Marie Siton, R.N. UP LAW 2016: Atty

Atty. Marie Siton, R.N.
UP LAW 2016
ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

WHAT AFFECTS LIABILITY
TITLE 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
114 TREASON 1. Offender is a Filipino citizen or an alien residing in Treason is a continuous offense It is against national security, while sedition
Breach of allegiance to the Ph; owes allegiance to the Govt of the Ph (causing public and tumultuous disturbances
a government - if Filipino citizen place of commission could be anywhere Treaspn cannot be complexed in one country) is against the fundamental
committed by a person 2. There is a war in which the Ph is involved with other crimes; it absorbs law of the state.
who owes allegiance to 3. The offender either crimes in furtherance thereof.
it. LEVIES WAR AGAINST THE GOVERNMENT
It is not necessary that > for the purpose of delivering the country to an Inherent in treason: Evident P,
there is a formal EXTERNAL ENEMY and not merely to an internal Abuse of superior strength,
declaration of rebellious force or uprising) Treachery
existence of a state of > with intent to overthrow the govt
war. Actual hostilities ADHERES TO THE ENEMIES BY GIVING THEM Aggravating:
may determine the AID/COMFORT Ignominy, cruelty, amount or
date of the > adherence to the enemies, giving them aid or comfort. degree of aid, gravity of distinct
commencement of > both adherence or and the giving of aid or comfort to acts of treason
war. the enemy must concur.
> ADHERENCE MAY BE PROVED BY:
1. ONE WITNESS – a disloyal state of mind cannot and
need not be proved by deposition of 2 witness; from the
nature of the act itself; or from the circumstances
surrounding the act.2
> GIVING AID OR COMFORT (act which strengthens
enemy/weakens the power of the country to resist or
attack) MAY BE PROVED BY:
1. Testimony of 2 witnesses , atleast to the same overt
act (TWO WITNESS RULE), if separate acts, two w. must
also testify to each part of the overt act.
2. Confession of guilt in open court.
115 CONSPIRACY AND Committed in time of war, two or more persons come to
PROPOSAL TO an agreement to levy war against the Govt or adhere to
COMMIT TREASON the enemies and give them aid or comfort.
PROPOSAL to commit treason: committed when in time of

war, a person who has decided to levy war against the
Govt or to adhere / give aid and comfort, proposes its
execution to some other person or pwersons.
116 MISPRISION OF 1. Offender is a citizen of the Ph – not foreigner; a n/a when the crimes has already 2 days - NOT AS SOON AS POSSIBLE
TREASON resident alien cannot commit misprision of treason been committed.
2. He has knowledge of any conspiracy against the
Failure of a citizen to Govt Penalty imposed is that of an
report as soon as 3. The conspiracy is one to commit treason and accessory to the crime of
possible a conspiracy 4. He conceals OR DOES NOT DISCLOSE and make treason, but still is a principal in
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which comes to his known the same as soon as possible, to the misprision.
knowledge. But there proper authority.
must be a war in which
the ph is involved!
117 ESPIONAGE 1. Entering without authority a warsip fort or Espionage and treason both are not
Gathering, transmitting military or naval establishment, to obtain any conditioned by the citizenship;
or losing info information, plans, photographs, or other
respecting national confidential data; relative to the defense of the May be committed both in time of peace and
defense with intent to Philippines. war. And in more ways than 2.
reason to believe that in this mode espionage is committed BY THE
the information is to be MERE ENTRY OF THE ACCUSED WIHTOUT
used to the injury of AUTHORITY + intent to obtain info
the RP. 2. Disclosing to the representative of a foreign
nation the contents of the articles , data or info
referred to above, which he has in his
possession by reason of the pubic office he
holds.
- Public officer + in possession of the
articles, data, info + discloses contents to a
rep of a foreign nation.
118 INCITING TO WAR OR Offender performs unlawful or unauthorized acts that

GIVING MOTIVES FOR provoke or give occasion for a war involving or liable to
REPRISALS involve the Ph + expose Filipino citizens on their persons
and property.
Intention is immaterial. Penalized even if mere

imprudence. Committed in time of peace.
119 VIOLATION OF There is a war in which the PH is NOT involved;
NEUTRALITY There is a regulation issued by competent authority for
the purpose of enforcing neutrality.
The offender violates such regulation.
120 CORRESPONDENCE Made in time of war in which the PH is involved Qualifying:
WITH HOSTILE Offender makes correspondence with enemy country or 1. Notice or info might be
COUNTRY territory occupied by enemy troops; useful to the enemy
Correspondence is either- prohibited; or even if not 2. Offender intended to
prohibited carried in ciphers or conventional signs or aid the enemy
contains notice or infor which might be useful to the
enemy.
121 FLIGHT TO ENEMY’S There is a war in which Ph is involved An alien resident may be guilty
COUNTRY Offender owes allegiance to the Govt of flight to enemy country
Offender attempts to flee or go to the enemy country because an alien owes
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Going to the enemy country is prohibited by authority temporary allegiance to the gov.
Mere attempt consummates the
crime.
122 PIRACY IN GENERAL 2 ways of committing attack: Qualifying: Piracy is triable anywhere. It is a crime
AND MUTINY ON THE 1. By attacking or seizing a vessel on the high seas When accompanied by murder, against all mankind. Offender may be
HIGH SEAS OR IN PH or in Ph waters physical inj, homicide, rape punshied wherever he may be found.
WATERS 2. By seizing in the vessel while on the high seas
or in Ph waters the whole or part of its cargo its
Piracy: forcible equipment or personal belongings if tis
depredation on the complement or passengers.
high seas without Elements:
lawful authority and 1. That a vessel is on the high seas or in Ph waters
done with animo 2. That the offenders are not members of its
furandi (intention to complement or passengers
steal) and in the spirit 3. Offenders attack or seize the vessel OR seize
and intention of the whole or part of the cargo of said vessel, its
universal hostility. equipment or personal belongings of it
Priates are in law complement or passengers.
hostes humani generis. High seas: waters which are beyond the boundaries of
the low water mark; not included in the economic zone, t.
seas, or in internal waters/archipelagic waters of a state.
MUTINY: unlawful resistance to a superior, or the raising

of commotions or disturbances on board against the
authority of its commander, by members/crew of the v.
PD 532: ANTI PIRACY PIRACY UNDER PD 532: Compared with piracy: may be AIDING OR ABETTING PIRACY
AND ANTI HIGHWAY committed by attacking or seizing a vessel or by taking (aids or protects pirates +
ROBBERY away the whole or part of its cargo, equipment, or acquires or receives property
personal belongings of the vessel’s complement or taken by pirates + and abets
Punishable acts: passengers, BY MEANS OF VIOLENCE AGAINST OR commission of piracy) will be
1. Piracy INTIMIDATION OF PERSONS OR FORCE UPON THINGS. considered as an accomplice in
2. Hw robbery  may be committed by any person including a the commission of piracy
3. Aiding pirates or member of the complement of the v.
hw robbers  only in ph waters
/brigands,  becomes qualified when physical injuries or
abetting brigands other crimes are committed as a result of or on
occasion of, or when murder, homicide, rape, is
committed by reason or on occasion thereof.
123 QUALIFIED PIRACY 1. whenever the offenders have seized the vessel QUALIFIED MUTINY: when the
by boarding or firing upon the same, second or third circumstance
2. whenever the pirates have abandoned their accompanies the crime of
victims, without means of saving mutiny in 123*
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themselves
3. whenever the crimes is accompanied by
murder, homicide, physical inj , rape
RA 6235 ANTI Punishable acts: Qualifying for 1&2: When the aircraft is not in flgiths, the
HIJACKING LAW 1. Usurping or seizing control of an aircraft of Ph registry 1. when the offender has fired usurpation or seizure may amount to
while it is in flight, or compelling pilots to change its upon the pilot, crew coercion or threat. When death results,
course. – in flight member, or passenger or crime is homicide or murder.
2.Usurping or seizing control of an aircraft of foreign aircraft
registry while within Ph territory or compelling the pilots 2. when the offender has
thereof to land in any part of the Ph authority. – need not exploded or attempted to
be inflight exploded any bomb or
 in this act there is no need for aircraft be a public explosive to destroy aircraft
utility 3. when the crime is
accompanied by murder,
3. Shipping, loading or carrying in any passenger homicide, spi or rape. 
aircraft operating as a PUBLIC UTILITY within the common crimes are MERE
Ph SUBSTANCES WHICH ARE FLAMMABLE, CORROSIVE, AGGRAVATING; NOT
EXPLOSIVE, OR POISONOUS SUBSTANCES. - Mere SEPARATE OR COMPLEXED
carrying/loading with hijacking.
4. Shipping, loading or carrying in any cargo aircraft also No attempted hijacking, since it
as a PUB UTILITY within the Ph substances which are is punishable under a special law
flammable, corrosive, explosive, or poisonous, - if not and attempted stage is not
done in accordance with rules and regulations of ATO. punishable under special law.
TITLE 2: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
All offenses are required to be committed by public officers except offending the religious feelings
124 ARBITRARY 1. Offender is a public officer of employee If the detention is perpetrated by other
DETENTION 2. he detains a person public officers, not vested with authority ,
3. detention is without legal grounds. the crime is ILLEGAL DETENTION under
267, 278.
Public officers liable for arbitrary detention must be
vested with authority to detain or order detention of Generally committed thru arrests without
persons accused of a crime; but when they detain a warrant. UNLAWFUL ARREST IS ABSORBED
person they have no legal grounds. in A.Detention.
Kidnapping and illegal detention: the public

officer has no legal duty to detain a person
Unlawful arrest: crime against liberty;

offender is any person. The purpose of
arrest is to bring the victim to proper
authority and file a charge
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125 DELAY IN THE 1. That the offender is a public officer or employee A 125 applies only to arrests made
DELIVERY OF 2. That he has detained a person for some legal ground without a warrant. If the arrest was made
DETAINED PERSONS 3. That he fails to deliver such person to the proper pursuant to a warrant the prisoner is already
TO THE PROPER judicial authority within: deemed in the custody of the court and the
JUDICIAL a. 12 hours for offenses punishable by light officer has only to deliver him without
AUTHORITIES penalties or their equivalent unnecessary delay to the nearest police
b. 18 hours for offenses punishable by correctional station. If with warrant, he can be detained
Delivery: it does not penalties or their equivalent or indefinitely until case is decided or he posts
consist in a physical c. 36 hours for offenses punishable by afflictive bail.
delivery but in making penalties or their equivalent.
an accusation or Any police or law enforcement officer who having been Before the complaint or info is filed the
charge or filing of an duly authorized in writing by the Anti-terrorism council person arrested may request for a
information against the has taken custody of a person charged with or suspected preliminary investigation but he must sign a
person arrested with of the crime of terrorism or the crime of conspiracy to waiver of A125 in the presence of counsel.
the corresponding commit terrorism shall deliver said charged or suspected
court or judge. person to the proper judicial authority within a period of Like A. detention, there is also no warrant of
3 days counted from the moment the said charged arrest but there is legal ground. The
or suspected person has been apprehended or detention is legal in the beginning but the
arrested and taken into custody by the said police illegality of the detention starts from the
or law enforcement personnel. expiration of any of the periods of time in
A125 without the person detained having
been delivered to proper judicial authorities.
126 DELAYING RELEASE Elements:

1. offender is a public officer or employee
Punishable Acts 2. there is a judicial or executive order for the release of
1. by delaying the a prisoner or detention prisoner, or that there is a
performance of a proceeding upon a petition for the liberation of such
judicial or executive person. And
order for the release of 3. the offender without good reason delays either
a prisoner a. service of the notice of such judicial or executive order
2. by unduly delaying for the release of the prisoner
the service of the b. performance of such judicial or executive order for the
notice of such order to release of the prisoner
said prisoner and c. the proceedings upon a petition for the release of such
3. by unduly delaying person.
the proceedings upon
any petition for the
liberation of such
person.
RA 9745 ANTI Punishable Acts: acts of torture – which shall include but not limited (7) Maltreating a member/s of a person's family;
TORTURE ACT OF to the following:
(8) Causing the torture sessions to be witnessed by the person's family,
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2009 relatives or any third party;
(a) Physical torture is a form of treatment or punishment inflicted by
TORTURE: refers to an a person in authority or agent of a person in authority upon another in (9) Denial of sleep/rest;
act by which severe his/her custody that causes severe pain, exhaustion, disability or
pain or suffering dysfunction of one or more parts of the body, such as: (10) Shame infliction such as stripping the person naked, parading
whether physical or him/her in public places, shaving the victim's head or putting marks on
(1) Systematic beating, headbanging, punching, kicking, striking with his/her body against his/her will;
mental is intentionally
truncheon or rifle butt or other similar objects, and jumping on the
inflicted on a person
stomach; (11) Deliberately prohibiting the victim to communicate with any member
for such purposes as:
of his/her family; and
1. Obtaining
(2) Food deprivation or forcible feeding with spoiled food, animal or
information/confession human excreta and other stuff or substances not normally eaten; (12) Other analogous acts of mental/psychological torture.
2. Punishing for an act
a 3rd person has (3) Electric shock;
committed or is Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other
cruel, inhuman or degrading treatment or punishment refers to a deliberate and
suspected of having (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; aggravated treatment or punishment not enumerated under Section 4 of this Act,
committed by the rubbing of pepper or other chemical substances on mucous inflicted by a person in authority or agent of a person in authority against another
3. intimidating or membranes, or acids or spices directly on the wound(s); person in custody, which attains a level of severity sufficient to cause suffering,
coercing him/her a gross humiliation or debasement to the latter. The assessment of the level of
third person or for any (5) The submersion of the head in water or water polluted with severity shall depend on all the circumstances of the case, including the duration of
excrement, urine, vomit and/or blood until the brink of suffocation; the treatment or punishment, its physical and mental effects and, in some cases, the
reason based on sex, religion, age and state of health of the victim.
discrimination
(6) Being tied or forced to assume fixed and stressful bodily position; Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, An Absolute Bight. - Torture and other cruel, inhuman
(7) Rape and sexual abuse, including the insertion of foreign objects into and degrading treatment or punishment as criminal acts shall apply to all
the sex organ or rectum, or electrical torture of the genitals; 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
(8) Mutilation or amputation of the essential parts of the body such as battle" shall not and can never be invoked as a justification for torture and other
cruel, inhuman and degrading treatment or punishment.
the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth; Persons Liable:
1. Those who actually participated or induced another in the
(10) Pulling out of fingernails; commission of torture or other cruel, inhuman or degrading
treatment
(11) Harmful exposure to the elements such as sunlight and extreme 2. Those who cooperated in the execution of torture by
cold; previous simultaneous or acts
3. Any superior, military police or law enforcement or senior
(12) The use of plastic bag and other materials placed over the head to government official who issued any order to any lower
the point of asphyxiation; ranking personnel to commit torture for whatever purpose ,
held equally liable as principals
(13) The use of psychoactive drugs to change the perception, memory. 4. Immediate commanding officer of the unit of the AFP or
alertness or will of a person, such as: immediate senior public official of the PNP and other law
enforcement agencies for any act or omission or negligence
(i) The administration or drugs to induce confession and/or reduce
committed by him that led assisted abetted allowed torture
mental competency; or
5. Commanding officer or senior public official who has
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knowledge of or should have known that said act is being or
(ii) The use of drugs to induce extreme pain or certain symptoms of a has been committed by his subordinates or others within his
disease; and area of responsibility and despite such knowledge, did not
take preventive or corrective action before, during or
(14) Other analogous acts of physical torture; and immediately after its commission when he has the authority
to prevent or investigate allegations but failed to do so
(b) "Mental/Psychological Torture" refers to acts committed by a
whether deliberately or by negligence.
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:
1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm,

execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public

humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from

one place to another, creating the belief that he/she shall be summarily
executed;
HUMAN SECURITY ACT SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the
SEC. 3. Terrorism.- Any person who commits an act punishable under authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act,
any of the following provisions of the Revised Penal Code: shall only be effective for the length of time specified in the written order of the
authorizing division of the Court of Appeals, which shall not exceed a period of thirty
(30) days from the date of receipt of the written order of the authorizing division of
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the the Court of Appeals by the applicant police or law enforcement official.
Philippine Waters);
b. Article 134 (Rebellion or Insurrection); The authorizing division of the Court of Appeals may extend or renew the said
c. Article 134-a (Coup d' Etat), including acts committed by private authorization for another non-extendible period, which shall not exceed thirty (30)
persons; days from the expiration of the original period: Provided, That the authorizing
d. Article 248 (Murder); division of the Court of Appeals is satisfied that such extension or renewal is in the
public interest: and Provided, further, That the ex parte application for extension or
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of
Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or
1. Presidential Decree No. 1613 (The Law on Arson); law enforcement personnel, who, having been duly authorized in writing by the Anti-
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Terrorism Council has taken custody of a person charged with or suspected of the
Waste Control Act of 1990); crime of terrorism or the crime of conspiracy to commit terrorism shall, without
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 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
1968);
proper judicial authority within a period of three days counted from the
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4. Republic Act No. 6235 (Anti-Hijacking Law); moment the said charged or suspected person has been apprehended or
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery arrested, detained, and taken into custody by the said police, or law
Law of 1974); and, enforcement personnel: Provided, That the arrest of those suspected of the crime
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws of terrorism or conspiracy to commit terrorism must result from the surveillance
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition under Section 7 and examination of bank deposits under Section 27 of this
or Disposition of Firearms, Ammunitions or Explosives) Act.
thereby sowing and creating a condition of widespread and extraordinary The police or law enforcement personnel concerned shall, before detaining the
fear and panic among the populace, in order to coerce the government person suspected of the crime of terrorism, present him or her before any judge at
to give in to an unlawful demand shall be guilty of the crime of terrorism the latter's residence or office nearest the place where the arrest took place at any
time of the day or night. It shall be the duty of the judge, among other things, to
and shall suffer the penalty of forty (40) years of imprisonment, without ascertain the identity of the police or law enforcement personnel and the person or
the benefit of parole as provided for under Act No. 4103, otherwise persons they have arrested and presented before him or her, to inquire of them the
known as the Indeterminate Sentence Law, as amended. 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,
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to moral or psychological torture by whom and why. The judge shall then submit a
commit the crime of terrorism shall suffer the penalty of forty (40) years written xx within three calendar days from the time the suspect was brought to
of imprisonment. his/her residence or office. xx
The penalty of ten (10) years and one day to twelve (12) years of imprisonment
There is conspiracy when two or more persons come to an agreement shall be imposed upon the police or law enforcement personnel who fails to notify
concerning the commission of the crime of terrorism as defined in and judge as Provided in the preceding paragraph.
Section 3 hereof and decide to commit the same.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. -
SEC. 5. Accomplice. - Any person who, not being a principal under Article In the event of an actual or imminent terrorist attack, suspects may not
17 of the Revised Penal Code or a conspirator as defined in Section 4 be detained for more than three days without the written approval of a
hereof, cooperates in the execution of either the crime of terrorism or municipal, city, provincial or regional official of a Human Rights
conspiracy to commit terrorism by previous or simultaneous acts shall Commission or judge of the municipal, regional trial court, the
suffer the penalty of from seventeen (17) years, four months one day to Sandiganbayan or a justice of the Court of Appeals nearest the place of the
twenty (20) years of imprisonment. arrest. 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
SEC. 6. Accessory. - Any person who, having knowledge of the 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
commission of the crime of terrorism or conspiracy to commit terrorism, officials shall be secured by the police or law enforcement personnel concerned
and without having participated therein, either as principal or accomplice within five days after the date of the detention of the persons concerned: Provided,
under Articles 17 and 18 of the Revised Penal Code, takes part however, That within three days after the detention the suspects, whose connection
subsequent to its commission in any of the following manner: (a) by with the terror attack or threat is not established, shall be released immediately.
profiting himself or assisting the offender to profit by the effects of the
crime; (b) by concealing or destroying the body of the crime, or the SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within
effects, or instruments thereof, in order to prevent its discovery; (c) by Three Days. - The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or law enforcement personnel who
harboring, concealing, or assisting in the escape of the principal or has apprehended or arrested, detained and taken custody of a person charged with
conspirator of the crime, shall suffer the penalty of ten (10) years and or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to
one day to twelve (12) years of imprisonment. deliver such charged or suspected person to the proper judicial authority within the
period of three days.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall
not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of
accessories falling within the provisions of subparagraph (a).
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SEC. 7. Surveillance of Suspects and Interception and Recording of
Communications. -The provisions of Republic Act No. 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.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the
authorizing division of the Court of Appeals to track down, tap, listen to, intercept,
and record communications, messages, conversations, discussions, or spoken or
written words of any person suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall only be granted by the authorizing division of
the Court of Appeals upon an ex parte written application of a police or of a law
enforcement official who has been duly authorized in writing by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte application, and upon
examination under oath or affirmation of the applicant and the witnesses he may
produce to establish: (a) that there is probable cause to believe based on personal
knowledge of facts or circumstances that the said crime of terrorism or conspiracy
to commit terrorism has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is essential to the
conviction of any charged or suspected person for, or to the solution or prevention
of, any such crimes, will be obtained; and, (c) that there is no other effective
means readily available for acquiring such evidence.
127 EXPULSION PUNISHABLE ACTS:
1. by expelling a person from the Philippines and
2. by compelling a person to change his residence
Elements:
1. offender is a public officer or employee
2. he expels any person from the ph or compels a person
to change his residence
3. offender is not authorized to do so by law.
128 VIOLATION OF PUNISHABLE ACTS: Qualifying:
DOMICILE 1. by entering any dwelling against the will of the owner 1. Committed at
2. by searching papers or other effects found therein nighttime
without previous consent of such owner and 2. If any papers or effects
3. By refusing to leave the premises after having not constituting
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surreptitiously entered said dwelling and after having evidence are not
been required to leave the same. returned immediately
after search
Common elements: offender is a public officer or
employee and that he is not authorized by judicial order
to enter the dwelling and or to make a search.
129 SEARCH WARRANTS Punishable act:
MALICIOUSLY a. obtaining search warrant without just cause
OBTAINED AND ABUSE Elements:
IN THE SERVICE OF 1. Offender is a public officer or employee
THOSE LEGALLY 2. Procures a sw
OBTAINED 3. Without just cause
b. Exceeding his authority or by using unnecessary
severity in executing a search warrant legally
procured
Elements:
1. Offender is public officer or employee
2. He has legally procured a warrant
3. He exceeds authority or uses unnecessary
severity in executing it
130 SEARCHING DOMICILE Witnesses should be owner, or any member of the family In violation of domicile, there is no warrant.
WITHOUT WITNESSES or two witnesses residing in the same locality
131 PROHIBITION, PUNISHABLE ACTS: If the offender is a private individual = it
INTERRUPTION, AND 1. Prohibiting, interrupting, dissolving without legal could be tumultuous disturbance
DISSOLUTION OF ground the holding of a peaceful meeting
RELIGIOUS MEETINGS 2. Hindering any person from joining any lawful If the offender is a participant and not a
association or from attending any of its stranger = unjust vexation
meetings
3. Prohibiting or hindering a person from
addressing either alone or with others any
petition to the authorities for the correction of
abuses or redress of grievances.
132 INTERRUPTION OF 1. Offender is a public officer or employee Qualified by violence or threats.
RELGIOUS WORSHIP 2. Religious ceremonies or manifestations of any There must be actual religious
religion are about to take place or are on going ceremony, if any rally, 131.
3. Offender prevents or disturbs the same.
133 OFFENDING 1. Acts complained of were performed It may be committed by pub If the act is direHcted to the religious
RELIGIOUS FEELINGS a. In a place devoted to rel. worship , not officer or private individual. belief itself and the act is notoriously
necessarily in a ceremony – OR - offensive, the crime is offending religious
b. During the celebration of any religious feelings. Otherwise it is only unjust vexation.
ceremony Where the act is not directed to the belief
2. The acts must be notoriously offensive to the itself, and the meeting is interrupted by a
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feelings of the faithful public officer, 132.
TITLE THREE: CRIMES AGAINST PUBLIC ORDER

