REVISED PENAL CODE
• Interpretation by analogy is NOT allowed.
FUNDAMENTAL PRINCIPLES
CRIMINAL LAW
It is that branch or division of law which defines
crimes, treats of their nature, and provides for
their punishment (Reyes, Luis B. “The Revised
Penal Code: Criminal Law,” 2012, p. 1).
CRIME
It is an act committed or omitted in violation of a
public law forbidding or commanding it.
KINDS OF CRIME:
1. FELONY:
It is a crime punished under the RPC.
2. OFFENSE
It is punished under a special penal law.
3. INFRACTION
It is punished by an ordinance.
SOURCES OF PHILIPPPINE PENAL LAWS
1. Act No. 3815 (Revised Penal Code) and its
amendments;
2. Special Penal Laws passed by the
legislative branch of the government; and
3. Presidential Decrees.
NOTE:
Common law crimes are NOT recognized in the
Philippines. Unless there be a particular
provision in the RPC or special penal law that
defines and punishes the act, even if it be
socially or morally wrong, no criminal liability is
incurred by its commission (Reyes, ibid.).
RULES ON CONSTRUCTION
OF PENAL LAWS
• Penal laws are liberally construed in favor of
the accused and strictly against the
Government.
• The Spanish text of the RPC is controlling
because it was approved by the Philippine
Legislature in its Spanish text.
• DOCTRINE OF PRO REO:
In dubio pro reo. When in doubt, rule for the
accused.
• RULE OF LENITY
Whenever a penal law is construed and
admits of two possible interpretations, that
which is more lenient or more favorable to
the accused will be adopted.
THEORIES IN CRIMINAL LAW
1. CLASSICAL THEORY
The basis of criminal liability is human
freewill and the purpose of penalty is
retribution.
Man is essentially a moral creature with an
absolute free will to choose between good
and evil. It thereby places more stress upon
the effect or result of the felonious act done
upon the man, the criminal himself.
It has endeavored to establish a mechanical
and direct proportion between crime and
penalty.
There is scant regard to the human element.
2. POSITIVIST THEORY
That man is subdued occasionally by a
strange and morbid phenomenon which
constrains him to do wrong in spite of or
contrary to his volition.
Crime is essentially a social and natural
phenomenon, and as such, it cannot be
treated and checked neither by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment, fixed and determined a priori,
rather through the enforcement of individual
measures in each particular case.
3. MIXED or ECLECTIC THEORY
This combines both positivist and classical
thinking.
1
 Crimes that are economic and social in
nature should be dealt with in a positivist
manner, thus the law is more
compassionate.
Heinous crimes should be dealt with in a
classical manner, thus capital punishment.
CHARACTERISTICS OF CRIMINAL LAW
1. General;
2. Territorial; and
3. Prospective.
GENERALITY
GENERAL RULE:
Criminal law is binding on all persons who live or
sojourn in Philippine territory (Article 14, NCC).
EXCEPTIONS: T I P
1. Treaties or treaty stipulations
Example: RP-US “Visiting Forces Accord”
signed on February 10, 1998, in which the
Philippines agreed that:
• US military authorities shall have the
right to exercise within the Philippines all
criminal and disciplinary jurisdiction
conferred on them by military law of the
US over US military personnel in RP.
• US authorities exercise exclusive
jurisdiction over US personnel with
respect to offenses, including offenses
relating to the security of the US
punishable under the law of US, but not
under the laws of RP.
• US military authorities shall have the
primary right to exercise jurisdiction over
US personnel subject to the military law
of the US in relation to: (1) offenses
solely against the property of person of
US personnel; and (2) offenses arising
out of any act or omission done in
performance of official duty.
2. Those exempted by virtue of the
principles of public international law
Heads of states and other diplomatic
representatives (e.g. ambassadors,
ministers plenipotentiary, ministers resident,
and charges d’affaires) are immune from the
criminal jurisdiction of the country where they
reside, sojourn, or are assigned.
EXCEPTION TO THE EXCEPTION:
The diplomat (or entity otherwise immune)
commits a felony NOT in the exercise of his
official functions.
RULE AS TO CONSULS:
Consuls, vice-consuls, and other commercial
representatives of foreign nations do not
possess the status of and CANNOT claim
the privileges and immunities accorded to
ambassadors and ministers, EXCEPT when
there is a treaty to the contrary.
3. Laws of preferential application
These laws recognize the immunities, rights
and principles of duly-accredited foreign
diplomatic representatives of one state to
another state.
Example: Under Section 4, R.A. No. 75,
ambassadors, public ministers, or domestic
servants of any such ambassador or minister
are exempt from arrest and imprisonment
and from distraint, seizure or attachment of
their properties.
Exceptions to the application of R.A. 75:
(a) When the foreign country adversely
affected does not provide similar
protection to our diplomatic
representatives (pursuant to the principle
of reciprocity);
(b) When the person against whom the
process is issued is a citizen or
inhabitant of the Philippines, in the
service of the ambassador or a public
minister, and the process is founded
upon a debt contracted BEFORE he
entered service; and
(c) When the person against whom the
process is issued is a domestic servant
of the ambassador or public minister,
UNLESS name of the servant has been
registered in the DFA, and such is
transmitted to the Chief of Police of the
City of Manila, who shall upon receipt
thereof post the same in some public
place or office.
2
 TERRITORIALITY
GENERAL RULE:
Criminal laws undertake to punish crimes
committed within the Philippine territory.
• Penal laws of the Philippines are enforceable
only within its territory.
• Even the embassy premises of a foreign
power are to be considered outside the
territorial domain of the host state. The
ground occupied by an embassy is not in fact
the territorial domain of the foreign State to
which the premises belongs through
possession or ownership. The lawfulness or
unlawfulness of acts there committed is
determined by the territorial sovereignty
(Reagan vs. CIR; December 27, 1969).
EXCEPTIONS: Article 2, RPC
PROSPECTIVITY
GENERAL RULE:
Penal law does NOT have any retroactive effect.
Penal laws cannot make an act punishable in a
manner on which it was not punishable when
committed.
EXCEPTION:
When the new law establishes a condition that is
more lenient or favorable to the accused, it may
be given retroactive effect.
EXCEPTIONS TO THE EXCEPTION:
1. The new law is expressly made inapplicable
to pending actions and existing causes of
action; and
2. Offender is a habitual delinquent.
LIMITATIONS ON THE POWER OF THE
LEGISLATURE TO ENACT PENAL LAWS
1. Penal laws must be GENERAL in
application; otherwise, it would violate the
equal protection clause in the Constitution.
No person shall be deprived of life, liberty or
property without due process of law or equal
protection of the laws (Section 1, Article III,
1987 Philippine Constitution).
2. No person shall be held to answer for a
criminal offense without DUE PROCESS of
law (Section 14(1), Article III, ibid.)
3. Penal laws must NOT impose cruel and
unusual punishment or excessive fines
(Section 19, Article III, ibid.)
REPUBLIC ACT NO. 9346
(An Act Prohibiting the Imposition of
Death Penalty in the Philippines)
Imposition of the death penalty is currently
prohibited under R.A. 9346.
In lieu of the death penalty, the following
shall be imposed:
• The penalty of reclusion perpetua when
the law violated makes use of the
nomenclature of the penalties of the
Revised Penal Code;
• The penalty of life imprisonment, when
the law violated does not make use of
the nomenclature of the penalties of the
RPC (Sec. 2, R.A. 9346).
Basis: This is for justice because the State
has an existence of its own to maintain, a
conscience to assert and moral principles to
be vindicated. Penal justice rests primarily on
the moral rightfulness of the punishment
imposed (Gregorio, “Fundamentals of
Criminal Law,” 2008).
NOTE: Persons convicted of offenses
punished with reclusion perpetua or whose
sentences will be reduced to reclusion
perpetua by reason of R.A. 9346 shall NOT
be eligible for parole under the Indeterminate
Sentence Law.
4. No ex post facto law or bill of attainder
shall be enacted (Sec. 22, Article III, ibid.).
EX POST FACTO LAW
It is one which: MACARD
(a) Makes criminal an act done before the
passage of the law and which was
innocent when done, and punishes such
an act;
(b) Aggravates a crime, or makes it greater
than it was, when committed;
3
(c) Changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when committed;
(d) Alters the legal rules of evidence, and
authorizes conviction upon less or
different testimony than the law required
at the time of commission of the crime;
(e) Assumes to regulate civil rights and
remedies only, in effect imposes penalty
or deprivation of a right for something
which when done was lawful; and
(f) Deprives a person accused of a crime
some lawful protection to which he has
become entitled, such protection of a
former conviction or acquittal, or a
proclamation of amnesty (Reyes, p. 2-3).

BILL OF ATTAINDER
It is a legislative act which inflicts punishment
without trial. Its essence is the substitution of
a legislative act for a judicial determination.

4
 BOOK ONE
ARTICLE 1:
TIME WHEN ACT TAKES EFFECT 2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
RPC took effect on January 1, 1932. obligations and securities issued by the
Government of the Philippine Islands
ARTICLE 2:
APPLICATION OF RPC PROVISIONS REQUISITES:
(a) Any person who makes false or
counterfeit coins or forges treasury or
GENERAL RULE:
bank notes or other obligations and
The provisions of the RPC shall be enforced
securities in a foreign country may be
within the Philippine territory.
prosecuted before our civil courts; and
(b) It must refer to Philippine coins, currency
EXCEPTIONS: S C I O N
notes or obligations and securities.
The provisions of the RPC shall be enforced
outside of its jurisdiction, against those who:
3. Should be liable for acts connected with
the introduction into these islands of the
1. Should commit an offense while on a
counterfeited coins, currency notes,
Philippine ship or airship
obligations and securities mentioned in
the preceding number.
REQUISITES:
(a) The ship/airship must be on international
4. While being public officers or employees,
waters/airspace; and
should commit an offense in the exercise
(b) The ship/airship must be registered
of their functions.
under Philippine laws.
NOTE: The phrase "in the exercise of their
HENCE: If the ship/aircraft is within the
functions" means that the offense must have
territory of another country, Philippines has
a relation to official duties/functions.
NO jurisdiction, EXCEPT as regards
warships, which are considered extensions
Crimes Covered: Articles 171, 203–245
of the country they represent.
5. Should commit any of the crimes against
Rules as to jurisdiction over crimes
national security and the law of nations,
committed aboard MERCHANT VESSELS
defined in Title 1, Book 2, RPC.
while in the territorial waters of another
country:
Offenses included are:
(a) Treason (Article 114);
(a) FRENCH RULE:
(b) Conspiracy and proposal to commit
Such crimes are not triable in the courts
treason (Article 115);
of that country, UNLESS their
(c) Espionage (Article 117);
commission affects the peace and
(d) Inciting to war and giving motives for
security of the territory or the safety of
reprisals (Article 118);
the state is endangered.
(e) Violation of neutrality (Article 119);
(f) Correspondence with hostile country
(b) ENGLISH RULE:
(Article 120);
Such crimes are triable in that country,
(g) Flight to enemy’s country (Article 121);
UNLESS they merely affect things within
(h) Piracy and mutiny on the high seas
the vessel or they refer to the internal
(Article 122); and
management thereof.
(i) Terrorism under R.A. 9372.
The Philippines follows the English Rule.

5
EXCEPTIONS TO THE EXCEPTIONS:
Penal laws shall NOT be enforced outside the
Philippine territory if so provided in:
(a) Treaties, and
(b) Laws of preferential application.
TITLE ONE:
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE:
FELONIES
ARTICLE 3:
FELONIES
Felonies (delitos) are acts and omissions
punishable by the Revised Penal Code.
ELEMENTS OF FELONY: AO – P – DC
1. There must be an act or omission.
• "Act" refers to any bodily movement
tending to produce some effect in the
external world.
• "Omission" refers to inaction, or failure
to perform a positive duty which one is
bound to do.
2. The act or omission must be punishable by
the Revised Penal Code.
NOTE: “Nullum crimen, nulla poena sine
lege.” (There is no crime where there is no
law punishing it).
3. The act is performed or the omission
incurred by means of deceit (dolo) or fault
(culpa).
CLASSIFICATION OF FELONIES
AS TO THEIR MANNER OF COMMISSION
1. INTENTIONAL FELONIES:
The act or omission is incurred with
deliberate intent or malice to do an injury.
REQUISITES: F I I
1. Freedom: The act was done or omission
incurred voluntarily.
NOTE: When a person acts without
freedom, he is no longer a human being
but a tool.
2. Intelligence: It is the power to determine
the morality of human acts, capacity to
know and understand the consequences
of one’s acts.
NOTE: If there is lack of intelligence,
offender is EXEMPT from liability.
3. INTENT: It is the purpose to use a
particular means to affect such result. It
is presumed from the commission of
unlawful act.
NOTE: If there is lack of intent, the act is
JUSTIFIED. There is no criminal liability.
CRIMINAL INTENT
INTENT
It is a mental state, the existence of which is
shown by the overt acts of a person.
Basis:Actus non facit reum, nisi mens sit
rea. An act does not make a defendant guilty
without a guilty mind.
For one to be criminally liable for felony by
dolo, there must be a confluence of both an
evil act and an evil intent.
NOTES:
• To constitute a crime, the act must,
except in certain crimes made by such
statute, be accompanied by criminal
intent or by such negligence or
indifference to duty or to consequences
as, in law, is equivalent to criminal
intent(U.S. vs. Catolico; March 2, 1911).
• Criminal intent is NOT necessary in
crimes punishable by special penal laws.
When the doing of an act is prohibited by
special law, it is considered that the act
is injurious to the public welfare and the
doing of the prohibited act is the crime
itself. (Reyes, supra., p.56).
KINDS OF CRIMINAL INTENT
GENERAL SPECIFIC
It is presumed to It is not presumed
exist from an because it is an
6
unlawful act. ingredient or Intent vs. Discernment
element of a crime. INTENT DISCERNMENT
Hence, the burden Hence, the It is the It is the mental
of proving the prosecution has the determination to do capacity to
absence of general burden of proving a certain thing – an distinguish right
intent is upon the specific intent. aim or purpose of from wrong.
accused. the mind.

MOTIVE MISTAKE OF FACT

It consists of the special or personal reason It is a misapprehension of fact on the part of

that may prompt or induce a person to the person who caused injury to another.
perform an act or commit a crime (Amurao,
Jr., 2013). He is NOT criminally liable because he did
not act with criminal intent.
When proof of motive is NOT essential:
(a) If the commission of the crime has been Basis: Ignorantia facti excusat.
proven and the degree of identification is
convincing (People vs. Alviar; November BUT, ignorance of the law excuses no one
19, 1930); from compliance therewith (Article 3, NCC).
(b) Where guilt is otherwise established by
sufficient evidence (People v. Corpuz; REQUISITES: A I M
February 24, 1960); or (a) The act done would have been lawful
(c) Where the defendant admits the killing had the facts been as the accused
(People vs. Arcilla; June 30, 1959). believed them to be.
(b) The intention of the accused in
Motive is RELEVANT when: performing the act should be lawful.
(a) The identity of accused is in dispute; (c) The mistake must be without fault or
(b) There is a need in ascertaining the truth carelessness on the part of the accused.
between two antagonistic versions of the
killing; In mistake of fact, the act done by the
(c) The identification of the accused accused would have constituted:
proceeds from an unreliable source and (a) A justifying circumstance (Article 11);
the testimony is inconclusive and not (b) An absolutory cause; or
free from doubt;
(d) There are no eyewitness to the crime, 2. CULPABLE FELONIES:
and where suspicion is likely to fall upon The act or omission of the offender is NOT
a number of persons; or malicious.
(e) The evidence is merely circumstantial.
REQUISITES: F I – NIFS
Intent vs. Motive 1. Freedom
INTENT MOTIVE 2. Intelligence
3. Negligence, Imprudence, Lack of
It is the purpose to It is the moving
Foresight, or Lack of Skill
use a particular power which one
means to effect impels to action for
NEGLIGENCE refers to deficiency of
such result. a definite result.
perception. It is failure to pay proper
Intent is an element Motive is not an attention and to use due diligence in
of crime, except for element of a crime. foreseeing the injury or damage
culpable felonies. impending to be caused. It involves
Criminal intent must Motive need not be LACK OF FORESIGHT.
be proven by the proven by the
prosecution. prosecution. IMPRUDENCE refers to deficiency of
action. It is failure to take the necessary
precaution to avoid injury to person or

7
 damage to property. It involves LACK Criminal Intent Requirement
OF SKILL.
Criminal intent is Intent is not required.
required. The only question is
Rationale: A man must use his common
whether the law is
sense, and exercise due reflection in all his
violated or not.
acts. It is his duty to be cautious, careful and
prudent. Moral Trait of the Offender
Moral trait of the Moral trait is not
Intentional Felonies vs. Culpable Felonies offender is considered. It is enough
INTENTIONAL CULPABLE considered. It is why that the prohibited act
FELONIES FELONIES liability of the was voluntarily done.
offender only arises
The act or omission is The act or omission is when there is dolo or
malicious. not malicious. culpa.
The act is performed The act is Defense of Mistake of Fact
with deliberate intent. unintentional, it being
incident of another act Honest mistake of Honest mistake of fact is
performed without fact is a defense. not a defense.
malice. Defense of Good Faith
Lack of criminal intent Lack of criminal intent Good faith is a valid Good faith is not a
is a valid defense. is not a valid defense. defense unless the defense.
Mistake of fact is a Mistake of fact is not a crime results from
defense. defense. culpa.
Degree of Accomplishment
AS TO THE NATURE OF THE CRIME The degree of The act gives rise to
accomplishment is crime only when it is
1. Malum In Se / Mala In Se considered: the crime consummated, unless
These are crimes which are wrong from their may be the special law expressly
very nature – those so serious in their effects consummated, penalizes the mere
on society as to call for the almost frustrated, or attempt or frustration of
unanimous condemnation of its members. attempted. the crime.
Degree of Participation of the Offender
2. Malum Prohibitum / Mala Prohibita The degree of the The degree of
These wrong merely because it is prohibited participation of the participation is not
by a statute/law. These are violations of offender is considered. All who
mere rules of convenience designed to considered: the participated in the act
secure a more orderly regulation of the offender may be are punished to the
affairs of the society. classified as same extent.
principal, accomplice,
Malum In Se vs. Malum Prohibitum or accessory.
MALUM IN SE MALUM PROHIBITUM Mitigating or Aggravating Circumstances
Nature of the Offense These are taken into These are generally not
It is wrong from its It is wrong merely account in imposing taken into account
very nature. because it is prohibited a penalty. because the law intends
by a statute/law. to discourage the
Crimes mala in se Crimes mala prohibita commission of the act
are those so serious are violations of mere specially prohibited.
in their effects on rules of convenience
society as to call for designed to securea NOTE: The notion that mala in se are punished
the almost more orderly regulation entirely under and by the RPC and mala
unanimous of the affairs of the prohibita are punished under special penal laws
condemnation of its society. is NOT totally true – and therefore not a
members. distinction as between the two. There are some
acts that are punished by special penal laws but

8
are considered mala in se, like plunder. Similarly,
there may be mala prohibita crimes defined in
RPC, such as technical malversation (Dungo vs.
People; July 1, 2015).
NOTE: An act malum in se CANNOT absorb an
act malum prohibitum. What makes an act
malum in se is deceit or negligence. What makes
an act malum prohibitum is a violation of a law.
Thus, one cannot absorb the other. Where there
are multiple charges involving an act malum
prohibitum and an act malum in se, these must
be prosecuted separately (Loney vs. People;
February 10, 2006).
OTHER CLASSIFICATIONS
AS TO STAGE OF EXECUTION (Article 6):
1. Consummated
2. Frustrated; and
3. Attempted.
AS TO GRAVITY (Article 9):
1. Grave felonies;
2. Less grave felonies; and
3. Light felonies.
ARTICLE 4:
CRIMINAL LIABILITY
PARAGRAPH 1:
WRONGFUL ACT DONE DIFFERENT FROM
THAT WHICH HE INTENDED
Criminal liability shall be incurred “by any
person committing a felony (delito), although
the wrongful act done be different from that
which he intended.”
NOTE: One who commits an intentional felony is
responsible for all the consequences which may
naturally and logically result therefrom, whether
foreseen or intended or not.
Rationale: El que es causa de la causa es
causa del mal causado (He who is the cause of
the caused is the cause of the evil caused).
REQUISITES: I D – Prox
1. The accused must be committing an
intentional felony, i.e. an act or omission
punishable by RPC.
2. The wrongful act done is different from that
which is intended.
3. The felony committed by the accused should
be the proximate cause of the resulting
injury.
NOTES:
• The felony must be intentional. This is not
applicable on acts committed through
negligence, carelessness, lack of foresight,
or lack of skill.
• When a person has not committed a felony,
he is not criminally liable for the result which
is not intended.
PROXIMATE CAUSE
It is that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the
result would not have occurred.
NOTE: Wrong done must be the direct,
natural and logical consequence of the
felonious act.
• “Natural” refers to an occurrence in the
ordinary course of human life or events.
• “Logical” means that there is a rational
connection between the act of the
accused and the resulting injury or
damage.
Felony committed is NOT the proximate
cause of the resulting injury when:
1. There is an active force that intervened
between the felony committed and the
resulting injury, and the active force is a
distinct act or fact absolutely foreign from
the felonious act of the accused
(intervening active force); or
“Efficient Intervening Cause” is one
that breaks the causal connection
between the act and injury, and thereby
negatives liability.
2. Resulting injury is due to the intentional
act of the victim (fault of victim).
PENALTY: See Article 49.
Scenarios in which the result is different from
that which is intended:
(a) Error In Personae
It is mistake in the identity of the victim.
9
 RESULT: This mitigates criminal liability if
there is a variance between the intended
felony and the one actually committed (see
Article 49, which provides that if such a
variance exists, the penalty imposed would
be the lesser penalty in its maximum).
However, if there is no such variance, Article
49 will not apply and error in personae will
not be mitigating.
NOTE: Error in personae is NOT a defense.
(b) Aberratio Ictus
It is mistake in the blow.
RESULT: This will result to two (2) crimes –
the intended crime and the actual crime –
which are generally complexed unless
circumstances otherwise warrant.
NOTE: Aberratio ictus is NOT a defense.
(c) Praeter Intentionem
It is where the injurious result is greater than
that which is intended.
RESULT: This always mitigates criminal
liability (see Article 13, par. 3, i.e. offender
had no intent to commit so grave a wrong).
For praeter intentionem to subsist –
(a) An intentional felony must have been
committed in the first place, and
(b) That there is a notable disparity between
the one committed and the one which
resulted from the act.
NOTE: The person committing a felony
under the aforementioned circumstances is
criminally liable.
PARAGRAPH 2:
IMPOSSIBLE CRIME
Criminal liability is likewise incurred “by any
person performing an act which would be an
offense against persons or property, were it
not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means.”
Rationale: The purpose of the law is to suppress
criminal propensity or criminal tendencies.
Objectively, the offender has not committed a
felony, but subjectively, he is a criminal.
REQUISITES: W E I A
1. The act performed would have constituted an
offense against persons or property;
2. The act was done with evil intent;
3. Its accomplishment is inherently impossible,
or that the means employed is either
inadequate or ineffectual; and
4. The act performed should not constitute a
violation of another provision of the RPC.
NOTES:
• If the act performed would be an offense
OTHER than a felony against persons or
against property, there is NO impossible
crime.
• The felony against person or property should
NOT be actually committed; otherwise, he
would be liable for that felony. There would
be no impossible crime to speak of.
• INHERENT IMPOSSIBILITY
This means that the act intended by the
offender is by its nature one of impossible
accomplishment.
1. LEGAL IMPOSSIBILITY
This is where the intended acts, even if
completed, would not amount to crime.
Examples:
• Killing a person already dead.
• Y stole a ring, which turned out be
the one which he lost.
2. FACTUAL IMPOSSIBILITY
This is when extraneous circumstances
unknown to the actor or beyond his
control prevent the consummation of the
intended crime.
Case Examples:
• Intod vs. Court of Appeals (1992);
• Jacinto vs. People
• INADEQUATE MEANS
Example:
With intent to kill, Y gave X a drink mixed
with poison, but the quantity was not
sufficient to kill.
10
 NOTES:
• In case of inadequate means, the
intended victim should NOT suffer any
injury, otherwise the crime could be
attempted or frustrated homicide, as the
case may be (Sandoval, Edilberto G.
“Pointers in Criminal Law.” 2010 ed.).
• Where the means employed is adequate
but did not produce the intended result, it
is not an impossible crime but a
frustrated felony (Reyes, supra., p. 87).
• INEFFECTUAL MEANS
Example: With intent to kill, Y gave X a drink
mixed with salt, which Y believed to be
poison.
PENALTY FOR IMPOSSIBLE CRIME:
The court, having in mind the social danger and
the degree of criminality shown by the offender,
shall impose the penalty of arresto mayor or a
fine from P200 to P500 (Article 59).
ARTICLE 5:
DUTY OF THE COURT IN CONNECTION WITH
ACTS WHICH SHOULD BE REPRESSED BUT
WHICH ARE NOT COVERED BY THE LAW,
AND IN CASES OF EXCESSIVE PENALTIES
Whenever a court has knowledge of any act
which it may deem proper to repress and which
is not punishable by law, it shall render the
proper decision, and shall REPORT to the Chief
Executive, through the Department of Justice,
the reasons which induce the court to believe
that said act should be made the subject of
legislation.
In the same way, the court shall submit to the
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of the
sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the
injury caused by the offense.
ARTICLE 6:
STAGES OF EXECUTION OF CRIMES
DEVELOPMENT OF A CRIME:
1. INTERNAL ACTS
These refer to mere ideas in the mind of the
person which are NOT punishable.
2. EXTERNAL ACTS
They cover the following:
(a) PREPARATORY ACTS
These are ordinarily not punishable, BUT
preparatory acts which are considered in
themselves, by law, as independent
crimes are punishable (e.g. possession
of picklocks).
(b) ACTS OF EXECUTION
These are the acts punishable under the
Revised Penal Code.
1. SUBJECTIVE PHASE
It is that portion of the acts
constituting the crime, starting from
the point where the offender begins
the commission of the crime to the
point where he has still control over
his acts, including their natural
course.
NOTE: If the act is still in the
subjective phase, then the
commission of the felony is in the
attempted stage. If the act passed
the subjective phase, then the
commission is either in the frustrated
or consummated stage (Amurao,
supra., p. 99).
2. OBJECTIVE PHASE
It is the result of the acts of the
execution, that is, the
accomplishment of the crime.
NOTES:
• If the subjective and objective
phases are present, there is a
consummated felony.
• The spontaneous desistance of the
accused is exculpatory only:
(a) If made DURING the attempted
stage, and
11
 (b) Provided that the acts already because the law encourages a person to desist
committed do NOT constitute from committing a crime.
any offense.
Kinds of Desistance:
STAGES OF EXECUTION OF A CRIME 1. Legal desistance; and
2. Factual desistance.
1. Attempted;
2. Frustrated; and LEGAL DESISTANCE FACTUAL
3. Consummated. DESISTANCE
It is the desistance It is the actual
ATTEMPTED FELONY referred to in law which desistance of the
would obviate criminal actor which is made
There is an attempt when the offender liability unless the overt after the attempted
commences the commission of a felony or preparatory act stage of the crime.
directly by overt acts, and does not perform already committed The actor is still liable
all the acts of execution which should constitutes a felony for the attempt.
produce the felony by reason of some cause other that what the
or accident other than his own spontaneous actor intended.
desistance (Article 6, par. 3). Desistance is made Desistance is made
during the attempted after the attempted
ELEMENTS: Co N S O stage of the crime. stage of the crime.
1. The offender commences the commission of
the felony directly by overt acts; NOTES:
2. He does NOT perform all the acts of
• The accused may be convicted of a felony
execution which should produce the felony; defined by the acts performed by him up to
3. The offender’s act is not stopped by his own the time of desistance.
spontaneous desistance;
4. The non-performance of all acts of execution
• One who takes part in planning a criminal act
was due to cause or accident other than his
but desists in its actual commencement is
spontaneous desistance.
EXEMPT from criminal liability. For after
taking part in the planning, he could have
OVERT ACT
desisted from taking part in the actual
Some physical activity or deed, indicating the
commission of the crime by listening to the
intention to commit a particular crime, more than
call of his conscience (People vs. Villacorta;
a mere planning or preparation, which if carried
February 28, 1974).
to its complete termination following its natural
course, without being frustrated by external
Rules on Spontaneous Desistance as an
obstacles or by the voluntary desistance of the
Absolutory Cause:
perpetrator, will logically and necessarily ripen
• The desistance must have been made
into a concrete offense.
BEFORE the offender has performed all the
acts of execution which should produce the
REQUISITES:
felony.
1. There is an external act; and
2. Such external act has a direct
connection with the crime intended to be • It is NOT necessary that desistance be
committed. actuated by a good motive. What is only
required is that the discontinuance of the
NOTE: Overt acts may not be by physical crime comes from the person who has begun
activity, e.g. proposal or making an offer of it, and that he stops at his own free will.
money to a public official is an overt act in
the crime of corruption of public officer. • The desistance which exempts one from
criminal liability has reference to the crime
DESISTANCE intended to be committed, and has no
Desistance in the attempted stage is an reference to the crime actually committed by
absolutory clause which negates criminal liability the offender before his desistance.

12
 FRUSTRATED FELONY
A felony is frustrated when the offender
performs all acts of execution which would
produce the felony as a consequence but
which, nevertheless, did not produce it by
reason of causes independent from the will of
the perpetrator (Article 6, par. 2).
ELEMENTS: Per Wo N Ca
1. The offender performs all the acts of
execution;
2. All acts performed would produce the felony
as a consequence;
3. But, the felony is not produced;
4. By reason of causes independent of the will
of the perpetrator.
NOTES:
• “Performs all acts of execution” means
that there is nothing more is left to be done
by the offender because he has performed
the last act necessary to produce the crime.
• The belief of the accused need not be
considered. What should be considered is
whether all the acts of execution performed
by the offender “would produce the felony as
a consequence” (Reyes, supra., p. 108).
CRIMES WITHOUT FRUSTRATED STAGE
There are crimes that do NOT admit of a
frustrated stage. By definition of a frustrated
felony, the offender cannot possibly perform all
the acts of execution to bring the desired result
without consummating the offense. To wit:
1. RAPE
Since the gravamen of the offense is carnal
knowledge, no matter how slight the
penetration, the felony is consummated. If
the male organ failed to touch the pudenda,
by some causes or accident other than his
spontaneous desistance, the felony is merely
attempted. If he desisted spontaneously, he
is not liable for attempted rape, but for some
other crime such as acts of lasciviousness.
2. CORRUPTION OF PUBLIC OFFICERS
The offense requires the concurrence of the
will of both parties, such as that when the
offer is accepted, the offense is
consummated – but when the offer is
rejected, the offense is merely attempted.
3. INDIRECT BRIBERY
It is committed by accepting the gifts offered
to the public officer by reason of his office.
4. ADULTERY
The essence of the crime is sexual congress.
5. PHYSICAL INJURY
It cannot be determined whether the injury
will be slight, less serious, or serious unless
and until consummated.
6. THEFT
Theft is already produced upon the taking of
property without the latter’s consent. There is
no need of permanency in taking as the mere
possession is enough (Valenzuela vs.
People; June 21, 2007).
7. ARSON
We can hardly determine whether the
offender has performed all the acts of
execution that would result in arson, as a
consequence, unless a part of the premises
has started to burn. On the other hand, the
moment a particle or a molecule of the
premises has blackened, in law, arson is
consummated. This is because
consummated arson does not require that
the whole of the premises be burned. It is
enough that any part of the premises, no
matter how small, has begun to burn.
8. KIDNAPPING
The essence of kidnapping is deprivation of
liberty, such that –
(a) If there is complete (total) deprivation of
liberty, it is considered consummated;
(b) If deprivation of liberty is not complete
(partial), it is only attempted.
9. ORAL DEFAMATION
10. COUP D’ÉTAT
11. ROBBERY
RULES IN CASE OF HOMICIDE:
1. If the wound is inflicted with the intent to kill
but the same is NOT mortal (i.e. it is not
sufficient to cause the death of the victim)
and the victim does not die, then the crime of
murder, homicide, parricide, or infanticide is
only in the attempted stage (People vs.
Domingo; April 11, 1956).
13
2. The crime of homicide is deemed to be in the
attempted stage where there are wounds
suffered by the offended party but there is no
medical testimony on the gravity of wounds
(Serrano vs. People; July 5, 2010).
3. If the wound is inflicted with the intent to kill
but the same is MORTAL (i.e. sufficient to
cause death, then murder), homicide,
parricide, or infanticide is in the frustrated
stage.
4. FORMULAS (Amurao, supra., p. 114):
(a) Consummated Stage
Overt Act (OA) + Death (D)
Consummated
NOTE: If a person dies, intent to kill is
presumed.
(b) Frustrated Stage
Mortal Wound (MW) + Intent to Kill (IK) –
Death (D) = Frustrated
(c) Attempted Stage:
• In the presence of wound:
Non-MW + IK – D = Attempted
• In the absence of wound:
OA + IK – D = Attempted
NOTE: In determining whether frustrated
or attempted, consider the actual injury
(wound) inflicted on the offended party.
Attempted vs. Frustrated vs. Impossible
As to accomplishment of purpose
Attempted The offender has NOT
Frustrated accomplished his/her criminal
Impossible purpose.
As to performance of acts of execution
Offender does not perform all the
Attempted
acts of execution.
Offender has performed all the acts
Frustrated
of execution
There is inability on the part of the
Impossible offender to perform all the acts of
execution.
As to the factors interfering or preventing the
consummation of felony
The offender does not arrive at the
Attempted point of performing all the acts
which should produce the crime, as
he is stopped short of that point by
some cause apart from his own
spontaneous desistance.
There is no intervention from
some foreign or extraneous cause
or agency between the beginning of
Frustrated the consummation of the crime and
the moment when all the acts have
been performed which should result
in the consummated crime.
Crime is not committed due to its
inherent impossibility or due to the
Impossible
means employed by the offender
= being inadequate or ineffectual.
NOTE: There is no attempted or frustrated
impossible crime because the acts performed by
the offender are considered as constituting a
consummated offense.
CONSUMMATED FELONY
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present (Article 6, par. 2).
• All the elements of the felony which the
accused is prosecuted must be present in
order to hold him liable therefor.
• When a felony has two or more elements
and one of them is not proved by the
prosecution, either: (a) the felony is not
shown to have been consummated; (b) the
felony is not shown to have been committed;
(c) another felony is shown to have been
committed.
INDETERMINATE OFFENSE
It is one where the purpose of the offender in
performing an act is NOT certain. Its nature in
relation to its objective is ambiguous.
Factors in determining stage of execution:
1. Nature of the Offense;
2. Elements constituting the felony; and
3. Manner of committing the crime.
14
 MANNER OF COMMITTING THE CRIME
1. FORMAL CRIMES
These are consummated in one instant.
There is no attempted stage because
between the thought and deed there is no
chain of acts that can be severed in any link.
Examples: Slander; False testimony; Sale of
prohibited drugs under R.A. 9165
2. Crimes consummated by mere attempt or
proposal or by overt act
Examples: Flight to enemy’s country;
Corruption of minors
3. Felony by omission: There can be no
attempted stage when the felony is by
omission because the offender does not
execute acts, but omits to perform an act
which the law requires him to do.
4. Crimes requiring the intervention of two
persons to commit them are
consummated by mere agreement
5. MATERIAL CRIMES
Those which admit three stages of execution
– attempted, frustrated and consummated.
ARTICLE 8:
CONSPIRACY AND PROPOSAL
GENERAL RULE:
Conspiracy and proposal to commit a felony are
NOT punishable.
Rationale: Conspiracy and proposal are only
preparatory acts, which the law regards as
innocent or at least permissible except in
rare and exceptional cases.
EXCEPTION:
They are punishable only in the cases in which
the law specially provides penalty therefor.
CONSPIRACY
Conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit
it.” (Article 8, par. 2)
REQUISITES: A Co De
1. Two or more persons come to an agreement;
2. The agreement concerned the commission
of a felony; and
3. The execution of felony is decided upon.
PUNISHABLE CONSPIRACY
Remember: Re Co Se T – B A M E – H I Co T
1. Rebellion,
2. Coup d’etat,
3. Sedition,
4. Treason,
5. Brigandage,
6. Arson,
7. Monopolies and combinations
in restraint of trade,
8. Espionage,
9. Highway robbery,
10. Illegal association,
11. Selected acts committed under the
Comprehensive Dangerous Drugs Act,
12. Terrorism under Human Security Act.
TWO ASPECTS OF CONSPIRACY:
1. As a felony
Conspirators need NOT actually commit
treason, sedition, coup d’etat, etc., it being
sufficient that two or more persons agree and
decide to commit treason, rebellion or
sedition.
2. As manner of incurring criminal liability
When the conspiracy relates to a crime
actually committed, it is not a felony but only
a manner of incurring criminal liability, that is,
when there is conspiracy, the act of one is
the act of all.
In this aspect, conspiracy is not treated as a
separate offense but is used to determine the
liability of the offenders.
NOTES:
• Direct proof is NOT essential to establish
conspiracy (Reyes, supra., p. 133).
• It is fundamental for conspiracy to exist that
there must be unity of purpose and unity in
the execution of the unlawful objective.
• Mere knowledge, acquiescence to or
approval of the act, without cooperation or at
least, agreement to cooperate, is not enough
to constitute a conspiracy; there must be an
intentional participation in the crime with a
15
 view to further the common felonious
objective.
GENERAL RULE:
When there is conspiracy, all conspirators who
carried out the plan and took part in its execution
are equally liable for the crime committed.
EXCEPTION:
One or some of the conspirators committed
some other crime which is not part of the
intended crime.
EXCEPTION TO THE EXCEPTION:
Act constitutes a single indivisible offense.
DOCTRINE OF IMPLIED CONSPIRACY
When their acts aimed at the same object, one
performing one part and other performing
another part so as to complete it, with a view to
the attainment of the same unlawful object, and
their acts, though apparently independent, were
in fact concerted and cooperative, indicating
closeness of personal association, concerted
action and concurrence of sentiments, the court
will be justified in concluding that defendants
were engaged in a conspiracy.
NOTE: The presence of conspiracy is implied
where the separate acts committed, taken
collectively, emanate from a concerted and
associated action (People vs. Comillo, Jr.;
November 25, 2009).
PROPOSAL
There is proposal when a person decided to
commit a felony and he proposes its
execution to some other person or persons.
REQUISITES: D – Pro
1. A person has decided to commit a felony.
2. He proposes its execution to some other
person or persons.
NOTE: The law does not require that the
proposal be accepted by the person to whom
the proposal is made.
PUNISHABLE PROPOSAL
Remember: T R I C
1. Treason
2. Rebellion
3. Insurrection
4. Coup d’etat
There is NO criminal proposal when:
(a) The person who proposes is not determined
to commit the felony.
(b) There is no decided, concrete and formal
proposal.
(c) It is not the execution of the felony that is
proposed.
ARTICLES 7 & 9:
CLASSIFICATION OF CRIMES
ACCORDING TO GRAVITY
1. Grave Felonies;
2. Less Grave Felonies; and
3. Light Felonies.
IMPORTANCE OF CLASSIFICATION:
(a) To determine whether these felonies can be
complexed or not; and
(b) To determine the prescription of the crime
and the prescription of the penalty.
GRAVE FELONIES
GRAVE FELONIES
These are those to which the law attaches the
capital punishment or penalties which in any of
their periods are afflictive, in accordance with
Article 25, RPC (Article 9, par. 1, RPC).
HENCE: These are crimes punishable by
reclusion perpetua, reclusion temporal, perpetual
or temporary absolute disqualification, perpetual
or temporary special disqualification, and prision
mayor.
LESS GRAVE FELONIES
LESS GRAVE FELONIES
These are those which the law punishes with
penalties in their maximum period are
correctional, in accordance with Article 25, RPC
(Article 9, par. 2, RPC).
HENCE: These are crimes punishable by prision
correccional, arresto mayor, suspension and
destierro.
LIGHT FELONIES
LIGHT FELONIES
These are those infractions of law for the
commission of which the penalty of arresto
menor or a fine not exceeding P200, or both, is
provided (Article 9, par. 3, RPC).
16

Light Felonies under RPC: T A M I S
1. Theft (Article 309, par. 7 & 8);
2. Alteration of boundary marks (Article 313);
3. Malicious mischief (Articles 328 & 329);
4. Intriguing against honor (Article 364).
5. Slight physical injuries (Article 266);
GENERAL RULE:
Light felonies are punishable only when
consummated.
Reason: If they are not consummated, the
wrong done is so slight that there is no need
of providing for penalty
EXCEPTION:
Light felony against persons or property, is
punishable, even if attempted or frustrated
(Article 7, RPC).
Reason: Felonies against persons and
property presupposes moral depravity.
ARTICLE 10:
OFFENSES NOT SUBJECT TO THE
PROVISIONS OF RPC
GENERAL RULE:
Offenses which are or in the future may be
punishable under special laws are not subject to
the provisions of this Code. RPC shall be
supplementary to such laws (Article 10, RPC).
EXCEPTIONS:
1. Special law specially provides otherwise.
2. The RPC provisions are impossible of
application, either by express provision or by
necessary implication.
APPLICATION OF RPC PENALTIES
GENERAL RULE:
The provisions of the RPC on penalties cannot
be applied to offenses punishable under special
laws because the latter do not provide for the
scale of penalties.
EXCEPTION: Special laws amending the RPC
are subject to the latter’s provisions.
CHAPTER TWO:
JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT
FROM CRIMINAL LIABILITY
The circumstances which affect criminal liability
are the following:
1. Justifying Circumstances (Article 11)
2. Exempting Circumstances (Article 12) and
other Absolutory Causes
3. Mitigating Circumstances (Article 13)
4. Aggravating Circumstances (Article 14)
5. Alternative Circumstances (Article 15).
ARTICLE 11:
JUSTIFYING CIRCUMSTANCES
Justifying circumstances are those where the
act of a person is said to be in accordance with
law, so that such person is deemed not to have
transgressed the law. Under this article, the actor
is not criminal and there is no crime committed.
They are the following: SR. SAFO
1. Self-defense (Par. 1);
2. Defense of Relative (Par. 2);
3. Defense of Stranger (Par. 3);
4. Avoidance of greater evil/injury (Par. 4);
5. Fulfillment of duty or lawful exercise of a right
or office (Par. 5); and
6. Obedience to an order from superior issued
for some lawful purpose (Par. 6).
GENERAL RULE:
Justifying circumstances render a person free
from BOTH criminal and civil liability.
EXCEPTION:
With respect to Article 11, par. 4 (avoidance of
greater evil or injury), civil liability is borne by the
persons benefited by the act.
BURDEN OF PROOF
Justifying circumstances are matters of defense
and it is incumbent upon the accused, in order to
avoid criminal liability, to prove the justifying
circumstance claimed by him to the satisfaction
of the court.
17
 PARAGRAPH 1:
SELF DEFENSE
REQUISITES: U R L
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself (Par. 1).
SCOPE OF SELF-DEFENSE:
Self-defense includes not only defense of the
person or body of the one assaulted, but also
that of his rights, that is those rights the
enjoyment of which is protected by law (Reyes,
supra., p. 157).
(a) Defense of one’s life or person
(b) Defense of right to property
It need not be coupled with an attack on the
person of the owner or of one entrusted with
property (People v. Narvaez; April 20, 1983).
(c) Defense of chastity
There must be an attempt to rape the victim.
(d) Defense of honor/dignity
SELF-DEFENSE IN LIBEL
Once the aspersion is cast, its sting clings
and the person thus defamed may avail
himself of all necessary means to shake it
off. He may hit back with another libel which,
if adequate, will be justified (People vs. Chua
Hiong; October 20, 1954; 51 O.G. 1932).
UNLAWFUL AGGRESSION
It is an assault or attack, or a threat in an
imminent and immediate manner which places
the defendant’s life in actual peril (Sandoval,
supra., p. 28).
NOTES:
• It is an indispensable requirement.
• Aggression must be unlawful.
• There is unlawful aggression when the peril
to one’s life, limb or right is either actual or
imminent. There must be an actual physical
assault or an immediate and imminent threat
(Reyes, supra., p. 160).
(a) “Actual”
The danger must be present, that is,
actually in existence.
(b) “Imminent”
The danger is on the point of happening.
It is NOT required that the attack already
begins, for it may be too late (Reyes,
supra., p. 161-163).
• A mere threatening or intimidating attitude is
not sufficient (Reyes, supra., p. 181). Threat
must be offensive and positively strong,
showing the wrongful intent to cause an
injury (Reyes, supra., p. 160).
• There must be actual physical force or
actual use of weapon.
(a) The insulting words without physical
assault could NOT constitute unlawful
aggression (U.S. vs. Carrero; January
10, 1908).
(b) However, a slap on the face is an
unlawful aggression because it is a
physical assault coupled with a willful
disregard, nay, a defiance, of an
individual’s personality placing in danger
a person’s dignity, rights and safety
(People vs. Sabio; April 27, 1967).
• Mere belief of an impending attack is NOT
sufficient (Reyes, supra., p. 165).
NOTE: A threat, even if made with a
weapon, or the belief that a person was
about to be attacked, is NOT sufficient. It is
necessary that the intent be ostensibly
revealed by an act of aggression or by some
external acts showing the commencement of
actual and material aggression (People vs.
Pateo; June 3, 2004).
However, in relation to mistake of fact, the
belief of the accused may be considered in
determining the existence of unlawful
aggression (e.g. use of a replica gun),
provided that the accused believed them to
be real (Reyes, supra., p. 179).
• When an unlawful aggression has ceased to
exist, the one making a defense has no right
to kill or injure the former aggressor.
NOTES:
18
 • When the aggressor flees, the
aggression ceases to exist.
• When the killing of the deceased by the
accused was after the attack made by
the deceased, the accused must have no
time nor occasion for deliberation and
cool thinking (Reyes, supra., p. 167).
• The unlawful aggression must come from the
person who was attacked by the accused.
• An act of aggression, when its author does
not persist in his purpose, or when he
discontinues his attitude to the extent that the
object of his attack is no longer in peril, is not
unlawful aggression warranting self-defense
(People vs. Geneblazo; July 20, 2001).
RULE ON RETALIATION
Retaliation is NOT self-defense.
RETALIATION SELF-DEFENSE
The aggression The aggression still
begun by the existed when the
injured party aggressor was
already ceased to injured or disabled
exist when accused by the person
attacked him. making the defense.
RULE ON AGREEMENT TO FIGHT
GENERAL RULE: There is no unlawful
aggression when there is an agreement to
fight (People vs. Gundayao; 1969). BUT, the
challenge to fight must be accepted (People
v. Del Pilar; 44 O.G. 596).
Reason: Both could be aggressors in the
contemplation of the law.
EXCEPTION: Aggression which is ahead of
the stipulated time is unlawful.
• An aggression that is expected is still real
provided it is imminent, i.e. it is not
necessary to wait until the blow is about to
be discharged (Reyes, supra., 183).
REASONABLE NECESSITY OF THE MEANS
This requisite means that –
(a) There is a reasonable necessity of the
course of action taken by the person
making a defense; and
(b) There is a reasonable necessity of the
means used. The means employed by the
person making the defense must be
rationally necessary to prevent or repel an
unlawful aggression.
NOTES:
• The reasonableness of either or both such
necessity depends on the existence of
unlawful aggression and upon the nature and
extent of the aggression.
• Reasonableness of the means depends on:
(a) Nature and quality of the weapon used
by the aggressor;
(b) The aggressor’s physical condition,
character, size and other circumstances;
(c) Physical condition, character, size and
other circumstances of the person
defending himself;
(d) Place and occasion of the assault; and
(e) Other circumstances, such as imminence
of danger.
• Perfect equality between the weapon used
by the person defending himself and that of
the aggressor is NOT required, because the
person assaulted does not have sufficient
tranquility of mind to think, to calculate and to
choose which weapon to use.
The requisite does NOT imply material
commensurability between the means of
attack and of defense. What the law requires
is rational equivalence, in the consideration
of which will enter as principal factors the
emergency, the imminent danger to which
the person attacked is exposed, and the
instinct, more than reason, that moves or
impels the defense, and the
proportionateness thereof does not depend
upon the harm done, but rests upon the
imminent danger of such injury (People vs.
Encomienda; August 18, 1972).
• Reasonable necessity of means employed to
prevent or repel unlawful aggression is to be
liberally construed in favor of law-abiding
citizens (People v. So; 5 CAR 2s 671, 674).
• The peace officer, in the performance of his
duty, represents the law which he must
uphold. A police officer is not required to
afford a person attacking him, the opportunity
for a fair and equal struggle. As a police
officer in the lawful performance of his official
19
 duty, he must stand his ground and cannot,
like a private individual, take refuge in flight.
His duty requires him to overcome his
opponent (Reyes, p. 194).
NOTE: The first two elements of self-defense are
common to self-defense, defense of relative, and
defense of stranger.
LACK OF SUFFICIENT PROVOCATION
To be entitled to the benefit of the justifying
circumstance of self-defense, the person
defending himself must not have given cause for
the aggression by his unjust conduct or by
inciting or provoking the assailant.
Rationale: When the person defending
himself from the attack by another gave
sufficient provocation to the latter, the former
is also to be blamed for having given cause
for the aggression.
• Third requisite is present when –
(a) No provocation at all was given by the
person defending himself; or
(b) Even if a provocation was given, it was
not sufficient; or
(c) Even if a provocation was sufficient, it
was not given by the person
defending himself; or
(d) Even if a provocation was given by the
person defending himself, it was not
proximate and immediate to the act of
aggression.
• Provocation should be proportionate to the
act of aggression and adequate to stir the
aggressor to its commission(People vs.
Alconga; April 30, 1947).
• Some factors to consider:
(a) Time when the provocation was given;
(b) Place where provocation was given; or
(c) Social standing of the person provoked.
• “Stand Ground when in the Right”
Doctrine: Where the accused is where he
has the right to be, the law does not require a
person to retreat when his assailant is rapidly
advancing upon him with a deadly weapon
(U.S. v. Domen; October 25, 1917).
NOTE: The opposite but already obsolete
rule is the “retreat to the wall” doctrine: it
is the duty of a person assailed to retreat as
far as he can before he is justified in meeting
force with force.
BATTERED WOMAN SYNDROME
It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result
of cumulative abuse.
• BATTERED WOMAN
It is a woman who is repeatedly subjected to
any forceful physical or psychological
behavior by a man in order to coerce her to
do something he wants her to do without
concern for her rights.
Battered women include wives or women in
any form of intimate relationship with men
(People vs. Genosa; January 15, 2004).
• CYCLE OF VIOLENCE
The battered woman syndrome is
characterized by the so-called "cycle of
violence,” which has three (3) phases:
(a) The tension-building phase;
(b) The acute battering incident; and
(c) The tranquil, loving (or, at least,
nonviolent) phase.
B.W.S. AS A DEFENSE
Victim-survivors who are found by the courts to
be suffering from Battered Woman Syndrome do
NOT incur any criminal and civil liability
notwithstanding the absence of any of the
elements for the justifying circumstances of self-
defense under the RPC (Sec. 26, R.A. 9262).
NOTE: Existence of B.W.S. in a relationship
does NOT in itself establish the legal right of
a woman to kill her abusive partner.
Taken altogether, the following circumstances
could satisfy the requisites of self-defense:
1. Each of the phases of the cycle of violence
must be proven to have characterized at
least two (2) battering episodes between the
appellant and her intimate partner.
2. The final acute battering episode preceding
the killing of the batterer must have produced
in the battered person's mind an actual fear
of an imminent harm from her batterer and
an honest belief that she needed to use force
in order to save her life.
20
3. At the time of the killing, the batterer must
have posed probable – not necessarily
immediate and actual – grave harm to the
accused, based on the history of violence
perpetrated by the former against the latter
(People vs. Genosa; January 15, 2004).
PARAGRAPH 2:
DEFENSE OF RELATIVE
ELEMENTS: U R O
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by the
person attacked, the one making the defense
had no part in such provocation.
NOTES:
• Here, the provocation by the person attacked
need not be sufficient.
• BUT, the provocation should NOT emanate
from the offender.
• The clause “in case the provocation was
given by the person attacked” used in stating
the third requisite of defense of relatives,
does NOT mean that the relative defended
should give provocation to the aggressor.
The clause merely states an event which
may or may not happen (Reyes, p. 208).
• As long as the three requisites for defense of
relatives are present, there will still be a
legitimate defense even if the person
defending is motivated by revenge,
resentment, or evil motive (Reyes, p. 209).
NOTE HOWEVER: In People vs. Toring
(October 26, 1990), the accused raised
“defense of relative,” but the SC misapplied
the last requisite of a “defense of stranger” –
person defending be not induced by revenge,
resentment or other evil motive.
Scope of “Relatives”: S A D Le R
1. Spouse;
2. Ascendants;
3. Descendants;
4. Legitimate, natural or adopted brothers
and sisters, or relatives by affinity in the
same degrees; and
5. Relatives by consanguinity within the
fourth civil degree.
NOTES:
• The fact that the relative defended gave
provocation is immaterial. So, relative
defended may be the original aggressor. But,
the person defending his relative must not
take part in provocation.
• Death of the spouse terminates the
relationship by affinity, unless the marriage
has resulted in issue who is still living, in
which case, the relationship continues.
• Basis: Not only upon humanitarian
sentiment, but also upon the impulse of
blood which impels men to rush, on the
occasion of great perils, to the rescue of
those close to them by ties of blood.
PARAGRAPH 3:
DEFENSE OF STRANGER
ELEMENTS: U R N
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Person defending be NOT induced by
revenge, resentment or other evil motive.
Rationale: The ordinary man would not stand
idly and see his companion killed without
attempting to save his life. What one may do in
his defense, another may do for him.
NOTES:
• Stranger is any person not included in the
enumeration of relatives in Paragraph 2.
• The defense of stranger must be actuated by
disinterested or generous motive.
• The third requisite would be lacking if such
person was prompted by his grudge against
the assailant, because the alleged defense of
the stranger would be only a pretext.
• Furnishing a weapon to one in serious
danger of being throttled is defense of
stranger.
21
 PARAGRAPH 4:
STATE OF NECESSITY
“Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the requisites are
present” (Par. 4, Article 11).
REQUISITES: E I No
1. Evil sought to be avoided actually exists;
2. The injury feared is greater than that done to
avoid it; and
3. There is no other practical and less harmful
means of preventing it.
NOTES:
• “Damage to another” covers injury to
persons and damage to property.
• The evil must actually exist. If the evil sought
to be avoided is merely expected or
anticipated or may happen in the future,
Article 11, par. 4 does NOT apply.
• Although as a rule, there is no civil liability in
justifying circumstances, par. 4, Article 11 is
an exception – it is only in this provision
where civil liability exists. Such civil liability is
borne by the person benefited.
The civil liability is proportionate to the extent
of the benefit received (Article 101, RPC).
• The greater evil should NOT be brought
about by the negligence or imprudence of or
violation of law or willful inaction by the actor
(Ty vs. People; October 30, 1996).
• It applies to physician saving the life of the
mother but sacrificed the life of the unborn
child.
PARAGRAPH 5:
FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
REQUISITES: PLa N
1. The accused acted in the performance of a
duty or in the lawful exercise of a right or
office; and
2. The injury caused or the offense committed
is the necessary consequence of the due
performance of duty or the lawful exercise of
such right or office (Article 11, par. 5).
FULFILLMENT OF DUTY
• Accused must prove that he was duly
appointed to the position claimed he was
discharging at the time of the commission of
the offense.
• The public officer acting in the fulfillment of a
duty may appear to be an aggressor but his
aggression is not unlawful, it being
necessary to fulfill his duty (People v. De
Lima; December 22, 1922).
• Although an officer in making a lawful arrest
is justified in using such force as is
reasonably necessary to secure or detain the
offender, overcome his resistance, prevent
his escape, recapture him if he escapes, and
protect himself from bodily harm, yet he is
never justified in using unnecessary force or
in treating him with wanton violence, or in
resorting to dangerous means when the
arrest could be effected otherwise (People
vs. Oanis; July 27, 1943).
LAWFUL EXERCISE OF RIGHT OR OFFICE
RIGHT
• The doctrine of self-help applies.
DOCTRINE OF SELF-HELP
The owner or lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal thereof. For this
purpose, he may use such force as may be
necessary to repel or prevent an actual or
threatened unlawful physical invasion or
usurpation of his property (Art. 429, NCC).
(a) If it is a mere disturbance of possession,
force may be used against it at any time
as long as it continues, even beyond the
prescriptive period for an action of
forcible entry.
(b) If the invasion consists of real
dispossession, force to regain
possession can be used only
immediately after the dispossession.
(c) If the property is immovable, there
should be no delay in the use of force to
recover it.
OFFICE
22
• A surgeon who amputated the leg of a ARTICLE 12:
patient to save him from gangrene is not EXEMPTING CIRCUMSTANCES
liable for mutilation, because he was acting
in the lawful exercise of his office. Exempting circumstances are grounds for
exemption from punishment because there is
• The executioner in the Bilibid Prison is also wanting in the agent of the crime of any of the
not liable for murder. conditions which make the act voluntary or
negligent. In exempting circumstances, the crime
Paragraph 6: is committed but no criminal liability arises.
OBEDIENCE TO AN ORDER
• There is a crime committed.
REQUISITES: Or Pu M • But, there is NO criminal liability.
1. An order has been issued by a superior; • There is only civil liability.
2. Such order must be for some lawful purpose;
and Exempting Circumstances: I M A I – U I
3. The means used by the subordinate to carry 1. Imbecility or Insanity (Par. 1);
out said order is lawful. 2. Minority (Pars. 2 & 3);
3. Accident (Par. 4);
NOTES: 4. Irresistible Force (Par. 5);
• Both the person who gives the order and the 5. Uncontrollable Fear (Par. 6); and
person who executes it must be acting within 6. Insuperable Cause (Par. 7).
the limitations prescribed by law (People vs.
Wilson; March 7, 1929). Basis: The exemption from punishment is based
on the complete absence of intelligence, freedom
• When the order is not for a lawful purpose, of action, or intent, or on the absence of
the subordinate who obeyed it is criminally negligence on the part of the accused.
liable.
Justifying vs. Exempting Circumstances
HOWEVER, the subordinate is NOT liable for
JUSTIFYING EXEMPTING
carrying out an illegal order if:
(a) He is not aware of the illegality of the It affects the act, not It affects the actor, not
order; and, the actor. the act.
(b) He is not negligent. The act is considered The act is actually
to have been done wrongful but the actor
within the bounds of is not liable.
law; hence, it is
legitimate and lawful in
the eyes of the law.
Since the act is Since the act is actually
considered lawful, wrong, there is a crime.
there is no crime. But, since the actor
acted without
voluntariness, there is
no dolo or culpa.
Since there is no crime Since there is a crime
or criminal, there is no committed though there
criminal liability nor is no criminal liability,
civil liability. there is civil liability
(except as to Art. 12,
pars. 4 & 7).

23
 PARAGRAPH 1:
IMBECILITY OR INSANITY
“An imbecile or an insane person, unless the
latter has acted during a lucid interval”
NOTE: When the imbecile or an insane person
has committed an act which the law defines as a
felony (delito), the court shall order his
confinement in one of the hospitals or asylums
established for persons thus afflicted, which he
shall not be permitted to leave without first
obtaining the permission of the same court.
Basis: There is complete lack of intelligence.
IMBECILITY
Imbecility subsists where a person who, while
advanced in age, has a mental development
comparable to that of children between two and
seven years of age.
NOTE: An imbecile is exempt in ALL cases from
criminal liability.
INSANITY
Insanity is complete deprivation of intelligence,
reason, discernment, or free will in the
commission of the act.
NOTES:
• An insane person is NOT exempt from
liability if it is shown that he acted during
lucid interval.
• There must be a complete deprivation of
intelligence or reason and freedom of will at
the time of the commission of the act, or that
the accused acted without the least
discernment (People vs. Ambal; October 17,
1980).
• Insanity, to be exempting, must exist at the
time of the commission of the felony.
TIME OF INSANITY EFFECT ON
CRIMINAL LIABILITY
At the time of the Exempt
commission of felony
During the trial Accused is criminally
liable, but trial will be
suspended until the
mental capacity of the
accused is restored to
afford him a fair trial,
and accused is
committed to a
hospital.
After judgment or Execution of judgment
while serving sentence is suspended and the
accused is committed
to a hospital. The
period of confinement
in the hospital is
counted for the
purpose of the
prescription of the
penalty.
SCOPE OF INSANITY:
• Somnambulism or sleepwalking, where the
acts of person are automatic, is embraced in
insanity (People vs. Gimena; February 6,
1931).
• Committing a crime while in a dream may be
embraced in insanity (People v. Taneo;
March 31, 1933).
• Temporary insanity caused by malignant
malaria is exempting (El Pueblo de Filipinas
contra Lacena; January 15, 1940).
• Dementia praecox is an irresistible
homicidal impulse. It may be exempting
(People vs. Bonoan; February 17, 1937).
• Epilepsy may be covered by the term
“insanity.” A fit of epilepsy may be
considered as insanity, provided that the
same occurred before or during the
commission of the crime (People vs. Mancao
& Aguilar; January 20, 1927).
• Schizophrenia may be exempting, provided
that it completely deprives the accused of
freedom of will, reason and discernment
(People v. Austria; July 31, 1996).
The following are NOT recognized as insanity
in Philippine jurisdiction:
• Kleptomania, in order to be considered an
exempting circumstance, must be deemed
an “irresistible impulse,” due to one’s “mental
disease or mental defect when the accused
has been deprived of or has lost the power of
24
 his will,” as investigated by a competent
psychiatrist (Reyes, supra., p. 221-222; see
also People vs. Bonoan; February 17, 1937).
Kleptomania, if it only diminishes willpower,
is merely mitigating (Reyes, id.).
• Mere abnormality in the mental faculties is
not insanity (People vs. Aragon; August 4,
1988).
PARAGRAPHS 2 & 3 (repealed):
MINORITY (under R.A. 9344)
Basis: There is lack of intelligence.
R.A. 9344 (Juvenile Justice and Welfare Act)
impliedly repealed pars. 2 and 3, Article 12.
PERIODS OF CRIMINAL RESPONSIBILITY

• Mere weakness of the mind or mental ABSOLUTE 15 years and below

faculties is not insanity (People vs. Ambal; Irresponsibility (under R.A. 9344)
October 17, 1980). CONDITIONAL Between 15 and 18
Exemption years of age
• Feeblemindedness is not insanity (nor an FULL Responsibility 18 years or over to 70
exempting circumstance in general), years of age
because the offender could distinguish right
MITIGATED 15 or over but less
from wrong. An imbecile or an insane person
Responsibility than 18 years, and
cannot distinguish right from wrong (People
over 70 years.
vs. Nuñez; July 23, 1997).
CHILD IN CONFLICT WITH THE LAW
• Pedophilia is not insanity (People vs. Diaz;
It refers to a child who is alleged as, accused of,
January 28, 1998).
or adjudged as, having committed an offense
under Philippine laws (Sec. 4(e), R.A. 9344).
• Insanity brought about by intoxication is
NOT exempting (People vs. Tabugoca;
MINIMUM AGE OF CRIMINAL LIABILITY
January 28, 1998).
(Section 6, R.A. 9344):
1. A child of 15 years of age or under at the
• Amnesia is not insanity (People v. time of commission of offense shall be
Tabugoca; January 28, 1998).
EXEMPTED from criminal liability.
• Eccentricity or abnormality of behavior is The child shall be subjected to an
NOT insanity (People v. Magallano; October intervention program pursuant to Sec. 20.
30, 1980).
The child referred herein shall be released to
Imbecility vs. Insanity the custody of his/her parents or guardian, or
IMBECILITY INSANITY in the absence thereof, the child’s nearest
It is a temporary It is permanent. relative.
ailment.
If the parents, guardians or nearest relatives
It is not continuous. It is continuous. cannot be located or if they refuse to take
It exempts the It exempts the custody, the child shall be released to a duly
accused from criminal accused from registered non-governmental or religious
liability, unless he criminal liability at all organization, a barangay official or a member
commits the crime times. of the Barangay Council for the Protection of
during a lucid interval. Children or when appropriate, DSWD.

If the child referred herein is found to be

abandoned, neglected or abused by his
parents or in the event that the parents will
not comply with the prevention program, the
DSWD will file the petition for involuntary
commitment pursuant to “The Child and
Youth Welfare Code.”

25

2. A child above 15 years but below 18 years
of age shall likewise be EXEMPTED from
criminal liability and be subjected to
intervention program pursuant to Section 20,
UNLESS he/she has acted with discernment.
If the child referred herein acted with
discernment, he/she shall undergo diversion
programs without undergoing court
proceedings subject to the following
conditions pursuant to Section 23:
(a) Where the imposable penalty is not more
than 6 years of imprisonment, the
Punong Barangay or law enforcement
officer shall conduct mediation, family
conferencing and conciliation;
(b) Where the imposable penalty exceeds 6
years imprisonment, diversion measures
may be resorted to by the court only.
3. Persons below eighteen years of age shall
be exempt from criminal prosecution for
sniffing rugby under P.D. No. 1619, such
being inconsistent with the United Nation’s
Convention on the Rights of the Child;
provided that said persons shall undergo
appropriate counseling and treatment
program.
determination of probable cause in the
following instances:
(a) When the child in conflict with the law
does not qualify for diversion;
(b) When the child, his/her parents or
guardian does not agree with diversion;
or
(c) Upon determination by the prosecutors
that diversion is not appropriate for the
child in conflict with the law.
• The child can be subjected to criminal
prosecution when there is a refusal to be
subjected to reformation or when there is
failure to reform the child.
PRESUMPTION OF MINORITY:
The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to
be 18 years old or older as provided by Section
7, R.A. 9344.

DISCERNMENT
It refers to the mental capacity of a minor to
understand the difference between right and
wrong and fully appreciate the consequences of
his unlawful act.

It may be shown by (1) the manner the crime

was committed, or (2) the conduct of the offender
after its commission.

Age Discernment Exemption

15 and below Immaterial Yes
Over 15 but Without Yes
not over 18 With No

NOTES:
• The exemption from criminal liability herein
established does NOT include exemption
from civil liability, which shall be enforced in
accordance with existing laws.

• Section 33, R.A. 9344 provides that the

prosecutor shall conduct a preliminary
investigation and file information upon

26
DETERMINATION OF AGE
General Rule: The age of a child may be
determined from –
(a) Birth certificate;
(b) Baptismal certificate; or
(c) Any other pertinent documents.
EXCEPTIONS: In the absence thereof, age may
be based on information from –
(a) The child himself/herself;
(b) Testimonies of other persons;
(c) Physical appearance of the child; and
(d) Other relevant evidence.
NOTE: Any person alleging the age of the child
in conflict with the law has the burden of proving
the age of the child.
• If the age is contested PRIOR to the filing of
the information in court, a case for
determination of age under summary
proceeding may be filed before the Family
Court which shall render its decision within
24 hours from receipt of pleadings.
AUTOMATIC SUSPENSION OF SENTENCE
(Section 38, R.A. 9344):
Once the child who is under 18 years of age at
the time of the commission of the offense is
found guilty of the offense charged, the court
shall determine and ascertain any civil liability
which may have resulted from the offense
committed. However, instead of pronouncing the
judgment of the conviction, the court shall place
the child in conflict with law under suspended
sentence, without need of application and
impose the appropriate disposition measures as
provided in the Supreme Court.
• Suspension of sentence shall still be applied
even if the juvenile is already 18 years of
age or more at the time of the
pronouncement of guilt.
Upon recommendation of the social worker who
has custody of the child, the court shall order the
final discharge of the child. The discharge of the
child in conflict with the law shall not affect the
civil liability resulting from the commission of the
offense.
EXEMPTION FROM CRIMINAL LIABILITY
General Rule: A child in conflict of the law is
exempt from any criminal liability if he did not act
with discernment.
EXCEPTIONS: A person below 18 years of age
shall be exempt from prosecution, whether he
acted with discernment or not, of: P M S
(a) Prostitution (Article 202, RPC);
(b) Mendicancy (P.D. 1563); and
(c) Sniffing rugby (P.D. 1619), provided that
said persons shall undergo appropriate
counseling and treatment program.
PARAGRAPH 4:
ACCIDENT
“Any person who, while performing a lawful
act with due care, causes an injury by mere
accident without fault or intention of causing
it” (Article 12, par. 4)
ELEMENTS: La D A W
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by mere
accident; and
4. Without fault or intention of causing it.
Basis: Accused lacks negligence and intent.
ACCIDENT
An accident is something that happens outside
the sway of our will, and although it comes about
through some act of our will, lies beyond the
bounds of humanly foreseeable consequences
(Reyes, supra., p. 231).
NOTE: An accident presupposes lack of intention
to commit the wrong done.
PARAGRAPH 5:
IRRESISTIBLE FORCE
“Any person who act under the compulsion
of irresistible force”
IRRESISTIBLE FORCE
It means that the offender used violence or
physical force to compel another to commit a
crime.
Basis: There is complete absence of freedom or
voluntariness.
27
ELEMENTS: P I T • A threat of future injury is not enough
1. Compulsion is by means of physical force. (People vs. Anod; August 25, 2009).
2. The physical force must be irresistible; and
3. Physical force must come from a third Irresistible Force vs. Uncontrollable Fear
person.
IRRESISTIBLE UNCONTROLLABLE
FORCE FEAR
NOTES:
• Passion and obfuscation cannot amount to Offender uses Offender employs
irresistible force. violence or physical intimidation or threat
force to compel in compelling another
• The force must be irresistible to reduce the another person to to commit crime.
actor to a mere instrument who acts not only commit crime.
without will but against his will. The duress, Irresistible force must Intimidation or threat
force, fear or intimidation must be present, be made directly may be directed to a
imminent and impending and of such nature against the person of third person (e.g. life
as to induce a well-grounded apprehension the accused. of daughter).
of death or serious bodily harm if the act is Injury feared may be The evil feared must
not done. A threat of future injury is NOT of lesser degree than be greater or at least
enough. The compulsion must be of such a the damage caused by equal to the damage
character as to leave no opportunity to the the accused. caused to avoid it.
accused for escape or self-defense in equal
combat (People vs. Loreno; July 9, 1984).
PARAGRAPH 7:
PREVENTED BY SOME LAWFUL OR
PARAGRAPH 6:
INSUPERABLE CAUSE
UNCONTROLLABLE FEAR
“Any person who fails to perform an act
“Any person who acts under the impulse of
required by law, when prevented by some
an uncontrollable fear of an equal or greater
lawful insuperable cause”
injury” (Article 12, par. 6)
Basis: Accused acts without intent.
UNCONTROLLABLE FEAR
It means that the offender employs intimidation
ELEMENTS: A F – LI
or threat in compelling another to commit a
1. An act is required by law to be done;
crime. The compulsion is by means of
2. A person fails to perform such act; and
intimidation or threat, NOT force or violence.
3. His failure to perform such act was due to
some lawful or insuperable cause.
Basis: Complete absence of freedom. “Actus me
invito factus non est meus actus” (An act done by
“Insuperable” means “impossible to overcome.”
me against my will is not my act).
Examples:
ELEMENTS: G Evil
1. A person arrested must be delivered to the
1. The threat which causes the fear is of an evil
nearest judicial authority at most within
greater than, or at least equal to, that which
eighteen (18) hours. The distance which
he is required to commit; and
required a journey for three days was
2. It promises an evil of such gravity and
considered an insuperable cause.
imminence that the ordinary man would have
succumbed to it.
2. The municipal president detained the
offended party for three days because to
NOTES:
take him to the nearest justice of the peace
• Duress as a valid defense should be based required a journey for three days by boat as
on real, imminent, or reasonable fear for there was no other means of transportation
one’s life or limb and should not be (U.S. vs. Vicentillo; March 18, 1911).
speculative, fanciful or remote fear (People
vs. Quilloy; January 10, 1951).

28
3. A mother who at the time of child birth was induce, lure or incite a to ways and means for
overcome by severe dizziness and extreme person who is not the purpose of capturing
debility, and left the child in a thicket where minded to commit a the lawbreaker in
said child died is not liable for infanticide, crime and would not flagrante delicto.
because it was physically impossible for her otherwise commit it,
to take home the child (People vs. Bandian; into committing the
September 30, 1936). crime.
This circumstance This circumstance is no
ABSOLUTORY CAUSES absolves the accused bar to prosecution and
from criminal liability. conviction of the
These are causes where the act committed is a lawbreaker.
crime but for reasons of public policy and
sentiment there is no penalty imposed.

EXAMPLES:
1. Spontaneous desistance (Article 6);
2. Where an accessory is exempt from criminal
liability under Article 20;
3. Death or physical injuries under exceptional
circumstance pursuant to Article 247;
4. Where a person is exempt from criminal
liability for theft, swindling or malicious
mischief by relationship to the offended party
under Article 332;

5. INSTIGATION
It is where the actor otherwise innocent, was
induced by the public officer to commit the
crime such that the latter himself becomes a
principal by inducement or by indispensable
cooperation.

NOTES:
• Instigation must be made by public
officers or private detectives.

• If the one who made the instigation is a

private individual, not performing public
function, both he and the one induced
are criminally liable for the crime
committed.

• Entrapment is NOT an absolutory cause

(People vs. Marcos; May 8, 1990).

Instigation vs. Entrapment

INSTIGATION ENTRAPMENT
The idea and design The criminal design
to bring about the originates from and is
commission of the already in the mind of
crime originated and the lawbreaker even
developed in the mind before entrapment.
of the law enforcers.
The law enforcers The law enforcers resort

29
 ARTICLE 13: Justifying and Exempting circumstances
MITIGATING CIRCUMSTANCES which may give rise to mitigation:

Mitigating Circumstances are those which, if 1. Self-defense;

present in the commission of the crime, do not 2. Defense of relative;
entirely free the actor from criminal liability, but 3. Defense of stranger;
serve only to reduce the penalty. 4. State of necessity;
5. Performance of duty
Rationale: There is diminution of either freedom 6. Obedience to order of superior;
of action, intelligence, or intent, or on the lesser 7. Minority over 15 and under 18 years;
perversity of the offender. 8. Accident;
9. Uncontrollable fear.
CLASSES:
(a) Ordinary (Those enumerated in Article 13, EXCEPTION:
paragraphs 3 to 10); Article 12, par. 1 (imbecility and insanity) and
par. 2 (minority – 15 years old and below)
NOTE: Two or more OMCs equal one CANNOT give place to mitigation, because the
privileged MC (Article 64). mental condition of a person is indivisible – there
is no middle ground between sanity and insanity,
(b) Privileged (Articles 64, 68, & 69); and between presence and absence of intelligence
(c) Specific (It applies to specific felonies, e.g. (Decs. of Sup. Ct. of Spain of December 19,
concealment of dishonor in intentional 1901 and of October 3, 1884).
abortion and infanticide).
NOTE: This mitigating circumstance applies
when not all the requisites are present. If two
Ordinary vs. Privileged
requisites are present, it is a privilegedmitigating
ORDINARY PRIVILEGED circumstance.
It can be offset by an It cannot be offset by
aggravating any aggravating INCOMPLETE
circumstance. circumstance. NOTES
CIRCUMSTANCES
If it is not offset, it will It operates to reduce 1. Self-defense “Unlawful aggression”
operate to reduce the the penalty to one or 2. Defense of MUST be present, it
penalty to the two degrees depending relative being an indispensible
minimum period, upon what the law 3. Defense of requisite.
provided the penalty is provides. stranger
divisible. If only “U” is present,
there is only an OMC
NOTE: Mitigating circumstances which arise (1) (generic).
from the moral attributes of the offender, or (2)
from his private relations with the offended party, If there is “U” plus any
or from any other personal cause, shall only of the other two
serve to mitigate the liability of the principals, requisites, there is
accomplices, and accessories as to whom the PMC (see Article 69).
circumstances are attendant (Article 62, par. 3). 4. Avoidance of If any of the last two
greater evil or requisites is absent,
Paragraph 1: injury there is only a
INCOMPLETE JUSTIFYING OR mitigating
EXEMPTING CIRCUMSTANCES circumstance.
5. Performance of Presence of only one
“Those mentioned in the preceding chapter, a duty or lawful requisite is a PMC
when all the requisites necessary to justify or exercise of right because it only has
to exempt from criminal liability in the or office; and two requisites.
respective cases are not attendant” (Article 6. Obedience to
13, par. 1, RPC). order

30
 7. Accident If the requisites of (1)
due care, and (2)
NOTE: Since without fault are
this has four (4) absent, the case will
requisites, Atty. fall under Article 365.
Ticman opined
that only two (2) Ergo, there is MC
requisites are because the penalty is
needed to be lower than that provide
proven to be a for intentional felony.
MC.
If the requisites of (1)
lawful act and (2)
without intention are
absent, it will be an
intentional felony.
8. Uncontrollable If only one requisite is
fear present, there is only a
mitigating
circumstance.
Paragraph 2:
AGE OF MITIGATED RESPONSIBILITY
Basis: There is diminution of intelligence – a
condition of voluntariness.
LEGAL EFFECTS OF OFFENDER’S AGE
AGE EFFECT
15 years and below Absolute exemption from
criminal liability, with or
without discernment
Over 15 but under (a) Exempting, if minor
18 years of age acted without
discernment
(Presence of (b) Mitigating, if minor
discernment is acted with
considered.) discernment (the
penalty will be
reduced by one
degree lower than
that imposed (Section
68, par.2, R.A. 9344)
Minor delinquent Sentenced suspended
under 18 years (amended by R.A. 9344)
Over 18 years and Full criminal responsibility
below 70 years
70 years or over Generic MC; No
(Senility) imposition of death
penalty (NOTE: The
imposition of the death
penalty is prohibited by
law per R.A. 9346).
NOTE: The age of the accused at the time of the
commission of the crime, NOT the age at the
time of trial, should be determined for purposes
of this mitigating circumstance.
DISCERNMENT
It means the capacity of the child of the offense
to understand the differences between right and
wrong and the consequences of the wrongful act.
• The determination of discernment shall take
into account the ability of the child to
understand the moral and psychological
components of criminal responsibility and the
consequences of the wrongful act; and
whether the child can be held responsible for
essentially antisocial behavior.
• Discernment may be shown by (a) the
manner the crime was committed, or (b) the
conduct of the offender after its commission.
DISCERNMENT INTENT
It refers to the moral It refers to the
significance that a desired act of the
person ascribes to person.
the said act.
PRESUMPTION OF MINORITY
The CICL shall enjoy the presumption of minority
and shall enjoy all the rights of a CICL until
proven to be 18 years old or older at the time of
the commission of the offense.
In case of doubt as to the age of the child, it shall
be resolved in his/her favor (Sec. 7, R.A. 9344).
Paragraph 3:
NO INTENTION TO COMMIT
SO GRAVE A WRONG
“That the offender had no intention to commit
so grave a wrong as that committed” (Article
13, par. 3)
Basis: Intent, an element of voluntariness in
intentional felony, is diminished.
RULES FOR APPLICATION:
(a) This can be taken into account ONLY when
the facts proven show that there is a notable
and evident disproportion between the
31
 means employed to execute the criminal act
and its consequence.
(b) It is applicable ONLY to offenses resulting to
physical injuries or material harm.
HENCE, this is not appreciated in cases of
oral defamation.
(c) It is NOT applicable to felonies where
intention is immaterial.
HENCE, it will NOT apply to felonies by
negligence because in felonies through
negligence, there is no intent on the part of
the offender which may be considered.
NOTES:
• Intention, being an internal state, must be
judged by external acts.
• It is the intention of the offender at the
particular moment when he executes or
commits the criminal act, not his intention in
the planning stage, which must be
considered.
• It is appreciated in murder qualified by
circumstances based on manner of
commission, not on the state of mind of the
accused.
• It is not appreciated in murder qualified by
treachery.
• In crimes involvingpersons who do not die as
a result of the assault, the absence of the
intent to kill reduces the felony to mere
physical injuries, but it does not constitute a
mitigating circumstance under Article 13,
paragraph 3(People vs. Galacgac; C.A. 54
O.G. 1207).
• This is not applicable when the offender
employed brute force.
Paragraph 4:
PROVOCATION OR THREAT
“That sufficient provocation or threat on the
part of the offended party immediately
preceded the act” (Article 13, par. 4)
Basis: Intelligence and intent are diminished.
REQUISITES: S OR I
1. The provocation/threat must be sufficient;
2. It must originate from offended party; and
3. The provocation/threatimmediately preceded
the act (i.e. the commission of the crime by
the person who is provoked).
NOTES:
• PROVOCATION
It is any unjust or improper conduct or act of
the offended party, capable of exciting,
inciting, or irritating anyone.
• SUFFICIENT PROVOCATION
It subsists where it is adequate to excite a
person to commit the wrong and must be
accordingly proportionate to its gravity.
As to whether or not a provocation is
sufficient depends upon the act constituting
the provocation, the social standing of the
person provoked, the place and the time
when the provocation was made.
• The threat should NOT be offensive and
positively strong, because if it is, the threat to
inflict real injury is an unlawful aggression
which may give rise to self-defense.
• Provocation must be immediate to the
commission of the crime. When there is an
interval of time between the provocation and
the commission of the crime, the conduct of
the offended party could not have excited the
accused to the commission of the crime, he
having had time to regain his reason and
exercise of self-control.
• Provocation should also be proportionate to
the damage caused by the act and adequate
to stir one to its commission (People vs.
Lopez; November 15, 2000).
• The threat should NOT be offensive and
positively strong because, if it is, the threat to
inflict real injury is an unlawful aggression
which may give rise to self-defense(U.S. v.
Guysayco; 13 Phil. 292).
• Vague threats are NOT sufficient to warrant
a mitigating circumstance (e.g. “Beware.”)
Paragraph 5:
VINDICATION OF GRAVE OFFENSE
32
“That the act was committed in the immediate It is made directly to Grave offense may
vindication of a grave offense to the one the person committing be committed against
committing the felony (delito), his spouse, the felony. the relatives of the
ascendants, or relatives by affinity within the offender.
same degrees” (Article 13, par. 5)
The cause that The offended party
brought about the must have done a
Basis: It concerns the honor of a person, an
provocation need not grave offense to the
offense which is more worthy of consideration
be a grave offense. offender or his
than mere spite against one giving a provocation
relatives.
or threat.
It must immediately Vindication may be
• There is diminution of conditions of precede the act, i.e. proximate (which
voluntariness. there can be no admits an interval of
interval of time time between the
REQUISITES: Gra Vin between provocation grave offense done
1. There be a grave offense done to the one and the commission of by the offended party
committing the felony, his spouse, the crime. and the commission
ascendants, descendants, legitimate, natural of the crime by the
or adopted brothers or sisters, or relatives by accused).
affinity within the same degrees; and NOTE: There is greater leniency in
2. The felony is committed in immediate “vindication” due to the fat that it concerns the
vindication of such grave offense honor of the person – an offense against which
is more worthy of consideration than mere spite
NOTES: against the one giving provocation or threat.
• The Spanish text provides “proxima.” Hence,
“immediate” allows a lapse of time between Paragraph 6:
the vindication and the doing of the grave PASSION OR OBFUSCATION
offense.
“That of having acted upon an impulse so
A lapse of time is allowed between the grave powerful as naturally to have produced
offense and the vindication. Although the passion or obfuscation” (Article 13, par. 6)
grave offense, which engendered
perturbation of mind, was not so immediate, Basis: Intelligence and intent are diminished.
it was held that the influence thereof, by
reason of its gravity and the circumstances
under which it was inflicted, lasted until the REQUISITES: Im Powerful
moment crime was committed (People vs. 1. The accused acted upon an impulse;
Parana; March 31, 1937). 2. The impulse must be so powerful that it
naturally produced passion or obfuscation in
• “Grave offense” includes any act that is him.
offensive to the offender or his relatives and
the same need not be unlawful. FURTHER REQUISITES:
1. There is an act, both unlawfulAND sufficient
The question of whether or not a certain to produce such a condition of mind; and
personal offense is grave must be decided 2. Said act which produced the obfuscation was
by the court, having in mind (1) the social not far removed from the commission of the
standing of the person, (2) the place, and (3) crime by a considerable length of time,
the time when the insult was made (People during which the perpetrator might recover
vs. Ruiz; October 30, 1979). his normal equanimity (People vs. Cuasay;
October 17, 2008).
• Vindication is incompatible with passion or
obfuscation. NOTES:
• The word “obfuscation” comes the Latin
Provocation vs. Vindication word obfuscatio from obfuscāre which means
PROVOCATION VINDICATION "to darken".

33
 force.
• Passion or obfuscation may constitute a It is in the offender It must come from
mitigating circumstance ONLY when the himself. a third person.
same arose from lawful sentiments.
It must arise from lawful It arises from
• Even if there is actually passion or sentiments. unlawful
obfuscation on the part of the offender, there sentiments.
is no mitigating circumstance when:
(a) Act is committed in a spirit of Paragraph 7:
lawlessness; or VOLUNTARY SURRENDER AND
(b) Act is committed in a spirit of revenge. CONFESSION OF GUILT

• Exercise of a right or fulfillment of duty is not “That the offender had voluntarily
proper source of passion or obfuscation. surrendered himself to a person in authority
or his agents, or that he had voluntarily
• The cause producing passion or obfuscation confessed his guilt before the court prior to
must come from the offended party. the presentation of the evidence for the
prosecution” (Article 13, par. 7)
• It is compatible with lack of intention to
commit so grave a wrong. Two generic mitigating circumstances:
1. Voluntary surrender to a person in authority
• Passion or obfuscation is or his agents; and
INCOMPATIBLEwith: 2. Voluntary confession of guilt before the court
(a) Vindication of grave offense; prior to the presentation of evidence of the
(b) Treachery; and prosecution.
(c) Evident premeditation.
NOTE: When BOTH are present they should
Passion/Obfuscation vs. Provocation have the effect of mitigating the penalty as two
independent circumstances(People vs. Fontabla;
PASSION/OBFUSCATION PROVOCATION July 5, 1935).
It is produced by an It comes from the
impulse which may be injured party. VOLUNTARY SURRENDER
caused by provocation.
The offense which causes Provocation must Basis: There is lesser perversity.
perturbation of mind need immediately
not be immediate. It is only precede the REQUISITES: No Sur Vo N
required that the influence crime. 1. Offender had NOT been actually arrested;
thereof lasts until the 2. The offender surrenders himself to a person
moment the crime is in authority or to the latter’s agent.
committed. 3. The surrender was voluntary.
The effect is loss of reason and self-control on 4. There is no pending warrant of arrest or
the part of the offender. information filed(People v. Taraya; October
27, 2000) (Exception:De Vera vs. De Vera)
NOTE: If obfuscation and provocation arose
from one and the same act, both shall be
“Person in authority” is one directly vested
treated as only one mitigating circumstance.
with jurisdiction, i.e. a public officer who has
the power to govern and execute the laws
Passion/Obfuscation vs. Irresistible Force whether as an individual or as a member of
PASSION OR IRRESISTIBLE some court or governmental corporation,
OBFUSCATION FORCE board or commission.
Mitigating Exempting
“Agent of a person in authority” is a
There is no physical It requires physical person, who, by direct provision of the law or
force; hence, it cannot force. by election or by appointment by competent
give rise to irresistible authority, is charged with the maintenance of

34
 public order and the protection and security
of life and property and any person who
comes to the aid of persons in authority.
NOTES:
• For the mitigating circumstance of voluntary
surrender to be appreciated, the surrender
must be spontaneous and in a manner that
shows that the accused made an
unconditional surrender to the authorities,
either based on recognition of guilt or from
the desire to save the authorities from the
trouble and expenses that would be involved
in the search and capture of the accused.
Moreover, it is imperative that the accused
was not actually arrested, the surrender is
before a person in authority or an agent of a
person in authority, and the surrender was
voluntary(People vs. Badriago; May 8, 2009).
• When the warrant of arrest had not been
served or not returned unserved, the
surrender is mitigating.
• The law does not require that the surrender
be prior to the order of arrest.
• Surrender of weapons CANNOT be equated
with voluntary surrender.
• Voluntary surrender does not simply mean
non-flight. It is not required that the accused
did not escape or went into hiding.
• The surrender must be by reason of the
commission of the crime for which the
defendant is prosecuted.
• Intention to surrender, without actually
surrendering, is not mitigating.
The accused must actually surrender his own
person to the authorities, admitting complicity
in the crime. His conduct, after the
commission of the crime, must indicate a
desire on his part to own the responsibility for
the crime (People vs. Flores, 21 CAR 2s,
417; 1976).
• When the offender imposed a condition or
acted with external stimulus, his surrender is
not voluntary.
VOLUNTARY PLEA OF GUILTY
REQUISITES: SOPO
1. The offender spontaneously (voluntary; not
conditional) confessed his guilt;
2. The confession of guilt was made in open
court, that is, before the competent court that
is to try the case;
3. The confession of guilt was made prior to the
presentation of evidence for the prosecution;
and
4. The confession is to the offense charged in
the information, not to a different offense
(People vs. Dawaton).
NOTES:
• It must be made before trial begins and at
the first instance or original state, NOT
during a trial de novo or on appeal.
Plea of guilty in the CFI (RTC) in a case
appealed from the Municipal Trial Court is
not mitigating, because the plea of guilty
must be made at the first opportunity, that is,
in the Municipal Court(People vs. De La
Peña; November 3, 1938).
• Plea made after arraignment and after trial
has begun does NOT entitle accused to this
mitigating circumstance.
• Withdrawal of plea of not guilty and pleading
guilty before presentation of evidence by the
prosecution is still mitigating.
• A plea of guilty to the amended information is
accepted.
• A conditional plea of guilty is NOT a
mitigating circumstance.
• Plea of guilty to a lesser offense is NOT a
mitigating circumstance because the plea of
guilt was not to the offense charged.
• Where the accused plead guilty to a lesser
offense that was entirely new information and
no evidence was presented in connection
with the charges made therein before the
accused entered his plea of guilty, the
accused is entitled to the mitigating
circumstance of plea of guilty(People vs.
Ortiz; November 29, 1965).
• Where the accused plead guilty to a capital
offense, that court shall conduct a searching
inquiry into the voluntariness and full
35
 comprehension of the consequences of his
plea and shall order the prosecution to prove
his guilt and the precise degree of culpability.
• Plea of guilty is NOT mitigating in culpable
felonies and crimes under special laws.
Paragraph 8:
PHYSICAL DEFECT
“That the offender is deaf and dumb, blind or
otherwise suffering some physical defect
which thus restricts his means of action,
defense, or communications with his fellow
beings” (Article 13, par. 8)
Basis: There is diminution of action; therefore, a
diminution of voluntariness.
NOTES:
• Physical defect must restrict means of action,
defense, or communication with fellow
beings.
• Not just any physical defect will affect the
crime. It will only do so if it has some relation
to the crime committed.
• The physical defect that a person may have
must have a relation to the commission of
the crime. This circumstance must also have
a bearing on the crime committed and must
depend on how the crime was committed.
HOWEVER, Atty. Ticman opines that the
provision should be construed in favor of
leniency to the accused. The provision is
clear and it does not provide for a
qualification that the physical defect should
have some relation to the crime committed.
Rule of lenity should be applied.
• This paragraph does not distinguish between
educated and uneducated persons with
physical defect.
Paragraph 9:
ILLNESS OF THE OFFENDER
“Such illness of the offender as would
diminish the exercise of the will-power of the
offender without however depriving him of
the consciousness of his acts” (Art. 13, par. 9)
Basis: Intelligence and intent are diminished.
REQUISITES:Dim–No
1. The illness of the offender must diminish the
exercise of his will-power;
2. Such illness should NOT deprive the
offender of consciousness of his acts.
NOTES:
• It includes illness of the mind not amounting
to insanity.
• If the illness not only diminishes the exercise
of the offender’s will power but deprives him
of the consciousness of his acts, it becomes
an exempting circumstance to be classified
as insanity or imbecility.
Paragraph 10:
SIMILAR & ANALOGOUS CIRCUMSTANCES
Article 13, par. 10 authorizes the court to
consider in favor of the accused “any other
circumstance of a similar nature and analogous
to those mentioned” in paragraphs 1 to 9.
EXAMPLES:
(a) Over 60 years old with failing sight, similar to
over 70 years of age under paragraph 2;
(b) Impulse of jealous feeling, similar to passion
and obfuscation;
(c) Manifestations of battered wife syndrome,
analogous to an illness that diminishes the
exercise of will power(People vs. Genosa);
(d) Voluntary restitution of stolen property in
theft(Canta vs. People) and reimbursement,
whole or partial, in malversation (Legrama
vs. Sandiganbayan) are similar to voluntary
surrender and confession of guilt.
ARTICLE 14:
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances are those which, if
attendant in the commission of the crime, serve
to increase the penalty without, however,
exceeding the maximum of the penalty provided
by law for the offense.
Basis: The greater perversity of the offender
manifested in the commission of the felony as
shown by the motivating power itself, the place of
commission, the means and ways employed, the
time, or the personal circumstances of the
offender or the offended party.
36
KINDS: offense(People vs. Palaganas; September
(a) GENERIC: Those that can generally apply to 12, 2006).
all crimes, such as –
Examples:
1. Advantage taken of public position; 1. Quasi-recidivism (Article 160)
2. Contempt or insult of public authorities; 2. Complex crimes (Article 48)
3. Crime committed in the dwelling of the 3. Those found elsewhere in RPC other
offended party; than in Article 14, or in special laws.
4. Abuse of confidence or obvious
ungratefulness; Generic vs. Qualifying
5. Places of commission of offense;
GENERIC QUALIFYING
6. Nighttime, uninhabited place, or by a
band; Its effect, if not offset Its effect is not only
7. Recidivism (reincidencia); by any mitigating to give the crime its
8. Habituality (reiteracion); circumstance, is to proper and exclusive
9. Craft, fraud or disguise; increase the penalty name, but also to
10. Unlawful entry; which should be place the author
11. Breaking of parts of the house; or imposed upon the thereof in such a
12. Use of persons under 15 years of age. accused to the situation as to
maximum period, but deserve no other
(b) SPECIFIC: Those that apply only to without exceeding the penalty than that
particular crimes, such as – limit prescribed by law. specially prescribed
by law.
1. Disregard of rank, age or sex of the It can be offset by a It cannot be offset by
offended party; mitigating a mitigating
2. Abuse of superior strength or means be circumstance. circumstance.
employed to weaken the defense;
3. Treachery (alevosia); Generic vs. Special
4. Ignominy; or
5. Cruelty. GENERIC SPECIAL
It can be offset by an It cannot be offset by
(c) QUALIFYING: Those that change the nature ordinary mitigating an ordinary mitigating
of the crime. circumstance. circumstance.
1. Treachery or evident premeditation
qualifies the killing of a person to murder; RULES:
2. Article 248 enumerates the qualifying 1. Aggravating circumstances, regardless of its
circumstances which qualify the killing of kind, should be specifically alleged in the
person to murder. information and proved as fully as the crime
itself in order to increase penalty.
NOTE: Requisites to be appreciated– Aggravating circumstances are NOT
(a) It must be alleged in the information. presumed.
(b) It must be established by proof beyond
reasonable doubt by the prosecution. 2. Aggravating circumstances shall NOT be
taken into account for the purpose of
(d) INHERENT: Those that must of necessity increasing the penalty when:
accompany the commission of the crime. (a) They constitute a crime specifically
punishable by law; or
NOTE: This is no longer appreciated as an (b) They are included by the law in defining
aggravating circumstance. a crime and prescribing the penalty
Example:Evident premeditation is inherent in therefor(Article 62, par. 1); or
robbery, theft, estafa, adultery and (c) They are inherent in the crime to such a
concubinage. degree that it must of necessity
accompany the commission thereof
(e) SPECIAL: Those that arise under special (Article 62, par. 2).
conditions to increase the penalty of the

37
3. Aggravating circumstances which arise (a)
from the moral attributes of the offender, or
(b) from his private relations with the
offended party, or (c) from any other
personal cause, shall only serve to aggravate
the liability of the principals, accomplices and
accessories as to whom such circumstances
are attendant (Article 62, par. 3).
4. Aggravating circumstances which consist (1)
in the material execution of the act, or (2) in
the means employed to accomplish it, shall
serve to aggravate the liability of those
persons only who had knowledge of them at
the time of the execution of the act or their
cooperation therein(Article 62, par. 4).
5. When there is more than one qualifying
aggravating circumstance present, one of
them will be appreciated as qualifying
aggravating while the others will be
considered as generic aggravating.
Paragraph 1:
TAKING ADVANTAGE OF
PUBLIC POSITION
“That advantage be taken by the offender of
his public position”(Par. 1, Article 14)
Basis: There is greater perversity of the offender
as shown by the personal circumstance of the
offender and also by the means used to secure
the commission of the crime.
NOTES:
• The offender must be a public officer.
• The public officer must use the influence,
prestige, or ascendancy which his office
gives him as the means by which he realizes
his purpose (U.S. v. Rodriguez; March 21,
1911).
• But even if defendant did not abuse his
office, if it is proven that he has failed in his
duties as such public officer, this
circumstance would warrant the aggravation
of his penalty. Thus, the fact that the
defendant was the vice-president of a town
at the time he voluntarily joined a band of
brigands makes his liability greater for the
reason that he thus failed in his duties as
such municipal officer (U.S. vs. Cagayan;
April 17, 1905).
• It is NOT aggravating where taking
advantage of official position is made by law
an integral element of, or inherent in the
offense, such as in malversation or in
falsification of document committed by public
officers (Reyes, supra., 353).
• Article 62, par. 1(a) is a special aggravating
circumstance. When, in the commission of
the crime, advantage was taken by the
offender of his public position, the penalty to
be imposed shall be in its maximum
regardless of mitigating circumstances.
• If the accused could have perpetrated the
crime even without occupying his position,
there is no abuse of public position. The
mere fact that accused-appellant is
policeman and used his government issued
.38 caliber revolver to kill is not sufficient to
establish that he misused his public position
in the commission of the crime (People vs.
Herrera; December 5, 2001).
• It is inherent in case of accessories under
Article 19, par. 3, and the crimes committed
by public officers.
• R.A. 7659 provides that crimes committed by
a public officer will be given the penalty
prescribed at its maximum, regardless of the
nature and number of mitigating
circumstance.
Paragraph 2:
CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
“That the crime be committed in contempt or
with insult to the public authorities” (Par. 2,
Article 14)
Basis: There is greater perversity of the
offender, as shown by his lack of respect for the
public authorities.
REQUISITES: EN K Com
1. The public authority is engaged in the
exercise of his functions;
2. Such public authority is NOT the person
against whom the crime is committed;
3. The offender knows him to be a public
authority; and
38
4. His presence has not prevented the offender
from committing the criminal act.
NOTES:
• A public authority is a public officer who is
directly vested with jurisdiction and has the
power to govern and execute laws.
• This is NOT applicable when the crime is
committed in the presence of an agent only.
• Knowledge that a public authority is present
is essential. That knowledge is important
because lack of it indicates the lack of
intention to insult the public authority.
• If the crime is committed against a public
authority while he is in the performance of his
official duty, the offender commits direct
assault without this aggravating
circumstance.
• A teacher is NOT a public authority as within
the contemplation of Article 14(2) (People vs.
Tac-an; February 26, 1990).
Paragraph 3:
DISREGARD OF RANK, AGE,
OR SEX, AND DWELLING
Basis: There is greater perversity of the offender
as shown by the personal circumstances of the
offended party and the place of the commission
of the crime.
(a) Committed with insult or in disregard of
the respect due the offended party on
account of his RANK, AGE, or SEX
The act is committed with insult or in disregard of
the respect due the offended party on account of:
(a) RANK
• There must be a difference in the social
condition of the offender and the
offended party.
(b) AGE
• It applies to cases where the victim is of
tender age as well as of old age.
(c) SEX
• This refers to the female sex only, not
the male sex.
• It is absorbed in treachery.
NOTES:
• There must be a proof of fact of disregard
and deliberate intent to insult the offended
party to appreciate the same as an
aggravating circumstance.
• If all the circumstances are present, they
have the weight of ONE aggravating
circumstance only.
• Disregard of the respect due the offended
party on account of his rank, age, or sex may
be taken into account ONLY in crimes
against persons or honor, when in the
commission of the crime, there is some insult
or disrespect to rank, age or sex. It is NOT
proper to consider this aggravating
circumstance in crimes against
property(People vs. Pagal; October 25,
1977).
• Disregard of old age is NOT aggravating in
robbery with homicide, because such crime
is primarily a crime against property and not
against persons(People vs. Nabaluna; July 7,
1986).
• This circumstance is NOT applicable in
certain cases, to wit:
(a) Offender acted with passion or
obfuscation;
(b) There exists a relationship between the
offended party and the offender; and
(c) The condition of being a woman is
indispensable in the commission of the
crime, such as rape, abduction or
seduction.
(b) Committed in the DWELLING of the
offended party, if latter has not given
provocation
DWELLING
It must be a building or structure, exclusively
used for rest and comfort(People vs. Magnaye;
May 30, 1951).
• Dwelling includes dependencies, the floor of
the staircase and enclosure under the house.
• If the building where the offense was
committed was NOT entirely for dwelling
purposes, dwelling cannot be appreciated as
39
 an aggravating circumstance (People vs.
Taño; May 5, 2000).

