ART 17. PRINCIPAL
ACCESSORY
1. Those who take a direct part in the execution of the
act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished.
PRINCIPAL BY DIRECT PARTICIPATION
Requisites:
1. That they participated in the criminal resolution;
2. That they carried out their plan and personally took
part (at the scene of the crime) in its execution by acts
which directly tended to the same end.
PRINCIPAL BY INDUCTION
Two ways of becoming principal by induction:
(1) by directly forcing another to commit a crime:
a. By using irresistible force.
b. By causing uncontrollable fear.
(2) by directly inducing another to commit a crime:
a. By giving price, or offering reward or promise
b. By using words of command
Requisites:
1. That the inducement be made directly with the
intention of procuring the commission of the crime;
2. That such inducement be the determining cause of
the commission of the crime by the material executor.
PRINCIPAL BY INDISPENSABLE COOPERATION
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of criminal
purpose and intention immediately before the
commission of the crime charged; and
2. Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished.
ART 18. ACCOMPLICE
1. That there be community of design; that is,
knowing the criminal design of the principal by
direct participation, he concurs with the latter in
his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the
execution of the crime in an efficacious way but
NOT indispensable to the commission of the crime
3. That there be a relation between the acts done
by the principal and those attributed to the person
charged as accomplice.
COMMUNITY + PREVIOUS AND SIMULTANEOUS
ACTS + RELATION
ART 19.
1. He does not participate in the criminal design, nor
cooperate in the commission of the felony,
2. He has knowledge of the commission of the crime (MERE SUSPICION
NOT SUFFICIENT)
3. He subsequently takes part in three ways:
a. by profiting from the effects of the crime;
b. by concealing the body, effects or instruments of the crime in
order to prevent its discovery;
c. by assisting in the escape or concealment of the principal of the
crime, provided he acts with abuse of his public functions or the
principal is guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be habitually
guilty of some other crime.
Public officers
(1) The accessory is a public officer.
(2) He harbors, conceals, or assists in the escape of the principal.
(3) The public officer acts with abuse of his public functions.
(4) The crime committed by the principal is any crime, provided it is not a
light felony.
(5) Public officer not related to principal as provided in Art 20
Private persons
(1) The accessory is a private person.
(2) He harbors, conceals or assists in the escape of the principal
(3) The crime committed by the principal is either:
(a) treason
(b) parricide
(c) murder
(d) attempt against the life of the President
(e) habitual offender
(4) Accessory not related to principal as provided in ART 20
ART 20 - ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
Accessories with respect to their:
- SPOUSE, ASCENDANTS (parents), DESCENDANTS (child),
BROTHERS AND SISTERS, RELATIVES BY AFFINITY WITHIN SAME
DEGREE
EXCEPT WHEN THEY PROFIT OR ASSIST THE PRINCIPAL TO PROFIT FROM
THE CRIME
TN: Uncle/Aunt – Nephew/Niece relations NOT EXEMPT
CONSPIRACY
1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a
crime;
3. That the execution of the felony was decided upon
Special laws punishing accessories as principals or accomplice:
1. Fencing
2. Obstruction of justice
3. PD 532 Robbery in the highway – accessory punished as accomplice
but TN crime of aiding or abetting brigands

IMPLIED CONSPIRACY – only inferred or deduced from

the manner the participants in the commission of crime
carried out its execution. The legal effects of an
"implied conspiracy" are:
a) Not all those who are present at the scene of the
crime will be considered conspirators;
b) Only those who participated by criminal acts in the
commission of the crime will be considered as co-
conspirators; and
c) Mere acquiescence to or approval of the commission
of the crime, without any act of criminal participation,
shall not render one criminally liable as co-conspirator.

Crimes punishing conspiracy

RPC:
1. Conspiracy to commit treason
2. Conspiracy to commit rebellion, insurrection,
coup d’etat
3. Conspiracy to commit sedition
Special laws:
4. Conspiracy to commit arson.
5. Conspiracy to commit terrorism.
6. Conspiracy to commit child pornography.

TN: IN PLUNDER
Wheel Conspiracy
Chain Conspiracy
Article 3. Definitions
Felonies:
1. That there must be an act or omission.
2. That the act or omission must be
punishable by the Revised Penal Code.
3. That the act is performed or the
omission incurred by means of dolo or
culpa.
Requisites Dolo or malice:
(1) He must have FREEDOM while doing
an act or omitting to do an act;
(2) He must have INTELLIGENCE while
doing the act or omitting to do the act;
(3) He must have INTENT while doing the
act or omitting to do the act.
Mistake of fact - a misapprehension of
fact on the part of the person who
caused injury to another. He is not,
however, criminally
liable, because he did not act with
criminal intent.
Requisites of mistake of fact as a
defense:
1. That the act done would have been
lawful had the facts been as the accused
believed them to be.
2. That the intention of the accused in
performing the act should be lawful.
3. That the mistake must be without fault
or carelessness on the part of the
accused.
Requisites Culpa or Fault:
(1) He must have FREEDOM while doing
an act or omitting to do an act;
(2) He must have INTELLIGENCE while
doing the act or omitting to do the act;
(3) He is IMPRUDENT, NEGLIGENT or
LACKS FORESIGHT or SKILL while doing
the act or omitting to do the act.
Article 4. Criminal liability.  Death of the victim is presumed to be the
1. By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended. (In order to
incur criminal liability for the result not
intended, one
must be committing a felony)
2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means.
PARA 1: When wrongful act done different
from that Intended:
a. Error in personae (1 crime)
b. Aberratio ictus (Art 48 complex crime)
c. Praeter intentionem (Mitigating, penalty Art
49)
Requisites of paragraph 1 of Art. 4.
a. That an intentional felony has been
committed;
b. That the wrong done to the aggrieved party
be the direct, natural and logical
consequence of the felony committed by the
offender.
TN: US v Valdez, People v Arpa (Boat Scaring)
People v Pugay (Practical joke, Set victim on
fire)
natural consequence:
1. That the victim at the time the physical
injuries were inflicted was in normal health.
2. That death may be expected from the
physical injuries inflicted.
3. That death ensued within a reasonable
time.
Felony is not proximate cause when:
1. There is an active force that intervened
between the felony committed and the
resulting injury, and the active force is
a distinct act or fact absolutely foreign from
the felonious act of the accused; or
2. The resulting injury is due to the
intentional act of the victim.
PARA 2: IMPOSSIBLE CRIME/ATTEMPT:
Requisites of impossible crime:
1. That the act performed would be an
offense against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently
impossible ((1) legal impossibility, or (2)
physical impossibility), or that the means
employed is either inadequate or ineffectual.
4. That the act performed should not
constitute a violation of another provision of
the Revised Penal Code.
TN: Intod v CA (fired at empty house)
ART 59: Penalty for impossible crime: The
penalty for impossible crime is arresto mayor
(1 month and 1 day to 6 months) or a fine
ranging from 200 to 500 pesos.
Article 6. Consummated, frustrated, and
attempted felonies
Consummated felony
1. All the elements necessary for its execution
have been committed
Elements of attempted felony:
1. The offender commences the commission
of the felony directly by overt acts;
(1) That there be external acts;
(2) Such external acts have direct connection
with the crime intended to be committed.
2. He does not perform all the acts of
execution which should produce the felony;
3. The offender's act is not stopped by his
own spontaneous desistance (not flight to
evade apprehension);
4. The non-performance of all acts of
execution was due to cause or accident other
than his spontaneous desistance.
Elements of Frustrated felony:
1. The offender performs all the acts of
execution; (or BELIEVES he already performed
all) (MORTAL WOUND RULE)
2. All the acts performed would produce the
felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent of the will
of the perpetrator.
ART 11 JUSTIFYING CIRCUMSTANCES
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. State of necessity
5. Fulfillment of Duty or Exercise of
right or office
6. Obedience
1. Anyone who acts in defense of his person
or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
Unlawful aggression is equivalent to assault
or at least threatened assault of an
immediate and imminent kind (not required
that attack already begins). There is unlawful
aggression when the peril to
one's life, limb or right is either actual or
imminent. There must be actual physical
force or actual use of weapon.
Not Retaliation
The attack made by the deceased and the
killing of the deceased by defendant should
succeed each other without appreciable
interval of time.
Retreat means unlawful aggression already
ceased EXCEPT when retreat is to take more
advantageous position.
5. Any person who acts in the fulfillment of a
No UA when there is agreement to fight
EXCEPT when aggression started ahead of the
stipulated time and place.
REASONABLE NECESSITY
TEST: Depends upon
- the nature and quality of the weapon
used by the aggressor,
- his physical condition, character, size
and other circumstances, and those
of the person defending himself,
- the place and occasion of the assault
EXPN: Police officer. The duty of a peace
officer requires him to overcome his
opponent
SUFFICIENT PROVOCATION - Includes:
1. When no provocation at all was given to
the aggressor by the person defending
himself; or
2. When, even if a provocation was given, it
was not sufficient
3. When, even if the provocation was
sufficient, it was not given by the person
defending himself;
4. When, even if a provocation was given by
the person defending himself, it was not
proximate and immediate to the act of
aggression
1. An imbecile or an insane person, unless
2. Any one who acts in defense of the
person or rights of his spouse, ascendants,
descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives
by affinity in the same degrees and those
consanguinity within the fourth civil degree,
provided that the first and second requisites
prescribed in the next preceding
circumstance are present, and the further
requisite, in case the provocation was given
by the person attacked, that the one making
defense had no part therein.
Relatives that can be defended:
1. Spouse.
2. Ascendants.
3. Descendants.
4. Legitimate, natural or adopted brothers
and sisters, or relatives by affinity in the same
degrees. (Parents-in-law, son or daughter-in-
law, and brother or sister-in-law)
TN: Death of the spouse terminates the
relationship by affinity unless the marriage
has resulted in issue who is still living, in
which case the relationship of affinity
continues.
5. Relatives by consanguinity within the
fourth civil degree.
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by the
person attacked, that the one making
defense had no part therein.
5. Any person who act under the compulsion
3. Anyone who acts in defense of the person
or rights of a stranger, provided that the first
and second requisites mentioned in the first
circumstance of this Article are present and
that the person defending be not induced by
revenge, resentment, or other evil motive.
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil
or injury, does not act which causes damage
to another, provided that the following
requisites are present;
First. That the evil sought to be
avoided actually exists;
Second. That the injury feared be
greater than that done to avoid it;
Third. That there be no other practical
and less harmful means of preventing
it.
There is civil liability under this paragraph
borne by the persons benefited.
A threat of future injury is not enough. The
duty or in the lawful exercise of a right or
office.
Requisites:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right or
office;
2. That the injury caused or the offense
committed be the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office. (People v
Oanis)
6. Any person who acts in obedience to an
order issued by a superior for some lawful
purpose.
Requisites:
1. That an order has been issued by a
superior.
2. That such order must be for some lawful
purpose.
3. That the means used by the subordinate to
carry out said order is lawful.
7. BATTERED WOMAN SYNDROME
- Section 26 of Rep. Act No. 9262 although
there be absence of any of the requisites of
self-defense
ART 12. EXEMPTING CIRCUMSTANCES
1. Insanity or imbecility
2. Minority
3. Accident
4. Irresistible force
5. Uncontrollable fear
6. Insuperable cause
ART 13. MITIGATING 1. Those mentioned in the preceding chapter, when all
the latter has acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a
felony (delito), the court shall order his
confinement in one of the hospitals or
asylums established for persons thus
afflicted, which he shall not be permitted to
leave without first obtaining the permission
of the same court.
TN: Distinction Insane v. Imbecile
2-3. Minority under RA 9344
Exempt:
1. Below 15
2. Over 15 but under 18 who acted
WITHOUT discernment
TN: Both subject to INTERVENTION
PROGRAM
PRIVILEGED MITIGATING:
1. Over 15 but under 18 who acted
WITH discernment but service of
sentence is suspended for
DIVERSION PROGRAM
4. Any person who, while performing a
lawful act with due care, causes an injury by
mere accident without fault or intention of
causing it.
Elements:
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by mere
accident;
4. Without fault or intention of causing it.
of irresistible force. compulsion must be of such a character as to
Elements: leave no opportunity to the accused for
1. That the compulsion is by means of escape or self-defense in equal combat.
physical force.
2. That the physical force must be irresistible. TN: Distinction Irresistible force v.
3. That the physical force must come from a Uncontrollable fear
third person.
- The force must be irresistible to reduce the 7. Any person who fails to perform an act
actor to a mere instrument who acts not required by law, when prevented by some
only without will but against his will. lawful insuperable cause.
- Of such nature as to induce a well- Elements:
grounded apprehension of death or serious 1. That an act is required by law to be done;
bodily harm if the act is not done. A threat 2. That a person fails to perform such act;
of future injury is not enough. 3. That his failure to perform such act was
- Leaves no opportunity for escape or self- due to some lawful or insuperable cause.
defense
6. Any person who acts under the impulse of
an uncontrollable fear of an equal or greater
injury.
Elements:
1. That the threat which causes the fear is of
an evil greater than or at least equal to, that
which he is required to commit;
2. That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
The ff requisites must concur:
(a) existence of an uncontrollable fear;
(b) the fear must be real and imminent; and
(c) the fear of an injury is greater than or at
least equal to that committed.
Duress as a valid defense should be based on
real, imminent, or reasonable fear for one's
life or limb and should not be speculative,
fanciful, or remote fear.
Applies only in offenses resulting in physical 5. That the act was committed in the
CIRCUMSTANCES
IMN-SIP-PVDIA
1. Incomplete Justifying and
Exempting Circumstances
2. Minority and Old Age
3. No intention to commit so
grave a wrong
4. Sufficient Provocation on
the part of the offended
party
5. Immediate Vindication of
a grave offense
6. Passion and Obfuscation
7. Voluntary surrender
8. Plea of guilty
9. Deaf, dumb, blind or
physical defect
10. Illness
11. Analogous circumstances
PRIVILEGED MITIGATING:
ART 68 MINORITY
ART 69 CRIME NOT WHOLLY
EXCUSABLE
6. That of having acted upon an impulse so
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant:
(1) Self-defense (Art. 11, par. 1);
(2) Defense of relatives (Art. 11, par. 2);
(3) Defense of stranger (Art. 11, par. 3);
TN: Unlawful aggression MUST BE PRESENT
(4) State of necessity (Art. 11, par. 4);
(5) Performance of duty (Art. 11, par. 5);
(6) Obedience to order of superior (Art. 11, par. 6);
(7) Minority (Art. 12, par. 3);
(8) Causing injury by mere accident (Art. 12, par. 4);
(9) Uncontrollable fear. (Art. 12, par. 6)
1/3 OR 1/2 requisite present: ORDINARY MITIGATING
2/3 requisites present: PRIVILEGED MITIGATING
2. That the offender is under eighteen year of age or
over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the
provisions of Art. 80.
MINORITY: Over 15 years but under 18 years who
acted with discernment. Sentenced with benefit of PMC
but SERVICE OF SENTENCE is SUSPENDED
OLD AGE: 70 years old
3. That the offender had no intention to commit so
grave a wrong as that committed.
TN: There must be a notable and evident disproportion
between the means employed to execute the criminal
act and its consequences.
CONSIDER INTENT while accused is COMMITTING the
crime! Not what was planned.
CLUES to judge INTENT: weapon used, the part of the
body injured, the injury inflicted, and the manner it is
inflicted
7. That the offender had voluntarily
injuries and material harm.
Not applicable in TREACHERY, CULPA crimes,
crimes where intent is immaterial.
Lack of intent to kill not mitigating in physical
injuries.
4. That sufficient provocation or threat on
the part of the offended party immediately
preceded the act.
PROVOCATION any unjust or improper
conduct or act of the offended party, capable
of exciting, inciting, or irritating any one.
SUFFICIENT means adequate to excite a
person to commit the wrong and must
accordingly be proportionate to its gravity.
Sufficiency depends on:
- the act constituting the provocation,
- the social standing of the person
provoked
- the place and the time when the
provocation is made.
Requisites:
1. That the provocation must be sufficient.
2. That it must originate from the offended
party.
3. That the provocation must be immediate
to the act, i.e., to the commission of the
crime by the person who is provoked.
Plea of guilty to amended information still
immediate vindication of a grave offense to
the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity
within the same degrees.
Requisites:
1. That there be a grave offense done to the:
- accused
- his spouse,
- ascendants,
- descendants,
- legitimate, natural or adopted
brothers or sisters, or
- relatives by affinity within the same
degrees;
2. That the felony is committed in
vindication of such grave offense. A lapse of
time is allowed between the vindication and
the doing of the grave offense.
(Jurisprudence: 2-3 days in People v. Diokno
elopement case)
Gravity of offense depends on:
- social standing of the person,
- the place, and the time when the
insult was made
Vindication INCOMPATIBLE with PASSION or
OBFUSCATION
Distinction: Provocation v. Vindication
10. And, finally, any other circumstances of a
powerful as naturally to have produced
passion or obfuscation.
Requisites:
1. That there be an act, both unlawful and
sufficient to produce passion or obfuscation;
2. That said act which produced the
obfuscation was not far removed from the
commission of the crime by a considerable
length of time, during which the perpetrator
might recover his normal equanimity.
(Jurisprudence: Not more than 24 hours,
several hours or half an hour)
3. The accused acted upon an impulse arising
from lawful sentiments. (sudden impulse of
natural and uncontrollable fury)
4. The impulse must be so powerful that it
naturally produced passion or obfuscation in
him.
Mitigating only when the same arose from
lawful sentiments. Not mitigating when:
(1) The act is committed in a spirit of
lawlessness; or
(2) The act is committed in a spirit of revenge
Provocation and obfuscation arising from
one and the same cause should be treated
as only one mitigating circumstance.
Vindication of grave offense cannot co-exist
with passion and obfuscation. Exception —
When there are other facts, although closely
connected (People v Diokno).
Incompatible with TREACHERY,
PREMEDITATION.
Distinction: Passion or obfuscation and
irresistible force; Provocation
Art 14. Aggravating Circumstances
ACRAP-NCARR-PIECS-TIU-WMC
surrendered himself to a person in authority
or his agents…
Requisites:
1. That the offender had not been actually
arrested. Made before the government incurs
expenses, time and effort in tracking down
the offender's whereabouts;
2. That the offender surrendered himself
(through intermediary also allowed People v
Dela Cruz) (not just weapon) to a person in
authority or to the latter's agent
3. That the surrender was voluntary
VOLUNTARINESS: spontaneous in such a
manner that it shows the interest of the
accused to surrender unconditionally to the
authorities, either because he acknowledged
his guilt or because he wishes to save them
the trouble and expenses necessarily
incurred in his search and capture.
8… or that he had voluntarily confessed his
guilt before the court prior to the
presentation of the evidence for the
prosecution;
Requisites:
1. That the offender spontaneously confessed
his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made
prior to the presentation of evidence for the
prosecution.
Withdrawal of plea of not guilty and pleading
guilty before presentation of evidence by
prosecution is still mitigating.
The change of plea should be made at the
first opportunity.
1. That advantage be taken by the offender
of his public position.
mitigating because an entirely new
information and no evidence was presented
in connection with the charges made therein
Plea of guilty to lesser offense than that
charged, not mitigating.
Plea of guilty in culpable felonies and crimes
under special laws NOT mitigating.
9. That the offender is deaf and dumb, blind
or otherwise suffering some physical defect
which thus restricts his means of action,
defense, or communications with his fellow
beings.
Physical defect referred to in this paragraph
is such as being armless, cripple, or a
stutterer, whereby his means to act, defend
himself or communicate with his fellow
beings are limited.
Proof required that defect restricts EXCEPT in
COMPLETE BLINDNESS
10. Such illness of the offender as would
diminish the exercise of the will-power of
the offender without however depriving him
of the consciousness of his acts.
Requisites:
1. That the illness of the offender must
diminish the exercise of his will-power. (not
amounting to insanity, OW, exempting)
2. That such illness should not deprive the
offender of consciousness of his acts.
4. That the act be committed with abuse of
confidence or obvious ungratefulness.
similar nature and analogous to those above
mentioned.
- Over 60 years old with failing sight
- Outraged feeling of owner of animal taken
for ransom
- Outraged feeling of creditor
- Impulse of jealous feeling
- Esprit de corps
- Voluntary restitution of stolen property
- Extreme poverty and necessity
- Testifying for the prosecution
PRIVILEGED MITIGATING CIRCUMSTANCES
1. ART 68 MINORITY
When an offender is over fifteen (15) but
under eighteen (18) years of age and acted
with discernment, a discretionary penalty
shall be imposed, but always lower by two
degrees than that prescribed by law for the
crime which he committed.
2. ART 69 CRIME NOT WHOLLY
EXCUSABLE
Only unlawful aggression present – 1 degree
lower
Unlawful aggression and 1 other – 2 degrees
lower
3. WHEN THERE ARE TWO MITIGATING
CIRCUMSTANCES AND NO
AGGRAVATING – ONE DEGREE
LOWER
7. That the crime be committed on the
occasion of a conflagration, shipwreck,
1. Taking Advantage of Public Office
2. In Contempt of or With Insult to Public
Authorities
3. Rank, Age or Sex, Dwelling
4. Abuse Of Confidence And Obvious
Ungratefulness
5. Crime In Palace; In Presence Of The Chief
Executive; Place where public authorities
are engaged in the discharge of duties,
Place of Religious Worship
6. Nighttime; Uninhabited Place; Band
7. Calamity
8. Aid Of Armed Men Or Means To Ensure
Impunity
9. Recidivism
10. Reiteration or Habituality
11. Price, Reward Or Promise
12. Inundation, Fire, Poison…
13. Evident Premeditation
14. Craft, Fraud Or Disguise
15. Superior Strength Or Means To Weaken
Defense
16. Treachery
17. Ignominy
18. Unlawful Entry
19. Breaking Wall, Floor, Roof
20. With Aid Of Minors or By Motor Vehicle
21. Cruelty
Aggravating circumstances EXCLUSIVE
KINDS:
1. Generic
2. Specific
3. Qualifying
4. Inherent Aggravating
TN: Distinction Aggravating and Qualifying
- use of influence, prestige, ascendancy of
public position
2. That the crime be committed in contempt
or with insult to the public authorities.
Requisites:
1. That the public authority (NOT AN AGENT)
is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is not the (VICTIM) person
against whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the
offender from committing the criminal act.
3. That the act be committed with insult or
in disregard of the respect due the offended
party on account of his rank, age, or sex, or
that is be committed in the dwelling of the
offended party, if the latter has not given
provocation.
Four circumstances: Committed…
(1) with insult or in disregard (specific fact or
circumstance other than rank, age or sex) of
the respect due the offended party on
account of his rank,
(2) On account of his age, or
(3) On account of sex (female)
(4) In the dwelling of the offended party,
if the latter has not given provocation (owner
of dwelling did not provoke)
- RANK, AGE, SEX ONLY IN CRIMES AGAINST
PERSONS OR CRIMES AGAINST HONOR
- Considered singly or together. If all the
four circumstances are present, they have
the weight of one aggravating circumstance
only
- Abuse of confidence
1. That the offended party had trusted the
offender. (confidence immediate and
personal)
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated
the commission of the crime
- Obvious ungratefulness must be manifest
and clear
5. That the crime be committed in the palace
of the Chief Executive or in his presence, or
where public authorities are engaged in the
discharge of their duties, or in a place
dedicated to religious worship.
1. The offender commits the crime in the:
- Palace of the Chief Executive
- In the presence of the Chief Executive
- Where authorities are engaged in the
discharge of their duties
- Place dedicated to religious worship
2. Offender must have intention to commit a
crime when he entered the place
6. That the crime be committed (1) in the
nighttime, or (2) in an uninhabited place, or
(3) by a band, whenever such circumstance
may facilitate the commission of the
offense.
(1) When it facilitated the commission of the
crime; or
(2) When especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity
((3) When the offender took advantage
thereof for the purpose of impunity.
earthquake, epidemic or other calamity or
misfortune. CSEECM
8. That the crime be committed with the aid
of armed men or persons who insure or
afford impunity.
Requisites of this aggravating circumstance.
1. That armed men or persons took part in
the commission of the crime, directly or
indirectly.
2. That the accused availed himself of their
aid or relied upon them when the crime was
committed.
9. That the accused is a recidivist. A
recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another
crime embraced in the same title of this
Code.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
10. That the offender has been previously
punished by an offense to which the law
attaches an equal or greater penalty or for
two or more crimes to which it attaches a
lighter penalty (REITERACION/
HABITUALITY, QUASI-RECIDIVISM)
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense; and
3. That he is convicted of the new offense.
11. That the crime be committed in
consideration of a price, reward, or promise.
12. That the crime be committed by means
of inundation, fire, poison, explosion,
stranding of a vessel or international
damage thereto, derailment of a
locomotive, or by the use of any other
artifice involving great waste and ruin.
IFPESDG
13. That the act be committed with evident
premeditation.
ESSENCE: The execution was preceded by
cool thought and reflection upon the
resolution to carry out the criminal intent
during the space of time sufficient to arrive
at a calm judgment.
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.
ART 15 – ALTERNATIVE CIRCUMSTANCES
1. Relationship
14. That the craft, fraud or disguise be
employed.
Craft involves the use of intellectual trickery
or cunning on the part of the accused (not to
arouse suspicion)
Fraud - insidious words or machinations
used to induce the victim to act in a manner
which would enable the offender to carry
out his design (direct inducement)
Disguise - resorting to any device to conceal
identity
15. That (1) advantage be taken of superior
strength, or (2) means be employed to
weaken the defense.
Advantage be taken of superior strength -
use purposely excessive force out of
proportion to the means of defense
available to the person attacked
16. That the act be committed with
treachery (alevosia). There is treachery
when the offender commits any of the
crimes against the person, employing
means, methods, or forms in the execution
thereof which tend directly and specially to
insure its execution, without risk to himself
arising from the defense which the offended
party might make.
Requisites of treachery:
(1) That at the time of the attack, the victim
was not in a position to defend himself; and
(2) That the offender consciously adopted the
particular means, method or form of attack
employed by him.
(3) That the crime is against persons
INSTRUCTION AND EDUCATION
MITIGATING:
(1) When the aggression is continuous,
treachery must be present in the beginning of
the assault. (People vs. Canete, supra)
(2) When the assault was not continuous, in
that there was an interruption, it is sufficient
that treachery was present at the moment
the fatal blow was given. (US v. Baluyot)
17. That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act.
Ignominy is a circumstance pertaining to the
moral order, which adds disgrace and
obloquy to the material injury caused by the
crime.
Applicable to crimes against chastity, less
serious physical injuries, light or grave
coercion, and murder
18. That the crime be committed after an
unlawful entry.
There is an unlawful entry when an entrance
is effected by a way not intended for the
purpose.
19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken. WRFDW
20. That the crime be committed with the
aid of persons under 15 years of age or by
means of motor vehicle, motorized
watercraft, airships, or other similar means.
VWAO
EXTENUATING CIRCUMSTANCE
 Mother or parents of the mother
21. That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission.
SPECIAL LAWS
RA 10591 Firearms and Ammunition Act
WITH THE USE OF LOOSE FIREARM:
1. When maximum penalty for the
crime LOWER than for illegal
possession of firearm - the penalty
for illegal possession of firearm shall
be imposed
2. EQUAL - the penalty of prision
mayor  in its minimum period shall
be imposed in addition to the
penalty for the crime
3. Illegal possession ABSORBED in
rebellion, insurrection, or
attempted coup d’ etat
WITHOUT USE – illegal possession
considered as a distinct and separate
offense.
ABSOLUTORY CAUSES
ART 332 No Criminal, only CIVIL liability for
 2. Intoxication
3. Degree of instruction and education
RELATIONSHIP
1. Offended party is SPOUSE, ASCENDANT,
DESCENDANT, BROTHER OR SISTER, IN-LAWS
in the same degree, STEPPARENTS,
STEPCHILD
TN: NOT COLLATERAL RELATIVES
MITIGATING – crimes against property
AGGRAVATING – crimes against persons
when offended party is relative of higher or
same degree. (EXCEPT in homicide, murder,
Serious Physical Injuries, crimes against
chastity - aggravating even if relative is of
lesser degree)
NEITHER – if relationship is an element
(parricide, adultery, concubinage)
1. Offender received NO instruction or
Did not finish Grade 1 AND
2. Lack of sufficient intelligence
3. NOT MITIGATING in crimes against
property and chastity, murder,
treason
AGGRAVATING:
1. when the offender availed himself or
took advantage of it in committing
the crime (lawyers, doctors)
committing abortion to conceal
dishonor
the crimes of THEFT (both simple and
qualified), SWINDLING (not when
complexed) or MALICIOUS MISCHIEF
committed or mutually caused by:
1. SPOUSES (legitimate or common
law)
2. ASCENDANTS AND DESCENDANTS
3. RELATIVES BY AFFINITY IN THE SAME
LINE
4. WIDOWED SPOUSE with respect to
property of deceased spouse before
it passes into possession of others
BROTHERS AND SISTERS AND IN-LAWS
LIVING TOGETHER

INTOXICATION
a. Mitigating
(1) if intoxication is not habitual, or
(2) if intoxication is not subsequent to the
plan to commit a felony.
(3) at the time of the commission of the
criminal act, he has taken such quantity of
alcoholic drinks as to blur his reason and
deprive him of a certain degree of control
b. Aggravating
(1) if intoxication is habitual; or
(2) if it is intentional (subsequent to the plan
to commit a felony). It is intentional when the
offender drinks liquor fully knowing its
effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any
remorse.
ART 22 – RETROACTIVE EFFECT OF PENAL
LAWS - Penal Laws shall have a retroactive
effect insofar as they favor the persons guilty
of a felony, who is not a habitual criminal, as
this term is defined in Rule 5 of Article 62 of
this Code, although at the time of the
publication of such laws a final sentence has
been pronounced and the convict is serving
the same.
APPLIES in the ff situations:
1. The crime has been committed and
prosecution begins;
2. Sentence has been passed but service has
not begun;
3. The sentence is being carried out.
REPEALS –
When ABSOLUTE: obliterates criminal liability
Subsists under the repealed law:
(1) When the provisions of the former law are
reenacted; or
(2) When the repeal is by implication; or
(3) When there is a saving clause.
The repeal of penal law which impliedly
repealed an old penal law revives the old
law.
Penalty may be imposed for a felony?
Only that penalty prescribed by law prior to
the commission of the felony may be
imposed. (Art. 21)
Felonies are punishable under the laws in
force at the time of their commission. (Art.
366)
But the penalty prescribed by a law enacted
after the commission of the felony may be
imposed, if it is favorable to the offender.
ART 26. PENALTIES WHICH MAY BE
IMPOSED
PENALTIES BQ: Factors to consider to arrive at correct
What are not considered penalty? penalty:
ART 29 PREVENTIVE IMPRISONMENT 1. the crime committed;
Applies when sentence consists of 2. Stage of execution and degree of
deprivation of liberty! participation;
Full Credit: if the detention prisoner agrees 3. Determine the penalty;
voluntarily in writing to abide by the same 4. Consider the modifying circumstances;
disciplinary rules imposed upon convicted 5. Determine whether ISLAW is applicable or
prisoners, except in the following cases: not.
1. When they are recidivists or have been
convicted previously twice or more times of
any crime; and
2. When upon being summoned for the
execution of their sentence they have failed
to surrender voluntarily.
4/5 Credit – Does not agree
RELEASED: undergone preventive
imprisonment for a period equal to or more
than the possible maximum imprisonment of
the imposable penalty. If destierro, release
after 30 days
Penalties under Philippine Laws
RPC:
1. Principal Penalties – Art 26
2. Accessory Penalties – Art 40-44
3. Confiscation and Seizure – Art 45
4. Subsidiary Penalty – Art 39
5. Penalty for Special Complex Crime –
Art 48
6. Penalty for Crimes Different from
Intended – Art 49
7. Complex Penalty – Art 77
8. Two-tiered penalty
9. Additional Penalty for Habitual
Delinquency – Art 64
10. Penalty for Incomplete Accident –
Art 67
ART 40-44. ACCESSORY PENALTIES PAD, TAD – deprivation of public office and ART 39. SUBSIDIARY PENALTY when convict
1. Death, when not executed by reason of suffrage, disqualification office and suffrage, has NO PROPERTY to pay the FINE:
Capital: DEATH (suspended) but RP without commutation or pardon — loss of retirement pay or pension
the benefit of parole (1) perpetual absolute disqualification; 1. Prision correccional or arresto AND fine —
Afflictive: Reclusion perpetua, Reclusion (2) civil interdiction for 30 years, if not PSD, TSD – deprivation and disqualification subsidiary imprisonment, not to exceed 1/3
temporal, PAD or TAD, PSD or TSD,  expressly remitted in the pardon. office of the term of the sentence, and in no case to
Prision mayor. 2. Reclusion perpetua and reclusion continue for more than one year. Fraction or
Correctional penalties: temporal — CI – parental authority, manage property, part of a day, not counted.
Prision correccional, Arresto mayor,  (1) civil interdiction for life or during the dispose property inter vivos 2. FINE ONLY —
Suspension,  Destierro. sentence; and  Grave or less grave offense - not to
Light penalties: (2) perpetual absolute disqualification, unless Art. 45. Confiscation and forfeiture of the exceed 6 months
Arresto menor,  expressly remitted in the pardon of the proceeds or instruments of the crime.  Light felony - not to exceed 15 days
Public censure. principal penalty. Outline of the provision of this article. 3. When the penalty imposed is higher than
Common: Fine, and Bond to keep the peace. 3. Prision mayor — 1. Every penalty imposed carries with it the prision correcional — NONE
Accessory Penalties: (1) temporary absolute disqualification; and forfeiture of the proceeds of the crime and 4. If the penalty imposed is not to be
PAD or TAD  (2) perpetual special disqualification from the instruments or tools used in the executed by confinement, but of fixed
PSD or TSD,  suffrage, unless expressly remitted in the commission of the crime. duration — subsidiary penalty shall consist in
Suspension from public office, the right to pardon of the principal penalty. 2. The proceeds and instruments or tools of the same deprivations as those of the
vote and be voted for, the profession or 4. Prision correccional — the crime are confiscated and forfeited in principal penalty, under the same rules as in
calling.  (1) suspension from public office, profession favor of the Government. Nos. 1, 2 and 3 above.
Civil interdiction,  or calling, and 3. Property of a third person not liable for the 5. In case the financial circumstances of the
Indemnification,  (2) perpetual special disqualification offense, is not subject to confiscation and convict should improve, he shall pay the fine,
Forfeiture or confiscation of instruments and from suffrage, if the duration of forfeiture. notwithstanding the fact that the convict
proceeds of the offense,  imprisonment exceeds 18 months, unless 4. Property not subject of lawful commerce suffered subsidiary personal liability
Payment of costs. expressly remitted in the pardon of the (whether it belongs to the accused or to third therefor.
CLASSIFICATION OF FINES principal penalty. person) shall be destroyed.
Fine is: Note: There is perpetual special CUT OFF – prision correccional 6mos-6years
1. Afflictive - over P6,000.00 disqualification from suffrage, only when the Art. 73. Presumption in regard to the SO if penalty is PRISION MAYOR, no
2. Correctional - P200.00 to P6,000.00 duration of the imprisonment exceeds 18 imposition of accessory penalties. subsidiary penalty can be imposed!
3. Light penalty — less than P200.00 months. ACCESSORY PENALTIES ARE DEEMED
5. Arresto — suspension of the right to hold IMPOSED
Bond to keep the peace is by analogy: office and the right of suffrage during the The accessory penalties provided for in Arts.
1. Afflictive — over P6,000.00 term of the sentence. 40 to 45 are deemed imposed by the courts
2. Correctional - P200.00 to P6,000.00 without the necessity of making an express
3. Light penalty - less than P200.00 Death and Destierro have no accessory pronouncement of their imposition.
penalty. TN: But NOT subsidiary imprisonment,
because it is not an accessory penalty.