134 REBELLION/INSURREC 1. There must be a public uprising and NO COMPLEX CRIME OF Depriving the judiciary of its powers is not
TION 2. Taking up of arms against the government REBELLION WITH MURDER, included and the offense may only be
and AND OTHER COMMON CRIMES, sedition.
Objective is to 3. The purpose is either whether such crimes are
overthrow the a. Removing allegiance to said punishable under a special law Actual clash not necessary
government and the government/laws or a general law, provided such
offenders to establish The territory of the ph or any part thereof crimes are committed in Giving aid or comfort is not criminal in
their own. or pursuance of overthrowing govt. rebellion, mere silence also not punishable.
Any body of land, naval, or other armed
May be committed forces or May be committed by any A person who commits an act punishable as
whether public officer b. Depriving wholly or partially any of the person, in or out of ph, even in rebellion or insurrection thereby sowing and
or not powers and prerogatives of the CHIEF times of peace. creating a condition of widespread and
EXECUTIVE OR CONGRESS. 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.
134-A COUP D ETAT 1. Offender is a person belonging to the
military or police or holding any public office or
Objective is to employment
destabilize, immobilize, 2. Committed by means of a swift attack
or paralyze existing accompanied by violence, intimidation, threat
government. strategy stealth
3. Attack is directed against duly constituted
authorities of the RP or any military camp or
installation or communication networks, public
utilities or facilities NEEDED FOR THE EXERCISE
AND CONTINUED POSSESSION OF POWER
4. The purpose of the attack is to seize or
diminish state power
may be committed with or without civilian participation.
136 CONSPIRACY AND Punished are CONSPIRACY and PROPOSAL
PROPOSAL TO
COMMMIT REBELLION C: 2 persons come to an agreement to rise/take up arms
INSURR AND COUP and decide to commit it
P: person decided to rise pub and take arms and
proposes its execution to others.
137 DISLOYALTY OF Punishable acts:
PUBLIC OFFICERS AND Failing to resist a rebellion by all means in their power
EMPLOYEES Continuing to discharge the duties of their office under
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the control of the rebels and
Accepting appointment to office under the rebels.
138 INCITING TO 1. Offender does not take up arms or not in open Rebellion should not actually be committed.
REBELLION/INSURREC hostility Acts or words should have been
TION 2. He incited others to the execution of any acts of premeditated. IF SPONTANEOUS – the crime
rebellion will be tumultuous disturbance as an outcry
3. Inciting is done by means of speeches tending to incite rebellion.
proclamations writings emblems banners or
other representations tending to the same end. Done publicly, unlike in proposal, and it is
not required that he has decided to commit
rebellion.
139 SEDITION 1. Offenders rise publicly and tumultuously Common crimes are not TUMULTUOUS : IN 163 MEANS disturbance
2. They employ force intimidation or other means absorbed in sedition, except is caused by more than three persons who
outside of legal methods unlicensed firearms. are armed or provided with the means of
3. Offenders employ those means to attain any of violence.
the following objects:
a. Prevent promulgation or execution of any In sedition arms are not necessary, and
law or holding of popular election either political or social. In rebellion – public
b. Prevent govt / pub off from freely uprising + taking arms against the
exercising his functions/execution of government, always political.
any admin order
c. Inflict any act of hate or revenge upon
the person or property of any public officer
or employee
d. Commit for any political or social act 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 Gov of all its property or any part
thereof.
141 CONSPIRACY TO Agreement and decision ; only conspiracy to commit
COMMIT SEDITION sedition is punishable and NOT PROPOSAL.
142 INCITING TO PUNISHABLE ACTS:
SEDITION 1. Inciting others to commit sedition by means of
speeches, proclamations, banners or other
representations tending to the same end
2. Uttering seditious words or speeches which tend
to disturb public peace
3. Writing, publishing, or circulating scurrilous
libels, against the Govt or any of its duly
constituted authorities
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4. Knowingly concealing such evil practices
For 2 and 3:
- they tend to disturb or obstruct an lawful officer in
executing the functions of his office
- they tend to instigate others to cabal and meet
together for unlawful purposes
- suggest or incite rebellious conspiracies or riots
- lead or tend to stir up the people against the lawful
authorities or disturb the peace of the community and
safety and order of the government.
143 ACT TENDING TO Meeting projected or actual , of the congress or any of its To commit this crime, physical
PREVENT THE committees, divisions, provincial board or city or injuries will be complexed with
MEETING OF THE municipal council falsification
ASSEMBLY AND
SIMILAR BODIES Offender may be any person who prevents such meeting
by force or fraud .
(crimes against popular
representation)
144 DISTURBANCE OF 1. There is a meeting of congress , provincial, mun DISTURBANCE BY A
PROCEEDINGS council or board PARTICIPANT  not covered in
2. Offender disturbs any of such meetings / 144
behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
Complaint filed by a member of the legislative body.
145 VIOLATION OF PUNISHABLE ACTS: / elements Parliamentary immunity does not protect the
PARLIAMENTARY 1. using force, intimidation, threats, or frauds to members of congress from responsibility
IMMUNITY prevent and member from before the legislative body itself.
a. attending the meetings of congress, or any of its
committes or sub comm, A6 Sec 11 1987 C: a senator or member of
b. expressing his opinions, the HOR shall in all offenses punishable by
casting his vote. (OFFENDER MAY BE ANY PERSON) not more than 6 years of imprisonment be
privileged from arrest while Congress is in
2. Arresting or searching any member while session, while A145 of the RPC states
congress is in session, except in cases where such penalty higher than prision mayor. 6 years
member has committed a crime punishable by a penalty prevails.
higher than prision mayor.
146 ILLEGAL ASSEMBLIES Two kinds: Persons liable: It is necessary that the audience is actually
1. Any meeting attended by armed persons for 1. Organizers, meeting incited. If in the meeting the audience is
Gravamen of illegal the purpose of committing any of the crimes leaders incited to commit rebellion or sedition the
assembly: mere punishable in the RPC. 2. Persons merely crimes committed are ILLEGAL ASSEMBLY as
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gathering for the 2. Any meeting in which the audience, whether present - but with regards the organizers, and INCITING TO
unlawful purpose r/t a armed or not, is incited to the commission of common intent to REBELLION OR SEDITION, as to the one
crime under the RPC. the crime of treason, rebellion or insurrection commit the felony inciting them.
If the offense is sedition or assault upon a person in authority or Presumptions: if one carries an
punishable under a agent unlicensed firearm – purpose is
special law, no illegal to commit acts punished in RPC;
assembly. he is considered
leader/organizer.
147 ILLEGAL Prohibited associations: Persons liable: Unlike illegal assembly, it is not necessary
ASSOCIATIONS 1. Purpose of committing any of the crimes 1. Founders, directors, that there is a meeting. It is the act of
punishable under the RPC president of the assoc forming or organizing that are being
2. Some purpose contrary to public morals 2. Members of the assoc punished.
152 PERSONS IN Public officer: any person who takes part in the performance of public functions in the gov
AUTHORITY (PIA), &
AGENTS OF PIA Person in authority: any person DIRECTLY VESTED WITH JURISDICTION, whether as an individual or as a member of some court or
governmental corporation, board or commission.
(ex: teachers professor , those in charge with supervision of public duty or duly recognized private schools, colleges and lawyers IN THE
PERFORMANCE of their duties or ON OCCASION of such performance; also punong brgy, sangg brgy, members of lupon in their jurisdictions;
municipal mayor, mun councilor, teacher-nurse)
Agent of PIA: any person who by direct provision of law or by election or appointment by competent authority is CHARGED WITH THE
MAINTENANCE OF PUBLIC ORDER and PROTECTION AND SECURITY OF LIFE AND PROPERTY.
(ex: barrio councilman, barrio policemen, brgy leader)
Any person who comes to the aid of a person in authority may be considered as an agent of a person in authority.
148 DIRECT ASSAULT The victim in a direct assault is a person in authority or Direct assault is qualified when Still direct assault even when pa or apa
his agent PIA, APIA; and the attack employment of force 1.Committed with a weapon agrees to fight, except lawful defense
2 types: or intimidation is committed on the occasion of the 2. OFFENDER is a public officer
1. Simple performance of official duties or by reason of such or ee If the accused is also acting in the
assault performance 3. offender lays hands upon performance of his official duties, crime may
2. Qualified person in authority be coercion or PI.
assault 2 ways to commit: / ELEMENTS
1. Without public uprising, by employing force If direct assault is committed DA cannot be committed in times of
PA OR APA must not or intimidation for the attainment of any of and as a result the PA or APA is rebellion or sedition because A148
be suspended when the purposes enumerated in defining the crimes killed, the crime shall be the REQUIRES THERE IS NO PUBLIC
attacked. of sedition and rebellion. complex crime of direct assault UPRISING.
2. Without public uprising, by with homicide or murder.
> attacking,
> by employing force or If DA and the PA or APA suffers
> seriously intimidating or by seriously serious or less serious PI, the
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intimidating or crime shall be a complex crime
> by seriously resisting of direct assault with serious or
3. Done to any PA or his agent, while engaged in less serious PI.
the performance of official duties or on the
occasion of such performance SLIGHT PI: absorbed in DA if
4. Offender knows that the one he is assaulting is committed against APA.
a PIA or his agent in the exercise of his duties
If committed against PA 
If the victim is APA, the violence intimidation or resistance SEPARATE OFFENSE
employed by the offender must be SERIOUS
If PIA, degree of force is immaterial as mere laying of
hands is sufficient.
149 INDIRECT ASSAULT 1. An APA is victim of any of the forms of DA Indirect assault can be committed only
defined in A148. when a direct assault has been
2. That a person comes to the aid of the APA and committed.
(offended may be a private person)
3. That the offender makes use of force or
intimidation upon such person coming to the aid
of the APA.
RULES:
VICTIM – PA – subject of DA, 3rd person coming to his aid
is an APA , likewise attacked – DA ALSO, resistance,
disobedience, depending on degree of force.
VICTIM IS APA -
a. DA is committed against APA, attack against 3 rd
person is INDIRECT ASSAULT (IA)
b. Resistance or disobedience against APA, attack
against 3rd p is either physical injuries, or
coercion as the case may be.
150 DISOBEDIENCE TO 1. Refusing to obey summons of the congress
SUMMONS ISSUED BY 2. Refusing to be sworn or placed under
THE NATIONAL affirmation while before such body
ASSEMBLY , CONCOM 3. Refusing to answer any legal inquiry or to
produce any books papers docs or records in his
possession when required by them to do so
4. Restraining another from attending as a witness
in such legislative body.
5. Inducing disobedience to summons or refusal to
be sworn by any such body or official.
151 RESISTANCE & Elements: In DA, PA or APA is in actual performance or
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DISOBEDIENCE TO A 1. PA or apa is engaged in the performance of by reason thereof. In resistance, only in
PIA OR THE AGENTS official duty or gives a lawful order actual performance of duties. Also, here the
OF SUCH PERSON 2. Offender resists or seriously disobeys PIA or apa use of force is not so serious ; attack is not
3. Act is not included in the provisions of A 148- deliberate.
150
Elements of simple disobedience:
1. APA is engaged in the performance official duty
or gives a lawful order to the offender
2. Offender disobeys such APA
3. Such disobedience is not of a serious nature
153 TUMULTS & OTHER Punishable acts: It is tumultuous if casued by If disturbance is not serious in nature,
DISTURBANCES of 1. Causing any serious disturbance in a public more than 3 WHO ARE ARMED alarms and scandals under 155 is
PUBLIC ORDER place, office or establishment, or provided with means of committed. Serious disturbance must be
2. Interrupting or disturbing public performances , violence. But it is a mere planned or intended.
functions, or gatherings, or peaceful meetings presumption, so that when the
not in 131-132 disturbance is in fact tumultuous The outcry is more or less unconscious
3. Making an outcry tending to incite it is immaterial that there are no outburst, but not intentionally calculated to
rebellion or sedition in any meeting, such armed persons. induce others to commit sedition or
association or public place rebellion. At the outset, meeting is lawful.
4. Displaying placards or emblems which provoke a Tumults and other disturbances
disturbance of public order in such place can be complexed with direct Act of disturbing/interrupting religious
5. Burying with pomp a body of a person who has assault if the tumults and ceremony  not committed by pub off/
been legally executed. disturbances are directed participants are offenders & pub off  153
against PA or APA .
154 UNLAWFUL USE OF 1. Publishing false news If the publication is obscene and
MEANS OF 2. Encouraging disobedience to law/extolling act anonymous, the offenses cannot be
PUBLICATION AND punished by law complexed as they involved acts punished in
UNLAWFUL 3. Maliciously publishing any official resolution 201 on obscene publications
UTTERANCES without authority before they have been
published officially.
4. Printing distributing books or periodicals which
do not bear the real printer’s name or classified
as anonymous.
155 ALARMS AND Punishable acts: If discharge is directed at a person the
SCANDALS 1. Discharging firearm, rocket, firecracker, or other offense would be discharge of firearms
explosive within any town, public place which under 254
PRODUCES ALARM OR DANGER
2. Instigating or taking an active part in a charivari If disturbance is of a serious nature 153
or other disorderly meeting offensive to another
or prejudicial to public tranquility 155 crimes against public order+intented to
3. Disturbing public peace while wandering about cause alarm or danger+town/public place+
at night or engaged in nocturnal amusements light felony, 254 discharge of firearms is
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4. Causing any disturbance or scandal in public crime against persons, an act of shooting
places while intoxicated, provided 153 is n/a. without intent to kill+anywhere+less grave
156 DELIVERING 1. There is a person confined in jail or penal Liability of prisoner who If the offender is a pub officer actually in
PRISONERS FROM JAIL establishment escapes: custody or charge of the prisoner, he is
2. That the offender removes therefrom such 1. If detention prisoner liable for INFIDELITY IN THE CUSTODY OF
Committed by any person or – not criminally liable A PRISONER.
person who is not the helps the escape of such person 2. If a convict by final
custodian. judgment – liable for If the crime of the prisoner is treason,
evasion of service murder or parricide, the aact of taking the
Committed for a If the delivery of the prisoner place is that of an accessory in A19par 3.
convict or detainee. was committed thru bribery
1. Briber commits
corruption of a
public officer and +
delivering prisoners
from jail
2. Jailer, if a public
officer, commits
infidelity in the
custody of prisoners
and + bribery
3. Prisoner commits
evasion of service of
sentence if he is
already convicted by
FJ.
157 EVASION OF SERVICE 1. Offender is a convict by Fj Qualifiying: if such evasion takes Persons convicted under this article are
OF SENTENCE 2. He is serving sentence, consists in deprivation place - disqualified from the benefits of the ISL.
of liberty 1. By means of unlawful
3. He evades the service by escaping during the entry (by scaling) No evasion of service of destierro by
term of the sentence. 2. Breaking doors, violating a conditional pardon
windows, roofs, gates
3. Using picklocks, false
keys disguise, deceit
violence, intimdation
4. Connivance with other
convicts /ee’s
The ff cannot commit evasion:
1. Accused who escapes
during appeal a
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detention prisoner
2. Minor delinquents
3. Deportees
158 EVASION OF SERVICE 1. Offender is a convict by FJ + confined if the offender fails to give
OF SENTENCE ON THE 2. There is a disorder resulting from mutiny, himself up he shall suffer an
OCCASION OF earthquake, explosion, conflagration, similar increase of 1/5 of the time still
DISORDERS, catastrophe remaining to be served under
CONFLAGRATIONS, 3. Offender leaves the penal institution where he is the original sentence which shall
EARTHQUAKES OR confined, on the occasion of such disorder or not exceed 6 months. If the
OTHER CALAMITIES during the mutiny ad offender gives himself up, he is
4. Offender fails to give himself up to the entitled to a deduction of 1/5 of
authorities within 48 hours following the his original sentence.
issuance of proclamation by the chief executive
announcing the passing away of the such
calamity.
159 OTHER CASES OF 1. Offender was a convict The court cannot require the The penalty of prision correccional in its
EVASION OF SERVICE 2. He was granted a conditional pardon by the convict to serve the unexpired minimum period shall be imposed upon the
OF SENTENCE chief executive portion of the original sentence convict who, having been granted
(CONDITIONAL 3. He violated any of the conditions of such pardon if it does NOT exceed 6 yrs; the conditional pardon by the Chief Executive,
PARDON) If offender violates any of the conditions of his parole, he remedy is left to the president shall violate any of the conditions of such
can be arrested and reincarcerated without trial. who has the authority to pardon. However, if the penalty remitted by
The condition that he should not commit another crime recommit him to serve the the granting of such pardon be higher than
extends to offenses punishable by special laws. unexpired portion of his original six years, the convict shall then suffer the
sentence. unexpired portion of his original sentence.
160 COMMISSION OF 1. Offender was already convicted by Fj of one A quasi recidivist can be In reiteracion, the offender against whom it
ANOTHER CRIME offense pardoned is considered shall already have served out
DURING THE SERVICE 2. He committed a new felony before beginning 1. At the age of 70 he shall have his sentence for the prior offenses.
OF PENALTY IMPOSED to serve such sentence or while serving served out his original sentence
FOR ANOTHER the same. + not habitual d In recidivism, both the first and the second
PREVIOUS OFFENSE This is not a felony but A SPECIAL AGGRAVATING 2. when he shall have completed offenses must be embraced in the same title
(QUASI RECIDIVISM) CIRCUMSTANCE WHICH CANNOT BE OFFSET by an it after reaching the said age, of the RPC.
ordinary mitigating circumstance. unless by reason if his
conduct/other circ he shall not
The first crime for which the offender is serving sentence be worthy of such clemency
need not be a felony, but the second crime must be a
felony.
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
161 COUNTERFEITING Punishable acts:
SEAL OF 1. Forging the great seal of the govt of ph
GOVERNMENT / 2. Forging signature of the pres
SIGNATURE AND 3. Forging stamp of the president
STAMP OF PRESIDENT
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162 USE OF FORGED 1. SEAL of the RP was counterfeited, or the
SIGNATURE, sign/stamp of pres was forged
COUNTERFEIT SEAL 2. Offender knew of the counterfeiting /forgery
OR STAMP 3. He used the counterfeit seal or forged
signature/stamp
163 MAKING AND Any person who makes, imports, or utters, false coins, in
IMPORTING AND connivance with counterfeiters, or importers :
UTTERING FALSE
COINS 1. if the counterfeited coin be silver coin of the
Philippines or coin of the Central Bank of the Philippines
of ten centavo denomination or above.
2. , if the counterfeited coins be any of the minor coinage
of the Philippines or of the Central Bank of the Philippines
below ten-centavo denomination.
3. if the counterfeited coin be currency of a foreign
country.
164 MUTILATION OF any person who shall mutilate coins of the legal currency
COINS of the United States or of the Philippine Islands or import
or utter mutilated current coins, or in connivance with
mutilators or importers.
165 SELLING OF FALSE OR 1. person who knowingly, although without the
MUTILATED COIN connivance mentioned in the preceding articles,
shall possess false or mutilated coin with intent
to utter the same, or (POSSESS+INTENT TO
UTTER)
2. shall actually utter such coin
possession of or uttering of false coin does not require

