nor
force
upon
things,
shall
take
the
personal
e. A
closed
or
sealed
receptacle
was
persons
who
form
a
band
of
robbers
for
the
purpose
property
of
another
without
the
latter’s
consent
removed,
even
if
the
same
be
broken
open
of
committing
robbery
in
the
highway,
or
kidnapping
elsewhere
persons
for
the
purpose
of
extortion
or
to
obtain
Persons
liable
3. With
intent
to
gain,
the
offender
took
ransom,
or
for
any
other
purpose
to
be
attained
by
1. Those
who,
with
intent
to
gain,
but
without
therefrom
personal
property
belonging
to
means
of
force
or
violence
violence
against
or
intimidation
of
persons
nor
another
force
upon
things,
take
personal
property
of
There
is
brigandage
when:
another
without
the
latter’s
consent
Art.
303:
Robbery
of
cereals,
fruits,
or
firewood
in
1. There
be
at
least
4
armed
persons
2. Those
who,
having
found
lost
property,
fail
to
an
uninhabited
place
or
private
building
2. They
formed
a
band
of
robbers
deliver
the
same
to
the
local
authorities
or
its
• Penalty
is
1
degree
lower
when
cereals,
fruits,
3. The
purpose
is
any
of
the
ff.:
owner
or
firewoord
are
taken
in
robbery
with
force
a. To
commit
robbery
in
the
highway
3. Those
who,
after
having
maliciously
damaged
upon
things
b. To
kidnap
persons
for
the
purpose
of
the
property
of
another,
remove
or
make
use
of
extortion
or
to
obtain
ransom
the
fruits
or
object
of
the
damage
caused
by
Art.
304:
Possession
of
picklocks
or
similar
tools
c. To
attain
by
means
of
force
and
violence
them
Elements
any
other
purpose
4. Those
who
enter
an
enclosed
estate
or
a
field
1. The
offender
has
in
his
possession
picklocks
or
where
trespass
is
forbidden,
or
which
belongs
similar
tools
to
another
and,
without
the
consent
of
its
2. Such
picklocks
or
similar
tools
are
specifically
owner,
hunt
or
fish
upon
the
same
or
gather
adopted
to
the
commission
of
robbery
fruits,
cereals,
or
other
forest
or
farm
products
32
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Elements
4. If
the
property
stolen
consists
of
coconuts
taken
3. Violence
against
or
intimidation
of
persons
is
1. There
be
taking
of
personal
property
from
the
premises
of
a
plantation
used
by
the
offender
in
occupying
real
property
2. Said
property
belongs
to
another
5. If
the
property
stolen
is
fish
taken
from
a
or
usurping
real
rights
in
property
3. The
taking
be
done
with
intent
to
gain
fishpond
or
fishery
4. There
is
intent
to
gain
4. The
taking
be
done
without
the
consent
of
the
6. If
the
property
is
taken
on
the
occasion
of
fire,
owner
earthquake,
typhoon,
volcanic
eruption,
or
any
Art.
313:
Altering
boundaries
or
landmarks
5. The
taking
be
accomplished
without
use
of
other
calamity,
vehicular
accident
or
civil
Elements
violence
against,
or
intimidation
of
persons
or
disturbance
1. There
be
boundary
marks
or
monuments
of
force
upon
things
towns,
provinces,
or
estates,
or
any
other
Art.
311:
Theft
of
the
property
of
the
national
marks
intended
to
designate
the
boundaries
of
Hunting,
fishing
or
gathering
fruits,
etc.
in
enclosed
library
and
national
museum
the
same.
estate
(par.
3)
• Theft
of
property
on
National
Library
and
2. The
offender
alters
said
boundary
marks
Elements
Museum
has
a
fixed
penalty
regardless
of
its
1. There
is
an
enclosed
estate
or
a
field
where
value
Chapter
5:
Culpable
Insolvency
trespass
is
forbidden
or
which
belongs
to
• But
if
the
crime
is
committed
with
grave
abuse
another
of
confidence,
the
penalty
for
qualified
theft
Art.
314:
Fraudulent
insolvency
2. The
offender
enters
the
same
shall
be
imposed
Elements
3. The
offender
hunts
or
fishes
upon
the
same
or
1. The
offender
is
a
debtor;
that
is,
he
has
gathers
fruits,
cereals
or
other
forest
or
farm
Chapter
4:
Usurpation
obligations
due
and
payable
products
in
the
estate
or
field
2. He
absconds
with
his
property
4. The
hunting
or
fishing
or
gathering
of
products
Art.
312:
Occupation
of
real
property
or
usurpation
3. There
be
prejudice
to
his
creditors
is
without
the
consent
of
the
owner
of
real
rights
in
property
Acts
punishable
Chapter
6:
Swindling
and
Other
Deceits
Art.
309:
Penalties
1. Taking
possession
of
any
real
property
Basis
of
penalty
in
theft
belonging
to
another
by
means
of
violence
Art.
315:
Swindling
(estafa)
1. The
value
of
the
thing
stolen,
against
or
intimidation
of
persons
Elements
of
estafa
in
general
2. In
some
cases,
the
value
and
also
the
nature
of
2. Usurping
any
real
rights
in
property
belonging
1. The
accused
defrauded
another
by
abuse
of
the
property
taken,
or
to
another
by
means
of
violence
against
or
confidence,
or
by
means
of
deceit
3. The
circumstances
or
causes
that
impelled
the
intimidation
of
persons
2. Damage
or
prejudice
capable
of
pecuniary
culprit
to
commit
the
crime
estimation
is
cause
to
the
offended
party
or
Elements
third
person
Art.