ART 48. COMPLEX CRIMES COMPLEX CRIME PROPER Special Complex Crimes A continued (continuous or continuing) crime
Two kinds of complex crimes: Requisites: robbery with homicide (Art. 294, par. 1), is a single crime, consisting of a series of acts
1. COMPOUND CRIME - When a single act 1. That at least two offenses are committed. robbery with rape (Art. 294, par. 2), or but all arising from one criminal resolution. A
constitutes two or more grave or less grave
felonies.
2. COMPLEX CRIME PROPER - When an
offense is a necessary means for committing
the other.
COMPOUND CRIME:
Requisites:
1. That only a single act is performed by the
offender.
2. That the single act produces:
(1) two or more grave felonies, or
(2) one or more grave and one or more
less grave felonies,
(3) two or more less grave felonies.
TN: light felonies not complexed
Single act:
1. throwing a highly explosive hand
grenade (P v. Guillen)
2. Placing a time bomb in a plane (P v.
Largo)
3. the same bullet causing two deaths
(P v. Pama)
ONE PENALTY:
1. Single Criminal Impulse - In
obedience to an order several
accused simultaneously shot many
persons, without evidence how many
each killed (P v. Lawas)
2. Single Purpose - Two riots on two
successive days in the national
penitentiary wherein nine prisoners
were killed (P v. De Los Santos)
Same motive – 128 falsifications to swindle
bank (P v Cu Unijeng)
COMPOUND CRIMES result when the
2. That one or some of the offenses must be
necessary to commit the other.
3. That both or all the offenses must be
punished under the same statute.
1. Simple seduction by means of
usurpation of official functions. (U.S.
vs. Hernandez – fake marriage)
2. Malversation through falsification of
public documents (falsification must
be to obtain possession of the funds,
NOT when funds already in
possession of accused)
3. Estafa through falsification
4. forcible abduction with rape
5. Direct assault with homicide
Not complex:
1. sub-machine gun. Liable for each
death caused by separate bullets (P
v. Desierto)
2. One offense is committed to conceal
the other
3. When two or more crimes are
committed but (1) not by a single
act, or (2) one is not a necessary
means for committing the other
4. Rebellion with common crimes
PENALTY:
The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period. (when
punishable by imprisonment and fine, only
imprisonment is imposed)
TN: Penalty for complex crimes and Complex
Penalty are different. There is a “complex
penalty” provided in the Code under ART 77!
DELITO CONTINUADO, or CONTINUOUS
kidnapping with serious physical injuries
(Art. 267, par. 3), or
kidnapping with murder or homicide (Art.
267, last par.), or
rape with homicide (Art. 335)
Plurality of crimes defined.
Plurality of crimes consists in the successive
execution by the same individual of different
criminal acts upon any of which no
conviction has yet been declared.
2 Kinds of Plurality of Crimes under Art 48:
(1) formal or ideal plurality - There is but one
criminal liability in this kind of plurality.
(2) real or material plurality - there are
different crimes in law as well as in the
conscience of the offender.
TN: In such cases, the offender shall be
punished for each and every offense that he
committed.
Plural crimes of the formal or ideal type are
divided into three groups. A person
committing multiple crimes is punished with
ONE penalty in the following cases:
1. When the offender commits any of the
complex crimes defined in Art. 48.
2. When the law specifically fixes a single
penalty for two or more offenses committed.
3. When the offender commits continued
crimes.
ART 49. Penalty to be imposed upon the
continuing offense is a continuous, unlawful
act or series of acts set on foot by a single
impulse and operated by an unintermittent
force, however long a time it may occupy. (22
C.J.S., 52) Although there is a series of acts,
there is only one crime committed.
TN: Single larceny doctrine
Continued Crime v Transitory Crime
A continued crime is different from a
transitory crime. A continued, continuous or
continuing crime is different from a transitory
crime in criminal procedure to determine
venue. An example of transitory crime, also
called a "moving crime," is kidnapping.
When a transitory crime is committed, the
criminal action may be instituted and tried in
the court of the municipality, city or province
wherein any of the essential ingredients
thereof took place. The
singleness of the crime, committed by
executing two or more acts, is not
considered.
PRAETER INTENTIONEM or where the
offender committed only a single felonious
act from which two or more crimes resulted.
This is provided for in modified form in the
first part of Article 48, Revised Penal Code,
limiting the resulting crimes to only grave
and/or less grave felonies. Hence, light
felonies are excluded even though resulting
from the same single act.
An ORDINARY COMPLEX CRIME is made up
of two or more crimes being punished in
distinct provisions of the RPC but alleged in
one information either because they were
brought about by a single felonious act or
because one offense is a necessary means for
committing the other offense or offenses.
They are alleged in one information so that
only one penalty shall be imposed. As to
penalties, ordinary complex crime, the
penalty for the most serious crime shall be
imposed and in its maximum period
A SPECIAL COMPLEX CRIME is made up of
two or more crimes which are considered
only as components of a single indivisible
offense being punished in one provision of
the RPC. As to penalties, special complex
crime, only one penalty is specifically
prescribed for all the component crimes
which are regarded as one indivisible offense.
The component crimes are not regarded as
distinct crimes and so the penalty for the
most serious crime is not the penalty to be
imposed nor in its maximum period. It is the
penalty specifically provided for the special
complex crime that shall be applied according
to the rules on imposition of the penalty.
Article 77. When the penalty is a complex
CRIME, is a term used to denote as only one
crime a series of felonious acts arising from a
single criminal resolution, not susceptible of
division, which are carried out in the same
place and at about the same time, and
violating one and the same penal provision.
The acts done must be impelled by one
criminal intent or purpose, such that each act
merely constitutes a partial execution of a
particular crime, violating one and the same
penal provision. It involves a concurrence of
felonious acts violating a common right, a
common penal provision, and Impelled by a
single criminal impulse
On the other hand, a CONTINUING OFFENSE
is one whose essential ingredients took place
in more than one municipality or city, so
much so that the criminal prosecution may
be instituted and the case tried in the
competent court of any one of such
municipality or city.
ART 62. HABITUAL DELINQUENT
principals when the crime committed is
different from that intended.
Aberratio ictus – Art 48 applies
Error in personae – Art 49
Praeter Intentionem -
ABERRATIO ICTUS or mistake in the blow
occurs when the offender delivered the blow
at his intended victim but missed, and instead
such blow landed on an unintended victim.
The situation generally brings about complex
crimes where from a single act, two or more
grave or less grave felonies resulted, namely
the attempt against the intended victim and
the consequence on the unintended victim.
As complex crimes, the penalty for the more
serious crime shall be the one imposed and in
the maximum period. It is only when the
resulting felonies are only light that complex
crimes do not result and the penalties are to
be imposed distinctly for each resulting
crime.
ERROR IN PERSONAE or mistake in identity
occurs when the offender actually hit the
person to whom the blow was directed but
turned out to be different from and not the
victim intended. The criminal liability of the
offender is not affected, unless the mistake in
identity resulted to a crime different from
what the offender intended to commit, in
which case the lesser penalty between the
crime intended and the crime committed
shall be imposed but in the maximum period
(Art. 49, RFC).
Additional penalty for habitual delinquency:
consequence went beyond that intended or
expected. This is a mitigating circumstance
(Art. 13. par. 3, RPC) when there is a
notorious disparity between the act or means
employed by the offender and the resulting
felony, i,e., the resulting felony could not be
reasonably anticipated or foreseen by the
offender from the act or means employed by
him.
RULES:
1. If the penalty for the felony committed be
higher than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
2. If the penalty for the felony committed be
lower than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
3. If the act committed also constitutes an
attempt or frustration of another crime, and
the law prescribes a higher penalty for either
of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period. (Not necessary due to Art
48 in view that the same act committed by
the accused, which gives rise to one crime,
also constitute(s) an attempt or a frustration
of another crime.)
ART 67. PENALTY WHEN EXEMPTING
one composed of three distinct
penalties. RULE: Apply by analogy the
prescribed rules.
COMPLEX PENALTY: It is a penalty prescribed
by law composed of three distinct penalties,
each forming a period; the lightest of them
shall be the minimum, the next the medium,
and the most severe the maximum period.
EX. Reclusion temporal to death (Art. 114).
Maximum — Death.
Medium — Reclusion perpetua
Minimum — reclusion temporal.
Art. 28. Computation of penalties
1. When the offender is in prison — the
duration of temporary penalties is from the
day on which the judgment of conviction
A person is a habitual delinquent if within a
period of ten years from the date of his (last)
release or last conviction of the crimes of (1)
serious or less serious physical injuries, (2)
robo, (3) hurto, (4) estafa, or (5) falsification,
he is found guilty of any of said crimes a third
time or oftener.
Requisites of habitual delinquency.
1. FIRST CONVICTION - That the offender had
been convicted of any of the crimes of
serious or less serious physical injuries,
robbery, theft, estafa, or falsification.
2. SECOND CONVICTION - That after that
conviction or after serving his sentence, he
again committed, and, within 10 years from
his release or first conviction, he was again
convicted of any of the said crimes for the
second time.
3. THIRD CONVICTION - That after his
conviction of, or after serving sentence for,
the second offense, he again committed, and,
within 10 years from his last release or last
conviction, he was again convicted of any of
said offenses, the third time or oftener.
Subsequent crime must be committed AFTER
CONVICTION of former crime. Commissions
on same day (although different dates of
conviction) and convictions on same day
counts only as 1.
Recidivism inherent in habitual delinquency.
ARTS 30-35. EFFECTS OF PENALTIES
PAD or TAD for public office
a. Deprivation of public offices and
employments, even if by election.
1. Upon a third conviction, the culprit shall be
sentenced to the penalty provided by law for
the last crime of which he is found guilty and
to the additional penalty of prision
correccional in its medium and maximum
periods.
2. Upon a fourth conviction, the culprit shall
also be sentenced to the additional penalty
of prision mayor in its minimum and medium
periods.
3. Upon a fifth or additional conviction, the
culprit shall also be sentenced to the
additional penalty of prision mayor in its
minimum period to reclusion temporal in its
minimum period.
Total penalties not to exceed 30 years.
The total of the two penalties shall not
exceed 30 years. The two penalties refer to
(1) the penalty for the last crime of which he
is found guilty and (2) the additional penalty
for being a habitual delinquent.
Civil interdiction:
a. Deprivation of the rights of parental
authority or guardianship of any ward.
b. Deprivation of marital authority.
CIRCUMSTANCE OF ACCIDENT IS
INCOMPLETE
Requisites of Accident:
1. That the act causing the injury be lawful;
that is, permitted not only by law but also by
regulations.
2. That it be performed with due care.
3. That the injury be caused by mere
accident, i.e., by an unforeseen event.
4. That there be no fault or intention to cause
the injury.
Reckless imprudence - #2 absent. Penalty is
arresto mayor in its maximum period to
prision correccional in its minimum period
Simple imprudence – the threatened harm is
not imminent or the danger is not openly
visible. Penalty is arresto mayor in its
minimum and medium periods
The penalty provided in Art. 67 is the same as
that in Art. 365.
Article 72 Preference in the payment of the
civil liabilities
1. Offender found guilty of 2 or more offenses
with civil liabilities
becomes final. (Rationale: Art 24 arrest and
temporary detention is not a penalty)
2. When the offender is not in prison — the
duration of penalty consisting in deprivation
of liberty, is from the day that the offender is
placed at the disposal of judicial authorities
for the enforcement of the penalty.
3. The duration of other penalties — the
duration is from the day on which the
offender commences to serve his sentence.
(Out on bail)
ART 27. DURATION OF PENALTIES
1. RP — 20 yrs. and 1 day to 40 yrs.
2. RT — 12 yrs. and 1 day to 20 yrs.
3. PM and TD — 6 yrs. 1 day to 12 yrs.,
except when disqualification is accessory
penalty, in which case its duration is that of
the principal penalty.
4. Prision correccional, suspension, and
destierro — 6 mos. 1 day to 6 yrs., except
when suspension is an accessory penalty, in
which case its duration is that of the
principal penalty.
5. Arresto mayor — 1 mo. and 1 day to 6
mos.
6. Arresto menor — 1 day to 30 days.
7. Bond to keep the peace — not provided as
penalty under the RPC, hence, cannot be
imposed
COMPUTATION OF PENALTIES
Rules:
b. Deprivation of right to vote or to be
elected.
c. Disqualification for the offices or public
employments and for the exercise of any of
the rights mentioned.
d. Loss of right to retirement pay or pension
for any office formerly held. (Art. 30)
PSD or TSD for public office, profession or
calling
a. Deprivation of the office, employment,
profession or calling affected.
b. Disqualification for holding similar offices
or employments perpetually or during the
term of the sentence. (Art. 31)
PSD or TSD for the exercise of the right of
suffrage
a. Deprivation of the right to vote or to be
elected to any public office.
b. Cannot hold any public office during the
period of disqualification. (Art. 32)
Suspension from public office, profession or
calling or the right of suffrage
a. Disqualification from holding such office or
exercising such profession or calling or right
of suffrage during the term of the sentence.
b. If suspended from public office, the
offender cannot hold another office having
similar functions during the period of
suspension. (Art. 33)
ARTS 50-57 PENALTIES TO BE IMPOSED
Consummate Frustrated Attempted
c. Deprivation of the right to manage his 2. Order of payment follows the
property and of the right to dispose of such chronological order of the dates of final
property by any act or any conveyance inter judgments.
vivos. (Art. 34) TN: While criminal liability is satisfied by
successive service of sentences in the order
ART 38. PECUNIARY LIABILITIES of respective severity (Art. 70), civil liability is
APPLICATION: in case the property of the satisfied by following the chronological order
offender should not be sufficient for the of the dates of the final judgments.
payment of all his pecuniary liabilities,
ORDER OF PAYMENT: BQ: FINES cannot be imposed jointly and
1. The reparation of the damage caused. severally among several accused.
2. Indemnification of the consequential The two accused must separately pay the
damages. fine, which is their penalty. Solidary liability
3. Fine. applies only to civil liabilities.
4. Costs of proceedings.
BQ: Distinguish Pecuniary Liabilities v.
Pecuniary Penalties
ART 66. IMPOSITION OF FINES
1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider —
a. The mitigating and aggravating
circumstances; and
b. More particularly, the wealth or means of
the culprit.
When the minimum of the fine is not fixed.
When the law does not fix the minimum of
the fine, the determination of the amount of
the fine to be imposed upon the culprit is left
to the sound discretion of the court, provided
it shall not exceed the maximum authorized
by law.
DEGREE one entire penalty, one whole
penalty or one unit of the penalties. A
 1. Graduating Penalties based on
Scale of Penalties– Art 61 based
on Art 71
2. Indivisible Penalties – Art 63
3. Penalties with 3 periods – Art 64
4. Penalties not composed of three
periods – Art 65
5. ISLAW
6. Fines – Art 75
ART 46 Penalty prescribed in general
terms — general rule.
The penalty prescribed by law in general
terms shall be imposed:
1. Upon the principals.
2. For consummated felony.
Exception — when the law fixes a penalty
for frustrated or attempted felony. (EX.
ROBBERY)
Art. 61. Rules for graduating penalties.
d period of a divisible penalty, when
Principal 0 1 2 prescribed by the Code as a penalty for a
Accomplice 1 2 3 felony, is in itself a degree.
Accessory 2 3 4
A period is one of the three equal
50 principals of a frustrated crime portions, called minimum, medium, and
51 principals of attempted crimes maximum, of a divisible penalty (Art 65)
52 accomplices in consummated crime
53 accessories to a consummated felony When Accomplice Punished as Principal
1. The ascendants, guardians, curators,
Art 50, 51, 52 and 53 - the basis for reduction is the teachers and any person who by abuse of
penalty prescribed for the consummated crime. authority or confidential relationship,
shall cooperate as accomplices in the
54 accomplices in a frustrated crime crimes of rape, acts of lasciviousness,
55 accessories of a frustrated crime seduction, corruption of minors,
white slave trade or abduction. (Art. 346)
Articles 54 and 55, the basis for the reduction is the 2. One who furnished the place for the
penalty prescribed by law for the frustrated felony perpetration of the crime of slight illegal
detention. (Art. 268)
56 accomplices in an attempted crime
57 accessories of an attempted crime Accessory Punished as Principal
Knowingly concealing certain evil
Articles 56 and 57, the basic penalty to be used for practices is ordinarily an act of the
reduction by one or two degrees is that for the accessory, but in Art. 142.
attempted felony.
From all of these, it will also be observed that in making
any reduction by one or two degrees, the basis used is
that already prescribed, not as already reduced. It will
also be noticed that under Article 51, the penalty for an
attempted crime is that for the consummated felony,
reduced by two degrees, not the penalty for the
frustrated felony, reduced by one degree.
The lower penalty shall be taken from the Art. 62. Effects of the attendance of PERSONAL TO OFFENDER - Aggravating or
Art. 61 provides for the rules to be observed
in lowering the penalty by one or two
degrees.
According to Art. 46, the penalty prescribed
by law in general terms shall be imposed
upon the principal in a consummated
felony. According to Arts. 50 to 57, the
penalty prescribed by law for the felony shall
be lowered by one or two degrees, as
follows:
(1) For the principal in frustrated felony —
one degree lower;
(2) For the principal in attempted felony —
two degrees lower;
(3) For the accomplice in consummated
felony — one degree lower; and
(4) For the accessory in consummated felony
— two degrees lower.
The rules provided for in Art. 61 should also
apply in determining the minimum of the
indeterminate penalty under the ISLAW. The
minimum of the indeterminate penalty is
within the range of the penalty next lower
than that prescribed by the RPC for the
offense.
Those rules also apply in lowering the penalty
by one or two degrees by reason of the
presence of privileged mitigating
circumstance (Arts. 68 and 69), or when the
penalty is divisible and there are two or more
mitigating circumstances (generic) and no
aggravating circumstance. (Art. 64)
Art. 63. Rules for the application of
graduated scale in Art. 71.
Scale No. 1 in Art. 71 enumerates the
penalties in the following order:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
Simplified rules:
(1) If the penalty prescribed by the Code
consists in three periods, corresponding to
different divisible penalties, the penalty next
lower in degree is the penalty consisting in
the three periods down in the scale.
(2) If the penalty prescribed by the Code
consists in two periods, the penalty next
lower in degree is the penalty consisting
in two periods down in the scale.
(3) If the penalty prescribed by the Code
consists in only one period, the penalty next
lower in degree is the next period down in
the scale.
Modifying circumstances disregarded.
In lowering the penalty, the penalty
prescribed by the Revised Penal Code for the
crime is the basis, without regard to the
circumstances. It is only after the penalty
next lower in degree is already determined
that the mitigating and/or aggravating
circumstances should be considered.
Article 64. Rules for the application of
mitigating or aggravating circumstances
and of habitual delinquency.
Aggravating circumstances NOT considered:
(1) which in themselves constitute a crime
especially punished by law.
Ex. "by means of fire" = arson; by means of
"derailment of a locomotive" = Art. 330
"Damages and obstruction to means of
communication."
(2) which are included by the law in defining
a crime and prescribing the penalty therefor.
Ex. dwelling in robbery with force upon
Things; abuse of confidence qualified theft
committed with grave abuse of confidence;
poison in murder;
(3) which are inherent in the crime to such a
degree that it must of necessity accompany
the commission thereof
When maximum penalty imposed:
1. When in the commission of the crime,
advantage was taken by the offender of his
public position;
2. If the offense was committed by any
person who belongs to an organized/
syndicated crime group (a group of two or
more persons collaborating confederating or
mutually helping one another for purposes of
gain in the commission of any crime)
Art. 65. RULES IN CASES IN WHICH THE
mitigating circumstances which arise from:
(1) the moral attributes of the offender,
(evident premeditation, passion or
obfuscation)
(2) from his private relations with the
offended party
(3) from any other personal cause (minority,
recidivism)
Circumstances which apply only to offenders
who had KNOWLEDGE (when principal by
inducement left to the material executor how
the killing would be done) - The
circumstances which consist:
(1) in the material execution of the act, (ex.
treachery)
(2) in the means employed to accomplish it
(ex. use of poison)
The circumstances attending the commission
of a crime relate either (1) to the persons
participating in the same, or (2) to its
material execution, or to the means
employed. The former (1), do not affect all
the participants in the crime, but only those
to whom they particularly apply. The latter
(2), have a direct bearing upon the criminal
liability of all the defendants who had
knowledge thereof at the time of the
commission of the crime, or of their
cooperation therein.
(6) Use the maximum of the medium period
indivisible penalties.
1. When the penalty is single indivisible, it
shall be applied regardless of any mitigating
or aggravating circumstances.
2. When the penalty is composed of two
indivisible penalties, the following rules shall
be observed: (ex. Reclusion perpetua to death
in parricide, robbery with homicide,
kidnapping and serious illegal detention
without intention to extort ransom and rape
committed with the use of a deadly weapon
or by two or more persons)
(a) When there is only one aggravating
circumstance, the greater penalty shall be
imposed.
(b) When there is neither mitigating nor
aggravating circumstances, the lesser penalty
shall be imposed.
(c) When there is a mitigating circumstance
and no aggravating circumstance, the lesser
penalty shall be imposed.
(d) When both mitigating and aggravating
circumstances are present, the court shall
allow them to offset one another.
TN: the penalty cannot be lowered by one
degree, no matter how many mitigating
circumstances are present
EXPN: Privileged mitigating circumstance
Art. 63 applies only when the penalty
prescribed by the Code is either one
indivisible penalty or two indivisible
penalties.
ISLAW
penalties which contain three periods
1. No aggravating and mitigating — medium
period.
2. Only a mitigating — minimum period.
3. Only an aggravating — maximum period.
Penalties with three periods:
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Arresto menor
Prision correccional to reclusion temporal
Art. 64 does not apply to
(1) indivisible penalties,
(2) penalties prescribed by special laws, and
(3) fines
In what cases are mitigating and aggravating
circumstances not considered in the
imposition of penalty?
1. When the penalty is single and indivisible.
(Art. 63)
2. In felonies thru negligence. The rules for
the application of penalties prescribed by
Article 64 are not applicable to a case of
reckless imprudence under Art. 365.
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants. It lies in the
discretion of the trial court, irrespective of
the attending circumstances. (Sec. 106, Adm.
Code of Mindanao and Sulu)
4. When the penalty is only a fine imposed by
an ordinance.
5. When the penalties are prescribed by
special laws.
DETERMINING MAX AND MIN TERMS
PENALTY IS NOT COMPOSED OF THREE
PERIODS.
The courts shall apply the rules contained in
the foregoing articles, dividing into three
equal portions of time included in the penalty
prescribed, and forming one period of each
of the three portions.
(1) Let us take as an example prision mayor
which has a duration of 6 years and 1 day to
12 years.
(2) Subtract the minimum (disregarding the 1
day) from the maximum, thus —
12 years - 6 years = 6 years.
(3) Divide the difference by 3, thus —
6 years / 3 = 2 years.
(4) Use the minimum of 6 years and 1 day of
prision mayor as the minimum of the
minimum period. Then add 2 years to the
minimum (disregarding the 1 day) to get the
maximum of the minimum period. Thus —
6 years + 2 years = 8 years
(maximum of the minimum)
The range of the minimum period is,
therefore, 6 years and 1 day to 8 years.
(5) Use the maximum of the minimum period
as the minimum of the medium period.
Compute maximum of medium period:
8 years + 2 years = 10 years
(maximum of medium period)
The range of the medium period is, therefore,
8 years and 1 day to 10 years.
SPECIAL LAW:
as the minimum of the maximum period, and
add 1 day to distinguish it from the maximum
of the medium period; we have — 10 years
and 1 day. Compute the maximum of the
maximum period –
10 years + 2 years = 12 years
(maximum of maximum period)
The range of the maximum period is,
therefore, 10 years and 1 day to 12 years.
TN: See Art. 76. The computation is not
followed in the division of arresto mayor.
According to the table prepared under Art.
76, the three periods of arresto mayor are:
Minimum — 1 month and 1 day to 2 months.
Medium — 2 months and 1 day to 4 months.
Maximum — 4 months and 1 day to 6
months.
ART 68. MINORITY PMC – 2 degrees lower
ART 69. CRIME NOT WHOLLY EXCUSABLE
PMC – one degree lower.
Distinctions between fine with a minimum
Purpose of ISLAW:
The purpose of the Indeterminate Sentence
Law is "to uplift and redeem valuable human
material, and prevent unnecessary and
excessive deprivation of personal liberty and
economic usefulness."
BQ: Indeterminate Sentence Law not
applicable to the following: UPDATE
1. Persons convicted of offenses punished
with death penalty or life imprisonment.
2. Those convicted of treason, conspiracy or
proposal to commit treason.
3. Those convicted of misprision of treason,
rebellion, sedition or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from
confinement or evaded sentence.
7. Those who violated the terms of
conditional pardon granted to them by the
Chief Executive.
8. Those whose maximum term of
imprisonment does not exceed one year.
9. Those who, upon the approval of the law
(December 5, 1933), had been sentenced by
final judgment. (Sec. 2, Act No. 4103)
10. Those sentenced to the penalty of
destierro or suspension.
Reason for fixing the MINIMUM and
MAXIMUM
1. After service of the minimum, offender
may become eligible for parole
2. When there is violation of the conditions of
his parole, the convict is re-arrested and shall
serve the remaining unexpired portion of the
maximum sentence.
PD 968 - PROBATION LAW
RPC:
MAX: maximum term of which shall be that
which, in view of the attending
circumstances, could be properly imposed
under the rules of the Revised Penal Code.
- The rules and provisions which must
be applied to determine the
maximum term of the indeterminate
penalty are those provided in Arts.
46, 48, 50 to 57, 61, 62 (except par. 5
habitual delinquency), 64, 65, 68, 69,
and 71.
MIN: that shall be within the range of the
penalty next lower to that prescribed by the
Code for the offense, without regard to its
three periods.
EXPN: PMC
- TN: Get the MIN for ISLAW first by
lowering by one degree from the
prescribed penalty which is the
STARTING POINT for the MIN.. Once
the MINIMUM is determined, the
penalty which is made the starting
point should be imposed in the
proper period. That penalty in the
proper period will be the MAXIMUM
of the indeterminate penalty.
EXPN COMPLEX CRIMES (People v. Gonzales)
for the purpose of determining the penalty
next lower in degree, the penalty that should
be considered as a starting point is the whole
of the graver offense (ex. prision mayor, not
prision mayor in the maximum period),
without regard to its maximum period, which
is only the penalty actually applied because
of Article 48 of the Revised Penal Code.
BQ: BARRED BY APPEAL
MAX: the maximum shall not exceed the
maximum fixed by said law.
MIN: the minimum shall not be less than the
minimum term prescribed by the same.
BQ: ISLAW WHEN APPLICABLE
1. When penalty imposed is LESS THAN
ONE YEAR, ISLAW not required,
hence a STRAIGHT PENALTY (1-12
months) is imposed.
2. CONVERSELY, if penalty imposed is
more than one year, there must be a
maximum and minimum term. Thus a
straight penalty of 2 years is not
correct.
COMPUTATION OF FINES
Article 75. Increasing or reducing the
penalty of fine by one or more degrees.  amount.
APPLICATION: imposition of the proper
amount of the fine on accomplices and
accessories or on the principals in frustrated
or attempted felonies.
COMPUTATION MAX: ¼ RULE
Suppose the fine is from P200 to P2,000. To
find each degree is to take 1/4 of P2,000 or
P500. The minimum of P200 is not changed.
For each degree, take P500 from the
maximum of the next higher degree.
Therefore, one degree lower would be P200
as minimum to PI,500 as maximum.
And two degrees lower would be P200 as
minimum to P1,000 as maximum.
MINIMUM – MUST NOT BE CHANGED. If the
law does not provide for a minimum, ART 75
is NOT APPLICABLE.
DISQUALIFIED FROM PROBATION: UPDATE
and fine without a minimum.
1. In both, the law fixes the maximum of the
fine.
2. When the law fixes the minimum of the
fine, the court cannot change that minimum;
whereas, when the law does not state the
minimum of the fine but only the maximum,
the court can impose any amount not
exceeding such maximum.
3. When the law fixes both the minimum and
the maximum, the court can impose an
amount higher than the maximum; whereas,
when only the maximum is fixed, it cannot
impose an amount higher than the maximum.
As to "fines that do not consist of a fixed
amount, but are made proportional."
BASIS of COMPUTATION: proportional
Ex. In the crime of direct bribery (Art. 210)
involving a bribe of P2,300, the maximum
fine is three times the value of the
gift) or P6,900. Compute for the degrees
using P6900 and the ¼ rule.
BQ: For how long may a convict be placed on
Amended by RA 10707 in 2015
PROBATION: 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.
APPLICATION:
1. After conviction
2. Upon application of convict within
the period for perfecting an appeal
3. Prior investigation by the probation
officer and a determination by the
court to grant or deny application
(convict may be released on bail or
recognizance)
4. If granted, suspension of the
execution of the sentence (EXCEPT
FOR CIVIL LIABILITY) and placing the
convict on probation
Three-fold 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.
ISLAW
Rationale in People v Francisco: This
requirement "outlaws the element of
speculation on the part of the accused—to
wager on the result of his appeal—that when
his conviction is finally affirmed on appeal,
the moment of truth well-nigh at hand, and
the service of his sentence inevitable, he now
applies for probation as an ‘escape hatch’
thus rendering nugatory the appellate court’s
affirmance of his conviction."
EXPN: Appeal from a non-probationable
penalty by the trial court but reduced by
appellate court to a probationable penalty.
Colinares v. People: The Probation Law never
intended to deny an accused his right to
probation through no fault of his.
GRANT OR DENIAL NOT APPEALABLE – in the
nature of an interlocutory order
WHEN APPEAL NOT A BAR TO PROBATION
When a judgment of conviction imposing a
non-probationable penalty is appealed or
reviewed, and such judgment is modified
through the imposition of a probationable
penalty, the defendant shall be allowed to
apply for probation based on the modified
decision before such decision becomes final.  within 72 hours from receipt of the order;
PROBATION
(a) those sentenced to serve a maximum probation?
term of imprisonment of more than six years; Imprisonment Probation
TN: In case of one decision imposing multiple Not more than 1 Not exceeding 2
prison terms, the totality of the prison terms year years
should not be taken into account for the More than 1 year Not exceeding 6
purposes of determining the eligibility of the years
accused for probation. The law uses the word Fine only and Not less than Twice
"maximum term", and not total term. It is subsidiary penalty the total number of
enough that each of the prison terms does imposed days of subsidiary
not exceed six years. (Francisco v CA) imprisonment
(b) those convicted of any crime against the
national security; EFFECTS OF VIOLATION
(c) those who were previously convicted by Upon the failure of the probationer to
final judgment of an offense punished by comply with any of the conditions prescribed
imprisonment of more than 6 months and 1 in the order, or upon his commission of
day and/ or a fine of not more than P1,000; another offense, he shall serve the penalty
TN: recidivist still qualified subject to (c) imposed for the offense under which he was
(d) those who have been once on probation placed on probation. ARREST for any SERIOUS
under the provisions of the Decree; and VIOLATION and a summary hearing for the
(e) those who are already serving sentence at violation charged.
the time the substantive provisions of the
Decree became applicable pursuant to BQ: FINAL DISCHARGE FROM PROBATION
Section 33 thereof. Not AUTOMATIC, there must first be issued
by the court an order of final discharge based
CONDITIONS OF PROBATION on the report and recommendation of the
(a) present himself to the probation officer probation officer. Only then can the case of
the probationer be terminated.
(b) report to the probation officer at least EFFECT IF NO DISCHARGE: Probation revoked
once a month at such time and place as
specified by said officer. The final discharge of the probationer shall
(c) special or discretionary conditions operate to restore to him all civil rights lost or
suspended 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.
Disqualified: Disqualified:
1) Persons convicted of offenses punished 1) sentenced to serve a maximum term
with death penalty or life imprisonment; of imprisonment of more than six (6)
2) Those convicted of treason, conspiracy or years;
proposal to commit treason; 2) convicted of any crime against the
3) Those convicted of misprision of treason, national security;
rebellion, sedition or espionage; 3) who have previously been convicted
4) Those convicted of piracy; by final judgment of an offense
5) Those who are habitual delinquents; punished by imprisonment of more
6) Those who shall have escaped from than six (6) months and one (1) day
confinement or evaded sentence; and/or a fine of more than one
7) Those who violated the terms of thousand pesos (P1,000.00);
conditional pardon granted to them by the 4) who have been once on probation
Chief Executive; under the provisions of this Decree;
8) Those whose maximum term of and
imprisonment does not exceed one year; 5) who are already serving sentence at
[STRAIGHT PENALTY of 1 YEAR] the time the substantive provisions
9) Those whose sentence imposes penalties of this Decree became applicable
which do not involve imprisonment, like pursuant to Section 33 hereof.”
destierro, confinement of CICL 6) Convicted of illegal sale of dangerous
drugs even if a minor
DENIED
(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.
Article 70. Successive service of sentence
Outline of the provisions of this Article:
1. When the culprit has to serve two or more
penalties, he shall serve them simultaneously
if the nature of the penalties will so permit.
2. Otherwise, the order of their respective
severity shall be followed.
3. THREE FOLD RULE
According to the three-fold rule, the
maximum duration of the convicts sentence
shall not be more than three times the length
of time corresponding to the most severe of
the penalties imposed upon him.
- The three-fold rule applies only when
the convict has to serve at least four
sentences.
- If the sum total of all the penalties
does not exceed the most severe
multiplied by 3, the three-fold rule
does not apply.
- All the penalties, even if by different
courts at different times, cannot
exceed three-fold the most severe
- No prisoner shall be required to
remain in prison continuously for
more than 40 years. The duration of
perpetual penalties is 30 years.
- Court must impose all the penalties
for all the crimes of which the
accused is found guilty, but in the
service of the same, they shall not
exceed three times the most severe
and shall not exceed 40 years.
Different systems of penalty.
There are three different systems of penalty
relative to the execution of two or more
penalties imposed on one and the same
accused. They are:
(1) The material accumulation system;
(2) The juridical accumulation system; and
(3) The absorption system (the lesser
penalties are absorbed by the graver
penalties).
The material accumulation system.
Previous legislation adopted the theory of
absolute accumulation of crimes and
penalties and established no limitation
whatever and, accordingly, all the penalties
for all the violations were imposed even if
they reached beyond the natural span of
human life. Pars. 1, 2 and 3 of Art. 70 follow
the material accumulation system.
The juridical accumulation system.
Pars. 4, 5 and 6 of Art. 70 are in accordance
with the juridical accumulation system. The
service of the several penalties imposed
on one and the same culprit is limited to not
more than three-fold the length of time
corresponding to the most severe and in no
case to exceed 40 years.
The absorption system.
The absorption system is observed in the
imposition of the penalty in complex crimes
(Art. 48), continuing crimes, and specific
crimes like robbery with homicide, etc.
Art. 71. Graduated scales.
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to
vote and be voted for, the right to follow a
profession or calling,
4. Public censure,
5. Fine.
Arts. 25, 70 and 71, compared:
Under Art. 25, penalties are classified into (1)
principal and (2) accessory penalties. The
principal penalties are subdivided into
capital, afflictive, correctional, and light.
Art. 70 classifies the penalties, for the
purpose of the successive service of
sentences, according to their severity.
Art. 71 provides for the scales which should
be observed in graduating the penalties by
degrees in accordance with Art. 61.
Note that in Art. 71, destierro is placed above
arresto menor. The reason for this is that
destierro, being classified as a correctional
penalty, is higher than arresto menor, a light
penalty. Art. 71, par. 2, speaks of "lower or
higher" penalty. Art. 70 speaks of "severity."
Under Art. 70, destierro is placed under
arresto menor, according to their respective
severity. Destierro is considered lighter than
arresto menor.
Under Art. 25, destierro is placed above
arresto menor, because it is classified as a
correctional penalty.
In Art. 71, the different principal penalties
provided for in Art. 25 are classified and
grouped into two graduated scales. Under
Scale No. 1, all personal penalties, such as
deprivation of life and liberty, are grouped
together. Under Scale No. 2 are grouped all
penalties consisting in deprivation of political
rights.
 DEATH PENALTY
ART 47. DEATH PENALTY Article 81. When and how the death penalty
In what crimes is death penalty imposed? is to be executed
In (1) treason, (2) piracy, (3) qualified piracy,
(4) qualified bribery, (5) parricide, (6) murder, Article 82. Notification and execution of the
(7) infanticide, (8) kidnapping and serious sentence and assistance to the culprit
illegal detention, (9) robbery with homicide,
(10) destructive arson, (11) rape with Article 83. Suspension of the execution of
homicide, (12) plunder, (13) certain violations the death sentence.
of the Dangerous Drugs Act, and (14)
carnapping. Article 84. Place of execution and persons
Death penalty is not imposed: who may witness the same
1. When the guilty person is below 18 years
of age at the time of the commission of the Article 85. Provisions relative to the corpse
crime. (if 18, death can be imposed since the of the person executed and its burial
offender is already of legal age)
2. When the guilty person is more than 70
years of age.(Art 83: commuted to reclusion
perpetua, with the accessory penalties
provided in Article 40, RFC)
3. REVIEW OF DEATH CASES - INTERMEDIATE
REVIEW BY CA (People v Mateo)
When is execution SUSPENDED?
1) When the person is convicted of a capital
crime but before execution becomes insane.
2) When the accused is a woman while she is
pregnant or within one year after delivery
(Art 83).
BQ: When is death not INFLICTED? Inflicted
understood as IMPOSED, not EXECUTED.