that the counterfeited coin is legal tender. But if the coin
being uttered or possessed with intent to utter is
mutilated , it must be legal tender coin,
166 FORGING TREASURY 1. forging or falsification of treasury or bank notes The falsification of PNB checks is not forgery
OR BANK NOTES OR or other docs payable to bearer under 166 but falsification of commercial
OTHER DOCS PAYABLE 2. importation of the same documents under 172 in connection with
TO BEARER; 3. uttering the same in connivance with forgers or 171 of the RPC
IMPORTIN AND importers
UTTERING THE SAME
167 COUNTERFEITING, 1. There is an instrument payable to order or other
IMPORTING, AND doc or credit not payable to bearer
UTTERING 2. That the offender either forged imported or
INSTRUMENTS uttered such instrument
PAYABLE TO BEARER 3. That in case of uttering, he connived with the
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importer or forger
168 ILLEGAL POSSESSION any person who shall knowingly use or have in his
AND USE OF FALSE possession, with intent to use any of the false or falsified
TREASURY OR BANK instruments referred to in this section
NOTES AND OTHER
INSTRUMENTS OF PRESUMPTION: a person in possession of a falsified
CREDIT document and makes use of the same is presumed to be
the material author of the falsification.
169 HOW FORGERY IS the forgery referred to in this section may be committed Forgery in 169 refers to falsification and
COMMITTED by any of the following means: counterfeiting of treasury or bank notes or
any instruments payable to bearer or order
1. By giving to a treasury or bank note or any instrument,
payable to bearer or order mentioned therein, the Falsification is the commission of any of the
appearance of a true genuine document. 8 acts mentioned in A 171 on legislative,
public or official, commercial, or private docs
2. By erasing, substituting, counterfeiting or or wireless or telegraph mssgs
altering by any means the figures, letters, words or
signs contained therein.
ANTI MONEY PUNISHABLE ACTS: COVERED TRANSACTIONS:
LAUNDERING ACT transaction in cash or other equivalent monetary instrument involving
ra 9194 'Unlawful activity' refers to any act or omission or series or a total amount in excess of Five hundred thousand pesos (PhP
combination thereof involving or having direct relation to following: 500,000.00) within one (1) banking day.
Money laundering: a
crime whereby the "(1) Kidnapping for ransom under Article 267 SUSPICIOUS TRANSACTIONS:
proceeds of an transactions with covered institutions, regardless of the amounts
unlawful activity as "(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act involved, where any of the following circumstances exist:
herein defined are No. 9165, otherwise known as the Comprehensive Dangerous Act of
transacted thereby 2002; 1. there is no underlying legal or trade obligation, purpose or
making them appear economic justification;
as to have originated "(3) Section 3 paragraphs B, C, E, G, H and I of republic Act No.
from legitimate sources 3019, the Anti-Graft and Corrupt Practices Act; 2. the client is not properly identified;
"(4) Plunder under Republic Act No. 7080, as amended; 3. the amount involved is not commensurate with the business or
financial capacity of the client;
"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300,
301 and 302 of the Revised Penal Code, as amended; 4. taking into account all known circumstances, it may be perceived
that the client's transaction is structured in order to avoid being the
"(6) Jueteng and Masiao punished as illegal gambling subject of reporting requirements under the Act;
"(7) Piracy on the high seas under the Revised Penal Code 5. any circumstances relating to the transaction which is observed to
deviate from the profile of the client and/or the client's past
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"(8) Qualified theft under Article 310 transactions with the covered institution;
"(9) Swindling under Article 315 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
"(10) Smuggling under Republic Act Nos. 455 and 1937; committed; or
"(11) Violations under Republic Act No. 8792, otherwise known as 7. any transactions that is similar or analogous to any of the
the Electrinic Commerce Act of 2000; foregoing
"(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised Penal
Code, as amended, including those perpetrated by terrorists against
non-combatant persons and similar targets;
"(13) Fraudulent practices and other violations under Republic Act

No. 8799, otherwise known as the Securities Regulation Code of
2000;
"(14) Felonies or offenses of a similar nature that are punishable

under the penal laws of other countries."
170 FALSIFICATION OF 1. There is a bill, resolution or ordinance enacted Offender may be private Other acts that do not change the meaning
LEGISLATIVE DOCS or approved or pending approval by either individual or public officer. – even in legislative docs – punished under
House of the Legislature or any provincial 171
board/mun council
2. Offender alters it
3. He has no authority to do so
4. Alteration changed the meaning of the
document
171 FALSIFICATION BY 1. any public officer, employee, or notary who,
PUBOFF, EE OR 2. taking advantage of his official position (DUTY
NOTARY OR ECC TO PREPARE, OFFICIAL CUSTODY),
MINISTER 3. offender falsified thru any of the following acts:
1. Counterfeiting or imitating any handwriting,

signature or rubric; + intent to imitate
2. Causing it to appear that persons have

participated in any act or proceeding when they did not
in fact so participate;
3. Attributing to persons who have participated in
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an act or proceeding statements other than those in
fact made by them;
4. Making untruthful statements in a narration of

facts; + legal obligation to disclose the truth + narration
was made with wrongful intent to injure + totally false
5. Altering true dates;
6. Making any alteration or intercalation in a

genuine document which changes its meaning;
7. Issuing in an 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; or
8. Intercalating any instrument or note relative to

the issuance thereof in a protocol, registry, or official
book.
The same penalty shall be imposed upon any

ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of this
article, with respect to any record or document of such
character that its falsification may affect the civil status of
persons.
172 FALSIFICATION BY 1. Any private individual (or public off but did not take There is no complex crime of FALSIFICATION OF PUBLIC/OFFICIAL OR
PRIVATE INDIVIDUALS adv of official position)– falsify a public or official estafa thru falsification of a COMMERCIAL DOC: committed as necessary
AND USE OF document or letter of exchange or other commercial private document – because means to commit estafa, complex crime is
FALSIFIED DOCS document; and the immediate effect of committed; prejudice to 3rd persons is
falsification of private document immaterial ; punished is violation of public
>public document: when ack before Notary P or when is the same as that of estafa. faith and perversion of truth.
intended to be part of the public or official record , and it
becomes or is certified by a public officer duly authorized There is no falsification of REASON – crime of falsification has already
by law. private document thru reckless been consummated; actually using the
imprudence since there is atleast falsified document to defraud another is
2. Any person who, to the damage of a third party (with intent to cause damage. estafa which causes the damage, not falsif
use), or with the intent to cause such damage, shall
falsify a private document FALSIF OF PRIVATE DOV: no complex crime
of estafa thru falsif
3. Any person who shall
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> knowingly introduce in evidence in any judicial REASON: the fraudulent gain obtained by
proceeding or to the damage of another + knowing it was deceit thru estafa is the very damage caused
falsified + embraced in 171, 1 & 2 or 172 + NO DAMAGE by the falsif of such docs.
REQUIRED
The prejudice to a 3rd party is considered so
> with the intent to cause such damage, shall use that if damage is not apparent, or if with no
any of the false documents intent to cause it, falsif is not punishable!
173 FALSIFICATION OF officer or employee of the Government or of any private
WIRELESS, CABLE, corporation or concern engaged in the service of sending
TELEGRAPH, or receiving wireless, cable or telephone message who
TELEPHONE MSGS
AND USE OF SAID 1. utters a fictitious wireless, telegraph or
FALSIFIED MSGS telephone message of any system or
2. falsifies the same.
3. ANY PERSON WHO shall use such falsified
dispatch to the prejudice of a third party or with
the intent of cause such prejudice + knowledge
that the mssgs were falsified
174 FALSIFICATION OF 1. Any physician or surgeon who, in connection, with the
MEDICAL practice of his profession, shall issue a false certificate; --
CERTIFICATES, FALSE the crime is FALSE MED CERT
CERTIFICATES OR
MERIT OF SERVICE 2. Any public officer who shall issue a false certificate of
merit of service, good conduct or similar circumstances. –
the crime is FALSE CERT OF MERIT/SERVICE
3. Private person who shall falsify a certificate falling

within the classes mentioned in the two preceding
subdivisions. FMC/FCMS by a private individual
175 USE OF FALSE any one who shall knowingly use any of the false
CERTIFICATES certificates mentioned in the next preceding article.
(issuance of FMC + knowledge + use)
176 MANUFACTURING AND any person who shall
POSSESSION OF 1. make or introduce into the Philippine Islands
INSTRUMENTS AND any stamps, dies, marks, or other instruments
IMPLEMENTS FOR or implements intended to be used in the
FALSIFICATION commission of the offenses of counterfeiting or
falsification mentioned
2. with the intention of using them, possess any of
the instruments or implements
177 USURPATION OF Any person who shall k
AUTHORITY OR 1. knowingly and falsely represent himself to be an
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OFFICIAL FUNCTIONS officer, agent or representative of any
department or agency of the Philippine
A. usurpation of Government or of any foreign government,
authority 2. under pretense of official position, shall perform
B. usurpation of any act pertaining to any person in authority or
official public officer of the Philippine Government or
functions any foreign government, or any agency thereof,
without being lawfully entitled to do so
USURPER: 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
expressing some of the functions of the office
178 USING FICTITIOUS any person who shall publicly use a fictitious name The use of fictitious name may If damage is to private interest the crime is
NAME AND PUBLICLY for be complexed with the crime of estafa.
CONCEALING TRUE 1. the purpose of concealing a crime, delivering persons from jail as
NAME 2. evading the execution of a judgment or necessary means therefor, but In concealing true name - element of
3. causing damage + damage to public interest may not be complexed with publicity is not necessary
Element of publicity evasion.
must be present Any person who conceals his true name and other In usurpation of civil status: purpose is to
personal circumstances enjoy rights arising from civil status of the
person impersonated
estafa: purpose is to defraud 3rd persons

179 ILLEGAL UNIFORMS any person who shall publicly and improperly make use of
OR INSIGNIA insignia, uniforms or dress pertaining to an office not held
by such person or to a class of persons of which he is not
a member.
Colorable resemblance calculated to deceive is sufficient.

180 FALSE TESTIMONY FALSE TESTIMONY AGAINST A DEFENDANT Complainant must wait for
finality of judgment. This is so
1. Criminal proceeding because the penalty for violation
3 FORMS OF FALSE 2. Offender testifies falsely under oath against of 180 depends upon the
TESTIMONY defendant penalty imposed by the court in
1. false testimony in 3. Offender who gives false testimony KNOWS it is the case of the defendant;
criminal cases false Defendant must be sentenced to
180-181 4. Defendant is either acquitted or convicted in Fj ATLEAST a correctional penalty,
2. False testimony in or a fine or must be acquitted.
civil cases 182 Good faith is a defense. Prescriptive period will not begin
3. False testimony in to run as long as the case has not been decided with
other cases 183 finality because the basis of the penalty is the sentence of
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the accused
181 TESTIMONY Punished because of its tendency to favor or to prejudice A defendant who testifies in his Here conviction and acquittal is not
FAVORABLE TO the defendant. own behalf in a criminal case necessary, it is sufficient that the defendant
DEFENDANT can only be guilty of 181 if he in the principal case is prosecuted for a
FT in favor of defendant need not directly influence the voluntarily goes upon the felony punishable by afflictive or by other
decision. Sufficient that the defendant in the principal witness stand and falsely penalty.
case is prosecuted for a felony punishable by afflictive or imputes to some other person
other penalty. the commission of the offense.
Prescriptive period commences right after the witness

testified because the basis of the penalty on the false
witness is the felony charge to the accused.
182 FALSE TESTIMONY IN 1. Testimony must be given in a civil case Special law with own special penalties 
CIVIL CASES 2. It must relate to the issues presented in said punish under 183 perjury; penalty was taken
case from the RPC and denominated as such 
3. Testimony must be false 180-183
4. False testimony must be given by defendant
knowing it to be false
5. Testimony must be malicious and given with an
intent to affect the issues presented in said
case.
183 PERJURY There is no perjury through No perjury if the sworn statement is not as
ELEMENTS: negligence or imprudence – to a material fact
Ways of committing: 1. Accused made a statement under oath or KNOWINGLY
1. Falsely testifying executed an affidavit upon a material matter
under oath (NOT 2. The statement or affidavit was MADE BEFORE A Subornation of perjury:
IN A JUDICIAL COMPETENT OFFICER AUTHORIZED to receive committed by a person who
PROCEEDING) and administer oath knowingly and willfully procures
2. By making a false 3. In the s/a , the accused made a willful and another to swear falsely and the
affidavit deliberate assertion of a falsehood witness suborned does testify
4. The sworn s/a containing the falsity was under the circumstances
required by law rendering him guilty of perjury –
direct induction to commit a
Essential elements of proof: perjury may be punished in 17,
1. Statements made by the defendant must be 183.
proven false
2. It must be proven that the defendant DID NOT
BELIEVE those statements to be true
Good faith or lack of malice is a defense in perjury.

184 OFFERING FALSE 1. Offender offered in evidence a false witness or 184 does not apply when the offender
TESTIMONY IN testimony induced a witness to testify falsely. It
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EVIDENCE 2. He knew the witness or testimony was false applied when the latter knowingly
3. Offer was made in a judicial or official presented a false witness and the
proceeding latter testified falsely.
185 MACHINATIONS IN Any person who shall Consummated by mere attempt
PUBLIC AUCTIONS 1. solicit any gift or promise as a consideration for
refraining from taking part in any public
Under frauds auction, + with intent to cause the reduction of
the price of the thing auctioned
2. attempt to cause bidders to stay away from
an auction by threats, gifts, promises, or any
other artifice, with intent to cause the reduction
of the price of the thing auctioned
186 MONOPOLIES AND 1. combination or conspiracy to prevent free PERSONS LIABLE:
COMBINATIONS OF competition in the market Manufacturer
RESTRAIN AND TRADE 2. monopoly to restrain free competition in the Producer
market Processor
PURPOSE: make 3. making transactions prejudicial to lawful Importer of any merch or object
transactions prejudicial commerce or to increase the market price of commerce
to lawful commerce;
To increase the market crime is committed by combining, conspiring, agreeing Mere conspiracy is punished.
price of any with any person
merchandise or object
of commerce
187 IMPORTATION AND The stamps, brands or marks of those articles or 187 does not apply to the manufacturer of
DISPOSITION OF merchandise fail to indicate the actual fineness or quality misbranded articles, the manuf is liable for
FALSELY MARKETED of said metal or alloy. ESTAFA in 315 2(b)
ARTICLES OR MERCH
MADE OF GOLD Offender knows that the stamps, brands or marks fail to
SILVER OTHER indicate the actual fineness or quality
PRECIOUS METALS OR
ALLOYS
TITLE FIVE: CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS RA 9165
- prohibition on plea bargaining

- any person convicted for drug trafficking or pushing regardless of the penalty CANNOT avail of the privilege granted by the Probation Law
- Qualifying aggravating circumstances in the commission of a crime by the offender under influence of DD  a positive finding for the USE of dangerous
drugs shall by qualifying aggravating circumstance in the commission of the crime by an offender and the applicable penalty in the RPC shall be
applicable.
PUNISHABLE ACTS:
1. Importation of dangerous drugs and/or controlled precursors and essential chemicals.
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs or controlled precursors and essential chemicals.
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3. Maintenance of a den, dive, resort
4. Employment in and visiting a den dive or resort
5. Manufacture of DD and/or controlled precursors and essential chemicals
6. Illegal chemical diversion of controlled precursors and essential chemicals
7. Manufacture or delivery of paraphernalia, apparatus, instrumetns
8. Possession of dangerous drugs
9. Possession of equipment , instrument , apparatus, and other paraphernalia for DD
The possession of such equipment fit for any purpose enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked,
consumed, administered to himself or herself injected or ingested or used a dangerous drug XXX
10. Possession of DD during parties, social gatherings, meetings or in the proximate company of atleast 2 persons.
It aggravates the possession of DD.
11. Possession of equipment instruments for DD during parties , social gatherings or meetings or in the proximate company of atleast 2 persons
It aggravates the possession of equipment instrument etc
12. Use of DD
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof.
14. Failure to maintain and keep records of transactions on dangerous drugs and/ controlled precursors and essential chemicals
15. Unnecessary prescription of dangerous drugs
16. Unlawful prescription of dangerous drugs
RULES ON POSSESSION, SALE, DRUG USE

1. ILLEGAL SALE ONLY, POSSESSION ABSORBED: quantity held by him must be equal to that being sold by him
If the quantity possessed by him is greater than the quantity negotiated , he is liable for ILLEGAL POSSESSION EQUAL TO THE EXCESS AMOUNT.
2. Possession of instruments for administering drugs is punished separately. But if possession of pipe is when he is smoking the same, possession is absorbed.
If he is found possessing the pipe and opium and he is not smoking  two crimes  illegal possession of opium and illegal possession of opium pipe
3. An offender who tested positive and is FOUND IN POSSESSION of any quantity  POSSESSION ONLY
CHAIN OF CUSTODY AND DISPOSITION OF CONFISCATED DD P – S – C – (F) O – D - C

Section 21. 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 in the following manner:
(1) 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 the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy
thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure submit to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume does not allow the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or
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surrendered dangerous drugs ETC , and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in
the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the
media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of
such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative
sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a
minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall
not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or
his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of
the public attorney's office to represent the former;
(7) 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 the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt of the same
Section 26. 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 as provided under this Act:
i-s-m-m-c
(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 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure
and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991 - V – VG – WT
1. any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act,
2. 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; and
3. who willingly testifies against such persons as described above,
4. 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:
[CONDITIONS:] N – P – C – M – D – F – M
(1) The information and testimony are necessary for the conviction of the persons described above;
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(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.
Grounds for termination of immunity: Section 34

1. information and/or testimony is false, malicious or made for the purpose of harassing, molesting or in any way prejudicing the persons described
in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to
prosecution and the enjoyment of all rights and benefits previously accorded shall be deemed terminated.
2. fails or refuses to testify without just cause, and when lawfully obliged to do so, or
3. violates any condition accompanying such immunity , his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or
criminal prosecution, rights & benefits terminated
WHO ARE LIABLE?