310:
Qualified
theft
1. The
offender
takes
possession
of
any
real
Theft
is
qualified
property
or
usurps
any
real
rights
in
property
The
1st
element
covers
the
3
different
ways
of
1. If
the
theft
is
committed
by
a
domestic
servant
2. The
real
property
or
real
rights
belong
to
committing
estafa
under
Art.
315
2. If
the
theft
is
committed
with
grave
abuse
of
another
Estafa
is
committed
confidence
1. With
unfaithfulness
or
abuse
of
confidence,
3. If
the
property
stolen
is
a
motor
vehicle,
mail
matter,
or
large
cattle
33
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
2. By
means
of
false
pretenses
or
fraudulent
acts,
Elements
of
estafa
by
taking
undue
advantage
of
Estafa
through
falsification
or
the
signature
in
blank
(Art.
315,
No.
1(c))
• Estafa
through
false
pretense
made
in
writing
is
3. Through
fraudulent
means
1. The
paper
with
the
signature
of
the
offended
only
a
simple
crime
of
estafa,
not
a
complex
party
be
in
blank
crime
of
estafa
through
falsification
• May
be
reduced
to
two
only:
2. The
offended
party
should
have
delivered
it
to
• There
is
also
attempted
estafa
through
forgery
1. Estafa
with
abuse
of
confidence
the
offender
• Fraud
in
estafa
by
means
of
deceit
must
be
2. Estafa
by
means
of
deceit
3. Above
the
signature
of
the
offended
party
a
proven
with
clear
and
positive
evidence
document
is
written
by
the
offender
without
Estafa
with
abuse
of
confidence
(Art.
315,
No.
1)
authority
to
do
so
Art.
315,
No.
2(b)
Art.
315,
No.
1(a)
4. The
document
so
written
creates
a
liability
of,
• By
altering
the
quality,
fineness
or
weight
of
• By
altering
the
substance,
quantity,
or
quality
or
causes
damage
to,
the
offended
party
or
any
anything
pertaining
to
his
art
or
business.
or
anything
of
value
which
the
offender
shall
third
person
deliver
by
virtue
of
an
obligation
to
do
so,
even
Art.
315,
No.
2(c)
though
such
obligation
be
based
on
an
immoral
Estafa
by
means
of
deceit
(Art.
315,
Nos.
2
&
3)
• By
pretending
to
have
bribed
any
Government
or
illegal
consideration
employee,
without
prejudice
to
the
action
for
Elements
of
estafa
by
means
of
deceit
calumny
which
the
offended
party
may
deem
Elements
of
estafa
with
unfaithfulness
1. There
must
be
a
false
pretense,
fraudulent
act
proper
to
bring
against
the
offender.
In
this
1. The
offender
has
an
onerous
obligation
to
or
fraudulent
means
case,
the
offender
shall
be
punished
by
the
deliver
something
of
value
2. Such
false
pretense,
fraudulent
act
or
maximum
period
of
the
penalty.
2. He
alters
its
substance,
quantity
or
quality
fraudulent
means
must
be
made
or
executed
3. Damage
or
prejudice
is
caused
to
another
prior
to
or
simultaneously
with
the
commission
Art.
315,
No.
2(d),
as
amended
by
RA
4885
of
the
fraud
• Estafa
by
postdating
a
check
or
issuing
a
check
Elements
of
estafa
with
abuse
of
confidence
under
3. The
offended
party
must
have
relied
on
the
in
payment
of
an
obligation
Art.
315,
No.
1(b)
false
pretense,
fraudulent
act,
or
fraudulent
1. Money,
goods,
or
other
personal
property
be
means,
that
is,
he
was
induced
to
part
with
his
Elements
received
by
the
offender
in
trust,
or
on
money
or
property
because
of
the
false
1. The
offender
postdated
a
check,
or
issued
a
commission,
or
for
administration,
or
under
any
pretense,
fraudulent
act,
or
fraudulent
means
check
in
payment
of
an
obligation;
other
obligation,
involving
the
duty
to
make
4. As
a
result
thereof,
the
offended
party
suffered
2. Such
postdating
or
issuing
a
check
was
done
delivery
of,
or
to
return
the
same
damage
when
the
offender
had
no
funds
in
the
bank,
or
2. There
be
misappropriation
or
conversion
of
his
funds
deposited
therein
were
not
sufficient
such
money
or
property
by
the
offender,
or
Art.
315,
No.
2(a)
to
cover
the
amount
of
the
check
denial
on
his
part
of
such
receipt
3
ways
of
committing
estafa
under
the
provisions
3. Such
misappropriation
or
conversion
or
denial
1. By
using
fictitious
name,
is
to
the
prejudice
of
another
2. By
falsely
pretending
to
possess:
(a)
power,
(b)
4. There
is
a
demand
made
by
the
offended
party
influence,
(c)
qualifications,
(d)
property
to
the
offender
(money),
(e)
credit,
(f)
agency,
(g)
business
or
imaginary
transactions,
or
3. By
means
of
other
similar
deceits
34
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
B.P.
22
Elements
(2nd
Paragraph)
Art.
315,
No.
3(a)
Acts
Punished
1. A
person
has
sufficient
funds
in
or
credit
with
• Estafa
by
inducing
another
to
sign
any
1. By
making
or
drawing
and
issuing
any
check
to
the
drawee
bank
when
he
makes
or
draws
and
document
apply
on
account
or
for
value,
knowing
at
the
issues
a
check.
time
of
issue
that
he
does
not
have
sufficient
2. He
fails
to
keep
sufficient
funds
or
to
maintain
a
Elements
funds
in
or
credit
with
the
drawee
bank
for
the
credit
to
cover
the
full
amount
of
the
check
if
1. The
offender
induced
the
offended
party
to
sign
payment
of
such
check
in
full
upon
its
presented
within
a
period
of
90
days
from
the
a
document
presentment,
which
check
is
subsequently
date
appearing
thereon.