ART 74. When Penalty has to be increased

and the resulting penalty is death, it CANNOT
BE IMPOSED. Death cannot be the penalty
next higher in degree when not provided by
law. In such cases, the given penalty and the
accessory penalties of death when not
executed by reason of commutation or
pardon (Art. 40) shall be imposed.
EXECUTION AND SERVICE OF PENALTIES
ART 78: HOW A PENALTY IS EXECUTED:
1. MUST BE executed by virtue of a final
judgment.
2. EXECUTED in the FORM prescribed by
law, with the circumstances or
incidents expressly authorized
thereby.
3. LAWS and SPECIAL REGULATIONS
prescribed for the government of the
institutions in which the penalties are
to be suffered shall be observed (EX.
character of the work to be
performed, the time of its
performance, and other incidents
connected therewith, the relations of
the convicts among themselves and
other persons, the relief which they
may receive, and their diet)
4. The regulations shall make provision
for the SEPARATION OF THE SEXES in
different institutions, or at least into
different departments and also for
the correction and reform of the
convicts.
SUSPENSION OF SENTENCE
BQ: Instances when sentence is suspended –
1. Suspension of sentence of minor
under P.D. 603 as amended by R.A.
9344.
2. Suspension of sentence of minor
above 15 but below 18 years of age
at the time of trial under R.A. 9344.
3. Suspension of sentence of minor
above 15 but below 18 years of age
at the commission of the offense,
while acting with discernment.
4. Suspension of sentence by reason of
insanity (Art. 79, Revised Penal
Code).
5. Suspension of sentence for first
offense of a minor violating RA 9165.
(Sec. 32)
6. Suspension of sentence under the
probation law. (P.D. 968)
7. Suspension of death sentence of a
pregnant woman. (Art. 83, Revised
Penal Code)
ART 79. SUSPENSION OF EXECUTION AND
SERVICE OF SENTENCE IN INSANITY
Rules regarding execution and service of
penalties in case of insanity.
1. When a convict becomes insane or
imbecile after final sentence has been
pronounced, the execution of said sentence
is suspended only as regards the personal
penalty (civil liability may be executed).
2. If he recovers his reason, his sentence shall
be executed, unless the penalty has
prescribed.
3. Even if while serving his sentence, the
convict becomes insane or imbecile, the
above provisions shall be observed.
4. But the payment of his civil or pecuniary
liabilities shall not be suspended
EXECUTION OF PENALTIES
Article 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision
correccional and  arresto mayor. - Executed
and served in the places and penal
establishments provided by the
Administrative Code in force or which may be
provided by law in the future.
Article 87. Destierro. - Any person sentenced
to destierro shall not be permitted to enter
the place or places designated in the
sentence, nor within the radius therein
specified, which shall be not more than 250
and not less than 25 kilometers from the
place designated.
Destierro is imposed:
1. When death or serious physical injuries is
caused or are inflicted under exceptional
circumstances. (Art. 247)
2. When a person fails to give bond for good
behavior. (Art. 284)
3. As a penalty for the concubine in the crime
of concubinage. (Art. 334)
4. When after lowering the penalty by
degrees, destierro is the proper penalty.
Entering the prohibition area is evasion of
the service of the sentence.
Article 88. Arresto menor. – When the court
provides considering the health of the
accused, arresto menor may be served:
1. in the municipal jail, or
2. in the house of the defendant himself
under the surveillance of an officer of
the law
ART 89 EXTINCTION OF CRIMINAL LIABILITY ART 36. PARDON PRESCRIPTION Art 90. PRESCRIPTION OF CRIMES
1. By the death of the convict, as to the Effects of pardon by the President. Prescription oF the crime is the forfeiture or Death 20 years
personal penalties and as to 1. A pardon shall not restore the right to hold loss of the right of the State to prosecute the Reclusion perpetua
pecuniary penalties, liability therefor public office or the right of suffrage. offender after the lapse of a certain time. Reclusion temporal
is extinguished only when the death Exception: When any or both such rights is or Prescription of the penalty is the loss or Other afflictive penalties 15 years
of the offender occurs before final are expressly restored by the terms of the forfeiture of the right of the Government to - PM
judgment. pardon. execute the final sentence after the lapse of a Correctional penalties 10 years
2. By service of the sentence; 2. It shall not exempt the culprit from the certain time. Punished by arresto 5 years
3. By amnesty, which completely payment of the civil indemnity. The pardon Two conditions necessary in prescription of mayor
extinguishes the penalty and all its cannot make an exception to this rule. penalty. Libel and similar offenses 1 year
effects; Limitations upon the exercise of the (a) That there be final judgment. Oral defamation 6 month
4. By absolute pardon; pardoning power: (b) That the period of time prescribed by law Slander by deed
5. By prescription of the crime; 1. That the power can be exercised only after for its enforcement has elapsed. Compound crimes Based on
6. By prescription of the penalty; conviction; ART 92 graver offense.
7. By the marriage of the offended 2. That such power does not extend to cases Death 20 years
woman, as provided in Article 344 of of impeachment. Reclusion perpetua
this Code. Other afflictive penalties - 15 years
GR: Pardon does not include accessory PM
Death penalty Correctional penalties 10 years
General rule — Death of the accused pending EXPN: When an absolute pardon is granted Arresto mayor 5 years
appeal extinguishes his criminal liability and after the term of imprisonment has expired, Light penalties 1 year
civil liability based solely it removes all that is left of the Offenses punished by special laws
on the offense committed. consequences of conviction. (Cristobal vs. GR: As provided in the special law.
Exception — The claim for civil liability Labrador) DEFAULT: ACT 3326 shall apply.
survives if also predicated on a source of By fine only OR 1 year
obligation other than delict, such as law, BQ: Distinguish Pardon v Amnesty By imprisonment of not more
contracts, quasi-contracts and quasidelicts. Individuals Classes of persons than 1 month OR
After conviction Any time Both
AMNESTY President only President with By imprisonment of more than 1 4 years
Amnesty - It is an act of the sovereign power concurrence of month but less than 2 years
granting oblivion or a general pardon for a By imprisonment of more than 2 8 years
Congress
years but less than 6 years
past offense, and is rarely, if ever, exercised Relieves penalty Erases crime By imprisonment of more than 6 12 years
in favor of a single individual, and is usually Accessory penalties Erases principal and years except treason which
exerted in behalf of certain classes of not included unless accessory penalty prescribes in 20 years
persons, who are subject to trial but have not expressly remitted BIR laws 5 years
yet been convicted. Municipal ordinances 2 months
COMPUTATION OF PRESCRIPTION
Prescription of Crime – Article 91
Rules - Prescription of crimes run on the day
of:
1st. Commission of the offense if the
offended party had actual or
constructive notice thereof
2nd. If the crime is concealed, on the day
of its discovery. (crime is NOT
concealed if a dead body is known to
the authorities)
Runs:
 From the day on which the crime is
discovered by the offended party, the
authorities, or their agents. It shall not
run when the offender is absent from
the Philippine Archipelago.
Interrupted by:
 The filing of the complaint or
information,
Runs again when:
 Such proceedings terminate without
the accused being convicted or
acquitted, or are unjustifiably stopped
for any reason not imputable to him.
Prescription of Penalty – Article 93
Runs:
 From the date when the culprit should
evade the service of his sentence
Interrupted:
 If the defendant should give himself
up,
 be captured,
 should go to some foreign country
with which this Government has no
extradition treaty, or
 should commit another crime before
the expiration of the period of
prescription.
 A conditional pardon (People v.
Pontillas, 65 Phil 659)
Period of prescription of continuing crime never CRIMES WITH SPECIAL RUNNING PERIODS
runs. BQ: FALSE TESTIMONY AGAINST DEFENDANT
(not applicable if in favor) – runs from the date
Interruption of period of prescription of finality of the principal case. Prescribes in 5
GR: It is interrupted by the filing of the complaint years. (People v Maneja)
for the purposes of an investigation with the fiscal
EXPN: Violations of municipal ordinances which BQ: Grave slander charge filed after 4 months
prescribe in two months are only interrupted by from commission of crime. Convicted of simple
the filing of the complaint in court as held in slander which prescribes in 2 months. HELD:
Zaldivia v. Reyes because Act 3326 provides that Crime prescribed. No conviction for lesser offense
the running of the prescriptive period is included in the offense charged when the lesser
interrupted by judicial proceedings. offense has already prescribed. (Magat v People)
When it runs again – Prescription runs again election offenses —
when the proceedings terminate without the (1) if discovery of offense is incidental to judicial
accused being acquitted or convicted or it is proceedings, prescription begins when such
unjustifiably stopped for any reason not proceeding terminates; otherwise,
imputable to the accused. It does not run again (2) from date of commission of offense.
after the prosecutor recommends the filing of the
information up until the complaint is actually filed
in the court (Arambulo v. Lagui). There must be a
trial on the merits which ends with either
acquittal or conviction or a dismissal not
attributable to the accused like a dismissal due to
lack of jurisdiction.
The filing of the complaint with the Municipal
Court, even if it be merely for purposes of
preliminary examination or investigation, should,
and does, interrupt the period of prescription of
the criminal responsibility, even if the court where
the complaint or information is filed cannot try
the case on the merits. (People v. Olarte).
CIVIL LIABILITY
Article 100. Civil liability of a person guilty of
felony. - Every person criminally liable for a
felony is also civilly liable.
BQ: Indemnity in rape cases. Per conviction,
not per victim. (People v Jalosjos)
Article 101. Rules regarding civil liability in
certain cases.
Effect of acquittal
GR: Extinguishes civil liability
BQ: EXPNS:
1) When the civil action is based on
obligations not arising from the act
complained of as a felony;
2) When acquittal is based on reasonable
doubt or acquittal is on the ground that guilt
has not been proven beyond reasonable
doubt (Art. 29, New Civil Code);
3) Acquittal due to an exempting
circumstance, like Insanity;
4) Where the court states in its Judgment
that the case merely involves a civil
obligation;
5) Where there was a proper reservation for
the filing of a separate civil action;
6) In cases of independent civil actions
provided for in Arts. 31, 32, 33 and 34 of the
New Civil Code;
7) When the judgment of acquittal includes a
declaration that the fact from which the civil
liability might arise did not exist (Sapiera vs.
CA, 314 SCRA 370);
8) Where the civil liability is not derived or
based on the criminal act of which the
accused is acquitted (Sapiera vs. CA. 314
SCRA 370).
 NFPPDPP - PPPCCHQ CRIMES
1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 10 NAT SEC 4 LAW OF NATIONS 6
2. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE 10
3. CRIMES AGAINST PUBLIC ORDER 25
4. CRIMES AGAINST PUBLIC INTEREST 28
5. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
6. CRIMES AGAINST PUBLIC MORALS 3
7. CRIMES COMITTED BY A PUBLIC OFFICER 36
8. CRIMES AGAINST PERSONS 20
9. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
10. CRIMES AGAINST PROPERTY
11. CRIMES AGAINST CHASTITY
12. CRIMES AGAISNT THE CIVIL STATUS OF PERSONS
13. CRIMES AGAINST HONOR
14. QUASI-OFFENSES
 1. CRIMES AGAINST NATIONAL 3.
SECURITY AND THE LAW OF 1.
NATIONS 2.
a. Crimes against national security. 3.
1.Treason. (Art. 114)
2.Conspiracy and proposal to commit 4.
treason. (Art. 115)
3.Misprision of treason. (Art. 116) 5.
4.Espionage. (Art. 117) 6.
b. Crimes against the law of nations. 7.
1.Inciting to war or giving motives for 8.
reprisals. (Art. 118) 9.
2.Violation of neutrality. (Art. 119)
3.Correspondence with hostile 10.
country. (Art. 120)
4.Flight to enemy's country. (Art. 11.
121) 12.
5.Piracy in general and mutiny on the 13.
high seas or in Philippine waters. 14.
(Art. 122) 15.
6.Qualified Piracy (Art 123) 16.
2. CRIMES AGAINST THE
FUNDAMENTAL LAW OF THE STATE 17.
1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained persons
to the proper judicial authorities. (Art.
125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile. (Art. 128)
6. Search warrants maliciously obtained
and abuse in the service of those legally
obtained. (Art. 129)
7. Searching domicile without witnesses.
(Art. 130)
8. Prohibition, interruption, and dissolution
of peaceful meetings. (Art. 131)
9. Interruption of religious worship. (Art.
132)
10. Offending the religious feelings. (Art.
133)
CRIMES AGAINST PUBLIC ORDER
Rebellion or insurrection. (Art. 134)
Coup d'etat. (Art. 134-A)
Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection. (Art. 136)
Disloyalty of public officers or employees.
(Art. 137)
Inciting to rebellion. (Art. 138)
Sedition. (Art. 139)
Conspiracy to commit sedition. (Art. 141)
Inciting to sedition. (Art. 142)
Acts tending to prevent the meeting of
Congress and similar bodies. (Art. 143)
Disturbance of proceedings of Congress or 6. Forging treasury or bank notes or other
similar bodies. (Art. 144)
Violation parliamentary immunity Art 145
Illegal assemblies. (Art. 146)
Illegal associations. (Art. 147)
Direct assaults. (Art. 148)
Indirect assaults. (Art. 149)
Disobedience to summons by Congress, by 8. Illegal possession and use of forged
the constitutional commissions Art 150
Resistance & disobedience to a person in
authority or their agents Art. 151
18. Tumults and other disturbances of public
order. (Art. 153)
19. Unlawful use of means of publication and
unlawful utterances (Art 154)
20. Alarms and Scandals (Art 155)
21. Delivery of prisoners from jail (Art 156)
22. Evasion of Service of Sentence (Art 157)
23. Evasion of service of sentence on the
occasion of disorder, conflagrations,
earthquakes, or other calamities (Art 158)
24. Other cases of evasion of service of
sentence (Art 159)
25. Commission of another crime during service of
penalty imposed for another previous offense.
(Art. 160)
4. CRIMES AGAINST PUBLIC INTEREST
1. Counterfeiting the great seal of the
Government of the Philippines, forging
the signature or stamp of the Chief
Executive. (Art. 161)
2. Using forged signature or counterfeit seal
or stamp. (Art. 162)
3. Making and importing and uttering false
coins. (Art. 163)
4. Mutilation of coins, importation and
uttering of mutilated coins. (Art. 164)
5. Selling of false or mutilated coins,
without connivance. (Art. 165)
documents payable to bearer, importing,
and uttering of such false or forged notes
and documents. (Art. 166)
7. Counterfeiting, importing and uttering
instruments not payable to bearer. (Art.
167)
treasury or bank notes and other
instruments of credit. (Art. 168)
9. Falsification of legislative documents.
(Art. 170)
10. Falsification by public officer, employee
or notary Art 171
11. Falsification by private individuals and
use of falsified documents. (Art. 172)
12. Falsification of wireless, cable, telegraph
and telephone messages and use of said
falsified messages. (Art. 173)
13. False medical certificates, false
certificates of merit or service. (Art. 174)
14. Using false certificates. (Art. 175)
15. Manufacturing and possession of
instruments or implements for
falsification. (Art. 176)
16. Usurpation of authority or official
functions. (Art. 177)
17. Using fictitious name and concealing
true name (Art. 178)
18. Illegal use of uniform or insignia. (Art.
179)
19. False testimony against a defendant.
(Art. 180)
20. False testimony favorable to the
defendant. (Art. 181)
21. False testimony in civil cases. (Art. 182)
22. False testimony in other cases and
perjury. (Art. 183)
23. Offering false testimony in evidence.
(Art. 184)
24. Machinations in public auction. (Art.
185)
25. Monopolies & combinations in restraint
of trade Art 186
26. Importation and disposition of falsely
marked articles or merchandise made of
gold, silver, or other precious metals or
their alloys. (Art. 187)
27. Substituting and altering trademarks and
trade names or service marks. (Art. 188)
28. Unfair competition and fraudulent
registration of trade mark or trade
name, or service mark; fraudulent
designation of origin, and false
description. (Art. 189)
5. CRIMES AGAINST PUBLIC MORALS
1. Grave scandal. (Art. 200)
2. Immoral doctrines, obscene
publications and exhibitions. (Art.
201)
3. Vagrancy and prostitution. (Art. 202)
6. CRIMES COMITTED BY A PUBLIC
OFFICER
a. MALFEASANCE AND MISFEASANCE IN
OFFICE
1.Knowingly rendering unjust judgment.
(Art. 204)
2.Rendering judgment through
negligence. (Art. 205)
3.Rendering unjust interlocutory order.
(Art. 206)
4.Malicious delay in the administration of
justice. (Art. 207)
5.Dereliction of duty in prosecution of
offenses. (Art. 208)
6.Betrayal of trust by an attorney or
solicitor — revelation of secrets. (Art.
209)
7.Direct bribery. (Art. 210)
8.Indirect bribery. (Art. 211)
9.Qualified Bribery (Art. 211-A)
b. Corruption of Public Officials (Art. 212) f. OTHER OFFENSES OR IRREGULARITIES 1.
c. FRAUDS AND ILLEGAL EXACTIONS AND BY PUBLIC OFFICERS 1.
TRANSACTIONS 22. Open disobedience (Art 231) 2.
10. Fraud against the treasury and 23. Disobedience to order of superior 3.
similar of offenses (Art. 213) officer, when said order was 4.
11. Other frauds (Art 214) suspended by inferior officer (Art
12. Prohibited Transactions (Art. 215) 232) 5.
13. Possession of Prohibited Interest 24. Refusal of assistance (Art 233)
by a Public Officer (Art 216) 25. Refusal to discharge elective office 6.
d. MALVERSATION OF PUBLIC FUNDS OR (Art 234) 7.
PROPERTY 26. Maltreatment of prisoners (Art 235) 8.
14. Malversation by appropriating, 27. Anticipation of duties of a public 9.
misappropriating or permitting any office (Art 236) 10.
other person to take public funds or 28. Prolonging performance of duties 11.
property. (Art. 217) and powers (Art 237)
15. Failure of accountable officer to 29. Abandonment of office or position 12.
render accounts. (Art. 218) (Art 238)
16. Failure of a responsible public 30. Usurpation of legislative powers (Art
officer to render accounts before 239) 13.
leaving the country. (Art. 219) 31. Usurpation of executive functions 14.
17. Illegal use of public funds or (Art 240) 15.
property. (Art. 220) 32. Usurpation of judicial functions (Art 16.
18. Failure to make delivery of public 241) 17.
funds or property. (Art. 221) 33. Disobeying request for
e. INFIDELITY OF PUBLIC OFFICERS disqualification (Art 242) 18.
19.Infidelity in the custody of 34. Orders or requests by executive
prisoners. (Arts. 223 and 224) officers to any judicial authority (Art 19.
20.Infidelity in the custody of 243)
documents. (Arts. 226 to 228) 35. Unlawful appointments (Art 244) 20.
21.Revelation of secrets. (Arts. 229 and 36. Abuses against chastity (Art 245)
230)
CRIMES AGAINST PERSONS
Parricide. (Art. 246)
Murder. (Art. 248)
Homicide. (Art. 249)
Death caused in a tumultuous affray.
(Art. 251)
Physical injuries inflicted in a
tumultuous affray. (Art. 252)
Giving assistance to suicide. (Art. 253)
Discharge of firearms. (Art. 254)
Infanticide. (Art. 255)
Intentional abortion. (Art. 256)
Unintentional abortion. (Art. 257)
Abortion practiced by the woman
herself or by her parents. (Art. 258)
Abortion practiced by a physician or
midwife and dispensing of abortives.
(Art. 259)
Duel. (Art. 260)
Challenging to a duel. (Art. 261)
Mutilation. (Art. 262)
Serious physical injuries. (Art. 263)
Administering injurious substances or
beverages. (Art. 264)
Less serious physical injuries. (Art.
265)
Slight physical injuries and
maltreatment. (Art. 266)
Rape. (Art. 266-A)

ART. 114 TREASON
1. That the offender owes allegiance to
the Government of the Philippines; (a
Filipino citizen or Resident alien)
2. There is a war in which the
Philippines is involved
3. The offender, whether in the
Philippines or elsewhere, either
(modes of committing):
a. Levies war against the
government
i. That there be an actual
assembling of men,
ii. For the purpose of
executing a treasonable
design by force.
b. Adheres to the enemies,
giving them aid or comfort
(must concur)
4. The purpose is to deliver the country
to the foreign enemy (x = Rebellion)
Proved by:
1. Testimony of two witnesses, at least, to
the same overt act (except for adherence)
2. Confession of the accused in open court.
Cannot be complexed. But separate crimes
may be charged if unrelated to treason.
Continuing crime.
Aggravating: Cruelty, Ignominy
Absorbed: Evident premeditation, superior
strength, treachery
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY
SECTION ONE: CONSPIRACY AND TREASON
ART 115. CONSPIRACY & PROPOSAL ART 116. MISPRISION OF TREASON
TO COMMIT TREASON 1. That the offender is a citizen of the
1.Conspiracy to commit treason – Philippines, not a foreigner;
committed when in time of war, two or 2. That he has knowledge of any
more persons come to an agreement to conspiracy against the Government;
levy war against the Government or to 3. That the conspiracy is one to commit
adhere to the enemies and to give them treason (treason not yet executed);
aid or comfort, and decide to commit it 4. That he conceals or does not disclose
(Arts. 8 and 114) and make known the same as soon as
2.Proposal to commit treason - committed possible to the governor or fiscal of
when in time of war a person has decided the province or the mayor or fiscal of
to levy war against the Government or to the city in which he resides.
adhere to the enemies and to give them
aid or comfort, proposes its execution to Offender is punished as an accessory to
some other person or persons (Arts. 8 treason but is a principal in the crime of
and 114) misprision of treason.
Article 20 exempting relatives from liability as
accessory NOT APPLICABLE.
Exception to Article 19 that a person who
keeps silent as to what he knows about the
perpetration of an offense is not criminally
liable, either as a principal, or as an
accomplice, or as an accessory
ART 117. ESPIONAGE
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines
(a) That the offender (an outsider) enters
any of the places mentioned therein; (if
insider=para 2)
(b) That he has no authority therefor;
(c) That his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines.
2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.
(a) That the offender is a public officer;
(b) That he has in his possession (custodian)
the articles, data or information referred to
in paragraph No. 1 of Art. 117 (related to
defense, OW = infidelity in custody of public
records or Sec 3 (k), RA 3019), by reason of
the public office he holds;
(c) That he discloses their contents to a
representative of a foreign nation.
SPL – CA 616
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
ART. 118 INCITING TO WAR
OR GIVING MOTIVES FOR
REPRISALS
1. That the offender
performs unlawful or
unauthorized acts;
(intent immaterial)
2. That it is performed in
time of peace
3. That such acts provoke
or give occasion for:
a. A war involving or
liable to involve the either:
Philippines; or
b. Expose Filipino
citizens to reprisals
on their persons and
property.
ART. 119 VIOLATION OF
NEUTRALITY
1. That there is a war in
which the Philippines is not
involved;
2. A regulation issued by a
competent authority for the
purpose of enforcing
neutrality;
3. That the offender violates to aid the enemy.
such regulation.
ART 120. CORRESPONDENCE ART 121. FLIGHT TO
WITH HOSTILE
COUNTRY
1. That it is made in time of which the Philippines is
war in which the
Philippines is involved;
2. That the offender makes
correspondence with the: resident alien);
a. Enemy country or
b. Territory occupied by
the enemy troops;
3. That the correspondence is country is prohibited by the
a. Prohibited by the
Government; or
b. Carried on in ciphers or
conventional signs; or
c. If notice or information
be given enemy.
NOTE: (b and c need not be
prohibited)
The following must concur
to qualify the offense:
1. That the notice or
information might be useful
to the enemy;
2. That the offender intended
ENEMY’S COUNTRY
1. That there is a war in
involved;
2. Offender owes allegiance
to the Government (citizen or
3. Offender attempts to flee
or go to the enemy country;
4. That going to the enemy
competent authority.
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS
ARTICLE 122. PIRACY IN GENERAL AND MUTINY Aggravating in Piracy: Cruelty, Abuse of
ON THE HIGH SEAS superior strength, ignominy
Two ways or modes of committing piracy: Crime of Terrorism: A person who
1. By attacking or seizing a vessel on the high seas commits an act punishable under PD 532
or in Philippine waters; thereby sowing and creating a condition
2. By seizing in the vessel while on the high seas of widespread and extraordinary fear
or in Philippine waters the whole or part of its and panic among the populace, in order
cargo, its equipment or personal belongings of its to coerce the government to give in to
complement or passengers. an unlawful demand
Elements of piracy:
1. That a vessel is on the high seas or on RA 6235 ANTI-HIJACKING LAW
Philippine waters; Domestic
2. That the offenders:
a. who may be ANY PERSON attack or seize the Foreign Aircraft
vessel; (if member, mutiny) It shall be unlawful for any person to
b. who are NOT members of its complement or compel a change in the course or
passengers of the vessel seize the whole or part destination of an aircraft of Philippine
of the cargo of said vessel, its equipment or registry, or to seize or usurp the control
personal belongings of its complement or thereof, while it is in flight (Section I,
passengers. (there must be force employed, Rep. Act no. 6235).
otherwise THEFT)
Piracy under PD 532: Punishes piracy committed
in Philippine waters only.
Offenders: any person (passenger, crew or
stranger)
MUTINY: It is the unlawful resistance to a
superior officer, or the raising of commotions
and disturbances on board a ship against the
authority of its commander.
ISLAW not applied
ARTICLE 123 QUALIFIED PIRACY
1. Whenever the offenders have seized the vessel
by boarding or firing upon the
same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves; (not
mutineers)
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape.