TITLE 6: CRIMES AGAINST PUBLIC MORALS
PUNISHABLE ACTS:
1. Any person who shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or
horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low,
mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing,
boat racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include
game fixing, point shaving and other machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or
uninhabited place or in any building, vessel or other means of transportation owned or controlled by him.
3. Any person knowingly permitting gambling in a place that has a reputation of a gambling place or that prohibited gambling is frequently carried on
therein, or the place is a public or government building or barangay hall
4. if the maintainer, conductor or banker of said gambling schemes 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.
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5. Any person - 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.
6. barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action
in connection therewith.
7. 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.
8. Maintainer or conductor of the above gambling schemes
200 GRAVE SCANDAL 1. Offender performs any act or acts

2. That are highly scandalous in nature as
offending against decency or good
customs
3. Highly scandalous conduct is NOT expressly
falling within any article of the RPC
4. Acts complained of be committed in a public
place or within public view
201 IMMORAL DOCTRINES, (1) Those who shall publicly expound or proclaim The crime of illegal publication is committed
OBSCENE doctrines openly contrary to public morals; when the real printer’s name is not divulged
PUBLICATIONS AND A154.4
EXHIBITIONS AND (2) the authors of obscene literature, published with
INDECENT SHOWS their knowledge in any form; the editors publishing such Mere possession of obscene materials
literature; and the owners/operators of the without intention to sell exhibit or give away
Test of obscenity: establishment selling the same; is not punishable under 201, considering the
whether the tendency purpose of the law is to prohibit the
of the matter charged (3) Those who, in theaters, fairs, cinematographs or any dissemination of obscene materials to the
as obscene is to other place, exhibit, indecent or immoral plays, public.
deprave or corrupt scenes, acts or shows, whether live or in film, which are
those whose minds are prescribed by virtue hereof, shall include those which
open to such immoral - glorify criminals or condone crimes;
influences, and into - serve no other purpose but to satisfy the market for
whose hands such a violence, lust or pornography;
publication might fall - offend any race or religion;
and also whether or - tend to abet traffic in and use of prohibited drugs;&
not such publication or are contrary to law, public order, morals, and good
act shocks the ordinary customs, established policies, lawful orders, decrees
and common sense of and edicts;
men as indecency
(4) Those who shall sell, give away or exhibit films,
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prints, engravings, sculpture or literature which are
offensive to morals.
RA 9208 ANTI Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
TRAFFICKING OF
PERSONS (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.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be
unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting
trafficking
(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;
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(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.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a syndicate, or in large scale. 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;
(d) 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;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement
agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) 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 Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS
- offender can be a private individual in 212, 222 and 225
203 WHO ARE PUBLIC any person who, by direct provision of the law,
OFFICERS popular election or
appointment by competent authority,
shall take part in the performance of public functions in
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the Government of the Philippine Islands,
or shall perform in said Government or in any of its
branches public duties as an employee, agent or
subordinate official
204 KNOWINGLGY 1. offender is a judge 204 does not apply to members
RENDERING UNJUST 2. he renders a judgment in case submitted to him of a collegiate court (SC, SNDGN
JUDGMENT 3. judgment is unjust CTA,CA)
(MISFEASANCE AND 4. he knows the judgment is unjust
MALFLEASANCE 204- 5.
212)
205 JUDGMENT RENDERED 1. Offender is a judge
THRU NEGLIGENCE 2. Renders judgment in a case submitted to him
for decision
3. Judgment is manifestly unjust
4. It is due to inexcusable negligence or ignorance
206 UNJUST 1. Offender is a judge
INTERLOCUTORY 2. He either: knowingly renders unjust
ORDER interlocutory orders or decree or
Renders a manifestly unjust interlocutory order
thru inexcusable negligence or ignorance
207 MALICIOUS DELAY IN If the delay is not malicious but committed
THE ADIMINSTRATION thru gross negligence, the crime committed
OF JUSTICE is under RA 3019 sec 3 (e).
208 PROSECUTION OF 1. Offender is a public officer / law enforcement The guilt of the alleged violator
OFFENSES, who has a duty to cause the prosecution of or whose offense is being
NEGLIGENCE AND to prosecute offenses prosecuted is a PREJUDICIAL
TOLERANCE 2. He knows the commission of the crime but he QUESTION to the liability of the
commits: officer charged.
 maliciously refraining from instituting
prosecution against violators of the law
 Maliciously tolerating the commission of a
crime
3. Offender acts with deliberate intent to favor
violator
209 BETRAYAL OF PUBLIC 1. by any malicious breach of professional duty or
TRUST BY AN of inexcusable negligence or ignorance, shall
TTORNEY OR prejudice his client,
SOLICITOR – 2. reveal any of the secrets of the latter learned
REVELATION OF by him in his professional capacity
SECRETS 3. having undertaken the defense of a client or
having received confidential information from
said client in a case, shall undertake the
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defense of the opposing party in the same
case, without the consent of his first client.
210 DIRECT BRIBERY PUNISHABLE ACTS: The crime committed by the pub
1. By agreeing to perform or by performing in off cannot be complexed with Agreeing to refrain differs from prevarication
consideration of any offer, promise, gift, or bribery (208). In bribery the offender refrained from
present, an act constituting a crime in doing his official duty in consideration of a
connection with the performance of his official absent acceptance, only the gift or promise. This element isn’t necessary
duties (offer+acceptance consummates) offeror is liable for in 208.
2. By accepting a gift in consideration of the ATTEMPTED CORRUPTION
execution of an act which does not constitute OF PUBLIC OFFICER
a crime, in connection with performance of
official duty (gift accepted;received; unjust act) if the gift is not accepted – only
3. By agreeing to refrain, or refraining from offeror f attempted corruption of
doing something which it is his official duty to public officer under 212
do, in consideration of a gift or promise
Elements of Direct Bribery

1. Offender is a public officer
2. Offender accepts an offer or a promise to
receive a gift or present by himself or thru
another
3. Such offer or promise be accepted, or gift or
present received by the public officer with
a. View of committing a crime
b. execution of an act which does not constitute a
crime, unjust
c. refrain from doing something which it is his
official duty to do
4. the act which the offender agrees to perform or
which he executes be connected with the
performance of his official duties.
211 INDIRECT BRIBERY 1. offender is a public officer There is no attempted or Direct bribery and indirect – in both crimes,
2. he accepts gifts frustrated indirect bribery! the offender receives gift; in DB there is an
3. said gifts are offered to him by reason of his Because it is committed by agreement and the offender agrees, refrains
office accepting gifts offered to the to do something, in IB it is not necessary
public officer by reason of his that the officer should do any particular act
office. If he does not accept or even promise to do an acts, it is enough
gifts, he does NOT commit the he accepts gifts offered by reason of his
crime, if the accepts – office.
consummated.
211-A QUALIFIED BRIBERY 1. offender is a public officer entrusted with law Guilt of offender is prejudicial to if the crime is less than RP the public officer
enforcement the liability of the officer is liable under 208 and DIRECT BRIBERY
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2. offender refrains from arresting or charged
prosecuting an offender who has committed a
crime punishable BY RP &/ DEATH and
3. offender refrains from arresting or
prosecuting the offender
in consideration of any promise, gift, or
present.
212 CORRUPTION OF 1. offender makes to a public officer The crime is attempted if the Punished even if the gift was demanded by
PUBLIC OFFICIALS a. offers or promises offer, promise, gift or present the pub off and the offer was not made
b. gives gifts or presents and was refused; voluntarily prior to demand.
2. the offers or promises are made or gifts given to consummated if accepted by
a public office under circumstances that will the officer.
make the pub off liable for direct bribery
or indirect bribery
RA 3019 ANTI GRAFT COVERAGE
AND CORRUPT
PRACTICES ACT Section 3. Corrupt practices of public officers. The following shall constitute corrupt practices of any public officer and are hereby declared to
be unlawful:
(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.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other
person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his
official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from
any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official
business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits,
advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.
PUNSIHED ONLY IT ITS CONSUMMATED STAGE
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on
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any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which
he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring
the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not
legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to
unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public
officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to
in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any
public official to capitalize or exploit or take advantage of such family or close personal relation by
(a) 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. 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) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined
in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within
the third civil degree, of the
President of the Philippines,
Vice-President of the Philippines,
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President of the Senate, or the
Speaker of the House of Representatives,
to intervene, directly or indirectly, in any business, transaction, contract or application with the Government:
Exceptions:
1. prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government
along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such
assumption of public office,
2. 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,
3. any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress during the term for which he
has been elected, to acquire or receive 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 the same term.
The provision of this section shall apply to 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.
It shall likewise be 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 thirty days after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer,

- within thirty days after the approval of this Act or
- after assuming office, and
- within the month of January of every other year thereafter,
- and upon the expiration of his term of office, or upon his resignation or separation from office,
shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with
the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a
statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid
for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar
year, may file their statements in the following months of January.
Section 8. 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. 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 shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the
contrary.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token
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of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.
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
of the violations penalized in this Act.
RA 7080 ANTI DEFINITION OF TERMS:
PLUNDER ACT
Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the purview of
PLUNDER IS MALA IN Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates
SE by any combination or series of the following means or similar schemes: M-C-D-E-M-T-U
Mens rea must be
proven 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
2) 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;
3) 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;
4) 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;
5) 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
6) 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.
Definition of the Crime of Plunder: Any public officer who, by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons,
 amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as
described in Section 1(d) hereof,
 in the aggregate amount or total value of at least P75,000,000.00,

shall be guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding any
public office.
Any person who participated with said public officer in the commission of plunder shall likewise be punished.
In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances shall be considered
by the court.
FORFEITURE: The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties
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and shares of stock derived from the deposit or investment thereof forfeited in favor of the State.
Section 4. 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.
PATTERN: atleast a combination or series of overt or criminal acts enumerated in 1-6.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years. 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.
213 FRAUDS AGAINST THE PUBLIC OFFCER – The crime is consummated by

TREASURY AND merely entering into an
SIMILAR OFFENSES FRAUDS AGAINST PUBLIC TREASURY: agreement with any interested
1. shall enter into an agreement with any party or speculator or by merely
MALFEASANCE AND interested party or speculator or make use of making use of a scheme to
MISFEASANCE 204-212 any other scheme, to defraud the defraud the government. Not
Government in dealing with any person necessary that govt is actually
with regard to defrauded
furnishing supplies, the
making of contracts, or the
adjustment or settlement of accounts relating to
public property or fund; (intent to defraud+took
advantage of office) Mere demand for a larger When there is deceit in demanding a
amount consummates the crime. greater fee than that prescribed by law, the
ILLEGAL EXACTIONS: crime is estafa
2. Being entrusted with the collection of taxes,
licenses, fees and other imposts, shall be guilty
or any of the following acts or omissions:
a. Demanding the payment of sums different When the culprit is an officer or

from or larger than those authorized by law. employee of the Bureau of
b. Failing voluntarily to issue a receipt, as Internal Revenue or the Bureau
provided by law, for any sum of money of Customs, the provisions of the
collected by him officially. Administrative Code shall be
c. Collecting or receiving by way of payment or applied.
otherwise things or objects of a nature
different from that provided by law.
214 OTHER FRAUDS 1. Offender is a public offender The penalty is special
2. He takes advantage of his official position disqualification , in addition to
3. He commits any of the frauds or deceits the penalties prescribed in the
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enumerated in 315-318 Articles violated. Article does not
define a crime but considered as
SPECIAL AGGRAVATING CIRC.
215 PROHIBITED 1. Offender is an appointive public officer (justices,
TRANSACTIONS judges, fiscals, employees engaged in the
collection or administration of funds)
Transaction: one of 2. He becomes interested directly or indirectly in
exchange or any transaction of exchange or
speculation such as speculation
buying or selling 3. The transaction takes place within the territory
stocks, commodities, subject to his jurisdiction
land hoping to take 4. He becomes interested in the transaction during
advantage of an his incumbency
expected rise and fall
of price
216 POSSESSION OF a public officer who directly or indirectly, shall become
PROHIIBITED interested in any contract or business in which it is
INTEREST BY A his official duty to intervene.
PUBLIC OFFICER
to experts, arbitrators and private accountants
who, in like manner, shall take part in any contract
or transaction connected with the estate or property in
appraisal, distribution or adjudication of which they shall
have acted, and to the guardians and executors with
respect to the property belonging to their wards or
estate.
217 MALVERSATION OF PUNSIHABLE ACTS: A-T-M-C-A-G MALVERSATION COMMITTED BY If the public officer had no authority to
PUBLIC FUNDS OOR 1. By appropriating public funds or property PRIVATE INDIVIDUALS: receive the money and he misappropriated
PROPERTY – 2. By taking or misappropriating the same 1. In conspiracy with the same the crime is ESTAFA; also estafa
PRESUMPTION OF 3. By consenting or thru abandonment or public officers guilty of depending on public character of accused,
MALVERSATION negligence, permitting any other person to take malversation nature of funds, the fact that conversion is
such public funds or property 2. Accessory/ accomplice not required in malversation, no need of
Aka embezzlement 4. Being otherwise guilty of the misappropriation to a pub officer prior demand in malversation, ABSENCE OF
or malversation of such funds or property 3. Custodian of public REQ OF DAMAGE in malversation.
funds or property in
Malversation of Pub Common elements: whatever capacity Private property cannot be the subject of
funds/prop 217-222 1. Offender be a public officer 4. Administrator or malversation. If the property was private
2. He had custody or control over public depository of pub and the one who demanded its return was a
funds or property by reason of duties of office funds private person, not a person in authority, the
3. Those funds or prop were public for which he Malversation can be committed presumption of conversion will not apply.
was accountable thru abandonment or negligence
4. That he appropriated, took, misappropriated or In rpc 222, private property can be the
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consented, thru negligence or abandonment Direct evidence not necessary in subject of malversation as long as such
permitted another person to take them. malversation, as the law funds or property are in custodia legis
presumes that it was committed
the failure of a public officer to have duly when after there has been a Malversation, estafa, qualified theft: all
forthcoming any public funds or property with which he complete thorough reliable involve abuse of confidence, can all be
is chargeable, upon demand by any duly authorized audit, there is a discrepancy in committed by pub officers, except that in
officer, shall be prima facie evidence that he has put such the funds or property. Good estafa and qualified theft the offender must
missing funds or property to personal use. faith is a defense! not be accountable for the funds
appropriated.
Estafa: acquired juridical possession and
took it with abuse of confidence or deceit
QT: mere physical or material possession
took it with abuse of confidence.
218 FAILURE OF 1. The offender is a public officer, whether in the Demand for accounting not
ACCOUNTABLE service or separated therefrom necessary. Misappropriation not
OFFICER TO RENDER 2. He must be an accountable officer for public necessary.
ACCOUNTS funds or property
3. He is required by law or regulation to render
accounts to the COA or to a provincial auditor
4. He fails to do so FOR A PERIOD OF 2 MONTHS
after such accounts should be rendered.
219 FAILURE OF public officer who unlawfully leaves or attempts to leave
RESPONSIBLE PUBLIC the Philippine Islands without securing a certificate from
OFFICER TO RENDER the Insular Auditor showing that his accounts have been
ACCOUNTS BEFORE finally settled,
LEAVING THE
COUNTRY
220 ILLEGAL USE OF AKA TECHNICAL MALVERSATION Here the offender does not derive any
PUBLIC FUNDS OR P–A–L–O personal gain or profit; in malversation, the
PROPERTY 1. Offender is a public officer offender profits from the proceeds of the
2. He has public fund under his administration crime, and the funds are applied to personal
3. Such public fund or property has been use and benefit.
appropriated by law or ordinance
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
Necessary that the funds had been diverted to ANOTHER
PUBLIC USE OTHER than that provided by law or
ordinance.
221 FAILURE TO MAKE Punishable acts:
DELIVERY OF PUBLIC 1. Failing to make payment by a public officer who
FUNDS OR PROPERTY is under obligation to make such payment from
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government funds in his possession
2. Refusing to make delivery by a public officer
who has been ordered by competent authority
any property under his custody/administration
Refusal must be malicious and mist have resulted in
damage to public interest
222 OFFCIERS INCLUDED 1. private individuals who in any capacity Administrator – does not include judicial
IN THE PRECEDING whatever, have charge of any insular, provincial administrator appointed to administer the
PROVISIONS or municipal funds, revenues, or property and estate of a deceased person because he is
2. any administrator or depository of funds or not in charge of any property attached
property attached, seized or deposited by public impounded or placed by public authority.
authority, even if such property belongs to a Conversion of effects in his trust  estafa
private individual.
223 CONNIVING OR 1. offender is a public officer 223 – by conniving or consenting to the
CONSENTING TO 2. he had in his custody or charge A PRISONER, escape of a prisoner, public officer having
EVASION either detention prisoner or prisoner by FJ the legal charge or custody of a prisoner
3. such prisoner escaped from his custody and
Infidelity of public 4. he was in connivance with the prisoner in his 156 delivery – removing from jail a prisoner
officers 223-230 escape confined therein or helping in the escape 
by an outsider or by a public officer who
does NOT have the official charge or custody
of the prisoner
224 EVASION THRU 1. offender is a public officer Recapture does not afford If the fugitive is serving sentence by reason
NEGLIGENCE 2. he is charged with the conveyance or custody of complete exculpation of Fj  liable for evasion of service 157
a prisoner wither detention prisoner or prisoner Only detention prisoner  no criminal
by Fj liability
3. such prisoner escaped thru his negligence
225 ESCAPE OF PRISONER 1. offender is a private person n/a if private person was the one who made
UNDER THE CUSTODY 2. conveyance or custody of a prisoner or person the arrest and he consented to the escape of
OF A PERSON NOT A under arrest is confided to him the person to be arrested.
PUBLIC OFFICER 3. prisoner or person under arrest escapes
4. offender consetns to the escape /thru
negligence
226 REMOVAL 1. offender is a public officer – officially entrusted If the offender is a private individual, estafa
CONCEALMENT OR with docs or papers is committed, if there is damage caused.
DESTRUCTION OF 2. he removes conceals or destroys docs or papers If there is no damage, malicious mischief!
DOCUMENTS – for an illicit purpose – to:
 tamper with it
 profit by it or
 commit an act constituting breach of trust in the
official care thereof
3. Said docs or papers should have been entrusted
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to such public officer by reason of his office
4. Damage serious or not to a 3rd party or to public
interest should have been caused.
227 Officer breaking seal
228 OPENING OF CLOSED
DOCUMENTS
229 REVELATION OF 1. Revealing any secret known to the offending Higher penalty for serious 229 - papers contain secrets and therefore
SECRETS BY AN pub off by reason of his official capacity , damage should not be published and the pub off
OFFICER without authority + damage to public interest having charge thereof removes and delivers
2. Delivering wrongfully papers or copies of papers them wrongfully to a third person
which he may have charge and which should
not be published 226 - Infidelity in the custody of papers by
removing the same – papers do not contain
secrets but removal is for illicit purpose
230 PUBLIC OFFICER Any public officer to whom the secrets of any private Damage not necessary If committed by a lawyer – 209; offender is
REVEALING SECRETS individual shall become known by reason of his office who a private individual 290/291
OF PRIVATE shall reveal such secrets
INDIVIDUAL
231 OPEN DISOBEDIENCE any judicial or executive officer who shall openly refuse to
execute the judgment, decision or order of any superior
authority made within the scope of the jurisdiction of the
latter and issued with all the legal formalities
232 DISOBEDIENCE TO Any public officer who, having for any reason suspended
ORDER OF SUPERIOR the execution of the orders of his superiors, shall disobey
OFFICER WHEN SAID such superiors after the latter have disapproved the
ORDER WAS suspension
SUSPENDED BY
INFERIOR OFFICER
233 REFUSAL OF
ASSISTANCE
234 REFUSAL TO having been elected by popular election to a public office,
DISCHARGE ELECTIVE shall refuse without legal motive to be sworn in or to
OFFICE discharge the duties of said office
235 MALTREATMENT OF 1. Public officer or employee
PRISONERS 2. He has under his charge a prisoner convicted by
FJ or a detention prisoner
3. He maltreats such prisoner in either of the ff
manners:
a. By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either :
o By the imposition of punishments not
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authorized by regulations
o By inflicting such punishments – those
authorized – in a cruel and
humiliating manner
b. By maltreating such prisoner to extort
a confession or obtain some information
from the prisoner.
TITLE EIGHT: CRIMES AGAINST PERSONS
246 PARRICIDE 1. A person is killed by the accused Parricide but penalty shall not be CHILD IS MORE 3 DAYS OLD ++
2. The person killed is the RP to death IF LESS THAN 3 DAYS  infanticide 247
Father, Mother or Child 1. Parricide thru
Whether legitimate or illegitimate or other negligence 365
legitimate ascendant or descendant, or the 2. Parricide thru mistake
legitimate spouse of the accused 49
3. Parricide under
Relationship of the offender with the victim is an essential exceptional circ 247
element
1. If a person wanted to kill a stranger but by
mistake killed his own father – A49 applies
(crime committed is different from that
intended) penalty for the lesser, at max pd
2. Stranger who cooperate – homicide or murder
3. The RELATIONSHIP MUST BE ALLEGED, if not
alleged in the info, it is considered aggravating
Law doesn’t require knowledge of relationship.