2. Deceit
be
employed
to
make
him
sign
the
dishonored
by
the
drawee
bank
for
3. The
check
is
dishonored
by
the
drawee
bank.
document
insufficiency
of
funds
or
credit
or
would
have
3. The
offended
party
personally
signed
the
been
dishonored
for
the
same
reason
had
not
Gravamen
of
BP
22
is
the
issuance
of
a
check
document
the
drawer,
without
any
valid
reason,
ordered
1. Not
the
nonpayment
of
an
obligation
4. Prejudice
be
caused
the
bank
to
stop
payment.
2. The
mere
act
of
issuing
a
bum
check
is
malum
2. Having
sufficient
funds
in
or
credit
with
the
prohibitum
Art.
315,
No.
3(b)
drawee
bank
when
he
makes
or
draws
and
• Estafa
by
resorting
to
some
fraudulent
practice
issues
a
check,
by
failing
to
keep
sufficient
Art.
315,
No.
2(e)
to
insure
success
in
a
gambling
game
funds
or
to
maintain
a
credit
to
cover
the
full
• Estafa
by
obtaining
food
or
accommodation
at
a
amount
of
the
check
if
presented
within
a
hotel,
etc
Art.
315,
No.
3(c)
period
of
ninety
(90)
days
from
the
date
• Estafa
by
removing,
concealing,
or
destroying
appearing
thereon,
for
which
reason
it
is
3
ways
of
committing
documents
dishonored
by
the
drawee
bank.
1. Obtaining
food,
refreshment
or
accommodation
at
a
hotel,
inn,
restaurant,
boarding
house,
Elements
Elements
(1st
Paragraph)
lodging
house
or
apartment
house
without
1. There
be
court
record,
office
files,
documents,
1. A
person
makes
or
draws
and
issues
any
check
paying
therefor,
with
intent
to
defraud
the
or
any
other
papers
2. The
check
is
made
or
drawn
and
issued
to
apply
proprietor
or
manager
thereof
2. The
offender
removed,
concealed,
or
destroyed
on
account
or
for
value
2. Obtaining
credit
at
any
of
said
establishments
any
of
them
3. The
person
who
makes
or
draws
and
issues
the
by
the
use
of
any
false
pretense
3. The
offender
had
intent
to
defraud
another
check
knows
at
the
time
of
issue
that
he
does
3. Abandoning
or
surreptitiously
removing
any
not
have
sufficient
funds
in
or
credit
with
the
part
of
his
baggage
from
any
of
said
Damage
or
prejudice
capable
of
pecuniary
drawee
bank
for
the
payment
of
such
check
in
establishments
after
obtaining
credit,
food,
estimation
full
upon
its
presentment.
refreshment
or
accommodation
therein,
The
element
of
damage
or
prejudice
may
consist
in:
4. The
check
is
subsequently
dishonored
by
the
without
paying
therefor
1. The
offended
party
being
deprived
of
his
money
drawee
bank
for
insufficiency
of
funds
or
credit,
or
property,
as
result
of
the
defraudation,
or
would
have
been
dishonored
for
the
same
2. Disturbance
in
property
rights,
or
reason
had
not
the
drawer,
without
any
valid
3. Temporary
prejudice
reason,
ordered
the
bank
to
stop
payment.
35
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
316:
Other
Forms
of
Swindling
Elements
(6th
Paragraph)
Chapter
7:
Chattel
Mortgage
Elements
(1st
Paragraph)
1. The
offender
is
a
surety
in
a
bond
given
in
a
1. The
thing
be
immovable,
such
as
a
parcel
of
criminal
or
civil
action
Art.
319:
Removal,
Sale
or
Pledge
of
Mortgaged
land
or
a
building
2. He
guaranteed
the
fulfillment
of
such
obligation
Property
2. The
offender
who
is
not
the
owner
of
said
with
his
real
property
or
properties
Acts
Punished
property
should
represent
that
he
is
the
owner
3. He
sells,
mortgages,
or,
in
any
other
manner
1. By
knowingly
removing
any
personal
property
thereof
encumbers
said
real
property
mortgaged
under
the
Chattel
Mortgage
Law
to
3. The
offender
should
have
executed
an
act
of
4. Such
sale,
mortgage
or
encumbrance
is
(a)
any
province
or
city
other
than
the
one
in
which
ownership
(selling,
leasing,
encumbering
or
without
express
authority
from
the
court,
or
(b)
it
was
located
at
the
time
of
execution
of
the
mortgaging
the
real
property)
made
before
the
cancellation
of
his
bond,
or
(c)
mortgage,
without
the
written
consent
of
the
4. The
act
be
made
to
the
prejudice
of
the
owner
before
being
relieved
from
the
obligation
mortgagee
or
his
executors,
administrators
or
or
a
third
person
contracted
by
him.
assigns.
2. By
selling
or
pledging
personal
property
already
Elements
(2nd
Paragraph)
Art.
317:
Swindling
a
Minor
pledged,
or
any
part
thereof,
under
the
terms
1. The
thing
disposed
of
be
real
property
Elements:
of
the
Chattel
Mortgage
Law,
without
the
2. The
offender
knew
that
the
real
property
was
1. The
offender
takes
advantage
of
the
consent
of
the
mortgagee
written
on
the
back
encumbered,
whether
the
encumbrance
is
inexperience
or
emotions
or
feelings
of
a
minor
of
the
mortgage
and
noted
on
the
record
there
recorded
or
not
2. He
induces
such
minor
(1)
to
assume
an
of
in
the
office
of
the
register
of
deeds
of
the
3. There
must
be
express
representation
by
the
obligation,
or
(2)
to
give
release,
or
(3)
to
province
where
such
property
is
located.
offender
that
the
real
property
is
free
from
execute
a
transfer
of
any
property
encumbrance
3. The
consideration
is
(1)
some
loan
of
money,
Elements
(Knowingly
Removing
Mortgaged
4. The
act
of
disposing
of
the
real
property
be
(2)
credit,
or
(3)
other
personal
property
Personal
Property)
made
to
the
damage
of
another
4. The
transaction
is
to
the
detriment
of
such
1. That
personal
property
is
mortgaged
under
the
minor
Chattel
Mortgage
Law.
