Crime When is it Qualifying?

Robbery with violence of intimidation of persons ONLY applicable to par 3,4,5

1. If committed in:
a.Homicide 1. Uninhabited place
- To facilitate robbery or escape 2. By a band (4 armed malefactors)
- Preserve possession 3. Attacking a moving vehicle, train, street car, motor
- To prevent discovery vehicle, airship
- Eliminate witnesses 4. Entering passenger’s compartments by surprise
b. Rape, Intentional mutilation, arson 5. On a street, road, highway or alley with use of
2. Insanity, Imbecility, Impotency, Blind firearm
3. PI in Art 263 (par 2)
a. Loses – speech, hear, foot, eye, arm or leg
b. Loses use of any such member
c. Incapacitated for work habitually engaged in
4. PI (par 3&4) *should not be done to fellow robber
a. Deformity
b. Ill or incapacitated for 90 days
c. Violence or intimidation employed
unnecessary for commission of crime
- Serious physical injuries in Art 263 par
3&4 inflicted in the course of the robbery
- Any of them was inflicted upon any
person not responsible for the
commission of the robbery
5. Violence employed does not cause any serious PI
(less serious or slight) – simple robbery
Robbery in an inhabited house, public building or edifice When committed in an uninhabited place AND by a band
devoted to worship

Entrance affected through:

a. Opening not intended for entrance
b. Breaking wall, roof, floor, door, window
c. Using false keys or picklocks
d. Using fictitious name or pretending to exercise
authority
e. Breaking doors, wardrobes, chest or any other
locked or sealed furniture
f. Taking such furniture to be broken or forced
outside the place of robbery
Theft – taking personal property without consent and 1. Domestic servant
without violence or intimidation or force upon things 2. With grave abuse of confidence
3. Prop stolen is
Also theft: a. Mail matter
1. Having found lost prop and not returning to b. Large cattle
authorities c. Motor vehicle
2. Maliciously damaged prop and shall remove or 4. Coconuts taken from premises of plantation
make use of fruits 5. Fish from fishery
3. Any person who shall enter foreclosed estate and 6. Taken on occasion of
shall a. Volcanic eruption
a. Hunt b. Fire
b. Fish c. Earthquake
c. Gather – fruits, cereals and other farm d. Typhoon
products e. Vehicular accident
f. Civil disturbance
g. Any other calamity
Arson Special aggravating circumstances
1. Committed with intent to gain
2. Committed for the benefit of another
3. Offender is motivated by spite or hatred towards
the owner or occupant of the property burned
4. Committed by a syndicate

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 Malicious mischief Qualified malicious mischief

1. Deliberate causing of damage to another’s property 1. Causing damage to obstruct public functions
2. Without falling in in arson or other crimes 2. Using poisonous or corrosive substances
involving destruction 3. Spreading infections or contagion among cattle
3. That the damage was done for the sake of 4. Causing damage to prop of national museum of
damaging library or to any:
- Hate a. Archive
- Revenger b. Registry
- Other evil motive c. Waterworks
- Pleasure d. Road
e. Promenade
f. Any other thing used in common by
public
Other malicious mischief – damaging any railway, 1. Result in derailment of cars
telegraph or telephone lines 2. Collision
3. Or other accident
Murder has qualifying circumstances, if not present then For murder:
HOMICIDE 1.
a. Treachery
1. Time of attack victim was not in a
position to defend himself
2. Offender consciously adopted particular
means, method or forms of attack
employed by him
b. Taking advantage of superior strength
c. Aid of armed men
1. Armed men took part directly or
indirectly
2. Accused availed of himself of their aid or
relied upon them when the crime was
committed
d. Employ means to weaken defense
e. Insure impunity
2. Price, reward, promise
- Must be 2 or more principals
 One who offers price
 One who accepts
- Price, reward or promise must be for the
purpose of inducing another to perform
deed
3. By means of
a. Inundation
b. Fire explosion
c. Poison
d. Shipwreck
e. Stranding of vessel
f. Derailment of railroad
g. Means of motor vehicle
h. Any other means involving great waste and
ruin
4. On occasion of any of the calamities enumerated in
the preceding article or of an
a. Earthquake
b. Eruption of a volcano
c. Destructive cyclone
d. Epidemic
e. Other public calamity
5. Evident premeditation
6.
a. Cruelty
1. Injury is deliberately increased by