Proof of legitimacy is not required if the deceased
is either – father, mother, child of accused. To other
ascendants or descendants, or spouse, relationship must
be legitimate.
247 DEATH OR PI Elements: If only less serious or slight PI were inflicted
INFLICTED UNDER 1. Legally married person or a parent surprises A 247 shall operate as an absolutory cause
EXCEPTIONAL his spouse or his daughter (under 18 + living to exculpate the accused from any
CIRCUMSTSANCES with him) in the act of committing sexual criminal liability
intercourse
Any legally married 2. He or she kills any or both of them or inflicts
person who having any SPI in the act or immediately thereafter
surprised his spouse in 3. He has not promoted or facilitated the
the act of committing prostitution of his wife or daughter, or that he
sexual intercourse with has not consented to the infidelity of his spouse.
another person, shall
kill any of them or both A247 does not define a felony because the accused is
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of them in the act or sentenced to destierro
immediately thereafter,
or shall inflict upon Immaterial whether the offending daughter is legitimate
them any serious or illegitimate
physical injury, shall
suffer the penalty of Sexual intercourse does not include preparatory acts
destierro.
248 MURDER 1. With treachery, taking advantage of superior Where there are more than 1
strength, with the aid of armed men, or employing qualifying circumstances
Any person who, not means to weaken the defense or of means or persons present, only one will qualify
falling within the to insure or afford impunity. the killing,
provisions of Article with the rest to be considered as
246 shall kill another, 2. In consideration of a price, reward, or promise. generic aggravating
shall be guilty of circumstances
murder and shall be 3. By means of inundation, fire, poison, explosion, except when they are absorbed
punished by reclusion shipwreck, stranding of a vessel, derailment or or included in one qualifying circ
temporal in its assault upon a street car or locomotive, fall of an airship,
maximum period to by means of motor vehicles, or with the use of any other Any of the qualifying
death, if committed means involving great waste and ruin. circumstances in 248 must be
with any of the alleged in the info
following attendant 4. On occasion of any of the calamities enumerated
circumstances: in the preceding paragraph, or of an earthquake, eruption EP and Treachery are inherent in
of a volcano, destructive cyclone, epidemic or other public murder by means of poison 
calamity. but the use of poison is not
inherent in murder. It only
5. With evident premeditation. become inherent if there is
intent to kill and the poison is
6. With cruelty, by deliberately and inhumanly used as means to kill.
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse. Use of a loose firearm when
inherent in the crime shall be
considered as AGGRAVATING C.
249 HOMICIDE Elements: CORPUS DELICTI: means that a In an attempted or frustrated homicide,
1. A person was killed crime is actually perpetrated and the offender must have the intent to kill the
Any person who, not 2. Accused was killed without any justifying does not refer to the body of the victim. If there is no intent to kill the victim
falling within the circumstance murdered person. he is liable for PHYSICAL INJURIES
provisions of Article 3. Accused had the intention to kill WHICH IS
246, shall kill another PRESUMED THERE CAN BE NO CRIME OF
without the attendance 4. Killing not attended by qualifying circumstances ATTEMPTED OR FRUSTRATED
of any of the or murder, or by that of parricide or infanticide HOMICIDE THRU IMPRUDENCE.
circumstances
enumerated in the next Intent to kill is CONCLUSIVELY PRESUMED when death
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preceding article results; evidence of intent to kill is important only in
attempted or frustrated homicide.
251 DEATH CAUSED BY 1. There are several persons Persons liable:
TUMULTUOUS AFFRAY 2. They did not compose groups organized for the 1. The persons who
common purpose of assaulting and attacking inflicted the SePI are
Tumultuous affray: a each other reciprocally, otherwise, they may be liable
melee or free for all, held liable as co-conspirators. 2. If it is not known who
atleast 4 where several 3. Several persons quarreled and assaulted one inflicted the SePI on
persons not comprising another in a confused or tumultuous manner the deceased, ALL the
of definite identifiable 4. Someone was killed in the course of the affray persons who used
groups attack one 5. It cannot be ascertained who killed the violence upon the
another resulting in deceased person of the victim
death in one or some 6. Persons who inflicted spi or who used violence are liable but with
of them. can be identified. lesser liability
252 PHYSICAL INJURIES When in a tumultuous affray only serious physical injuries
INFLICTED IN A are inflicted upon the participants thereof and the person
TUMULTUOUS AFFRAY responsible thereof cannot be identified, all those who
appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in
degree than that provided for the physical injuries so
inflicted.
When the physical injuries inflicted are of a less serious

nature and the person responsible therefor cannot be
identified, all those who appear to have used any violence
upon the person of the offended party shall be punished
by arresto mayor from five to fifteen days.
253 GIVING ASSISTANCE ASSISTING WHETHER S. IS CONSUMMATED OR NOT Penalty for giving assistance to
TO SUICIDE Any person who shall assist another to commit suicide suicide if the offender is the
shall suffer the penalty of prision mayor; father, mother child or spouse of
the one committing suicide is
if such person leads his assistance to another to the the same.
extent of doing the killing himself, he shall suffer the
penalty of reclusion temporal.
254 DISCHARGE OF 1. Offender discharges a firearm against or at If in the discharge of firearm, If the firearm was not aimed at another
FIREARMS another person the offended party is hit and person, the crime committed was alarms
2. Offender has no intention to kill that person wounded, there is a complex and scandals.
crime if discharge of firearm
The purpose is to frighten or intimidate the offended with Se/Less Se PI No offense for illegal discharge of firearms
party. through imprudence
if the discharge is coupled with intent to kill, the crime is If slight PI, no complex crime
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frust/attempt parricide, murder, or homicide but 2 separate offenses
255 INFANTICIDE 1. Killing of a child less than 3 days old , Only the mother (must be of No crime for infanticide if the child has been
2. whether the killer is parent, gp, relative or good reputation)and the dead or if although born alive, it could not
stranger maternal gp are entitled to the sustain independent life when it was killed.
Father or mother or other legitimate ascendant who kills mitigating circumstance of
child less than 3 days old  penalty is for parricide concealing the mother’s
dishonor
Treachery is inherent in infanticide.
Other persons who kills or who
cooperates in killing child with
the mom/gp will suffer the
penalty for murder
256 INTENTIONAL Ways of committing: Persons liable: If fetus could sustain an independent life
ABORTION 1. using violence upon person of the woman 1. person who (the fetus must have had an IU life of atleast
2. without violence, without consent of woman, act intentionally caused 7 mos) after its separation from the
Willful killing of the by administering drugs or beverages abortion maternal womb, and it is killed, the crime is
fetus in the uterus or 3. acting with the consent of the woman by 2. pregnant woman if she infanticide NOT abortion
the violent expulsion of administering drugs or beverages consented under 258
the fetus from the elements: There is no crime of frustrated unintentional
maternal womb which 1. pregnant woman if grave threats were made to abortion
results in the death of 2. violence is exerted, or drugs or beverages cause abortion, a complex crime
the fetus administered or that the accused acts upon such of grave threats and intentional
woman abortion is committed.
3. as a result, the fetus dies
4. abortion is intended If light threats were made  2
separate crimes of light th and
as long as the fetus dies as a result of the violence or intentional abortion.
drugs, the crime exists even if fetus is over or less than 6
months or full term.
257 UNINTENTIONAL 1. Pregnant woman There is complex crime of
ABORTION 2. Violence used upon such pregnant woman w/o homicide with unintentional
intending abortion abortion
3. Violence is intentionally exerted
4. Fetus dies as a result of violence Complex crime of parricide with
unintentional abortion
Complex crime of parricide with

abortion
258 ABORTION PRACTICED 1. There is a pregnant woman who has suffered There is no mitigation for The third person is liable under 256
BY THE WOMAN an abortion parents of the pregnant woman
HERSELF OR PARENTS 2. Abortion is intended even if the purpose is to conceal If the purpose is other than to conceal a
3. Abortion is caused by woman herself, any other dishonor in abortion, unlike in woman’s dishonor, abortion by any of her
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person with her consent, any of her parents, infanticide. parents falls under 256.
with her consent , for the purpose of concealing
dishonor.
259 Abortion practiced by a physician or midwife who, taking advantage of their If abortion was not intended or
physician or midwife in scientific knowledge or skill, shall cause an abortion or was a result of mistake, no
dispensing of abortives assist in causing the same. – punished max pd for crime.
intentional abortion
Any pharmacist who, without the proper prescription from

a physician, shall dispense any abortive shall suffer
arresto mayor and a fine not exceeding 1,000 pesos.
PHYSICAL INJURIES Formal crime, always consummated ; penalty is based on PI VS ATT/FRUST HOMICIDE/ MURDER
the gravity of the injury
The latter may be committed even wihoty
Intent to kill is determined by injuries; intent is presumed
1. Kind of weapon
2. Nature number and location of woun PI has not intent to kill, must be proved
3. Words uttered by the offender conclusively
262 MUTILATION 1. Intentionally mutilate another by depriving him, ALWAYS INTENTIONAL Distinguished from PI: here there is a
either totally or partially, OF some essential special intention of clipping off a body part
organ of reproduction. + purposely, CRUELTY is inherent in
deliberately mutilation. If the victim dies, the Lack of intent to chop off body part after
2. Intentionally making other mutilation that is by crime is murder qualified by fighting  crime is PI
lopping or clipping off any part of the body cruelty, but the offender may
OTHER THAN essential organ for reproduction , still prove he had no intention
to deprive him of that body part (mayhem) to commit so grave a wrong.
263 SERIOUS PHYSICAL SPI: If robbery is committed and the there must be no intent to kill otherwise the
INJURIES injured person suffers 3 crime would be attempted or frustrated
1. injured person shall become insane, imbecile, (deformed etc) and 4, the homicide, parricide, or murder as the case
SPI impotent, or blind (BOTH EYES); crimes committed are: may be.
2. injured shall have 1. special complex crime

 lost the use of speech or power to hear (BOTH of robbery with SPI – if
EARS) or to smell, or shall have lost an eye, a the injured person is
hand, a foot, an arm, or a leg OR not responsible for
 lost the use of any such member, or robbery
 become incapacitated for the work in which he 2. separate crimes of
was therefor habitually engaged; robbery and SPI – if
injured is a robber
3. person injured shall have become
 deformed (ugliness, permanent and definite
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abnormality, visible) or SPI may be committed by
 shall have lost any other part of his body, or reckless imprudence or by
 shall have lost the use thereof, or simple imprudence or negligence
 shall have been ill or incapacitated for the under A365
performance of the work in which he as
habitually engaged for a period of more than Qualifying circumstances:
90 days; 1. offense committed
against persons
* in par 2 and 3 the victim must have a vocation or work enumerated in the
at time of injury crime of parricide 246
2. with attendance of
4. if the physical injuries inflicted shall have caused the circumstances that
illness or incapacity for labor of the injured person for qualifies the crime to
more than thirty days, but not more than 90 murder
264 ADMINISTERING 1. Offender inflicted upon another any serious It is frustrated murder if there was intent to
INJURIOUS physical injury kill (inj substance=poison)
SUBSTANCES OR 2. It was done knowingly administering to
BEVERAGES him any injurious substance or beverages
or by taking advantage of his weakness of mind
or credulity
3. He had no intent to kill
265 LESS SERIOUS Elements:
PHYSICAL INJURIES 1. incapacitated for labor for 10 days or more, (10-
LSPI 30 days) or shall require medical assistance for
the same period
2. the injuries must not be as described in the
preceding articles
Qualified LSPI:
1. fine in addition to ArrM
a. manifest intent to insult or offend the
injured person, or
b. under circumstances adding ignominy to
the offense
2. higher penalty imposed when the victim is
a. offender's parents, ascendants, guardians,
curators, teachers, or
b. persons of rank, or persons in authority, in
the case of persons in authority, the deed
does not constitute the crime of direct
assault.
266 SLIGHT PHYSICAL 1. incapacitate the offended party for labor from one to If PI were inflicted with intent When there is no evidence of actual
INJURIES nine days (1-9 DAYS), or shall require medical attendance to insult or humiliate the physical injury, it is only slight physical
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during the same period. injured , the intent to injuries.
insult/humiliate shall be
2. physical injuries which do not prevent the offended considered Supervening event converting the crime into
party from engaging in his habitual work nor 1. as agg circ of ignominy SPI after the filing of the info for slight PI
require medical assistance. in the case of SPI shall still be the subject of amendment or of
2. increasing the penalty a new charge
3. when the offender shall ill-treat another by deed and qualifying the
without causing any injury. crime in case of LSPI LSPI AND SL PI: incapacity from labor and
3. separate crime of medical attendance, 10-30 days, 1-9 days
Any physical violence which does not produce slander by deed in
injury such as slapping the face of the offended party, SERIOUS: incap from work – permanent or
case of Slight PI.
without causing dishonor over 90 days; incap from labor 31-90
RA 9262 ANTI ELEMENTS:
VIOLENCE AGAINST 1. Offender has or had a sexual or dating relationship with the offended woman
WOMEN AND THEIR 2. Offender by himself or through another commits an act or series of acts of harassment against the woman – WIFE, former
CHILDREN wife, sexual/dating relationship/ common child/against her child legit or illegit
3. Harassment alarms or causes substantial emotional or psychological distress to her.
DEFINITION:
"Violence against women and their children" 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, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" 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.
C. "Psychological violence" 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,
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- 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.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the
following:
1. 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;
2. 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;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed
through any of the following acts:
PHYSICAL VIOLENCE
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the
right to desist from or desist from conduct which the woman or her child has the right to engage in, or
- attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of
force, physical or other harm or threat of physical or other harm, or
- intimidation directed against the woman or child.
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:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) 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;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) 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;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by
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force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children
RA 9775 ANTI CHILD
PORNOGRAPHY ACT
OF 2009
266-A ANTI RAPE LAW CLASSIFICATION OF RAPE :
TRADITIONAL RAPE: under 335 carnal knowledge of a woman against her will, the offender is always a man and the offended party is always
a woman
SEXUALT ASSAULT: committed when the offender inserts his penis to another person’s mouth or anal orifice or by inserting an instrument
or object into the genital or anal orifice of another person
ELEMENTS of RAPE-
1) By a man
2) who shall have carnal knowledge of a woman under any of the following circumstances: F – D – G – U
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances
mentioned above be present.
 if the offender knows that the victim is demented, qualified rape is committed.
RAPE THRU SEXUAL ASSAULT

Elements –
1. offender commits an act of sexual assault by
a) inserting his penis into another person’s mouth or anal orifice
b) by inserting any object into the genital or anal orifice of another
2. the act of assault is accomplished under any of the circumstances in the first way of committing rape – F D G U
ACTS OF EXECUTION:
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CONSUMMATED
- complete or total penetration is not necessary; neither is rupture of the hymen essential
- But there must be sufficient proof of the touching of the ladies or that it slid to the female organ; not merely stroked external
surface; labia majora atleast must be entered
NO FRUSTRATED CRIME OF RAPE

- Slightest touching of genitals consummates it
ATTEMPTED RAPE
- No penetration because not all acts of execution were performed; but there should be intention to have carnal knowledge
- If touching is without intent to penetrate  acts of lasciviousness
RAPE THROUGH SEXUAL ASSAULT: using fingers , under sexual assault, but the instrument other than penis should be inserted in the genital
or anal orifice of another person
STATUTORY RAPE: committed when the girl is under 12 ; offender’s knowledge of her age is IMMATERIAL; also mental age is considered.
Consent is always deemed involuntary.
RAPE SHIELD RULE: evidence of complainant’s past sexual conduct, opinion or his/her reputation shall not be admitted unless, and only to
the extent that the court finds that such evidence is material or relevant to the case
266-B QUALIFIED RAPE
A. Rape shall be punished by reclusion perpetua:
1. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.
2. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to
death.
3. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion
perpetua to death. – SPECIAL COMPLEX CRIME
4. When by reason or on the occasion of rape, homicide is committed, the penalty shall be death. – SPECIAL COMPLEX CRIME
Homicide in the special complex crime mentioned are understood in its generic sense, such that murder and slight pi are included; if
there are qualifying circ such as treachery, abuse of superior strength, alleged in the information, the same would not qualify the killing to
murder AND THE CRIME is STILL RAPE WITH HOMICIDE.
B. Death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:
1. When the victim is under eighteen (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 the victim;
2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
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3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil
degree of consanguinity;
4. When 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. When the victim is a child below seven (7) years old;
 IN 1 AND 5, the information must state the exact age of the victim at the time of the commission of the offense
6. When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
7. When committed by any member of the Armed Forces of the Philippines or para-military units thereof or PNP or any
law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the
crime;
8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at
the time of the commission of the crime.
For rape by sexual assault: Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
1. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to
reclusion temporal.
2. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
3. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion
temporal to reclusion perpetua.
4. When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances
mentioned in this article.
266-C EFFECT OF PARDON The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.
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.
266-D PRESUMPTIONS EVIDENCE WHICH MAY BE ACCEPTED IN THE PROSECUTION OF RAPE:
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."
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
267 Kidnapping and Elements: Kidnapping with (special Distinguished from forcible abduction with
Serious Illegal 1. Offender complex crimes): rape
Detention - private individual who is not any of the parents 1. homicide – as consequence In the forcible abduction with rape:
of the victim nor a female; or of detention, the victim dies - outset there is lewd designs
- public officer who has no duty under the law to or is killed - it is a complex crime under article
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detain a person - if third person killed, it 48
2. he kidnaps or detains another, or in any manner is a separate crime of - as to effect of attempted rape,
deprives the latter of his liberty homicide or murder crime is forcible abduction only,
3. act of detention illegal - if third person a the attempted rape being an
4. in the commission of the offense, any of the ff are policemen rescuing expression of the lewd design
present: 3 – S – I – M – W – P the victim, other crime (unlike in kidnapping, attempted
- kidnapping lasts for more than 3 days will be direct assault rape shall be considered a separate
- committed simulating public authority with homicide crime;
- any serious physical injuries are inflicted upon 2. rape – as consequence of - if there are multiple rapes, only
the person kidnapped or detained or threats to detention, victim is raped one is complexed with forcible
kill him are made; or abduction and the rest shall be
- the person kidnapped or detained is a minor, considered as separate crimes
female or a public official
Distinguished from Arbitrary Detention
Kidnap for Ransom: In arbitrary detention,
1. intent on the part of the accused to deprive the - it is a crime against the
victim of his liberty fundamental law of the State
2. actual deprivation of the victim of his liberty; - offender is a public officer
and - he detains a person without legal
3. motive of the accused, which is extorting ground
ransom for the release of the victim
268 SLIGHT ILLEGAL ELEMENTS: Liability mitigated when the ff
DETENTION 1. private individual offender concur: r – w – b
2. he kidnaps or detains another 1. offender voluntarily releases
3. act of kidnapping or detention is illegal person kidnapped within 3
4. crime committed without the attendance of the days from detention
circumstances under Art 267 2. without having attained the
purpose intended; and
3. before the institution of
criminal proceedings against
him
Penalty of accomplice same with

principal
269 UNLAWFUL ARREST ELEMENTS: Distinguished from Arbitrary Detention
1. offender arrests or detains another In Arbitrary Detention
2. purpose is to deliver him to the proper authorities - it is a crime against the
3. arrest/detention is unauthorized by law or there is no fundamental law of the state
reasonable ground therefore - offender a public officer
- no intention to bring offended
party to proper authorities but to
detain him
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- although authorized, detains a
person without legal ground
270 KIDNAPPING OF AND ELEMENTS May be committed by mother or
FAILURE TO RETURN A 1. offender is entrusted with custody of a minor father
MINOR 2. he deliberately fails to restore said minor to parents
or guardian It is necessarily included in
Kidnapping and Serious Illegal
Detention of Minor
271 INDUCING MINOR TO ELEMENTS
ABANDON HIS HOME 1. Minor is living in the home of his parents or guardian
or the person entrusted with his custody; and
2. Offender induces minor to abandon such home
272 SLAVERY ELEMENTS: Qualifying – purpose of offender
1. Offender purchases, sells, kidnaps or detains a is to assign offended party to
human being; and some immoral traffic
2. Purpose of offender is to enslave such human being
273 EXPLOITATION OF ELEMENTS:
CHILD LABOR 1. Offender retains a minor in his service
2. It is against the will of the minor; and
3. It is under pretext of reimbursing himself of a
debt incurred by and ascendant, guardian or
person entrusted with the custody of such minor
274 SERVICES RENDERED ELEMENTS;
UNDER COMPULSION 1. Offender compels a debtor to work for him, either as
IN PAYMENT OF DEBT household servant or farm laborer
2. It is against the debtor’s will; and
3. The purpose is to require or enforce payment of a
debt
Note: there must be creditor-debtor relationship,

otherwise it is coercion.
275 ABANDONMENT OF Punishable Acts:
HELPLESS PERSONS 1. By failing to render assistance to any person who the
AND EXPLOITATION offender finds in an uninhabitable place wounded or
OF MINORS in danger of dying when he can render such
assistance without detriment to himself, unless such
omission shall constitute a more serious offence
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured; or
3. By failing to deliver a child under 7 years of age
whom the offender has found abandoned, to the
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authorities or to his family, or by failing to take him
to a safe place
276 ABANDONING A ELEMENTS: Qualifying:
MINOR 1. Offender has custody of a child 1. When death of minor
2. Child is under 7 years of age resulted
3. He abandons such child; and 2. If life of minor was in
4. He has no intent to kill the child when the latter is danger because of
abandoned such abandonment
Note: if there is intent to kill and the child dies, it is

murder, parricide or infanticide.
277 ABANDONMENT OF PUNISHABLE ACTS
MINOR ENTRUSTED 1. By delivering a minor to a public institution or other
WITH HIS CUSTODY; persons without the consent of the one who
INDIFFERENCE O entrusted such minor to the care of the offender or,
PARENTS in the absence of that one, without the consent of
the proper authorities; and
2. By neglecting his (offender’s) children by not giving
them the education which their station in life requires
and financial condition permits
278 EXPLOITATION OF PUNISHABLE ACTS Qualifying: when delivery of the
MINORS 1. Causing any boy/girl under 16 to perform any child is made in consideration of
dangerous feat of balancing, physical strength or any price, consideration or
contortion, the offender being any person promise
2. Employing children under 16 who are not 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 descendant under 12 in such
dangerous exhibitions.
4. Delivering a child under 16 gratuitously to any person
following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or
beggar.
5. Inducing any child under 16 to abandon the home of
its ascendants, guardians, curators, or teachers to
follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to accompany
any habitual vagrant or beggar.
279 ADDITIONAL
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PENALTIES FOR
OTHER OFFENSES
280 QUALIFIED TRESPASS ELEMENTS Qualifying: if committed by
TO DWELLING 1. Offender a private person means of violence/intimidation
2. He enters dwelling of another; and
3. Such entrance is against the will of the owner If a person is killed after
trespass, ff crimes are
committed:
- Separate crimes of
homicide or murder
and qualified
trespass to dwelling
if there was no intent
to kill when he entered
- Homicide or murder
with dwelling as
aggravating
circumstance if there
was intent to kill
Provision not applicable when:

- Entrance made for
purpose of preventing
some serious harm to
himself, occupants or a
third person;
- Purpose is to render
some service to
humanity or justice;
and
- Place is a café, tavern
or inn and other public
place while the same
are open
281 OTHER FORMS OF ELEMENTS:
TRESPASS 1. Offender enters the closed premises or the fenced
estate of another
2. Entrance is made while either of them is uninhabited
3. Prohibition to enter must be manifest; and
4. Trespasser has not secured the permission of the
owner or caretaker
282 GRAVE THREATES By threatening another with the infliction upon the Mitigating
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person, honor or property of the victim or of his family - Offender had not
of any wrong amounting to a crime, with or without attained his purpose
any demand for money or any condition imposed, even - Threat not have been
though not unlawful, and whether or not the offender made to a condition
shall have attained his purpose
Qualifying
- Offender attained
purpose
- Threat made in writing
or through a middle
man
283 LIGHT THREATS ELEMENTS:
1. Offender makes a threat to commit a wrong
2. Wrong does NOT constitute a crime
3. There is a demand for money or a condition is
imposed, even though not unlawful; and
4. Whether or not offender attained his purpose
284 BOND FOR GOOD When a person is required to give bail bond: Additional penalty, desyierro
BEHAVIOUR 1. When he threatens another under circumstances in
art. 282; and
2. When he threatens another under circumstances
under art. 283.
285 OTHER LIGHT PUNISHABLE ACTS There is no demand for money.
THREATS 1. Threatening another with a weapon, or drawing such
weapon in a quarrel, unless it be in lawful self- No condition imposed.
defense
2. Orally threatening another, in heat of anger, with Threat is not deliberate.
some constituting a crime without persisting in the
idea involved in his threat; and
3. Orally threatening to do another any harm not
constituting a felony
286 GRAVE COERCION WAYS OF COMMITTING GRAVE COERCION
1. By preventing another by means of violence,
threats or intimidation, from doing something not
prohibited by law (PREVENTIVE);
2. By compelling another by means of violence,
threats, or intimidation, to do something against his
will, whether it be right or wrong
287 LIGHT COERCION ELEMENTS Light coercion will be unjust vexation when
1. Offender must be a creditor the element of violence or intimidation is
2. He seizes anything belonging to his debtor absent.
3. Seizure of the thing be accomplished by means of
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violence or a display of material force producing
intimidation; and
4. Purpose of the offender is to apply the same to
the payment of debt
288 OTHER SIMILAR PUNISHABLE ACTS
COERCIONS 1. Forcing or compelling, directly or indirectly, or shall
knowingly permit any laborer or employee employed
by him or by such firm or corporation to be forced or
compelled, to purchase merchandise or commodities
of any kind.
2. Paying wages due a laborer or employee employed
by him, by means of tokens or objects other than the
legal tender currency of the laborer or employee.
289 FORMATION, ELEMENTS The act should not be a more

MAINTENANCE AND 1. Offender ploys violence or threats, in such a degree serious offense.
PROHIBITION OF as to compel or force the laborers or employers in
CAPITAL OR LABOR the free and legal exercise of their industry or work; Preventing employee from
THROUGH VIOLENCE and joining any registered labor
OR THREATS 2. Purpose is to organize, maintain or prevent coalitions organization is punished under
of capital or laborers or lockout of employers. the Labor Code, not under the
RPC.
290 DISCOVERING ELEMENTS Not applicable to: If purpose of seizure is to cause damage,
SECRETS THROUGH 1. Offender a private individual or even a public officer 1. Parents, guardians or estafa is committed.
SEIZURE AND not in the exercise of official function persons entrusted with the
CORRESPONDENCE 2. He seizes the papers or letters of another custody of minors with
3. Purpose is to discover the secrets of such other respect to the papers or
person; and letters of the children;
4. Offender is informed of the contents of the papers or 2. Spouses with respect to the
letters seized papers or letters of either of
them
Prejudice is not an element of this offense.
This cannot be committed through negligence.

291 REVEALING SECRETS ELEMENTS
WITH ABUSE OF 1. Offender is a manager, employee or servant
OFFICE 2. He learns the secrets of his principal or master in
such capacity; and
3. He reveals such secrets.
Secrets must be learned by reason of their employment
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Damage not necessary.
292 REVELATION OF ELEMENTS
INDUSTRIAL SECRETS 1. Offender is a person in charge, employee or
workman of a manufacturing or industrial
establishment
2. Manufacturing/industrial establishment has a secret
of the industry which the offender has learned
3. Offender reveals such secrets
4. Prejudice is caused to the owner
Secrets must relate to the manufacturing process

RA 4200 THE ANTI-WIRE It is unlawful for any person, not being authorized by all the parties to any private communication or spoken word:
TAPPING ACT 1. To tap any wire or cable, or
2. To use any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a
device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder
3. To knowingly possess any tape record, wire record, disc record of any communication or spoken word or copies thereof,
4. To replay the same for any other person or persons;
5. To communicate the contents thereof, either verbally or in writing,
6. To furnish transcriptions thereof, whether complete or partial, to any other person
Exception: When peace officer authorized by written order from the court.
“Any other device or arrangement” does not cover an extension line.
The provisions of Republic Act No. 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
TITLE TEN: CRIMES AGAINST PROPERTY

ANTI FENCING LAW "Fencing" is the act of any person who,
PD1612 - with intent to gain for himself or for another,
- shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or
- in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or theft.
"Fence" includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject
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of robbery or thievery shall be prima facie evidence of fencing.
Exception – with clearance or permit to sell:

- all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from
an unlicensed dealer or supplier thereof,
- 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.
Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and
regulations promulgated thereunder shall upon conviction be punished as a fence.
293 WHO ARE GUILTY OF CLASSIFICATION: When the violence results in If real property is occupied or real right is
ROBBERY 1. robbery with violence against or intimidation of persons homicide rape intentional usurped by means of violence against or
2. Robbery by use of force upon things mutilation or any SPI penalized intimidation of persons, the crime is
ROBBERY: in par 1 and 2 of 263, the taking usurpation under 312.
> taking of personal Elements of robbery – in general IS ROBBERY COMPLEXED WITH
property belonging to 1. There be personal property belonging to another ANY OF THOSE CRIMES IN 294, Intent to gain is presumed from the unlawful
another 2. There is unlawful taking even if the taking was already taking of personal property
> with intent to gain 3. taking must be with intent to gain animus lucrandi complete when the violence was
> by means of violence 4. there is VIOLENCE AGAINST or intimidation or FORCE used by the offender. The elements of property belonging to
against or intimidation used upon things another + intent to gain must concur
of persons or using 294 applies only where the If there is no intent to gain, estafa or
force upon anything the test of personal property : won it is susceptible of robbery with violence coercion may be committed
appropriation and transportation against/intim takes place
Force: used to break without entering an inhabited If it is the owner who forcibly takes the
doors, wardrobes, violence/intimidation: unlawful taking is complete when house under circ in 299; when personalty from lawful possessor estafa
chests other offender has already possession , even if no opp to both (VIOLENCE AND under 316(3) since the former cannot
locked/sealed furniture dispose ENTERING) are present the commit robbery on its own property even if
inside the bldg. or to force upon things: thing must be brought outside the offense shall be considered as a he uses violence or intimidation .
force them to open building for consummated robbery to be committed complex crime under A48, and
outside after taking. If the penalty shall be for the
not  theft! graver offense in max pd
294 ROBBERY WITH PUNSIHABLE ACTS: H-RI-I-L-C-D-N robbery accompanied with rape When the offender’s intent to take is an
VIOLENCE AGAINST 1. when by reason or on occasion of the robbery, is committed with a use of a afterthought and his original intent is to kill
OR INTIMIDATION OF a. the crime of homicide shall have been committed. deadly weapon or by two or 2 SEPARATE CRIMES 
PERSONS b. robbery accompanied by rape or intentional more persons, the penalty shall HOMICIDE/MURDER AND THEFT
mutilation, or be reclusion perpetua to death
If rape was the primary objectice of the
2. any of the physical injuries penalized in subdivision OFFENSES KNOWN AS SPECIAL accused and his taking was not with intent
1 of Article 263 (insane, imbecile, impotent, or blind); COMPLEX CRIMES to gain but as tokens  2 separate crimes
Provided, however, that when the robbery accompanied  rape and unjust vexation
with rape is committed with a use of a deadly weapon or 1. Robbery with homicide
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by two or more persons, the penalty shall be reclusion 2. Robbery with rape There is no crime of robbery with MULTIPLE
perpetua to death 3. Robbery with int mut HOMICIDE OR MULTIPLE Rape –only one
4. Robbery with arson special complex crime; the additional
3. any of the physical injuries penalized in subdivision 2 5. Robbery with SeriousPI rapes/homicides will be considered
ARTCLE 263 aggravating
WHEN THE PERSON INJURED R+h: whether parricide or
a. loses the use of speech, or the power to hear or murder or where several
to smell, or loses an eye, hand, foot, arm, leg persons are killed. The
b. loses use of any such member or qualifying circumstance like If the less serious or slight pi were
c. becomes incapacitated for he work in which he treachery will only become committed after the robbery, constitutes
was therefore habitually engaged AGGRAVATING; separate offense
homicide may precede or occur
4. if the violence or intimidation employed in the after robbery; but intent to take In grave coercion – there is no intent to gain
commission of the robbery shall have been before killing
- carried to a degree clearly unnecessary for the In bribery – when the victim has committed
commission of the crime, (+need not result in SPI) or R+rape: intent to take must a crime and gives money or gift to avoid
- when the course of its execution, the offender shall precede rape; Robbery with rape arrest or prosecution ; and here he parts
have inflicted upon any person not responsible for its does NOT cover robbery WITH with his money voluntarily
commission any of the physical injuries covered by ATTEMPTED RAPE since what is
sub-divisions 3 and 4 of said Article 263. in the RPC is a special complex
crime of rob+rape, also not a
subdiv 3: necessary means of committing
deformed, or the other nor can be both result
lost any other part of his body, or of a single act
lost the use thereof, or
ill or incapacitated for the performance of the work in R+arson: INTENT TO COMMIT
which he as habitually engaged for a period of more than ROBBERY, and no killing, rape or
ninety days; intentional mutilation should be
committed in the course of
subdiv 4. physical injuries inflicted shall have caused the robbery, or else ARSON WILL BE
illness or incapacity for labor of the injured person for AGGRAVATING
more than thirty days, but not more than 90 days
R+SPI: applies even if
5. if the offender causes less s/slight PI defined in committed against co robber.
263, or if the offender employs intimidation only –
simply robbery (slight/less serious PI, absorbed in
robbery or is element thereof)
295 ROBBERY WITH QUALIFIED ROBBERY WITH VIOLENCE AGAINST OR 5 SPECIAL AGGRAV In 295 uninhabited p (despoblado) and en
PHYSICAL INJURIES, INTIMIDATION OF PERSONS CIRCUMSTANCES IMPOSES cuadrilla need not concur,
COMMITTED IN AN PENALTY AT MAX PD; cannot be in robbery in an uninhabited place and by a
UNINHABITATED offenses mentioned in subdivisions 3,4,5 of the next offset by a generic mitigating band in 300, both must concur
PLACE, AND BY A preceding article shall have been committed in an circumstance, are also
BAND OR WITH USE 1. uninhabited place or U-B-A-E-S considered qualifying
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OF FIREARM ON 2. by a band, or circumstances.
STREET ROAD OR 3. by attacking a moving train, street car, motor
ALLEY vehicle or airship, or If the crime committed is
4. by entering the passenger's compartments in a robbery with homicide, rape,
train or, in any manner, taking the passengers mutilation, arson OR with
thereof by surprise in the respective physical injuries in Par 2 -
conveyances, or despoblado and cuadrilla will be
5. on a street, road, highway, or alley, and the considered only as GENERIC
intimidation is made with the use of a firearm, AGGRAV CIRCUMSTANCE
the offender shall be punished by the maximum
period of the proper penalties.
In the same cases, the penalty next higher in degree shall

be imposed upon the leader of the band.
296 DEFINITION OF A BAND When more than three armed malefactors take part in the The circumstance that the A296, like 295 applies only to robbery under
AND PENALTY commission of a robbery, it shall be deemed to have been robbery was committed by a 3,4,5 of 294 and not to robbery with rape
INCURRED BY MEMBERS committed by a band. band would only be appreciated homicide, rape, int mutilation, arson or PI in
THEREOF as an ordinary aggrav par 1 of 263 ;
When any of the arms used in the commission of the circumstance in robbery with
offense be an unlicensed firearm, the penalty to be HOMICIDE. No such crime as
imposed upon all the malefactors shall be the maximum robbery with homicide in band PD1866 penalizes illegal possession of
of the corresponding penalty provided by law, without firearm in addition to criminal liability for
prejudice of the criminal liability for illegal Use of unlicensed firearm by a robbery by a band. Under 8294 the use of
possession of such unlicensed firearms. band in the commission of unlawful firearms in murder and homicide is
robbery with PI cannot be offset considered not as a separate crime, but
Any member of a band who is present at the commission by a generic mitigating merely a special aggrav circumstance.
of a robbery by the band, shall be punished as principal circumstance However in 10591 the use of a loose firearm
of any of the assaults committed by the band, unless it be when inherent in the commission of a crime
shown that he attempted to prevent the same. punishable under the RPC or other special
laws shall now be considered as an
aggravating circumstance.
297 ATTEMPTED AND Special complex crime: when by reason or on occasion of If physical injuries were inflicted If the killing constituted murder or parricide
FRUSTRATED an attempted or frustrated robbery, a homicide IS on victim but no intent to kill the offense will continue to be covered by
ROBBERY COMMITTED committed. was proved and victim did not 297 with the technical name stated therein
UNDER CERTAIN die: but the penalty shall be for murder of
CIRCUMSTANCES If homicide is NOT consummated the crimes of robbery PI – MEANS to commit att/frust parricide; penalty is same whether robbery
and attempted or frustrated homicide: robbery – absorbed by the is attempted or frustrated.
May be complexed latter. Only att/frust Robbery
Considered as separate crimes
Considered as one crime one absorbing the other. PI – ONLY ON OCCASION but
not employed as means –
separate crimes
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PI - BOTH KILLING AND PI

were committed on that
occasion, penalty under 297 but
PI will be absorbed.
Attempted or frust R with

SERIOUS PHYSICAL INJURIES
 Apply Article 48.
298 EXECUTION OF DEEDS BY
MEANS OF VIOLANCE OR
INTIMIDATION
299 ROBBERY WITH USE Elements:
OF FORCE UPON A. OFFENDER ENTERED
THINGS An uninhabited house
Public building
Edifice dedicated to religious worship
ENTRANCE WAS EFFECTED BY ANY OF THE FF MEANS
Opening not intended for entrance or egress
Breaking any wall door roof floor window
Using false keys picklocks similar tools
Using fictitious name or pretending the exercise of public
authority
ONCE INSIDE, offender took personal property of another
with INTENT TO GAIN.
B.
1. OFFENDER INSIDE A DWELLING HOUSE, public
building or edifice devoted to religious worship regardless It is estafa or theft if the locked or sealed
of the circumstance under which he entered and receptacle is not forced open in the building
2. OFFENDER TAKES PERSONAL PROPERTY with intent to where it is kept or taken therefrom to be
gain under any of the ff circ: broken outside.
- breaking internal doors, wardrobes, chests,
sealed furniture
- taking such furniture or object away to be
broken outside place of robbery
300 ROBBERY IN AN Here, robbery with force upon things is qualified distinguished from qualified robbery with
UNINHABITED PLACE when committed by a band violence or intimidation of persons (A295)
AND BY A BAND which is committed in an uninhabited place
or by a band.
302 ROBBERY IN AN Entrance through use of opening not intended for Penalty next higher when what Difference with 299 – USE OF FICTITIOUS
uninhabited place or in entrance, broken wall, roof floor, use if false keys, is taken is mail matter NAME or simulation of public authority can
a private dwelling picklocks, sealed furniture was broken open elsewhere, Taking of cattle – anti cattle only be used in 299 which refers to
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with intent to gain, offender took PP. rustling law inhabited buildings
304 POSSESSION OF POSSESSION If the offender is a lock smith,
PICKLOCKS OR OTHER Such are specially adopted to the commission of robbery penalty is higher.
SIMILAR TOOLS Offender does not have lawful cause for possession
305 FALSE KEYS TOOLS not mentioned in 304, genuine keys stolen from
the owner any keys intended for use in the lock forcibly
opened by offender.
A masterkey is a picklock! Possession is punishable
MODIFIE PD 543 HIGHWAY Seizure of any person FOR RANSOM, EXTORTION OR HR PD 532: MERE CONSPIRACY to
D 306, ROBBERY/ OTHER UNLAWFUL PURPOSES, constitute offense is not punishable
307 BRIGANDAGE
Or the taking away of the property of another BY MEANS NEED NOT FORM A BAND. ONE PERSON
OF VIOLENCE AGAINST OR INTIMIDATION OF PERSONS can commit the crime.
OR FORCE upon things or other unlawful means
Must not be isolated case of robbery
COMMITTED ON ANY PH HIGHWAY
Those who abet are accomplices
1. Robbery should take place along ph hway
2. act must be indiscriminate. Not isolated
3. victim was not predetermined. Robbery must be
directed not only against specific victims, but any and all
victims.
306 BRIGANDAGE Committed by more than 3 armed persons who form Mere formation of a band for any purpose in
a band of robbers for the purpose of R-K-E the law is punishable
Highway includes  committing robbery in the highway OR
streets , and roads  Kidnapping persons for the purpose of Offenders MUST BE A BAND
outside cities extortion or to obtain ransom, or
 for any other purpose to be attained by means Preconceived victim
of FORCE OR VIOLENCE.
Robbery was committed for the first time is
1. ATLEAST 4, formed a band of robbers R-K-A immaterial
2. to commit
Robbery in a highway Those who profit from loot liable under 307
Kidnap persons for extortion or ransom or for fencing.
Attain by means of force and violence any other purpose
Robbery in a BAND --- purpose is robbery
ALL ARE PRESUMED HIGHWAY ROBBERS OR BRIGANDS not necessarily in highways; agreement in
if any of them carries an unlicensed firearm. Brigandage is several robberies; in band –
only a particular robbery.
Brigandage may be committed without use of firearms.
Armed covers weapons in general.
Brigandage – mere formation for RKA is
punished.
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PROVE:
1. + Organization of more than three armed persons For Robbery in a band – crime must be
forming a band of robbers actually committed, mere conspiracy is not
2. purpose is R,K,A punishable.
3. went upon highway or roamed for that purpose
4. accused is member of such band
308 THEFT 1. Taking of personal property of another No entering of houses or building.
2. Done with intent to gain Suffices that consent on the part of the
From moment he 3. Taking done without the consent of owner owner is lacking.
gained possession 4. Accomplished without use of violation against or
even if no opportunity intimidation of persons or force upon things.
to dispose Theft of electricity is punishable RA 7832
Likewise committed by
1. person who found lost property shall fail to deliver the If the fishing is in the fishpond or fishery,
same to the local authorities or owner QUALIFIED THEFT.
2. Person who after having maliciously damaged the Theft is not limited to an actual finder of lost
property of another shall remove or make use of its fruits property who does not return or deposit it
or object of the damage caused by him with the local authorities.
IT INCLUDES A POLICEMAN TO WHOM HE
3. person who shall enter an enclosed estate or a field ENTRUSTED IT AND WHO MISAPP THE
where trespass is forbidden or which belongs to another SAME, as the latter is also a finder.
AND WITHOUT THE CONSENT of owner SHALL HUNT,
FISH, gather cereal, fruits, other forest or farm products.
310 QUALIFIED THEFT Committed Penalty is 2 degrees hier than For grave abuse, there must be
- by a domestic servant provided in 309 ALLEGATION IN THE INFORMATION AND
+taking - with grave abuse of confidence PROOF OF RELATION by reason of
+intent to gain - property stolen is (a) motor vehicle - cranes dependence, guardianship, vigilance
+anothers property sprinkles lawn mowers etc (b) mail matter
+without consent (c) large cattle
+without F,V,I - property stolen consists of coconuts taken from
+grave abuse of c premises of plantation
- taken from fishpond or fishery
- property taken on occasion of fire, quake
typhoon eruption other calamity, vehicular
accident civil disturbance
CARNAPPING 1. Taking with intent to gain If the owner driver or occupant If MV not taken by offender, but delivered
RA 6539 2. Of motor vehicle belonging to another of a carnapped vehicle is killed by owner, and thereafter misappropriated it,
3. Without the latter’s consent or raped in the course of or on either
Register with LTO 4. Or by means of violence against or intimidation of the occasion, RP TO DEATH. Q THEFT – if mat OR phys possession given
Mv engine persons or by using force upon things. or ESTAFA – mat + juridical possession
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Engine block
Chassis
Sale&transfers too!
312 OCCUPATION OF REAL 1. Offender takes POSSESSION of any real There is no civil liability if there When there is no intent to gain coercion
PROPERTY OR property / usurps and real right in property is no violence or intimidation in
USURPATION OF REAL 2. RP/RR belong to ANOTHER taking possession. Needs intent to gain
RIGHTS IN PROPERTY 3. VIOLENCE against or intimidation of persons is
used by the offender in occupying/usurping 312 penalty of fine only but shall
4. INTENT to gain suffer the penalty for acts of
violence. A48 on complex crimes
Violence must be the means used in occupying real does NOT apply.
property or in usurping real rights and NOT in retaining
possessin. Can still file action for forcible
entry
313 ALTERING BOUNDARIES
OR LANDMARK
314 FRAUDULENT 1. Offender is a DEBTOR Real property may be the subject of
INSOLVENCY 2. He ABSCONDS with his property fraudulent insolvency
3. There is PREJUDICE to his creditors
Unlike in insolvency law 314 doesn’t require
Actual prejudice is required. Not necessary that he is that the criminal act should have been
adjudged insolvent. committed after the institution of insolvency
proceedings.
315 SWINDLING/ESTAFA WAYS OF COMMITTING ESTAFA Restitution or reimbursement Material poss + misappropriates = theft
UA – FP-FM does not extinguish criminal
Accused defrauded liability. It only extinguishes civil Juridical poss + material poss +
another by ABUSE OF 1. With UNFAITHFULNESS OR ABUSE OF CONFIDENCE liability. misappropriates = estafa
CONFIDENCE, or by AMT
means of DECEIT  by altering the substance, quality or quantity Ownership + juridical poss + material poss
of anything of value which offender shall + misappropriates = not criminally liable,
DAMAGE OR delivery by virtue of obligation, even though only civil liability
PREJUDICE CAPABLE such obligation be based on illegal consideration
OF PECUNIARY  by misappropriating or converting, to the In theft, offender takes thing without
ESTIMATION is caused prejudice of another money goods or other consent. In estafa, offender receives the
- damage/prejudice personal property received by the offender in thing.
may be deprivation of trust, commission, obligation involving duty to
money/property;distur deliver or return same, even though such In estafa and malversation, offenders
bance in property obligation be guaranteed by bond, or by are entrusted with the property or funds.
rights; temporary denying having received such property. Both are continuing offenses. In
prejudice  by taking undue advantage of signature of Malversation, public funds, estafa, usually
offended party private.
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in blank and by writing any document above In malversation, offender is a pub off
There must be profit or such signature in blank to the prejudice of accountable for pub funds; in estafa, private
gain obtained by offended party or pub off who is not accountable for public
accused, not merely (elements: paper with the signature of the funds or property. Malversation can be
negligence offended party is in BLANK, offended party committed by negligence; not with estafa.
should have DELIVERED it to offender, above
the signature a document is WRITTEN without If the paper with the signature in blank is
authority, document CREATES liability or causes stolen, the crime is falsification of
DAMAGE) documents by making it appear that he
participated in a transaction when in fact he
2. by means of FALSE PRETENSES/FRAUDULENT ACTS didn’t.
executed prior or simultaneous with fraud
NABP O PPL vs calonzo: a person convicted for illegal
elements: there must be false p or fraudulent act or recruitment under the LC can be convicted
means, such executed prior to or simultaneously with for estafa under 315par2 if the elements are
fraud, offended party must have relied on the false p or Estafa by issuing a bad check is present.
fraudulent act that is he was induced to part with his a continuing offense.
money or property, damage resulted The crime committed is corruption of public
officer if the money was in FACT given.
 using fictitious name, falsely pretending to
possess power, influence, qualification, Good faith is a defense in a charge of estafa
property credit, agency, business, other deceits by postdating or issuing a check.
 altering quality, fineness, weight of
anything pertaining to his art or business
 pretending to have bribed any govt ee,
without prejudice for calumny (max pd)
 postdating any check, issuing check in
payment of obligation when offender had no
funds in the bank/funds not sufficient to cover
the amount of the check. Failure of the
drawer to deposit the amount necessary
to cover check within 3 days from receipt
of notice from the bank or payee or holder
that said check has been dishonored for
lack/insuff of funds shall be prima facie
evidence of deceit constituting false
pretenses or fraudulent acts.
 by obtaining any food refreshment or
accommodation in any hotel inn restaurant
boarding house without paying therefor, with
intent to defraud proprietor, or by obtaining
credit in the same inns, by the use of false
315 3(c):
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pretenses, abandoning or surreptitiously + intent to defraud  if there is NO intent
removing any part of his baggage after to defraud in removing or concealing court
obtaining credit food accommodation without records, office files, the crime is malicious
paying mischief.
3. through FRAUDLENT MEANS I I R In infidelity in custody of document offender