Elements
(3rd
Paragraph)
2. That
the
offender
knows
that
such
property
is
1. The
offender
is
the
owner
of
personal
property
Art.
318:
Other
Deceits
so
mortgaged.
2. Said
personal
property
is
in
the
lawful
Acts
Punished
3. That
he
removes
such
mortgaged
personal
possession
of
another
1. By
defrauding
or
damaging
another
by
any
property
to
any
province
or
city
other
than
the
3. The
offender
wrongfully
takes
it
from
its
lawful
other
deceit
NOT
mentioned
in
the
preceding
one
in
which
it
was
located
at
the
time
of
the
possessor
articles.
execution
of
the
mortgage.
4. Prejudice
is
thereby
caused
to
the
possessor
or
2. By
interpreting
dreams,
by
making
forecasts,
by
4. That
the
removal
is
permanent.
third
person
telling
fortunes,
or
by
taking
advantage
of
the
5. That
there
is
no
written
consent
of
the
credulity
of
the
public
in
any
other
similar
mortgagee
or
his
executors,
administrators
or
4th
Paragraph:
By
executing
any
fictitious
contract
manner,
for
profit
or
gain.
assigns
to
such
removal.
to
the
prejudice
of
another
5th
Paragraph:
By
accepting
any
compensation
for
services
not
rendered
or
for
labor
not
performed
36
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Elements
(Selling
or
Pledging
Personal
Property
Art.
324:
Crimes
involving
destruction
• PD
1613
is
the
governing
law
for
Simple
Arson
Already
Pledged)
Elements
of
crimes
involving
destruction
• Contemplates
the
malicious
burning
of
1. That
personal
property
is
already
pledged
1. The
offender
causes
destruction
public
and
private
structures,
regardless
of
under
the
terms
of
the
Chattel
Mortgage
Law.
2. Destruction
is
caused
by
any
of
the
ff.
means:
size,
not
included
in
Art.
320,
as
amended
2. That
the
offender,
who
is
the
mortgagor
of
such
a. Explosion
by
RA
7659,
and
classified
as
other
cases
of
property,
sells
or
pledges
the
same
or
any
part
b. Discharge
of
electric
current
arson
thereof.
c. Inundation,
sinking
or
stranding
of
a
vessel,
• These
include
houses,
dwellings,
3. That
there
is
no
consent
of
the
mortgagee
or
intentional
damaging
of
the
engine
of
government
buildings,
farms,
mills,
written
on
the
back
of
the
mortgage
and
noted
said
vehicle
plantations,
railways,
bus
stations,
airports,
on
the
record
thereof
in
the
office
of
the
d. Taking
up
the
rails
from
a
railway
track
wharves
and
other
industrial
register
of
deeds.
e. Maliciously
changing
railway
signals
for
the
establishments
safety
of
moving
trains
• Burning
of
houses
is
considered
simple
arson
Chapter
8:
Arson
and
Other
Crimes
Involving
f. Destroying
telegraph
wires
and
telegraph
Destruction
posts,
or
those
of
any
other
system
Attempted
Frustrated
Consummated
g. Using
any
other
agency
or
means
of
The
offender
The
person
is
Before
the
fire
Art.
320:
Destructive
arson
destruction
as
effective
as
those
above
commences
the
able
to
light
or
was
put
out,
it
Note:
Articles
320
-‐
326-‐B
are
repealed
or
amended
enumerated
commission
of
set
fire
to
the
had
burned
a
by
Presidential
Decree
No.
1613,
as
amended
by
the
crime
rags
but
the
part
of
the
Rep.
Act
No.
7659.
Art.
325:
Burning
one’s
own
property
as
a
means
to
directly
by
fire
was
put
building
• Art.
320,
as
amended
by
RA
7659,
contemplates
commit
arson
overt
acts
but
out
before
any
the
malicious
burning
of
structures,
both
public
he
does
not
part
of
the
and
private,
hotels,
buildings,
edifices,
trains,
Art.
326:
Setting
fire
to
property
exclusively
owned
perform
all
the
building
was
vessels,
aircraft,
factories
and
other
military,
by
the
offender
acts
of
burned
government
or
commercial
establishments
by
execution
(the
any
person
or
group
of
persons.
Art.
326-‐A:
In
case
where
death
resulted
as
a
setting
of
fire
• If
as
a
consequence
of
the
commission
of
any
of
consequence
of
arson
to
the
rags)
due
the
acts
penalized
under
Art.
320,
death
should
to
the
timely
result,
the
mandatory
penalty
of
death
shall
be
Art.
326-‐B:
Prima
facie
evidence
of
arson
intervention
of
imposed
(Amended
by
RA
9346
re:
death
PD
1613:
Amending
the
law
on
arson
another
who
penalty)
Arson
–
malicious
destruction
of
property
by
fire
chases
away
the
offender
Art.
321:
Other
forms
of
arson
Kinds
of
arson
1. Simple
Arson
(Sec.
1,
PD
1613)
Art.
322:
Cases
of
arson
not
included
in
the
2. Destructive
Arson
(Art.