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 causing the other wrong
2. Other wrong is unnecessary for execution
of purpose of offender
b. Outraging (deeply insulting) or scoffing
(showing irreverence) at person or corpse
Serious Physical injury 1. Offense committed to anyone mentioned in
parricide
1. Impotent, imbecility, insanity and blindness - Father
2. - Mother
a. Loss of hearing (both ears) , blind (1 eye), - Spouse
smell, speech - Child
b. Loss of arm, foot, leg, hand - Ascendant
c. Loss of principal parts - Descendant
d. Incapacitated for habitual work 2. Accompanied by any of the qualifying
3. circumstances of murder
a. Deformed
- Physical ugliness
- Permanent
- Conspicuous
b. Not principal member
c. Incapacitated for habitual work for more than
90 days
4. Illness or incapacitated for work for (30-89 days)

Less serious physical injury – incapacitated or medical 1. Manifest intent to kill or injure
attendance for 10-29 days 2. Circumstances adding ignominy
3. Offense committed upon offender’s parents,
ascendants, guardians, curators, teachers or persons
of rank or authority, parent, guardian, teacher
Rape 1. Deadly weapon or with 2 or more persons
2. Becomes insane
1.
Sexual intercourse 3. Rape is attempted and homicide is committed
1.
That the offender is man (special complex crime)
2.
The he has carnal knowledge on any woman 4. Rape with homicide (special complex crime)
3.
Act is accomplished through 5. Under 18 and done by parent, guardian, ascendant,
- Force or intimidation step parent, relative by consanguinity or civil
- Fraudulent machination or with grave degree up to the 3rd
abuse of confidence 6. Under custody of police or military authorities
- Lack of reason or woman is unconscious 7. Full view of spouse, parents, children or other
- Victim is below 12 *no need for relatives within 3rd civil degree
circumstances above 8. Religious engaged in religious vocation or calling
2. Sexual assault 9. Below 7
a. Commits an acts of sexual assault 10. Offender knows he has HIV or AIDS
b. By the ff 11. Taken advantage by AFP, PNP or any law
- Inserting penis into another person’s enforcement agency or penal institution
mouth or anal orifice 12. Results in mutilation or disability
- Inserting instrument into the same 13. Knew victim is pregnant
c. Accomplished through any of the 14. Knew victim has mental or physical disability or
circumstances in first act of rape emotional disorder
Seduction Qualified Seduction

1. Offended party is 12-18 1. Offended is a virgin which is presumed unmarried

2. Good rep, single or widow and of good rep
3. Offender has sexual intercourse with her 2. Offended party is over 12 but under 18
4. Crime is committed through means of deceit 3. Offender has sexual intercourse with her
4. Through abuse of authority, confidence,
relationship
*deceit is not an element

Qualified persons:
1. Those who abuse their authority
a. Person in authority

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 b. Guardian
c. Teacher
d. Person who in any capacity is entrusted with
the education or custody of woman seduced
2. Those who abuse their confidence
a. Priest
b. House servant
c. Domestic
3. Those who abuse their relationship
a. Brother who abused sister
b. Ascendant who abused descendant
*age and virginity doesn’t have to be attendant here
in no. 3
Art 346
Shall be punished as principals
1.
Ascendants
2.
Guardians
3.
Curators
4.
Teachers
5.
Any person with abuse of authority, confidence or
relationship who shall be accomplices in crimes
against chastity
Art 210 – Bribery Art 211-A Qualified Bribery

1.
Offender is a public officer 1. That the offender is a public officer entrusted with
2.
That the offender law enforcement
a. Accepts an offer or a promise 2. That the offender refrains from arresting or
b. Receives a gift or present by himself prosecuting an offender who has committed a
or through another crime by reclusion perpetua or death
3. That such offer or promise be accepted or gift or 3. That the offender refrains from arresting or
present received by the public officer prosecuting the offender in consideration of any
a. With a view of committing a crime promise, gift or present
b. In consideration of the execution of
an act which does not constitute a
crime but the act must be unjust
c. To refrain from doing something
which it is his official duty to do
4. That the act which the offender agrees to perform
or which he executes be connected with the
performance of his official duties
Art 148 – Direct Assault 1. Committed with a weapon
2. Offender is public officer or employee;
3. Offender lays hands upon a person in authority
Art 157 – Evasion of service of sentence 1. By means of unlawful entry (by scaling)
2. By breaking doors, windows, gates, walls, roofs or
1.
That the offender is convict by final judgment floors
2.
That he is serving his sentence, which consists in 3. By using picklocks, false keys, disguise, deceit,
deprivation of liberty violence or intimidation
3. That he evades the service of his sentence by 4. Through connivance with other convicts or
escaping during the term of his sentence employees of the penal institution
Art 128 – Violation of domicile 1. Committed at nighttime; or
2. If any papers or effects not constituting evidence of
1. The offender is a public officer or employee a crime are not returned immediately after a search
2. That he is not authorized by judicial order to enter is made by the offender
the dwelling and/or to make a search for papers or
other effects
3. That the offender shall
a. Enter an dwelling against the will of
the owner
b. Search paper or other effects found
therein without previous consent of
such owner