• It requires that the crime be wholly or partly

be committed in the dwelling or in any
integral part thereof.

• It is NOT necessary that the accused should

have actually entered the dwelling of the
victim to commit the offense; it is enough that
the victim was attacked inside his own
house, although the assailant may have
devised means to perpetrate the assault from
without (People v. Ompaid; Jan. 31, 1969).

• An act performed cannot be divided or its

unity be broken up, when the offender began
the aggression in the dwelling of the
offended party and ended it in the street or
outside said dwelling. Dwelling is aggravating
if the victim was taken from his house and
killed just beside his abode although the
offense was not completed therein(People
vs. Uycoque and Villanueva; July 31, 1995).

• Dwelling is NOT included in the qualifying

circumstance of treachery.

This aggravating circumstance is based on:

(a) The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
(b) The violation of the sanctity of the home by
trespassing therein with violence or against
the will of the owner.

40
Rule in case of provocation by the owner:
When it is the offended party who has provoked
the incident, he loses his right to the respect and
consideration due in him in his own house
(People vs. Datu Ambis; September 30, 1939).
• The provocation must be:
(a) Given by the owner of the dwelling;
(b) Sufficient; and
(c) Immediate to the commission of crime.
• There must be close relation between
provocation and commission of crime in
dwelling.
When dwelling is NOT an aggravating
circumstance:
(a) When both offender and offended party are
occupants of the same house
EXCEPTION: In case of adultery in the
conjugal dwelling, the same is aggravating.
HOWEVER, if the paramour also dwells in
the conjugal dwelling, the applicable
circumstance is abuse of confidence.
(b) When robbery is committed by the use of
force upon things, dwelling is not aggravating
because it is inherent.
EXCEPTION: Dwelling is aggravating in
robbery with violence against or intimidation
of persons because this class if robbery can
be committed without the necessity of
trespassing of the offended party’s house.
(c) In the crime of trespass to dwelling, it is
inherent or included in the crime.
(d) When the owner of the dwelling gave
sufficient and immediate provocation.
(e) When the dwelling where the crime was
committed did not belong to victim, or when
the victim was not a dweller of the house.
HOWEVER, it is NOT necessary under the
law that the victim owns the place where he
lives or dwells. It is settled that for dwelling to
be appreciated, the victim need not be the
owner of the dwelling. Regardless of whether
the victim was a lessee, a boarder or a
bedspacer (People v. Daniel; November 20,
1978), or even an invited guest (El Pueblo
de Filipinas vs. Basa; May 18, 1949), the
place is his home, the sanctity of which the
law seeks to protect and uphold (People vs.
Hilot; October 5, 2000).
NOTES:
• Dwelling may mean temporary
dwelling(People vs. Badilla; May 21,
1990).
• The Code speaks of “dwelling,” not
domicile (El Pueblo de Filipinas vs.
Basa; May 18, 1949cited in People vs.
Balansi; July 19, 1990).
Paragraph 4:
ABUSE OF CONFIDENCE
“That the act be committed with abuse of
confidence or obvious ungratefulness”(Par.
4, Article 14)
Basis: There is greater perversity of the offender
as shown by the means and ways employed.
REQUISITES: T A F
1. Offended party had trusted the offender.
2. Offender abused such trust by committing a
crime against the offended party.
3. The abuse of confidence facilitated the
commission of the crime.
NOTES:
• The confidence between the offender and
the offended party must be immediate and
personal.
• Abuse of confidence is not considered for the
purpose of increasing the penalty because
they are INHERENT in the following crimes:
(a) Malversation;
(b) Qualified theft;
(c) Estafa by conversion or
misappropriation, and
(d) Qualified seduction.
• The ungratefulness must be such clear and
manifest ingratitude on the part of the
accused.
• It is NOT a mere betrayal of trust, since the
offended party must be the one who actually
reposed his confidence in the offender.

41
 Paragraph 5
“That the crime be committed:
(a) In the palace of the Chief Executive;
(b) In his presence;
(c) Where public authorities are engaged in
the discharge of their duties; or
(d) In a place dedicated to religious worship.”
(Par. 5, Article 14)
• Offender must have decided to commit the
crime when he entered the place of worship.
• The place must be exclusively dedicated to
public religious worship. Hence, private
chapels are not included.
• There must be intention to desecrate the
place dedicated to public religious worship.

Basis: There is greater perversity of the offender
as shown by the place of the commission of the
crime.
(a) That the crime be committed in the palace
of the chief executive
NOTE: It is NOT necessary that the Chief
Executive is in the Malacañan Palace.
• It is NOT necessary that a religious function
is ongoing to appreciate the circumstance.
• Cemeteries are NOT considered as places
dedicated to the worship of God.
Paragraph 6:
OBSCURIDAD, DESPOBLADO, and
ENCUADRILLA

(b) In his (Chief Executive) presence Basis: Greater perversity is shown by the time
and place of the commission of the crime and the
NOTE: Actual performance of duties is NOT means and ways employed.
necessary when crime is committed in the palace
or in the presence of Chief Executive. Aggravating circumstances under this
paragraph are considered when:
(c) Where public authorities are engaged in
the discharge of their duties (a) It FACILITATED the commission of the
crime: Because of the darkness of the night,
the crime can be perpetrated unmolested, or
REQUISITES:
interference can be avoided, or there would
1. Crime occurred in the public office;
be greater certainty in attaining the ends of
2. Public authorities are actually performing
the offender (People vs. Matbagon;
their public duties.
November 12, 1934).
Paragraph 5: Paragraph 2: (b) It is ESPECIALLY SOUGHT for by the
Where Public Contempt or offender to insure the commission of the
Authorities are Insult or Public crime or for the purpose of impunity: The
Engaged in the Authorities offender especially sought for the nighttime,
Discharge of when he sought for it in order to realize the
Duties crime with more ease(People vs. Aquino,
In both, public authorities are in the September 29, 1939).
performance of their duties.
The public authority The offended party (c) The offender TOOK ADVANTAGE thereof
may or may not be should not be the for the purpose of impunity: “For the purpose
the offended party. public authority. of impunity” means to prevent his (accused)
being recognized, or to secure himself
against detection and punishment (People
(d) In a place dedicated to religious worship vs. Matbagon, supra.).
NOTES: GENERAL RULE:
• The crime occurred in a place dedicated to If the aggravating circumstances of nighttime,
religious worship, regardless of religion. uninhabited place or band concur in the
commission of the crime, all will constitute ONE
aggravating circumstance only.

42

EXCEPTION:
They can be considered separately if their
elements are distinctively perceived and can
subsist independently, revealing a greater
degree of perversity.
(a) NIGHT TIME
Nighttime (obscuridad) is that period of
darkness beginning at the end of dusk and
ending at dawn.
Nights are from sunset to sunrise(Art. 13, NCC).
NOTES:
• Commission of the crime must begin and be
accomplished in the nighttime.
• When the place of the crime is illuminated by
light, nighttime is not aggravating.
• Nighttime is NOT especially sought for when:
(a) The notion to commit the crime was
conceived of shortly before the
commission of the crime; or
(b) Crime was committed at night upon a
casual encounter
• The information must allege that nighttime
was sought for, taken advantage of, or that it
facilitated the crime.
• As a RULE, nighttime is absorbed in
treachery, EXCEPT when both the
treacherous mode of attack and nocturnity
were deliberately decided upon in the same
case, in which case they can be considered
separately if such circumstances have
different factual bases.
(b) UNINHABITED PLACE
Uninhabited place (despoblado) contemplates a
place where there are no houses at all, a place at
a considerable distance from town, or where the
houses are scattered at a great distance from
each other.
NOTE: Whether or not the crime committed is
attended by this aggravating circumstance
should be determined, not by the distance of the
nearest house from the scene of the crime, but
whether or not in the place of the commission of
the offense, there was reasonable possibility of
the victim receiving some help(People vs.
Damaso; November 20, 1978).
(c) BY A BAND
A band (encuadrilla) subsists “whenever more
than three (3) armed malefactors shall have
acted together in the commission of the offense.”
NOTES:
• There must be four (4) or more armed men.
(a) The armed persons contemplated must
all be principals by direct participation
who acted together in the execution of
the crime. In this case, conspiracy is
presumed.
(b) If one of the four armed persons is a
principal by inducement, they do not
form a band because one had no direct
participation.
• “By a band” is aggravating in crimes against
property or persons or in the crime of
illegal detention or treason.
• This aggravating circumstance is NOT
applicable in crimes against chastity.
• In the crime of brigandage, which is
committed by more than three armed
persons forming a band of robbers, the
circumstance that the crime was committed
by a band should NOT be considered as
aggravating, because it is inherent in or is
necessarily included in defining the crime.
• This is absorbed in the circumstance of
abuse of superior strength and use of
firearms EXCEPT when the firearm has no
license or there is lack of license to carry the
firearm.
• When the armed men met up casually with
others, and a crime was thereafter
committed, it cannot be considered as an
aggravating circumstance.
43
 Paragraph 7:
CRIME WAS COMMITTED ON OCCASION OF
CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC, OR OTHER
CALAMITY OR MISFORTUNE
“That the crime be committed on the
occasion of conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune” (Par. 7, Article 14)
Basis: Greater perversity is shown by the time of
the commission of the felony.
REQUISITES:O T
1. Crime was committed on the occasion of a
conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune; and
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune.
2. The accused availed himself of their aid or
relied upon them when the crime was
committed.
This aggravating circumstance shall NOT be
considered when:
(a) Both the attacking party and the party
attacked were equally armed;
(b) The accused, as well as those who
cooperated with him in the commission of the
crime, acted under the same plan and for the
same purpose. (People vs. Candado; August
1, 1978).
(c) The accused did not rely on the casual
presence of armed men near the place
where the crime was committed.
NOTES:
• The armed men must NEITHER be
conspirators nor principals. They can only
be, at most, accomplices.

Rationale: The reason for the existence of this • The casual presence of the armed men near
circumstance is found in the debased form of the place where the crime was committed
criminality, met in one who, in the midst of a does not constitute an aggravating
great calamity, instead of lending aid to the circumstance when it appears that the
afflicted, adds to their great suffering by taking accused did not avail of their aid or rely upon
advantage of their misfortune to despoil them. them to commit the crime.

NOTES: • Mere moral or psychological aid or reliance is

• The phrase “or other calamity or misfortune” sufficient to constitute this aggravating
refers to other condition of distress similar to circumstance.
those previously enumerated. Hence, chaotic
conditions after liberation are NOT included • Aid of armed men is absorbed by the
under this paragraph (People vs. Corpus; 43 employment of a band.
O.G. 2249).
• This will NOT apply if the offender was • If there are four armed men, aid of armed
provoked by the offended party during the men is absorbed in the employment of a
calamity or misfortune. band. If there are three armed men or less,
aid of armed men may be the aggravating
Paragraph 8: circumstance.
AID OF ARMED MEN or PERSONS WHO
INSURE OR AFFORD IMPUNITY AID OF ARMED MEN BAND
It is present even if It is required that
“That the crime be committed with the aid of one of the offenders more than three (3)
(a) armed men or (b) persons who insure or merely relied on the armed malefactors
afford impunity” (Par. 8, Article 14) aid. Actual aid is not shall have acted
necessary. together in the
Basis: Grater perversity is shown in the means commission of the
and ways of committing the crime. offense.
Armed men are Band members are
REQUISITES:D–AR accomplices, who take all principals by direct
1. Armed men or persons took part in the part in a minor participation.
commission of the crime, directly or capacity directly or
indirectly; and indirectly.

44

Paragraph 9:
RECIDIVISM
A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of the RPC.
Basis: There is greater perversity of the offender
shown by his inclination to crimes.
REQUISITES: OPEC
1. The offender is on trial for an offense;
2. He was previously convicted by final
judgment of another crime;
3. Both the first and the second offenses are
embraced in the same title of this Code; and
4. Offender is convicted of the new offense.
NOTES:
• The phrase “at the time of trial” is employed
in its generic sense. It is meant to include
everything that is done in the course of trial,
from arraignment until after sentence is
announced by the judge in an open court.
• It is sufficient that the succeeding offense be
committed after the commission of the
preceding offense provided that at the time of
his trial for the second offense, the accused
had already been convicted of the first
offense.
• Recidivism must be taken into account as an
aggravating circumstance no matter how
many years have intervened between the
first and the second felonies. (People vs.
Colocar; November 10, 1934).
• Amnesty extinguishes the penalty and its
effects.
• Pardon does NOT obliterate the fact that the
accused is a recidivist. Pardon does not
prevent a former conviction from being
considered as an aggravating circumstance.
• Recidivism is NOT subject to prescription.
• Being an ordinary aggravating circumstance,
recidivism affects only the periods of a
penalty, EXCEPT in prostitution (Article 202)
and gambling (P.D. 1602) wherein recidivism
increases the penalties by degrees. No other
generic aggravating circumstance produces
such effect.
• If both offenses are committed on the same
date, they shall be considered as only ONE;
hence, they cannot be separately counted in
order to constitute recidivism. Judgment of
conviction handed down on the same day
shall be considered as only one conviction.
• To prove recidivism, it is necessary to allege
the same in the information and to attach
thereto a certified copy of the sentence
rendered against the accused.
• A recidivist is entitled to the benefits of
ISLAW, but is disqualified from availing credit
of his preventive imprisonment.
Paragraph 10:
REITERACION
“That the offender has been previously
punished (a) for an offense to which the law
attaches an equal or greater penalty, or (b) for
two or more crimes to which it attaches a
lighter penalty” (Par. 10, Article 14)
Basis: There is greater perversity of the offender
shown by his inclination to crimes.
REQUISITES: O Se C
1. The accused is on trial for an offense;
2. He previously served sentence:
(a) For another offense to which the law
attaches an equal or greater penalty, or
(b) For two or more crimes to which it
attaches lighter penalty than that for the
new offense;
3. He is convicted of the new offense.
NOTES:
• If, as a result of taking this circumstance into
account, the penalty for the crime of murder
would be death and the offense for which the
offender has been previously convicted are
against property and not directly against
persons, the court should exercise its
discretion in favor of the accused by not
taking this aggravating circumstance into
account.
• Quasi-recidivism CANNOT at the same time
constitute reiteracion since the former exists
before accused begins to serve sentence or
45
 while serving the same, while the latter exists • If alleged as a general aggravating
after the accused has duly served sentence. circumstance, only the liability of the
HENCE, this aggravating circumstance receiver is affected.
cannot apply to a quasi-recidivist. • If alleged as a qualifying aggravating
circumstance, the liabilities of BOTHthe
• If the same set of facts constitutes recidivism giver and the receiver are affected.
and reiteracion, the liability of the accused
should be aggravated by recidivism which 2. The price, reward, or promise should be
can easily be proven. previous to and in consideration of the
commission of the crime.
Reiteracion vs. Recidivism
REITERACION RECIDIVISM NOTES:
• The evidence must show that one of the
Offender shall have It is enough that final accused used money or other valuable
served out his judgment has been consideration for the purpose of inducing
sentence for the first rendered for the first another to perform the deed (US vs. Gamao;
offense. offense. August 30, 1912).
Offenses need not be Offenses are required
included in the same to be included in the • If without previous promise, price or reward
title of the Code. same title of the Code was given after the crime had been
It is not always an It is always an committed as an expression of appreciation
aggravating aggravating for the sympathy or aid shown by the other
circumstance.It is circumstance. accused, it should NOT be taken into
dependent upon the consideration for the purpose of increasing
discretion of the the penalty(U.S. vs. Flores; September 17,
judge. 1914).

• The price, reward, or promise need not

FORMS OF REPETITION
consists of material things or need not be
FORM TYPE actually delivered, it being sufficient that the
Recidivism Generic offer made be accepted before the
Reiteracion/Habituality Generic commission of the offense.
Multi-Recidivism or Extraordinary
Paragraph 12:
Habitual Delinquency
INUNDATION, FIRE, POISON, EXPLOSION,
Quasi-Recidivism Special STRANDING, DERAILMENT, or OTHER
ARTIFICE INVOLVING GREAT
Paragraph 11: WASTE AND RUIN
PRICE, REWARD, or PROMISE
“That the crime be committed by means of
“That the crime be committed in inundation, fire, poison, explosion, stranding
consideration of a price, reward, or promise” of a vessel or intentional damage thereto,
(Par. 11, Article 14) derailment of a locomotive, or by the use of
any other artifice involving great waste and
Basis: There is greater perversity as shown by ruin” (Par. 12, Article 14).
the motivating power itself.
Basis: Greater perversity is shown in the means
REQUISITES: and ways employed by the offender.
1. There are at least two principals:
(a) The principal by inducement; and NOTES:
(b) The principal by direct participation. • Any of the circumstances in paragraph 12
will only be considered to increase the
Whose liability is aggravated? penalty or to change the nature of the
offense when they are used by the offender
as a means to accomplish criminal purpose.

46

• When another aggravating circumstance
already qualifies the crime, any of these
aggravating circumstances shall be
considered as generic aggravating
circumstance only.
• When there is no actual design to kill a
person in burning a house, it is plain arson
even if a person is killed. On the other hand,
if the offender had the intent to kill the victim,
burned the house where the latter was, and
the victim died as a consequence, the crime
is murder, qualified by their circumstance
that the crime was committed “by means of
fire”.
• Further, if fire was used to conceal the killing,
there are separate crimes of arson and
murder/homicide.
• “Inundation” refers to use of water or
causing the water to flood in the commission
of the offense.
• RULES AS TO THE USE OF FIRE:
circumstance (People v. Comadre; June 8,
2004).
Paragraph 13:
EVIDENT PREMEDITATION
Basis: There is greater perversity as shown by
the way of committing the crime.
REQUISITES:The prosecution must prove –
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.
Essence of Evident Premeditation:
The essence of premeditation is that the
execution of the criminal act must be preceded
by cool thought and reflection upon the resolution
to carry out the criminal intent during the space
of time sufficient to arrive at a calm judgment.

Act of the Crime Committed NOTES:

Accused • The date, and if possible, the time when the
Intent was only to Simple arson with a offender determined to commit the crime is
burn the house, specific penalty essential, because the lapse of time is
but somebody is (Article 326). computed from the date and time.
killed.
• There must be evidence showing that the
Fire was used as Murder accused meditated and reflected on his
means to kill intention between the time when the crime
Fire was used to Separate crimes of was conceived by him and the time it was
conceal the killing arson and actually perpetrated (People vs. Carillo;
murder/homicide. February 28, 1950).

• “EXPLOSION”: If there is intent to kill and
explosion is used by the offender to
accomplish the criminal purpose, it is murder
if the victim dies as a direct consequence
thereof.
• When the killing is perpetrated with treachery
and by means of explosives, the latter shall
be considered as a qualifying circumstance.
Since the use of explosives is the principal
mode of attack, reason dictates that this
attendant circumstance should qualify the
offense instead of treachery which will then
be relegated merely as a generic aggravating
• Mere threat not of a direct and specific
character shows accused was undetermined.
• Premeditation must be based upon external
acts and not presumed from mere lapse of
time.
• EFFECT OF CONSPIRACY:
When conspiracy is directly established,
evident premeditation is presumed to exist.
However, when conspiracy is implied,
evident premeditation cannot be presumed.
• Evident premeditation is absorbed by reward
or promise in so far as the inducer is

47
 concerned since he obviously reflected in This is NOT aggravating:
planning the crime. 1. Where the unlawful scheme could have been
carried out just the same even without the
• When the victim is different from that pretense (People vs. Aspili).
intended (error in personae), premeditation is 2. Craft partakes of an element of the offense.
NOT aggravating.
(b) FRAUD
However, if the offender premeditated in the
killing of ANY person (general plan), it is It is the use of insidious words and machinations
proper to consider against the offender this used to induce the victim to act in a manner
aggravating circumstance because whoever which would enable the offender to carry out his
is killed by him is contemplated in his design.
premeditation.
FRAUD CRAFT
• Evident premeditation is INHERENT in the
following crimes:ARTEA There is direct The act of the
(a) Arson; inducement by accused was done in
(b) Robbery; insidious words or order not to arouse
(c) Theft; machinations. the suspicion of the
(d) Estafa; or victim.
(e) Analogous offenses.
(c) DISGUISE
• Evident premeditation, while inherent in
robbery, may be aggravating in robbery with It is by resorting to any device to conceal identity.
homicide if the premeditation included the
killing of the victim. NOTES:
• The fact that the mask subsequently fell
Paragraph 14: down thus paving the way for identification
CRAFT, FRAUD, DISGUISE does not render the aggravating
circumstance of disguise inapplicable.
Basis: There is greater perversity as shown by (People v. Cabato; April 15, 1988).
the way of committing the crime.
• The purpose of the offender in using any
NOTES: device must be to conceal his identity.
• These circumstances are characterized by
the intellectual or mental rather than the • The test of disguise is whether the device or
physical means to which the criminal resorts connivance resorted to did make
to carry out his design. identification more difficult, such as the use
of mask or false hair or beard.
• Craft and fraud may be absorbed in
treachery if they have been deliberately Paragraph 15:
adopted as the means, methods or forms for TAKING ADVANTAGE OF SUPERIOR
the treacherous strategy, OR they may co- STRENGTH, or MEANS EMPLOYED TO
exist independently where they are adopted WEAKEN THE DEFENSE
for different purposes in the commission of
the crime. “That (a) advantage be taken of superior
strength, or (b) means be employed to
(a) CRAFT weaken the defense” (Par. 15, Article 14)

It is the use of intellectual trickery or cunning on Basis: There is greater perversity as shown by
the part of the accused. the means and ways of committing the crime.

NOTE: Paragraph 15 contemplates two

aggravating circumstances which qualifies a
killing to murder (Article 248).

48

(a) ABUSE OF SUPERIOR STRENGTH
NOTES:
• The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties. It is considered
that whenever there is a notorious inequality
of forces between the victim and the
aggressor, assessing the superiority of
strength notoriously advantageous for the
aggressor which is selected or taken
advantage of by him in the commission of the
crime.
• The prosecution should still prove that the
assailants purposely used excessive force
out of proportion to the means of defense
available to the persons attacked (People vs.
Sansaet; February 6, 2002).
• Mere superiority in numbers does not
indicate the presence of this circumstance.
Nor can the circumstance be inferred solely
from the victim’s possibly weaker physical
constitution (Valenzuela vs. People; August
14, 2009).
• Abuse of superior strength is absorbed and
inherent in treachery.
• Abuse of superior strength absorbs cuadrilla
(band). The two circumstances have the
same essence which is utilization of the
combined strength of the assailants to
overpower the victim and consummate the
killing (People vs. Medrana; December 14,
1981).
ABUSE OF BAND
SUPERIOR
STRENGTH
The essence of The element of
abuse of superiority band is appreciated
is the taking when the offense is
advantage by the committed by more
culprits of their than three armed
collective strength to malefactors
overpower relatively regardless of the
weaker victim(s). comparative
strength of the
victim(s).
• Abuse of superior strength is inherent in
parricide where the husband kills the wife. It
is generally accepted that the husband is
physically stronger than the wife.
• Although the commission of the crime of
coercion or forcible abduction presupposes
superiority of force on the part of the
offenders, yet when the strength availed of is
greatly in excess of that required for the
realization of the offense, as where the
offenders were very much superior to the
complainant individually and collectively,
abuse of superior strength should be
considered for the purpose of increasing
penalty (People vs. Pineda; March 26, 1932).
• To take advantage of superior strength
means to use purposely excessive force out
of proportion to the means of defense
available to the person attacked (People vs.
Cabiling; December 17, 1976).
• Where abuse of superior strength is to be
estimated as an aggravating circumstance
from the mere fact that more than one
person participated in the offense, it must
appear that the accused cooperated together
in some way designed to weaken the
defense (People vs. Cortes, G.R. No. 33614,
November 4, 1930).
(b) MEANS TO WEAKEN THE DEFENSE
This means that the offender employs means
that materially weaken the resisting power of
the offended party.
REQUISITES: Pu N
1. Means were purposely sought to weaken the
defense of the victim to resist the assault;
and
2. The means used must NOT totally eliminate
possible defense of the victim, otherwise, it
will fall under treachery.
NOTES:
• This circumstance is applicable only to
crimes against persons, and sometimes
against person and property, such as
robbery with physical injuries or homicide.
• The aggravating circumstance of employing
means to weaken the defense is absorbed in
treachery (People vs. Tunhawan; October
27, 1988).
49
 Paragraph 16:
TREACHERY
There is treachery (alevosia) when the
offender commits any of the crimes against
the person, employing means, methods, or
forms in the execution thereof which tend
directly and specially to insure its execution,
without risk to himself arising from the
defense which the offended party might make
(Par. 16, Article 14).
Basis: There is greater perversity as shown by
the means and ways of committing the crime.
REQUISITES: No–Con
1. That at the time of the attack, the victim was
not in a position to defend himself; and
2. The offender consciously adopted the
particular means, method, or form of attack
employed by him.
CORE RULES REGARDING TREACHERY:
• It is applicable ONLY to crimes against
persons. (Exceptions: People vs. Escote;
People vs. Ancheta)
• Means, methods or forms need not insure
accomplishment of crime, only its execution.
• The mode of attack must be consciously
adopted.
Treachery ABSORBS the following
aggravating circumstances: BAM-TANC
1. Band;
2. Aid of armed men
3. Means employed to weaken the defense;
4. Taking advantage of public position;
5. Abuse of superior strength;
6. Nighttime; and
7. Craft, fraud and disguise.
NOTES:
• Treachery cannot co-exist with passion or
obfuscation.
• Lack of intention to commit so grave a wrong
as that committed may co-exist with
treachery (People v. Cagoco; October 6,
1933).
Treachery vs. Abuse of Superior Strength vs.
Means to Weaken the Defense
Treachery Means, methods or forms of
attack are employed by the
offended party to make it
impossible or hard for the
offended party to put up any
source of resistance.
Abuse of The offender does not
Superior employ means, methods or
Strength forms of attack; he only takes
advantage of his superior
strength.
Means The offender employs means
Employed to but the means employed only
Weaken the materially weakens the
Defense resisting power of the
offended party.
NOTES:
• Treachery means that the offended party
was not given opportunity to make a defense
(People vs. Tiozon; June 19, 1991).
• The characteristic and unmistakable
manifestation of treachery is the deliberate,
sudden, and unexpected attack of the
victim from behind, without any warning and
without giving him an opportunity to defend
himself or repel the initial assault. All three
must concur; otherwise, there can be no
treachery.
• When it is not shown that the principal by
inducement directed or induced the principal
by direct participation to adopt the means or
methods actually used by the latter in
accomplishing the crime, treachery cannot
be considered as to the principal by
inducement.
• Treachery CANNOT be appreciated when:
(a) The meeting between the accused and
the victim was casual and the attack was
done impulsively (People v. Vilbar;
February 1, 2012);
(b) The attack appeared to have been
impulsively done, a spur of the moment
act in the heat of anger or extreme
annoyance (People v. Vilbar, id.);
(c) The encounter was a chance encounter
(People vs. Gonzalez; June 21, 2001);
(d) The attack was preceded by a quarrel
and a heated discussion (People vs.
Zeta; May 9, 2002);
(e) The victim had the opportunity to counter
or evade the attack, to defend himself or
to escape (Ramos vs. People; August
23, 1967); or
50
 (f) The accused made his presence known
before the attack (People vs. Flores;
February 29, 1972).
Chance encounters, impulse killing or crimes
committed at the spur of the moment, or
those that were preceded by heated
altercations are generally NOT attended by
treachery for lack of opportunity of the
accused deliberately to employ a •
treacherous mode of attack.
See: People vs. Teehankee
• Mere sudden and unexpected attack does
not necessarily give rise to treachery. It could
have been done on impulse, as a reaction to
an actual or imagined provocation offered by
the victim (People vs. Sabanal; 1989).
• In treachery, the mode of attack must be
consciously adopted (People vs. Gonzales;
June 13, 2012).
• There is treachery even if the attack is frontal
if it is sudden and unexpected, with the
victims having no opportunity to repel it or
defend themselves, for what is decisive in
treachery is that the execution of the attack
made it impossible for the victims to defend
themselves or to retaliate (People vs.
Badriago; May 8, 2009).
• Treachery may be appreciated even if the
crime against person is complexed with
another felony involving a different
classification under the Code.
THUS, treachery may be appreciated in
robbery with homicide although the latter is
essentially a crime against property.
Treachery is not an element of robbery with
homicide. Neither does it constitute a crime
especially punishable by law nor is it
included by the law in defining the crime of
robbery with homicide and prescribing the
penalty therefor. Treachery is likewise not
inherent in the crime of robbery with
homicide. Hence, treachery should be
considered as a generic aggravating
circumstance in robbery with homicide for the
imposition of the proper penalty for the crime.
In the application of treachery as a generic
aggravating circumstance to robbery with
homicide, the law looks at the constituent
crime of homicide which is a crime against
persons and not at the constituent crime of
robbery which is a crime against property.
Treachery is applied to the constituent crime
of “homicide” and not to the constituent crime
of “robbery” of the special complex crime of
robbery with homicide (People vs. Ancheta;
June 4, 2004).
When there is conspiracy, treachery is
considered against all the offenders (People
vs. Agpawan; August 25, 2000). In the
absence of conspiracy, treachery may be
considered only against the person who had
knowledge of the same at the time of the
execution of the crime or his cooperation
therein (Par. 4, Article 62; People vs.
Carandang, February 1930).
• There is no treachery if the prosecution only
proved the events after the attack happened,
but not the manner of the attack commenced
or how the act unfolded (People vs. Calpito;
November 27, 2003).
• As a general rule, treachery must be proved
by clear and convincing evidence and it
cannot be presumed.
EXCEPTION: Treachery applies in the killing
of a child even if the manner of attack is not
shown (People v. Sanchez; June 29, 2010).
• When must treachery be present?
(a) When the aggression is continuous,
treachery must be present in the
beginning of the assault.
(b) When the assault was not continuous,
wherein there was an interruption, it is
sufficient that treachery was present at
the moment the fatal blow was given.
• Treachery should be considered even if:
(a) The victim was not predetermined but
there was a generic intent to
treacherously kill any person (Same rule
applies to evident premeditation).
(b) There was aberratio ictus (Rule is
different as to evident premeditation).
(c) There was error in personae (Rule is
different as to evident premeditation).
Paragraph 17:
IGNOMINY
51
“That means be employed or circumstances
brought about which add ignominy to the
natural effects of the act” (Par. 17, Article 14)
IGNOMINY
It is a circumstance pertaining to the moral order,
which adds disgrace to the material injury caused
by the crime.
Basis: There is greater perversity as shown by
the means and ways of committing the crime.
NOTES:
• It must tend to make the effects of the crime
more humiliating or put the offended party to
shame.
• This aggravating circumstance is applicable
to crimes against chastity, less serious
physical injuries, light or grave coercion and
murder.
It is applicable in the crime of rape because
by its nature rape is a crime against chastity
(e.g. “dog-style” rape is ignominious).
• It is inherent in libel and acts of
lasciviousness.
• If humiliation or putting the offended party to
shame took place after the death of the
offended party, the aggravating circumstance
of ignominy is NOT applicable.
• The moral suffering should pertain to the
victim himself.
Paragraph 18:
UNLAWFUL ENTRY
“There is unlawful entry when an entrance is
effected by a way not intended for the
purpose.” (Par. 18, Article 14)
Rationale: One, who acts, not respecting the
walls erected by men to guard their property and
provide for their personal safety, shows a greater
perversity, a greater audacity; hence, the law
punishes him with more severity.
NOTES:
• As an aggravating circumstance, it must be a
means to effect entrance and not for escape.
• It is not aggravating in the crime of trespass
to dwelling as unlawful entry is inherent
therein.
• Dwelling and unlawful entry are taken
separately as aggravating circumstances in
murders committed in a dwelling (People vs.
Barruga; March 27, 1935).
Paragraph 19:
BREAKING OF WALL, ROOF, FLOOR,
DOOR, or WINDOW
“That as a means to the commission of a
crime a wall, roof, floor, door, or window be
broken” (Par. 19, Article 14)
Basis: There is greater perversity as shown by
the means and ways of committing the crime.
NOTES:
• The circumstance is aggravating ONLY in
those cases where the offender resorted to
any of said means to enter the house. If it is
broken in order to get out of the place, it is
not an aggravating circumstance.
• It is NOT necessary that the offender should
have entered the building. What aggravates
the liability of the offender is the breaking of
the part of the building as a means of the
commission of the crime.
• Breaking is lawful when:
(a) An officer, in order to make an arrest,
may break open a door or window of any
building in which the person to be
arrested is or is reasonably believed to
be (Sec. 11, Rule 113, ROC);
(b) An officer. If refused admittance, may
break open any door or window to
execute the search warrant or liberate
himself (Sec. 7, Rule 126, ROC).
BREAKING UNLAWFUL ENTRY
It involves breaking It presupposes that there
(rompimiento) of the is no such breaking as
wall, roof, floor, door, by entry through the
or window. window.
Paragraph 20:
AID OF MINORS; MOTOR VEHICLES,
AIRSHIPS OR OTHER SIMILAR MEANS
52
“That the crime be committed (1) with the aid
of persons under 15 years of age, or (2) by
means of motor vehicles, airships, or other
similar means” (Par. 20, Article 14)
Basis: There is greater perversity as shown by
the means and ways of committing the crime.
What are the aggravating circumstances
contemplated under this paragraph?
(a) With the aid of persons under fifteen (15)
years of age
NOTE: It is intended to repress the frequent
practice resorted to by professional criminals to
avail themselves of minors taking advantage of
their irresponsibility.
(b) By means of motor vehicles, airships, or
other similar means
NOTES:
• It is intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.
• Use of motor vehicle is aggravating where
the accused used the motor vehicle in going
to the place of the crime, in carrying away
the effect thereof, and in facilitating their
escape (People vs. Espejo; December 19,
1970).
• “Other similar means” refer to motorized
vehicles or other efficient means of
transportation similar to automobile or
airplane.
• It is not aggravating when used only to
facilitate the escape or use was merely
incidental and not purposely sought to
facilitate the commission of the offense.
• The use of a motor vehicle qualifies the
killing to murder if the same was perpetrated
by means thereof (People vs. Enguito;
February 28, 2000).
In People vs. Mallari (June 17, 2003), the
accused deliberately used his truck in
pursuing the victim. Upon catching up with
him, accused hit him with the truck, as a
result of which the victim died instantly. It is
clear that the truck was the means used by
accused to perpetrate the killing of the victim.
Paragraph 21:
CRUELTY
“That the wrong done in the commission of
the crime be deliberately augmented by
causing other wrong not necessary for its
commission” (Par. 21, Article 14)
Basis: There is greater perversity as shown by
the way of committing the crime.
REQUISITES: De–Un
1. The injury caused be deliberately increased
by causing other wrong; and
2. The other wrong be unnecessary for the
execution of the purpose of the offender.
NOTES:
• There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly
and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act(People vs. Dayug; September
30, 1926).
• Cruelty requires deliberate prolongation of
the physical suffering of the victim.
• Cruelty is inherent in the crimes against
persons, and mutilation.
• For cruelty to be appreciated as a generic
aggravating circumstance there must be
positive proof that the wounds found on the
body of the victim were inflicted while he was
still alive in order unnecessarily to prolong
physical suffering (People vs. Pacris; March
5, 1991).
• For cruelty to exist, there must be proof
showing that the accused delighted in
making their victim suffer slowly and
gradually, causing him unnecessary physical
and moral pain in the consummation of the
criminal act (People vs. Catian; January 24,
2002).
IGNOMINY CRUELTY
It involves moral It refers to physical
suffering. suffering.
Generally applicable Generally applicable in
53
in crimes against crimes against persons. (a) Relationship;
chastity. (b) Intoxication; and
(c) Degree of instruction and education of
the offender.
OTHER AGGRAVATING CIRCUMSTANCES
UNDER SPECIAL PENAL LAWS
RELATIONSHIP
EXAMPLE:
Notwithstanding the provisions of any law to the This alternative circumstance shall be taken into
contrary, a positive finding for the use of consideration when the offended party is the:
dangerous drugs shall be a qualifying (a) Spouse;
aggravating circumstance in the commission of a (b) Ascendant;
crime by an offender, and the application of the (c) Descendant;
penalty provided for in the Revised Penal Code (d) Legitimate, natural or adopted brother or
shall be applicable (Sec. 25, R.A. 9165). sister;
(e) Relative by affinity in the same degree,
of the offender;
SPECIFIC AGGRAVATING CIRCUMSTANCES
(f) Stepfather or stepmother, and stepson or
stepdaughter (People vs. Bersabal;
Crime Specific Aggravating December 11, 1925); or
Circumstances (g) Adoptive parent and adopted child.
Violation of a. Nighttime;
Domicile b. Papers and effects Rules on the Application of Relationship as
are not returned Aggravating, Mitigating or Exempting:
immediately
Interruption of a. Violence or threats 1. In Crimes against Property
Religious
Worship GENERAL RULE:
Relationship is MITIGATING.
Direct Assault a. Weapon;
b. Offender is a public NOTE: This applies even to common-law
officer or employee; spouses and paramours.
c. Offender lays hands
upon a person in EXCEPTION:
authority. Relationship is EXEMPTING in theft,
Grave Threats a. In writing; swindling and malicious mischief(Article 332,
b. Through a RPC).
middleman.
Robbery with a. Uninhabited place; 2. In Crimes against Persons
Violence against b. Band, except robbery
or Intimidation of with homicide or Relationship is AGGRAVATING where the
Persons robbery with rape. offended party is a relative of a higher
degree than the offender, or where the
Robbery with a. Uninhabited place;
offender and the offended party are relatives
Force upon b. Band.
of the same level.
Things
• EXCEPTION: Relationship is
ARTICLE 15: MITIGATING if the offended party is a
ALTERNATIVE CIRCUMSTANCES relative of a lower degree of offender.

Alternative circumstances are those which When the crime is any of the serious physical
must be taken into consideration as aggravating injuries or homicide or murder, even if the
or mitigating according to the nature and effects offended party is a descendant of the
of the crime and the other conditions attending its offender, relationship is always
commission. AGGRAVATING.

These circumstances are as follows: RID

54
 When the crime is less serious physical
injuries or slight physical injuries, relationship
is MITIGATING.
NOTE: Relationship is inherent in parricide.
3. In Crimes against Chastity
Relationship is always AGGRAVATING.
NOTE: Relationship is neither mitigating nor
aggravating when it is an element of the offense.
INTOXICATION
1. Intoxication is MITIGATING when it is:
(a) Not habitual; or
(b) Not subsequent to the plan to commit a
felony.
NOTES:
• Once intoxication is established by
satisfactory evidence, in the absence of
proof to the contrary, it is presumed to be
non-habitual or unintentional.
• It must be shown that at the time of the
commission of the criminal act, he has
taken such quantity or alcoholic drinks as
to blur his reason and deprive him of
certain degree of control, and that such
intoxication is not habitual or is not
subsequent to the plan to commit the
felony.
• Intoxication must diminish his capacity to
know the injustice of his acts, and his will
to act accordingly.
• BUT, the case is different if the
intoxication is by dangerous drugs
prohibited under R.A. 9165, in which
case intoxication is always considered as
an aggravating circumstance.
Case Law:
The amount of wine taken must be of such
quantity as to blur the offender’s reason and
deprive him of self-control(People vs.
Cabrera; March 4, 1922).
2. Intoxication is AGGRAVATING when:
(a) Habitual; or
“Habitual Drunkard” is one given to
intoxication by excessive use of
intoxicating drinks.
(b) Intentional (subsequent to the plan to
commit a felony).
It is intentional when the offender drinks
liquor fully knowing its effects, to find in
the liquor a stimulant to commit a crime
or a means to suffocate any remorse.
NOTE: Sec. 25, R.A. 9165 provides that
being under the influence of dangerous
drugs is always an aggravating
circumstance.
DEGREE OF INSTRUCTION AND EDUCATION
OF THE OFFENDER
RULES:
• GENERAL RULE:
Low degree of instruction and education or
lack of it is generally MITIGATING.
EXCEPTION: Pro – Cha T – Mu Ra
(a) Crimes against property;
(b) Crimes against chastity;
(c) Treason
(d) Murder; and
(e) Rape.
• High degree of instruction and education is
aggravating, when the offender avails himself
of his learning in committing the crime.
NOTE: It does not refer only to literacy but more
to the level of intelligence of the accused.
ABSOLUTORY CAUSES
Absolutory causes are those where the act
committed is a crime but for reasons of public
policy and sentiment there is no penalty
imposed.
Basis: It is based on the nature and effects of
the crime and the other conditions attending its
commission.
(See previous discussion).
55
 TITLE TWO:
PERSONS CRIMINALLY LIABLE EXCEPTION: Under Article 253, the crime of
defamation may be committed if the
imputation tends to blacken the memory of
ARTICLE 16: one who is dead.
PERSONS CRIMINALLY LIABLE
ARTICLE 17:
The following are criminally liable:
PRINCIPALS
1. For GRAVE and LESS GRAVE felonies:
(a) Principals;
The following are principals: DIC
(b) Accomplices;
(a) Those who take a direct part in the execution
(c) Accessories.
of the act (principals by direct participation);
(b) Those who directly force or induce others to
2. For LIGHT felonies:
commit it (principals by inducement); and
(a) Principals.
(c) Those who cooperate in the commission of
(b) Accomplices.
the offense by another act without which it
would not have been accomplished
NOTE:Accessories in light felonies are not
(principals by indispensable cooperation).
considered criminally liable. In the
commission of light felonies, the social wrong
as well the individual prejudice is so small PRINCIPALS BY DIRECT PARTICIPATION
that the penal sanction is deemed not
necessary for accessories. REQUISITES: Pa Per
1. They participated in the criminal resolution;
NOTE: Article 16 ONLY applies when the and
offenders are to be judged by their individual and 2. They carried out their plan and personally
NOT collective liability. took part in its execution by acts, which
directly tended to the same end.
PARTIES IN A CRIME
NOTES:
1. “Participated in the criminal resolution”
1. ACTIVE SUBJECT
It is the criminal or the offender which can • Two or more persons are said to have
only be a natural person. participated in the criminal resolution
when they were in conspiracy at the time
GENERAL RULE: of the commission of the crime. (People
Only natural persons can be active subject of vs. Dacillo; April 28, 2004).
crime because of the highly personal nature
of the criminal responsibility. In case of a • There must be intentional participation in
corporation, its officers should be criminally the transaction with a view to the
liable for its act or omission. furtherance of the common design and
purpose. (People vs. Izon; August 31,
EXCEPTIONS: 1981).
Special laws which make juridical persons
liable for a crime: SPEC • In conspiracy, no formal agreement
a. Securities Law among the conspirators is necessary, not
b. Public Service Law even previous acquaintance among
c. Election Code themselves; it is sufficient that their
d. Corporation Law minds meet understandingly so as to
bring about an intelligent and deliberate
2. PASSIVE SUBJECT agreement to commit the offense
It is the injured party or the victim which may charged(People vs. Ging Sam;
be natural or juridical persons. December 29, 1953).

NOTE:Corpses and animals CANNOT be • The presence of conspiracy is implied

passive subjects because they have no where the separate acts committed,
rights that may be injured. taken collectively, emanate from a

56
 concerted and associated action(People
vs. Comillo, Jr.; November 25, 2009).
• Co-conspirators are liable only for the
acts done pursuant to the conspiracy.
For other acts done outside the
contemplation of the co-conspirators or
which are not necessary and logical
consequences of the intended crime,
only the actual perpetrators are liable
(People vs. Dela Cerna; October 30,
1967).
• In conspiracy by prior agreement, the
principal by direct participation who does
not appear at the scene of the crime is
not liable, because non-appearance is
deemed desistance, conspiracy is
generally not punishable, and there is no
basis for liability since there is no
criminal participation. At best, he can be
a principal by inducement.
2. “Carried out their plan and personally
took part in its execution by acts, which
directly tended to the same end”
• He must be at the scene of the
commission of the crime, personally
taking part in execution of the criminal
plan.
• If the second requisite is lacking, at
most, there is only conspiracy among the
several defendant who participated in the
criminal resolution.
• In order to held an accused guilty as co-
principal by reason of conspiracy, it must
be established that he performed an
overt act in the furtherance of the
conspiracy, either by actively
participating in the actual commission of
the crime, or by lending moral assistance
to his co-conspirators, or by exerting
moral ascendancy over the rest of the
conspirators as to move them to
executing the conspiracy (People vs.
Cortez; May 31, 1974).
• If four accused merely attended the
conferences and entered no opposition
to the nefarious scheme, merely
assenting out of respect and fear, and
after the commission of the murders they
joined with the other accused in
celebrating with the fiesta, by way of
custom, they were neither co-principals
nor accomplices(People vs. Asaad;
February 24, 1931).
PRINCIPALS BY INDUCEMENT
REQUISITES: In De
1. The inducement is made directly with the
intention of procuring the commission of the
crime; and
2. Such inducement is the determining cause of
the commission of the crime by the material
executor
NOTE: The principal by induction becomes liable
only when the principal by direct participation
committed the act induced.
Two Ways of Becoming a Principal by
Induction:
1. By force; and
2. By inducement.
1. BY FORCE
It is by directly forcing another to commit a crime
can be done by using/causing:
(a) Irresistible force; or
(b) Uncontrollable fear.
NOTE: In these cases, there is no
conspiracy, not even a unity of criminal
purpose or intention. Only the one using
force or causing fear is criminally liable. The
material executor is not criminally liable
pursuant to Article 12, pars. 5 and 6.
2. BY INDUCEMENT
It is by directly inducing another to commit a
crime can be done by giving/using/offering:
(a) By giving PRICE, or offering REWARD,
or PROMISE
(b) WORDS OF COMMAND.
NOTES:
• The inciting words must have great
dominance and influence over the
person who acts where it would be
the moving cause for the offense.
REQUISITES: In A W – Pri No
57
1. The one uttering the words of command
must have the intention of procuring the
commission of the crime;
2. The one who made the command must have
an ascendancy or influence over the person
who acted;
3. The words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion;
4. The words of command must be uttered
prior to the commission of the crime ; and
5. The material executor of the crime has no
personal reason to commit the crime.
NOTES:
• Inducement is said to be the determining
cause when it precedes the act induced and
must be so influential in producing the
criminal act that without it, the act would not
have been performed.
• To constitute inducement, there must exist
on the part of the inducer the most positive
resolution and the most persistent effort to
secure the commission of the crime, together
with the presentation to the person induced
the very strongest kind of temptation to
commit the crime (U.S. vs. Indanan; January
29, 1913).
• A thoughtless expression without intention
to produce the result is NOT an inducement
to commit the crime.
• If the crime committed is not contemplated in
the order given, the inducement is not
material and not the determining cause
thereof.
Inducement vs. Proposal
INDUCEMENT PROPOSAL
There exists inducement to commit a crime.
Principal becomes Mere proposal to
liable only when the commit a felony is
crime is committed punishable in treason
by the principal by or rebellion.
direct participation.
The person to whom
the proposal is made
should not commit the
crime; otherwise, the
proponent becomes a
principal by
inducement.
It involves any crime. To be punishable, the
proposal must involve
treason, rebellion,
insurrection, coup
d’etat, and the like.
Effects of Acquittal of the Principal by Direct
Participation upon the Liability of Principal by
Inducement:
• Conspiracy is negated by the acquittal of co-
defendant.
• One cannot be held guilty of having
instigated the commission of a crime without
first being shown that the crime has been
actually committed by another.
• If the one charged as principal by direct
participation is acquitted because he acted
without criminal intent or malice, his acquittal
is not a ground for the acquittal of the
principal by inducement.
PRINCIPAL BY INDISPENSABLE
COOPERATION
There must be cooperation in the commission of
the offense by another act without which it would
not have been accomplished.
REQUISITES: Res Co
1. Participation in the criminal resolution, that
is, there is either anterior conspiracy or unity
of criminal purpose and intention immediately
before the commission of the crime charged.
This, in turn, requires:
(a) Participation in the criminal resolution;
(b) There must be conspiracy;
(c) Concurrence is sufficient; and
(d) Cooperation is indispensable.
2. Cooperation in the commission of the
offense by performing another act, without
which it would not have been accomplished.
It should be noted that:
(a) Cooperation must be indispensible, that
is, without which the commission of the
crime would not have been
accomplished.
(b) If the offender’s participation is not
indispensible, the offender is only an
accomplice.
(c) If cooperation is necessary in the
execution of the offense, accused is
58
 considered as a principal by direct
participation.
To “cooperate” means to desire or wish in
common a thing. But, that common will or
purpose does not necessarily mean previous
understanding, for it can be explained or
inferred from the circumstances of each
case(El Pueblo de Filipinas vs. Aplegido;
April 27, 1946).
NOTES:
• There can be NO principal by inducement or
principal by cooperation unless there is a
principal by direct participation. However,
there may be a principal by direct
participation despite the absence of the
former.
• One who, by acts of negligence, cooperates
in the commission of estafa through
falsification or malversation through
falsification, without which negligent acts the
commission of the crime could not have been
accomplished, as co-principal. But one who
cooperated in the commission of the crime
was held guilty of the same crime through
reckless imprudence(People vs. Rodis; April
30, 1959).
ARTICLE 18:
ACCOMPLICE
Accomplices are those persons who, not acting
as principals by direct participation, cooperate in
the execution of the offense by previous or
simultaneous acts.
REQUISITES: Co Co Rel
1. There is community of design, that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter in his purpose
NOTES:
• Knowledge of the criminal design fof the
principal can be acquired by the
accomplice when:
(a) The principal informs or tells the
accomplice of the former’s criminal
design; and
(b) The accomplice saw the criminal
acts of the principal.
• The community of design need not be to
commit the crime actually committed. It is
sufficient if there was common purpose
to commit a particular crime and that the
crime actually committed was a natural
or probable consequence of the intended
crime.
2. He cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way.
3. There is a relation between the acts done by
the principal and those attributed to the
person charged as accomplice.
NOTES:
• There must be a principal by direct
participation before there can be an
accomplice.
• In case there is doubt, the participation of the
offender will be considered that of an
accomplice rather than that of the principal.
• In criminal cases, the participation of the
accused must be established by the
prosecution by positive and competent
evidence. It cannot be presumed.
• The accomplice in crimes against person
does not inflict the more or most serious
wounds. In other words, the acts of the
accomplice must be lesser than the act or
acts done by the principal by direct
participation. That is, they must not be equal
to or graver than the act or acts of the
principal by direct participation. Thus, if his
act or acts are equal he is considered as
principal by direct participation.
• A person may still be held as an accomplice
even if his or her cooperation was
indispensable.
• The previous acts of cooperation by the
accomplice should not be indispensable to
the commission of the crime; otherwise, she
would be liable as a principal by
indispensable cooperation (People vs.
Tampus & Monresclaros; June 16, 2009).
• An accomplice does not enter into a
conspiracy with the principal by direct
participation. He does not have previous
59
 agreement or understanding with the Accomplice Principal by Direct
principal to commit a crime (People vs. Participation
Aplegido; April 27, 1946).
The community of Community of design
design need not be to
• Absent knowledge of the criminal purpose of commit the crime
the principal, giving aid or encouragement, actually committed. It
either morally or materially, in the is sufficient if there
commission of the crime, mere presence at was common
the scene of the crime does not make one an purpose to commit a
accomplice (People vs. Toling; July 13, particular crime and
1979). that the crime
actually committed
• Quasi-Collective Responsibility was a natural or
Some of the offenders in the crime are probable
principals and the others are accomplices. consequence of the
intended crime.
ACCOMPLICE PRINCIPAL
There is no clear cut distinction between acts.
Accomplice does not A principal either
Between the Between principals
take direct part in the takes direct part in
principals liable for and accomplices,
commission of the the commission of
the same offense, there is no
act, does not force or the act, forces or
there must be conspiracy.
induce others to induces others to
conspiracy.
commit it, or does not commit it, or
cooperate in the cooperates in the
commission of the commission of the ACCOMPLICE CONSPIRATOR
crime without which it crime without which it They know and agree with the criminal design
would not have been would not have been They come to know They come to know
accomplished, YET accomplished. about it after the the criminal intention
cooperates in the principals have because they
execution of the reached the decision, themselves have
crime by previous or and only then do they decided upon such
simultaneous acts. agree to cooperate in course of action.
He has knowledge of He has knowledge of the execution.
the criminal design of criminal design and They are merely They are the authors
the principal and carries or executes it. instruments who of a crime.
merely concurs with perform acts not
the criminal purpose. essential to the
perpetration of the
Accomplice Principal by offense.
Indispensable
Cooperation ARTICLE 19:
Participation is not Participation is ACCESSORY
indispensable. indispensable.
He cooperates in the He participates in the Accessories are those who, having knowledge
execution of the criminal resolution, of the commission of the crime, and without
offense by previous that is, there is either having participated therein, either as principals or
or simultaneous acts, anterior conspiracy or accomplices, take part subsequent to its
with the intention of unity of criminal commission in any of the following manners:
supplying material or purpose and intention
moral aid in the immediately before 1. By profiting themselves or assisting the
execution of the the commission of offender to profit by the effects of the crime;
crime in an the crime charged. 2. By concealing or destroying the body of
efficacious way. the crime to prevent its discovery;

60
3. By harboring, concealing or assistingin
the escape of the principal of the crime,
provided the accessory acts with abuse of
his public functions or whenever the author
of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually
guilty of some other crime
NOTE: One who kept silent with regard to the
crime he witnessed is not an accessory.
GENERAL RULE:
If the facts alleged are not proven in the
prosecution of the instituted, or do not constitute
a crime, no legal grounds exist for convicting a
defendant as an accessory after the fact for a
crime not perpetrated (U.S. vs. Mendoza;
September 23, 1912).
EXCEPTION:
1. Conviction of an accessory is possible
notwithstanding the acquittal of the principal,
if the crime was in fact committed, but the
principal was not held criminally liable,
because of an exempting circumstance.
2. Even if the principal is unknown or at large,
the accessory may be held responsible
provided the requisites prescribed by law for
the existence of the crime are present and
someone committed it.
NOTES:
• An accessory must have knowledge of the
commission of the crime, and having
knowledge, he took part subsequent to its
commission.
• Entertaining suspicion that a crime has been
committed is not enough.
• Knowledge and suspicion are not
synonymous terms.
• The crime committed by the principal must
be proved beyond reasonable doubt.
• The accessory takes part after the crime has
been committed.
PROFITING THEMSELVES OR ASSISTING
THE OFFENDER TO PROFIT BY THE
EFFECTS OF THE CRIME
NOTES:
• The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony.
• The accessory should not take the property
without the consent of the principal.
• When a person knowingly acquired or
received property taken by brigands, the
crime is punished as the act of principal, not
the act of accessory.
CONCEALING OR DESTROYING
THE BODY OF THE CRIME TO
PREVENT ITS DISCOVERY
NOTES:
• The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony.
• Concealing or destroying the body of the
crime, the effects and instruments thereof,
must be done in order to prevent the
discovery of the crime.
• What is concealed is the body of the crime,
the effects or instruments thereof, not the
principal who committed the crime. If the
principal is concealed, Art. 19, par. 3 applies.
• A person who received personal property
knowing that it had been stolen, for the
purpose of concealing the same, as in fact
he concealed it, is guilty of theft as an
accessory (U.S. vs. Villaluz, 32 Phil. 376).
HARBORING, CONCEALING, OR ASSISTING
IN THE ESCAPE
TWO CLASSES OF ACCESSORIES:
1. Public officer acting with abuse of one’s
public functions:
REQUISITES:
(a) Accessory is a public officer;
(b) He harbors, conceals or assists in the
escape of the principal;
(c) He acts with abuse of his public
functions;
(d) The crime committed is any crime but a
light felony.
61
 NOTE: Those accessories under Par. 3,
Article 19 of this Code who should act with
abuse of their public functions, shall suffer
the additional penalty of absolute perpetual
disqualification if the principal offender shall
be guilty of a grave felony, and that of
absolute temporary disqualification if he shall
be guilty of a less grave felony(Article 59).
2. Private person:
REQUISITES:
(a) Accessory is a private person;
(b) He harbors, conceals, assists in the
escape of the offender; and
(c) Offender is guilty of:
(1) Treason
(2) Murder
(3) Parricide
(4) Attempt against the life of the Chief
Executive; OR
(5) Where the offender is known to be
habitually guilty of some other crime.
NOTES:
• The list is exclusive.
• The accessory must have knowledge
of the principal being habitually guilty
of some other crime.
NOTE: An accused cannot be held liable as
accessory under the third paragraph if the
principal charged with murder died before trial,
because had he been alive he might have been
found guilty only of homicide.
NOTE: See discussion on P.D. 1829 under
Special Penal Laws.
ARTICLE 20:
EXEMPT ACCESSORIES
The penalties prescribed for accessories shall
NOT be imposed upon those who are such with
respect to their principals, with the single
EXCEPTION of accessories falling within the
provisions of paragraph 1, Article 19.
NOTE: This is an absolutory cause.
GENERAL RULE:
An accessory is exempt from criminal liability
when the principal is his:S A D Le R
(a) Spouses;
(b) Ascendants
(c) Descendants
(d) Legitimate, natural, and adopted
brothers and sisters; or
(e) Relatives by affinity within the same
degrees.
NOTES:
• Rationale: It is based on ties of blood
and the preservation of the cleanliness of
one’s name which compels one to
conceal crimes committed by relatives so
near as those mentioned in this article.
Ties of blood or relationship constitute a
more powerful incentive than the call of
duty(Reyes, supra., p. 582).
• Nephews or nieces are NOT included
among such relatives.
• Only accessories under Article 19,
paragraphs 2 and 3 are exempt from
criminal liability if they are related to the
principals.
• If the accessory performed any of the
acts mentioned in Article 19, par. 1, he is
liable even if the principal is related to
him because such acts are not prompted
by affection but by a detestable greed.
• A public officer does not incur any
criminal liability as an accessory if an
offender is his relative within the extent
provided by law. Ties of blood or
relationship constitutes a more powerful
incentive that the call of duty.
EXCEPTIONS:
An accessory is NOT exempt from criminal
liability even if the principal is related to him, if
such accessory:
(a) Profited by the effects of the crime, or
(b) Assisted the offender to profit by the effects
of the crime.
62
 TITLE THREE: Basis: A law cannot be rationally obeyed unless
PENALTIES it is first shown, and a man cannot be expected
to obey an order that has not been given.
GENERAL PRINCIPLES EXCEPTIONS:
Penal laws shall have a retroactive effect in so
PENALTY far as they FAVOR the offender, provided:
It is the suffering that is inflicted by the State for 1. The offender is NOT a habitual criminal
the transgression of a law. under Rule 5, Article 62 (Article 22); and

JURIDICAL CONDITIONS OF A PENALTY: NOTE:“Habitual delinquent” is a person

1. It is legal (prescribed by law).
2. It is judicial (imposed by court upon
conviction).
3. It is definite (not uncertain or unconditional).
4. It is personal (no one should be punished for
the crime of another).
5. It is equal (should apply equally to all).
6. It is commensurate with the offense.
7. It is productive of suffering.
who, within a period of 10 years from the
date of his release or last conviction of the
crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time
or oftener (Article 62).
2. The new or amendatory law does NOT
provide against its retrospective application.

THEORIES JUSTIFYING A PENALTY: NOTES:

1. PREVENTIVE: The State must punish the • Retroactive effect does NOT apply to the
criminal to prevent or suppress the danger to culprit’s civil liability because the rights of
the State and to the public from the criminal offended persons or innocent third parties
acts of offenders. are not within the gift of arbitrary disposal of
the State.
2. SELF-DEFENSE: The State has the right to • Courts are mandated to apply Article 22 even
punish the criminal as a measure of self- if the accused has not invoked it.
defense so as to protect society from the
threat and wrong inflicted by the criminal.
EFFECTS OF REPEAL OF PENAL LAW
3. REFORMATION: The object of punishment
in criminal cases is to correct and reform, as KIND OF REPEAL EFFECTS
the State has the duty to take care of and ABSOLUTE The offense is
reform the criminal. REPEAL obliterated and the act
(a) Express is decriminalized.
4. EXEMPLARITY: The criminal is punished to (b) Implied
serve as an example to deter others from RULES:
committing crimes. • If the case is
pending in court, the
5. JUSTICE: The crime must be punished by same shall be
the State as an act of retributive justice, a dismissed since the
vindication of absolute right, and moral law court loses
violated by the criminal(Amurao, p. 769) jurisdiction to try
and decide the
ARTICLES 21 and 22: case.
IMPOSITION OF PENALTIES • If the accused is
serving his
GENERAL RULE: sentence in prison,
No felony shall be punishable by any penalty not he should be
prescribed by law prior to its commission (Article released, unless he
21, RPC). is a habitual
delinquent.
• Penal laws are applied prospectively. • If the criminal action
has not yet

63
 commenced, then SELF-REPEALING When the law expires,
the repeal bars the PENAL STATUTE the effect is the same
filing of criminal as though it had been
action. It is one that absolutely repealed at
expires by its own the time of its
EXCEPTION: terms and expiration.
• When the repealing provisions.
law itself expressly
provides that it shall ARTICLE 23:
neither apply to EFFECT OF PARDON BY THE
criminal cases still OFFENDED PARTY
pending in court not
to convicts already A pardon by the offended party does NOT
serving sentence. extinguish criminal action, EXCEPT as provided
in Article 344; BUT civil liability with regard to the
NOTE: The crime is interest of the injured party is extinguished by his
obliterated where the express waiver.
new law does not
punish the act which Pardon of offended party bars criminal
was punishable under prosecution of the following private crimes:
the old law.(People vs.
Monton; February 29, 1. Adultery and Concubinage
1988).
PARTIAL REPEAL 1. If the repealing law • An express or implied pardon to both
penalizes the same offenders is required.
act punished by the • Pardon should be given prior to
repealed law, the institution of criminal action.
court retains
authority to try and 2. Seduction, Abduction, and
sentence the Acts of Lasciviousness
accused under the
old law existing at • Expresspardon by offended party or her
the time of the parents or grandparents or guardian is
commission. required.
• Pardon must be prior to the institution of
2. If the same act is criminal action; however, marriage
punished by both between the offender and the offended
the repealing and party even after the institution of criminal
the repealed law action or conviction of the offender will
and the penalty extinguish the criminal action.
provided by the new
law is lighter, the 3. Rape (as amended by R.A. 8353)
penalty to be
imposed shall be • The subsequent valid marriage between
that which is the offender and the offended party shall
provided by the new extinguish criminal liability or penalty
law since it is imposed.
favorable to the
• If it is the legal husband who is the
accused unless offender, subsequent forgiveness by the
when the accused is wife as the offended party will suffice.
a habitual
delinquent or when JURISPRUDENCE:
the new law A criminal offense is an outrage to the sovereign
prohibits its
State and the power to prosecute and punish
retroactivity.
crimes belongs to the State. By itself, an affidavit

64
of desistance is NOT a ground for the dismissal
of an action, once it has been instituted in court.
A private complainant loses the right or absolute
privilege to decide whether the charge should
proceed, because the case was already filed and
must therefore continue to be heard by the trial
court (People v. Dimaano; September 14, 2005).
5. Deprivation of rights and the reparations
which the civil laws may establish in penal
form.
ARTICLE 25:
PENALTIES WHICH MAY BE IMPOSED

ARTICLE 24: CLASSIFICATION OF PENALTIES

MEASURES OF PREVENTION OR SAFETY
WHICH ARE NOT CONSIDERED PENALTIES Gravity 1. CAPITAL
a. Death (prohibited under
R.A. 9346)
The following shall NOT be considered as
penalties:
2. AFFLICTIVE
a. Reclusion perpetua;
1. The arrest and temporary detention of
b. Reclusion temporal;
accused persons, as well as their detention
c. Perpetual or temporary
by reason of insanity or imbecility, or illness
absolute disqualification;
requiring their confinement in a hospital.
d. Perpetual or temporary
special disqualification;
2. The commitment of a minor to any of the
and
institutions mentioned in Article 80 and for
e. Prision mayor.
the purposes specified therein.
3. CORRECTIONAL
NOTE: This has been amended by Par. 2
a. Prision correccional;
and 3, Section 36, R.A. 9344 (Juvenile
b. Arresto mayor;
Justice and Welfare Act of 2006), which
c. Suspension; and
provides:
d. Destierro.
“Whenever detention is necessary, a
4. LIGHT
child will always be detained in youth
a. Arresto menor; and
detention homes established by local
b. Public censure.
governments, pursuant to Section 8
of the Family Courts Act, in the city or
5. Penalties COMMON to the
municipality where the child resides.
preceding classes:
a. Fine; and
“In the absence of a youth detention
b. Bond for good behavior.
home, the child in conflict with the law
may be committed to the care of the
NOTE: This classification
DSWD or a local rehabilitation center
corresponds to the
recognized by the government in the
classification of felonies in
province, city or municipality within
Article 9 into grave, less grave,
the jurisdiction of the court. The
and light.
center or agency concerned shall be
responsible for the child's Nature 1. PRINCIPAL
appearance in court whenever This is the penalty
required.” expressly imposed by the
court.
3. Suspension from the employment or public a. DIVISIBLE: Penalties
office during the trial or in order to institute with fixed duration and
proceedings. which are divisible into
three (3) periods.
4. Fines and other corrective measures which,
in the exercise of their administrative or b. INDIVISIBLE: Penalties
disciplinary powers, superior officials may with no fixed period (e.g.
impose upon their subordinates. death penalty,

65
 perpetual/absolute ARTICLE 26:
disqualification, or public CLASSIFICATION OF FINES
censure).
A fine, whether imposed as a single or as an
2. ACCESSORY alternative penalty, shall be considered:
These are penalties
deemed included in the (a) Afflictive Exceeds P6,000.00
principal penalties, namely:
(b) Correctional P200.00 to P6000.00
c. Perpetual or temporary
absolute disqualification; (c) Light Less than P200.00
d. Perpetual or temporary
special disqualification; NOTES:
e. Suspension from public • Where the fine in question is exactly P200,
office, the right to vote under Article 9, it is a light penalty; hence the
and be voted for, the offense involved is a light felony. However,
profession or calling; under Article 26, it is a correctional penalty;
f. Civil interdiction; hence the offense involved is a less grave
g. Indemnification; and felony. It has been held that this discrepancy
h. Forfeiture or should be resolved liberally in favor of the
confiscation of accused; hence Article 9 prevails over Article
instruments and 26. (People vs. Yu Hai; August 15, 1956).
proceeds of the offense.
• In determining the prescription of crimes,
NOTE: Absolute apply Article 9 (P200.00 fine is a light felony).
disqualification, special In determining the prescription of penalty,
disqualification, and apply Article 26 (P200.00 fine prescribes in
suspension may be 10 years).
principal or accessory
penalties.
Subject 1. Corporal (death);
Matter 2. Deprivation of Freedom
(e.g. reclusion, prision, and
arresto);
3. Restriction of Freedom (e.g.
destierro);
4. Deprivation of Rights (e.g.
disqualification,
suspension);
5. Pecuniary (e.g. fines).

Reclusion Perpetua Life Imprisonment

For RPC violations Under special laws
20 y and 1 d to 40 y No fixed duration
With accessory No accessory
penalties. penalties

66
 CHAPTER 3:
DURATION & EFFECT OF PENALTIES
ARTICLE 27:
DURATION OF PENALTIES
PENALTY DURATION
Reclusion 20 years & 1 day to 40 years
Perpetua
Reclusion 12 years & 1 day to 20
Temporal years, EXCEPT when
suspension is imposed as an
accessory penalty, in which
case, its duration shall be
that of the principal penalty.
Prision Mayor 6 years & 1 day to 12 years
Temporary
6 years & 1 day to 12 years
Disqualification
Prision
6 months & 1 day to 6 years
Correccional
Suspension 6 months and 1 day to 6
years, EXCEPT when
suspension is imposed as an
accessory penalty, in which
case, its duration shall be
that of the principal penalty.
Destierro 6 months & 1 day to 6 years
Arresto Mayor 1 month & 1 day to 6 months
Arresto Menor 1 day to 30 days
Bond to Keep The bond to keep the peace
the Peace shall be required to cover
such period of time as the
court may determine.
NOTE: “Bond to keep the
peace” is not specifically
provided as a penalty for any
felony and therefore cannot
be imposed by the courts.
ARTICLE 28:
COMPUTATION OF PENALTIES
RULES:
1. If the offender is in prison, the term of the
duration of the temporary penalties shall be
computed from the day on which the
judgment of conviction shall have become
final.
Reason: Under Article 24, the arrest and
temporary detention of the accused is not
considered a penalty.
2. If the offender is not in prison, the term of the
duration of the penalty consisting of
deprivation of liberty shall be computed from
the day that the offender is placed at the
disposal of the judicial authorities for the
enforcement of the penalty.
3. The duration of the other penalties shall be
computed only from the day on which the
defendant commences to serve his
sentence.
NOTES:
• Service in prison begins only on the day
the judgment of conviction becomes
final.
• If in custody and the accused appeals,
the service of the sentence should
commence from the date of the
promulgation of the decision of the
appellate court, not the trial court.
ARTICLE 29:
RULES ON DEDUCTING THE PERIOD OF
PREVENTIVE IMPRISONMENT
The accused undergoes preventive
imprisonment where the offense charged is:
(a) Non-bailable; or
(b) Bailable but the accused is unable to
post the requisite bail.
GENERAL RULE:
Preventive imprisonment is deducted from the
term of imprisonment.
(a) If the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary
rules imposed upon convicted prisoners, he
shall be credited in the service of his
sentence with the FULL TIME during which
the he was under preventive imprisonment.
(b) If the offender does not agree to abide by the
same disciplinary rules imposed upon
convicted prisoners, he shall be credited only
with the FOUR-FIFTH (4/5) of the time during
which the he was under preventive
imprisonment.
67
NOTE: 2. The deprivation of the
Under the Child & Youth Welfare Code (P.D. right to vote in any
603), the youthful offender shall be credited in election for any popular
the service of his sentence with the full time of elective office or to be
his actual confinement and detention, regardless elected to such office.
if he agreed to abide by the same disciplinary 3. The disqualification for
rules of the institution or not. the offices or public
employments and for the
Offenders are NOT entitled to be credited with exercise of any of the
the period of their preventive imprisonment: rights mentioned.
(a) When they are recidivists, or have been 4. The loss of all right to
convicted previously twice or more times of retirement pay or other
any crime; pension for any office
(b) When upon being summoned for the formerly held.
execution of their sentence they have failed
to surrender voluntarily; and NOTES:
(c) When they have been convicted of robbery, • Perpetual absolute
theft, estafa, malversation of public funds, disqualification is
falsification, vagrancy, or prostitution(Article effective during the
29, RPC). lifetime of the convict and
even after the service of
NOTES: the sentence.
• Preventive imprisonment is applicable to all • Temporary absolute
sentences regardless of the duration, disqualification lasts
including perpetual penalties as long as they during the term of the
involve deprivation of liberty. It will also apply sentence, and is removed
to destierro. after service of the same,
EXCEPT when:
• The accused shall be released immediately a. Deprivation of public
whenever he has undergone preventive office or employment;
imprisonment for a period equal to or more and
than the possible maximum imprisonment for b. Loss of all rights to
offense charged. BUT, this is without retirement pay or other
prejudice to the continuation of the trial or the pension for any office
proceeding on appeal if the same is under formerly held.
review.
Perpetual or Article 31:
• If the penalty imposed is arresto menor to Temporary 1. The deprivation of the
destierro, the accused who has been in SPECIAL office, employment,
prison for 30 days (arresto menor to 30 days) Disqualification profession or calling
should be released because although the (Arts. 31& 32) affected;
maximum penalty is destierro, the accused 2. The disqualification for
sentenced to such penalty does not serve in holding similar offices or
prison. employments either
perpetually or during the
ARTICLES 30–35: term of the sentence,
EFFECTS OF PENALTIES according to the extent of
such disqualification.
PENALTY EFFECTS
Perpetual or 1. The deprivation of the Article 32:
Temporary public offices and 1. Deprivation of the right to
ABSOLUTE employments which the vote in any popular
Disqualification offender may have held, election for any public
(Article 30) even if conferred by office or to be elected to
popular election. such office.

68
 2. Offender is not permitted
to hold any public office
during the period of his
disqualification.
SUSPENSION 1. Disqualification from
from Any holding such office or
Public Office, exercising such
Profession, or profession or calling or
Calling, or the right of suffrage during
Right of the term of the sentence
Suffrage 2. If suspended from public
(Article 33) office, the convict shall
not hold another having
similar functions during
the period of his
suspension.
Civil 1. Deprivation of the rights
Interdiction of parental authority, or
(Article 34) guardianship, either as to
the person or property of
any ward
2. Deprivation of marital
authority
3. Deprivation of the right to
manage his property and
of the right to dispose of
such property by any act
or any conveyance inter
vivos:
a. BUT, he can dispose
such property by will
or donation mortis
causa; and
b. He can also manage
or dispose of his
property by acts inter
vivos, if done in his
behalf by judicial
guardian appointed for
him as an
“incompetent” (Sec. 2,
Rule 92, ROC).
Bond to Keep a. Offender must present
the Peace two sufficient sureties
(Article 35) who shall undertake that
such person will not
commit the offense
sought to be prevented,
and that in case such
offense be committed
they will pay the amount
determined by the court
in its judgment, or
otherwise to deposit such
amount in the office of the
clerk of the court to
guarantee said
undertaking.
The court shall
determine, according to
its discretion, the period
of duration of the bond.
Should the person
sentenced fail to give the
bond as required he shall
be detained for a period
which shall in no case
exceed 6 months, if he
shall have been
prosecuted for a grave or
less grave felony, and
shall not exceed 30 days,
if for a light felony.
ARTICLE 36:
EFFECTS OF PARDON
EFFECTS OF A PARDON BY A PRESIDENT:
1. A pardon shall NOT work the restoration of
the right to hold public office, or the right of
suffrage, UNLESS such rights are expressly
restored by the terms of the pardon.
2. A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
imposed upon him by the sentence. (NOTE:
The pardon cannot make an exception to this
rule.)
LIMITATIONS TOTHE PARDONING POWER:
1. That the power can be exercised only after
judgment of conviction has become final;
otherwise, there would be violation of the
doctrine of separation of powers.
2. Such power does NOT extend to cases of
impeachment.
3. Without the favorable recommendation of the
Commission on Elections, pardon CANNOT
be granted in case of violation of election
law, or rules and regulations (Article IX(C),
Sec. 5, par. 1, Philippine Constitution).
GENERAL RULE:
When the principal penalty is remitted by pardon,
only the effect of that principal penalty is
extinguished, but not the accessory penalties
attached to it.
69
EXCEPTION: exceed 15 days, if
When an absolute pardon is granted after the culprit is prosecuted
term of imprisonment has expired, it removes for light felony.
what is left of the consequences of conviction.
3. Higher than There is NO
prision subsidiary
ARTICLE 37: correccional imprisonment.
COSTS
4. Penalty imposed Subsidiary penalty
is not to be shall consist in the
Costs shall include fees and indemnities in the
executed by same deprivations as
course of the judicial proceedings, whether they
confinement, but those of the principal
be fixed or unalterable amounts previously
of fixed duration penalty, under the
determined by law or regulations in force, or
rule in Nos. 1 to 3
amounts not subject to schedule.
above.
ARTICLE 38: 5. The subsidiary personal liability which the
PECUNIARY LIABILITIES convict may have suffered by reason of his
insolvency shall not relieve him from the
fine in case his financial circumstances
ORDER OF PAYMENT
should improve (as amended by R.A.
In case the property of the offender should not be
5465).
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order: NOTE: Imprisonment is not an accessory
penalty, therefore, the culprit cannot be made to
1. Reparation of the damage caused serve subsidiary imprisonment unless the
2. Indemnification of consequential damages judgment expressly provides (People vs.
3. Fine Fajardo; 65 Phil. 539).
4. Costs of the proceedings.

ARTICLE 39:
SUBSIDIARY PENALTY

It is a subsidiary personal liability to be suffered

by the convict has no property with which to meet
the pecuniary liabilities mentioned in Article 38
(1), (2) and (3), he shall be subject to a
subsidiary personal liability at the rate of one day
for each 2 pesos and 50 centavos.

RULES ON SUBSIDIARY IMPRISONMENT

PENALTY SUBSIDIARY
IMPOSED IMPRISONMENT
1. Prision It must not exceed 1/3
correccional or of the term of the
arresto and fine sentence, and in no
case to continue for
more than one year.
Fraction or part of a
day is not counted.
2. Fine only It must not exceed 6
months, if the culprit
is prosecuted for
grave or less grave
felony, and not to

70
 APPLICATION AND GRADUATION
OF PENALTIES
APPLICATION OF PENALTIES
ARTICLE 46:
PENALTY FOR PRINCIPALS
GENERAL RULE:
The penalty prescribed by law for the
commission of a felony shall be imposed upon
the principals in the commission of such felony.
Whenever the law prescribes a penalty for a
felony in general terms, it shall be understood as
applicable to the consummated felony.
EXCEPTION:
When the law fixes a penalty for the frustrated or
attempted felony in cases where the law
considers that the penalty lower by one or two
degrees corresponding to said acts of execution
is not proportionate to the wrong done, the law
fixes a distinct penalty for the principal in the
frustrated or attempted felony (Article 46, RPC).
ARTICLE 47
The death penalty shall NOT be imposed:
(a) When offender is below 18 years of age at
the time of the commission of the crime
(b) When offender is more than 70 years old
(c) When upon appeal or automatic review of
the case by the Supreme Court, the required
majority vote is not obtained for the
imposition of the death penalty (Sec. 22, R.A.
7659 amending Article 47, RPC)
NOTE:
In all cases where the death penalty is
imposed by the trial court, the records shall
be forwarded to the Supreme Court for
AUTOMATIC REVIEW and judgment by the
Court en banc, within 20 days but not earlier
than 15 days after promulgation of the
judgment or notice of denial of any motion for
new trial or reconsideration. The transcript
shall also be forwarded within 10 days from
the filing thereof by the stenographic reporter
(Section 22, R.A. 7659 amending Article 47,
RPC).
(d) The death sentence shall not be inflicted
upon a woman while she is pregnant or
within one (1) year after delivery, nor upon
any person over seventy years of age. In this
last case, the death sentence shall be
commuted to the penalty of reclusion
perpetua with the accessory penalties
provided in Article 40 (Sec. 25, R.A. 7659
amending Art. 83, RPC).
NOTE:
In all cases where the death sentence has
become final, the records of the case shall be
forwarded immediately by the Supreme Court to
the Office of the President for possible exercise
of the pardoning power (Sec. 25, R.A. 7659
amending Article 83, RPC).
NOTE HOWEVER: R.A. 9346 (Act Prohibiting
the Imposition of Death Penalty in the
Philippines) (see discussion above).
ARTICLE 48:
PENALTY FOR COMPLEX CRIMES
PLURALITY OF CRIMES
It consists in the successive execution by the
same individual of different criminal acts upon
any of which no conviction has yet been
declared.
NOTE: If there is conviction, it is recidivism.
KINDS:
1. REAL/MATERIAL
There are different crimes in law as well as in
the conscience of the offender; the offender
shall be punished for each and every offense
that he committed.
2. FORMAL/IDEAL
There is only one criminal liability when:
(a) The offender commits a complex crime
under Article 48, RPC;
(b) The law specifically fixes a single penalty
for two or more offenses (Special
Complex/Composite Crimes);
(c) Offender commits continuous crimes;
ORDINARY COMPLEX CRIMES
Rationale: A complex crime exists where
although two or more crimes are actually
committed, these multiple crimes constitute only
71
one crime in the eyes of the law as well as in the
conscience of the offender. The offender has
only one criminal intent, hence, there is only one
penalty imposed for the commission of a
complex crime (see People vs. Gaffud;
September 19, 2008).
PENALTY FOR COMPLEX CRIMES:
Penalty for the most serious crime shall be
imposed, the same to be applied in its maximum
period.
KINDS OF COMPLEX CRIMES:
(a) Compound crime (delito compuesto); and
(b) Complex crime proper (delito complejo).
(a) COMPOUND CRIME
It exists when a single act constitutes two or
more grave or less grave felonies.
REQUISITES:
1. Only a single act is performed by the
offender;
2. The single act produces:
(a) Two or more grave felonies; or
(b) One or more grave and one or more less
grave felonies; or
(c) Two or more less grave felonies
Examples:
• When a single bullet successively killed two
victims (People vs. Caldito; 1990);
• Parricide with unintentional abortion; or
• Inmates killing each other (People v.
Pincalin; January 22, 1981).
There is no single act in the following:
(a) When two persons are killed one after the
other, by different acts, although these two
killings were the result of a single criminal
impulse. The different acts must be
considered as distinct crimes.
(b) When the acts are wholly different, not only
in themselves, but also because they are
directed against two different persons, as
when one fires his gun twice in succession,
killing one and injuring the other.
(b) COMPLEX CRIME
It exists when an offense is a necessary means
for committing the other.
REQUISITES: A N S
1. At least two offenses are committed;
2. One or some of the offenses must be
necessary to commit the other; and
3. Both or all of the offenses must be punished
under the same statute.
Examples:
• Malversation through falsification of public
document
• Estafa through falsification of public
document.
• The act of raping a girl, causing her physical
injuries which required medical attention for
twenty days. This is a complex crime of rape
with less serious physical injuries. The
Supreme Court considered the crime of less
serious physical injuries (laceration of genital
parts) as necessary to the commission of the
crime of rape. (US vs. Andaya; August 8,
1916).
There is NO COMPLEX CRIME when:
1. One offense is committed to conceal the
other;
2. The other crime is an indispensable part
or an element of the other offenses as
defined
3. One of the offenses is punished by
special penal law (People vs. Matias; June
13, 2012);
4. Both acts are punishable under a special
law (People v. Li Wai Cheung; October 13,
1992);
5. The law provides one single penalty for a
special complex (or composite) crime.
SPECIAL COMPLEX CRIMES
Where the law provides a single penalty for
two or more component offenses, the
resulting crime is called a special complex
crime (or composite crime) (People v. Laog;
October 5, 2011).
Special complex crimes under RPC:
(a) Robbery with homicide;
(b) Robbery with rape;
(c) Kidnapping with serious physical injuries;
(d) Kidnapping with murder or homicide; and
(e) Rape with homicide.
72
 COMPOSITE ORDINARY
CRIMES COMPLEX CRIMES EXAMPLES:
The composition The combination of • A collector of a commercial firm
of the offenses the offenses is not misappropriates for his personal use
is fixed by law. specified but several amounts collected by him from
generalized, that is, different persons. There is only one
grave and/or less crime because the different and
grave, or one offense successive appropriations are but the
being necessary different moments during which one
means to commit the criminal resolution arises (Regis vs.
other. People; December 24, 1938).
• A thief who takes from the yard of a
The penalty for Penalty is that house two game roosters belonging to
the specified corresponding to the two different persons commits only one
combination of most serious crime in getting hold of the two roosters,
crimes is offense, to be it is not done by a single act of taking,
specific. imposed in the but by two separate acts. There is,
maximum period. however, a unity of thought and action in
A light felony A light felony that taking the two roosters(People vs. De
that accompanies a Leon; October 8, 1926).
accompanies a compound/complex
composite crime crime may be the NOTES:
is absorbed. subject of separate • A continued crime is NOT a complex
information. crime, as the offender does not perform
(People vs. Villaflores; April 11, 2012) a single act but a series of acts.
Therefore, the penalty is not to be
These crimes CANNOT be complexed: imposed in the maximum.
(a) Malicious obtainment or abusive service • There is no actual provision punishing
of search warrant (Article 129) with continued crimes – it is a principle
perjury; applied in connection with two (2) or
(b) Bribery (Article 210) with infidelity in the more crimes committed with a single
custody of prisoners; intention.
(c) Maltreatment of prisoner (Article 235) • A continued (continuous or continuing)
with serious physical injuries; crime is different from a transitory crime.
(d) Usurpation of real rights (Article 312)
with serious physical injuries; and CONTINUING TRANSITORY
(e) Abandonment of persons in danger CRIME CRIME
(Article 275) and crimes against minors It is a single It is a “moving
(Article 276-278) with another felony. crime consisting crime”. In
of a series of transitory crime
6. In cases of continuing crime (delito acts but all the singleness of
continuado) arising from one the crime
criminal committed by
CONTINUING CRIME resolution. executing two or
Although there is more acts is NOT
It is a single crime consisting of a series of a series of acts, considered.
acts but all arising from one criminal there is only one
resolution. Although there is a series of acts, crime Example:
there is only one crime committed, so only committed, so Offender
one penalty shall be imposed. only one penalty kidnapped a
shall be person for the
REQUISITES: imposed. purpose of
1. Multiplicity of acts; ransom, by
2. Unity of criminal purpose or intent; and forcibly taking the
3. Unity of criminal offense violated. victim from Manila

73
 to Bulacan, where NOTE: Paragraph 3, Article 49 is obsolete
ransom was and has not been applied in our jurisdiction
demanded. The (Amurao, supra., p. 906 citing Criminal Law
offender could be Conspectus (2000 Ed.) by Florenz
prosecuted and Regalado).
tried either in
Manila or in Article 49 Article 48
Bulacan. Lesser penalty in its Penalty for the most
maximum period is serious crime in its
CONTINUED PLURALITY OF imposed. maximum period is
CRIME CRIMES imposed.
There is a series of acts performed by offender.
The different acts Each act performed ARTICLE 50–60
constitute only one constitutes a separate
crime because all crime because each act Consummated Frustrated Attempted
of the acts is generated by a Principal As provided -1 -2
performed arise criminal impulse. Accomplice -1 -2 -3
from one criminal Accessories -2 -3 -4
resolution.
Bases for the determination of the extent of
ARTICLE 49 penalty to be imposed under the RPC:
1. The stage of the crime in its development;
SCOPE OF APPLICATION 2. The participants therein of the persons liable;
This applies ONLY to cases of error in personae and
(where only one crime is committed but there is 3. The aggravating or mitigating circumstances
mistake of identity), and NOT to cases of which attended the commission of the crime.
aberratio ictus (where two felonies are
committed) and praeter intentionem (where the EXCEPTIONS to Rules in Articles50–57:
crime befalls on the same victim). 1. Cases in which the law expressly prescribes
the penalty provided for a frustrated or
CORE RULES: attempted felony, or to be imposed upon
1. If the penalty prescribed for the felony accomplices or accessories (Article 60,
committed be higher than that corresponding RPC);
to the offense which the accused intended to 2. The courts, in view of the facts of the case,
commit, the penalty corresponding to the may impose upon the person guilty of the
latter shall be imposed in its maximum frustrated crime of parricide, murder or
period. homicide, defined and penalized in Articles
246-249, a penalty lower by one degree than
2. If the penalty prescribed for the felony that which should be imposed under the
committed be lower than that corresponding provision of Article 50. The courts,
to the one which the accused intended to considering the facts of the case, may
commit, the penalty for the former shall be likewise reduce by one degree the penalty
imposed in its maximum period. which under Article 51 should be imposed for
an attempt to commit any of such crimes.
3. The rule established by the next preceding (Article 250, RPC).
paragraph shall NOT be applicable if the acts
committed by the guilty person shall also Accomplices who are punished with the same
constitute an attempt or frustration of another penalty imposed upon the principal:
crime, if the law prescribes a higher penalty 1. Ascendants, guardians, curators, teachers
for either of the latter offenses, in which case and any person who, by abuse of authority or
the penalty provided for the attempted or the confidential relationship, shall cooperate as
frustrated crime shall be imposed in its accomplices in the crimes of rape, acts of
maximum period. lasciviousness, seduction, corruption of
minors, white slave trade or abduction; and

74
2. One who furnished the place for the
perpetration of the crime of slight illegal SCALE NO. 2
detention. 1. Perpetual absolute disqualification
2. Temporal absolute disqualification
Cases where penalty imposed on accessories 3. Suspension from public office, the right
are one degree lower instead of two degrees: to vote and be voted for, the right to
1. Knowingly using counterfeited seal or forged follow a profession or calling
signature or stamp of the President of the 4. Public censure
Republic; 5. Fine.
2. Illegal possession and use of false treasury
or bank note; RULES FOR GRADUATING PENALTIES
3. Use of a falsified document; and
4. Use of a falsified dispatch. 1. When the The penalty next lower
penalty in degrees shall be that
GRADUATION OF PENALTIES prescribed for immediately following
the felony is that indivisible penalty in
This refers to: single and the respective graduated
indivisible scale prescribed in
DEGREE PERIOD Article 71.
It is one entire A period is one of three 2. When the The penalty next lower
penalty, one whole equal portions - penalty in degree shall be that
penalty, or one unit minimum, medium, and prescribed for immediately following
of penalty maximum of a divisible the crime is the lesser of the
enumerated in the penalty. composed of two penalties prescribed in
graduated scales indivisible the respective graduated
under Article 71. It GENERAL RULE: penalties, or of scale.
may refer to both When there is MC or one or more
divisible and AC, the penalty is divisible
indivisible lowered or increased penalties at their
penalties. by period only. full extent
3. When the The penalty next lower
EXCEPTION: penalty in degree shall be
When the penalty is prescribed for composed of the
divisible and there are the crime is medium and minimum
two or more MCs or composed of periods of the proper
ACs, the penalty is one or two divisible penalty and the
lowered by degree. indivisible maximum periods of the
penalties and the proper divisible penalty
ARTICLES 61 in relation to ARTICLE 71: maximum period and the maximum period
RULES FOR GRADUATING PENALTIES of another of that immediately
divisible penalty following in said
respective graduated
GRADUATED SCALES scale.
4. When the The penalty next lower
SCALE NO. 1 penalty in degree shall be
1. Death, prescribed for composed of the period
2. Reclusion perpetua the crime is immediately following
3. Reclusion temporal composed of the minimum prescribed
4. Prision mayor several periods, and of the two next
5. Prision correccional corresponding to following, which shall be
6. Arresto mayor different divisible taken from the penalty
7. Destierro penalties prescribed, if possible;
8. Arresto menor otherwise from the
9. Public censure penalty immediately
10. Fine following in the above

75
 mentioned respective aggravate or mitigate the liability of those
graduated scale. persons only who had knowledge of them at
5. When the law The courts, proceeding the time of the execution of the act or their
prescribes a by analogy, shall impose cooperation therein.
penalty for a corresponding penalties
crime in some upon those guilty as 5. HABITUAL DELINQUENCY
manner not principals of the
especially frustrated felony, or of HABITUAL DELIQUENT
provided for in attempt to commit the It is a person who, within a period of ten
the four same, and upon years from the date of his release or last
preceding rules accomplices and conviction of the crimes of serious or less
accessories (Article 61) serious physical injuries, robbery, theft,
6. When the The penalty next lower estafa or falsification, is found guilty of any of
penalty consists in degree is the same said crimes a third time or oftener.
of only one or number of periods
two periods immediately following REQUISITES:
(People vs. Gonzales; 1. That the offender had been
April 20, 1942 cited in convicted of any of the crimes of serious
Amurao, p. 923). or less serious physical injuries, robbery,
theft, estafa, or falsification
ARTICLE 62: 2. That after that conviction or after serving
EFFECTS OF MITIGATING AND his sentence, he again committed, and,
AGGRAVATING CIRCUMSTANCES AND OF within 10 years from his release or first
conviction, he was again convicted of
HABITUAL DELIQUENCY
any of the said crimes for the second
time
Mitigating or aggravating circumstances and
3. That after his conviction of, or after
habitual delinquency shall be taken into account
serving sentence for, the second
for the purpose of diminishing or increasing the
offense, he again committed, and, within
penalty in conformity with the following rules:
10 years from his last release or
conviction, he was again convicted of
1. Aggravating circumstances shall NOT be
any of said offenses, the third time or
taken into account when:
oftener
(a) They themselves constitute a crime
specially punishable by law; or
The following must be alleged in the
(b) They are included by the law in defining
information:
a crime and prescribing penalty therefor.
(a) Date of the commission of the previous
crime;
2. The same rule shall apply with respect to any
(b) Date of the last conviction or release;
aggravating circumstance inherent in the
and
crime to such a degree that it must of
(c) The dates of the other previous
necessity accompany the commission
convictions or releases. (People vs.
thereof.
Venus; September 15, 1936).
3. Circumstances arising from any of the
EFFECTS OF HABITUAL DELINQUENCY
following shall only serve to aggravate or
(a) Upon a third conviction the culprit shall
mitigate the liability of those as to whom such
be sentenced to the penalty provided by
circumstances are attendant:
law for the last crime of which he be
(a) The moral attributes of the offender;
found guilty and to the additional penalty
(b) His private relations with offended party;
of prision correccional in its medium and
and
maximum periods.
(c) Any other personal cause.
(b) Upon a fourth conviction, the culprit shall
be sentenced to the penalty provided for
4. The circumstances which consist in the
the last crime of which he be found guilty
material execution of the act, or in the means
and to the additional penalty of prision
employed to accomplish it, shall serve to

76
 mayor in its minimum and medium
periods.
(c) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty
of prision mayor in its maximum period to
reclusion temporal in its minimum period.
(d) Destierro (6 m and 1 d to 6 y);
(e) Arresto mayor (1 m and 1 day to 6 m)
(f) Arresto menor (1 d to 30 d);
(g) Temporary disqualification (6 y and 1 d to 12
y, except when imposed as accessory
penalty); and
(h) Suspension (6 m and 1 d to 6 y, except when
imposed as accessory penalty).