320,
as
amended
by
RA
preceding
articles
7659)
3. Other
cases
of
arson
(Sec.
3,
PD
1613)
Art.
323:
Arson
of
property
of
small
value
37
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Chapter
9:
Malicious
Mischief
Qualifying
Circumstance:
TITLE
ELEVEN:
CRIMES
AGAINST
CHASTITY
1. Damage
shall
result
in
the
Derailment
of
Cars,
Art.
327:
Who
are
liable
for
Malicious
Mischief
Collision,
or
Other
Accident
Chapter
1:
Adultery
and
Concubinage
Elements
1. That
the
offender
Deliberately
caused
Damage
*Does
not
apply
when
the
telegraph
or
telephone
Art.
333:
Adultery
to
the
property
of
another
do
not
pertain
to
railways
Who
are
liable
2. That
such
act
does
not
constitute
arson
or
other
1. The
married
Woman
who
engages
in
Sexual
crimes
involving
destruction
Art.
331:
Destroying
or
Damaging
Statues,
Public
Intercourse
with
a
Man
not
her
husband
3. That
the
act
of
damaging
another’s
property
be
Monuments
or
Paintings
2. The
Man
who,
knowing
of
the
marriage
of
the
committed
merely
for
the
Sake
of
Damaging
it
Acts
Punished
woman,
has
Sexual
Intercourse
with
her
1. Any
person
who
shall
Destroy
or
Damage
Art.
328:
Special
Cases
of
Malicious
Mischief
Statues
or
any
other
Useful
or
Ornamental
Elements
(Qualified
Malicious
Mischief)
Public
Monuments
1. The
woman
is
married
Special
Cases
of
Malicious
Mischief:
2. Any
person
who
shall
Destroy
or
Damage
any
2. She
has
sexual
intercourse
with
a
man
not
her
1. Causing
damage
to
Obstruct
the
performance
Useful
or
Ornamental
Painting
of
a
Public
husband
of
Public
Functions
Nature
3. As
regards
the
man,
he
must
know
her
to
be
2. Using
any
Poisonous
or
Corrosive
substance
married
3. Spreading
any
Infection
or
Contagion
among
Chapter
10:
Exemption
From
Criminal
Liability
in
cattle;
or
Crimes
Against
Property
Pardon
(Elements)
4. Causing
damage
to
the
property
of
the
National
1. Before
institution
of
the
Criminal
Prosecution
Museum
or
National
Library,
or
to
any
archive
Art.
332:
Persons
Exempt
from
Criminal
Liability
2. Both
offenders
must
be
pardoned
or
registry,
waterworks,
road,
promenade,
or
Crimes
involved
in
Exemption
any
other
thing
used
in
Common
by
the
Public
1. Theft
Implied
Pardon
2. Swindling
1. When
there
is
Consent,
implied
or
expressed,
of
Art.
329:
Other
Mischiefs
3. Malicious
Mischief
the
husband,
he
cannot
institute
a
criminal
1. Arresto
Mayor
(med-‐max):
Damage
>
P1,000
complaint
for
adultery
2. Arresto
Mayor
(min):
Damage
P1000
<
x
<
P200
Persons
Exempted
3. Arresto
Menor
or
Fine:
Not
less
than
the
value
1. Spouses,
Ascendants
and
Descendants,
or
of
the
damage
caused
and
not
more
than
P200
Relatives
by
Affinity
on
the
same
line
2. The
Widowed
Spouse
with
respect
to
the
Art.
330:
Damage
and
Obstruction
to
Means
of
Property
which
belonged
to
the
Deceased
Communication
Spouse
before
the
same
shall
have
passed
to
the
possession
of
Another
Acts
Punished:
3. Brothers
and
Sisters
and
Brothers
in
Law
and
1. Any
person
who
shall
damage
any
Railway,
Sisters
in
Law,
if
living
together
Telegraph
or
Telephone
Lines
4. Stepfather,
Adopted
Father,
Natural
Children,
Concubine,
Paramour
included
as
ascendants
by
affinity
38
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
334:
Concubinage
Chapter
3:
Seduction,
Corruption
of
Minors
and
Art.
338:
Simple
Seduction
Who
are
liable
White
Slave
Trade
Elements
1. The
married
Man
1. The
offended
party
is
over
12
and
under
18
2. The
Woman
who
knew
that
the
man
was
Art.
337:
Qualified
Seduction
years
of
age
married
Acts
Punished
2. She
must
be
of
Good
Reputation,
Single
or
1. Seduction
of
a
Virgin
over
12
years
and
under
Widow
Elements
18
years
of
age
by
persons
who
abuse
their
3. The
offender
has
Sexual
Intercourse
with
her
1. The
man
must
be
Married
authority
or
the
confidence
is
reposed
4. Such
is
committed
by
means
of
Deceit
2. He
committed
any
of
the
following
acts:
2. Seduction
of
a
sister
by
her
brother
or
a. Keeping
a
mistress
in
the
Conjugal
Dwelling
descendant
by
her
ascendant,
regardless
of
her
Art.
339:
Acts
of
Lasciviousness
with
the
Consent
of
b. Having
Sexual
Intercourse
under
age
and
reputation
the
Offended
Party
Scandalous
Circumstances
with
a
woman
Elements
who
is
not
his
wife
(proof
of
actual
sexual
Elements
1. The
offender
commits
Acts
of
Lasciviousness
or
relation
not
required
as
long
as
it
can
be
1. The
offended
party
is
a
Virgin
Lewdness
inferred)
or
2. She
must
be
over
12
and
under
18
years
of
age
2. The
acts
are
committed
Upon
a
Woman
who
is
c. Cohabiting
with
her
in
any
Other
Place
(as
3. The
offender
had
Sexual
Intercourse
with
her
a
Virgin
or
Single
or
a
Widow
of
Good
husband
and
wife)
4. There
is
Abuse
of
Authority,
Confidence
or
Reputation,
under
18
years
of
age
but
over
12
3. As
regards
the
woman,
she
must
know
him
to
Relationship
on
the
part
of
the
offender
years,
or
a
Sister
or
Descendant
regardless
of
be
married
her
reputation
or
age
Offenders
3. The
offender
Accomplishes
the
acts
by
Abuse
of
Chapter
2:
Acts
of
Lasciviousness
Abused
Their
Authority
Authority,
Confidence,
Relationship
or
Deceit
1. Persons
in
Public
Authority
Art.
