CRIMINAL LAW II Tanya de la Cruz Ibanez

157. Evasion of service of sentence Special aggravating circumstance

Elements Quasi-recidivism cannot be offset by any ordinary mitigating

circumstance.
1. That the offender is a convict by final judgment
2. That he is serving his sentence which consists in CRIMES AGAINST PUBLIC INTEREST
deprivation of liberty
3. That he evades the service of his sentence by escaping Art 161. Counterfeiting the Great Seal of the Government, forging
during the term of his sentence the signature of stamp of the Chief Executive

Take note: Acts punished

1. During the period of appeal, if convict escapes, he is not 1. Forging the Great seal
liable under this article 2. Forging the signature of the President (There must be an
2. Minor delinquents are likewise not liable under this article attempt to make an imitation of the signature of the
President)
Qualifying circumstances 3. Forging the stamp of the President

1. Unlawful entry Art 162. Using Forged signature or counterfeit stamp

2. Breaking doors, gates, walls, etc
3. Using picklocks, false keys Elements
4. Connivance with other convicts/employees
1. The Great Seal of the Republic was counterfeited or the
Art. 158. Evasion of sentence on the occasion of disorders, signature or stamp of the Chief Executive was forged by
conflagrations, earthquakes or other calamities another
2. Offender knew of the counterfeiting or forgery
Elements 3. Offender uses the counterfeit seal or forged signature of
stamp.
1. Offender is a convict by final judgment who is confined in
a penal institution Art 163. Making and importing and uttering false coins
2. There is a disorder resulting from earthquake, explosion,
conflagration, etc. Acts punished
3. Offender evades the service of sentence
4. Offender fails to give himself up within 48 hours following 1. Making
the issuance of a proclamation by the Chief Executive 2. Importing
announcing the passing away of the calamity. 3. Uttering (in connivance with the counterfeiters or
importers)
Effects
Penalties depend on the coin
If offender fails to give himself up – suffer an increase of
1/5 of the time still remaining to be served under the 1. Phil/Central bank coin (10 centavo and above) – PM min to
original sentence (but not to exceed 6 months) med and fine
If offender gives himself up within 48 hours – deduction of 2. Phil/Central bank coin (below 10 centavo) – PC min to med
1/5 of his sentence and fine
3. Foreign currency – PC min
Take note: The prisoner who did not escape is not entitled to a
special allowance of 1/5 deduction of his sentence. Take note: Includes those coins out of circulation. The law does not
require that they be current coins.
Art 160. Quasi-recidivism
Counterfeit or false coin - Forged or not authorized legal tender;
Commission of another crime during service of penalty imposed for imitation of a genuine or legal coin.
another previous offense.
US v. Basco - The defendant did not make or attempt to make any
Elements alteration in the designs and inscriptions of the said coins.

1. Conviction of one offense At 164. Mutilation of Coins

2. Commits another felony before or while serving sentence
Acts punished
Take note: The second offense must be a violation of the RPC.
However, the first offense may be any crime. (You will be punished 1. Mutilating coins of the legal currency with intent to
with the maximum penalty of the new felony) damage or defraud another

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2. Importing or uttering mutilated coins in connivance with
the mutilator or importer
Applicable only to CURRENT CURRENCY (legal tender)
Coins of foreign currency not included
Mutilation – Take off part of the metal by filling it or substituting it
for another with inferior quality or to diminish by ingenuous means
the metal in the coin.
Take note: There must be intent to take advantage of the metal
abstracted.
Art. 165. Selling of false or mutilated coins without connivance
The offender must:
A person in possession of a falsified document and who makes use
of the same is presumed to be the material author of the
falsification.
But if the accused has a satisfactory explanation as to how he came
into possession, then the presumption does not arise.
Art 169. Forgery
Committed by:
1. Giving to a treasury or bank note or any instrument
payable to bearer or order the appearance of a true or
genuine document
2. By erasing, substituting, counterfeiting or altering by any
means the figures, letter, words or sign contained therein.

