6 - Criminal Law - Green Notes PDF

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations
CRIMINAL LAW
Green Notes 2019
Green Notes 2019 Criminal Law
TABLE OF CONTENTS
CRIMINAL LAW I 1
GENERAL PRINCIPLES 2
MALA IN SE VS. MALA PROHIBITA 2
APPLICABILITY AND EFFECTIVITY OF THE RPC 3
Generality 3
Territoriality 3
Prospectivity 5
PRO REO PRINCIPLE 5
FELONIES 6
CRIMINAL LIABILITIES AND FELONIES 8
Grave vs. less grave vs. light felonies 9
Aberratio ictus, error in personae, and praeter intentionem 10
Impossible crime 11
Stages of execution 11
Continuing crimes 14
Complex crimes and composite crimes 14
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 16
Justifying circumstances 18
Exempting circumstances 22
Mitigating circumstances 25
Aggravating circumstances 30
Alternative circumstances 43
Absolutory causes 44
PERSONS LIABLE AND DEGREE OF PARTICIPATION 45
Principals, accomplices, and accessories 45
Conspiracy and proposal 51
PENALTIES 52
PENALTIES THAT MAY BE IMPOSED AND RETROACTIVE EFFECT OF PENAL LAWS 53
CLASSIFICATION 55
DURATION AND EFFECTS 56
APPLICATION 59
RPC provisions 59
Indeterminate Sentence Law (Act No. 4103) 65
Three-fold rule 66
Subsidiary imprisonment 67
GRADUATION OF PENALTIES 68
ACCESSORY PENALTIES 70
EXECUTION AND SERVICE 74
RPC provisions 74
Probation Law (PD 968, as amended) 74
Juvenile Justice and Welfare Act (RA 9344, as amended) 76
EXTINCTION OF CRIMINAL LIABILITY 76
CIVIL LIABILITY IN CRIMINAL CASES 79
CRIMINAL LAW II 82
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 82
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 87
CRIMES AGAINST PUBLIC ORDER 92
CRIMES AGAINST PUBLIC INTEREST 108
CRIMES AGAINST PUBLIC MORALS 124
CRIMES COMMITTED BY PUBLIC OFFICERS 129
CRIMES AGAINST PERSONS 150
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 167
CRIMES AGAINST PROPERTY 183
CRIMES AGAINST CHASTITY 199
CRIMES AGAINST THE CIVIL STATUS OF PERSONS 207
CRIMES AGAINST HONOR 209
QUASI-OFFENSES 216

SPECIAL LAWS
ANTI-ARSON LAW (PD 1613, AS AMENDED BY PD 1744) 218
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 219
ANTI-FENCING LAW OF 1979 (PD 1612) 220
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED) 221
ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 223
ANTI-HIJACKING LAW (RA 6235) 224
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) 225
ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) 225
ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) 226
ANTI-TORTURE ACT OF 2009 (RA 9745) 227
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED) 229
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) 231
BOUNCING CHECKS LAW (BP 22) 233
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (, RA 9165, AS AMENDED BY RA 10640) 233
COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) 236
CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 237
HUMAN SECURITY ACT OF 2007 (RA 9372) 239
NEW ANTI-CARNAPPING ACT OF 2016 (RA 10883) 239
OBSTRUCTION OF JUSTICE LAW (PD 1829) 240
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA 7610) 241

FUNDAMENTAL AND GENERAL

PRINCIPLES
DEFINITION OF CRIMINAL LAW

Branch or division of law which defines crimes, treats of
their nature, and provides for its punishment.
It is that branch of public substantive law which defines

offenses and prescribes their penalties. It is substantive
because it defines the state’s right to inflict punishment
and the liability of the offenders. It is public law because it
deals with the relation of the individual with the state.
SOURCES OF CRIMINAL LAW
(1) The Revised Penal Code

(2) Special Laws which amend or apply to the RPC
(3) Special Penal Laws
(4) Penal provisions In non-penal laws (e.g. NIRC)
(5) Local ordinances
CRIME; DEFINED
An act committed or omitted in violation of law forbid-
CRIMINAL LAW I ding or commanding it.
THEORIES IN CRIMINAL LAW
(1) Classical Theory

School of thought followed by the Revised Penal
Code.
Characteristics:
a. The basis of criminal liability is human free will;
purpose of penalty is retribution.
b. That man is essentially a moral creature with an
absolute free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
c. It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
d. There is scant regard to the human element.
(2) Positivists theory

Crime is essentially a social a natural phenomenon,
and as such, it cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment, fixed and determined as basis; rather
through the enforcement of individual measures in
each particular case after a thorough, personal, and
individual investigation conduction by a competent
body of psychiatrists and social scientists.
Lasallian Commission on Bar Operations 1

A. GENERAL PRINCIPLES There are three stages: No such stages of

attempted, frustrated, and execution.
consummated.
MALA IN SE VS. MALA PROHIBITA
As to Persons Criminally Liable
Mala In Se Mala Prohibita There are three persons Unless otherwise

criminally liable: principal, provided, only the
As to Nature accomplices, and accessories. principal is liable.
Wrong from its very nature; Wrong because it is As to Division of Penalties

inherently evil prohibited by statute.
Penalties may be divided into There is NO such
Use of Good Faith Defense degrees and periods. division of penalties.
Good faith is a valid defense; Good faith is NOT a

unless the crime is the result defense. MALA PROHIBITA
of culpa.
Generally, applies to crimes punishable by special laws.
Use of intent as an element
Intent is an element. Criminal intent is General Rule: Criminal intent is NOT necessary, it being
immaterial. sufficient that the offender has the intent to perpetrate the
act prohibited by the special law unless the special law
Degree of Accomplishment of the Crime itself expressly requires intent (“knowingly” or “ma-
liciously”). (Padilla v. Dizon, 1988)
The degree of The act gives rise to a
accomplishment of the crime crime only when it is
is taken into account in consummated The act alone, in crimes punishable by special laws,
punishing the offender constitutes the offense.
As to Mitigating and Aggravating Circumstances Good faith and absence of criminal intent are NOT valid
defenses.
Mitigating and aggravating Mitigating and
circumstances are taken into aggravating
account in imposing the circumstances are Exceptions:
proper penalty. generally NOT taken (1) Imperative, incidental, and temporary posses-sion of
into account in imposing firearms.
the proper penalty. (2) Assumption that his employer has the requisite
license to possess said firearm. (People v. Cuenco)
Degree of Participation
(3) Possession of firearms in good faith as civilian
When there is more than one Degree of participation guards. (People v. Asa and Balbastro)
offender, the degree of is generally NOT taken (4) Possession of firearm was advised due to pending
participation of each in the into account. All who application for permanent permit. (People v. Mallari)
commission of the crime is participated in the act (5) Authorized possession to carry out a mission.
taken into account. are punished to the (People v. Lucero)
same extent.
(6) Transient possession of firearm to render the owner
As to Persons Criminally Liable defenseless without the intention to use it. (People
vs. Dela Rosa)
Penalty is computed on the The penalty on the
basis of whether he is a offenders is the SAME CLASSIFICATIONS OF FELONIES
principal offender, or merely whether they are merely
an accomplice, or accessory. accomplices or
accessories. As to nature (1) Mala in se
(2) Mala prohibita
Laws Violated As to (1) Intentional Felonies (DOLO)
commission (2) Culpable Felonies (CULPA)
Revised Penal Code (General Special Laws (General
Rule) Rule) As to stage of (1) Attempted
execution (2) Frustrated
As to Stages in Execution (3) Consummated
As to gravity (1) Grave – those which the law (2) Article 14 of the New Civil Code
attaches the capital Subject to the principles of public international law
punishment or penalties which and to treaty stipulations. Persons exempt from the
in any of their periods are operation of our criminal laws by virtue of the
afflictive principles of public international law
(2) Less grave – those which the a. Sovereigns and other chiefs of state.
law punishes with penalties b. Ambassadors, Ministers, Plenipotentiary,
which in their maximum period Ministers Resident, Charges d’Affaires.
is correctional (AM, MP, MR, CdA)
(3) Light felonies – those
infractions of law for the NOTE: Consuls, vice-consuls and other commercial
commission of which the representatives (i.e. commercial attaché) of foreign
penalty is arresto menor, or a nation are NOT entitled to the privileges and
fine not exceeding P40,000.00 immunities of an ambassador or minister, in the
or both (RA 10951, Sec. 1) absence of a treaty to the contrary (Bar 2011)
As to count (1) Composite
(2) Compound TERRITORIALITY
(3) Complex
(4) Continued GENERAL RULE: Penal laws are enforceable only within
(5) Continuing the Philippine territory.
APPLICABILITY AND EFFECTIVITY OF THE This includes the Philippine Archipelago, including its
RPC atmosphere, its interior waters, and maritime zone. (Art. 2,
RPC)
GENERALITY
EXCEPTION: (EXTRA-TERRITORIALITY)
(1) Offenses committed while on a Philippine ship or
GENERAL RULE: Criminal law is binding on all persons airship;
who live or sojourn in Philippine territory, whether
citizens or not.
Requisites:
a. It must be registered in the Philippine Bureau
EXCEPTIONS:
of Customs or MARINA (Maritime Industry
(1) Article 2 of the RPC Authority), as the case may be;
a. Treaties (e.g. Bases Agreement between b. The crime must be committed in the Philippine
Philippines and America, RP-US Visiting Forces waters or the high seas, and not within the
Accord between Philippines and America, etc.) territorial jurisdiction of another country.
b. Law of preferential application (e.g. R.A. 75 which
penalizes acts which would impair the proper A. Foreign merchant vessels
observance by the Republic and its inhabitants of
the immunities, rights, and privileges of duly ENGLISH RULE FRENCH RULE
accredited foreign diplomatic representatives in (TERRITORIALITY OR SITUS (FLAG OR
the Philippines.) OF THE CRIME) NATIONALITY)
General Rule
NOTE: Not applicable when the foreign country
adversely affected does not provide similar Crimes committed aboard a Crimes committed
protection vessel within the territorial aboard a vessel
waters of a country are triable within the
in the courts of such country. territorial waters of
Warship Rule
a country are not
The nationality of such warship determines the Note: The three-mile limit: triable in the courts
applicable penal laws to crimes committed therein, Territorial waters cover until of said country.
as they are considered to be an extension of the three miles from coastline,
territory of the country to which they belong. starting from the low water
Thus, their respective national laws shall apply to mark. (Reyes)
such vessels wherever they may be found.
(3) Introduction of coin or currency note of the

Exception
Philippine Islands is not subject to this para-
When the crimes merely When their graph.
affect things within the vessel commission affects
or when they only refer to the the peace and (4) While being public officer or employee, should
internal management thereof. security of the commit an offense in the exercise of their functions
territory or when
Crimes committed by public officers:
the safety of the
state is (1) Direct bribery (Art. 210)
endangered. (2) Indirect Bribery (Art. 215)
(3) Qualified Bribery (Art. 211-A)
The Philippines follows the ENGLISH RULE.
(4) Corruption (Art. 212)
(5) Fraud Against Public Treasury and Similar
A distinction must be made between merchant
Offenses (Art. 213)
ships and warships; the former are more or less
(6) Possession of Prohibited Interest (Art. 216)
subjected to the territorial laws.
(7) Malversation of Public Funds or Property (Art.
217)
English rule application in the Philippines.
(8) Failure to Render Accounts (Art. 218)
• Foreign merchant vessel in transit:
(9) Failure to Render Accounts Before Leaving the
possession of dangerous drugs is not
Country (Art. 219)
punishable, but use of the same is punishable.
(10) Illegal Use of Public Funds or Property (Art. 220)
• Foreign merchant vessel not in transit: mere
(11) Failure to Make Delivery of Public
possession of dangerous drugs is punishable
Funds/Property (Art. 221)
because it can already be considered as
(12) Falsification (Art. 171)
illegal importation.
NOTE: A crime committed within the grounds of a

B. Foreign Warships
Philippine embassy on foreign soil shall be subject to
The nationality of such warship determines the
Philippine penal laws, although it may or may not have
applicable penal laws to crimes committed therein,
been committed by a public officer in relation to his
as they are considered to be an extension of the
official duties. Embassy grounds are considered as
territory of the country to which they belong.
extensions of the sovereignty of the country occupying
Thus, their respective national laws shall apply to
them.
such vessels wherever they may be found.
(5) Should commit any of the crimes against national

(2) Should forge or counterfeit any coin or currency note
security and law of nations, defined in Title One of
of the Philippine Island or obligations and securities
Book Two of this Code.
issued by the Government of the Philippine Islands.
• If forgery was committed abroad, it must refer
NOTE: Limited only to the following crimes:
only to Philippine coin, currency note, or
(1) Treason (Art. 114)
obligations and securities.
(2) Conspiracy and proposal to commit treason
• Obligations and securities of the GSIS, SSS, and
(Art. 115)
Landbank are not government issuances.
(3) Espionage (Art. 117)
(4) Inciting to war and giving motives for reprisals
(3) Should be liable for act in connection with the intro-
(Art. 118)
duction of the obligations and securities mentioned (5) Violation of neutrality (Art. 119)
in the preceding number. (6) Correspondence with hostile country (Art. 120)
(1) Those who introduced the counterfeit items are (7) Flight to enemy’s country (Art. 121)
criminally liable even if they were not the ones (8) Piracy and mutiny on the high seas (Art. 122)
who counterfeited the obligations and securities. (9) Terrorism (R.A. 9372 - Human Security Act)
(2) This paragraph only refers to obligations and
securities issued by the Government of the (6) Should forge or counterfeit any coin or currency note
Philippine Island, not coin or currency note of of the Philippines or obligations and securities issued
the Philippine Islands.
by the government of the Philippines;

(7) Should be liable for acts connected with the intro- EFFECTS OF REPEAL/AMENDMENT ON LAW
duction into the Philippines of the obligations and
securities mentioned in the preceding number; (1) If the repeal/amendment on law makes the penalty
lighter in the new/amended law, the new/amended
(8) While being public officers or employees, should law shall be applied, subject to the exceptions.
commit an offense in the exercise of their functions; (2) If the new/amended law imposes a heavier penalty,
the law in force at the time of the commission of the
offense shall be applied.
(9) Should commit any of the crimes against national
(3) If the new/amended law totally repeals the existing
security and the laws of the nations, defined in Title
law so that the act which was penalized under the old
One of Book Two of the RPC. (Art. 2, RPC)
law is no longer punishable, the crime is obliterated.
(4) When the new law and old law penalize the same
NOTE: The following are NOT triable under the
offense, the offender can be tried under the old law.
provisions of the Revised Penal Code:
(5) A person erroneously accused and convicted under
(1) Those punished under special law, to which the
a repealed statute may be punished under the
Code shall only have suppletory effects. (Art. 10)
repealing statute.
(2) Persons exempted from local criminal
jurisdiction by reason of treaty stipulations or
NOTE: The accused must have an opportunity to
laws of preferential applications.
defend himself against the charge brought against
(3) Those persons not subject to local jurisdiction
him.
under the principles of public international law.
(4) Those crimes committed outside the territorial
(6) A self-repealing law has the effect same as though it
jurisdiction, except as permitted by Article 2. (Bar
had been repealed at the time of its expiration.
2011)
(5) Those war crimes which are triable by military
commissions. (Regalado) SUPPLEMENTARY EFFECT OF THE RPC
PROSPECTIVITY General Rule: The provisions of the Revised Penal Code

are supplementary to special laws.
GENERAL RULE: A penal law cannot make an act

Exceptions:
punishable in a manner in which it was not punishable
(1) Where the special law provides otherwise.
when committed.
(2) When the provisions of the RPC are impossible
of application, either by express provision or by
REASON: Under Art. 366 of the RPC, crimes are punished
necessary implication.
under the laws in force at the time of commission.
Provisions of the RPC SUPPLEMENTARY to special laws:

EXCEPTION: Whenever a new statute dealing with crime
• Article 8 (regarding conspiracy)
establishes conditions more lenient or favorable to the
• Article 12, paragraph 3 (regarding exempting
accused, it can be given a retroactive effect.
circumstance of minority was applied to R.A.
EXCEPTION TO THE EXCEPTION:
509, the Anti-Profiteering Law.)
(1) Where the new law is expressly made inapplicable
• Article 17 (regarding the participation of the
to pending actions or existing causes of action.
principal in the commission of the crime)
(2) Where the offender is a habitual delinquent.
• Article 22 (with reference to the retroactive
effect of penal law if they favored the accused)
KINDS OF REPEAL
• Article 100 and 39 (regarding the indemnity and
subsidiary imprisonment were applied to the
(1) Absolute or Total Repeal
Motor Vehicle Law)
A repeal is absolute when the crime punished under
the repealed law has been decriminalized by the sub-
sequent law. PRO REO PRINCIPLE
(2) Partial or Relative Repeal
A repeal is partial when the crime punished under the
Penal laws are strictly construed against the Government
repealed law continues to be a crime in spite of the
and liberally in favor of the accused.
repeal.