HABITUAL RECIDIVISM RULES:

DELINQUENCY
The crimes are Crimes belong to the Modifying Proper Period
specified. same title. Circumstances
Crimes are committed No time is fixed by law. 1. No MCs or ACs Medium
within 10 years. 2. Only MC Minimum
Offender must be Second conviction. 3. Only AC Maximum
found guilty the third 4. Some of both The court shall reasonably
time or oftener. MCs and ACs offset those of one class
As an effect, an If not offset, it against the other
additional penalty is increases the penalty according to their relative
imposed. to maximum period. weight.
5. Two (2) or more The court shall impose the
NOTE: Notwithstanding Article 62 provisions, the MCs and no penalty next lower to that
total of the two penalties to be imposed upon the ACs prescribed by law, in the
offender shall in no case exceed 30 years. period that it may deem
applicable, according to
ARTICLE 63: the number and nature of
APPLICATION OF INDIVISIBLE PENALTIES such circumstances.
6. Whatever may be the number and nature of
In all cases in which the law prescribes a single the aggravating circumstances, the courts
indivisible penalty, it shall be applied by the shall not impose a greater penalty than that
courts regardless of any mitigating or prescribed by law, in its maximum period.
aggravating circumstances that may have
7. Within the limits of each period, the court shall
attended the commission of the deed.(Article 63,
determine the extent of the penalty according
par. 1, RPC).
to the number and nature of the aggravating
and mitigating circumstances and the greater
NOTE: Privileged MC is always applied.
and lesser extent of the evil produced by the
NOTE: Article 63, par. 2 is useless now.
crime.
ARTICLE 64:
APPLICATION OF DIVISIBLE PENALTIES ARTICLE 65

SCOPE: In cases in which the penalty prescribed by law is

This article is applicable in cases in which the
penalties prescribed by law contain three
periods, whether it be a single divisible penalty or
composed of three different penalties, each one
of which forms a period in accordance with
Articles 76 and 77.
The following are DIVISIBLE Penalties:
(a) Reclusion temporal (12 y and 1 d to 20 y)
(b) Prision mayor (6 y and 1 d to 12 y);
(c) Prision correccional (6 m and 1 d to 6 y)
not composed of three periods, the courts shall
apply the rules contained in the foregoing
articles, dividing into three equal portions of time
included in the penalty prescribed, and forming
one period of each of the three portions.
Example:
In a prosecution for rape, the time included in the
penalty of reclusion perpetua (20 years and 1
day to 40 years) can be divided into three equal
portions, thus:

77
 penalty or penalties first imposed, or should they
(a) Minimum: 20y & 1d – 26y & 8m have been served out.
(b) Medium: 26y & 8m & 1d – 34y & 4m
(c) Maximum: 34y & 4m & 1d – 40y (People vs. The respective severity of the penalties shall be
Lucas; May 25, 1994). determined in accordance with the following
scale:
ARTICLE 66:
IMPOSITION OF FINES 1. Death,
2. Reclusion perpetua,
RULES: 3. Reclusion temporal,
1. The courts may fix any amount within the 4. Prision mayor,
limits established by law. 5. Prision correccional,
2. In fixing the amount in each case attention 6. Arresto mayor,
shall be given, not only to the MCs and ACs, 7. Arresto menor,
but more particularly to the wealth or means 8. Destierro,
of the culprit(Article 66, RPC). 9. Perpetual absolute disqualification,
10. Temporary absolute disqualification.
NOTES: 11. Suspension from public office, the right
• If the law imposes a fixed amount of fine, the to vote and be voted for, the right to
courts have no discretion. follow a profession or calling, and
• Relate this article to Article 75, RPC. 12. Public censure.

What penalties under the RPC can be

ARTICLE 67:
simultaneously served?
PENALTY FOR INCOMPLETE ACCIDENT
1. Perpetual absolute disqualification;
When not all of the requisites of accident are 2. Perpetual special disqualification;
present, the case becomes one of criminal 3. Temporary absolute disqualification;
negligence, which may be reckless of simple, 4. Temporary special disqualification;
under Article 365, RPC. 5. Suspension;
6. Destierro;
RULES: 7. Public censure;
If the culprit shall have been guilty of: 8. Fine, and bond to keep the peace;
9. Civil interdiction; and
(a) Grave Arresto mayorat its maximum 10. Confiscation and payment of costs.
felony to prision correccional at its
minimum THREE-FOLD RULE
(b) Less grave Arresto mayor in its minimum
felony and medium periods The maximum duration of the convict's sentence
shall NOT be more than three times the length of
NOTE: Article 68 is amended by R.A. 9344 time corresponding to the most severe of the
penalties imposed upon him.
ARTICLE 70, as amended:
SUCCESSIVE SERVICE OF SENTENCE No other penalty to which he may be liable shall
be inflicted after the sum total of those imposed
GENERAL RULE: equals the same maximum period.
When the culprit has to serve two or more
penalties, he shall serve them simultaneously if Maximum period shall NOT exceed 40 years.
the nature of the penalties will so permit.
NOTES:
OTHERWISE: In the imposition of the penalties, • The phrase "the most severe of the
the order of their respective severity shall be penalties” includes equal penalties.
followed so that they may be executed
successively or as nearly as may be possible,
should a pardon have been granted as to the

78
• The three-fold rule applies only when the
convict has to serve at least four (4)
sentences.
• All the penalties, even if imposed by different
courts at different times, cannot exceed three
fold the most severe.
• The three-fold rule applies although the
penalties were imposed for different crimes,
at different times, under separate
informations (Torres vs. Superintendent;
November 24, 1933).
• Subsidiary imprisonment forms part of the
penalty.
• In applying the provisions of this rule the
duration of perpetual penalties (pena
perpetua) shall be computed at 30 years.
Different systems of penalty, relative to the
execution of two or more penalties imposed
on one and the same accused:
1. Material Accumulation System:
• No limitation whatever.
• Penalties for all the violations are to be
imposed even if they reached beyond
the natural span of human life.
2. Juridical Accumulation System:
• Limited to not more than three-fold the
length of time corresponding to the most
severe.
• Penalties are in no case to exceed 40
years.
3. Absorption System:
• The lesser penalties are absorbed by the
graver penalties.
ARTICLE 72:
PREFERENCE IN PAYMENT OF
CIVIL LIABILITIES
The civil liabilities of a person found guilty of two
or more offenses shall be satisfied by following
the chronological order of the dates of the
judgments rendered against him, beginning with
the first in order of time.
ARTICLE 73
Whenever the courts shall impose a penalty
which, by provision of law, carries with it other
penalties, according to the provisions of Articles
40, 41, 42, 43 and 44, it must be understood that
the accessory penalties are also imposed.
ARTICLE 74
In cases in which the law prescribes a penalty
higher than another given penalty, without
specially designating the name of the former, if
such higher penalty should be that of death, the
same penalty and the accessory penalties of
Article 40, shall be considered as the next higher
penalty.
ARTICLE 75:
INCREASING OR REDUCING FINE
SCOPE:
This provision applies to fines that are NOT fixed
at an exact amount.
How is it applied?
Whenever it may be necessary to increase or
reduce the penalty of fine by one or more
degrees, it shall be increased or reduced,
respectively, for each degree, by ¼ of the
maximum amount prescribed by law, without
changing the minimum.
The same rules shall be observed with regard of
fines that do not consist of a fixed amount, but
are made proportional.
NOTES:
• When the law does not fix the minimum (only
maximum), the court can impose a fine not
exceeding the maximum.
• When the law imposes a maximum, or a
maximum and minimum, the court can
impose an amount higher than the maximum.
Example:
If the fine prescribed is from P200 toP500, but
the felony is frustrated so that the penalty should
be imposed one degree lower, ¼ of P500 shall
be deducted there from. This is done by
deducting P125 from P500 leaving a difference
of P375. To go another degree lower, P125 shall
again be deducted from P375 and that would
leave a difference of P250. Hence, the penalty
another degree lower is a fine ranging from P200
to P250. If at all the fine has to be lowered
further, it cannot go lower than P200. Under
79
Article 75, the court cannot change the minimum
of P200 (People vs. Rodriguez; March 2, 1911).

80
 ARTICLE 77:
COMPLEX PENALTY

When is it applicable?
It is applied in cases in which the law prescribes
a penalty composed of three distinct penalties.

RULE:
Each one (of the three distinct penalties) shall
form a period, the lightest of them shall be the
minimum, the next the medium, and the most
severe the maximum period.

Whenever the penalty prescribed does not have

one of the forms specially provided for in this
Code, the periods shall be distributed, applying
by analogy the prescribed rules.

Example:
Treason by a resident alien (Article 114) is
punishable with the penalty of reclusion temporal
to death, where:

(a) Maximum: Death

(b) Medium: Reclusion perpetua; and
(c) Minimum: Reclusion temporal.

NOTE: See discussion on the Indeterminate

Sentence Law (Act No. 4103, as amended) in
the Special Penal Laws section.

81
 EXECUTION AND SERVICE
OF PENALTIES
ARTICLE 78:
WHEN AND HOW PENALTY IS EXECUTED
No penalty shall be executed except by virtue of
a final judgment.
A penalty shall not be executed in any other form
than that prescribed by law, nor with any other
circumstances or incidents than those expressly
authorized thereby.
NOTES:
• In addition to the provisions of the law, the
special regulations prescribed for
government penal institutions shall be
observed with regard to:
(a) Character of the work to be performed,
time of its performance, and other
incidents connected therewith,
(b) Relations of the convicts among
themselves and other persons,
(c) Relief which they may receive, and
(d) Their diet.
• The regulations shall make provision for the
separation of the sexes in different
institutions, or at least into different
departments, and also for the correction and
reform of the convicts.
ARTICLE 79:
SUSPENSION OF SENTENCE IN CASE OF
INSANITY OR IMBECILITY
Effect of Insanity or Imbecility after Judgment
or During Service of Sentence:
When a convict shall become insane or an
imbecile after final sentence has been
pronounced or while he is serving sentence, the
execution of said sentence shall be suspended
only with regard to the personal penalty.
• The court shall order his confinement in one
of the hospitals or asylums established for
persons thus afflicted, which he shall not be
permitted to leave without first obtaining the
permission of the same court.
If at any time the convict shall recover his
reason, his sentence shall be executed, unless
the penalty shall have prescribed.
Article 80 is repealed by P.D. 603(Child and
Youth Welfare Code)
Articles 81-85 pertaining to execution of death
penalty is suspended by virtue of R.A. 9346.
ARTICLE 86
The penalties of reclusión perpetua, reclusión
temporal, prisión mayor, prisión correccional, and
arresto mayor, shall be executed and served in
the places and penal establishments provided by
the Administrative Code in force or which may be
provided by law in the future.
ARTICLE 87:
DESTIERRO
Destierro consists in the prohibition on the
convict to enter the place or places designated in
the sentence, nor within the radius therein
specified, which shall not more than 250 and be
not less than 25 kilometers from the place
designated.
DESTIERRO WHEN IMPOSED:
Destierro is imposed in the following crimes –
1. Serious physical injuries or death under
exceptional circumstances (Article 247);
2. Failure to give bond for good behavior;
3. As penalty for the concubine in
concubinage(Article 334); and
4. In cases where after reducing the penalty by
one or more degrees, destierro is proper.
ARTICLE 88:
ARRESTO MENOR
The penalty of arresto menor shall be served in
the municipal jail, or in the house of the
defendant himself under the surveillance of an
officer of the law, when the court so provides in
its decision, taking into consideration the health
of offender and other reasons satisfactory to it.
NOTE: See discussion on the Probation Law
(P.D. 968) in the SPL section.
NOTE: See discussion on Juvenile Justice and
Welfare Act (R.A. 9344) inSPL section.
82
 TITLE FOUR: trial but have not yet been convicted. It
MODIFICATION AND EXTINCTION completely extinguishes the penalty and
OF CRIMINAL LIABILITY all its effects. It erases not only the
conviction but also the crime itself.
• It should be one that completely
ARTICLE 89: extinguishes penalty and all its effects.
TOTAL EXTINCTION OF • But, civil liability is NOT extinguished.
CRIMINAL LIABILITY
4. ABSOLUTE PARDON
NOTE: Extinction of criminal liability does not
extinguish civil liability (Petralba vs. Pardon is an act of grace, proceeding from
Sandiganbayan; August 6, 1991). the power entrusted with the execution of the
laws, which exempts the individual on whom
GROUNDS FOREXTINCTION: it is bestowed from the punishment the law
DSA – P(OC) – P(CP) – MR inflicts for the crime he has committed.
1. DEATH OF THE CONVICT (a) Pardon by Offended Party
(a) Personal penalties are totally (See discussion on Article 23)
extinguished.
NOTE: Technically, this is only a bar to
NOTE:Death, whether before or after prosecution.
final judgment, extinguishes criminal
liability. (b) Pardon by Chief Executive
(See discussion on Article 36)
(b) Pecuniary penalties or liability therefor is
extinguished only when the death of the
PARDON BY
offender occurs before final judgment. PARDON BY THE
THE CHIEF
OFFENDED PARTY
EXECUTIVE
DEATH PENDING APPEAL
It can extend to Applies only to
GENERAL RULE:Death of the accused any crime, unless crimes against
pending appeal of his conviction otherwise chastity under the
extinguishes his criminal liability as well provided by or is RPC and rape.
as the civil liability based solely on the subject to
offense committed. conditions in the
Constitution or
EXCEPTION:The claim on civil liability laws.
survives notwithstanding the death of the It extinguishes It does NOT
accused, if the same may be predicated criminal liability. extinguish criminal
on a source of obligation other than liability but may
delict, such as law, contracts, quasi- constitute a bar to the
contracts, and quasi-delicts(People vs. prosecution of the
Bayotas; September 2, 1994). offender in seduction,
abduction and acts of
2. SERVICE OF THE SENTENCE lasciviousness of the
• Service of sentence does not extinguish victim and the
civil liability (Salgado vs. Court of offender, and in
Appeals; August 30, 1990). adultery and
concubinage, by the
3. AMNESTY express or implied
• Amnesty is an act of sovereign power pardon by the
granting oblivion or a general pardon for offended spouses.
a past offense, and is rarely, if ever, It cannot affect the The offended party
exercised in favor of a single individual, civil liability ex can waive the civil
and is usually exerted in behalf of certain delicto of the liability.
classes of persons, who are subject to offender.

83
To any or all of the In seduction, 5. PRESCRIPTION OF THE CRIME
accused. abduction and acts of It is the forfeiture or loss of the right of the
lasciviousness, it State to prosecute the offender after the
benefits the co- lapse of a certain time.
principals,
accomplices and ARTICLES 90 AND 91:
accessories. PRESCRIPTION OF CRIMES

In adultery and IMPOSABLE PRESCRIPTIVE

concubinage, it must PENALTY PERIOD
include both Death, reclusión 20 years
offenders. perpetua, or reclusión
It may be absolute It cannot be validly temporal
or conditional. be made subject to a Other afflictive 15 years
condition. penalties
Correctional penalties 10 years
NOTE: A pardon is in the nature of a deed, (other than arresto
for the validity of which delivery is an mayor)
indispensable requisite. Until accepted, all Arresto Mayor 5 years
that may have been done is a matter of
Libel 1 years
intended favor and may be cancelled. But
once accepted by the grantee, the pardon Oral defamation and 6 months
cannot be revoked by the granting authority. slander by deed
Light offenses 2 months
PARDON AMNESTY
NOTE: When the penalty fixed by law is a
It includes any It is a blanket
compound one the highest penalty shall be
crime and is pardon to classes of
made the basis of the application of the rules
exercised persons or
in this article.
individually by the communities who
President. may be guilty of
political offenses. PRECRIPTIVE PERIODS FOR CRIMES
PUNISHABLE BY FINES
It is exercised when It may be exercised
a person is already even before trial or
NATURE OF FINE PRESCRIPTION
convicted. investigation is had.
Afflictive 15 years
It looks forward. It looks backward.
Correctional 10 years
It does not work the It obliterates the Light 2 months
restoration of rights offense with which
to hold public office he is charged that
NOTES:
or the right to the person released
suffrage, unless by amnesty stands • The subsidiary penalty for nonpayment
of the fine should not be considered in
such rights be before the law
determining the period of prescription of
expressly restored precisely as though
the crimes.
by the terms of he had committed
pardon. no offense.
• Since light felony is specifically defined
It does not alter the It makes an ex- in Article 9 as an infraction of the law for
fact that an convict no longer a the commission of which the penalty of
offender is a recidivist. arresto menor or a fine not exceeding
recidivist. P200, or both, is provided, a fine of P200
It must be pleaded It is a public act of provided for a light felony should not be
and proved by the which the courts considered correctional.
person pardoned. should take judicial
notice. PRESCRIPTION OF OFFENSES UNDER
SPECIAL LAWS AND ORDINANCES

84

Prescription shall begin to run from the day
of the commission of the violation of the law,
and if the same be not known at the time,
from the discovery thereof and the institution
of judicial proceedings for its investigation
and punishment (Sec. 2, Act No. 3326).
IMPOSABLE PENALTY PERIOD
Imprisonment of 12 years
6 years or more
Imprisonment of 2 years but 8 years
less than 6 years
Offenses under NIRC 5 years
Imprisonment of over 1 4 years
month but less than 2 years
Fine or imprisonment of not 1 year
over 1 month or both
Violation of municipal 2 months
ordinances
Computing Prescription of Crimes:
Prescription commences to run from the day
on which the crime is discovered by the
offended party, the authorities, or their
agents.
It shall be INTERRUPTED by:
(a) The filing of the complaint or information,
and shall commence to run again when
such proceedings terminate without the
accused being convicted or acquitted, or
are unjustifiably stopped for any reason
not imputable to him (Article 91, RPC);
and
(b) The absence of the accused from the
Philippine Archipelago.
NOTES:
• If the amendment is made after the
prescriptive period, distinction must be
made between the original complaint and
the different act complained of. If it is
merely a correction of a defect, the date
of the original complaint or information
should be considered(LTB vs. Ramos,
August 9, 1934).
• The accused cannot be convicted of an
offense lesser than that charged if the
lesser offense had already prescribed at
the time the information was filed.
6. PRESCRIPTION OF THE PENALTY
It is the loss or forfeiture of the right of the
government to execute the final sentence,
after the lapse of certain time.
ARTICLES 92 and 93:
PRESCRIPTION OF PENALTIES
IMPOSABLE PRESCRIPTIVE
PENALTY PERIOD
Death, reclusión 20 years
perpetua
Other afflictive 15 years
penalties
Correctional penalties 10 years
(except arresto mayor)
Arresto mayor 5 years
Light penalties 1 year
Computing Prescription of Penalties:
The period of prescription of penalties shall
commence to run from the date when the
culprit should evade the service of his
sentence.
It shall be INTERRUPTED if:
(a) Defendant should give himself up;
(b) Defendant is captured
(c) Defendant should go to some foreign
country with which this Government has
no extradition treaty, or
(d) Defendant should commit another crime
before the expiration of the period of
prescription (Article 93, RPC).
NOTE: When the penalty fixed by law is a
compound one, the highest penalty shall be
made the basis of the application of the
rules.
7. MARRIAGE of the offended woman with the
offender in the crimes of seduction,
abduction, acts of lasciviousness and rape,
as provided in Article 344, RPC.
• The marriage must be contracted in
good faith. Marriage contracted only to
avoid criminal liability is devoid of legal
effects (People vs. Santiago; October 18,
1927).
8. Express and total REPEAL.
85
 ARTICLE 94: terms upon which the sentence shall be
PARTIAL EXTINCTION OF suspended.
CRIMINAL LIABILITY
Conviction is NOT necessary to revoke
GROUND FOR PARTIAL EXTINCTION: parole. The mere commission, not conviction
by the court, of any crime is sufficient to
• CONDITIONAL PARDON warrant parolee’s arrest.
Conditional pardon delivered and accepted is
considered a contract between the sovereign CONDITIONAL PAROLE
power of the executive and the convict that PARDON
the former will release the latter upon It is given at any time It is given after the
compliance with the condition. after final judgment. prisoner has served
the minimum
• COMMUTATION OF THE SENTENCE penalty.
It is the change of the decision of the court It is granted by the It is granted by the
made by the Chief Executive by reducing the Chief Executive Board of Pardons
degree of the penalty inflicted upon the under the provisions and Parole under
convict, or by decreasing the length of the of the Administrative the provisions of the
imprisonment or the amount of the fine. Code. ISL.
In case of violation, In case of violation,
In commutation of sentence, consent of the the convict may be the convict can be
offender is NOT necessary. The public ordered rearrested or rearrested or
welfare, not his consent, determines what reincarcerated by the reincarcerated to
shall be done (Biddle vs. Perovich, 274 U.S. Chief Executive, or serve the unserved
480). may be prosecuted portion of his
under Article 159, original penalties.
• GOOD CONDUCT ALLOWANCES RPC.
Allowances for good conduct are deductions
from the term of the sentence for good • PROBATION
behavior while serving sentence. (See discussion on Probation Law)

IMPRISONMENT DEDUCTION
First 2 years 5 days for each month
of good behavior
3 – 5 years 8 days for each month
of good behavior
6 – 10 years 10 days for each
month of good
behavior
11 years and so 15 days for each
on month of good
behavior

NOTE: It is the Director of Prison who grants

the allowances for good conduct.

• PAROLE
(See discussion on Parole under ISLaw)

Parole consists in the suspension of the

sentence of a convict after serving the
minimum term of indeterminate penalty,
without granting a pardon, prescribing the

86
 TITLE FIVE:
CIVIL LIABILITY
TWO CLASSES OF INJURIES:
1. SOCIAL INJURY
It is produced by the disturbance and alarm
which are the outcome of the offense;
2. PERSONAL INJURY
It is caused to the victim of the crime who
may have suffered damage, either to his
person, to his property, to his honor, or to her
chastity.
NOTE: The social injury is sought to be repaired
through the imposition of the corresponding
penalty; while the personal injury is through
indemnity, which is civil in nature.
ARTICLE 100:
CIVIL LIABILITY OF A GUILTY PERSON
GENERAL RULE:
Every person criminally liable for a felony is also
civilly liable.
Basis: The obligation of everyone to repair
or make whole the damage caused to
another by reason of his act or omission,
whether done intentionally or negligently and
whether or not punishable by law (Occena
vs. Icanima; January 22, 1990).
EXCEPTION:
There is no civil liability in victimless crimes
(such as flight to enemy country).
Although the accused is not held criminally
liable, civil liability may exist in cases of:
1. Acquittal on reasonable doubt;
2. Acquittal from a cause of non-imputability;
3. Acquittal in the criminal action for negligence;
and
4. When there is only civil responsibility.
ARTICLES 102 & 103
NOTE: The provisions of the RPC on subsidiary
liability in Articles 102 and 103 are deemed
written into the judgments in cases to which they
are applicable. Thus, in the dispositive portion of
its decision, the trial court need not expressly
pronounce the subsidiary liability of the
employer.
ARTICLE 104:
WHAT IS INCLUDED IN CIVIL LIABILITY
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
ARTICLE 105:
RESTITUTION
The restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it
be found in the possession of a third person who
has acquired it by lawful means, saving to the
latter his action against the proper person, who
may be liable to him.
This provision is NOT applicable in cases in
which the thing has been acquired by the third
person in the manner and under the
requirements which, by law, bar an action for its
recovery.
ARTICLE 106:
REPARATION
Reparation will be ordered by the court if
restitution is not possible.
The court shall determine the amount of damage,
taking into consideration the price of the thing,
whenever possible, and its special sentimental
value to the injured party, and reparation shall be
made accordingly.
NOTE: It refers generally to crimes against
property.
ARTICLE 107:
INDEMNIFICATION FOR DAMAGES
It includes not only those caused the injured
party, but also, those suffered by his family or by
a third person by reason of the crime.
NOTE: It is ordinarily the remedy granted to the
victims of crimes against persons.
87
 ARTICLE 107:
INDEMNIFICATION
INDEMNITY
It is a remedy granted to the victims of crimes
against persons; reparation, to the victims of
crimes against property.
Effect of R.A 9346 on the Civil Indemnity for
Heinous Crimes:
The debarring of the death penalty through R.A.
9346 did NOT correspondingly declassify those
crimes previously catalogued as “heinous.” The
amendatory effects of R.A. 9346 extend only to
the application of the death penalty but not to the
definition or classification of crimes.
ARTICLE 108:
UPON WHOM THE OBLIGATION TO MAKE
RESTORATION, REPARATION OR
INDEMNIFICATION DEVOLVES
The obligation to make restoration or reparation
for damages and indemnification for
consequential damages devolves upon the heirs
of the person liable.
The action to demand restoration, reparation,
and indemnification likewise descends to the
heirs of the person injured.
ARTICLE 109
SHARE OF EACH PERSON CIVILLY LIABLE
If there are two or more persons civilly liable for a
felony, the courts shall determine the amount for
which each must respond.
ARTICLE 110:
SEVERAL AND SUBSIDIARY LIABILITY OF
PRINCIPALS, ACCOMPLICES AND
ACCESSORIES OF A FELONY;
PREFERENCE IN PAYMENT
Notwithstanding the provisions of the next
preceding article, the principals, accomplices,
and accessories, each within their respective
class, shall be liable severally (in solidum)
among themselves for their quotas, and
subsidiaries for those of the other persons liable.
The subsidiary liability shall be enforced, first
against the property of the principals; next,
against that of the accomplices, and, lastly,
against that of the accessories.
Whenever the liability in solidum or the
subsidiary liability has been enforced, the person
by whom payment has been made shall have a
right of action against the others for the amount
of their respective shares.
ARTICLE 111:
OBLIGATION TO MAKE RESTITUTION
IN CERTAIN CASES
Any person who has participated gratuitously in
the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent
of such participation.
ARTICLE 112:
EXTINCTION OF CIVIL LIABILITY
Civil liability is extinguished by:
1. Payment or performance;
2. Condonation or remission of the debt;
3. Confusion or merger of the rights of the
creditor and debtor;
4. Compensation;
5. Novation;
6. Other causes of extinguishment of
obligations such as annulment, rescission,
fulfillment of a resolutory condition; and
7. Prescription.
NOTES:
• Civil liability in criminal cases is NOT
extinguished by the subsequent loss of the
thing due because the Court will order
reparation in such cases.
• Civil liability is extinguished by subsequent
agreement between the accused and the
offended party. (People vs. Vda. Del Marte;
1969).
Subsidiary Civil Liability of Employers under
Article 103, RPC:
This liability is enforceable in the same criminal
proceeding where the award is made. However,
before execution against an employer ensues,
there must be a determination. A hearing is set
for the purpose of determining:
1. The existence of an employer-employee
relationship;
2. That the employer is engaged in some kind
of industry;
88
3. That the employee is adjudged guilty of the
wrongful act and found to have committed
the offense in the discharge of his duties not
necessarily any offense he commits “while”
in the discharge of such duties; and
4. That said employee is insolvent. (Basilio vs.
Court of Appeals; 328 SCRA 341).

NOTE: Due diligence in the selection and

supervision of employees is NOT a defense on
the part of the employer and may not free the
latter form subsidiary liability for the employee’s
civil liability in a criminal action.

ARTICLE 113:
OBLIGATION TO SATISFY CIVIL LIABILITY

Except in case of extinction of his civil liability as

provided in the next preceding article the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact that
he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence or
any other reason.

89
90
 BOOK TWO
can be made only
TITLE ONE: when the offender is
CRIMES AGAINST NATIONAL SECURITY within Philippine
AND THE LAW OF NATIONS territory, or brought to
the Philippines in lieu
of extradition treaty.
ARTICLES CRIMES
114 Treason NOTE: Crimes against national security should
115 Conspiracy and proposal to be committed during a state of war except for:
commit treason
116 Misprision of treason 1. Espionage;
117 Espionage 2. Inciting to war or giving motives for reprisal;
3. Violation of neutrality; and
118 Inciting to war or giving
4. Piracy and mutiny.
motives for reprisals
119 Violation of neutrality ARTICLE 114:
120 Correspondence with TREASON
hostile country
121 Flight to enemy country Treason is breach of allegiance to a government
122 Piracy in general and committed by a person who owes allegiance to it.
mutiny on the high seas
ELEMENTS: F L A W
123 Qualified piracy
1. The offender is a Filipino citizen or an alien
residing in the Philippines
Crimes against Crimes against the 2. There is a war in which the Philippines is
National Security Law of Nations involved
Crimes covered 3. The offender either:
1. Treason; 1. Inciting to war, or (a) Levies war against the government; or
2. Conspiracy and giving motives for (b) Adheres to the enemies, giving them aid
proposal to commit reprisals; or comfort
treason; 2. Violation of
3. Misprision of neutrality; NOTES:
treason; 3. Correspondence • Treason absorbs crimes committed in
4. Espionage; and with hostile country; furtherance thereof (e.g. murder, homicide,
5. Terrorism and 4. Flight to enemy’s physical injuries, arson, or other common
conspiracy to country; crimes). Treason CANNOT be complexed
commit terrorism. 5. Piracy; and with other crimes.
6. Mutiny.
Application • Treason is a continuing crime. Even if the
offender commits several acts of treason, he
They have They are considered
can only be charged with one count of
extraterritorial crimes against
treason. All such acts constitute a single
application. If the humanity. Thus, the
offense.
crimes are committed accused can be
outside of Philippine prosecuted wherever
• Mere attempt of committing treason
territory, the offenders and whenever he may
consummates the crime. It matters not how
can be charged and be found (Estrada,
vain and futile the attempt was and how
prosecuted before Abellardo. Criminal
impossible the accomplishment thereof.
Philippine courts Law Book 2, 2011 ed.).
(Article 2, par. 5).
TWO MODES OF COMMITTING TREASON:
1. Levying war against the government
However, prosecution

91
 REQUISITES:
(a) There must be an actual assembly of
men
(b) For the purpose of executing a
treasonable design by force.
NOTES:
• The offender must collaborate with the
enemy state to hand over the
government to the said enemy.
• The levying of war must be with the
intent to overthrow and destroy the
established government, not merely to
resist a particular statute or to repel a
particular officer.
• If the levying of war is merely a civil
uprising, without any intention of helping
an external enemy, the crime is not
treason. The offenders may be held
liable for rebellion under Article 135 in
relation to Article 134.
2. Adhering to the enemy by giving them aid
or comfort
“Adherence to the enemy” means intent to
betray.
• Adherence:
It is where a person intellectually and
emotionally favors the enemy. It is an
internal state of mind manifested by
overt acts of giving aid or comfort to the
enemy.
Adherence may be proved:
(a) By one witness;
(b) From the nature of the act itself; or
(c) From the circumstances surrounding
the act.
• “Aid or comfort” means that
which will strengthen the
defense of the enemy or which
will weaken the defense of the
government (e.g. giving supplies,
information, arms, and means of
transportation).
• “Enemy” refers to the citizens or
subjects of the country at war
with the Philippines (Thus, the
NPA, being Filipinos, are not
considered enemies for
purposes of treason).
• “Enemy” in Article 114 is a foreign
country (U.S. v. Lagnayon; March 28,
1904) for this article treats of
circumstances of war. It CANNOT refer
to rebels under Article 135 on rebellion
and insurrection, which are acts against
the government by its own citizens.
NOTE: Both adhering and giving aid must
concur to become treason.
TWO WAYS TO PROVE TREASON:
1. TWO-WITNESS RULE
It is also called “severely restrictive rule.”
This requires testimony of two (2) witnesses
to the same overt act of giving aid or comfort.
• If the overt act is separable, there must
be two witnesses to each part thereof.
• The testimonies must corroborate each
other to the same act.
• The testimonies must be direct evidence,
not mere circumstantial evidence.
• The defendant should be acquitted if
only one of two witnesses is believed by
court.
Reason: The special nature of the crime of
treason requires that the accused be
afforded special protection not required in
other cases to avoid miscarriage of justice.
2. CONFESSION OF GUILT
It must be made in open court (Article 114,
par. 2; see also Sec. 4, Rule 133, ROC).
NOTES:
• Extrajudicial confession or confession
made before the investigators is NOT
sufficient to convict a person of treason.
• The confession requires a confession of
guilt. It means pleading guilty in open
court that is, before the judge while
actually hearing the case. It is not only
an admission of facts made by the
accused in giving his testimony after a
plea of not guilty, from which admissions
of his guilt can be inferred (U.S. vs.
Magtibay; October 27, 1903).
92
 and to give them aid or comfort, proposes its
NOTES: comfort, and decide to execution to some
• Cruelty and ignominy are aggravating commit it (Articles 8 other person or
circumstances in treason. and 114). persons (Articles 8 and
114).
• Evident premeditation, treachery and
superior strength are inherent in treason and ELEMENTS OF CONSPIRACY: W A D
therefore, not aggravating circumstances in 1. There is war in which Philippines is involved;
treason. 2. At least two persons come to an agreement
to:
• Murder and physical injuries were inherent in (a) Levy war against the government; or
the crime of treason characterized by the (b) Adhere to the enemies by giving them
giving of aid and comfort to the enemy aid or comfort.
(People vs. Prieto; January 29, 1948). 3. They decide to commit it.

• There can be no treason through negligence. ELEMENTS OF PROPOSAL: War D’ Pro

The overt act of aid and comfort must be 1. There is war in which Philippines is involved.
intentional, as distinguished from merely 2. The accused has decided to:
negligent or undersigned ones (Cramer vs. (a) Levy war against the government; or
U.S.; April 23, 1945). (b) Adhere to the enemies by giving them
aid or comfort.
DEFENSES IN TREASON: 3. He proposes its execution to some other
• Duress; and person or persons.
• Lawful obedience to a de facto government.
NOTES:
NOTE: However, the defenses of suspended • The proposal must NOT be accepted, for the
allegiance, change of sovereignty, or loss of moment the proposal is accepted, there now
citizenship are NOT acceptable because becomes a conspiracy.
sovereignty is not suspended in times of war. • What the law punishes is the mere proposal
What is suspended is only the exercise thereof. to commit treason. The acceptance of the
Hence, the allegiance of a citizen is not proposal is NOT necessary (Estrada, supra.).
abrogated by the enemy occupation.
• No proposal to commit treason where:
TREASON REBELLION (a) Person who proposes to commit treason
Levying of war must The levying of war by has not decided to commit the felony;
be in collaboration civil uprising without (b) There is no decided concrete proposal;
with a foreign enemy. any intention of or
helping an external (c) It is not the execution of treason which
enemy. was proposed.
It is a crime against It is a crime against NOTE:
national security. public order.
• The two-witness rule does NOT apply to
conspiracy or proposal to commit treason,
ARTICLE 115: because this is a separate and distinct
CONSPIRACY AND PROPOSAL offense from that of treason. (U.S. vs.
TO COMMIT TREASON Bautista; November 3, 1906).

CONSPIRACY PROPOSAL • The crime of treason is already

It is committed when in It is committed when in consummated the moment the proposal or
time of war, two or time of war, a person conspiracy to commit treason is accepted.
more persons come to who has decided to The conspiracy or proposal is then
an agreement to levy levy war against the considered merely as means in the
war against the Government or to commission thereof.
Government or to adhere to the enemies
adhere to the enemies and to give them aid or ARTICLE 116:

93
 MISPRISON OF TREASON
ELEMENTS: A K Co
1. The offender must be owing allegiance to
the government and not a foreigner.
2. He has knowledge of any conspiracy (to
commit treason) against the government.
3. He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province or the
mayor or fiscal of the city which he resides.
NOTES:
• Misprision of treason is a separate and
distinct offense from the crime of treason.
• Misprision of treason CANNOT be
committed by foreigners or resident aliens.
• Article 116 does NOT apply when the crime
treason is already committed by someone
and the accused does not report its
commission to the proper authority.
• Article 116 is an exception to the rule that
“mere silence does not make a person
criminally liable.”
• The penalty imposed for misprision of
treason is equivalent to that of an
accessory to the crime of treason. BUT, this
does not mean that offender is, legally
speaking, an accessory to the crime of
treason, because he is already a principal
in the crime of misprision of treason. It
simply means that the penalty imposed is
that of an accessory to the crime of treason.
• Exemption by relationship under Article 20
does NOT apply in misprision of treason.
Whether the conspirators are parents or
children, and the ones who learn of the
conspiracy is a parent or child, they are still
required to report the same.
Reason: Love of country is superior to
blood relationship. Article 20 applies only to
accessories, but persons charged of
misprision of treason are principals, not
accessories.
• The report can be made to any person in
authority having equivalent jurisdiction to
that of a governor or fiscal of the province
or the mayor or fiscal of the city or
municipality where the person who should
make the report resides.
ARTICLE 117:
ESPIONAGE
Espionage is the offense of gathering,
transmitting, or losing information with respect
to the national defense, with intent or reason to
believe that the information is to be used to the
injury of the Republic of the Philippines or to the
advantage of any foreign nation.
NOTE: There is no such crime as attempted
espionage of frustrated espionage.
TWO WAYS OF COMMITTING ESPIONAGE:
1. By ENTERING, WITHOUT AUTHORITY, a
warship, fort, or naval or military
establishment or reservation to OBTAIN
any information, plans, photographs or
other data of a confidential nature
relative to the DEFENSE of the
Philippines.
ELEMENTS: E N O
1. Offender enters any of the places
mentioned above;
2. He has no authority therefor; and
3. His purpose is to obtain any
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines
NOTES:
• Under the first mode the offender is any
person, whether a citizen or a foreigner,
private individual or a public officer.
• It is not necessary that the information,
etc. is obtained. It is sufficient that he
has the purpose to obtain any of them
when he entered a warship, fort or
naval or military establishment.
2. By DISCLOSING to the
REPRESENTATIVE of a FOREIGN
NATION the contents of the articles, data
or information referred to in paragraph
no. 1 of Article 117, which he had IN HIS
POSSESSION by reason of the public
office he holds.
94
ELEMENTS: PP D
1. Offender is a public officer;
2. He has in his possession the articles, data
or information referred to in par. 1, Article
117 by reason of the public office he holds;
and
3. He discloses their contents to a
representative of a foreign nation.
COMMONWEALTH ACT NO. 616
(An Act to Punish Espionage and Other
Offenses against National Security)
OTHER ACTS OF ESPIONAGE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense (Section 1);
2. Unlawful disclosing information affecting
national defense (Section 2);
3. Disloyal acts or works in time of peace
(Section 3);
4. Disloyal acts or words in time of war
(Section 4);
5. Conspiracy to violate preceding sections
(Section 5);
6. Harboring or concealing violators of the law
(Section 6);
7. Photographing, etc., from aircraft (Sec. 7);
8. Reproducing, publishing, selling, etc.,
uncensored copies (Section 10);
9. Destroying or injuring or attempting to injure
or destroy war material in time of war
(Section 11);
10. Injuring or destroying national defense
material, premises, or utilities (Section 13)
11. Making or causing to be made in a
defective manner, or attempting to make or
cause to be made in a defective manner,
national defense material (Section 14).
NOTE: Espionage is a crime NOT conditioned
by the citizenship of the offender (Santos vs.
Misa; March 28, 1946). This is also true as
regards treason, in view of the amendment to
Article 114.
ARTICLE 118:
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ELEMENTS: P Pro
1. The offender performs unlawful or
unauthorized acts; and
2. The acts provoke or give occasion for a war
involving or liable to involve the Philippines
or expose Filipino citizens to reprisals on
their persons and property
NOTES:
• Inciting to war or giving motives for reprisals
is committed in times of peace.
• The intention of the offender is immaterial.
The law considers the effects produced by
the acts of the accused.
• The penalty is higher when committed by a
public officer or employee.
REPRISAL
It is any kind of forcible or coercive measure
whereby one State seeks to exercise a deterrent
effect or to obtain redress or satisfaction, directly
or indirectly, for consequences of the illegal acts
of another State which has refused to make
amends for such illegal conduct.
Reprisal is resorted to for the purpose of settling
a dispute or redressing a grievance without going
to war. Reprisals are not limited to military action.
It could be economic reprisals or denial of entry
into their country.
Examples:
• Raising, without sufficient authorization, of
troops within the Philippines for the service of
a foreign nation against another nation
• Public destruction of the flag or seal of a
foreign state or the public manifestations of
hostility to the head or ambassador of
another state
ARTICLE 119:
VIOLATION OF NEUTRALITY
ELEMENTS:
1. There is a war in which the Philippines is not
involved.
2. There is a regulation issued by a competent
authority for the purpose of enforcing
neutrality.
3. Offender violates such regulation.
Neutrality subsists where a nation or power
takes no part in a contest of arms going on
between others. It is a status created under
international law, by means of a stand on the part
of a state not to side with any of the parties at
war.
95

Basis: The Philippines does not have any
intention to side with or be against any of the
warring countries.
ARTICLE 120:
CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS: War Co (PCN)
1. It is made during a war in which the
Philippines is involved.
2. Offender makes correspondence with an
enemy country or territory occupied by the
enemy troops.
3. The correspondence is either:
(a) Prohibited by the government;
(b) Carried on in ciphers or conventional
signs; or
(c) Containing notice or information which
might be useful to the enemy.
NOTES:
• Correspondence is communication by
means of letters; or it may refer to the letters
which pass between those who have friendly
or business relations.
• The correspondence contemplated in this
article is addressed to officials of the enemy
country, not those for private individuals
therein.
• Even if the correspondence contains
innocent matters, if the correspondence is
prohibited by the government, it is
punishable because of the possibility that the
information useful to the enemy might be
revealed unwittingly.
• Prohibition by the government is NOT
essential in pars. 2 (ciphers, etc.) and 3
(information that might be useful to the
enemy).
Circumstances Qualifying the Offense
The following must concur together:
1. The notice or information might be useful to
the enemy; and
2. The offender intended to aid the enemy.
NOTE:
• If the offender intended to aid the enemy of
giving such notice or information, the crime
amounts to treason; hence, the penalty is the
same as that of treason.
PROBLEM:
Japan invaded the Philippines. Bataan had fallen
in the hands of Japanese soldiers. The Philippine
government prohibited communication or
correspondence with any person in Bataan. X
writes to Y who is in Bataan. Is X liable for
correspondence with a hostile country?
ANSWER:
Yes. The implication is that when a person
communicates with another in an enemy country
or territory occupied by the enemy, information
useful to the enemy might be passed or
transmitted (Estrada, supra.).
ARTICLE 121:
FLIGHT TO ENEMY’S COUNTRY
ELEMENTS: W A A P
1. There is a war in which Philippines is
involved;
2. The offender must be owing allegiance to the
government;
3. The offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.
NOTES:
• Allegiance contemplated in this article is
either permanent or temporary allegiance.
Hence, it can be committed by an alien
resident.
• Mere attempt to flee or go to enemy country
consummates the crime.
• There must be prohibition by competent
authority. If there is none, even if one went to
an enemy country, there is no crime.
ARTICLE 122:
PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS OR IN PHILIPPINE WATERS
PIRACY
It involves robbery or forcible depredation on the
high seas, without lawful authority and done with
animus furandi (intention to steal) and in the spirit
and intention of universal hostility.
96
THREE KINDS OF PIRACY: found or arrested. The jurisdiction of piracy,
1. Piracy under Article 122 (NOTE: The situs of unlike all other crimes, has no territorial limit.
piracy under Article 122 is in Philippine
waters or on the high seas, whether the • Piracy is an exception to the rule on
vessel is anchored or moving); territoriality in criminal law. The same
2. Piracy in Philippine waters (P.D. 532, as principle applies even if offenders were
amended by R.A. 7659); and charged not with a violation of qualified
3. Air piracy (R.A. 6235). piracy under the Code but under a special
law, P.D. 532 which penalizes piracy in
ELEMENTS OF PIRACY (Article 122): Philippine waters. (People v. Catantan;
1. A vessel is on the high seas or in Philippine 1997).
waters;
2. The offenders are not members of its NOTE: See discussion on Anti-Piracy and Anti-
complement or passengers of the vessel; Highway Robbery Law (P.D. 532) under the
3. The offenders (a) attack or seize that vessel; Special Penal Laws.
OR (b) seize the whole or part of the cargo of
said vessel, its equipment or personal
PIRACY under PIRACY under Article
belongings of its complement or passengers.
P.D. 532 122
4. There is intent to gain.
Culprit is any person Pirates are not crew
ELEMENTS OF PIRACY (Sec. 2(d), P.D. 532): and includes the crew members or
1. Any attack upon or seizure of any vessel, or members or passengers; they are
the taking away of the whole or part thereof passengers. ‘outsiders’
or its cargo, equipment, or the personal The situs is Philippine The situs includes the
belongings of its complement or passengers, waters. high seas and
irrespective of the value thereof. Philippine waters.
2. The attack, seizure, or taking was committed There is legal There is no
by means of violence against or intimidation presumption of presumption of abetting
of persons or force upon things. abetting brigandage and abettors are
3. Offender can be any person, including a
and the abettors are accessories, unless
passenger or member of the complement of penalized as charged as principal for
said vessel. accomplices. fencing, the essence of
4. The vessel is in Philippine waters. piracy being robbery.
TWO MODES OF COMMITTING PIRACY: Qualifying Qualifying
1. By attacking or seizing a vessel on the high circumstances include circumstances are
seas or in Philippine waters; and crimes other than limited to murder,
2. By seizing in the vessel while on the high murder, homicide, homicide, rape, and
seas or in Philippine waters the whole or part rape, and physical physical injuries
of its cargo, its equipment or personal injuries. besides abandonment
belongings of its complement or passengers. of victims and firing
upon or boarding
NOTES: vessel.
• “High seas” means any waters on the sea
coast which are without the boundaries of the MUTINY
low water mark although such waters may be
in the jurisdictional limits of a foreign Mutiny is the unlawful resistance to a superior
government, parts of the sea that are not officer, or the raising of commotions and
included in the exclusive zone, in the disturbances aboard a ship against the authority
territorial seas, or in the internal waters of a of its commander.
state, or in the archipelagic waters of an
archipelagic state. (UNCLOS). In People vs. Baruga, mutiny was defined as
consisting in attempts to usurp the command of
• Jurisdiction over piracy committed in the high the vessel from the master, or to deprive him in
seas is with any court where offenders are free and lawful exercise of his authority; the
overthrowing of the legal authority of the master,

97
with intent to remove him, against his will, and passengers or on the complement of the
the like. (Sandoval, supra., p. 106 citing vessel.
Philippine Law Dictionary by Moreno, p. 614).
• Any person who hides or protects pirates, or
PIRACY MUTINY abets the commission thereof shall be
The persons who The persons who considered an accomplice.
attack the vessel or attack the vessel or
seize its cargo are seize its cargo are QUALIFIED MUTINY
strangers to said members of the
vessel. complement of the Although Article 123 merely refers to qualified
vessel or passengers. piracy, there is also a crime of qualified mutiny.
The essence of The offense is
piracy is robbery: it is committed by refusal Mutiny is qualified by the following
committed by to commander’s circumstances:
attacking or seizing of orders. 1. When the offenders abandoned the victims
the vessel or stealing. without means of saving themselves;
2. When mutiny is accompanied by rape,
Intent to gain is The offenders may murder, homicide or physical injuries.
essential. only intend to ignore
the ship’s officer or
NOTE: See discussion on the Anti-Hijacking
they may be prompted
Law (R.A. 6235) and on the Human Security
by a desire to commit
Act (R.A. 9372) under Special Penal Laws.
plunder. There is no
criminal intent.

NOTE: Under R.A. 9372 (Human Security Act), a

person who commits an act punishable as piracy
and mutiny under Article 122 thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
terrorism.

ARTICLE 123:
QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCES:
1. Whenever they have seized a vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves;
or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
(Section 3, R.A. 7659).

PENALTY: Reclusion perpetua to death

NOTES:
• Qualified Piracy is a special complex crime
punishable by reclusion perpetua to death,
regardless of the number of victims.
• The murder, homicide, physical injuries, or
rape must have been committed on

98
 TITLE TWO:
CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE STATE
ARTICLES CRIMES
124 Arbitrary detention
125 Delay in the delivery of detained
persons to the proper judicial
authorities
126 Delaying release
127 Expulsion
128 Violation of domicile
129 Search warrants maliciously
obtained and abuse in the service
of those legally obtained
130 Searching domicile
without witnesses
131 Prohibition, interruption and
dissolution of peaceful meetings
132 Interruption of religious worship
133 Offending the religious feelings
Crimes under this title are called crimes against
the fundamental law of the State because they
violate certain provisions of the Bill of Rights
(Article III, 1987 Constitution).
GENERAL RULE:
Offenders under this title are public officers only.
EXCEPTION:
In Article 133 (offending the religious feelings),
private individuals may also be punished herein
when they conspire with public officers.
ARBITRARY DETENTION IN GENERAL
Arbitrary detention is committed by a public
officer who detains a person without legal
ground.
CLASSES OF ARBITRARY DETENTION:
1. Arbitrary detention by detaining a person
without legal ground (Article 124);
2. Delay in the delivery of detained persons to
the proper judicial authorities (Article 125);
and
3. Delaying release (Article 126).
NOTE: The penalties for the three classes of
arbitrary detention are the same, as provided in
Article 124.
DETENTION
A person is detained when he is placed in
confinement or there is a restraint on his person
(U.S. vs. Cabanag; March 16, 1907).
• Detention need not involve physical restraint.
Psychological restraint is sufficient.
“If the act and actuations of the accused can
produce such fear in the mind of the victim
sufficient to paralyze the latter, to the extent
that the victim is compelled to limit his own
actions and movements in accordance with
the wishes of the accused, then the victim is,
for all intents and purposes, detained against
his will.” (Astorga vs. People; October 1,
2003).
PROBLEM:
A, who was said to have been involved in
numerous cases of cellphone snatching, was
arrested by police while standing in a
sidewalk. When in the station, the
investigating officer was not present. The
police let A go and told him to come back for
if not, he will be killed when they see him. A,
from time to time, came back to the station
but the investigating officer was still on leave.
Can the police be held liable for arbitrary
detention? If not, what crime was committed?
ANSWER:
NO. There was no actual detention depriving
A of his liberty. The fact that he always goes
back was due to the threats made to him;
thus, the police here may be held liable for
grave threats instead.
PROBLEM:
Using the same set of facts as the previous
question, what if A, who was then under
investigation, was forced to confess on the
crime of cellphone snatching but he
nonetheless refused and he was released
after 2 hours of prodding and questioning?
Are the police liable for arbitrary detention? If
not, what crime was committed?
ANSWER:
NO. There is no actual restraint against A's
liberty. However, A was compelled to do
something against his will – thus, the officers
are liable for grave coercion.
99
What Constitutes “Absence of Legal person.
Ground”: Civilians cannot
(a) No crime was committed by the detained; commit the crime of But a public officer
(b) There is no violent insanity of the detained; arbitrary detention can commit this
and except when they crime when he is
(c) The person detained has no ailment which conspire with a public acting in a private
requires compulsory confinement in a officer, or become an capacity or beyond
hospital. accomplice or the scope of his
accessory to the crime official duty, or when
ARTICLE 124: committed by the he becomes an
ARBITRARY DETENTION public officer; and the accomplice or
offender who is a accessory to the
ELEMENTS: P W D public officer has a crime committed by a
1. Offender is a public officer/employee vested duty which carries with private person.
with authority to detain or order detention. it the authority to
2. He detains a person detain a person. The offender, even if
3. Detention is without legal grounds he is a public officer,
does not include as
GENERAL RULE: his function the
The offender must be a public officer to be held power to arrest and
liable for arbitrary detention. The public officer detain a person,
must be vested with authority to detain or order unless he conspires
the detention of persons accused of a crime, but with a public officer
when they detain a person they have no legal committing arbitrary
grounds therefor. detention.

EXCEPTION: The crime is ILLEGAL DETENTION where:

A private individual who conspired with public 1. The detention is perpetrated by public
officers in detaining certain policemen are guilty officers without authority to detain a person;
of arbitrary detention (People vs. Camerino; or
December 14, 1956). 2. The offender is a private individual.

PERIODS PENALIZED: Arbitrary Detention vs. Unlawful Arrest

(a) Not exceeding 3 days ARBITRARY UNLAWFUL
(b) More than 3 days but not more than 15 days DETENTION ARREST
(c) More than 15 days but not more than 6
months Offender is public Offender can be any
(d) Exceeding 6 months. officer possessed person.
with authority to
The law does NOT fix any minimum period of make arrests.
detention. In the case of U.S. vs. Braganza The main reason for The purpose is to
(February 3, 1908), a councilor and a barrio detaining the deliver the victim to
lieutenant were convicted of arbitrary detention, offended party is to proper authorities but
even if the offended party was detained for less deny him of his the arrest is not
than half an hour. liberty. authorized by law or
there is no reasonable
NOTE: The crime of arbitrary detention can be ground therefor.
committed through imprudence (People vs. Misa,
C.A.; 36 O.G. 3496). NOTE: As regards unlawful arrest, when a
person is unlawfully arrested, his subsequent
Arbitrary Detention vs. Illegal Detention detention is without legal grounds.
ARBITRARY ILLEGAL
DETENTION DETENTION ARTICLE 125:
DELAY IN THE DELIVERY OF DETAINED
The offender must be The principal
PERSONS TO THE PROPER
a public officer. offender is a private

100
 JUDICIAL AUTHORITIES
ELEMENTS: P D F (12–18–36)
1. Offender is a public officer/employee
2. He detained a person for some legal ground
3. Failure to deliver such person to the proper
judicial authorities within:
(a) 12 hours for crimes punishable by light
penalties or their equivalent;
(b) 18 hours for crimes or offenses
punishable by correctional penalties or
equivalent; and
(c) 36 hours for crimes or offenses
punishable by afflictive or capital
penalties or their equivalent.
NOTE: The continued detention of the
accused becomes illegal upon the expiration
of such periods without delivering the
detainee to the corresponding judicial
authorities (Agbay vs. Ombudsman; July 2,
1999).
NOTES:
• Article 125 applies to persons arrested for
violating BOTH the RPC and special laws
because of the phrase “or their equivalent”
referring to the duration of the grave, less
grave or light felonies.
• The 12–18–36 hours do NOT run when the
courts are not open to receive the complaint
or information.
• “Deliver” means the filing of correct
information with the proper court (or
constructive delivery – turning over the
person arrested to the jurisdiction of the
court).
The delivery to the proper judicial authority of
a person arrested without warrant by a peace
officer, does not consist in a physical
delivery, but in making an accusation or
charge or filing of an information against the
person arrested with the corresponding court
or judge, whereby the latter acquires
jurisdiction to issue an order of release or of
commitment of the prisoner, because the
arresting officer cannot transfer to the judge
and the latter does not assume the physical
custody of the person arrested (Sayo vs.
Chief of Police of Manila; May 12, 1948).
As a general rule, the prosecutor will not be
responsible for violation of said Article 125
because he is not the one who has arrested
and illegally detained the person arrested,
unless he has ordered or induced the
arresting officer to hold and not release the
prisoner after the expiration of said period
(Sayo vs. Chief of Police of Manila; May 12,
1948).
• “Detain any person for some legal
ground” means that the detention is legal in
the beginning, because the person detained
was arrested under any of the circumstances
where arrest without warrant is authorized by
law. The detention becomes illegal after a
certain period of time, because the offended
party is not delivered to the proper judicial
authority, within the periods specified by
Article 125.
• “Proper judicial authorities” means the
courts of justice, or said courts vested with
judicial power to order the temporary
detention or confinement of a person
charged with having committed a public
offense, that is, the Supreme Court and such
inferior courts as may be established by the
law.
PROBLEM:
X was caught in flagrante delicto of illegal
possession of firearm, an SPL. Does Article 125
apply to violations of SPL?
ANSWER:
YES.The text of Article 125 allows for its
application with regard to laws imposing
penalties equivalent to light, correctional, or
afflictive penalties (in text: "...or their equivalent").
PROBLEM:
X was arrested on Saturday afternoon and was
placed behind bars. Come Monday, no courts
were open as that day happened to be a special
non-working holiday. The case against A was
filed early Tuesday morning. Are the officers here
liable for arbitrary detention?
ANSWER:
NO. DOJ Department Circular 050, s. 2012
provides that Article 125 refers to working hours
when the courts are open to receive the
information.
101
Circumstances considered in determining the
liability of the officer detaining a person
beyond the legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of the
surrender and the material possibility for the
fiscal to make the investigation and file in
time the necessary information.
Waiver of the Article 125 Provisions:
1. Under the Revised Rules of Court, if the
person arrested without a warrant opts to
avail of his right to preliminary investigation,
he should waive his rights, with the
assistance of counsel, in writing under Article
125.
2. If he does not want to waive this in writing,
the arresting officer will have to comply with
Article 125 and file the case immediately in
court without preliminary investigation. In
such case, the arrested person, within five
(5) days after learning that the case has
been filed in court without preliminary
investigation, may ask for one. The public
officer who made the arrest will no longer be
liable for violation of Article 125.
RIGHTS OF THE PERSON DETAINED:
1. To be informed of the cause of his detention
2. To be allowed, upon his request, to
communicate and confer at any time with his
counsel
NOTES:
• The period stated in Article 125 does NOT
include nighttime.
• Article 125 applies ONLY when the arrest is
made without warrant of arrest. But, the
arrest must be lawful. If the arrest is made
with a warrant of arrest, the person arrested
can be detained indefinitely until his case is
decided by the court or he posts bail for his
temporary release. The reason for this is that
there is already a complaint or information
filed against him with the court which issued
the order or warrant of arrest and it is not
necessary to deliver the person thus arrested
to that court.
• Under R.A. 857, a public officer or employee
is liable for preventing the exercise of the
right of attorneys to visit and confer with
persons arrested.
Basis: to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on bail.
ARTICLE 126:
DELAYING RELEASE
PUNISHABLE ACTS:
1. Delaying the performance of a judicial or
executive order for the release of a prisoner
2. Unduly delaying the service of the notice of
such order to said prisoner
3. Unduly delaying the proceedings upon any
petition for the liberation of such person
ELEMENTS: P O D
1. Offender is a public officer or employee;
2. There is a judicial or executive order for the
release of a prisoner or detention prisoner, or
that there is a proceeding upon a petition for
the liberation of such person; and
3. Offender without good reason delays:
(a) Service of the notice of such order to the
prisoner;
(b) Performance of such judicial or executive
order for the release of the prisoner; or
(c) Proceedings upon a petition for the
release of such person.
NOTE: The public officers who are most likely to
commit the offense penalized in Article 126 are
the wardens and peace officers temporarily in
charge of prisoners or detained persons.
NOTES in re HUMAN SECURITY ACT:
• Any police or law enforcement personnel,
who, having been duly authorized in writing
by the Anti-Terrorism Council, has taken
custody of a person charged with or
suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism shall,
without incurring any criminal liability for
delay in the delivery of detained persons to
the proper judicial authorities, deliver said
charged or suspected person to the proper
judicial authority within a period of three (3)
days counted from the moment said charged
or suspected person has been apprehended
or arrested, detained, and taken into custody
by the said police, or law enforcement
personnel: Provided, that the arrest of those
suspected of the crime of terrorism or
conspiracy to commit terrorism must result
from the surveillance under Section 7 and
examination of bank deposits under Section
27 of this Act. (Section 18, R.A. 9372).
102

• In the event of an actual or imminent terrorist
attack, suspects may not be detained for
more than three (3) days without the written
approval of a municipal, city, provincial or
regional official of a Human Rights
Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a
justice of the Court of Appeals nearest the
place of the arrest. (Section 19, R.A. 9372).
• If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the
arresting police or law enforcement
personnel shall bring the person thus
arrested to the residence of any of the
officials mentioned above that is nearest the
place where the accused was arrested.
(Section 19, R.A. 9372).
ARTICLE 127:
EXPULSION
PUNISHABLE ACTS:
1. Expelling a person from the Philippines; and
2. Compelling a person to change his
residence.
ELEMENTS: P E N
1. The offender is a public officer or employee;
2. He expels any person from the Philippines,
or compels a person to change his
residence; and
3. The offender is not authorized to do so by
law.
NOTES:
• This article does NOT apply in cases of
ejectment, expropriation or when penalty
imposed is destierro.
• The trial court judge has no authority to expel
any person from the Philippines, only the
President of the Philippines is authorized to
deport aliens. Trial court judge has the
authority to compel any person to change his
residence upon final judgment or order only.
• In the case of Villavicencio vs. Lukban
(March 25, 1919), the police chief of Manila
upon order of the city mayor to get rid of
prostitution hauled the prostitutes from their
places of residence and deported them to
Davao. They were found guilty of expulsion.
• If the punishable acts are committed by a
private person, the crime committed is
coercion.
ARTICLE 128:
VIOLATION OF DOMICILE
PUNISHABLE ACTS:
1. Entering any dwelling against the will of the
owner thereof; or
NOTE: The offender’s entry must be over the
owner’s objection, express or implied.
2. Searching papers or other effects found
therein without the previous consent of such
owner; or
NOTE: Mere lack of consent is sufficient.
3. Refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
ELEMENTS COMMON TO THREE ACTS:
1. The offender is a public officer or employee
authorized to implement a search warrant or
warrant of arrest;
2. He is not authorized by judicial order to enter
the dwelling and/or to make a search therein
for papers or other effects.
NOTE: Not being authorized by judicial order
means a public officer or employee has no
search warrant.
NOTES:
• Violation of domicile is committed by a public
officer authorized to implement a search
warrant or warrant of arrest but at the time of
incident, he is not armed with warrant.
• If the public officer is not authorized to
execute search warrants and warrants of
arrest, or is a private person, the crime
committed is qualified trespass to dwelling.
• If the offender who enters the dwelling
against the will of the owner thereof is a
private individual, the crime committed is
trespass to dwelling.
103
• “Against the will of the owner” presupposes
opposition or prohibition by said owner
whether express or implied.
When one voluntarily submits to a search or
consents to have it made upon his person or
premises, he is precluded from later
complaining thereof.
Silence of the owner of the dwelling before
and during the search, without search
warrant, by a public officer, may show
implied waiver.
• “Having surreptitiously entered said dwelling”
is an instance where a public officer or
employee may commit violation of domicile.
But, what constitutes the crime is the refusal
of the offender to leave the premises when
required to do so – NOT the entrance into
the dwelling.
QUALIFYING CIRCUMSTANCES:
1. Offense is committed at nighttime; or
2. Any papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender.
ARTICLE 129:
SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
PUNISHABLE ACTS:
1. Public officer or employee procures a search
warrant without just cause.
ELEMENTS:
(a) Offender is a public officer or employee;
(b) He procures a search warrant;
(c) There is no just cause.
TEST FOR LACK OF JUST CAUSE:
Whether the affidavit filed in support of the
application for search warrant has been
drawn in such a manner that perjury could be
charged thereon and affiant be held liable for
damages caused.
NOTE:Perjury (or any other crime) may NOT
be complexed with the crime of search
warrant maliciously obtained. They are
separate and distinct crimes to be punished
with their respective penalties because of the
phrase “in addition to the liability attaching to
the offender for the commission of any other
offense.”
2. Public officer or employee exceeds his
authority or uses unnecessary severity in
executing a search warrant legally procured.
ELEMENTS:
(a) Offender is a public officer or employee;
(b) He legally procured a search warrant;
(c) He exceeds his authority or uses
unnecessary severity in executing the
search warrant.
NOTE:
Even if the search warrant is valid, violation
of domicile is still committed when:
(a) The officer exceeded his authority under
the search warrant;
(b) The searching officer employed
excessive severity or destruction in the
house; and
(c) The search was made when the
occupants were absent and the search is
conducted without at least two witnesses
who must come within the locality where
the search was made (punished under
Article 130).
SEARCH WARRANTS
It is an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein
and bring it before the court (Sec. 1, Rule 126,
ROC).
PERSONAL PROPERTIES TO BE SEIZED:
1. Those that are subject of the offense;
2. Those that are stolen or embezzled and
other proceeds or fruits of the offense; or
3. Those used or intended to be used as the
means of committing an offense (Sec. 3,
Rule 126, ROC).
LIFESPAN OF SEARCH WARRANT:
A search warrant shall be valid for ten (10) days
from its date of issuance. Thereafter, it shall be
void (Sec. 10, Rule 126, ROC).
ARTICLE 130:
SEARCHING DOMICILE WITHOUT WITNESS
ELEMENTS: P S S O
1. The offender is a public officer or employee;
104
2. He is armed with search warrant legally
procured;
3. He searches the domicile, papers or other
belongings of any person;
4. The owner or any member is his family, or
two witnesses residing in the same locality
are not present.
ORDER OF THOSE WHO MUST WITNESS:
1. Homeowner;
2. Members of the family of sufficient age and
discretion; and
3. Responsible members of the community.
NOTES:
• “Where search is proper” means that the
public officer at the time of the search is
armed with a search warrant legally
procured.
• The papers or other belongings must be in
the dwelling of their owner at the time the
search is made.
• Article 130 does NOT apply to searches of
vehicles or other means of transportation.
ARTICLE 131:
PROHIBITION, INTERRUPTION,
DISSOLUTION OF PEACEFUL MEETINGS
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting, or
by dissolving the same.
ELEMENTS FOR ACT 1:
(a) The meeting must be peaceful; and
(b) There is no legal ground for prohibiting,
or interrupting or dissolving that meeting.
2. Hindering any person from joining any lawful
association or from attending any of its
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.
COMMON ELEMENTS:
1. Offender is a public officer or employee; and
2. He performs any of the punishable acts.
NOTES:
• Only a public officer or employee can commit
this crime. If the offender is a private
individual, the crime is disturbance of public
order under Article 153.
• The government has a right to require a
permit before any gathering could be made.
Any meeting without a permit is a proceeding
in violation of the law. That being true, a
meeting may be prohibited, interrupted, or
dissolved without violating Article 131, RPC.
If the permit is denied arbitrarily, Article 131
is violated. If the officer would not give the
permit unless the meeting is held in a
particular place which he dictates defeats the
exercise of the right to peaceably assemble,
Article 131 is violated.
• When the meeting to be held is not peaceful,
there is a legal ground in prohibiting it.
• The right to peaceably assemble is NOT
absolute and may be regulated.
CRITERIA:
1. Dangerous Tendency Rule
It is applicable in times of national unrest
such as to prevent coup d’état.
2. Clear and Present Danger Rule
It is applied in times of peace.
NOTE: There is no legal ground to prohibit the
holding of a meeting when the danger
apprehended is not imminent and the evil to be
prevented is not a serious one.
ARTICLE 131 ARTICLE 287
Crime against the Crime against personal
fundamental laws of liberty and security.
the state.
Offender must be a Offender is a participant
stranger. in the peaceful meeting.
NOTE: Interrupting and dissolving the meeting of
municipal council by a public officer is a crime
against a legislative body, not punished under
Article 131.
ARTICLE 131 ARTICLE 153
As to the participation of the public officer
The public officer is If the public officer is a
NOT a participant. As participant of the
105
far as the gathering is assembly and he (a) Violence, or
concerned, the public prohibits, interrupts, or (b) Threat.
officer is a third party. dissolves the same,
Article 153 is violated if ARTICLE 133:
the same is conducted OFFENDING RELIGIOUS FEELINGS
in a public place.
As to the essence of the crime ELEMENTS: PC N
In Article 131, the In Article 153, the 1. The acts complained of were performed:
offender must be a offender need not be a (a) In a place devoted to religious worship
public officer and, public officer. The (not necessary that there is religious
without any legal essence of the crime is worship);or
ground, he prohibits, that of creating a (b) During the celebration of any religious
interrupts, or dissolves serious disturbance of ceremony.
a peaceful meeting or any sort in a public
assembly to prevent office, public building or NOTE:Religious ceremonies are those
the offended party even a private place religious acts performed outside of a church
from exercising his where a public function such as processions and special prayers for
freedom of speech is being held. burying dead persons.
and that of the
assembly to petition a 2. The acts must be notoriously offensive to the
grievance against the feelings of the faithful.
government.
NOTES:
• There must be a deliberate intent to hurt
ARTICLE 132:
the feelings of the faithful.
INTERRUPTION OF RELIGIOUS WORSHIP
• The acts must be directed against
ELEMENTS: P R P
religious practice or dogma or ritual for
1. Offender is a public officer or employee;
the purpose of ridicule, as mocking or
2. Religious ceremonies or manifestations of
scoffing at or attempting to damage an
any religion are about to take place or are object of religious veneration.
going on; and
3. Offender prevents or disturbs the same.
• Offense to feelings is judged from the
complainant’s point of view.
NOTES:
• To be guilty under either Articles 131 or 132,
• If the act is directed to the religious belief
the public officer must NOT be a participant
and is notoriously offensive, the crime is
in the meeting or religious ceremony,
violation of religious feelings. Otherwise,
otherwise, his liability would fall under
it is only unjust vexation.
Articles 153 or 155 as the case may be.
• “Notoriously offensive” means that the
• Article 132 refers to the exercise of religious
act is offensive from the point of view of
ceremonies or manifestations.
any religion. If it is offensive to a
th particular religion only, the offense is
Quasi-religious activities such as 40 day of
unjust vexation.
death commemoration are not included.
Interruption of such activity is unjust
vexation. PROBLEM:
An art exhibit by mixed media artist X was shown
• Persons who meet for the purpose of at the PICC where there was a picture of Jesus
religious worship, by any method which is not Christ with a penis and a condom attached to the
indecent or unlawful, have the right to do so face. Many Catholics said they were offended.
without being molested or disturbed (U.S. vs.
Balcorta; 1913). (a) Is this notoriously offensive?
(b) Is X liable under Article 133?
QUALIFYING CIRCUMSTANCES:

106
ANSWER: NOTE: See discussion on Anti-Torture Act
(a) YES. It was notoriously offensive as the act (R.A. 9745) under Special Penal Laws.
involved an object of veneration.

(b) NO. Although X performed acts notoriously

offensive to the feelings of the faithful, the PICC
is not a place of religious worship.

Article 132 Article 133

The offender must be The offender is any
a public officer or person including
employee. private individual.
A religious ceremony There is no need that
is about to take place a religious ceremony
or are going on. is about to take place
or are going on.
The acts committed The acts committed by
by the offender must the offender must be
not be notoriously notoriously offensive
offensive to the to the feelings of the
feelings of the faithful. faithful.

Comparison of Articles 131, 132, and 133

Article 131 Article 132 Article 133
As to nature of the crime
These are crimes against the It is a crime
fundamental law of the State. against
public order.
As to persons liable
Public officers or employees Any person

Crime if element is missing

Article 131 (a) If not by public officer:
tumults (Article 153)
Article 132 (a) If by insider: unjust vexation
(Article 287, par. 2)
(b) If not religious: tumults
(Article 153) or alarms
(Article 155)
(c) If not notoriously offensive:
unjust vexation (Article 287,
par. 2)
Article 133 (a) If not tumults: alarms and
scandals (Article 155)
(b) If meeting illegal at onset:
inciting to sedition (Article
142) or rebellion (Article 134)

107
 TITLE THREE: publication and unlawful
CRIMES AGAINST PUBLIC ORDER utterances
155 Alarms and scandals
ARTICLES CRIMES 156 Delivery of prisoners from jails
Chapter 1: Rebellion, Sedition and Disloyalty Chapter 6: Evasion of Service of Sentence
134 Rebellion or insurrection 157 Evasion of service of sentence
134-A Coup d'etat 158 Evasion of service of sentence on
136 Conspiracy and proposal to the occasion of disorder,
commit coup d'etat, rebellion or conflagrations, earthquakes, or
insurrection other calamities
137 159 Other cases of evasion of service
of sentence
137 Disloyalty of public officers or
employees 160 Commission of another crime
during service of penalty imposed
138 Inciting a rebellion or insurrection
for another offense
139 Sedition
141 Conspiracy to commit sedition ARTICLE 134:
142 Inciting to sedition REBELLION AND INSURRECTION
Chapter 2: Crimes against Popular
Representation ELEMENTS OF REBELLION: PTRBD
143 Act tending to prevent the 1. There be:
meeting of the Assembly and (a) Public uprising; and
similar bodies (b) Taking arms against the Government.
144 Disturbance of proceedings 2. The purpose of uprising or movements is
either:
145 Violation of parliamentary (a) To remove from the allegiance to said
immunity Government or its laws:
Chapter 3: Illegal Assemblies and (1) The territory of the Philippines or any
Associations part thereof; or
146 Illegal assemblies (2) Any body of land, naval or other
147 Illegal associations armed forces; OR
(b) To deprive the Chief Executive or
Chapter 4: Assault upon, and Resistance and
Congress, wholly or partially, of any of
Disobedience To, Persons In Authority
their powers or prerogatives.
and Their Agents
148 Direct assaults NATURE OF THE CRIME OF REBELLION:
149 Indirect assaults (a) The essence of rebellion is public uprising
150 Disobedience to summons issued with the taking up of arms. It requires a
by the Congress, its committees multitude of people. It aims to overthrow the
or subcommittees, by the duly constituted government. The crime can
Constitutional Commissions, its only be committed through force and
committees, subcommittees or violence.
divisions (b) It is a crime of masses or of a multitude. It is
a vast movement of men and a complex of
151 Resistance and disobedience to a
net intrigues and plots.
person in authority or the agents
(c) It is political in nature.
of such person
(d) Rebellion is a continuing offense.
Chapter 5: Public Disorders
153 Tumults and other disturbance of NOTES:
public orders; Tumultuous • Actual clash of arms with the forces of the
disturbance or interruption liable Government is NOT necessary to convict the
to cause disturbance accused who is in conspiracy with others
154 Unlawful use of means of actually taking arms against the government.

108
• Those merely acting as couriers or spies for times of war or peace. committed in times of
the rebels are also guilty of rebellion. war.
The levying of war The levying of war
• Purpose of the uprising must be shown. against the against the
Without evidence to indicate the motive or Government during Government would
purpose of the accused does not constitute peace time for any of constitute treason
rebellion. the purposes when performed to aid
mentioned in Article the enemy.
• It is NOT necessary that the purpose of 134 is rebellion.
rebellion be accomplished. The crime of It always involves It may be committed
rebellion is complete at the moment a group taking up arms against by mere adherence to
of rebels rise publicly and take arms against the Government. the enemy giving him
the Government for the purpose of aid or comfort.
overthrowing the same by force.
NOTE: Unlike in the crime of treason, the act of
• Rebellion is always in consummated stage.
giving comfort or moral aid is NOT criminal in the
There is no attempted or a frustrated stage.
case of rebellion.
• Mere silence regarding the presence of
Rebellion and Subversion Distinguished
rebels despite knowledge of rebellion is NOT
punishable. REBELLION SUBVERSION
It is a crime against It is a crime against
• The use of unlicensed firearm is absorbed in public order. national security.
the crime of rebellion if used in furtherance of There must public Being officers and
or incident to, or in connection with the crime uprising to overthrow ranking members of
of rebellion, or insurrection, or sedition. the Government. subversive groups
constitute subversion.
Normative and Subjective Elements It makes use of force Subversive acts do not
NORMATIVE SUBJECTIVE and violence. only constitute force and
ELEMENT ELEMENT violence but may
Rising publicly and Intent or purpose to partake of other forms.
taking arms against overthrow the
the government government NOTE: R.A. 7636 decriminalized subversion by
repealing expressly R.A. 1700.
REBELLION INSURRECTION
Rebellion vs. Sedition
Rebellion is more Insurrection is more
frequently used where commonly employed in REBELLION SEDITION
the object of the reference to a There must be taking It is sufficient that the
movement is movement which seeks up of arms against the public uprising be
completely to merely to effect some government. tumultuous.
overthrow and change of minor The purpose is always The purpose may be
supersede the existing importance, or to political. political or social.
government. prevent the exercise of
governmental authority Rebellion, When Considered as Terrorism
with respect to Under R.A. No. 9372, when act committed
particular matters of creates a condition of widespread and
subjects. extraordinary fear and panic among the
populace, in order to coerce the government to
Rebellion and Treason Distinguished give in to an unlawful demand shall be guilty of
REBELLION TREASON the crime of terrorism (Section 3).
It is a crime against It is a crime against
public order. national security. ARTICLE 134–A:
It can be committed in It can only be COUP D’ÉTAT

109
ELEMENTS: prerogatives.
1. The offender/s is/are a person or persons It is a crime of the It is sufficient that it is
belonging to the military or police or holding masses. It involves a committed by any
any public office or employment; multitude of people. military police or public
2. It is committed by means of a swift attack officer, with or without
accompanied by violence, intimidation, civilian support.
threat, strategy or stealth;
3. The attack is directed against duly It may be committed
constituted authorities of the Republic of the singly or collectively.
Philippines or any military camp or
It is carried out by It is carried out not only
installation, communication networks, public
means of force and by means of force and
utilities or other facilities needed for the
violence. violence but also threat,
exercise and continued possession of power;
strategy or stealth.
and
4. The purpose of the attack is to seize or Those who lead, Those who direct or
diminish State power. direct or command command the coup, as
rebellion as well as well as those in the
NOTE: The essence of coup d’état does not those participating in government service
involve any public uprising but only a swift attack the public uprising who participate and
against authorities by members of military or shall be held liable. any person not in
public officers. government who not
only participates but also
Who may commit coup d’état? finance, support,
(a) Only a person or persons who belong to aid or abet are liable
military or police or holding public office or
employment may be liable for this crime. PRINCIPLE OF ABSORPTION
(b) Any person not in the government service
who participates, or in any manner supports, POLITICAL CRIMES
finances, abets or aids in the undertaking of These are those directly aimed against the
coup d’état may also be held liable. political order, as well as such common crimes
as may be committed to achieve a political
MANNER OF COMMISSION: purpose. The decisive factor is the intent or
1. Violence; motive.
2. Intimidation;
3. Threat; RULE:
4. Strategy; or Political crimes absorb such common crimes as
5. Stealth. may be committed in furtherance of political
purposes.
Rebellion and Coup D’état Distinguished
REBELLION COUP D’ETAT NOTE: Absorption is NOT automatic. It must
Offender is any Offender must be be proven that the common crimes are
person. member of the PNP or committed in furtherance of political
AFP. purposes.
There is a public There is no need of HENCE:
uprising and/or taking public uprising/and or
• There is no complex crime of rebellion with
arms against the taking arms against the
murder and other common crimes. Acts
government. government; what is
committed in furtherance of rebellion though
important is that there is
crimes in themselves are deemed absorbed
a swift attack.
in one single crime of rebellion. It cannot be
Purpose is to remove Purpose is to seize or made a basis of a separate charge.
allegiance from the diminish state power.
government and/or • HOWEVER, if the killing, robbing, etc., during
deprive the Chief the rebellion, were done for private purposes
Executive of their or for profit, without any political motivation,
power or the crimes would be separately punished and

110
 would not be absorbed in rebellion.(People NOTE: In case the leaders are
vs. Geronimo; October 23, 1956). unknown, any person who in fact
directed the others, spoke for them,
NOTE: signed receipts and other
Under R.A. 8294, if the unlawful manufacture, documents issued in their name, or
sale, acquisition disposition or possession of performed similar acts, on behalf of
firearms or ammunition or instruments used or the rebels, shall be deemed a
intended to be used in the manufacture of leader of such rebellion,
firearms or ammunition is in furtherance of or insurrection, or coup d’état (Last
incident to, or in connection with the crime of par., Article 135).
rebellion or insurrection, sedition, or attempted
coup d’état, such violation shall be absorbed as
Participants Reclusion
an element of the crime of rebellion, or
Any person who: temporal
insurrection, sedition, or attempted coup
a. Participates; or
d'etat(Section 1, par.4, R.A. 8294).
b. Executes the commands of
others in rebellion, or
PROBLEM: insurrection.
In the wake of the Oakwood mutiny against then
President GMA, Antonio Trillanes and other Persons in Government Service Reclusion
members of the Magdalo faction were charged of Any person in the government temporal
attempted coup d'etat in the Makati RTC, and for service who:
violation of the Articles of War before the Military a. Participates; or
Court. Trillanes and company filed a petition b. Executes directions or
contending that "conduct unbecoming of an commands of others in
officer and a gentleman" should be absorbed by undertaking coup d’état.
the coup d'etat charge. The petition was granted.
The matter went up to the Supreme Court. NOTE: Public officer must take
active part in order to be liable.
In view of the principle of absorption, can coup Being a mere assistant to a
d’état absorb any violation of the Articles of War, principal, guilty of the crime of
particularly conduct unbecoming of an officer and rebellion, the accused is guilty only
a gentleman? as a participant in the commission
of the crime of rebellion under par.
ANSWER: 2, Article 135 (People vs. Lava;
NO. For absorption to lie, the trial court must May 16, 1969).
have jurisdiction over both offenses. Moreover, Persons not in the Prision
the ruling in Enrile vs. Amin with regard to the Government Service mayor in
principle of absorption does not apply to crimes Any person not in the government maximum
which, by statutory fiat, are sui generis – such as service who: period
violations of the Articles of War (Gonzales vs. a. Participates;
Abaya; August 10, 2006). b. Supports;
c. Finances;
ARTICLE 135: d. Abets; or
PENALTY FOR REBELLION, INSURRECTION e. Aids a coup d’état.
OR COUP D’ÉTAT
ARTICLE 136:
PERSONS LIABLE PENALTY CONSPIRACY AND PROPOSAL TO COMMIT
COUP D’ETAT, REBELLION, OR
Leaders Reclusion INSURRECTION
Any person who: perpetua
a. Promotes, maintains or heads a
ELEMENTS:
rebellion or insurrection; or
1. CONSPIRACY:
b. Leads, directs or commands
(a) Two or more persons come to an
others to undertake a coup
agreement to commit acts of rebellion,
d’état.
insurrection, or coup d’état, and

111
 (b) They decide to commit it.
2. PROPOSAL:
(a) A person has decided to commit acts of
rebellion, insurrection, or coup d’état,
and
(b) He proposes its execution to some other
person or persons.
2. He does not take arms or is not in open
hostility against the government;
3. He incites others to the execution of any of
the acts of rebellion; and
4. The inciting is done by means of speeches,
proclamations, writings, emblems, banners
or other representations tending to the same
end.

PENALTIES: Manner of Inciting to Rebellion or

Insurrection:
Conspiracy and a. Prision mayor at its 1. Speeches;
proposal to commit minimum; and 2. Proclamations;
coup d’état b. Fine not exceeding 3. Writings;
P8,000.00 4. Emblems;
5. Banners; or
Conspiracy to commit a. Prision correccional
6. Other representation tending to the same
rebellion or at maximum; and
end.
insurrection b. Fine not exceeding
P5,000.00
INCITING TO PROPOSAL TO COMMIT
Proposal to commit a. Prision correccional REBELLION REBELLION
rebellion or at medium; and
It is not required The person who proposes
insurrection b. Fine not exceeding
that the offender has decided to commit
P2,000.00
has decided to rebellion.
commit rebellion.
NOTES:
• There is no conspiracy when the people The act of inciting The person who proposes
have NOT agreed or decided to commit the is done publicly. the execution of the crime
crimes. uses secret means.

The mere fact of giving speeches favoring
communism would NOT make the accused
guilty of conspiracy, because there was no
evidence that the hearers of his speeches
then and there agreed to rise up in arms for
the purpose of obtaining the overthrow of the
democratic government as envisaged in the
principles of Communism.(People vs.
Hernandez, July 18, 1956).
• Persons merely agreeing and deciding
among themselves to rise publicly and to
take arms against the government for the
purposes mentioned in Article 134, without
actually rising publicly and taking arms
against the government, or those merely
proposing the commission of said acts to
other persons without actually performing
those overt acts under Article 134, are
already subject to punishment.
ARTICLE 138:
INCITING A REBELLION OR INSURRECTION
ELEMENTS: A D I S
1. Offender can be any person;
NOTE: In both proposal and inciting to commit
rebellion, the crime of rebellion should not be
actually committed by the persons to whom it is
proposed or who are incited. If they commit
rebellion because of the proposal or the inciting,
the proponent or the one inciting becomes a
principal by inducement in the crime of rebellion.
ARTICLE 137:
DISLOYALTY OF PUBLIC OFFICERS
OR EMPLOYEES
PUNISHABLE ACTS: F C A
1. Failing to resist a rebellion by all means in
their power.
2. Continuing to discharge the duties of their
offices under the control of the rebels.
3. Accepting appointment to office under them.
NOTES:
• The crime punished by this article is also
known as “disloyalty to the Republic.”
• The offender must be a public officer or
employee. If a private individual accepts an

112
 appointment to office under the rebels, he is
not liable under this article.
• This crime presupposes the existence of
rebellion by other persons.
The accused could not be held liable even
for disloyalty, because there was no actual
rebellion going on in the municipality. There
must be a rebellion to be resisted or, at least
the place is under the control of the rebels.
(U.S. vs. Ravidas; March 14, 1905).
• The offender must not be in conspiracy with
the rebels, otherwise, he will be guilty of
rebellion – not merely disloyalty – because in
conspiracy, the act of one is the act of all.
ARTICLE 139–142:
SEDITION AND RELATED OFFENSES
ELEMENTS: REO
1. The offender rise publicly and tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods;
3. The offenders employ any of those means to
attain any of the following objects:
(a) Prevent promulgation or execution of any
law or the holding of any popular
election;
(b) Prevent the National Government or any
provincial or municipal government or
any public officer from freely exercising
its or his functions, or prevent the
execution of any administrative order;
(c) Inflict any act of hate or revenge upon
the person or property of any public
office officer or employee;
(d) Commit, for any political or social end,
any act of hate or revenge against
private persons or any social class;
(e) Despoil, for any political or social end,
any person, municipality or province, or
the National Government of all its
property or any part thereof.
NATURE OF SEDITION:
• Sedition is the rising of commotions or
disturbances in the State (People vs.
Cabrera; March 4, 1922).
• The crime of sedition does not contemplate
the taking up of arms against the government
because the purpose of this crime is not the
overthrow of the government.
• The ultimate objective of sedition is the
violation of the public peace or at least such
a course of measures as evidently
engenders it (People vs. Perez; December
22, 1923).
NOTES:
• Public uprising is considered tumultuous
when it is caused by more than three
persons who are armed or provided with the
means of violence.
• HENCE, sedition cannot be committed by
one person alone.
The opening clause reads: "The crime of
sedition is committed by persons who rise
publicly and tumultuously". In Article 163, the
word tumultuous means that the disturbance
shall be deemed tumultuous if caused by
more than three persons who are armed or
provided with means of violence.
• Public uprising and an object of sedition must
concur.
• Common crimes committed together with the
crime of sedition were independent of each
other and are not absorbed in sedition
(People vs. Umali; November 29, 1954).
• A friction between the Philippine
constabulary and the Manila police escalated
and resulted in the deaths of 6 policemen
and 2 civilians and serious injuries of 3
civilians. The court held that unlike the crime
of rebellion, common crimes committed in
the occasion of sedition are to be
appreciated as separate crimes. (People vs.
Cabrera; March 4, 1922).
Sedition and Rebellion Distinguished
SEDITION REBELLION
In both, there must be public uprising.
It is sufficient that the There must be taking
public uprising is up of arms against the
tumultuous. Government.
The purpose of the The purpose is always
offenders may be political.
political or social.
It is not necessarily It is always against the
against the government.
government
113
 Sedition and Treason Distinguished • Article 141 punishes only conspiracy to
SEDITION TREASON commit sedition. Mere proposal is not
punishable.
In its more general In its more general
sense, is the raising of sense, is the violation
commotions or by a subject of his ARTICLE 142:
disturbances in the allegiance to his INCITING TO SEDITION
State. sovereign or to the
supreme authority of ACTS OF INCITING TO SEDITION:
the State.
1. Inciting others to the accomplishment of
any of the acts which constitute sedition
Sedition and Coup D’etat Distinguished
by means of speeches, proclamations,
SEDITION COUP D’ETAT writings, emblems, cartoons, banners,
There is no distinction Offender belongs to etc.
as to who may commit; the military or police or
a private individual may holding any public ELEMENTS OF NO. 1:
commit the offense. office or employment. (1) The offender does not take direct part in
Primary purpose is to Purpose is to seize or the crime of sedition.
disturb the public to diminish state (2) He incites others to the accomplishment
peace. power. of any of the acts which constitute
sedition.
(3) The inciting is done by means of :
ARTICLE 140:
(a) Speeches,
PENALTY FOR SEDITION
(b) Proclamations,
(c) Writings,
PERSONS PENALTY (d) Emblems,
LIABLE (e) Cartoons,
Leader Prison mayor (minimum (f) Banners, or
period) and a fine not (g) Other representations tending to the
exceeding P10,000 same end.
Participants Prison correccional
(maximum period) and a fine 2. Uttering seditious words or speeches
not exceeding P5,000 which tend to disturb the public peace.

NOTE: If the offender is a government official or 3. Writing, publishing or circulating

employee, the accessory penalty of absolute scurrilous libels against the Government
perpetual disqualification from holding any public or any of the duly constituted authorities,
office shall be imposed. (P.D. 90 – Declaring which tend to disturb the public peace.
Unlawful Rumor-Mongering and Spreading False
Information; January 6, 1973). NOTE:“Scurrilous” means low, vulgar, mean
or foul.
ARTICLE 141:
4. Knowingly concealing such evil practices.
CONSPIRACY TO COMMIT SEDITION
NOTES:
Conspiracy to commit sedition takes place when
• It is not necessary, in order to be seditious,
two or more persons come to an agreement
that the words used should in fact result in a
concerning the commission of sedition and
rising of the people against the constituted
decide to commit it.
authorities. The law is not aimed merely at
actual disturbance, as its purpose is also to
NOTES:
punish utterances which may endanger
• There must be an agreement and a decision public order (People vs. Nabong; 1932).
to rise publicly and tumultuously to attain any
of the objects of sedition.

114
Uttering seditious words or speeches and
writing, publishing or circulating scurrilous
libels are punishable when: DIS L
(a) They tend to disturb or obstruct any lawful
officer in executing the functions of his office;
or
(b) They tend to instigate others to cabal and
meet together for unlawful purposes; or
(c) They suggest or incite rebellious
conspiracies and riots; or
(d) They lead or tend to stir up the people
against the lawful authorities or to disturb the
peace of the community, the safety and order
of the Government (Article 142, Acts Nos. 2
& 3).
NOTE: Any act that will generate hatred against
the government or a public officer concerned or a
social class may amount to inciting to sedition.
Lambasting government officials to discredit the
government is inciting to sedition.
RULES RELATIVE TO SEDITIOUS WORDS:
(a) Clear and Present Danger Rule:
Under this rule, it is required that there must
be a reasonable ground to believe that the
danger apprehended is imminent and that
the evil to be prevented is a serious one.
There must be the probability of serious
injury to the State.
(b) Dangerous Tendency Rule:
Under this rule, there is inciting to sedition
when the words uttered or published could
easily produce disaffection among the people
and a state of feeling in them incompatible
with a disposition to remain loyal to the
Government and obedient to the laws.
ARTICLE 143:
ACTS TENDING TO PREVENT THE MEETING
OF THE ASSEMBLY AND SIMILAR BODIES
ELEMENTS:
1. There be a projected meeting or actual
meeting of the Congress or any of its
committees or subcommittees, constitutional
committees or divisions thereof, or of any
provincial board or city or municipal council
or board;
2. The offender who may be any person
prevents such meeting by force or fraud.
ARTICLE 144:
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
1. There be a meeting of the Congress or any
of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board
or city or municipal council or board;
2. Offender does any of the following acts:
(a) He disturbs any of such meetings; or
(b) He behaves, while in the presence of
any of such bodies, in such a manner as
to interrupt its proceedings or to impair
the respect due it.
NOTES:
• It must be a meeting of a legislative body or
of provincial board or city or municipal
council or board which is disturbed;
otherwise, the offender is guilty of unjust
vexation under Article 287, RPC.
• The complaint for disturbance of proceedings
may be filed by a member of a legislative
body.
• The implied power to punish for contempt of
the National Assembly is coercive in nature.
The power to punish crime is punitive in
character. Thus, the same act could be made
the basis for contempt proceedings and for
criminal prosecution. (Lopez vs. De los
Reyes; November 5, 1930).
ARTICLE 145:
VIOLATION OF
PARLIAMENTARY IMMUNITY
PUNISHABLE ACTS:
1. By using force, intimidation, threats or frauds
to prevent any member of the Congress
from:
(a) Attending the meetings of the Congress
or of any of its committees or
subcommittees, constitutional
commissions or committees or divisions
thereof; or
(b) Expressing his opinions; or
(c) Casting his votes.
ELEMENTS:
(1) The offender uses force, intimidation,
threats or fraud;
(2) The purpose of the offender is to prevent
any member of the Congress from –
115
 (a) Attending the meetings of the
Assembly or any of its committees or
constitutional commissions, etc; or
(b) Expressing his opinions; or
(c) Casting his vote.
NOTE: The offender can be any person.
2. By arresting or searching any member
thereof while the Congress is in regular or
special session, except in case such member
has committed a crime punishable under the
Code by a penalty of prision mayor or higher.
ELEMENTS:
(a) Offender is a public officer or employee;
(b) He arrests or searches any member of
the Congress;
(c) The Assembly, at the time of the arrest
or search, is in regular or special
session;
(d) The member arrested or searched has
not committed a crime punishable under
the Code by a penalty of prision mayor
or higher.
NOTES:
• Session refers to the entire period from its
initial convening until its final adjournment.
• It is NOT necessary that a member is
actually prevented from attending the
meeting. It is sufficient that the offender has
the purpose of preventing a member from
exercising any of his prerogatives.
• Parliamentary immunity does NOT protect
members from responsibility before the
legislative body itself.
Basis: The 1987 Constitution exempts member
of Congress from arrest, while the Congress is in
session, for all offenses punishable by a penalty
of less than prision mayor.
PROBLEM:
Congressman X was charged with libel. The RTC
found probable cause and issued a warrant of
arrest. Police Officer Y went to Congress and
arrested Congressman X. Was Police Officer Y
correct in doing so?
ANSWER:
NO. The penalty for libel is only prision
correccional which is lower than prision mayor.
Thus, Congressman X cannot be arrested while
in session.
PROBLEM:
Congressman A was charged with attempted
homicide. Soon, a warrant of arrest was issued.
Incidentally, Congress was in recess due to
summer break. Congressman A was arrested.
Was the arrest proper?
ANSWER:
NO. Congressman A was at that time immune
from arrest. Congress is still in session during
recess and is not deemed adjourned.
ARTICLE 146
ILLEGAL ASSEMBLIES
FORMS OF ILLEGAL ASSEMBLY:
1. FIRST FORM:
Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code
ELEMENTS:
(a) There is a meeting, a gathering or group
of persons, whether in a fixed place or
moving;
(b) The meeting is attended by armed
persons; and
(c) The purpose of the meeting is to commit
any of the crimes punishable under RPC.
NOTE: Crimes must be punishable by RPC
not under any special law.
2. SECOND FORM:
Any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority
or his agents
ELEMENTS:
(a) There is a meeting, a gathering or group
of persons, whether in a fixed place or
moving; and
(b) The audience, whether armed or not, is
incited to the commission of the crime of
treason, rebellion or insurrection,
sedition or direct assault.
116
 NOTE: If in a meeting the audience is incited
to the commission of rebellion or sedition, the
crimes committed are:
1. Illegal assembly as regards:
(a) The organizers or leaders, and
(b) Persons merely present; and
2. Inciting to rebellion or sedition insofar as
regards the one inciting them.
ILLEGAL ASSOCIATIONS
What are illegal associations?
1. Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code; or
2. Associations totally or partially organized for
some purpose contrary to public morals.