1. Possess the coin with intent to utter the same knowing the Art 170. Falsification of legislative documents
said coin to be counterfeit or mutilated
2. Must actually utter the same knowing that it is false or Elements
mutilated
1. A bill, resolution or ordinance is enacted, approved or
Take note: Coins NEED NOT be legal tender except when the coin pending approval by the house or council
involved is a mutilated coin. 2. Offender alters the same
3. No proper authority
Art. 166. Forging treasury or bank notes, obligations and securities; 4. Alteration changes the meaning of the bill
importing and uttering false or forged notes, obligations and
securities Take note:

Acts punished 1. Bill, resolution or ordinance may be enacted, approved or

pending approval.
1. Forging or falsification of 2. Legislature, provincial board, municipal council (city
A. Treasury or bank notes council)
B. Other obligations and securities payable to bearer
2. Importation of such notes Art. 171. Falsification by public officer, employee or notary or
3. Uttering such notes WITH CONNIVANCE ecclesiastical minister

Take note: Money bills are considered BANK NOTES Elements

Art. 167. Counterfeiting, importing and uttering instruments not 1. Offender is a public officer, employee or notary public
payable to bearer 2. That he takes advantage of his official position
3. That he falsifies a document under any of the 8 modes
Elements enumerated
A. Counterfeiting or imitating signature or handwriting
1. A document is payable to another B. Causing it to appear that persons have participated in
2. Offender counterfeits, imports or utters any act or proceeding when they did not
3. Uttering with connivance with forger or importer C. Attributing to persons who have participated in an act
other than those in fact made by them
Art. 168. Illegal possession and use of false treasury or bank notes D. Making untruthful statements in a narration of facts
and other instruments of credits E. Altering true dates
F. Making any alteration or intercalation in a genuine
Elements document which changes it meaning
G. Issuing in authenticated form a document purporting
1. Treasury or bank note, instrument payable to bearer, to be a copy of the original when no original exists
document of credit not payable to bearer is forged or H. Intercalating any instrument or note relative to the
falsified issuance thereof in a protocol, registry or official book
2. Offender knows
3. Offender (a) use or (b) possess with intent to use 4. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or
Presumption of forgery document of such character that its falsification may affect
the civil status of persons

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Falsification – The felony consists in falsifying a document (A 1. Offender makes in a private document statements in a
document is a written statement by which a right is established or narration of facts
an obligation extinguished 2. A legal obligation to disclose the truth of the facts narrated
3. Facts are absolutely false
Take note: It is not specified whether the document is public or not 4. Wrongful intent of injuring a third person

Offenders Take note: What is punished is a false narration of facts

and not an erroneous conclusion of law.
1. Public officer
2. Public employee Examples:
3. Notary Eligible – conclusion of law
4. Ecclesiastic minister (civil status of persons) Born of March 29, 1931 – narration of fact

Takes advantage of his official position Take note further: There must be a law that requires the
disclosure of the truth of the fact claimed to be false
The offender is considered to have taken advantage of his official
positions when:
Civil Service Commission v. Reynaldo
Respondent stated in his personal data sheet that he
1. He had the duty to make or prepare or otherwise
passed the career service profession exam when he did
intervene in the preparation of the document
not. Being an aspirant for a promotion, he had a legal
2. He had official custody of the document which he falsified
obligation to disclose the truth because the data sheet is
required in connection with the promotion.
There must be an original document falsified
Altering true dates – date must be essential
Making untruthful narration in a set of facts – the fact Maguad v. De Guzman
must be absolutely correct
There is no law which makes it a duty of an informant in a
record of birth to disclose the truth that the parents of the
PAR 1. Counterfeiting or imitating signature
child covered by it are married or not.
A. Intent or attempt to imitate
Take note:
B. The genuine and forged signatures bear some
resemblance with each other 1. If there is some colourable truth to the statement,
this element is not present.
Take note: If there is no resemblance, offender is only 2. Wrongful intent to injure is not essential in
falsification of public documents
liable under par 2
PAR 6. Making alteration or intercalation in a genuine document
PAR 2. Causing it to appear that persons have participated in any act
or proceeding when they did not which changes its meaning.

Elements: Alteration or intercalation must:

1. Change the meaning of the document

1. Offender causes it to appear in a document that a person
2. Make it speak something false
participated in an act or proceeding
2. The person did not in fact so participate
PAR 7. Issuing in authenticated form a document purporting to be a
copy of the original when no original exists
Take note: It is not necessary to counterfeit or imitate any
signature Two acts of falsification:

1. Issuing in authenticated form a document purporting

PAR 3. Attributing to persons who have participated in an act other
to be a copy of the original when no such original
than those in fact made by them exists
2. Issuing in authenticated form of a document
Elements:
purporting to be a copy of an original and including in
such a copy a statement contrary to or different from
1. A person participated in an act or proceeding
that of the genuine original.
2. The person made statements
3. The offender attributes to said person statements other
PAR 8. Intercalating any instrument or note relative to the issuance
than those in fact made by him
thereof in a protocol, registry or official book
PAR 4. Making untruthful statements in a narration of facts