The in dubio pro reo principle is the rule of lenity. It is the non est meus actus. An act done by me against my
doctrine that "a court, in construing an ambiguous will is not my act
criminal statute that sets out multiple or inconsistent
punishments, should resolve the ambiguity in favor of the b. “Intelligence” Capacity to know and understand the
more lenient punishment." Thus, whenever a situation consequences of one’s act.
obtains where two interpretations are possible, one NOTE: The offender must have the intelligence while
exculpatory and the other inculpatory, the former shall doing the act or omitting to do the act. Without such
prevail, consistent with the rule on presumption of intelligence, it becomes necessary to determine the
innocence morality of human acts, and no crime can exist. Thus,
an imbecile or the insane and the infant under 15
years of age, as well as the minor over 15 but less than
In the construction or interpretation of the provisions of
18 who acted without discernment have no criminal
the RPC, the Spanish text is controlling.
liability, because they acted without intelligence (Art.
12, par. (1), (2), and (3))
B. FELONIES
c. “(Criminal) Intent” The purpose to use a particular
FELONIES means to effect such result.
Acts and omissions punishable by the Revised Penal Code. • (General) Intent to commit an act with
malice, being a purely mental process, is
NOTE: Crimes under the RPC are called felonies, while presumed.
crimes penalized by special laws are termed offenses. • Intent presupposes the exercise of
freedom and the use of intelligence.
• Absence of criminal intent is a defense not
ELEMENTS OF FELONIES (GENERAL)
to incur criminal liability.
NOTE: Actus non facit reum, nisi mens sit rea. The
a. There must be an act or omission.
act of a person does not make him a criminal, unless
his mind be criminal.
“ACT” Any bodily movement tending to produce
some effect in the external world. It must be an
GENERAL vs SPECIFIC INTENT
external act.
“OMISSION” An inaction or failure to perform a
positive duty required by law. General Criminal Specific Criminal
Intent Intent
b. That the act or omission be punishable by the
Revised Penal Code. An intention to do a An intention to commit
wrong. a definite act.
NOTE: Nullum crimen, nulla poena sine lege.. There
is no crime where there is no law punishing it. Presumed to exist Existence of the intent
from the mere doing is not presumed.
c. That the act is performed or the omission incurred of a wrongful act
by means of dolo or culpa.
The burden of proving The burden of proving
the absence of intent the existence of the
INTENTIONAL FELONIES (DOLO)
is upon the accused. intent is upon the
The act or omission is performed with deliberate intent or
prosecution; as such
malice to do an injury.
intent is an element of
the crime.
The offender has the intention to cause injury to the
person, property, or right of another.
CULPABLE FELONIES (CULPA)
Requisites: (FII) Act or omission is not malicious. (Performed without
a. “Freedom” Voluntariness on the part of the person malice). It is by mere fault, or by imprudence, negligence,
to commit the crime. lack of foresight, or lack of skill. (Bar 2011)
NOTE: The offender must have freedom while doing • The offender has no intention to cause an injury to
an act or omitting to do an act. Actus me invito factus the person, property or right of another.

• The injury caused by the offender to another is Imprudence Negligence

unintentional and merely through fault. Deficiency of action Deficiency of perception
• Acts executed negligently are voluntary. Lack of skill Lack of foresight
Requisites: (FIN) DOLO VS. CULPA

a. Freedom
b. Intelligence
c. Negligence INTENTIONAL CULPABLE
(DOLO) (CULPA)
NOTE: In culpable felonies, the act or omission must also
Act is malicious. Not Malicious.
be voluntariness, freedom and intelligence on the part of
the offender, but the element of criminal intent is
With deliberate intent. Injury caused is
replaced with the requisite of “imprudence, negligence,
unintentional being
lack of skill or foresight”
incident of another act
performed without malice.
Intent Motive
It is the reason for using It is the moving power Has intention to cause an Wrongful act results from
a particular means to which impels one to injury. imprudence, negligence,
effect such result. action for a definite result. lack of foresight or lack of
It is an element of the It is not an element of the skill.
crime, except in crime.
unintentional felonies.
Examples of crimes which CANNOT be committed
It is essential in It is essential only when
through imprudence or negligence (as they require
intentional felonies. the identity of the
specific intent):
perpetrator or the
(1) Murder
specific crime committed
(2) Treason
is in doubt.
(3) Robbery
(4) Malicious Mischief
RULE ON MOTIVE: the motive of the offender is not
(5) Arson
essential for the commission of a crime. neither is it
relevant for conviction.
SPECIAL FACTORS AFFECTING INTENT AND
CRIMINAL LIABILITY
WHEN MOTIVE IS NECESSARY:
(1) There is doubt as to the identity of the assailant;
(1) Mistake of Fact — Negates criminal liability, akin to a
(2) In ascertaining the truth between the conflicting
justifying circumstance under Art. 11
theories or versions of the killing;
(2) Aberratio Ictus (Mistake in Blow) — Generally
(3) Where the identification of the accused proceeds
increases criminal liability, as a complex crime (Art. 48)
from an unreliable source and the testimony is
(3) Error in personae (Mistake in Identity) — May or may
inconclusive and not free from doubt;
not lower criminal liability depending on whether the
(4) Where there are no eyewitnesses to the crime and
actual crime committed and the intended crime are of
suspicion is most likely to fall upon a number of
equal or different gravity (Art. 49)
persons;
(4) Praeter Intentionem (No intent to cause so grave a
(5) If the evidence is merely circumstantial (Bar 2011)
(6) In ascertaining the motive in defense of stranger. wrong as that committed) — Lowers criminal liability
(7) In verifying the specific intent of the offender as a mitigating circumstance under Art. 13
which would therefore determine the correct (5) Proximate Cause (The cause of the cause is the cause
crime the offender’s act or acts would fall under. of the evil caused) — Gives rise to criminal liability by
analogy to Art. 4, par. 1
NOTE: Motive alone is not sufficient to support a
conviction. Even a strong motive to commit the crime (HONEST) MISTAKE OF FACT
cannot take the place of proof beyond reasonable doubt,
sufficient to overthrow the presumption of innocence. A misapprehension of fact on the part of the accused who
(People vs. Pisalvo) caused injury to another.

• It destroys the presumption of criminal intent great disparity between the intended felony and the actual
which arises upon the commission of a felonious felony committed.
act. (People v. Coching, et al. citing People v. Oanis)
• It is NOT applicable in culpable felonies. This is a mitigating circumstance (Art. 13,(3)). But if the
• It CANNOT be invoked in error in personae or mis- means used to commit the desired crime would also
take in identity. logically and naturally bring about the actual felony
committed, praeter intentionem will not be appreciated.
Requisites:
a. The act done would have been lawful had the PROXIMATE CAUSE (THE CAUSE OF THE CAUSE IS
facts been as the accused believed them to be; THE CAUSE OF THE EVIL CAUSED)
b. That the intention of the accused in
performing the act should be lawful; Proximate cause is that cause which, in its natural and
c. That the mistake must be without fault or care- continuous sequence, unbroken by an efficient intervening
less on the part of the accused. cause, produces the injury, and without which the result
would not have occurred. That acting first and producing
ABERRATIO ICTUS (MISTAKE IN BLOW) the injury, either immediately or setting other events in
motion, all constituting a natural and continuous chain of
The offender intends the injury on one person but the events, each having a close causal connection with its
harm fell on another, or both. immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable
The act may result in a complex crime (Art. 48) or in two or result of the cause which first acted, under such
more separate felonies, but there is only one intent that circumstances that the person responsible for the first
characterized the crimes. event should, as an ordinary and prudent and intelligence
person, have reasonable ground to expect at the moment
ERROR IN PERSONAE (MISTAKE IN IDENTITY) of his act or default that an injury to some person might
probably result therefrom. (Mckee vs IAC)
The offender committed a mistake in ascertaining the
identity of the victim CRIMINAL LIABILITIES
NOTE: The fact that the victims were different from the
one the offender intended cannot exculpate him. Mistake CRIMINAL LIABILITY IS INCURRED
in the identity of the victim carries the same gravity as
when the accused zeroes in on is intended victim. The (1) By any person committing a felony (although the
main reason is that the accused had acted with such a wrongful act done be different from that which he
disregard for the life of victims without checking carefully intended)
the latter’s id entity as to place himself on the same legal
plain as the one who kills another wilfully. It is not a Rule: A person who commits a felony is responsible
mitigating circumstance (People vs. Pinto) for all the consequences which may naturally and
logically result therefrom, whether foreseen or
MISTAKE IN BLOW MISTAKE IN IDENTITY intended or not
3 persons involved: the 2 persons present: the
offender, the actual victim, offender and the actual Elements:
and the intended victim. victim a. A person is committing a felony
Generally aggravates the May or may not be b. That the wrong done to the victim be the direct,
liability for a complex crime mitigating natural, and logical consequence of the felony
or two separate felonies committed by the offender, although it was
may be committed because different from that which he intended
there could be two victims
(2) By any person performing an act which would be an
offense against persons or property, were it not for
PRAETER INTENTIONEM (NO INTENT TO CAUSE SO
the inherent impossibility of its accomplishment or
GRAVE A WRONG AS THAT COMMITTED)
an account of the employment of inadequate or
ineffectual means. (Impossible Crime)
The injury is on the intended victim but the resulting injury
or wrong is so grave than what was intended. There is a
Requisites: (2) Arresto Mayor;

a. The act performed would be an offense against (3) Destierro;
persons or property (4) Suspension;
b. That the act was done with evil intent (5) Fines equal to or more than 40,000 pesos but
c. That its accomplishment is inherently less than 1,200,000 pesos.
impossible, or that the means employed is
either inadequate or ineffectual Rules on Grave and Less Grave Felonies:
i. Legal Impossibility - Where the intended (1) Where the penalty prescribed for the offense is
acts, even if completed would not composed of two or more distinct penalties, the
amount to a crime. It applies to those higher of highest of the penalties must be an
circumstances where: afflictive/ correctional penalty.
1. The motive, desire and expectation (2) If the penalty prescribed is composed of two or
is to perform an act in violation of more period corresponding to different divisible
the law penalties, the higher or maximum must be that of
2. There is intention to perform the an afflictive/ correctional penalty.
physical act (3) If the penalty is composed of two periods of an
3. There is a performance of the afflictive/ correctional penalty or two periods
intended physical act corresponding to different afflictive/ correctional
4. The consequence resulting from penalties, the offense for which is prescribed is a
the intended act does not amount grave felony/ less grave felony.
to a crime.
ii. Physical/Factual Impossibility - This LIGHT FELONIES
occurs when the extraneous Those infractions of law for the commission of which the
circumstances unknown to the actor or penalty of arresto menor or a fine not exceeding 40,000
beyond his control prevent the pesos, or both, is provided. (RA 10951, Sec. 1)
consummation of the intended crime.
NOTE When the code provides a fine of exactly 40,000
d. That the act performed should not constitute a pesos for the commission of a felony, it is a light felony
violation of another provision of the RPC. regardless of the provision in Article 26 of the Code which
provides that a fine not less than 40,000 pesos is a
GRAVE VS. LESS GRAVE VS. LIGHT correctional penalty.
FELONIES
Note: Only principals and accomplices can be held liable
for light felonies.
GRAVE FELONIES
Those to which the law attaches the capital punishment or
penalties which in any of their periods are AFFLICTIVE, in GENERAL RULE: Light felonies are punishable only when
accordance with Article 25 of the Code. they have been consummated.
Enumeration of Penalties under Grave Felonies: EXCEPTION: Light felonies committed against persons or
(1) Reclusion Perpetua; property, are punishable even if attempted or frustrated.
(2) Reclusion Temporal;
(3) Absolute or Temporary Absolute Light Felonies under RPC:
Disqualification; (1) Slight physical injuries and maltreatment [Art.
(4) Absolute or Temporary Special Disqualification; 266]
(5) Prision Mayor (2) Theft [Art. 309, pars. 7 and 8]]
(6) Fines more than 6000 pesos. (3) Alteration of boundary marks [Art. 313]
(4) Malicious Mischief [Art. 328(3); Art 329, (3)]
LESS GRAVE FELONIES (5) Intriguing against honor [Art. 364]
Those which the law punishes with penalties which in their
maximum are CORRECTIONAL, in accordance with Article IMPORTANCE OF CLASSIFICATION
25 of this Code. (1) To determine whether these felonies can be
complex crimes or not.
Enumeration of Penalties under Less Grave Felonies: (2) To determine the prescription of the crime and
(1) Prision Correctional; the prescription of the penalty.

AFFLICTIVE PENALTY • Act or omission should NOT be punished

A fine, whether imposed as a single or as an alternative by a special law.
penalty, exceeding One million two hundred thousand • Any person who creates in another’s mind
(₱1,200,000) an immediate sense of danger, which
causes the latter to do something resulting
CORRECTIONAL PENALTY in the latter’s injuries, is liable for the
A fine, whether imposed as a single or as an alternative resulting injuries.
penalty, not exceeding One million two hundred thousand
pesos (₱1,200,000) but is not less than Forty thousand b. That the wrong done to the aggrieved party must
pesos (₱40,000) be the direct, natural, and logical consequence of
the felony committed.
LIGHT PENALTY A person is criminally responsible for acts
A fine, whether imposed as a single or as an alternative committed by him in violation of the law and
penalty, less than Forty thousand pesos (₱40,000). for all the natural, direct, and logical
consequences resulting therefrom.
ABERRATIO ICTUS, ERROR IN
PROXIMATE CAUSE
PERSONAE, & PRAETER INTENTIONEM
That cause, which, in natural and continuous sequence,
(See. Page 8)
unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have
BAR 1999: ABERRATIO ICTUS, ERROR IN PERSONAE, occurred
AND PRAETER INTENTIONEM • If the result can be traced back to the original
act, then the doer of the original act can be held
(1) Error in Personae criminally liable.
Mistake in the identity of the victim. • The must be a relation of “cause and effect,” the
cause being the felonious act of the offended, the
(2) Abberatio Ictus effect being the resultant injuries and/or death
Mistake in the blow, that is, when the offender of the victim.
intending to do an injury to one person actually
inflicts it on another; and Thus, the person is still criminally liable if the wrongful act
done be different from that which he intended.
(3) Praeter Intentionem
The injurious result is greater than that intended. When death is presumed to be the natural consequence of
physical injuries inflicted:
ELEMENTS OF CRIMINAL LIABILITY

(1) That the victim at the time the physical injuries
inflicted was in normal health.
Par. 1: (2) That death may be expected from the physical
By any person committing a felony (delito) although the injuries inflicted.
wrongful act done be different from which he in-tended. (3) That death ensued within a reasonable time.
• It covers intentional crimes (dolo) only.
• The wrongful act done must NOT result from Felony committed is not the proximate cause of the
imprudence, negligence, lack of foresight or lack resulting injury when:
of skill of the offender
(1) There is an active force between the felony
Requisites: committed and the resulting injury, such active
a. That an intentional felony has been committed. force is distinct a distinct act or fact absolutely
No felony is committed when: foreign from the felony committed.
i. The act or omission is not punishable by (2) The resulting injury is due to the intentional act of
the RPC; or the victim. (i.e. fault or carelessness of the victim
ii. The act is covered by any of the justifying must have its origin from his malicious act or
circumstances omission so as to increase the criminal liability of
the assailant.