FORMS OF ILLEGAL ASSEMBLIES PERSONS LIABLE:

FIRST FORM SECOND FORM (a) Founders, directors and president of the
Meeting must be Meeting may be association.
attended by armed attended by persons (b) Mere members of the association.
persons. either armed or not.
ILLEGAL ILLEGAL
The purpose of the The purpose of the
ASSOCIATION ASSEMBLY
meeting is to commit meeting is to incite the
any crime punishable audience for the As to actual meeting taking place
under the RPC. commission of treason, It is NOT necessary that It is necessary that
rebellion, insurrection, there be an actual there is an actual
sedition or assault meeting. meeting or assembly.
upon person in As to act punishable
authority or his agents. It is the act of forming or It is the meeting and
organizing and attendance at such
PERSONS LIABLE: membership in the meeting that are
1. Organizers or leaders of the meeting association that are punished.
punished.
If any person present at the meeting As to persons liable
carries an unlicensed firearm:
(a) It is presumed that the purpose of the (a) The founders, (a) The organizers
meeting insofar as he is concerned, is to directors and president, or leaders of the
commit acts punishable under RPC; and and (b) the members. meeting and (b) the
(b) He is considered a leader or organizer of persons present at
the meeting. meeting.

2. Persons merely present at the meeting SUBVERSION

(a) If they are not armed, the penalty is
arresto mayor. There is currently NO law that punishes
(b) If they carry arms, like bolos or knives, or subversion.
licensed firearms, the penalty is prision
correccional. • It was previously punished by R.A. 1700 but
was superseded by P.D. 885. Subsequently,
NOTES: E.O. 167 revived R.A. 1700, which was later
• As illegal assembly is a felony, the persons amended by E.O. 276. R.A. 7636 (1992)
merely present at the meeting must have repealed R.A. 1700, as amended.
common intent to commit the felony of illegal
assembly. Absence of such intent may For knowledge’s sake:
exempt the person present from criminal
liability. ANTI–SUBVERSION ACT
(Republic Act No. 1700)
• The gravamen of the offense is mere
assembly of or gathering of people for illegal PUNISHABLE ACTS:
purpose punishable by the RPC. Without 1. Knowingly, willfully and by overt acts (a)
gathering, there is no illegal assembly. affiliating oneself with, (b) becoming, or (c)
remaining a member of the Communist Party
ARTICLE 147: of the Philippines and/or its successors or of

117
 any subversive association as defined in It is committed by It is committed by rising
Sec. 2 of this Act; affiliating with or publicly and taking up
becoming a member arms against the
2. Conspiring with any other person to in subversive Government for any of
overthrow the Government of the Republic of organizations. the purposes specified
the Philippines or the government of any of in Article 134, RPC.
its political subdivisions by force, violence,
deceit, subversion or other illegal means, for NOTE: The taking up of arms by a member of a
the purpose of placing such government or subversive organization against the Government
political subdivision under the control and is but a circumstance which raises the penalty to
domination of any alien power; and be imposed upon the offender (People vs.
Liwanag; October 19, 1976).
3. Taking up arms against the Government, the
offender being a member of the Communist ARTICLE 148:
Party or of any subversive association as DIRECT ASSAULT
defined in Sec. 2 of the Act.
WAYS TO COMMIT DIRECT ASSAULT:
What organizations are declared illegal and
outlawed under Section 2, R.A. 1700?
1. Without public uprising, by employing
force or intimidation for the attainment of
(a) The Communist Party, which is declared to
any purposes enumerated in defining the
be an organized conspiracy, and
crimes of sedition and rebellion.
(b) Any other organization and their successors
having the purpose of overthrowing the
ELEMENTS:
Government of the Republic of the
1. The offender employs force or
Philippines to establish in the Philippines a
intimidation;
totalitarian regime and place the Government
2. The aim of the offender is to attain any of
under the control and domination of an alien
the purposes of the crime of rebellion or
power are declared illegal and outlawed.
any of the objects of the crime of
sedition; and
REVISED ANTI–SUBVERSION LAW 3. There is no public uprising.
(Presidential Decree No. 885)
2. Without public uprising, by attacking, by
PUNISHABLE ACTS: employing force or seriously intimidating
1. Knowingly, willfully and by overt act affiliating or by seriously resisting any person in
with, becoming or remaining a member of a authority or any of his agents, while
subversive association or organization. engaged in the performance of official
2. Taking up arms against the Government, the duties, or on the occasion of such
offender being a member of such subversive performance.
association or organization.
ELEMENTS:
What are the subversive associations and 1. The offender:
organizations under Sec. 2, P.D. 885? (a) Makes an attack,
Any association, organization, political party, or (b) Employs force,
group of persons organized for the purpose of (c) Makes a serious intimidation, or
overthrowing the Government of the Republic of (d) Makes a serious resistance.
the Philippines or for the purpose of removing 2. The person assaulted is a person in
from the allegiance to said government or its authority or his agent.
laws, the territory of the Philippines or any part 3. At the time of the assault the person in
thereof, with the open or covert assistance or authority or his agent is:
support of a foreign power by force, violence, (a) Engaged in the actual performance
deceit, or other illegal means. of official duties, or
(b) That he is assaulted by reason of the
Subversion and Rebellion Distinguished past performance of official duties.
SUBVERSION REBELLION

118
 4. The offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties.
5. There is no public uprising.
KINDS:
The crime is not based on the material
consequence of the unlawful act. The crime of
direct assault punishes the spirit of lawlessness
and the contempt or hatred for the authority of
the rule of law.
NOTES:
• “Shall attack” includes any offensive or
antagonistic movement or action of any kind.
• The force employed need not be serious
when the offended party is a person in
authority.
• If the offended party is only an agent of a
person in authority, the force employed must
be of a serious character as to indicate
determination to defy the law and its
representative at all hazards.
• When the constitutive element of direct
assault is intimidation or resistance, it must
be serious and active whether the offended
party is an agent only or he is a person in
authority.
• The intimidation must produce its effect
immediately, for if the threats be of some
future evil, the act would not be an assault.
• PERSON IN AUTHORITY
It is any person directly vested with
jurisdiction, whether as an individual or as a
member of some court or governmental
corporation, board, or commission shall be
deemed a person in authority (Article 152).
“Directly vested with jurisdiction”
It means the power or authority to govern
and execute the laws.
Teachers, professors, and persons in
charged with supervision of public or duly
recognized private schools, colleges, and
universities shall be deemed persons in
authority in applying the provisions of Articles
148 and 151.
• AGENT OF A PERSON IN AUTHORITY
It is one who, by the direct provision of law or
by election or by appointment by competent
authority, is charged with the maintenance of
public order and the protection and security
of life and property and any person who
comes to the aid of persons in authority.
• The accused assaulting must have
knowledge that the offended party was a
person in authority or his agent in the
exercise of his duties, because the accused
must have the intention to offend, injure or
assault the offended party as a person in
authority or agent of authority (People vs.
Villaseñor; October 24, 1970).
• “On occasion of such performance”
It means that the impelling motive of the
attack is the performance of official duty. The
words “on occasion” signify “because” or “by
reason” of the past performance of official
duty, even if at the very time of the assault
no official duty was being discharged (Justo
vs. Court of Appeals; June 28, 1956).
• When a person in authority or his agent is
the one who provokes and attacks another
person, the latter is entitled to defend himself
and cannot be held liable for assault or
resistance because he acts in legitimate
defense (People vs. Carado; C.A. – G.R. No.
12778-R).
Instances when the person in authority or his
agent is considered NOT in the performance
of official duties:
(a) When a person in authority or his agents
exceeds his power or acts without authority.
(b) When he makes unnecessary use of force or
violence to make him respected.
(c) When the offender and the offended party,
who are both persons in authority and their
agents, descend to matters which are private
in nature.
NOTES:
• In any of these instances, if the person in
authority or his agents is attacked, the crime
committed is only physical injuries or
homicide, as the case may be.
• Evidence of motive of the offender is
important when the person in authority or his
agent who is attacked or seriously
intimidated is not in the actual performance
119
 of his official duties. But if he is in the actual
performance of his official duties, the motive
of the offender is immaterial.
TWO KINDS OF THE SECOND FORM:
1. Simple assault; and
2. Qualified assault.
DIRECT ASSAULT IS QUALIFIED IF:
(a) The assault is committed with a weapon; or
(b) Offender is a public officer or employee; or
(c) The offender lays hands upon a person in
authority.
NOTES:
• When the person in authority or his agent is
attacked and killed while in performance of
his duty, the crime should be complex crime
of direct assault with homicide or murder.
• Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the
complex crime of direct assault with serious
or less serious physical injuries.
• The crime of slight physical injuries is
absorbed in the crime of direct assault as the
same is the necessary consequence of the
force or violence inherent in all kinds of
assault (People vs. Acierto; November 28,
1932). The only time when it is not
complexed is when material consequence is
a light felony, that is, slight physical injury.
ARTICLE 149:
INDIRECT ASSAULT
ELEMENTS: P A M
1. Person in authority or his agent is the victim
of any of the forms of direct assault in Article
148;
2. A person comes to the aid of such authority
or his agent;
3. The offender makes use of force or
intimidation upon such person coming to the
aid of the authority or his agent.
NOTES:
• Indirect assault can be committed ONLY
when there is direct assault.
• A private person may be the offended party
in indirect assault. Article 149 states that the
use of force or intimidation must be made
“upon any person coming to the aid of the
authorities or their agents.” A private person
who comes to the rescue of an authority or
his agent enjoys the privileges of the latter,
and any person who uses force or
intimidation upon such person under the
circumstances is guilty of atentado (assault)
under Article 149 (Guevara).
ARTICLE 150:
DISOBEDIENCE TO SUMMONS
PUNISHABLE ACTS:
1. Refusing, without legal excuse, to obey
summons of the Congress, its special or
standing committees and subcommittees, the
Constitutional commissions and its
committees, subcommittees or divisions, or
by any of its commissions or committee
chairman or member authorized to summon
witnesses.
2. Refusing to be sworn or placed under
affirmation while being before such
legislative or constitutional body or official.
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their
functions.
4. Restraining another from attending as a
witness in such legislative or constitutional
body.
5. Inducing disobedience to a summons or
refusal to be sworn by any such body or
official.
PERSONS LIABLE:
1. Any person who commits any of the above
acts
2. Any person who:
(a) Restrains another from attending as a
witness in such body;
(b) Induces him to disobey a summons; or
(c) Induces him to refuse to be sworn.
NOTES:
• Only disobedience without legal excuse is
punishable under this article.
• The testimony of the person summoned must
be upon matters into which the National
Assembly has jurisdiction to inquire.
ARTICLE 151:
120
 RESISTANCE AND DISOBEDIENCE TO A 1. By attacking, in authority or his
PERSON IN AUTHORITY OR HIS AGENTS 2. By employing force, agent.
3. By seriously
RESISTANCE OR SERIOUS DISOBEDIENCE intimidating, and
4. By seriously resisting a
person in authority or
ELEMENTS:
his agent.
1. A person in authority or his agent is engaged
in the performance of official duty or gives a Force is employed is Force is employed
lawful order to the offender; serious. but the use of such
2. That the offender resists or seriously force and resistance
disobeys such person in authority or his is not so serious, as
agent; and there is no manifest
3. That the act of the offender is not included in intention to defy the
the provisions of Arts. 148, 149 and 150. law and the officers
enforcing it.
NOTES:
• The accused must have knowledge that the NOTES:
person arresting him is a peace officer. • If the offender seriously resisted a person in
authority or his agent, the crime is direct
• The disobedience contemplated consists in assault.
the failure or refusal to obey a direct order
from the person in authority or his agent. • When the attack or employment of force is
not deliberate, the crime is only resistance or
SIMPLE DISOBEDIENCE disobedience.

ELEMENTS: • The act of lying on the road and refusing,

1. An agent of a person in authority is engaged despite the order of the Philippine
in the performance of official duty or gives a Constabulary major, to get out therefrom
lawful order to the offender; constitute the crime of simple disobedience.
2. The offender disobeys such agent of a (People v. Macapuno; 58 O.G. 4985).
person in authority; and
3. Such disobedience is not of a serious nature. ARTICLE 152:
PERSONS IN AUTHORITY AND AGENTS OF
NOTES: PERSONS IN AUTHORITY
• In simple disobedience, the offended party
must be only an agent of a person in PERSON IN AUTHORITY
authority. It is one directly vested with jurisdiction, that is,
the power and authority to govern and execute
• If the disobedience to an agent of a person in the laws.
authority is of serious nature, the offender
should be punished under the first paragraph The following are persons in authority:
of Article 151, RPC. (a) Municipal mayor;
(b) Division superintendent of schools;
DIRECT ASSAULT RESISTANCE (c) Public and private school teachers;
(d) Teacher-nurse;
The person in authority or The person in
(e) Pres. Of sanitary division;
his agent must be authority or his
(f) Provincial fiscal;
engaged in the agent must be in
(g) Justice of peace;
performance of official actual performance
(h) Municipal councilor;
duties OR that he is of his duties.
(i) Barrio Captain and Barangay Chairman.
assaulted by reason
thereof.
NOTES:
Direct Assault (Second Committed only by • Professorsare persons in authority under
Form) may be committed resisting or seriously Articles 148 and 151, but not in Article 149.
in four ways: disobeying a person

121
 The spirit and purpose C.A. 578 is to give
teachers protection, dignity and respect while
in the performance of their official duties.
This protection extends not only against
pupils or relatives of pupils, but against all
persons who knowingly attack a teacher
while engaged in the performance of his
official duties. Respect for a teacher is
required of all persons in order to uphold and
enhance the dignity of the teaching persons
(People vs. Ceprioso; 52 O.G. 2609; January
31, 1956).
AGENT OF A PERSON IN AUTHORITY
It is any person who by direct provision of law or
by election or by appointment by competent
authority, is charged with the maintenance of
public order and the protection and security of life
and property, any person who comes to the aid
of persons in authority.
Any person who comes to the aid of persons in
authority is an agent of a person in authority
(Article 152, as amended).
CHAPTER 5:
PUBLIC DISORDERS
ARTICLE 153:
TUMULTS AND OTHER DISTURBANCES
OF PUBLIC ORDER
Tumults and other disturbances of public
order are those: S I O – D B
1. Causing any serious disturbance in a public
place, office or establishment;
2. Interrupting or disturbing public
performances, functions, or gatherings, or
peaceful meetings, if the act is not included
in Articles 131 and 132;
5. Burying with pomp the body of a person who
has been legally executed.
NOTES:
• Serious disturbance must be planned or
intended NOT a sudden outburst.
• “Outcry”means to shout subversive or
provocative words tending to stir up the
people to obtain by means of force or
violence any of the objects of rebellion or
sedition.
• If the act of disturbing or interrupting a
meeting or religious worship is committed by
a private individual, or even by a public
officer but he is a participant in the meeting
or religious worship which he disturbs or
interrupts, Article 153, NOT Articles 131 or
132, is applicable.
QUALIFYING CIRCUMSTANCE:
Serious disturbance and interruption are qualified
when committed by more than three armed
persons (at least four).
• If such is caused by more than three persons
who are armed or provided with means of
violence, the penalty is arresto mayor
(medium period) to prision correccional
(minimum period) and a fine not exceeding
1,000.
• The penalty next higher in degree shall be
imposed upon persons causing any
disturbance or interruption of a tumultuous
character.
NOTE:“Arms” refer to any means of fatal
violence not only fire arms.

NOTE: In Articles131 and 132, the offender INCITING TO PUBLIC DISORDER

is a public officer and the act is prohibiting, SEDITION OR
preventing and dissolving peaceful meeting REBELLION
or religious worship. In Article 153, the For an outcry or the If the outcry is more or
offender is “any person.” displaying of emblems less unconscious
or placards to constitute outburst which
3. Making any outcry tending to incite rebellion inciting to commit although rebellious or
or sedition in any meeting, association or rebellion or sedition, it in nature, is not
public place; is necessary that the intentionally calculated
offender should have to induce other to
4. Displaying placards or emblems which done the act with the commit rebellion or
provoke a disturbance of public order in such idea aforethought of sedition, it is only
place; and inducing his hearers or public disorder.

122
readers to commit the
crime of rebellion or
sedition.
Creating disturbance of public can result to:
(a) Serious disturbance of public order under
paragraph 1, Article 153;
(b) Interruption, prohibition and disturbance of
peaceful meeting under Article 131 if
committed by a public officer who disturbed
the meeting and not participant thereof;
(c) Interruption of religious worship under Article
132 if committed by public officer against a
religious manifestation;
(d) Alarms and scandal under Article 155 if the
disturbance is not serious; and
(e) Inciting to rebellion or inciting to sedition
under Articles 138 or 142 if that is the original
criminal intent of the person who made
statements that tend to incite listeners to
rebellion or sedition.
ARTICLE 154:
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
PUNISHABLE ACTS:
1. By publishing or causing to be published, by
means of printing, lithography or any other
means of publication, as news any false
news which may endanger the public order,
or cause damage to the interest or credit of
the State;
2. By encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches;
3. By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially; and
4. By printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printer’s name, or which are classified as
anonymous.
PENALTY: Arresto mayor and a fine ranging
from P200.00 to P1,000.00 shall be imposed.
NOTES:
• Offender can be any person.
• Actual public disorder or actual damage to
the credit of the State is NOT necessary. The
mere possibility of causing such danger or
damage is sufficient.
• The offender must know that the news is
false.
• If there is NO possibility of danger to public
order or of causing damage to the interest of
the State by publication of false news, Article
154 is NOT applicable.
• R.A. 248 prohibits the reprinting,
reproduction, or republication of government
publications and official documents without
previous authority.
CASE:
Defendant distributed leaflets urging the people
to disobey and resist the execution of that portion
of the National Defense Act requiring compulsory
military training. He was convicted of inciting to
sedition by the trial court.
HELD:
The crime is not inciting to sedition. The acts
charged which are subversive in nature fall under
par. 2, Article 154. Any person who by the same
means, or by words, utterances or speeches,
shall encourage disobedience to the law or to the
constituted authorities or praise, justify, or extol
any act punishable by law. (People v. Arrogante,
C.A. 38 O.G. 2974).
ARTICLE 155:
ALARMS AND SCANDALS
PUNISHABLE ACTS:
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or public
place, calculated to cause (which produces)
alarm or danger.
2. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
3. Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements.
4. Causing any disturbance or scandal in public
place while intoxicated or otherwise,
provided Article 153 is not applicable.
123
PENALTY: Arresto menor or a fine not
exceeding P200.00 shall be imposed.
NOTES:
• Offender can be any person.
• The discharge of firearm should NOT be
aimed at a person; otherwise, the offense
would fall under Article 254, punishing
discharge of firearms.
• It is the result, not the intent that counts. The
act must produce alarm or danger as a
consequence.
• Article 155 does not make any distinction as
to the particular place in the town or public
place where the discharge of firearm, rocket,
etc. is effected. As long as it produces alarm
or danger, it is punished under Article 155.
• Discharge of firecrackers or rockets during
fiestas or festive occasions is not covered by
this article (Viada).
• If the disturbance is of a serious nature, the
case will fall under Article 153, not under
paragraph 4, Article 155.
• Even if the persons involved are engaged in
nocturnal activity like those playing patintero
at night, or selling balut, if they conduct their
activity in such a way that disturbs public
peace, they may commit the crime of alarms
and scandals.
CHARIVARI
It involves a medley of discordant voices, a mock
serenade of discordant noises made on kettles,
tins, horns, etc., designed to annoy or insult.
NOTE: The reason for punishing instigating or
taking active part in charivari and other disorderly
meeting is to prevent more serious disorders.
ARTICLE 156:
DELIVERING PRISONERS FROM JAILS
ELEMENTS: C R H
1. There is a person confined in a jail or penal
establishment; and
2. The offender removes therefrom such
person, or helps the escape of such person.
PENALTY: Arresto mayor (maximum period) to
prision correccional (minimum period) shall be
imposed.
NOTES:
• Prisoner may be a mere detention prisoner
or a prisoner by final judgment.
• This article applies even if the prisoner is in
the hospital or asylum when he is removed
or when the offender helps his escape,
because it is considered as an extension of
the penal institution.
OFFENDERS MAY BE:
(a) Any person who is not charged with the
custody of the person detained;
(b) The guard of the jail, who is off duty, may be
held liable for delivering prisoner from jail
(People vs. Del Barrio; 60 O.G. 3908).
NOTE: Offender is usually an outsider. It can
also be committed by an employee of the
penal institution provided he does not have
the custody or charge of such person.
If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner
under Article 223.
NOTES:
• Violence, intimidation, or bribery is NOT
necessary. If the accused removed from jail
or penal or penal establishment a person
confined therein or helped the latter’s escape
by means of violence, intimidation or bribery,
the penalty is higher. Hence, it is not an
element of the offense.
• What constitutes the qualifying circumstance
in Article 156, is the offender’s act of
employing bribery as a “means” of removing
or delivering the prisoner from jail, and not
the offender’s act of receiving or agreeing to
receive a bribe as a consideration for
committing the offense, which would serve
only as a generic aggravating circumstances
(People vs. Del Barrio; 60 O.G. 3908).
• A person, who substituted for a prisoner by
taking his place in jail, is liable under Article
156 because the removal of the prisoner
from jail is by other means, that is, by deceit.
124
• But if the crime committed by the prisoner for
which he is confined or serving sentence is
treason, murder, or parricide, the act taking
the place of the prisoner in the prison is that
of an accessory, and he may be held liable
as such, because he assists in the escape of
the principal (Article 19, par. 3).
CHAPTER 6:
EVASION OF SERVICE OF SENTENCE
FORMS OF EVASION:
1. Article 157: Leaving or escaping from the
penal establishment
2. Article 158: Failure to return within 48 hours
after having left the penal establishment
because of a calamity, conflagration or
mutiny and such calamity has been
announced as already passed.
3. Article 159: Violating the condition of
conditional pardon.
ARTICLE 157:
EVASION OF SERVICE OF SENTENCE
ELEMENTS: C S E
1. The offender is a convict by final judgment;
2. He is serving his sentence which consists in
deprivation of liberty; and
3. He evades the service of his sentence by
escaping during the term of his sentence.
NOTES:
• The crime of evasion of service of sentence
can be committed only by convict by final
judgment.
• Article 157 is applicable to the sentence of
destierro.(People vs. Abilong; 82 Phil. 174).
The word “imprisonment” in the phrase “by
escaping during the term of his
imprisonment” is NOT the correct translation.
The Spanish text uses the phrase
“friendoprivacion de libertad.” Hence, it
should be “by escaping during the term of his
sentence which consists in deprivation of
liberty” (People v. Abilong, ibid.).
• The term “escape” has been defined as to
flee from, to avoid, to get out of the way as to
flee to avoid arrest. (Black’s Law Dictionary,
th
4 ed.).
PROBLEM:
The three prisoners-accused, with neither
escort nor guard, were seen “loitering in the
premises of the courthouse” which was about
600 meters from the city jail. Did they
escape?
ANSWER:
NO. The established facts belie any escape
or even mere intention to escape. Indeed, if
escape were the purpose of the appellants,
they certainly would not have loitered in the
premises of the courthouse easily spotted
and apprehended, as they if fact were.
(People v. Lauron; 60 O.G. 4983).
PERSONS WHO CANNOT BE LIABLE:
(a) Detention prisoners;
(b) Accused who escaped while the sentence for
conviction was under appeal;
(c) Minor delinquent; or
(d) Deportees.
QUALIFYING CIRCUMSTANCES
If such evasion or escape takes place:
(a) By means of unlawful entry;
(b) By breaking doors, windows, gates, walls,
roofs or floors;
(c) By using picklocks, false keys, disguise,
deceit, violence or intimidation; or
(d) Through connivance with other convicts or
employees of the penal institution.
PENALTY:
(a) Prision correccional (medium and maximum
period) shall be imposed upon any convict
who shall evade service of his sentence by
escaping during the term of his imprisonment
by reason of final judgment.
(b) Prision correccional (maximum period) if
such evasion or escape is qualified.
ARTICLE 158:
EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDERS
ELEMENTS:
1. That the offender is a convict by final
judgment, who is confined in a penal
institution;
2. That there is a disorder resulting from:
(a) Conflagration;
(b) Earthquake;
(c) Explosion;
(d) Similar catastrophe; or
(e) Mutiny in which he has not participated.
125
3. That the offender evades the service of his
sentence by leaving the penal institution
where he is confined on the occasion of such
disorder or during the mutiny.
4. The offender fails to give himself up to the
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
NOTES:
• Offender must be a convict by final judgment.
• What is punished is not the leaving of the
penal institution, but the failure of the convict
to give himself up to the authorities within 48
hours after the proclamation announcing the
passing away of the calamity.
CONSEQUENCES:
(a) If the offender fails to give himself up, he
shall suffer an increase of 1/5 of the time still
remaining to be served under the original
sentence, not to exceed 6 months.
(b) If the offender gives himself up, he shall be
entitled to 1/5 deduction of the period of his
sentence.
NOTES:
• The prisoner who did not escape from his
place of confinement during the war is NOT
entitled to a special allowance of 1/5
deduction of the period of his sentence
(Fortuno vs. Director of Prisons, February 2,
1948).
• Mutiny in this article implies an organized
unlawful resistance to a superior
officer(People vs. Padilla, 46 O.G. 2151).
HENCE, there is no mutiny if the prisoners
disarmed the guards and escaped, because
the guards are NOT their superior officers. In
such case, the prisoners who surrendered to
a barrio lieutenant and then to the police
authorities, after slipping away from the
escapists, are not entitled to a reduction of
their original sentence.
Such prisoners could be held liable under
Article 157 for evasion of service sentence.
In the case of People v. Padilla., supra., the
accused was not held liable for evasion of
service of sentence under Article 157
because he acted under the influence of
uncontrollable fear of an equal or greater
injury, the escapists having threatened to
shoot at whoever remained in the jail.
ARTICLE 159:
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by
the Chief Executive;
3. That he violated any of the conditions of such
pardon.
PENALTIES:
(a) Prision correccional (minimum period) if the
penalty remitted does not exceed 6 years.
(b) The unexpired portion of his original
sentence if the penalty remitted is higher
than 6 years.
NOTES:
• Conditional Pardon is a contract between
the Chief Executive, who grants the pardon,
and the convict, who accepts it.
• Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159.
• There is quasi-recidivism whether the new
felony committed is similar to or different
from the crime for which the offender is
previously convicted or serving sentence.
• The court cannot require the convict to serve
the unexpired portion of his original sentence
if it does not exceed 6 years. The remedy is
left to the President who has the authority to
recommit him to serve the unexpired portion
of his sentence.
Cases:
• The condition imposed upon the prisoner that
he should NOT commit another crime,
extends to offenses punished by special
laws, like illegal voting under the Election
Law (People vs. Coral; September 27, 1943).
• The time during which the convict was out of
prison CANNOT be deducted from the
unexecuted portion of his sentence (People
vs. Tapel; February 17, 1937).
REMEDIES OF THE STATE:
126
(a) The President may order the reincarceration crimes embraced in in the same Title of the
of the pardonee under Section 64(i) of the the same title of the RPC, provided that it is a
Administrative Code even without trial; and Revised Penal felony that was
(b) A criminal case under Article 159. Code. committed by the
offender before serving
VIOLATION OF EVASION OF sentence by final
CONDITIONAL PARDON SENTENCE judgment for another
It is not a public offense for It is a public crime or while serving
it does not cause harm or offense separate sentence for another
injury to the right of and independent crime.
another person nor does it from any other act.
disturb public order.

ARTICLE 160:
QUASI–RECIDIVISM

QUASI–RECIDIVISM
It is a special aggravating circumstance where a
person, after having been convicted by final
judgment, shall commit a new felony before
beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by law
for the new felony.

ELEMENTS: Co Ne
1. The offender was already convicted by final
judgment of one offense.
2. He committed a new felony before beginning
to serve such sentence or while serving the
same.

NOTES:
• Second crime must be a felony but the first
crime for which the offender is serving
sentence need not be a felony.
• Quasi-recidivism is a special aggravating
circumstance and cannot be offset by
ordinary mitigating circumstances.

GENERAL RULE:
A quasi-recidivist may be pardoned at the age of
70 years and has already served out his original
sentence or when he shall complete it after
reaching said age.

EXCEPTION:
When he is a habitual criminal, a quasi-recidivist
may not be pardoned even if he has reached the
age of 70 years and already served out his
original sentence.

RECIDIVISM QUASI–RECIDIVISM
The convictions of The convictions are not
the offender are for for the crimes embraced

127
 TITLE FOUR:
CRIMES AGAINST PUBLIC INTEREST
The crimes in this title are in the nature of fraud
upon the public in general. The essence of the
crime under this title is against public interest.
ARTICLES CRIMES
Chapter 1: Forgeries
161 Counterfeiting the great seal of
the Government of the Philippine
Islands, forging the signature or
stamp of the Chief Executive
162 Using forged signature or
counterfeit seal or stamp
163 Making and importing and
uttering false coins
164 Mutilation of coins; Importation
and utterance of mutilated coins
165 Selling of false or mutilated coin,
without connivance
166 Forging treasury or bank notes on
other documents payable to
bearer; importing, and uttering
such false or forged notes and
documents
167 Counterfeiting, importing and
uttering instruments not payable
to bearer
168 Illegal possession and use of
false treasury or bank notes and
other instruments of credit
169 How forgery is committed
170 Falsification of legislative
documents
171 Falsification by public officer,
employee or notary or ecclesiastic
minister
172 Falsification by private individual
and use of falsified documents
173 Falsification of wireless, cable,
telegraph and telephone
messages, and use of said
falsified messages
174 False medical certificates, false
certificates of merits or service,
etc.
175 Using false certificates
176 Manufacturing and possession of
instruments or implements for
falsification
Chapter 2: Other Falsities
177 Usurpation of authority or
official functions
178 Using fictitious name and
concealing true name
179 Illegal use of uniforms or insignia
180 False testimony against
a defendant
181 False testimony favorable to the
defendants
182 False testimony in civil cases
183 False testimony in other cases
and perjury in solemn affirmation
184 Offering false testimony
in evidence
Chapter 3: Frauds
185 Machinations in public auctions
186 Monopolies and combinations in
restraint of trade
187 Importation and disposition of
falsely marked articles or
merchandise made of gold, silver,
or other precious metals or their
alloys
188 Subsisting and altering trade-
mark, trade-names, or service
marks
189 Unfair competition, fraudulent
registration of trade-mark, trade-
name or service mark, fraudulent
designation of origin, and false
description
The acts of falsification are the following:
1. Counterfeiting refers to money or currency;
2. Forgery refers to instruments of credit and
obligations and securities issued by the
Philippine government.
3. Falsification can only be committed on
documents.
CHAPTER 1:
FORGERIES
ARTICLE 161:
COUNTERFEITING THE SEAL OF THE
GOVERNMENT, FORGING THE SIGNATURE
OR STAMP OF THE CHIEF EXECUTIVE
PUNISHABLE ACTS:
1. Forging the Great Seal of the Government of
the Philippines;
128
2. Forging the signature of the President;
3. Forging the stamp of the President.
NOTES:
• The act punishable is counterfeiting or
making an imitation of the signature of the
Chief Executive on what is made to appear
as an official document of the Republic of the
Philippines.
• When the President’s signature is forged, it is
not falsification but forging of signature of the
Chief Executive under this article.
• However, an unauthorized use of the
genuine seal of the government or the
genuine signature of the President to the
prejudice of another person is estafa under
Article 315(2), RPC.
ARTICLE 162:
USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP
ELEMENTS: C K U
1. The Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another
person;
2. The offender knew of the counterfeiting or
forgery; and
3. He used the counterfeit seal or forged
signature or stamp.
NOTES:
• This felony is committed by the use of the
forged signature or counterfeit seal or stamp.
The offender under this article should NOT
be the forger.
• In using forged signature or stamp of the
Chief Executive, or forged seal, the
participation of the offender is in effect that of
an accessory, and although the general rule
is that he should be punished by a penalty
two degrees lower, under Article 162 he is
punished by a penalty only one degree
lower.
ARTICLE 163:
MAKING AND IMPORTING AND
UTTERING FALSE COINS
ELEMENTS:
1. There be a false or counterfeited coins;
2. The offender either made, imported or
uttered such coins; and
3. In case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers.
COIN
It is a piece of metal stamped with certain marks
and made current at a certain value (Bouvier’s
Law Dictionary, 519).
Kinds of coins which are prohibited to be
forged and counterfeited:
(a) Silver coin of the Philippines or coin of the
Central Bank of the Philippines;
(b) Coin of the minor coinage of the Philippines
or of the Central Bank of the Philippines
(NOTE: minor coins are those below ten-
centavo denomination); and
(c) Coin of the currency of a foreign country.
NOTES:
• Falsified coin need not to be a legal tender.
• Counterfeiting of coins is the imitation of
genuine coins, whether legal tender or not
(U.S vs. Basco; April11, 1906).
There must be an imitation of the peculiar
design of a genuine coin.
Counterfeiting former coins withdrawn from
circulation is NOT prohibited under Article
163.
• To import fake coins means to bring them
into port. The importation is complete before
entry at the Customs House.
• To utter means to pass counterfeited coins. It
is uttered when it is paid, when the offender
is caught counting the counterfeited coins
preparatory to the act of delivering them,
even though the utterer may not obtain the
gain he intended.
• Article 163 penalizes the making, importing,
and uttering of false coins whether of the
United State, of the Philippines, or of a
foreign country, because it is intended to
protect not only the coins legally minted in
said countries, but also the public in general.
• Mere possession of counterfeit money is
NOT a crime. To constitute a crime, the
possession must be coupled with intent to
129
 use any of such counterfeit money (Estrada,
supra.).
ARTICLE 164:
MUTILATION OF COINS
Mutilation means to take off part of the metal
either by filing it or substituting it for another
metal of inferior quality.
PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
the further requirement that there be intent to
damage or defraud another.
2. Importing or uttering such mutilated coins,
with the further requirement that there must
be connivance with the mutilator or importer
in case of uttering.
ELEMENTS:
1. The coin mutilated is legal tender;
2. Offender gains from the precious metal
extracted from the coin; and
3. It has to be a coin, not a bill.
NOTES:
• It is indispensable that the mutilated coin be
a legal tender.
The coin must be of the legal currency of the
Philippines and not of a foreign country has
not been withdrawn from the circulation.
Basis: Mutilation of coin is punished
because the coin being a legal tender is still
in circulation. Thus, if you deface a coin by
extracting or deforming it, you are
diminishing the intrinsic worth of a coin.
• There must be intention to mutilate.
• Mutilation under this Article is only applicable
to coins, not bills.
It is not a crime under the RPC to mutilate
bills because the purpose in mutilation is to
collect the precious elements or metal dust
from the coin. P.D 247 covers both coin and
bills.
ARTICLE 165:
SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE
PUNISHABLE ACTS:
1. Possession of coin, counterfeited or
mutilated by another person, with the intent
to utter the same, knowing that it is false or
mutilated.
ELEMENTS: P I K
(a) Possession;
(b) Intent to utter; and
(c) Knowledge.
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
ELEMENTS: A K
(a) Actually uttering; and
(b) Knowledge.
NOTES:
• Possession of or uttering false coin does
NOT require that the counterfeited coin is
legal tender.
But if the coin being uttered or possessed is
a mutilated coin, it must be a legal tender
coin.
• The possession prohibited in Article 165 is
possession in general, that is not only actual
possession, physical possession, but also
constructive possession or the subjection of
the thing to one’s control; otherwise,
offenders could easily evade the law by mere
expedient of placing other persons in actual
possession of the thing although retaining
the constructive possession or actual control
thereof (People vs. Andrada, 11 C.A. Rep.
147).
• Possession of the counterfeiter or mutilators
or importers of false or mutilated coins does
NOT constitute a separate offense, but is
identified with the counterfeiting, or mutilation
or importation.
• Actual uttering false or mutilated coin,
knowing it to be false or mutilated is
penalized under this article, even if the
offender was NOT in connivance with the
counterfeiter or mutilator.
• The accused must have knowledge of the
fact that the coin is false.
ARTICLE 166:
130
 COUNTERFEITING, IMPORTING, AND
UTTERING NOTES AND DOCUMENTS
PAYABLE TO BEARER
PUNISHABLE ACTS:
1. Forging or falsification of treasury or bank
notes or other documents payable to bearer;
2. Importation of such false or forged
obligations or notes; and
3. Uttering of such false or forged obligations or
notes in connivance with forgers or
importers.
TERMS:
• FORGING is committed by giving to a
treasury or bank note or any instrument
payable to bearer or to order the appearance
of a true and genuine document.
• FALSIFICATION is committed by erasing,
substituting, counterfeiting, or altering by any
means, the figures, letters, words, or signs
contained therein (Article 169).
• IMPORTATION of forged or false obligations
or notes means to bring them into the
Philippines, which presupposes that the
obligations or notes are forged or falsified in
a foreign country.
• UTTERING false or forged obligations or
notes means offering such notes knowing
them to be false or forged, whether such
offer was accepted or not, with a
representation that they are genuine and with
an intent to defraud.
Uttering forged bill must be with connivance
with the authors of the forgery to constitute a
violation of Article 166.
Covered Notes, Obligations and Securities:
(a) Treasury or bank notes;
(b) Certificates; and
(c) Other obligations and securities, payable to
bearer.
NOTES:
• The forgery contemplated by law here is that
one perpetrated to deceive the public. If the
alteration is too obvious that a person cannot
be deceived at all, there is no forgery.
• The subject matter of forgery is treasury or
bank notes. If what is forged is a document,
the crime is falsification.
• The falsification of PNB checks is not forgery
under this article but falsification of
commercial documents under Article 172 in
re Article 171.
ARTICLE 167:
COUNTERFEITING, IMPORTING, AND
UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ELEMENTS:
1. There be an instrument payable to order or
other documents of credit not payable to
bearer;
2. The offender either forged, imported, or
uttered such instrument; and
3. In case of uttering, he connived with the
forger or importer.
NOTES:
• Application of Article 167 is limited to
instrument payable to order or other
document of credit not payable to bearer.
• It is believed that this article cover
instruments or other documents of credit
issued by a foreign government or bank
because the act punished includes that of
importing, without specifying the country or
government issuing them.
• The utterer should NOT be the forger.
Connivance is not required in uttering if the
utterer is the forger for he can be liable as a
forger of the instrument.
ARTICLE 168:
ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
ELEMENTS:
1. Any treasury or bank note or certificate or
other obligation and security payable to
bearer, or any instrument payable to order or
other documents of credit not payable to
bearer is forged or falsified by another
person.
2. The offender knows that any of those
instruments is forged or falsified.
3. He performs any of these acts –
131
 (a) Using any of such forged or falsified
instruments; or
(b) Possessing with the intent to use any of
such forged or falsified instruments.
NOTES:
• Possession of false treasury or bank notes
alone is NOT a criminal offense. For it to
constitute an offense under this article,the
possession must be with the intent to use
said false treasury or bank notes (People vs.
Digoro; March 4, 1966).
The essence of forgery is giving the document
the appearance of a true and genuine document.
QUESTION:
Is the accused liable if he, instead of carrying out
his intention, disposed the forged note?
ANSWER:
NO. The law will not close the door of repentance
on him, who having set foot on the path of crime,
retraces his steps before it is too late (People vs.
Padilla, 36 O.G. 2404).

• Mere possession of false money bill, without FORGERY FALSIFICATION

intent to use it to the damage, is NOT a
crime. Forgery as used in Falsification is the
Article 169 refers to the commission of any of
• The accused must have knowledge of the falsification and the eight (8) acts
forged character of the note. counterfeiting of mentioned in Article
treasury or bank notes 171 on legislative (only
or any instrument the act of making
• The rule is that if a person had in his
payable to bearer or alteration), public or
possession a falsified document and he
order. official, commercial or
made use of it (uttered it), taking advantage
private documents, or
of it and profiting thereby, the presumption is
wireless, or telegraph
that he is the material author of the
messages.
falsification.

ARTICLE 169: FALSIFICATION

HOW FORGERY IS COMMITTED
Forgery may be committed by the following
means:
1. By giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true
and genuine document.
2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters,
words or sign contained therein.
NOTES:
• Forgery includes falsification and
counterfeiting.
• The subject of forgery should be treasury or
bank notes – if the subject of forgery were a
document other than these, the crime would
be falsification (Boado, 2008).
• Defacement, mutilation, tearing, burning or
destroying of Central Bank notes and coins is
penalized under P.D. 247.
ESSENCE OF FORGERY
FIVE CLASSES OF FALSIFICATION:
1. Falsification of legislative documents;
2. Falsification of a document by a public
officer, employee or notary public;
3. Falsification of public or official, or
commercial documents by a private
individual;
4. Falsification of a private document by any
person; and
5. Falsification of wireless, telegraph and
telephone messages.
DOCUMENT
It is any written statement by which a right is
established or an obligation is extinguished. It is
also a writing or instrument by which a fact may
be proven or affirmed. It must be of apparent
legal efficacy.
KINDS OF DOCUMENTS:
(a) Public Document– a document created,
executed, or issued by a public official in
response to the exigencies of the public
service, or in the execution of which a public
official intervened.

132
(b) Official Document – a document which is
issued by a public official in exercise of the
function of his office.
(c) Private Document – a deed or instrument
executed by a private individual without the
intervention of a notary public or other
persons legally authorized, by which
document some disposition or agreement is
proved, evidenced or set forth.
NOTE: A private document may acquire the
character of a public document when it
becomes part of official record and is
certified by a public officer duly authorized by
law.
(d) Commercial Document – any document
defined and regulated by Code of
Commerce.
ARTICLE 170:
FALSIFICATION OF LEGISLATIVE
DOCUMENTS
ELEMENTS:
1. There be a bill, resolution or ordinance
enacted or approved or pending approval by
either House of the Legislature or any
provincial board or municipal council;
2. The offender (any person) alters the same;
3. He has no proper authority therefor; and
4. The alteration has changed the meaning of
the document.
NOTES:
• The bill, resolution, or ordinance altered must
be genuine.
• The offender is any person.
If the offender is a public official entrusted
with the custody or possession of such
document Article 171 will apply.
• The act of falsification in legislative document
is limited to altering it which changes its
meaning. Hence, other acts of falsification,
even in legislative document, are punished
either under Article 171 or under Article 172.
• R.A. 248 prohibits the reprinting,
reproduction or republication of government
publications and official documents without
previous authority.
ARTICLE 171:
FALSIFICATION BY PUBLIC OFFICERS
ELEMENTS:
1. The offender is a public officer, employee or
a notary public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of
the following acts:
(a) Counterfeiting or imitating any
handwriting, signature or rubric;
(b) Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate;
(c) Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made
by them;
(d) Making untruthful statements in a
narration of facts;
(e) Altering true dates;
(f) Making any alteration or intercalation in a
genuine document which changes its
meaning;
(g) Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from,
that of the genuine original; and
(h) Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book; and
4. In case the offender is an ecclesiastical
minister, the act of falsification is committed
with respect to any record or document of
such character that its falsification may affect
the civil status of persons.
NOTES:
• Only public officer, employee, or notary to
public or ecclesiastical minister can be the
offender.
BUT, a private person who cooperates with a
public officer in the falsification of a public
document is guilty of the crime and incurs the
same liability and penalty as the public officer
(U.S. vs. Ponte; 20 Phil. 379).
• There is NO crime of attempted or frustrated
falsification of public document
133
• Alteration or changes to make the document
speak the truth do not constitute falsification
(U.S. vs. Mateo; 25 Phil. 324).
• The offender took advantage of his official
position in falsifying a document when:
(a) He has the duty to make or prepare or
otherwise to intervene in the preparation
of the document; or
(b) He has the official custody of the
document which he falsifies (People vs.
Santiago Uy; 53 O.G. 7236).
• Even if the offender was a public officer but if
he did NOT take advantage of his official
position, he would be guilty of falsification of
a document by a private person under Article
172.
• In falsification by (1) making alteration and
intercalation, or (2) including in a copy of
different statement, there must be a genuine
document that is falsified. Thus in par. 6, 7
(second part), and 8 of Article 171, the law
requires that there be a genuine document.
• In other paragraphs, falsification may be
committed by simulating or fabricating a
document.
DIFFERENT MODES OF
FALSIFICATION OF DOCUMENTS
1. Counterfeiting or imitating (feigning) any
handwriting, signature, or rubric
(a) Counterfeiting, which is imitating any
handwriting, signature or rubric;
• In counterfeiting, there is an original
signature or handwriting which is
imitated.
• An imitation is necessary but it need
not be perfect.
(b) Feigning, which is simulating a
signature, handwriting or rubric out of
one which does not in fact exist
• In feigning, there is no original
signature, handwriting or rubric, but
a forgery of a signature, handwriting
or rubric that does not exist.
• To feign means to represent by false
appearance; to give a mental
existence to; to imagine.
• Example: Drawing up an open will
purporting to have been executed in
March 1901, by one Petra Mariano
and signed by Norberto Cajucom at
her request and by attesting
witnesses, when as a matter of fact
she died on July 28, 1900, is
falsification of feigning (U.S. vs. De
Los Angeles; 04 Phil 597).
REQUISITES:
(a) There is an intent or attempt to imitate;
and
(b) The two signatures or handwritings, the
genuine and the forged, bear some
resemblance to each other (U.S. vs.
Rampas; 20 Phil. 189).
NOTE: The signature, handwriting, or mark
of another person must be signed or made
by the offender, without authority to do so.
(U.S. vs. Paraiso, 1 Phil. 66).
2. Causing it to appear that persons have
participated in an act or proceeding
REQUISITES:
(a) The offender caused it to appear in a
document that a person or persons
participated in an act or a proceeding;
and
(b) Such person or persons did not in fact so
participate in the act or proceeding.
NOTES:
• The imitation of the signature of the
offended party is NOT necessary in
falsification under par. 2, Article
171.(People vs. De la Llave, 40 O.G.
1908).
• When committed by a private individual,
Article 172 should be applied.
3. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact made
by them
REQUISITES:
(a) A person or persons participated in an
act or a proceeding;
(b) Such person or persons made
statements in that act or proceedings;
and
(c) The offender, in making document,
attributed to such person or persons
134
 statements other than those in fact made CASE:
by such person or persons. A personal data sheet (PDS) is a public
document. The petitioner stated under Item
4. Making untruthful statements in a 18 in his PDS that he passed the civil
narration of facts engineering board examination given on May
30-31, 1985 in Manila with a rating of 75.8%.
REQUISITES: Thereafter, petitioner submitted his PDS to
(a) The offender makes in a document the BTO, Legazpi City. However, the
statements in a narration of facts; petitioner did not pass the Civil Engineering
(b) He has a legal obligation to disclose the Board Examination on 1985. Is petitioner
truth of the facts narrated by him; guilty of falsification by making untruthful
(c) The facts narrated by the offender are statements in a narration of facts?
absolutely false; and
(d) The perversion of truth in the narration of HELD:
facts was made with the wrongful intent Yes. He is guilty because of the mere fact
of injuring a third person. that he stated in his PDS that he is a board
passer of civil engineering board which is
NOTES: absolutely false is (Fullero vs. People;
• There must be a narration of facts, not September 12, 2007).
conclusions of law.
5. Altering true dates
• Legal obligation means that there is a
law requiring the disclosure of the truth
NOTES:
of the facts narrated.
• Date is essential.
• The alteration of the date or dates in a
• The person making narration of facts
document must affect either the veracity
must be aware of the falsity of the facts
of the document or the effects thereof.
narrated by him. There is no falsification
• Altering dates in official receipt to
by one who acted in good faith.
prevent the discovery of malversation is
falsification
The statement in the affidavit that the
affiant was the owner of a banca which
6. Making alteration or intercalation in a
he had raised from the bottom of the
genuine document which changes its
estero by virtue of a contract with the
municipality and that it remained meaning
unclaimed, is not falsification because
REQUISITES:
she believed that he was entitled to its
(a) There be an alteration (change) or
ownership (U.S. v. San Jose; 7 Phil.
intercalation (insertion) on a document;
604).
(b) It was made on a genuine document;
(c) The alteration or intercalation has
• The narration of facts must be absolutely
changed the meaning of the documents;
false. The rule is that if the statements
and
are not altogether false, there being
(d) The change made the document speak
some colorable truth in such statements,
something false.
the crime of falsification is not deemed to
have been committed.
NOTES:
• Alteration which speaks that truth is not
• Wrongful intent is not an essential
falsification.
element when the document falsified is a
• To be an alteration in violation of the law,
public document.
it must be one “which causes the
instrument to speak a language different
• The fact that one’s consent was obtained
in legal effect from that which it originally
by means of violence does not make the
spoke.”
facts narrated therein false (U.S. vs.
Milla; 4 Phil. 391).

135
 • The alteration must affect the integrity or
change the effects of the document. The
changes must have legal effect.
7. Issuing in authenticated form a document
purporting to be a copy of an original
document when no such original exists,
or including in such a copy a statement
contrary to, or different from, that of the
genuine original
NOTES:
• The offense can only be committed by a
public officer or a notary public who
takes advantage of his official position
since the authentication of a document
can be made only by the custodian or
the one who prepared and retained the
copy of the original document.
• Intent to gain or prejudice is NOT
necessary.
8. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book
ARTICLE 172:
FALSIFICATION BY PRIVATE INDIVIDUALS
AND USE OF FALSIFIED DOCUMENTS
PUNISHABLE ACTS:
1. Falsification of public, official, or commercial
document by a private individual (Paragraph
1);
2. Falsification of private document by any
person (Paragraph 2);
3. Use of falsified document (a) judicial
proceeding or (b) in any proceeding. (Last
Paragraph).
NOTE: There is NO frustrated or attempted
falsification. Falsification is consummated the
moment the genuine document is altered of the
moment the false document is executed (Reyes,
2008).
1. Falsification of public, official, or
commercial document by a private
individual (Paragraph 1)
ELEMENTS:
1. The offender is a private individual or a
public officer or employee who did NOT take
advantage of his official position;
2. He committed any of the acts of falsification
enumerated in Article 171; and
3. The falsification was committed in a public or
official or commercial document.
NOTES:
• The possessor of a falsified document is
presumed to be the author of the falsification.
• In falsification of public or official documents,
it is NOT necessary that there be present the
idea of gain or the intent to cause damage to
a third person, for the reason that, in
contradiction to a private documents, the
principal thing punished is the violation of the
public faith and the destruction of the truth as
therein solemnly proclaimed. However,
par.no.4, making untruthful statements in a
narration of facts is an exception to this since
it requires intent to injure.
• Lack of malice or criminal intent is a defense
in the falsification of public document.
2. Falsification of private document by any
person (Paragraph 2)
ELEMENTS:
1. The offender committed any of the acts of
falsification, except those in par. 7,
enumerated in Article 171;
2. The falsification was committed in any
private document; and
3. The falsification caused damage to a third
party or at least the falsification was
committed with intent to cause such damage.
Mere falsification of private documents is
NOT enough. Two things are required:
1. He must have counterfeited the false
document;
2. He must have performed an independent act
which operates to the prejudice of a third
person.
NOTES:
• Damage need NOT be material.
• Damage to one’s honor is included.
• It is NOT necessary that the offender profited
or hoped to profit by the falsification.
RULES:
• When the offender commits on a document
any of the acts of falsification enumerated in
Article 171 as a necessary means to commit
136
 another crime like estafa, theft or
malversation, the two crimes form a complex
crime under Article 48. However, the
document falsified must be public, official, or
commercial.
• There is NO complex crime of estafa through
falsification of a private document because
the fraudulent gain obtained through deceit in
estafa, in the commission of which a private
document was falsified, is nothing more nor
less than the very damage caused by the
falsification of such document.
• There is a complex crime of falsification of
public documents through reckless
imprudence (People v. Banas, C.A. – G.R.
No. 11761-R).
• However, it depends upon the necessity of
double checking or verifying the veracity of
the documents signed by the offender. (El
Pueblo de las Islas Filipinas contra Mendoza,
C.A. – G.R. No. 7658).
• There is NO falsification of private document
through reckless imprudence since in
falsification of private document; there must
be intent to cause damage.
• Falsification is consummated the moment the
genuine document is altered or the moment
the false document is executed. It is
immaterial that the offender did not achieve
his objective.
• In order that “blank” might come within the
purview of Articles 166, 167, 171 or 172, it is
necessary that the blank spaces be filled and
the signature of a party purported to be
authorized to issue it be written by another in
the counterfeited instrument (People vs.
Santiago; 48 O.G. 4858).
FALSIFICATION OF FALSIFICATION OF
PUBLIC PRIVATE
DOCUMENTS DOCUMENTS
The principal thing Prejudice to a third
punished is the party is primarily taken
violation of public faith into account so that if
and the perversion of such damage is not
truth which the apparent, or there is at
document solemnly least no intention to
proclaims, and for this cause it, the
reason, it is immaterial falsification is not
whether or not some punishable.
prejudice has been
caused to third
persons.
3. Use of falsified document (Paragraph 3)
ELEMENTS:
1. Introducing in a judicial proceeding –
(a) Offender knew that a document was
falsified by another person;
(b) The false document is embraced in
Article 171 or in any subdivisions No.
1 or 2 of Article 172; and
(c) He introduced said document in
evidence in any judicial proceeding.
2. Use in any other transaction –
(a) Offender knew that a document was
falsified by another person;
(b) The false document is embraced in
Article 171 or in any subdivisions No.
1 or 2 of Article 172;
(c) He used such document (not in a
judicial proceeding); and
(d) The use of the false document caused
damage to another or at least it was
used with intent to cause such damage.
NOTES:
• Damage is not necessary in the crime of
introducing in judicial proceeding a false
document. HOWEVER, when a falsified
document is used in a proceeding other than
judicial, damage or at least, intent to cause
damage is essential.
• If the one who used the falsified document is
the same person who falsified it, the crime is
only falsification and the use of the same is
not a separate crime.
The user of a falsified document is deemed
the author of the falsification if:
(a) The use is so closely connected in time with
the falsification; and
(b) The user had the capacity of falsifying the
document.
ARTICLE 173:
FALSIFICATION OF WIRELESS CABLE,
TELEGRAPH, AND TELEPHONE MESSAGES,
and USE OF SAID FALSIFIED MESSAGES
PUNISHABLE ACTS:
137
1. Uttering fictitious wireless, telegraph or
telephone messages;
2. Falsifying wireless, telegraph, or telephone
messages;
ELEMENTS FOR ACTS 1 and 2:
(a) The offender is an officer or employee of
the Government or an officer or
employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone
messages; and
(b) Offender commits any of the following
acts:
(1) Uttering fictitious wireless, cable,
telegraph or telephone messages; or
(2) Falsifying wireless, cable, telegraphs
or telephone messages.
3. Using such falsified messages.
ELEMENTS FOR ACT 3:
(a) The accused knew that wireless, cable,
telegraph or telephone messages was
falsified by any of the persons specified
in the first paragraph of Article 173;
(b) The accused used such falsified
dispatch;
(c) The use of the falsified dispatch resulted
in the prejudice of a third party, or that
the use thereof was with the intent to
cause prejudice.
NOTES:
• The public officer, to be liable, must be
engaged in the service of sending or
receiving wireless, cable, telegraph, or
telephone message.
• Section 4, Act No. 1851, punishes private
individual who forge or alter telegram.
• For uttering or falsifying, a private individual
may be a principal by inducement but not
direct participation. For use of a falsified
message, the offender may be any person.
ARTICLE 174:
FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATE OF MERIT OR SERVICE, ETC.
CERTIFICATE
Certificate is any writing by which testimony is
given that a fact has or has not taken place
(Bouvier’s Law Dictionary, p. 442).
PERSONS LIABLE:
1. Physician or surgeon who, in connection with
the practice of his profession, issued a false
certificate. (NOTE: It must refer to the illness
or injury of a person.)
2. Public officer who issues a false certificate of
merit or service, good conduct or similar
circumstances.
3. Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1 and
2.
NOTES:
• The falsification of the certificate of large
cattle is NOT covered by Article 174.
Certificate of large cattle is a public
document and its falsification is covered by
Article 171 or 172, depending on whether the
offender is a public officer or a private
individual.
• The phrase “or similar circumstances” does
NOT seem to cover property, because the
circumstance contemplated must be similar
to merit, service, or good conduct.
ARTICLE 175:
USING FALSE CERTIFICATES
ELEMENTS:
1. A physician or surgeon had issued a false
medical certificate, or a public officer had
issued a false certificate of merit or service,
good conduct, or similar circumstances, or a
private person had falsified any of the said
certificates;
2. The offender knew that the certificate was
false.
3. He used the same.
NOTE:
• When any of the false certificates mentioned
in Article 174 is used in a judicial proceeding,
Article 172 does NOT apply because the use
of false document in judicial proceeding
under Article 172 is limited to those false
documents embraced in Articles 171 and
172.
ARTICLE 176:
MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION
PUNISHABLE ACTS:
138
1. Making or introducing into the Philippines
any stamps, dies, marks or other instruments
or implements for counterfeiting or
falsification.
2. Possessing with the intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.
NOTES:
• The implements confiscated need not form a
complete set for counterfeiting, it being
enough that they may be employed by
themselves or together with other
implements to commit the crime of
counterfeiting or falsification.
• The possession prohibited in Articles 165
and 176 is possession in general that is not
only actual, physical possession, but also
constructive possession or the subjection of
the thing to one’s control.
EXAMPLES:
1. A person who manufactured a seal in
imitation of the seal of Lipa, Batangas for
making false certificates for the transfer of
livestock, is guilty of making instrument for
falsification of certificates. (U.S. v. Angeles; 6
Phil. 435).
2. A person who possessed an iron brand to be
used in falsifying the official brand of a
municipality for cattle branding, is guilty of
illegal possession of instrument for
falsification (People v. Magpale; 70 Phil.
177).
ARTICLE 177:
USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS
TWO OFFENSES:
1. Usurpation of authority; and
2. Usurpation of official functions.
TWO WAYS OF COMMISSION:
1. By knowingly and falsely representing
oneself to be an officer, agent or
representative of any department or agency
of the Philippine Government or any foreign
government.
NOTE: The mere act of knowingly and
falsely representing one self to be an officer
is sufficient. It is NOT necessary that he
performs an act pertaining to a public officer.
2. By performing any act pertaining to any
person in authority or public officer of the
Philippine Government or of a foreign
government or any agency thereof, under
pretense of official position, and without
being lawfully entitled to do so.
NOTES:
• It is essential that the offender should
have performed an act pertaining to a
person in authority or public officer.
• It is necessary that he represents himself
to be an officer, agent or representative
of any department or agency of the
government.
There must be a positive, express, and
explicit representation.
NOTES:
• Article 177 may be violated by a public
officer.
• Article 177 punishes the usurper who acts
under false pretense and NOT the occupant
under color of title.
• USURPER
It is one who introduces himself into an office
that is vacant or who without color of title,
ousts the incumbent and assumes to act as
an officer by exercising some of the functions
of the office.
• R.A. 75 provides a penalty for usurping the
authority of diplomatic or consular or any
other official of a foreign government in
addition to the penalties imposed under the
RPC.
NOTE: The offender must have the intent to
defraud either government.
The acts performed must pertain:
(a) To the Government;
(b) To any person in authority;
(c) To any public officer.
• Under Sec.1, R.A. 10, “any person who with
or without pretense of official position, shall
perform any act pertaining to the
Government, or any person in authority or
public officer, without being lawfully entitled
139
 to do so shall be punished with imprisonment or to cause damage.
for not less than two years, nor more than
Subject is only the name Subject is both the
ten years.”
of the person. name and other
personal
NOTE: R.A. 10 applies ONLY to members of
circumstances.
seditious organization engaged in subversive
activities.
ANTI–ALIAS LAW
ARTICLE 178: (C.A. 142, as amended by R.A. 6085)
USING FICTITIOUS and
CONCEALING TRUE NAME PROHIBITION:
No person shall use any name different from the
PROHIBITED ACTS: one with which he was registered at birth in the
office of the local civil registry, or with which he
1. USING FICTITIOUS NAME was baptized for the first time, or, in case of an
alien, with which he was registered in the Bureau
ELEMENTS: of Immigration upon entry; or such substitute
1. The offender uses a name other than his name as may have been authorized by a
real name; competent court (Section 1).
2. He uses that fictitious name publicly; and
3. The purpose of the offender is to EXCEPTION:
(a) Conceal a crime; Except as a pseudonym solely for literary,
(b) To evade execution of a judgment; cinema, television, radio or other entertainment
or purposes and in athletic events where the use of
(c) To cause damage to public interest. pseudonym is a normally accepted practice.

FICTITIOUS NAME Any person desiring to use an alias shall apply

It is any other name which a person publicly for authority therefor in proceedings like those
applies to himself without the authority of legally provided to obtain judicial authority for a
law. change of name, and no person shall be allowed
to secure such judicial authority for more than
NOTE: If the purpose is for causing damage, one alias (Section 2, R.A. 6085).
it must be damage to public interest. If it is
damage to private interest, the crime will be ARTICLE 179:
estafa under Article 315, subdivision 2, par. ILLEGAL USE OF UNIFORMS OR INSIGNIA
(a).
ELEMENTS:
2. CONCEALING TRUE NAME 1. The offender makes use of insignia, uniform,
or dress;
ELEMENTS: 2. The insignia, uniform or dress pertains to an
1. The offender conceals : office not held by the offender or to a class of
(a) His true names; and persons of which he is not a member; and
(b) All other personal circumstances; 3. The said insignia, uniform or dress is used
and publicly and improperly.
2. The purpose is only to conceal his
identity. NOTES:
• Wearing the uniform of an imaginary office is
USE OF CONCEALING NOT punishable.
FICTITIOUS NAME TRUE NAME
• An exact imitation of a uniform or dress is
Element of publicity must Element of publicity
unnecessary. A colorable resemblance
be present. is not necessary.
calculated to deceive the common run of
Purpose is any of the Purpose is merely to people – not those thoroughly familiar with
following, to conceal a conceal identity. every detail or accessory thereof – is
crime, to evade the sufficient.
execution of a judgment

140
• “Improper use of uniform” means that the
offender has no right to use the uniform or
insignia.
• R.A. 75 punishes the unauthorized wearing
of uniform, decoration, or regalia of foreign
State.
• R.A. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of
the Armed Forces of the Philippines or
Constabulary.
• E.O. 297 punishes the illegal manufacture,
sale, distribution and use of PNP uniforms,
insignias and other accoutrements.
ARTICLE 180:
FALSE TESTIMONY AGAINST A DEFENDANT
ELEMENTS:
1. There be a criminal proceeding;
2. The offender testifies falsely under oath
against the defendant therein;
3. The offender who gives false testimony
knows that it is false;
4. The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment. (NOTE:
Prescriptive period starts at this point.)
NATURE OF THE CRIME:
It is particularly odious when committed in judicial
proceedings, as it constitute an imposition upon
the court and seriously exposes it to a
miscarriage of justice (People vs. Reyes; C.A. 48
O.G. 1837).
FALSE TESTIMONY
It is a declaration under oath of a witness in a
judicial proceeding which is contrary to what is
true, or to deny or to alter the essential truth.
It is committed by a person who, being under
oath and required to testify as to the truth of a
certain matter at a hearing before a competent
authority, shall deny the truth or say something
contrary to it.
THREE FORMS OF FALSE TESTIMONY:
1. False testimony in criminal cases;
2. False testimony in civil cases; and
3. False testimony in other cases.
NOTES:
• Penalty depends upon the sentence of the
defendant against whom false testimony was
given.
• The four cases enumerated in Article 180
presuppose a final judgment or conviction or
acquittal in the basic case as a prerequisite
to the actionability of the crime of false
testimony against the defendant.
• Defendant must be sentenced at least to:
(a) A correctional penalty; or
(b) A fine; or
(c) Acquitted.
• Violation of this article requires criminal
intent. Hence, it CANNOT be committed
through negligence.
• The witness who gave false testimony is
liable even if his testimony was not
considered by the court in acquitting or
convicting the accused.
ARTICLE 181:
FALSE TESTIMONY FAVORABLE
TO THE DEFENDANTS
ELEMENTS:
1. A person gives false testimony;
2. Testimony is in favor of the defendant; and
3. It was given in a criminal case.
NOTES:
• False testimony is punished not because of
the effect it actually produces, but because of
its tendency to favor or prejudice the
defendant.
• The false testimony in favor of the defendant
need not directly influence the decision of
acquittal. It is sufficient that the false
testimony was the intent to favor the
defendant.
• A statement of mere opinion is NOT
punishable.
• Conviction or acquittal of defendant (final
judgment) in principal case is NOT
necessary. It is sufficient that the defendant
is prosecuted for a felony punishable by
afflictive or other penalty.
141
• The defendant who falsely testified on his the determination of the falsity of the subject
own behalf in a criminal case is guilty of false testimonies in the civil case, the criminal
testimony favorable to the defendant (U.S. action for false testimony must be
vs. Soliman; 36 Phil. 5). suspended.

NOTE: The Soliman ruling shall apply ONLY • The basis of the penalty is the amount
when the defendant voluntarily goes upon involved in the civil case.
the witness stand and falsely imputes to
some other person the commission of a PERJURY FALSE TESTIMONY
grave offense. If he merely denies the It is given in non- It is given in a judicial
commission of the crime or his participation judicial proceedings. proceeding.
therein, he should not be prosecuted for false
Statement or Testimony need not be
testimony.
testimony is required required by law.
by law.
• Ratification made spontaneously after
realizing the mistake is not false testimony. Amount involved is not Amount involved in civil
material. cases is material.
ARTICLE 182: Immaterial whether It is always material in
FALSE TESTIMONY IN CIVIL CASES statement or testimony criminal cases.
is favorable or not to
ELEMENTS: the accused.
1. The testimony must be given in a civil case;
2. The testimony must relate to the issues ARTICLE 183:
presented in said case; FALSE TESTIMONY IN OTHER CASES AND
3. The testimony must be false; PERJURY IN SOLEMN AFFIRMATION
4. The false testimony must be given by the
defendant knowing the same to be false; and TWO WAYS OF COMMITTING PERJURY:
5. The testimony must be malicious and given 1. By falsely testifying under oath; and
with an intent to affect the issues presented 2. By making a false affidavit.
in said case (U.S. vs. Aragon; 5 Phil. 469).
NOTE: Falsely testifying under oath should NOT
EXAMPLE: be in a judicial proceeding; otherwise, the crime
During the trial court of Civil Case No. 1692 in would be false testimony. Special proceeding,
the Court of First Instance of Iloilo, wherein Juan which is non-adversarial in character, is an
Abraham, Jr. sued Vasquez for some nine exception to this.
thousand and odd pesos, the balance due on
account, the latter produced an alleged receipt PERJURY
for P 8,700 which he alleged had been signed It is an offense which covers false oaths other
and delivered to him by Abraham Jr. and testified than those taken in the course of judicial
under oath that he had paid him this amount. The proceedings.
receipt was not genuine and Vasquez had not
paid the P8,700 (U.S. v. Vasquez; 26 Phil. 480). ELEMENTS OF PERJURY: S C W R
1. The accused made a statement under oath
NOTES: or executed an affidavit upon a material
• Article 182 applies ONLY to ordinary civil matter;
cases, as contemplated in Sec. 1, Rule 2, 2. The statement or affidavit was made before a
ROC, and does NOT apply to special competent officer, authorized to receive and
proceedings, which may fall under the administer oath;
category of “other cases” contemplated in 3. In that statement or affidavit, the accused
Article 183. made a willful and deliberate assertion of a
falsehood; and
• This does NOT apply to special civil actions. 4. The sworn statement or affidavit containing
the falsity is required by law.
• The question of the falsity of the subject
testimonies is a prejudicial question. Pending OATH

142
It is any form of attestation by which a person
signifies that he is bound in conscience to
perform an act faithfully and truthfully. It involves
the idea of calling on God to witness what is
averred as truth, and it is supposed to be
accompanied with an invocation of His
vengeance, or a renunciation of His favor, in the
event of falsehood.
AFFIDAVIT
It is a sworn statement in writing – a declaration
in writing, made upon oath before an authorized
magistrate or officer.
MATERIAL MATTER
It is the main fact which is the subject of the
inquiry or any circumstance which tends to prove
that fact or any fact or circumstance which tends
to corroborate or strengthen the testimony
relative to the subject of inquiry, or which
legitimately affects the credit of any witness who
testifies.
• In order that the perjury could exist, it is
necessary that the false statement refers to
material matter and NOT merely to facts
pertinent to the case.
• TEST OF MATERIALITY:
Whether a false testimony can influence the
tribunal, not whether it does, or could
probably influence the result of the trial.
(a) Material – when it is directed to prove a
fact in issue.
(b) Relevant – when it tends in any
reasonable degree to establish the
probability or improbability of a fact in
issue.
(c) Pertinent – when it concerns collateral
matters which make more or less
probable the proposition at issue.
NOTES:
• A competent person authorized to administer
oath is person who has a right to inquire into
the questions presented to him upon matters
under his jurisdiction.
• The assertion of falsehood must be willful
and deliberate.
• Good faith or lack of malice is a defense in
perjury.
• Two contradictory sworn statements are
NOT sufficient to convict a person of perjury.
The prosecution must prove which of the two
statements is false and must show that
statement to be false by other evidence other
than the contradictory statement.
ADDITIONAL NOTES:
• The testimony or affidavit must have been
made to comply with a legal requirement, i.e.
it must be required by law and must be
required to be under oath. (Saavedra, Jr. v.
Court of Appeals; 44 SCAD 822).
• If the document is not required to be under
oath, even if it were sworn to or notarized,
perjury is still not committed because perjury
requires that the oath be a legal requirement.
• If the testimony is not under oath, the crime
is falsification. If the signature is forged, there
is still no perjury but there is falsification.
Therefore, the essential elements to make
the statement perjury and not falsification are
that it must be under oath and there is falsity
in the statement made.
SUBORNATION OF PERJURY
It is committed by a person who knowingly and
willfully procures another to swear falsely and the
witness suborned does testify under
circumstances rendering him guilty of perjury
(U.S. vs. Ballena; 18 Phil. 382).
NOTE: Subordination of perjury is NOT
expressly penalized under the RPC but the direct
induction of a person by another to commit
perjury maybe punished under Article 183 in
relation to Article 17.
ARTICLE 184:
OFFERING FALSE TESTIMONY
IN EVIDENCE
ELEMENTS:
1. The offender offered in evidence a false
witness or false testimony;
2. He knows the witness or testimony was
false;
3. The offer was made in a judicial or official
proceeding.
NOTES:
143
• Article 184 where a person, without inducing
another, but knowing him to be a false
witness, presented him and the latter falsely
testified in judicial or official proceedings. If
there is an inducement, Articles 180,
181,182, or 183 in relation to Article 7, par. 2,
will apply.
• Penalty is that for false testimony if
committed in judicial proceeding or that for
perjury if committed in other official
proceedings.
• Article 184 punishes mere offering of a false
testimony or false witness. The conviction of
the perjurer is unnecessary, unlike in
subordination. The witness may not have
actually perjured but the offeror is still liable
for having offered the false witness.
FRAUDS
ARTICLE 185:
MACHINATIONS IN PUBLIC AUCTION
Rationale: Execution sales should be opened to
free and full competition in order to secure the
maximum benefit for the debtors.
PUNISHABLE ACTS:
1. Soliciting any gift or promise as a
consideration for refraining from taking part
in the public auction.
ELEMENTS:
(a) There be a public auction;
(b) The accused solicited any gift or a
promise from any of the bidders;
(c) Such gift or promise was the
consideration for his refraining from
taking part in that public auction; and
(d) The accused had the intent to cause the
reduction of the price of the thing
auctioned.
NOTES:
• It is committed by mere solicitation of gift
or promise as consideration for not
bidding.
• If the person to whom the solicitation is
made agrees to pay or gives gift or
makes a promise, then he will be a
principal in the crime. His act will be
similar to the second way of committing
the crime.
2. Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any artifice.
ELEMENTS:
(a) There be a public auction;
(b) The accused attempted to cause the
bidders to stay away from that public
auction;
(c) It was done by threats, gifts, promises, or
any other artifice; and
(d) The accused had the intent to cause the
reduction of the price of the thing
auctioned.
NOTES:
• Mere attempt consummates the crime.
The threat need not be effective nor the
offer or gift accepted. There is no crime
of attempted or frustrated machination in
public auction.
• There should be intention to reduce
price.
ARTICLE 186:
MONOPOLIES AND COMBINATION IN
RESTRAINT OF TRADE
PUNISHABLE ACTS:
1. Combination to prevent free competition in
the market.
(a) By entering into any contract or
agreement or taking part in any
conspiracy or combination in the form of
trust or otherwise;
(b) In restraint of trade or commerce or to
prevent by artificial means free
competition in the market.
2. Monopoly to restrain free competition in the
market.
(a) By monopolizing any merchandize or
objects of trade or commerce, or by
combining with any other person or
persons to monopolize said merchandize
or object;
(b) In order to alter the prices thereof by
spreading false rumors or making use of
any other artifice; and
(c) To restrain free competition in the
market.
144
3. Manufacturer, producer, or processor, or consisting in the other form of association,
importer combining, conspiring or agreeing exclusive right or for the purpose of unduly
with any person to make transactions power to carry on a restricting competition,
prejudicial to lawful commerce or to increase particular article or monopolizing trade and
the market price of merchandise. control the sale or commerce in a certain
the whole supply of commodity, controlling its
(a) Manufacturer, producer, processor or a particular production, distribution
importer of any merchandise or object of commodity. and price, or otherwise
commerce; interfering with freedom
(b) Combines, conspires or agrees with any of trade without authority.
person; and Monopoly refers to Combination in restraint
(c) Purpose is to make transactions end. of trade refers to means.
prejudicial to lawful commerce or to
increase the market price of any
THE PERSON LIABLE IS THE:
merchandise or object of commerce
1. Manufacturer;
manufactured, produced, processed,
2. Producer;
assembled or imported into the
3. Processor; or
Philippines.
4. Importer of any merchandise or object of
commerce.
NOTES:
• Acts 1 and 2 can be committed by any
THE CRIME IS COMMITTED BY:
person, while Act 3 can only be committed by
1. Combining;
a manufacturer, producer, processor, or
2. Conspiring; or
importer.
3. Agreeing with any person.
• If the offense affects any food substance,
motor fuel or lubricants, or other articles of PURPOSES:
prime necessity, it is NOT necessary that 1. To make transactions prejudicial to lawful
there be conspiracy; mere initial steps commerce, or ;
towards hoarding, combination, or monopoly 2. To increase the market price of any
will give rise to the crime. merchandise or object of commerce
manufactured, produced, processed,
PROBLEM: assembled, or imported into the Philippines.
Shell, Petron, and Caltex projected an increase
in the price of gas and oil in the world market, so NOTES:
they conspired and combined to hoard their • Any property possessed under any contract
stocks so come the next month, the price of or combination contemplated in this article,
these stocked oil will also go up. (1) What crime shall be forfeited by Government (Par. 3,
or crimes are committed by the companies? (2) Article 186).
Who will be held liable?
• Mere conspiracy or combination is punished.
ANSWERS:
(1) Monopolies and combinations in restraint of • If the offense affects any food substance or
trade under Article 186 are committed. other article of prime necessity, it is sufficient
that initial steps have been taken in carrying
(2) The president or managers or directors out the purpose of combination.
thereof who knowingly committed or failed to
prevent the commission of the said crime will be
• When the offense is committed by a
held liable.
corporation or association, the president and
each one of the directors or managers are
MONOPOLY COMBINATION liable. BUT, they are liable only when they:
It is the privilege or It is an agreement or (a) Knowingly permitted; or
peculiar advantage understanding between (b) Failed to prevent the commission of such
vested in one or two or more persons, in offense.
more persons or the form of contract, trust,
companies, pool, holding company or THE PRICE ACT

145
 (Republic Act No. 7581)
The Price Act declares it unlawful for any person
habitually engaged in the production,
manufacture, importation, storage, transport,
distribution, sale or other methods of disposition
of goods to engage in the following acts of price
manipulation of the price of any basic necessity
or prime commodity:
1. HORDING
(a) The undue accumulation by a person or
combination of persons of any basic
commodity beyond his or their normal
inventory levels; or
(b) The unreasonable limitation or refusal to
dispose of, sell or distribute the stocks of
any basic necessity of prime commodity
to the general public; or
(c) The unjustified taking out any basic
necessity or prime commodity from the
channels of reproduction, trade,
commerce and industry.
2. PROFITEERING
The sale or offering for sale of any basic
necessity or prime commodity at a price
grossly in excess of its true worth.
3. CARTEL
Any combination of or agreement between
two (2) or more persons engaged in the
production, manufacture, processing,
storage, supply, distribution, marketing, sale
or disposition of any basic necessity or prime
commodity designed to artificially and
unreasonably increase or manipulate its
price (Section 5). (Reyes, supra., p. 283-
284).
ARTICLE 187:
IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR
OTHER PRECIOUS METALS
OR THEIR ALLOYS
Articles or Merchandise Involved:
1. Gold;
2. Silver;
3. Other precious metals; or
4. Their alloys.
ELEMENTS:
1. The offender imports, sells, or disposes of
any of those articles or merchandise articles
made of gold, silver, or other precious metals
or their alloys;
2. The stamps, brands, or marks of those
articles or merchandise fail to indicate the
actual fineness or quality of said metals or
alloys; and
3. The offender knows that the stamps, brands,
or marks fail to indicate the actual fineness or
quality of the metals or alloys.
NOTES:
• Selling misbranded articles is not necessary.
But there must be evidence showing that the
articles were imported.
• Article 187 does NOT apply to manufacturer
of misbranded articles made of gold, silver,
etc. The manufacturer is liable for estafa
under Article 315, subdivision 2(b) of the
Code.
Intellectual Property Code of the Philippines
(R.A. No. 8293) repealed the provisions of
Articles 188 and 189 of the RPC which are
inconsistent therewith.
ARTICLES 188–189
The Intellectual Property Code of the
Philippines (R.A. 8293) repealed the provisions
of Articles 188 and 189 which are inconsistent
therewith.
ARTICLE 188:
SUBSTITUTING AND ALTERING
TRADEMARKS, TRADENAMES, OR SERVICE
MARKS
PUNISHABLE ACTS:
1. By (1) substituting the trade name or
trademark of some other manufacturer or
dealer, or a colorable imitation thereof, for
the trade name or trademark of the real
manufacturer or dealer upon any article of
commerce, and (2) selling the same.
2. By selling or by offering for sale such articles
of commerce, knowing that the trade name
or trademark has been fraudulently used.
3. By using or substituting the service mark of
some other person or a colorable imitation of
146
 such mark, in the sale or advertising of his
services.
4. By printing, lithographing, reproducing trade
name, trademark, or service mark of one
person, or a colorable imitation thereof, to
enable another person to fraudulently use
the same, knowing the fraudulent purpose for
which it is to be used.
ARTICLE 189:
UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADENAME,
TRADEMARK, SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN,
AND FALSE DESCRIPTION
PUNISHABLE ACTS:
1. Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer.
2. Fraudulent designation of origin; false
description by affixing to his goods or using
in connection with his services a false
designation of origin; or any false description
or representation, and selling such goods or
services.
3. Fraudulent registration by procuring
fraudulently from the patent office the
registration of trademark or service mark.
ELEMENTS:
1. The offender gives his goods the general
appearance of the goods of another
manufacturer or dealer;
2. The general appearance is shown in the
goods themselves, or in the wrapping of their
packages, or in the device or words therein,
or in any other feature of their appearance;
3. The offender offers to sell or sells those
goods or gives other persons a chance or
opportunity to do the same with a like
purpose; and
4. There is actual intent to deceive the public or
defraud a competitor.
TEST OF UNFAIR COMPETITION:
The true test of unfair competition is whether
certain goods have been clothed with an
appearance which is likely to deceive the
ordinary purchaser exercising ordinary care (U.S.
vs. Manuel; 7 Phil. 221).
THE NEW PUBLIC BIDDING LAW
(Republic Act No. 9184)
PROHIBITED ACTS:
1. Public officers who commit any of the
following:
(a) Open any sealed bid including but not
limited to bids that may have been
submitted through the electronic system
and any and all documents required to
be sealed or divulging their contents,
prior to the appointed time for the public
opening of Bids or other documents.
(b) Delaying, without justifiable cause, the
screening for eligibility, opening of bids,
evaluation and post evaluation of bids,
and awarding of contracts beyond the
prescribed periods of Bids or other
documents.
(c) Unduly influencing or exerting undue
pressure on any member of the BAC or
any officer or employee of the procuring
entity to take a particular bidder.
(d) Splitting of contracts which exceed
procedural purchase limits and
competitive bidding.
(e) When the head of the agency abuses the
exercise of his power to reject any and
all bids as mentioned under Section 41
of this Act with manifest preference to
any bidder who is closely related to him
in accordance with Section 47 of this Act.
NOTES:
• When any of the foregoing acts is done in
collusion with private individuals, the private
individuals shall likewise be liable.
• In addition, the public officer involved shall
also suffer the penalty of temporary
disqualification from public office, while the
private individual shall be permanently
disqualified from transacting business with
the government.
2. Private individuals who commit any of the
following acts, including any public officer,
who conspires with them:
(a) When two or more bidders agree and
submit different Bids as if they were
bona fide, when they knew that one or
more of them was so much higher than
the other that it could not be honestly
accepted and that the contract will surely
be awarded to the pre-arranged lowest
Bid.
(b) When a bidder maliciously submits
different Bids through two or more
147
 persons, corporations, partnerships or performance security, preparatory to the
any other business entity in which he has final award of the contract.
interest of create the appearance of
competition that does not in fact exist so 4. When the bidder is a juridical entity, criminal
as to be adjudged as the winning bidder. liability and the accessory penalties shall be
(c) When two or more bidders enter into an imposed on its directors, officers or
agreement which call upon one to refrain employees who actually commit any of the
from bidding for Procurement contracts, foregoing acts (Section 65).
or which call for withdrawal of bids
already submitted, or which are
otherwise intended to secure as undue
advantage to any one of them.
(d) When a bidder, by himself or in
connivance with others, employ schemes
which tend to restrain the natural rivalry
of the parties or operates to stifle or
suppress competition and thus produce
a result disadvantageous to the public.

NOTE: The persons involved shall also

suffer the penalty of temporary or perpetual
disqualification from public office and be
permanently disqualified from transacting
business with the government.

3. Private individuals who commit any of the

following acts, and any public officer
conspiring with them:

(a) Submit eligibility requirements of

whatever kind and nature that contain
false information or falsified documents
calculated to influence the outcome of
the eligibility screening process or
conceal such information in the eligibility
requirements when the information will
lead to a declaration of ineligibility from
participating in public bidding.
(b) Submit Bidding Documents of whatever
kind and nature than contain false
information or falsified documents or
conceal such information in the Bidding
Documents, in order to influence the
outcome of the public bidding.
(c) Participate in a public bidding using the
name of another or allow another to use
one's name for the purpose of
participating in a public bidding.
(d) Withdraw a Bid, after it shall have
qualified as the Lowest Calculated
Bid/Highest Rated Bid, or to accept and
award, without just cause or for the
purpose of forcing the Procuring Entity to
award the contract to another bidder.
This shall include the non-submission of
requirements such as, but not limited to,

148
 TITLE FIVE:
CRIMES RELATIVE TO OPIUM AND 2. Sale, trading, administration,
OTHER PROHIBITED DRUGS* dispensation, delivery, distribution and
transportation of dangerous drugs and/or
controlled precursors and essential
*Article 190–194, Revised Penal Code were
chemicals(Section 5)
repealed by R.A. 6425 (The Dangerous Drugs
Act of 1972) which took effect on March 30, 1972
NOTES:
(Sec. 42), as amended by P.D. 1683 and further
• Persons Liable:
amended by R.A. 7659.
(a) The person selling, trading,
administering, dispensing, delivering,
COMPREHENSIVE distributing, transporting or
DANGEROUS DRUGS ACT dispatching in transit;
(Republic Act No. 9165) (b) Broker;
(c) Organizer;
NOTE: This act repealed the provisions under (d) Manager;
Title V, RPC. Crimes relative to prohibited drugs (e) Financier; and
are now covered under this act. (f) Protector or coddler.

NON-APPLICABILITY OF RPC • Circumstances warranting the

General Rule: Notwithstanding any law, rule or imposition of maximum penalty:
regulation to the contrary, the provisions of the (a) Transaction transpires within 100
RPC, as amended, shall NOT apply. meters from the school;
(b) Use of minors or mentally
Exception: Where the offender is a minor, the incapacitated individuals as runners,
penalty for acts punishable by life imprisonment couriers, messengers;
to death provided herein shall be reclusion (c) Victim is a minor or a mentally
perpetua to death. incapacitated individual;
(d) Dangerous drug or controlled
PROHIBITED ACTS precursor or essential chemical is
the proximate cause of the death of
1. Importation of dangerous drugs and/or victim; and
controlled precursors and essential (e) Offender acted as organizer,
chemicals (Section 4) manager, or financier.

NOTES: • In actions involving the illegal sale of

• There is violation regardless of the dangerous drugs, the following elements
quantity or purity involved. must first be established:
(a) Proof that the transaction or sale
• Persons Liable: actually took place, and
(a) Importer; (b) The presentation in court of the
(b) Organizer; corpus delicti or the illicit drug as
(c) Manager; evidence (People v. Morales; March
(d) Financier; and 19, 2010).
(e) Protector or coddler.
NOTE: The prosecution does not
• Circumstances warranting the comply with the indispensable
imposition of maximum penalty: requirement of proving the violation
(a) Importing such items through the use of Section 5, R.A. 9165 when the
of a diplomatic passport, diplomatic dangerous drugs are missing but
facilities, or any other means also when there are substantial gaps
involving an offenders’ official status in the chain of custody of the seized
intended to facilitate unlawful entry of dangerous drugs (People v.
the same; and Mendoza; June 23, 2014).
(b) Offender acted as organizer,
manager, or financier.

149
 • In order to successfully prosecute an
accused for illegal sale of dangerous
drugs, the prosecution must be able to
prove the following elements:
(a) Identities of the buyer and seller, the
object, and the consideration; and
(b) The delivery of the thing sold and the
payment therefore (People vs.
Opiana; January 12, 2015).
3. Maintenance of a den, dive or resort
where any dangerous drug, controlled
precursor and essential chemical is used
or sold in any form(Section 6)
NOTES:
• Opium Dive or Resort
It is a place where any dangerous drug
and/or controlled precursor and essential
chemical is administered, delivered,
stored for illegal purposes, distributed,
sold, or used in any form.
• Circumstances warranting imposition
of the maximum penalty:
(a) Drug is administered, delivered, or
sold to a minor, who is allowed to
use the same in such places; and
(b) Offender is the organizer, the
manager or the financier.
• Circumstances raising the penalty to
death and a fine of P1 M – P15 M:
(a) Dangerous drug is the proximate
cause of the death of person using
such place; and
(b) Offender is the maintainer, owner or
operator.
• If such den, dive, resort is owned by a
third person, the same shall be
confiscated and escheated in favor of the
government.
It is required that:
(a) It must be alleged that the place was
intentionally used in furtherance of
the crime;
(b) The prosecution must prove such
intent; and
(c) Owner must be included as an
accused in the criminal complaint.
• Persons Liable:
(a) Owner of the den, dive or resort;
(b) Organizer, manager, or financier;
(c) Protector or coddler;
(d) Any employee who is aware of the
nature of the place; and
(e) Any person who is aware of the
nature of the place as such and shall
knowingly visit the same.
4. Being employees or visitors of a drug
den, dive or resort(Section 7)
NOTE:
• Persons Liable:
(a) Any employee of the den, dive or
resort who is aware of the nature of
the place; and
(b) Any person who is aware of the
nature of the place as such and shall
knowingly visit the same.
5. Manufacture of dangerous drugs and/or
controlled precursors and essential
chemicals(Section 8)
NOTE:
• Presumption:
Presence of any controlled
precursor/essential chemical or
laboratory equipment in a clandestine
laboratory is prima facie proof of
manufacture of any dangerous drugs.
• Persons Liable:
(a) Manufacturer;
(b) Organizer;
(c) Manager;
(d) Financier; and
(e) Protector or coddler.
• It shall be considered an aggravating
circumstance if the clandestine
laboratory is undertaken or established
under the following circumstances:
(a) It is conducted in the presence or
with the help of minors:
(b) It is located within 100 meters of a
residential, business, church or
school premises;
(c) Clandestine laboratory is secured or
protected with booby traps;
(d) It is concealed with legitimate
business operations; or
(e) It employs a practitioner, chemical
engineer, public official or foreigner.
• Qualifying Circumstance:
150
 Offender acted as organizer, manager, evidence of knowledge and animus
or financier. possidendi.

6. Illegal chemical diversion of controlled Animus possidendi is prima facie

precursors and essential presumed from possession and may be
chemicals(Section 9) rebutted by evidence that the accused
did not exercise power or control over
NOTE: the illicit drug.
• Those who are authorized by law are
NOT liable under this section. • Possession includes actual and
constructive possession.
• Maximum penalty shall be imposed if a
minor or a mentally incapacitated person • Violation exists regardless of the quantity
is used to deliver; or purity involved.

• What is punished is present possession,

7. Manufacture or delivery of equipment, not past possession.
instrument, apparatus, and other
paraphernalia for dangerous • It is NOT necessary to allege in
drugs(Section 10) information that accused is not
authorized to possess.
NOTES:
• Punishable Acts: • Penalty to be imposed depends upon the
(a) Delivery; quantity of prohibited drug or article
(b) Possession with intent to deliver; or possessed.
(c) Manufacture with intent to deliver.
• Defense of frame-up is viewed with
• It is required that the accused knows, or disfavor (Cupcupin vs. People;
under circumstances where one November 19, 2002).
reasonably should know, that it will be
used to plant, propagate, cultivate, grow, 9. Possession of equipment, instrument,
harvest, manufacture, compound, apparatus and other paraphernalia for
convert, produce, process, prepare, test, dangerous drugs (Section 12)
analyze, pack, repack, store, contain or
conceal any dangerous drug. ELEMENTS:
(a) Possession or control by the accused of
• Maximum penalty shall be imposed if a any equipment, apparatus or other
minor or mentally incapacitated person paraphernalia fit or intended for smoking,
was used to deliver such equipment. consuming, administering, injecting,
ingesting, or introducing any dangerous
8. Possession of dangerous drugs(Section drug into the body; and
11) (b) Such possession is NOT authorized by
law (People vs. Mariano; November 14,
ELEMENTS: 2012).
(a) The accused is in possession of the
object identified as a prohibited or NOTE:
regulated drug; • Possession of such equipment,
(b) Such possession is not authorized by instrument, apparatus and other
law; and paraphernalia is prima facie evidence
(c) The accused freely and consciously that the possessor has smoked,
possessed the said drug (People vs. consumed, administered, injected or
Opiana; January 12, 2015). ingested to himself, or used dangerous
drug. Such possessor is presumed to
NOTES: have also violated Section 15.
• Mere possession without legal authority
is punishable because it constitutes

151
10. Possession of dangerous drugs during
parties, social gatherings or • Prescription is unnecessary when the
meetings(Section 13) physical or physiological condition does
not require the use or dosage
NOTE: It is committed by any person found prescribed.
possessing any dangerous drugs (a) during a
party, social gathering or meeting, OR (b) in • Revocation of license to practice shall be
the proximate company of at least two (2) imposed upon the practitioner who shall
persons. prescribe any dangerous drug to any
person whose physical or physiological
11. Possession of equipment, instrument, condition does not require the use or in
apparatus, paraphernalia for dangerous the dosage.
drugs during parties, gatherings or
meetings(Section 14) 16. Unlawful prescription of dangerous
drugs(Section 19)
12. Use of dangerous drugs(Section 15)
NOTE: It is committed by any person who
ELEMENTS: shall make or issue a prescription or any
(a) The accused was apprehended for the other writing purporting to be a prescription
use of dangerous drug; for any dangerous drugs.
(b) He was found to be positive for use of
any dangerous drug; and UNNECESSARY UNLAWFUL
(c) No other dangerous drug was found in PRESCRIPTION PRESCRIPTION
his possession (otherwise, the charge
would not be use but illegal possession). Offender is a Offender is any
practitioner person.
13. Cultivation or culture of plants classified Victim suffers from Victim may or may
as dangerous drugs or are physical or not suffer from any
sources(Section 16) physiological physical or
condition. physiological
NOTE: In case of medical laboratories and condition.
medical research centers, the Board shall Offender is Offender is not
prescribe the necessary implementing authorized by law to authorized by law to
guidelines for the proper cultivation, culture, prescribe dangerous prescribe dangerous
handling, experimentation and disposal of drugs. drugs.
such plants and materials.
17. Criminal liability of public officers or
14. Failure to maintain and keep original employees (Section 27)
records of transactions on dangerous
drugs and/or controlled precursors and (a) Misappropriation, misapplication or
essential chemicals(Section 17) failure to account for seized,
confiscated or surrendered
NOTE: It is violated by any practitioner, dangerous drugs, plants which are
manufacturer, wholesaler, importer, sources of drugs, instruments,
distributor, dealer or retailer who violates or paraphernalia, or laboratory
fails to comply with the maintenance and equipment, including proceeds or
keeping of the original records of properties obtained from the unlawful
transactions on any dangerous drugs. acts committed(Par. 1)
15. Unnecessary prescription of dangerous (b) Benefiting from the proceeds of the
drugs(Section 18) trafficking of dangerous drugs as
prescribed in this Act, or have
NOTE: received any financial or material
• It is applicable to physicians or other contributions or donations from
medical practitioners authorized to natural or juridical persons found
prescribe medicine.