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAINST RELIGIOUS WORSHIP
Right to Liberty:
1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained
persons to the proper judicial
authorities. (Art. 125)
3. Delaying release. (Art. 126)
Freedom of abode
1. Expulsion. (Art. 127)
Right to security, privacy, inviolability
1. Violation of domicile. (Art. 128)
2. Search warrants maliciously obtained
and abuse in the service of those legally compulsory confinement of the patient in a
obtained. (Art. 129)
3. Searching domicile without witnesses.
(Art. 130)
Right to peaceably assemble and petition
1. Prohibition, interruption, and
dissolution of peaceful meetings. (Art.
131)
Freedom of religion
1. Interruption of religious worship. (Art.
132)
2. Offending the religious feelings. (Art.
133)
TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,
ARTICLE 124. ARBITRARY DETENTION
1. That the offender is a public officer or
employee; (vested with authority to detain
or order detention of accused persons)
(x=illegal detention, unless there is
conspiracy)
2. That he detains a person;
3. That the detention is without legal
ground. (invalid warrantless arrests)
Legal grounds for the detention of persons:
1. The commission of a crime;
2. Violent insanity or other ailment requiring
hospital
Can be committed through imprudence
ARTICLE 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
1. That the offender is a public officer or
employee; (x=illegal detention)
2. That he has detained a person for some
legal ground; (valid warrantless arrest)
3. That he fails to deliver such person to the
proper judicial authorities within:
 12 hrs. for light penalties
 18 hrs. for correctional penalties
 36 hrs. for afflictive penalties
Applies only to warrantless arrests
Not applicable to to suspected terrorists,
may be detained for 3 days without charge
but arrest must result from the surveillance
under Sec. 7 and examination of bank
deposits under Sec. 27 of RA 9372 with prior the prisoner;
notice to the judge. Beyond 3 days requires
written approval of CHR official or judge
obtained within 5 days from detention.
Soriano v Desierto – exclude non-office days release of such person.
like Sunday, holidays, election day
ARTICLE 126. DELAYING RELEASE
1. By delaying the performance of a judicial or
executive order for the release of a prisoner;
2. By unduly delaying the service of the notice
of such order to said prisoner;
3. By unduly delaying the proceedings upon
any petition for the liberation of such person.
Elements:
1. That the offender is a public officer or
employee; (warden, jailer)
2. That there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding upon a
petition for the liberation of such person;
3. That the offender without good reason
delays either:
a. The service of the notice of such order to
b. The performance of such judicial or
executive order for the release of the
prisoner; or
c. The proceedings upon a petition for the
ARTICLE 127. EXPULSION
1. By expelling a person from
the Philippines;
2. By compelling a person to
change his residence.
Elements:
1. That the offender is a
public officer or employee;
2. That he expels any person
from the Philippines, or
compels a person to change
his residence;
3. That the offender is not
authorized to do so by law.
Exception: (no expulsion) in
cases of ejectment,
expropriation or when the
penalty of destierro is
imposed.
ARTICLE 128 VIOLATION OF
DOMICILE
1. By entering any dwelling
against the will of the owner
thereof; (entrance must be
opposed not just without
consent, if not, not liable)
2. By searching papers or
other effects found therein
(not outside dwelling) without
the previous consent of such
owner; (x=grave coercion if
with violence or intimidation
OR unjust vexation if none)
3. By refusing to leave the
premises, after having
surreptitiously entered said
dwelling and after having
been required to leave the
same.
Common elements:
1. That the offender is public
officer or employee;
(x=trespass to dwelling)
2. That he is not authorized by
judicial order to enter the
dwelling and/ or to make a
search for papers and for
other effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not
constituting evidence of a
crime are not returned
immediately
BQ: Violation of domicile v.
trespass to dwelling
ARTICLE 129. SEARCH
WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN
THE SERVICE OF THOSE
LEGALLY OBTAINED
1. Procuring a search warrant
without just cause
Elements:
a. That the offender is a
public officer or employee;
b. That he procures a
search warrant;
c. That there is no just
cause. (liable for separate
crime of perjury if affidavit
supporting the warrant is
falsified)
2. Exceeding his authority or
by using unnecessary severity
in executing a search warrant
legally procured
Elements:
a. That the offender is a
public officer or employee;
b. That he has legally
procured a search warrant;
c. That he exceeds his
authority or uses unnecessary
severity in executing the
same.
NOTE exceptions to valid
search even without warrant
SILA
Plain view
ARTICLE 130 SEARCHING
DOMICILE WITHOUT
WITNESSES
1. That the offender is a
public officer or employee;
2. That he searches the
domicile, papers or other
belongings of any person;
3. That he is armed with a
warrant;
4. That the owner or any
member of his family or two
witnesses residing in the
same locality are not present.
Does not apply to searches
of vehicles or other means of
transportation, because the
searches are not made in the
dwelling
ARTICLE 131 PROHIBITION,
INTERRUPTION, DISSOLUTION
OF PEACEFUL MEETINGS
1. Prohibiting, interrupting or
dissolving without legal
ground the holding of a
peaceful meeting;
2. Hindering any person from
joining any lawful association
or from attending any of its
meetings;
3. Prohibiting or hindering any
person from addressing, either
alone or together with others,
any petition to the authorities
for the correction of abuses or
redress of grievances.
Common elements:
1. That the offender is a public
officer; (x=Disturbance of
Public Order under Art 153)
2. The offender is a
STRANGER, not a participant
of the meeting (x=unjust
vexation)
3. The meeting is not
legislative or religious
meeting; (if legislative=Art 143
or 144; if religious=132)
3. That he performs any of the
acts mentioned above
Art 153, (2) Interrupting or
disturbing public
performances, functions or
gatherings, or peaceful
meetings, if the act is not
included in Arts. 131-
132;
ARTICLE 132. INTERRUP-
TION OF RELIGIOUS
WORSHIP
1. That the offender is a
public officer or
employee; (x=Art 153)
2. The offender is a
STRANGER, not a
participant of the meeting
(x= Art 153)
3. That religious
ceremonies or
manifestations of any
religion are about to take
place or are going on;
4. That the offender
prevents or disturbs the
same
Qualified by violence or
threats
Public biblereading = 131
Private biblereading = 132
ARTICLE 133. OFFENDING
RELIGIOUS FEELINGS
1. That the acts
complained of
were performed:
a. In a place devoted to
religious worship (not
necessary that there is a
religious worship); or
b. During the celebration
of any religious ceremony;
(outside church)
2. That the acts must be
notoriously offensive to
the feelings of the faithful.
(x= unjust vexation)

ARTICLE 134. REBELLION/ INSURRECTION
1. That there be:
a. Public uprising (x=direct assault); and
b. Taking up of arms against the
government.
2. For the purpose of:
a. Removing from the allegiance to said
Government or its laws:
i. The territory of the Philippines, or any
part thereof; or
ii. Any body of land, naval or other
armed forces; or
b. Depriving the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives. (Judiciary = sedition) (if a
congressman/senator merely prevented from
attending and no public uprising = Art 143,
preventing meeting)
Insurrection: a movement which seeks
merely to effect some change of minor
importance, or to prevent the exercise of
governmental authority with respect to
particular matters or subjects.
Not complexed with common crimes BUT
considering that Art. 135 of the Revised
Penal Code has already been amended by
Rep. Act No. 6968, deleting from said Article,
common crimes which used to be punished
as part and parcel of the crime of rebellion,
hence arguable.
Whether the killing is done in furtherance of
rebellion or on occasion of rebellion,
common crimes are absorbed. (Enrile vs
Salazar, 186 SCRA 217)
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
ARTICLE 134-A. COUP D’ETAT
1. That the offender is a person or persons
belonging to military or police or holding any
public office or employment; (singly or
simultaneously)
2. That it is committed by means of a swift
attack, accompanied by violence,
intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly
constituted authorities of the Republic
of the Philippines or any military camp, or
installation, or communication networks,
public utilities or other facilities needed for
the exercise and continued possession of
power;
4. That the purpose of the attack is to seize
or diminish state power. Destabilize,
paralyze
BQ: Coup d’etat can be complexed with
rebellion and sedition if there was
conspiracy
BQ: Discuss if there is frustrated coup d’etat
BQ: Use of firearm during a coup ABSORBED
under RA 8294.
BQ: Distinguish rebellion and coup d’etat
ARTICLE 139. SEDITION
1. That the offenders rise:
a. Publicly (x=direct assault); and
b. Tumultuously; (4 armed persons)
2. That they employ force, intimidation, or
other means outside of legal methods;
3. That the offenders employ any of those
means to attain any of the ff. objects:
1. To prevent the promulgation or
execution of any law or the holding
of any popular election;
2. To prevent the government or any
public officer from freely exercising
its or his functions, or prevent the
execution of any Administrative
Order;
3. To inflict any act of hate or revenge
upon the person (no public uprising
= direct assault) or property (no
public uprising = malicious mischief)
of any public officer or employee;
4. To commit, for any political or social
end, any act of hate or revenge
against private persons or any social
class;
5. To despoil (take away), for any
political or social end, any person or
the government of all its property or
any part thereof.
Sedition: Raising of commotions or
disturbances in the State. The ultimate
object is a violation of the public peace, not
to overthrow government, not to deliver the
country to the enemy
Common crimes charged separately
ARTICLE 135. PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT
The leaders —
i) Any person who (a) promotes, (b)
maintains, or (c) heads a rebellion or
insurrection; or
ii) Any person who (a) leads, (b) directs, or (c)
commands others to undertake a coup
d'etat.
The participants —
i) Any person who (a) participates, or (b)
executes the commands of others in
rebellion, or insurrection;
ii) Any person in the government service who
(a) participates, or (b) executes directions or
commands of others in undertaking a coup
d'etat;
iii) Any person not in the government service
who (a) participates, (b) supports, (c)
finances, (d) abets, or (e) aids in undertaking
a coup d'etat.
ARTICLE 140. PENALTY FOR SEDITION
Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 136. CONSPIRACY & PROPOSAL TO
COMMIT REBELLION, INSURRECTION
OR COUP D’ ETAT
1. Conspiracy to commit rebellion – when
two or more persons come to an agreement
to rise publicly and take arms against the
Government for any of the purposes of
rebellion and decide to commit it
2. Proposal to commit rebellion – when the
person who has decided to rise publicly and
take arms against the Government for
any of the purposes of rebellion proposes its
execution to some other person or persons
BQ: Conspirator confessed to priest regarding
conspiracy. Priest not liable. Conspiracy to
commit rebellion results in criminal liability to
the co-conspirators, but not to a person who
learned of such and did not report to the
proper authorities (US vs. Ver-gara, 3 Phil.
432; People vs. Atienza. 56 Phil. 353).
ARTICLE 137 DISLOYALTY OF PUBLIC
OFFICERS/ EMPLOYEES
Acts Punished
1. Failing to resist a rebellion by all means in
their power;
2. Continuing to discharge the duties of their
office under the control of the rebels;
3. Accepting appointment to office under the
rebels.
ARTICLE 138. INCITING TO REBELLION/
INSURRECTION
1. That the offender does not take up arms or
is not in open hostility against the
Government;
2. That he incites others to rise publicly and
take up arms against the Government for any
of the purposes of rebellion;
3. That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations (SPWEBO)
tending to the same end (if secret
means=proposal only)
4. Person incited DOES NOT commit rebellion
(if committed=rebellion, principal by
inducement)
ARTICLE 141. CONSPIRACY TO COMMIT
SEDITION
There must be an agreement:
1. To attain an object of sedition AND
2. To rise publicly and tumultuously
(x=conspiracy to commit direct assault
which is NOT a felony)
Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition.
ARTICLE 142. INCITING TO SEDITION 2 RULES RELATIVE TO SEDITIOUS WORDS:
Elements:
1. That the offender does not take direct part 1. CLEAR AND PRESENT DANGER RULE
in the crime of sedition; The words must be of such a nature that by
2. That he incites others to rise publicly and uttering them there is a danger of a public
tumultuously for the accomplishment of any uprising and that such danger should be both
of the acts of sedition; CLEAR and IMMINENT.
3. That the inciting is done by : - prevailing rule
a. by means of speeches, proclamations,
writings, emblems cartoons, banners, or 2. DANGEROUS TENDENCY RULE
other representations tending to the same The utterance or the writings are being
end; punished if there is a mere tendency that the
b. By uttering seditious words or speeches same would bring public uprising.
which tend to disturb the public peace;
c. By writing, publishing, or circulating
scurrilous (low, vulgar, mean or foul) libels
against the Government or any of its duly
constituted authorities
i. They tend to disturb or obstruct any
lawful officer in executing the functions
of his office;
ii. They tend to instigate others to cabal
and meet together for unlawful
purposes;
iii. They suggest or incite rebellious
conspiracies or riots or
iv. They lead or tend to stir up the people
against the lawful authorities or disturb
the peace of the community, and the
safety and order of the Government (i-
iv applies to b and c)
d. By knowingly concealing such evil
practices.
 CRIMES AGAINST POPULAR REPRESENTATION
ARTICLE 143. ACTS TENDING TO
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
1. That there be a projected or
actual meeting of the National
Assembly or any of its committees
or subcommittees, constitutional
commissions or committees or
divisions thereof, or of any
provincial board or city or municipal 2. That the offender does any of the divisions thereof, or from
council or board;
2. That the offender, who may be
any person, prevents such meeting meetings;
by force or fraud.
ALSO LIABLE for CONTEMPT
Meeting at the Prosecutor’s Office,
or of the Courts, and there is no
public uprising = PD 1829
Obstruction of Justice
ARTICLE 144.DISTURBANCE OF ARTICLE 145 VIOLATION OF
PROCEEDINGS PARLIAMENTARY IMMUNITY
1. That there be a meeting of Acts Punished
Congress or any of its committees 1. Using force, intimidation,
or subcommittees, constitutional threats, or frauds to prevent any
commissions or committees or member from:
divisions thereof, or any provincial a. Attending the meetings of
board or city or municipal council or Congress or any of its
board; (not just meeting of officials) subcommittees, commissions or
following acts: committees or constitutional
a. He disturbs any of such committees or
b. Expressing his opinions or
b. He behaves while in the presence c. Casting his vote
of any such bodies in such a manner
as to interrupt its proceedings or to 2. Arresting or searching any
impair the respect due it. member while Congress is in
session, except in cases where such
member has committed a crime
punishable under the Code by a
penalty higher than prision mayor.
(1) That the offender is a public
officer or employee;
(2) That he arrests or searches any
member of the National Assembly;
(3) That the Assembly, at the time
of arrest or search, is in regular
or special session;
(4) That the member arrested or
searched has not committed
a crime punishable under the Code
by a penalty higher than
prision mayor.
ILLEGAL ASSEMBLIES/ASSOCIATIONS
ARTICLE 146 ILLEGAL ASSEMBLIES ARTICLE 147 ILLEGAL
Forms of Illegal Assemblies: ASSOCIATIONS
1. Any meeting attended by armed Prohibited associations:
persons for the purpose of committing any Association totally or
of the crimes punishable under the Code partially organized for:
Requisites: 1. The purpose of
a. That there is a meeting, gathering or committing any of the
group of persons, whether in a fixed place crimes punishable
or moving; under the Code, or
b. That the meeting is attended by armed 2. Some purpose contrary to
persons; public morals.
c. That the purpose of the meeting is to
commit any of the crimes punishable under Persons liable for illegal
the Code. association:
2. Any meeting in which the audience, 1. Founders, directors and
whether armed or not, is incited to the president of the ssociation.
commission of the crime of treason, 2. Mere members of the
rebellion or insurrection, sedition, or association.
assault upon a person in authority
If in a meeting the audience
Requisites:
is incited to the commission
a. That there is a meeting, a gathering or
of rebellion or sedition, the
group of persons, whether in a fixed place
crimes committed are
or moving;
(1) illegal assembly as
b. That the audiences, whether armed or
regards: (a) the organizers
not, is incited to the commission of the
or leaders, and (b) persons
crime of treason, rebellion or insurrection,
merely present; and
sedition or direct assault.
(2) inciting to rebellion or
sedition insofar as the one
Presumptions:
inciting them is concerned
If any person carries an unlicensed firearm,
it is presumed that:
1. The purpose of the meeting insofar as he
is concerned is to commit acts punishable
under the RPC, and
2. He is considered a leader or organizer of
the meeting
ARTICLE 152. PERSONS IN
AUTHORITY & AGENTS OF
PERSONS IN AUTHORITY
Person in Authority (PA) - directly
vested with jurisdiction (to govern
and execute the laws) whether as
an individual or as a member of
some court or governmental
corporation, board commission.
TEACHERS, LAWYERS but only for
148
Agent of a Person in Authority
1. Any person who, by direct
provision of law or election or
appointment by competent
authority, is charged with the
maintenance of public order and
the protection and security of life
and property.
2. Any person who comes to the
aid of persons in authority
ARTICLE 148 DIRECT ASSAULT
1. Without public uprising, by
employing force or intimidation for
the attainment of any of the
purposes enumerated in
defining the crimes of sedition &
rebellion
Elements:
a. That the offender employs force
or intimidation;
b. That the aim of the offender is to
attain any of the purposes of
the crime of rebellion or any of the
objects of the crime of sedition;
c. That there is no public uprising.
2. Without public uprising, by
attacking, by employing force or
seriously intimidating or by
seriously resisting any PA or APA,
while engaged in the performance
of official duties, or on the
occasion of such performance
Elements:
a. That the offender: (AFIR)
i. Makes an attack
ii. Employs force (serious force if
agent is attacked to indicate
determination to defy the law
and its representative at all
hazards)
iii. Makes a serious intimidation
iv. Makes a serious resistance (if
not serious=resistance and
disobedience), (must be active,
not passive);
b. That the person assaulted is a
person in authority or his agent
(still in office); (x=physical injuries)
c. That at the time of the assault the
person in authority or his agent:
i. Is engaged in the actual
performance of official duties
ii. On occasion or by reason of
past performance of his official
duties (an instance when motive
must be proven);
d. That the offender knows that the
one he is assaulting is a person in
authority or his agent in the
exercise of his duties;
e. That there is no public uprising
ARTICLE 149 INDIRECT ASSAULT
1. That an APA is the victim of any
of the forms of direct assault
defined in Art. 148;
2. That a person comes to the aid
of the APA;
3. That the offender makes use of
SERIOUS force (x = resistance) or
intimidation upon such person
coming to the aid of the APA.
Forms of Direct Assault:
1. Simple assault
2. Qualified assault
Direct assault is qualified-
1. When the assault is committed
with a weapon; or
2. When the offender is a public
officer or employee; or
3. When the offender lays hands
upon a person in authority.
Disregard of Rank inherent
circumstance
Complexed with murder, homicide,
physical injuries (slight physical
injuries ABSORBED) – In BQ
problems, assess if the force
employed amounts to slight, less
serious or serious physical injuries
Essence of direct assault –
contempt and lawless defiance of
authority
BQ: Homicide with assault upon a
person in authority
ARTICLE 151 RESISTANCE &
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF
SUCH PERSON
Elements of resistance &
serious disobedience:
1. That a PA or his APA is ACTUALLY
engaged in the performance of
official duty or gives a lawful order
to the offender; (DIRECT ORDER,
not writs of execution addressed to
sheriff UNLESS sheriff gave direct
order)
2. That the offender resists or
seriously disobeys such person in
authority or his agent;
3. That the act of the offender is
not included in the provisions of
Arts. 148-150.
Elements of simple
disobedience:
1. That an APA (ONLY APA, NOT PA)
is engaged in the performance of
official duty or gives a lawful order
to the offender;
2. That the offender disobeys such
APA;
3. That such disobedience is not of
a serious nature.
Essence: Failure to obey orders
directly issued by the authorities in
the exercise of their official duties
ARTICLE 150. DISOBEDIENCE TO
SUMMONS ISSUED BY THE
NAT’L ASSEMBLY, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION,
ITS COMMITTEES, SUBCOMMITTEE
OR DIVISIONS
1. Refusing, without legal excuse,
to obey summons of Congress, or
any commission or committee
chairman or member authorized to
summon witnesses;
2. Refusing to be sworn or placed
under affirmation while before
such legislative or constitutional
body or official;
3. Refusing to answer any legal
inquiry or to produce any books,
papers, documents, or records in
his possession, when required
by them to do so in the exercise of
their functions (in aid of legislation);
(Note: right against self-
incrimination)
4. Restraining another from
attending as a witness in such
legislative or constitutional body;
5. Inducing disobedience to
summons or refusal to be sworn by
any such body or official
ALSO LIABLE for CONTEMPT
Summons, sworn, produce,
restrain, induce (SSPRI)

ARTICLE 153 TUMULTS & OTHER
DISTURBANCES OF PUBLIC ORDER
1. Causing any serious disturbance in a
public place, office or establishment;
2. Interrupting or disturbing public
performances, functions or gatherings, or
peaceful meetings, if the act is not included
in Arts. 131- 132;
3. Making an outcry (unconscious outburst)
tending to incite rebellion or sedition in
any meeting, association or public place;
4. Displaying placards or emblems which
provoke a disturbance of public order in
such place;
5. Burying with pomp the body of a person
who has been legally executed.
Qualified if tumultuous
IF FIREARM was FIRED to CAUSE
disturbance AND resulted in INJURY=2
crimes, SERIOUS DISTURBANCE and
PHYSICAL INJURIES
PUBLIC DISORDER - TUAD
ARTICLE 154 UNLAWFUL USE OF MEANS OF ARTICLE 155 ALARMS & SCANDALS
PUBLICATION AND UNLAWFUL UTTERANCES 1. Discharging any firearm, rocket,
1. Publishing or causing to be published as firecracker, or other explosive within
news any false news which may endanger the any town or public place (or even in
public order, or cause damage to the interest private place), which produces alarm or
or credit of the State; danger (aimed at a person = discharge
2. Encouraging disobedience to the law or to of firearm under art 254); (alarm MUST
the constituted authorities or by praising, be produced)
justifying or extolling any act punished by law, 2. Instigating or taking an active part in
by the same means or by words, utterances or any charivari (discordant noises) or
speeches; other disorderly meeting offensive to
3. Maliciously publishing or causing to be another or prejudicial to public
published any official resolution or document tranquility (if serious disturbance=Art
without authority, or before they have been 153)
published officially; 3. Disturbing the public peace while
4. Printing, publishing or distributing (or causing wandering about at night or while
the same) books, pamphlets, periodicals, or engaged in any other nocturnal
leaflets which do not bear the real printer’s amusements
name, or which are classified as anonymous. 4. Causing any disturbance or scandal
in public places while intoxicated or
otherwise, provided Art. 153
is not applicable
ARTICLE 156 DELIVERY OF PRISONERS FROM
JAIL
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes such person, or
helps the escape of such person; (outsider,
co-prisoner; off-duty guard)
3. Offender is NOT a public officer charged
with custody of prisoner (x=infidelity in the
custody under art 223)
4. That the offender delivers person from jail:
1. By removing – to take away a person
from confinement with or without the
active participation of the person released
2. By helping said person to escape –
furnish material means to facilitate escape
Qualifying: Violence, intimidation, bribery
Offender may become ACCESSORY to
treason, murder, or parricide under Art 19,
para 3

ARTICLE 157 EVASION OF SERVICE OF
SENTENCE
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence, which
consists in deprivation of liberty; (includes
destierro)
3. That he evades the service of his
sentence by escaping during the term of
his sentence.
Circumstances qualifying the offense:
1. By means of unlawful entry (“by
scaling”);
2. By breaking doors, windows, gates,
walls, roofs or floors;
3. By using picklocks, false keys, disguise,
deceit, violence, or intimidation;
4. Through connivance with other convicts
or employees of the penal institution.
BQ: Evasion of service of sentence is a
continuing offense, as the convict is a
fugitive from justice and may be
prosecuted in the place of arrest. (Parulan
vs. Dir. of Prisons, L-28519, 17 Feb. 1968)
EVASION OF SERVICE OF SENTENCE
ARTICLE 158 EVASION OF SENTENCE ON
THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
1. That the offender is a convict by final
judgment, and is confined in a penal
institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not participated;
3. That the offender leaves the penal
institution where he is confined, on the
occasion of such disorder or during the
mutiny;
4. That the offender fails to give himself up
to the authorities within 48 hrs. following
the issuance of a proclamation by the
Chief Executive announcing the passing
away of such calamity.
ARTICLE 159 OTHER CASES OF EVASION
OF SENTENCE (CONDITIONAL PARDON)
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the Chief Executive;
3. That he violated any of the conditions of
such pardon.
FORMS OF EVASION OF SERVICE OF
SENTENCE
1. By simply leaving or escaping from the
penal establishment under Art. 157
2. Failure to return within 48 hours after
having left the penal establishment because
of a calamity, conflagration or mutiny and
such calamity, conflagration or mutiny has
been announced as already passed under Art.
158.
3. Violating the condition of conditional
pardon under Article 159.
ARTICLE 160 COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
(QUASI-RECIDIVISM)
1. That the offender was already convicted by
final judgment; (either felony or special law)
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same. (already served out in
reiteracion)
SPECIAL AGGRAVATING CIRCUMSTANCE not
offset, but PMC still applicable
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already served
out his original sentence (and not a
habitual criminal); or
2. When he shall have completed it after reaching
the said age, unless by reason of his conduct or
other circumstances, he shall not be worthy of
such clemency.
SEAL
ARTICLE 161
COUNTERFEITING SEAL OF
GOVERNMENT, SIGNATURE
AND STAMP OF PRESIDENT
1. Forging the Great Seal
of the Government of the
Philippines;
2. Forging the signature of
the President; (not
falsification)
3. Forging the stamp of the
President.
ARTICLE 162 USE OF FORGED
SIGNATURE, COUNTERFEIT
SEAL OR STAMP
1. That the seal of the
was counterfeited, or the
signature or stamp of
the Chief Executive was
forged by another person;
2. That the offender (who is
not the forger) knew
of the counterfeiting or
forgery;
3. That he used the
counterfeit seal or forged
signature or stamp.
if the Chief Executive left
with his secretary a
signature in blank, and a
document is written above
it, the crime committed
is not covered by Art. 161.
The one applicable is Art.
171 or Art. 172
COINS
ARTICLE 163 MAKING,
IMPORTING, UTTERING
FALSE COINS
1. That there be false or
counterfeited coins (may be
legal tender or not); (no
value)
2. That the offender either
made, imported or uttered
such coins;
3. That in case of uttering, he
connived with the
counterfeiters or importers.
ARTICLE 164 MUTILATION
OF COINS, IMPORTATION
AND UTTERANCE OF
MUTILATED COINS
1. Mutilating coins of the
legal currency, with the
intent to damage or to
defraud another; (diminish
value)
2. Importing or uttering
with connivance with the
mutilator or importer in case
of uttering.
ARTICLE 165. SELLING OF
FALSE OR MUTILATED
COIN, W/O CONNIVANCE
1. Possession counterfeit or
mutilated coin with intent to
utter knowing that it is false
or mutilated; (includes
constructive possession)
2. Actually uttering false or
mutilated coin, knowing it to
be false or mutilated.
TREASURY AND NOTES, NEGOTIABLE INSTRUMENTS, INSTRUMENTS OF CREDIT
ARTICLE 166 FORGING ARTICLE 168. ILLEGAL
TREASURY OR BANK NOTES POSSESSION AND USE OF
OR OTHER DOCUMENTS FALSE TREASURY OR BANK
PAYABLE TO BEARER AND NOTES AND OTHER
UTTERING THE SAME INSTRUMENTS OF CREDIT
1. Forging or falsification of 1. That the treasury or bank
treasury or bank notes or note or certificate or other
other documents payable obligation and securities
to bearer; payable to bearer or any
2. Importation of the same instrument payable to order
3. Uttering the same in or other document of credit
connivance with forgers not payable to bearer is
or importers; forged or falsified by
another;
ARTICLE 167. 2. The offender knows that
COUNTERFEITING, any of these instruments is
IMPORTING AND forged or falsified;
UTTERING INSTRUMENT 3. That he performs any of
NOT PAYABLE TO BEARER these acts:
1. That there be an a. Using any of such forged
instrument payable to order or falsified instruments; or
or other document of credit b. Possession with intent to
NOT payable to bearer; use, any of the forged or
2. That the offender falsified documents. (with
either forged, imported or intent to cause damage to
uttered such instrument; another)
3. That in case of uttering he
connived with the importer BQ: Possession alone with-
or forger. out an intent to use it, is not
punishable. If accused
Only uttering without cannot explain possession, it
connivance: Art 165 may be inferred that he had:
(a) knowledge that the bills
are fake; and (b) intent to
utter the same.
ARTICLE 169. HOW FORGERY
IS COMMMITTED
1. By giving to treasury or
bank note or any instrument
payable to bearer or to order
the appearance of a true and
genuine document;
2. Counterfeiting
Altering
Substituting
Erasing any figures, letters,
words or signs contained
therein.
BQ: Forging v Falsification
Forging is committed by
giving to a treasury or bank
note or any instrument
payable to bearer or to
order the appearance of a
true and genuine document;
Falsification is committed by
erasing, substituting,
counterfeiting, or altering by
any means, the figures,
letters, words, or signs
contained therein. ESCA
Forgeries
1. Forging the seal of the
Government, signature or
stamp of the President
2. Counterfeiting coins.
3. Mutilation of coins.
4. Forging treasury or bank
notes or other documents
payable to bearer.
5. Counterfeiting instruments
not payable to bearer
6. Falsification of legislative
documents
7. Falsification by public
officer, employee or notary
or ecclesiastical minister
8. Falsification by private
individuals
9. Falsification of wireless,
cable, telegraph and
telephone messages
10. Falsification of medical
certificates, certificates of
merit or service.
Falsification
1. Falsification of legislative
documents.
2. Falsification of a document
by a public officer, employee
or notary public.
3. Falsification of public,
official, or commercial
document by a private
individual.
4. Falsification of a private
document by any person
5. Falsification of wireless,
telegraph and telephone
messages.
ARTICLE 170 FALSIFICATION OF
LEGISLATIVE DOCUMENT
1. That there be a bill, resolution or
ordinance enacted by or approved
or pending approval by either
House of the Legislative or any
provincial board or municipal
council; (not simulated)
2. The offender (any person) alters
the same; (x=171 or 172)
3. That he has no proper authority;
4. That alteration changed the
meaning of the document.
ARTICLE 171 FALSIFICATION
BY PUBLIC OFFICER, EMPLOYEE OR
NOTARY OR ECCLESIASTICAL
MINISTER
1. That the offender is a public
officer, employee or notary
public or ecclesiastical minister
(must affect civil status of
persons);
2. That he takes advantage of
his official position when: (x=172)
a. He has the duty to make or
prepare or otherwise to intervene
in the preparation of the document;
b. He has the official custody of the
document which he falsifies
3. The offender falsifies a document
Modes of Falsification
1. Counterfeiting (copy) or
imitating (feigning, made up) any
handwriting, signature or rubric.
1. That there be an intent to
imitate or an attempt to imitate;
2. The two signatures or
handwriting, the genuine and
the forged bear some resemblance
to each other (X=171, PARA 2)
2. Causing it to appear that persons
have participated in an act or
proceeding when they did not in
fact so participate.
1. That the offender caused it to
appear in a document that a person
or persons participated in an act or
proceeding;
2. That such persons did not in fact
so participate in the act or
proceeding
3. Attributing to persons who have
participated in any act or
proceeding statements other than
those in fact made by them.
1. That persons participated in an act
or proceeding;
2. That such person or persons made
statements in that act or proceeding;
3. That the offender in making a
document, attributed to such
person, statements other than those
in fact made by such person.
4. Making untruthful statements in
a narration of facts.
1. That the offender makes in a
document statements in a narration
of facts; (MUST be FACT, not
conclusion of law)(can be done by
omission)
2. That he has the legal obligation to
disclose the truth of the facts;
3. That the facts narrated by the
offender are absolutely false; (not
colorable truth)
4. That it was made with the
wrongful intent of injuring a third
person (except in public documents)
(vitiated consent to sign immaterial
because signature is genuine)
5. Altering true dates.
1. Date is altered
2. The alteration affects the
veracity or the effects of the
document
6. Making alteration or
intercalation in a genuine
document which changes its
meaning.
1. That there be an alteration or
intercalation (insertion) on a
document;
2. That it was made on a genuine
document;
3. That the alteration and
intercalation has changed the
meaning of the document;
4. That the change made the
document speak something
false
7. Issuing in an authenticated
form a document purporting to
be a copy of an original document
when no such original exist or
including in such a copy a
statement contrary to or different
from that of the genuine original.
(cannot be committed by private
person)
8. Intercalating any instrument or
note relative to the issuance in a
protocol, registry or official book.
DOCUMENT: Complete and of
apparent legal efficacy (by which
a right is established, an
obligation extinguished)
GENUINE DOCUMENT MUST
EXIST: PARAS 6, 7, 8
ARTICLE 172. FALSIFICATION
BY PRIVATE INDIVIDUALS AND USE
OF FALSIFIED DOCUMENTS
1. Falsification of public, official
or commercial document by a
private individual
a. The offender is a private
individual or a public officer or
employee who did not take
advantage of his official position;
b. That he committed any of
the acts of falsification enumerated
in Art.171 (Pars.1-6);
c. That the falsification was
committed in a public or official or
commercial document.
2. Falsification of private
document by any person;
a. That the offender committed
any of the acts of falsification
except those in par. 7, enumerated
in Art.171;
b. That the falsification was in a
private document;
c. That the falsification caused
damage to a third party or with the
intent to cause damage. (includes
damage to honor)
3. Use of falsified documents.
a. Introducing in a judicial
proceeding
i. That the offender knew that the
document was falsified by another;
ii. That the false document (not
false certificate) was embraced in
Art. 171 or in any subdivision No.1
or 2 of Art. 172;
iii. That he introduced false
document in any judicial
proceeding
b. Use in any other transaction
i. That the offender knew that
the document was falsified by
another person;
ii. That the false document (not
false certificate) was embraced
in Art. 171 or in any of PARA 1 or
2 of Art 172;
iii. That he used such document
(not in judicial proceeding);
iv. That the use of the false
document caused damage to
another or at least it was used
with intent to cause damage.
COMPLEX CRIME of Estafa, theft or
malversation through falsification
ONLY of public, official or
commercial documents.
If private document falsified to
conceal misappropriation: estafa
with abuse of confidence ONLY.
By Imprudence: Estafa through
falsification by reckless
imprudence. EXCEPT private
documents because intent is an
element.
If the document is intended by law
to be part of the public or official
record, although still a private
document when it was falsified,
crime is still falsification of a public
or official document.
GR: No attempted and frustrated
falsification EXCEPT frustrated
falsification, if the falsification is
imperfect.
ARTICLE 173. FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH AND TELEPHONE
MESSAGES AND USE OF SAID FALSIFIED
MESSAGES
1. Uttering fictitious wireless, telegraph, or
telephone messages;
2. Falsifying wireless, telegraph or
telephone
messages.
a. That the offender is an officer or employee
of the government or an officer or an
employee of a private corporation, engaged
in the service of sending or receiving
wireless, cable or telephone message;
b. That he commits any of the above acts.
3. Using such falsified messages.
a. That the accused knew that wireless,
cable, telegraph or telephone message
was falsified by any person specified in 1st
paragraph of Art.173;
b. That the accused used such falsified
dispatch;
c. That the use of the falsified dispatch
resulted in the prejudice of a third party, or
that the use thereof was with the intent to
cause such prejudice
ARTICLE 174. FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATE OF MERIT OR SERVICE
1. Physician or surgeon who, in connection
with the practice of profession issued a false
certificate;
2. Public officer who issued a false certificate
of merit or service, good conduct or similar
circumstances (certificate of residence);
3. Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1 and
2.
ARTICLE 175. USING FALSE CERTIFICATES
1. That a false certificate mentioned in the
preceding article was issued;
2. That the offender knew that the certificate
was false;
3. That he used the same.
ARTICLE 176 MANUFACTURING AND
POSSESSION OF INSTRUMENTS AND
IMPLEMENTS FOR FALSIFICATION
1. Making or introducing into the Philippines
any stamps, dies, marks, or other instruments
or implements for counterfeiting;
2. Possession with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person. (includes
constructive possession)
OTHER FALSITIES
ARTICLE 177. USURPATION OF
AUTHORITY OR OFFICIAL FUNCTIONS
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly (express) misrepresenting
oneself to be an officer, agent or
representative of the government, whether
local, national or foreign(must be real, not
fake agency); (NO ACT NEEDED)
2. By performing any act pertaining to a
person in authority or public officer of the
government under the pretense of official
position and without authority. (usurper may entertain-ment.
be officer from same department of
government)
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer
ARTICLE 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
Elements: (using fictitious name)
1. That the offender uses a name other than
his real name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is—
a. To conceal a crime;
b. To evade the execution of a judgment; Or
c. To cause damage to public interest.
Elements: (Concealing true name)
1. That the offender conceals:
a. his true name,
b. all other personal circumstances;
2. That the purpose is only to conceal his
identity.
COMMONWEALTH ACT NO. 142, as
amended by REPUBLIC ACT NO. 6085 An Act
Regulating the Use of Aliases
General rule: No person shall use any name
different from the one with which he was
registered at birth in the office of the local
civil registry, or with which he was registered
in the Bureau of Immigration upon entry, or
such substitute name as may have been
authorized by a competent court.
Exception:
1 Pseudonym for literary purposes.
2 Use of aliases in cinema and television
3 In athletics and sports activities (RA. 6085).
4 Under the witness protection program a
person may adopt a different identity (RA.
6981).
5 When he has been baptized or customarily
known by such alias.
6 When authorized by a competent court
(CA. No. 142, as amended by RA. 6085).
7 When properly indicated in a Certificate of
Candidacy (Omnibus Election Code).
ARTICLE 179. ILLEGAL USE OF UNIFORM OR
INSIGNIA
1. That the offender makes use of insignia,
uniform or dress;
2. That the insignia, uniform or dress
pertains to an office not held by the
offender or to a class of person of which he
is not a member; and (office must be real, not
fake office)
3. That said insignia, uniform or dress is used
publicly and improperly.