IMPOSSIBLE CRIME (2) External Acts

(See: page 13) a. preparatory acts – generally not punishable,
Requisites: except when the law provides otherwise (ex.
a. That the act performed would be an offense Proposal and conspiracy to commit a felony;
against persons or property Art. 304: possession of picklocks, and Art. 176:
b. That the act was done with evil intent possession of implements for committing
c. That its accomplishment is inherently impossible, falsification)
or that the means employed is either inadequate or b. acts of execution – performance of overt acts
ineffectual which, if continued, will logically result in a
d. That the act performed should not constitute a felony. Punishable under Art. 6 of the RPC
violation of another provision of the RPC.
STAGES OF EXECUTION
STAGES OF EXECUTION
(1) Attempted — when the offender commences the
commission of a felony directly by overt acts, and
MANNER OF COMMITTING CRIMES
does not perform all the acts of execution which
should produce the felony by some cause or accident
(1) Formal Crimes
other than his own spontaneous desistance
Consummated in one instant, no attempt. It con-
(2) Frustrated — when the offender performs all the acts
summates the crime by mere attempt or proposal or
of execution which would produce the felony as a
by overt act.
consequence but which, nevertheless, do not
produce it by reason of causes independent of the
E.g. slander, false testimony, mere act of selling or
will of the perpetrator
acting as a broker for the sale of prohibited drugs,
(3) Consummated — when all the elements necessary for
flight to the enemy's country, corruption of minors,
its execution and accomplishment are present.
treason, physical injuries, acts of lasciviousness.
Importance to classify the stage: for purposes of applying

(2) Crimes consummated by mere attempt or proposal
the proper penalty.
or by overt act.
ATTEMPTED FELONY
(3) Felony by omission
There is no attempted stage because the of-fender
does not execute acts. He omits to perform an act ELEMENTS
which the law requires him to do. (Except for killing (1) That the offender commences the commission of a
a child by starving him) felony directly by overt acts.
Felony deemed commenced directly by overt acts
(4) Crimes requiring the intervention of two persons when the following are present:
to commit them are consummated by mere A. That there be external acts;
agreement. (e.g. betting in sports contests, B. Such external acts have direct connection
corruption of public officials, etc.) with the crime intended to be committed.
• The offer made by one of the parties to the Overt Act
other constitutes attempted felony if the offer A physical activity or deed, indicating an intention to
is rejected. commit a crime. [Reyes]
• It is frustrated if the person returned the
money given by the offender. Indeterminate Offense
It is one where the purpose of the offender in
performing an act is not certain. Its nature in relation
(5) Material Crimes
to its objective is ambiguous; thus, the accused may
Crimes which involve the three stages of execution.
be convicted of a felony defined by the acts
(e.g. homicide, murder, robbery, etc.)
performed by him up to the time of desistance.
DEVELOPMENT OF CRIME
“Directly by overt acts”
(1) First stage - Internal acts
Only offenders who personally execute the
Mere ideas in the mind of a person are not
commission of a crime can be guilty of attempted
punishable.

felony. Thus, principal by inducement cannot be

Time or Period Employed
guilty of attempted felony.
Desistance made during Desistance made after
(2) That the offender does not perform all the acts of the attempted stage. the attempted stage of
execution which produce the felony. the crime.
Something still remains to be done by the offender.

The spontaneous desistance of the accused is
If anything yet remained for him to do, he would be
EXCULPATORY only:
guilty of attempted felony.
(1) if made during the attempted stage, and
(2) provided that the acts already committed
(3) The offender’s act is not stopped by his own
do not constitute any offense.
spontaneous desistance.
FRUSTRATED FELONY
The offender fails and stops to perform all the acts of
execution which should produce the felony because
ELEMENTS
of some cause or accident, not his own spontaneous
desistance.
(1) The offender performs all the acts of execution;
(4) The non-performance of all acts of execution was

NOTE: The offender must perform all the acts of
due to a cause or accident other than his own
execution. Nothing more is left to be done by the
spontaneous desistance.
offender, because he has performed the last act
necessary to produce the crime.
If the actor does not perform all the acts of execution
by reason of his own spontaneous desistance, there
(2) All the acts performed would produce the felony
is no attempted felony. The law does not punish him.
as a consequence;
• It is not necessary that spontaneous
(3) But the felony is not produced; and
desistance be actuated by good motives.
(4) The felony is not produced by reason of causes
• Desistance should be made before all the acts independent of the will of the perpetrator.
of execution are performed.
Certain causes which may prevent the
Desistance consummation of the offense are:
It is an absolutory cause which negates criminal a. Intervention of third persons who
liability because the law encourages a person to prevented the consummation of the
desist from committing a crime. offense; thus, it makes it frustrated.
• The desistance which exempts from criminal b. Perpetrator’s own will; thus, it ceases to
liability has reference to the crime intended be frustrated.
to be committed, and has no reference to the
crime actually committed by the offender CONSUMMATED FELONY
before his desistance.
When all the elements necessary for its execution and

Legal Desistance Factual Desistance accomplishment are present, the crime is consummated.
Definition NOTE: The offender does not have to do anything else to

consummate the offense. He has already reached the
Desistance referred to in Actual Desistance of objective stage of the offense as he no longer has control
law which would obviate the actor; the actor is of his acts having already performed all that is necessary
the criminal liability still liable for the to accomplish his purpose.
unless the overt act or attempt.
preparatory act already Factors in determining stage of execution of felony:
committed in (1) Nature of the offense;
themselves constitute a (2) Elements constituting the felony;
felony other than what (3) Manner of committing the felony;
the actor intended.

Consummated Stage
Attempted Frustrated Impossible
It is the result of the acts of the execution, that is, the
accomplishment of the crime.
Evil intent is not Evil intent is not Evil intent is not • If both the subjective phase and objective phase
accomplished. accomplished. accomplished. are present, there is a consummated felony.
EFFICIENT INTERVENING CAUSES

Evil intent is Evil intent is Evil intent is
possible of possible of impossible to
Causes interrupting the natural flow of events from the
accomplishment. accomplishment. accomplish.
happening of the allegedly felonious act to the resulting
injury. This may relieve the offender from criminal liability
What prevented What prevented Evil intent
the the cannot be
Not efficient intervening causes:
accomplishment accomplishment accomplished
is the is the because of its
(1) The weak or diseased physical condition of the
intervention of intervention of inherently
victim. (e.g. tuberculosis, heart disease)
certain cause or certain cause by impossible
(2) The nervousness or temperament of the victim; (e.g.
accident in a third person to accomplishment
removing the drainage from wound)
which the prevent its or the means
(3) Causes which are inherent in the victim; (e.g. not
offender had no consummation employed by the
knowing how to swim, tuba addict)
part. or by the own offender is
(4) Neglect of the victim or third person; (ex. Refusal of
will of the inadequate or
medical attendance)
perpetrator. ineffectual.
(5) Erroneous or unskilled medical or surgical treatment
(unless the wound is slight or not mortal)
PHASES OF THE OFFENSE IN RELATION TO THE
STAGES OF EXECUTION
IMPOSSIBLE CRIME
(1) SUBJECTIVE PHASE - That portion of the acts
constituting the crime, starting from the point where Par. 2
the offender begins the commission of the crime to By any person performing an act which would be an
that point where he still has control over his acts, offense against persons or property, were it not for the
including the act’s natural course.
inherent impossibility of its accomplishment or on the
NOTE: During this phase, the offender is stopped by
account of employment of inadequate or ineffectual
any cause outside of his voluntary desistance, the
means.
subjective phase has not been passed and it is an
attempt.
IMPOSSIBLE CRIME
(2) OBJECTIVE PHASE – That portion the phase which

Its commission is indicative of a criminal propensity or
commences once the offender has performed the
criminal tendency on the part of the actor; he is a potential
last act to complete the elements of the crime
criminal.
NOTE: If he has not so stopped in the subjective
• It is based on the positivist theory.
phase, but continues until he performs the last act, it
• There is no attempted or frustrated impossible
is frustrated, provided the crime is not produced. If
crime. It is always consummated.
it is produced, the crime is consummated.
• Impossible crimes ONLY apply to grave and less
grave felonies.
In attempted felony, the offender never passes the
subjective phase of the offense.
REQUISITES OF IMPOSSIBLE CRIME:
Attempted Stage
Marks the commencement of the subjective phase. (1) That the act performed would be an offense against
persons or property.
Frustrated Stage
The end of subjective phase and the start of the
objective phase.
CRIMES CRIMES AGAINST acts, there is only one crime committed; hence, only one
AGAINST PROPERTY penalty shall be imposed. It is a continuous, unlawful act
PERSONS or series of acts set on foot by a single impulse and
Parricide [Art. Brigandage [Art. 306 - 307] operated by an unintermittent force, however long a time
246] Robbery [Art. 294, 297 300, it may occupy. (People vs De Leon)
Physical injuries 302 - 303]
[Art. 262 - 266] Usurpation [Art. 312 - 313] COMPLEX CRIMES AND
Rape [Art. 266 - Culpable Insolvency [Art.
COMPOSITE CRIMES
A] 314]
Abortion [Art. Theft [Art. 308, 310, 311]
256 - 259] Swindling and other deceits PLURALITY OF CRIMES
Homicide [Art. [Art. 315 - 318] Consists in the successive execution, by the same
249] Chattel Mortgage [Art. 319] individual, of different criminal acts, upon any of which no
Murder [Art. 248] Arson and other crimes conviction has yet been declared.
Infanticide [Art. involving destruction [Art.
255] 320 - 326] Kinds:
Duel [Art. 260 - Malicious Mischief [Art. 327 (1) Ordinary Complex Crime
261] - 331] (2) Special Complex Crime or Composite crimes
(3) Continued Crimes
(2) That the act was done with evil intent.
(3) That its accomplishment is inherently impossible, (1) ORDINARY COMPLEX CRIMES
or that the means employed is either inadequate or When a single act constitutes two or more grave or less
ineffectual; and grave felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious
INADEQUATE, MEANING crime shall be imposed, the same to be applied in its
Insufficient. maximum period. (Art. 48)
INEFFECTUAL, MEANING
Means employed did not produce the result KINDS OF ORDINARY COMPLEX CRIMES
expected. (1) Compound Crimes
A single act constitutes two or more grave or less
Inherent impossibility of its accomplishment: grave felonies.
(1) Legal impossibility
Where the intended acts, even if Requisites:
completed would not amount to crime. a. That only a single act is performed by the
(e.g. Stealing a property that turned out offender;
to be owned by the stealer). (Intod v. CA) b. That the single act produces:
(2) Physical impossibility i. Two or more grave felonies
When extraneous circumstances ii. One or more grave and one or more
unknown to the actor or beyond his less grave felonies, or
control prevent the consummation of the iii. Two or more less grave felonies.
intended crime. (e.g. When one tries to
murder a corpse; peppered the victim’s Excluded:
house with bullets, the victim being a. Light felonies - if produced by the same act
absent at the time)Where the means should be punished as separate offenses
employed is adequate and the result is b. Crimes punished under special penal laws
not produced, it is not an impossible
crime, but a frustrated felony. (People v.
Examples:
Domasian, 1993)
a. A person throwing a grenade at one person
but killing several people (People vs Guillen)
CONTINUING CRIMES b. A single bullet killing two or more persons
(See: page 16) (People vs Caldito)
A single crime, consisting of a series of acts but all arising • Criminal negligence [Art. 365] can be complexed.
from one criminal resolution. Although there is a series of
(2) Complex crime proper NO COMPLEX CRIME:

An offense is a necessary means for committing (1) In case of continuous crimes;
another offense. (2) When one offense is committed to conceal the other;
(3) When the other crime is an indispensable part or an
Requisites: element of the other offense or offenses;
a. At least two offenses are committed; (4) Where one of the offenses is penalized by a special
b. One or some of the offenses must be law; and
necessary to commit the other; and (5) When the provision provides for a two-tiered
c. Both or all of the offenses must be punished penalty.
under the same statute.
NOTE:
• Note: Necessary means is not equivalent to • Art. 48 is intended to favor the culprit.
indispensable means. It is also not inherent in • The penalty for complex crime is the penalty for
the crimes nor defines the other crime so as to the most serious crime, the same to be applied in
constitute an element of another offense its maximum period
committed.
• If different crimes resulting from one single act are
The first offense must be consummated.
punished with the same penalty, the penalty for
any one of them shall be imposed the same to be
Excluded: applied in the maximum period.
a. When the crimes committed are punished by • When two felonies constitute a complex crime, are
the RPC and SPL punishable by imprisonment and fine respectively
NOTE: Complex compound crimes expressly only the penalty of imprisonment should be
refer to “felonies." Complex crime proper imposed.
cannot exist when the crimes involved are • There is no fine imposed in complex crimes.
punished under different statutes
• There is no complex crime in estafa thru
b. When the law specifically fixes a single falsification of private document as both crimes re-
penalty for two or more offenses committed quire damage as an element which, if used for one
NOTE: These are referred to Special Complex renders the other incomplete, hence, the query is
Crimes as to which crime was committed first.
c. When the law specifically fixes a single • There is no complex crime of rebellion with
penalty when two offenses result from a murder arson, robbery or other common crimes.
single act • Article 48 does not apply to Act Penalized under
d. When the law imposes “another penalty in Article 365 (criminal negligence) of the RPC
addition” to the crime
e. When the crimes have common elements (2) SPECIAL COMPLEX CRIMES OR COMPOSITE CRIMES
NOTE: This is when two crimes are Those which are expressly treated by law as single
committed but there is a common element to indivisible offenses although comprising more than one
both crimes. In such case, the element specific crime and with specific penalty.
cannot be appreciated as present for both,
but rather, can be counted only as to one of Examples:
the crimes, rendering the other crime • Rape with homicide,
incomplete. The homicide must always be consummated; other-
f. When the crimes involved are subject to the wise, the two would constitute separate offenses.
rule of absorption of one crime by the other The rape may either be consummated or attempted.
i. The prior crime committed was • Kidnapping with homicide,
indispensable in committing the other, • Kidnapping with rape,
then it would constitute an inherent
• Robbery with rape,
element in the subsequent crime
Additional acts of rape not aggravating.
ii. The prior crime committed is
considered an aggravating
NOTE: There is no complex crime of Arson with Homicide.
circumstance of the subsequent crime
(People v. Edna)
g. When the crime is committed through
negligence or imprudence

ORDINARY COMPLEX SPECIAL COMPLEX province wherein any of the essential ingredients thereof
CRIME CRIME OR COMPOSITE took place.
CRIME
As to their concept Real or material plurality Continued crime
It is made up of two or more It is made up to two or There is series of acts There is a series of acts
crimes being punished in more crimes which are performed by the offender. performed by the
distinct provisions of the considered only as a offender.
RPC but alleged in one component of a single Each act performed by the The different acts
information either because indivisible offense being offender constitutes a constitute only one
they were brought about by punished in one separate crime; each act is crime; all of the acts
a single felonious act or provision of the revised generated by a distinct performed arise from
because one offense is a penal code. criminal impulse one criminal resolution.
necessary means for
committing the other CONTINUING OFFENSE
offense or offenses. A continuous, unlawful act or series of acts set on foot by
As to penalty a single impulse and operated by an unintermittent force,
Penalty for the most It is the penalty however long a time it may occupy. Although there is a
serious crime shall be specifically provided for series of acts, there is only one crime committed. Hence,
imposed and in its the special complex only one penalty shall be imposed.
maximum period. crime that shall be
applied according to the CIRCUMSTANCES AFFECTING CRIMINAL
rules on imposition of
the penalty.
LIABILITY
(3) CONTINUING CRIMES MODIFYING CIRCUMSTANCES affects not only criminal