152
 guilty of trafficking dangerous
drugs(Paragraph 2)
18. Planting Evidence(Section 29)
It is a willful act by any person of maliciously
inserting, placing, adding or attaching directly
or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug in
the person, house, effects, or in the
immediate vicinity of an innocent individual
for the purpose of implicating, incriminating
or imputing the commission of any violation
of this Act.
19. Criminal liability of officers juridical
entities (Section 30)
(a) Consenting to or knowingly tolerating
violation of this Act(Paragraph 1)
(b) Knowingly authorizing, tolerating or
consenting to the use of a vehicle,
vessel, aircraft, equipment or other
facility, as an instrument in the
importation, sale, trading,
administration, dispensation, delivery,
distribution, transportation or
manufacture of dangerous drugs, or
chemical diversion, if the same is
owned by or under the control or
supervision of the partnership,
corporation, association or juridical
entity to which they are affiliated(Par.
2).
NOTE: In this case, officers of juridical
entities are liable as co-principals.
20. Violating any regulation issued by the
Board(Section 32)
21. Issuance of false or fraudulent drug test
results(Section 37)
22. Violates the confidentiality of records of
drug dependents under voluntary
submission program (Sec. 72)
23. Failure or refusal to appear as a a witness
for any violation of R.A. 9165 (Section 91)
24. Delay and bungling in the prosecution of
drug-related cases(Section 92)
IMPORTANT NOTE: Sections 11, 12, 13, 14, 15,
16, 18, 19, 27, 30 (par. 1), 37, and 72 are NOT
applicable when the subject is a controlled
precursor and essential chemicals.
EFFECT OF ATTEMPT OR CONSPIRACY
Any attempt or conspiracy to commit the
following unlawful acts shall be penalized by the
same penalty prescribed for the commission of
the same:
(a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation,
delivery, distribution and transportation of
any dangerous drug and/or controlled
precursor and essential chemical;
(c) Maintenance of a den, dive or resort where
any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical;
and
(e) Cultivation or culture of plants which are
sources of dangerous drugs (Section 26).
CONFISCATION AND FORFEITURE
Every penalty shall carry with it the confiscation
and forfeiture in favor of the government of all the
proceeds and properties derived from the
unlawful act … unless they are property of a third
person not liable for the unlawful act, but those
which are not of lawful commerce shall be
ordered destroyed without delay (Section 20).
NOTE: If the item confiscated is a vehicle, it shall
be auctioned off not later than five (5) days upon
order of confiscation and forfeiture.
IMMUNITY FROM PROSECUTION
AND PUNISHMENT
REQUISITES:
1. The person has violated Sections 7, 11, 12,
14, 15, and 19, Article II;
2. He voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and
16, Article II as well as any violation of the
offenses mentioned if committed by a drug
syndicate, or any information leading to the
whereabouts, identities and arrest of all or
any of the members thereof;
153
3. He willingly testifies against such persons as
described above; and
4. Conditions are complied with.
CONDITIONS FOR IMMUNITY
He shall be exempted from prosecution or
punishment for the offense with reference to
which his/her information of testimony were
given, and may plead or prove the giving of
such information and testimony in bar of
such prosecution: Provided, That the
following conditions concur:
1. The information and testimony are
necessary for the conviction of the
persons described above;
2. Such information and testimony are not
yet in the possession of the State;
3. Such information and testimony can be
corroborated on its material points;
4. the informant or witness has not been
previously convicted of a crime involving
moral turpitude, except when there is no
other direct evidence available for the
State other than the information and
testimony of said informant or witness;
and
5. The informant or witness shall strictly
and faithfully comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment.
Provided further, That this immunity may be
enjoyed by such informant or witness who
does NOT appear to be most guilty for the
offense with reference to which his/her
information or testimony were given.
Provided finally, That there is NO direct
evidence available for the State except for
the information and testimony of the said
informant or witness.
CUSTODY AND DISPOSITION
The PDEA shall take charge and have custody of
all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition
(Sec. 21).
CHAIN OF CUSTODY
It is the duly recorded authorized movements
and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs,
or laboratory equipment of each stage, from the
time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to
presentation in court for destruction. Such record
of movements and custody of seized items shall
include the identity and signature of the person
who held temporary custody of the seized item,
the date and time when such transfer of custody
was made in the course of the safekeeping and
use in court as evidence, and the final disposition
(Section 1(b), DDB Regulation No. 1, s. 2002).
PURPOSE:
It is designed to ensure the integrity and
reliability of the evidence to be presented against
the accused (People v. Relato, 2012).
The apprehending team having initial custody and
control of the drugs shall, immediately after seizure
and confiscation, physically inventory and
photograph the same in the presence of: (a) the
accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, (b) representative from the media and the (c)
DOJ representative, and (d) any elected public
official., who shall be required to sign the copies of the
inventory and be given a copy thereof.
Within 24 hours upon confiscation/seizure, the
confiscated items shall be submitted to the PDEA
Forensic Laboratory for a qualitative and
quantitative examination.
Within 24 hours after the receipt of the subject item/s,
a certification of the forensic laboratory examination
results, which shall be done under oath by the forensic
laboratory examiner.
When the volume does not allow the completion of
testing within the time frame, a partial laboratory
examination report shall be provisionally issued, but
testing must be completed within 48 hours total.
Within 72 hours after the filing of the criminal case, the
Court shall conduct an ocular inspection of the
confiscated, seized and/or surrendered items.
154
 Within 24 hours thereafter, PDEA shall proceed with
the destruction or burning of the seized items, in the
presence of the (a) accused or the person/s from
whom such items were confiscated and/or seized, or
his/her representative or counsel, (b) a representative
from the media, (c) DOJ representative, (d) civil
society groups, and (e) any elected public official.
• Items of lawful commerce shall be donated, used
or recycled for legitimate purposes.
• A representative sample, duly weighed and
recorded shall be retained.
The Board shall then issue a sworn certification as
to the fact of destruction or burning of the subject
item/s which, along with the samples, shall be
submitted to court having jurisdiction over the case.
After the promulgation and judgment in the criminal
case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the
case and, in turn, shall request the court for leave to
turn over said samples to PDEA for proper
disposition and destruction within 24 hours from
receipt of the same.
1. The seizure and marking, if practicable,
of the illegal drug recovered from the
accused by the apprehending officer;
2. The turnover of the illegal drug seized by
the apprehending officer to the
investigating office;
3. The turnover by the investigating officer
of the illegal drug to the forensic
chemist for laboratory examination;
and
4. The turnover and submission of the
marked illegal drug seized from the
forensic chemist to the court(People vs.
Nandi; July 13, 2010).
• What is essential is the preservation of the
integrity and the evidentiary value of the
seized items, as the same would be utilized
in the determination of guilt of the accused.
Non-compliance with the procedural
requirements under R.A. 9165 and its IRR
relative to the custody, photographing, and
drug-testing of the apprehended persons, is
NOT a serious flaw that can render void the
seizures and custody of drugs in a buy0bust
operation. (People v. Cardenas; March 21,
2012).

REHABILITATION
NOTES:
• The accused or his/her representative or VOLUNTARY COMPULSORY
counsel shall be allowed to personally REHABILITATION REHABILITATION
observe all of the above proceedings and It is applied for by the Petition is filed by the
his/her presence shall not constitute an offender or his parents, Dangerous Drugs
admission of guilt. spouse, guardian or Board or its agent or
relative within the prosecutor/court.
In case accused refuses or fails to appoint a fourth degree of
representative/counsel within 72 hours after consanguinity.
written notice prior to the actual burning or Application is filed with Petition is filed in the
destruction, the DOJ Secretary shall appoint the DDB. RTC of the city or
a PAO member to represent the former. province where the
offender was found.
• The failure to conduct a physical inventory
and to photograph the items seized from the It applies to: (1) any It applies to: (1) any
accused will not render his arrest illegal or person determined and person determined and
the items confiscated from him inadmissible found to be dependent found to be dependent
in evidence as long as the integrity and on dangerous drugs, or on dangerous drugs, or
evidentiary value of the said items have been (2) any person who (2) a person charged
preserved (People vs. Parcon; February 10, violates Sec. 15. with an offense where
2014). the imposable penalty
is imprisonment or less
• Four (4) links should be established in the than 6 years and 1
chain of custody of the confiscated item: day, and is found to be
drug dependent.
Exemption from criminal liability at the end of

155
rehabilitation is subject to certain conditions.
Prescription period for
the offense for which
the drug dependent is
charged is suspended.
OTHER IMPORTANT MATTERS
PLEA BARGAINING NOT AVAILABLE
Any person charged under any provision of this
Act, regardless of the imposable penalty, shall
NOT be allowed to avail of the provisions of plea
bargaining (Section 23).
DISQUALIFICATION FOR PROBATION
Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty
imposed by the Court, CANNOT avail of the
privilege granted by the Probation Law, as
amended (Section 24).
DRUG SYNDICATE
It is any organized group of two or more persons
forming or joining together with the intention of
committing any offense prescribed under the act.
SAMPLE PROBLEMS
PROBLEM:
In a buy-bust operation, it was agreed by the
police that when the poseur buyer takes off his
eye glasses the transaction is signaled to be
finished and police may now arrive and arrest.
When during the actual scene, the offender and
the police already agreed on the price. When the
offender gave the drugs, the police immediately
took off his eyeglasses without giving yet the
money. All the other police officers arrived after
that. The pusher was arrested. Can there be
conviction despite the fact that there was no
transfer of marked money in the transaction?
ANSWER:
YES. In fact, the marked money need NOT be
presented in court for it is only corroborative or
cumulative in evidence. The second element
requires that the object of the sale and the price
must be established. The law does not require a
simultaneous exchange of dangerous drugs and
money. So long as the price was established,
even if there was no delivery, the illegal sale is
established.
PROBLEM:
If in the same problem, the fiscal failed to present
the police who acted as the poseur buyer, but
presented all the other police officer who saw the
transaction. Will such failure to present buyer
bring about an acquittal?
ANSWER:
NO. The testimony of the poseur buyer is not
material if the other police officers can testify as
to the existence of the said transaction. The
moment that the said transaction has been
denied by the drug peddler, it is now incumbent
upon the prosecution to present the buyer,
otherwise, the testimony of other police would be
hearsay evidence
PROBLEM:
A is a sidewalk vendor. P parked his car and
called on A and asked him to deliver a box to X
in consideration of P1,000. A was curious and
asked what’s inside. P told A to just deliver the
box to X. When A delivered to X, police arrived
and arrested A. Marijuana was inside the box.
Can A be liable of delivering drugs?
ANSWER:
NO. A did not have knowledge of the content of
box.
PROBLEM:
A, B, and C entered a contract of lease with X for
an apartment. Unknown to X, A, B, and C used
the apartment as a den for shabu when the
police conducted a raid, A, B, and C were all
arrested.
1. Can X be held liable?
2. Can the place be escheated and
forfeited in favor of the government?
ANSWER:
(1) YES. X can be held liable even if he is a
stranger insofar as the use of the place as a den
is concerned.
(2) YES, the place may be escheated and
forfeited in favor of the government provided (a)
the owner must be included in the complaint as
co-accused; (b) the complaint must allege that
the place was intentionally used in furtherance of
the crime; and (c) the prosecution must be able
to prove such intent.
156
PROBLEM:
A told B that they are going to have a session.
Thinking that it was a mahjong session, B
agreed. When B arrived at A’s house, he was
shocked that it was a shabu session. Police
arrived armed with a search warrant. Among
those arrested was B. Can he be convicted?

ANSWER:
NO. B did not know that the place was used as a
den, dive or resort.

PROBLEM:
G, a police officer, saw V snatch the wallet of B.
G ran after and followed V inside a house. Upon
opening, G saw X, Y, and Z actually using shabu,
they were arrested and were searched. In the
pockets of X, Y, and Z, two (2) small bags of
shabu were found. What crime should be filed?

ANSWER:
Information for Illegal possession of dangerous
drugs should be filed. The crime is NOT illegal
use because the third element is not present.

157
 TITLE SIX: pangguigue, and other
CRIMES AGAINST PUBLIC MORALS card games;

(e) Pak que, high and

low, mah-jong, domino
and other games using
CHAPTER 1:
plastic tiles and the like
GAMBLING AND BETTING
(f) Slot machines,
ARTICLES 195–196 roulette, pinball, and
other mechanical
Articles 195 and 196 have been repealed and contraptions and
modified by P.D. Nos. 449, 483, and 1602, as devices;
amended by Letter of Instruction No. 816.
(g) Dog racing, boat
GAMBLING racing, car racing and
It is any game or scheme, whether upon chance other forms of racing;
or skill, wherein wagers consisting of money,
articles or value or representative of value are at (h) Basketball, boxing,
stake or made (Reyes, supra., p. 339). volleyball, bowling, ping-
pong and other forms of
PRESCRIBING STIFFER PENALTIES ON individual or team
ILLEGAL GAMBLING contests to include game
(Presidential Decree No. 1602) fixing, point shaving and
other machinations; and
NOTE: P.D. 1602 repealed RPC Articles 195-
199, P.D. 483 (Betting Law), and P.D. 449 (i) Banking or percentage
(Cockfighting Law) insofar as they are game or other game or
inconsistent with it. scheme, whether upon
chance or skill, wherein
wagers consisting of
PERSONS LIABLE PENALTY
money, articles of value
(1) Any person who in Prision correccional or representative of value
any manner, shall medium or fine are at stake or made.
directly or indirectly take ranging from P1,000
part in any illegal or to P6,000
(2) Any person who shall
unauthorized activities or
knowingly permit any
games of – In case of recidivism:
form of gambling to be
Prision mayor
carried on in inhabited or
(a) Cockfighting, jueteng, medium or fine
uninhabited place or in
jai-alai or horse racing to ranging from P5,000
any building, vessel or
include bookie to P10,000
other means of
operations and game
transportation owned or
fixing, numbers, bingo
controlled by him.
and other forms of
lottery;
(3) Any person who shall Prision correccional
(b) Cara y cruz, knowingly permit any maximum and fine of
pompiang and the like; form of gambling to be P6,000
carried on in a –
(c) 7-11 and any game
using dice; (a) Place where
gambling is carried on
(d) Black jack, lucky nine, has a reputation of a
poker and its derivatives, gambling place or that
monte baccarat, cuajo, prohibited gambling is

158
frequently carried on
therein, or
(b) Place is a public or
government building or
barangay hall.
(4) Maintainer or
conductor of gambling
schemes
(5) Maintainer, conductor
or banker of gambling
schemes who is a
government official, or
where such government
official is the player,
promoter, referee,
umpire, judge or coach in
case of game fixing,
point shaving and
machination.
(6) Any person who shall,
knowingly and without
lawful purpose in any
hour of any day, possess
any lottery list, paper or
other matter containing
letters, figures, signs or
symbols pertaining to or
in any manner used in
the games of jueteng, jai-
alai or horse racing
bookies, and similar
games of lotteries and
numbers which have
taken place or about to
take place.
(7) Any barangay official
who, with knowledge of
the existence of a
gambling house or place
in his jurisdiction, fails to
abate the same or take
action in connection
therewith.
(8) Any security officer,
security guard,
watchman, private or
house detective of
hotels, villages,
buildings, enclosures and
the like which have the
reputation of a gambling
place or where gambling
activities are being held
INFORMER'S REWARD
Prision correccional Any person who shall disclose information that
maximum and fine of will lead to the arrest and final conviction of the
P6,000 malefactor shall be rewarded 20% of the cash
money or articles of value confiscated or forfeited
Prision mayor in favor of the government (Sec. 2).
medium with
temporary absolute NOTES:
disqualification or a • GAMBLING
fine of P6,000 It is any game or scheme, whether upon
chance or skill, wherein wagers consisting of
money, articles, or value or representative of
value are at stake or made.
• MAINTAINER
It is the person who sets up and furnishes
the means with which to carry on the
gambling game or scheme.
Prision correccional
medium or a fine
• CONDUCTOR
ranging from P400 to
It is the person who manages or carries on
P2,000
the gambling game or scheme.
• In P.D. 1602, playing for money is NOT a
necessary element to the game for one to
commit a crime. When the law names the
games punishing any person who takes part
therein, its purpose is to prohibit absolutely
those games.
• A mere bystander or spectator is NOT
criminally liable because he does not directly
or indirectly take part.
• LOTTERY
Temporary absolute It is a scheme for the distribution of prizes by
disqualification chance among persons who have paid or
agreed to pay a valuable consideration for
the chance to obtain a prize.
ELEMENTS OF LOTTERY:
1. Consideration;
2. Chance; and
3. Prize.
Prision correccional
maximum or a fine NOTE: In a criminal case(U.S. vs. Olsen; 36
ranging from P500 to Phil. 395), there is no lottery where a person
P2,000 gets the full value for his money, and the
winning of price is merely incidental. BUT, in
159
 a civil case (El Debate vs. Topacio; 44 Phil. jurisdiction but fails
280), if the inducement to win prize is the to abate or take
reason for the purchase then even if the full action, or tolerates
value for money is received, it is still lottery. the same
Law enforce who Administrative
• ILLEGAL NUMBER GAMES fails to apprehend penalty: Suspension
It is any form of illegal gambling activity perpetrators or dismissal.
which uses numbers or combinations thereof
as factors in giving out jackpots, prizes or
returns. It includes games such as jueteng PENALIZING BETTING, GAME-FIXING OR
and masiao. POINT SHAVING AND MACHINATIONS
IN SPORTS CONTESTS
NOTE: R.A. 9287 increased penalties for (Presidential Decree No. 483)
illegal number games, amending certain
provisions of P.D. 1602. BETTING
It refers to betting money or any object or article
AN ACT INCREASING THE PENALTIES of value or representative of value upon the
FOR ILLEGAL NUMBER GAMES result of any game, races and other sports
(Republic Act. No. 9287) contest.

GAME FIXING
PARTICIPATION PENALTY: It is any arrangement, combination, scheme or
IMPRISONMENT agreement by which the result of any game,
Bettor 30 to 90 days races or sports contests shall be predicted and/or
Personnel or staff 6 years and 1 day to known other than on the basis of the honest
8 years playing skill or ability of the players or
Person who allows
participants.
his vehicle, house,
building or land to
POINT SHAVING
be used in such
It is any such arrangement, combination, scheme
operation
or agreement by which the skill or ability of any
Collector or agent 8 years and 1 day to player or participant in a game, races or sports
10 years contests to make points or scores shall be limited
Coordinator, 10 years and 1 day deliberately in order to influence the result
controller or to 12 years thereof in favor of one or other team, player or
supervisor participant therein.

GOVERNMENT PENALTY GAME MACHINATIONS

OFFICIAL OR It is any other fraudulent, deceitful, unfair or
EMPLOYEE dishonest means, method, manner or practice
employed for the purpose of influencing the
Collector, agent, (a) Imprisonment: 12 result of any game, races or sport contest.
coordinator, years and 1 day
controller, to 20 years
COCKFIGHTING LAW
supervisor, (b) Fine: P3 M to P5
(Presidential Decree No. 449)
maintainer, M; and
manager, operator, (c) Perpetual and
NOTE: This repealed Article 199, RPC.
financier, or absolute
capitalist disqualification
COCKFIGHTING
from public
It shall embrace and mean the commonly known
office.
game or term "cockfighting derby, pintakasi or
Local government Perpetual and tupada", or its equivalent terms in different
official, having absolute Philippine localities (Section 4(a)).
knowledge of the disqualification from
existence of the public office. ESTABLISHMENT OF COCKPITS
operation within his

160
Only one cockpit shall be allowed in each city or
municipality, except that in cities or municipalities
with a population of over 100,000, two cockpits
may be established, maintained and operated.
NOTE: Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to
own, manage and operate cockpits.
Cooperative capitalization is encouraged.
(Sec. 5(a), P.D. 449).
HOLDING OF COCKFIGHTS
Cockfighting shall be allowed only in licensed
cockpits during:
(a) Sundays;
(b) Legal holidays;
(c) Local fiestas for not more than 3 days;
(d) Provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or
exposition for a similar period of 3 days upon
resolution, subject to the approval of the
Chief of Constabulary or his authorized
representative: Provided that, no cockfighting
on the occasion of such fair, carnival or
exposition shall be allowed within the month
of a local fiesta or for more than two
occasions a year in the same city or
municipality:
EXCEPTIONS:
NO cockfighting shall be held on:
(a) December 30 (Rizal Day)
(b) June 12 (Independence Day),
(c) November 30 (National Heroes Day),
(d) Holy Thursday,
(e) Good Friday,
(f) Election or referendum day, and
registration days for such election or
referendum.
Cockfighting for Entertainment of Tourists or
for Charitable Purposes:
The Chief Constabulary or his authorized
representative may also allow the holding of
cockfighting for:
(a) Entertainment of foreign dignitaries or for
tourists, or for returning Filipinos, commonly
known as "Balikbayan", or
(b) The support of national fund-raising
campaigns for charitable purposes as may
be authorized by the Office of the President,
upon resolution of a provincial board, city or
municipal council, in licensed cockpits or in
playgrounds or parks: Provided that, this
privilege shall be extended for only one (1)
time, for a period not exceeding 3 days,
within a year to a province, city, or
municipality.
NOTES:
• No gambling of any kind shall be permitted
on the premises of the cockpit or place of
cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the
violators of this injunction shall be criminally
liable (Sec. 5(f), P.D. 449).
• Spectators in cockfight are NOT liable unless
he participates as bettor.
• Both betting in horse races and in cockfights
are allowed only in periods allowed by law.
But, betting in cockfights at a place other
than the licensed cockpits is punishable.
CHAPTER 2:
OFFENSES AGAINST DECENCY
AND GOOD CUSTOMS
ARTICLE 200:
GRAVE SCANDAL
GRAVE SCANDAL
It consists of acts which are offensive to decency
and good customs which having been committed
publicly, have given rise to public scandal to
persons who have accidentally witnessed the
same.
• DECENCY
It refers to propriety of conduct. It is the
proper observance of the requirement of
observance, good taste, etc.
• CUSTOMS
It refers to established usage, social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof.
ELEMENTS:
1. Offender performs an act or acts;
2. The act is highly scandalous as offending
against good customs;
3. The highly scandalous conduct does not
expressly fall within any other article of RPC;
4. The act or acts are committed in a public
place or within the public knowledge or view.
NOTES:
• The essence of grave scandal is publicity
and that the acts committed are not only
contrary to morals and good customs but
161
 must likewise be of such character as to 1. Those who publicly expound or
cause public scandal to those witnessing it. proclaimdoctrines openly contrary to
public morals;
• Grave scandal is a crime of last resort. If the 2. Authors of obscene literature, published
act concerned constitutes another violation, with their knowledge in any form, the editors
the offender is to be charged with that other publishing such literature, and the
crime, not grave scandal. owners/operators of the establishment selling
the same;
• Public view is NOT required. It is sufficient if 3. Those who exhibit indecent or immoral
committed in public place. plays, scenes, acts or shows, whether live
or in film, which are prescribed by virtue
• Public view does not require numerous hereof; and
persons. Even if there was only one person 4. Those who sell, distribute, or exhibit films,
who witnessed the offensive act for as long prints, engravings, sculptures or
as the third person was not an intruder, literature which are offensive to morals if
grave scandal is committed provided theact there was this establishment selling
does not fall under any other crime in the magazines with nude pictures or obscene
RPC. materials.

• If the highly scandalous act is done in a: Rationale: Prohibition of the dissemination of

(a) Public Place: The law presumes that obscene materials to the public is for the
somebody may have seen the said act, protection of public morals.
thus the mere performance of a highly
scandalous act in public place amounts OBSCENE
to this crime. It refers to something offensive to chastity,
(b) Private Place: It is necessary that at decency or delicacy.
least one (1) person has seen the act for
it to constitute grave scandal. TEST OF OBSCENITY:
This test asks whether the tendency of the matter
GRAVE SCANDAL ALARMS and charged to be obscene is to deprave those
SCANDAL whose minds are open to such immoral
influences and into whose hands such a
The scandal involved The scandal involved publication may fall, and also whether or not
refers to moral scandal refers to disturbances such publication or act shocks the ordinary and
offensive to decency of the public tranquillity common sense of men as an indecency (U.S. vs.
although it does not and not to acts Kottinger; 45 Phil. 352).
disturb public peace offensive decency.
and such conduct NOTES:
must be open to the • Publicity is an essential element.
public view.
• Mere nudity in paintings is not obscenity. The
GRAVE SCANDAL ACTS OF proper test is whether the motive of the
LASCIVIOUSNESS picture as indicated by it, is pure or impure,
The performance of The scandalous acts or whether it is naturally calculated to excite
scandalous acts is are committed against impure imaginations.
mutually consented. the will of the woman;
there is employment of • Mere possession of obscene materials is not
force and intimidation. punishable.

ARTICLE 201: • Dissemination of obscene material is

IMMORAL DOCTRINES, OBSCENE necessary, but the number of times it is
PUBLICATIONS AND EXHIBITIONS, AND passed on is immaterial. Once is enough.
INDECENT SHOWS
• Pictures with slight degree of obscenity, not
used for art’s sake but for commercial
PERSONS LIABLE:
purposes, fall under this article.

162
• Writing obscene literature is not punished,
but the author is liable if it is published with
his knowledge in every case, and the editor
publishing it is also liable. (Reyes, supra.).

QUESTION:
Is the private viewing of pornographic materials a
violation of this article?

ANSWER:
NO. What is protected is the morality of the
public in general. The law is not concerned – at
least for this felony – with the morals of one
person.

ARTICLE 202:
VAGRANTS AND PROSTITUTES

NOTE: Vagrancy has already been

decriminalized by virtue of R.A. 10158.

PROSTITUTES
A woman is a prostitute when (1) she habitually
indulges in sexual intercourse or lascivious
conduct, (2) for money or profit (Par. 5, Article
202, RPC).

NOTES:
• Persons below 18 years of age are exempt
from prosecution for the crimes of prostitution
(Article 202, RPC), mendicancy (P.D. 1563),
or sniffing of rugby (P.D. 1619).

• One sexual intercourse with a man for

money or profit does not make a woman a
prostitute, and several intercourses with
different men do not make her a prostitute if
there is no evidence that she indulged in
sexual intercourse for profit or money.

• Sexual intercourse is not absolutely

necessary, as lascivious conduct is sufficient.

NOTE: See discussion on Anti-Trafficking in

Persons Act (R.A. 9208) in the Special Penal
Laws section.

163
 TITLE SEVEN: 224 Evasion through negligence
CRIMES COMMITTED BY 225 Escape of prisoner under the
PUBLIC OFFICERS custody of a person not
a public officer
ARTICLES CRIMES 226 Removal, concealment or
203 Who are public officers destruction of documents
Chapter 2: Malfeasance and 227 Officer breaking seal
Misfeasance in Office 228 Opening of closed documents
204 Knowingly rendering unjust 229 Revelation of secrets by an officer
judgment. 230 Public officer revealing secrets of
205 Judgment rendered through private individual
negligence Chapter 6: Other Offenses or
206 Unjust interlocutory order Irregularities by Public Officers
207 Malicious delay in the 231 Open disobedience
administration of justice 232 Disobedience to order of superior
208 Prosecution of offenses; officers, when said order was
negligence and tolerance suspended by inferior officer
209 Betrayal of trust by an attorney or 233 Refusal of assistance
solicitor - Revelation of secrets 234 Refusal to discharge elective office
210 Direct bribery 235 Maltreatment of prisoners
211 Indirect bribery 236 Anticipation of duties
211-A Qualified bribery of a public office
212 Corruption of public officials 237 Prolonging performance of
Chapter 3: Frauds and Illegal duties and powers
Exactions and Transactions 238 Abandonment of office or position
213 Frauds against the public treasury 239 Usurpation of legislative powers
and similar offenses 240 Usurpation of executive functions
214 Other frauds 241 Usurpation of judicial functions
215 Prohibited transactions 242 Disobeying request for
216 Possession of prohibited interest disqualification
by a public officer 243 Orders or requests by executive
Chapter 4: Malversation of officers to any judicial authority
Public Funds or Property 244 Unlawful appointments
217 Malversation of public funds or 245 Abuses against chastity
property; Presumption of
malversation
CHAPTER ONE:
218 Failure of accountable officer to
PRELIMINARY PROVISIONS
render accounts
219 Failure of a responsible public
ARTICLE 203:
officer to render accounts before
WHO ARE PUBLIC OFFICERS
leaving the country
220 Illegal use of public PUBLIC OFFICERS
funds or property Any person who, by direct provision of the law,
221 Failure to make delivery of public popular election or appointment by competent
funds or property authority, shall take part in the performance of
Chapter 5: Infidelity of Public Officers public functions in the Government of the
Philippine Islands, or shall perform in said
223 Conniving with or
Government or in any of its branches public
consenting to evasion

164
duties as an employee, agent or subordinate CHAPTER TWO:
official, of any rank or class, shall be deemed to MALFEASANCE AND MISFEASANCE
be a public officer.
MALFEASANCE: 1. Direct bribery
NOTE: It embraces every public servant from the
It is the doing of an 2. Indirect bribery
highest to the lowest. It covers persons who take
an oath of office (in person or in document). act which a public
officer should not
have done.
TO BE A PUBLIC OFFICER, ONE MUST BE:
1. Taking part in the performance of the public
functions in the Government, or performing in MISFEASANCE: 1. Knowingly rendering
said Government or in any of its branches It is the failure of an unjust judgment
public duties as an employee, agent, or agent to perform 2. Rendering judgment
subordinate official, of any rank or class; and his undertaking for through negligence
the principal. 3. Rendering unjust
2. His authority to take part in the performance interlocutory order
of public functions/duties must be: 4. Malicious delay in the
(a) By direct provision of the law; or administration of justice
(b) By popular election; or
(c) By appointment by competent authority. NONFEASANCE: 1. Dereliction of duty in
It is the improper prosecution of offenses
NOTES: doing of an act 2. Betrayal of trust by an
• One appointed as laborer in the government which a person attorney or solicitor –
is NOT a public officer. might lawfully do. revelation of secrets
• A temporary performance of public functions
by a laborer makes him a public officer.
• There is no standard distinction between an SECTION ONE:
officer and an employee. DERELICTION OF DUTY
Public Officer vs. Person in Authority
ARTICLE 204:
PUBLIC PERSON IN KNOWINGLY RENDERING
OFFICER AUTHORITY UNJUST JUDGMENT
It is a person who by It is any person
direct provision of law, directly vested with ELEMENTS: Ju Ren – U K
popular election or by jurisdiction, whether 1. The offender is a Judge;
appointment by a as an individual or as 2. He renders judgment in a case submitted to
competent authority, member of some court him for decision;
shall take part in the or government 3. The judgment is unjust; and
performance of public corporation, board, or 4. The judge knows that his judgment is unjust.
functions in the commission (Art. 152).
government of the Basis: This is based on bad faith.
Philippines or shall
perform in the said NOTES:
government or in any of • An unjust judgment is one which is contrary
its branches, public to law, or is not supported by the evidence or
duties as an employee, both.
agent or subordinate
official, of any rank or • An unjust judgment is rendered knowingly
class (Article 203). when it is made deliberately and maliciously.

• The source of unjust judgment may either be

(a) error, (b) ill-will or revenge, or (c)
bribery (Reyes, supra., p. 376).

165
• There must be evidence that the judgment is
unjust – it CANNOT be presumed. Also, a
judge may invoke the defense of good faith.
• The Supreme Court must have declared the
judgment as unjust in a certiorari, prohibition,
or administrative proceeding.
• A judge cannot be made liable for any
criminal, civil, or administrative indictments
for official acts done no matter how
erroneous as long as he acted in good faith.
• This Article applies ONLY to trial court
judges and finds no application to the
members of a collegiate court, like the CA
and SC, who reach their conclusions in
consultation and accordingly render their
collective judgment after due deliberation (In
Re: Joaquin Borromeo; February 21, 1995).
• Justices and Labor Arbiters cannot be made
liable under Articles 204 – 207.
ARTICLE 205:
JUDGMENT RENDERED
THROUGH NEGLIGENCE
ELEMENTS: Ju Ren – Ma In
1. The offender is a judge;
2. He renders judgment in a case submitted to
him for decision;
3. The judgment is manifestly unjust; and
4. It is due to inexcusable negligence or
ignorance.
NOTE:
• “Manifestly unjust judgment” means that a
judgment is manifestly contrary to law that
even a person having meager knowledge of
law cannot doubt the injustice.
• Abuse of discretion and mere error of
judgment are not punishable.
• The Supreme Court must have declared the
judgment as unjust in a certiorari, prohibition,
or administrative proceeding.
ARTICLE 206:
UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. The offender is a judge.
2. He performs the following acts:
(a) Knowingly renders an unjust
interlocutory order or decree; or
(b) Renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
NOTES:
• An interlocutory order is one which is issued
by the court between the commencement
and the end of a suit or action and which
decides some point or matter, but which,
however, is NOT a final decision on the
matter in issue.
• The test in determining whether an order
or judgment is interlocutory or final:
“Does it leave something to be done in the
trial court with respect to the merits of the
case? If it does, it is interlocutory; if it does
not, it is final.”
• Specifically for the charge of violation of
Article 206, it is necessary to show that – (1)
the orders issued by the respondents to his
complaint were UNJUST, and (2) the said
orders were KNOWINGLY rendered or
rendered through inexcusable negligence or
ignorance. On this matter, the Ombudsman
correctly held that LA’s order for the quashal
of the writ of execution, and the NLRC’s
resolution affirming it, were not unjust, for
being in accordance with law and the rules of
the NLRC (Araullo vs. Ombudsman; July 30,
2014).
ARTICLE 207:
MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS: Ju Proc – Del Ma
1. The offender is a judge;
2. There is a proceeding in his court;
3. He delays the administration of justice; and
4. The delay is malicious, that is, with
deliberate intent to inflict damage on either
party of the case.
NOTES:
• Mere delay without malice is NOT a felony
under this article.
• The offender must act with malice. Malice
implies deliberate intent to inflict damage on
either party in a case.
166
• If the delay is not malicious, but committed
through gross negligence, the crime
committed is that under Sec. 3(c), R.A. 3019.
ARTICLE 208:
DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES
ELEMENTS:
1. Offender is a public officer or officer of the
law who has the duty to cause the
prosecution of, or to prosecute, offenses.
2. There is dereliction of duties of his office –
(a) Knowing the commission of the crime, he
does not cause the prosecution of the
criminal, OR
(b) Knowing that a crime is about to be
committed, he tolerates its commission.
3. Offender acts with malice and deliberate
intent to favor the violator of the law.
NOTES:
• The offender must act with malice. A
dereliction of duty caused by poor judgment
or honest mistake is NOT punishable.
• The crime supposed to be prosecuted must
be proved before a public officer is to be held
liable for dereliction.
• The liability of a public officer who, having
the duty of prosecuting the offender,
harbored, concealed, or assisted in the
escape of the latter, is that of the principal
in the crime of dereliction of duty in the
prosecution of offenses.
• A Barangay Chairman can be held liable for
dereliction of duty. A Barangay Chairman is
expressly authorized by law to prosecute
violators of laws within their jurisdiction. If
he does not do so, he can be prosecuted
for dereliction of duty.
PERSONS LIABLE:
(a) PUBLIC OFFICER
It refers to officers of the prosecution
department whose duty is to institute criminal
proceedings for felonies upon being informed
of their perpetration.
(b) OFFICER OF THE LAW
It includes all those who, by reason of the
position held by them, are duty-bound to
cause the prosecution and punishment of the
offenders.
PREVARICACION
Prevaricacion applies to public officers in
general who maliciously refrain from exercising
the duties of their office. It is commonly used to
define dereliction of duty.
PREVARICACION DERELICTION
OF DUTY
It applies to public officers in It refers only to
general who are remiss or prosecuting
who are maliciously officers.
refraining from exercising
the duties of the office
concerned.
QUESTION:
If a police officer tolerates the commission of a
crime or otherwise refrains from apprehending
the offender, is he liable under this Article?
ANSWER:
NO. He cannot be prosecuted under this article.
However, he can be prosecuted: (1) as an
accessory to the crime committed; (2) as a
fence, if the crime committed is robbery or theft;
and (3) for violating the R.A. 3019.
ARTICLE 209:
BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR
(REVELATION OF SECRETS)
PUNISHABLE ACTS:
1. Causing damage to his client, either:
(a) By any malicious breach of professional
duty;
(b) By inexcusable negligence or ignorance
2. Revealing any secrets of the client learned
by him in his professional capacity
3. Undertaking the defense of the opposing
party in the same case, without the consent
of his first client, after having undertaken
the defense of said first client or after
having received confidential information
from the said client.
NOTE: This criminal liability is in addition to an
administrative case which may be filed against
the lawyer or solicitor.
167
 3. Agreeing to refrain, or by refraining, from
SECTION TWO: doing something which is his official duty to
BRIBERY do, in consideration of a gift or promise.

NOTE: Mere agreement will suffice.

BRIBERY
It is the crime of the public officer who receives a
NOTE: The provisions contained in the
gift, present, offer or promise by reason of or in
preceding paragraphs shall be made applicable
connection with the performance of his official
to assessors, arbitrators, appraisal and claim
duties. It is a crime of the RECEIVER.
commissioners, experts or any other persons
performing public duties (as amended by B.P.
NOTE: There is no frustrated stage in direct or
871, approved May 29, 1985).
indirect bribery for the reason that if the
corruption of the official is accomplished, the
ELEMENTS: P A – C U Re – Con
crime is consummated.
1. The offender is a public officer within the
scope of Article 203;
BRIBERY PREVARICACION 2. The offender accepts an offer or a promise,
The gift received or The gift received or or receives a gift or present by himself or
promised is promised is not necessary through another;
necessary. for its commission. 3. Such offer or promise is accepted, or gift or
present received by the public officer:
BRIBERY ROBBERY (a) With a view to committing some crime;
OR
The transaction is The transaction is neither
(b) In consideration of the execution of an
generally mutual mutual nor voluntary but
act which does not constitute a crime,
and voluntary. consummated by the use
but the act must be unjust; OR
of force or intimidation.
(c) To refrain from doing something that is
his official duty to do.
ARTICLE 210: 4. The act which offender agrees to perform or
DIRECT BRIBERY which he executes be connected with the
performance of his official duties.
PUNISHABLE ACTS:
1. Agreeing to perform, or by performing, an act NOTES:
constituting a crime, in connection with the • The crime of bribery has NO frustrated
performance of his official duties, in stage. If one party does not concur, then
consideration of any offer, promise, gift or there is no agreement and not all the acts
present received by such officer, personally necessary to commit the crime were
or through the mediation of another. present.

NOTE: In (1) and (3), mere agreement will
suffice. It is NOT necessary that the public
officer actually received the bride or actually
performed – or refrained from performing the
act.
2. Accepting a gift in consideration of the
execution of an act which does not constitute
a crime in connection with the performance
of his official duty, and the officer executed
said act.
NOTE: In (2), it is necessary that there be
actual acceptance of the gift or present. Mere
agreement or promise is NOT sufficient.
• Temporary performance of public functions
is sufficient to constitute a person a public
officer.
• Bribery exists when the gift is:
(a) Voluntarily offered by a private person;
(b) Solicited by the public officer and
voluntarily delivered by the private
person; or
(c) Solicited by the public officer but the
private person delivers it out of fear of
the consequences should the public
officer perform his functions (here the
crime by the giver is not corruption of
public officials due to involuntariness).

168
• Direct bribery does NOT absorb Article 208 the others, it ceases to be indirect but
(dereliction of duty). becomes direct bribery.

ARTICLE 211: • This is always in the consummated stage.

INDIRECT BRIBERY There is no attempted much less frustrated
stage in indirect bribery.
ELEMENTS: P A O
1. The offender is a public officer; • There must be clear intention on the part of
2. He accepts gifts; the public officer o to take the gift offered and
3. Gifts are offered to him by reason of his consider the property as his own for that
office. moment.

NOTE: Mere physical delivery of a gift to a public • Mere physical receipt unaccompanied by any
officer does NOT bring about indirect bribery. other sign, circumstance or act to show such
The public officer must perform an act of acceptance is not sufficient to convict the
acceptance or appropriation of the gift for officer.
himself, his family or any other person.
• Public officers receiving gifts and private
QUESTION: persons giving gifts on any occasion,
Engr. X is a Regional Director of DPWH. His including Christmas are liable under PD 46.
office determines the award of contracts of public
works and projects to private contractors within ARTICLE 211-A:
his region. One day, Y, the proprietor of Triple H QUALIFIED BRIBERY
Construction Company gave him a gold Cartier
watch worth P500,000. Engr. X accepted the ELEMENTS: Pu Re – Con
watch and started to wear it publicly. Needless to 1. The offender is a public officer entrusted with
say, Engr. X is liable for indirect bribery. Suppose law enforcement.
Y just left the watch to the Secretary of the 2. He refrains from doing arresting or
Regional Director, would Engr. X still be liable? prosecuting an offender who has committed
a crime punishable by reclusion perpetua
ANSWER: and/or death.
NO. The mere act of giving a gift to a public 3. Offender refrains from arresting or
officer is not tantamount to indirect bribery. prosecuting in consideration of any gifts,
promise or present.
Direct Bribery vs. Indirect Bribery
NOTES:
DIRECT BRIBERY INDIRECT BRIBERY
• The crime of qualified bribery may be
In both, public officer receives a gift. committed ONLY by public officers
There is an Usually, no such “entrusted with enforcement” whose
agreement between agreement exists. official duties authorize them to arrest or
the public officer and prosecute offenders.
the giver of the gift or
present • The dereliction of the duty punished under
The offender agrees It is not necessary that Article 208 is absorbed.
to perform an act or the offender does any
refrain from doing particular act or even ARTICLE 212:
something because promise to do an act, as CORRUPTION OF PUBLIC OFFICIALS
of the gift or promise it is enough that he
accepts gifts offered to ELEMENTS: MOG - Cir
him by reason of his 1. The offender makes promises or offers or
office. gives gifts or presents to a public officer.
2. The offers or promises are made or the gifts
NOTES: or presents given to a public officer, under
• If after receiving the gift, the officer does any circumstances that will make the public
act in favor of the giver which is UNFAIR to

169
 officer liable for direct bribery or indirect
bribery.
NOTES:
• The offender is the GIVER of gifts or
OFFEROR of promise.
• Public officer sought to be bribed is NOT
criminally liable, UNLESS he accepts the
gifts or consents to the offer of offender.
• This punishes the person who made the offer
or promise or gave the gift, even if the gift
was demanded by the pubic officer and the
offer was not made voluntarily prior to the
said demand by the public officer.
• Bribery is usually proved by evidence
acquired in entrapment.
PRESIDENTIAL DECREE NO. 46
This law makes it punishable for public officials
and employees to receive, and for private
persons to give, gifts on any occasion, including
Christmas.
It is prohibited for any (a) PUBLIC OFFICIAL OR
EMPLOYEE, whether of the national or local
governments, to receive, directly or indirectly,
and for (b) PRIVATE PERSONS to give, or offer
to give, any gift, present or other valuable thing
on any occasion, including Christmas, when such
gift, present or other valuable thing is given by
reason of his official position, regardless of
whether or not the same is for past favor or
favors or the giver hopes or expects to receive a
favor or better treatment in the future from the
public official or employee concerned in the
discharge of his official functions.
Included within the prohibition is the throwing of
parties or entertainments in honor of the official
or employee or his immediate relatives.
NOTES:
• P.D. 46 punishes both receiver and giver.
• The prohibition is for giving and receiving
gifts given by reason of official position.
• The throwing of parties by reason of the
promotion of a public official is considered a
crime even though it may call for a
celebration. The throwing of a party is not
limited to the public officer only but also to
his immediate relatives.
NOTE: See discussion on the Anti-Graft and
Corrupt Practices Act (R.A. 3019) in the
Special Penal Laws section.
CHAPTER THREE:
FRAUDS AND ILLEGAL EXACTIONS
AND TRANSACTIONS
ARTICLE 213:
FRAUD AGAINST THE PUBLIC TREASURY
AND SIMILAR OFFENSES
NOTE: Article 213 is NOT applicable if the
offender is an officer or employee of the Bureau
of Internal Revenue or Bureau of Customs.
ELEMENTS (Fraud against Public Treasury):
1. The offender is a public officer.
2. He should have taken advantage of his
office, that is, he intervened in the
transaction in his official capacity
3. He entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to –
(a) Furnishing supplies
(b) The making of contracts, or
(c) The adjustment or settlement of account
relating to a public property or funds.
4. The accused had intent to defraud the
government.
NOTES:
• The crime of frauds against public treasury is
consummated by merely entering into an
agreement with any interested party to
defraud the government. Intention to defraud
the government is sufficient.
• It is NOT necessary that the government is
actually defrauded by reason of the
transaction.
PROBLEM:
X is the supply officer of the Bureau of Posts. He
entered into a verbal contract with Y Enterprises,
the supplier of coupon bonds and pad papers in
their office. They agreed that for every purchase
of coupon bonds and pad papers they will put an
over price which shall be given to X. What crime
can X be held liable for?
170
ANSWER:
X is liable for fraud against the public treasury.
He entered into a scheme regarding the
furnishing of supplies to defraud the government.
ELEMENTS (Illegal Exactions):
1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and
other imports.
2. He is guilty of the following acts/omissions –
(a) Demanding directly or indirectly, the
payment of sums of different from or
larger than those authorized by law;
(b) Failing voluntarily to issue a receipt as
provided by law, for ay sum of money
collected by him officially; or
(c) Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or object of a nature
different from that provided by law.
NOTES:
• Mere demand for larger or different amount
is sufficient to consummate the crime.
• When there is deceit in demanding greater
fees than those prescribed by the law, the
crime committed is estafa and NOT illegal
exaction.
PROBLEM:
A tax collector collected from someone a sum
larger than that authorized by law and spent all of
them. This tax collector is guilty of what crime(s)?
ANSWER:
X is guilty of two crimes, namely: (a) illegal
exaction, for demanding a greater amount; and
(b) malversation, for misappropriating the
amount collected.
ARTICLE 214:
OTHER FRAUDS
ELEMENTS:
1. The offender is a public officer;
2. He takes advantage of his position;
3. He commits any of the frauds or deceit
enumerated in Articles 315-318 (estafa, other
forms of swindling, swindling a minor, and
other deceits).
NOTE: The cases falling under this article are
cognizable by the RTC regardless of the amount
or penalty involved, because the MTC has no
jurisdiction to impose penalty of disqualification.
Under this article, the penalty of disqualification
is imposed as principal penalty.
ARTICLE 215:
PROHIBITED TRANSACTIONS
ELEMENTS:
1. The offender is an appointive public officer;
2. He becomes interested, directly or indirectly,
in any transaction of exchange or
speculation;
3. The transaction takes place within the
territory subject to his jurisdiction;
4. He becomes interested in the transaction
during his incumbency.
NOTES:
• The transaction must be one of exchange or
speculation such as buying and selling
stocks, commodities, etc., hoping to take an
advantage of an expected rise and fall in
price.
• Purchasing of stocks or shares in a company
is simply an investment is NOT a violation of
the article.
• Under Article 14 (Code of Commerce), the
following may not engage in commercial
profession either in person or by proxy:
(d) Justices, judges, or fiscals; and
(e) Employees engaged in the collection and
administration of public funds.
ARTICLE 216:
POSSESSION OF PROHIBITED INTEREST
BY A PUBLIC OFFICER
PERSONS LIABLE:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene.
2. Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to the
property belonging to their wards or the
estate.
EXAMPLE: A municipal mayor who took direct
part in the lease of the municipal fishponds to
171
himself may be held liable under Paragraph 1, (c) When he is made a custodian of public
Article 216, it being his official duty to intervene funds or property and he
in behalf of the municipality in the contract of misappropriates the same.
lease of the fishponds.
MALVERSATION ESTAFA
NOTE: Actual fraud is NOT necessary; the act is
It is committed by an It is committed by a
punished because of the possibility that fraud
accountable public private person or
may be committed or that the officer may place
officer. even a public officer
his own interest above that of the government or
in a private capacity.
party which he represents.
It deals with public funds It deals with private
or property. property.
CHAPTER FOUR:
MALVERSATION OF PUBLIC It may be committed It is committed by
FUNDS OR PROPERTY without personal personal
misappropriation, when misappropriation
the accountable officer only.
ARTICLE 217: allows another to
MALVERSATION OF PUBLIC misappropriate the
FUNDS OR PROPERTY same.

PUNISHABLE ACTS:
PROBLEM:
1. Appropriating public funds or property
A Municipal Treasurer, accountable for public
2. Taking or misappropriating the same
funds or property, encashed with public funds
3. Consenting, or through abandonment, or
private checks drawn in favor of his wife. The
negligence, permitting any other person to
checks bounced, the drawer not having enough
take such public funds or property.
cash in the drawee bank. The Municipal
Treasurer, in encashing private checks from
ELEMENTS: O C P – ATM CP
public funds, violated regulations of his office.
1. The offender is a public officer;
Notwithstanding restitution of the amount of the
2. He had the custody or control of funds or
checks, can the Municipal Treasurer
property by reason of the duties of his office;
nevertheless be criminally liable? What crime did
3. Those funds or property were public funds or
he commit? Explain. (1999 Bar)
property for which he was accountable;
4. He appropriated, took, misappropriated or
SUGGESTED ANSWER:
consented or, through abandonment or
YES. Notwithstanding the restitution of the
negligence, permitted another person to
amount of the check, the Municipal Treasurer will
take them.
be criminally liable as restitution does not negate
criminal liability although it may be considered as
NOTES: The negligence of the accountable
mitigating circumstance similar or analogous to
public officer must be positively and clearly
voluntary surrender (People vs. Velasquez; 73
shown to be inexcusable, approximating malice
Phil. 98). He will be criminally liable for
or fraud.
malversation. HOWEVER, if the restitution was
made immediately under vehement protest
PERSONS LIABLE:
against an imputation of malversation and
1. Public officers who, in any capacity
without leaving the office, he may not be
whatsoever, have charge of national,
provincial or municipal funds, revenues or criminally liable.
property.
ARTICLE 218:
2. Private persons may commit malversation FAILURE OF ACCOUNTABLE OFFICER TO
under the following acts: RENDER ACCOUNTS
(a) When he conspires with an officer in
committing malversation. ELEMENTS:
(b) When he becomes an accomplice or 1. Offender is a public officer whether in the
accessory to a public officer in service or separated therefrom;
committing malversation.

172
2. He must be an accountable officer for public
funds or property;
3. He is required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor; and
4. He fails to do so for a period of two (2)
months after such accounts should be
rendered.
NOTES:
• This is a felony by omission. There is a duty
of an accountable public officer to render
accounts of public funds or property and he
fails to do so.
• Demand for accounting is NOT necessary. It
is sufficient that there is a law or regulation
requiring him to render account.
This is also known as “technical malversation.”
ELEMENTS:
1. The offender is a public officer;
2. There is a public fund or property under his
administration;
3. Such public fund or property has been
appropriated by law or ordinance; and
4. He applies the same to a public use other
than that for which such fund or property has
been appropriated by law or ordinance.
NOTES:
• There is no technical malversation if there is
no law or ordinance appropriating public
funds or property for a particular purpose; the
public funds or property must be earmarked
for a specific use.

• It is NOT essential that there be • Technical malversation is not included in nor

misappropriation. If there is misappropriation, is it necessarily included in the crime of
he would be liable also for malversation malversation of public funds.
under Article 217.
TECHNICAL MALVERSATION
• A prior notice or demand for liquidation of MALVERSATION PER SE
cash advances is NOT a condition sine qua Offenders are accountable public officers.
non before an accountable public officer may
be held liable under Article 218, RPC Offender does not Offender in certain
(Lumauig vs. People; July 7, 2014). derive any personal cases profits from the
gain or profit. proceeds of the crime.
ARTICLE 219: The public fund or The public fund or
FAILURE OF A RESPONSIBLE OFFICER TO property is applied to property is applied to
RENDER ACCOUNTS BEFORE another public use. the personal use and
LEAVING THE COUNTRY benefit of the offender
or another person.
ELEMENTS:
1. Offender is a public officer; ARTICLE 221:
2. He must be an accountable officer for public FAILURE TO MAKE DELIVERY OF PUBLIC
funds or property; FUNDS OR PROPERTY
3. He unlawfully left (or be in a point of
leaving) the Philippines without securing from PUNISHABLE ACTS:
the Commission on Audit a certificate 1. Failing to make payment by a public officer
showing that his accounts have been finally who is under obligation to make such
settled; and payment from Government funds in his
4. Failure to secure such a certification makes possession.
them liable, whether or not funds were 2. Refusing to make delivery by a public officer
actually misappropriated. who has been ordered by a competent
authority to deliver any property in his
NOTE: The act of leaving the country must be custody or under his administration.
unauthorized or not permitted by law.
ELEMENTS (Failure to Make Payment):
ARTICLE 220: 1. The public officer has Government funds in
ILLEGAL USE OF PUBLIC FUNDS his possession;
OR PROPERTY 2. He is under obligation to make payment from
such funds; and

173
3. He fails to make payment maliciously.
NOTE: Under refusal to make delivery of
property, the refusal must be malicious also.
ARTICLE 222:
OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
Private individuals who may be liable under
Articles 217 – 221:
1. Private individuals who, in any capacity
whatever, have charge of any national,
provincial or municipal funds, revenue, or
property.
2. Administrator or depository of funds or
property, attached, seized or deposited by
public authority, even if such property
belongs to a private individual.
NOTES:
• The purpose of Article 222 is to extend the
provisions of the Code on malversation to
private individuals.
• Private property is included provided it is
attached, seized or deposited by public
authority.
CHAPTER FIVE:
INFIDELITY OF PUBLIC OFFICERS
ARTICLE 223:
CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS:
1. The offender is a public officer;
2. He had in his custody or charge, a prisoner,
either a detention prisoner or prisoner by
final judgment;
3. Such prisoner escaped from his custody;
4. He was in connivance with the prisoner in the
latter’s escape.
NOTES:
• Article 223 punishes any public officer who
shall consent to the escape of a prisoner in
his custody or charge. Connivance with the
prisoner (agreement between the prisoner
and the public officer) in his escape is an
indispensable element of the offense.
• Relaxation of imprisonment is considered
infidelity.
There is a real and actual evasion of service
of a sentence when the custodian permits
the prisoner to obtain a relaxation of his
imprisonment and to escape the punishment
of being deprived of his liberty, thus making
the penalty ineffectual, although the conflict
may not have fled (U.S. vs. Bandino; 29 Phil.
459).
• The offense defined in Art. 223 includes a
case where the guard allowed the prisoner,
serving a 6-day sentence in the municipal
jail, to sleep in his house and eat there
because the municipality had no outlay for
the food of prisoners (People vs. Revilla;
C.A., 37 O.G. 1896).
ARTICLE 224:
EVASION THROUGH NEGLIGENCE
ELEMENTS:
1. The offender is a public officer.
2. He is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment.
3. Such prisoner escapes through his
negligence.
NOTES:
• Not every negligence or distraction is
penalized. It is only that positive
carelessness that is short of deliberate non-
performance of his duties as guard that is the
gravamen of the crime of infidelity.
• The fact that the public officer recaptured the
prisoner who had escaped from his custody
does NOT afford complete exculpation.
LIABILITY OF ESCAPING PRISONER:
(a) If the fugitive is serving sentence by reason
of final judgment, he is liable for evasion of
the service of sentence under Article 157.
(b) If the fugitive is only a detention prisoner, he
does NOT incur criminal liability.
ARTICLE 225:
ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A
PUBLIC OFFICER
ELEMENTS:
1. The offender is a private person;
174
2. The conveyance or custody of a prisoner or
person under arrest is confided to him;
3. The prisoner or person under arrest escapes;
4. The offender consents to the escape of the
prisoner or person under arrest or the
escape takes place through his negligence.
NOTES:
• The crime of infidelity in the custody of
prisoners is committed by the custodian of
the prisoner. If another person causes the
escape of the prisoner by means of violence,
intimidation or bribery or by any other means,
such person is liable under Article 156.
• If the jail guard connives with, allows or
consents to the escape, he is liable under
Article 225.
• Article 225 is NOT applicable if a private
person was the one who made the arrest and
consented to the escape of the person
arrested.
• If the escape was with consideration,
bribery is deemed committed in addition
thereto because he was performing a public
function, hence, he is, at that instance,
deemed to be a public officer (Boado, 2008).
ARTICLE 226:
REMOVAL, CONCEALMENT OR
DESTRUCTION OF DOCUMENT
ELEMENTS:
1. The offender is a public officer.
2. He abstracts, destroys or conceals
documents of papers.
3. The said documents or papers should have
been entrusted to such public officer by
reason of his office.
4. Damage, whether serious or not, to a third
party or to the public interest should have
been caused.
NOTES:
• Only public officers who have been officially
entrusted with the documents or papers can
be held liable under Article 226.
THUS, the stenographer who removes or
destroys the record of a case kept by the
Clerk of Court is NOT guilty of a violation of
Article 226, because the stenographer is
NOT officially entrusted with the record. The
public officer who is officially entrusted with
the record is Clerk of Court.
• The document must be complete and one by
which a right could be established or an
obligation could be extinguished.
• Books, periodicals, pamphlets are NOT
documents.
• The word “papers” in the phrase “or papers
officially entrusted to him” includes checks,
promissory notes and paper money.
• Post office official who retained the mail
without forwarding letters to their destination
is guilty of infidelity in the custody of papers.
PUNISHABLE ACTS:
1. Removing, or
2. Destroying, or
3. Concealing, documents or papers officially
entrusted to the offending public officer.
NOTES:
• It is necessary that the act of removal must
be coupled with proof of intention to conceal.
The word “OR” is a disassociation and
independence of one thing from each of the
other things mentioned. While in the
interpretation of statutes, “or” may be read as
“and” and vice versa, it so only when the
context so requires (Kataniag vs. People; 74
Phil. 45).
• Accordingly, removal, destruction and
concealment must be viewed as DISTINCT
modes of committing the offense.
• REMOVAL must be for illicit purpose.
NOTE: The removal is for an illicit purpose
when the intention of the offender is –
(a) To tamper with it, or
(b) To profit by it, or
(c) To commit an act constituting a breach
of trust in the official care thereof.
• Infidelity in the custody of document by
DESTROYING or CONCEALING does NOT
require proof of illicit purpose.
• There must be damage, great or small –
175
 (a) Whenever serious damage is caused
thereby to a third party or to the public
interest.
(b) Whenever the damage caused to a third
party or to the public interest is not
serious.
• Damage in this article may consist in mere
alarm to the public or n the alienation of its
confidence in any branch of the government
service.
ARTICLE 227:
OFFICER BREAKING SEAL
ELEMENTS:
1. The offender is a public officer.
2. He is charged with the custody of papers or
property.
3. These papers or property are sealed by
proper authority.
4. He breaks the seals or permits them to be
broken.
NOTES:
• Crime is committed by breaking or
permitting seals to be broken.
• Damage or intent to cause damage is NOT
necessary.
• Mere attempt to know or determine the
contents of the sealed documents
consummates the crime.
ARTICLE 228:
OPENING OF CLOSED DOCUMENTS
ELEMENTS:
1. The offender is a public officer.
2. Any closed papers, documents, or objects
are entrusted to his custody.
3. He opens or permits to be opened said
closed papers, documents or objects.
4. He does not have proper authority.
NOTE: “Custody” means a guarding or keeping
safe or care.
NOTES:
• Closed documents must be entrusted to the
custody of the accused by reason of his
office.
• Damage or intent to cause damage is NOT
an element of the offense.
• If, in opening closed papers or object, the
public officer broke the seal, the offense
would be breaking seal, and NOT the crime
of opening a closed document, because the
offender must be a public officer “not
included in the provisions of next preceding
article.
ARTICLE 229:
REVELATION OF SECRETS
BY AN OFFICER
PUNISHABLE ACTS:
1. Revealing any secrets known to the
offending public officer by reason of his
official capacity.
2. Delivering wrongfully papers or copies of
papers of which he may have charge and
which should not be published.
ELEMENTS (Revealing Any Secrets):
1. The offender is a public officer.
2. He knows of a secret by reason of his official
capacity.
3. He reveals such secret without authority or
justifiable reasons.
4. Damage, great or small, is caused to the
public interest.
NOTES:
• If the secret revealed does not affect public
interest, the revelation would constitute NO
crime at all.
• Espionage is NOT contemplated in this
article.
• Secrets here do NOT pertain to secrets of
private individuals.
ELEMENTS (Delivering Wrongfully):
1. The offender is a public officer
2. He has charge of papers.
3. Those papers should not be published.
4. He delivers those papers or copies thereof to
a third person.
5. The delivery is wrongful.
6. Damage is caused to public interest.
NOTE: The offender must have charge of papers
or copies of paper. The word “CHARGE” means
control or custody.
176
 authority and issued with all the legal
It seems that if the public officer is merely formalities. (NOTE: Judgment should have
entrusted with the papers but not with the been rendered in a hearing.)
custody of the papers, he is not liable under this 4. Offender without any legal justification
provision. openly refuses to execute the said
judgment, decision or order, which he is duty
REVELATION OF INFIDELITY IN THE bound to obey. (NOTE:)
SECRETS BY AN CUSTODY OF
OFFICER DOCUMENTS OR NOTE: The refusal must be clear, manifest and
PAPERS BY decisive or a repeated and obstinate
REMOVING THE SAME disobedience in the fulfillment of an order.
The papers contain The papers do NOT
secrets and therefore contain secrets but their The refusal must be intentional and must not be
should not be removal is for an illicit confused with omission arising from oversight,
published and the purpose. mistake or erroneous interpretation of the order.
public officer having
charge thereof ARTICLE 232:
removes and delivers DISOBEDIENCE TO ORDER OF SUPERIOR
them wrongfully to a OFFICER, WHEN SAID ORDER WAS
third person. SUSPENDED BY INFERIOR OFFICER

ARTICLE 230: ELEMENTS:

PUBLIC OFFICER REVEALING SECRETS
OF PRIVATE INDIVIDUAL
ELEMENTS:
1. The offender is a public officer.
2. He knows of the secrets of a private
individual by reason of his office.
3. He reveals such secrets without authority or
justifiable reason.
Note:
• Revelation to one person is sufficient, for
public revelation is not required.
• The revelation will not amount to a crime
under this article if the secrets are contrary to
public interest or to the administration of
justice.
CHAPTER SIX:
OTHER OFFENSES OR IRREGULARITIES
BY PUBLIC OFFICERS
ARTICLE 231:
OPEN DISOBEDIENCE
ELEMENTS:
1. The offender is a judicial or executive officer.
2. There is a judgment, decision or order of a
superior authority.
3. Such judgment, decision or order was made
within the scope of jurisdiction of the superior
1. The offender is a public officer.
2. An order is issued by his superior for
execution.
3. He has for any reason suspended the
execution of such order.
4. His superior disapproves the suspension of
the execution of the order.
5. The offender disobeys his superior despite
the disapproval of the suspension.
NOTES:
• The article does NOT apply if the order of the
superior is illegal.
• What is punished by the law is
insubordination of the act of defying the
authority which is detrimental to public
interest.
ARTICLE 233:
REFUSAL OF ASSISTANCE
ELEMENTS:
1. The offender is a public office.
2. A competent authority demands from
offender that he lend his cooperation towards
the administration of justice or other public
service.
3. The offender fails to do so maliciously.
NOTES:
• There must be a DEMAND from a competent
authority. Hence, if the chief of police

177
 received from a private party a subpoena,
issued by a fiscal, with a request to serve it
upon a person to be a witness, and the chief
of police maliciously refused to do so, the
latter is not liable.
• Damage to public interest or to a third party
is essential whether it be great or small.
ARTICLE 234:
REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS:
1. The offender is elected by popular election to
a public office.
2. He refuses to be sworn in or to discharge the
duties of said office.
3. There is no legal motive for such refusal to
be sworn in or to discharge the duties of said
office.
NOTES:
• The refusal must be WITHOUT legal motive.
If the elected person is underage, or
otherwise disqualified, his refusal to be
sworn in or to discharge the duties of the
office is justified.
• The reason why refusal to discharge elective
office is punished is that once individual is
elected to an office by the will of the people,
the discharge of the duties of said office
becomes a matter of duty, not only right.
ARTICLE 235:
MALTREATMENT OF PRISONERS
ELEMENTS:
1. Offender is a public officer or employee.
2. He has under his charge a prisoner or
detention prisoner.
3. He maltreats such prisoner in either of the
following manners:
(a) By overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge either; by the
imposition of punishments not authorized
by the regulations or by inflicting such
punishments (those authorized) in a
cruel and humiliating manner.
(b) By maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner.
NOTES:
• Maltreatment should NOT be due to personal
grudge; otherwise, offender is liable for
physical injuries only.
• The practice of presenting captured persons
in national television for public viewing is a
form of maltreatment because they are being
presented as criminals even before they are
charged which is humiliating (Boado, 2008).
ARTICLE 236:
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICER
ELEMENTS:
1. The offender is entitled to hold public office
or employment, either by election or
appointment.
2. The law requires that he should first be
sworn in and/or should first give a bond.
3. He assumes the performance of the duties
and powers of such office.
4. He has not taken his oath of office and/or
given the bond required by law.
ARTICLE 237:
PROLONGING PERFORMANCE OF
DUTIES AND POWERS
ELEMENTS:
1. The offender is holding a public office.
2. The period provided by law, regulations or
special provisions for holding such office, has
already expired.
3. He continues to exercise the duties and
powers of such office.
NOTE: A public officer who has been
suspended, separated, declared overaged, or
dismissed CANNOT continue to perform the
duties of his office.
ARTICLE 238:
ABANDONMENT OF OFFICE OR POSITION
ELEMENTS:
1. The offender is a public officer.
2. He formally resigns from his position.
3. His resignation has not yet been accepted.
4. He abandons his office to the detriment of
the public.
NOTES:
178
• There must be a written or formal ARTICLE 241:
resignation. USURPATION OF JUDICIAL FUNCTIONS

• The offense is QUALIFIED if the ELEMENTS:

abandonment of the office has for its purpose
to evade the discharge of the duties of
preventing, prosecuting or punishing any of
the crimes falling within Title One, and
Chapter 3 of Book 2, RPC.
1. The offender is an officer of the executive
branch of the Government.
2. He assumes judicial powers or obstructs the
execution of any order or decision rendered
by any judge within his jurisdiction.

ABANDONMENT NEGLIGENCE AND NOTE: Mayor is guilty under this article if he

OF OFFICE TOLERANCE IN investigates a case while justice of the peace is
PROSECUTION in the municipality.
It is committed by It is committed only by
any public officer. public officers who have Articles 239 to 241 punish interference by
the duty to institute officers of one of the three department of the
prosecution for the government with the functions of an official of
punishment of the another department.
violations of law.
The public officer The public officer does not ARTICLE 242:
abandons his abandon his office but he DISOBEYING REQUEST FOR
office to evade the fails to prosecute an DISQUALIFICATION
discharge of his offense by dereliction of
duty. duty or by malicious ELEMENTS:
tolerance of the 1. The offender is a public officer.
commission of the offense. 2. A proceeding is pending before such public
officer.
ARTICLE 239: 3. There is a question brought before the
USURPATION OF LEGISLATIVE POWERS proper authority regarding his jurisdiction,
which is not yet decided.
ELEMENTS: 4. He has been lawfully required to refrain from
1. Offender is an executive or judicial officer. continuing the proceeding.
2. He makes general rules or regulations 5. He continues the proceeding.
beyond the scope of his authority or attempts
to repeal a law or suspends the execution NOTES:
thereof. • The offender is any public officer who has
been lawfully required to refrain from
ARTICLE 240: continuing with his course of action. He must
USURPATION OF EXECUTIVE FUNCTIONS wait until the question of jurisdiction is finally
settled.
ELEMENTS:
• The disobedient public officer is liable, even
1. The offender is a judge.
if the jurisdictional question is resolved by the
2. He assumes a power pertaining to the
proper authority in his favor.
executive authorities or obstructs the
executive authorities in the lawful exercise of
their powers. ARTICLE 243:
ORDERS OR REQUESTS BY EXECUTIVE
NOTE: Legislative officers are NOT liable for OFFICERS TO ANY JUDICIAL AUTHORITY
usurpation of powers.
ELEMENTS:
1. The offender is an executive officer;
2. He addresses any order or suggestion to any
judicial authority; and

179
3. The order or suggestion relates to any case
or business coming within the exclusive
jurisdiction of the courts of justice.
NOTES:
• The purpose of the provision is to maintain
the independence of the judiciary.
• The judicial branch is intended to be free and
secure from executive dictations. Courts
cannot, under their duty to their creator, the
sovereign, permit themselves to be
subordinated to any person or official to
which their creator did not itself subordinate
them (Borromeo vs. Mariano; 41 Phil. 322).
• Legislative or judicial officers are NOT liable
under Article 243.
ARTICLE 244:
UNLAWFUL APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a
public office;
3. That such person lacks the legal
qualifications therefor; and
4. That the offender knows that his nominee or
appointee lacks the qualifications at the
same time he made the nomination or
appointment.
NOTE:
• “Nominate” is different from “recommend.”
Recommending, knowing that recommendee
has no qualification, is NOT a crime.
• There must be a law providing for
qualifications of a person to be nominated or
appointed to a public office.
ARTICLE 245:
ABUSES AGAINST CHASTITY
WAYS OF COMMISSION:
1. By soliciting or making immoral or indecent
advances to a woman interested in matters
pending before the offending officer for
decision, or with respect to which he is
required to submit a report to or consult with
a superior officer;
2. By soliciting or making immoral or indecent
advances to a woman under the offender’s
custody; or
3. By soliciting or making immoral or indecent
advances to the wife, daughter, sister or
relative within the same degree by affinity of
any person in the custody of the offending
warden or officer.
ELEMENTS:
1. The offender is a public officer;
2. He solicits or makes immoral or incident
advances to a woman; and
3. Such woman must be:
(a) Interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to
or consult with a superior officer; or
(b) Under the custody of the offender who is
a warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
(c) The wife, daughter, sister or relative
within the same degree by affinity of the
person in the custody of the offender.
NOTES:
• The mother of the person in the custody of
the offender is NOT included.
• “SOLICIT” means to propose earnestly and
persistently something unchaste and immoral
to a woman.
• The crime is committed by mere proposal. If
the offender succeeds in committing a crime
against chastity, the solicitation and
advances are considered as merely as
preparatory acts.
• Proof of solicitation is NOT necessary when
there is sexual intercourse.
180
 TITLE EIGHT
CRIMES AGAINST PERSONS
CHAPTER ONE:
DESTRUCTION OF LIFE
ARTICLE 246:
PARRICIDE
ELEMENTS:
1. A person is killed;
2. The deceased is killed by the accused;
3. Deceased is the:
(a) Legitimate/illegitimate father,
(b) Legitimate/illegitimate mother,
(c) Legitimate/illegitimate child who should
not be less than 3 days (72 hours) old,
otherwise crime is infanticide,
(d) Other legitimate ascendant,
(e) Other legitimate descendant, or
(f) Legitimate spouse.
NOTES:
• The key element in parricide is the
RELATIONSHIP of the offender with the
victim (People v. Dalag; April 30, 2003).
• The following are EXCLUDED (i.e. the
accused will NOT be guilty of parricide):
(a) Adoptive relationship;
(b) Child less than 3 days old (infanticide);
(c) Relationship by affinity;
(d) Illegitimate other ascendant
descendant;
(e) Common-law spouse; and
(f) Siblings and other collateral relatives.
• Relationship must be alleged and proved.
If NOT alleged, it can only be considered as
an ordinary aggravating circumstance
(People v. Jumawan; September 23, 1982).
• In case of Muslim marriages, Article 27, P.D.
1083 (The Muslim Code of Personal Laws)
allows a Muslim to validly contract marriage
with four wives, BUT the killing of the
second, third, or fourth wife will NOT
constitute parricide because a Muslim would
be punished and penalized more than a non-
Muslim by reason of a marriage which the
law allows him to contract.
• A STRANGER, who cooperates and takes
part in the commission of the crime of
parricide, is NOT guilty of parricide but only
homicide or murder, as the case may be.
• If the accused is not aware that the victim is
his relative, he will be charged for the actual
crime committed but Article 49 will be applied
to determine his penalty.
• In case of error in personae, it is parricide
even if there is no intent to kill the relative.
BUT, the penalty imposable is that which is
imposable for the intended crime.
• Intent to kill the relative is essential in
parricide.
HOWEVER, it is still parricide even if there is
no intent to kill the relative pursuant to
paragraph 1, Article 4.
BUT, intent to kill is essential in attempted or
frustrated parricide.
PENALTY: Reclusion perpetua to death
When the penalty for parricide shall NOT be
reclusion perpetua to death:
1. Reckless or simple imprudence (Art. 365)
2. Parricide by mistake (Article 49)
3. Parricide under exceptional circumstances
(Article 247).
or
ARTICLE 247:
DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
REQUISITES:
1. A legally married person, or a parent,
surprises his spouse or his daughter, the
latter under 18 years of age and living with
him, in the act of sexual intercourse with
another person;
2. He or she kills any or both of them, or inflicts
upon any or both of them any serious
physical injury in the act or immediately
thereafter;
3. He has NOT promoted or facilitated the
prostitution of his wife or daughter, or that
she has not consented to the infidelity of the
other spouse.
NOTES:
181
• This article does NOT define and penalize a
felony, BUT grants a singular mitigating
circumstance and provides for the imposition
of the penalty of destierro (as a form of
protection for the accused) rather than the
ordinary penalty for parricide.
• The killing must be the proximate result of
the outrage overwhelming the accused, and
NOT influenced by external factors (People
vs. Gelaver; June 9, 1993).
• The discovery, escape, pursuit and the killing
must all form part of one continuous act
(U.S. v. Vargas; May 7, 1903).
• However, surprising the spouse or daughter
in the act of sexual intercourse is an
indispensable requisite.
CASE:
A husband who, upon arriving home one
night and seeing a man jump out of the
window, killed his wife who was begging him
to pardon her is guilty of parricide and the
penalty to be imposed is reclusion perpetua
to death, not Destierro (People v. Marquez;
53 Phil. 260).
• Evidence of the victim’s promiscuity is
inconsequential to the killing (People v.
Puedan; September 2, 2002).
• The accused must be a LEGALLY married
person. Hence, this does NOT apply to
common law spouses.
• Legitimacy of parent is NOT required,
provided that the daughter is a (a) minor, (b)
single (unmarried), and (c) living with her
parents.
• The accused husband is NOT entitled to the
benefits of Article 247 when he killed his
unfaithful wife and her paramour after the
actual act of coitus (People vs. Gonzales;
October 31, 1939).
• Physical injuries must be serious.
If the physical injuries are less serious or
slight, this will be an absolutory cause;
hence, NO criminal liability.
• There is NO liability for physical injuries
suffered by third persons caught in the
crossfire as the accused shot the victim.
Inflicting death under exceptional
circumstances is not murder. Therefore, the
accused cannot be held liable for injuries
sustained by third persons as a result
thereof. There is NO aberratio ictus because
he was acting lawfully (People v. Abarca;
September 14, 1987).
• Persons who are NOT entitled to the
benefits of Article 247:
(a) Any person who PROMOTES the
prostitution of his wife or daughter;
(b) Any person who FACILITATES the
prostitution of his wife or daughter;
(c) Any person who CONSENTS to the
infidelity of the other spouse.
ARTICLE 248:
MURDER
ELEMENTS: K A A N
1. A person was killed;
2. The accused killed the deceased;
3. The killing is attended by any of the
qualifying circumstances in Article 248.
4. The killing is NOT parricide or infanticide.
PENALTY: Reclusion perpetua to death
QUALIFYING CIRCUMSTANCES:
All the qualifying circumstances of murder are all
found in Article 14 EXCEPT for “outraging or
scoffing at the person or corpse of the victim.”
(a) T – SAWI: With treachery, taking advantage
of superior strength, with the aid of armed
men, or employing means to weaken the
defense, or of means or persons to insure or
afford impunity;
(b) PRP: In consideration of a price, reward or
promise;
(c) IF PESS D FaMO: By means of inundation,
fire, poison, explosion, shipwreck, stranding
of a vessel, derailment or assault upon a
railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means
involving great waste and ruin;
(d) CEE CEO: On occasion of any of the
calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or
any other public calamity;
182
(e) With evident premeditation;
(f) COS: With cruelty, by deliberately and
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person
or corpse.
RULES FOR THE APPLICATION OF THE
QUALIFYING CIRCUMSTANCES:
1. Murder will exist with only one of the
circumstances described in Article 248.
2. When the other circumstances are absorbed
or included in one qualifying circumstance,
they cannot be considered as generic
aggravating.
3. Any of the qualifying circumstances
enumerated in Article 248 must be alleged
in the information. Otherwise, it is only a
generic aggravating circumstance.
NOTES ON QUALIFYING CIRCUMSTANCES:
See also discussion in Article 14.
Treachery
• It means that the attack was executed in
such a manner as to make it impossible for
the victim to retaliate (People vs. Dones;
June 20, 2012).
Taking advantage of superior strength
• There must be deliberate intent to take
advantage of superior strength.
Aid of armed men
• “Aid of armed men” is absorbed by the
qualifying circumstance of “band.”
• It may be taken independently of abuse of
superior strength (People vs. San Miguel;
September 27, 1983).
Employment of means to weaken the defense
Employment of means or persons to insure
or afford impunity
Price, reward or promise
• This is considered aggravating circumstance
equally against the offeror and the acceptor
(People vs. Alincastre; August 30, 1971).
• It must be the sole motivating factor in the
commission of the crime, without which the
crime would not have been committed.
• Price need not be in money only (People v.
Orenciada; August 7, 1924).
Inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment
or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use
of any other means involving great waste and
ruin
• This is NOT aggravating when it is already
an essential part of the felony.
Murder by fire
• When a person is killed by fire, the primordial
criminal intent of the offender is considered.
(a) If the primordial criminal intent of the
offender is TO KILL and fire was only
used as a means to do so, the crime is
murder, having been qualified by fire.
NOTE: Intent to kill must be present for
the use of fire to be appreciated as a
qualifying circumstance.
(b) If the primordial criminal intent of the
offender is TO DESTROY property with
the use of fire and incidentally,
somebody within the premises is killed,
the crime is arson with homicide
penalized under Article 326.
CASE:
Intending to make fun of a mentally-disabled
person, Pugay poured gasoline on the victim
while Samson set him on fire. The victim
died. There was no animosity between the
two accused and the victim such that it
cannot be said that they resorted to fire to kill
the victim. It was merely a part of their fun
making but because their acts were
felonious, they are criminally liable (People v.
Pugay; November 17, 1988).
Murder by poison
• Treachery and evident premeditation are
inherent in murder by poison only if the
offender has the intent to kill the victim by
use of poison.
On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity
183
• Offender should deliberately take advantage
of the occasions mentioned in order to
facilitate the commission of the crime.
Evident premeditation
• It is primarily a state of mind.
• Evident premeditation is absorbed in price,
reward or promise.
Cruelty, by deliberately and inhumanly
augmenting the suffering of the victim
• Under Article 14, the generic aggravating
circumstance of cruelty (ensañamiento)
requires that the victim be alive when the
cruel wounds were inflicted and, therefore,
there must be evidence to that effect.
• It cannot be presumed (People vs. Artieda;
May 15, 1979).
Outraging or scoffing at his person or corpse
• “OUTRAGE” means “to commit an extremely
vicious or deeply insulting act.”
• “SCOFF” means “to show contempt by
derisive acts or language” (People vs. Olivo;
January 18, 2001).
In scoffing, the victim must be already dead
after the acts were committed (People vs.
Amondina; March 17, 1993).
Use of unlicensed firearm
• This is a special aggravating circumstance in
murder or homicide that will increase the
penalty to the maximum period. It cannot be
offset by any ordinary mitigating
circumstances, regardless of their nature or
number. There can be no separate
conviction for illegal possession of firearms
(People vs. Sabadao; October 30, 2000).
ARTICLE 249:
HOMICIDE
It is the unlawful killing of any person without any
attendant circumstance that will qualify it as
murder, parricide, or infanticide.
ELEMENTS: K A I N
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was NOT attended by any of
the qualifying circumstances of murder, or by
that of parricide or infanticide.
NOTES:
• Use of unlicensed firearm is considered as
an aggravating circumstance in homicide,
and not as a separate crime.
• Intent to kill is presumed when death results.
Evidence of intent to kill is important only in
attempted or frustrated homicide.
In attempted or frustrated homicide, there is
intent to kill. In physical injuries, there is
none. However, if as a result of the physical
injuries inflicted, the victim died, the crime
will be homicide because the law presumes
intent to kill and punishes the result, and not
the intent of the act. The accused will,
however, be entitled to the mitigating
circumstance of lack of intent to commit so
grave a wrong.
Physical injuries sufficient to cause death are
one of the essential elements of frustrated
homicide.
There is NO offense of frustrated homicide
through imprudence. The element of intent to
kill in frustrated homicide is incompatible with
negligence or imprudence.
PROBLEM:
Accused pharmacist prepared the medicine
on prescription but erroneously used a highly
poisonous substance. When taken by the
patient, the latter nearly died. What is the
crime committed?
ANSWER:
Accused is guilty only of reckless
imprudence resulting in serious physical
injuries.
CORPUS DELICTI
In all crimes against persons in which the death
of the victim is an element of an offense, there
must be satisfactory evidence of:
(a) The fact of death, and
(b) The identity of the victim.
ARTICLE 250:
184
 PENALTY FOR FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE
Courts may impose a penalty two degrees lower
for FRUSTRATED parricide, murder or homicide.
Courts may impose a penalty three degrees
lower for ATTEMPTED parricide, murder or
homicide.
NOTES:
• This rule is permissive, NOT mandatory.
• BUT, attempt against the life of the Chief
Executive, etc. is punishable by death.
ARTICLE 251:
DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. There are several persons;
2. They do not compose groups organized
for the common purpose of assaulting
and attacking each other reciprocally;
3. These several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. Someone was killed in the course of affray;
5. It cannot be ascertained who actually
killed the deceased; and
6. The person or persons who inflicted
serious physical injuries or who used
violence can be identified.
PERSONS LIABLE:
(a) The person or persons who inflicted the
serious physical injuries are liable.
(b) If it is not known who inflicted the serious
physical injuries on the deceased, all the
persons who used violence upon the person
of the victim are liable.
TUMULTUOUS AFFRAY
It is a melee or free-for-all, where several
persons not comprising definite or identifiable
groups attack one another in a confused and
disorganized manner, resulting in the death or
injury of one or some of them (People vs.
Campa; February 28, 1994).
NOTES:
• There is NO tumultuous affray if the
commotion was between two distinct groups
(People v. Unlagada; September 17, 2002).
• The person killed need NOT be a participant
in the tumultuous affray.
• If the person who inflicted the fatal wound is
positively identified, Article 251 does NOT
apply. The crime will be homicide under
Article 249.
ARTICLE 252:
PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray;
2. That a participant or some participants
thereof suffered serious physical injuries or
physical injuries of a less serious nature only;
3. That the person responsible therefor cannot
be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.
NOTES:
• Injured must be a participant in the affray.
Unlike in Article 251, the injured party in this
article must be one or some of the
participants in the affray.
• All those who appear to have used violence
shall suffer the penalty next lower in degree
than that provided for the serious physical
injuries inflicted.
For less serious physical injuries, the penalty
is arresto mayor from five to fifteen days.
• If the one who caused the physical injuries is
known, he will be liable for physical injuries
actually committed.
• Slight physical injury is NOT included and is
considered as inherent in a tumultuous
affray.
ARTICLE 253:
GIVING ASSISTANCE TO SUICIDE
PUNISHABLE ACTS:
1. Assisting another to commit suicide,
whether the suicide is consummated or not;
and
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself.
185

NOTES:
• If the suicide is NOT consummated:
(a) For ACT 1: Arresto mayor in its medium
and maximum periods.
(b) For ACT 2: One or two degrees lower
than that provided for consummated
suicide.
• An attempt to commit suicide is an act but it
is NOT punishable by law.
• A pregnant woman who attempts to commit
suicide by means of poison, but instead of
dying, the fetus in her womb was expelled, is
NOT liable for abortion because:
(a) She was NOT committing a felony (in
order to incur criminal liability for the
result not intended, one must be
committing a felony), and
(b) Unintentional abortion is punishable only
when it is caused by violence (Article
257), not by poison.
• The relation of the offender to the person
committing suicide is NOT material. The law
does not distinguish. Hence, penalty would
be the same if the offender is the father,
mother or child.
• The person attempting suicide is NOT liable.
(Reason: He should be pitied, not punished).
EUTHANASIA
It (also called “mercy killing”) is a practice of
painlessly putting to death a person suffering
from some incurable disease. It is PUNISHABLE
under this article.
NOTES:
• A doctor who resorts to euthanasia of his
patient may be liable for murder.
• BUT, if the patient himself asks to be killed
by his doctor, this article applies.
ARTICLE 254:
DISCHARGE OF FIREARMS
ELEMENTS: Dis No
1. The offender discharges a firearm against or
at another person; and
2. Offender has no intention to kill that person.
NOTES:
• Discharge towards the house of victim is
NOT illegal discharge of firearm.
Firing a gun against the house of the
offended party at random not knowing in
what part of the house the people inside
were, is only alarm under Article 155 (People
vs. Hinolan; C.A., 47 O.G. 3596).
• There must be NO intention to kill.
Intention to kill is negatived by the distance
of 200 yards between offender and victim
(People vs. Agbuya; 57 Phil 238).
• Even if there was no intent to kill but if the
discharge of firearms resulted to death, it will
be homicide pursuant to par. 1, Article 4.
• The crime is discharge of firearm even if the
gun was not pointed at the offended party
when it fired, as long as it was initially aimed
by the accused at or against the offended
party (People v. Ramirez; C.A. 46 OG 6119).
• There is NO complex crime of discharge of
firearms with slight physical injuries.
BUT, there can be a complex crime of
discharge of firearms with less serious
physical injuries. Both are less grave
felonies.
Discharge of firearms can be complexed with
serious physical injuries under Pars. 3, 4,
and 5, Article 263.
As to serious physical injuries under Pars. 1
and 2, Article 263, the discharge of firearms
is absorbed. There is no complex crime
UNLESS the facts constitute an attempt or
frustration, or if the felony is greater than or
equal to discharge of firearms in penalty.
DISCHARGE OF ALARMS AND
FIREARMS SCANDALS
It is a crime It is a crime against
against persons. public order.
This is without There is intent to cause
intention to kill. public disturbance.
ARTICLE 255:
INFANTICIDE
186
Infanticide is the killing of any child less than
three (3) days (72 hours) of age, whether the
killer is the parent or grandparent, any other
relative of the child, or a stranger.
ELEMENTS:
1. A child was killed.
2. The deceased child was less than three
days (72 hours) of age.
3. The accused killed the said child.
NOTES:
• The child must be born alive and can sustain
an independent life when it is killed.
• Only the mother and the maternal
grandparents of the child are entitled to the
privileged mitigating circumstance of
concealing dishonor.
• If the child is abandoned without any intent to
kill and death results as a consequence, the
crime committed is NOT infanticide but
abandonment under Article 276.
• No crime of infanticide is committed when
the child was born dead, or when it, although
born alive, could not sustain an independent
life when it was killed.
PENALTY:
• Father, mother, or legitimate other
ascendant who commits infanticide shall
suffer the penalty for parricide.
• Other person who commits infanticide shall
suffer the penalty for murder.
ARTICLE 256:
INTENTIONAL ABORTION
Intentional Abortion is the willful killing of the
fetus in the uterus, or the violent expulsion of the
fetus from the womb of the mother.
ELEMENTS:
1. There is a pregnant woman.
2. Any of the following ways is committed:
(a) Violence is exerted upon the person of
the pregnant woman, or
(b) Drugs or beverages are administered,
without violence upon and without the
consent of the pregnant woman, or
(c) Drugs or beverages are administered,
with the consent of pregnant woman.
3. The fetus dies, as a result thereof, either in
the womb or after having been expelled
therefrom.
4. The abortion is intended.
PERSONS LIABLE:
(a) The person who intentionally caused the
abortion.
(b) The woman, if she consented to the abortion
caused on her.
NOTES:
• Knowledge of the accused about the
pregnancy is essential.
• Fetus must die. Otherwise, determine if
there is intent to abort: (a) if there is intent,
it is frustrated intentional abortion, or (b) if
there is no intent, only physical injuries.
• Mere boxing of the stomach taken together
with the immediate strangling of the victim in
a fight is NOT sufficient proof to show intent
to cause abortion (People vs. Salufrania;
March 30, 1988).
ABORTION INFANTICIDE
Fetus could not sustain Fetus could sustain an
an independent life. independent life upon
There is no legal separation from
viability. mother’s womb.
ARTICLE 257:
UNINTENTIONAL ABORTION
ELEMENTS:
1. There is a pregnant woman;
2. Violence is used upon such pregnant
woman without intending an abortion;
3. The violence is intentionally exerted; and
4. As a result of the violence, the fetus dies,
either in the womb or after having been
expelled therefrom.
NOTES:
• Unintentional abortion is an intentional
felony. The offender must have inflicted the
violence deliberately and voluntarily.
• Knowledge of the pregnancy is NOT
essential. The offender may or may not be
aware of the pregnancy of the woman.
• Unintentional abortion requires physical
violence inflicted deliberately and voluntarily
187
 by a third person upon the pregnant woman,
without intention to cause the abortion.
• If the pregnant woman aborted because of
intimidation, the crime committed is NOT
unintentional abortion because there is no
violence. The crime is light threats.
• If the pregnant woman was killed by violence
by her husband, the crime committed is the
complex crime of parricide with
unintentional abortion.
• Unintentional abortion may be committed
through negligence, as it is enough that the
use of violence be voluntary.
• If the woman wanted to commit suicide, there
can be no intentional or unintentional
abortion. The violence employed must come
from the offender.
ARTICLE 258:
ABORTION PRACTICED BY THE WOMAN
HERSELF OR HER PARENTS
ELEMENTS:
1. There is a pregnant woman who has
suffered an abortion.
2. The abortion is intended.
3. The abortion is caused by:
(a) The pregnant woman herself;
(b) Any other person, with her consent; or
(c) Any of her parents, with her consent, for
the purpose of concealing her dishonor.
The woman is liable when:
(a) She shall practice an abortion upon herself;
or
(b) She shall consent that any other person
should do so.
NOTES:
• If the purpose of abortion is to conceal
dishonor, mitigation applies ONLY to
pregnant woman and NOT to parents of
pregnant woman, unlike in infanticide.
• If the purpose of parents is not to conceal
dishonor, the crime is intentional abortion.
• There is NO mitigation for parents of
pregnant woman even if their purpose is to
conceal dishonor. The penalty for the parents
in this case is the same as the penalty for a
pregnant woman committing abortion,
without the purpose of concealing dishonor.
ARTICLE 259:
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF ABORTIVES
PERSONS LIABLE:
1. Any physician or midwife, who, taking
advantage of his/her scientific knowledge
or skill, shall cause or assist in causing
the abortion.
ELEMENTS:
(a) There is a pregnant woman who has
suffered an abortion.
(b) The abortion is intended.
(c) The offender, who must be a physician
or midwife, causes or assists in causing
the abortion.
(d) Said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
2. Any pharmacist who, without proper
prescription from a physician, shall
dispense any abortive.
ELEMENTS:
(a) The offender is a pharmacist.
(b) There is no proper prescription from a
physician.
(c) The offender dispenses any abortive.
ARTICLE 260:
RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
DUEL
It means a formal agreement to fight with another
party, under determined conditions and with the
participation and intervention of seconds, who fix
such conditions (U.S. v. Navarro; March 9,
1907).
PUNISHABLE ACTS:
1. Killing one’s adversary in a duel;
2. Inflicting physical injuries upon such
adversary; and
3. Engaging in combat although no physical
injuries have been inflicted.
PERSONS LIABLE:
188
(a) Principals: The person who killed or inflicted 2. Serious physical injuries;
physical injuries upon his adversary, or both 3. Administering injurious substance and
combatants in any other case, as principals. beverages;
(b) Accomplices: The seconds (persons who 4. Less serious physical injuries; and
make the selection of the arms and fix the 5. Slight physical injuries and maltreatment.
other conditions of the fight).
PHYSICAL INJURIES ATTEMPTED OR
NOTE: The general principle is that when there FRUSTRATED
is intent to kill, the infliction of physical injuries is HOMICIDE
either attempted or frustrated homicide.
The offender inflicts In frustrated and
physical injuries. attempted homicide,
The Code disregards the intent to kill in
the offender inflicts
considering the penalty for duel when only
physical injuries.
physical injuries are inflicted upon the adversary.
However, attempted
homicide may be
ARTICLE 261: committed even if
CHALLENGING TO A DUEL there is no physical
injury inflicted.
PUNISHABLE ACTS:
The offender has NO The offender has the
1. Challenging another to a duel;
intent to kill the intent to kill the
2. Inciting another to give or accept a challenge
offended party. offended party.
to a duel; and
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight ARTICLE 262:
a duel. MUTILATION

PERSONS LIABLE: Mutilation is the lopping or the clipping of some

(a) Challenger; and
(b) Instigators.
NOTES:
• There must be intention to have a formal
duel (as opposed to light threats under
Article 285, par. 2).
The person making the challenge must have
in mind a formal combat to be concerted
between him and the one challenged in the
presence of two or more persons.
part of the body.
TWO KINDS Of MUTILATION:
1. Castration: Intentionally mutilating another
by depriving him, either totally or partially, of
some essential organ for reproduction.
2. Mayhem or Other Intentional Mutilation:
Intentionally making other mutilation, that is,
by lopping or clipping off any part of the body
of the offended party, other than the
essential organ for reproduction, to deprive
him of that part of the body.

• If one challenges another to a duel by ELEMENTS OF CASTRATION:

shouting “Come down, Olympia, let us
measure your prowess. We will see whose
intestines will come out. You are a coward if
you do not come down,” the crime of
challenging to a duel is NOT committed.
What is committed is the crime of light
threats under Article 285 (People v.
Tacomoy; July 16, 1951).
CHAPTER 2:
PHYSICAL INJURIES
CRIMES PUNISHABLE:
1. Mutilation;
1. That there be castration, that is, mutilation of
organs necessary for generation, such as
penis or ovarium.
2. The mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for
reproduction.
NOTES:
• Offender must have the intention to deprive
the offended party of a part of his body.
If not done purposely or deliberately, the
case will be considered as physical injuries
falling under Article 263.