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 c. Refuse to leave the premises after
having been surreptitiously entered
said dwelling and after having been
required to leave the same

Art 132 – Interruption of religious worship 1. Violence; or

2. Threats
1.
Offender is a public officer or employee
2.
Religious ceremonies or manifestations of any
religion are about to take place or are going on; an
3. That the offender prevents or disturbs the same
Art 120 – Correspondence with hostile country 1. Notice or info might be useful to the enemy; and
2. Offender intended to aid the enemy
1.
That it is made in time of war in which the PH is
involved
2. Offender makes correspondence with the:
a. Enemy of the country; or
b. Territory occupied by the enemy
troops
3. That the correspondence is either
a. Prohibited by the gov
b. Contains notice or info which might be useful
to the enemy
Art 122 – Piracy Art 123 – Qualified Piracy

1.
A vessel is on the high seas or in the PH 1. Whenever the offenders have seized the vessel by
2.
Offenders are not members of its complement or boarding or firing upon the same
passengers of the vessel; and 2. Whenever the pirates have abandoned their victims
3. Offenders are without means of saving themselves
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said
vessel, its equipment or personal belongings
of its complement or passengers
Art 267 – Kidnapping and serious illegal detention 1. If the purpose is to extort ransom
2. When the victim killed or dies as consequence of
1. The offender is a private individual or a public the detention
individual who has not duty under the law to detain 3. When the victim is raped
a person 4. When the victim is subjected to torture or
2. That eh kidnaps or detains another or in any other dehumanizing acts
manner deprives the latter of his liberty
3. That the act of detention or kidnapping must be
illegal
4. Any of the ff circumstances is present
a. Kidnapping last more thatn 3 days
b. That is commited simulating public authority
c. That any serious physical injuries are inflicted
upon the person kidnapped or detained or
threats to kill him are made
d. That the person kidnapped or detained is a
minor, female or a public official

Art 272 – Slavery When the purpose of the offender is to assign the offended
party to some immoral traffic
1.Offender purchases, sells, kidnaps or detains a
human being
2. Purpose of the offender is to enslave such human
being
Art 276 – Abandoning a minor 1. When the death of the minor resulted from such
abandonment
1. Offender has the custody of a child 2. If the life of the minor was in danger because of the
2. Child is under 7 years old abandonment
3. He abandons such child

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 4.No intent to kill the child when the latter is
abandoned
Art 280 – Trespass to dwelling If committed by means of violence of intimidation

1.Offender is a private person

2.Enters the dwelling of another
3.Such entrance was against the will of the owner or
occupant
Art 282 – Grave threats (3 acts) If threat was made in writing or through a middleman

1.Threat imposing a condition and the offender

attained his purpose
2. Same as #1 but purpose not attained
3. Threat without imposing a condition
Art 286 – Grave coercion 1. Coercion is committed in violation of the exercise
of the right of suffrage
1. A person prevented another from doing something 2. Coercion is committed to compel another to
not prohibited by law or by compelling him to do perform any religious act
something against his will, be it right or wrong 3. Coercion committed to prevent another from
2. That the prevention or compulsion be effected by performing any religious act
violence, threats or intimidation
3. That the person that restrained the will and liberty
of another has not right to so, or in other words that
the restraint is not made under authority of law or
in the exercise of any lawful right

Art 290 - Discovering secrets through seizure of Reveals the contents to another person
correspondence

1.Offender is a private individual or publid officer

not in exercise of official functions
2. He seizes the paper or letters of another
3. Purpose is to discover the secrets of such other
person
4. Offender is informed of the contents of the papers
and letters sized
Art 348 – Usurpation of civil status Purpose is to defraud offended parties or their heirs

Committed by assuming the filiation or the parental or

conjugal rights of another with intent to enjoy the rights
arising from the civil status of the latter
Art 350 – Marriage against provision of laws If either contracting party obtains consent of the other means
of violence, intimidation or fraud
1. Offender contracted marriage
2. He knew at that time that
a. Requirements of the law were not complied
with; or
b. Marriage was in disregard of a legal
impediment

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