A single crime, consisting of a series of acts but all arising liability, but also the civil liability ex delicto
from one criminal resolution. Although there is a series of
acts, there is only one crime committed; hence, only one
EFFECT ON CRIMINAL EFFECT ON CIVIL LIABILITY
penalty shall be imposed. It is a continuous, unlawful act
LIABILITY EX DELICTO
or series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a time JUSTIFYING CIRCUMSTANCES (Art. 11)
it may occupy. (People vs De Leon)
Negates criminal Generally no civil liability,
NOTE: When the first criminal act was committed, it must liability EXCEPT in par. 4 of Art. 11
be shown that the offender already intended to commit the where the civil liability is
subsequent series of acts. Otherwise, if each act was borne by the persons
independent in the sense that it arose from different benefited by the act (Art. 101)
criminal resolutions, each must be considered as a
separate offense. Thus, the criminal intent of the offender EXEMPTING CIRCUMSTANCES (Art. 12)
is important. Such kind of crimes is not found in the RPC
but is provided for under jurisprudence Negates criminal Generally, there is civil
liability liability ex delicto, EXCEPT in
Requisites: accident and insuperable
a. There are a series of acts (regardless of the period cause Art. 12(4,7), which
strictly are not criminal
of time over which it occurred)
b. Such acts arise out of a singular criminal purpose
ABSOLUTORY CIRCUMSTANCES
and resolution to attain a definite objective
c. All of such acts violates the criminal offense as Negates criminal Unsure but since they are akin
defined liability to exempting circumstances,
there is civil liability.
In determining venue, a continued, continuous or
continuing crime is DIFFERENT from a transitory crime MITIGATING CIRCUMSTANCES (Art. 13)
(moving crime) – in the latter case, criminal action may be
instituted and tried in the court of the municipality, city or
Reduces criminal Court can take them into (2) Art. 69 — If the deed is not wholly excusable by
liability consideration in the award of reason of the lack of some of the conditions
damages required to justify it or to exempt from criminal
liability, if majority of such conditions are present.
AGGRAVATING CIRCUMSTANCES (Art. 14)
AGGRAVATING CIRCUMSTANCES (Art. 14)
Increases criminal Court can take them into
liability consideration in the award of Generic Aggravating —
damages (1) Taking advantage of public position
(2) In contempt or with insult to the public authorities
ALTERNATIVE CIRCUMSTANCES (Art. 15) (3) Dwelling of the offended party
(4) Abuse of confidence
Reduces or increases Court can take them into
(5) Obvious ungratefulness
criminal liability, as the consideration in the award of
(6) Crime committed in the palace of the Chief
case may be damages
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.
ENUMERATION OF THE CIRCUMSTANCES
(7) Nighttime
(8) Uninhabited place
JUSTIFYING CIRCUMSTANCES (Art. 11)
(9) Band
(1) Self-defense (10) Conflagration, shipwreck, earthquake, epidemic or
(2) Defense of relatives other calamity or misfortune
(3) Defense of strangers (11) Aid of armed men or
(4) State of necessity or the avoidance of a greater evil (12) Recidivism
(5) Performance of duty or lawful exercise of a right (13) Habituality or Reiteracion
(6) Obedience to lawful order of superior (14) Price, reward, or promise
(15) Inundation, fire, poison, explosion, stranding of a
EXEMPTING CIRCUMSTANCES (Art. 12) vessel or international damage thereto, derailment
of a locomotive, or by the use of any other artifice
(1) Imbecility or Insanity involving great waste and ruin
(2) Minority (as amended by RA 9344) (16) Evidence premeditation
(3) Accident (17) Craft, fraud or disguise
(4) Compulsion of an irresistible force (18) Superior strength or weakening of defense
(5) Impulse of an uncontrollable fear (19) Treachery
(6) Insuperable or lawful cause (20) Ignominy
(21) Unlawful entry
MITIGATING CIRCUMSTANCES (Art. 13) (22) Broken wall, roof, floor, door, or window
(23) Aid of persons under fifteen years of age
Ordinary Mitigating —
(24) Motor vehicles, motorized watercraft, airships, or
(1) Incomplete justifying or exempting circumstances
other similar means
(2) Senility (over 70 years of age)
(25) Cruelty
(3) Praeter intentionem
(4) Sufficient provocation
Specific Aggravating —
(5) Vindication of a grave offense
(1) Insult or in disregard of the respect due the
(6) Passion and obfuscation
offended party —crimes against persons and honor
(7) Voluntary surrender
(2) Superior strength or weakening of defense -
(8) Voluntary plea of guilt
crimes against persons property
(9) Physical defects
(3) Treachery —crimes against persons
(10) Illness diminishing the exercise of will-power
(4) Ignominy —crimes against chastity and persons
(11) Analogous circumstances
(5) Cruelty —crimes against chastity and persons
Privileged Mitigating —
Special Aggravating —
(1) Art. 68 — Minors over 15 and under 18 years of age
(1) Taking advantage of public position
who acted with discernment
(2) Organized or syndicated crime group

An element of responsibility without which a man cannot

(3) Multi-recidivism or habitual
be made to answer for the consequences of a crime.
(4) Quasi-recidivism (Art. 160)
(5) Complex Crimes (Art. 48)
(6) Error in personae (Art. 49) JUSTIFYING CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES (Art. 15) JUSTIFYING CIRCUMSTANCES

Those were the act of a person is said to be in accordance
(1) Relationship with law, so that such person is deemed not to have
(2) Intoxication transgressed the law and is free from both criminal and
(3) Degree of instruction and education of the civil liability. There is no civil liability, except in par. 4 of
offender Article 11 where the civil liability is born by the persons
benefited by the act.
ABSOLUTORY CIRCUMSTANCES
I. Self-Defense
II. Defense of Relatives
(1) Spontaneous desistance in the attempted stage
unless the overt act committed already constitutes III. Defense of Strangers
a crime other than that intended (Art. 6, par. 3) IV. Avoidance of greater evil or injury
(2) Attempted or frustrated light felonies except those V. Fulfillment of duty or lawful exercise of right or
against persons or property (Art. 7) office
(3) Accessories in light felonies (Art. 16) VI. Obedience to an order issued for some lawful
(4) Certain relatives who are accessories subject to purpose (Art. 11, RPC)
the requisites provided (Art. 20) VII. Battered Woman Syndrome (R.A. No. 9262)
(5) Death and physical injuries inflicted under
exceptional circumstances (Art. 247) Burden of Proof
(6) In trespass, a person is not liable if he entered The burden of proof is on the accused who must prove it
another’s dwelling for the purpose of preventing by clear and convincing evidence.
some serious harm to himself, the occupants of the
dwelling or a third person, nor shall it be applicable Effect of Justifying Circumstance
to any person who shall enter a dwelling for the There is both no crime and no criminal.
purpose of rendering some service to humanity or
justice, nor to anyone who shall enter cafes, I. SELF-DEFENSE <
taverns, inns, and other public places (Art. 280) Justified because of man’s natural instinct to protect,
(7) Certain relatives in theft, estafa, and malicious repel, and save his person or rights form impending danger
mischief (Art. 332) or peril. It is based on necessity and that impulse of self-
(8) Marriage of the offender with the offended party preservation born to man and part of his nature as a human
in cases of seduction, acts of lasciviousness, rape being. (Castanares vs CA).
(9) Instigation
(10) Battered woman syndrome (Sec. 26, RA 9262) Subjects of Self-Defense: (PPRH)
(11) Status offenses in Sec. 57 and 58, RA 9344 (1) Defense of Persons
(12) Mistake of fact (2) Defense of Property
(13) Repeal of a law, either absolute or modification of (3) Defense of Rights
the penalty when favorable to the offender (4) Defense of Honor
Requisites Of Self Defense: (URL)

a. Unlawful aggression on the part of the victim
against the accused’s person or rights
IMPUTABILITY, DEFINED
Self-Defense includes not only the define of the
The quality by which an act may be ascribed to a person as
person or body of the one assaulted but also that of
its author.
his rights, that is, those rights the enjoyment of
which is protected by law. These include —
RESPONSIBILITY, DEFINED
i. Right to life
The obligation of taking the penal and civil consequences
ii. Right to property
of the crime.
iii. Right to honor
When there is no peril to one’s life, limb, or rights,
GUILT, DEFINED
there is no unlawful aggression.
c. Lack of sufficient provocation on the part of the

“Actual” The danger must be present, that is, actually offender.
in existence. To be entitled to the benefit of self-defense, the one
defending himself must not have given cause for the
“Imminent” The danger is on the point of happening. aggression by his unjust conduct or by inciting or
It is not required that the attack already begins, for provoking the assailant.
it may be too late. There must be actual physical • No provocation at all was given to the
force or actual use of weapon aggressor by the person defending himself;
No Unlawful Aggression when there is agreement • Even if a provocation was given, it was not
to fight PROVIDED that: sufficient; or
(1) The challenge is voluntarily accepted. • Even if the provocation was sufficient, it was
If NOT voluntarily accepted, an attack not given by the person defending him-self;
subsequent to it is becomes an unlawful • Even if a provocation was given by the per-
aggression. son defending himself, it was not proximate
(2) It occurred at the stipulated time and place. and immediate to the act of aggression.
If NOT at the stipulated time and place, an Note: The exercise of a right cannot give rise to
attack subsequent to it becomes an unlawful sufficient provocation.
aggression.
One who voluntarily joins a fight cannot claim How to determine the sufficiency of provocation:
self-defense. The provocation is sufficient if it is adequate to stir
the aggressor to its commission.
Mistake of Fact The provocation is sufficient:
In relation to mistake of facts or good faith and (1) When one challenges a person into a fight.
honest belief of facts, the belief of the accused may (2) When one hurls invectives at another.
be considered in determining the unlawful
aggression. NOTE: The requisite of “lack of sufficient
provocation” refers EXCLUSIVELY to “the person
NOTE: There is self-defense even if the aggressor defending himself.” Thus, if the accused appears to
used a toy gun, provided that the accused believed it be the aggressor, it cannot be said that he was
to be a real gun. defending himself from the effect of another’s
aggression.
b. Reasonable necessity of the means employed to
prevent or repel it; RULES IN SELF-DEFENSE
Presupposes the existence of unlawful aggression, (1) Retaliation is not a self-defense
which is either imminent or actual. • In retaliation, the aggression begun by the
injured party already ceased when the person
“To prevent or repel” invoking self-defense attacked him.
A threat to inflict real injury places a person in
imminent danger; thus, it must be prevented. • When unlawful aggression ceases, the
An actual physical assault places a person in actual defendant no longer has the right to kill or even
danger; thus, it must be repelled. wound the aggressor.
(2) The attack made by the deceased and the killing of the
Elements: deceased by the defendant should succeed each other
a. Necessity for the course of action without appreciable interval of time.
b. Necessity of the means employed (3) The unlawful aggression must come from the person
Note: BOTH of elements must be reasonable. who was attacked by the person invoking self-defense.
(4) Nature, character, location, and extent of the wound of
The test of reasonableness depends on the the person invoking self-defense allegedly inflicted by
circumstances of each case. It depends on the nature the injured party may belie claim of self-defense.
and extent of the unlawful aggression. (5) Probability of the deceased being the aggressor belies
the claim of self-defense.
In determining whether it was reasonable, self-
preservation is of paramount consideration. Q: What is the effect when not all the requisites for self-
defense are present?
A: The accused cannot claim self-defense as a justifying b. Reasonable necessity of the means employed to
circumstance. However he could be entitled to either of prevent or repel it; and
the following provided unlawful aggression is present: c. The person defending is not induced by revenge,
• Ordinary mitigating circumstance — at least one resentment or other evil motives.
requisite which is unlawful aggression is present
• Privileged mitigating circumstance — at least two NOTE: Even if a person has a standing grudge
requisites, one is unlawful aggression is present against the assailant, if he enters upon the defense
of a stranger out of generous motive to save the
stranger from serious bodily harm or possible
II. DEFENSE OF RELATIVES <
death, the third requisite of defense of stranger
The person making defense is prompted by some noble or
still exists. The third requisite would be lacking if
generous sentiment in protecting and saving a relative.
such person was prompted by his grudge against
the assailant, because the alleged defense of the
Requisites:
stranger would be only a pretext.
a. Unlawful aggression to the relative of the person
invoking defense of relatives;
NOTE: This circumstance requires the person making
b. Reasonable necessity of the means employed to
defense to be actuated by disinterested or generous
prevent or repel it; and
motives.
c. In case the provocation was given by the person
attacked, the one making the defense had no part
Furnishing a weapon to one in serious dan-ger of being
therein.
throttled or about to be throttled is defense of stranger.
NOTE: The fact that the relative defended gave
provocation is immaterial. It does not negate the
application of this justifying circumstance, as long IV. AVOIDANCE OF GREATER EVIL OR INJURY >
as the person defending had no part in such Requisites:
provocation. a. The accused does an act which causes damage to
another in order to avoid an evil or injury which
Relatives that can be defended: actually exists, and is not brought about by the
(1) Spouse accused’s own acts;
(2) Ascendants • Evil sought to be avoided must not be merely
(3) Descendants expected or anticipated or may happen in the
(4) Legitimate, natural, or adopted brothers or future.
sisters • The state of necessity must not be brought
(5) Relative by affinity within the same degree about by the accused himself
(6) Relative by consanguinity within the fourth civil b. That the injury feared be greater than that done to
degree avoid it;
• An exercise of right is not an evil to be
“in-laws” relatives justifiably avoided.
Survives the death of either party to the marriage which c. That there be no other practical or less harmful
created the affinity. means of preventing it
• Greater evil must NOT be brought about by
Blood relatives: the negligence or imprudence or violation of
(1) Parents law by the actor.
(2) Legitimate Brothers and sisters
(3) Uncles, Nieces, Aunts, Nephews NOTE: It is only in this paragraph of Art. 11 where there is
(4) First cousins civil liability, BUT the civil liability is borne by the persons
benefited. [Art. 101] i.e., if firemen had to ram cars blocking
III. DEFENSE OF STRANGERS < their entry to a burning building, the persons the firemen
Requisites: would save from the fire bear the civil liability.
a. Unlawful aggression to the stranger defended;
NOTE: STRANGERS - any person not included in State Of Necessity vs Accident
the enumeration of relatives under par. 2 of Art. 11. Article 11, Par. 4 Article 12, Par. 4
Damage to another includes injury to persons and
damage to property.

coerce her to submit to his bidding with no concern for

Offender deliberately Offender accidentally
her rights.
caused damage caused damage
• Includes wives or women in any form of intimate
relationship with men.
V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE • Successfully invoking the Battered Woman
OF RIGHT OR OFFICE > Syndrome will create the effect of a circumstance of
self-defense.
Requisites:
a. That the accused acted in the performance of duty
THREE PHASES OF THE “CYCLE OF VIOLENCE”
or in the lawful exercise of a right or office; and
(1) Tension building phase;
b. That the injury caused or the offense com-mitted
This is the phase where minor batterings in the form of
be the necessary consequence of the due
verbal or slight physical abuse occurs. Here, the woman
performance of duty or the lawful exercise of such
tries to pacify the batterer through a show of kind,
right or office.
nurturing behavior; or by simply staying out of his way.
Lawful exercise of rights or office

(2) Acute battering incident;
Applying Art. 429 of the Civil Code, if, in protecting his
The same is characterized by brutality, destructiveness
possession of the property, he injures (not seriously) the
and sometimes, death. The battered woman usually
one trying to get it from him, he is justified under this
realizes that she cannot reason with him and that
paragraph. (Reyes)
resistance would only exacerbate her condition.
• It is not necessary that there be unlawful
aggression against the person charged with the
(3) Tranquil, loving (or, at least, nonviolent) phase.
protection of the property; otherwise, it will fall
This is where the couple experience a compound relief
under self-defense. (Reyes)
and the batterer may show a tender and nurturing
behavior towards his partner.
VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME
• In order to be classified as a battered woman, the
LAWFUL PURPOSE >
couple must go through the battering cycle at least
Requisites:
twice.
a. That an order has been issued by a superior;
• Crucial to the BWS defense is the state of mind of the
b. That such order must be for some lawful purpose;
battered woman AT THE TIME OF THE OFFENSE -
and
she must have actually feared imminent harm from
c. That the means used by the subordinate to carry
her batterer and honestly believed in the need to kill
out said order is lawful.
him in order to save her life.
This circumstance refers to an unlawful order with the

Requisites of BWS:
appearance of legality. Subordinate is not liable for
a. Each of the phases of the cycle of violence must be
carrying out an illegal order if he is not aware of its
proven to have characterized at least two battering
illegality and has exhibited no negligence.
episodes between the appellant and her intimate
partner.
Presupposes that what was obeyed by the accused was a
b. The final acute battering episode preceding the
lawful order.
killing of the batterer must have produced in the
battered person’s mind an actual fear of imminent
If the accused complied with an UNLAWFUL order under
harm from her batterer and an honest belief that
a MISTAKE OF FACT he should not incur a criminal liability.
she needed to use force in order to save her life;
c. At the time of the killing, the batterer must have
posed probable -- not necessarily immediate and
VII. BATTERED WOMAN SYNDROME (BWS) >
actual -- grave harm to the accused, based on the
R.A. No. 9262, otherwise known as the “Anti-Violence
history of violence perpetrated by the former
Against Women and their Children Act of 2004”, provided
against the latter.
the defense for the Battered Women Syndrome which took
effect on 27 March 2004.
Battered Woman, Defined