189
• There must be NO intent to kill; otherwise,
the crime would be homicide or murder as
the case maybe.
• Intent to mutilate must be established. If
there is no intent, the crime is only serious
physical injury.
ARTCILE 263:
SERIOUS PHYSICAL INJURIES
MODES OF COMMISSION:
1. By wounding;
2. By beating;
3. By assaulting; and
4. By administering injurious substance.
NOTE: There is no attempted or frustrated crime
of physical injuries because this felony is defined
by the gravity of the injury. It is a crime of result.
As long as there is no injury, there can be no
attempted or frustrated stage.
TYPES OF SERIOUS PHYSICAL INJURIES:
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence
of the physical injuries inflicted.
2. When the injured person:
(a) Loses the use of speech or the power to
hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg.
(b) Loses the use of any such member, or
(c) Becomes incapacitated for the work in
which he was therefore habitually
engaged, in consequence of the
physical injuries inflicted.
3. When the person injured:
(a) Becomes deformed,
(b) Loses any other member of his body,
(c) Loses the use thereof, or
(d) Becomes ill or incapacitated for the
performance of the work in which he
was habitually engaged for more than
90 days, in consequence of the physical
injuries inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90 days),
as a result of the physical injuries inflicted.
NOTES:
Paragraph 1
• Impotence means inability to copulate. It is
used synonymously with “sterility.”
• Blindness under Paragraph 1 must be
complete blindness (of two eyes).
If there is loss of one eye only, the serious
physical injuries is of Paragraph 2.
• Penalty for serious physical injuries under
Paragraph 1 is one degree higher when
victim is under 12 years of age.
Paragraph 2
• It mentions principal members of the body.
• Loss of power to hear under Paragraph 2
must be of both ears.
If hearing in only one ear is lost, it falls under
Paragraph 3.
• Loss of the use of hand, or incapacity for
work under Paragraph 2, must be
permanent, which must be proven by clear
and conclusive evidence.
• As to incapacity for work, the offended
party must have a vocation or work in which
he was theretofore habitually engaged at the
time of the injury (also required also Par. 3):
(a) Work includes studies or preparation for
a profession.
(b) It means incapacity for a certain kind of
work only, but not for all.
Paragraph 3
• It covers any other part of the body which is
not a principal member of the body.
• Deformity requires the concurrence of the
following conditions:
(a) It must be physical ugliness,
(b) It must be a permanent and definite
abnormality (ugliness will not disappear
through natural healing process),
(c) It must be conspicuous and visible.
If scar is usually covered, then it is not
considered conspicuous or visible.
190
 Loss of teeth may be considered a
deformity, provided that injury must be that
which cannot be repaired by the action of
nature (except for old men/women and
children).
Examples:
(a) Loss of molar tooth is NOT deformity
as it is not visible.
(b) Loss of permanent front tooth is
considered as a deformity as it is visible
and permanent.
(c) Loss of milk front tooth is NOT
deformity as it is visible but will be
naturally replaced.
• Loss of fingers may fall under Paragraph 2
if it results in loss of the use of hand itself.
Paragraph 4
• Incapacity for any kind of work is
acceptable, because the phrase “incapacity
for labor” is used.
• Injury requiring hospitalization for more
than 30 days is serious physical injuries
under Paragraph 4.
ADDITIONAL NOTES:
• Medical attendance is NOT important in
serious physical injuries.
• When the injury created a deformity upon the
offended party, you disregard the healing
duration or the period of medical treatment
involved. At once, it is considered serious
physical injuries.
• When the category of the offense of serious
physical injuries depends on the period of
illness or incapacity for labor, there must be
evidence of the length of that period.
If there is no evidence upon such period, the
offense is only slight physical injuries.
• Lessening of the efficiency in work due to
injury is NOT incapacity.
MUTILATION SERIOUS PHYSICAL
INJURIES
In mutilation, the body This intention is not
parts should have present in serious
been purposely and physical injuries.
deliberately lopped or
clipped off.
QUALIFYING CIRCUMSTANCES:
1. It was committed against any of the persons
referred to in the crime of parricide under
Article 246.
2. Any of the circumstances qualifying murder
attended its commission.
NOTE: The “qualified penalties” are NOT
applicable to parents who inflict serious physical
injuries upon their children by excessive
chastisement.
IMPORTANT NOTES:
• There must be no intent to kill; otherwise, the
crime would be attempted or frustrated
murder, parricide or homicide, as the case
may be.
• It can be committed by reckless imprudence,
or by simple imprudence or negligence.
• There must be a specific animus iniuriandi or
the malicious intention to do wrong against
the physical integrity or well-being of a
person so as to incapacitate and deprive the
victim of certain bodily functions (Villareal vs.
People; February 1, 2012).
NOTE: See discussions in the SPL section on –
(a) Anti-Hazing Law (R.A. 8049) and
(b) Anti-Torture Law (R.A. 9745).
ARTICLE 264:
ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
ELEMENTS: S A N
1. The offender inflicted upon another any
serious physical injury.
2. It was done by knowingly administering to
him any injurious substances or beverages
or by taking advantage of his weakness of
mind or credulity.
3. He had no intent to kill.
NOTES:
• “Administering” means “introducing into the
body” injurious substances or beverages.
• If there is intent to kill, it is frustrated
murder – the injurious substance is
considered as poison.
191
• Knowledge applies to the injurious nature of
the substance or beverage.
• “Taking advantage of his weakness of mind
or credulity” may take place in the case of
witchcraft, magnetism, and the like.
• The infliction of injuries by throwing mordant
chemicals or poisons in the face or upon the
body, is NOT one of the offenses
contemplated in this article (U.S. vs. Chiong
Sangco; February 27, 1911).
ARTICLE 265:
LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
1. The offended party is incapacitated for
labor for 10 days or more BUT not more
than 30 days, or needs attendance for the
same period.
2. The physical injuries must not be those
described in the preceding articles.
QUALIFYING CIRCUMSTANCES:
1. A fine not exceeding P500, in addition to
arresto mayor, shall be imposed for less
serious physical injuries when:
(a) There is manifest intent to insult or
offend the injured person, or
(b) There are circumstances adding
ignominy to the offense.
2. Higher penalty is imposed when the victim is
either:
(a) The offender’s parents, ascendants,
guardians, curators or teachers; or
(b) Persons of rank or persons in authority,
provided the crime is NOT direct assault.
NOTES:
• Need for medical attendance OR incapacity
for labor is required.
• When there is NO incapacity for labor or
need for medical attendance, it will be
considered as slight physical injuries.
(a) If injuries were healed within 30 days, it
is slight physical injuries; or
(b) If injuries were healed only after 30 days,
it is serious physical injuries (as illness
for more than 30 days).
• This article applies even if there was no
incapacity but the medical treatment was for
more than 10 days.
• There must be proof as to the period of the
required medical attendance.
ARTICLE 266:
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
KINDS:
1. Physical injuries which incapacitated the
offended party from one (1) to nine (9)
days, or required medical attendance
during the same period;
2. Physical injuries which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance;
3. Ill-treatment of another by deed without
causing any injury.
NOTES:
• When there is NO evidence of actual injury, it
is only slight physical injuries.
• Slapping the face of the offended party
without causing dishonor is an example of
slight physical injury by ill-treatment.
PRESUMPTION
(a) In the absence of proof as to the period of
the offended party’s incapacity for labor or of
the required medical attendance, the crime
committed is presumed as slight physical
injuries.
(b) When there is no evidence to establish the
gravity or duration of the actual injury or
to show the casual relationship to death,
the offense is slight physical injuries.
SUPERVENING EVENT
When the charge contained in the information
filed was for slight physical injuries because it
was believed that the wound suffered would
require medical attendance for 8 days only, but
during preliminary investigation it was found that
the healing would require more than 30 days, this
supervening event can still be the subject of
amendment OR of a new charge without
placing the accused in double jeopardy (People
vs. Manolong; 85 Phil. 829).
THE ANTI-RAPE LAW
(Republic Act No. 8353)
192

CHAPTER THREE:
RAPE
ARTICLE 266-A:
RAPE: WHEN AND HOW COMMITTED
KINDS OF RAPE:
1. Rape by sexual intercourse; and
2. Rape through sexual assault.
NOTE: Rape through sexual assault can be
committed by a male or a female.
RAPE BY SEXUAL INTERCOURSE
It is rape through sexual intercourse without
consent of the woman.
ELEMENTS: M C – FITDUMAUD
1. The offender is a man;
2. He had carnal knowledge of a woman; and
3. Such act is accomplished under any of the
following circumstances:
(a) By using Force, Threat or Intimidation;
(b) When the woman is Deprived of reason
or is otherwise Unconscious;
(c) By means of fraudulent Machination or
grave Abuse of authority; or
(d) When the woman is Under 12 years of
age or is Demented, even though none
of the circumstances mentioned above
be present.
NOTE: Only one of the four circumstances
mentioned in Paragraph 1 is sufficient
(Reyes, supra., p. 559).
RAPE THROUGH SEXUAL ASSAULT
ELEMENTS: S – Insert (PIO) – FITDUMAUD
1. Offender commits an act of sexual assault;
2. The act of sexual assault is committed by
any of the following means:
(a) By inserting his penis into another
person's mouth or anal orifice; or
(b) By inserting any instrument or object
into the genital or anal orifice of another
person;
3. The act of sexual assault is accomplished
under any of the following circumstances:
(a) By using Force, Threat or Intimidation; or
(b) When the woman is Deprived of reason
or otherwise Unconscious; or
(c) By means of fraudulent Machination or
grave Abuse of authority; or
(d) When the woman is Under 12 years of
age or Demented.
NOTES:
• FORCE
Force employed against the victim of the
rape need not be of such character as could
be resisted.
It is enough that the force used is sufficient to
consummate the culprit’s purpose of
copulating with the woman. The force or
violence necessary in rape is naturally a
relative term, depending on the age, size and
strength of the parties and their relation to
each other (People vs. Savellano; May 31,
1974).
• INTIMIDATION
It must be viewed in the light of the victim’s
perception and judgment at the time of rape,
and not by any hard and fast rule.
It is enough that it produces fear – fear that if
the victim does not yield to the bestial
demands of the accused, something would
happen to her at the moment or thereafter,
as when she is threatened with death if she
reports the incident (People v. Tabugoca;
1998, and People v. Metin; May 8, 2003).
Moral ascendancy or influence was held in a
number of rape cases to substitute for the
element of physical force or intimidation.
• The test is whether reasonable fear is
produced in the mind of the victim (People
vs. Las Piñas; February 20, 2002).
• RESISTANCE
Where resistance would be futile, offering
none at all does NOT amount to consent
(Reyes, supra., p. 560).
Verbal refusal alone will NOT do. There must
be a physical struggle that is manifest and
tenacious (Reyes, supra., p. 560).
Resignation after penetration is no consent
(People vs. Dayo; December 1, 1927).
When the offender has an ascendancy or
influence over the girl, it is not necessary that
she put up a determined resistance (Reyes,
193
 supra., p. 562). A rape victim does not have
the burden of proving resistance (People v.
Sending; January 20, 2003).
• Rape by means of fraudulent machinations
and grave abuse of authority absorbs the
crime of qualified and simple seduction.
• DEPRIVATION OF REASON OR
UNCONSCIOUSNESS
This means that the victim has no will to give
consent intelligently and freely.
Deprivation need not be complete. Mental
abnormality or deficiency is sufficient (People
vs. Daing, C.A., 49 O.G. 2331).
Sexual intercourse with an insane woman is
considered rape (People vs. Layson, C.A.,
37 O.G. 318).
In the following cases, there is rape because
the woman is unconscious:
(a) Offended party was asleep (People vs.
Caballero; 61 Phil. 900).
(b) The victim was in a state of being
drowsy is guilty of rape. Drowsiness is
defined as the state of being drowsy, i.e.
ready to fall asleep or half-asleep
(People v. Siarza; August 18, 1997).
(c) Woman was knocked unsconscious
(People v. Sanico, C.A., 46 O.G. 98)
(d) Narcotic was administered to the
woman. BUT, it is not considered rape
where consent is induced by the
administration of drugs or liquor, which
incites her passions and does not
deprive her of will power (Reyes, supra.,
p. 563).
(e) Potion was given to the woman (People
v. Bautista; January 27, 1981).
(f) Victim was in lethargy produced by
sickness (Reyes, supra., p. 563).
• STATUTORY RAPE
It is the rape of a woman who is below 12
years of age.
In statutory rape, the victim who is under 12
years of age is conclusively presumed
incapable of giving consent to sexual
intercourse with another (People v. Negosa;
August 25, 2003).
NOTES ON STATUTORY RAPE:
• The prosecution needs to prove –
(a) The age of the complainant;
(b) Identity of the accused; and
(c) The sexual intercourse between the
accused and complainant (People
vs. Layco; May 8, 2009).
• Victim’s consent is immaterial.
• Offender’s knowledge of the victim’s age
is immaterial in statutory rape.
• Carnal knowledge of a child below 12
years old, even if she is engaged in
prostitution, is still considered statutory
rape (People v. Perez, 37 O.G. 1762).
• Age requirement refers also to mental
age. HENCE, there is statutory rape if
the accused raped a 16-year old mental
retardate with the intellectual capacity of
a nine-year old.
• FINGERS count as “objects” under rape
through sexual assault.
HENCE, it is rape through sexual assault
when the accused inserted his finger into the
vagina of the victim (People vs. Soriano;
August 29, 2002).
BUT, insertion of finger in the mouth is NOT
rape through sexual assault.
• Insertion of penis into the mouth of a ten-
year old boy is “rape by sexual assault”
punished under Paragraph 2, Article 266-A
(Ordinario v. People; May 20, 2004).
STAGES OF RAPE
IMPORTANT NOTE: Rape does NOT admit of a
frustrated stage.
PROBLEM:
A soldier raped a 19-year old student by poking a
knife on her neck. Only a portion of his penis
entered her vagina because the victim kept on
struggling until she was able to escape. The trial
court convicted the accused of frustrated rape.
Correct?
ANSWER:
NO. There is NO crime of frustrated rape. In
rape, from the moment the offender has carnal
knowledge of the victim, he actually attains his
194
purpose. All the essential elements have been
accomplished (People v. Orita; April 3, 1990).
CONSUMMATED RAPE
• Rape is consummated the moment there is
penetration of the female organ, no matter
how slight.
BUT, complete penetration is NOT
necessary. The slightest penetration –
contact with the labia majora – will
consummate the rape.
• “Touching,” when applied to rape cases,
does not simply mean mere epidermal
contact, stroking or grazing of organs, or a
slight brush or scrape of penis on the
external layer of the victim’s vagina (Reyes,
supra. p. 558).
• Penis need not be erect (People vs. Clopino;
May 21, 1998).
• Proof of emission is NOT necessary (People
vs. Selfaison; January 28, 1961).
The absence of spermatozoa in the vagina
does not negative rape (People v. Nula; May
7, 1958).
• Conviction does NOT require a medico-legal
finding of any penetration on the part of the
woman.
ATTEMPTED RAPE
• The offender has already performed overt
acts with the intention to have carnal
knowledge of the offended party, but which
was not consummated by reason of some
cause or accident other than his own
spontaneous desistance.
• There must be intent to have carnal
knowledge of the woman against her will.
• If there is no proof of penetration, the crime
may only be attempted rape (People vs.
Campuhan; March 30, 2000).
PROBLEM:
The accused had his pants down and was on
top of the four-year old child when the child’s
mother arrived. Medical findings showed no
sign of genital injury and the victim’s hymen
was intact. Is the accused liable for
consummated rape?
ANSWER:
NO. The accused is only liable for attempted
rape. For rape to be consummated, a slight
brush or scrape of the penis on the external
layer of the vagina will NOT suffice. Mere
touching of the external layer of the vagina
without the intent to enter the same cannot
be construed as slight penetration.
ARTICLE 266-B:
PENALTY
QUALIFYING CIRCUMSTANCES:
1. The victim is under 18 years of age and the
offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
within the third civil degree, or the common
law spouse of the parent of victim.
2. The victim is under the custody of the police
or military authorities or any law enforcement
or penal institution.
3. The rape is committed in full view of the
spouse, parent, or any of the children or
other relatives within the third civil degree of
consanguinity.
4. The victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime.
5. The victim is a child below 7 years old.
6. The offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible
disease and the virus or disease is
transmitted to the victim.
7. Rape was committed by any member of the
AFP or paramilitary units thereof, of the PNP
or of any law enforcement agency or penal
institution, when the offender took advantage
of his position to facilitate the commission of
the crime.
8. By reason or on the occasion of the rape, the
victim has suffered permanent physical
mutilation or disability.
9. The offender knew the pregnancy of the
offended party at the time of the commission
of the crime.
10. The offender knew the mental disability,
emotional disorder and/or physical disability
of the offended party at the time of the
commission of the crime.
195
NOTE: Special qualifying circumstances (e.g.
relationship) have to be alleged in the information
for it to be appreciated (People v. Gallo;
September 29, 1999).
Penalty Qualifying Circumstance
Rape by Sexual Intercourse
Reclusion Rape by sexual intercourse under
perpetua Par. 1, Article 266-A.
Reclusion 1. Rape is committed (a) with
perpetua to use of a deadly weapon, or (b)
death by two or more persons.
2. Victim has become insane.
3. Rape is attempted and a
homicide is committed by
reason or on occasion thereof.
Death 1. Rape with homicide.
(currently 2. The rape is attended by the
prohibited any of the 10
by virtue of aggravating/qualifying
R.A. 9346) circumstances mentioned in
Article 266-B.
Rape through Sexual Assault
Reclusion 1. Rape through sexual assault
temporal under Par. 2, Article 266-A.
2. The rape is attended by the
any of the 10
aggravating/qualifying
circumstances mentioned in
Article 266-B.
Reclusion Rape is attempted and a homicide
temporal to is committed by reason or on the
reclusion occasion thereof
perpetua
Reclusion Rape with homicide
perpetua
NOTE: Rape with homicide is a
special complex crime.
Rape must come before the intent
to kill or act of killing.
IMPORTANT NOTES:
• An accused may be considered a principal
by direct participation, by inducement, or by
indispensable cooperation. This is true in a
charge of rape against a woman, provided
that a man is charged together with her.
Character of the offended woman is immaterial.
COUNTS OF RAPE
It is the number of penetration or ‘touching’
that determines the consummation of the sexual
act. It is NOT the number of times that appellant
ejaculated but the penetration or ‘touching’ that
determines the consummation of the sexual act.
Thus appellant committed only one count of rape
(People v. Ferrer, August 14, 2001; People v.
Orilla, February 13, 2004).
RAPE BY SEVERAL OFFENDERS
When several persons conspired to rape a single
victim, each shall be liable for the rape
committed personally by him, as well as those
committed by the others.
INDEMNITY AND DAMAGES
(a) Awarding of P50,000.00 as indemnity is
mandatory upon finding of the fact of rape.
(b) Moral damages may be automatically
awarded in rape cases without need of proof.
ARTICLE 266-C:
EFFECT OF PARDON
EFFECTS OF PARDON:
1. The subsequent valid marriage between the
offender and the offended party shall
extinguish criminal liability (only as to the
husband).
2. In case it is the legal husband who is the
offender, the subsequent forgiveness by the
wife as the offended party shall extinguish
the criminal action or the penalty: Provided
that the crime shall not be extinguished or
the penalty shall not be abated if the
marriage is void ab initio.
ARTICLE 266-D:
PRESUMPTIONS
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party, OR where the offended party is
so situated as to render her/him incapable of
giving valid consent, may be accepted as
evidence in the prosecution of the acts punished
under Article 266-A.

• An accused may be convicted of rape on the

sole testimony of the victim.

RAPE SHIELD RULE

196
 TITLE NINE:
CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
CHAPTER ONE:
CRIMES AGAINST LIBERTY
ARTICLE 267:
KIDNAPPING AND
SERIOUS ILLEGAL DETENTION
ELEMENTS: P I K – C (3 SST–MFO)
1. The offender is a private individual.
2. He kidnaps or detains another, or in any
other manner deprives the latter of his liberty.
3. The act of detention or kidnapping must be
illegal.
4. In the commission of the offense, any of the
following circumstances is present:
(a) The kidnapping or detention lasts for
more than three (3) days;
(b) It is committed by simulating public
authority;
(c) Any serious physical injuries are
inflicted upon the person kidnapped or
detained, or threats to kill him are
made; or
(d) The person kidnapped or detained is a
minor, female, or a public officer.
NOTE: If any of these circumstances are
present, the purpose of detention is
immaterial.
QUALIFYING CIRCUMSTANCES:
1. It is committed for the purpose of extorting
ransom either from the victim or from any
other person;
2. The victim is killed or dies as a
consequence of the detention;
3. The victim is raped; or
4. The victim is subjected to torture or
dehumanizing acts.
ESSENCE OF KIDNAPPING
• The essence of kidnapping or serious illegal
detention under Article 267 is the actual
confinement or restraint of the victim OR the
deprivation of his liberty (People vs. Lora;
March 30, 1982).
• It is not necessary that the victim be placed
in an enclosure, neither is it necessary that
the detention be prolonged or permanent.
However, the essence of kidnapping is the
actual deprivation of the victim’s liberty
coupled with indubitable proof of the intent of
the accused to effect such deprivation
(People vs. Obeso; October 24, 2003).
• It suffices that there be actual or manifest
restraint on the person or liberty of the victim
(People vs. Cortez; February 1, 2000).
• Physical detention is not necessary. It is
enough that the victim is under the complete
control of the perpetrators (People v. Tomio;
September 30, 1991).
• The victim’s lack of consent is also a
fundamental element of kidnapping and
serious illegal detention. The involuntariness
of the seizure and detention is the very
essence of the crime. Although the victim
may have inceptually consented to go with
the offender to a place, but the victim is
thereafter prevented, with the use of force,
from leaving the place where he was brought
to with his consent and is detained against
his will, the offender is still guilty of
kidnapping and serious illegal detention
(People v. Pickrell; October 23, 2003).
• Keeping a person as collateral for payment
of an obligation is kidnapping (People v.
Tomio; September 30, 1991).
KIDNAPPING A MINOR
• In cases of kidnapping, if the person
detained is a child, the question is whether
there was actual deprivation of the child’s
liberty, and whether it was the intention of the
accused to deprive the parents of the
custody of the child (People vs. Acbangin;
August 9, 2000).
• In kidnapping a minor, the length of detention
is immaterial (People vs. Mamantak; July 28,
2008).
• Where the victim is a child of tender age and
she was restrained from going home, and did
not know her way back home, there is
deprivation of the child’s liberty (People vs.
Jacalne; October 3, 2011).
197
KIDNAPPING A FEMALE
• This must not be with lewd designs.
• If there is lewd design, the crime committed
is forcible abduction.
RULE IN CASE OF PARENTS
• Parents cannot be held liable for kidnapping
of their own children because they exercise
parental authority.
EXCEPTION: They can be held liable for the
kidnapping of their own children if parental
authority had already ceased.
The liability of the parent is provided for in
the last paragraph of Article 271.
KIDNAPPING FOR RANSOM
• ELEMENTS: In D Ex
1. There must be the intention on the part
of the accused to deprive the victim of
his liberty;
2. There must be actual deprivation of the
victim of his liberty; and
3. Extorting ransom for the release of the
victim must be the motive of the
accused.
• Ransom is the money, price or consideration
paid or demanded for redemption of a
captured person or persons, a payment that
releases a person from captivity.
• Actual demand for ransom is NOT necessary
as long as it can be proven that the
kidnapping was done for the purpose of
extorting money.
• No specific form of ransom is required to
consummate the felony as long as the
ransom was intended as a bargaining chip in
exchange for the victim’s freedom. Whether
or not ransom is actually paid to or received
by the perpetrator is of no moment (People v.
Jatulan; April 24, 2007).
• Neither actual demand for nor payment of
ransom is necessary for the consummation
of the felony (People v. Cenahonon; July 12,
2007).
• In kidnapping for ransom, it is NOT
necessary that one or any of such
circumstances enumerated in Paragraph 1 to
4, Article 267 be present.
KIDNAPPING WITH RAPE
• There is only one special complex crime of
kidnapping with rape, regardless of the
number of rapes committed (People vs.
Mirandilla; July 27, 2011).
• There should be no lewd designs at the time
of the kidnapping; otherwise, the crime would
be forcible abduction with rape.
KIDNAPPING WHERE THE VICTIM DIES:
• There is no more complex crime of
kidnapping with murder or homicide under
Article 48, or the separate crimes of
kidnapping and homicide or murder.
The kidnapping, where the victim is killed or
dies as a consequence of the detention, shall
be punished under the last paragraph of
Article 267, as amended by R.A. 7659
(People vs. Ramos; October 12, 1998).
• It is murder and NOT kidnapping when the
primary and ultimate purpose is to kill, and
detention is merely incidental.
Specific intent is determinative of whether
the crime committed was murder or
kidnapping. Hence, it must be alleged in the
information and must be proven.
IMPORTANT NOTES:
• Kidnapping and serious illegal detention are
continuing offenses.
• Purpose is immaterial when any of the
circumstances in Par. 1, Art. 267 is present.
• The duration of the detention, even if only for
a few hours, does NOT alter the nature of the
crime committed (People vs. Pavillare; April
5, 2000).
• The offenders in this crime are private
individuals or public officers acting in
their private capacity.
If they are public officers, they are covered
by crimes under Title II, RPC.
ILLEGAL ARBITRARY
DETENTION DETENTION
198
It is a crime against It is a crime against the
personal liberty. fundamental laws of NOTES:
the State • Offender is any person, either a public
It is committed by a Offender is a public officer or a private individual.
private individual or a officer or employee
public officer acting in who detains a person • The offender public officer either has (a) no
private capacity, who without legal ground. authority to arrest or detain a person, or (b)
unlawfully deprives a has not acted in his official capacity.
person of his liberty.
• Arrests refer to warrantless arrests.
ARTICLE 268:
UNLAWFUL ARREST DELAYING THE
SLIGHT ILLEGAL DETENTION
DELIVERY OF THE
DETAINED PERSON
ELEMENTS:
1. The offender is a private individual. Detention is not Detention is for some
2. He kidnaps or detains another, or in any authorized by law, or legal ground.
other manner deprives him of his liberty. there are no
3. The act of kidnapping or detention is illegal. reasonable grounds
4. The crime is committed WITHOUT the therefor.
attendance of the circumstances enumerated It is committed by It is committed by
in Article 267. making an arrest failing to deliver such
which is not authorized person to the proper
REQUISITES OF VOLUNTARY RELEASE by the law. judicial authority within
(As a privileged mitigating circumstance): a certain period.
1. The offender voluntarily releases the
person so kidnapped or detained within UNLAWFUL ARBITRARY
three (3) days from the commencement of ARRESTS DETENTION
the detention;
2. Without having attained the purpose The detention is not The detention is for
intended; and authorized by law, or some legal ground.
3. Before the institution of criminal proceedings there are no
against him. reasonable grounds
therefor.
NOTES:
• The prevailing rule now is that voluntary ARTICLE 270:
release will only mitigate criminal liability if KIDNAPPING AND FAILURE
crime was slight illegal detention. If the crime TO RETURN A MINOR
is serious illegal detention, it has NO effect
(Asistio vs. Judge Aguirre; April 27, 2010). ELEMENTS: En Del
1. The offender is entrusted with the custody of
• The liability of one who furnishes the place a minor person.
where the offended party is being held 2. He deliberately fails to restore the said minor
captive is that of a PRINCIPAL and not of an to his parents or guardian.
accomplice.
NOTES:
ARTICLE 269: • This crime may also be committed by either
UNLAWFUL ARREST parent of the child. When committed by
either parent, penalty is only arresto mayor.
ELEMENTS: A P No
1. Offender arrests or detains another person. • What is punished is the deliberate failure of
2. The purpose of the offender is to deliver him the custodian of the minor to restore the
to the proper authorities. latter to his parents or guardians.
3. The arrest or detention is not authorized by
law, or there is no reasonable ground • Kidnapping and failure to return a minor is
therefor. necessarily included in kidnapping and

199
 serious illegal detention of a minor under 2. The purpose of the offender is to enslave
Article 267(4) (People v. Jo; Aug. 19, 1986). such human being.

• Where a minor child was taken by the NOTES:

accused without the knowledge and consent
of his parents, the crime is kidnapping and
serious illegal detention under Article 267,
NOT kidnapping and failure to return a minor
under Article 270 (People v. Mendoza).
• The employment or custody of a minor with
the consent of the parent or guardian,
although against the child’s own will,
CANNOT be considered involuntary
servitude (U.S. vs. Cabanag; 8 Phil. 64).

KIDNAPPING AND KIDNAPPING AND • BUT, where it is proven that the debtor was
FAILURE TO SERIOUS ILLEGAL obliged to render service in creditor’s house
RETURN A MINOR DETENTION as a servant without remuneration whatever
The offender is The offender is NOT and to remain there so long as she has not
entrusted with the entrusted with the paid her debt, there is slavery (Reyes vs.
custody of the minor. custody of the minor. Alojado; August 24, 1910).

NOTE: See discussion in the SPL section on

ARTICLE 271: Anti-Trafficking in Persons Act (R.A. 9208).
INDUCING A MINOR TO
ABANDON HIS HOME
ARTICLE 273:
ELEMENTS: Living In EXPLOITATION OF CHILD LABOR
1. A minor is living in the home of his parents
or guardian or the person entrusted with his ELEMENTS: R A P
custody. 1. The offender retains a minor in his service.
2. The offender induces said minor to abandon 2. It is against the will of the minor.
such home. 3. It is under pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or
NOTES: person entrusted with the custody of such
• Inducement must be actual, committed with minor.
criminal intent, and determined by a will to
cause damage. NOTE: The existence of indebtedness
constitutes no legal justification for holding a
person and depriving him of his freedom to live
• The minor should not leave his home of his
own free will. where he wills (Caunca v. Salazar; 82 Phil. 851).

• The minor need NOT actually abandon his ARTICLE 274:

home. Mere commission of any act which SERVICES RENDERED UNDER
tends to influence, persuade, or prevail on a COMPULSION IN PAYMENT
minor to abandon his home is what
constitutes this crime. ELEMENTS: C A P
1. The offender compels a debtor to work for
• Father or mother may commit crimes under him, either as household servant or farm
Articles 270 and 271, where they are living laborer.
separately and the custody of the minor 2. It is against the debtor’s will.
children has been given to one of them. But, 3. The purpose is to require or enforce the
their liability is mitigated. payment of a debt.

ARTICLE 272: SERVICES UNDER EXPLOITATION

SLAVERY COMPULSION OF CHILD
It does not distinguish The victim must be a
ELEMENTS: whether the victim is a minor.
1. The offender purchases, sells, kidnaps or minor or not.
detains a human being The debtor himself is The minor is

200
the one compelled to compelled to render
work for the offender. services for the
supposed debt of his
parent or guardian.
It is limited to Service has no limit.
household, work or
farm labor.
CHAPTER TWO:
CRIMES AGAINST SECURITY
ARTICLE 275:
ABANDONMENT OF PERSONS IN
DANGER AND ABANDOMENT OF
ONE’S OWN VICTIM
PUNISHABLE ACTS:
1. Failing to render assistance to any person
whom the offender finds in an uninhabited
place wounded or in danger of dying when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense.
ELEMENTS:
(a) The place is uninhabited.
(b) The accused found there a person
wounded or in danger of dying.
(c) The accused can render assistance
without detriment to himself.
(d) The accused fails to render assistance.
2. Failing to help or render assistance to
another whom the offender has accidentally
wounded or injured.
NOTE: It does NOT apply when a person
intentionally wounds another and leaves him
in an uninhabited place.
3. Failing to deliver a child under seven (7)
years of age, whom the offender has found
abandoned, to the authorities or to his family,
or by failing to take him to a safe place.
NOTE: That the offender did not know that
the child is under 7 years is immaterial.
ARTICLE 276:
ABANDONING A MINOR
ELEMENTS: C U A N
1. The offender has the custody of a child.
2. The child is under seven (7) years of age.
3. He abandons such child.
4. He has no intent to kill the child when the
latter is abandoned.
QUALIFYING CIRCUMSTANCES:
1. The death of the minor resulted from such
abandonment; or
2. The life of the minor was in danger because
of the abandonment.
NOTES:
• The purpose in abandoning the minor under
his custody is to avoid the obligation of taking
care of said minor.
• The abandonment referred to in this article is
NOT the momentary leaving of the child,
BUT the abandonment which deprives him of
the care and protection from danger to his
person. The act must be conscious and
deliberate (People v. Bandian; 63 Phil. 350).
• The intent to kill CANNOT be presumed from
the death of the child. Such presumption
applies only to crimes against persons, not to
crimes against security.
ARTICLE 277:
ABANDONMENT OF MINOR ENTRUSTED
WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
PUNISHABLE ACTS:
1. Delivering a minor to a public institution or
other persons without the consent of the one
who entrusted such minor to the care of the
offender or, in the absence of that one,
without the consent of the proper authorities.
ELEMENTS (Abandonment of Minor):
1. The offender has charge of the rearing or
education of a minor.
2. He delivers said minor to a public
institution or other persons.
3. The one who entrusted such child to the
offender has not consented to such act,
or if the one who entrusted such child to
offender is absent, the proper authorities
have not consented to it.
NOTE: Only the person charged with the
rearing or education of the minor is liable.
2. Neglecting his (offender’s) children by not
giving them the education which their station
201
 in life requires and financial condition in paragraph two, or to any habitual vagrant
permits. or beggar, the offender being an ascendant,
guardian, teacher, or person entrusted in any
ELEMENTS (Indifference of Parents): capacity with the care of such child
1. The offender is a parent.
2. He neglects his children by not giving 5. Inducing any child under 16 to abandon the
them education. home of its ascendants, guardians, curators
3. His station in life requires such education or teachers to follow any person engaged in
and his financial condition permits it. any calling mentioned in paragraph two, or to
4. Failure to give education must be due to accompany any habitual vagrant or beggar,
deliberate desire to evade such the offender being any person.
obligation.
EXPLOITATION INDUCING A MINOR
ABANDONMENT OF ABANDONMENT OF MINORS TO ABANDON
MINOR BY PERSON OF MINOR (Par. 5, Article 278) HIS HOME
ENTRUSTED (Article 276) (Article 271)
WITH CUSTODY The purpose of There is no such
(Article 277) inducing the minor purpose.
The custody of the The custody of the to abandon his
offender is specific – for offender is stated in home is to follow
the rearing or education general. any person engaged
of the minor. in the callings
The minor is under 18 The minor is under 7 mentioned.
years of age. years of age. Victim is under 16 Victim is under 18
The minor is delivered to The minor is years of age. years of age.
a public institution or abandoned in such a
other person. way as to deprive QUALIFYING CIRCUMSTANCE:
him of the care and If the delivery of the child to any person following
protection that his the callings of: (a) acrobat; (b) rope-walker; (c)
tender years need. diver; or (d) wild animal trainer; or (e) circus
manager; or (f) any habitual vagrant or beggar,
in consideration of any price, compensation,
ARTICLE 278:
or promise – (1) penalty shall be imposed in its
EXPLOITATION OF MINORS
maximum period, and (2) the offender shall be
deprived of parental authority or guardianship.
PROHIBITED ACTS:
1. Causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical NOTE: See discussion on Special Protection of
strength, or contortion, the offender being Children against Abuse, Exploitation and
any person Discrimination Act (R.A. 7610).

2. Employing children under 16 who are not ARTICLE 279:

children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender
being an acrobat, etc., or circus manager or
engaged in a similar calling
3. Employing any descendant under 12 years of
age in dangerous exhibitions enumerated in
the next preceding paragraph, the offender
being engaged in any of said callings
4. Delivering a child under 16 gratuitously to
any person following any calling enumerated
ADDITIONAL PENALTIES FOR
OTHER OFFENSES
Imposition of the penalties prescribed in the
preceding articles shall NOT prevent the
imposition upon the same person of the penalty
provided for any other felonies defined and
punished under the code.
ARTICLE 280:
QUALIFIED TRESPASS TO DWELLING
ELEMENTS: P En A

202
1. The offender is a private person.
2. He enters the dwelling of another.
3. Such entrance is against the latter’s will.
NOTES:
• If committed by a public officer, the crime is
violation of domicile (Article 128).
• This is a crime against security, not against
property. HENCE, “trespass to dwelling” is
not embraced in the same title (crimes
against property) for purposes of establishing
recidivism.
• DWELLING
It is the place that a person inhabits.
It includes the dependencies which have
interior communication with the house.
Dwelling includes a room when occupied by
another person.
• Entrance into dwelling must be against the
will of owner or occupant.
“Against the will” means that the entrance
is either expressly or impliedly prohibited, or
the prohibition is presumed.
There must be opposition on the part of the
owner of the house to the entry of the
accused (U.S. vs. Flemister; 1 Phil. 355).
Mere absence of consent or lack of
permission does NOT amount to prohibition.
Prohibition must be prior to or at the time of
the entrance.
It is a well-settled rule that whoever enters
the dwelling of another at a late hour of the
night after inmates have retired and closed
their doors does against their will (U.S. vs.
Mesina; 21 Phil. 615).
• Trespass may even be committed by the
owner of the dwelling against the actual
occupant thereof.
• In general, all members of a household must
be presumed to have authority to extend an
invitation to enter the house.
QUALIFYING CIRCUMSTANCES:
1. Violence, or
2. Intimidation.
Examples (Trespass through Violence):
(a) Pushing the door violently and maltreating
the occupants after entering.
(b) Cutting of a ribbon or string with which the
door latch of a closed room was fastened.
The cutting of the fastenings of the door was
an act of violence.
(c) Wounding by means of a bolo, the owner of
the house immediately after entrance.
Examples (Trespass through Intimidation):
(a) Firing a revolver in the air by persons
attempting to force their way into a house.
(b) The flourishing of a bolo against inmates of
the house upon gaining an entrance.
NOTES:
• The violence or intimidation may take place
immediately after the entrance.
• Prohibition by the owner/occupant is NOT
necessary when violence or intimidation is
employed by the offender.
In the prosecution for trespass, the material fact
or circumstance to be considered is the
occurrence of the trespass. The gravamen of the
crime is violation of possession or the fact of
having caused injury to the right of the
possession.
NOT APPLICABLE:
1. Where the entrance to another’s dwelling is
made for the purpose of preventing some
serious harm to himself, the occupants of the
dwelling or a third person;
2. Where the purpose is to render some service
to humanity or justice; or
3. Where the place where entrance is made is a
café, tavern, inn and other public house,
while the same are open.
ARTICLE 281:
OTHER FORMS OF TRESPASS
ELEMENTS: E U – Pro N
1. The offender enters the closed premises or
the fenced estate of another.
2. The entrance is made while either of them is
uninhabited.
3. The prohibition to enter is manifest.
4. The trespasser has NOT secured the
permission of owner or caretaker thereof.
203
NOTES: Elements of Grave Threats (First Form) where
• “Premises” signifies distinct and definite the offender attained his purpose:
locality. It may mean a room, building or 1. The offender threatens another person with
definite area. In either case, locality is fixed. the infliction upon the latter’s person, honor
or property, or upon that of the latter’s family,
• Entering a warehouse is covered here. of any wrong.
2. Such wrong amounts to a crime.
QUALIFIED OTHER FORMS OF 3. There is a demand for money or that any
TRESPASS TO TRESPASS other condition is imposed, even though not
DWELLING unlawful.
4. The offender attains his purpose.
Offender is a private Offender can be any
person. person, whether public
Elements of Grave Threats (Third Form) not
officer or employee or a
subject to a condition:
private person.
1. The offender threatens another person with
Offender enters a Offender enters a the infliction upon the latter’s person, honor,
dwelling. closed premised or or property, or upon that of the latter’s family,
fenced estate. of any wrong.
The place entered is The place entered is 2. Such wrong amounts to a crime.
inhabited. uninhabited. 3. The threat is NOT subject to a condition.
The act constituting The act constituting the
the crime is entering crime is entering the NOTES:
the dwelling against closed premises or the • Third form of grave threats must be
the will of the owner. fenced estate without serious and deliberate.
securing the • In the third form of grave threat, there is
permission of the no condition imposed or there is no
owner or caretaker. demand for money. If condition is not
The prohibition to The prohibition to enter proved, it is grave threat under Par. 2.
enter is express or must be manifest.
implied. NOTES:
• Although the provision says “infliction upon
the person, honor or property … of any
ARTICLE 282:
wrong,” the wrong amounting to a crime
GRAVE THREATS
does not only pertain to crimes against
persons, honor or property.
PUNISHABLE ACTS:
1. Threatening another with the infliction upon
• As the crime consists in threatening another
his person, honor, or property, or that of his
with some future harm, it is NOT necessary
family, of any wrong amounting to a crime
that the offended party was present at the
and demanding money or imposing any other
time the threats were made.
condition even though not unlawful, and the
offender attains his purpose.
It is sufficient that the threats came to the
knowledge of the offended party.
2. Making such threat without the offender
attaining his purpose. The crime of grave threats is
CONSUMMATED as soon as the threats
3. Threatening another with the infliction upon come to the knowledge of the person
his person, honor or property, or that of his
threatened.
family, of any wrong amounting to a crime,
the threat not being subject to a condition.
The crime is FRUSTRATED if the threat was
not received by the person being threatened.
QUALIFYING CIRCUMSTANCES:
The threat was made in writing or through a
• Threats made in connection with the
middleman. The penalty is to be imposed in its
commission of other crimes are absorbed by
maximum period.
the latter.

204
 1. Threatening another with a weapon, or by
• The offender in grave threats does NOT drawing such weapon in a quarrel, unless it
demand the delivery on the spot of the be in lawful self-defense.
money or other personal property demanded
by him. When threats are made and money 2. Orally threatening another, in the heat of
is taken on the spot, the crime may be anger, with some harm constituting a crime,
robbery with intimidation. without persisting in the idea involved in his
threat.
ARTICLE 283:
LIGHT THREATS 3. Orally threatening to do another any harm
not constituting a felony.
ELEMENTS:
1. Offender makes a threat to commit a wrong. NOTES:
2. The wrong does NOT constitute a crime. • Threats which are ordinarily grave threats, if
3. There is a demand for money or that other made in the heat of anger, may be other light
condition is imposed even though not threats (Reyes, supra., p.626).
unlawful.
4. The offender has attained his purpose or, • If the threats are directed to a person who is
that he has not attained his purpose. absent and uttered in a temporary fit of
anger, offense is only other light threats
NOTE: Blackmailing may be punished under (People vs. Fontanilla; February 3, 1934).
this article.
ARTICLE 286:
ARTICLE 284: GRAVE COERCION
BOND FOR GOOD BEHAVIOR
TWO WAYS OF COMMISSION:
WHEN REQUIRED: 1. Preventing another by means of violence,
• When he threatens another under the threats or intimidation, from doing something
circumstances mentioned in Article 282 or in NOT prohibited by law.
Article 283.
2. Compelling another, by means of violence,
BOND FOR GOOD BOND TO KEEP threats or intimidation, to do something
BEHAVIOR THE PEACE against his will, whether it be right or wrong.
It is applicable only It is not made ELEMENTS:
to grave threats and applicable to any 1. A person prevented another from doing
light threats. particular case. something not prohibited by law, or by
If the offender fails If the offender fails to compelling him to do something against his
to give a bail, he give a bond, he shall be will, be it right or wrong.
shall be sentenced detained for a period 2. The prevention or compulsion be effected by
to destierro. not exceeding 6 violence, either material force or such display
months, if he is of force as would produce intimidation and
prosecuted for grave or control the will of the offended party.
less grave felony; or 3. The person that restrained the will and liberty
not exceeding 30 days, of another had NO authority.
if he is prosecuted for
light felony. AGGRAVATING CIRCUMSTANCES
It is NOT a distinct It is a distinct penalty. Prision mayor shall be imposed:
penalty. 1. Where coercion is committed in violation of
the exercise of the right of suffrage;
ARTICLE 285: 2. Where coercion is committed to compel
OTHER LIGHT THREATS another to perform any religious act; or
3. Where coercion is committed to prevent
another from performing any religious act.
PROHIBITED ACTS:

205
NOTES: using force and or intimidation is
• In grave coercion, the act of preventing by intimidation is maltreatment.
force must be made at the time the offended coercion.
party was doing or about to do the act to be
prevented.
GRAVE COERCION UNJUST VEXATION
If the act was already done when violence is The act of preventing The act of preventing
exerted, the crime is unjust vexation. by force was made at by force was already
the time the offended done when the violence
• Compelling another to do something includes party was doing or was exerted.
the offender’s act of doing it himself while about to do the act
subjecting another to his will. prevented.

• When the complainant is in the actual ARTICLE 287:

possession of a thing, even if he has no right
to that possession, compelling him by means
of violence to give up the possession, even
the owner himself, is grave coercion (U.S. v.
Mena; 11 Phil. 543)
The owner of a thing has no right to prohibit
the interference of another with the same, if
the interference is necessary to avert an
imminent danger and the threatened
damage, compared to the damage arising to
the owner from the interference, is much
greater (Article 432, Civil Code).
• Then crime is not grave coercion when the
violence is employed to seize anything
belonging to the debtor of the offender. The
crime is only light coercion.
• There is no grave coercion when the
accused acts in good faith in the
performance of his duty.
• A person who takes the law into his hands
with violence is guilty of grave coercion.
LIGHT COERCIONS
PUNISHABLE ACTS:
1. Seizure by means of violence or
intimidation by the creditor of anything
belonging to his debtor for the purpose of
applying the same to the payment of debt
ELEMENTS: CS – VD – Purpose
1. The offender must be a creditor.
2. He seizes anything belonging to his
debtor.
3. The seizure of the thing accomplished by
means of violence or a display of
material force producing intimidation.
4. The purpose of the offender is to apply
the same to the payment of the debt.
NOTES:
• Taking possession of the thing belonging
to the debtor, through deceit and
misrepresentation, for the purpose of
applying the same to the payment of the
debt, is unjust vexation under Paragraph
2, Article 287.

• Coercion is consummated even if the • Actual physical violence need NOT be

offended party did not accede to the purpose employed (People vs. Lacdan, C.A., 51
of the coercion. O.G. 2441).

GRAVE COERCION ILLEGAL DETENTION 2. Any other coercions or unjust vexations.

• It includes any human conduct which
The intent to deprive The intent to deprive
although not productive of some physical
the offended party of liberty is present.
or material harm would, however,
his liberty is not clear.
unjustly annoy or vex an innocent
person.
GRAVE COERCION MALTREATMENT
OF PRISONERS • Light coercion under Paragraph 1 would
If the offended party is If the offended party is be unjust vexation if the third element
not a prisoner, a prisoner, extracting (employing violence or intimidation) is
extracting information information using force absent.

206
 (b) Those tokens or objects are other than
• When the acts of the accused has no the legal tender currency of the
connection with his previous acts of Philippines; and
violence, it is only unjust vexation. (c) Such employee or laborer does NOT
expressly request that he be paid by
UNJUST ESTAFA DAMAGE TO means of tokens or objects.
VEXATION PROPERTY
NOTE: Inducing an employee to give up
The intention is The act is The purpose is
any part of his wages by force, stealth,
merely to cause with intent not to defraud,
intimidation, threat or by any other means
vexation to gain. but only to
is unlawful under the Labor Code, not under
preventing cause damage
the Revised Penal Code.
another to do to another.
something
which the law ARTICLE 289:
does not FORMATION, MAINTENANCE, &
prohibit, or PROHIBITION OF COMBINATION OF
compel him to CAPITAL OR LABOR THROUGH
execute what VIOLENCE OR THREATS
he does not
want. ELEMENTS:
1. The offender employs violence or threats, in
such a degree as to compel or force the
ARTICLE 288:
laborers or employers in the free and legal
OTHER SIMILAR COERCIONS exercise of their industry or work.
2. The purpose is to organize, maintain or
PROHIBITED ACTS: prevent coalitions of capital or laborers or
1. Forcing or compelling, directly or indirectly, lockout of employers.
or knowingly permitting the forcing or
compelling of the laborer or employee of the NOTES:
offender to purchase merchandise or • The act should NOT be a more serious
commodities of any kind from him offense.
ELEMENTS:
• Peaceful picketing is part of freedom of
(a) The offender is any person, agent or speech and therefore not prohibited but if
officer of any association or corporation; picketing employs violence or making
(b) He or such firm or corporation has threats, then such is considered coercion.
employed laborers or employees; and
(c) He forces or compels, directly or
• Preventing an employee from joining any
indirectly, or knowingly permits to be
registered labor organization is punished
forced or compelled, any of his or its
under the Labor Code, not under RPC.
laborers or employees to purchase
merchandise or commodities of any kind
from him or from said firm or corporation. CHAPTER 3:
DISCOVERY AND REVELATION
2. Paying the wages due his laborer or OF SECRETS
employee by means of tokens or objects
other than the legal tender currency of the ARTICLE 290:
Philippines, unless expressly requested by DISCOVERING SECRETS THROUGH
such laborer or employee SEIZURE OF CORRESPONDENCE

ELEMENTS:
(a) The offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects;
ELEMENTS:
1. The offender is a private individual, or even a
public officer not in the exercise of his official
function.
2. He seizes the papers or letters of another.

207
3. The purpose is to discover the secrets of
such other person.
4. The offender is informed of the contents of
the papers or letters seized.
NOTES:
• “Seize” means to place in the control of
someone a thing, or to give him the
possession thereof and accordingly, it is
NOT necessary that in the act, there should
be force or violence.
• Prejudice is NOT required.
• This article is NOT applicable to parents with
respect to their minor children, or to spouses
with respect to each other.
QUALIFYING CIRCUMSTANCE:
When the offender reveals the contents of such
paper or letters of another to a third person, the
penalty is higher.
ARTICLE 292:
REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
1. The offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment;
2. The manufacturing/industrial establishment
has a secret of the industry which the
offender has learned;
3. The offender reveals such secrets; and
4. Prejudice is caused to the owner.
NOTES:
• Secrets must relate to manufacturing
processes invented by or for a manufacturer
and used only in his factory or in a limited
number of them; otherwise, as when such
processes are generally used, they will not
be secret.
• PREJUDICE is an essential element.

DISCOVERING PUBLIC OFFICER • The revelation of the secret might be made

SECRETS THROUGH REVEALING after the employee or workman had ceased
SEIZURE OR SECRETS OF A to be connected with the establishment.
CORRESPONDENCE PRIVATE PERSON
(Article 290) (Article 230) NOTE: See discussions in the SPL section on –
Private individual Public officer comes to (a) Anti-Wiretapping Act (R.A. 4200) and
seizes the papers or know the secrets of (b) Human Security Act (R.A. 9372).
letters of another to private individual by
discover the latter’s reason of his office.
secrets.
It is not necessary that
there be a secret.
If there was, it is not The public officer
necessary that it be reveals the secret
revealed. without justifiable
means.

ARTICLE 291:
REVEALING SECRETS WITH
ABUSE OF OFFICE

ELEMENTS:
1. Offender is a manager, employee or servant
2. He learns the secrets of his principal or
master in such capacity.
3. He reveals such secrets.

NOTE: Damage is NOT necessary.

208
 TITLE TEN: 314 Fraudulent insolvency
CRIMES AGAINST PROPERTY
Chapter 6: Swindling and Other Deceits
ARTICLE CRIME 315 Swindling (estafa)
Chapter 1: Robbery In General 316 Other forms of swindling
293 Robbery 317 Swindling a minor
294 Robbery with violence against or 318 Other deceits
intimidation of persons
295 Robbery with physical injuries, Chapter 7: Chattel Mortgage
committed in an uninhabited place
319 Removal, sale or pledge of
and by a band, or with the use of mortgaged property
firearm on a street, road or alley
297 Attempted and frustrated robbery Chapter 8: Arson and Other
committed under certain Crimes Involving Destructions
circumstances
320 Destructive arson
298 Execution of deeds by means of
violence or intimidation 321 Other forms of arson
299 Robbery in an inhabited house or 322 Cases of arson not included in the
public building or edifice preceding articles
devoted to worship 323 Arson of property of small value
300 Robbery in an uninhabited place 324 Crimes involving destruction
and by a band Burning one's own property as
302 Robbery is an uninhabited place or means to commit arson
in a private building Setting fire to property exclusively
303 Robbery of cereals, fruits, or owned by the offender
firewood in an uninhabited place or In cases where death resulted as a
private building consequence of arson
304 Possession of picklocks or
similar tools Chapter 9: Malicious Mischief
305 False keys 327 Malicious mischief; Who are liable
328 Special cases of malicious mischief
Chapter 2: Brigandage
329 Other mischiefs
306 Brigandage; Who are brigands
330 Damage and obstruction to means of
307 Aiding and abetting a communication
band of brigands
331 Destroying or damaging statues,
public monuments or paintings
Chapter 3: Theft
308 Theft; Who are liable CHAPTER ONE:
310 Qualified theft ROBBERY IN GENERAL
311 Theft of the property of the National
Library and National Museum ARTICLE 293:
WHO ARE GUILTY OF ROBBERY
Chapter 4: Usurpation
312 Occupation of real property or ROBBERY
usurpation of real rights in property It is the taking of personal property belonging to
another, with intent to gain, by means of violence
313 Altering boundaries or landmarks
against, or intimidation of any person, or using
force upon anything.
Chapter 5: Culpable Insolvency

209
CLASSIFICATION OF ROBBERY:
1. Robbery with violence against, or
intimidation of persons (Articles 294, 297,
and 298, RPC); and
2. Robbery by use of force upon things
(Articles 299 and 302, RPC)
NOTES:
• The property taken must be personal.
If real property/right is usurped the crime is
usurpation under Article 312.

ELEMENTS OF ROBBERY IN GENERAL: Prohibited articles (e.g. opium, etc.) may be

1. There be personal property (bienes the subject of robbery.
muebles) belonging to another;
2. There is unlawful taking (apoderamiento or BELONGING TO ANOTHER
asportacion) of that property; • It means that the personal property taken
3. The taking must be with intent to gain does NOT belong to the offender.
(animus lucrandi); and
4. There is (a) violence against or intimidation • The person from whom the personal property
of any person, or (b) force upon things. is taken need NOT be the owner. Possession
of the property is sufficient.
ROBBERY WITH ROBBERY BY USE
VIOLENCE AGAINST OF FORCE • If it is the owner who forcibly takes the
OR INTIMIDATION UPON THINGS personal property from its lawful possessor,
OF PERSONS the crime is estafa under Article 316(3)
The taking is always The taking is only since the former cannot commit robbery on
robbery. robbery, if force is his own property even if he uses violence or
used to: intimidation.
(a) Enter building;
(b) Break doors, NOTES:
wardrobes, • Co-owner or a partner cannot commit
chests or other robbery or theft with respect to co-
kinds of locked ownership or partnership property.
sealed furniture • There is still robbery even if the person is
or receptacles only mere possessor, or even a thief.
inside the
building; or UNLAWFUL TAKING
(c) Force them • “Taking” is depriving the offended party of
open outside possession of the thing taken with the
after taking the character of permanency.
same from the
building. • It is complete when:
Penalty depends on: If committed in an (a) As to robbery with violence or
1. The result of the inhabited house, intimidation – Property must at least be
violence used; and building or edifice in the possession of the offender.
2. The existence of devoted to religion or
intimidation. worship, the penalty (b) As to robbery with force upon things –
is based on: Property must be taken out of the
NOTE: Value of 1. The value of the building.
personal property is thing taken; and
immaterial. 2. Whether or not NOTE: Unlawful taking is complete even
the offenders without the chance to dispose of the same.
carry arms.
INTENT TO GAIN
When committed in • This is presumed juris tantum from the
an uninhabited unlawful taking of personal property
building, penalty is (Consulta vs. People; February 12, 2009).
based on the value of
the property taken.

210
• Actual gain is irrelevant. The important
consideration is the intent to gain.
• Absence of intent to gain will make the
taking of personal property grave coercion
under Article 286, if there is violence used.
• The elements of “personal property
belonging to another” and that of “intent to
gain” must concur.
(a) If the property unlawfully taken turned
out to be the property of the accused,
he cannot be held liable for robbery,
even if in taking it, the accused used
violence against or intimidation of person
or force upon anything.
(b) If he took personal property from
another, believing that it was his own
property, but in reality it belonged to the
offended party, there being no intent to
gain, he cannot be held liable for
robbery, even if the accused used
violence against or intimidation of
person, or force upon anything.
NOTE: The claim of ownership must be
in good faith.
VIOLENCE OR INTIMIDATION
• The violence must be against the person,
NOT upon the thing taken.
• General Rule: It must be present BEFORE
the taking is complete.
Exception: When violence results in
homicide, rape, intentional mutilation, or any
of the serious physical injuries under
Paragraphs 1 and 2, Article 263, robbery will
be complexed with any of those crimes even
if the taking was already complete when the
violence was used by offender.
NOTE: But, the taking need not be
immediately after the intimidation (People vs.
Chiong; C.A., 69 O.G. 8671).
• Where robbery was committed with violence
against or intimidation of persons, and force
upon things was also present and employed
by the offender, the crime should be
categorized and punished under the FIRST
MODE because it is more serious.
BUT, when robbery is under paragraphs 4
and 5 of Article 294, the penalty is lower than
in Article 299. So, the complex crime should
be imputed for the higher penalty to be
imposed without sacrificing the principle that
robbery with violence against persons is
more severe than that with force upon things
(Napolis v. Court of Appeals, 1972).
USING FORCE UPON THINGS
• The use of force upon things will not make
the taking of personal property robbery if the
culprit never entered the house or building.
• ENTRANCE, as an element
General Rule: Entrance is necessary.
Exceptions: It is NOT necessary –
(a) When the robbery is committed by
breaking wardrobes, chests, or any other
kind of locked or sealed furniture or
receptacle inside an inhabited house, a
public building or an edifice devoted to
religious worship, OR by taking such
furniture or objects away to be broken or
forced open outside (Article 299(b)); and
(b) When the robbery in an uninhabited
building, other than a public building or
edifice devoted to religious worship, is
committed by breaking any wardrobe,
chest, or any sealed or closed furniture
or receptacle, OR by removing a closed
or sealed receptacle even if the same be
broken open elsewhere (Article 302, par.
4 and 5).
ARTICLE 294:
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
PUNISHABLE ACTS:
Paragraph 1
1. By reason or on the occasion of robbery, the
crime of homicide is committed;
2. The robbery is accompanied by rape or
intentional mutilation or arson;
Paragraph 2
3. By reason or on the occasion of robbery, any
of the physical injuries resulting to insanity,
imbecility, impotence or blindness is
inflicted;
211
Paragraph 3
4. By reason or on the occasion of robbery, any
of the physical injuries resulting in the loss of
the use of speech or the power to hear or
smell, or the loss of an eye, a hand, a foot,
an arm, or a leg or the loss of the use of
any of such member or incapacity for the
work in which the injured person is
theretofore habitually engaged is inflicted;
Paragraph 4
5. The violence or intimidation employed in the
commission of the robbery is carried to a
degree clearly unnecessary for the
commission of the crime;
6. In the course of its execution, the offender
shall have inflicted upon any person NOT
responsible for the commission of the
robbery any of the physical injuries in
consequence of which the person injured
becomes deformed or loses any other
member of his body or loses the use
thereof or becomes ill or incapacitated for
the work in which he is habitually engaged
for more than 90 days or the person injured
becomes ill or incapacitated for labor for
more than 30 days; and
Paragraph 5
7. The violence employed by the offender does
not cause any of the physical injuries
defined in Article 263, or if the offender
employs intimidation only.
NOTE: These are special complex crimes.
ROBBERY WITH HOMICIDE
NOTES:
• The term “homicide” is used in its generic
sense and includes any kind of killing, and
the name of this special complex crime shall
remain as robbery with homicide.
There is NO such crime as robbery with
murder. Where treachery is present, it must
be considered not qualifying but merely as a
generic aggravating circumstance (People
vs. Abang; December 29, 1960).
• Robbery with homicide arises only when
there is a direct relation, an intimate
connection, between the robbery and killing,
even if the killing is prior to, concurrent with,
or subsequent to the robbery.
(a) Where the original design comprehends
robbery, and homicide is perpetrated by
reason or on occasion of the
consummation of the robbery, the crime
is robbery with homicide.
(b) If the original design is not to commit
robbery, but robbery is committed after
the homicide as an afterthought in the
homicide, two distinct and separate
offenses – homicide or murder, as the
case may be, and theft – are committed.
NOTE: It is still robbery with homicide even if
the death of a person supervened by mere
accident (People v. Mangulabnan; 99 Phil.
992).
• Homicide may precede or may occur after
the robbery.
BUT, intent to take personal property
belonging to another with the intent to
gain must precede the killing, otherwise,
he is guilty of two separate crimes of
homicide or murder, and theft.
The robbery must be the original design and
homicide must have been perpetrated with a
view to consummate the robbery (People vs.
Torres; June 27, 2001).
• The homicide need NOT be committed in the
place of robbery.
• The law does NOT require that the person
killed is the owner.
• It is NOT required that the victim of robbery
be also the victim of homicide.
HENCE, the killing of a by-stander or a co-
robber is covered.
PERSONS LIABLE:
(a) Principals
All those who took part as principals in the
robbery will also be held guilty as principals
of robbery with homicide although they did
not take part in the homicide, UNLESS it
appears that they sought to prevent the
killing (People vs. Escote, Jr.; April 4, 2003).
212
(b) Accessories
There is an issue regarding the penalty
imposable against the accessory. According
to Article 53, the accessory should suffer the
penalty lower by two degrees than that
prescribed by law. HOWEVER, the special
complex crime of robbery with homicide
cannot be disintegrated because they are
merged in the composite and integrated
whole punishable with ONE penalty.
• Robbery with homicide is different from
highway robbery in that conviction for the
latter requires proof that several accused
were organized for the purpose of committing
it indiscriminately.
• There are no crimes of:
1. Robbery with attempted or frustrated
homicide (
2. Robbery with homicide and serious
physical injuries (Robbery with homicide
absorbs the physical injuries).
3. Robbery with murder
4. Robbery with double homicide
5. Robbery with infanticide
6. Robbery in band with homicide and
serious/less serious physical injuries.
(The band is merely a generic
aggravating circumstance which may be
offset by a mitigating circumstance, while
the physical injuries are absorbed).
ROBBERY WITH RAPE
NOTES:
• It is important to determine the primary
objective or intent of the accused.
(a) When the main purpose is to commit
robbery and rape is also committed, the
crime is robbery with rape.
(b) When the purpose is to commit rape but
robbery is also committed, there are two
separate crimes of rape and robbery or
theft, as the case may be.
• Intent to take personal property belonging to
another with the intent to gain must precede
the rape.
• Even if the rape was committed in another
place, it is still robbery with rape.
• There is NO such crime as robbery with
attempted rape. Both crimes cannot be the
result of a single act (People vs. Cariaga;
C.A., 54 O.G. 4307).
• When the taking of personal property of a
woman is an independent act following
defendant’s failure to consummate the rape,
there are two distinct crimes committed:
attempted rape and theft (People v. Buena;
C.A., 52 O.G. 4698).
• When rape and homicide co-exist in the
commission of the robbery, rape is
considered only as an aggravating
circumstance to the crime of robbery with
homicide.
• Additional rapes or homicides are not
considered aggravating. Unless and until a
law is passed providing that the additional
rapes (or homicides) may be considered
aggravating, the Court must construe the
penal law in favor of the offender as no
person may be brought within its terms if he
is not clearly made so by the statute (People
vs. Sultan; April 27, 2000).
ROBBERY WITH UNNECESSARY
VIOLENCE AND INTIMIDATION
NOTES:
• The violence need not result in serious
physical injuries. All that is required is that
the violence be unnecessary for the
commission of robbery.
• The serious physical injuries defined in
subdivisions 3 and 4, Article 263, inflicted in
connection with the robbery, must be inflicted
in the course of its execution.
ROBBERY WITH ARSON
• R.A. 7659 covers robbery with arson.
• It is essential that robbery precedes arson.
• Robbery with arson can only be committed if
the primordial intent of the offender is to
commit robbery and there is no killing, rape,
or intentional mutilation committed by the
offender during the robbery.
SIMPLE ROBBERY
213
 ROBBERY WITH PHYSICAL INJURIES,
NOTE: COMMITTED IN AN UNINHABITED PLACE, BY
• Paragraph 5 is known as simple robbery A BAND, OR WITH THE USE OF FIREARM ON
because it does NOT result in homicide, A STREET, ROAD OR ALLEY
rape, intentional mutilation, or any serious
physical injuries under Article 263, which Maximum period of the proper penalties shall be
may give rise to a special complex crime. imposed if any of the offenses defined in
subdivisions 3, 4 and 5 of Article 294 is
Examples of robbery with violence or committed –
intimidation in other cases:
1. Snatching money from the hands of the 1. In an uninhabited place (despoblado), or
victim and pushing her to prevent her from 2. By a band (encuadrilla), or
recovering the seized property (U.S. vs. 3. By attacking a moving train, street car,
Samonte; 8 Phil. 286); motor vehicle, or airship, or
4. By entering the passengers’
2. Grabbing pawn ticket from the hands of compartments in a train, or in any
another and intimidating him (U.S. vs. manner taking the passengers thereof by
Blanco; 10 Phil. 298). surprise in respective conveyances, or
5. On a street, road, highway or alley and
ROBBERY THREATS TO the intimidation is made with the use of
EXTORT MONEY firearms, the offender shall be punished
Intimidation is actual The intimidation is by the maximum periods of the proper
and immediate. conditional or future. penalties prescribed in Article 294.
Intimidation is Intimidation may be NOTES:
personal. through an intermediary. • Any of these qualifying circumstances must
Intimidation is Intimidation may refer to be alleged in the information.
directed only to the the person, honor, or
person of the victim. property of the offended • They cannot be offset by a generic mitigating
party or of his family. circumstance.
The gain of the culprit Gain of the culprit is not
is immediate. immediate. • Article 295 is NOT applicable to robbery with
homicide, rape, intentional mutilation, and
lesiones graves resulting in insanity,
ROBBERY GRAVE COERCION
imbecility, impotency or blindness.
In both, there is violence used by the offender.
There is intent to gain. The element of intent Rules on Despoblado and Encuadrilla:
to gain is not present. (a) For robbery with violence or intimidation
(Article 294), despoblado and encuadrilla
ROBBERY BRIBERY need NOT concur.
It is robbery when the It is bribery when the (b) In robbery through force upon things (Article
victim did not commit a victim has committed 302), despoblado and encuadrilla have to
crime and he is a crime and gives CONCUR in order to be considered as and
intimidated with arrest money or gift to avoid have the effect of a special aggravating
and/or prosecution to arrest or prosecution. circumstance.
deprive him of his
personal property. (c) If the crime committed is robbery with
The victim is deprived He parts with his homicide, rape, mutilation or arson
of his money or money or property in a (Paragraph 1), or with physical injuries under
property by force or sense voluntarily. subdivision 1 of Article 263 (Paragraph 2),
intimidation. despoblado and encuadrilla will be
considered only as a generic aggravating
ARTICLE 295: circumstances.

214
• Firearms, licensed or unlicensed, if used on
streets, etc., will become special aggravating
circumstances.
NOTE: The intimidation with the use of
firearm qualifies ONLY robbery on a street,
road, highway, or alley.
ARTICLE 296:
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF
When at least four (4) armed malefactors take
part in the commission of a robbery, it is deemed
committed by a band.
NOTE: Article 296 also applies ONLY to robbery
under Paragraphs 3, 4 and 5 of Article 294, and
NOT to robbery with homicide, rape, intentional
mutilation, arson or the physical injuries in
Paragraph 1, Article 263.
QUALIFYING CIRCUMSTANCE:
When any of the arms used in the commission of
robbery be an unlicensed firearm, the penalty
upon all malefactors shall be the maximum of the
corresponding penalty provided by law without
prejudice to the criminal liability for illegal
possession of firearms.
LIABILITY OF MEMBERS:
Any member of the band who was present at the
commission of a robbery by the band, shall be
punished as principal for any of the assaults
committed by the band, UNLESS it be shown
that he attempted to prevent the same.
• REQUISITES:
1. He was a member of the band.
2. He was present at the commission of a
robbery by that band.
3. The other member/s of the band
committed an assault.
4. He did NOT attempt to prevent the
assault committed by other members.
• GENERAL RULE:
If the robbery and assault were committed by
a band and/or in conspiracy (even if it was
for robbery alone), all participants are liable.
EXCEPTIONS:
(a) The accused prevented or attempted to
prevent the assault; OR
(b) The accused is a principal by
inducement as to the commission of
robbery, UNLESS he ordered such
assault or commission of other crimes.
ADDITIONAL NOTES:
• Conspiracy is presumed when robbery is
committed by a band.
Proof of conspiracy is NOT necessary to hold
a member of the band liable.
• There is NO crime as robbery with homicide
by a band. The circumstances that it was
committed by a band would be appreciated
as an ordinary aggravating circumstance.
• In order for the special aggravating
circumstance of unlicensed firearm to be
appreciated, it is condition sine qua non that
offense charged be robbery by a band under
Article 295.
• P.D. No. 1866 penalizes illegal possession of
firearms in addition to the criminal liability of
accused for robbery by a band.
ARTICLE 297:
ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN
CIRCUMSTANCES
This is a special complex crime: robbery is
attempted or frustrated but homicide is attendant.
NOTES:
• “Homicide” under this article is also used in
its generic sense.
However, if the killing legally constituted
murder or parricide, the offense will continue
to be covered by Article 297 with the
technical name stated therein, but the
penalty shall be for murder or parricide
because Article 297 states “unless the
homicide (killing) committed shall deserve a
higher penalty under this Code.”
• The penalty is the same, whether the robbery
is attempted or frustrated UNLESS the killing
is qualified.
• If physical injuries were inflicted on the
victim, but no intent to kill was proved and
215
 the victim did not die, the liability of the
offender may be as follows:
(a) If the physical injuries were by reason of
the attempted or frustrated robbery as
the means for the commission of the
latter, the injuries are absorbed by the
latter and the crime shall only be
attempted or frustrated robbery.
(b) If the physical injuries were inflicted only
on the occasion of the aborted robbery
but not employed as a means of
committing the latter, there will be
separate crimes of attempted or
frustrated robbery and physical injuries.
(c) If both killing and physical injuries were
committed on that occasion, the crime
will be penalized in accordance with
Article 297 but the physical injuries will
be absorbed.
ARTICLE 298:
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
ELEMENTS: In Com – V I
1. The offender has intent to defraud another.
2. The offender compels him to sign, execute,
or deliver any public instrument or document.
3. The compulsion is by means of violence or
intimidation.
NOTES:
• If the violence resulted in the death of the
person to be defrauded, crime is robbery
with homicide and shall be penalized under
paragraph 1, Article 294.
• Article 298 applies to private or commercial
document, but it does NOT apply if document
is void.
• When the offended party is under obligation
to sign, execute or deliver the document
under the law, it is NOT robbery but
coercion.
ROBBERY WITH USE OF
FORCE UPON THINGS
TWO INSTANCES:
1. Robbery occurred in:
(a) An inhabited house or public building
or edifice devoted to religious worship
(Article 299); or
(b) An uninhabited place or in a private
building (Article 302).
2. If the offender did NOT enter the premises,
but the offender broke a wardrobe, chest, of
any other kind of locked or sealed furniture or
receptacle in the house or building, OR he
took it away to be broken or forced open
outside.
ARTICLE 299:
ROBBERY IN AN INHABITED HOUSE,
PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
ELEMENTS (Subdivision A):
1. The offender entered:
(a) An inhabited house;
(b) A public building; or
(c) An edifice devoted to religious worship.
2. The entrance was effected by any of the
following means:
(a) Through an opening not intended for
entrance or egress;
(b) By breaking any wall, roof, floor, door,
or window;
(c) By using false keys, picklocks or
similar tools; or
(d) By using any fictitious name or
pretending the exercise of public
authority.
3. That once inside the building, the offender
took personal property belonging to
another with intent to gain.
NOTES:
• There must be evidence that accused
entered the dwelling house or building by any
of the means enumerated in subdivision (a).
In entering the building, there must be the
intent to take personal property.
• Any of the four means described in
subdivision (a) must be resorted to enter a
house or building, NOT to get out, otherwise
it is only theft.
• The whole body of the culprit must be inside
the building to constitute entering.
216
• “Breaking” means entering the building.
The “force used” in this means must be
actual, as distinguished from that in the other
means, which is only constructive force.
NOTE: Not every physical force exerted by
the offender is covered by Article 299.
Hence, breaking store windows to steal
something but without entry is only theft.
• “False keys” are genuine keys stolen from
the owner or any keys other than those
intended for use in the lock forcibly opened
by the offender.
• If the locked or sealed receptacle is not
forced open, crime is estafa or theft.
• The penalty depends on the value of
property taken, and on whether or not
offender carries arms.
Liability for carrying arms is extended to all
those who participated in the robbery,
including those without arms.
ARTICLE 300:
ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND

The genuine key must be stolen, not taken The two qualifications must concur:
by force or with intimidation, from the owner. (a) Uninhabited place, and
(b) By a band.
If false key is used to open wardrobe or
locked receptacle or drawer or inside door it
ROBBERY WITH ROBBERY WITH
is only theft. FORCE UPON VIOLENCE OR
THINGS INTIMIDATION
ELEMENTS (Subdivision B):
1. Offender is inside a dwelling house, public It must be committed It must be committed in
building or edifice devoted to religious in an uninhabited place an uninhabited place
worship, regardless of the circumstances AND by a band. OR by a band.
under which he entered;
2. The offender takes personal property ARTICLE 301:
belonging to another with intent to gain under WHAT IS AN INHABITED HOUSE, PUBLIC
any of the following circumstances: BUILDING OR BUILDING DEDICATED TO
(a) By the breaking of doors, wardrobes, RELIGIOUS WORSHIP AND THEIR
chests, or any other kind of sealed DEPENDENCIES
furniture or receptacle;
(b) By taking such furniture or objects INHABITED HOUSE
away to be broken open outside the It refers to any shelter, ship or vessel constituting
place of the robbery. the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily
NOTES: be absent therefrom when the robbery is
• Entrance into the building by any of the committed.
means mentioned in subdivision (a) is NOT
required in robbery under subdivision (b). PUBLIC BUILDING
It refers to every building owned by the
• The term “door” in Paragraph 1, subdivision Government or belonging to a private person but
(b) of Article 299, refers only to “doors, lids or used or rented by the Government, although
opening sheets” of furniture or other portable temporarily unoccupied by the same.
receptacles, NOT to inside doors of house or
building. DEPENDENCIES
It includes all interior courts, corrals,
• The provision punishes more severely the waterhouses, granaries, barns, coach-houses,
robbery in a house used as a dwelling than stables or other departments or inclosed places
that committed in an uninhabited place contiguous to the building or edifice, having an
because of the possibility that the inhabitants interior entrance connected therewith, and which
in the former might suffer bodily harm during form part of the whole.
the robbery.
• REQUISITES:
(a) It must be contiguous to the building;

217
 (b) It must have an interior entrance
connected therewith;
(c) It must form part of the whole.
BUT: Orchards and other lands used for
cultivation or production are NOT included in
the term “dependencies,” even if closed,
contiguous to the building and having direct
connection therewith (Par. 3, Article 301).
ARTICLE 302:
ROBBERY IN AN UNINHABITED PLACE OR
IN A PRIVATE BUILDING
ELEMENTS:
1. Offender entered an uninhabited place or a
(private) building which is not a dwelling
house, not a public building, or not an edifice
devoted to religious worship.
2. The following circumstances are present –
(a) Entrance has been effected through
an opening not intended for entrance
or egress;
(b) If any wall, roof, flour or outside door
or window has been broken;
(c) If the entrance has been effected
through the use of false keys, picklocks
or other similar tools;
(d) If any door, wardrobe, chest or sealed
or closed furniture or receptacle has
been broken; OR
(e) If any closed or sealed receptacle has
been removed even if the same to
broken open elsewhere.
3. With intent to gain, the offender took
therefrom personal property belonging to
another.
NOTES:
• Same manner of commission as Article 299.
The only difference between Articles 299 and
302 is that the use of fictitious name or
simulation of public authority can be used
only in Article 299 which refers to inhabited
buildings, and NOT in Article 302 which
involves uninhabited or other places.
• While Article 302 provides for robbery in an
“uninhabited place,” it actually means an
“uninhabited house.”
• Entrance through an opening not intended
for entrance or egress is NOT necessary if
there is breaking of wardrobe, chest, or
sealed or closed furniture or receptacle, or
removal thereof to be broken open
elsewhere.
• ROBBERY IN A “STORE”:
(a) Apply Article 299 if the store is used as a
dwelling, or if the store is a dependency
of an inhabited house with an interior
entrance connected therewith (e.g. store
is on the ground floor of the house
belonging to the owner, having an
interior entrance connected therewith).
(b) Apply Article 302 if the store is not used
as a dwelling.
NOTE: Taking of mail matter as defined in
Articles 294, 295, 297, 299, 300 and 302 shall be
punished with penalties under said articles. The
penalty is based on the value of property taken.
ARTICLE 303:
ROBBERY OF CEREALS, FRUITS OR
FIREWOOD IN AN INHABITED PLACE OR
PRIVATE BUILDING
The penalty is one degree lower ONLY when
robbery is committed by use of force upon things,
WITHOUT intimidation or violence against a
person.
NOTES:
• Cereals are seedlings which are the
immediate product of the soil.
• The “palay” must be kept by the owner as
“seedling” or taken for that purpose by the
robbers.
ARTICLE 304:
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
ELEMENTS:
1. The offender has in his possession picklocks
or similar tools;
2. Such picklocks or similar tools are specially
adopted to the commission of robbery; and
3. The offender does NOT have lawful cause
for such possession.
NOTES:
• Actual use of the picklocks or similar tools is
NOT necessary.
218
• The liability of the locksmith is higher than (c) To attain by means of force or violence
that of a mere possessor. any other purpose.

ARTICLE 305: HIGHWAY ROBBERY / BRIGANDAGE

FALSE KEYS
False keys shall be deemed to include:
1. Tools not mentioned in Article 304;
2. Genuine keys stolen from the owner; and
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender.
NOTES:
• A “master key” is considered a picklock and
its possession is punishable (People vs.
Lopez; May 20, 1965).
It refers to (a) the seizure of any person for
ransom, extortion or other unlawful purposes, or
(b) the taking away of the property of another by
means of violence against or intimidation of
person or force upon things of other unlawful
means, committed by any person on any
Philippine Highway (Sec. 2(e), P.D. 532).
PRESUMPTION:
All are presumed highway robbers or brigands if
any of them carries unlicensed firearm.
NOTE: The term “highway” includes city streets.

• Possession of false keys in (2) and (3) are BRIGANDAGE ROBBERY BY BAND
NOT punishable. The purpose is any of The purpose commit
the following: robbery and not
• If the key was entrusted to the offender and (a) Commit robbery in necessarily in a
he used it to steal, the crime committed is the highway; highway.
theft, not robbery. (b) Kidnap to extort or
get ransom;
CHAPTER 2: (c) Any other purpose
BRIGANDAGE to be achieved by
means of force or
violence.
NOTE: Anti-Piracy and Anti-Highway Robbery
Law (P.D. 532) modified Articles 306 and 307. The agreement is to The agreement is to
commit several commit only a
ARTICLE 306: robberies. particular robbery.
WHO ARE BRIGANDS Mere formation of a Conspiracy to commit
band for any of the robbery is NOT
BRIGANDAGE above purposes is punishable.
It is committed by more than three (3) armed sufficient.
persons who form a band of robber for the There is no It is necessary to prove
PURPOSE of committing (a) robbery in the requirement that the that the band actually
highway, or (b) kidnapping persons for the crime is actually committed the robbery.
purpose of extortion or to obtain ransom, or (c) committed.
for any other purpose to be attained by means
of force and violence.
ARTICLE 307:
AIDING AND ABETTING A
PURPOSE:
BAND OF BRIGANDS
The main object of the law is to prevent the
formation of band of robbers.
ELEMENTS:
1. There is a band of brigands.
ELEMENTS:
2. Offender knows the band to be of brigands.
1. There be at least four (4) armed persons
3. The offender does any of the following:
(more than three (3) armed persons);
(a) He in any manner aids, abets or
2. They formed a band of robbers; and
protects such band of brigands;
3. The purpose is any of the following:
(b) He gives them information about the
(a) To commit robbery in a highway; or
movement of police or other peace
(b) To kidnap persons for the purpose of
officers of the Government;
extortion or to obtain ransom; or

219
 (c) He acquires or receives property
taken by such brigands, or in any
manner derives any benefit therefrom;
OR
(d) He directly or indirectly abets the
commission of highway robbery or
brigandage.
NOTES:
• It is presumed that the person performing
any of the acts provided in this article has
performed them knowingly, UNLESS the
contrary is proven.
• The offender here shall be considered as an
ACCOMPLICE.
CHAPTER THREE:
THEFT
ARTICLE 308:
WHO ARE LIABLE FOR THEFT
THEFT
It is committed by any person who, with intent to
gain, but without violence against or intimidation
of persons or force upon things, shall take
personal property of another without the latter’s
consent.
2
ELEMENTS: TB In – Without
1. There be taking of personal property;
2. Said property belongs to another;
3. The taking be done with intent to gain;
4. The taking be done without the consent of
the owner; and
5. The taking be accomplished without the use
of violence against or intimidation of persons
or force upon things.
NOTES:
• Theft is a formal crime.
• Theft is NOT a continuing offense.
• Unlawful taking consummates theft, even in
the absence of the opportunity to dispose of
the personal property taken (Valenzuela vs.
People; June 21, 2007 overturning the
rulings in People v. Diño and People v.
Flores).
It does NOT require the taking away or
carrying away of the thing taken (People vs.
Mercado; 65 Phil. 665).
Taking is complete the moment the
offender takes possession of the property,
even if it were more or less momentarily. The
offender does NOT have to derive gain or
benefit from the property – it is not an
element of theft (People v. Salvilla; April 26,
1990).
HENCE: There is no crime of frustrated
theft. The offender has either complete
control of the property (consummated) or
without (attempted) (Valenzuela vs. People;
June 21, 2007).
• The law requires that the property taken
belongs to another.
HENCE:
(a) He who takes away the property
pledged by him to another without the
latter’s consent does NOT commit theft,
but estafa, for he is the owner thereof.
(b) Selling share of a partner or joint owner
is NOT theft.
• Intent to gain is presumed from the
unlawful taking.
BUT:
(a) If one takes personal property openly
and avowedly under claim of title made
in good faith, he is NOT guilty of theft,
even though claim of ownership is later
found to be untenable (People vs.
Lozada; December 21, 1949).
(b) If a person takes property of another,
believing it to be his own, presumption
of intent to gain is rebutted. Hence, he is
NOT guilty of theft (U.S. vs. Viera; 1 Phil.
584).
• However, actual or real gain is NOT
necessary in theft. It is enough that on
taking the property, the offender actuated by
the desire or intent to gain (People vs.
Mercado; 65 Phil. 665).
• The personal property subject of the theft
must have some value, as the intention of
the accused is to gain from the thing stolen.
This is further bolstered by Article 309, where
the law provides that the penalty to be
imposed on the accused is dependent on the
value of the thing stolen.
220
 Example: Petitioner unlawfully took the
postdated check belonging to Mega Foam,
but the same was apparently without value,
as it was subsequently dishonored. Hence,
qualified theft was NOT produced (Jacinto
vs. People; 2009).
• Lack of consent does NOT refer to mere lack
of opposition on the part of the owner.
NOTE: Even if the owner knew the taking,
but he did not consent to it, the accused is
still liable for theft (Reyes, supra., p. 739).
• In theft, the taking is accomplished without
the use of violence against or intimidation of
persons, or force upon things.
ROBBERY THEFT
The offender uses The offender does
violence or NOT use any
intimidation or enters violence or
a house through any intimidation or does
of the means NOT enter a house
specified in Article through any of the
299 or Article 302. means specified in
the said articles.
It is necessary that It is sufficient that
there be taking the consent on the
against the will of the part of the owner is
owner. lacking.
NOTES:
(a) When violence is for a reason entirely
foreign to the fact of taking, it is NOT
robbery, but theft.
If the taking away of personal property is
already consummated when the violence
is employed, the crime is only THEFT:
Provided, however, that violence does
not result in homicide, rape, intentional
mutilation or serious physical injuries
defined in Paragraph 1, Article 263.
Example: Gulinao shot Dr. Chua and
left. Then he went back and took Dr.
Chua’s diamond ring. The crime was
theft and not robbery. Circumstances
show that the taking was merely an
afterthought. Violence used in killing Dr.
Chua had no bearing on the taking of the
ring (People v. Gulinao; 1989).
(b) Unless force upon things is employed to
enter a building, the taking of personal
property belonging to another with intent
to gain is theft, not robbery, EXCEPT
that, it is robbery when a furniture, chest,
or other locked or sealed receptacle is
broken in the house or building, or taken
therefrom to be broken or forced open
outside.
• When a person possesses part of recently
stolen property, he is presumed to be the
thief of all UNLESS he has a satisfactory
explanation for his possession.
PERSONS LIABLE FOR THEFT:
1. Those who (a) with intent to gain, (b)
without violence or intimidation of
persons nor force upon things, (c) take (d)
personal property of another (e) without
the latter’s consent;
2. Those who (a) having found lost property,
(b) fail to deliver the same to the local
authorities or to its owner;
NOTES:
• Finders of “lost property” have the duty
to deliver the same to local authorities.
(a) Finder in Fact is a person who finds
a lost item. He has an obligation to
deliver the property to the owner if
known, or otherwise surrender the
property to the authorities.
(b) Finder in Law is an officer of the law
to whom a lost item is surrendered or
turned over.
• Lost property embraces loss by stealing
or by act of the owner or by a person
other than the owner, or through some
casual occurrence.
• A person who is found in possession of a
lost property is in fact presumed to be
the thief unless he explains his
possession satisfactorily.
• The law does NOT require knowledge of
the owner of the lost property. As long as
the accused knew or had reason to
know that the property was lost, it was
his duty to turn it over to the authorities,
regardless of whether or not he knew
221
 who the owner of the lost property was
(People v. Silverio; C.A., 43 O.G. 2205).
• It is necessary to prove:
(a) The time of seizure of the thing;
(b) That it was a lost property belonging
to another; and
(c) That the accused having had the
opportunity to return or deliver the
lost property to its owner or to the
local authorities, refrained from doing
so.
• Delay in the delivery of the lost property
is immaterial.
• Finder of hidden treasure on the
property of another by chance is entitled
to one-half share (Article 438, NCC).
If finder misappropriated the share
pertaining to the owner of the property
where the treasure was found, he is
guilty of theft as regards that share
(People vs. Longdew; June 4, 1953).
3. Those who (a) after having maliciously
damaged the property of another, (b)
remove or make use of the fruits or
objects of the damage caused by them;
and
4. Those who (a) enter (b) an enclosed estate
or a field where trespass is forbidden or
which belonged to another, and (c) without
the consent of the owner (d) hunt or fish
upon the same or gather fruits, cereals or
other forest or farm products.
NOTE: “Fishing” referred to in this article is
NOT in the fishpond or fishery. If the fish is
taken from fishpond or fishery, it is qualified
theft under Article 310.
THEFT ESTAFA
The crime is theft if When both the material
only the physical or and juridical
material possession of possession are
the thing is transferred,
transferred. misappropriation of the
property would
constitute estafa.
NOTE: Juridical
possession is the
possession which gives
the transferee a right
over the thing which
the transferee may set
up even against the
owner.
• If possession was only material or
physical, the crime is theft.
• If possession was material and juridical,
the crime is estafa.
The following may be the subject of theft:
(a) Electricity: This may be subject of either
Article 308 or R.A. 7832 (Anti-Electricity
Pilferage Act of 1994);
(b) Services: Under the Code of Commerce,
services are a personal property;
(c) Commercial documents (e.g. Promissory
Notes, etc.): These are things of value; or
(d) Stolen property: The law does not
distinguish.
(e) Contrabands.
ARTICLE 309:
PENALTIES
BASIS FOR PENALTY IN THEFT:
1. The value of the thing stolen;
2. In some cases, the value and the nature of
the property taken; or
3. The circumstances or causes that impelled
the culprit to commit the crime.
NOTE: If there is no evidence of the value of the
property stolen, the court should impose the
minimum penalty corresponding to theft involving
the value of P5.00. The court may also take
judicial notice of its value in the proper cases.
ARTICLE 310:
QUALIFIED THEFT
QUALIFYING CIRCUMSTANCES:
Theft is qualified if:
D A – Mo Ma La Co Fi – Occ (FETEOAC)
1. Committed by a domestic servant;
2. Committed with grave abuse of confidence;
or
3. The property stolen is:
(a) Motor vehicle;
(b) Mail matter;
(c) Large cattle;
(d) Coconut from the premises of a
plantation (whether still in the tree or
deposited on the ground); or
222
 (e) Fish from a fishpond or fishery.
4. The property is taken on the occasion of
fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular
accident or civil disturbance.
Penalty: Two degrees higher than those
specified in the next preceding article.
NOTES:
• Theft by domestic servant is always
qualified. There is no need to prove grave
abuse of discretion.
• The abuse of confidence must be grave.
There must be allegation in the information
and proof of a relation, by reason of
dependence, guardianship or vigilance,
between the accused and the offended party
that has created a high degree of confidence
between them, which the accused abused.
• Theft of any material, spare part, product or
article by employees and laborers is
heavily punished under P.D. 133 (1973).
• The unlawful taking of motor vehicles is
now covered by the Anti-Carnapping Act
(R.A. 6539, as amended by R.A. 10883)
and NOT by the provisions on qualified theft
or robbery.
• If private individual took a letter containing
postal money order it is qualified theft.
If it was the postmaster, to whom the letter
was delivered, the crime would be infidelity in
the custody of documents.
• To constitute the crime of qualified theft by
taking large cattle, the animal must be
taken alive. Thus, killing a cow on the spot
where it was found and taking its meat is
simple theft because there was no taking of
the cow but only its meat.
• Regarding the theft of coconuts and fish,
what matters is not the execution, but the
location where it is taken. It should be in the
plantation or in the fishpond.
NOTE: See discussion in the SPL section on –
(a) Anti-Carnapping Act (R.A. 6539);
(b) Anti-Cattle Rustling Law (P.D. 533);
(c) Law on Illegal Fishing (P.D. 534);
(d) Law on Highgrading (P.D. 581); and
(e) Anti-Fencing Law (P.D. 1612).
ARTICLE 311:
THEFT OF PROPERTY OF THE NATIONAL
LIBRARY & NATIONAL MUSEUM
NOTES:
• Theft of property of the National Museum
and National Library has a fixed penalty
regardless of its value.
• BUT, if it was with grave abuse of
confidence, the penalty for qualified theft
shall be imposed.
CHAPTER 4:
USURPATION
ARTICLE 312:
OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL
RIGHTS IN PROPERTY
PUNISHABLE ACTS:
1. Taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2. Usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons
ELEMENTS: TU – B – V I - In
1. The offender takes possession of any real
property or usurps any real rights in property;
2. The real property or real rights belong to
another;
3. Violence against or intimidation of persons is
used by the offender in occupying real
property or usurping real property or
usurping real right in property.
4. There is intent to gain.
NOTES:
• If there is no violence or intimidation, only
civil liability exists. Violence or intimidation
must be the means used in occupying real
property or in usurping real rights.
• Criminal action for usurpation of real property
is NOT a bar to civil action for forcible entry.
223
• If the accused is the owner of the property
which he usurped from the possessor, he
cannot be held liable for usurpation.
• Considering that this is a crime against
property, there must be intent to gain. In the
absence of the intent to gain, the act may
constitute coercion.
• R.A. 947 makes it unlawful for any person,
corporation or association to enter or
occupy, through force, intimidation,
threat, strategy or stealth, any public
agricultural land including such public
lands as are granted to private individuals
under the provisions of the Public Land Act
or any other laws providing for the disposal
of public agricultural lands in the Philippines,
and are duly covered by the corresponding
applications required for the purpose
notwithstanding the fact that title thereto still
remains in the Government; or for any
person, natural or juridical, to instigate,
induce or force another to commit such acts
(Sec. 1, R.A. 947).
Article 312 is NOT applicable:
(a) When violence or intimidation took place
subsequent to the entry into property; or
(b) To a case of open defiance of the writ of
execution issued in the forcible entry case.
(b) Taking it to another place; or
(c) Removing a fence.
CHAPTER FIVE:
CULPABLE INSOLVENCY
ARTICLE 314:
FRAUDULENT INSOLVENCY
ELEMENTS: D A P
1. The offender is a debtor;
2. He absconds with his property; and
3. There be prejudice to his creditors.
NOTES:
• If the accused is a merchant, higher penalty
shall be imposed.
• Actual prejudice, not intention alone, is
required.
• Fraudulent concealment of property is NOT
sufficient if the debtor has some property
with which to satisfy his obligation (People v.
Sy Gesiong; 60 Phil. 614).
• The word “abscond” does NOT require that
the debtor should depart and physically
conceal his property. Hence, real property
could be the subject matter of Article 314.