Elements:
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Example: Custodian extracts an original of a marriage certificate and 1. Introducing in a judicial proceeding
replaces it with another so as not to disrupt the numbering of 2. Used in any other transaction
documents to help prove that no records of such marriage exists.
Take note: In No. 1, damage or intent to cause damage is
Art. 172. Falsification by a private individual and use of falsified not an element
documents
Presumption as to author
Three acts punished:
The rule that the possessor is presumed the author of the
1. Falsification of public, official or commercial documents by falsification is applicable when the use was:
a private individual
2. Falsification of private document by any person 1. So closely connected with the falsification
3. Use of falsified documents 2. User had the capacity to falsify

Falsification of public, official or commercial documents
Offender is a private individual
May be committed by a public official as long as he DID
NOT take advantage of his official position
Take note: If the user or possessor could adequately explain his
possession of the falsified document, this presumption will not
arise.
Art. 175. Using False certificates

Documents PAR 1. Punishes a physician or surgeon who issues a false certificate.

1. Public documents – created, executed or issued by a public
official in response to the exigencies of the public service
2. Official documents – issued by a public official in the
exercise of the functions of his office
3. Commercial documents – used by merchants or
businessmen to promote or facilitate trade or credit
transactions (regulated by the Code of Commerce)
4. Private documents – executed by a private person without
the intervention of a notary public or any legally authorzed
The certificate must be in connection with the practice of his
profession.
PAR 2. Punishes a public officer who issues a false certificate. The
certificate must be a certificate of merit, service, conduct or similar
circumstances
Art. 177. Usurpation of Authority or official functions
Acts punished

Falsification of private document 1. Knowingly and falsely representing oneself to be:

A. Officer
Elements: B. Agent
C. Representative of any department or agency of the
1. Offender commits any of the acts in Art 171 Philippine Govt or of any foreign govt.
2. Private document 2. Under pretense of official position, shall perform any act
3. Damage to a third party or intent to cause damage pertaining to any person in authority or public officer of
the Philippine Government of any foreign government or
Take note agency thereof.

1. Falsification may be a means to commit other crimes Nature of acts performed must pertain to:
2. Falsification of the document consummates falsification
which causing damage to a third party using falsified 1. Government
documents may be estafa 2. Any person in authority
3. Any public officer
No complex crime of estafa through falsification of a private Example: The act of issuing ID cards, under the AFAG.
document.
The representation must be positive, express and explicit
1. FALSIFICATION - If falsification was the means to obtain
money or other personal property 1. By not denying that one was a government agent when
2. ESTAFA - If falsification was used to conceal the introduced as such by another (No usurpation)
misappropriation of money 2. Blowing his whistle, stopping buses, ordering drivers to
step down from their vehicles and produce their driver’s
Take note: Falsification is not punishable because it was license (Usurpation is committed)
not the cause of the damage 3. Acting under color of title. (No usurpation)

Use of falsified documents Art. 178. Using fictitious name and concealing true name

Two acts punished: Acts punished:

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1. Using a fictitious name Take note: Must NOT be in a judicial proceeding