ARTICLE 180. FALSE
TESTIMONY AGAINST A
DEFENDANT
1. That there be a criminal
proceeding;
2. That the offender testifies
falsely under oath against
the defendant therein;
3. That the offender who
gives false testimony knows
that it is false;
4. That the defendant against
whom the false testimony is
given is either acquitted or
convicted at least to a
correctional penalty or a fine
in a final judgment (arresto
menor= false witness not
liable)
Three forms of false
testimony
1. False Testimony in
Criminal Cases (Art. 180-181)
2. False Testimony in Civil
Cases (Art. 182)
3. False Testimony in other
cases (Art. 183)
Penalty depends on the
sentence of the defendant in
the principal case.
FALSE TESTIMONY
ARTICLE 181. FALSE ARTICLE 182. FALSE
TESTIMONY FAVORABLE TO TESTIMONY IN CIVIL CASES
THE DEFENDANT 1. That the testimony must
be given in a civil case;
2. That the testimony
must relate to the issues
presented in said case;
3. That the testimony must
be false;
4. That the false testimony
must be given by the
defendant knowing it to be
false;
5. That the testimony must
be malicious and given with
an intent to affect the issues
presented in said case.
ARTICLE 183 PERJURY
1. By falsely testifying under
Oath NOT IN A JUDICIAL
PROCEEDING); (VERBAL)
2. By making a false
affidavit. (ORAL)
Elements:
1. That the accused made a
statement under oath or
executed an affidavit upon
a material (NOT JUST
RELEVANT OR PERTINENT)
matter; (not in a judicial
proceeding ex. preliminary
investigation)
2. That the statement or
affidavit was made before a
competent officer
authorized to receive and
administer oath;
3. That in that statement or
affidavit, the accused made
a willful and deliberate
assertion of a falsehood;
4. That the sworn statement
or affidavit containing the
falsity is required by law OR
for some legal purpose
Prosecution must prove
which of 2 contradictory
statements is false by
evidence other than the
contradictory statement.
The matter is "material"
when it is directed to prove
a fact in issue.
Relevant – when it tends in
any reasonable degree to
establish the probability or
improbability of a fact in
issue.
Pertinent – when it concerns
collateral matters which
make more or less probable
the proposition at issue.
Oath – any form of
attestation by which a person
signifies that he is bound in
conscience to perform an act
faithfully and truthfully.
Affidavit – a sworn
statement in writing; a
declaration in writing, made
upon oath before an
authorized magistrate or
officer.
Competent person – a
person who has a right to
inquire into the questions
presented to him upon
matters under his jurisdiction
Subornation of perjury – is
committed by a person who
knowingly and willfully
procures another to swear
falsely and the witness
suborned does testify under
the circumstances rendering
him guilty of perjury.
ARTICLE 184. OFFERING
FALSE TESTIMONY IN
EVIDENCE
1. That the offender offered
in evidence (called to witness
stand) a false witness or
testimony;
2. That he knew the witness
or testimony was false;
3. That the offer was made in
a judicial or official
proceeding.
4. Offender does not induce
a witness to testify (x= Art.
180, Art. 181, Art. 182, or
Art. 183, in relation to Art. 7,
par. 2)
BQ: There is no crime of
subornation of perjury. The
crime is now treated as plain
perjury with the one
inducing another as the
principal inducement, and
the latter, as principal by
direct participation
ARTICLE 185. MACHINATIONS
IN PUBLIC AUCTIONS
1. Soliciting any gift or promise
as a consideration for refraining
from taking part in the public
auction;
a. That there be a public auction;
b. That the accused solicited any
gift or a promise from any of the
bidders;
c. That such gift or promise was the
consideration for his refraining
from taking part in that public
auction.
d. That the accused had the intent
to cause the reduction of the price
of the thing auctioned.
2. Attempting to cause bidders to
stay away from an auction by
threats, gifts, promises or any
artifice.
a. That there be a public auction;
b. That the accused attempted to
cause the buyers to stay away from
that public auction;
c. That it was done by threats, gifts,
promises or any other artifice.
d. That the accused had the
intent to cause the reduction of the
price of the thing.
ARTICLE 186. MONOPOLIES
AND COMBINATIONS IN
RESTRAINT OF TRADE
1. Combination or conspiracy to
prevent free competition in
market.
By entering into any contract
or agreement or taking part in
any conspiracy or combination
in the form of a trust or
otherwise, in restraint of trade
or commerce or to prevent by
artificial means free competition in
the market.
2. Monopoly to restrain free
competition in market.
By monopolizing any merchandise
or object of trade or commerce, or
by combining with any other person
or persons to monopolize said
merchandise or object in order
to alter the prices thereof by
spreading false rumors or making
use of any other artifice to restrain
free competition in the market.
3. Making transactions prejudicial
to lawful commerce or to increase
the market price of merchandise.
The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or
object of commerce.
The crime is
committed by:
(1) combining,
(2) conspiring, or
(3) agreeing with any person.
The purpose is:
(1) to make transactions
prejudicial to lawful commerce,
(2) to increase the market price of
any merchandise or object of
commerce manufactured,
produced, processed, assembled or
imported into the Philippines.
ARTICLE 187. IMPORTATION REPUBLIC ACT NO. 455 Law on
AND DISPOSITION OF FALSELY Smuggling
MARKED ARTICLES OR Acts punishable:
MERCHANDISE MADE OF 1. That the merchandise must
GOLD, SILVER OR OTHER have been fraudulently or
PRECIOUS METALS OR knowingly imported contrary to
THEIR ALLOYS law;
Articles or merchandise 2. That the defendant if he is not
involved: the importer himself, must have
1. Gold, received, concealed, bought,
2. Silver, sold or in any manner facilitated
3. Other precious metals, or the transportation, concealment, or
4. Their alloys. sale of the merchandise and
that he must be shown to have
Elements: knowledge that the merchandise
1. That the offender imports, had been illegally imported.
sells or disposes any of those
articles;
2. That the stamps, brands or
marks of those articles or
merchandise fail to indicate
the actual fineness or quality
of said metal or alloy;
3. That the offender knows that
the stamps, brands, or marks fail to
indicate the actual fineness or
quality of said metal or alloy.

ARTICLE 200 GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous as offending
against decency or good customs. (scandal to persons who
have accidentally witnessed the same)
3. That the highly scandalous conduct is not expressly falling
within any other article of this Code.
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view.
(essence degree of publicity)
BQ: Sunbathing at home not grave scandal, no publicity
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
ARTICLE 201. IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS
Persons Liable:
1. Those who shall publicly expound or proclaim doctrines
openly and contrary to public morals.
2. The authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature;
and the owners, operating the establishment or selling the
same.
3. Those who, in theaters, fairs, cinematographs or any other
place, exhibit indecent or immoral shows which are
proscribed or are contrary to morals, good customs,
established policies, lawful orders, decrees and edicts
4. Those who shall sell, give away (to many) or exhibit films,
prints, engravings, sculpture or literature which are offensive
to morals (NOT mere possession)
The Test of Obscenity
The test is whether the tendency of the matter charged as
obscene, is to corrupt those whose minds are open to such
immoral influences, and into whose hands such a publication
may fall and also whether or not such publication or act
shocks the ordinary and common sense of men as an
indecency.
ARTICLE 202 VAGRANTS AND PROSTITUTES
Persons Liable:
1. Any person having no apparent means of subsistence, who
has the physical ability to work and who neglects to apply
himself to some lawful calling; (Mendicant)
2. Any person found loitering about public or semipublic
buildings or places or tramping or wondering about the
country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill
fame; ruffians or pimps and those who habitually associate
with prostitutes; (Vagrant)
4. Any person who, not being included in the provisions of
other articles of this Code, shall be found loitering in any
inhabited or uninhabited place belonging to another without
any lawful or justifiable purpose.
5. Prostitutes

ARTICLE 204 KNOWINGLY RENDERING
UNJUST JUDGMENT
1. That the offender is a judge; (individual,
not collegiate)
2. That he renders a judgment in a case
submitted to him for decision;
3. That the judgment is unjust; (contrary to
law or not supported by evidence)
4. That the judge knows that his judgment is
unjust.
Source of unjust judgment: (a) error or (b)
ill-will or revenge, or (c) bribery.
ARTICLE 205. JUDGMENT RENDERED
THROUGH NEGLIGENCE
1. That the offender is a judge;
2. That he renders a judgment in a case
submitted to him for decision;
3. That the judgment is manifestly unjust;
(contrary to law, that even layman cannot
doubt the injustice)
4. That it is due to his inexcusable negligence
or ignorance.
MISFEASANCE: DERELICTION OF DUTY
ARTICLE 207 MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of
justice;
4. That the delay is malicious, that is, the
delay is caused by the judge with deliberate
intent to inflict damage on either party in the
case.
ARTICLE 208. PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
(PREVARICATION)
Acts punished:
1. By maliciously refraining from instituting
prosecution against violators of the law;
2. By maliciously tolerating the commission of
a crime.
Elements:
1. That the offender is a public officer who
has a duty to cause the prosecution of, or to
prosecute offenses; (EXCEPT BIR agents,
special law)
2. That knowing the commission of the crime,
he does not cause the prosecution of the
criminal or knowing that a crime is
about to be committed he tolerates its
commission; and
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law.
4. The crime committed by the law-violator
must be proved first
ARTICLE 209 BETRAYAL OF TRUST BY AN
ATTORNEY - REVELATION OF SECRETS
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional
duty; or
b. Inexcusable negligence or ignorance
2. Revealing any of the secrets of his client
learned by him in his professional capacity
3. Undertaking the defense of the opposing
party in the same case without the consent
of his first client after having undertaken the
defense of said first client or after having
received confidential information from said
client (UNLESS CONSENT)

ARTICLE 206 UNJUST INTERLOCUTORY Who Can Be Offenders in Art. 208?

ORDER 1. Public officer
1. That the offender is a judge; Officers of the prosecution department,
2. That he performs any of the following acts: whose duty is to institute criminal
a. Knowingly renders unjust interlocutory proceedings upon being informed
order or decree, or 2. Officer of the law
b. Renders a manifestly unjust By reason of position held by them are duty-
interlocutory order or decree through bound to cause prosecution and punishment
inexcusable negligence or ignorance. of offenders.
 BRIBERY SPECIAL LAWS
ARTICLE 210. DIRECT BRIBERY ARTICLE 211 INDIRECT BRIBERY RA 3019 ANTI GRAFT AND CORRUPT PRACTICES ACT, Section 3
1. By agreeing to perform, or by performing 1. That the offender is a public officer; 3 (a) Persuading, inducing or influencing another public officer to perform an act constituting a
in consideration of any offer, promise, gift 2. That he accepts gifts; (not mere violation of rules and regulations duly promulgated by competent authority or an offense in
or present, an act constituting a crime, in physical receipt) (INTENT TO TAKE AWAY connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
connection with the performance of official THE GIFT AS HIS OWN) influenced to commit such violation or offense.
duties. 3. That the said gifts are offered to him by (1) A public officer persuades, induces or influences another public officer to perform an act
2. By accepting a gift in consideration of the reason of his office. (NO AGREEMENT) (2) The act constitutes a violation of rules and regulations or an offense in connection with the
execution of an act which does not official duties of the latter, and
constitute a crime, in connection with the PD 46: CHRISTMAS GIFTS PROHIBITED (2) Another public officer allows himself to be so persuaded, induced or influenced.
performance of his official duty. (3) The accused so acted for a consideration, payment or remuneration and that he intended to
3. By agreeing to refrain, or by refraining, DIRECT: IN CONSIDERATION obtain personal gain, enrichment or advantage
from doing something which it is his official INDIRECT: BY REASON
duty to do, in consideration of a gift or 3 (b) 1. Directly or indirectly requesting or receiving any gift, present, share, percentage, or
promise. ARTICLE 211-A QUALIFIED BRIBERY benefit, for himself or for any other person,
1. Public officer entrusted with law 2. in connection with any contract or transaction between the Government and any other
Elements of direct bribery: enforcement part,
1. That the offender be a public officer; 2. Offender refrains from arresting or 3. Wherein the public officer in his official capacity has to intervene under the law.
2. That the offender accepts an offer or a prosecuting
promise or receives a gift or present by an offender who has committed a crime PERSON LIABLE: under this provision is the public officer who, in his official capacity, has to
himself or through another; punishable by reclusion perpetua and/or intervene under the law in any contract or transaction between the Government and any other
3. That such offer or promise be accepted, death party. (Preliminary investigation is NOT contract/transaction)
or gift or present received by the public 3. Offender himself asks or demands such ACT: directly or indirectly, requesting or receiving any gift, present, share, percentage, or benefit, for
officer – gift or present himself or for any other person, in connection with that contract or transaction.
a. With a view to committing some
crime; or ARTICLE 212 CORRUPTION OF PUBLIC 3 (c) 1. Directly or indirectly requesting or receiving any gift, present or other pecuniary or
b. In consideration of the execution of OFFICIALS material benefit, for himself or for another,
an act which does not constitute a 1. That the offender makes, offers or 2. From a person which the public officer, in any manner or capacity, has secured or
crime, but the act must be unjust; or promises or gives gifts or presents to a obtained, or will secure or obtain, any Government permit or license,
c. To refrain from doing something public officer; (even if the public officer 3. In consideration for the help given or to be given, without prejudice to Section thirteen of
which it is his official duty to do; himself demands the gift) this Act.
(refraining from doing something must 2. That the offers or promises are made
not be a crime=PARA A1, Art 210) or the gifts or presents given to a public PERSON LIABLE: A public officer who, in any manner or capacity, has secured or obtained, or will
4. That the act which the offender agrees officer, under circumstances that will secure or obtain, any Government permit or license for another person.
to perform or which he executes be make the public officer liable for direct ACT: The act constituting the crime is directly or indirectly requesting or receiving any gift, present
connected with the performance of his bribery or indirect bribery. or other pecuniary or material benefit, for himself or for another in consideration for the help given
official duties. or to be given.
3 (d) 1. Accepting or having any member of his family accept employment in a private
enterprise
2. Said private enterprise has pending official business with him during the pendency
thereof or within one year after its termination.
PERSON LIABLE: A public officer who had or has pending official business with a private
enterprise. (not in a Government department or agency, like a public corporation even if such
department or agency had or has pending official business with him)
ACT: Accepting or having any member of his (public officer's) family accept employment in
that private enterprise :
(1) during the pendency of the official business with him or
(2) within one year after its termination.
3 (e) 1. A public officer or employee of corporations charged with the grant of licenses or
permits or other concessions.
2. Causes any undue injury to any party, including the Government, or gives any
private party any unwarranted benefits, advantage or preference in the discharge of
his official administrative or judicial functions
3. Through manifest partiality, evident bad faith or gross inexcusable negligence.
PERSON LIABLE: The public officer must act thru manifest partiality, evident bad faith or gross
inexcusable negligence. (Not limited to public officers who have the duty of granting licenses)
ACT: 1. Causing any undue injury to any party, including the Government, or (specific
quantified injury)
2. giving any private party any unwarranted benefits, advantage or preference in the
discharge of the official administrative or judicial functions of the offending public officer.
3 (f) 1. Neglecting or refusing, after due demand or request, without sufficient justification,
to act within a reasonable time on any matter pending before him
2. for the purpose of:
1.) obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or
2.) 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.
PERSON LIABLE: Any public officer who has the duty under the law to enter, on behalf of the
Government, into any contract or transaction with any person.
ACT: Entering into such contract or transaction manifestly and grossly disadvantageous to the
Government (PROFIT NOT MATERIAL)
(h) 1. Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction
2. a. In connection with which he intervenes or takes part in his official capacity,
(ACTUAL INTERVENTION REQUIRED, otherwise NO LIABILITY)
b. or in which he is prohibited by the Constitution or by any law from having any
interest.
PERSON LIABLE: Any public officer who intervenes or takes part in his official capacity in any
business, contract or transaction, or any public officer who is prohibited by the Constitution or
by any law from having any interest.
ACT: The act constituting the crime is directly or indirectly having financial or pecuniary
interest in that business, contract or transaction.
(i) 1. Directly or indirectly becoming interested, for personal gain, or having a material
interest
2. 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.
PERSON LIABLE: Any public officer who is a member of a board, panel or group which
exercises discretion in the approval of any transaction or act (even if he votes against
the same or does not participate)
ACT: The act constituting the crime is directly or indirectly becoming interested, for personal
gain, or having material interest in any transaction or act requiring the approval of such
board, panel or group.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of:
1. any person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or
2. of a mere representative or dummy of one who is not so qualified or entitled.
PERSON LIABLE: Public officer who has the duty of approving or granting any license, permit,
privilege or benefit.
ACT: Knowingly approving or granting the license, permit or benefit (Requesting or receiving
any gift, present or benefit is not required in this provision)
(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.
PERSON LIABLE: The person liable under this provision is any public officer who, on account of
his official position, or whose office, acquired valuable information of a confidential character.
PLUNDER
1. That the offender is a public officer who acts by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates, subordinates or other
persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or
series of the following overt or criminal acts:
(a) through misappropriation, conversion,  misuse,  or  malversation  of public funds or raids
on the public treasury;
(b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any
other form of pecuniary benefits 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;
(c) by the illegal or fraudulent conveyance or disposition of assets belonging to the
National  Government or any of its subdivisions, agencies or instrumentalities of Government
owned or controlled corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any
other form of interest or participation including the promise of future employment in any
business enterprise or undertaking;
(e) by establishing agricultural, industrial or commercial monopolies or other combinations
and/or implementation of decrees and orders intended to benefit particular persons or
special interests; or
(f) by taking 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; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00

ARTICLE 213 FRAUD AGAINST THE
TREASURY AND SIMILAR OF OFFENSES
1. By entering into an agreement with any
interested party or speculator or making use
of any other scheme, to defraud the
Government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds
2. By demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in the
collection of taxes, licenses, fees, and other
imposts
3. By failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, in the collection of
taxes, licenses, fees and other imposts
4. By collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Elements of frauds against public treasury ARTICLE 214 OTHER FRAUDS ARTICLE 216 POSSESSION OF PROHIBITED
(Par. 1): 1. That the offender is a public officer; INTEREST BY A PUBLIC OFFICER
1. That the offender be a public officer; 2. That he takes advantage of his official Persons liable:
2. That he should have taken advantage of position; 1. Public officer who, directly or indirectly,
his office, that is, he intervened in the 3. That he commits any of the frauds or became interested in any contract or
transaction in his official capacity; deceits enumerated in Arts. 315 to 318 business in which it was his official duty to
3. That he entered into an agreement with (estafa, other forms of swindling, swindling a intervene.
any interested party or speculator or made minor, and other deceits). 2. Experts, arbitrators, and private
use of any other scheme with regard to accountants who, in like manner, took part
a. Furnishing supplies Cognizable by the RTC regardless of the in any contract or transaction connected
b. The making of contracts, or amount or penalty involved, because MTCs with the estate or property in the appraisal,
c. The adjustment or settlement of have no jurisdiction to impose distribution or adjudication of which they had
accounts relating to public property or funds; disqualification acted.
4. That the accused had intent to defraud the 3. Guardians and executors with respect
Government Art. 215. PROHIBITED TRANSACTIONS to the property belonging to their wards or
1. That the offender is an appointive public the estate.
Elements of illegal exactions officer.
(Pars. 2-4): 2. That he becomes interested, directly or
1. The offender is a public officer entrusted indirectly, in any transaction of exchange or
with the collection of taxes, licenses, fees and speculation (BUY AND SELL TRANSACTIONS
other imposts (NOT FROM THE BIR OR REGULARLY, not if merely to invest)
CUSTOMS); 3. That the transaction takes place within the
2. He is guilty of any of the following acts or territory subject to his jurisdiction.
omissions: (NO DECEIT=ESTAFA) 4. That he becomes interested in the
a. Demanding, directly or indirectly, the transaction during his incumbency.
payment of sums different from or larger
than those authorized by law; or Essence: To engage in commerce
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law.
IF MONEY COLLECTED WAS SPENT = ALSO
MALVERSATION
 MALVERSATION
ARTICLE 217 MALVERSATION ARTICLE 218 FAILURE OF ARTICLE 219. FAILURE OF ARTICLE 221. FAILURE TO CRIMES OF MALVERSATION
OF PUBLIC FUNDS OR PROPERTY: PRESUMPTION OF ACCOUNTABLE OFFICER TO RESPONSIBLE PUBLIC MAKE DELIVERY OF 1. Malversation by appropriating,
MALVERSATION RENDER ACCOUNTS OFFICER TO RENDER ACCOUNTS PUBLIC misappropriating or permitting
1. By appropriating public funds or property. (or any 1. That the offender is a BEFORE LEAVING THE COUNTRY FUNDS OR PROPERTY any other person to take public
unlawful attempt to dispose) (good faith is a defense) public officer, whether in 1. That the offender is a public Acts Punished funds or property. (Art. 217)
2. By taking or misappropriating the same. the service or separated officer; 1. By failing to make 2. Failure of accountable officer to
3. By consenting, or through abandonment or therefrom. 2. That he must be an accountable payment by a public render accounts. (Art. 218)
negligence (inexcusable approximating 2. That he must be an officer for public funds or officer who is under 3. Failure of a responsible public
malice or fraud), permitting any other person to take accountable officer for property; obligation to make such officer to render accounts before
such public funds or property. public funds or property. 3. That he must have unlawfully payment from leaving the country. (Art. 219)
4. By being otherwise guilty of the misappropriation 3. That he is required by law left (or be on the point of leaving) Government funds in his 4. Illegal use of public funds or
or malversation of such funds or property. or regulation to render the Philippines without securing possession. property. (Art. 220)
accounts to the Commission from the Commission on Audit a 5. Failure to make delivery of
MALVERSATION/ EMBEZZLEMENT on Audit, or to a provincial certificate showing that his Elements: public funds or property. (Art. 221)
Common elements: auditor. accounts have been finally settled. a. Public officer has
1. That the offender be a public officer. (PRIVATE 4. That he fails to do so for a government funds in his ARTICLE 222. OFFICERS
PERSONS IN CONSPIRACY and ARTICLE 222) period of two months after ARTICLE 220. ILLEGAL USE OF possession. INCLUDED IN THE PRECEDING
2. That he had custody or control of funds or such accounts should be PUBLIC FUNDS OR PROPERTY b. He is under obligation to PROVISIONS
property by reason of the duties of his office (or rendered. (Technical Malversation) make payment from such Private individuals who may be
RECEIVED money in his OFFICIAL CAPACITY, 1. That the offender is a public funds. liable under Arts. 217 to 221.
otherwise=ESTAFA) (if officer only had qualified IF MISAPPROPRIATED = officer; c. He fails to make the 1. Private individuals who, in any
possession and had NO AUTHORITY TO PART UNLESS MALVERSATION 2. That there is a public fund or payment, maliciously. capacity whatever, have charge of
ORDERED=THEFT) property under his administration any national, provincial or
3. That those funds or property were public funds or 3. That such public fund or 2. By refusing to make municipal funds, revenue, or
property for which he was accountable property has been appropriated delivery property.
4. That he appropriated, took, misappropriated or by law or ordinance; by a public officer who has 2. Administrator or depository of
consented, or through abandonment or negligence, 4. That he applies the same been ordered by funds or property, attached, seized
permitted another person to take them. to a public use other than competent or deposited by public authority,
that for which such funds or authority to deliver any even if such property belongs to a
Malversation through falsification of a public property has been appropriated property in his custody or private individual. (includes sheriffs,
document by reckless negligence (P.O. principal by by law or ordinance (if NOT under his administration receivers) (NOT ADMINISTRATOR
indispensable cooperation) APPROPRIATED BY LAW = OF ESTATE OF DECEASED PERSONS=
Absorbed in crime: Abuse of public office MALVERSATION under Art 217) ESTAFA)
BQ: Restitution mitigating only. However, if the
restitution was made immediately, under vehement BQ: Private property is included,
protest against an imputation of malversation and provided it is (1) attached, (2)
without leaving the office, he may not be criminally seized, or (3) deposited by public
liable. authority
 INFIDELITY OF PUBLIC OFFICERS
INFIDELITY IN THE CUSTODY OF PRISONERS INFIDELITY IN THE CUSTODY OF DOCUMENTS REVELATION OF SECRETS
1. Conniving with or consenting to ARTICLE 224. EVASION 1. Removal, concealment or ARTICLE 227 OFFICER ARTICLE 229 REVELATION OF SECRETS BY
evasion. (Art. 223) THROUGH NEGLIGENCE destruction of documents. (Art. BREAKING SEAL AN OFFICER
2. Evasion through negligence. (Art. 1. That the offender is a public 226) 1. That the offender is a 1. By revealing any secret known to the
224) officer; 2. Officer breaking seal. (Art. 227) public offending public officer by reason of his
3. Escape of prisoner under the 2. That he is charged with the 3. Opening of closed documents. officer; official capacity.
custody of a person not a public conveyance or custody of a (Art. 228) 2. That he is charged with the a. That the offender is a public officer;
officer. (Art. 225) prisoner, either detention custody of papers or b. That he knows of the secret by reason
prisoner or prisoner by final ARTICLE 226 REMOVAL, property; of his official capacity;
ARTICLE 223. CONNIVING judgment; CONCEALMENT, OR DESTRUCTION 3. That these papers or c. That he reveals such secret without
WITH OR CONSENTING TO 3. That such prisoner escapes OF DOCUMENTS property are sealed by authority or justifiable reasons;
EVASION through his negligence. 1. That the offender be a public proper authority; d. That damage, great or small, be caused
1. That the offender is a public (GRAVAMEN- positive carelessness officer; 4. That he breaks the seals or to public interest.(x=no crime)(national
officer; that is short of deliberate non- 2. That he removes (with illicit permits them to be broken. security secrets= espionage)
2. That he had in his custody or performance of his duties as guard) pupose), conceals or destroys (3 2. By delivering wrongfully papers or
charge, a prisoner, either detention distinct modes) documents or ARTICLE 228. OPENING OF copies of papers of which he may have
prisoner or prisoner by final ARTICLE 225. ESCAPE OF papers (checks, PN, paper money); CLOSED DOCUMENTS charge & which should not be published
judgment; PRISONER UNDER THE (if papers contain state secrets and 1. That the offender is a 1. That the offender is a public officer;
3. That such prisoner escaped from CUSTODY OF A PERSON delivered to wrong person= public 2. That he has charge of papers; (if papers
his custody; NOT A PUBLIC OFFICER Revelation of Secrets) officer. have no secrets=infidelity)
4. That he was in connivance 1. That the offender is a private 3. That the said documents or 2. That any closed papers, 3. That those papers should not be
(EXPRESS AGREEMENT) with the person; papers should have been entrusted documents, or objects are published;
prisoner in the latter’s escape. 2. That the conveyance or custody to such public officer by reason entrusted to his custody. 4. That he delivers those papers or copies
(RELAXATION OF IMPRISONMENT of a prisoner or person under arrest of his office; (ex. clerk of court, 3. That he opens or permits thereof to a third person;
BUT NOT LENIENCY OR LAXITY) is confided to him; (OFFENDER DID postmaster) to be opened said closed 5. That the delivery is wrongful;
NOT MAKE THE ARREST) 4. That damage, whether serious or papers, documents, or 6. That damage be caused to public
BQ: Relaxation is infidelity 3. That the prisoner or person not, to a third party or to the public objects. interest
under arrest escapes; interest should have been caused. 4. That he does not have the ARTICLE 230. PUBLIC OFFICER REVEALING
Liability of escaping prisoner: 4. That the offender consents to the (delivery of document to wrong proper authority. SECRETS OF PRIVATE INDIVIDUAL
1. If the fugitive is serving sentence escape of the prisoner or person party) 5. Act should not fall under 1. That the offender is a public officer; (if
by reason of final judgment, he is under arrest, or that the escape Art 227 (if in opening closed attorney=Art 209 Betrayal of trust)
liable for evasion of the service of takes place through his negligence. Postmaster: papers or 2. That he knows of the secrets of a
the sentence under Art. 157. Letters with money order for object, the public officer private individual by reason of his
2. If the fugitive is only a detention delivery – infidelity broke the seal = Officer office;
prisoner, he does not incur Money order (not in a letter) – Breaking Seal) 3. That he reveals such secrets without
criminal liability. malversation, if he signed as payee, authority or justifiable reason.
falsification also
 OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATMENT OF PRISONERS ANTICIPATION, PROLONGATION AND ABANDONMENT OF
THE DUTIES AND POWERS OF PUBLIC OFFICE
ARTICLE 231 OPEN ARTICLE 232. ARTICLE 233 REFUSAL OF ARTICLE 235. ARTICLE 236.ANTICIPATION ARTICLE 238
DISOBEDIENCE DISOBEDIENCE TO ORDER ASSISTANCE MALTREATMENT OF OF DUTIES OF A PUBLIC ABANDONMENT OF
1. That the offender is a OF SUPERIOR 1. That the offender is a public PRISONERS OFFICE OFFICE
judicial or executive OFFICER WHEN SAID officer. 1. That the offender is a public 1. That the offender is 1. That the offender is a
officer; ORDER WAS SUSPENDED 2. That a competent authority officer or employee; entitled to hold a public public officer; (not charged
2. That there is a BY INFERIOR OFFICER demands from the offender 2. That he has under his office or employment, either with duty to institute
judgment, decision or 1. That the offender is a that he lends his charge a prisoner convicted by election or appointment; prosecution=Art 208
order of a superior public officer; cooperation towards the by final judgment or a 2. That the law requires that dereliction of duty)
authority; 2. That an order is issued administration of justice or detention prisoner; he should first be sworn in 2. That he formally resigns
3. That such judgment, by his superior for other public service (not 3. That he maltreats such and/or should first give a from his position; (there
decision or order was execution; (order must be private person even if he has prisoner in either of the bond; must be written or formal
made within the scope of lawful) subpoena or writ) following manners: 3. That he assumes the resignation)
the jurisdiction of the 3. That he has for any 3. That the offender fails to do a. By overdoing himself in performance of the duties 3. That his resignation has
superior authority and reason suspended the so maliciously. the correction or handling of and powers of such office; not yet been accepted;
issued with all legal execution of such order; a prisoner or detention 4. That he has not taken his 4. That he abandons his office
formalities; 4. That his superior ARTICLE 234. REFUSAL TO prisoner under his charge: oath of office and/or given to the detriment of the public
4. That the offender disapproves the suspension DISCHARGE ELECTIVE i. by the imposition of the bond required by law. service.
without any legal of the execution of the OFFICE punishments NOT authorized
justification openly order; 1. That the offender is elected by the regulations, or ARTICLE 237. PROLONGING Qualifying: When the
refuses to execute said 5. That the offender by popular election to a public ii. by inflicting such PERFORMANCE OF DUTIES purpose is to evade the
judgment, decision or disobeys his superior office; punishments (authorized) in AND POWERS discharge of the duties of
order, which he is duty despite the disapproval of 2. That he refuses to be sworn a cruel and humiliating 1. That the offender is preventing, prosecuting or
bound to obey the suspension. in or to discharge the duties of manner; or holding a public office; punishing any of the crimes
said office; and (in addition to his liability for 2. That the period provided against national security and
3. That there is no legal motive the physical injuries or by law, regulations or special the law of nations and crimes
for such refusal to be sworn in damage caused, hence no provisions for holding such against public order
or to discharge the duties of Complex Crime) (BUT if for office, has already expired;
said office. other purposes not i and ii = (suspended, separated,
physical injuries only) overaged, dismissed)
b. By maltreating such prisoner 3. That he continues to
to extort a confession or to exercise the duties and
obtain some information from powers of such office.
the prisoner.
 USURPATION OF POWERS AND UNLAWFUL APPOINTMENT ABUSES AGAINST CHASTITY
Rationale: Maintain separation of ARTICLE 2 41. USURPATION ARTICLE 243. ORDERS OR ARTICLE 245. ABUSES AGAINST Elements:
powers OF JUDICIAL FUNCTIONS REQUESTS BY EXECUTIVE OFFICERS CHASTITY 1. That the offender is a public
1. That the offender is an officer of TO ANY JUDICIAL AUTHORITY 1. By soliciting or making immoral officer;
ARTICLE 239. USURPATION OF the executive branch of the 1. That the offender is an executive or indecent advances to a woman 2. That he solicits (propose
LEGISLATIVE POWER Government; officer; interested in the matters pending earnestly and persistently) or
1. That the offender is an executive 2. That he: 2. That he addresses any order or before the offending officer for makes immoral or indecent
or judicial officer; a. Assumes judicial powers; or suggestion to any judicial authority; decision, or with respect to which advances to a woman;
2. That he: b. Obstructs the execution of any 3. That the order or suggestion he is required to submit a report to 3. That such woman must be:
a. Makes general rules or order or decision rendered by any relates to any case or business or consult with a superior officer. a. Interested in matters pending
regulations judge within his jurisdiction. coming within the exclusive before the offender for decision,
b. beyond the scope of his jurisdiction of the courts of justice 2. By soliciting or making immoral or with respect to which he is
authority or ARTICLE 242. DISOBEYING or indecent advances to a woman required to submit a report to or
b. Attempts to repeal a law or REQUEST FOR DISQUALIFICATION ARTICLE 244 UNLAWFUL under the offender’s custody. consult with a superior officer;
c. Suspends the execution 1. That the offender is a public APPOINTMENTS b. Under the custody of the
thereof officer; 1. That the offender is a public 3. By soliciting or making immoral offender who is a warden or
2. That a proceeding is pending officer; or indecent advances to the wife, other public officer directly
ARTICLE 240. USURPATION OF before such public officer; 2. That he nominates or appoints a daughter, sister or relative within charged with the care and
EXECUTIVE FUNCTIONS 3. That there is a question brought person to a public office; (NOT the same degree by affinity of any custody of prisoners or persons
1. That the offender is a judge; (if before the proper authority recommend) person in the custody of the under arrest; or
from legislative department=Art regarding his jurisdiction, which is 3. That such person lacks the legal offending warden or officer. c. The wife, daughter, sister or
177 Usurpation of Authority or not yet decided; qualifications therefor; relative within the same degree
Official Functions) 4. That he has been lawfully 4. That the offender knows that his by affinity of the person in the
2. That he: required to refrain from continuing nominee or appointee lacks the custody of the offender.
a. Assumes a power pertaining to the proceeding; qualification at the time he made (MOTHER and ascendants NOT
the executive authorities; or 5. That he continues the the nomination or appointment. included)
b. Obstructs the executive proceeding.
authorities in the lawful exercise RAC: Appointments of non-eligibles
of their powers not to exceed 3 months while
certification of eligible is pending