336:
Acts
of
Lasciviousness
2. Guardian
Art.
340:
Corruption
of
minors
Elements
3. Teacher
Acts
Punished
1. The
offender
commits
any
Act
of
Lasciviousness
4. Person
who,
in
any
capacity,
is
entrusted
with
To
Promote
or
Facilitate
the
Prostitution
or
or
Lewdness;
the
education
or
custody
of
the
woman
Corruption
of
persons
under
age
to
satisfy
the
lust
of
2. The
Act
of
Lasciviousness
is
committed
against
seduced
another:
a
person
of
Either
Sex
-‐ Under
Age:
under
18
yrs.
Old
3. It
is
done
under
the
following
circumstances:
Abused
Confidence
Reposed
in
Them
-‐ Victim:
of
good
reputation
a. By
using
Force
or
Intimidation
5. Priest
-‐ Not
necessary
that
the
unchaste
acts
shall
b. When
the
Offended
party
is
Deprived
of
6. House
Servant
have
been
done
since
what
is
being
punished
Reason
or
Otherwise
Unconscious
7. Domestic
is
mere
act
of
promotion
or
facilitation
c. By
means
of
Fraudulent
Machination
or
Grave
Abuse
of
Authority
Abused
Their
Relationship
d. When
the
offended
party
is
Under
12
Years
8. Brother
who
seduced
his
sister
of
age
or
Demented
9. Ascendant
who
seduced
his
descendant
10. A
“domestic”
39
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
341:
White
slave
trade
Chapter
5:
Provisions
Relative
to
the
Preceding
accomplices
with
abuse
of
authority
or
Acts
Punished
Chapters
of
Title
11
confidential
relationship
1. Engaging
in
business
of
prostitution
2. Profiting
by
prostitution
Art.
344:
Prosecution
of
the
crimes
of
adultery,
“Crimes
embraced
in
chapters
second,
third
and
3. Enlisting
services
of
women
for
prostitution
concubinage,
seduction,
abduction,
rape,
and
acts
fourth
of
this
title”
of
lasciviousness
1. Rape
Chapter
4:
Abduction
1. Adultery
and
concubinage
must
be
prosecuted
2. Acts
of
lasciviousness
upon
complaint
signed
by
the
offended
spouse
3. Qualified
seduction
Art.
342:
Forcible
abduction
2. Seduction,
abduction,
rape
or
acts
of
4. Simple
seduction
Abduction
–
the
taking
away
of
a
woman
from
her
lasciviousness:
prosecuted
upon
complaint
5. Acts
of
lasciviousness
with
consent
of
the
house
or
the
place
where
she
may
be
for
the
signed
by
offended
party
purpose
of
carrying
her
to
another
place
with
intent
a. Offended
party,
6. Corruption
of
minors
to
marry
or
to
corrupt
her
b. Her
parents,
7. White
slave
trade
Elements
c. Grandparents,
or
8. Forcible
Abduction
1. The
person
abducted
is
any
woman,
regardless
d. Guardians
in
the
order
which
they
are
9. Consented
Abduction
of
her
age,
civil
status,
or
reputation
named
above.
TITLE
12:
CRIMES
AGAINST
THE
CIVIL
STATUS
OF
2. The
abduction
is
against
her
will
PERSONS
3. The
abduction
is
with
lewd
designs
Art.
345:
Civil
liability
of
persons
guilty
of
crimes
against
chastity
Chapter
1:
Simulation
of
Births
and
Usurpation
of
Crimes
against
chastity
where
age
and
reputation
Civil
liability
of
persons
guilty
of
rape,
seduction
or
Civil
Status
of
victim
are
immaterial
abduction:
1. Rape
1. Indemnify
the
offended
woman
Art.
347:
Simulation
of
births,
substitution
of
one
2. Acts
of
lasciviousness
against
the
will
or
without
2. Acknowledge
the
offspring,
unless
the
law
child
for
another,
and
concealment
or
the
consent
of
the
offended
party
should
prevent
him
from
doing
so
abandonment
of
a
legitimate
child
3. Qualified
seduction
of
sister
or
descendant
3. In
every
case
to
support
the
offspring
Acts
punished
4. Forcible
abduction
1. Simulation
of
births
Art.
346:
Liability
of
ascendants,
guardians,
2. Substitution
of
one
child
for
another
Art.
343:
Consented
abduction
teachers
or
other
persons
entrusted
with
the
3. Concealing
or
abandoning
any
legitimate
child
Elements
custody
of
the
offended
party
with
intent
to
cause
such
child
to
lose
its
civil
1. The
offended
party
must
be
virgin
Persons
who
cooperate
as
accomplices
but
are
status
2. She
must
be
over
12
and
under
18
years
of
age
punished
as
principals
in
rape,
seduction,
3. The
taking
away
of
offended
party
must
be
with
abduction,
etc.