2. Concealing true name
Elements
Elements of using fictitious name:
1. Makes a statement under oath or executes an affidavit
1. Use of a name other than real name upon a material matter
2. Public use of fictitious name 2. Statement or affidavit made before a competent officer
3. Purpose: authorized to administer oaths
A. Conceal a crime 3. Willful and deliberate assertion of a falsehood
B. Evade execution of judgment 4. Statement or affidavit is required by law
C. Cause damage to public interest
From the mere fact and circumstance in evidence, it Material matter
appears established beyond a reasonable doubt that
the appellant used the name of another person for the 1. It is the main fact that is the subject of inquiry
purpose of deceiving the Government to obtain a 2. Any circumstance that tends to prove that fact
passport (US v. To Leep Piu) 3. Any fact or circumstance that tends to corroborate or
strengthen the testimony
Elements of concealing true name: 4. Which legitimately affects the credit of any witness who
testifies
1. That the offender conceals his true name and other
circumstances Authorized to receive or administer oath...
2. The purpose of to conceal his identity (CA No. 141 Anti-
Alias Law) “As members of said board they had a right to inquire into the
questions presented in the particular case submitted to it. They had a
Art. 180. False testimony against a defendant right to examine witnesses under oath. They had a right to
administer an oath to the witness examined. Such board therefore
Elements: constituted a tribunal “in a case in which the laws of the Philippine
Islands authorized an oath to be administered”
1. Criminal proceeding
2. Offender testifies falsely against defendant Knowingly making untruthful statements...
3. Defendant is acquitted or convicted
A. At least a correctional penalty (light penalty would Perjury being a felony by dolo, there must be malice on the part of
not make one liable) the accused. Willfully means intentionally, with evil intent and legal
B. A fine or malice, with consciousness that the alleged prejurious statement is
C. Acquitted (the testimony need not be credible) false with the intent that it should be received as a statement of
what was true in fact. It is equivalent to “knowingly”. Deliberately
Art. 181. False testimony favourable to the defendant implies meditated as distinguished from “inadvertent facts”. It must
appear that the accused knows his statement to be false or is
As long as the offender gave false testimony in favour of the consciously ignorant of its truth. (Monfort v. Salvatierra)
defendant, the offender is liable.
Required by law = for a legal purpose
Take note: Conviction or acquittal is UNNECCESSARY. (Penalty is
based on the penalty imposable in the proceeding where the false Four elements that comprise the crime of perjury:
testimony is given)
1. Accused made a statement under oath on a material
Art. 182. False testimony in civil cases matter
2. The statement was made before a competent officer,
Elements: authorized to receive and administer oaths
3. Accused made a wilful and deliberate assertion of a
1. Testimony given in a civil case falsehood in the statement
2. Testimony must relate to the issues 4. The sworn statement containing the falsity is required by
3. Testimony must be false law or made for a legal purpose
4. Knowledge of falsity
5. Malicious and given with an intent to affect the issues Take note: A conviction for perjury cannot be sustained merely upon
the contradictory sworn statements of the accused. The prosecution
Art. 183. False testimony in other cases and perjury in solemn must prove which of the two statements i false and must show the
affirmation statement to be false by other evidence than the contradicting
statement.
Two ways of committing perjury
Art. 184. Offering false testimony in evidence
1. Falsely testifying under oath
2. Making a false affidavit Elements
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1. Offender offered in evidence a false witness or testimony Infringement

2. He knew the witness or testimony was false
3. Offer was made in a judicial or official proceeding Mark may refer to trademark (goods) or service mark (services)

Take note: Offender DOES NOT induce the witness. Marks - distinguish the goods or services of one person from that of
another and to indicate the origin or ownership.
Art. 187. Importation and disposition of falsely marked articles or
merchandise made of gold, silver and other precious metals or Elements:
alloys
1. Validity of plaintiff’s mark
Elements 2. Plaintiff’s ownership of the mark
3. Use of the mark or its colourable imitation by the offender
1. The offender imports, sells or disposes of articles or likely to cause confusion
merchandise made of gold, silver or other precious metals
or alloys Registration with the IPO – certificate of registration prima facie
2. The merchandise or article fails to indicate the actual evidence of:
fitness or quality
3. Offender knows that the article or merchandise fails to 1. Validity of registration
indicate such fitness or quality 2. Ownership of mark
3. Exclusive right to use mark
RA 8293 Intellectual Property Code
Colorable imitation
The three more common or relevant criminal offenses under the IPC
Such a close or ingenious imitation as to be calculated to deceive
1. Infringement ordinary purchasers or such resemblance of the infringing mark to
2. Unfair competition the original as to deceive an ordinary purchaser and cause him to
3. False designation and description or representative purchase one supposing it to be the other.

Art. 189. Unfair competition Colorable imitation is not identity

Acts punished Colorable imitation does not mean such similitude as amounts to
identity. Nor does it require that all the details be literally copied. It
1. Unfair competition refers to such similarity in form, content, words, meaning or special
2. Fraudulent designation of origin or false description arrangement or general appearance of the trademark with that of
3. Fraudulent registration the other as would likely mislead or confuse persons in the ordinary
course of purchasing the genuine article.
Unfair competition
CRIMES AGAINST PUBLIC MORAL
Any person who has identified in the mind of the public the gods he
manufactures or deals in, his business or services from those of Art. 195. Gambling and Betting
others, whether or not a registered mark is employed, has a
property right in the goodwill of the said goods, business or service PD 1602 Gambling
so identified.
Acts punished:
Elements:
1. Taking part (in/directly) in any illegal or unauthorized
1. Confusing similarity in the general appearance of the activities or games
goods 2. Illegal gambling includes activities that depend upon skill
2. Intent to deceive where betting is conducted
A. Any person who shall permit illegal gambling to be
Take note: The essence of unfair competition is the passing off carried on
of one’s goods, business or services for that of another who has B. Maintainer or conductor
established goodwill of said goods.
Maintainer is the person who sets up and furnishes the means with
False designation which to carry on the gambling game or scheme