ARTICLE 246. PARRICIDE
1. That a person is killed;
2. That the deceased is killed
by
the accused; and
3. That the deceased is the
father, mother, or child (NOT
LESS THAN 3 DAYS), whether
legitimate or illegitimate, or a
legitimate other ascendant or
other descendant
(LEGITIMATE ONLY), or the
legitimate spouse, of the
accused.
Cases of parricide when the
penalty IS NOT be reclusion
perpetua to death:
• Parricide through
negligence
(Art. 365).
• Parricide by mistake (Art.
249).
• Parricide under exceptional
circumstances (Art. 247).
• The child should not be less
than 3 days old; otherwise
the
crime is infanticide (Art. 255)
BQ: Parricide with
unintentional abortion
ARTICLE 247. DEATH OR PHYSICAL
INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
1. That a legally married person or a
parent surprises his spouse or his
[daughter, (legitimate or
illegitimate) the latter under 18
years of age and living with him], in
the act of committing sexual
intercourse with another person;
2. That he or she kills any or both of
them, or inflicts upon any or both of
them any serious physical injury (if
less serious or slight=ABSOLUTORY
CAUSE), in the act or immediately
thereafter (discovery, escape,
pursuit and killing one continuous
act) (killing is proximate
result/direct by-product of his
outrage);
3. That he has not promoted or
facilitated the prostitution of
his wife or daughter, or that
he or she has not consented
to the infidelity of others.
US v. Alano – pursued lover but
failed, then killed wife at their house
People v. Rabandan – scolded wife,
wife attacked, killed wife in defense,
Art 247 NOT applicable
People v. Abarca – third persons
caught in the crossfire, not
criminally liable, only civil liability
CRIMES AGAINST PERSONS
ARTICLE 248. MURDER
Murder – unlawful killing of any
person which is not parricide or
infanticide, provided that any
of the following circumstances is
present:
1. With treachery,
2. taking advantage of superior strength,
3. with the aid of armed men, or
4. employs means to weaken the
defense, or of means or persons to
insure or afford impunity;
5. In consideration of a price, reward or
promise;
6. By means of inundation, fire, poison,
shipwreck, stranding of
a vessel, derailment or assault
upon a railroad, fall of an airship,
(INTENT TO KILL REQUIRED)
7. by means of motor vehicles, or with
the use of any other means involving
great waste and ruin;
8. On occasion of any calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic, or any other public
calamity;
9. With evident premeditation; (INTENT
TO KILL NOT REQUIRED) or
10. With cruelty, by deliberately and
Inhumanly augmenting the suffering
of the victim, or (VICTIM MUST BE
ALIVE)
11. Outraging or scoffing at his person or
corpse
Elements OF MURDER:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended
by any of the qualifying
circumstances mentioned in
Art. 248; and
4. That the killing is not parricide
or infanticide.
Rules for the application of the
circumstances which qualify
the killing to murder:
1. Only one circumstance will
qualify killing as murder
2. The rest of the attending
circumstances considered as
generic aggravating circumstances
EXCEPT when one circumstance is
absorbed in the qualifying
circumstance
4. The qualifying circumstances
must be alleged and proved
Treachery absorbs: Abuse of
superior strength, Aid of armed
men, By a band, Nighttime, Craft,
Age and Sex
ARTICLE 249. HOMICIDE
Elements:
1. That a person was killed;
2. That the accused killed him
without any justifying circumstance;
3. That the accused had the
intention to kill, which is presumed;
and
4. That the killing was not attended
by any of the qualifying
circumstances of murder, or by that
of parricide or infanticide.
CORPUS DELICTI
In all crimes against persons in
which the death of the victim is an
element of the offense, there must
be satisfactory evidence of:
(1) the fact of death and
(2) the identity of the victim.
ARTICLE 250. PENALTY FOR
FRUSTRATED PARRICIDE, MURDER,
OR HOMICIDE
• Courts may impose a penalty two
degrees lower for frustrated
parricide, murder or homicide.
• Courts may impose a penalty
three degrees lower for attempted
parricide, murder or homicide.
• This provision is permissive NOT
MANDATORY.
ARTICLE 251. DEATH CAUSED IN A
TUMULTUOUS AFFRAY
1. That there be several persons (AT LEAST 4)
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally (NOT GANGS/WELL-KNOWN
GROUPS=HOMICIDE)
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of
the affray (CAN BE BYSTANDER);
5. That it cannot be ascertained who actually
killed the deceased; and
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified (IF KILLER
KNOWN=HOMICIDE).
Persons liable:
1. The person or persons who inflicted the
serious physical injuries are liable.
2. If it is not known who inflicted the serious
physical injuries on the deceased – ALL the
persons who used violence upon the person
of the victim are liable, but with lesser
liability.
ARTICLE 252. PHYSICAL INJURIES INFLICTED
IN A TUMULTUOUS AFFRAY
1. That there is a tumultuous affray as
referred to in Art. 251;
2. That a participant or some participants
(NOT BYSTANDER) thereof suffer serious
physical injuries or physical injuries of a less
serious nature only (NO SLIGHT PHYSICIAL
INJURIES);
3. That the person responsible therefor
cannot be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.
ART 252 APPLIES WHEN NOBODY DIED
ARTICLE 253. GIVING ASSISTANCE TO
SUICIDE
Acts punished:
1. By assisting another to commit suicide,
whether the suicide is consummated or not;
2. By lending his assistance to another to
commit suicide to the extent of doing the
killing himself
A person who attempts to commit suicide is
not criminally liable.
EUTHANASIA – MURDER, person killed does
not want to die
ARTICLE 254 DISCHARGE OF FIREARMS
1. That the offender discharges a
firearm against or at another person; and
(x=Art 155 Alarms and Scandals) (even if the
gun was not pointed at the offended party
when it fired, as long as it was initially aimed
by the accused at or against the offended
party)
2. That the offender has no intention to
kill that person.(x=attempted or frustrated
parricide/ homicide/ murder) ((if aimed at
person but too distant, intent NEGATIVED by
distance=DISCHARGE ONLY)
3. The purpose of offender is only to
intimidate or frighten the offended party
Complex crime of illegal discharge of firearm
with serious or less serious physical injuries
(not slight)
ARTICLE 255 INFANTICIDE
Elements:
1. That a child was killed;
2. That the deceased child was less
than three days (72 hours) of age
(ABLE TO SUSTAIN INDEPENDENT
LIFE); (x=parricide/ murder/
abortion if the killer is the mother)
3. That the accused killed the said
child.
MITIGATING:
Offender is mother, maternal
grandparents to conceal dishonor
If accused is FATHER, MOTHER,
LEGITIMATE ASCENDANT = penalty
for parricide
OTHER PERSONS = penalty for
murder
ARTICLE 256 INTENTIONAL
ABORTION
Ways of Committing Intentional
Abortion:
1. By using any violence upon the
person of the pregnant woman;
2. By acting, without using
violence and without the consent
of the woman (by administering
drugs or beverages upon such
pregnant woman without her
consent; and
3. By acting, with the consent of
the pregnant woman, by
administering drugs or beverages.
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or
drugs or beverages administered,
or that the accused otherwise acts
upon such pregnant woman;
3. That as a result of the use of
violence or drugs or beverages
upon her, or any other act of the
accused, the fetus dies, either in
the womb or after having been
expelled therefrom; and
4. That the abortion is intended.
Person liable:
1. The person who intentionally
caused the abortion under Art.
256;
2. The pregnant woman if she
consented under Art. 258.
ARTICLE 257. UNINTENTIONAL
ABORTION
1. That there is a pregnant woman;
2. That violence is used upon
such pregnant woman without
intending an abortion;
3. That the violence is intentionally
exerted; and (if no intentional
violence=THREATS)
4. That as a result of the violence,
the fetus dies, either in the womb
or after having been expelled
therefrom
Unintentional abortion through
imprudence – People v Jose –
pregnant woman in a calesa figured
in an accident which resulted in
abortion)
Complex crime of homicide with
unintentional abortion – People v
Genoves, woman was beaten
resulting in premature delivery of
one of her twin babies, the other
not having been born because the
woman died. OR
Complex crime of parricide with
unintentional abortion – if
offender was the husband
No intention to cause abortion, no
violence = NO abortion of any kind.
ARTICLE 258. ABORTION
PRACTICED BY THE WOMAN
HERSELF OR HER PARENTS
1. That there is a pregnant woman
who has suffered an abortion;
2. That the abortion is intended;
3. That the abortion is caused by
a. The pregnant woman herself;
b. Any other person, with her
consent; (but liable under Art 256)
c. Any of her parents, with her
consent, for the purpose of
concealing her dishonor (not
mitigating unlike in infanticide)
ARTICLE 259. ABORTION
PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF
ABORTIVES
Elements:
1. That there is a pregnant
woman who has suffered an
abortion;
2. That the abortion is intended;
3. That the offender, who must be
a physician or midwife, causes,
or assists in causing the
abortion; and
4. That said physician or midwife
takes advantage of his or her
scientific knowledge or skill.
As to PHARMACISTS, the
ELEMENTS are:
1. That the offender is a pharmacist;
2. That there is no proper
prescription from a physician;
3. That the offender dispenses any
abortive.
ARTICLE 260. RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
Acts punished:
1. By killing one’s adversary in a
duel;
2. By inflicting upon such adversary
physical injuries;
3. By making a combat although no
physical injuries have been inflicted.
Persons liable:
1. The person who killed or
inflicted physical injuries upon his
adversary or both combatants in
any other case, as principals.
2. The seconds, as accomplices.
ARTICLE 261 CHALLENGING TO A
DUEL
Acts Punished
1. By challenging another to a duel;
2. By inciting another to give or
accept a challenge to a duel; and
3. By scoffing or decrying another
publicly for having refused to
accept a challenge to fight a duel.
Persons liable:
1. Challenger
2. Instigators
CRIMES OF PHYSICAL INJURIES
1. Mutilation. (Art. 262)
2. Serious physical injuries-Art 263
3. Administering injurious
substance or beverages. (Art. 264)
4. Less serious physical injuries-265
5. Slight physical injuries and
maltreatment. (Art. 266)
ARTICLE 262 MUTILATION
"Mutilation" means the lopping or
the clipping off of some part of the
body (BODY PART SEVERED/
REMOVED, NOT JUST INJURED)
Two kinds:
1. By intentionally mutilating
another by depriving him, either
totally or partially, of some
essential organ for reproduction
(CASTRATION).
Elements:
a. That there be castration, that is,
mutilation of organs necessary for
generation, such as penis or ovary
b. That the mutilation is caused
purposely and deliberately, that is,
to deprive the offended party of
some essential organ for
reproduction.
2. By intentionally making other
mutilation, that is, by lopping or
clipping off any part of the body of
the offended party, other than the
essential organ for reproduction,
to deprive him of that part of the
body (MAYHEM).
ARTICLE 263. SERIOUS PHYSICAL
INJURIES
How committed:
1. By wounding;
2. By beating;
3. By assaulting (263); or
4. By administering injurious
substance (264)
Serious physical injuries
1. When the injured person
becomes insane, imbecile,
impotent or blind (2 eyes injured)
2. When the injured person loses:
a. Speech or the
b. Power to hear (both ears), smell or
1 eye,
c. Hand, a foot, an arm, or a leg
(principal members);
d. The use of any such principal
member permanently; or
e. Becomes permanently
incapacitated for the work in which
he was therefore habitually engaged
3. When the person injured -
a. Becomes deformed, (PHYSICAL
UGLINESS, PERMANENT AND
DEFINITE ABNORMALITY,
CONSPICUOUS AND VISISBLE)
b. Loses any other member
c. Loses the use thereof, or
d. Becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged for
more than 90 days, in consequence
of the physical injuries inflicted.
4. When the injured person
becomes ill or incapacitated for
labor (ANY KIND OF LABOR) for
more than 30 days (but not more
than 90 days)
Qualifying Circumstances:
1. Offense committed against
persons enumerated in the crime
of parricide.
2. With the attendance of
circumstance which qualify the
crime to murder.
ARTICLE 264 ADMINISTERING
INJURIOUS SUBSTANCE OR
BEVERAGES
1. That the offender inflicted
upon another any serious physical
injury;
2. That it was done by knowingly
(X=NOT LIABLE) administering
(NOT THROWING) to him any
injurious substances or beverages
or by taking advantage of his
weakness of mind or credulity
(WITCHCRAFT, PHILTERS,
MAGNETISM);
3. That he had no intent to kill
(X=MURDER)
ARTICLE 265 LESS SERIOUS
PHYSICAL INJURIES
1. The offended party is
incapacitated for labor for 10 days
or more but not more than 30
days, or needs attendance for the
same period; and
2. The physical injuries must not be
those described in the preceding
articles.
Qualified Less Serious Physical
Injuries:
1. When:
a. There is manifest intent to
insult or offend the injured
person; or
b. There are circumstances
adding ignominy to the offense.
2. When the victim is either:
a. The offender’s parent,
ascendant, guardian, curator or
teacher; or
b. Persons of rank or persons in
authority, provided the crime is
not direct assault.
The law includes 2
subdivisions, to wit:
1. The inability for work; and
2. The necessity for medical
attendance
ARTICLE 266 SLIGHT PHYSICAL
INJURIES AND MALTREATMENT
Kinds:
1. Physical injuries which
incapacitated the offended
party from one to nine days, or
required medical attendance
during the same period;
2. Physical injuries which did
not prevent the offended
party from engaging in his
habitual work or which did not
require medical attendance; and
3. Ill-treatment of another by
deed without causing any injury.
(ex. slapping without dishonor)
Supervening event converting the
crime into serious physical injuries
after the filing of the information
for slight physical injuries can still
be the subject of a new amended
charge without violating double
jeopardy.
ART. 266-A ANTI-RAPE
LAW
Classification of Rape
1. Traditional Rape under Art.
335- carnal knowledge with a
woman against her will; in this case,
the offender is always a man and
the offended party is always a
woman.
2. Sexual Assault under R.A.
8353- this is 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. The
offender and the offender can
either be a man or a woman in the
case of the insertion of any
instrument or object.
ARTICLE 267 KIDNAPPING AND
RAPE BY SEXUAL INTERCOURSE
1. By a man who shall have carnal
knowledge of a woman under any
of the following circumstances:
a. Through force, threat or
intimidation;
b. When the offended party is
deprived of reason or otherwise
unconscious;
c. By means of fraudulent
machinations or grave abuse of
authority;
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.
Elements:
a. That the offender is a man;
b. That the offender had carnal
knowledge of a woman;
c. That such act is accomplished
under any of the following
circumstances:
i. By using force or intimidation, or
ii. When the woman is deprived
of reason or otherwise unconscious,
iii. By means of fraudulent
machination or grave abuse of
authority, or
iv. When the woman is under 12
years of age or demented.
ARTICLE 268 SLIGHT ILLEGAL DETENTION
RAPE BY SEXUAL ASSAULT
2. By any person who, under any
of the circumstances mentioned
in paragraph 1 hereof, shall
commit an act of sexual assault
by inserting his penis into
another person’s mouth or anal
orifice of another person, or any
instrument or object, into the
genital or anal orifice of another
person.
TN: Not insertion of instrument to
mouth only, must be genital or
anal
Elements:
a. That the offender commits an
act of sexual assault;
b. That the act of sexual assault
is committed by any of the
following means:
i. By inserting his penis into another
person’s mouth or anal orifice;
ii. By inserting any instrument
or object into the genital or anal
orifice of another person
c. That the act of sexual assault
is accomplished under any of
the circumstances enumerated
under the first act of committing
rape.
ARTICLE 269 UNLAWFUL
SERIOUS ILLEGAL DETENTION
Elements: (PICK)
1. That the offender is a private individual
(pubic officer with duty to detain=arbitrary
detention)
2. That he kidnaps or detains another, or in
any other manner deprives the latter of
his liberty;
3. That the act of detention or kidnapping
must be illegal;
4. That in the commission of the offense, any
Of the following circumstances is
present:
a. That the kidnapping or detention lasts for
more than 3 days; or
b. That it is by committed simulating public
authority; or
c. That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made; or
d. That the person kidnapped or detained
is a minor, female, or a public officer
KIDNAP FOR RANSOM – the four
circumstances above are NOT NECESSARY
If victim is taken just to kill him – murder
BQ: Kidnapping for ransom with homicide
although the killing be done by others, not by
the kidnappers
BQ: Kidnapping with homicide and rape –
Paco Larranaga case
Crimes of kidnapping of minors
Elements: (PIKO)
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in
any manner deprives him of his liberty;
3. That the act of kidnapping or detention is
illegal;
4. That the crime is committed without the
attendance of the circumstances
enumerated in Art. 267.
Liability is mitigated when the following
circumstances concur: (VOB)
1. Offender voluntarily releases the person so
kidnapped or detained within three days
from the commencement of the detention.
2. Without having attained the purpose
intended; and
3. Before the institution of criminal
proceedings against him.
Art. 271. Inducing a minor to abandon his
ARREST
1. That the offender (private person or public
officer) arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities (other
purpose=ILLEGAL DETENTION)
3. That the arrest or detention is
unauthorized by law (i.e. no warrant) or
there is no reasonable ground (invalid
warrantless arrest) therefor. (public officer
with authority to arrest but no legal ground =
ARBITRARY DETENTION)
If the public officer has no authority to arrest
and detain a person, or if he did not act in his
official capacity, he should be punished for
unlawful arrest
Arbitrary detention under Art. 124, if the
public officer has the authority to arrest and
detain a person, but the arrest is without
legal ground.
TN: Motive is controlling regardless of period
of detention. Don’t confuse with kidnapping
and other crimes depriving liberty
Crimes of slavery and servitude
(1) Kidnapping and failure to return a minor.
(Art. 270)
(2) Inducing a minor to abandon his home.
(Art. 271)
Art. 270. Kidnapping and failure to return a
minor.
Elements:
1. That the offender is entrusted with the
custody of a minor person (whether over or
under 7 years but less than 21 years of age).
2. That he deliberately fails to restore the said
minor to his parents or guardians.
GRAVAMEN: deliberate failure of the
custodian of such minor to restore the latter
to his parents or guardian
Reclusion perpetua except if offender is a
father or mother, only arresto mayor or fine.
267 v. 270 = Custody of minor entrusted in
270 but not in 267.
Crimes called abandonment of helpless
home.
Elements:
1. That a minor is living in the home of his
parents or guardian or the person entrusted
with his custody.
2. That the offender induces said minor to
abandon such home. (mere inducement)
Art. 276. Abandoning a minor
1. Slavery. (Art. 272)
2. Exploitation of child labor. (Art. 273)
3. Services rendered under compulsion in
payment of debt. (Art. 274)
Art 272. Slavery
Elements:
1. That the offender purchases, sells, kidnaps
or detains a human being.
2. That the purpose of the offender is to
enslave such human being.
Qualifying: Prostitution
Art. 273. Exploitation of child labor.
Elements:
1. That the offender retains a minor in his
service.
2. That it is against the will of the minor.
(with consent=no violation)
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor.
Art. 274. Services rendered under
compulsion in payment of debt.
Elements:
1. That the offender compels a debtor to
work for him, either as household servant or
farm laborer (exclusive to this positions, OW,
no violation).
2. That it is against the debtor's will.
3. That the purpose is to require or enforce
the payment of a debt.
Art. 277. Abandonment of minor by person Art. 278. Exploitation of minors.
persons and exploitation of minors
1. Abandonment of persons in danger and
abandonment of one's victim. (Art. 275)
2. Abandoning a minor. (Art. 276)
3. Abandonment of minor by person
entrusted with his custody; indifference of
parents. (Art. 277)
4. Exploitation of minors. (Art. 278)
Art. 275. Abandonment of persons in danger
and abandonment of one's own victim.
Acts punishable under Art. 275.
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in danger of
dying when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious
offense.
Elements:
a. The place is not inhabited;
b. The accused found there a person
wounded or in danger of dying;
c. The accused can render assistance without
detriment to himself;
d. The accused fails to render assistance.
2. By failing to help or render assistance to
another whom the offender
has accidentally wounded or injured.
3. By failing to deliver a child, under seven
years of age whom the offender has found
abandoned (OR LOST CHILD), to the
authorities or to his family, or by failing to
take him to a safe place.
Elements:
1. That the offender has the custody of a
child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when
the latter is abandoned. (x= murder,
parricide, infanticide)
Circumstances qualifying the offense.
1. When the death of the minor resulted
from such abandonment; or
2. If the life of the minor was in danger
because of the abandonment.
Intent to kill not presumed from death of
child, the presumption applies only in crimes
against persons.
entrusted with his custody; indifference of
parents
Acts punished:
1. By delivering a minor to a public institution
or other persons without the consent of the
one who entrusted such minor to the care of
the offender or, in the absence of that one,
without the consent of the proper
authorities.
Elements of abandonment of minor by one
charged with the rearing or education of
said minor.
a. That the offender has charge of the
rearing or education of a minor. (not
charged, not liable)
b. That he delivers said minor to a public
institution or other persons.
c. That the one who entrusted such child to
the offender has not consented to such act;
or if the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it.
2. By neglecting his (offender's) children by
not giving them the education which their
station in life requires and financial condition
permits.
Elements of indifference of parents:
a. That the offender is a parent.
b. That he neglects his children by not giving
them education.
c. That his station in life requires such
education and his financial condition permits
it.
Acts punished under this article:
1. By causing any boy or girl under 16 years of
age to perform any dangerous feat of
balancing, physical strength or contortion,
the offender being any person.
2. By employing children under 16 years of
age who are not the children or descendants
of the offender in exhibitions of acrobat,
gymnast, ropewalker, diver, or wild-animal
tamer, the offender being an acrobat,
etc., or circus manager or person engaged in
a similar calling.
3. By employing any descendant under 12
years of age in dangerous exhibitions
enumerated in the next preceding paragraph,
the offender being engaged in any of the said
callings.
4. By delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in paragraph 2, or to
any habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher or
person entrusted in any capacity with the
care of such child.
5. By inducing any child under 16 years of age
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 or
to accompany any habitual vagrant or
beggar, the offender being any person. (If no
purpose = Art 271 Inducing a minor to
abandon his home)
GRAVAMEN: exploitation of the minor must
be of such nature as to endanger his life or
safety
Art. 280. Qualified trespass to dwelling
Elements of trespass to dwelling.
1. That the offender is a private person.
(public officer = violation of domicile)
2. That he enters the dwelling of another.
3. That such entrance is against the latter's
will. (not just lack of consent, MUST BE
EXPRESSLY OR IMPLIEDLY PROHIBITED FROM
ENTERING)
GRAVAMEN: Invasion of privacy

QUALIFYING: Committed by means of

violence or intimidation (committed on
persons, does not refer to force upon things)
= Prohibition not required anymore

Lack of permission does not amount to

prohibition. - It is not necessary in the
ordinary life of men, in order to call at the
door of a house or to enter it, to obtain the
previous permission from the owner who
lives in it. With the utmost good faith, a
person, to whom entrance has not been
denied beforehand, may suppose that the
owner of the house has no objection to
receiving him in it. (People vs. Peralta)

All trespassers ordinarily have intention to

commit another crime, but if there is no
overt act of the crime intended to be
committed, the crime is only trespass to
dwelling.
 THREATS (Future and Conditional, may be in writing or through intermediary) AND COERCION (Immediate, Personal and Direct, hence not in writing or through intermediary)
ARTICLE 282. GRAVE THREATS Elements of Grave Threats ARTICLE 283. LIGHT THREATS ARTICLE 286. GRAVE COERCION PREVENTING is not Coercion:
Acts punished: where the offender attained (TNDA/N) Two Ways of Committing Grave • Under Art. 132: Public officer
1. By threatening another with his purpose: (TCDA) 1. That the offender makes a threat Coercion: (PC) prevents the ceremonies of a
the infliction upon his person, 1. That the offender threatens to commit a wrong; 1. By preventing another by means religious group.
honor, or property or that of his another person with the infliction 2. That the wrong does not of violence, threats or • Under Art. 143: A person prevents
family of any wrong amounting to a upon the latter’s person, honor or constitute a crime; intimidation, from doing the meeting of a legislative
crime and demanding money or property, or upon that of the 3. That there is a demand for something not prohibited by law. assembly.
imposing any other condition even latter’s family, of any wrong; money or that other condition is (Preventive) • Under Art. 145: When a person
though not unlawful, and the 2. That such wrong amounts to a imposed even though not unlawful; 2. By compelling another, by prevents a member of Congress
offender attained his purpose. crime; 4. That the offender has attained his means of violence, threats or from attending meetings,
(with condition, purpose attained) 3. That there is a demand for purpose or, that he has not attained intimidation, to do something expressing his opinions or casting
2. By making such threat without money or that any other condition his purpose. against his will, whether it be right his vote through the use of force or
the offender attaining his purpose. is imposed, even though not BLACKMAILING (Demand is ALWAYS or wrong. (Compulsive) intimidation.
(with condition, purpose not unlawful; for MONEY): Elements: (PCVN)
attained) 4. That the offender attains his Article 283 (light threat), if the 1. That a person prevented another COMPELLING is NOT Coercion:
3. By threatening another with the purpose. material is not defamatory from doing something not • Under Art. 127: When a public
infliction upon his person, honor or Article 356 (threatening to publish a prohibited by law (if prohibited= officer compels a person to change
property or that of his family of any Elements of Grave Threats NOT libel), if the threat is to publish physical injuries or unjust vexation), his abode
wrong amounting to a crime, the subject to a condition: (TCN) something defamatory) or by compelling him to do • Under Art. 267: When a person
threat not being subject to a 1. That the offender threatens something against his will, be it kidnaps his debtor to compel him to
condition. (without condition) another person with the infliction ARTICLE 285. OTHER LIGHT right or wrong; pay.
upon the latter’s person, honor, or THREATS (TOO) 2. That the prevention (preventive
Qualifying Circumstance: If property, or upon that of the 1. Threatening another with a act must not amount to self- BQ: If not a detention prisoner or
threat was made in writing or latter’s family, of any wrong. weapon, or drawing such weapon defense or defense of relatives or not validly arrested and then
through a middleman. 2. That such wrong amounts to a in a quarrel, unless it be in lawful strangers=no crime) or compulsion tortured to extort a confession:
crime. self-defense WEAPON NOT be effected by violence, threats or GRAVE COERCION compulsive NOT
Different crimes arising from 3. That the threat is not subject DISCHARGED (if discharged=illegal intimidation (threatens GREAT maltreatment of prisoners
intimidation to a condition. discharge or alarms and scandals) BODILY HARM).
1. Robbery, if the intimidation is 2. Orally threatening another, in the 3. That the person that restrained BQ: Distinguish Coercion and Illegal
immediate but conditional with ARTICLE 284. BOND FOR GOOD heat of anger, with some harm the will and liberty of another has Detention
demand for money or personal BEHAVIOR - When required: constituting a crime, without no right to do so (if there is RIGHT
property with intent to gain. 1. When he threatens another persisting in the idea involved in his TO DEMAND=intimidation must
2. Threat, if it is future or under the circumstances mentioned threat. reach a point that deprives the
conditional. in GRAVE THREAT. 3. Orally threatening to do another person coerced of freedom of will),
3. Coercion, if it is direct, 2. When he threatens another any harm not constituting a felony. or in other words, that the restraint
immediate, and personal or serious under the circumstances mentioned NOTE: NO DEMAND is not made under authority of law
enough like threatening with a in LIGHT THREAT. or in the exercise of any lawful
weapon without intent to gain right.
ART. 287 LIGHT COERCION
Two Ways:
1. When a creditor, by means of violence,
shall seize anything belonging to his debtor
for the purpose of applying the same to the
payment of the debt
2. Any other coercions or unjust vexations
First form (CSVP)
1. That the offender is a creditor;
2. That he seizes anything belonging to his
debtor;
3. Seizure is by means of violence or a display
of material force producing intimidation;
4. That the purpose is to apply the same to
the payment of the debt.
When property of a debtor is seized, what
crimes may result?
1. Light coercion, if by means of violence, the
property is applied to the debt. (Article 287)
2. Robbery, if the value of the property seized
is greater than the debt (intent to gain is
present) and violence or intimidation is used
3. Estafa, if there is no obligation on the part
of the offended, but was feigned; the deceit
caused damage to the offended.
TN other debt-related crimes:
Art 273. Exploitation of child labor,
Art. 274. Services rendered under
compulsion in payment of debt.
Second form: Unjust vexation – any form of
annoyance
1. Offender performs an act NOT productive
of physical or material harm (NOT destruction
of property=Malicious mischief)
2. Such act unjustly annoys or vexes,
torments, disturbs an innocent person (Must
not amount to DISHONOR=slander by deed)
Slapping a person or kissing a girl in public
can amount to:
1. Unjust vexation if the purpose is to annoy
the offended;
2. Maltreatment (slapping) if the purpose is
to injure;
3. Acts of lasciviousness (kissing) if with lewd
intent; or
4. Slander by deed if the purpose is to
humiliate the victim.
ARTICLE 290 DISCOVERING SECRETS ARTICLE 291 REVEALING SECRETS WITH
THROUGH SEIZURE OF CORRESPONDENCE ABUSE OF OFFICE (MLR)
(PSID) 1. That the offender is a manager, employee
1. That the offender is a private individual or or servant;
even a public officer not in the exercise of 2. That he learns the secrets of his principal
his official function; (not parents or or master in such capacity;
guardians, husband and wife living 3. That he reveals such secrets.
together=no liability)
2. That he seizes the papers or letters of ARTICLE 292 REVELATION OF INDUSTRIAL
Another (must be confidential, enclosed in SECRETS (MSRP)
envelop); (if not enclosed=no crime) 1. That the offender is a person in charge,
3. That the purpose is to discover the secrets employee or workman of a manufacturing or
of such other person; industrial establishment;
4. That the offender is informed of the 2. That the manufacturing/industrial
contents of the papers or letters seized. establishment has a secret of the industry
5. Whether or not the contents are revealed which the offender has learned;
(higher penalty if revealed) 3. That the offender reveals such secrets;
3. That prejudice is caused to the owner.
Qualifying Circumstance:
Offender reveals the contents of such paper
or letter of another to a third person.
What other crimes involving
correspondence may be committed?
1. Malicious mischief if the purpose is not to
know the contents but simply to destroy to
prevent the addressee from receiving it.
2. Arson if the mail matter is burned for the
value of the mail is irrelevant;
3. Estafa, under Article 315(3)(c) if the
offender knew that the addressee must
receive the mail, otherwise, the latter
will be prejudiced; e.g., pawnshop notices or
notice of disconnection of electric or water
service;
4. Qualified theft of mail matter if the
purpose is to take valuables inside the mail;
5. Infidelity in the custody of documents, if
the mail matter is officially entrusted to the
public officer for transmittal;