Requisites
of
concealing
or
abandoning
of
any
her
consent,
after
solicitation
or
cajolery
from
1. Ascendants
legitimate
child
offender
2. Guardians
1. The
child
is
legitimate
4. The
taking
away
must
be
with
lewd
designs
3. Curators
2. The
offender
conceals
or
abandons
such
child
4. Teachers
3. The
offender
has
the
intent
to
cause
such
child
5. Any
other
person,
who
cooperates
as
to
lose
its
civil
status
40
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
348:
Usurpation
of
civil
status
violence,
intimidation,
or
fraud,
the
4. The
imputation
must
be
directed
to
a
natural
or
• Usurping
the
civil
status
of
another
is
requirement
of
the
law
as
to
consent
is
not
juridical
person,
or
one
who
is
dead
committed
by
assuming
the
filiation,
or
the
complied
with
and
the
marriage
is
not
only
5. The
imputation
must
tend
to
cause
the
parental
or
conjugal
rights
of
another
illegal
but
is
classified
as
a
qualified
illegal
dishonor,
discredit
or
contempt
of
the
person
• Usurpation
of
profession
may
also
be
punished
marriage
defamed
• Civil
status
includes
one's
public
station,
or
the
rights,
duties,
capacities
and
incapacities
which
Art.
351:
Premature
marriages
Art.
354:
Requirement
for
publicity
determine
a
person
to
a
given
class
Persons
liable
• Malice
in
law
is
presumed
from
every
1. A
widow
who
married
within
301
days
from
the
defamatory
imputation
Qualifying
Circumstance
date
of
the
death
of
her
husband,
or
before
• Even
if
the
defamatory
imputation
is
true,
the
-‐
The
purpose
of
Defrauding
the
offended
party
having
delivered
if
she
is
pregnant
at
the
time
presumption
of
malice
still
exists,
if
no
good
of
his
death
intention
and
justifiable
motive
for
making
it
is
Chapter
2:
Illegal
Marriages
2. A
woman
who,
her
marriage
having
been
shown
annulled
or
dissolved',
married
before
her
Presumption
of
malice
is
rebutted,
if
it
can
be
Art.
349:
Bigamy
delivery
or
before
the
expiration
of
the
period
shown
by
the
accused
that:
Elements
of
301
days
after
the
date
of
the
legal
1. The
defamatory
imputation
is
true,
in
case
the
1. The
offender
has
been
legally
married
separation
law
allows
proof
of
the
truth
of
the
imputation,
2. The
marriage
has
not
been
legally
dissolved
or,
2. It
is
published
with
good
intention,
and
in
case
his
or
her
spouse
is
absent,
the
absent
Art.
352:
Performance
of
illegal
marriage
ceremony
3. There
is
justifiable
motive
for
making
it
spouse
could
not
yet
be
presumed
dead
Acts
Punished
according
to
the
Civil
Code
-‐
Priests
or
ministers
of
any
religious
denomination
Malice
is
not
presumed
in
the
following
(Privileged
3. He
contracts
a
second
or
subsequent
marriage
or
sect,
or
civil
authorities
who
shall
perform
or
communications)
4. The
second
or
subsequent
marriage
has
all
the
authorize
any
illegal
marriage
ceremony
shall
be
1. A
private
communication
made
by
any
person
essential
requisites
for
validity
punished
under
the
Marriage
Law
to
another
in
the
performance
of
any
legal,
moral
or
social
duty
(Art.
354,
no.1);
Art.
350:
Marriage
contracted
against
provisions
of
TITLE
13:
CRIMES
AGAINST
HONOR
2. A
fair
and
true
report,
made
in
good
faith,
law
without
any
comments
or
remarks,
of
any
Chapter
1:
Libel
judicial,
legislative,
or
other
official
proceedings
Elements
which
are
not
of
confidential
nature,
or
of
any
1. The
offender
contracted
marriage
Art.
353:
Definition
of
libel
statement,
report,
or
speech
delivered
in
said
2. He
knew
at
the
time
that
Elements
proceedings,
or
of
any
other
act
performed
by
a. The
requirements
of
the
law
were
not
1. There
must
be
an
imputation
of
a
crime,
or
of
a
public
officers
in
the
exercise
of
their
functions.
complied
with,
or
vice
or
defect,
real
or
imaginary,
or
any
act,
(Art.
354,
No.2)
b. The
marriage
was
in
disregard
of
a
legal
omission,
status
or
circumstance
impediment
2. The
imputation
must
be
made
publicly
3. It
must
be
malicious
Qualifying
Circumstance
• When
consent
is
obtained
by
means
of
41
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Art.
355:
Libel
by
means
of
writings
or
similar
Factors
that
determine
the
gravity
of
oral
persons
who
in
any
way
participate
in
or
have
means
defamation
connection
with
its
publication
• A
libel
may
be
committed
by
means
of:
1. Expressions
used
• Writing,
printing,
lithography,
engraving,
2. Personal
relations
of
the
accused
and
the
Art.
361:
Proof
of
the
truth
radio,
phonograph,
painting,
theatrical
offended
party
Proof
of
the
truth
is
admissible
in
any
of
the
ff.
exhibition,
cinematographic
exhibition,
or
3. Circumstances
surrounding
the
case
1. When
the
act
or
omission
imputed
constitutes
a
any
similar
means
4. Social
standing
and
position
of
the
offended
crime
regardless
of
whether
the
offended
party
party
is
a
private
individual
or
a
public
officer
Art.
356:
Threatening
to
publish
and
offer
to
2. When
the
offended
party
is
a
Government
prevent
such
publication
for
a
compensation
Art.