A woman who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to
EXEMPTING CIRCUMSTANCES II. Minority Absence of intelligence

III. Accident Absence of criminal intent
RULE: When the offender acts in accordance with and fault
exempting circumstances during the commission of the IV. Compulsion of an Absence of freedom of
felony, he is exempt from criminal liability but not the civil irresistible force action or voluntariness
liability ex delicto. V. Impulse of an Absence of freedom of
uncontrollable fear action or voluntariness
Exempting circumstances are those by virtue of which, VI. Insuperable or lawful Absence of criminal intent
although the act is criminal, the law exempts the actor cause and fault
from liability.
I. Imbecility or Insanity I. IMBECILITY OR INSANITY >
II. Minority Imbecility, defined
a. Children who are 15 years of age or under at Exists when a person, while of advanced age, has a mental
the time of the commission of the offense to development comparable to that of children between two
an intervention program. to seven years of age.
b. Children above 15 but below 18 who acted
without discernment. (Juvenile Justice and Insanity, defined
Welfare Act, R.A. No. 9344) Exists when there is a complete deprivation of intelligence
III. Accident without fault or intention of causing it of freedom of the will. Mere abnormality of mental
IV. A person who acts under the compulsion of an faculties is not enough especially if the offender has not
irresistible force lost consciousness of his acts.
V. Uncontrollable fear RULE
VI. Insuperable cause In imbecility or insanity, there must be a complete
deprivation of intelligence, reason and discernment. The
Burden of Proof offender is exempted because of complete absence of
The burden of proof to prove the existence of an intelligence.
exempting circumstances lies with the defense.
• Insanity and imbecility to exempt under Par 1, must
JUSTIFYING EXEMPTING be COMPLETE and they cannot be graduated in
CIRCUMSTANCES CIRCUMSTANCES degrees of gravity. (Regalado, 2009)
It affects the act not the It affects the actor not the • An insane person is not so exempt if it can be shown
actor; emphasis of the law act; emphasis of the law is that he acted during a lucid interval BUT an imbecile
is on the act on the actor is exempt in all cases from criminal liability.
The act is considered to The act complained of is • Feeblemindedness is not exempting but can be
have been done within the actually wrongful, but the considered as mitigating.
bounds of law; hence, actor is not liable. • Somnambulism or sleepwalking must be clearly
legitimate and lawful in proven to be considered as an exempting
the eyes of the law. circumstance under this article.
Since the act is Since the act complained
considered lawful, there is of is actually wrong, there TWO TEST OF INSANITY
no crime. is a crime but, since the (1) Test of COGNITION
actor acted without Complete deprivation of intelligence in
voluntariness, there is no committing the crime.
dolo or culpa. (2) Test of VOLITION
No crime There is a crime Total deprivation of freedom of will.
No civil liability (except There is civil liability
Art. 11, par. 4, where there (except Art. 12, par 4 and 7, NOTE: In the Philippines, both cognition and volition
is civil liability) where there is no civil test are applied there must be complete deprivation of
liability the intellect (cognition) or will or freedom (volition)
CIRCUMSTANCE BASIS OF EXEMPTION The defense must prove that the accused was insane at
I. Imbecility or Insanity Absence of intelligence the time of commission of the crime because the
presumption is always in favor of sanity.

Discernment Intent
Effects Of The Insanity Of The Accused Refers to moral Refers to the desired result of
Time when accused Effect on criminal liability significance the the person
was insane person ascribes to the
At the time of the Exempt from liability act.
commission of the
crime JUVENILE JUSTICE AND WELFARE ACT OF 2006
During trial Proceeding will be suspended (R.A. 9344)
and accused is committed to a (1) The following are EXEMPT from criminal
hospital liability:
After judgment or Execution of judgment is a. Children who are 15 years of age or under at
while serving suspended the accused is the time of the commission of the offense
sentence committed to a hospital the to an intervention program.
period of confinement in the i. If after the intervention there is no
hospital is counted for the reform the minor shall be returned to
purpose of the prescription of the court for the promulgation of the
the penalty decision against the minor: and then
the court shall either decide on the
• The fact that a person behaves in a crazy manner sentence or extend the intervention.
is not conclusive of insanity. b. Children above 15 but below 18 who acted
• “Crazy is not synonymous with the legal terms without discernment.
“insane, “non compos mentis,” “unsound mind,”
“idiot,” or “lunatic”. (2) If the child referred herein acted with
discernment, he/she shall undergo diversion
II. MINORITY > programs without undergoing court proceedings
Periods of Criminal Responsibility subject to the following conditions: (Section 23)
(1) Absolute irresponsibility — 15 years and below (until a. Where the imposable penalty is not more
15th birthday) than 6 years of imprisonment, the Punong
(2) Conditional responsibility — 15 years and 1 day to Barangay or law enforcement officer shall
below 18 years (ages 15, 16 and 17). conduct mediation, family conferencing
(3) Full responsibility — 18 years to 70 years and conciliation.
(4) Mitigated responsibility — 15 years and 1 day to 18 b. Where the imposable penalty exceeds 6
years, the offender acting with discernment AND years imprisonment, diversion measures
those over 70 years (senility). In this case, it is a may be resorted to only by the court.
privileged mitigating circumstance under Art. 68
(3) Exemption from criminal liability herein
Minors exempt from lliability established does not include exemption from
(1) Minors 15 years old or under (until 15th birthday) civil liability.
(2) Minors over 15 (15 years and 1 day) and under 18
(4) The child in conflict with the law shall enjoy the
(those aged 16 and 17) who did not act with
presumption of minority until he/she is proven
discernment
to be 18 years old or older (Section 7, par. 1)
Discernment, defined
The prosecutor shall conduct a preliminary
Mental capacity to understand the difference between
investigation and file information upon
right and wrong as determined by the child’s appearance,
determination of probable cause in the following
attitude comportment and behavior not only before and
instances (Section 33):
during the commission of the offense but also after and
during the trial.
a. When the child in conflict with the law does
not qualify for diversion.
It is manifested through:
b. When the child, his/her parents or guardian
(1) Manner of committing the crime
does not agree to diversion.
(2) Conduct of the offender

c. Upon determination by the prosecutor that An occurrence that happens outside the sway of our will,
diversion is not appropriate for the child in and although it comes about through some act of our will,
conflict with the law. it lies beyond the bounds of humanly foreseeable
consequences.
(5) Automatic Suspension of Sentence
Accident presupposes the lack of intention to commit a
Once the child who is under 18 years of age at the wrong.
time of commission of the offense is found guilty
of the offense charged, the court shall determine Elements:
and ascertain any civil liability which may have a. A person is performing a lawful act;
resulted from the offense committees. However, b. With due care;
instead of pronouncing the judgment of c. He causes injury to another by mere accident;
conviction, the court shall place the child in d. Without fault or intention of causing it.
conflict with law under suspended sentence,
without the need of application and impose the IV. A PERSON WHO ACTS UNDER THE COMPULSION
appropriate disposition measures as provided in OF AN IRRESISTIBLE FORCE >
the Supreme Court Rule on Juveniles in Conflict Elements : (PIT)
with the law. (Section 38) a. That the compulsion is by means of physical
force;
(6) Upon recommendation of the social worker who b. That the physical force must be irresistible; and
has custody of the child, the court shall order the c. That the physical force must come from a third
finals discharge of the child. person.
NOTE:
The discharge of the child in conflict with the law • Passion and obfuscation cannot amount to
shall not affect the civil liability resulting from the irresistible force.
commission of the offense (Section 39.) • The force must be irresistible as to reduce the
actor to a mere instrument who acts not only
SUMMARY OF RULES without will but against his will.
• If the judgment is an acquittal, the decision shall • The person who used the force or created the fear
immediately take effect without suspension and the is criminally and primarily civilly liable, but the
decision shall be promulgated and pronounced. accused who performed the act involuntarily and
• If the judgment is conviction, the promulgation of the under duress is still secondarily liable. (Art. 101)
decision and the sentence shall be suspended by the • The compulsion must be of such character as to
court, the minor shall be ordered to undergo leave no opportunity to the accused for escape or
intervention, which shall have the following effects: self-defense in equal combat.
(1) If after the intervention, there is reform on the
part of the minor, the minor shall be returned to VI. UNCONTROLLABLE FEAR >
the court to dismiss the criminal case and Elements:
dismiss the charges against the minor. a. That the threat which causes the fear is of an evil
(2) If after the intervention, there is no reform, the greater than, or at least equal to, that which he is
minor shall be returned to the court for the required to commit; and
promulgation of the decision against the minor, • Presupposes that a person is compelled
and then the court shall either decide on the to commit a crime by another, but the
sentence or extend the intervention. compulsion is by means of intimation or
threat, not force or violence.
NOTE: Only when there is (1) refusal to be subjected to b. That it promises an evil of such gravity and
reformation or (2) when there is failure to reform can the imminence that an ordinary man would have
child be subjected to criminal prosecution and the judicial succumbed to it.
system. NOTE:
• Duress as a valid defense should be based on a real,
III. ACCIDENT WITHOUT FAULT OR INTENTION imminent, or reasonable fear for one’s life or limb
OF CAUSING IT > and should not be speculative, fanciful, or remote
Accident, defined fear.

• The compulsion must be of such character as to (1) Freedom of action

leave no opportunity to the accused for escape or (2) Intent, or
self-defense in equal combat. (3) Lesser perversity of the offender
• It must presuppose intimidation or threat, not
force or violence, otherwise this would fall under NOTE: A mitigating circumstance arising from a single fact
par. 5 on Irresistible Force. absorbs all the other mitigating circumstances arising
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR from the same facts
A third person uses A third person employs ORDINARY PRIVILEGED
violence or physical intimidation or threat to MITIGATING MITIGATING
force to compel the compel the person invoking Can be offset by any
Cannot be offset by any
person invoking Uncontrollable Fear to aggravating
aggravating circumstance
Irresistible Force to commit a crime. circumstance
commit a crime. Results in the benefit of
Results in the benefit of
Must have been made May be generated by a lowering the imposable
lowering the imposable
to operate directly threatened act directed to a penalty, whether divisible
penalty to the minimum
upon the person of the third (3rd) person. or indivisible, by one or
period.
accused. two degrees.
The injury feared may The evil feared must be They are not considered Always considered
be of a lesser degree greater or at least equal to when what is prescribed whether the imposable
than the damage the damage caused to avoid is a single indivisible penalty is divisible or
caused by the accused. it. penalty indivisible
VII. INSUPERABLE CAUSE > CIRCUMSTANCE BASIS OF

Elements: EXEMPTION
a. That an act is required by law to be done; I. Incomplete justifying Depends
b. That a person fails to perform such act; and or exempting
c. That his failure to perform such act was due to circumstances
some lawful or insuperable cause. II. Over 15 but under 18 Diminution of
years old, if there is intelligence
Insuperable cause, defined discernment or over 70
A motive which has lawfully, morally or physically years old
prevented a person to do what the law commands. III. No intention to commit Diminution of intent
so grave a wrong
MITIGATING CIRCUMSTANCES (Praeter intentionam)
IV. Provocation or Threat Diminution of
MITIGATING CIRCUMSTANCES intelligence and intent
Those, if present in the commission of the crime, serve to V. Vindication of grave Diminution of
reduce the penalty, not to change the nature of the crime. offense intelligence and intent
I. Incomplete justifying or exempting VI. Passion or obfuscation Diminution of
circumstances intelligence and intent
II. Over 15 but under 18 years old, if there is VII. Voluntary surrender Lesser perversity of
discernment or over 70 years old and confession of guilt the offender
III. No intention to commit so grave a wrong VIII. Physical defect of Diminution of freedom
IV. Provocation or Threat offender
V. Vindication of grave offense IX. Illness of the offender Diminution of
VI. Passion or obfuscation intelligence and intent
VII. Voluntary surrender and confession of guilt X. Similar or analogous Depends
VIII. Physical defect of offender circumstances
IX. Illness of the offender
X. Similar or analogous circumstances I. INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCES >
RATIONALE: They are based on the diminution (as
opposed to complete absence) of either —

General Rule: Treated as Ordinary Mitigating Sentence suspended. [Art. 192, PD 603 as amended
Circumstance by PD 1179, referred to as Children in Conflict with
the Law under RA 9344]
Exception: Treated as Privileged Mitigating Circumstance
CHILD IN CONFLICT WITH THE LAW, definition
(If majority of the elements of the justifying or exempting A child who is alleged as, accused of, or adjudged
circumstance is present.) as having committed an offense under Philippine
• If the justifying or exempting circumstances has an laws.
even (2, 4, etc.) number of elements, half of it would (4) 18 years or over
already constitute the majority. Full criminal responsibility.
(5) 70 years or over

Indispensable Requisites of Justifying/Exempting
Mitigating, no imposition of death penalty [Art. 47];
Circumstances if already imposed, execution of death penalty is
CIRCUMSTANCE INDISPENSABLE ELEMENT suspended and commuted. [Art. 83]
Self-Defense Unlawful Aggression
Defense of Relatives Unlawful Aggression III. NO INTENTION TO COMMIT SO GRAVE A WRONG >
Defense of Strangers Unlawful Aggression
State of Necessity The evil sought to be avoided Rule for the application:
actually exists This can be taken into account only when the facts proven
Performance of Duty The accused acted in the show that there is a notable and evident disproportion
performance of a duty or in between the means employed to execute the criminal act
the lawful exercise of right or and its consequences.
office • Intention, being an internal state, must be judged
Obedience to Order of An order has been issued by a by external acts.
Superior superior • Intention may be ascertained by considering:
Minority above 15 but Age of minor below 18 (1) The weapon used
below 18 years of age (2) The part of the body injured
Causing injury by The accused in performing a (3) The injury inflicted
mere accident (4) The manner it is inflicted
lawful act
Irresistible Force There is a compulsion by
means of physical force NOTE:
Uncontrollable Fear There is a threat which causes • NOT applicable to felonies by negligence
a feat of an evil greater than, • NOT applicable to felonies where intention is
or at least equal to, that which immaterial
he is required to commit • NOT appreciated in cases where there is no material
harm done.
II. OVER 15 BUT UNDER 18 YEARS OLD, IF THERE IS • Intent at the time of the commission of the felony not
DISCERNMENT OR OVER 70 YEARS OLD > during the planning stage should be considered.
It is the age of the accused at the time of the commission IV. PROVOCATION OR THREAT >
of the crime which should be determined. His age at the
time of the trial is immaterial. Provocation, Defined
Any unjust or improper conduct or act of the offended
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: party capable of exciting inciting or irritating any one.
(1) 15 and below
Exempting Requisites:
a. The provocation must be sufficient;
(2) Above 15 but under 18 Sufficient means adequate to excite a person to
Exempting unless acted with discernment. But
commit the wrong and must accordingly be
even with discernment, penalty is reduced by one
proportionate to its gravity.
(1) degree lower than that imposed. [Art. 68, par. 2,
amended by R.A. 9344]
As to whether or not the provocation is sufficient,
(3) Minor delinquent under 18 years of age who acted the following factors are to be considered:
with discernment (1) The act constituting the provocation.