Any person who, in connection with any goods or services or any
container for goods, uses in commerce, any word, term, name,
symbol or device or any false designation of origin false or
misleading description of fact, or false or misleading representation
of fact; Likely to cause confusion or deceive as to affiliation or
association of such person with another person
Conductor is the person who manages or carries on the gambling
game or scheme
Take note: Security guard, watchman of hotels, villages, building
which have the reputation of a gambling place or where gambling
activities are being held.

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RA 9287 increased penalties for number games (ex. Jueteng and o In theatres, fairs, cinemas exhibit indecent or
masio) immoral plays
Glorify criminals
Art. 199. Illegal cockfighting
Serve lust
PD 499 Cockfighting law of 1974 Offend any race, or religion
Tend to abet traffic in the use of
Cockfighting allowed only in a licensed cockpit during: prohibited drugs
Contrary to law, public order, morals,
1. Sundays and legal holidays
etc
2. Local fiestas (not more than 3 days)
3. Province, city, municipality, agriculture, commercial or Those who give away prints, engravings, sculptures,
industrial fairs, carnivals, or exposition upon resolution of literatures which are offensive to morals
local legislation upon approval of Chief of Constabulary of
rep. Test of obscenity
4. To entertain foreign dignitaries or tourists “Balikbayans”
fund-raising campaigns for charitable purposes 1. Whether the tendency of the matter charged as obscene is
to deprave or corrupt those whose minds are open to such
Art. 200. Grave scandal
immoral influences, and into whose hands such
Elements publication may fall (Fernando v. CA)
2. Whether or not such publication or act shocks the ordinary
1. Offender performs an act and common sense of men as indecency
2. Act is highly scandalous 3. When it is pictures – the test is motive of the picture,
3. Act is not any other felony whether it is pure or impure or calculated to excite impure
4. Public knowledge
imaginations.
Case of Samaniego 4. In paragraph 3, “give away” means to distribute to the
public
Evidence:
Art. 202. Vagrants and prostitutes
Seen together at the botanical gardens
Looking for a house to rent Offenders:
Talking at the sidewalk
1. One who neglects to apply himself to some lawful calling,
Only the cochero and one daughter saw accused Samaniego at the
if physically able to
lower level of the house wearing only his drawers.
2. One who loiters around public or semi-public buildings or
Art. 201. Immoral Doctrines, obscene publications and exhibitions places or tramping or wandering around (without visible
and indecent shows means of support)
3. Idle or dissolute persons who lodges in houses of ill-repute
Elements and ruffians or pimps who habitually associate with
1. The materials, publication, picture of literature are prostitutes
obscene 4. One who loiters in inhabited or uninhabited places without
2. The offender sold, exhibited, published or gave away such any lawful or justifiable purpose
materials 5. Prostitutes

PP v. Kottinger Vagrancy decriminalized

The word “obscene” and the term “obscenity” may be defined as RA No. 10158 April 2012 decriminalized vagrancy – all pending cases
meaning something offensive to chastity, decency or delicacy.
dismissed, all serving sentence released
“Indecency” is an act against good behaviour and just delicacy.