 by inducing another to sign any document is a public officer who is officially entrusted
by means of deceit, offender signed+prejudice with the document.
 by resorting to some fraudulent practice to In estafa the offender is a private or pub off
insure success in a gambling game NOT officially entrusted.
 by removing, concealing, destroying, in
whole or in part any court record, office files,
document, etc. + intent to defraud
BP 22 BOUNCING MAKING OR DRAWING AND ISSUING a check to If circumstances indicate good In bp22, endorser is not liable; in estafa
CHECKS LAW apply on account for value faith or a clear mistake of fact endorser who acted with deceit knowing that
- knowing at the time of issue that he does not without taint of intelligence, the the check is worthless will be criminally
Gravamen: act of have sufficient funds imposition of fine alone should liable.
issuing a worthless - check is subsequently dishonored by drawee be considered as the more Estafa is mala in se.
check that is bank for insufficiency of funds, or would have appropriate penalty.
dishonored upon been dishonored had not the drawer without In bp22 issuance is for value or account; in
presentment for any valid reason ordered the bank to stop Fine is based on value of check. estafa, it is the means to obtain the
payment. payment. valuable consideration from the payee (debt
REQUISITES FOR CRIMINAL is NOT preexisting)
FAILING TO KEEP SUFFICIENT FUNDS LIABILITY:
a person has sufficient funds with the drawee 1. draws/issues check In bp22 deceit and damage are NOT
bank, but he fails to keep suff funds or to 2. Check dishonored by bank for elements; in estafa deceit and damage are
maintain a credit to cover the full amount if lack/insuff essential and also false pretenses must be
presented within a period of 90 days (not an 3. payee/holder gives NOTICE of prior or simultaneous w/ damage
element) from the date appearing thereon dishonor and DEMAND
- check is dishonored by drawee bank 4. maker drawer issuer refuses In bp22 drawer is given 5 days after
or fails to pay WITHIN 5 receiving notice of dishonor within which to
REFUSAL of drawee bank to pay check due to insuff of BANKING DAYS from receipt pay; estafa – 3 days after receiving
funds when presented within 90 days from the date of notice of dishonor
check shall be PRIMA FACEI KNOWLEDGE OF
INSUFFICIENCY, unless: In bp22 mere issuance of a check that
- drawer pays the holder the amount is dishonored gives rise to the
- - makes arrangements for payment by drawee presumption of knowledge of
WITHIN 5 BANKING DAYS after receipt of insufficiency of funds.
dishonor notice
316 OTHER FORMS OF 1. Any person who pretending to be the owner of any
SWINDLING real property shall convey sell encumber or mortgage
the same
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(Elements: thing is immovable, offender represents he is
the owner, executes an act of ownership such as selling
leasing encumbering mgaging, made to prejudice owner
or 3rd op)
2. Any person who knowing real property is encumbered If thing is personalty, 319 applies.
shall dispose of the same although such encumbrance
be not recorded
(elements: thing is real property, offender knew it was
encumbered, express representation by offender that real
property is FREE from encumb, act if disposing be made
to damage another)
3. Owner of personal property who shall wrongfully take

it from its lawful possessor to the prejudice of the latter
or 3rd p
(elements: owner, lawful possessor, if unlawful 429 of CC
applies, wrongful taking, prejudice)
4. Any person who to the prejudice of another shall

execute a fictitious contract
5. any person who accept compensation given him

under the belief that it was in payment of services not
rendered or for labor not performed
Since the penalty of the fine
6. any person who shall sell, mgage or encumber real prescribed in 316 is based on
property with which the offender guaranteed the the value of the damaged
fulfillment of his obligation as surety. caused, mere intent to cause
(elements: offender is a surety in a bond given in criminal damage is not sufficient. There
or civil action, he guaranteed fulfillment of such must be ACTUAL DAMAGE
obligation, he sells etc said real property, such sale etc is
without court authority+made before cancellation of
bond+before being relieved from obligation contracted by
him)
317 SWINDLING A MINOR Takes advantage of minor, induces to assum ob execute
transfer, consideration is loan of money, pp, to the
detriment of the minor
318 OTHER DECEITS Those not mentioned in preceding articles
By interpreting dreams making forecasts telling fortunes
taking advantage of credulity of the public for profit or
gain
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319 REMOVAL SALE OR 1. by knowingly removing any personal property Mgee elected to file a suit for collection, not
PLEDGE OF mortgaged under the chattel mortgage law to any foreclosure thereby abandoning mortgage as
MORTGAGED province or city basis for relief, no violation.
PROPERTY Elements: PP is mortgaged under CML, offender knows
mortgage, he removes such to any province other than Disposing of encumbered prop – involved is
the one in which it was located at time of execution, personal property; estafa – involved is real
removal is permanent, no written consent of mortgagee, property.
executors, administrators + intent to defraud Disposing – committed by the mere
failure to obtain consent in writing even
2. by selling or pledging personal property already though purchaser was informed that it was
pledged mortgaged, purpose is to protect
Elements: PP is already pledged, offender who is mortgagee; estafa – sufficient that th rp be
mortgagor sells or pledges the same, no consent of mgee sold “as free” even though vendor may have
written on the back of the mortgage and noted on the obtained the consent of the mgee; purpose
record thereof in the RD. + DAMAGE NOT ESSENTIAL of the law is to protect purchaser
320- PD 1613 LAW ON Section 1. Arson. Any person who burns or sets fire to the Section 4. Special Aggravating Main objective is burning but death results 
326B ARSON property of another shall be punished by Prision Mayor. Circumstances in Arson. The simple arson , resulting homicide is absorbed.
penalty in any case of arson shall
KINDS: The same penalty shall be imposed when a person sets fire be imposed in its maximum Main objective is to kill a person who may be in
1. ARSON PD 1613 to his own property under circumstances which period; a bldg, fire is resorted as means  murder
2. DESTRUCTIVE expose to danger the life or property of another.
1. If committed with intent to Objective is to kill a person and when done, fire
ARSON RPC 320
gain; used to cover up killing  2 separate crimes
3. OTHER CASES OF
Section 2. Destructive Arson. The penalty of Reclusion homicide/murder or arson.
ARSON PD 1613 SEC 3
Temporal in its maximum period to Reclusion Perpetua shall 2. If committed for the benefit of
be imposed if the property burned is any of the another;
following:
3. If the offender is motivated by
1. Any ammunition factory and other establishment where spite or hatred towards the
explosives, inflammable or combustible materials are stored. owner or occupant of the property
burned;
2. Any archive, museum, whether public or private, or any
edifice devoted to culture, education or social services. 4. If committed by a syndicate.
3. Any church or place of worship or other building where The offense is committed by a
people usually assemble. syndicate if its is planned or
carried out by a group of three (3)
4. Any train, airplane or any aircraft, vessel or watercraft, or or more persons.
conveyance for transportation of persons or property
Conspiracy to commit arson is
4. Any building where evidence is kept for use in any punished
legislative, judicial, administrative or other official
proceedings. If part of the building commences
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to burn, however small –
5. Any hospital, hotel, dormitory, lodging house, housing consummated.
tenement, shopping center, public or private market, theater
or movie house or any similar place or building. When there is fire, the crime is
either frustrated (sets blankets on
6. Any building, whether used as a dwelling or not, situated fire but fire was put out BEFORE
in a populated or congested area. any part of the building was
burned) or consummated
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the If by reason/occasion death
property burned is any of the following: results, RP shall be imposed. IT IS
NOT A COMPLEX CRIME OF
1. Any building used as offices of the government or any of ARSON WITH HOMICIDE , but a
its agencies; special complex crime of
destructive arson under A320
2. Any inhabited house or dwelling; last par.
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;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.

327 MALICIOUS MISCHIEF 1. Offender DELIBERATELY CAUSED DAMAGE to Crime cannot be committed thru reckless
another’s property imprudence or thru violence in the course of
Willful damaging of 2. Such act does NOT CONSTITUTE arson, or other a fight.
another’s property for crimes involving destruction
the sake of causing 3. Act of damaging be committed MERELY FOR THE Damage must no result from a crime.
damage due to hate, SAKE of damaging it. (presupposes the offender Malicious Mischief doesn’t necessarily involve
revenge or other evil acted due to hate, revenge evil motive.) moral turpitude.
motive.
If there is no malice obligation is only civil. It is theft when there is intent to gain as
when after damaging, the offender removes
or makes use of the fruits or objects of the
damage.
328 SPECIAL CASES OF 1. causing damage to obstruct the performance of public If #1 is with public and tumultuous uprising
MALICIOUS MISCHIEF functions – sedition.
2. Using poisonous or corrosive substances
“qualified malicious 3. Spreading any infection or contagion among cattle
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mischief” 4. Causing damage to the property of the National
Museum or national library or to any archive or registry
road promenade other thing used in common by the
public
329 OTHER MISCHIEFS
330 DAMAGE AND
OBSTRUCTION TO MEANS
OF COMMUNICATION
331 DESTROYING OR
DAMAGING STATUES PUB
MONUMENTS OR
PAINTINGS
332 PERSONS EXEMPT CRIMES INVOLVED: Theft, swindling, m. mischief No criminal liability but only civil THEFT- includes both qualified and simple
FROM CRIMINAL liability shall result from the
LIABILITY 1. spouses, ascendants, descendants, relatives by commission of any of said SPOUSES – included common law , live in
affinity within the same line crimes.
Reasons for 2. widowed spouse with respect to the property
exemption: the law which belonged to the deceased sp before the same shall Exemption does not apply to
recognizes the have passed to the possession of another strangers participating in the
presumed coownership 3. brothers and sisters and brothers in law and crime.
of the property sisters in law, if living together
between the offender 4. stepfather, adopted father, natural children, Exemption doesn’t apply if the
and the offended concubine, paramour, included as ascendants by crimes of theft, swindling and
party. affinity MM are complexed with another
crime.
332 applies to common
law sps
TITLE ELEVEN: CRIMES AGAINST CHASTITY (private crimes, cannot be prosecuted de officio because + sworn written complaint of the offended party/authorized persons)
Crimes of chastity that cannot be prosecuted de officio  adultery, concubinage, a. of lasciv, seduction, abduction A-C-L-S-A
333 ADULTERY 1. Married woman Each occasion of sexual
2. who engages in sexual intercourse with a man not intercourse constitutes the crime
her husband. of adultery.
3. The man who, knowing the marriage of the woman
has sexual intercourse with her. The criminal liability is mitigated
when adultery is committed
Committed even if the marriage is subsequently declared while abandoned by her
void. husband WITHOUT justification.
Death of the paramour will NOT bar prosecution against
the unfaithful wife, because the requirement that both There is no crime of
offenders be included in the complaint is absolute only frustrated adultery.
when the offenders ARE alive.
In case of pardon  must come
Death of the offended party will not terminate the before institution of action, both
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proceedings. must be pardoned.
Husband’s illicit relationship may

mitigate adultery.
334 CONCUBINAGE 1. The man must be married
2. He committed any of the ff acts:
Who are liable: - keeping a mistress in the conjugal
Married man dwelling
Woman who knew he - having sexual intercourse under
was married scandalous circumstances with a woman not
his wife (proof of actual sexual relations not
required as long as it can be inferred) or
- cohabiting with her in any other place (as
husband and wife)
3. as regards the woman, she must know him to be
married
RA 9995 ANTI PHOTO Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
AND VIDEO
VOYEURISM ACT OF (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
2009 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;
Photo or video
voyeurism  means the (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
act of taking photo or without consideration;
video coverage of a
person or group of (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
persons performing reproduction thereof; or
sexual act or any similar
activity or of capturing (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
an image of the private coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.
area WITHOUT the
latter’s consent - under 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
circumstances in which given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.
the person has a OTHER PROVISIONS:
reasonable expectation
of privacy Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized
Or the act of selling, 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
copying, reproducing crime of photo or video voyeurism: Provided, That such written order shall only be issued or granted upon written application and the
broadcasting sharing examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds
exhibiting the photo or to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the
video coverage thru conviction of any person for, or to the solution or prevention of such, crime.
vcd,dvd, internet ,
celfones, WITHOUT OTHER PROVISIONS: (cont)
WRITTEN CONSENT of
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the persons involved, Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding
notwithstanding that sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.
consent to record or
take photo was given.
336 ACTS OF 1. offender commits any act of lasciviousness or lewdness No attempted or frustrated The crime is UNJUST VEXATION in the
LASCIVIOUSNESS 2. act of lasciv is committed against a person of either acts of lasciviousness. absence of any of the circumstances.
sex
3. it is done under any of the ff circumstances: FDMGUD Attempted Rape (AR) and AL:
- using force or intimidation - same manner of commission
- when offended party is deprived of reason or - performance of lasciv character common
otherwise unconscious - intent of AR indicate that his purposes was
- by means of fraudulent machination or to lie with the offended woman; in AL , NO
grave abuse of authority intent to have intercourse
- offended party is under 12 or is demented - in AR lascivious acts are preparatory,
in AL such are the final objective
337 QUALIFIED 2 classes: Seduction of a sister or descendant is known
SEDUCTION as incest. Virginity of the sister/descendant
1. Seduction of a virgin over 12 years and under 18 is not required and she may be over 18.
Enticing a woman to By persons who ABUSE their authority or the confidence Relationship must be by consanguinity, need
unlawful sexual reposed in them not be legitimate.
intercourse by promise 2. Seduction of a sister by her brother or descendant
of marriage or other by her ascendant REGARDLESS of age and reputation. DECEIT IS NOT AN ESSENTIAL ELEMENT. In
means of persuasion simple seduction, deceit is an essential
without force. Elements: element.
1. offended party is a VIRGIN >12 - <18
Virginity does NOT 2. over 12 under 18 Virginity IS AN ESSENTIAL ELEMENT.
mean physical virginity. 3. offender had sexual intercourse But in simple seduction, not required that
Presumed if the 4 abuse of authority, confidence or relationship the victim be a virgin; enough that the
woman is unmarried woman is single or widow of good reputation
and of good The ff are the offenders: and has a chaste life.
reputation. 1. those who abuse their authority –
Persons in public authority Can only be committed with
Guardian abuse of authority,
Teacher confidence, SIMPLE SEDUCTION can be committed by
Persons who in any capacity is entrusted with the relationship; and with any person SO LONG AS THERE IS DECEIT
education or custody of the woman seduced specific offenders!
2. those who abuse confidence reposed in them –
Priest
House servant
Domestic
3. Those who abuse their relationship – *
Brother who seduced sister
Ascendant who seduced his descendant
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338 SIMPLE SEDUCTION 1. Offended party is over 12 and under 18 12-18, si BY DECEIT See above
2. She must be of good reputation , single or widow
3. Offender had sexual intercourse with her
4. Committed by means of deceit
Deceit: generally takes the form of unfulfilled promise to

marry
339 ACTS OF 1. Offended party commits acts of lasciviousness or “Over 12” means 12 and over. Distinguish with AL, ALC
LASCIVIOUSNESS lewdness
WITH THE CONSENT 2. The acts are committed upon a woman who is If below 12  rape or In AL offended party is female or male, in
OF THE OFFENDED - Virgin unconsented acts of lasciv or ALC female only;
PARTY - Single or forcible abduction In AL acts are committed under
- Widow of good reputation circumstances which had there been carnal
(ALC) - Under 18 or but over 12 12+-18 knowledge, would amount to rape;
- Or a sister or descendant regardless of
reputation or age in ALC if there were carnal knowledge, it
3. The offender accomplishes acts by abuse of authority would only be either qualified or simple
confidence , relationship or deceit seduction.
RA 7877 ANTI SEXUAL Demanding, requesting, or otherwise requiring any Persons liable: employee,
HARASSMENT ACT sexual favor from the other, regardless of whether manager, supervisor, teacher,
the demand request or requirement is accepted by the professor, instructor, coach,
object of the act. trainor, or any other person
having authority, influence or
moral ascendancy over another
in work, education or training
related environment.
340 CORRUPTION OF Promoting or facilitating the prostitution or corruption
MINORS of persons under age to satisfy the lust of another.
The terms persons under age means under 18.
The victim must be of good reputation and not a