359:
Slander
by
deed
employee,
even
if
the
act
or
omission
imputed
Acts
Punished
Slander
by
deed
–
committed
by
performing
any
act
does
not
constitute
a
crime,
provided,
it
is
1. Threatening
another
to
publish
a
libel
which
casts
dishonor,
discredit,
or
contempt
upon
related
to
the
discharge
of
his
official
duties
concerning
him,
or
his
parents,
spouse,
child,
or
another
person
other
members
of
his
family
Requisites
of
defense
in
defamation
2. Offering
to
prevent
the
publication
of
such
libel
Elements
1. If
it
appears
that
the
matter
charged
as
libelous
for
compensation,
or
money
consideration
1. The
offender
performs
any
act
not
included
in
is
true
any
of
the
other
crimes
against
honor
a. An
act
or
omission
constituting
a
crime
Art.
357:
Prohibiting
publication
of
acts
referred
to
2. That
such
act
is
performed
in
the
presence
of
b. An
act
of
omission
of
a
public
officer
which,
in
the
course
of
official
proceedings
other
persons
although
not
constituting
a
crime,
is
Elements
3. That
such
acts
casts
dishonor,
discredit
or
related
to
the
discharge
of
his
duties
1. The
offender
is
a
reporter,
editor
or
manager
of
contempt
upon
the
offended
party
2. It
was
published
with
good
motives
a
newspaper
daily
or
magazine
• Whether
good
motives
exist
is
a
question
2. He
publishes
facts
connected
with
the
private
2
kinds
to
be
answered
by
the
court,
taking
into
life
of
another
1. Simple
slander
by
deed
consideration
the
intent
of
the
author
&
3. Such
facts
are
offensive
to
the
honor,
virtue
&
2. Grave
slander
by
deed,
which
is
of
a
serious
the
other
circumstances
in
the
case
reputation
of
said
person
nature
3. And
for
justifiable
ends
Art.
358:
Slander
Art.
360:
Persons
responsible
Art.
362:
Libelous
remarks
Slander
is
oral
defamation;
Committed
by
oral
Persons
responsible
Libelous
remarks
or
comments
on
matters
(spoken)
means,
instead
of
in
writing
1. The
person
who
publishes,
exhibits
or
causes
privileged,
if
made
with
malice
in
fact,
do
not
the
publication
or
exhibition
of
any
defamation
exempt
the
author
or
editor
2
kinds
of
oral
defamation
in
writing
or
similar
means
1. Simple
Slander
2. The
author
or
editor
of
a
book
or
pamphlet
2. Grave
slander,
when
it
is
of
a
serious
&
insulting
3. The
editor
or
business
manager
of
a
daily
nature
newspaper
magazine
or
serial
publication
4. The
owner
of
the
printing
plant
which
publishes
a
libelous
article
with
his
consent,
&
all
other
42
TONIC
Crimes Index
CRIM
REVIEW
BOOK
II
Chapter
2:
Incriminatory
Machinations
maliciously,
would
have
constituted
a
light
the
period
which
they
may
deem
proper
to
felony
apply
Art.
363:
Incriminating
innocent
person
2. When,
by
imprudence
or
negligence
and
with
Elements
Elements
(Reckless
imprudence)
violation
of
the
Automobile
Law,
the
death
of
a
1. The
offender
performs
an
act
1. The
offender
does
or
fails
to
do
an
act
person
shall
be
caused,
in
which
case
the
2. By
such
act
he
directly
incriminates
or
imputes
2. The
doing
of
or
the
failure
to
do
the
act
is
defendant
shall
be
punished
by
prision
to
an
innocent
person
the
commission
of
a
voluntary
correccional
in
its
medium
and
maximum
crime
3. It
be
without
malice
periods
3. Such
act
does
not
constitute
perjury
4. Material
damage
results
5. There
is
inexcusable
lack
of
precaution
on
the
Art.
364:
Intriguing
against
honor
part
of
the
offender,
taking
into
consideration
a. His
employment
or
occupation,
• Committed
by
any
person
who
shall
make
any
b. Degree
of
intelligence,
physical
condition,
intrigue
which
has
for
its
principal
purpose
to
and
blemish
the
honor
or
reputation
of
another
c. Other
circumstances
regarding
persons,
person
time
and
place
• Intriguing
against
honor
is
any
scheme
or
plot
by
means
which
consist
of
some
trickery
Elements
(Simple
Imprudence)
• Gossiping,
which
is
done
by
availing
directly
of
1. There
is
lack
of
precaution
on
the
part
of
the
spoken
words,
is
not
intriguing
against
honor
offender
2. The
damage
impending
to
be
caused
is
not
TITLE
14:
QUASI-‐OFFENSES
immediate
or
the
danger
is
not
clearly
Solo
Chapter:
Criminal
Negligence
manifested
Art.
365:
Imprudence
and
negligence
Quasi-‐offenses
under
Art.
365
are
committed
in
4
Qualifying
circumstance
ways
• Failing
to
lend
help
1. Committing
through
reckless
imprudence
any
• The
penalty
next
higher
in
degree
to
be
act
which,
had
it
been
intentional,
would
imposed
if
the
offender
fails
to
lend
on
the
spot
constitute
a
grave
or
less
grave
felony
or
light
help
to
the
injured
parties
felony
2. Committing
through
simple
imprudence
or
Penalties
provided
in
Art.
365
are
not
applicable
in
negligence
an
act
which
would
otherwise
the
ff.
cases:
constitute
a
grave
or
less
serious
felony
1. When
the
penalty
provided
for
in
the
offense
is
3. Causing
damage
to
the
property
of
another
equal
to
or
lower
than
those
provided
in
the
through
reckless
imprudence
or
simple
first
2
pars.
of
this
article,
in
which
case
the
imprudence
or
negligence
courts
shall
impose
the
penalty
next
lower
in
4. Causing
through
simple
imprudence
or
degree
than
that
which
should
be
imposed,
in
negligence
some
wrong
which,
if
done
43
TONIC
Crimes Index