Take note: Another test of obscenity is that which shocks the Prostitutes
ordinary and common sense of men as an indecency
Elements:
Publicly expound or proclaim doctrines openly contrary to
public morals 1. Women
Authors of obscene literatures 2. Engage in sexual intercourse or lascivious conduct
o Publication must be with THEIR KNOWLEDGE 3. Habitual
4. For money or profit
RA 9208
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Art. 203. Public officers
“Every public servant from the highest to the lowest” Maniego vs. PP 88 phil
494
Requisites to be a public officer
1. Taking part in the performance of public functions in the
government
2. That his authority to take part it he performance of public
functions or to perform public duties must be
A. By direct provision of law
B. By popular election
C. By appointment by competent authority
Examples:
1. Swimming instructor at UP Los Banos
2. Fiscal Analyst for the City of Zamboanga
Art. 210. Direct Bribery
1. Agree to perform an act constituting a crime, in
connection with the performance of his official duties, in
consideration of any offer, promise gift or present.
2. Accepting a gift in consideration of the execution of an act
which does not constitute a crime
3. Agreeing to refrain or refraining from doing something
which was his official duty to do in consideration of a gift
or promise of a gift.
Elements
1. Public officer
2. Accepts an offer or promise or accepts gift or present
3. Offer, promise, gift, present is received to:
A. Commit some crime
- Not necessary that offender accepts the gift
- Sufficient that offer was accepted
- If public officer does not accept the offer, only
the person making the same is liable
- Mere promise to perform the act is sufficient to
consummate the felony
- If offender actually commits the crime, he shall
suffer the corresponding penalty thereto in
addition to the penalty for direct bribery
B. In consideration of some act not a crime
- Essential that gift be accepted
- An acceptance of an offer or promise is not
sufficient
- Mere agreement to execute the act is not
sufficient. Either the offender accomplishes the
act or at least commences the same by overt
acts.
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C. Refrain from doing his official duty
If the failure to perform the official duty shall also
constitute a crime the offender shall be liable under
par 1.
Example: A prosecutor who shall prosecute a case in
consideration of a gift or promise of a gift.
4. Act is connected with his official duties
However, where the act is entirely outside of the official
functions of the officer to whom the money is offered, the
offense is not bribery.
Art. 211. Indirect Bribery
Elements
1. Public officer
2. Accepts gifts
- There must be a clear intention on the part of the
public officer to take the gift so offered and consider
the same as his own property from then on, such as
putting away the gift for safekeeping or pocketing the
same.
3. Gifts were offered by reason of his office
Take note:
If public officer accepts a promise of gifts made to him by
reason of his office, he is not liable under this article
Indirect bribery does not have attempted or frustrated
stages
The essential ingredient of indirect bribery as defined in
Article 211 of the Revised Penal Code is that the public
officer concerned must have accepted the gift or material
consideration. Mere physical receipt unaccompanied by
any other sign, circumstance or act to show that the crime
of indirect bribery has been committed is not sufficient. To
hold otherwise will encourage unscrupulous individuals to
frame up public officers by simply putting within their
physical custody some gift money or other property
(Formilleza vs. Sandiganbayan).
Qualified bribery
Elements
1. Public officer entrusted with law enforcement
2. Refrains from arresting or prosecuting an offender who
has committed a crime punishable by RP and/or death
3. In consideration of any promise, gift or reward.
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Art. 212. Corruption of Public Officials The vital fact is not so much the manner in which appellant could
lawfully perform his duties in relation to said funds as the fact that
Elements he received money belonging to the government for which he was
bound to account.
Offender makes offers or promises or gives gifts or
presents to a public officer Notes
Under circumstances as to make the officer liable for
direct bribery or indirect bribery Take note that it is the nature of the duties of public
officer and not the title to it (i.e. even if the officer is a
Art. 213. Frauds and illegal exactions clerk, so long as there is a duty to account for funds, he
could still be liable)
Elements of Frauds against public treasury
When public officer does not have authority to receive
money, the crime is estafa and not malversation
1. Public officer
Misappropriation of funds with which the officer only has
2. He intervened with color of office
qualified charge is not malversation but theft
3. He enters into agreement in
Private individuals could be held accountable when in
Finishing supplies
conspiracy with public officers
Making contract
US vs. Wickersham – defined the “qualified charge”
Adjustment of account related to public funds
arguing that when the officer could not disburse such
4. Intention to defraud the government
funds without any order from superior authority, cannot
Art. 217. Malversation of public funds or property be held accountable for malversation
Private property may be involved in malversation – the
Acts punished gravamen of the offense is that a public officer has
custody either as administrator or depository of the funds
1. Appropriating and therefore, misappropriation of the same is still
2. Taking or misappropriating malversation
3. Consenting or though abandonment or negligence, Should there be misappropriation of funds before an
permitting other persons to take public funds or property officer may be held accountable?
4. Otherwise guilty of misappropriation or malversation 1. No. It is enough that there is taking.
Negligence is the omission to do something which a
Take note: Failure to produce funds upon demand is a prima facie
reasonable man, guided by those considerations which
evidence that he has put such funds to personal use.
ordinarily regulate the conduct of human affairs, would
Penalty for malversation is the same whether committed do, or the doing of something which a prudent and
intentionally or through negligence. reasonable man would do.
Malversation which is not done thru negligence may
Elements accept the defense of good faith.
Return of malversed funds is only mitigating
1. Public officer 1. However, such refund must be “prompt refund
2. He has custody/control of funds by reason of public office of shortage”
3. Public funds Even if the person returns the money, he will still be liable
4. He took, misappropriated, or through abandonment or for the amount subject of malversation
negligence permitted another person to take them The felony involves breach of public trust, and whether it
is committed through deceit or negligence, the law makes
Qualified charge it punishable and prescribes a uniform penalty therefor.
Even when the information charges willful malversation,
He had no authority of his own volition to withdraw funds from the
conviction for malversation through negligence may still
safe upon any pretext whatever. The funds were placed in the safe
be adjudged if the evidence ultimately proves that mode
and could only be taken from it by his superior officer or by his
of commission of the offense. The only distinction is the
order. Defendant’s possession of the key and the combination of the
modality of the offense (People vs. Jose Ting Lan Uy)
safe gave him no control over the contents. (US v. F. Wicker Sham)
Art. 220. Illegal use of public funds or property
Accountable officer
Elements