prostitute or corrupted person.
RA 7610 SPECIAL ACTS PUNISHED:
PROTECTION OF
CHILDREN AGAINST Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other
CHILD ABUSE, consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to
EXPLOITATION, AND be children exploited in prostitution and other sexual abuse.
DISCRIMINATION ACT
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
"Children" refers to
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:
person below eighteen
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(18) years of age or (1) Acting as a procurer of a child prostitute;
those over but are
unable to fully take (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
care of themselves or
protect themselves (3) Taking advantage of influence or relationship to procure a child as prostitute;
from abuse, neglect,
(4) Threatening or using violence towards a child to engage him as a prostitute; or
cruelty, exploitation or
discrimination because
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
of a physical or mental
disability or condition; (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3,
for rape and Article 336 of the Revised Penal Code, for rape or lascivious conduct, as the case may be
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition
to the activity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof 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.
 under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health
club and other similar establishments.
Section 7. Child Trafficking. – Any person who shall engage in 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, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:
(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.
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Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or
to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
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 covered by this section shall suffer the penalty of prision mayor in its
medium period,.
OTHER PROVISIONS:
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of Social
Welfare and Development. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free
from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over
the case.
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 broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of the offended party.
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court
duly designated as Juvenile and Domestic Court.
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by
the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g)At least three (3) concerned responsible citizens where the violation occurred.
In acts of lasciviousness  the offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon complaint
filed by the offended party or her parents, grandparents, or guardian; nor in case if the offender has been expressly pardoned by any of them.
If the offended party dies or becomes incapacitated before she can file a complaint, and she has no known parents, gp, or guardian, the
state shall initiate the criminal action in her behalf.
341 WHITE SLAVE TRADE PROHIBITED ACTS: Corruption of minors (CM) vs WST
1. Engaging in the business of prostitution
2. Profiting by prostitution and CM – essential that victims are minors; in
3. Enlisting the services of women for the purpose WST minority need not be involved
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of prostitution. (here profit motive is not CM – may have victims of either sex; WST
required nor is habituality an element) only females
CM – may not necessarily be for profit; WST
White slave trade may be with or without the consent of generally for profit
the woman, white slavery for the purpose of assigning CM – committed by single act; WST
the woman to immoral traffic A272 is committed against generally committed habitually
her will.
342 FORCIBLE ABDUCTION 1. Person abducted is a woman regardless of If accused forcibly takes woman Forcible abduction is with lewd design, and
her age civil status or reputation for the purpose of raping her  no deprivation of liberty.
ABDUCTION: The 2. Abduction is against her will lewd designs existed since the Grave coercion has no lewd design; only
taking away of a 3. Abduction is with lewd designs commencement of the crime, deprivation of liberty.
woman from her house thus it is FORCIBLE
or the place where she Forcible abduction is a continuing crime. ABDUCTION WITH RAPE. Conviction of AL is not a bar to conviction of
may be for the purpose If the girl is under 12  crime is ALWAYS forcible forcible abduction.
of carrying her to abduction even if she goes voluntarily with her
another place with abductor.
intent to marry or
corrupt her. 2 kinds: Sexual intercourse is not necessary in forcible abduction.
forcible, consented The intent to seduce the girl is sufficient.
343 CONSENTED 1. Offended party must be a virgin CRIMES AGAINST CHASTITY WHERE AGE
ABDUCTION (essential) AND REPUTATION ARE IMMATERIAL:
2. She must be over 12 and under 18 - AL against the will of the offended
3. Taking away must be with her consent, after party or against sister or defendant
solicitation or cajolery from the offender (339)
4. The taking away must be with lewd designs - Qualified seduction of sister or
descendant*
- Forcible abduction
344 PROSECUTION OF ADULTERY AND CONCUBINAGE Pardon in adultery and RAPE IS NOW CRIME AGAINST
CRIMES OF - Prosecuted upon complaint signed by the concubinage must come before PERSONS. It may be prosecuted de
ADULTERY, offended spouse (and in the absence of the institution of the criminal officio.
CONCUBINAGE, express or implied pardon) action and both offenders must
SEDUCTION, - Include both guilty parties if both are alive be pardoned by the offended Marriage of offender with offended party in
ABDUCTION, RAPE SEDUCTION, ABDUCTION AND AL party if said pardon is to be seduction, abd, acts of lasc 
AND ACTS OF - Prosecuted upon complaint signed by and in the effective. EXTINGUISHES CRIMINAL ACTION or remits
LASCIVIOUSNESS absence of an express pardon) offended party the penalty imposed and it BENEFITS THE
o Even if minor or Any subsequent act after the CO-PRINCIPALS, ACCOMPLICES AND
o if of legal age and not incapacitated – only pardon will not bar prosecution. accessories.
she can file the complaint.
- If minor/incap party refuses, either of the Pardon by the MINOR offended BUT IN RAPE  IT EXTENDS ONLY TO
following may file SUCCESSIVELY in order party must have the concurrence PRINCIPALS.
o Either of parents of her parents; except when she
o Either of gp (maternal/paternal) has no parents or if the offender
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Guardian
o is her own father and mother is
State as parens patriae when the offended
o dead.
party dies or becomes incap before she
could file the complaint and she has no
known parents, gp or guardians. ROC110.5
346 LIABILITY OF Persons who cooperate as accomplices BUT PUNISHED Teachers or persons entrusted In adultery or concubinage there can be no
ASCENDANTS, AS PRINCIPALS IN SEDUCTION, ABD, AL ALC, CM, WSL: with EDUCATION AND accomplices or accessories
GUARDIANS, - Ascendants GUIDANCE OF YOUTH are
TEACHERS, OTHER - Guardians penalized with disqualification.
PERSONS ENTRUSTED - Curators
WITH CUSTODY OF - Teachers All those falling within the terms
OFFENDED PARTY - Any person who cooperates as accomplice with shall be punished w/ special
abuse of authority or confidential relationship disqualify from office of guardian
TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS OF PERSONS
347 SIMULATION OF PUNISHABLE ACTS: The woman who simulates birth Abandonment in 347 is a crime against
BIRTHS, SUBSTITUION 1. Simulation of births and the one who furnishes the the civil status of a person; abandoning a
OF ONE CHILD FOR 2. Substitution of one child for another and child are both liable as minor is a crime against security (276)
ANOTHER, AND 3. Concealing or abandoning any legitimate child principals.
CONCEALMENT OR with intent to cause such child to lose its civil 347 offender is any person, in AM (276) he
ABANDONMENT OF A status must be in custody of the child
LEGITIMATE CHILD
Operative act: registration of the child in the registry as 347 the purpose is cause child to lose c.
the pretending parents’ own. status, but in 276 it is to avoid the
obligation of caring’/rearing child.
348 USURPATION OF CIVIL Committed by assuming the filiation or the parental or Crime is qualified if the purpose Necessary that the intent is to enjoy THE
STATUS conjugal rights of another with intent to enjoy the rights is to defraud offended parties RIGHTS FROM ANOTHER’S CIVIL STATUS,
arising from the civil status of another. and heirs otherwise it will be violation of 178 or use of
fictitious name or estafa under 315.
349 BIGAMY 1. Offender is legally married The death of the first spouse Bigamy is a public crime, thus it may be
2. Marriage has not been dissolved or in case the during the pendency of the initiated by anyone.
spouse is absent the absent spouse could not bigamy does not extinguish the
yet be presumed dead according to the Civil crime. A person convicted of bigamy may still be
Code prosecuted for concubinage.
3. That he contracts a second or subsequent The second spouse who knew of
marriage the 1st marriage is an
4. That the second or subsequent marriage has all accomplice, as well as any who
the ESSENTIAL requisites for validity. vouched for the capacity of
either contracting parties.
Prescriptive period does not commence from the
commission but from the discovery by the complainant
spouse.
TITLE THIRTEEN: CRIMES AGAINST HONOR
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353 LIBEL 1. There must be imputation of a crime, or a Test of defamatory imputation: The question is what the writer conveyed to
vice, or defect, real or imaginary or any act a charge is sufficient if the those who read or heard, not what he
I-P-M-D-T omission conditions status or circumstance words are calculated to meant.
2. The imputation must be made publicly induce the hearers to
3. It must be malicious suppose and understand that When the communication is privileged,
4. It must be directed at a natural or juridical the person against whom they malice is not presumed from the defamatory
person or one who is dead and were uttered was guilty of words. Malice in fact must be proved.
5. It must tend to cause dishonor, discredit or certain offenses or are
contempt of the person sufficient to impeach the
honesty, virtue or reputation
2 types of malice: or to hold him up to public
1. Malice in fact – shown by proof of ill will hatred, ridicule.
or purpose to injure; “express malice”
2. Malice in law – presumed to be malicious from
the defamatory imputation even if it is true,
proof is not required because it is presumed to
exist from the defamatory imputation.
354 REQUIREMENT FOR Every defamatory imputation is presumed to be QUALIFIED PRIVILEGED
PUBLICITY malicious even of it be true if no good intention and COMMUNICATIONS TO BE
justifiable motive for making it is shown, except in the ACTIONABLE – must be made
following cases: (malice is not presumed when – ) with malice and bad faith
1. A private communication made by a person to
another (officer or board or superior having ABSOLUTELY PRIVILEGED
some interest or duty in the matter) in the COMMUNICATION is not
performance of any legal moral or social duty actionable  even if made in
(and statements are made in GF and without bad faith.
malice in fact) Ex: those made in proceedings
and of Congress by members
2. A fair and true report made in good faith thereof, as an implementation of
without any comments or remarks of any their parliamentary immunity.
judicial, legislative or other official proceedings
which are not of confidential nature or of any Statements made in judicial
statement, report or speech delivered in said proceedings are privileged only if
proceedings, or of any other act performed by pertinent to the case involved.
public officers in the exercise of their functions
The presumption is rebutted if it is shown by the accused

that –
- the imputation is true in case the law allows proof of
truth of the imputation (361)
- it is published with good intention
- there is justifiable motive for making it
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355 LIBEL BY MEANS OF COMMITTED BY MEANS OF: Defamation through amplifier system is
WRITING OR SIMILAR 1. printing slander.
MEANS 2. phonograph
3. painting If defam. Remarks are made in the heat of
4. writing passion and culminated in threat, the
5. engraving statements will not constitute independent
6. theatrical exhibition crime of libel, but THREATS.
7. lithography
8. any similar means
9. cinematographic radio
10. exhibition
356 THREATENING TO PUNISHABLE ACTS: “BLACKMAIL”  Unlawful extortion of
PUBLISH AND OFFER money by threats of accusation or exposure.
TO PRESENT SUCH 1. threatening another to publish a libel concerning The threat to publish or to prevent
PUBLICATION FOR A him or his parents spouse or child or other publication of libel must be for
COMPENSATION family members compensation.
2. offering to prevent the publication of such libel Blackmail is possible in:
for compensation or money consideration 1. light threats
2. threatening to publush or offering
to prevent the publication of libel
for compensation
357 PROHIBITED any reporter, editor or manager or a newspaper, daily or
PUBLICATION OF ACTS magazine, who shall publish facts connected with the private
REFERRED TO IN THE life of another and offensive to the honor, virtue and
COURSE OF OFFICIAL reputation of said person, even though said publication be
PROCEEDINGS 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.
358 SLANDER Slander need not be heard by the offended party Self defense in slander may only
(ORAL DEFAMATION) Factors considered are expressions used, personal be invoked if his reply is made in
relations, surr circumstances, social GF
Kinds: standing&position Without malice
Simple Gossiping is considered as oral defamation if a Not necessarily defamatory
Grave (when it is of a defamatory act is imputed or inrtriguing against honor if Necessary for
serious and insulting there is no imputation explanation/defense
nature)
359 SLANDER BY DEED 1. offender performs any act not included and If there is no intent to dishonor the offended
punished in any other crimes against honor, party, the crime is maltreatment by deed.
Kinds: 2. act is performed in the presence of other Common denominator with unjust vexation
Simple persons and Sl by D: IRRITATION OR ANNOYANCE.
Grave (when it is of a 3. acts cast dishonor, discredit or contempt upon If purpose is to shame or humiliate, offense
serious and insulting another person. is slander by deed.
nature)
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360 PERSONS 1. Any person who shall publish, exhibit, or cause An independent civil action may be filed
RESPONSIBLE FOR the publication or exhibition of any defamation simultaneously or separately in the same
LIBEL in writing or by similar means RTC where the criminal action was filed and
2. The author or editor of a book or pamphlet, or vv.
3. the editor or business manager of a daily
newspaper, magazine or serial publication
4. Owner of a 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
361 PROOF OF TRUTH In every criminal prosecution for libel, the truth may be Requisites of DEFENSE in
given in evidence to the court and if it appears that the defamation:
matter charged as libelous is true, and, moreover, 1. It appears that the
that it was published with good motives and for matters charged as
justifiable ends, the defendants shall be acquitted. libelous is true
2. It was published with
Proof of the truth of an imputation of an act or omission good motives
not constituting a crime shall not be admitted, unless 3. For justifiable ends
the imputation shall have been made against Government
employees with respect to facts related to the discharge
of their official duties.
In such cases if the defendant proves the truth of the

imputation made by him, he shall be acquitted.
When proof of truth is admissible in a charge for

libel:
1. When the act/omission imputed constitutes a
crime regardless of whether the offended
party is a private individual or public officers
2. When the offended party is a govt ee even if
the imputation does not amount to a crime,
provided it is related to discharge of official
duties
362 LIBELOUS REMARKS Libelous remarks or comments connected with the matter
privileged under the provisions of Article 354, if made
with malice, shall not exempt the author thereof nor the
editor or managing editor of a newspaper from criminal
liability.
363 INCRIMINATING Any person who, by any act not constituting perjury, Limited to planting evidence, Different from PERJURY BY MAKING
INNOCENT PERSONS shall directly incriminate or impute to an innocent person performance of act by which FALSE ACCUSTAION – which is giving
(IIP) the commission of a crime offender directly incriminates an of a false statement under oath or
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innocent person making a false affidavit imputing the
crime, imputation made before an officer.
IIP does not avail himself of written or

spoken word, in defamation – imputation is
public and malicious calculated to cause
dishonor discredit & contempt
364 INTRIGUING AGAINST Committed by any person who shall make any intrigue Involves those which are not punished in
HONOR which has for its principal purpose to blemish the honor RPC. Differs from defamation in that it
or reputation of a person. consists of tricky or secret plots and may be
(IAH) committed without using written or spoken
defamatory words.
IAH – source of derogatory statements

cannot be determined; in defamation, source
is known
IAH – passes such utterances WITHOUT
subscribing to their truth; in defamation
remarks are claimed to be true.
TITLE FOURTEEN: QUASI OFFENSES
365 CRIMINAL 1. By committing through reckless imprudence, A 64 relating to mitigating Ivler Case
NEGLIGENCE shall commit any act which, had it been and aggravating - Reckless imprudence or negligence is a
intentional, would constitute a grave felony or circumstances is NOT crime in itself
less grave felony or light felony applicable to crimes - Once convicted or acquitted of a
2. By committing through simple imprudence or committed through specific act of reckless
negligence an act which would otherwise negligence. imprudence, the accused may not
constitute a grave or less serious felony be prosecuted again for the same
3. By causing damage to the property of another The defense of CONTRIBUTORY act.
thru reckless imprudence or simple negligence NEGLIGENCE does not apply in - The gravity of the consequence
or negligence criminal cases thru reckless determines the penalty but doesn’t
4. By causing simple imprudence or negligence imprudence since one cannot qualify the offense.
some wrong which if done maliciously would allege negligence of another to - If the result should affect many
have constituted a light felony evade the effects of one’s own persons, criminal negligence remains
negligence. IT ONLY MITIGATES one and the same and cannot be split
IMPRUDENCE VS NEGLIGENCE CRIMINAL LIABILITY. into several prosecutions.
I: Failure in precaution; deficiency in action
N: failure in advertence; deficiency of perception Penalties in A365 arent
I: to avoid wrongful acts one must take necessary applicable when
precaution once they are foreseen - The penalty provided for
N: to avoid wrongful acts one must pay proper attention the offense is equal to or
and use due diligence in foreseeing them. lower than those provided
in the first 2 par.
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RECKLESS IMPRUDENCE: voluntarily but without - By imprudence or
malice doing or failing to do an act from which negligence and with
material damage results, by reason of inexcusable violation of the automobile
lack of precaution on the part of the person performing law, the death of the
or failing to perform such act, taking into consideration person is caused
his employment occupation intelligence phys condition
other circ. QUALIFYING: failing to lend on
the spot help to the victims of
Elements: his act of negligence. One
1. Offender does or fails to do an act degree higher.
2. Such is voluntary
3. Without malice Except: RA4136 sec 55
4. Material damage results - Driver is in imminent
5. Inexcusable lack of precaution or failing to danger
perform such act taking into consideration - He wants to report to the
- occupation, intelligence, p condition, other circ nearest officer of law
- He desires to summon a
SIMPLE IMPRUDENCE: lack of precaution displayed in doctor or nurse for medical
those cases in which the damage impending to be caused assistance
is not immediate nor the danger clearly manifest.
VIOLATION OF RPC 365
Elements: (reckless imp resulting in
1. There is lack of precaution on the part of damage to prop is mala in se)
the offender CANNOT ABSORB SPECIAL
2. The damage impending to be caused is not LAWS/mala prohibita crimes
immediate nor the danger clearly manifest
INDETERMINATE SENTENCE LAW:
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said
Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any
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UP LAW 2016
other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term prescribed by the same.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment; to those convicted of treason, conspiracy or proposal to
commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those
who have escaped from confinement or evaded sentence; to those who having been granted conditional pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of approval of this Act,
except as provided in Section 5 hereof.
Sec. 5. 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. Whenever any prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of
Indeterminate Sentence, from the reports of the prisoner's work and conduct which may be received in accordance with the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that such prisoner is fitted by his training for release, that there is a reasonable probability that such prisoner will live and
remain at liberty without violating the law, and that such release will not be incompatible with the welfare of society, said Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations adopted hereunder, authorize the release of such prisoner on parole, upon such terms and conditions as are
herein prescribed and as may be prescribed by the Board. The said Board of Indeterminate Sentence shall also examine the records and status of prisoners who shall have
been convicted of any offense other than those named in Section 2 hereof, and have been sentenced for more than one year by final judgment prior to the date on which
this Act shall take effect, and shall make recommendation in all such cases to the Governor-General with regard to the parole of such prisoners as they shall deem qualified
for parole as herein provided, after they shall have served a period of imprisonment not less than the minimum period for which they might have been sentenced under this
Act for the same offense.
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such manner as may be required by the conditions of his parole,
as may be designated by the said Board for such purpose, report personally to such government officials or other parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance equivalent to the remaining portion of the maximum sentence imposed upon him or until final release and discharge by
the Board of Indeterminate Sentence as herein provided. The officials so designated shall keep such records and make such reports and perform such other duties
hereunder as may be required by said Board. The limits of residence of such paroled prisoner during his parole may be fixed and from time to time changed by the said
Board in its discretion. If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate any of the laws of the
Philippine Islands, the Board of Indeterminate Sentence may issue a final certificate of release in his favor, which shall entitle him to final release and discharge.
Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of surveillance, violate any of the conditions of his parole, the Board of
Indeterminate Sentence may issue an order for his re-arrest which may be served in any part of the Philippine Islands by any police officer. In such case the prisoner so re-
arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison, unless the Board of Indeterminate
Sentence shall, in its discretion, grant a new parole to the said prisoner.
PROBATION LAW:
"Probation" 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.
PURPOSE:
(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;
(b) 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) prevent the commission of offenses.

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GRANT OF PROBATION: the court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution
of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation 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 waver of the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
CRITERIA OF PLACING OFFENDER 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.
Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
(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: S S P P A
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or OR! a
fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.
Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within seventy-two hours from receipt of
said order;
(b) report to the probation officer at least once a month at such time and place as specified by said officer. XXX
PERIOD OF PROBATION:
(a) defendant sentenced to a term of not more than one year shall not exceed two years
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UP LAW 2016
in all other cases, said period shall not exceed six years.
(b) 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.
ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION: 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 . In such a case, the provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. 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, EXCEPTION: 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 suspend as a result of his conviction and to fully discharge his liability for
any fine imposed 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.
DANGEROUS DRUGS ACT:
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – 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
Section 57. Probation and Community Service Under the Voluntary Submission Program. – A drug dependent who is discharged as rehabilitated by the DOH-accredited
Center through the voluntary submission program, but does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the
provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice
to the outcome of any pending case filed in court.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. – Upon promulgation of the sentence, the court may, in its discretion,
place the accused under probation, even if the sentence providedF under this Act is higher than that provided under existing law on probation, or impose community
service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with
the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order.
JUVENILE JUSTICE AND WELFARE ACT:
"Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
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Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law
until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for
the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested
parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in
the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in
conflict with the law.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority
which will have an initial contact with the child 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. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with
the child and to 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 duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection
of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local
Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program,
the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603,
otherwise ,known as "The Child and Youth Welfare Code".
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly
committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;
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(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited
NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the
child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult
offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such
examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance
who shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict
with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public
Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the
child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative
of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the following:
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(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment;
and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.
92

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ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

PROPOSAL to commit treason: committed when in time of

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

118 INCITING TO WAR OR Offender performs unlawful or unauthorized acts that

Intention is immaterial. Penalized even if mere

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

MUTINY: unlawful resistance to a superior, or the raising

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

Kidnapping and illegal detention: the public

Unlawful arrest: crime against liberty;

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

126 DELAYING RELEASE Elements:

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

(2) Threatening a person(s) or his/fher relative(s) with bodily harm,

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public

(6) Causing unscheduled transfer of a person deprived of liberty from

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

Provided, That surveillance, interception and recording of communications between

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

151 RESISTANCE & Elements: In DA, PA or APA is in actual performance or

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

possession of or uttering of false coin does not require

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

"(13) Fraudulent practices and other violations under Republic Act

"(14) Felonies or offenses of a similar nature that are punishable

1. Counterfeiting or imitating any handwriting,

2. Causing it to appear that persons have

3. Attributing to persons who have participated in

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

4. Making untruthful statements in a narration of

5. Altering true dates;

6. Making any alteration or intercalation in a

7. Issuing in an authenticated form a document

8. Intercalating any instrument or note relative to

The same penalty shall be imposed upon any

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

3. Private person who shall falsify a certificate falling

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

USURPER: one who introduces himself into an office

estafa: purpose is to defraud 3rd persons

Colorable resemblance calculated to deceive is sufficient.

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

Prescriptive period commences right after the witness

Good faith or lack of malice is a defense in perjury.

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES

- prohibition on plea bargaining

ARTICLE CRIME ELEMENTS QUALIFYING/COMPLEX/ IN REL. TO OTHER CRIMES