1. Robbery with violence against or
intimidation of persons (294)
2. Robbery by a band (295-96)
3. Attempted and frustrated
robbery with homicide (297)
4. Execution of deeds by means of
violence or intimidation (298)
5. Robbery by the use of force
upon things (299-303)
6. Possession of picklocks or similar
tools (304-5)
7. Brigandage (306-7)
8. Theft (308-11)
9. Usurpation (312)
10. Altering boundaries or
landmarks (313)
11. Culpable insolvency (314)
12. Swindling and other deceits
(315-8)
13. Chattel mortgage (319)
14. Arson and other crimes
involving destruction (320) and
15. Malicious mischief (327-23)
ARTICLE 293 WHO ARE GUILTY OF
ROBBERY
1. Any person who shall take any
personal property belonging
to another,
2. With intent to gain,
3. By means of:
a. violence against or
intimidation of any person, or
b. using force upon anything
INTIMIDATION - intense fear
produced in the mind of the victim
which restricts or hinders the
exercise of the will is sufficient.
Elements of Robbery in general:
1. That there be personal property
(bienes muebles) belonging to
another;
2. That there is unlawful taking
(apoderamiento or asportacion) of
that property;
3. That the taking must be with
intent to gain (animus lucrandi);
4. That there is violence against or
intimidation of any person or force
used upon things.
When both kinds of robbery are
present, the former shall prevail
over the latter.
Classification:
1. Robbery with violence against or
intimidation of persons
2. Robbery with force upon things
(means that offender must be able
to ENTER the building)
What crimes may result from
intimidation?
(a) Robbery under Article 294(5) if
the subject matter is personal
property and there is intent to gain
or animus furandi; or
(b) Grave coercion under Article
286 if such intent does not exist but
intimidation is is actual,
immediate and personal
(c) Grave threats if the intimidation
is conditional and not personal as
when there is an intermediary or is
writing.
CRIMES AGAINST PROPERTY
ARTICLE 294 ROBBERY WITH (e) Robbery in other cases or simple 3. The taking is done with animo
VIOLENCE AGAINST OR robbery where the violence against lucrandi; (if intent is to kill and the
INTIMIDATION OF PERSONS or intimidation of persons (less taking of a gun was to prevent
(a) Robbery with homicide; serious AND slight physical injuries) retaliation, the crimes are homicide
(b) Robbery with rape, with cannot be subsumed by, or where it AND theft) (if NO INTENT TO
intentional mutilation, or with is not sufficiently specified so as to GAIN=GRAVE COERCION)
serious physical injuries penalized fall under the first four paragraphs. 4. By reason of the robbery or on
in subdivision 1 of Article 263 the occasion thereof, homicide
(insanity, imbecility, impotency or The above order should be (used in its generic sense) is
blindness); observed. Thus, if both homicide committed. (regardless of: number
(c) Robbery with serious physical and rape are present, the crime is of persons killed, who is killed, who
injuries penalized in subdivision 2 robbery with homicide; the rape is was the intended victim, or the
of Article 263: NOT aggravating killing happened before, during or
When the injured person loses: after the taking; even if there was
a. Speech or the Robbery with homicide: rape)
b. Power to hear (both ears), smell 1. The taking of personal property
or 1 eye, (including illicit property) is Homicide includes the commission
c. Hand, a foot, an arm, or a leg
committed with violence or of murder, parricide, infanticide
(principal members);
d. The use of any such principal intimidation against persons and slight injuries during the
member permanently; or (violence present or used robbery but considered as
e. Becomes permanently immediately before or during the CRUELTY. Rape absorbed but
incapacitated for the work in which taking, otherwise THEFT except considered as IGNOMINY.
he was habitually engaged when killing occurred although the
(d) Robbery committed with taking was without violence, it ESSENCE: intimate connection
unnecessary violence or with becomes robbery with homicide); between robbery and the killing,
serious physical injuries covered by (INTIMIDATION must be ACTUAL whether the latter is prior or
subdivisions 3 and 4 of Article and IMMEDIATE. If CONDITIONAL subsequent to the former or
263; and or in the FUTURE=THREATS) (IF whether both crimes are committed
3. When the person injured - PARTED WITH MONEY at the same time. ALWAYS robbery
a. Becomes deformed, VOLUNTARILY and offender is with homicide if killing was to
b. Loses any other member public officer=BRIBERY) prevent identification
c. Loses the use thereof, or
2. The property taken belongs to AGGRAVATING: Dwelling
d. Becomes ill or incapacitated for
another(whether the person OTHER CRIMES ABSORBED:
the performance of the work in
which he was habitually engaged robbed is the owner or not); (even Detention (victims used as shield
for more than 90 days the owner may be the robber when from police, but not when used to
4. When the injured person becomes ill thing is taken from BAILEE) extort more money)
or incapacitated for labor (ANY KIND OF Article 295 and 296 does NOT
LABOR) for more than 30 days (but not QUALIFY the robbery, ONLY
more than 90 days) GENERIC AGGRAVATING
Robbery with Rape:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of
that property; (if taking merely
afterthought=THEFT) (if as
TOKEN=unjust vexation)
3. That the taking must be with
intent to gain (animus lucrandi);
4. That a person was raped (any
person, even one of the robbers)
5. That intent to take the personal
property PRECEDED the rape.
6. BOTH ROBBERY and RAPE must
be CONSUMMATED
Article 295 and 296 does NOT
QUALIFY the robbery, ONLY
GENERIC AGGRAVATING
Rape - Ignominy
ROBBERY WITH ARSON
1.That there be personal property
belonging to another;
2. That there is unlawful taking of
that property with intent to gain;
4. There must be violence and
intimidation upon persons first and
thereafter, a house was burned (if
no violence to persons, only force
upon things=robbery AND arson.
Arson is only to cover up the crime)
5. That intent to take the personal
property PRECEDED the ARSON.
5. That no killing, rape, or
intentional mutilation was
committed (x=arson only
aggravating)
Article 295 and 296 does NOT
QUALIFY the robbery, ONLY
GENERIC AGGRAVATING
Rape, homicide, robbery
1. If they raped, then killed the girl,
then robbed the place
(with force upon things), the crimes
are (1) rape with homicide, and (2)
robbery.
2. If they raped, then killed the girl
and took jewelry or other valuables
from her person (or without force
upon things), the crimes are (1)
rape with homicide, and (2) theft
because the dead can no longer be
intimidated.
3. If they robbed, then raped, then
killed her, robbery with homicide;
rape is absorbed. The same if they
raped, then robbed then killed her
as she was still alive when they
committed the robbery. Homicide
takes precedence over rape.
ROBBERY WITH MUTILATION
1.That there be personal property
belonging to another;
2. That there is unlawful taking of
that property;
3. That the taking must be with
intent to gain (animus lucrandi);
4. That intent to mutilate
accompanied the taking (if
mutilation only
INCIDENTAL=robbery with serious
physical injuries)
5. That MUTILATION and ROBBERY
are BOTH CONSUMMATED
Article 295 and 296 does NOT
QUALIFY the robbery, ONLY
GENERIC AGGRAVATING
ROBBERY WITH SERIOUS PHYSICAL
INJURIES under Para 2:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of
that property with intent to gain;
3. That physical injuries are inflicted
before or during the taking
4. That the physical injuries are
serious resulting in insanity,
imbecility; impotency or total
blindness
ROBBERY WITH SERIOUS PHYSICAL
INJURIES under Para 3 and 4:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of
that property with intent to gain;
3. That physical injuries are inflicted
before the taking
4. That the physical injuries are
serious resulting in either Art 263
para 2, or para 3 or para 4
5. That the physical injuries were
inflicted when robbery was NOT
YET CONSUMMATED (if inflicted
after=2 separate crimes: Simple
robbery under para 5 AND Serious
physical injuries)
6. That the physical injuries were
inflicted on the persons not
responsible for the crime (if robbers
were injured=NO robbery with
physical injuries
SIMPLE ROBBERY:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of
that property with intent to gain;
3. That physical injuries or
INTIMIDATION are inflicted before
or during the taking
4. That the physical injuries are less
serious or slight
SNATCHING:
Robbery if the snatcher employed
force more than necessary upon
the person whose valuables were
snatched; theft if no added force in
taking is employed except that
necessary to effect the snatching.
ARTICLE 295 Qualified Robbery
with Violence Against or
Intimidation of Persons:
Nos. 3, 4, and 5 of Article 294 if
committed:
1. In an uninhabited place
2. By a band; or
3. By attacking a moving train,
street car, motor vehicle, or airship;
4. By entering the passengers’
compartments in a train, or in any
manner taking the passengers
by surprise in their respective
conveyances;
5. On a street, road, highway, or
alley, and the intimidation is made
with use of firearms, the offender
shall be punished by the maximum
period or the proper penalties
prescribed in Art. 294.
ARTICLE 296. Definition of Band
and Penalty of Members
1. When at least four armed
malefactors take part in the
commission of a robbery, it is
deemed committed by a band.
2. When any of the arms used in
the commission of robbery is not
licensed, the penalty upon all
malefactors shall be the maximum
of the corresponding penalty
provided by law without prejudice
to the criminal liability for illegal
possession of firearms. (RA
10591=use of loose firearm
AGGRAVATING)
3. Any member by a band who was
present at the commission of a
robbery by the band, shall be
punished as principal of any
assaults committed by the band,
unless it be shown that he
attempted to prevent the same.
ARTICLE 297. ATTEMPTED AND
FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN
CIRCUMSTANCES
Special Complex Crime: When by
reason or on occasion of an
attempted or frustrated robbery
(only robbery with force upon
things), a homicide is committed.
(killing must not be punished with
higher penalty, otherwise= separate
crimes) (robber and killer must be
SAME PERSON )
The penalty is the same.
ARTICLE 298 EXECUTION OF DEEDS BY
MEANS OF VIOLENCE/ INTIMIDATION
1. That the offender has intent to
defraud another; (x=GRAVE
COERCION)
2. That the offender compels him to
sign (signature is genuine), execute, or
deliver any public instrument or
document; (document of conveyance
of thing of value, whether real or
personal property) (DOCUMENT must
NOT be void=GRAVE COERCION) (if
USURPED=Art 312)
3. That the compulsion is by means of
violence or intimidation. (if by means
of deceit or unfaithfulness=estafa)
OFFENDER is GUILTY of ROBBERY
ARTICLE 299. ROBBERY IN AN
INHABITED HOUSE/PUBLIC BUILDING
OR EDIFICE DEVOTED TO
WORSHIP (Subdivision A)
1. The offender (if family member or
servant, must use force, otherwise,
qualified theft) entered:
a. an inhabited house,
b. a public building or
c. an edifice devoted to religious
worship
2. There is entry of the WHOLE BODY
of offender (if only hand=theft)
3. The entrance was effected:
a. Through an opening not intended
for entrance or egress;
(CONSTRUCTIVE FORCE)
b. By breaking any wall, roof, floor,
door (outside door), or window;
(ACTUAL FORCE) (No force=theft)
c. By using false keys, picklocks or
similar tools; or
d. By using any fictitious name or
pretending the exercise of public
authority. (done BEFORE entering)
3. That once inside the building, the
offender took personal property
belonging to another with intent to
gain
(Subdivision B) (no forcible entry)
1. Offender is inside a dwelling
house, public building or edifice
devoted to religious worship,
regardless of the circumstances
under which he entered it.
2. The offender takes personal
property belonging to another with
intent to gain under any of the
following circumstances:
a. by the breaking of internal doors,
wardrobes, chests, or any other kind
of sealed furniture or receptacle
b. by taking such furniture or
objects away to be broken open
outside the place of the robbery (if
not broken outside=theft or estafa)
TAKING BY MEANS OF:
1. By entering whether constructive
or actual force
2. No force in entering BUT by
breaking walls, doors, and
receptacles while inside to
extract personal property
3. By taking furniture and
receptacles (locked or sealed) to be
broken outside
ARTICLE 300. ROBBERY IN AN
UNINHABITED PLACE AND BY A
BAND
Under this Article, Robbery with
Force Upon Things is qualified when
committed in an uninhabited place
AND by a band (concurring), as
distinguished from Qualified Robbery
with Violence or Intimidation of
Persons (Art. 295) which is
committed in an uninhabited place
OR by a band.
ARTICLE 301 WHAT IS AN INHABITED
HOUSE, PUBLIC BUILDING OR
BUILDING DEDICATED TO RELIGIOUS
WORSHIP AND THEIR
DEPENDENCIES
Inhabited house - any shelter, ship,
or vessel constituting the dwelling of
one or more persons, even though
the inhabitants thereof shall
temporarily be absent therefrom
when the robbery is committed
Dependencies of an inhabited house,
public building or building dedicated
to religious worship – all interior
courts, corrals, warehouses, granaries
or enclosed places (NOT ORCHARDS
or LANDS for CULTIVATION)
1. Contiguous to the building or
edifice,
2. Having an interior entrance
connected therewith, and
3. Which form part of the whole.
ARTICLE 302 ROBBERY IN AN
UNINHABITED PLACE OR IN A
PRIVATE BUILDING
1. That the offender entered an
uninhabited place or a building
which was not a dwelling house,
not a public building, or not an
edifice devoted to religious
worship;
2. That any of the following
circumstances was present:
a. The entrance was effected
through an opening not
intended for entrance or
egress;
b. A wall, roof, floor, or
outside door or window was
broken;
c. The entrance was effected
through the use of false keys,
picklocks or other similar tools
d. A door, wardrobe, chest, or
any sealed or closed furniture
or receptacle was broken; or
e. A closed or sealed
receptacle was removed, even
if the same be broken open
elsewhere;
3. That with intent to gain, the
offender took therefrom
personal property belonging to
another.
ARTICLE 303 ROBBERY OF
CEREALS, FRUITS, OR FIREWOOD
IN AN UNINHABITED PLACE
OR PRIVATE BUILDING
Penalty is 1 degree lower when
cereals, fruits, or firewood are
taken in robbery with force upon
things.
ARTICLE 304. POSSESSION OF
PICKLOCKS OR SIMILAR TOOLS
1. That the offender has in his
possession picklocks or similar
tools; (if used in
robbery=absorbed)
2. That such picklocks or similar
tools are specially adopted to the
commission of robbery;
3. That the offender does not
have lawful cause for such
possession.
ARTICLE 305 FALSE KEYS
Inclusions:
1. Tools not mentioned in the
next preceding article
2. Genuine keys stolen from the
owner
3. Any keys other than those
intended by the owner for use in
the lock forcibly opened by the
offender.
ARTICLE 306. BRIGANDAGE/ ROBBERY IN
THE HIGHWAY
1. There be at least four armed persons
2. They formed a band of robbers (MERE
FORMATION punished)
3. The purpose is any of the following:
a. To commit robbery in a highway
(PREDETERMINED VICTIM); or
b. To kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To attain by means of force or violence
any other purpose
GRAVAMEN – mere formation. If committed
– PD 532 is the crime if there are 4
malefactors)
Those who profit from loot liable under Art
307 or for fencing
Presumption of law as to brigandage:
All are presumed to be highway robbers or
brigands, if any of them carry unlicensed
firearm.
The only things to prove are:
1. That there is an organization of more
than three armed persons forming a band
of robbers;
2. That the purpose of the band is any of
those enumerated in Art. 306;
3. That they went upon the highway or
roamed upon the country for that purpose;
4. That the accused is a member of such
band.
TN: ROBBERY BY A BAND
P.D. 532 HIGHWAY ROBBERY
1. The robbery (ACT is COMMITTED) should
take place along the highway (any place used
by persons, vehicles, locomotives, trains for
movement or circulation of people or goods)
2. The act of robbery must be indiscriminate
(if only to commit PARTICULAR ROBBERY=
robbery or robbery in band if four), not an
isolated case; (PRIOR CONVICTION)
3. The victim was not predetermined or
against specific; intended or perceived
victims but against ANY and ALL prospective
victims.
4. Committed by one or more offenders who
commit such act with habituality, i.e.,
it is not an isolated case of robbery
Those who abet brigandage are accomplice
under Section 4 of PD 532.
ARTICLE 307 AIDING OR ABETTING A BAND
OF BRIGANDS
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands;
3. That the offender does any of the following
acts:
a. That he aids, abets, or protects such band
of brigands;
b. That he gives them information on the
movements of the police or other peace
officers of the government; or
c. That he acquires or receives property taken
by such brigands.
Whether the brigandage is under the RPC or
under P.D. 532, there is the crime of
abetting brigandage. However, under
P.D. 532, the offender is an accomplice.
ARTICLE 308 WHO ARE LIABLE FOR THEFT
1. That there be taking of personal property;
(Physical possession transferred=still THEFT)
(Juridical possession transferred=ESTAFA)
2. That said property belongs to another (N/A
to co-owners);
3. That the taking be done with intent to gain;
(pecuniary benefit or personal satisfaction/
gratification, joyride)
4. That the taking be done without the
consent of the owner;
5. That the taking be accomplished without
the use of violence against or intimidation of
persons or force upon things. (with VAIP or
FUT=robbery)
Theft is likewise committed by:
1. Any person (finder in fact and finder in law)
who, having found lost property, shall fail to
deliver the same to the local authorities (if
authorities appropriates=malversation) or to
its owner
2. Any person who, after having maliciously
damaged the property of another, shall
remove or make use of the fruits or object of
the damage caused by him; (originally
malicious mischief but becomes theft because
of the use) (EXCEPT LARGE CATTLE=CATTLE
RUSTLING under PD 533, punished with or
without intent to gain or use. If cattle merely
injured= malicious mischief)
3. Any person who shall enter an enclosed
estate or a field where trespass is forbidden
or which belongs to another and without the
consent of its owner; shall hunt or fish (NOT
FISHPOND) upon the same or shall gather
fruits, cereals, or other forest or farm products
(if COCONUT in PLANTATION=Qualified
Theft) (if NO taking= TRESPASS)
(If forest land = PD 705 Forestry Code)
ARTICLE 310 QUALIFIED THEFT
1. If theft is committed by a domestic
servant (even if no trust)
2. If committed with grave abuse of
confidence (EMPLOYEE who had FREE
ACCESS)
3. If the property stolen is (a) motor vehicle
(ALREADY CARNAPPING) , (b) mail matter
or (c) large cattle
4. If the property stolen consists of coconuts
taken from the premises (whether from tree
or fallen) of plantation.
5. If the property stolen is taken from a
fishpond or fishery (if fish taken from A
person who is in the fishpond or
fishery=SIMPLE THEFT)
6. If property is taken on the occasion of
fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident or
civil disturbance
ANTI-FENCING LAW - P.D. 1612
Elements:
1. Crime of robbery or theft (NOT ESTAFA =
OW, accomplice to estafa) has been
committed;
2. Accused, who is not a principal or
accomplice in the commission of the crime of
robbery or theft, buys, receives,
possesses, keeps, acquires, conceals,
sells, or disposes of, or shall buy and sell, or
in any other manner deal any article, item,
object or anything of value
3. Accused knows or should have known that
said article, item, object or anything of value
has been derived from the proceeds of theft
or robbery;
4. Accused has intent to gain for himself or
another
Secondhand articles
1. Any person dealing in the buy and sell of
any good, article item, object of anything of
value obtained from an unlicensed dealer or
supplier thereof who fails to secure the
clearance or permit required by Section 6 of
P.D. 1612
Presumption of Fencing.
· Mere possession of any good, article, item,
object, or anything of value which has been
the subject of robbery or thievery shall be
prima facie evidence of fencing.
Fencing not a continuing offense, the
offender may be prosecuted at the place
where he took hold of the property and not
at the place of the commission of the theft
or robbery.
Distinction: Accessory to theft or robbery v.
a Fence (as to Penalty)
ARTICLE 311. THEFT OF THE PROPERTY OF
THE NATIONAL LIBRARY AND NATIONAL
MUSEUM
Theft of property on National Library and
Museum has a fixed penalty regardless of its
value. But if the crime is committed with
grave abuse of confidence, the penalty for
qualified theft shall be imposed, because
Art 311 says “unless a higher penalty should
be provided under the provisions of this
Code.”
Circumstances that qualify theft:
1. PERSONAL – domestic servant, grave
abuse of confidence
2. OBJECT TAKEN:
- Coconuts from a plantation
- Fish from a fishpond
- Motor vehicle
- Large cattle
- Mail matter with intent to gain (x = estafa
Art 315 (3)(c), revelation and discovery of
secrets Art 290)
3. CIRCUMSTANCES DURING TAKING – on
occasion of calamity and misfortune
ARTICLE 312 OCCUPATION OF REAL ARTICLE 313. ALTERING BOUNDARIES OR
PROPERTY OR USURPATION OF REAL LANDMARK
RIGHTS IN PROPERTY 1. That there be boundary marks or
1. That the offender takes possession of any monuments of towns, provinces, or estates,
real property or usurps any real rights in or any other marks intended to designate the
property; boundaries of the same;
2. That the real property or real rights belong 2. That the offender alters said boundary
to another; marks.
3. That violence against or intimidation of
persons is used by the offender in occupying ARTICLE 314. FRAUDULENT INSOLVENCY
real property or usurping real property or 1. That the offender is a debtor (IF
usurping real right in property; (victim of MERCHANT, penalty is HIGHER) , that is,
violence not necessarily the owner) he has obligations due and demandable;
4. That there is intent to gain. 2. That he absconds (CONCEALS) with his
property;
Acts punishable under Article 312: 3. That there be prejudice to his creditors (TO
1. By taking possession of any real property AVOID PAYMENT OF LEGAL DEBT).
belonging to another by means of violence
against or intimidation of persons.
2. By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons.
Single but two-tiered penalty:
1. The penalty for the acts of violence
(homicide, rape, mutilation, physical injuries,
coercion or threats), AND
2. The penalty of fine for the usurpation.

ARTICLE 315 SWINDLING/ ESTAFA
Elements in general:
1. That the accused defrauded another
by abuse of confidence, or by means of
deceit;
2. That the damage or prejudice capable of
Pecuniary estimation is caused to the
offended party or third persons.
3. Fraud be committed by any of the
following means:
1. With unfaithfulness or abuse of
confidence
2. By false pretenses or fraudulent acts
executed prior to or simultaneously
with the commission of the fraud
3. Through fraudulent means
TWO forms or ways of committing estafa:
1. With abuse of confidence or unfaithfulness
under no. 1 of Article 315; and
2. Through deceit or false pretense in nos. 2
and 3 thereof with damage in either case.
Damage or prejudice may consist of:
1. Offended party being deprived of
his money or property as a result of the
defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
SWINDLING AND OTHER DECEITS
I.
Estafa with
Unfaithfulness or
Abuse of Confidence
Altering substance, quantity, quality
Misappropriation or conversion
Taking advantage of signature in blank
A. Estafa with unfaithfulness (Article
315, No. 1-A)
a. By altering the substance, quantity, or
quality of anything of value which the
offender shall deliver by virtue of an
obligation to do so, even though such
obligation be based on an immoral or illegal
consideration;
1. That the offender has an onerous
obligation to deliver something of value; (if
the thing was not fully or partially paid for by conversion or denial is to the prejudice of
offender=NOT LIABLE)
2. That he alters its substance, quantity
or quality (there must be agreement as to
quality); (if FOOD = also a violation of PURE
FOOD LAW)
3. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons
B. Estafa with abuse of confidence. Article C. Estafa by taking undue advantage of
315 No.1-B) the signature in blank (Article 315, No. 1-C)
1. That money, goods, or other personal 1. That the paper with the signature of the
property be received by (JURIDICAL offended party be in blank;
POSSESSION TRANSFERRED) the offender in 2. That the offended party should have
trust, or on commission, or for delivered it to the offender;
administration (FIDUCIARY RELATIONS), or 3. That above the signature of the
under any other obligation involving the offended party a document is written
duty to make delivery of, or to return , the by the offender without authority to do so;
same; (RETURN THE SAME THING RECEIVED) 4. That the document so written creates a
2. That there be misappropriation or liability of, or causes damage to the
conversion of such money (includes checks) offended party or any third person.
or property by the offender, or denial on his
part of such receipt; (OFFENDER MUST
PERSONALLY BENEFIT, not others, EXPN:
CONSPIRACY. Ex. sub-agent) (CANNOT BE
COMMITTED BY NEGLIGENCE)
3. That such misappropriation or
another;
4. That there is demand made by the
offender party to the offender. (not
necessary when there is clear evidence of
misappropriation)
Offenders: commission agent, possession of
tenant as against the landlord; borrower as
against the lender in commodatum; the
lessee v. the lessor