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1. Public officer Convict – evasion of service of sentence

2. Presence of funds or property under his administration
3. Funds or property has been appropriated by law or Detention prisoner – no liability
ordinance
Take note:
4. That he applies it to public use other than that for which
such fund has been appropriated for
Only distinction is that there is no connivance but negligence
Even if prisoner be later on captured, it does not completely
Art. 222. Private Individuals are included in malversation
exculpate the offender
Shall apply to private individuals who in any capacity whatever, have
Art. 225. Escape of Prisoner under the custody of a person not a
charge of public funds, revenues or property
public officer
Take note: Private property may be subject of this provision
Elements
provided the same has been seized, attached or deposited by public
authority.
1. Private person
2. Conveyance of a prisoner is confided to him
Presumption of personal use
3. Escape
The failure of a public officer to have duly forthcoming any public 4. Consent or negligence
funds or property with which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie evidence that he has put
such missing funds of property to personal uses. (Art 217)
Take note: Same circumstances in 223 or 224 with the only
distinction that the one in charge is a private person confided with
Art. 223. Conniving with or consenting to evasion
the custody of a detention prisoner or person under arrest
A public officer in charge with the custody of a detention prisoner or
Art. 235. Maltreatment of prisoners
prisoner by final judgment who escapes from his custody and he was
in connivance with such prisoner in the latter’s escape
Offender is a public officer who has under his charge a prisoner.

Elements
Maltreatment consists in:
1. Public officer
1. Overdoing the correction or handling of prisoners
2. Custody/charge of a prisoner
- Punishments not authorized
3. Prisoner escapes
- Authorized punishments in a humiliating manner
4. Connivance
2. Extort a confession or obtain information
RA 9745 Anti-torture act
Leniency or laxity is not infidelity
Art. 245. Abuses against chastity
Relaxation of imprisonment is considered infidelity (i.e. instead of
making the prisoner sleep in police station, the guard allowed him to
The felony consists in:
sleep in former’s house)
1. Soliciting or making immoral or indecent advances to a
Art. 224. Evasion through negligence
woman.
2. It can also be done to a wife, daughter, sister or relative
Elements
within the same degree of affinity of the person in
1. Public officer custody. (mother is not included)
2. Charged with conveyance or custody of a prisoner
Offenders:
3. Escapes through negligence
1. Any public officer before whom matters for decision are
Negligence – it is only that positive carelessness that is short of
pending or with respect t which he is required to submit a
deliberate non-performance of his duties as guard that is the
report to, or consult with a superior officer
gravamen of the crime of infidelity.
2. A warden or public officer charged with care and custody
Liability of escaping prisoner of prisoners or persons under arrest

Art. 246. Parricide

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In this felony, the person killed must be: The killing or serious physical injuries must be committed while the
wife or daughter is in the act of sexual intercourse or immediately
1. Father thereafter.
2. Mother
3. Child Take note:
* 1-3 Whether legitimate or illegitimate
4. Other ascendants or descendants who must be legitimate Art. 247 must be set up by the defense
5. Spouse who must be legitimate if the offender If daughter is married, Art. 247 can only be used by the
husband as a defense
Relationship by blood Surprise means “suddenly and unexpectedly” during the act
or immediately thereafter
What distinguishes parricide from other felonies involving Necessary that sexual intercourse must be established
destruction of life is the element of relationship by blood. The discovery, the pursuit and the killing must all for part of
one continuous act
Take note:
People vs Bituanan – sleeping together is not appreciated
People vs. Gonzales – done having intercourse and fixing self
1. Even in the case of legal adoption, the killing of an adopted
is not appreciated
child is not parricide as the relationship is not by blood.
2. Knowledge of such relationship by the offender is NOT
Art. 248. Murder
required.
3. 2nd wife of Muslim is not legitimate, thus, no parricide (Pp The unlawful killing of another which is not parricide or infanticide,
vs Subano) with the presence of any of the six circumstances enumerated.
4. However, Art. 33 of Family Code recognizes such marriage
as valid and therefore, parricide will lie. 1. Treachery 5. Evident premeditation
2. Price 6. Cruelty
Art. 247. Death or physical injuries inflicted under exceptional 3. Inundation
circumstances 4. Calamities