(2) The social standing of the person “Grave offense” Includes any act that is offensive
provoked. to the offender or his relatives and the same need
(3) The place and time when the provocation not be unlawful.
is made.
NOTE:
b. It must originate from the offended party; • That grave offense must be the proximate cause
c. The provocation must be personal and directed to or proximate to the act of the offender.
the accused; and must be immediate to the act, or • The grave offense must be directed to the person
the commission of the crime. invoking Vindication of Grave Offense.
“Immediate” means that no interval of time should • Vindication of grave offense cannot co-exist
elapse between the provocation and the with passion or obfuscation if based on one
commission of the crime. (People vs Pagal) single fact.
NOTE: PROVOCATION VINDICATION

• The threat should not be offensive and It is made directly only to The grave offense may be
positively strong. Otherwise, the threat to the person committing committed also against
inflict real injury is an unlawful aggression, the felony. the offender’s relatives
which may give rise to self-defense. mentioned by law.
• An attack BEFORE the commencement of the The cause that brought The offended party must
agreed fight is sufficient provocation, provided about the provocation have done a grave offense
that it is not that strong so as to amount to an need not be a grave to the offender or his
unlawful aggression. Otherwise, the rules on offense. relatives mentioned by
self-defense apply. law.
• Lawful performance of duty does not give rise It is necessary that the The vindication of the
to sufficient provocation. provocation or threat grave offense may be
• Vague threats are not enough so as to amount immediately preceded proximate, which admits
to sufficient provocation. (i.e. “If you do not the act. of an INTERVAL of time.
agree, beware!”) (Reyes) It is mere spite against It concerns the honor of a
the one giving the person.
PROVOCATION AS PROVOCATION AS A provocation or threat.
REQUISITE OF MITIGATING
INCOMPLETE CIRCUMSTANCE VI. PASSION OR OBFUSCATION >
SELF-DEFENSE
It pertains to its absence It pertains to its presence Rationale: When there are causes naturally producing in a
on the part of the person on the part of the offended person a powerful excitement, he loses his reason and self-
defending himself. party. control, thereby diminishing the exercise of his will-power
(US vs Salandanan)
V. VINDICATION OF GRAVE OFFENSE >
Requisites:
a. The accused acted upon an impulse so powerful
Requisites:
that it naturally produced passion or obfuscation
a. That there be a grave offense done to the one
in him
committing the felony, his spouse, ascendants,
b. The impulse arose out of the lawful sentiments of
descendants, legitimate, natural or adopted
the offender such that it was created by unlawful
brothers or sisters or relatives by affinity within
or unjust acts by the offended party.
the same degrees; and
b. That the felony is committed in the immediate NOTE: Passion or obfuscation must arise from
vindication of such grave offense within a lawful sentiments of the offender. Meaning that
reasonable amount of time the crime committed by the accused must be
provoked by prior unjust or unlawful acts of the
injured party.
“Immediate” Allows for a lapse of time as long as
‣ It cannot apply when the act is committed in a
the offender is still suffering from the mental agony
spirit of lawlessness or revenge.
brought about by the offense to him.
c. Such act must not be far removed from the
commission of the crime by a considerable amount
of time, during which the perpetrator might DISTINGUISH

recover his normal equanimity PASSION OR IRRESISTIBLE
NOTE: The defense must prove that the act which OBFUSCATION FORCE
produced passion or obfuscation took place at a Mitigating Exempting
time not far removed from the commission of the Comes from the offender Comes from a third person
crime himself
Arises from lawful Arises from unlawful
Passion and obfuscation cannot be mitigating in a
sentiments sentiments
crime which is planned and calmly meditated
PASSION OR PROVOCATION
before its execution. It presupposes a sudden
OBFUSCATION
impulse of natural and uncontrollable fury in the
Produced by an impulse Comes from the injured
“spur of the moment” (People vs Pagal)
which may be caused by party
provocation
NOTE:
An amount of time may Must immediately
• The act of the offended party must be unlawful or
pass as long as the precede the commission
unjust.
offender has not of the crime
• This mitigating circumstance may be appreciated
recovered his normal
even if the reported act causing the obfuscation
equanimity.
was not true, as long as it was honestly and
Effect is the loss of reason and control of the offender
reasonably believed by the accused to be true.
• No passion or obfuscation after twenty-four (24)
Passion and obfuscation CANNOT co-exist with:
hours, or several hours or half an hour elapsed
(1) Vindication of Grave offense
between the cause of the passion or obfuscation
(2) Treachery
and commission of the crime.[34]
(3) Evident premeditation
• The crime committed must not be planned or
calmly meditated or deliberately fermented by him
VII. VOLUNTARY SURRENDER AND
for a considerable period of time.[35]
• Obfuscation may arise from jealousy, provided that CONFESSION OF GUILT >
it arises from lawful sentiments. (i.e. not legitimate The paragraph contains two (2) mitigating
wife; in a legitimate relationship) circumstances:
• The cause producing passion or obfuscation must (1) Voluntary surrender to a person in authority or
come from the offended party because it only his agents.
mitigates that of the crime committed to him. (2) Voluntary confession of guilt before the court
• Vindication of grave offense cannot co-exist with prior to the presentation of evidence for the
passion or obfuscation if based on one single fact. persecution.
General Rule: One single fact cannot be made the basis of Note: If both are present, there will be two independent
a different modifying circumstances. ordinary mitigating circumstances.
Exception: When there are other facts, although closely (1) VOLUNTARY SURRENDER
connected with the fact upon which one circumstance is Requisites:
premised, the other circumstances may be appreciated as a. That the offender had not been actually arrested.
based on other fact. b. That the offender surrendered himself to a
person in authority or to the latter’s agent; and
MITIGATING WHEN: NOT MITIGATING WHEN:
The accused acted The act is committed in a “PERSON IN AUTHORITY“ One directly vested
upon an impulse. spirit of lawlessness. with jurisdiction which is the power to govern
The impulse must be so The act is committed in a and to execute the laws, whether as an individual
powerful that it spirit of revenge. or as a member of some court or government
naturally produced corporation, board or commission.
passion or obfuscation
in him. “AGENT OF A PERSON IN AUTHORITY” One
who by direct provision of the law or by election
or by appointment by competent authority is

charged with the maintenance of public order thereafter pledges guilty to the charge before the
and protection and security of life and property fiscal could present his evidence.
and any person who comes to the aid of person A plea of guilty on appeal is NOT mitigating. This
in authority [Art. 152, as amended by R.A. 1978] is because the rationale of spontaneous
willingness of the accused to admit to the
NOTE: Surrender must be made to a person in commission of the crime charged is absent.
authority or his agent. Otherwise, a defense will d. That the confession of guilt was to the offense
not be appreciated under this circumstance, charged in the information
although it may be appreciated under paragraph
10, on analogous circumstances. VIII. PHYSICAL DEFECT OF OFFENDER >
c. That the surrender was voluntary. When the offender is deaf and dumb, blind or otherwise
• It must be spontaneous. suffering from some physical defect, restricting his means
• Intent of the accused to submit himself of action, defense or communication with other.
unconditionally to the authorities must be
either because he acknowledges his guilt or The physical defect must relate to the offense committed.
he wishes to save them the trouble and (e.g. blindness does not mitigate Estafa.)
expense necessarily incurred in his search
and capture the conduct of the accused Dumb, Defined
determines the spontaneity of the arrest. Lacking the power of human speech
• In order to appreciate this circumstance, the
surrender of the accused must precede the GENERAL RULE: All of the physical defects of the offender
service of warrant of arrest to the accused or must be proven that such defect restricted his freedom of
its return when not served because the action and understanding.
accused cannot be located.
• Posting of bonds amount to voluntary EXCEPTION: Complete blindness (BAR 2011)
surrender.
Requisites:
When surrender is considered NOT voluntary a. That the offender is deaf and dumb, blind or
• Intention to surrender without actually otherwise suffering some physical defect
surrendering is not mitigating b. Such defect restricts his means of action, defense,
• Not mitigating when defendant was in fact or communications with his fellow beings
arrested c. The defect must relate to the crime committed
• Surrender of weapon cannot be equated
with voluntary surrender. It must be the NOTE: This paragraph does not distinguish between the
accused in his person. educated and uneducated person with physical defects.
• Surrender of accused must not be
accompanied by a condition. IX. ILLNESS OF THE OFFENDER >
Requisites:
(2) CONFESSION OF GUILT a. That the illness of the offender must diminish the
Requisites: exercise of his will-power; and
a. That the offender spontaneously confessed his NOTE: This may cover illnesses of the mind,
guilt body, nerves, or the moral faculty. (People vs
b. That the confession of guilt was made in open Francisco)
court, that is, before the competent court that is b. That such illness should not deprive the of-
to try the case; fender of consciousness of his acts.
c. That the confession of guilt was made prior to
the presentation of evidence for the prosecution; IX. SIMILAR OR ANALOGOUS CIRCUMSTANCES >
NOTE: All that the law requires is voluntary plea
of guilty prior to the presentation of the evidence Examples:
by the prosecution. Thus, even if during (1) Over 60 years old with failing sight, similar to over 70
arraignment, the accused pleaded not guilty, he years of age under par. 2.
is entitled to this mitigating circumstance as long
as he withdraws his plea of not guilty and
(2) The act of the accused leading the law enforces to the circumstance under Art. 13, and can be offset by a
place where he buried the instruments he used to generic aggravating circumstance.
commit the crime are similar to voluntary surrender.
(3) Extreme poverty, as similar to a state of necessity, SPECIFIC MITIGATING CIRCUMSTANCES
which may apply to crimes against poverty but not (1) Voluntary release within three days; without
violence, such as murder. attaining purpose; before criminal action (Illegal
(4) Outraged feeling of unpaid creditor, as kin to Detention)
vindication and obfuscation. (2) Abandonment of spouse (Adultery)
(5) Appeal to the spirit de corps of the accused, as (3) Intent to conceal dishonor of mother
analogous to passion. (Infanticide/Abortion)
(6) Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being AGGRAVATING CIRCUMSTANCES
similar to lack of intent to commit so grave a wrong.
(7) Voluntary return of funds malversed by the accused, as
AGGRAVATING CIRCUMSTANCES
equivalent to voluntary surrender. (BAR 2011)
Those which, if attendant in the commission of the crime,
(8) Testifying for the prosecution without being
serve to increase the penalty without however, exceeding
discharged from the information, as being like a plea of
the maximum of the penalty provided by law for the
guilty
offense; or changing the nature of the crime.
CIRCUMSTANCES WHICH ARE NEITHER

BASIS: Greater perversity of the offender manifested in
EXEMPTING NOR MITIGATING: the commission of the felony as shown by:
(1) Mistake in the blow (aberratio ictus) 1. the motivating power behind the act
(2) Mistake in the identity 2. the place where the act was committed
(3) Entrapment 3. the means and ways used
(4) Accused is over 18 years of age 4. the time
5. the personal circumstance of the offender
and/or of the victim
PRIVILEGED MITIGATING CIRCUMSTANCES
(1) MINORITY (Art. 68)
By virtue of RA 9344 or the Juvenile Justice and MUST BE ALLEGED IN THE INFORMATION
Welfare Act, minority is always at least a privileged If aggravating circumstance (this includes both qualifying
mitigating circumstance and generic) are not alleged in the information, they
a. Minors below 15 years and below — cannot be taken into consideration. (Sec. 8, Rule 110, Rules
exempting circumstance of Criminal Procedure)
b. Minors over 15 years but under 18 acting
Even if the qualifying circumstance was proven by the
without discernment — exempting
prosecution, but was not alleged, it cannot be taken into
circumstance
account, even as a generic aggravating circumstance
c. Minors over 15 years but under 18 acting
with discernment — privileged mitigating
(Rugas vs People)
under Art. 68
EFFECT
(2) MAJORITY OF THE REQUIREMENTS TO JUSTIFY OR The presence of aggravating circumstance increases the
EXEMPT IS PRESENT (Art. 69) imposable penalty to the maximum penalty. Except when
they are not considered when what is prescribed is a single
NOTE: When the circumstance only requires two
indivisible penalty.
elements, the presence of one is considered a
majority. This is a privileged mitigating circumstance
which cannot be offset by any aggravating KINDS OF AGGRAVATING CIRCUMSTANCES
circumstance and is considered even if the penalty (1) GENERIC- Those that can generally apply to all crimes.
prescribed is single and indivisible under par. 1 of Art. These are the circumstances in Art. 14, par 1, 2, 3
63. (People vs Oanis) (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except by
means of motor vehicles)
If there is only one or less than majority of the A. Advantage taken of public position;
elements present, the incompleteness is a mitigating B. Contempt or insult of public authority;

C. Crime committed in the dwelling of the (4) INHERENT - Those which necessarily accompany the
offended party; commission of the crime, therefore not considered in
D. Abuse of confidence or obvious ungratefulness; increasing the penalty to be imposed, such as:
E. Place where crime is committed; A. Evident premeditation in robbery, theft, estafa,
F. Nighttime, uninhabited place, or brand; adultery and concubinage;
G. Recidivism; B. Abuse of public office in bribery;
H. Habituality; C. Breaking of a wall or unlawful entry into a house
I. Craft, fraud, or disguise; in robbery with the use of force upon things;
J. Unlawful entry; D. Fraud in estafa;
K. Breaking of parts of the house; E. Deceit in simple seduction;
L. Use of persons under 15 years of age. F. Ignominy in rape.
(2) SPECIFIC- Those which apply only to particular These do not increase criminal liability or the penalty.
crimes.
A. Disregard of rank, age, or sex due the offended These may be circumstances:
party in crimes against persons and honor; a. Which in themselves constitute a crime specially
B. Abuse of superior strength in crimes against punishable by law
persons, illegal detention, robbery with rape, b. Which are included by law in defining a crime
multiple rape, robbery with homicide; • This means that the circumstance is an
C. Means employed to weaken the defense in integral element in the crime
crimes against persons and sometimes in crimes c. Inherent in the crime to such a degree that it
against person and property; must of necessity accompany the commission
D. Treachery in crimes against persons; thereof
E. Ignominy in crimes against chastity; • These are circumstances which necessarily
F. Cruelty in crimes against persons; accompany the commission of the crime.
G. Band in crimes against property, crimes against d. Inherent in other aggravating circumstances
person, illegal detention, and treason. • This is when an aggravating circumstance
H. Use of unlicensed firearms in the murder or may be absorbed by other aggravating or
homicide committed therewith qualifying circumstance
*Absorbed in rebellion, insurrection, sedition, and
attempted coup d’etat. [R.A. 8294] (5) SPECIAL - Those which arise under special conditions
(3) QUALIFYING- Those that change the nature of the to increase the penalty of the offense and cannot be
crime. offset by mitigating circumstances, such as:
A. Crime committed on the occasion of a A. Quasi-recidivism [Art. 160];
conflagration, shipwreck, earthquake, epidemic B. Complex crimes [Art. 48];
or other calamity or misfortune. C. Error in personae [Art. 49];
B. Aid of armed or persons who insure or afford D. Taking advantage of public position and
impunity. membership in an organized/syndicated crime
C. Price, reward, promise. group [Par. 1[a], Art. 62];
D. E. Use of unlicensed firearm in homicide or murder.
E. Crime committed by means of inundation, fire,
poison explosion, stranding of a vessel or These CANNOT be offset by ordinary mitigating
intentional damage there, derailment of a circumstances
locomotive, or by the use of any other artifice
involving great waste and ruin. Unlike qualifying circumstances, these do not change
F. Evident Premeditation that character of the offense charged but guides the
G. Abuse of Superior Strength or Employment of court in imposing the proper penalty
means to weaken defense
H. Treachery (Alevosia) GENERIC QUALIFYING
I. Crimes committed by means of motor vehicle AGGRAVATING AGGRAVATING
J. Cruelty
As to its effect
Increases the penalty To give the crime its
which should be imposed proper and exclusive name
upon the accused to the and to place the author

maximum period but thereof in such a situation (Generic aggravating circumstances, even if not
without exceeding the as to deserve no other alleged in the information, may be proven during
limit prescribed by law. penalty than that specially trial over the objection of the defense and may be
prescribed by law for said appreciated in imposing the sentence.)
crime.
As to whether it can be offset by mitigating (6) When there are more than one qualifying
circumstances aggravating circumstances present, one of them
May be offset by an Cannot be offset by a will be appreciated as qualifying aggravating while
ordinary mitigating mitigating circumstance the others will be considered as generic
circumstance since it is since it is considered an aggravating.
not an ingredient of the ingredient of the crime.
crime.
Par 1:
RULES ON AGGRAVATING CIRCUMSTANCES
That advantage be taken by the offender of his public
position.
(1) Aggravating circumstances shall not be
appreciated if:
Applicable only when the offender is a public officer.
A. They constitute a crime especially punishable
by law; or
As a means by which he realizes his purpose, the public
B. They are included by the law in defining a
officer must use:
crime and prescribing a penalty therefore.
(1) Influence
(2) Prestige or
(2) The same rule shall apply with respect to any
(3) Ascendancy.
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
• It cannot be taken into consideration in offenses where
the commission thereof. [Art. 62, par.2]
taking advantage of official position is an integral
element of a crime. (i.e. Malversation under Art. 217)
(3) Aggravating circumstances which arise from the
• It is also inherent in the case of accessories under Art.
sources listed below shall only serve to aggravate 19, par. 3 (harboring, concealing, or assisting in the
the liability of the principals, accomplices and escape of the principal of the crime), and in crimes
accessories as to whom such circumstances are committed by public officers (Arts. 204-245).
attendant even if there was conspiracy: • R.A. 7659 provides that crimes committed by a public
A. Those from the moral attributes of the officer will be given the penalty prescribed at its
offender; or maximum, regardless of the nature and number of
B. Those from his private relations with the mitigating circumstances.
offended party; or • Not aggravating if accused could have perpetrated the
C. Those from any personal cause. [Art. 62, par. 3] crime without occupying public position.
(4) The circumstances which consist of the following Par 2:

shall serve to aggravate the liability of those In contempt of or with insult to the public authorities.
persons only who had knowledge of them at the
time of the execution of the act or their cooperation Requisites:
therein: a. That the public authority is engaged in the exercise
A. In the material execution of the act, or of his functions;
B. In the means employed to accomplish it. [Art. b. That the public authority is not the person against
62, par. 4] whom the crime is committed;
c. The offender knows him to be a public authority;
(5) Aggravating circumstances, regardless of its kind, d. His presence has not prevented the offender from
should be specially alleged in the information AND committing the criminal act.
proved as fully as the crime itself in order to
increase the penalty. [Sec. 9, Rule 110, 2000 Rules of • Teachers or professor of a public school or
Criminal Procedure] Such circumstances are not recognized private school and lawyers are NOT
presumed.
“public authority” within the contemplation of this A building or structure, EXCLUSIVELY USED FOR REST
paragraph. AND COMFORT.
• Par 2 of Art. 14 do NOT apply when crime is • A “combination of a house and a store” or a market
committed in the presence of an agent only. stall where the victim slept is not a dwelling.
• Knowledge that a public authority is present is • Includes dependencies, the foot of the staircase and
essential. Lack of such knowledge indicates lack of enclosure under the house.
intention to insult the public authority. (People v. • Does not mean the permanent residence or domicile
Rodil) of the offended party or that he must be the owner
• If an assault is committed is against the public thereof. He must, however, be actually living or
authority while in the performance of his duty, the dwelling therein even for a temporary duration or
offender commits direct assault without these purpose.
aggravating circumstances. • It is not necessary that the accused should have
actually entered the dwelling of the victim to commit
Par 3: the offense.
That the act be committed: • The aggravating circumstances of dwelling requires
(1) with insult or in disregard of the respect due the that the crime be wholly or partly committed therein
offended party on account of his (a) rank, (b) age, or or in any integral part thereof.
(c) sex; or • Even if the killing took place outside the dwelling, it
(2) That it be committed in the dwelling of the is aggravating provided that the commission of the
offended party, if the latter has not given crime began in the dwelling.
provocation. • Offended party must not give provocation in order
to appreciate this circumstance.
“Rank of the offended party” The designation or title of • Dwelling may mean “temporary dwelling”
distinction used to fix the relative position of the offended • The victim need not be the owner or occupant of the
party in reference to others. dwelling where he was shot.
• Dwelling is not absorbed in treachery.
“Age of the offended party” May refer to old age or the
tender age of the victim. What aggravates the commission of the crime in one’s
dwelling:
“Sex of the offended party” Refers to the female sex, not (1) The abuse of confidence which the offended party
to the male sex. reposed in the offender by opening the door to him;
(2) The violation of the sanctity of the home by
• If all the four circumstances are present, they have trespassing therein with violation or against the will
the weight of four different aggravating to the owner.
circumstances.
• Disregard of rank, age or sex is essentially applicable Dwelling was found aggravating in the following cases
only to crimes against person or honor. although the crime was committed NOT in the dwelling
• Offender must deliberately offend the rank, age, or of the victim:
sex of the offended party. (1) The victim was raped in the boarding house where
• The offender must have a superiority over the she was a bed spacer, but not in her room.
offended party in terms of the invoked social (2) The victims were raped in their paternal home where
condition. they were guests.
The aggravating circumstance of disregard of rank, age, NOTE: The Revised Penal Code speaks of “dwelling” NOT
or sex is NOT applicable in the following cases: domicile.
(1) When the offender acted with passion and
obfuscation; Meaning of provocation in the aggravating circumstance
(2) When the condition of being a woman is of dwelling. The provocation must be: (GSI)
indispensable in the commission of the crime. (e.g. (1) Given by the owner of the dwelling
abduction, seduction and rape) (2) Sufficient, and
(3) Immediate
Dwelling, defined
Dwelling is NOT aggravating in the following cases:

(1) When both the offender and the offended party • The President or Chief Executive need not be in the
are occupants of the same house. Palace to aggravate the liability of the offender. As long
Exception: In case of adultery in the conjugal as he was present, and his presence is known to the
dwelling, the same is aggravating. HOWEVER, if accused when he committed the crime.
the paramour also dwells in the conjugal • Except for the third which requires that official
dwelling, the applicable aggravating functions are being performed at the time of the
circumstance is abuse of confidence. commission of the crime, the other places mentioned
(2) When robbery is committed by the use of force are aggravating per se even if no official duties or acts
upon things, dwelling is not aggravating because of religious worship are being conducted there.
it is inherent. • Cemeteries are not considered as place dedicated to
(3) In the crime of trespass to dwelling, it is inherent the worship of God.
or included by law in defining the crime. • Offender must have intention to commit a crime when
(4) When the owner of the dwelling gave sufficient he entered the place.
and immediate provocation • An electoral precinct or polling place during Election
(5) The victim is not a dweller of the house. Day is a place “where public authorities are engaged in
the discharge of their duties”.
Par 4:
(1) Abuse of confidence; or (2) Obvious ungratefulness PAR. 5. WHERE PUBLIC PAR. 2. CONTEMPT OR
AUTHORITIES ARE INSULT TO PUBLIC
(1) Requisites of abuse of confidence: (TAF) ENGAGED IN THE AUTHORITIES
a. That the offended party had trusted the offender. DISCHARGE OF THEIR
b. That the offender abused such trust by committing DUTIES
a crime against the offended party; and Public authorities are in the performance of their
c. That the abuse of confidence facilitated the duties
commission of the crime.
Place where public duty is performed
In their office Outside of their office
NOTE:: Abuse of confidence is inherent in malversation
The offended party
[Art. 217], qualified theft [Art. 310], estafa by conversation
May or may not be the Public authority should
or misappropriation [Art. 315], and qualified seduction [Art.
public authority not be the offended party.
337].
Par 6:
(2) Requisites of obvious ungratefulness: (TAOU)
(1) nighttime; or (2) uninhabited place; or (3) By a band
a. That the offended party had trusted the offender;
• When all 3 circumstances present in the same case and
b. That the offender abused such trust by committing
their elements are distinctly palpable and can subsist
a crime against the offended party;
independently, they shall be considered separately.
c. That the act be committed with obvious
ungratefulness. • Not applicable when the mitigating circumstances of
passion or obfuscation or sufficient provocation are
present in the commission of the crime.
NOTE: The ungratefulness contemplated by the
said paragraph must be such obvious, clear and • Nighttime, uninhabited place or band are aggravating
manifest gratitude on the part of the accused. when:
A. It facilitated the commission of the crime; or
Par 5: B. Especially sought for by the offender to insure
the commission of the crime or for the purpose
(1) In the palace of the Chief Executive; or
of impunity; or
(2) In his presence; or
C. The offender took advantage thereof for the
(3) Where public authorities are engaged in the
purpose of impunity.
discharge of their duties; or
(4) In a place dedicated to religious worship.
(1) NIGHTTIME (OBSCURIDAD)
Nighttime, defined
• Must be dedicated to public religious worship; private
That period of darkness beginning at end of dusk and
chapels not included.
ending at dawn. Nights are from sunset to sunrise.
• There must be an intention to desecrate the place
dedicated to public religious worship.

• It is necessary that the commission of the crime • If one of them was a principal by inducement, the
has begun and completed at nighttime and the aggravating circumstance of having acted with
accused took advantage of the nighttime. the aid of armed men may be considered.
• This circumstance may also be appreciated if the • It absorbs the aggravating circumstances of
crime happened at a dimly lit place, whether or abuse of superior strength and use of firearms
not it was actually nighttime or daytime. (except when the firearms have no license or
• When the place of the crime is illuminated by there is a lack of license to carry the firearms) if
light, nighttime is not aggravating. they are present in the commission of the crime.
• It cannot be applied when it is an accidental • This aggravating circumstance is NOT applicable
meeting or a chance encounter. in crimes against chastity, but is considered in
• Circumstances of nighttime, although not crimes against property, crimes against persons,
specially sought for, shall aggravate criminal illegal detention, and treason.
liability if it facilitated the commission of the • This aggravating circumstance is inherent in
offense or the offender took advantage of the brigandage.
same to commit the crime. • When the armed men met up casually with
• Lighting of matchstick or use of flashlights does others, and a crime was thereafter committed, it
not negate appreciation of this circumstance. cannot be considered as an aggravating
circumstance.
General Rule: Nighttime is absorbed in treachery.
Par 7:
Exception: Where both the treacherous mode of on the occasion of a conflagration, shipwreck,
attack and nocturnity were deliberately decided upon earthquake, epidemic or other calamity or misfortune.
in the same case, they can be considered separately if
such circumstances have different factual bases. The offender must take advantage of the calamity or
misfortune.
(2) UNINHABITED PLACE (DESPOBLADO)
Uninhabited place, defined “Other calamity or misfortune”- refers to other conditions
One where there are no houses at all; a place at a of distress similar to those previously enumerated.
considerable distance from town, or where the
houses are scattered at great distance from each Par 8:
other. with the aid of: (1) Armed men; or (2) Persons who insure
• The determining factor for the existence of this or afford impunity.
circumstance is the reasonable possibility of the
victim receiving or securing aid from third Requisites:
persons. a. That armed men or persons who insure or afford
• This should not be considered when the place impunity took part in the commission of the crime,
where the crime was committed could be seen directly or indirectly; and
and the voice of the deceased could be heard b. That the accused availed himself of their aid or
from a nearby house. relied upon them when the crime was committed.
• It must be appear that the solitude of the place
where the crime was committed was sought in NOTE: This requires that the armed men are
order to better attain the purpose. ACCOMPLICES who take part in that minor capacity
directly or indirectly, and not when they were merely
(3) BAND (EN CUADRILLA) present at the crime scene. Neither should they constitute
Band, defined a band, for then the proper aggravating circumstance
Whenever more than three (meaning, at least four) would be “by a band”.
armed malefactors shall have acted together in the
commission of an offense, it shall be deemed When this aggravating circumstance shall NOT be
committed by a band. considered:
• The four armed persons contemplated in this (1) When both the attacking party and the party
circumstance must ALL be principals by direct attacked were equally armed.
participation who acted together in the (2) When the accused as well as those who cooperated
execution of the acts constituting the crime. In with him in the commission of the crime acted under
this case, conspiracy is presumed. the same plan and for the same purpose.
PAR. 8. “WITH THE AID recidivism. Also, judgment of conviction handed down
PAR. 6. “BY A BAND”
OF ARMED MEN” on the same day shall be considered as only one
As to their number conviction.
Requires more than three At least two • To prove recidivism, it is necessary to allege the same
armed malefactors (i.e. at in the information and to attach thereto a certified
least four) copy of the sentences rendered against the accused.
As to their action • Recidivism must be taken into account no matter how
many years have elapsed between the first and second
Requires that more than This circumstance is
three armed malefactors present even if one of the felonies.
shall have acted together offenders merely relied on • Even if the accused was granted a pardon for the first
in the commission of an their aid, for actual aid is offense, but he commits another felony embraced in
offense. not necessary. the same title of the code, the first conviction is still
counted to make him a recidivist since pardon does not
As to their liability
obliterate the fact of his prior conviction.
Band members are all Armed men are mere
• There is no recidivism if the subsequent conviction is
principals. accomplices.
for an offense committed before the offense involved
in the prior conviction. (i.e. Crime 1 committed before
• Mere moral or psychological aid or reliance is
Crime 2. Accused was convicted of Crime 2 first before
sufficient to constitute this aggravating offense.
Crime 1. There is no recidivism.)
• If there are four armed men, aid of armed men is
absorbed in employment of a band.
When the accused is granted:
• “Aid of armed men” includes “armed women”
PARDON AMNESTY
• Persons who insure or afford impunity must have or be
The first conviction is still The first offense is no
in a position of afford impunity (e.g. A judge)
counted to make him a longer counted to make
recidivist. Pardon does the accused a recidivist. In
Par 9: not obliterate the fact of the case of amnesty, it
Recidivist his prior conviction. theoretically considers the
previous transgressions as
Recidivist (reincidencia), defined not punishable. According
One who, at the time of his trial for one crime shall have to article 89, amnesty
been previously convicted by final judgment of another extinguishes the penalty
crime embraced in the same title of the RPC and all its effects.
Note: A recidivist is entitled to the benefits of the Par 10:

indeterminate sentence law but is disqualified from That the offender has been previously punished:
availing credit of his preventive imprisonment. (1) For an offense to which the law attaches an equal
Requisites: or greater penalty; or
a. That the offender is on trial for an offense;
(2) For two or more crimes to which it attaches a
b. That he was previously convicted by final judgment
lighter penalty.
of another crime;
c. The previous conviction by final judgment was for
Requisites of reiteracion or habituality:
a felony committed PRIOR to the felony he is
a. That the accused is on trial for an offense;
currently being charged and tried
b. That he previously served sentence for another
d. That both the first and the second offences are
offense to which the law attaches an:
embraced in the same title of the RPC;
i. Equal, or
ii. Greater penalty,
• In recidivism, it is sufficient that the succeeding
iii. Or for two or more crimes to which the law
offense be committed after the commission of the
attaches a lighter penalty than that for the
preceding offense PROVIDED that at the time of his
new offense; and
trial for the second offense, the accused had already
c. That he is convicted of the new offense.
been convicted of the first offense.
• If both offenses were committed on the same date,
• Since reiteracion provides that the accused has duly
they shall be considered as only one; hence, they
served the sentence for his previous conviction/s, or
cannot be separately counted in order to constitute
is legally considered to have done so, quasi-recidivism
cannot at the same time constitute reiteracion, hence