USURPATION THEFT OR ROBBERY • The person prejudiced must be a creditor

of the offender.
Both are committed with intent to gain.
Real property or real Personal property is FRAUDULENT INSOLVENCY LAW
right over immovable taken. INSOLVENCY
property is involved.
There is NO need for To be applicable, the
There is an occupation There is taking or insolvency crime should have
or usurpation. asportacion. proceedings. The been committed after
defendant need not be the institution of
ARTICLE 313: adjudged bankrupt or insolvency
ALTERING BOUNDARIES OR LANDMARK insolvent. proceedings.
Hence, there is NO inconsistency.
ELEMENTS:
1. There be boundary marks or monuments
CHAPTER SIX:
of towns, provinces, or estates, or any other
marks intended to designate the SWINDLING AND OTHER DECEITS
boundaries of the same; and
2. The offender alters said boundary marks. ARTICLE 315:
ESTAFA
NOTES:
• It does NOT require intent to gain. ELEMENTS OF ESTAFA IN GENERAL:
• The word “alter” may include: 1. The accused defrauded another:
(a) Destruction of stone monument; (a) By abuse of confidence; or

224
 (b) By means of deceit; and
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party
or third person.
NOTE: Damage or prejudice must be
capable of pecuniary estimation, because it
is the basis of the penalty.
PUNISHABLE ACTS OF ESTAFA:
1. Estafa with unfaithfulness or abuse of
confidence (Article 315, par. 1 (a) (b) (c))
2. Estafa by means of false pretenses and
fraudulent acts (Article 315, par. 2(a) (b) (c)
(d) (e); and see B.P. 22)
3. Estafa through other fraudulent means
(Article 315, par. 3 (a) (b) (c)).
ESTAFA WITH UNFAITHFULNESS OR
ABUSE OF CONFIDENCE
NOTE: Deceit is NOT an essential element of
Estafa with abuse of confidence.
Paragraph 1(a):
Altering the substance, quantity or quality of
object subject of obligation to deliver
ELEMENTS:
1. The offender has an onerous obligation to
deliver something of value.
2. He alters its substance, quantity, or quality.
3. Damage or prejudice is caused to another.
NOTES:
• When there is no agreement as to the
quality of the thing to be delivered, the
delivery of the thing not acceptable to the
complainant is NOT estafa.
• Crime may arise even though the obligation
is based on an immoral or illegal
consideration.
• When the fraud committed consists in the
adulteration or mixing of some extraneous
substance in an article of food so as to lower
its quantity, it may be a violation of the Pure
Food Law (see R.A. 3720).
• Estafa may arise even if thing delivered is
not subject of lawful commerce (e.g. opium,
contrabands).
Paragraph 1(b):
Misappropriation and Conversion
ELEMENTS:
1. Money, goods, or other personal property is
received by the offender in trust, or in
commission, or for administration, or
under any other obligation involving the
duty to make delivery of, or to return, the
same;
2. There be misappropriation or conversion
of such money or property by the offender, or
denial on his part of such receipt;
3. Such misappropriation or conversion or
denial is to the prejudice of another; and
4. There is a demand made by the offended
party to the offender.
NOTES ON THE FIRST ELEMENT:
• Money, goods or other personal property
must be received by the offender under
certain kinds of transaction transferring
juridical possession to him.
NOTE: Juridical possession is that
right of possession which may be
invoked by the transferee, even as
against the owner.
When what is transferred is ownership, the
failure to deliver results in civil liability only.
• The offender acquires BOTH physical
possession and juridical possession when
the thing is received by the offender from the
offended party:
(a) In trust,
(b) On commission,
(c) For administration, or
(d) Under any other obligation involving duty
to make delivery of, or to return.
• Criminal liability for estafa is NOT affected by
subsequent novation of contract (a) after
estafa has been consummated or incurred,
OR (b) after criminal information has already
been filed.
Novation theory may apply PRIOR to the
filing of the criminal information in court,
because up to that time, the original trust
relation may be converted by the parties into
an ordinary creditor-debtor situation, thereby
placing the complainant in estoppel to insist
on the original trust. But, AFTER the judicial
authorities have taken cognizance of the
crime and the instituted action, the offended
225
 party may no longer divest the prosecution of
its power to exact the criminal liability, as
distinguished from the civil liability (People
vs. Nery; February 5, 1964).
NOTES ON THE SECOND ELEMENT:
• Three ways of committing estafa with
abuse of confidence under Par. 1(b):
1. Misappropriation is to take something
for one’s own benefit.
NOTE: The law does not distinguish
between temporary and permanent
misappropriations.
2. Conversion is to use or dispose of
another’s property as if it is one’s own.
NOTE: Conversion presupposes that the
thing has been devoted to a purpose or
use different from that agreed upon.
3. Denying that the thing was received.
NOTES ON THE THIRD ELEMENT:
• Prejudice refers to “another” or any third
person, and NOT necessarily to the owner.
• It is NOT necessary that the offender should
obtain gain.
NOTES ON THE FOURTH ELEMENT:
• Demand is NOT required by law, but it is
necessary because failure to account
upon demand is circumstantial evidence
of misappropriation.
Demand is NOT necessary when there is
evidence of misappropriation of goods by the
defendant.
Demand cannot be dispensed with even if:
(a) The offender cannot be located;
BUT, in People vs. Villegas (56 O.G. 11;
1938), if the offender is in hiding, it is
clear indication of a premeditated
intention to abscond with the things
received and the offender could not have
complied with the demand even if made,
hence demand is not necessary; OR
(b) There was an agreement upon specific
time for delivery or return of the things
received.
In People vs. Librea (48 O.G. 5305), if
the receipt signed by the accused
stipulated a specified date for the return
of the thing, such specified date is in
itself a demand dispensing with the need
for subsequent demand to be made.
• In estafa by means of deceit, demand is NOT
needed because the offender obtains the
thing wrongfully from the start. BUT, in estafa
with abuse of confidence, the offender
receives the thing under a lawful transaction.
LIABILITY OF PARTNERS:
• Partners are NOT liable for estafa of money
or property received for the partnership when
the business commenced and the profits
accrued.
• Failure of a partner to account for partnership
funds may give rise to a civil obligation only,
not estafa.
EXCEPTIONS:
(a) Misappropriation of the share of
another in the profits is estafa. (People
vs. Clemente; C.A., 65 O.G. 6892).
(b) Misappropriation of money or
property received by the partner for
specific purpose is estafa. (People vs.
De La Cruz; September 3, 1924).
• A co-owner is liable if, after the termination of
the co-ownership, he misappropriates the
thing which has become the exclusive
property of the other.
RULE AS TO THE COMMISSION OF AGENT:
(a) If agent is authorized to retain his
commission out of the amounts he collected,
there is no estafa.
(b) Otherwise, he is guilty of estafa because his
right to commission does not make the agent
a co-owner of money.
There is no estafa in the following cases:
1. Transaction sale fails and the accused
refuses to return the advance payment.
2. The money or personal property received by
accused is not to be used for a particular
purpose, or not to be returned.
3. When the agent sold the thing received on
commission for a lower price than the one
fixed, there is no estafa (U.S. vs. Torres).
4. Thing was received under a contract of sale
on credit.
226
 In both crimes, the offenders are entrusted with
IMPORTANT NOTES: funds or property.
• There is NO estafa through negligence. Funds or property are Funds or property
always private. are always public.
• The gravity of estafa is determined on the
basis of the amount returned BEFORE the Offender is a private Offender is a public
institution of the criminal action. individual or public officer accountable
officer not accountable for public funds or
• Criminal intent is essential in estafa. for public funds or property.
property.
• Earnest effort to comply with obligation is It is committed by It is committed by
a defense against estafa. (Manahan vs. misappropriating, misappropriating or
Court of Appeals, 1996). converting or denying thru abandonment or
having received money negligence, or letting
Estafa with Abuse of Confidence or other personal other person to take
and Theft, Distinguished property. public funds or
property.
ESTAFA WITH ABUSE THEFT
OF CONFIDENCE There is NO estafa There can be
through negligence. malversation through
Offender receives the Offender takes the abandonment or
thing from the offended thing. negligence.
party.
Both are continuing offenses.
In receiving the thing, The offender
the offender acquired acquired only the
NOTES:
both the material material or physical
possession and possession, while • When the public officer is acquitted in a
juridical possession. juridical possession prosecution for malversation, the private
remains with the individual in conspiracy with him may be held
offended party. liable for estafa, depending on the nature of
the funds.
Test to distinguish estafa from theft
When the owner does Upon delivery of the • Misappropriation of firearms received by
NOT expect the thing to the offender, a police officer:
immediate return of the the owner expects (a) It is estafa if it is NOT involved in the
thing he delivered to the the immediate commission of a crime;
accused, the return of the thing. (b) It is malversation if it is involved in the
misappropriation of the commission of a crime.
same is estafa. Example: Sale of
thing received to be Paragraph 1(c):
Exception: When the pledged for owner is Taking advantage of signature in blank
servant received money theft, when the intent
or other personal to appropriate ELEMENTS:
property from the existed at the time it 1. The paper with the signature of the
master, with the was received. offended party is in blank.
obligation to deliver it to 2. Offended party delivered it to the offender.
third person, and 3. Above the signature of the offended party a
misappropriated it to the document is written by the offender
prejudice of the owner, without authority to do so.
the crime is qualified 4. The document so written creates a liability
theft. of, or causes damage to, the offended party
or any third person.
Estafa with Abuse of Confidence and
Malversation, Distinguished ESTAFA BY MEANS OF DECEIT
ESTAFA WITH ABUSE MALVERSATION
OF CONFIDENCE GENERAL ELEMENTS:

227
1. There must be a false pretense, fraudulent
act, or fraudulent means.
2. Such false pretense, fraudulent act or
fraudulent means must be made or executed
prior to or simultaneously with the
commission of the fraud.
3. Offended party must have relied on the
false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with
his money or property because of the false
pretense, fraudulent act, or fraudulent
means.
4. As a result thereof, the offended party
suffered damage.
NOTES:
• The acts must be fraudulent. Acts must be
founded on deceit, trick, or cheat, and such
must be made prior to or simultaneously with
the commission of the fraud.
• DECEIT:
(a) In false pretenses, the deceit consists in
the use of deceitful words.
(b) In fraudulent acts, the deceit consists
principally in deceitful acts.
• The offender must be able to obtain
something from the offended party because
of the fraudulent acts.
• Accused cannot be convicted of estafa
with abuse of confidence if charged with
estafa by means of deceit.
• Knowledge of criminal intent of the principal
is essential to be convicted as an accomplice
in estafa through falsification of commercial
document. There must be knowing
assistance in the execution of the offense.
(Abejuela vs. People; 1991).
• In a tenant-landowner relationship, it is
incumbent upon the tenant to hold in trust
and, eventually, account for the share in the
harvest appertaining to the landowner, failing
which the tenant could be held liable for
misappropriation (estafa).
What prevails today, under R.A. 6657, is
agricultural leasehold tenancy relationship.
… In such a relationship, the tenant’s
obligation is simply to pay rentals, NOT to
deliver the landowner’s share.
Given this dispensation, the petitioner’s
allegation that the respondents
misappropriated the landowner’s share of the
harvest, as contained in the information, is
untenable. Accordingly, the respondents
cannot be held liable under Article 315,
paragraph 4(1)(b) of the Revised Penal Code
(People v. Vanzuela, 2008).
PUNISHABLE ACTS:
Paragraph 2(a):
Using fictitious name or false pretenses at
power, influence or other similar deceits
Estafa here is committed by:
1. By using fictitious name;
2. By falsely pretending to possess:
(a) Power;
(b) Influence;
(c) Qualifications;
(d) Property;
(e) Credit;
(f) Agency;
(g) Business; or
(h) Imaginary transactions;
3. By means of other similar deceits.
NOTES:
• For this kind of estafa, it is indispensable that
the deceit (i.e., false statement or fraudulent
representation) of the accused be made
prior to or at least simultaneously with the
delivery of the thing by the complainant.
If there be no such prior or simultaneous
deceit, any subsequent act of the accused,
however fraudulent and suspicious it may
appear, cannot serve as a basis for
prosecution for the class of estafa.
• It is essential that such deceit constitutes the
cause or only motive which induced the
complainant to part with the thing.
• In estafa by means of deceit under Article
315, par. 2(a), there must be evidence that
the pretense of the accused is false. Without
such proof, criminal intent to deceive cannot
be inferred.
• Fraud must be proved with clear and
positive evidence.
ESTAFA BY USING FICTITIOUS NAME
228
• Estafa by using fictitious name is present
when a person uses a name other than his
real name (People v. Yusay; 50 Phil. 598).
ESTAFA THROUGH FALSE PRETENSES
• Example: A creditor who deceives his debtor
is liable for estafa.
• A person may be convicted of BOTH illegal
recruitment and estafa. The reason
therefore is not hard to discern – illegal
recruitment is malum prohibitum, while estafa
is malum in se. In illegal recruitment, the
criminal intent of the accused is not
necessary for conviction. In estafa, such
intent is imperative.
Petitioner’s claim that she did not represent
herself as a licensed recruiter, but that she
merely tried to help the complainants secure
a tourist visa could not make her less guilty
of illegal recruitment, it being enough that
she gave the impression of having had the
authority to recruit workers for deployment
abroad. Consequently she is also held liable
for estafa under Article 315(2)(a)
(Lapasaran v. People, 2009).
Estafa by means of deceit vs. Theft
ESTAFA BY MEANS THEFT
OF DECEIT
It involves the transfer of It involves only
both material or physical material or physical
possession and juridical possession.
possession.
It always involves deceit. It may or may not
involve deceit.
The complex crime of estafa through theft is
committed when theft is employed as a
necessary means to commit estafa (People vs.
Yusay; 60 Phil. 598).
ESTAFA THROUGH FALSIFICATION
• Example: Any person who falsifies,
counterfeit, or imitates the signatures of the
officials appearing in traffic police stickers is
liable for estafa thru falsification of a public or
official document (People vs. Asistio, C.A.,
59 O.G. 8625).
• Estafa through false pretenses made in
writing is only a simple crime of estafa, NOT
a complex crime of estafa through
falsification.
Paragraph 2(b):
Altering the quality, fineness or weight of
anything pertaining to art or business
NOTES:
• Manipulation of scale is punished under the
Revised Administrative Code.
Paragraph 2(c): Pretending to have bribed
any government employee
NOTE: This is committed by any person would
ask money from another for the alleged purpose
of bribing a government employee but just
pocketed the money.
If he really gives the money to the government
employee, it is corruption of public officer.
Paragraph 2(d): Postdating a check or issuing
a bouncing check
ELEMENTS:
1. Offender postdated a check, or issued a
check in payment of an obligation;
2. Such postdating or issuing a check was done
when the offender had no funds in the bank,
or his funds deposited therein were not
sufficient to cover the amount of the check.
NOTES:
• Check must be genuine, and not falsified.
(a) If falsified with the use of fictitious name
and pretending that it could be cashed, it
is estafa by false pretense.
(b) If the falsified check was cashed in the
bank, the crime is estafa through
falsification of commercial document.
• The check must be postdated or for an
obligation contracted at the time of the
issuance and delivery of the check, and
NOT for pre-existing obligation.
• This provision does NOT apply:
(a) When postdated checks are issued and
intended by the parties only as
promissory notes; or
(b) When check is issued by a guarantor.
• The payee or the person receiving the check
must be prejudiced or damaged.
229
• The accused must be able to obtain
something from the offended party by means
of the check he issues and delivers.
Exception: When the check issued is NOT
“in payment of an obligation.”
• The mere fact that the drawer had insufficient
or no funds in the bank to cover the check at
the time he postdated or issued a check is
sufficient to make him liable for estafa.
• R.A. 4885 (An Act to Amend Sec. 2(d),
Article 315, RPC) deleted the phrase “the
offender knowing at the time he had no funds
in the bank.”
HENCE: The failure of the drawer to deposit
the amount needed to cover his check within
three (3) days from receipt of notice of
dishonor of check for lack or insufficiency of
funds shall be prima facie evidence of deceit.
• Good faith is a defense in a charge of
estafa by postdating or issuing a check.
• Stopping payment of check, if without valid
reason, is considered as just a pretext by the
accused. Hence, estafa subsists.
• P.D. 818 (Amending Article 315, RPC by
Increasing the Penalties for Estafa
Committed by means of Bouncing Checks)
applies ONLY to estafa under par. 2(d),
Article 315, and does NOT apply to other
forms of estafa (People vs. Villaraza; 81
SCRA 950).
HENCE: The penalty prescribed in P.D. 818,
NOT the penalty provided for in Article 315,
should be imposed when the estafa is
covered by par. 2(d), Article 315.
• Payment SUBSEQUENT to the commission
of estafa does NOT extinguish criminal
liability or reduce the penalty.
• The crime of estafa is not obliterated by
acceptance of promissory note.
• A private person who procures a loan by
means of deceit through a falsified public
document of mortgage, but paid the loan
within the period agreed upon, is NOT guilty
of estafa but only falsification of a public
document.
• Estafa by issuing a bad check is a
continuing crime.
NOTE: See discussion in the SPL section on the
Bouncing Checks Law (B.P. 22).
ESTAFA THROUGH OTHER
FRAUDULENT MEANS
Paragraph 3(a): Inducing another, through
deceit, to sign any document
ELEMENTS:
1. Offender induced the offended party to
sign a document.
2. Deceit is employed to make him sign the
document.
3. Offended party personally signed the
document.
4. Prejudice is caused.
NOTES:
• Offender must induce the offended party to
sign the document.
If offended party is willing from the start to
sign the document, because the contents are
different from those which the offended told
the accused to state in the document, the
crime is falsification.
• There can be no conviction for estafa in the
absence of proof that defendant made
statements tending to mislead complainant.
Paragraph 3(b):
Resorting to some fraudulent practice to
ensure success in a gambling game
Paragraph 3(c):
Removing, concealing or destroying any
court record, office files, document or any
other papers
ELEMENTS:
1. There is any court record, office files,
documents or any other papers;
2. Offender removed, concealed or destroyed
any of them; and
3. Offender had intent to defraud another.
230
 NOTE: There must be actual damage, not
NOTES: merely intent to cause damage, in view of the
• If there is no malicious intent to defraud, the basis of the penalty which is the “value of the
destruction of court record is malicious damage caused,” as provided in the provision.
mischief.
Paragraph 1:
• Elements of deceit and abuse of confidence Conveying, selling, encumbering, or
may co-exist in this estafa. mortgaging any real property, pretending to
be the owner of the same
• If there is neither deceit nor abuse of
confidence, it is NOT estafa, even if there is ELEMENTS:
damage. There is only civil liability. 1. The thing is an immovable, such as a parcel
of land or a building.
ESTAFA BY FALSIFICATION 2. Offender who is NOT the owner of said
INDUCING ANOTHER property should represent that he is the
TO SIGN ANY owner thereof.
DOCUMENT 3. Offender should have executed an act of
It involves The offended party ownership (e.g., selling, encumbering or
misrepresentations as was willing and ready mortgaging the real property).
to the character of the from the beginning to 4. The act was made to the prejudice of the
documents executed. sign the document in owner or a third person.
the belief it contained
statements made by NOTES:
him, but the offender, • The thing disposed of must be real property.
in preparing the If it is a chattel, crime is estafa.
document, attributed
statements different • Even if the deceit is practiced against the
from those made by second purchaser but damage is incurred
the offended party. by the first purchaser, there is violation of
paragraph 1, Article 316.
ESTAFA BY MALICIOUS
Paragraph 2:
DESTROYING MISCHIEF
Disposing of real property as free from
DOCUMENTS
encumbrance, although such encumbrance
There is intent to Intent to defraud is be not recorded
defraud. NOT required.
ELEMENTS:
ESTAFA BY INFIDELITY IN THE 1. The thing disposed of is real property.
REMOVING, CUSTODY OF 2. Offender knew that the real property was
CONCEALING OR DOCUMENTS encumbered, whether the encumbrance is
DESTROYING recorded or not.
DOCUMENTS 3. There must be express representation by
Similar in the manner of committing the offense. the offender that the real property is free
from encumbrance.
Offender is a private Offender is a public
4. The act of disposing of the real property was
person or a public person entrusted with
made to the damage of another.
person not entrusted the documents.
with documents. NOTES:
There is the intent to The intent to defraud is • The act constituting the offense is disposing
defraud. NOT required. of the real property representing that it is free
from encumbrance.
ARTICLE 316:
OTHER FORMS OF SWINDLING
AND DECEITS

231
• If personal property is involved, apply
Article 319 (removal, sale or pledge of
mortgaged property).
• The offended party must have been
deceived (i.e., he would NOT have granted
the loan had he known that the property was
already encumbered).
When the loan had already been granted
when defendant offered the property as
security for the loan, paragraph 2, Article 316
is NOT applicable.
Paragraph 3:
Wrongfully taking by the owner of his
personal property from its lawful possessor
ELEMENTS:
1. Offender is the owner of personal property.
2. Said property is in the lawful possession of
another.
3. Offender wrongfully takes it from its lawful
possessor.
4. Prejudice is thereby caused to the lawful
possessor or third person.
NOTES:
• Wrongful taking does NOT include the use of
violence. If there is violence:
(a) With intent to gain – Robbery; or
(b) Without intent to gain – Grave Coercion.
• If the owner took the personal property from
its lawful possessor without the latter’s
knowledge and later charged him with the
value of the property, the crime is THEFT.
If there is intent to charge the bailee with
its value, it is ROBBERY (U.S. vs. Albao).
Paragraph 4:
Executing any fictitious contract to the
prejudice of another
Example: A person simulates a conveyance of
his property to another to defraud his creditors.
• BUT, if the conveyance is real and not
simulated, the crime is fraudulent insolvency.
Paragraph 5:
Accepting any compensation for services not
rendered or for labor not performed
ELEMENTS:
1. The accused accepted a compensation
given to him for service not rendered;
2. There is malicious failure to return the
compensation wrongfully received (fraud).
NOTES:
• There must be fraud. Otherwise, it will only
be solutio indebiti with civil obligation to
return the wrong payment.
• If the money in payment of a debt was
delivered to a wrong person, paragraph 5,
Article 316 is NOT applicable.
• In case the person who received it later
refused or failed to return it to the owner of
the money, subdivision 1(b), Article 315 is
applicable.
Paragraph 6:
Selling, mortgaging or encumbering real
property or properties with which the
offender guaranteed the fulfillment of his
obligation as surety
ELEMENTS:
1. Offender is a surety in a bond given in a
criminal or civil action.
2. He guaranteed the fulfillment of such
obligation with his real properties.
3. He sells, mortgages, or, in any other
manner encumbers said real property.
4. Such sale, mortgage, or encumbrance is:
(a) Without express authority from court;
(b) Made before cancellation of his bond;
or
(c) Made before being relieved from the
obligation contracted by him.
ARTICLE 317:
SWINDLING A MINOR
ELEMENTS:
1. The offender takes advantage of the
inexperience or emotions or feelings of a
minor.
2. He induces such minor to assume an
obligation, or to give release, or to execute
a transfer of any property right.
3. The consideration is some loan of money,
credit, or other personal property.
4. The transaction is to the detriment of such
minor.
232
NOTES:
• Actual proof of deceit or misrepresentation is
NOT necessary.
• Real property is NOT included because only
money, credit and personal property are
enumerated, and because a minor cannot
convey real property without judicial
authority.
ARTICLE 318:
OTHER DECEITS
PUNISHABLE ACTS:
1. Defrauding or damaging another by any
other deceit not mentioned in the
preceding articles; and
2. Interpreting dreams, by making forecasts,
telling fortunes, by taking advantage of
the credulity of the public in any other
manner, for profit or gain.
NOTES:
• Any other kind of conceivable deceit may
fall under this article.
• Damage to the offended party is required.
• The deceits in this article include false
pretenses and fraudulent acts.
CHAPTER 7:
CHATTEL MORTGAGE
The object of the Chattel Mortgage Law is to give
the necessary sanction to the statute, so that
mortgage debtors may be deterred from violating
its provisions and mortgage creditors may be
protected against loss of inconvenience from
wrongful removal or sale of mortgaged property.
ARTICLE 319:
REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY
PUNISHABLE ACTS:
1. Knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city other
than the one in which it was located at the
time of execution of the mortgage, without
the written consent of the mortgagee or his
executors, administrators or assigns.
ELEMENTS:
1. Personal property is mortgaged under
the Chattel Mortgage Law;
2. Offender knows such mortgage;
3. He removes personal property to any
province or city other than the one in
which it was locate at the time of the
execution of the mortgage;
4. Removal is permanent; and
5. There is no written consent of
mortgagee, executors, administrators, or
assigns to such removal.
NOTES:
• The offender need not be the mortgagor.
It may be “any person.”
• The removal of the mortgaged property
must be coupled with intent to defraud.
• There is no felonious intent if transfer of
personal property is due to change of
residence.
• If the mortgagee opted to file for
collection, not foreclosure, thereby
abandoning the mortgage as basis for
relief, the removal of property to another
province is NOT a violation of par. 1,
Article 319.
• In estafa, the property involved is real
property. In sale of mortgaged property,
it is personal property.
2. Selling or pledging personal property
already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of
the register of deeds of the province where
such property is located.
ELEMENTS:
1. Personal property is pledged under the
Chattel Mortgage Law;
2. The offender, who is the mortgagor,
sells or pledges the same property or
any part thereof; and
3. There is NO consent of mortgagee (a)
written (b) at the back of the mortgage
and (c) noted on the record thereof in the
Office of the Register of Deeds.
NOTES:
233
• Chattel mortgage must be valid and
subsisting. If chattel mortgage does not
contain an affidavit of good faith and is not
registered, it is void and cannot be
prosecuted under this Article 319, RPC.
• Damage is NOT essential.
• If damage accrues, it may give rise to estafa
by means of deceit.
2. Setting fire to one’s own property under
circumstances which expose to danger the
life or property of another.
Penalty: Prision mayor
ARTICLE 320 (as amended by R.A. 7659):
DESTRUCTIVE ARSON

REMOVAL, SALE ESTAFA PERSONS LIABLE:

OR PLEDGE OF 1. Any person who shall burn:
MORTGAGED (a) One (1) or more buildings or edifices,
PROPERTY consequent to one single act of burning,
There is the selling of a mortgaged property. or as a result of simultaneous burnings,
committed on several or different
The property involved The property involved occasions.
is a personal is a real property.
property. (b) Any building of public or private
It is committed by the It is committed by ownership, devoted to the public in
mere failure to obtain selling the real general or where people usually
consent of the property mortgaged gather or congregate for a definite
mortgagee in writing, as free, even though purpose, … regardless of whether the
even if the offender the vendor may have offender had knowledge that there are
should inform the obtained the consent persons in said building or edifice at the
purchaser that the of the mortgagee in time it is set on fire and regardless also
thing sold is writing. of whether the building is actually
mortgaged. inhabited or not.
The purpose is to The purpose is to
protect the mortgagee. protect the first and (c) Any train or locomotive, ship or vessel,
second purchaser. airship or airplane, devoted to
transportation or conveyance, or for
public use, entertainment or leisure.
CHAPTER 8:
ARSON AND OTHER CRIMES (d) Any building, factory, warehouse
INVOLVING DESTRUCTION installation and any appurtenances
thereto, which are devoted to the
NOTE: Articles 320 to 326-B has been repealed service of public utilities.
or amended by P.D. 1613, amending the law on
arson. (e) Any building the burning of which is for
the purpose of concealing or
ARSON destroying evidence of another
It is malicious destruction of property by fire. violation of law, or for the purpose of
concealing bankruptcy or defrauding
KINDS OF ARSON: creditors or to collect from insurance
1. Simple arson (Sec. 1, P.D. 1613); (see Sec. 10, R.A. 7659).
2. Destructive arson (Article 320, as amended
by R.A. No. 7659); and (f) Any arsenal, shipyard, storehouse of
3. Other cases of arson (Sec. 3, P.D. 1613). military powder or fireworks factory,
ordinance, storehouse, archives or
SIMPLE ARSON general museum of the Government.

PUNISHABLE ACTS: (g) Archives or the general museum of the

1. Burning or setting fire to the property of government; and
another;

234
 (h) In an inhabited place, any storehouse
or factory of inflammable or explosive
materials.
2. Two (2) or more persons or by a group of
persons, regardless of whether their
purpose is merely to burn or destroy the
building or the burning merely constitutes an
overt act in the commission or another
violation of law.
NOTE: If as a consequence of the commission of
any of the acts penalized under this Article, death
results, the mandatory penalty of death shall be
imposed. (But death penalty is prohibited).
Penalty: Reclusion perpetua to death
OTHER CASES OF ARSON
The penalty of reclusion temporal to reclusion
perpetua shall be imposed if the property burned
is any of the following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
5. Any rice mill, sugar mill, cane mill or mill
central; and
6. Any railway or bus station, airport, wharf or
warehouse.
NOTES:
• If the property burned is an inhabited house
or dwelling, it is NOT required that the house
be occupied by one or more persons and the
offender knew it when the house was
burned.
• There is NO complex crime of arson with
homicide. If by reason of or on the occasion
of arson death results, the penalty of
reclusion perpetua to death shall be
imposed. Homicide is absorbed.
In cases where both burning and death
occur, in order to determine what crime was
perpetrated it is necessary to ascertain the
main objective of the malefactor.
If the main objective is:
(a) The burning of edifice but death results
by reason or on occasion of the arson –
the crime is arson.
(b) To kill a particular person who may be
in a building or edifice, when the fire is
resorted to as the means to accomplish
such goal – the crime is murder.
(c) To kill a particular person and the fire is
resorted to as a means to cover up the
killing – there are two separate and
distinct crimes (People vs. Malngan;
September 26, 2006).
CONSPIRACY TO COMMIT ARSON
Conspiracy to commit arson is punishable by
prision mayor in its minimum period (Section 7,
P.D. 1613).
Special Aggravating Circumstances in Arson
(Section 4, P.D. 1613):
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned; or
4. If committed by a syndicate (NOTE: The
offense is committed by a syndicate if it is
planned or carried out by a group of three (3)
or more persons).
THREE STAGES OF ARSON
• Arson admits of three stages.
• When there is fire, the crime committed is
either frustrated or consummated arson,
never attempted.
Attempted Arson: A person, intending to
burn a wooden structure, collects some rags,
soaks them in gasoline and places them
beside the wooden wall of the building. When
he about to light a match to set fire to the
rags, he is discovered by another who
chases him away.
NOTE: In attempted arson, it is not
necessary that there be a fire.
Frustrated Arson: That person is able to
light or set fire to the rags, but the fire was
put out before any part of the building was
burned.
Consummated Arson: Before the fire was
put out, it had burned a part of the building.
235
Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than
one part of the building or establishment;
2. If substantial amount of flammable
substances or materials are stored within the
building note necessary in the business of
the offender nor for household us;
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises
of the burned building or property;
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy.
5. If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises
owned or under the control of the offender
and/or insured;
6. If shortly before the fire, a substantial portion
of the effects insured and stored in a building
or property had been withdrawn from the
premises except in the ordinary course of
business; or
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim.
Proof of the crime of arson is complete where the
evidence establishes:
1. The corpus delicti, i.e., a fire because of
criminal agency; and
2. The identity of the defendant as the one
responsible for the crime.
NOTE: In arson, the corpus delicti rule is
satisfied by proof of the bare fact of the fire and
of it having been intentionally caused (Gonzales,
Jr. v. People; February 12, 2007).
CONFISCATION OF THE OBJECT OF ARSON
The building which is the object of arson
including the land on which it is situated shall be
confiscated and escheated to the State,
UNLESS the owner thereof can prove that he
has no participation in nor knowledge of such
arson despite the exercise of due diligence on
his part (Section 8, P.D. 1613).
CHAPTER 9:
MALICIOUS MISCHIEF
ARTICLE 327:
MALICIOUS MISCHIEF
ELEMENTS:
1. The offender deliberately caused damage
to the property of another;
2. Such act does NOT constitute arson or
other crimes involving destruction, and
3. That the act of damaging another’s property
be committed merely for the sake of
damaging it.
NOTE:
• The third element presupposes that the
offender acted due to hate, revenge, or other
evil motive.
• Malicious mischief cannot be committed
through negligence because the act of the
offender must be deliberate.
• If there is no malice in causing damage, the
obligation to pay for the damages is only civil
(Article 2176, NCC).
• If after damaging the property, the offender
removes or makes use of the fruits or the
objects of damage, it is THEFT.
• The property must be personal property.
• Damage means not only loss but also
diminution of what is a man’s own. Thus,
damage to another’s house includes
defacing it (People vs. Asido).
ARTICLE 328
SPECIAL CASES OF MALICIOUS MISCHIEF
QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to or obstructing the
performance of public functions.
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion
among cattle; and
236
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public.
QUALIFIED SEDITION
MALICIOUS MISCHIEF (Article 139)
In both offenses, there is intent to obstruct the
performance of public functions.
The element of public The element of public
and tumultuous uprising and tumultuous
is NOT required. uprising is required.
ARTICLE 329:
OTHER MISCHIEFS
Other mischiefs NOT included in Article 328
are punished based on value of damage caused.
NOTES:
• If the amount involved cannot be estimated,
the penalty of arresto menor of fine not
exceeding P200 is fixed by law.
• When several persons scattered coconut
remnants which contained human excrement
on the stairs and floor of the municipal
building, including its interior, the crime
committed is malicious mischief under
Article 329 (People vs. Dumlao).
ARTICLE 330:
DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION
PUNISHABLE ACT:
Damaging any railway, telegraph or telephone
lines
NOTE: Telegraph or telephone lines should
pertain to railways.
QUALIFYING CIRCUMSTANCE:
The offense is qualified if the damage shall
result in the derailment of cars, collision or
other accident.
When death results:
(a) If there is no intent to kill, the crime is
“damages to means of communication”
with homicide because of the first
paragraph of Article 4 and Article 48.
(b) If there is intent to kill, and damaging the
railways was the means to accomplish the
criminal purpose, the crime is murder.
ARTICLE 331:
DESTROYING OR DAMAGING STATUTES,
PUBLIC MONUMENTS OR PAINTINGS
PUNISHABLE ACTS:
1. Destroying or damaging statutes or any
other useful or ornamental public
monuments; and
2. Destroying or damaging any useful or
ornamental painting of a public nature.
NOTE: The penalty is lower if the thing destroyed
is a public painting, rather than a public
monument
CHAPTER TEN:
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
ARTICLE 332:
PERSON EXEMPT FROM
CRIMINAL LIABILITY
CRIMES INVOLVED:
(a) Theft,
(b) Swindling (estafa), and
(c) Malicious mischief.
PERSONS EXEMPTED:
1. Spouses, ascendants and descendants,
or relatives by affinity on the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
to the possession of another.
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together at the
time of the commission of the crime.
4. Stepfather or stepmother, adopted father
or mother, natural children, common-law
spouse, concubine, and paramour are
included.
NOTES:
• It does NOT apply to strangers participating
in commission of the crime.
• It does NOT apply to robbery or estafa
through falsification.
• There is only civil liability.
237
 TITLE ELEVEN: 1. A woman is married (even if marriage is
CRIMES AGAINST CHASTITY subsequently declared void);
2. She has sexual intercourse with a man not
her husband; and
ARTICLE CRIME 3. As regards the man with whom she has
Chapter 1: Adultery and Concubinage sexual intercourse, he must know her to be
333 Adultery married.
334 Concubinage
PERSONS LIABLE:
Chapter 2: Acts of Lasciviousness 1. The married woman who has sexual
336 Acts of Lasciviousness intercourse with a man not her husband; and
Chapter 3: Seduction, Corruption of Minors 2. The man who, knowing of the marriage of
and White Slave Trade woman, has sexual intercourse with her.
337 Qualified Seduction NOTES:
338 Simple Seduction • Carnal knowledge may be proved by
339 Acts of Lasciviousness with the circumstantial evidence.
Consent of the Offended Party
• Adultery is NOT a continuing offense.
340 Corruption of Minors
341 White Slave Trade A single sexual intercourse consummates
Chapter 4: Abduction the crime of adultery.
342 Forcible Abduction Each sexual intercourse constitutes a
separate crime of adultery even if it involves
343 Consented Abduction the same man.

PRIVATE CRIMES • There is NO crime of frustrated adultery.

These are crimes which cannot be prosecuted
except upon the complaint initiated by the • The offended party must be legally married
offended party. to the offender at the time of the filing of the
complaint. BUT, even if marriage is
The moment the offended party has initiated the subsequently declared void, there is still
criminal complaint, the public prosecutor will take adultery when the adulterous act was
over and continue with the prosecution of the committed BEFORE the marriage is judicially
offender. When the prosecution starts, the crime declared null and void in a final judgment.
already becomes public.
• Acquittal of one of the defendants does NOT
The following are private crimes: operate as a cause of acquittal of the other.
(a) Adultery,
(b) Concubinage, • There is no accomplice in adultery.
(c) Seduction,
(d) Abduction and
• Only the offended spouse may file an
(e) Acts of lasciviousness.
action. BOTH guilty parties, if alive, must be
included in the complaint.
BUT, not all crimes against chastity are private
crimes. Corruption of minors and white slave
EFFECT OF DEATH
trade are public crimes.
(a) Death of the offended party
It will NOT terminate the proceedings. The
CHAPTER ONE: proceedings must continue. The theory that a
ADULTERY AND CONCUBINAGE man’s honor ceases to exist from the
moment that he dies is not acceptable.
ARTICLE 333:
ADULTERY However, if he dies BEFORE the complaint
is filed, the case cannot go on.
ELEMENTS:

238
(b) Death of the paramour
It will NOT bar prosecution against the NOTES:
unfaithful wife, because the requirement that • Concubinage is a continuous crime.
both offenders should be included in the
complaint is absolute only when the two • Only the offended spouse may file an
offenders are alive. action. BOTH guilty parties, if alive, must be
included in the complaint.
(c) Death of offender spouse
• Conjugal dwelling is the home of the
REQUISITES OF PARDON: husband and wife even if the wife happens to
(a) The pardon must come BEFORE the be temporarily absent on any account,
institution of the criminal prosecution.
(b) BOTH the offenders must be pardoned by • Scandal refers to any reprehensible word or
the offended party. deed that offends public conscience,
redounds to the detriment of feelings of
NOTE: The sexual intercourse between the honest persons, and gives occasion to the
offended spouses and the offending spouse neighbor’s spiritual damage or ruin.
subsequent to adulterous conduct is, at best, an
implied pardon of said adulterous conduct • “Cohabit” means “to dwell together” in the
(People vs. Muquerza; 13 C.A. Rep. 1079). manner of husband and wife for some period
of time, as distinguished from occasional,
MITIGATING CIRCUMSTANCES transient interviews for unlawful intercourse.
1. The wife was abandoned without
justification by her spouse; and He who cohabits with a woman not his wife
2. Sheer necessity, as when a woman was left BEFORE the judicial declaration of nullity of
helpless by her husband (although justified the marriage assumes the risk of being
for it was in response to a duty) and in such prosecuted for concubinage (Beltran vs.
great need that she found herself in the People; June 20, 2000).
predicament of committing adultery for the
sake of her children. • Mistress is a woman who is taken by the
accused into the conjugal dwelling as a
ARTICLE 334: concubine.
CONCUBINAGE
QUESTION:
PUNISHABLE ACTS: May a husband be liable for concubinage and
1. Keeping a mistress in the conjugal dwelling. adultery at the same time for the same act of
2. Having sexual intercourse, under illicit intercourse with the wife of another man?
scandalous circumstances, with a woman
who is not his wife. ANSWER:
3. Cohabitating with her in any other place. YES, as when the husband commits
concubinage with a married woman, provided
ELEMENTS: that his wife and the husband of his mistress file
1. Man must be married. separate cases against him.
2. He committed any of the following acts:
(a) Keeping a mistress in the conjugal
dwelling; CHAPTER TWO:
(b) Having sexual intercourse, under ACTS OF LASCIVIOUSNESS
scandalous circumstances, with a
woman who is not his wife; or TWO KINDS:
(c) Cohabitating with her in any other place. 1. Acts of lasciviousness (Article 336); and
3. As regards the woman, she must know him 2. Acts of lasciviousness with the consent of the
to be married. offended party (Article 339).

PERSONS LIABLE: ARTICLE 336:

1. The married man; and ACTS OF LASCIVIOUSNESS
2. The woman who know him to be married.

239
 intercourse. clearly indicate that
ELEMENTS: his purpose was
1. The offender commits any act of to lie with the
lasciviousness or lewdness. offended party.
2. The act of lasciviousness is committed The lascivious acts The lascivious
against a person of either sex. are themselves the acts are but the
3. It is done under any of the following
final objective sought preparatory acts
circumstances: F I D U M A – 12
by the offender. to the commission
(a) By using force or intimidation;
of rape.
(b) When the offended party is deprived of
reason or otherwise unconscious;
Attempted rape is committed when the
(c) By means of fraudulent machination or
“touching” of the vagina by the penis is
grave abuse of authority; or
coupled with the intent to penetrate;
(d) When the offended party is under 12
otherwise, there can only be acts of
years of age or is demented.
lasciviousness (People vs. Collado; March 1,
2001).
NOTES:
• This crime is committed when the act
performed with lewd design was perpetrated • There can be NO attempted or frustrated
under circumstances which would have crime of acts of lasciviousness.
brought about the crime of rape, if sexual
intercourse was effected. • Desistance in the commission of attempted
rape may constitute acts of lasciviousness.
• “Lewd” means obscene, lustful, indecent, or
lecherous. It signifies the form of immorality ARTICLE 339:
which has relation to moral impurity, or that ACTS OF LASCIVIOUSNESS WITH THE
which is carried on a wanton manner. CONSENT OF THE OFFENDED PARTY

• If lewd design cannot be proven, the act ELEMENTS:

would be categorized as unjust vexation.
When the accused merely kissed and
embraced the complainant out of passion or
other motive, touching the girl’s breast as a
mere incident of the embrace, it is unjust
vexation. But when the accused not only
kissed and embraced the complainant, but
fondled her breast with the particular design
to independently derive vicarious pleasure
therefrom, the element of lewd designs exist
(People vs. Panopio, C.A., 48 O.G. 145).
1. The offender (man) commits acts of
lasciviousness or lewdness.
2. Acts are committed upon a woman who is:
(a) Virgin, or
(b) Single, or
(c) Widow of good reputation, or
(d) Over 12 and under 18 years of age, or
(e) Sister or descendant, regardless of her
reputation or age.
3. The offender accomplishes the acts by
abuse of authority, confidence,
relationship or deceit.

• If there is intent to rape, the crime is NOT NOTES:

“acts of lasciviousness” but attempted rape. • Consented acts of lasciviousness may be
committed by the same person and under
ACTS OF ATTEMPTED the same circumstances as those in
LASCIVIOUSNESS RAPE seduction, simple or qualified.
Manner of commission is the same. • Acts of lasciviousness when performed on a
The offended party in both crimes is a child below 18 years of age, exploited in
person of either sex. prostitution or subjected to other sexual
The performance of acts of lascivious abuse, is punished under R.A. 7610.
character is common to both crimes.
There is no intention The acts performed ACTS OF ACTS OF
to have sexual by the offender LASCIVIOUSNESS LASCIVIOUSNESS

240
 WITH THE CONSENT NOTE: Here, it is NOT necessary that the
OF THE OFFENDED offended party is a virgin. Furthermore, if
PARTY the offended party is a descendant or a sister
of the offender, regardless of her age or
The acts are The acts of
reputation, the crime of qualified seduction
committed under lasciviousness are
is committed.
circumstances which, committed under the
had there been carnal circumstance which,
PERSONS LIABLE:
knowledge, would had there been carnal
1. Those who abused their authority:
amount to rape. knowledge, would
(a) Persons in public authority;
amount to either
(b) Guardian;
qualified seduction
(c) Teacher; or
or simple seduction.
(d) Person who, in any capacity, is
The offended party is a The offended party entrusted with the education or
female or a male. could only be a custody of the woman seduced.
female.
2. Those who abused confidence reposed in
CHAPTER THREE: them:
SEDUCTION, CORRUPTION OF MINORS (a) Priest;
AND WHITE SLAVE TRADE (b) House servant; or
(c) Domestic.
ARTICLE 337: 3. Those who abused their relationship:
QUALIFIED SEDUCTION (a) Brother who seduced his sister; or
(b) Ascendant who seduced his
SEDUCTION descendant.
It is committed by enticing a woman to unlawful
sexual intercourse by promise of marriage or NOTES:
other means of persuasion without use of force. • Virginity does NOT mean physical virginity.
It refers to a woman of chaste character or
ACTS OF QUALIFIED SEDUCTION: virtuous woman of good reputation.
1. Seduction of a virgin over 12 years and
under 18 years of age by certain persons, • It is settled that deceit is NOT an element of
such as, a person in authority, priest, house qualified seduction. It is replaced by the
servant, domestic, guardian, teacher, or any abuse of confidence.
person who, in any capacity shall be
entrusted with the education or custody of • The fact that the girl gave consent to the
the woman seduced. sexual intercourse is NOT a defense.
ELEMENTS: VOSA Lack of consent on the part of the girl to the
(a) The offended party (a woman) is a sexual intercourse is NOT an element.
virgin, which is presumed if she is
unmarried and of good reputation.
• Domestic is a person usually living under
(b) The offended party is over 12 and
the same roof, pertaining to the same house.
under 18 years of age.
It includes all those persons residing with the
(c) The offender (man) has sexual
family and who are members of the same
intercourse with the offended party.
household, regardless of the fact that their
(d) There is abuse of authority,
residence may only be temporary or that they
confidence, or relationship on the part
may be paying for their board and lodging.
of the offender.
Domestic is distinct from house servant.
2. Seduction of a sister by her brother, or
descendant by her ascendant, regardless of
• Relationship must be by consanguinity and
her age or reputation.
need not be legitimate.

241
• It is only when the complaint for rape • Any person who shall promote or facilitate
contains allegations for qualified seduction the prostitution or corruption of persons
that the accused may be convicted of the underage to satisfy the lust of another shall
latter in case the prosecution fails to prove be punished by prision mayor; and
the elements of rape (People vs. Antido; 278 • If the culprit is a public officer or employee,
SCRA 425). including those in GOCCs, he shall also
suffer the penalty of temporary absolute
ARTICLE 338: disqualification.
SIMPLE SEDUCTION
NOTE: Children, whether male or female, who
ELEMENTS: O – RSW - SD for money, profit or other consideration or due to
1. The offended party is over 12 and under 18 the coercion or influence of any adult syndicate
years of age; or group, indulge in sexual intercourse or
2. The offended party must be of good lascivious conduct are deemed to be children
reputation, single or widow; exploited in prostitution and other sexual
3. Offender has sexual intercourse with her. abuse (Sec. 5, R.A. 7610).
4. It is committed by means of deceit.
NOTES:
NOTE: • A single act of promoting or facilitating the
• Virginity of the victim is NOT required. corruption or prostitution of minor is sufficient
• The purpose of the statute is not to punish to constitute violation.
illicit intercourse, but to punish the seducer
who by means of a promise of marriage • It is NOT necessary that the unchaste acts
destroys the chastity of an unmarried female are consummated. Mere proposal is
of previous chaste character, and who thus sufficient.
draws her aside from the path of virtue.
ARTICLE 341:
• To constitute as seduction, there must be WHITE SLAVE TRADE
some deceitful promise or inducement.
The woman should have yielded because of PUNISHABLE ACTS:
this promise or inducement (People vs. 1. Engaging in the business of prostitution;
Pascua; July 14, 2009). 2. Profiting from prostitution; and
3. Enlisting the service of women for the
A promise of marriage made after the sexual purpose of prostitution.
intercourse had taken place, or after the
woman had yielded her body to the man’s CORRUPTION OF WHITE SLAVE
illicit embraces, cannot be held to have MINORS TRADE
induced the woman to surrender her virtue.
It is essential that Minority need not be
victims are minors. established.
• The offended girl must be over 12 and under
18 years of age. If she is under 12 years of The victims are of Victims are females.
age, the crime is statutory rape, even if the either sex.
offender succeeds in having sexual It may not necessarily Generally for profit
intercourse with her through deceit. be for profit.
It is committed by a It is generally,
ARTICLE 340: single act. committed habitually.
CORRUPTION OF MINORS, as amended by
Batas Pambansa Blg. 92
CHAPTER FOUR:
ABDUCTION
It is the act of promoting or facilitating the
prostitution or corruption of persons
underage to satisfy the lust of another ABDUCTION
It is the taking away of a woman from her house
PERSONS LIABLE: or the place where she may be for the purpose of

242
carrying her to another place with the intent to
marry or to corrupt her.
TWO KINDS:
1. Forcible Abduction (Article 342); and
2. Consented Abduction (Article 343).
ARTICLE 342:
FORCIBLE ABDUCTION
ELEMENTS:
1. The person abducted is any woman,
regardless of her age, civil status or
reputation.
2. The abduction is against her will.
3. The abduction is with lewd designs.
NATURE OF THE CRIME:
The act of the offender is violative of the
individual liberty of the abducted, her honor and
reputation, and of public order (U.S. vs. De Vivar;
29 Phil. 458).
NOTES:
• When there is deprivation of liberty and no
lewd designs, it is kidnapping and serious
illegal detention.
• When there is no lewd design and no
deprivation of liberty for an appreciable
length of time, the crime is coercion.
• Sexual intercourse is NOT necessary. The
intent to seduce a girl is sufficient.
• Attempted rape is absorbed by forcible
abduction since the attempted rape
constitutes the element of lewd design of the
forcible abduction.
• Rape may absorb forcible abduction if the
main objective was to rape the victim.
Where complainant was forcibly taken away
for the purpose of sexually assaulting her,
then the rape so committed may absorb the
forcible abduction (People vs. Napud;
September 26, 2001).
If there was abduction but the resistance of
the woman to the alleged rape was not
tenacious, the accused would be guilty only
of abduction (People vs. Lopez).
However, for the crime of kidnapping with
rape, the offender should NOT have taken
the victim with lewd designs; otherwise, it
would be complex crime of forcible
abduction with rape (People vs. Mirandilla;
July 27, 2011).
• Where a minor was abducted by the
accused WITHOUT lewd designs on his
part, but the purpose was lending her to illicit
intercourse with others, the crime is not
abduction but corruption of minors (U.S.
vs. Tagle; 1 Phil. 626).
• Conviction of acts of lasciviousness is NOT a
bar to conviction of forcible abduction.
ARTICLE 343:
CONSENTED ABDUCTION
ELEMENTS: V O Co L
1. The offended party must be a virgin;
2. The offended party must be over 12 and
under 18 years of age;
3. The taking away of the offended party must
be with her consent after solicitation or
cajolery from the offender; and
4. The taking away of the offended party must
be with lewd designs.
NOTES:
• The taking of the victim need not have the
character of permanency. No matter how
short is the taking away, the crime exists
(People v. Ingayo; December 10, 1949).
• The offended party need not be taken from
her house. It is sufficient that the offender is
instrumental in her escape (People v.
Ignacio, October 1941).
• When there was no solicitation or cajolery
and no deceit and the girl voluntarily went
with the man, there is NO crime committed,
even if they had sexual intercourse.
• If the offended party is under 12 years old,
the crime is forcible abduction, even if the
girl agrees to the elopement.
PURPOSE OF THE LAW:
It prescribes punishment for the disgrace to the
girl’s family and the alarm caused therein by the
disappearance of the one who is, by her age and
sex, susceptible to cajolery and deceit.
243
 CHAPTER FIVE:
PROVISIONS RELATIVE TO THE
PRECEDING CHAPTER OF TITLE 11
ARTICLE 344:
PROSECUTION OF CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION
AND ACTS OF LASCIVIOUSNESS
1. Adultery and concubinage must be
prosecuted upon complaint signed by the
offended spouse.
2. Seduction, abduction, or acts of
lasciviousness must be prosecuted upon
complaint signed by (in the order in which
they are named):
(a) Offended party;
(b) Her parents;
(c) Grandparents; or
(d) Legal guardians.
EFFECTS OF MARRIAGE
• GENERAL RULE: Marriage in good faith of
the offender with the offended party
extinguishes the criminal action or remits the
penalty already imposed. This benefits the
co-principals, accomplices and accessories.
EXCEPTION: In case of rape, marriage
extinguishes the criminal action ONLY
against the principal, but NOT as to the co-
principals, accomplices and accessories.
NOTE: This rule does NOT apply to parties
guilty of adultery and concubinage.
IMPORTANT NOTES:
• Rape is now a crime against persons and
thus, it may be prosecuted de officio or upon
complaint of any person.
• The offended party, even if she were a
minor, has the right to institute the
prosecution for the offenses of seduction,
abduction, rape or acts of lasciviousness,
independently of her parents, grandparents
or guardian, UNLESS she is incompetent or
incapable of doing so upon grounds other
than her minority.
• The guardian means legal, not natural
guardian, that is, guardian legally appointed
in accordance with the provision of the law.
EFFECTS OF PARDON
1. In adultery and concubinage, EXPRESS or
IMPLIED pardon of the offenders by the
offended party is a bar to prosecution,
provided that:
(a) Pardon must come BEFORE the
institution of the criminal action; and
(b) BOTH offenders must be pardoned by
the offended party.
2. In seduction, abduction, and acts of
lasciviousness, EXPRESS pardon is a bar
to prosecution, provided that:
(a) Pardon in seduction must come
BEFORE the institution of criminal
action.
NOTES:
• Condonation is NOT pardon in
concubinage or adultery.
• Pardon by the offended party who is a minor
must have the concurrence of parents –
EXCEPT when the offended party has no
parents.
• GENERAL RULE:
Pardon must be granted DIRECTLY by the
offended party.
Parents, grandparents or guardians cannot
validly grant pardon to the offender without
the express pardon of the victim.
EXCEPTIONS:
When the victim is (a) dead or (b)
incapacitated to grant it, her parents,
grandparents or guardian may do so for her
(U.S. v. Luna; 1 Phil. 360).
ARTICLE 345:
CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY
Civil liability of persons guilty of rape,
seduction, or abduction:
1. To indemnify the offended woman;
2. To acknowledge the offspring, unless the
law should prevent him from doing so; and
3. In every case to support the offspring.
Civil liability of persons guilty of adultery and
concubinage:
244
1. To indemnify for damages caused to the • These persons act as accomplices in the
offended spouse. commission of these crimes, but they are
liable as PRINCIPALS.
NOTES:
• There is NO civil liability for acts of • There can be NO accomplices in the crime
lasciviousness. of adultery and concubinage.

• Moral damages may be awarded to the
offended party, and her parents for
seduction, abduction, rape and other
lascivious acts (Article 2219, NCC).
• Only indemnity is possible in adultery and
concubinage since acknowledgement of the
offspring is NOT legally possible.
• In rape by multiple offenders, ALL of them
must support the offspring. No one may be
made to acknowledge the offspring.
• In the crime of slight illegal detention under
Article 268, par. 2, an accomplice is also
punished as a principal.
NOTE: See discussion in the SPL section on –
(a) Anti-Voyeurism Act (R.A. 9995),
(b) Special Protection of Children Act (R.A.
7610, as amended);
(c) Anti-Trafficking Act (R.A. 9208);
(d) Anti-Violence against Women and Their
Children Act (R.A. 9262); and
(e) Anti Sexual Harrassment Law (R.A. 7877).

• The offender in a rape case who is married is

no longer prohibited from acknowledging his
offspring because, since the child is
illegitimate, the Family Code automatically
confers parental authority to the mother.
He can only be sentenced to indemnify
the victim and support his offspring. The
amount and terms of support should be
determined after due notice and hearing.

• Only indemnity is allowed in rape of a

married woman. The defendant cannot be
sentenced to acknowledge and support the
offspring.

ARTICLE 346:
LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS
ENTRUSTED WITH THE CUSTODY OF THE
OFFENDED PARTY

Persons who cooperate as accomplices but

are punished as principals in rape, seduction
abduction, etc.:
1. Ascendants;
2. Guardians;
3. Curators;
4. Teachers; and
5. Any other person, who cooperates as
accomplice with the abuse of authority or
confidential relationship.

NOTES:

245
 TITLE TWELVE: on the day of the supposed delivery,
CRIMES AGAINST THE takes the child of another as her own.
CIVIL STATUS OF PERSONS
• The fact that the child will be benefited
by the simulation of birth is NOT a
ARTICLE CRIME defense since it creates a false status to
Chapter 1: Simulation of Births and the detriment of members of family to
Usurpation of Civil Status which the child is introduced.
347 Simulation of births, substitution of
one child for another and • The woman who simulates birth and the
concealment or abandonment of a one who furnishes the child are both
legitimate child responsible as principals.
348 Usurpation of civil status
SUBSTITUTION OF CHILD
Chapter 2: Illegal Marriages • The substitution may be effected by placing a
349 Bigamy live child of a woman in place of a dead one
350 Marriage contracted against of another woman.
provisions of laws
CONCEALING OR ABANDONING ANY
351 Premature marriages LEGITIMATE CHILD
352 Performance of illegal • ELEMENTS:
marriage ceremony 1. The child must be legitimate, fully
developed and a living being;
CHAPTER ONE: 2. The offender conceals or abandons
SIMULATION OF BIRTHS AND such child; and
3. The offender has the intent to cause
USURPATION OF CIVIL STATUS
such child to lose its civil status.

ARTICLE 347:
SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND
CONCEALMENT OR BANDONMENT OF A
LEGITIMATE CHILD
PUNISHABLE ACTS:
1. Simulation of births;
2. Substitution of one child for another; and
3. Concealing or abandoning any legitimate
child with intent to cause such child to lose
its civil status.
SIMULATION OF BIRTH
• ELEMENTS:
1. The child is baptized or registered in
the Registry as the offender’s.
2. The child loses its real status and
acquires a new one.
3. The offender’s purpose was to cause
the loss of any trace as to the child’s true
filiation.
NOTES:
• It is a crime that must alter the
person’s civil status. Simulation of birth
takes place when the woman pretends to
be pregnant when in fact she is not, and
NOTE: The father who sells his child is NOT
liable under this article since there is no
abandonment.
NOTE: A physician or surgeon or public
officer, who cooperates in the execution of any
of these crimes, is also liable, if he acts in
violation of the duties of his profession or office
(Article 347, par. 3).
ARTICLE 348:
USURPATION OF CIVIL STATUS
This crime is committed when a person
represents himself to be another and
assumes the filiation or the parental or
conjugal rights of such another person.
NOTES:
• The purpose of defrauding the offended
party or his heirs qualifies the crime.
• This includes usurpation of profession.
• It is absolutely necessary that there is intent
to enjoy the rights arising from the civil
status of the person impersonated.
CHAPTER TWO:

246
 ILLEGAL MARRIAGES
• The accused may be liable for bigamy
although the second marriage is annulled on
ARTICLE 349:
the ground of psychological incapacity
BIGAMY
(Tenebro vs. CA; February 18, 2004).
ELEMENTS:
• An action for annulment of the second
1. The offender has been legally married;
marriage on the ground that the same was
2. The marriage has not been legally
entered into through force, duress and
dissolved or, in case his or her spouse is
intimidation is a prejudicial question that will
absent, the absent spouse has not yet been
operate to suspend the proceeding for
presumed dead according to Civil Code;
bigamy (Zapanta v. Montesa; Feb. 28, 1962).
3. He contracts a second or subsequent
marriage; and
• There is no prejudicial question where the
4. The second or subsequent marriage has
petition is for declaration of nullity of the first
all the essential requisites for validity.
and second marriage so long as the second
marriage was contracted BEFORE a judicial
NOTES:
declaration of nullity or of presumptive death
• Bigamy is a public offense and is not a
in an appropriate proceeding (Abunado vs.
private crime. Hence, it can be prosecuted
People; March 30, 2004).
even without the initiative of the offended
party. Any person can institute the complaint.
• The fact that the first marriage is void ab
initio is NOT a defense in bigamy. There is a
• Bigamy is malum in se. Hence, good faith
need for judicial declaration of absolute
and lack of criminal intent are allowed as a
nullity of the first marriage.
complete defense (Morigo vs. People;
February 6, 2004). Honest mistake of fact
The absolute nullity of a previous marriage
is a defense in bigamy, but not mistake of
may be invoked for purposes of remarriage
law (Diego vs. Castillo; August 11, 2004).
on the basis solely of a final judgment
declaring such previous marriage void
• The death of the first spouse during the
(Article 40, Family Code).
pendency of the bigamy case does NOT
extinguish the crime because when the It is not for the spouses but the court to judge
accused married the second spouse, the first
whether a marriage is void or not.
marriage was still subsisting (People vs.
Reyes, 52 O.G. 1525).
Illustrative Cases where there is no need
for declaration of nullity of marriage:
• A petition for declaration of nullity of the first
marriage is NOT a prejudicial question that
(1) The mere private act of signing a
will operate to suspend the criminal action for
marriage contract bears no semblance to a
bigamy (Mercado vs. Tan; August 1, 2000).
valid marriage and thus, needs no judicial
declaration of nullity. Such act alone, without
• The second marriage must bear all the
more, cannot be deemed to constitute an
elements of a valid marriage except for the
ostensibly valid marriage for which petitioner
existence of a prior valid marriage (Go-
might be held liable for bigamy unless he first
Bangayan vs. Bangayan; July 3, 2013).
secures a judicial declaration of nullity before
he contracts a subsequent marriage (Morigo
• A second marriage contracted while the first vs. People; February 6, 2004).
marriage is not yet dissolved is illegal and
void. Its nullity is not a defense in bigamy (2) Accused contracted a second marriage
(People vs. Aragon; February 17, 1954). during the subsistence of his first marriage.
After the death of his first wife, accused
• A petition for declaration of nullity of the contracted a third marriage during the
second marriage is not a prejudicial question subsistence of the second marriage. The
that will suspend the prosecution for bigamy second wife initiated a complaint for bigamy.
(Te vs. CA; November 29, 2009).

247
 The Court acquitted accused on the ground (a) The requirements of the law are not
that the second marriage is void, having complied with; or
been contracted during the existence of the (b) The marriage was in disregard of a
first marriage. There is no need for a judicial legal impediment.
declaration that said second marriage is void.
Since the second marriage is void, and the QUALIFYING CIRCUMSTANCES:
first one terminated by the death of his wife, Consent is obtained by means of violence,
there are no two subsisting valid marriages. intimidation or fraud.
Hence, there can be no bigamy (See cases:
People vs. Mendoza (1954) and People vs. ARTICLE 351:
Aragon (1957)). PREMATURE MARRIAGES

• Similarly, there must also be a summary
proceeding to declare the absent spouse
presumptively dead for purpose of
remarriage.
• The accused who procures a foreign divorce
and remarries in the Philippines, in the belief
that the foreign divorce was valid, is liable for
bigamy (People vs. Schneckenburger;
November 10, 1941).
• The provision for bigamy does NOT apply to
persons married under the Muslim Code.
• One convicted of bigamy may be prosecuted
for concubinage as both are distinct
offenses. However, the second spouse is not
necessarily liable for bigamy.
• One who falsely vouches for the capacity
of either of the contracting parties knowing
that one of the parties is already married is
an ACCOMPLICE.
• Failure to exercise due diligence to ascertain
the whereabouts of the first wife/husband,
remarriage may result to bigamy through
reckless imprudence.
NOTE: Premature marriage has already been
decriminalized by R.A. 10655.
Without prejudice to the provisions of the Family
Code on paternity and filiation, Article 351, RPC
punishing the crime of premature marriage
committed by a woman, is hereby repealed.
(Section 1, R.A. 10655).
ARTICLE 352:
PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
PERSONS LIABLE:
Any priests or ministers of any religious
denomination or sect, or civil authorities who
shall perform or authorize any illegal marriage
ceremony shall be punished under the
provisions of the Family Code.
NOTE: The offender must be authorized to
solemnize marriages; otherwise, he is liable
under Article 177 (usurpation of authority or
official functions).

Causes which may produce the legal

dissolution of the first marriage:
(a) Death of one of the contracting parties;
(b) Judicial declaration of absolute nullity of the
void marriage; and
(c) Judicial decree annulling voidable marriage.

ARTICLE 350:
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS

ELEMENTS:
1. The offender contracted marriage.
2. He knew at the time that:

248
 TITLE THIRTEEN:
CRIMES AGAINST HONOR NOTE: Libel may both be a public or private
crime.
Rationale: Every man has a right to build, keep,
To be held liable for Article 353, the following
and be favored with a good name (Manaloto vs.
elements must be shown to exist: A P I M
Veloso; October 6, 2010).
1. The allegation of a discreditable act or
condition concerning another;
ARTICLE CRIME 2. Publication of the charge;
Chapter 1: Libel 3. Identity of the person defamed; and
353 Libel 4. Existence of malice.
355 Libel by means of writing
DEFAMATORY IMPUTATIONS
or similar means
• Any imputation will be sufficient if it tends to
356 Threatening to publish and offer to cause dishonor, discredit, or contempt of a
prevent such publication for a natural or juridical person or to blacken the
compensation memory of one who is dead.
358 Slander
359 Slander by Deed • Insulting words are NOT actionable as libel
or slander per se. Mere words of general
Chapter 2: Incriminatory Machinations abuse however opprobrious, ill-natured, or
363 Incriminating innocent person vexatious, whether written or spoken, do not
364 Intriguing against honor constitute as basis for an action for
defamation in the absence of an allegation
for special damages. The fact that the
CHAPTER ONE: language is offensive to the plaintiff does not
LIBEL make it actionable by itself (Binay vs.
Secretary of Justice; September 8, 2006).
ARTICLE 353:
DEFINITION OF LIBEL • Defamatory remarks directed at a group of
persons are NOT actionable unless the
LIBEL statements are all embracing or sufficiently
It is a public and malicious imputation of a crime, specific for each victim to be identifiable.
or of a vice or defect, real or imaginary, or any
act, omission, condition, status or circumstance Criteria in determining whether statements
tending to cause the dishonor, discredit, or are defamatory:
contempt of a natural or juridical person, or to 1. To determine whether a statement is
blacken the memory of one who is dead. defamatory, the words used are to be
construed in their entirety and should be
DEFAMATION taken in their plain, natural and ordinary
It includes libel or slander. It is the offense of meaning as they would naturally be
injuring a person’s character, fame or reputation understood by persons reading them,
through false and malicious statements (MVRS UNLESS it appears that they were used and
Publications, Inc. vs. Islamic Da’wah Council of understood in another sense (Lopez vs.
the Philippines; January 28, 2003). People; February 14, 2011).

ELEMENTS OF LIBEL: I P Mal Dir T 2. A charge is sufficient if the words are

1. There must be an imputation of a crime, or of
a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. Imputation must be made publicly;
3. It must be malicious;
4. It must be directed at a natural or juridical
person, or one who is dead; and
5. It must tend to cause the dishonor, discredit
or contempt of the person defamed.
calculated to induce the hearers to
suppose and understand that the person or
persons against whom they were uttered
were guilty of certain offenses, or are
sufficient to impeach the honesty, virtue or
reputation, or to hold the person or persons
up to public ridicule (Lopez vs. People;
February 14, 2011).

249
3. Words are construed not only as to the
expression used but also with respect to the
whole scope and apparent object of the
writer (People vs. Encarnacion, C.A., 48
O.G. 1817).
PUBLICITY (See Article 354)
IDENTIFIABILITY
• Identification of the offended party is
required. He need NOT be named.
• It is sufficient that a third person can identify
him as the object of defamation (Vasquez vs.
Court of Appeals; September 15, 1999).
MALICE
• It connotes ill-will or spite and speaks not in
response to duty but merely to injure the
reputation of the person defamed
(Yuchengco vs. Manila Chronicles Publishing
Corp.; November 25, 2009).
• KINDS OF MALICE:
1. MALICE IN FACT
It is the positive desire to annoy and
injure (Yuchengco v. Manila Chronicles
Publishing Corp.; November 25, 2009).
NOTES:
• It may be shown by extrinsic
evidence, such as evidence of
rivalry, hatred, grudge, ill-feeling,
spite, ill-will, revenge or desire to
injure the name and reputation of the
offended party (Sazon vs. Court of
Appeals; March 29, 1996).
• Malice in fact must be proved
whenever the defamatory imputation
appears in a qualified privileged
communication.
2. MALICE IN LAW
This is presumed from a libelous or
defamatory imputation.
However, presumption is REBUTTED if it
is shown by the accused that:
(a) Defamatory imputation is true, in
case the law allows proof of the truth
of the imputation;
(b) It is published with good intention;
AND
(c) There is justifiable motive for
making it (Article 354, RPC).
NOTE: Truth is NOT a defense UNLESS
it is shown that the matter charged as
libelous was made with good intentions
and justifiable motives (Alonzo vs. Court
of Appeals; February 1, 1995).
ARTICLE 354:
REQUIREMENT OF PUBLICITY
PUBLICATION
In the law of libel, it means the making of
defamatory matter, after it has been written,
known to someone other than the person to
whom it has been written.
NOTE: Communication of the defamatory matter
to some third person is sufficient.
GENERAL RULE:
Every defamatory imputation is presumed
malicious, even if it be true, if no good intention
and justifiable motive for making it is shown.
NOTE: However, presumption is REBUTTED
if it is shown by the accused that:
(a) Defamatory imputation is true, in case
the law allows proof of the truth of the
imputation;
(b) It is published with good intention; and
(c) There is justifiable motive for making it.
EXCEPTIONS: Malice is NOT presumed in –
1. Private communication made by any
person to another in the performance of
any legal, moral or social duty
REQUISITES:
(a) The person who made the
communication had a legal, moral, or
social duty to make the
communication OR at least, he had an
interest to be upheld;
(b) The communication is addressed to an
officer, or a board, or superior, having
some interest or duty in the matter; and
(c) Statements in the communication are
made in good faith without malice in fact.
NOTE: The defense of privileged
communication will be REJECTED if it is
shown by the prosecution or the plaintiff that:
(a) Defendant acted with malice in fact; or
(b) There is no reasonable ground for
believing the charge to be true.
250
2. Fair and true report of official (d) Engraving
proceedings, made in good faith, without (e) Radio
any comments or remarks (f) Phonograph
(g) Painting
REQUISITES: (h) Theatrical
(a) The publication of a report of an official (i) Cinematographic exhibition
proceeding is a fair and true report of a (j) Any similar means
(1) judicial, legislative or other official
proceedings which are not of confidential NOTE: Defamation through amplifiers is NOT
nature, or (2) of any statement, report or libel, but oral defamation (People v. Santiago).
speech delivered in said proceedings, or
(3) of any other act performed by public ARTICLE 356:
officers in the exercise of their functions; THREATENING TO PUBLISH AND OFFER TO
(b) It is made in good faith; and PREVENT SUCH PUBLICATION
(c) It is without any comments or remarks. FOR A COMPENSATION

NOTES: PUNISHABLE ACTS:

• Kinds of Privileged Communication: 1. Threatening another to publish a libel
(a) Absolute – It is not actionable even if concerning him, or his parents, spouse, child
the actor has acted in bad faith; and or other members of his family.

(b) Conditional/Qualified – These, 2. Offering to prevent the publication of such

although containing defamatory
imputations, are not actionable UNLESS
made with malice or bad faith.
• The freedom of speech by public officers
cannot be invoked if the utterances are false,
malicious or unrelated to a public officer’s
performance of his duties or irrelevant to the
matters of public interest involving public
figures.
• In a judicial proceeding, a defamatory
imputation is said to be a privileged
communication if the matter alleged in the
course of the proceedings should be
legitimately related to the issue or be so
pertinent to the controversy that it may
become the subject of inquiry in the course
of trial.
• DOCTRINE OF FAIR COMMENT
Fair commentaries on matters of public
interest are privileged and constitute a valid
defense in an action for libel or slander.
ARTICLE 355:
LIBEL BY MEANS OF WRITING
OR SIMILAR MEANS
Libel may be committed by means of:
(a) Writing
(b) Printing
(c) Lithography
libel for compensation or money
consideration.
NOTE: This is usually known as
“blackmail,” which is unlawful extortion of
money by threats of accusation or exposure.
Blackmail is possible in the crimes of:
1. Light threats (Article 283); and
2. Threatening to publish or offering to prevent
the publication of, a libel for compensation
(Article 356).
ARTICLE 357:
PROHIBITED PUBLICATION OF ACTS
REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS
This is referred to as “gag law” because while a
report of an official proceeding is allowed, it bars
those who would publish therein facts which this
article prohibits, and punishes any violation
thereof.
ELEMENTS:
1. The offender is any reporter, editor, or
manager of a newspaper, daily or magazine;
2. He publishes facts connected with the
private life of another; and
3. Such facts are offensive to the honor,
virtue and reputation of said person.

251
NOTE: The prohibition to publish applies even if
such publication be made in connection with or
under the pretext that it is necessary in the
narration of any judicial or administrative
proceedings wherein such facts have been
mentioned.
ARTICLE 358:
SLANDER/ORAL DEFAMATION
SLANDER
It is an oral defamation or libel committed by oral
or spoken means – the speaking of base and
defamatory words which tend to prejudice
another in his reputation, office, trade, business
or means of livelihood.
KINDS OF SLANDER:
1. Simple Slander; and
2. Grave Slander, which is of a serious and
insulting nature.
Factors determining the gravity of
slander/oral defamation:
1. Expression used;
2. Personal relations of the accused and the
offended party; and
3. Circumstances surrounding the case; and
4. Social standing or position of the victim.
NOTES:
• Slander need NOT be heard by the offended
party. It is sufficient that another person
heard them.
• Uttering defamatory words in the heat of
anger with some provocation on the part of
the offended party constitute only a light
felony (Villanueva v. People; April 10, 2006).
• If the utterances were made publicly and
were heard by many people and the accused
at the same time pointed his finger at the
complainant, oral defamation is committed.
• “Putang ina mo” is an expression of the
people (used by Filipino’s in a variety of
situations) spoken without intending to
defame, BUT if this expression is used
alongside other remarks that are clearly
defamatory, prosecution can be made on the
basis of those other remarks.
ARTICLE 359:
SLANDER BY DEED
This is a crime against honor which is committed
by performing any act which casts dishonor,
discredit or contempt upon another person.
ELEMENTS: P P C
1. The offender performs an act not included
in any other crime against honor;
2. Such act is performed in the presence of
other persons;
3. Such act casts dishonor, discredit, or
contempt upon the offended party.
KINDS OF SLANDER BY DEED:
1. Simple Slander by Deed: Performance of
an act, not use of words.
2. Grave Slander by Deed: Serious and
insulting in nature.
Seriousness of slander by deed depends on:
(a) The social standing of the offended party;
(b) Circumstances surrounding the act; and
(c) The occasion.
NOTES:
• Slander may be simple or grave depending
upon the nature of the deed.
• The most common examples are slapping
someone or spitting on his/her face in front
of the public market, in full view of a crowd,
thus casting dishonor, discredit, and
contempt upon the person of another.
• Pointing a “dirty finger” constitutes slander
by deed, it appearing that the act complained
of was employed “to express anger or
displeasure” at complainant. While it may
have cast dishonor or contempt upon
complainant, said act is not of a serious
nature (Villanueva v. People; April 10, 2006).
Crime Description
Slander by Irritation or annoyance with
Deed attendant publicity and
dishonor or contempt.
Unjust Irritation or annoyance;
Vexation anything that annoys or
irritates without justification.
Acts of Irritation and annoyance with
Lasciviousness use of force or intimidation, or
through deprivation of
252
 reason, or rendering the
offended unconscious; or if
the offended party was under
12 years old, together with
lewd designs.
ARTICLE 360:
PERSONS RESPONSIBLE FOR LIBEL
PERSONS LIABLE FOR LIBEL:
1. The person who publishes exhibits or
causes the publication or exhibition of any
defamation in writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily
newspaper magazine or serial publication.
4. The owner of the printing plant which
publishes a libelous article with his consent
and all other persons who in any way
participate in or have connection with its
publication.
imputed does not constitute a crime provided
it is related to the discharge of his official
duties.
NOTE: The proof of truth of the accusation must
be positive direct evidence upon which a
definite finding may be made by the Court.
ARTICLE 362:
LIBELOUS REMARKS
Libelous remarks or comments, if made with
malice in fact, will NOT exempt the editor or the
managing editor of the newspaper or the author
of the criminal liability.
CHAPTER TWO:
INCRIMINATING MACHINATIONS
ARTICLE 363:
INCRIMINATING INNOCENT PERSON

VENUE OF COMPLAINT FOR LIBEL: This is referred to as “planting evidence”.

Criminal and civil actions for damages in case of
written defamations shall be filed simultaneously ELEMENTS:
or separately with the Regional Trial Court of the 1. The offender performs an act;
province or city where: 2. By such act he directly incriminates or
1. The libelous article is printed and first imputes to an innocent person the
published; OR commission of a crime; and
2. Any of the offended parties actually resides 3. Such act does not constitute perjury.
at the time of the commission of the offense.
NOTE: The crime of incriminating machinations
Where one of the offended parties is a public is limited to planting evidence and the like,
officer – (a) If his office is in the city of Manila, which tend directly to cause false prosecution.
the venue is in RTC Manila; otherwise, with the
RTC of the city/province where he held office at
INCRIMINATING PERJURY BY
the time of the offense, OR (b) The city or
INNOCENT MAKING FALSE
province where the article was first published.
PERSON ACCUSATIONS
Where one of the offended parties is a private It is limited to the act It is the giving of false
individual, the venue is with the RTC of the city of planting evidence statement under oath
or province where he actually resides at the time and the like in order or making a false
of the crime of where the article was first printed. to incriminate an affidavit, imputing to
innocent person the person the
ARTICLE 361: commission of a crime.
PROOF OF TRUTH
INCRIMINATING DEFAMATION
WHEN PROOF OF TRUTH IS ADMISSIBLE: INNOCENT PERSON
1. When the act or omission imputed Offender does not avail Imputation is public
constitutes a crime regardless of whether himself of written or and malicious
the offended party is a private individual or spoken word in calculated to cause
public officer; and besmirching the dishonor, discredit
victim’s reputation. or contempt upon
2. When the offended party is a government the offended party.
employee even if the act or omission

253
 ARTICLE 364: Subsidiary imprisonment may also be imposed if
INTRIGUING AGAINST HONOR the accused is unable to pay.

This article is committed by any person who

shall make any intrigue which has for its
principal purpose to blemish the honor or
reputation of another.

INTRIGUING SLANDER
AGAINST HONOR
The source of the Offender made the
defamatory utterance where the
utterance is source of the
unknown and the defamatory nature of
offender simply the utterance is known,
repeats or passes and the offender
the same without makes a republication
subscribing to the thereof, even though
truth. he repeats the libelous
statement as coming
from another, as long
as source is identified.

INTRIGUING INCRIMINATING AN
AGAINST HONOR INNOCENT PERSON
The offender resorts The offender performs
to gossip for the an act that would
purpose of incriminate or impute to
disparaging the an innocent person the
honor and commission of a crime.
reputation of
another.

RE: GUIDELINES IN THE OBSERVANCE OF A

RULE OF PREFERENCE IN THE IMPOSITION
OF PENALTIES IN LIBEL CASES
(A.C. No. 08-2000)

PREFERENCE ON IMPOSITION OF FINE

Article 355, RPC imposes prision correccional in
its minimum and medium period, or a fine from
P200 to P6000, or both.

All courts and judges are tasked to take note of

the preference of the Supreme Court on
imposition of fines, but imprisonment as an
alternative penalty for the crime libel under
Article 355 may still be imposed.

Judges may exercise their discretion if the

imposition of fine alone would best serve the
interest of justice or if it would depreciate the
seriousness of the offense.

254
 TITLE FOURTEEN: SIMPLE IMPRUDENCE
QUASI-OFFENSES It is the lack of precaution displayed in those
cases in which the damage impending to be
caused is not immediate or danger is not clearly
SOLE CHAPTER: manifest.
CRIMINAL NEGLIGENCE
ELEMENTS OF SIMPLE IMPRUDENCE:
ARTICLE 365: 1. There is lack of precaution on the part of
IMPRUDENCE AND NEGLIGENCE the offender;
2. The damage impending to be caused is
IMPRUDENCE not immediate or the danger is not clearly
It indicates a deficiency of action. manifest.

NEGLIGENCE TEST OF NEGLIGENCE:

It indicates a deficiency of perception.
WAYS OF COMMISSION:
1. Committing through reckless imprudence any
act which, had it been intentional, would
constitute a grave or less grave a felony.
2. Causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence.
3. Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony.
Would a prudent man, in the position of the
person to whom negligence is attributed, foresee
harm to the person injured as a reasonable
consequence of the course about to be pursued?
If so, the law imposes a duty on the actor to
refrain from the course or to take necessary
precaution against its mischievous results.
Failure to do so constitutes negligence.
QUALIFYING CIRCUMSTANCE:
Offender fails to lend help to the injured parties.

RECKLESS IMPRUDENCE
It consists in voluntarily, but without malice, dong
of failing to do an act from which material
damage results by reason of inexcusable lack of
precaution on the part of the person performing
or failing to perform an act, taking into
consideration his employment or occupation,
degree of intelligence, physical condition and
other circumstances regarding persons, time and
place.

ELEMENTS OF RECKLESS IMPRUDENCE:

1. The offender does or fails to do an act;
2. The doing of or the failure to do the act is
voluntary;
3. It be without malice;
4. Material damage results;
5. There is inexcusable lack of precaution on
the part of the person performing or failing to
perform such act taking into consideration:
(a) Employment or occupation;
(b) Degree of intelligence, physical
condition; and
(c) Other circumstances regarding persons,
time and place.

255
SPECIAL PENAL
LAWS

256
257
 SPECIAL PENAL LAWS
PROBATION LAW
(P.D. 968, as amended)
PROBATION
It is a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
• Probationer
It is a person placed on probation
• Probation Officer
It is one who investigates for the court a
referral for probation or supervises a
probationer or both.
NOTE: Probation is NOT an absolute right. It is
a mere privilege whose grant rests upon the
discretion of the trial court. Its grant is subject to
certain terms and conditions that may be
imposed by the trial court. It follows that the trial
court also has the power to order its revocation
in a proper case and under proper
circumstances.
PURPOSES (Section 2):
(a) To promote the correction and rehabilitation
of an offender by providing him with
individualized treatment;
(b) To provide an opportunity for the reformation
of a penitent offender, which might be less
probable if he were to serve a prison
sentence; and
(c) To prevent the commission of offenses.
APPLICATION FOR PROBATION:
It shall be filed with the trial court, with notice to
the appellate court if an appeal has been taken
from the sentence of conviction.
The filing of the application shall be deemed a
waiver of the right to appeal, or the automatic
withdrawal of a pending appeal (Section 4).
CRITERIA (Section 8):
In determining whether an offender may be
placed on probation, the court shall consider all
information relative to the character,
antecedents, environment, mental and physical
condition of the offender, and available
institutional and community resources.
GRANT OF PROBATION (Section 4):
The trial court may, after it shall have convicted
and sentenced a defendant for a probationable
penalty and upon application by said defendant
within the period for perfecting an appeal,
suspend the execution of the sentence and
place the defendant on probation for such period
and upon such terms and conditions as it may
deem best. (Sec. 4, as amended).
RULE:
No application for probation shall be entertained
or granted if the defendant has perfected the
appeal from the judgment of conviction.
EXCEPTION:
When a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed,
and such judgment is modified through the
imposition of a probationable penalty, the
defendant shall be allowed to apply for probation
based on the modified decision BEFORE such
decision becomes final (Sec. 4, as amended by
R.A. 10707).
BUT: The accused shall lose the benefit of
probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
NOTES:
• The application for probation based on the
modified decision shall be filed in the trial
court where the judgment of conviction
imposing a non-probationable penalty was
rendered, or in the trial court where such
case has since been re-raffled.
• In a case involving several defendants
where some have taken further appeal, the
other defendants may apply for probation by
submitting a written application and
attaching thereto a certified true copy of the
judgment of conviction.
• The trial court shall, upon receipt of the
application filed, suspend the execution of
the sentence imposed in the judgment.
ADDITIONAL NOTES:
258
• Probation may be granted whether the (d) Undergo medical,
sentence imposes a term of imprisonment or psychological or
a fine only. psychiatric
examination and
• The filing of the application shall be deemed treatment and enter
a waiver of the right to appeal. and remain in a
specified institution,
• An order granting or denying probation shall when required for that
NOT be appealable. purpose;

• Accessory penalties are deemed suspended (e) Pursue a

once probation is granted. prescribed secular
study or vocational
• The convict is NOT immediately placed on training;
probation. No person shall be placed on
probation except upon prior investigation by (f) Attend or reside in
the probation officer and a determination by a facility established
the court that the ends of justice and the for instruction,
best interest of the public as well as that of recreation or
the defendant will be served thereby residence of persons
(Section 5). on probation;

CONDITIONS OF PROBATION (Section 10): (g) Refrain from

visiting houses of ill-
MANDATORY DISCRETIONARY repute;
Once violated, the These are additional (h) Abstain from
probation is conditions which the drinking intoxicating
cancelled. court may impose for beverages to excess;
the probationer’s
correction and (i) Permit to probation
rehabilitation outside officer or an
prison. The authorized social
enumeration in worker to visit his
Section 10 is NOT home and place or
exclusive. work;
The probationer shall: The court may also
require the (j) Reside at premises
(a) Present himself to probationer to: approved by it and
the probation officer not to change his
designated to (a) Cooperate with a residence without its
undertake his program of prior written approval;
supervision at such supervision; or
place as may be
specified in the order (b) Meet his family (k) Satisfy any other
within seventy-two responsibilities; condition related to
hours from receipt of the rehabilitation of
said order; (c) Devote himself to the defendant and not
a specific unduly restrictive of
(b) Report to the employment and not his liberty or
probation officer at to change said incompatible with his
least once a month at employment without freedom of
such time and place the prior written conscience.
as specified by said approval of the
officer. probation officer; GROUNDS FOR DENIAL OF PROBATION

259
(a) The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution;
(b) There is undue risk that during the period of
probation the offender will commit another
crime; or
(c) Probation will depreciate the seriousness of
the offense committed
DISQUALIFIED OFFENDERS:
1. Those sentenced to serve a maximum term
of imprisonment of more than six (6) years;
2. Those convicted of any crime against the
national security;
3. Those who have previously been convicted
by final judgment of an offense punished by
imprisonment of more than 6 months and 1
day and/or a fine of more than P1,000.00;
4. Those who have been once on probation
under the provisions of this Decree; and
5. Those who are already serving sentence at
the time the substantive provisions of this
Decree became applicable pursuant to
Section 33 hereof (Section 9, as amended
by R.A. 10707);
6. Those who appealed (BUT take note of the
proviso supplied by R.A. 10707) (This does
NOT apply to minor offenders. A child in
conflict with law can apply for probation
anytime);
7. Those convicted of drug trafficking or drug
pushing (Section 24, R.A. 9165); and
8. Those convicted of election offenses under
the Omnibus Election Code.
PERIOD OF PROBATION (Section 14):
(a) For those sentenced to a term of
imprisonment of not more than one year,
period shall not exceed two (2) years, and
(b) In all other cases, said period shall not
exceed six (6) years.
(c) When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment in case of insolvency, the
period of probation shall not be less than nor
to be more than twice the total number of
days of subsidiary imprisonment as
computed at the rate established, in Article
39, RPC.
ARREST OF PROBATIONER (Section 15):
At any time during probation, the court may
issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation.
The probationer, once arrested and detained,
shall immediately be brought before the court for
a hearing, which may be informal and summary,
of the violation charged.
The defendant may be admitted to bail pending
such hearing.
If the violation is established, the court may
revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall
order the probationer to serve the sentence
originally imposed. An order revoking the grant
of probation or modifying the terms and
conditions thereof shall not be appealable.
TERMINATION OF PROBATION (Sec. 16):
After the period of probation and upon
consideration of the report and recommendation
of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
totally extinguish his criminal liability as to the
offense for which probation was granted.
The probationer and the probation officer shall
each be furnished with a copy of such order.
NOTE: The probation is NOT coterminous with
its period. There must be an order issued by the
court discharging the probationer.
PROBATION LAW IS LAW
As to the sentence of the offender
Sentence must not be Sentence must be
more than 6 years. more than one year.
As to penalty imposed
Probation may be It is applicable if
granted whether the penalty is
sentence imposes a imprisonment only.
term of imprisonment
or a fine.
As to effect on the penalty
Sentence is Minimum of the term is
suspended. to be served.
As to the effect of violation of terms
Entire sentence shall The unexpired portion
260
be served. is to be served.
As to the effect of appeal by offender
Appeal forecloses the Appeal has no effect
right to probation. on the operation of
ISLaw.

261
 INDETERMINATE SENTENCE LAW
(Act No. 4103)
The Indeterminate Sentence Law (ISLaw)
applies to both violations of the Revised Penal
Code and special laws, and is based on the
penalty actually imposed.
This is applied only when the penalty served is
imprisonment. If not by imprisonment, ISLaw
does NOT apply.
PURPOSE
This is to uplift and redeem valuable human
material, and prevent unnecessary and
excessive deprivation of personal liberty and
economic usefulness (People vs. Ducosin;
December 14, 1933).
APPLICATION
NOTE: Indeterminate sentence is mandatory
where imprisonment would exceed one year.
1. When the crime is punished by the RPC,
the ISLaw will be applied as follows:
(a) The maximum term is that which could
be properly imposed under the RPC,
considering the aggravating and
mitigating circumstances
NOTE: The maximum term of the
indeterminate penalty is determined in
any case punishable under RPC in
accordance with RPC rules and
provisions exactly as if ISLaw has never
been enacted.
(b) The minimum term is within the range of
the penalty one degree lower than that
prescribed by the RPC, without
considering the circumstances.
(c) When there is a privileged circumstance
so that the penalty has to be lowered by
one degree, the starting point for
determining the minimum term of the
indeterminate penalty is the penalty next
lower than that prescribed by the RPC
for the offense.
2. When the crime is punished by a special
law, this is how ISLaw will apply:
(a) The maximum term must not exceed the
maximum term fixed by said law.
(b) The minimum term must not be less
than the minimum term prescribed by
the same.
NOTE: For special laws, it is anything within
the inclusive range of the prescribed
penalty. Courts are given discretion in the
imposition of the indeterminate penalty. The
aggravating and mitigating circumstances
are not considered unless the special law
adopts the same terminology for penalties
as those used in the RPC (such as reclusion
perpetua and the like).
COVERAGE
IS Law shall NOT apply to following persons:
1. Those convicted of offenses punished with
death penalty or life imprisonment;
2. Those convicted of treason, conspiracy or
proposal to commit treason;
3. Those convicted of misprision of treason,
rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Habitual delinquents;
6. Those who escaped from confinement or
evaded sentence;
7. Those who violated the terms of conditional
pardon to them by the Chief Executive;
8. Those whose maximum term of
imprisonment does not exceed one year;
9. Those who, upon the approval of the law,
have been sentenced by final judgment; and
10. Those sentenced with the penalty of
destierro or suspension only (Section 2).
NOTE: A recidivist may be given the benefit of
the law (People vs. Yu Lian; 40 O.G. 4205).
PAROLE
Parole consists in the suspension of the
sentence of a convict after serving the minimum
term of indeterminate penalty, without granting a
pardon, prescribing the terms upon which the
sentence shall be suspended.
NOTE: Conviction is not necessary to revoke
parole. The mere commission, not conviction by
the court, of any crime is sufficient to warrant the
parolee’s arrest.
RELEASE OF PRISONER ON PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
262
have served the minimum penalty imposed on
him, provided that:
(a) Such prisoner is fitted by his training for
release;
(b) There is reasonable probability that he will
live and remain at liberty without violating
the law; and
(c) Such release will not be incompatible with
the welfare of society(Section 5).

NOTE: It shall be the duty of the Board of

Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who
shall be eligible to parole and to determine the
proper time of release of such prisoners (Section
5).

NOTE: Even if the prisoner has already served

the minimum penalty, but he is not fitted for
release on parole, he shall continue to serve
until the end of the maximum term.

FINAL RELEASE AND DISCHARGE

The Board may issue a final certification in the
paroled prisoner’s favor for his final release and
discharge where during the period of
surveillance such paroled prisoner shall (a)
show himself to be a law-abiding citizen; and (b)
not violate any law (Section 6).

SANCTION FOR VIOLATION OF THE

CONDITIONS OF PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole, the Board may issue
an order for his arrest, and thereafter, the
prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison (Section 8).

263
 OBSTRUCTION OF JUSTICE LAW
(Presidential Decree No. 1829)
NOTE: This law penalizes obstruction of
apprehension and prosecution of criminal
offenders.
PURPOSE OF THE LAW
It is to discourage public indifference or apathy
towards the apprehension and prosecution of
criminal offenders.
PUNISHABLE ACTS
The law penalizes any person who knowingly or
willfully obstructs, impedes, frustrates or delays
the apprehension of suspects and the
investigation and prosecution of criminal cases
by committing any of the following acts:
1. Preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force
or threats;
2. Altering, destroying, suppressing or
concealing any paper, record, document, or
object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any investigation
of or official proceedings in, criminal cases,
or to be used in the investigation of, or
official proceedings in, criminal cases;
3. Harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest
prosecution and conviction;
4. Publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
5. Delaying the prosecution of criminal cases
by obstructing the service of process or
court orders or disturbing proceedings in the
fiscal's offices, in tanodbayan, or in the
courts;
6. Making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of, or
official proceedings in, criminal cases;
7. Soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discounting, or impeding the
prosecution of a criminal offender;
8. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his family
in order to prevent such person from
appearing in the investigation of, or official
proceedings in, criminal cases, or imposing
a condition, whether lawful or unlawful, in
order to prevent a person from appearing in
the investigation of or in official proceedings
in, criminal cases;
9. Giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
PENALTIES
The penalty of prision correccional in its
maximum period, or a fine ranging from P1,000
to P6,000, or both is imposed.
NOTE: If any of the acts mentioned herein is
penalized by any other law with a higher penalty,
the higher penalty shall be imposed.
ADDITIONAL NOTES:
• Obstruction of justice may be committed by
any person whether a public officer or a
private citizen, and accordingly public office
is NOT an essential element of the offense.
(Soller vs. Sandiganbayan; May 9, 2001).
• There is no obstruction of justice where the
arrest prevented is illegal. (Amurao, supra.,
p. 763 citing Posadas vs. Ombudsman;
September 29, 2000).
264
• Failure on the part of the arresting officer to
arrest the person of the accused makes the
latter a fugitive from justice and is not
equivalent to a commission of another
offense of obstruction of justice. (Judge
Adoracion vs. Gaite; November 25, 2009).

• The petitioner is presently charged with

having violated Section 1(c), P.D. 1829. The
petitioner is also now facing charges of
rebellion in conspiracy with the fugitive Col.
Gringo Honasan. Necessarily, being in
conspiracy with Honasan, petitioners alleged
act of harboring or concealing was for no
other purpose but in furtherance of the crime
of rebellion thus constitute a component
thereof. It cannot therefore be made the
basis of a separate charge (Enrile vs. Amin;
September 13, 1990).

P.D. 1829 Article 20, RPC

It penalizes any It is based on ties of
person who knowingly blood and the
or willfully obstructs, preservation of the
impedes, frustrates or cleanliness of one’s
delays the name which compels
apprehension of one to conceal
suspects and the crimes committed by
investigation and relatives so near as
prosecution of those mentioned in
criminal cases. this article.

265
 ANTI-HEINOUS CRIMES LAW
(Republic Act No. 7659)
HEINOUS CRIMES
These are grievous, odious, and hateful
offenses and which, by reason of their inherent
or manifest wickedness, viciousness, atrocity
and perversity are repugnant and outrageous to
the common standards and norms of decency
and morality in a just, civilized and ordered
society.
Crimes punishable by reclusion perpetua to
death:
1. Treason (Article 114, RPC);
2. Qualified piracy (Article 123, RPC);
3. Qualified bribery (Article 211-A, RPC);
4. Parricide (Article 246, RPC);
5. Murder (Article 248, RPC);
6. Infanticide (Article 255, RPC);
EXCEPT:
(a) If committed by the mother of the child
for the purpose of concealing her
dishonor – penalty is prision mayor in its
medium and maximum periods.
(b) If committed for the same purpose by
the maternal grandparents or either of
them – penalty is reclusion temporal.
7. Kidnapping and serious illegal detention
(Article 267, RPC);
8. Robbery with violence against or intimidation
of persons (Article 294, RPC);
9. Destructive arson (Article 320, RPC);
10. Rape (Article 266-A, RPC);
11. Plunder (Sec. 2, R.A. 7080);
12. Sections 4, 5, 6, 8, 11, 16, 19, 27, and 29 of
Comprehensive Dangerous Drugs Act;
13. Carnapping, where the owner, driver or
occupant is killed or raped in the course of
the commission of the carnapping or in the
occasion thereof (Sec. 14, R.A. 6539).
PLEA BARGAINING NOT AVAILABLE
Any person charged under any provision of this
Act where the imposable penalty is reclusion
perpetua to death shall NOT be allowed to avail
of the provision on plea bargaining.
IMPOSITION OF DEATH PENALTY
The death penalty shall be imposed in all cases
in which it must be imposed under existing laws.
EXCEPTIONS:
(a) When the guilty person is below 18 years of
age at the time of the commission of the
crime, or is more than 70 years of age;
(b) When upon appeal or automatic review of
the case by the Supreme Court, the required
majority vote is not obtained for the
imposition of the death penalty, in which
cases the penalty shall be reclusion
perpetua; and
(c) When the trial court imposes the death
penalty, the case goes to the Supreme
Court en banc for automatic review and
judgment.
AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES
(Republic Act No. 9346)
Basis: This is for justice because the State has
an existence of its own to maintain, a
conscience to assert and moral principles to be
vindicated. Penal justice rests primarily on the
moral rightfulness of the punishment imposed.
(Gregorio, Fundamentals of Criminal Law,
Gregorio, 2008 ed., p. 232).
In lieu of the death penalty, the following shall be
imposed:
(a) The penalty of reclusion perpetua when the
law violated makes use of the nomenclature
of the penalties of the Revised Penal Code;
(b) The penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the RPC.
(Sec. 2, R.A. 9346).
NOTE: Persons convicted of offenses punished
with reclusion perpetua or whose sentences will
be reduced to reclusion perpetua by reason of
R.A. 9346 shall NOT be eligible for parole under
the Indeterminate Sentence Law.
266
 ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY LAW
(Presidential Decree No. 532)
In 1974, P.D. 532 was enacted punishing piracy
committed in internal waters or Philippine
waters, but NOT mutiny.
P.D 532 was superseded by R.A. 7659
punishing piracy as well as mutiny.
PIRACY
PUNISHABLE ACTS:
1. Piracy in Philippine waters;
2. Highway robbery or brigandage; and
3. Aiding or abetting piracy.
PUNISHABLE ACTS OF PIRACY:
1. Any attack upon or seizure of any vessel
2. Taking away of the whole or part thereof or
its cargo, equipment, or the personal
belongings of its complement or
passengers, irrespective of value.
ELEMENTS OF PIRACY:
1. The vessel is in the Philippine waters;
2. The offender is any person, including a
passenger or member of the complement of
said vessel;
3. The offender –
(a) Attacks or seizes any vessel; or
(b) Takes away of the whole or part thereof
or its cargo, equipment, or the personal
belongings of its complement or
passengers, irrespective of the value
thereof
4. The offender commits such acts by means
of violence against or intimidation of persons
or force upon things (Sec. 2(d)).
NOTE:
• Offenders shall be considered as “pirates.”
• Vessel
It means any vessel or watercraft used for
transport of passengers and cargo from one
place to another through Philippine Waters.
It shall include all kinds and types of vessels
or boats used in fishing (Section 2(b), P.D.
532).
• Philippine Waters
They refer to all bodies of water, such as but
not limited to seas, gulfs, bays around,
between and connecting each of the islands
of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and
all other waters belonging to the Philippines
by historic or legal title, including territorial
sea, the sea-bed, the insular shelves, and
other submarine areas over which the
Philippines has sovereignty or jurisdiction
(Section 2(a)).
QUALIFYING CIRCUMSTANCES:
(a) Physical injuries or other crimes are
committed as a result or on the occasion of
piracy.
(b) Rape, murder or homicide is committed as a
result or on occasion of piracy, or
(c) When offenders abandoned the victims
without means of saving themselves, or
(d) When the seizure is accomplished by firing
upon or boarding a vessel.
HIGHWAY ROBBERY/BRIGANDAGE
It is the seizure of any person for ransom,
extortion or other unlawful purposes, or the
taking away of the property of another by means
of violence against or intimidation of person or
force upon things of other unlawful means,
committed by any person on any Philippine
Highway.
PUNISHABLE ACTS OF HIGHWAY ROBBERY
OR BRIGANDAGE:
1. Seizure of any person for ransom, extortion
or other unlawful purpose; or
2. Taking away of the property of another by
means of violence against or intimidation of
persons, or force upon things, or other
unlawful means.
NOTE:
• Philippine Highway
It refers to any road, street, passage,
highway and bridges or other parts thereof,
or railway or railroad within the Philippines
used by persons, or vehicles, or locomotives
or trains for the movement or circulation of
persons or transportation of goods, articles,
or property or both (Section 2(c), P.D. 532).
AIDING OR ABETTING PIRACY
PUNISHABLE ACTS:
1. Knowingly and in any manner aiding or
protecting pirates, such as giving them
267
 information about the movement of police or
other peace officers of the government, or
2. Acquiring or receiving property taken by
such pirates or in any manner derives any
benefit therefrom; or
3. Directly or indirectly abetting the commission
of piracy.