Preliminary requisites Take note

1. Legally married person with respect to his or her spouse Even without intent to kill, killing attendant with treachery
2. Parents with respect to daughters is still murder
- Legitimate or illegitimate When circumstances in Art. 248 are present, only one of
- Under 18 years of age them can be qualifying and all the others are generic
- Living with them aggravating
3. Kills any or both of them If others can be absorbed in the qualifying circumstance,
4. He has not promoted the prostitution of his wife or they will not be considered as generic aggravating
daughter
Art. 249. Homicide
Common requisite
Elements
1. The married person or parent surprises the spouse or
daughter in the act of sexual intercourse 1. A person was killed
2. The accused killed him without any justifying circumstance
2. The spouse or daughter and their paramour or seducer are 3. The accused had the intention to kill, which is presumed
killed or serious physical injuries are inflicted upon them by 4. The killing was not attended by any of the qualifying
the married person or parent. circumstance of murder or by that of parricide

Not a felony, no penalty
Art 247 of the RPC does not define a crime. Inflicting death under
exceptional circumstances is NOT murder. Punishment is not
inflicted upon the accused. He is banished but that is intended for
his protection.
Intent to kill – specific intent which the prosecution must prove by
direct or circumstantial evidence (Intent to kill is conclusively
presumed when the victim dies)
General criminal intent – presumed from the commission of a
felony by dolo

In the act or immediately thereafter Establishing intent to kill

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1. Means used by the malefactor Take note: A pregnant woman who tries to drink poison but instead
2. Nature, location and number of wounds of dying kills the foetus instead cannot be held liable for abortion
3. Motives of the accused (suicide is not a criminal offense)
4. Conduct of the malefactors before, at the time or after the
killing Art. 254. Discharge of firearms

Take note: Elements

Intent to kill must be proved when it is in frustrated or 1. The offender discharges a forearm against or at another
attempted stages person
No frustrated homicide thru negligence or imprudence 2. That the offender has no intention to kill that person
because intent to kill must be proved
Take note: It is not necessary that the firearm was pointed at the
If there is intent/dolo it follows that there can be no culpa
victim at the actual time of discharge. It is sufficient that the firearm
Use of unlicensed firearm is aggravating
was pointed at the victim prior to the actual discharge.
Art. 251. Death caused in a tumultuous affray
There must be intent to kill. The purpose is to intimidate or frighten
Several persons not comprising organized groups quarrelled and the victim.
assaulted one another in a tumultuous manner resulting to the
Art. 255. Infanticide
death of someone, which death cannot be determined who inflicted,
but person or persons who inflicted serious physical injuries or
Elements
violence can be identified.
1. A child is killed
Elements
2. The child is less than 3 days (72 hours) of age
3. The offender killed the child
1. Several individuals involved that do not constitute
organized groups
Take note:
2. They fight in a confused and tumultuous manner
3. Someone is killed in the fight and the one responsible Mitigating circumstance in concealing dishonour is only for
cannot be ascertained the mother or maternal grandparents
o The one who killed the child must be proven to
Offender
be of good moral character, otherwise, no honor
is to be concealed
1. One who inflicted serious physical injuries on the victim
When a child was born dead, or although born alive, could
2. One who used violence on the victim
not sustain an independent life when it was killed would
* Victim need not be a participant in the fight.
not result to infanticide
Take note: If it cannot be identified who inflicted serious physical
injuries, everyone who inflicted violence

Art. 253. Giving Assistance to suicide

The scenarios are:

1. A person assists another to commit suicide and the suicide

is consummated (PM)
2. A person assists another to commit suicide and the suicide
is not consummated (AM med-max)
3. A person assists another to commit suicide by doing the
killing himself and the suicide is consummated (RT)
4. A person assists another to commit suicide by doing the
killing himself and the suicide is no consummated (one or
2 degrees lower than RT)

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