SPECIAL LAWS
PD 115 – Trust Receipt Law

NO ESTAFA:
Money market trx – Sesbreno v. CA
Contract of Loan
Contract of Sale on Installment
 II.
Estafa by Means of
Deceit (Article 315, No. 2)
Fictitious name or falsely pretend to possess
Altering pertaining to his business
Pretend to have bribed
Postdated or issued a check
Food, refreshment, hotel
ELEMENTS:
1. That there must be false pretense,
fraudulent act or fraudulent means;
2. That such false pretense, act or
fraudulent means must be made or
executed prior to or simultaneously with
the commission of fraud.
3. That the offended party must have
relied on the false pretense, fraudulent
act, or fraudulent means, that is, he
was induced to part with his money or
property because of fraudulent means;
4. That as a result thereof, the offended
party (MUST BE THE COMPLAINANT) suffered
damage.
Ways of commission: A. Art. 315 No. 2 (A):
1. By using a fictitious name.
2. By falsely pretending to possess:
(a) power, (b) influence, (c) qualifications,
(d) property, (e) credit, (f) agency, (g)
business or imaginary transactions.
3. By means of other similar deceits.
SPECIAL LAW: RA 8042 – Illegal Recruitment
B. Art. 315 No. 2 (B)
By altering, the quality, fineness or weight
of
anything pertaining to his business
C. Art. 315 No. 2 (C)
By pretending to have bribed any
Government employee
D. Art. 315 No. 2 (D)
1. That the offender postdated a check,
OR issued a check in payment of an
obligation (issued concurrently with, and in
exchange for, a material gain) (the issuance
of the check only is itself the immediate
consideration for the reciprocal receipt of
benefits) (if for PRE-EXISTING OBLIGATION =
BP 22)
2. That such postdating or issuing a check
was done when the offender had no funds
in the bank, or his funds deposited
therein were not sufficient to cover the
amount of the check
E. Art. 315, No. 2(E)
1. By obtaining food, refreshment or
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying thereof, with intent to
defraud the proprietor or manager thereof
2. By obtaining credit at any of the said
establishments by the use of any false
pretense
3. By abandoning or surreptitiously
removing any part of his baggage from any
of the said establishment after obtaining
credit, food, refreshment or accommodation
therein, without paying therefor.
BOUNCING CHECKS LAW (B.P. Blg. 22)
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check
knowing at the time of issue that he does
not have sufficient funds.
Elements:
1. That a person (ALSO OWNER of the
ACCOUNT, OW no estafa, P. v. Gulion UNLESS
conspiracy) makes or draws and issues (NOT
ENDORSER) (CONTINUING OFFENSE) any
check to apply on account or for value.
2. That the person knows that at the time
of issue he does not have sufficient funds
or credit with the drawee bank for the
payment of such check upon its presentment
3. That the check is subsequently dishonored
by the drawee bank for insufficiency of funds
or credit, or would have been dishonored for
the same reason had not the drawer,
without any valid reason, ordered the bank
to stop payment.
B. Failing to keep sufficient funds to
cover the full amount of the check.
1. That a person has sufficient funds with
the drawee bank when he makes or
draws and issues a check
2. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount
if presented within a period of 90 days
from the date of appearing thereon.
3. That the check is dishonored by the
drawee bank
GRAVEMEN or Requisites for Criminal
Liability under BP 22:
1. A person makes, draws or issues a check as
payment for account or for value.
2. That the check was dishonored by the
bank due to a lack of funds, insufficiency of
funds or account already closed.
3. The payee or holder of such check gives a
Written (NOT VERBAL) notice of dishonor
and demand
for payment.
4. That the maker, drawer or issuer, after
receiving such notice and demand, refuses
or fails to pay the value of the check
within FIVE BANKING DAYS.
Requisites for the presumption of
knowledge of insufficiency of funds upon
DISHONOR
(a) The check is presented to the bank within
90 days from the date of the check (CHECK
BECOMES STALE AFTER SIX MONTHS, if
presentment after 90 days, no presumption);
(b) The drawer or maker receives notice that
such check has not been paid by the bank;
(c) The drawer or maker fails to pay the
holder of the check the amount due thereon,
or make arrangements for payment in full
within five banking days after receiving
notice that such check has not been paid by
the drawee.
 III.
Estafa Through the
Following Means
A. Estafa by inducing another to sign any
document (Article 315 No. 3A)
1. That the offender induced the offended
party to sign a document;
2. That deceit be employed to make
him sign the document;
2. That the offended party personally
signed the document;
3. That prejudice be caused.
B. Estafa by resorting to some fraudulent
practice to insure success in gambling
(Article 315 No. 3B)
C. Estafa by removing, concealing or
destroying documents (Article 315 No. 3C)
1. That there be court record, office files,
documents or any other papers;
2. That the offender removed, concealed
or destroyed any of them;
3. That the offender had intent to defraud
another.
ARTICLE 316 OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the
owner of any real property, shall convey, sell,
encumber or mortgage the same.
a. That the thing be immovable, such as a
parcel of land or a building; (property must
actually exist)
b. That the offender who is not the owner of
said property should represent that he is
the owner thereof
c. That the offender should have executed
an act of ownership (selling, leasing,
encumbering or mortgaging the real
property);
d. That the act be made to the prejudice of
the owner or a third person
2. Any person who, knowing that real
property is encumbered, shall dispose of the
same, although such encumbrance be not
recorded.
a. That the thing disposed of be real
property.
b. That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
(principle of constructive notice does not
apply)
c. That there must be express representation
(in the deed of conveyance) by the offender
that the real property is free from
encumbrance. (FALSE WARRANTY)
d. That the act of disposing of the real
property be made to the damage of another.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
a. That the offender is the owner of personal
property;
b. That said personal property is in the
lawful possession of another;
c. That the offender wrongfully takes it from
its lawful possessor; (if from unlawful
possessor, Article 429 of the Civil Code
applies)
d. That prejudice is thereby caused to the
possessor or third person.
EX. Contract of pledge – pledger borrows
thing pledged but does not return it nor pay
the debt.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation for services not rendered or
for labor not performed.
6. Any person who shall sell, mortgage or
encumber real property with which
the offender guaranteed the fulfillment of
his obligation as surety.
a. That the offender is a surety in a bond
given in a criminal or civil action;
b. That he guaranteed the fulfillment of such
obligation with his real property or
properties;
c. That he sells, mortgages, or, in any
manner encumbers said real property;
d. That such sale, mortgage or
encumbrance is (1) without express
authority from the court, or (2) made before
the cancellation of his bond, or (3) before
being relieved from the obligation contracted
by him.
SYNDICATED ESTAFA
Pres. Decree 1689 - comprised of five (5) or
more persons committing the estafa or
other forms of swindling defined in Arts. 315
and 316 of the Revised Penal Code
ARTICLE 317. SWINDLING A MINOR
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor;
2. That he induces such minor to assume an
obligation, or to give release, or to execute
a transfer of any property right;
3. That the consideration is some loan of
money, credit, or other personal property; (if
real property, Article 318 applies; minor
cannot convey real property without
judicial authority)
4. That the transaction is to the detriment of
such minor
Art. 318. OTHER DECEITS
Other deceits are:
1. By defrauding or damaging another by any
other deceit not mentioned in the preceding
articles.
Ex. Double sale of property by its owner or
possessor to the damage and prejudice of the
buyer who did not register the property or
first took possession thereof.
2. By interpreting dreams, by making
forecasts, by telling fortunes, or by taking
advantage of the credulity of the public in
any other similar manner, for profit or gain.
ARTICLE 319. REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY Acts punishable:
A. Removal of Mortgaged Property
By knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city
other than the one in which it is located at
the time of execution of the mortgage,
without the written consent of the
mortgagee or his executors, administrators or
assigns.
Elements:
1. That personal property is mortgaged
under Chattel Mortgage Law; (not registered
= NOT LIABLE)
2. That the offender (mortgagor, ANY
PERSON) knows that such property is so
mortgaged;
3. That he removes such mortgaged personal
property to any province or
city other than the one in which it was
located at the time of the execution of the
mortgage; (Transfer due to change of
address not LIABLE)
4. That the removal is permanent;
5. That there is no written consent of
mortgagee, executors, administrators or
assigns to such removal. (BUT if collection
suit is filed, mortgage is abandoned and
removal is NOT a violation)
THE LAW PROTECTS MORTGAGEE
B. Sale or Pledge of Mortgaged Property
By selling or pledging personal property
already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of
the register of deeds of the province where
such property is located.
Elements:
1. Personal property is pledged under
Chattel Mortgage Law;
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof; (second mortgage included)
3. No consent of mortgagee written on
the back of the mortgage and noted
on the record thereof in the Office of the
Register of Deeds.
Consent:
(1) in writing,
(2) on the back of the mortgage, and
(3) noted on the record thereof in the
office of the register of deeds
THE LAW PROTECTS THE BUYER
 ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS - ARTICLE 320-326- B REPEALED BY PD 1613
PD 1613- AMENDING THE LAW ON ARSON There is also Destructive Arson: (Art. Other cases of Arson: (Sec. 3, PD 1613) Prima facie evidence of Arson (Sec. 6,
Kinds of Arson: 320) Burning of: PD 1613):
1. Simple Arson (Sec. 1, PD No. 1613) 1. When the arson is committed by 2 1. Any building used as offices of the 1. If the fire started simultaneously in more
2. Destructive arson (Art. 320, as amended by RA or more persons, regardless of Government or any of its agencies. than one part of the building/ establishment.
No. 7659) whether their purpose is merely to 2. Any inhabited house or dwelling. 2. If substantial amount of flammable
3. Other cases of arson (Sec. 3, PD 1613) burn or destroy the building or the Elements: substances or materials are stored within the
burning merely constitutes an overt a. There is intentional burning; and building not of the offender nor for the
Simple Arson – when any person burns or sets fire act in the commission of another b. What is intentionally burned is an household.
to the property of another (NOT INCLUDED IN ART violation of the law inhabited house or dwelling. 3. If gasoline, kerosene, petroleum or other
320), or his own property under circumstance which 2. When any person shall burn: 3. Any industrial establishment, shipyard, flammable or combustible substances or
expose to danger the life or property of another. a. Any arsenal, shipyard, storehouse or oil, well or mine shaft, platform or tunnel. materials soaked therewith or containers
(Sec. 1, PD 1613) (Can be committed by military powder or fireworks factory, 4. Any plantation, farm, pasture land, thereof, or any mechanical, electrical,
NEGLIGENCE) ordnance, storehouse, archives or growing crop or grain field, orchard, bamboo chemical, or electronic contrivance designed
general museum of the Government. grove or forest. to start a fire, or ashes or traces of any of
ART 320 – DESTRUCTIVE ARSON (Heinous crime) b. In an inhabited place, any 5. Any rice mill, sugar mill, cane mill, or mill the foregoing are found in the ruins or
1. One (1) or more buildings or edifices, consequent storehouse or factory of inflammable central. premises of the burned building or property.
to one single act of burning, or as a result of or explosive materials. 6. Any railway or bus station, airport, wharf, 4. If the building or property is insured for
simultaneous burnings, committed on several or or warehouse. substantially more than its actual value at
different occasions. 1. Murder — the use of fire was the time of the issuance of the policy.
2. Any building of public or private ownership, chosen primarily to kill or body burned Special Aggravating Circumstance on Arson 5. If during the lifetime of the corresponding
devoted to the public in general or where people to scoff at the corpse (Sec. 4, PD 1613): fire insurance more than two fires have
usually gather or congregate for a definite purpose 2. Arson and murder/homicide — 1. If committed with intent to gain. occurred in the same or other premises
or where the gathering is merely incidental to a when the murder/ homicide has 2. If committed for the benefit of another. owned or under the control of the offender
definite purpose, regardless of whether the offender already been consummated and the 3. If the offender be motivated by spite or and /or insured.
had knowledge that there are persons in said house was burned to conceal the hatred towards the owner or occupant of the 6. If shortly before the fire, a substantial
building or edifice at the time it is set on fire and killing. property burned. portion of the effects insured and stored in a
regardless also of whether the building is actually 3. Arson - When a house was burned 4. If committed by a syndicate - planned or building or property had been withdrawn
inhabited or not. but there was a person inside who carried out by three or more persons from the premises except in the ordinary
3. Any train or locomotive, ship or vessel, airship or was killed course of business.
airplane, devoted to transportation or conveyance, 7. If a demand for money or other valuable
or for public use, entertainment or leisure. consideration was made before the fire
4. Any building, factory, warehouse installation and in exchange for the desistance of the
any appurtenances thereto, which are devoted to offender or for the safety of the person or
the service of public utilities. property of the victim.
5. Any building the burning of which is for the
purpose of concealing or destroying evidence of
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to
collect from insurance.
MALICIOUS MISCHIEF
1. Special cases of malicious mischief. (Art.
328)
2. Other mischiefs. (Art. 329)
3. Damage and obstruction to means of
communication. (Art. 330)
4. Destroying or damaging statues, public
monuments or paintings. (Art. 331)
ARTICLE 327 MALICIOUS MISCHIEF
1. That the offender deliberately (Not
NEGLIGENTLY) caused damage (not damage
RESULTING FROM ANOTHER CRIME) to the
property (Large cattle TAKEN OR KILLED =
CATTLE RUSTLING unless ONLY INJURY is
caused = MALICIOUS MISCHIEF) of another;
(NO MALICE = civil liability only)
2. That such act does not constitute arson or
other crimes involving destruction;
3. That the act of damaging another’s
property be committed merely for the sake of
damaging it. (hate, revenge or other evil
motive)
ARTICLE 328. SPECIAL CASES OF MALICIOUS
MISCHIEF (When Qualified)
1. Causing damage to obstruct the
performance of public functions; (without
public and tumultuous uprising, OW = sedition)
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion
among cattle;
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
MALICIOUS MISCHIEF
ARTICLE 329 OTHER MISCHIEFS ARTICLE 332 PERSON EXEMPT FROM
Mischiefs not included in the next CRIMINAL LIABILITY
preceding article and are punished Crimes involved in the exemption:
according to the value of damage caused. 1. Theft including qualified theft but not
(Other mischiefs if value cannot be robbery.
estimated) 2. Estafa but if complexed with other crimes,
e.g., falsification of commercial documents,
ARTICLE 330 DAMAGE AND OBSTRUCTION there is no exemption = liable for falsification
TO MEANS OF COMMUNICATION only
Person liable: Any person who shall 3. Malicious mischief. The destruction must
damage any railway, telegraph or not be by means of fire because burning of
telephone lines (pertaining to railway property of whatever value is arson, hence,
system). (NOT REMOVE RAILS = crime the exemption will not lie.
involving destruction under Art. 324)
Persons exempted DUE TO PRESUMED CO-
Qualifying circumstance: Damage shall OWNERSHIP:
result in the derailment of cars, collision or 1. Spouses, ascendants and descendants, or
other accident (CONSEQUENT to the relatives by affinity on the same line.
damage to railway, telegraph or telephone 2. The widowed spouse with respect to the
lines) property which belonged to the
deceased spouse before the same shall
NO INTENT TO KILL = "damages to means have passed to the possession of another.
of communication" with homicide Requisites:
WITH INTENT TO KILL = murder (1) the property belongs to the deceased
spouse; and
(2) it has not passed into the possession of a
ARTICLE 331 DESTROYING OR DAMAGING third person.
STATUES, PUBLIC MONUMENTS OR 3. Brothers and sisters and brothers in law
PAINTINGS and sisters in law, if living together (at time
Persons liable: of commission of the offense).
1. Any person who shall destroy or damage 4. Stepfather, adopted father, natural
statues or any other useful or ornamental children, concubine, paramour included as
public monuments. ascendants by affinity.
2. Any person who shall destroy or damage
any useful or ornamental painting BUT CIVIL LIABILITY RESULTS
promenade, or any other thing used in
common by the public.
(1) Adultery. (Art. 333)
(2) Concubinage. (Art. 334)
(3) Acts of lasciviousness. (Art. 336)
(4) Qualified seduction. (Art. 337)
(5) Simple seduction. (Art. 338)
(6) Acts of lasciviousness with the
consent of the offended party. (Art.
339)
(7) Corruption of minors. (Art. 340)
(8) White slave trade. (Art. 341)
(9) Forcible abduction. (Art. 342)
(10) Consented abduction. (Art. 343)
Crimes against Chastity where age
and reputation of the victim are
immaterial:
1. Acts of lasciviousness against the
will of the offended party or against
a sister or descendant.
2. Qualified Seduction of sister or
descendant.
3. Forcible Abduction.
AGE:
1. Under 12 w/ sex =RAPE, no
sex=AOL
2. Exactly 12 with consent thru
cajolery or deceit = Child abuse law
3. Over 12-18:
- AOL with consent
- Qualified or simple seduction
- Consented abduction
- No allegation of prostitution,
sexual abuse, or induced, forced,
intimidated or moral ascendancy
exerted and there is consent = NO
of a public nature.
ARTICLE 333 ADULTERY
Who are liable?
1. The married woman who
engages in sexual intercourse
with a man not her husband.
2. The man who, knowing of
the marriage of the woman,
has sexual intercourse with
her.
Elements:
1. That the woman is married;
2. That she has sexual
intercourse with a man not her
husband;
3. That as regards the man with
whom she has sexual
intercourse, he must know her
to be married.
CRIMES AGAINST CHASTITY
ARTICLE 334 CONCUBINAGE
Who are liable?
1. The married man
2. The woman who knew that the
man was married.
Elements:
1. That the man must be married;
2. That he committed any of the
following acts:
a. Keeping a mistress in the
conjugal dwelling (mistress must
live therein as such);
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife (proof
of actual sexual relations not
required as long as it can be
inferred);
c. Cohabiting with her in any other
place (as husband and wife);
3. As regards to the woman, she
must know him to be married.
ARTICLE 336. ACTS OF
LASCIVIOUSNESS
1. That the offender commits any act
of lasciviousness or lewdness;
2. That the act of lasciviousness is
committed against a person of either
sex;
3. That it is done under any of the
following circumstances:
a. By using force 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
d. When the offended party is under
12 years of age or is demented.
RAPE WITHOUT SEXUAL
INTERCOURSE
ARTICLE 339. ACTS OF
LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED
PARTY
1. That the offender commits acts of
lasciviousness or lewdness;
2. That the acts are committed upon a
woman who is a virgin or single or
a widow of good reputation, 1. under
18 years of age but over 12 years,
or a 2. sister or descendant
regardless of her reputation or age;
3. That the offender accomplishes the
acts by abuse of authority, confidence,
relationship or deceit.
RA 7610 - Acts of lasciviousness with a
minor is child abuse. To prosecute,
must prove Art 339 and sexual abuse
under Section 5, RA 7610.
CRIME
ARTICLE 337 QUALIFIED
SEDUCTION
Two classes:
1. Seduction of a virgin over 12
years and under 18 years of
age by persons who abuse their
authority or the confidence
reposed.
2. Seduction of a sister by her
brother or descendant by her
ascendant, regardless of her age
and reputation.
Elements:
1. That the offended party is a
virgin; (PRESUMED virgin if
unmarried and good reputation)
2. She must be over 12 (if under 12
= RAPE) and under 18 years of age;
3. That the offender had sexual
intercourse with her;
4. That there is abuse of authority,
confidence or relationship on the
part of the offender.
GRAVAMEN = Wrong done to the
woman
The following are the OFFENDERS:
1. Those who abused their
authority:
a. Persons in public authority
b. Guardian
c. Teacher (elementary or
highschool)
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced
2. Those who abused confidence
reposed in them:
a. Priest
b. House servant
c. Domestic (any person living
under the same roof)
3. Those who abused their
relationship: (INCEST)
a. Brother who seduced his sister
b. Ascendant who seduced his
descendant
ARTICLE 338 SIMPLE
SEDUCTION
1. That the offended party is over
12 and under 18 years of age;
2. That she must be of good
reputation, single or widow;
3. That the offender has sexual
intercourse with her;
4. That it is committed by means of
deceit.
ARTICLE 340 CORRUPTION OF
MINORS (AS AMENDED BY BP 92)
Prohibited acts – to promote or
facilitate the prostitution or
corruption of persons under age to
satisfy the lust of another (NOT
CORRUPTOR’S LUST).
(R.A. 7610 – Child prostitution and
attempt to commit child
prostitution) Sec. 5. Child
Prostitution and other Sexual Abuse
– Children whether male or female,
who for money, profit or other
consideration or due to the
coercion or influence of any adult
syndicate or group, indulge in
sexual intercourse or lascivious
conduct are deemed to be children
exploited in prostitution and other
sexual abuse.
ARTICLE 341 WHITE SLAVE TRADE
Prohibited acts:
1. Engaging in the business of
prostitution;
ABDUCTION
Two Kinds of Abduction: ARTICLE 343 CONSENTED
1. Forcible abduction (Art. 342) ABDUCTION
2. Consented abduction (Art. 343) Elements:
1. That the offended party must be
ARTICLE 342. FORCIBLE a virgin;
ABDUCTION 2. That she must be over 12 and
1. That the person abducted is a under 18 years if age;
woman; regardless of her age, 3.. That the taking away of the
civil status, or reputation; offended party must be with her
2. That the abduction is against her consent, after solicitation or
will; cajolery from the offender;
3. That the abduction is with lewd 3. That the taking away of the
design. (with sex = forcible offended party must be with lewd
abduction with rape) (SUBSEQUENT design.
RAPES=SEPARATE COUNTS OF GRAVAMEN = the alarm and
RAPE) disturbance to the parents and the
family of the victim and the
"Lewd" means obscene, lustful, infringement of their rights.
indecent, lascivious, lecherous. It Consented abduction v. Simple
signifies that form of immorality seduction
which has relation to moral Simple seduction - original intent
impurity; or that which is carried on was to induce the woman to sexual
in a wanton manner. intercourse, the taking is absorbed
BOTH if there is a significant time
FORCIBLE ABDUCTION WITH RAPE interval between the consented
When there is carnal knowledge abduction and the seduction
with the abducted woman under Various crimes can be committed
the following circumstances: with forcible taking of a woman?
(1) by using force or intimidation; 1. Forcible abduction if the taking
(2) when the woman is deprived of is with lewd designs; forcible
reason or otherwise unconscious; abduction with rape if she was
(3) when the woman is under 12 raped thereafter;
years of age or is demented. 2. Kidnapping if the purpose is to
deprive the woman of her liberty;
No complex crime of forcible kidnapping with rape if the woman
abduction with acts of was raped thereafter;
 2. Profiting by prostitution; lasciviousness or with attempted 3. Rape only and taking is absorbed
3. Enlisting the services of women rape if the taking is the means to carry
for the purpose of prostitution. out the intent to rape.

ARTICLE 344 PROSECUTION OF THE CRIMES
OF ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1. Adultery and concubinage must be
prosecuted upon the complaint signed by
the offended spouse (and in the absence
of an express or implied pardon-SEX AFTER
ADULTERY OR CONCUBINAGE).
2. Seduction, abduction and acts of
lasciviousness must be prosecuted upon
the complaint signed by (and in the
absence of an express pardon) offended
party –
i. Even if a minor
ii. If of legal age and not incapacitated, only
she can file complaint
PARDON: BEFORE FILING OF CASE IN COURT
CONSENT: GIVEN BEFORE COMMISSION OF
CRIME of ADULTERY OR CONCUBINAGE
If a minor or incapacitated and refuses to
file either of the next succeeding persons
may file:
a. Either of the parents
b. Either of the grandparents whether
paternal or maternal side
c. Legal or judicial guardians
d. The State, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known
parents, grandparents or guardians.
ARTICLE 345 CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY
Persons who are guilty of rape, seduction or
abduction shall also be sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since
only a natural child may be acknowledged
b. Where either the offended party or the
accused is married
c. When paternity cannot be determined
as in multiple rape
d. Other instances where the law should
prevent the offender from doing so;
e. In every case to support the offspring.
NATURE OF LIABILITY – ABSOLUTE, hence
AUTOMATIC AWARD, does not depend of
financial capability
ARTICLE 346 LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS, OR OTHER
PERSONS ENTRUSTED WITH THE CUSTODY
OF THE OFFENDED PARTY
Persons who cooperate as accomplices but
are punished as principals in rape, seduction,
abduction, acts of lasciviousness, acts of
lasciviousness with the consent of the
offended party, corruption of minors, white
slave trade:
1. Ascendants,
2. Guardians,
3. Curators, teachers, and
4. Any person, who cooperates as accomplice
with abuse of authority or
confidential relationship

ARTICLE 353 LIBEL
1. That, there must be an imputation of a
crime, or a vice or defect, real or imaginary,
or any act, omission, condition, status or
circumstance;
2. That the imputation must be made
publicly; (Persons other than the person to
whom it has been written, OW, no libel)
3. That it must be malicious;
4. That the imputation must be directed at a
natural person or a juridical person, or one
who is dead;
5. That the imputation must tend to cause
the dishonor, discredit, or contempt of the
person defamed.
Brillantes v. CA Elements:
(a) the allegation of a discreditable act
or condition concerning another;
(b) publication of the charge; (sending
through another an UNSEALED envelop with
defamatory letter)
(c) identity of the person defamed (third
person or a stranger was able to identify him
as the object of the defamatory statement)
(d) existence of malice
Test of defamatory imputation:
A charge is sufficient if the words are
calculated to induce the hearers to suppose
and understand that the person against
whom they were uttered was guilty of certain
offenses, or are sufficient to impeach the
honesty, virtue or reputation, or to hold him
up to public ridicule.
CRIMES AGAINST HONOR
ARTICLE 354 REQUIREMENT FOR PUBLICITY Requisites of the second kind of privileged ARTICLE 361 PROOF OF TRUTH
Every Defamatory Imputation is Presumed to communication: When proof of the truth is admissible in a
be Malicious, Even if it be True. 1. That it is fair and true report of a judicial, charge for Libel:
The PRESUMPTION is rebutted if it is shown legislative, or other official proceedings which 1. When the act or omission imputed
by the accused that – are not of a confidential nature, or of a constitutes a crime regardless of whether
1. The defamatory imputation is true, in case statement, report or speech delivered in said the offended party is a private individual or a
the law allows proof of the truth of the proceedings, or of any other act public officer.
imputation (see Art. 361); performed by a public officer in the exercise 2. When the offended party is a Government
2. It is published with good intention; of his functions; employee, even if the imputation does not
3. There is justifiable motive for making it. 2. That it is made in good faith; constitute a crime, provided it is related to
3. That it is without any comments or the discharge of his official duties.
MALICE is not presumed in the following remarks. 3. Published with good motives and for
cases involving qualifiedly privileged justifiable ends
communication: Under Republic Act No. 1477:
1. Private communication made by any A newspaper reporter cannot be compelled ARTICLE 362 LIBELOUS REMARKS
person to another in the performance of any to reveal the source of the news report he Libelous remarks or comments connected
legal, moral or social duty. made, unless the court or a House or with the matter privileged under the
Requisites for the first kind of privileged committee of Congress finds that such provisions of Art. 354, if made with malice,
communication: revelation is demanded by the security of the shall not exempt the author thereof nor the
1. That the person who made the state. editor or managing editor of a newspaper
communication had a legal, moral or from criminal liability
social duty to make the communication, ARTICLE 360. PERSONS RESPONSIBLE FOR
or, at least, he had an interest to be upheld; LIBEL PUBLIC FIGURES – not be too onion skinned
2. That the communication is addressed to an 1. The person who publishes, exhibits or rule
officer or a board, or superior, having causes the publication or exhibition of any Libel - Any attack upon the private character
some interest or duty in the matter; defamation in writing or similar means. of the public figure on matters which are not
3. That the statements in the communication 2. The author or editor of a book or related to their works; false, malicious or
are made in good faith. pamphlet. unrelated to a public figure’s work
2. A fair and true report, made in good faith, 1. The editor or business manager of a daily
without any comments or remarks, of any newspaper magazine or serial publication. PLEADINGS – absolutely privileged provided
judicial, legislative, or other proceedings 2. The owner of the printing plant which the defamatory statement therein is
which are not of confidential nature or of any publishes a libelous article with his legitimately related thereto, or so pertinent
statement, report, or speech delivered in said consent and all other persons who in any to the inquiry in the course of the trial. If
proceedings, or of any other act performed way participate in or have connection with its malicious statement is irrelevant and
by public officers in the exercise of their publication. impertinent to the issue, there is libel (P v.

ARTICLE 358 SLANDER (oral defamation)
Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature Factors that determine
the gravity of the oral defamation:
1. Expressions used;
2. Personal relations of the accused and the
offended party;
3. Circumstances surrounding the case;
4. Social standing and position of the
offended party.
functions.
ARTICLE 359 SLANDER BY DEED
Slander by Deed– is a crime committed by
performing any act which casts dishonor,
discredit or contempt upon another person.
Elements:
1. That the offender performs any act not
included in any other crime against honor;
2. That such act is performed in the
presence of other persons;
3. That such act cast dishonor, discredit, or
contempt upon the offended party.
Slander by deed is of two kinds:
1. Simple slander by deed; or
2. Grave slander by deed, that is, which is
of a serious nature.
ARTICLE 363. INCRIMINATING INNOCENT
PERSONS
1. That the offender performs an act;
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime;
3. That such act does not constitute perjury
AKA INCRIMINATORY MACHINATIONS
BQ: Incriminatory machination through
unlawful arrest (P v. Alagao)
Sesbreno)
ARTICLE 364 INTRIGUING AGAINST HONOR
Committed by any person who shall make
any intrigue which has for its principal
purpose to blemish the honor or reputation
of another.
This refers to such intrigues against a
person’s honor or reputation which are not
otherwise punished under other articles of
the code. It differs from defamation in that it
consists of tricky or secret plots and may be
committed without using written or spoken
words which are defamatory
ARTICLE 365 IMPRUDENCE AND
NEGLIGENCE
Four ways of committing quasi-offenses
under Art 365:
1. By committing through reckless
imprudence any act which, had it been
intentional, would constitute a grave or less
grave felony or light felony;
2. By committing through simple
imprudence or negligence an act which
would otherwise constitute a grave or less
serious felony;
3. By causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence;
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a
light felony
Reckless Imprudence – consists in
voluntarily but without malice, doing or
failing to do an act from which material
damage results by reason of inexcusable
lack of precaution on the part of the person
performing or failing to perform such act,
taking into consideration his employment or
occupation, degree of intelligence, physical
condition and other circumstances regarding
persons, time and place.
Elements:
1. That the offender does or fails to do an
act.
2. That the doing of or the failure to do that
act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the person
performing or failing to perform such act
taking into consideration –
• Employment or occupation.
• Degree of intelligence, physical condition,
• Other circumstances regarding persons,
time and place
Simple Imprudence – consists in the lack of
precaution displayed in those cases in which
the damage impending to be caused is not
immediate nor the danger clearly manifest.
Elements:
1. That there is lack of precaution on the
part of the offender.
2. That the damage impending to be caused
is not immediate nor the danger clearly
manifest.
Qualifying Circumstance:
Failing to lend help. It raises the penalty one
degree higher.
Except: Sec. 55 of RA 4136, the driver can
leave his vehicle without aiding the victims
if:
1. He is in imminent danger of being
harmed,
2. He wants to report to the nearest officer
of the law, or
3. He desires to summon a physician or a
nurse for medical assistance to the injured.
 PUBLIC MEANS ESSENCE/ PURPOSE/ACTS/MODE COMPLEXED OFFENDER
UPRISING
ART 114 NO ARMED Essence – breach of allegiance against the government by levying of war NO, common crimes Filipinos, here and abroad
Treason against the government to aid the enemy and by adhering to the enemy, committed in Resident aliens
giving them aid and comfort furtherance and on
Purpose – to deliver the country in whole or in part to the enemy occasion of treason are
absorbed
ART 134 YES ARMED ALWAYS POLITICAL NO, common crimes Generally civilians
Rebellion/ Essence – public uprising and taking up arms committed in
insurrection Rebellion – overthrow and supersede government furtherance and on
Insurrection – effect minor change, prevent exercise of authority with occasion of rebellion
respect to particular matters are absorbed
Nature - Crime of masses/multitude, complex net of plots and intrigues
Purpose:
1. Remove from the allegiance to the government any part of the
territory or any body of land, naval , or armed force
2. Deprive the Chief Executive and Congress any of their powers or
prerogatives (if judiciary is deprived of their power, the crime is
sedition)
ART 134-A YES – singly or Violence ALWAYS POLITICAL YES, with rebellion or Principal offenders must be
Coup d’etat simultaneously Intimidation Seize/diminish state power; paralyze the government with sedition members of the armed
; with or Threat Essence- swift attack upon government and military facilities, public forces or the police, with or
without civilian Strategy utilities and any facility essential to the continued possession of power by without civilian support.
support Stealth the State

ART 139 YES – Force POLITICAL OR SOCIAL NO, common crimes Any person
Sedition tumultuous Intimidation ESSENCE-tumultuous uprising to raise commotions or disturbances in the charged separately
uprising Other means State
outside of legal Purpose:
methods 1. Prevent execution of laws and elections
2. Prevent national government or any public officer in the free exercise
of his functions or the execution of any administrative order (except
the Executive and Legislative branches since depriving them of power
falls under Rebellion)
3. Inflict act of hate or revenge on public officer and his property
4. Commit act of hate or revenge against private persons, or a social class
 for political or social ends
5. Despoil, for political or social ends any property of the government
ART 148 NO Essence – acts committed in the spirit of lawlessness, contempt and hate YES, with material Any person
Direct Assault for the authorities and the rule of law result of the crime
Acts: except if only a light
felony results like slight
Force 1. Attain any of the purposes of rebellion or sedition physical injuries
Intimidation
Attacking, 2. Persons in authority or his agents while engaged/on the occasion
employing of the performance of official duties OR by reason of the past
force, seriously performance of his duties
intimidating,
seriously
resisting

ART 153 NO ARMED Essence – creating public disorder by causing serious disturbances in public YES, with direct assault Any person
Tumults and Tumultuous places and in private places where public performance is being held if directed against a
other disturbance – ACTS: person in authority
disturbances caused by more 1. Causing/planning/intending any serious disturbance
than 3 persons 2. Interrupting/disturbing performances, gatherings or peaceful
who are armed meeting not falling under Art 131 (Peaceful assemblies) and 132
or provided with (Religious worship)
means of 3. Making an outcry tending to incite sedition in any meeting
violence 4. Displaying placards/emblems intended to provoke disturbance
5. Burying with pomp a person who was legally executed
ART 155 NO NO Essence – disturbance of public peace and tranquility Any person
Alarms and Acts:
scandals 1. Discharging firearm, firecrackers, other explosive calculated to
cause alarm or danger
2. Instigating/joining charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
3. Disturbing public peace while wandering at night or while engaged
in nocturnal amusements
4. Causing any disturbance, not if a serious nature, and not falling
under Art 153(Tumults) in public places while intoxicated
 CONSPIRACY PROPOSAL INCITING TO
ARTICLE 115 NO INCITING TO TREASON RATHER …
1. Two or more persons come to an 1. A person who has decided to: ARTICLE 116
agreement a) Levy war against government MISPRISION OF TREASON
a) Levy war against b) Adhere to the enemy giving 1. Offender owes allegiance
TREASON government them aid or comfort 2. He has knowledge of any conspiracy to commit treason
b) Adhere to the enemy 2. Proposes its execution to some other 3. He conceals or fails to disclose and make known the same as
giving them aid or comfort person or persons soon as possible to the Governor, Fiscal, Mayor where he resides
2. They decide to commit it
ARTICLE 136 ARTICLE 138
1. Two or more persons come to an 1. A person who has decided to: 1. Offender does not take up arms or is not in open hostility against
REBELLION/ agreement a) Rise publicly the government
a) Rise publicly b) Take up arms against 2. He incites others to the execution o the acts of rebellion
INSURRECTION b) Take up arms against government 3. Inciting is done by speeches, proclamations, writings, emblems,
government 2. Proposes its execution to some other banners etc – DONE IN PUBLIC
2. They decide to commit it person or persons
ARTICLE 141 ARTICLE 142
1. Offender does not take active part in seditious activities
2. Offender incites others to the accomplishment of any of the acts
of sedition by means of speeches, proclamations, writings,
emblems, etc
1. Two or more persons come to an 3. Utters seditious words or speeches which tend to disturb the
agreement public peace
a) Rise publicly and 4. Writing, publishing or circulating scurrilous libels against the
SEDITION tumultuously NO PROPOSAL TO COMMIT SEDITION government which tend to disturb the public peace:
b) To attain any of the a) Tend to disturb/obstruct the execution of public
purposes of sedition functions
2. They decide to commit it b) Tend to instigate other to cabal and meet for unlawful
purposes
c) Suggest/incite rebellious conspiracies or riots
d) Lead or tend to stir the whole people against lawful
authorities
e) Those who shall knowingly conceal such practices
ASSEMBLIES

 IF THE MEETING IS PEACEFUL BUT NOT RELIGIOUS AND OFFENDER IS A PUBLIC OFFICER – 131
 IF THE MEETING IS RELIGIOUS AND OFFENDER IS A PUBLIC OFFICER – 132
 IF THE MEETING IS RELIGIOUS AND OFFENDER IS A PRIVATE PERSON – 133
 IF THE MEETING IS RELIGIOUS AND OFFENDER IS A PRIVATE PERSON WITHOUT INTENT TO OFFEND RELIGIOUS FEELINGS – UNJUST VEXATION
 IF THE MEETING IS EITHER PEACEFUL OR RELIGIOUS AND OFFENDER IS A PUBLIC OFFICER WHO IS A PARTICIPANT THEREIN – 153

ARTICLE OFFENDER
1. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by Public officer who is not a participant of the
dissolving the same meeting/assembly – A STRANGER TO THE
PEACEFUL ASSEMBLIES 131 2. Hindering any person from joining any lawful association or from attending any of its meetings MEETING
3. Prohibiting or hindering any person from addressing, either alone or together with others, any
petition to the authorities for correction of abuses or redress of grievances.
1. Offender is a public officer or employee Public officer who is not a participant of the
RELIGIOUS ASSEMBLIES 132 2. Religious ceremonies or manifestations of any religious are about to take place or are going on meeting/assembly – A STRANGER TO THE
3. Offender prevents or disturbs the same MEETING
1. Acts complained of were performed: Public officer or private person
a. In a place devoted to religious worship (not necessary that there is religious worship)
133
b. During the celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful.
1. There be projected or actual meeting of the Congress or any of its committees or subcommittees, Any person
constitutional committees or divisions thereof, or of any provincial board or city or municipal
LEGISLATIVE ASSEMBLIES 143
council or board
2. Offender, who may be any person, prevents such meeting by force or fraud
1. There is a meeting of Congress or any of its committees or subcommittees, constitutional Any person not participating in the meeting
commissions or committees or divisions thereof, or any provincial board or city or municipality
council or board
144 2. Offender does any of the following acts:
a. Disturbs any such meetings
b. 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
2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if act Participant to the meeting
TUMULTS 153
is not included in Arts. 131 and 132.