NOTE: They shall be considered as an

accomplice of principal offenders (Sec. 4).

268
 ANTI–HIJACKING LAW NOTE: If it is a cargo plane, it is NOT
(Republic Act No. 6235) covered by R.A. 6235.

PUNISHABLE ACTS: 4. Shipping or loading such substances on a

1. It shall be unlawful for any person to compel cargo aircraft operating as public utility in the
a change in the course or destination of an Philippines in a manner not in accordance
aircraft of Philippine registry, or to seize or with the rules and regulations issued by the
usurp the control thereof, while it is in flight. Air Transportation Office.

NOTE: An aircraft is in flight from the PASSENGER CARGO

moment all its external doors are closed AIRCRAFT AIRCRAFT
following embarkation until any of such The prohibition The law is violated
doors is opened for disembarkation. is absolute. only when the
Mere carrying of transporting of the
RULES AS TO APPLICATION prohibited prohibited substance
AIRCRAFT OF AIRCRAFT OF substance is was not done in
PHILIPPINE FOREIGN criminal. accordance with the
REGISTRY REGISTRY rules and regulations
prescribed by the
It should be in flight at The law does not
ATO in the matter of
the time of the require that it be in
shipment of such
hijacking. Otherwise, flight before the
things.
R.A. 6235 will not anti hijacking law
apply and the crime is can apply. This is
still punished under because aircrafts NOTE: All other acts outside of the four are
the Revised Penal of foreign registry merely qualifying circumstances and would bring
Code. are considered in about higher penalty. Such acts would not
transit while they constitute another crime. So, the killing or
are in foreign explosion will only qualify the penalty to a higher
countries. one.

2. It shall likewise be unlawful for any person to

compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the
control thereof while it is within the said
territory (Section 1).

Qualifying Circumstances for Paragraphs

1 and 2:
(a) Firing upon the pilot, member of the
crew or passenger of the aircraft;
(b) Exploding or attempting to explode any
bomb or explosive to destroy the
aircraft; or
(c) The crime is accompanied by murder,
homicide, serious physical injuries or
rape (Section 2).

3. It shall be unlawful for any person, natural or

juridical, to ship, load or carry in any
passenger aircraft operating as a public
utility within the Philippines any explosive,
flammable, corrosive or poisonous
substance or material (Section 3).

269
 HUMAN SECURITY ACT
(Republic Act No. 9372)
It created the crime known as TERRORISM and
declared it to be “a crime against the Filipino
people, against humanity, and against the law of
nations”.
PUNISHABLE ACTS:
1. TERRORISM
ELEMENTS OF TERRORISM:
(a) Any person who commits an act punishable
under any of the following provisions under:
(1) Revised Penal Code: PRIC M KID
Article 122 Piracy in general and
Mutiny in the high
seas or in the
Philippine waters
Article 134 Rebellion or
Insurrection
Article 134(a) Coup d’etat, including
acts committed by
private persons
Article 248 Murder
Article 267 Kidnapping and
Serious Illegal
Detention
Article 324 Crimes involving
Destruction
OR under
(2) Special Laws:
P.D. 1613 The Law on Arson
R.A. 6969 Toxic Substances and
Hazardous and Nuclear
Waste Control Act
(1990)
R.A. 5207 Atomic Energy
Regulatory and Liability
Act (1968)
R.A. 6235 Anti-Hijacking Law
P.D. 532 Anti-Piracy and Anti-
Highway Robbery Law
(1974)
P.D. 1866 Decree Codifying the
as amended Laws on Illegal and
Unlawful Possession,
Manufacture, Dealing
in, Acquisition or
Disposition of Firearms,
Ammunitions or
Explosives
NOTE: Said felonies under the RPC and
under the aforementioned special laws still
exist. They only become terrorism if they
reach a magnitude as to show and create a
condition of widespread panic among the
populace in order to give in to an unlawful
demand.
(b) Thereby sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace
(c) In order to coerce the government to give in
to an unlawful demand shall be guilty of the
crime of terrorism.
PENALTY: 40 years of imprisonment,
without the benefit of parole under IS Law.
2. CONSPIRACY TO COMMIT TERRORISM
ELEMENTS:
(a) There are two or more persons;
(b) They come to an agreement to commit
the crime of terrorism; and
(c) They decide to commit the same.
PENALTY: 40 years of imprisonment.
PERSONS LIABLE:
1. Principal: Any person who commits any of
the acts under Sections 3 and 4.
2. Accomplice: Any person who, not being a
principal under Article 17, RPC or a
conspirator as defined in Section 4 hereof,
cooperates in the execution of either the
crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts
(Section 5).
3. Accessory: Any person who, having
knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism,
and without having participated therein,
either as principal or accomplice, takes part
subsequent to its commission in any of the
following manner:
(a) By profiting himself or assisting the
offender to profit by the effects of the
crime;
270
 (b) By concealing or destroying the body of
the crime, or the effects, or instruments
thereof, in order to prevent its discovery;
or
(c) By harboring, concealing, or assisting in
the escape of the principal or
conspirator of the crime (Section 6).
OTHER PUNISHABLE ACTS:
1. Unauthorized or malicious interceptions
and/or recordings (Section 16);
2. Failure to notify the judge as provided in
paragraph 3, Section 18 (Section 18);
3. Failure to deliver suspect to the proper
judicial authority within 3 days (Sec. 20);
4. Threat, intimidation, coercion, or torture in
the investigation and interrogation of a
detained person (Section 25);
5. Unauthorized or malicious examination of a
bank or a financial institution (Sec. 36);
6. Bank officials and employees defying a court
authorization (Section 37);
7. False or untruthful statement or
misrepresentation of material fact in joint
affidavits (Section 38);
8. Unjustified refusal to restore or delay in
restoring seized, sequestered and frozen
bank deposits, placements, trust accounts,
assets and records (Section 42);
9. Loss, misuse, diversion or dissipation of
seized, sequestered and frozen bank
deposits, placements, trust accounts, assets
and records (Section 43);
10. Infidelity in the custody of detained persons
(Section 44);
11. Unauthorized revelation of classified
materials (Section 46); and
12. Furnishing false evidence, forged document,
or spurious evidence (Sec. 47).
NOTE: When a person has been prosecuted
under a provision of this Act, upon a valid
complaint or information or other formal charge
sufficient in form and substance to sustain a
conviction and after the accused had pleaded to
the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another
prosecution for any offense or felony which is
necessarily included in the offense charged
under this Act (Section 49).
PERIOD OF DETENTION
1. Without judicial warrant of arrest (Section
18, R.A. 9372):
Duties of the duly authorized police or
law enforcement personnel:
(a) Deliver said charged or suspected
person to the proper judicial authority
within a period of three (3) days counted
from the moment said charged or
suspected person has been
apprehended or arrested, detained and
taken into custody: Provided, That the
arrest of those suspected of the crime of
terrorism or conspiracy to commit
terrorism must result from the
surveillance under Section 7 and
examination of bank deposits under
Section 27.
(b) Before detaining the person suspected
of the crime of terrorism, present him or
her before any judge at the latter's
residence or office nearest the place
where the arrest took place at any time
of the day or night.
NOTE: It shall be the duty of the judge,
among other things, to ascertain the
identity of the police or law enforcement
personnel and the person or persons
they have arrested and presented
before him or her, to inquire of them the
reasons why they have arrested the
person and determine by questioning
and personal observation whether or not
the suspect has been subjected to any
physical, moral or psychological torture
by whom and why. The judge shall then
submit a written report of what he/she
had observed when the subject was
brought before him to the proper court
that has jurisdiction over the case of the
person thus arrested. The judge shall
forthwith submit his/her report within
three calendar days from the time the
suspect was brought to his/her
residence or office.
(c) Immediately after taking custody, the
police or law enforcement personnel
shall notify in writing the judge of the
court nearest the place of apprehension
or arrest: Provided, That where the
arrest is made during Saturdays,
Sundays, holidays or after office hours,
the written notice shall be served at the
residence of the judge nearest the place
where the accused was arrested.
271

2. In the event of an actual or imminent
terrorist attack (Section 19, R.A. 9372):
Suspects may not be detained for more than
three (3) days without the written approval of
– (a) a municipal, city, provincial or regional
official of a Human Rights Commission, or
(b) judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the
arrest.
NOTE: If the arrest is made during
Saturdays, Sundays, holidays or after office
hours, the arresting police or law
enforcement personnel shall bring the
person thus arrested to the residence of any
of the officials mentioned above that is
nearest the place where the accused was
arrested.
The approval in writing of any of the said
officials shall be secured by the police or law
enforcement personnel concerned within
five (5) days after the date of the detention
of the persons concerned.
NOTE: Within three (3) days after the
detention, the suspects whose connection
with the terror attack or threat is NOT
established shall be released immediately.
SURVEILLANCE AND INTERCEPTION
Surveillance of suspects and interception
and recording of communications(Section 7)
– The provisions of R.A. 4200 (Anti-Wire
Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the
members of his team may, upon a written order
of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or
type of electronic or other surveillance
equipment or intercepting and tracking devices,
or with the use of any other suitable ways and
means for that purpose, any communication,
message, conversation, discussion, or spoken
or written words between members of a judicially
declared and outlawed terrorist organization,
association, or group of persons or of any
person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and
recording of communications between lawyers
and clients, doctors and patients, journalists and
their sources and confidential business
correspondence shall NOT be authorized.
RESTRICTION ON TRAVEL
In cases where evidence of guilt is not strong,
and the person charged with the crime of
terrorism or conspiracy to commit terrorism is
entitled to bail and is granted the same, the
court, upon application by the prosecutor, shall
limit the right of travel of the accused to within
the municipality or city where he resides or
where the case is pending, in the interest of
national security and public safety, consistent
with Article III, Section 6 of the Constitution.
Travel outside of said municipality or city,
without the authorization of the court, shall be
deemed a violation of the terms and conditions
of his bail, which shall then be forfeited as
provided under the Rules of Court.
He/she may also be placed under house arrest
by order of the court at his or her usual place of
residence. While under house arrest, he or she
may not use telephones, cellphones, emails,
computers, the internet or other means of
communications with people outside the
residence until otherwise ordered by the court.
The restrictions abovementioned shall be
terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or
earlier upon the discretion of the court on motion
of the prosecutor or of the accused.
EXAMINATION OF BANK DEPOSITS,
ACCOUNTS, and RECORDS
Judicial authorization required to examine
bank deposits, accounts, and
records(Section 27) – The provisions of R.A.
1405, as amended to the contrary
notwithstanding, the justices of the Court of
Appeals designated as a special court to handle
anti-terrorism cases after satisfying themselves
of the existence of probable cause in a hearing
called for that purpose that:
(1) A person charged with or suspected of the
crime of terrorism or, conspiracy to commit
terrorism,
(2) Of a judicially declared and outlawed
terrorist organization, association, or group
of persons; and
272
(3) Of a member of such judicially declared and
outlawed organization, association, or group
of persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized in
writing by the ATC to:

(a) Examine, or cause the examination of,

the deposits, placements, trust
accounts, assets and records in a bank
or financial institution; and
(b) Gather or cause the gathering of any
relevant information about such
deposits, placements, trust accounts,
assets, and records from a bank or
financial institution.

NOTE: The bank or financial institution

concerned, shall not refuse to allow such
examination or to provide the desired
information, when so, ordered by and served
with the written order of the Court of Appeals.

NOTE: Application should comply with the

requirements under Section 28 of the Act.

273
 ANTI-TORTURE ACT
(Republic Act No. 9745)
TORTURE
It refers to an act by which severe pain or
suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him/her or a third
person information or a confession; punishing
him/her for an act he/she or a third person has
committed or is suspected of having committed;
or intimidating or coercing him/her or a third
person; or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in
authority or agent of a person in authority. It
does not include pain or Buffering arising only
from, inherent in or incidental to lawful
sanctions.
ELEMENTS OF TORTURE:
1. An act by which severe pain or suffering,
whether physical or mental, is inflicted.
2. Such is intentionally inflicted on a person.
3. Such pain or suffering is inflicted by or at the
instigation of or with the consent or
acquiescence of a person in authority or
agent of a person in authority.
4. Such is for the purpose of –
(a) Obtaining from him/her or a third person
information or a confession;
(b) Punishing him/her for an act he/she or a
third person has committed or is
suspected of having committed; or
(c) Intimidating or coercing him/her or a
third person; or
(d) Any reason based on discrimination of
any kind.
PUNISHABLE ACTS OF TORTURE:
For purposes of this Act, torture shall include,
but not be limited to, the following:
1. Physical Torture
It is a form of treatment or punishment
inflicted by a person in authority or agent of
a person in authority upon another in his/her
custody that causes severe pain,
exhaustion, disability or dysfunction of one
or more parts of the body, such as:
(a) Systematic beating, head banging,
punching, and kicking;
(b) Food deprivation or forcible feeding with
spoiled food, animal or other stuff or
substances not normally eaten;
(c) Electric shock;
(d) Cigarette burning; burning by electrically
heated rods, hot oil, acid;
(e) The submersion of the head in water or
water polluted with excrement, urine,
vomit and/or blood until the brink of
suffocation;
(f) Being tied or forced to assume fixed and
stressful bodily position;
(g) Rape and sexual abuse;
(h) Mutilation or amputation of the essential
parts of the body such as the genitalia,
ear, tongue, etc.;
(i) Dental torture or forced extraction of
teeth;
(j) Pulling out of fingernails;
(k) Harmful exposure to the elements such
as sunlight and extreme cold;
(l) Use of plastic bag or other materials
placed over the head to the point of
asphyxiation;
(m) The use of psychoactive drugs to
change the perception, memory.
alertness or will of a person, such as: (a)
the administration or drugs to induce
confession and/or reduce mental
competency; or (b) the use of drugs to
induce extreme pain or certain
symptoms of a disease; and
(n) Other analogous acts of physical torture.
2. Mental/Psychological Torture
It refers to acts committed by a person in
authority or agent of a person in authority
which are calculated to affect or confuse the
mind and/or undermine a person's dignity
and morale, such as:
(a) Blindfolding;
(b) Threatening a person(s) or his/her
relative(s) with bodily harm, execution or
other wrongful acts;
(c) Confinement in solitary cells or secret
detention places;
(d) Prolonged interrogation;
(e) Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
(f) Causing unscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief that
he/she shall be summarily executed;
274
 (g) Maltreating member/s of a person's
family;
(h) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(i) Denial of sleep/rest;
(j) Shame infliction such as stripping the
person naked, parading him/her in
public places, shaving the victim's head
or putting marks on his/her body against
his/her will;
(k) Deliberately prohibiting the victim to
communicate with any member of
his/her family; and
(l) Other analogous acts of
mental/psychological torture (Sec. 4).
3. Other cruel, inhuman or degrading
treatment or punishment
It refers to a deliberate and aggravated
treatment or punishment not enumerated
under Section 4, inflicted by a person in
authority or agent of a person in authority
against another person in custody, which
attains a level of severity sufficient to cause
suffering, gross humiliation or debasement
to the latter.
The assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects
and, in some cases, the sex, religion, age
and state of health of the victim (Section 5,
R.A. 9745).
NOTE: Torture and other cruel, inhuman and
degrading treatment or punishment as criminal
acts shall apply to all circumstances. A state of
war or a threat of war, internal political instability,
or any other public emergency, or a document or
any determination comprising an "order of
battle" shall not and can never be invoked as a
justification for torture and other cruel, inhuman
and degrading treatment or punishment (Section
6).
4. Secret detention places, solitary
confinement, incommunicado or other
similar forms of detention, where torture
may be carried out with impunity are hereby
prohibited (Section 7).
NOTE: The PNP, AFP, and other law
enforcement agencies concerned shall
make an updated list of all detention centers
and facilities under their respective
jurisdictions with the corresponding data on
prisoners or detainees incarcerated or
detained therein. This list shall be available
to the public at all times, submitted to the
CHR, and updated every 5 days of the
month at the minimum (Section 7).
PERSONS LIABLE:
1. Principal:
(a) Any person who –
(1) Actually participated in the commission
of torture, or
(2) Induced another, or
(3) Cooperated in the execution of torture
by previous or simultaneous acts.
(b) Any superior military, police or law
enforcement officer who issued an order to
any lower ranking personnel to commit
torture for whatever purpose.
(c) The immediate commanding officer of the
unit concerned of the AFP or the immediate
senior public official of the PNP and other
law enforcement agencies shall be held
liable as a principal to the crime of torture for
any act or omission, or negligence
committed by him/her that shall have led,
assisted, abetted or allowed, whether
directly or indirectly, the commission thereof
by his/her subordinates.
(d) If the said commanding officer had
knowledge of or, owing to the circumstances
at the time, should have known that acts of
torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed, is being committed, or has been
committed by his/her subordinates or by
others within his/her area of responsibility
and, despite such knowledge, did not take
preventive or corrective action either before,
during or immediately after its commission,
he shall also be liable as principals.
2. Accomplice
3. Accessory
(a) Any public officer or employee shall be
liable as an accessory if he/she has
knowledge that torture is being
committed and without having
participated therein, either as principal
or accomplice, takes part subsequent to
275
its commission in any of the following
manner:
(1) By themselves profiting from or
assisting the offender to profit from
the effects of the act of torture or
other cruel, inhuman and degrading
treatment or punishment;
(2) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or
destroying the effects or instruments
thereof in order to prevent its
discovery; or
(3) By harboring, concealing or
assisting m the escape of the
principal/s in the act of torture or
other cruel, inhuman and degrading
treatment or punishment: Provided,
That the accessory acts are done
with the abuse of the official's public
functions (Section 13).

276
 CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION
OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR
INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND FOR
RELEVANT PURPOSES
(P.D. No. 1866, as amended)
PUNISHABLE ACTS:
1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or
ammunition or instruments used or
intended to be used in the manufacture
of firearms or ammunition(Section 1, P.D.
1866 as amended by R.A. 8294);
PERSONS LIABLE:
(a) Any person who shall unlawfully
manufacture, deal in, acquire, dispose,
or possess any firearm;
(b) Owner, president, manager, director or
other responsible officer of any public or
private firm, company, corporation or
entity, who shall willfully or knowingly
allow any of the firearms owned by it to
be used by any person or persons found
guilty of violating the provisions hereof,
or willfully or knowingly allow any of
them to use unlicensed firearms or
firearms without any legal authority to be
carried outside of their residence in the
course of their employment;
(c) Any person who shall carry any licensed
firearm outside his residence without
legal authority therefor.
NOTES:
• If homicide or murder is committed with
the use of an unlicensed firearm, such
use of an unlicensed firearm shall be
considered as an aggravating
circumstance.
• If the violation is in furtherance of or
incident to, or in connection with the
crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such
violation shall be absorbed as an
element thereof.
• Presumption: The possession of any
machinery, tool or instrument used
directly in the manufacture of firearms or
ammunition, by any person whose
business or employment does not
lawfully deal with the manufacture of
firearms or ammunition, shall be prima
facie evidence that such article is
intended to be used in the
unlawful/illegal manufacture of firearms
or ammunition (Section 2, P.D. 1866).
• Unlicensed Firearm includes –
1. Firearms with expired license; or
2. Unauthorized use of licensed
firearm in the commission of the
crime.
2. Unlawful manufacture, sale, acquisition,
disposition or possession of
explosives(Section 3)
PERSONS LIABLE:
(a) Any person who shall willfully and
unlawfully manufacture, assemble, deal
in, acquire, dispose, import or possess
any explosive or incendiary device, with
knowledge of its existence and its
explosive or incendiary character, where
the explosive or incendiary device is
capable of producing destructive effect
on contiguous objects or causing injury
or death to any person including but not
limited to, hand grenade(s), rifle
grenade(s), 'pillbox bomb', 'molotov
cocktail bomb', 'fire bomb', and other
similar explosive and incendiary
devices;
NOTES:
• Presumption: Mere possession of
any explosive or incendiary device
shall be prima facie evidence that
the person had knowledge of the
existence and the explosive or
incendiary character of the device.
• Temporary, incidental, casual,
harmless, or transient possession or
control of any explosive or
incendiary device, without the
knowledge of its existence or its
explosive or incendiary character,
shall NOT be a violation.
277
 • Possession for the sole purpose of
surrendering it to the proper
authorities shall NOT be a violation
of this Section.
(b) Owner, president, manager, director or
other responsible officer of any public or
private firm, company, corporation or
entity, who shall willfully or knowingly
allow any explosive or incendiary device
or parts thereof owned or controlled by
such firm, company, corporation or
entity to be used by any person or
persons found guilty of violating
provisions hereof (Sec. 3-B, P.D. 1866,
as amended).
3. Unlawful manufacture, sales, acquisition,
disposition, importation or possession of
a part, ingredient, machinery, tool or
instrument used or intended to be used
for the manufacture, construction,
assembly, delivery or detonation(Section
3-A, P.D. 1866, as amended)
PERSONS LIABLE:
(a) Any person who shall willfully and
unlawfully manufacture, assemble, deal
in, acquire, dispose, import or possess
any part, ingredient, machinery, tool or
instrument of any explosive or
incendiary device, whether chemical,
mechanical, electronic, electrical or
otherwise, used or intended to be used
by that person for its manufacture,
construction, assembly, delivery or
detonation, where the explosive or
incendiary device is capable or is
intended to be made capable of
producing destructive effect on
contiguous objects or causing injury or
death to any person;
NOTE:
• Presumption: Mere possession of
any part, ingredient, machinery, tool
or instrument directly used in the
manufacture, construction,
assembly, delivery or detonation of
any explosive or incendiary device,
by any person whose business
activity, or employment does NOT
lawfully deal with the possession of
such article shall be prima facie
evidence that such article is
intended to be used by that person
in the unlawful/illegal manufacture,
construction, assembly, delivery or
detonation of explosive or
incendiary device.
• Mere possession without the
knowledge of its existence or
character shall NOT be a violation.
• Mere possession for the sole
purpose of surrendering it to the
proper authorities shall not be a
violation.
NOTE: When a violation of Section 3, 3-A or
3-B of this Decree is a necessary means for,
or is in furtherance of, incident to, in
connection with, by reason of, or on
occasion of, any of the crimes defined in the
RPC or special laws, the penalty of reclusion
perpetua and a fine ranging from
P100,000.00 to P1,000,000.00 shall be
imposed (Sec. 3-C, P.D. 1866 as amended).
4. Tampering of firearm's serial
number(Section 5, P.D. 1866)
The penalty of prision correccional shall be
imposed upon any person who shall
unlawfully tamper, change, deface or erase
the serial number of any firearm.
5. Repacking or altering the composition of
lawfully manufactured explosives(Section
6, P.D. 1866)
The penalty of prision correccional shall be
imposed upon any person who shall
unlawfully repack, alter or modify the
composition of any lawfully manufactured
explosives
6. Unauthorized issuance of authority to
carry firearm and/or ammunition outside
of residence(Sec. 7, P.D. 1866)
The penalty of prision correccional shall be
imposed upon any person, civilian or
military, who shall issue authority to carry
firearm and/or ammunition outside of
residence, without authority therefor.
7. Failure or refusal, after due notice, of any
member of law enforcement agencies or
any other government official and
employee, intentionally or negligently, to
278
 appear as a witness for the prosecution
of the defense in any proceeding,
involving violations hereof, without any
valid reason(Sec. 4, P.D. 1866, as
amended by R.A. 9516)

NOTES:
• The immediate superior is also liable if
despite due notice to them and to the
witness concerned, the former does not
exert reasonable effort to present the
latter to the court.

• The member of the law enforcement

agency or any other government
employee mentioned in the preceding
paragraphs shall NOT be transferred or
reassigned to any other government
office located in another territorial
jurisdiction during the pendency of the
case in court, except for compelling
reasons: Provided, That his/her
immediate superior shall notify the court
where the case is pending of the order
to transfer or reassign within 24 hours
from its approval: Provided, further, The
immediate superior who fails to notify
the court of such order to transfer or
reassign will be penalized.

8. Planting of evidence (Sec. 4-A, P.D. 1866,

as amended)

It shall mean the willful act by any person of

maliciously and surreptitiously inserting,
placing, adding or attaching, directly or
indirectly, through any overt or covert act,
whatever quantity of any explosive or
incendiary device or any part, ingredient,
machinery, tool or instrument of any
explosive or incendiary device, whether
chemical, mechanical, electronic, electrical
or otherwise in the person, house, effects or
in the immediate vicinity of an innocent
individual for the purpose of implicating
incriminating or imputing the commission of
any violation of this Decree.

279
 COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
(Republic Act No. 10591)
PUNISHABLE ACTS:
1. Unlawful acquisition, or possession of
firearms and ammunition(Section 28)
NOTE: Penalty depends on the type and
number of unlawfully acquired or possessed
firearms or ammunition.
2. Use of loose firearm in the commission
of a crime(Section 29)
NOTES:
• The use of a loose firearm, when
inherent in the commission of a crime
punishable under the RPC or other
special laws, shall be considered as an
aggravating circumstance: Provided,
That if the crime committed with the use
of a loose firearm is penalized by the
law with a maximum penalty which is
lower than that prescribed in the
preceding section for illegal possession
of firearm, the penalty for illegal
possession of firearm shall be imposed
in lieu of the penalty for the crime
charged: Provided, further, That if the
crime committed with the use of a loose
firearm is penalized by the law with a
maximum penalty which is equal to that
imposed under the preceding section for
illegal possession of firearms, the
penalty of prision mayor in its minimum
period shall be imposed in addition to
the penalty for the crime punishable
under the Revised Penal Code or other
special laws of which he/she is found
guilty.
• If the violation of this Act is in
furtherance of, or incident to, or in
connection with the crime of rebellion or
insurrection, or attempted coup d’ etat,
such violation shall be absorbed as an
element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
• If the crime is committed by the person
without using the loose firearm, the
violation of this Act shall be considered
as a distinct and separate offense.
3. Liability of juridical person (Section 30)
The one liable is the owner, president,
manager, director or other responsible
officer of/any public or private firm,
company, corporation or entity who shall:
(a) Willfully or knowingly allow any of the
firearms owned by such firm, company,
corporation or entity to be used by any
person or persons found guilty of
violating the provisions of the preceding
section, or
(b) Willfully or knowingly allow any of them
to use unregistered firearm or firearms
without any legal authority to be carried
outside of their residence in the course
of their employment.
4. Absence of permit to carry outside of
residence(Section 31)
This is committed by any person who is
licensed to own a firearm but who shall carry
the registered firearm outside his/her
residence without any legal authority
therefor.
5. Unlawful manufacture, importation, sale
or disposition of firearms or ammunition
or parts thereof, machinery, tool or
instrument used or intended to be used
in the manufacture of firearms,
ammunition or parts thereof (Section 32)
NOTE:
The possession of any machinery, tool or
instrument used directly in the manufacture
of firearms, ammunition, or major parts
thereof by any person whose business,
employment or activity does not lawfully deal
with the possession of such article, shall be
prima facie evidence that such article is
intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or
parts thereof.
OTHER PERSONS LIABLE:
(a) Laborer, worker or employee of a
licensed firearms dealer who shall
unlawfully take, sell or otherwise
dispose of parts of firearms or
ammunition which the company
manufactures and sells, and other
materials used by the company in the
280
 manufacture or sale of firearms or
ammunition.
(b) The buyer or possessor of such stolen
part or material, who is aware that such
part or material was stolen
(c) The directors, officers, employees or
other officials of or persons in a juridical
person who knowingly and willingly
participated in the unlawful act.
6. Arms Smuggling (Section 33)
It refers to the import, export, acquisition,
sale, delivery, movement or transfer of
firearms, their parts and components and
ammunition, from or across the territory of
one country to that of another country which
has not been authorized in accordance with
domestic law in either or both
country/countries.
7. Tampering, obliteration or alteration of
firearms identification (Section 34)
This is committed by any person who shall
tamper, obliterate or alter without authority
the barrel, slide, frame, receiver, cylinder, or
bolt assembly, including the name of the
maker, model, or serial number of any
firearm, or who shall replace without
authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including its
individual or peculiar identifying
characteristics essential in forensic
examination of a firearm or light weapon.
NOTE:
The PNP shall place this information,
including its individual or peculiar identifying
characteristics into the database of
integrated firearms identification system of
the PNP Crime Laboratory for future use
and identification of a particular firearm.
8. Use of an imitation firearm (Section 35)
An imitation firearm used in the commission
of a crime shall be considered a real firearm
as defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act: Provided, That
injuries caused on the occasion of the
conduct of competitions, sports, games, or
any recreation activities involving imitation
firearms shall not be punishable under this
Act.
9. Planting Evidence (Section 38)
This is committed by any person who shall
willfully and maliciously insert; place, and/or
attach, directly or indirectly, through any
overt or covert act, any firearm, or
ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of
an innocent individual for the purpose of
implicating or incriminating the person, or
imputing the commission of any violation of
the provisions of this Act to said individual.
NOTE: If the person found guilty under this
paragraph is a public officer or employee,
such person shall suffer the penalty of
reclusion perpetua.
10. Failure to notify lost or stolen firearm or
light weapon (Section 40)
A fine of P10,000.00 shall be imposed upon
any licensed firearm holder who fails to
report to the FEO of the PNP that the
subject firearm has been lost or stolen within
a period of thirty (30) days from the date of
discovery.
A fine of P5,000.00 shall be imposed upon
any person holding a valid firearm license
who changes residence or office address
other than that indicated in the license card
and fails within a period of thirty (30) days
from said transfer to notify the FEO of the
PNP of such change of address.
11. Illegal transfer/registration of firearms
(Section 41)
It shall be unlawful to transfer possession of
any firearm to any person who has not yet
obtained or secured the necessary license
or permit thereof.
The penalty of prision correccional shall be
imposed upon any person who shall violate
the provision of the preceding paragraph. In
addition, he/she shall be disqualified to
apply for a license to possess other firearms
and all his/her existing firearms licenses
whether for purposes of commerce or
possession, shall be revoked. If
government-issued firearms, ammunition or
major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by
281
 any law enforcement agent or public officer workplace without, the proper permit to carry
to private individuals, the penalty of the same;
reclusion temporal shall be imposed. (e) Carrying of the firearm, ammunition, or
major parts thereof in prohibited places;
Any public officer or employee or any person (f) Dismissal for cause from the service in case
who shall facilitate the registration of a of government official and employee;
firearm through fraud, deceit, (g) Commission of any of the acts penalized
misrepresentation or submission of falsified under the Comprehensive Dangerous Drugs
documents shall suffer the penalty of prision Act of 2002;
correccional. (h) Submission of falsified documents or
misrepresentation in the application to
IN CUSTODIA LEGIS (Section 36) obtain a license or permit;
During the pendency of any case filed in (i) Noncompliance of reportorial requirements;
violation of this Act, seized firearm, ammunition, and
or parts thereof, machinery, tools or instruments (j) By virtue of a court order.
shall remain in the custody of the court. If the
court decides that it has no adequate means to
safely keep the same, the court shall issue an
order to turn over to the PNP Crime Laboratory
such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody
during the pendency of the case and to produce
the same to the court when so ordered. No bond
shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall
be punishable by prision mayor in its minimum
period to prision mayor in its medium period.

CONFISCATION & FORFEITURE (Sec. 37)

The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which
shall be disposed of in accordance with law.

GROUNDS FOR REVOCATION,

CANCELLATION OR SUSPENSION OF
LICENSE OR PERMIT (Section 39)

The Chief of the PNP or his/her authorized

representative may revoke, cancel or suspend a
license or permit on the following grounds:

(a) Commission of a crime or offense involving

the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral
turpitude or any offense where the penalty
carries an imprisonment of more than six (6)
years;
(c) Loss of the firearm, ammunition, or any
parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or
major parts thereof outside of residence or

282
 ANTI-MONEY LAUNDERING ACT
(R.A. 9160, as amended by R.A. 9194)
MONEY LAUNDERING
It is a crime whereby the proceeds of an
unlawful activity are transacted, thereby making
them appear to have originated from legitimate
sources.
It is committed by the following:
(a) Any person, knowing that any monetary
instrument or property represents, involves,
or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact
said monetary instrument or property.
(b) Any person, knowing that any monetary
instrument or property involves the proceeds
of any unlawful activity, performs or fails to
perform any act as a result of which he
facilitates the offense of money laundering
under paragraph (a) above.
(c) Any person, knowing that any monetary
instrument or property is required under this
Act to be disclosed and filed with the AMLC,
fails to do so.
COVERED TRANSACTIONS
It is a transaction in cash or other equivalent
monetary instrument involving a total amount in
excess of P500,000.00 within one (1) banking
day (Sec. 3(b), as amended).
SUSPICIOUS TRANSACTIONS
These are transactions with covered institutions,
regardless of the amounts involved, where any
of the following circumstances exist:
1. There is no underlying legal or trade
obligation, purpose or economic justification;
2. The client is not properly identified;
3. The amount involved is not commensurate
with the business or financial capacity of the
client;
4. Taking into account all known
circumstances, it may be perceived that the
client's transaction is structured in order to
avoid being the subject of reporting
requirements under the act;
5. Any circumstances relating to the
transaction which is observed to deviate
from the profile of the client and/or the
client's past transactions with the covered
institution;
6. The transactions is in a way related to an
unlawful activity or offense under this act
that is about to be, is being or has been
committed; or
7. Any transactions that is similar or analogous
to any of the foregoing. (Section 3(b-1), R.A.
9160 as amended).
COVERED INSTITUTION
It refers to –
1. Banks, non-banks, quasi-banks, trust
entities, and all other institutions and their
subsidiaries and affiliates supervised or
regulated by the BSP;
2. Insurance companies and all other
institutions supervised or regulated by the
Insurance Commission; and
3. (i) Securities dealers, brokers, salesmen,
investment houses and other similar entities
managing securities or rendering services
as investment agent, advisor, or consultant,
(ii) mutual funds, close and investment
companies, common trust funds, pre-need
companies and other similar entities, (iii)
foreign exchange corporations, money
changers, money payment, remittance, and
transfer companies and other similar
entities, and (iv) other entities administering
or otherwise dealing in currency,
commodities or financial derivatives based
thereon, valuable objects, cash substitutes
and other similar monetary instruments or
property supervised or regulated by
Securities and Exchange Commission.
UNLAWFUL ACTIVITY
It refers to any act or omission or series or
combination thereof involving or having direct
relation to following:
1. Kidnapping for ransom under Article 267 of
the Revised Penal Code, as amended;
2. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and
16 of R.A. 9165 (Comprehensive Dangerous
Drugs Act of 2002);
3. Section 3 paragraphs B, C, E, G, H and I of
R.A. 3019, as amended (Anti-Graft and
Corrupt Practices Act);
4. Plunder under R.A. 7080, as amended;
5. Robbery and extortion under Articles 294,
295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;
6. Jueteng and masiao punished as illegal
gambling under P.D. 1602;
7. Piracy on the high seas under the RPC, as
amended and P.D. 532;
8. Qualified theft under Article 310, RPC;
9. Swindling under Article 315, RPC;
10. Smuggling under R.A. 455 and R.A. 1937;
283
11. Violations under R.A. 8792 (Electronic
Commerce Act of 2000);
12. Hijacking and other violations under R.A.
6235; destructive arson and murder, as
defined under RPC, including those
perpetrated by terrorists against non-
combatant persons and similar targets;
13. Fraudulent practices and other violations
under R.A. 8799 (Securities Regulation
Code of 2000); and
14. Felonies or offenses of a similar nature that
are punishable under the penal laws of other
countries (Sec. 3(i), as amended).

OTHER PUNISHABLE ACTS:

1. Failure to keep records as required under
Sec. 9(b), R.A. 9160, as amended.

2. Malicious Reporting: Any person who, with

malice, or in bad faith, reports or files a
completely unwarranted or false information
relative to money laundering transaction
against any person (Section 14(c), as
amended).

NOTES:
• If the offender is any juridical person,
the penalty shall be imposed upon the
responsible officers who participated in,
or allowed by their gross negligence, the
commission thereof.

NOTE: The court may suspend or

revoke its license.

• If the offer is an alien, he shall, in

addition to the penalties, be deported
without further proceedings after serving
the penalties.
• If the offender is a public official or
employee, he shall, in addition to the
penalties, suffer perpetual or temporary
absolute disqualification from office, as
the case may be.

3. Breach of confidentiality by persons

convicted for violation of Section 9(c) of the
Act (Section 14(d), as amended).

NOTE: In case of a breach of confidentiality

that is published or reported by media, the
responsible reporter, writer, president,
publisher, manager and editor-in-chief shall
be liable under this Act.

284
 ANTI-TRAFFICKING IN PERSONS ACT
(Republic Act No. 9208)
TRAFFICKING IN PERSONS
It refers to the recruitment, transportation,
transfer or harboring, or receipt of persons with
or without the victim's consent or knowledge,
within or across national borders by means of
threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability
of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person for
the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the
removal or sale of organs (Section 3(a)).
NOTE: The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose of
exploitation shall also be considered as
"trafficking in persons" even if it does not involve
any of the means set forth in the preceding
paragraph.
PUNISHABLE ACTS:
1. TRAFFICKING IN PERSONS (Section 4):
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any
means, including those done under the
pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit,
or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or
trading him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or
slavery, involuntary servitude or debt
bondage;
(d) To undertake or organize tours and
travel plans consisting of tourism
packages or activities for the purpose of
utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage
in prostitution or pornography;
(f) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
(g) To recruit, hire, adopt, transport or
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose
of removal or sale of organs of said
person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the
Philippines or abroad.
2. PROMOTING TRAFFICKING (Section 5):
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency
which issues these certificates and
stickers as proof of compliance with
government regulatory and pre-
departure requirements for the purpose
of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the
use of information technology and the
internet, of any brochure, flyer, or any
propaganda material that promotes
trafficking in persons;
285
 (d) To assist in the conduct of
misrepresentation or fraud for purposes
of facilitating the acquisition of
clearances and necessary exit
documents from government agencies
that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit
and entry of persons from/to the country
at international and local airports,
territorial boundaries and seaports who
are in possession of unissued, tampered
or fraudulent travel documents for the
purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition
of involuntary servitude, forced labor, or
slavery.
QUALIFIED TRAFFICKING IN PERSONS
1. When the trafficked person is a child;
2. When the adoption is effected through R.A.
8043 (Inter-Country Adoption Act) and said
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
3. When the crime is committed by a counseling certificates, marriage license,
syndicate, or in large scale.
NOTES:
• Trafficking is deemed committed by a
syndicate if carried out by a group of
three (3) or more persons conspiring or
confederating with one another.
• It is deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group;
4. When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer
or employee;
5. When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies;
6. When the offender is a member of the
military or law enforcement agencies; and
7. When by reason or on occasion of the act of
trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is afflicted with HIV or AIDS (Section 6).
OTHER PENAL PROVISIONS:
1. It shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed
materials, announcer or producer in case of
television and radio, producer and director of
a film in case of the movie industry, or any
person utilizing tri-media facilities or
information technology to cause publicity of
any case of trafficking in persons. (Section
7);
2. If the offender is a corporation, partnership,
association, club, establishment or any
juridical person, the penalty shall be
imposed upon the owner, president, partner,
manager, and/or any responsible officer who
participated in the commission of the crime
or who shall have knowingly permitted or
failed to prevent its commission. (Section
10(e));
3. Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances,
passports, registration certificates,
and other similar documents to persons,
whether juridical or natural, recruitment
agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement
as provided for by laws, rules and
regulations, shall be held administratively
liable, without prejudice to criminal liability.
(Sec. 10(h)).
286
4. Any person who buys or engages the
services of trafficked persons for prostitution
shall also be penalized (Section 11).

287
 ANTI-SEXUAL HARASSMENT
(Republic Act No. 7877)

PUNISHABLE ACTS:
1. In a work-related or employment
environment, sexual harassment is
committed when:
(a) The sexual favor is made as a condition
in the hiring or in the employment,
re-employment or continued
employment of said individual, or in
granting said individual favorable
compensation, terms, conditions,
promotions, or privileges; or the refusal
to grant the sexual favor results in
limiting, segregating or classifying the
employee which in a way would
discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee
(b) The above acts would impair the
employee’s rights or privileges under
existing labor laws; or
(c) The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.

2. In an education or training environment,

sexual harassment is committed:
(a) Against one who is under the care,
custody or supervision of the offender;
(b) Against one whose education, training,
apprenticeship or tutorship is entrusted
to the offender;
(c) When the sexual favor is made a
condition to the giving of a passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges, or considerations; or
(d) When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee or
apprentice.

3. Any person who directs or induces another

to commit any act of sexual harassment as
herein defined, or who cooperates in the
commission thereof by another without
which it would not have been committed,
shall also be held liable under this Act
(Section 3).

288
 ANTI-GRAFT AND CORRUPT
PRACTICES ACT
(Republic Act No. 3019)
PUBLIC OFFICER
It includes elective and appointive officials and
employees, permanent or temporary, whether in
the classified or unclassified or exempt service
receiving compensation, even nominal, from the
government (Section 2(b)).
RECEIVING ANY GIFT
It includes the act of accepting directly or
indirectly a gift from a person other than a
member of the public officer's immediate family,
in behalf of himself or of any member of his
family or relative within the fourth civil degree,
either by consanguinity or affinity, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift is
under the circumstances manifestly excessive
(Section 2(c)).
PERSONS LIABLE:
1. Any public officer who performs the following
acts:
(a) Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and
regulations duly promulgated by
competent authority or an offense in
connection with the official duties of the
latter, or allowing himself to be
persuaded, induced, or influenced to
commit such violation or offense.
NOTE: Persuasion need NOT be
successful. The gravamen of the
offense is persuasion.
(b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
contract or transaction between the
Government and any other part, wherein
the public officer in his official capacity
has to intervene under the law.
(c) Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for himself
or for another, from any person for
whom the public officer, in any manner
or capacity, has secured or obtained, or
will secure or obtain, any Government
permit or license, in consideration for
the help given or to be given, without
prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
NOTE: This act is mala prohibita.
(e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the
discharge of his official administrative or
judicial functions through manifest
partiality, evident bad faith or gross
inexcusable negligence. This provision
shall apply to officers and employees of
offices or government corporations
charged with the grant of licenses or
permits or other concessions.
NOTES:
• The best defense is that the
partiality was not manifest. That the
partiality is manifest is a heavy
burden on the prosecution.
• Another defense is the Arias
Doctrine. The defense applies in a
case where the accused is an
approving officer and is on trial for
signing unjust contract (Arias vs.
Sandiganbayan; 1989).
The defense was that the approving
officer relied on the prior signatures
of his subordinates and had no
reason to suspect wrong-doing and
was swamped with a lot of
documents on the day that he
signed.
• There is NO attempted or frustrated
stage of the crime defined in Sec.
3(e), R.A. 3019.
(f) Neglecting or refusing, after due
demand or request, without sufficient
justification, to act within a reasonable
time on any matter pending before him
289
 for the purpose of obtaining, directly or
indirectly, from any person interested in
the matter some pecuniary or material
benefit or advantage, or for the purpose
of favoring his own interest or giving
undue advantage in favor of or
discriminating against any other
interested party.
(g) Entering, on behalf of the Government,
into any contract or transaction
manifestly and grossly disadvantageous
to the same, whether or not the public
officer profited or will profit thereby.
NOTE: In determining whether the
contract was manifestly and grossly
disadvantageous, it is NOT merely
consideration of the pecuniary amount
involved (Marcos vs. Sandiganbayan;
October 6, 1998).
(h) Director or indirectly having financing or
pecuniary interest in any business,
contract or transaction in connection
with which he intervenes or takes part in
his official capacity, or in which he is
prohibited by the Constitution or by any
law from having any interest.
NOTES:
• Actual intervention is required.
• Under the Code of Professional
Conduct, the public officer MUST
divest his interest.
(i) Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or
act requiring the approval of a board,
panel or group of which he is a member,
and which exercises discretion in such
approval, even if he votes against the
same or does not participate in the
action of the board, committee, panel or
group.
NOTE: Interest for personal gain shall
be presumed against those public
officers responsible for the approval of
manifestly unlawful, inequitable or
irregular transactions or acts by the
board, panel, or group to which they
belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in
favor of any person not qualified for or
not legally entitled to such license,
permit, privilege or advantage, or of a
mere representative or dummy of one
who is not so qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized release date.
2. Private individuals –
(a) Any person who, having family or close
personal relation with any public official,
capitalizes or exploits or takes
advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift
or material or pecuniary advantage from
any other person having some business,
transaction, application, request or
contract with the government, in which
such public official has to intervene.
NOTE: Family relation shall include the
spouse or relatives by consanguinity or
affinity in the third civil degree. The word
"close personal relation" shall include
close personal friendship, social and
fraternal connections, and professional
employment all giving rise to intimacy
which assures free access to such
public officer.
(b) Any person who knowingly induces or
causes any public official to commit any
of the offenses under Section 3, R.A.
3019.
3. The spouse or for any relative, by
consanguinity or affinity, within the third civil
degree, of the President, the Vice-President,
the Senate President, or the Speaker of the
House of Representatives, to intervene,
directly or indirectly, in any business,
transaction, contract or application with the
Government.
EXCEPTIONS:
The prohibition shall NOT apply to:
(a) Any person who, prior to the assumption
of office of the official to whom he is
290
 related, has been already dealing with
the Government along the same line of
business;
(b) Any transaction, contract or application
already existing or pending at the time
of such assumption of public office;
(c) Any application filed by him the approval
of which is not discretionary on the part
of the official or officials concerned but
depends upon compliance with
requisites provided by law, or rules or
regulations issued pursuant to law;
(d) Any act lawfully performed in an official
capacity or in the exercise of a
profession.
4. Any member of the Congress who, during
the term for which he has been elected,
acquires or receives any personal pecuniary
interest in any specific business enterprise
which will be directly and particularly favored
or benefited by any law or resolution
authored by him previously approved or
adopted by the Congress during his term.
5. Any other public officer who recommended
the initiation in Congress of the enactment
or adoption of any law or resolution, and
acquires or receives any such interest
during his incumbency.
NOTE: It is also unlawful for such member
of Congress or other public officer who,
having such interest prior to the approval of
such law or resolution authored or
recommended by him, continues for 30 days
after such approval to retain such interest.
6. Any public officer who fails to file a true
detailed and sworn SALN within 30 days
after assuming office, and thereafter on or
th
before the 15 day of April following the
close of every calendar year, as well as
upon the expiration of his term of office, or
upon resignation or separation from office
(Section 7).
ACTS NOT COVERED
Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude or friendship
according to local customs or usage, shall be
excepted (Section 14).
NOTE: Nothing in this Act shall be interpreted to
prejudice or prohibit the practice of any
profession, lawful trade or occupation by any
private person or by any public officer who under
the law may legitimately practice his profession,
trade or occupation, during his incumbency,
EXCEPT where the practice of such profession,
trade or occupation involves conspiracy with any
other person or public official to commit any
violations of this Act.
Dismissal due to Unexplained Wealth
If a public official has been found to have
acquired during his incumbency, whether in his
name or in the name of other persons, an
amount of property and/or money manifestly out
of proportion to his salary and to his other lawful
income, that fact shall be a ground for dismissal
or removal.
NOTES:
• Properties in the name of the spouse and
unmarried children of such public official
may be taken into consideration, when their
acquisition through legitimate means cannot
be satisfactorily shown.
• Bank deposits in the name of, or manifestly
excessive expenditures incurred by, the
public official, his spouse or any of their
dependents, including but not limited to
activities in any club or association or any
ostentatious display of wealth including
frequent travel abroad of a non-official
character by any public official when such
activities entail expenses evidently out of
proportion to legitimate income, shall be
taken into consideration.
COMPETENT COURT: Sandiganbayan.
PRESCRIPTIVE PERIOD:
All offenses punishable under this Act shall
prescribe in 15 years (Section 11, as amended
by B.P. 195).
TERMINATION OF OFFICE
No public officer shall be allowed to resign or
retire pending an investigation, criminal or
administrative, or pending a prosecution against
him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery
(Section 12).
SUSPENSION AND LOSS OF BENEFITS
Any incumbent public officer against whom any
criminal prosecution under a valid information
under this Act, or under Title 7, Book II of the
291
RPC, or for any offense involving fraud upon
government or public funds or property whether
as a simple or as complex offense and in
whether stage of execution and mode of
participation, is pending in court, shall be
suspended from office. Should he be convicted
by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement
and to the salaries and benefits which he failed
to receive during suspension, unless in the
meantime administrative proceedings have been
filed against him.

NOTE: Suspension CANNOT be automatic

(People v. Albano; 1988).

292
 AN ACT DEFINING AND PENALIZING
THE CRIME OF PLUNDER
(Republic Act No. 7080)
ELEMENTS OF PLUNDER:
1. The offender is a public officer who acts by
himself or in connivance with members of
his family, relatives by affinity or
consanguinity, business associates,
subordinates or other persons;
2. He amassed, accumulated or acquired ill-
gotten wealth through a combination or
series of overt or criminal acts described in
Sec. 1(d), R.A. 7080; and
3. The aggregate amount or total value of the
ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00 (Estrada
vs. Sandiganbayan; November 19, 2001).
ILL-GOTTEN WEALTH
It means any asset, property, business
enterprise or material possession of any person
within the purview of Section 2, R.A. 7080,
acquired by him directly or indirectly through
dummies, nominees, agents, subordinates
and/or business associates by any combination
or series of the following means or similar
schemes:
(a) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
(b) By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract or
project or by reason of the office or position
of the public officer concerned;
(c) By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities
or government-owned or -controlled
corporations and their subsidiaries;
(d) By obtaining, receiving or accepting directly
or indirectly any shares of stock, equity or
any other form of interest or participation
including promise of future employment in
any business enterprise or undertaking;
(e) By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
(f) By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves at the expense and to the
damage and prejudice of the Filipino people
and the Republic of the Philippines. (Sec.
1(d), R.A. 7080).
COMBINATION
It refers to at least two (2) acts falling under
DIFFERENT categories of enumeration provided
in Section 1(d), R.A. 7080.
Example: Raids on the public treasury in
Sec. 1(d)(1), and fraudulent conveyance of
assets belonging to the National
Government under Sec. 1(d)(3).
SERIES
It refers to two (2) or more overt or criminal acts
falling under the SAME category of enumeration
found in Sec. 1(d), R.A. 7080.
Example: Misappropriation, malversation
and raids on the public treasury, all of which
fall under Sec. 1(d)(1).
PERSONS LIABLE:
1. The public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates, subordinates or other
persons, amassed, accumulated or acquired
ill-gotten wealth through a combination or
series of overt or criminal acts as described
in Sec. 1(d), R.A. 7080 in the aggregate
amount of at least P50,000,000.00 shall be
guilty of plunder.
2. Any person who participated with the said
public officer in the commission of an
offense contributing to the crime of plunder
shall be punished for such offense.
NOTES:
• In the imposition of penalties, the degree of
participation and the attendance of
mitigating and extenuating circumstances,
as provided by the RPC, shall be considered
by the court.
293
• The court shall declare any and all ill-gotten
wealth and their interests and other incomes
and assets including the properties and
shares of stocks derived from the deposit or
investment thereof forfeited in favor of the
State.

COMPETENT COURT: Sandiganbayan

RULE OF EVIDENCE:
For purposes of establishing the crime of
plunder, it shall not be necessary to prove each
and every criminal act done by the accused in
furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten wealth,
it being sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or
conspiracy (Section 4).

SUSPENSION AND LOSS OF BENEFITS

Any public officer against whom any criminal
prosecution under a valid information under this
Act in whatever stage of execution and mode of
participation, is pending in court, shall be
suspended from office.

Should he be convicted by final judgment, he

shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and
other benefits which he failed to receive during
suspension, unless in the meantime,
administrative proceedings have been filed
against him. (Section 5)

PRESCRIPTION
It shall prescribe in 20 years.

NOTE: However, the right of the State to

recover properties unlawfully acquired by public
officers from them or from their nominees or
transferees shall NOT be barred by prescription,
laches, or estoppel (Sec. 6).

294
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT
(Republic Act No. 9262)
VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN
It refers to any act or a series of acts committed
by any person against a woman who is his wife,
former wife, or against a woman with whom the
person has or had a sexual or dating
relationship, or with whom he has a common
child, or against her child whether legitimate or
illegitimate, within or without the family abode,
which result in or is likely to result in physical,
sexual, psychological harm or suffering, or
economic abuse including threats of such acts,
battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
It includes, but is not limited to (1) physical
violence, (2) sexual violence, (3) psychological
violence, and (4) economic abuse.
1. PHYSICAL VIOLENCE
It refers to acts that include bodily or
physical harm;
2. SEXUAL VIOLENCE
It refers to an act which is sexual in nature,
committed against a woman or her child. It
includes, but is not limited to:
(a) Rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the sexual
parts of the victim's body, forcing
her/him to watch obscene publications
and indecent shows or forcing the
woman or her child to do indecent acts
and/or make films thereof, forcing the
wife and mistress/lover to live in the
conjugal home or sleep together in the
same room with the abuser;
(b) Acts causing or attempting to cause the
victim to engage in any sexual activity
by force, threat of force, physical or
other harm or threat of physical or other
harm or coercion;
(c) Prostituting the woman or child.
3. PSYCHOLOGICAL VIOLENCE
It refers to acts or omissions causing or
likely to cause mental or emotional suffering
of the victim such as but not limited to
intimidation, harassment, stalking, damage
to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which
the victim belongs, or to witness
pornography in any form or to witness
abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody
and/or visitation of common children.
4. ECONOMIC ABUSE
It refers to acts that make or attempt to
make a woman financially dependent which
includes, but is not limited to the following:
(a) Withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases
wherein the other spouse/partner
objects on valid, serious and moral
grounds as defined in Article 73 of the
Family Code;
(b) Deprivation or threat of deprivation of
financial resources and the right to the
use and enjoyment of the conjugal,
community or property owned in
common;
(c) Destroying household property;
(d) Controlling the victims' own money or
properties or solely controlling the
conjugal money or properties.
PUNISHABLE ACTS OF VIOLENCE:
Under Section 5, the crime of violence against
women and their children is committed through
any of the following acts:
1. Causing physical harm to the woman or her
child;
2. Threatening to cause the woman or her child
physical harm;
3. Attempting to cause the woman or her child
physical harm;
295
4. Placing the woman or her child in fear of
imminent physical harm;
5. Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right
to desist from or desist from conduct which
the woman or her child has the right to
engage in, or attempting to restrict or
restricting the woman's or her child's
freedom of movement or conduct by force or
threat of force, physical or other harm or
threat of physical or other harm, or
intimidation directed against the woman or
child. This shall include, but not limited to,
the following acts committed with the
purpose or effect of controlling or restricting
the woman's or her child's movement or
conduct:
(a) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(b) Depriving or threatening to deprive the
woman or her children of financial
support legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
(c) Depriving or threatening to deprive the
woman or her child of a legal right;
(d) Preventing the woman in engaging in
any legitimate profession, occupation,
business or activity or controlling the
victim's own mon4ey or properties, or
solely controlling the conjugal or
common money, or properties;
6. Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
7. Causing or attempting to cause the woman
or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or
her child or her/his immediate family;
8. Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but
not be limited to, the following acts:
(a) Stalking or following the woman or her
child in public or private places;
(b) Peering in the window or lingering
outside the residence of the woman or
her child;
(c) Entering or remaining in the dwelling or
on the property of the woman or her
child against her/his will;
(d) Destroying the property and personal
belongings or inflicting harm to animals
or pets of the woman or her child; and
(e) Engaging in any form of harassment or
violence;
9. Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children.
BATTERED WOMAN SYNDROME
It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a
result of cumulative abuse.
BATTERED WOMAN
It is a woman who is repeatedly subjected to any
forceful physical or psychological behavior by a
man in order to coerce her to do something he
wants her to do without concern for her rights.
Battered women include wives or women in any
form of intimate relationship with men (People
vs. Genosa; January 15, 2004).
CYCLE OF VIOLENCE
The battered woman syndrome is characterized
by the so-called "cycle of violence,” which has
three (3) phases:
(d) The tension-building phase;
(e) The acute battering incident; and
(f) The tranquil, loving (or, at least,
nonviolent) phase.
296
“BWS” AS A DEFENSE
Victim-survivors who are found by the courts to
be suffering from Battered Woman Syndrome do
NOT incur any criminal and civil liability
notwithstanding the absence of any of the
elements for the justifying circumstances of self-
defense under the RPC (Section 26).
NOTE: Existence of BWS in a relationship does
NOT in itself establish the legal right of a woman
to kill her abusive partner.
Taken altogether, the following circumstances
could satisfy the requisites of self-defense:
4. Each of the phases of the cycle of violence
must be proven to have characterized at
least two (2) battering episodes between the
appellant and her intimate partner.
5. The final acute battering episode preceding
the killing of the batterer must have
produced in the battered person's mind an
actual fear of an imminent harm from her
batterer and an honest belief that she
needed to use force in order to save her life.
1. Barangay Protection Order (BPO)
It refers to the protection order issued by
the Punong Barangay ordering the
perpetrator to desist from committing acts
under Section 5 (a) and (b), R.A. 9262.
It is issued to the applicant on the date of
filing after ex parte determination of the
basis of the application.
BPOs shall be effective for 15 days.
2. Temporary Protection Order (TPO)
It refers to the protection order issued by the
court on the date of filing of the application
after ex parte determination that such order
should be issued.
It shall be effective for 30 days.
NOTE: The court shall schedule a hearing
on the issuance of a PPO prior to or on the
date of the expiration of the TPO.

6. At the time of the killing, the batterer must
have posed probable – not necessarily
immediate and actual – grave harm to the
accused, based on the history of violence
perpetrated by the former against the latter
(People vs. Genosa; January 15, 2004).
VENUE
General Rule: RTC designated as Family Court
has original and exclusive jurisdiction.
3. Permanent Protection Order (PPO)
It refers to protection order issued by the
court after notice and hearing.
It shall be effective until revoked by a court
upon application of the person in whose
favor the order was issued.

Exception: In the absence of such court in the

place where the offense was committed, the
case shall be filed in the RTC where the crime or
any of its elements was committed at the option
of the compliant. (Section 7).

PROTECTION ORDER
It is an order issued for the purpose of
preventing further acts of violence against a
woman or her child and granting other
necessary relief. The reliefs granted under a
protection order serve the purpose of
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily
life, and facilitating the opportunity and ability of
the victim to independently regain control over
her life (Section 8).

Protection Orders Issued under R.A. 9262:

297
 ANTI-CHILD PORNOGRAPHY ACT
(Republic Act No. 9775)
CHILD PORNOGRAPHY
It refers to any representation, whether visual,
audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic
or any other means, of child engaged or
involved in real or simulated explicit sexual
activities.
• CHILD
It refers to a person below 18 years of age,
or over but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also
refer to:
(a) A person, regardless of age, who is
presented, depicted or portrayed as a
child as defined herein; and
(b) Computer-generated, digitally or
manually crafted images or graphics of
a person who is represented or who is
made to appear to be a child as defined
herein.
• EXPLICIT SEXUAL ACTIVITY
It includes actual or simulated –
(1) Sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same
or opposite sex;
(2) Bestiality;
(3) Masturbation;
(4) Sadistic or masochistic abuse;
(5) Lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
(6) Use of any object or instrument for
lascivious acts.
PROHIBITED ACTS
1. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
2. To produce, direct, manufacture or create
any form of child pornography;
3. To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
4. To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided, That possession of
three (3) or more articles of child
pornography of the same form shall be
prima facie evidence of the intent to sell,
distribute, publish or broadcast;
5. To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to dens,
private rooms, cubicles, cinemas, houses or
in establishments purporting to be a
legitimate business;
6. For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
7. For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
8. To engage in the luring or grooming of a
child;
NOTES:
• "Luring" refers to the act of
communicating, by means of a
computer system, with a child or
someone who the offender believes to
be a child for the purpose of facilitating
the commission of sexual activity or
production of any form of child
pornography.
• "Grooming" refers to the act of
preparing a child or someone who the
offender believes to be a child for sexual
activity or sexual relationship by
communicating any form of child
pornography. It includes online
enticement or enticement through any
other means.
9. To engage in pandering of any form of child
pornography
298
 NOTE: "Pandering" refers to the act of
offering, advertising, promoting,
representing or distributing through any
means any material or purported material
that is intended to cause another to believe
that the material or purported material
contains any form of child pornography,
regardless of the actual content of the
material or purported material. (Section 3(j)).
10. To willfully access any form of child
pornography;
11. To conspire to commit any of the prohibited
acts stated in this section.
its maximum duration; Provided, That this
provision shall NOT apply to Section 4(g);
(b) If the offender is a juridical person, the
penalty shall be imposed upon the owner,
manager, partner, member of the board of
directors and/or any responsible officer who
participated in the commission of the crime
or shall have knowingly permitted or failed to
prevent its commissions;
(c) If the offender is a foreigner, he/she shall be
immediately deported after the complete
service of his/her sentence and shall forever
be barred from entering the country; and

NOTE: Conspiracy to commit any form of
child pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission of
any of the said prohibited acts and decide to
commit it.
(d) The penalty provided for in this Act shall be
imposed in its maximum duration if the
offender is a public officer or employee.
(Section 16, R.A. 9775).

12. To possess any form of child pornography.

SYNDICATED CHILD PORNOGRAPHY

It is deemed committed by a syndicate if carried
out by a group of three (3) or more persons
conspiring or confederating with one another
(Section 5).

OTHER PERSONS LIABLE:

1. An internet content host who knowingly,
willfully and intentionally violates Sec. 11;
2. Any internet service provider (ISP) found
guilty of willfully and knowingly failing to
comply with the notice and installation
requirements under Section 9; and
3. Any mall owner-operator and owner or
lessor of other business establishments
including photo developers, information
technology professionals, credit card
companies and banks, found guilty of
willfully and knowingly failing to comply with
notice requirements under Section 10; and
4. Any person who violates the confidentiality
provisions under Section 13.

COMMON PENAL PROVISIONS

(a) If the offender is a parent, ascendant,
guardian, step-parent or collateral
relativewithin the third degree of
consanguinity or affinity or any person
having control or moral ascendancy over the
child, the penalty provided herein shall be in

299
 ANTI-HAZING LAW
(Republic Act No. 8049)
HAZING
It is an initiation rite or practice as a prerequisite
for admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or
humiliating situations such as forcing him to do
menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical
or psychological suffering or injury.
NOTE: BUT, the physical, mental and
psychological testing and training procedure and
practices to determine and enhance the
physical, mental and psychological fitness of
prospective regular members of the AFP and the
PNP as approved by the DND Secretary and the
NPC, duly recommended by the AFP Chief of
Staff and the PNP Director General shall NOT
be considered as hazing.
• ORGANIZATION
This includes any club, or the AFP, PNP,
PMA, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army
Training.
RULES ON THE CONDUCT OF HAZING:
No hazing in any form or manner shall be
allowed without prior written notice to the school
authorities seven (7) days before the conduct of
such initiation.
The written notice shall indicate:
(a) The period of the initiation activities which
shall not exceed three (3) days,
(b) The names of those to be subjected to such
activities, and
(c) An undertaking that no physical violence
shall be employed during the rites. (Section
2)
The head of the school or organization or their
representatives must assign at least two (2)
representatives of the school or organization, as
the case may be, to be present during the
initiation. It is the duty of such representative to
see to it that no physical harm of any kind shall
be inflicted upon a recruit, neophyte or applicant.
(Section 3)
PERSONS LIABLE:
5. PRINCIPALS
(a) The officers and members of the
fraternity, sorority or organization who
actually participated in the infliction of
physical harm;
(b) The officers, former officers, or
alumni of the organization, group,
fraternity or sorority who actually
planned the hazing although not
present when the acts constituting the
hazing were committed;
(c) A fraternity or sorority's adviser who
is present when the acts constituting the
hazing were committed and failed to
take action to prevent the same from
occurring; and
(d) The parents, if the hazing is held in the
home of one of the officers or
members of the fraternity, sorority or
organization, who have actual
knowledge of the hazing conducted
therein but failed to prevent the same.
6. ACCOMPLICES
(a) The owner of the place where the
hazing is conducted, when he has
actual knowledge of the hazing
conducted therein but failed to take any
action to prevent the same from
occurring; and
(b) The school authorities including
faculty members who consent to the
hazing, or who have actual knowledge
thereof but failed to take any action to
prevent the same.
PRESUMPTION:
The presence of any person during the hazing is
prima facie evidence of participation therein as a
principal unless he prevented the commission of
the prohibited acts.
NOTE: Any person charged under this provision
shall NOT be entitled to the mitigating
circumstance that there was no intention to
commit so grave a wrong.
300
 SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION
AND DISCRIMINATION ACT
(Republic Act No. 7610)
CHILD ABUSE
It refers to the maltreatment, whether habitual or
not, of the child which includes any of the
following:
(a) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
(b) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(c) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or
(d) Failure to immediately give medical
treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent incapacity
or death. (Section 3(b)).
PUNISHABLE ACTS
CHILD PROSTITUTION AND
OTHER SEXUAL ABUSE
NOTE: Children, whether male or female, who
for money, profit, or any other consideration or
due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse
or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
1. Engaging in or promoting, facilitating or
inducing child prostitution which include, but
are not limited to, the following:
(a) Acting as a procurer of a child prostitute;
(b) Inducing a person to be a client of a
child prostitute by means of written or
oral advertisements or other similar
means;
(c) Taking advantage of influence or
relationship to procure a child as
prostitute;
(d) Threatening or using violence towards a
child to engage him as a prostitute; or
(e) Giving monetary consideration goods or
other pecuniary benefit to a child with
intent to engage such child in
prostitution.
2. Commiting the act of sexual intercourse of
lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse;
NOTES:
• When the victim is under 12 years of
age, the perpetrators shall be
prosecuted under Article 335, par. 3 for
rape and Article 336 of RPC for rape or
lascivious conduct, as the case may be.
• The penalty for lascivious conduct when
the victim is under 12 years of age shall
be reclusion temporal in its medium
period; and
3. Deriving profit or advantage therefrom,
whether as manager or owner of the
establishment where the prostitution takes
place, or of the sauna, disco, bar, resort,
place of entertainment or establishment
serving as a cover or which engages in
prostitution in addition to the activity for
which the license has been issued to said
establishment
4. Attempting to commit child prostitution.
(a) There is an attempt to commit child
prostitution, under paragraph (a),
Section 5 when any person who, not
being a relative of a child, is found alone
with the said child inside the room or
cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar
establishments, vessel, vehicle or any
other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the
child is about to be exploited in
prostitution and other sexual abuse; and
(b) There is also an attempt to commit child
prostitution, under paragraph (b),
Section 5 when any person is receiving
services from a child in a sauna parlor
or bath, massage clinic, health club and
other similar establishments.
301
CHILD TRAFFICKING
1. Trading and dealing with children including,
but not limited to, the act of buying and
selling of a child for money, or for any other
consideration, or barter.
2. Attempt to commit child trafficking.
There is an attempt:
(a) When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the
Department of Social Welfare and
Development or written permit or
justification from the child's parents or
legal guardian;
(b) When a person, agency, establishment
or child-caring institution recruits women
or couples to bear children for the
purpose of child trafficking; or
(c) When a doctor, hospital or clinic official
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child trafficking;
or
(d) When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking.
OBSCENE PUBLICATIONS
AND INDECENT SHOWS
1. Hiring, employing, using, persuading,
inducing or coercing a child to perform in
obscene exhibitions and indecent shows,
whether live or in video, or model in obscene
publications or pornographic materials, or
selling or distributing said materials.
2. Any ascendant, guardian, or person
entrusted in any capacity with the care of a
child who shall cause and/or allow such
child to be employed or to participate in an
obscene play, scene, act, movie or show or
in any other acts.
OTHER ACTS OF ABUSE
Other acts of neglect, abuse, cruelty or
exploitation and other conditions prejudicial to
the child's development –
1. Any other acts of child abuse, cruelty or
exploitation or to be responsible for other
conditions prejudicial to the child's
development including those covered by
Article 59, P.D. 603, as amended, but not
covered by the Revised Penal Code.
2. Any person who shall keep or have in his
company a minor, 12 years or under, or who
is 10 years or more his junior in any public
or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna
or massage parlor, beach and/or other
tourist resort or similar places
NOTE: This provision shall NOT apply to
any person who is related within the fourth
degree of consanguinity or affinity or any
bond recognized by law, local custom and
tradition or acts in the performance of a
social, moral or legal duty.
3. Any person who shall induce, deliver or offer
a minor to any one prohibited by this Act to
keep or have in his company a minor as
provided in the preceding paragraph
4. Any person, owner, manager or one
entrusted with the operation of any public or
private place of accommodation, whether for
occupancy, food, drink or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described.
5. Any person who shall use, coerce, force or
intimidate a street child or any other child to;
(a) Beg or use begging as a means of
living;
(b) Act as conduit or middlemen in drug
trafficking or pushing; or
(c) Conduct any illegal activities.
NOTE: Victims of acts committed under Section
10 shall be entrusted to DSWD.
302
 JUVENILE JUSTICE AND WELFARE ACT
(Republic Act No. 9344)
CHILD
• It refers to a person under the age of
eighteen (18) years (Sec. 4(c)); or
• Persons above 18 years of age, but are
unable to protect themselves from abuse
due to physical or mental defect (under R.A.
7610; People v. Abell, 2009).
CLASSIFICATIONS OF CHILDREN:
1. CHILD AT RISK
It refers to a child who is vulnerable to and
at the risk of committing criminal offenses
because of personal, family and social
circumstances (Sec. 4(d)).
2. CHILD IN CONFLICT WITH THE LAW
It refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under Philippine laws.
EXEMPTION FROM CRIMINAL LIABILITY
2. A child 15 years of age or under at the time
of the commission of the offense; and
3. A child above 15 years but below 18 years
of age at the time of the commission of the
offense, unless he/she has acted with
discernment. (Section 6, as amended).
NOTES:
• However, they shall be subjected to the
intervention program under Section 20.
• The exemption from criminal liability herein
established does NOT include exemption
from civil liability.
OFFENSES NOT APPLICABLE TO MINORS
1. Prostitution under Article 202, RPC (NOTE:
Vagrancy is NO longer a crime by virtue of
R.A. 10158);
2. Mendicancy under P.D. 1563;
3. Sniffing rugby under P.D. 1619.
TREATMENT OF CHILDREN BELOW THE
AGE OF CRIMINAL RESPONSIBILITY
The authority which will have an initial contact
with the child, in consultation with the local
social welfare and development officer, has the
duty to immediately release the child to the
custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative.
The child shall be subjected to a community-
based intervention program supervised by the
local social welfare and development officer,
UNLESS the best interest of the child requires
the referral of the child to a youth care facility
or ‘Bahay Pag-asa’ managed by LGUs or
licensed and/or accredited NGOs monitored by
the DSWD.
The local SWDO shall determine the appropriate
programs for the child, in consultation with the
child and the person having custody over the
child.
If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child may be released to any of the
following:
(a) A duly registered nongovernmental or
religious organization;
(b) A barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC);
(c) A local social welfare and development
officer; or, when and where appropriate, the
DSWD.
If the child has been found by the local SWDO to
be dependent, abandoned, neglected or abused
by his/her parents and the best interest of the
child requires that he/she be placed in a youth
care facility or ‘Bahay Pag-asa’, the child’s
parents or guardians shall execute a written
authorization for the voluntary commitment of
the child.
• If the child has no parents or guardians or if
they refuse or fail to execute the written
authorization for voluntary commitment, the
proper petition for involuntary commitment
shall be immediately filed by the DSWD or
the LSWDO pursuant to P.D. 603 (The Child
and Youth Welfare Code) and the Supreme
Court rule on commitment of children:
Provided, further, That the minimum age for
children committed to a youth care facility or
‘Bahay Pag-asa’ shall be 12 years old.”
NOTES:
• A child who is above 12 years of age up to
15 years of age and who committed serious
crimes shall be deemed a NEGLECTED
child, and shall be mandatorily placed in a
special facility (Intensive Juvenile
303
 Intervention and Support Center) (Sec. 20-
A, R.A. 10630).

Serious crimes include –

(a) Parricide,
(b) Murder,
(c) Infanticide,
(d) Kidnapping and serious illegal detention
(victim is killed or raped),
(e) Robbery, with homicide or with rape,
(f) Destructive arson,
(g) Rape, or
(h) Carnapping where the driver or
occupant is killed or raped, or
(i) Offenses under R.A. 9165 punishable
by more than 12 years imprisonment.

REPETITION OF OFFENSES (Sec. 20-B)

A child who is above 12 years of age up to 15
years of age and who commits an offense for
the second time or oftener: Provided, That the
child was previously subjected to a community-
based intervention program, shall be deemed a
NEGLECTED CHILD, and shall undergo an
intensive intervention program.”

EXPLOITATION OF CHILDREN
Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of
the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty prescribed
by law for the crime committed in its maximum
period. (Section 20-C).

304
 ANTI-WIRETAPPING ACT admissible in evidence in any judicial, quasi-
(Republic Act No. 4200) judicial, legislative or administrative hearing or
investigation (Section 4).
PERSONS LIABLE:
1. Any person, not being authorized by all the
parties to any private communication or
spoken word, who taps any wire or cable, or,
by any other device or arrangement, secretly
overhears, intercepts, or records such
communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
or tape recorder, or however otherwise
described.

2. Any person who –

(a) Knowingly possesses any tape record,
wire record, disc record, or any other
such record, or copies thereof, of any
communication or spoken word secured
in the manner prohibited by this law; or
(b) Replays the same for any other person
or persons; or
(c) Communicates the contents thereof,
either verbally or in writing, or
(d) Furnishes transcriptions thereof,
whether complete or partial, to any other
person.

3. Any person who –

(a) Willfully or knowingly does, or aids,
permits, or causes to be done any of the
acts declared to be unlawful in Section
1, or
(b) Violates the provisions of Section 3 or of
any order issued thereunder, or
(c) Aids, permits, or causes such violation
of Section 3 or orders issued.

EXCEPTIONS TO THE ABOVE ACTS:

1. Recording of public communications or
those involving public interests; and
2. When the punishable act is done by any
peace officer, who is authorized by a written
order of the Court, in crimes of treason,
espionage, war, piracy, mutiny, rebellion,
sedition, kidnapping, and other crimes
against national security.

EXCLUSIONARY RULE
Any communication or spoken word, or the
existence, contents, substance, purport, effect,
or meaning of the same or any part thereof, or
any information therein contained obtained or
secured by any person in violation of the
preceding sections of this Act shall not be

305
 ANTI-FENCING LAW A fence is punished An accessory under the
(Presidential Decree No. 1612) as a principal under RPC is punished two
P.D. 1612 and the degrees lower than the
FENCING penalty is higher. principal, UNLESS he
It is the act of any person who, with intent to bought or profited from
gain for himself or for another, shall buy, the proceeds of theft or
receive, possess, keep, acquire, conceal, sell, or robbery arising from
dispose of, or shall buy and sell, or in any other robbery in Philippine
manner deal any article, item, object or anything Highways under P.D.
of value which he knows, or should be known to 532, where he is
him, to have been derived from the proceeds of punished as an
the crime of robbery or theft. accomplice, hence the
penalty is one degree
PRESUMPTION: lower.
Mere possession of any good, article, item, Fencing is malum
object, or anything of value which has been the prohibitum and
subject of robbery or thievery shall be prima therefore there is no
facie evidence of fencing. need to prove
criminal intent of the
ELEMENTS: accused.
1. Robbery or theft has been committed.
2. The accused, who is NOT a principal or
accomplice in the crime of robbery or theft,
buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and
sells, or in any manner deals in any article,
item, object, or anything of value, which has
been derived from the proceeds of the said
crime.
3. The accused knows or should have known
that the said article, item, object or anything
of value has been derived from the proceeds
of robbery or theft.
4. There is, on the part of the accused, intent
to gain for himself or another.

CLEARANCE OR PERMIT TO SELL:

(a) All stores, establishments or entities dealing
in the buy and sell of any good, article, item,
object or anything of value shall, before
offering the same for sale to the public,
secure the necessary clearance or permit
from the station commander of the
Integrated National Police in the town or city
where such store, establishment or entity is
located.
(b) Any person who fails to secure the required
clearance/permit shall also be punished as a
fence.

NOTE: Robbery or theft and fencing are

separate and distinct offenses.

ACCESSORY TO
FENCE
THEFT OR ROBBERY

306
 BOUNCING CHECKS LAW
(Batas Pambansa Blg. 22)
PUNISHABLE ACTS:
1. Making or drawing and issuing a check
knowing at the time of issue that he does not
have sufficient funds.
ELEMENTS:
(a) A person draws a check
(b) The check is made or drawn and issued
to apply on account or for value.
(c) The person knows that at the time of
issue he does not have sufficient funds
in or credit with the drawee bank for the
payment of such check upon its
presentment.
(d) The check is subsequently dishonored
by the drawee bank for insufficiency of
funds or credit, or would have been
dishonored for the same reason had not
the drawer, without any valid reason,
ordered the bank to stop payment.
NOTE:
Check may be made or drawn and issued:
(a) To apply on account: Hence, The
accused will be liable for the dishonor of
the check even if it was issued in
payment of a pre-existing legal
obligation as he issued that check “to
apply on account.
(b) For value.
2. Failing to keep sufficient funds to cover
check if presented within a period of 90 days
from the date appearing thereon.
ELEMENTS:
(a) A person has sufficient funds with the
drawee bank when he makes or issues
a check
(b) He fails to keep sufficient funds or to
maintain a credit to cover the full
amount if presented within a period of
90 days from the date of appearing
thereon.
(c) The check is dishonored.
NOTES:
• The gravamen of B.P. 22 is the issuance of
a bum check, not the nonpayment of the
obligation.
• Lack of written notice of dishonor is fatal. A
mere oral notice or demand to pay would
appear to be insufficient for conviction.
(Domagsang vs. Court of Appeals;
December 5, 2000).
• Notice of dishonor to the corporation is NOT
notice to officer who issued the check
(Marigumen v. People; May 26, 2005).
PRESUMPTION OF KNOWLEDGE:
The making or drawing and issuance of a check
payment of which is refused by the drawee bank
because of insufficient funds in or credit with
such bank, when presented within 90 days from
the date of the check, shall be prima facie
knowledge of such insufficiency of funds,
UNLESS the drawer or maker pays the holder
the amount due thereon, or makes
arrangements for the payment thereof by the
drawee, within five (5) banking days after receipt
of notice that the check was dishonored.
(Section 2, B.P. 22).
EXCEPTIONS TO THIS PRESUMPTION
This presumption of knowledge of insufficiency
of funds does NOT arise:
1. When the check is presented after 90 days
from the date of the check;
2. When the drawer or maker pays the holder
the amount due thereon within five (5)
banking days after receipt of notice that the
check was dishonored, or
3. When the drawer makes arrangements for
the payment thereof by the drawee, within
five (5) banking days after receipt of notice
that the check was dishonored.
4. When notice of non-payment by the drawee
bank is not sent to the maker or drawer of
the check, or if there is no proof as to when
such notice was received by the drawer,
since there would be no way of reckoning
the crucial 5-day period (Danao vs. Court of
Appeals; June 6, 2001).
UnderSC Administrative Circular 12-2000,
where the circumstances of both the offense and
the offender clearly indicate good faith or a clear
mistake of fact without taint of intelligence, the
imposition of fine alone should be considered as
the more appropriate penalty.
NOTE: It merely lays down a rule of preference
in the application of the penalties provided for in
B.P. 22. The circular does NOT delete the
penalty of imprisonment, for should the judge
307
decide that imprisonment is the more liable. indorser are both liable.
appropriate penalty, the circular ought not to be
Drawer is given 5 Drawer is given 3 days
a hindrance (as clarified by SC Administrative
days to make to make arrangements
Circular No. 13-2001).
arrangements of of payment after receipt
payment after receipt of notice of dishonor.
OTHER NOTES:
of notice of dishonor.
• Prosecution under B.P. 22 shall be without
prejudice to any liability for any violation of
the Revised Penal Code.

• The fine under B.P. 22 is based on the

amount of the check and is without regard to
the amount of damage caused.

• Double jeopardy does NOT apply because

RPC is a distinct crime from B.P. 22. Deceit
and damage are essential elements of RPC,
which are not required in B.P. 22. (Nierras
vs. Dacuycuy, 1990).

• The element of damage or prejudice

capable of pecuniary estimation may consist
in:
1. The offended party being deprived of his
money or property, as result of the
fraud;
2. Disturbance in property right; or
3. Temporary prejudice.

B.P. 22 ESTAFA
Malum prohibitum Mala in se
It is a crime against It is a crime against
public interest. property.
Deceit is not Deceit is an element.
required.
It punishes the The act constituting the
making or drawing of offense is postdating or
any check that is issuing a check in
subsequently payment of an
dishonored, whether obligation when the
issued in payment of offender has no funds in
an obligation or to the bank or his funds
merely guarantee an deposited therein were
obligation. not sufficient to cover
the amount of the
check.
There is violation if There is no violation if
check is issued in check is issued in
payment of a pre- payment of a pre-
existing obligation. existing obligation.
Damage is not There must be damage.
required.
Only the drawer is The drawer and

308
 ANTI-CARNAPPING LAW
(Republic Act No. 6539)
PUNISHABLE ACTS:
1. CARNAPPING
It is the taking, with intent to gain, of a motor
vehicle belonging to another, without the
latter's consent or by means of violence
against or intimidation of persons, or by
using force upon things.
ELEMENTS OF CARNAPPING:
1. There is actual taking of the vehicle.
2. The vehicle belongs to a person other
than the offender himself.
3. The taking is –
(a) Without the consent of the owner; or
(b) Committed by means of violence
against or intimidation of persons, or
by using force upon things.
4. The offender intends to gain from the
taking of the vehicle. (People vs. Lagat;
September 4, 2011).
2. Defacing or otherwise tampering with the
original or registered serial number of motor
vehicle engines, engine blocks and chassis.
REGISTRATION
Every owner or possessor of unregistered motor
vehicle or parts thereof in knock down condition
shall register with the LTC the –
(a) Motor vehicle engine,
(b) Engine block, and
(c) Chassis.
NOTE: All owners of motor vehicles in all
cities and municipalities are required to
register their cars with the local police
without paying any charges.
All motor vehicle engines, engine blocks and
chassis not registered shall be considered as
untaxed importation or coming from an illegal
source or carnapped, and shall be confiscated in
favor of the Government.
Every sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine
block or chassis of a motor vehicle shall be
registered with the Land Transportation
Commission (Section 5).

NOTE: "Defacing or tampering with" a serial

number is the erasing, scratching, altering or
changing of the original factory-inscribed
serial number on the motor vehicle engine,
engine block or chassis of any motor
vehicle. Whenever any motor vehicle is
found to have a serial number on its motor
engine, engine block or chassis which is
different from that which is listed in the
records of the Bureau of Customs for motor
vehicles imported into the Philippines, that
motor vehicle shall be considered to have a
defaced or tampered with serial number.

PERSONS LIABLE:
1. Any person, including aliens, who violated
any of the provisions of this Act;
2. Juridical person who violates any of the
provisions of this Act shall be punished
through its president, secretary, members of
the board, or any officer who directly
participated in the violation; and
3. Any government official or employee who
directly commits the unlawful acts, or is
guilty of gross negligence of duty, or
connives with, or permits the commission of
the unlawful acts.

309
 ANTI-CATTLE RUSTLING LAW
(Presidential Decree No. 533)
CATTLE RUSTLING
Itis the (a) taking away (b) by means, methods
or schemes, (c) without the consent of the
owner/raiser, (d) of any large cattle whether or
not for profit, or whether committed with or
without violence against or intimidation of person
or force upon things. It includes killing of large
cattle, taking its meat or hide without the
consent of owner/raiser.
LARGE CATTLE
It includes cow, carabao, horse, mule, ass, other
domesticated member of bovine family.
NOTE: A goat is not included because it is not
large. (Boado, supra.)
PRESUMPTION
Every person in possession of large cattle shall
upon demand by competent authorities exhibit
required documents. Failure to do so is prima
facie evidence that large cattle in possession are
fruits of crime of cattle rustling.
NOTES:
• Killing of owner is absorbed in cattle rustling.
(Boado, supra.)
• Considering that the gravamen of the crime
is the taking or killing of large cattle or taking
its meat or hide without the consent of the
owner or raiser, conviction for the same
need only be supported by the fact of taking
without the cattle owner’s consent. There is
a disputable presumption that a person
found in possession of a thing taken in the
doing of a recent wrongful act is the taker
and the doer of the whole act (Ernesto Pil-ey
vs. People, 2007).
LAW ON ILLEGAL FISHING
(Presidential Decree No. 534)
ILLEGAL FISHING
It is the act of any person to catch, take or
gather or cause to be caught, taken or gathered
fish or fishery/aquatic products in Philippine
waters with the use of explosives, obnoxious or
poisonous substances or by the use of
electricity.
PROHIBITION:
1. Illegal Fishing:
It shall be unlawful for any person to catch,
take or gather or cause to be caught, taken,
or gathered fish or fishery/aquatic products
in the Philippine waters with the use of
explosives, obnoxious or poisonous
substances or by the use of electricity.
2. Dealing in Illegally Caught Fish or
Fishery or Aquatic Products:
Any person who knowingly possesses, deals
in, sells or in any manner disposes of, for
profit, any fish or fishery/aquatic products
which have been illegally caught, taken or
gathered shall upon conviction by a
competent court, be punished by
imprisonment of two (2) to six (6) years.
HIGHGRADING OR THEFT OF GOLD
(Presidential Decree No. 581)
HIGHGRADING OR THEFT OF GOLD
It is the act of any person who shall take gold-
bearing ores or rocks from a mining claim or
mining camp or shall remove, collect or gather
gold-bearing ores or rocks in place or shall
extract or remove the gold; from such ores or
rocks, or shall prepare and treat such ores or
rocks to recover or extract the gold content
thereof, without the consent of the operator of
the mining claim.
ELEMENTS:
1. The offender commits any of the following:
(a) Take gold- bearing ores or rocks from a
mining claim or mining camp;
(b) Remove, collect or gather gold-bearing
ores or rocks in place;
(c) Extract or remove the gold; from such
ores or rocks; or
(d) Prepare and treat such ores or rocks to
recover or extract the gold content
thereof.
2. Such acts are without the consent of the
operator of the mining claim.
PRESUMPTION:
Unauthorized possession by any person within a
mining claim or mining camp of gold-bearing
ores or rocks, or of gold extracted or removed
from such ores or rocks, shall be prima facie
evidence that they have been stolen from the
operator of a mining claim. (Section 2)
310
 ANTI-PHOTO AND VIDEO VOYEURISM ACT
(Republic Act No. 9995)
PHOTO OR VIDEO VOYEURISM
It means the act of taking photo or video
coverage of a person or group of persons
performing sexual act or any similar activity or of
capturing an image of the private area of a
person or persons without the latter's consent,
under circumstances in which such person/s
has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
device without the written consent of the
person/s involved, notwithstanding that consent
to record or take photo or video coverage of
same was given by such persons.
The prohibition under paragraphs (b), (c) and (d)
shall apply notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person
who violates this provision shall be liable for
photo or video voyeurism as defined herein.
(Section 4, R.A. 9995).
EXEMPTION:
It is not unlawful for any peace officer, who is
authorized by a written order of the court, to use
the record or any copy thereof as evidence in
any civil, criminal investigation or trial of the
crime of photo or video voyeurism.

PROHIBITED ACTS

It is hereby prohibited and declared unlawful for

any person:

(a) To take photo or video coverage of a person

or group of persons performing sexual act or
any similar activity or to capture an image of
the private area of a person/s such as the
naked or undergarment clad genitals, public
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s
has/have a reasonable expectation of
privacy;

(b) To copy or reproduce, or to cause to be

copied or reproduced, such photo or video
or recording of sexual act or any similar
activity with or without consideration;

(c) To sell or distribute, or cause to be sold or

distributed, such photo or video or recording
of sexual act, whether it be the original copy
or reproduction thereof; or

(d) To publish or broadcast, or cause to be

published or broadcast, whether in print or
broadcast media, or show or exhibit the
photo or video coverage or recordings of
such sexual act or any similar activity
through VCD/DVD, internet, cellular phones
and other similar means or device.

311
 CYBERCRIME PREVENTION ACT
(Republic Act No. 10175)
The Cybercrime Prevention Act of 2012 (R.A.
10175) provides for three (3) classifications for
cybercrimes:
(a) Offenses against the confidentiality,
integrity, and availability of computer data
and systems;
(b) Computer-related offenses; and
(c) Content-related offenses. The law also
provides for a couple of other offenses.
OFFENSES AGAINST THE
CONFIDENTIALITY, INTEGRITY AND
AVAILABILITY OF COMPUTER
DATA AND SYSTEMS
(Section 4(a))
1. Illegal Access
It is the access to the whole or any part of a
computer system without right.
2. Illegal Interception:
It isthe interception made by technical
means without right of any non-public
transmission of computer data to, from, or
within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
NOTE: Interception refers to listening to,
recording, monitoring or surveillance of the
content of communications, including
procuring of the content of data, either
directly, through access and use of a
computer system or indirectly, through the
use of electronic eavesdropping or tapping
devices, at the same time that the
communication is occurring.
3. Data Interference:
It is the intentional or reckless alteration,
damaging, deletion or deterioration of
computer data, electronic document, or
electronic data message, without right,
including the introduction or transmission of
viruses.
4. System Interference:
It is the intentional alteration or reckless
hindering or interference with the functioning
of a computer or computer network by
inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing
computer data or program, electronic
document, or electronic data message,
without right or authority, including the
introduction or transmission of viruses.
5. Misuse of Devices:
(a) The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
(1) A device, including a computer program,
designed or adapted primarily for
purposes of committing any of the
offenses under this Act; or
(2) A computer password, access code, or
similar data by which the whole or any
part of a computer system is capable of
being accessed with intent that it be
used for the purpose of committing any
of the offenses under this Act;
(b) The possession of an item referred to in [i-ii]
above with intent to use said devices for the
purpose of committing any of the offenses
under this Section
6. Cyber-Squatting: the acquisition of a
domain name over the internet in bad faith
to profit, mislead, destroy reputation, and
deprive others from registering the same, if
such a domain name is:
(b) Similar, identical, or confusingly similar
to an existing trademark registered with
the appropriate government agency at
the time of the domain name
registration:
(c) Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name;
and
(d) Acquired without right or with
intellectual property interests in it
COMPUTER-RELATED OFFENSES
(Section 4(b))
1. Computer-related Forgery
(a) The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and intelligible; or
312
 (b) The act of knowingly using computer
data which is the product of computer-
related forgery as defined herein, for the
purpose of perpetuating a fraudulent or
dishonest design.
2. Computer-related Fraud
It is the unauthorized input, alteration, or
deletion of computer data or program or
interference in the functioning of a computer
system, causing damage thereby with
fraudulent intent: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
CONTENT-RELATED OFFENSES
(Section 4(c))
1. Cybersex
It is the willful engagement, maintenance,
control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or
sexual activity, with the aid of a computer
system, for favor or consideration.
2. Child Pornography
It is the unlawful or prohibited acts defined
and punishable by R.A. 9775 (Anti-Child
Pornography Act of 2009), committed
through a computer system: Provided, That
the penalty to be imposed shall be (1) one
degree higher than that provided for in R.A.
9775.
3. Libel
It is the unlawful or prohibited acts of libel as
defined in Article 355 of the RPC as
amended, committed through a computer
system or any other similar means which
may be devised in the future
OTHER OFFENSES
(Section 5)
1. Aiding or abetting in the commission of
cybercrime: any person who willfully abets
or aids in the commission of any of the
offenses enumerated in this Act shall be
held liable
2. Attempt in the commission of
cybercrime: any person who willfully
attempts to commit any of the offenses
enumerated in this Act shall also be held
liable.
JURISDICTION
(Section 21)
The RTC shall have jurisdiction over any
violation of the provisions of this Act, including
any violation committed by a Filipino national
regardless of the place of commission.
IMPLICATION: Any RTC from anywhere in
the Philippines can exercise jurisdiction over
cybercrime cases, wherever the crime was
committed.
There shall be designated special cybercrime
courts manned by specially trained judges to
handle cybercrime cases.
IMPLICATION: The RTC takes cognizance
of cybercrime cases by acting as a special
cybercrime court.
WHEN JURISDICTION LIES:
(a) If any of the elements was committed within
the Philippines or committed with the use of
any computer system wholly or partly
situated in the country; or
(b) When by such commission any damage is
caused to a natural or juridical person who,
at the time the offense was committed, was
in the Philippines
NOTES: In Dissini v. Secretary of Justice
(February 11, 2014), the Supreme Court
declared the following Sections of R.A. 10175 to
be UNCONSTITUTIONAL:
1. Section 4(c)(3) which pertains to unsolicited
commercial communications;
2. Section 12 which pertains to real-time
collection of traffic data; and
3. Section 19 which pertains to restricting or
blocking access to computer data.
313
 ANTI-BULLYING ACT
(Republic Act No. 10627)

BULLYING
It refers to any severe or repeated use by one or
more students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another student
that has the effect of actually causing or placing
the latter in reasonable fear of physical or
emotional harm or damage to his property;
creating a hostile environment at school for the
other student; infringing on the rights of the other
student at school; or materially and substantially
disrupting the education process or the orderly
operation of a school.

Bullying includes, but is not limited to, the

following acts:

(a) Any unwanted physical contact between the

bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling,
headlocks, inflicting school pranks, teasing,
fighting and the use of available objects as
weapons;

(b) Any act that causes damage to a victim’s

psyche and/or emotional well-being;

(c) Any slanderous statement or accusation that

causes the victim undue emotional distress
like directing foul language or profanity at
the target, name-calling, tormenting and
commenting negatively on victim’s looks,
clothes and body; and

(d) Cyber-bullying or any bullying done through

the use of technology or any electronic
means.

314