Recidivism Where a person, on separate
this aggravating circumstance cannot apply to a quasi- [Art. 14, par. 9] – occasions, is convicted of two
recidivist. Generic Aggravating offenses embraced in the same
• If the same set of facts constitutes recidivism and Circumstance title in the RPC.
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be proven. Reiteracion or Where the offender has been
Habituality [Art. 14, previously punished for an
par. 10] – Generic offense to which the law attaches
Reiteracion Recidivism Aggravating an equal or greater penalty or for
Circumstance two crimes to which it attaches a
As to the first offense lighter penalty.
It is necessary that the It is enough that a final Multi-recidivism or Where a person within a period
offender shall have served judgment has been Habitual of ten years from the date of his
out his sentence for the rendered in the first delinquency [Art. release or last conviction of the
first offense. offense. 62, par. 5.] – crimes of serious physical
Extraordinary injuries, robbery, theft, estafa or
Aggravating falsification, is found guilty of the
As to the kind of offenses involved
Circumstance said crimes a third time or
oftener.
The previous and Requires that the offenses
subsequent offenses must be included in the same Quasi-recidivism Where a person commits felony
not be embraced in the title of the code. [Art. 160] – Special before beginning to serve or
same title of the Code. Aggravating while serving sentence on a
Circumstance previous conviction for a felony.
As to frequency
Not always an aggravating Always to be taken into • The price, reward or promise need not consist of or
circumstance. consideration in fixing the refer to material things or that the same were
penalty to be imposed
actually delivered.
upon the accused.
• It is sufficient that the offer made by the principal by
inducement be accepted by the principal by direct
participation before the commission of the offense.
Par 11:
In consideration of a price, reward or promise Par 12:
That the crime be committed by means of (FIPE-SAD)
To consider this circumstance, the price reward or
A. Inundation,
promise must be the primary reason or primordial motive
B. Fire,
for the commission of the crime.
C. Poison,
D. Explosion,
When liability is Aggravated
E. Stranding of a vessel or international damage
If Alleged as a General If Alleged as Qualifying thereto,
Circumstance Circumstance F. Derailment of a locomotive, or
Only the liability of the Both the liability of the G. By the use of any other artifice involving great
receiver is affected. giver and the receiver are waste and ruin.
affected.
• There must be two or more principals, the one who Inundation, defined
gave or offered the price or promise and the one who Refers to use of water, or causing the water to flood in the
accepted it, both of whom are principals. commission of the offense.
• This appreciated in cases of principal by inducement. • When another aggravating circumstance already
qualifies the crime, any of these aggravating
• If without previous promise it was given voluntarily
circumstances shall be considered as a generic
after the crime had been committed, it should not be
aggravating circumstance only.
taken into consideration for the purpose of
increasing the penalty. • When there is no actual design to kill a person in
burning a house, it is plain arson even if a person is
killed. Had there been intent to kill, the crime
Four Forms of Repetition

committed is murder, qualified by circumstance that • Evident premeditation is presumed to exist when
the crime was committed “by means of fire”. conspiracy is directly established.
• “Fire”, “explosion”, and “derailment of locomotive” may • Premeditation is absorbed by reward or promise but only
be inherent in a particular crime, such as arson, crimes insofar as the inducer is concerned since he obviously
involving destruction, and damages and obstruction to reflected thereon in planning the crime but not the
means of communication. In these cases, they do not person induced since one can be a principal by direct
serve to increase the penalty. participation without the benefit of due reflection.
• Unless used by the offender as a means to accomplish • Evident premeditation, while inherent in robbery, may
a criminal purpose, any of the circumstances in this be aggravating in robbery with homicide if the
paragraph cannot be considered to increase the premeditation included the killing of the victim.
penalty or to change the nature of the offense, as • It is a General Rule that evident premeditation is not
opposed to paragraph 7. applicable in error in personae or aberratio ictus, except
if there was a general plan to kill anyone to commit the
RULES AS TO THE USE OF FIRE: crime premeditated.
ACT OF THE ACCUSED CRIME COMMITTED • Evident premeditation is compatible with the mitigating
Intent was only to burn Simple arson but with a circumstance of immediate vindication of a relative for a
but somebody died as a specific penalty [Art. 326] grave offense.
result of the fire
If fire was used as a Murder Par. 14:
means to kill That (CFD) be employed
If fire was used to Separate crimes of arson (1) Craft,
conceal the killing and murder/homicide (2) Fraud, or
PAR. 12 “BY MEANS PAR. 7 “ON THE OCCASION (3) Disguise
OF OF A
INUNDATION, FIRE, CONFLAGRATION, Craft (astucia), defined
ETC.” SHIPWRECK, ETC.” Involves the use of intellectual trickery or cunning on the
The crime is The crime is committed on part of the accused to aid in the execution of his criminal
committed by means the occasion of a calamity design.
of any such acts or misfortune wherein the
involving great waste offender takes advantage of Fraud (fraude), defined
or ruin. the said circumstance. Insidious words or machinations used to induce the victim
to act in a manner which would enable the offender to
Par 13: carry out his design
evident premeditation • Craft and fraud may be absorbed in treachery if they
have been deliberately adopted as the means,
Requisites: methods or forms for the treacherous strategy, or
The prosecution must prove – they may co-exist independently.
a. The time when the offender determined to commit • When the accused pretended to be buyers of the
the crime; store so that they could get close to the victim, such
b. An act manifestly indicating that the culprit has is sufficient for the AC to attach. (People v Empacis)
clung to his determination;
c. The date and time when the crime was, committed, Some stratagems and ruses of that constitute the
to compute the lapse of time; an aggravating circumstance of fraud or craft, e.g: where the
d. A sufficient lapse of time between the accused —
determination and execution, to allow him to (1) pretended to be constabulary soldiers and by that ploy
reflect upon the consequences of his act and to gained entry into the residence of their prey whom
allow his conscience to overcome the resolution of they thereafter robbed and killed;
his will (2) pretended to be needful of medical treatment, and
through this artifice, entered the house of the victim
• Mere threats without the second element do not show whom they thereupon robbed and killed;
evident premeditation. (3) pretended to be wayfarers who had lost their way and
• Three hours or less can be considered as sufficient lapse by this means gained entry into a house, in which they
of time. then perpetrated the crime of robbery with homicide;

(4) pretended to be customer wanting to buy a bottle of victim were engaged against each other as man to
wine; man.
(5) pretended to be co-passengers of the victim in a public (3) When the attack was made on the victim alternately.
utility vehicle;
(6) posed as customers wishing to buy cigarettes; and as • In order to appreciate this circumstance, there must
being thristy, asking for drink of water. (People v be notorious inequality of forces between the parties
Empacis) and the accused takes advantage of the same.
• For abuse of superior strength, the test is the relative
strength of the offender and his victim.
Fraud Craft
• When there are several offenders participating in the
The act of the accused The act of the accused crime, they must all be principals by direct
done in order to create a done in order not to participation and their attack against the victim must
direct inducement by arouse the suspicion of the be concerted and intended to be so.
insidious words or victim constitutes craft. • Abuse of superior strength is also present when the
machinations. offender uses a weapon which is out of proportion to
the defense available to the offended party.
This is characterized by the intellectual or mental rather • There is abuse of superior strength when a man
than the physical means to which the criminal resort to attacks a woman with a weapon.
carry out his design • In parricide against the wife, it is generally accepted
that the husband is physically stronger than the wife.
• Abuse of superior strength absorbs cuadrilla (band)
Disguise (disfraz), defined
Resorting to any device to conceal identity.
NOTE: The means employed may amount to treachery
• The test of disguise is whether the device or
when the victim is not able to put up any sort of resistance.
contrivance resorted to by the offender was
intended to or did make identification more difficult,
such as the use of a mask or false hair or beard. Advantage be To deliberately use excessive force
taken that is out of proportion to the
It is aggravating when: means for self-defense available to
(1) The accused is not recognized because of his the person attacked.
disguise.
(2) The accused was masked, even though it fell off. Means The offender employs means that
employed materially weakens the resisting
weaken defense power.
Not aggravating when:
(1) In spite of the accused’s mask, he was nevertheless
objectively identifiable because his key facial Examples of “means employed to weaken defense”:
features are apparent. (1) Where one, struggling with another, suddenly
(2) When disguise is not purposely sought by the throws a cloak over the head of his opponents and
offender to conceal his identity. while in this situation he wounds or kills him.
(2) One who, while fighting with another, suddenly casts
Par 15: sand or dirt upon the latter eyes and then wounds or
(1) superior strength; or kills him.
(2) to weaken the defense. NOTE: This circumstance is applicable only to crimes
against persons, and sometimes against persons and
Paragraph 15 enunciates two (2) aggravating property, such as robbery with physical injuries or
circumstances either of which qualifies killing to murder. homicide.
BY BAND ABUSE OF SUPERIOR

No advantage of superior strength in the following:
STRENGTH
(1) One who attacks another with passion and
obfuscation does not take advantage of superior
strength.
(2) When a quarrel arose unexpectedly and the fatal
blow was struck at a time when the aggressor and his

(7) Treachery is appreciated when the accused

Appreciated when the The gravamen of abuse of
employed means to render the victim defenseless
offense is committed by superiority is the taking
before the commission of the crime, or to eliminate
more than three armed advantage by the culprits of
the risk of defense on the part of the offended party.
malefactors regardless their collective strength to
of the comparative overpower their relatively
When must treachery is present:
strength of the victim or weaker victim or victims.
victims. • When the aggression is continuous, treachery must
be present in the BEGINNING of the assault
What is taken into account • When the assault was not continuous, in that there
here is not the number of was interruption, it is sufficient that treachery was
aggressors nor the fact that present at the moment the fatal blow was given.
they are armed, but their
relative physical strength Hence, even though in the inception of the aggression
vis-a-vis the offended party. which ended in the death of the deceased, treachery was
not present, if there was a break in the continuity of the
aggression and at the time of the fatal wound was inflicted
Par. 16: on the deceased he was defenseless, the circumstance of
Treachery (alevosia) treachery must be taken into account.
Treachery, defined Treachery cannot be presumed.

Present when the offender commits any of the crimes There is no treachery when:
against persons, employing means, methods or forms in (1) The crime is preceded by an altercation. (It is
the execution thereof which tend directly and specially to impulsively done)
insure its execution, without risk to himself arising from (2) The crime is preceded by a warning from the
the defense which the offended party might make. accused. (The victim is given the opportunity to
defend himself; thus, there is an absence of the 2nd
Requisites of treachery: requisite.)
a. That at the time of the attack, the victim was not in
a position to defend himself; and • An attack on the front of the victim does not
b. That the offender consciously adopted the automatically negate treachery. The same goes
particular means, method, or form of attack with an attack at the back.
employed by him. • There can be treachery in the following cases:
(1) Directing the beam of flashlight on the face
TEST OF TREACHERY: not only the relative position of the of the victim.
parties but, more specifically, whether or not the victim (2) Victim is in the state of intoxication that he
was forewarned or afforded the opportunity to make a cannot put up any sort of defense.
defense or to ward off the attack. (3) Victim is a child of tender age.
Rules regarding treachery: Treachery should be considered even if:

(1) Applicable only to crimes against persons. (1) The victim was not predetermined but there was a
(2) Means, methods or forms need not insure generic intent to treacherously kill any first two
accomplishment of crime. persons belonging to a class. (The same rule obtains
(3) The mode of attack must be consciously adopted. for evident premeditation).
(4) Treachery is taken into account even if the crime (2) There was aberratio ictus and the bullet hit a person
against the person is complexed with another felony different from that intended.
involving a different classification in the Code. (3) There was error in personae, hence the victim was
(5) The suddenness of attack does not, of itself, suffice not the one intended by the accused.
to support a finding of alevosia, even if the purpose
was to kill, so long as the decision was made all of a Treachery absorbs: (CANACE)
sudden and the victim’s helpless position was (1) Craft
accidental. (2) Abuse of superior strength
(6) Treachery must be appreciated in the killing of a (3) Nighttime
child even if the manner of attack is not shown
(4) Aid of armed men
(5) Cuadrilla (“band”)
(6) Employing means to weaken the defense (2) Trespass to dwelling.
NOTE: Treachery cannot co-exist with passion or

obfuscation.
Par 19:
Superior Means to
Treachery Broken (WRFDW)
Strength weaken defense
(1) Wall
Means, methods, The offender The offender, (2) Roof,
or forms of does not employ like in treachery, (3) Floor,
attack are means, methods, employs means (4) Door, or
employed by the or forms of but the means (5) Window
offender to make attack; he only employed only
it impossible or takes advantage materially This circumstance is aggravating only in those cases where
hard for the of his superior weakens the the offender resorted to any of said means TO ENTER the
offended party strength. resisting power house.
to put up any of the offender
sort of party.
Par. 19 Par. 18
resistance.
It involves the breaking Presupposes that there is
Par 17: (rompimiento) of the no such breaking as by
enumerated parts of the entry through the window.
IGNOMINY
house.
Ignominy; defined
A circumstance pertaining to the moral order, which adds • If the offender broke a window to enable himself to
disgrace and obloquy to the material injury caused by the reach a purse with money on the table near that
crime. window, which he took while his body was outside of
• Ignominy is inherent in libel and acts of lasciviousness. the building, the crime of theft was attended by this
aggravating circumstance. It is not necessary that the
“Which add ignominy to the natural effects thereof” offender should have entered the building.
The means or the circumstances must tend to make the
effects of the crime more humiliating to the victim or to Where breaking of door or window is lawful:
put the offended party to shame, or add to his moral (1) Rule 113, Section 11 of the Revised Rules of Criminal
suffering. Procedure (An officer, in order to make an arrest
• Injured party must not be dead when the act causing either by virtue of a warrant, or without a warrant as
ignominy was inflicted to him. provided in section 5, may break into any building or
enclosure where the person to be arrested is or is
Applicable to: reasonably believed to be, if he is refused admittance
(1) Crimes against chastity, thereto, after announcing his authority and purpose)
(2) Less serious physical injuries, (2) Rule 126, Section 7 of the Revised Rules of Criminal
(3) Light or grave coercion, and Procedure (The officer, if refused admittance to the
(4) Murder place of directed search after giving notice of his
purpose and authority, may break open any outer or
Par 18: inner door or window of a house or any part of a
after an unlawful entry house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him
Unlawful entry, defined when unlawfully detained therein)
When an entrance (and not for escape) is affected by a way
not intended for the purpose. Par 20:
Two (2) different circumstances grouped in this
Unlawful entry is inherent in: paragraph:
(1) Robbery with the use of force upon things;
(1) With the aid of persons under fifteen years of

age.
Ignominy (Par. 17) Cruelty (Par. 21)
(2) By means of motor vehicles, airships, or other
similar means. Involves moral suffering Refers to physical
suffering
Use of motor vehicle is aggravating where the accused
purposely and deliberately used the motor vehicle in: NOTE: Unlike with mitigating circumstances [Par. 10, Art.
(1) Going to the place of the crime; or 13], there is no provision for aggravating circumstances of
(2) Carrying away the effects thereof; or a similar or analogous character. As such, the list is
(3) In facilitating their escape. exclusive.
• If motor vehicle is used as a means to kill a person, it Other Aggravating Circumstances Under SPL
is appreciated as qualifying circumstance. R.A 9165, When a crime is committed by an
• The use of motor vehicle must be purposely sought Comprehensive offender who is under the influence
and deliberately used for the commission of the Dangerous of dangerous drugs, such state shall
crime; the use is not merely incidental. Drugs Act Of be considered as a qualifying
2002 aggravating circumstance.
“Or other similar means”, meaning
It should be understood as referring to motorized vehicles Use of If homicide or murder is committed
or other efficient means of transportation similar to Unlicensed with the use of an unlicensed
automobile or airplane. Firearm firearm, such use of an unlicensed
(PD No. 1866 as firearm shall be considered as an
Par 21: Amended by aggravating circumstance [Sec. 1,
Wrong done in the commission of the crime be R.A, 8294) par. 3]
deliberately augmented by causing another wrong not
necessary for its commission (CRUELTY). When a person commits any crime
under the Revised Penal Code or
Cruelty, defined special laws with the use of
When the culprit enjoys and delights in making his victims explosives including but not limited
suffer slowly and gradually, causing unnecessary physical to pillbox, Molotov cocktail bombs,
pain in the consummation of the criminal act. denotation agents or incendiary
devices resulting in the death of a
Requisites: person, the same is aggravating. [Sec.
a. That the injury caused be deliberately increase by 3]
causing another wrong; and
Organized/Syn The maximum penalty shall be
b. That the other wrong be unnecessary for the
dicated Crime imposed if the offense was
execution of the purpose of the offender.
Group under committed by a person who belongs
R.A. 7659 to an organized /syndicated crime
Cruelty is inherent in:
group.
(1) Crimes against persons
(2) Mutilation
ORGANIZED /SYNDICATED CRIME GROUP, DEFINED
• There must be positive proof that the wounds found A group of two or more persons collaborating,
on the body of the victim were inflicted while he was confederating or mutually helping one another for the
still alive in order to unnecessarily prolong physical purpose of gain in the commission of any crime. [Art. 23,
suffering. R.A. 7659]
• Number of wounds alone does not show cruelty; it is
necessary to show that the accused deliberately and Specific Aggravating Circumstances
inhumanly increased the sufferings of the victims. (1) Violation of domicile (nighttime; papers and effects
• There is no cruelty when the series of acts causing not returned immediately)
unnecessary suffering to the victim took place in (2) Interruption of religious worship (violence or
rapid succession. threats)
• There must be appreciable time intervening between (3) Direct Assault (offender lays hands upon a person
the infliction of one wound and that of another. in authority)
(4) Grave threats (in writing; through a middleman) • Relationship is exempting in the crimes of
(5) Slavery (crime is committed to assign the victim to theft, estafa, and malicious mischief. [Art. 332]
some immoral traffic) (2) In crimes against persons
(6) Robbery with violence against or intimidation of • In cases where the offense committed is less
persons (uninhabited place, band) serious physical injuries or slight physical
EXCEPT: robbery with homicide or robbery with injuries, mitigating if the offended party is a
rape. relative of a lower degree; and aggravating if
(7) Robbery with force upon things (uninhabited place the offended party is a relative of a higher
and by a band) degree of the offender.
ALTERNATIVE CIRCUMSTANCES Relationship is aggravating in the following cases:

(1) In crimes against persons
ALTERNATIVE CIRCUMSTANCES, DEFINED It is aggravating where:
Those which must be taken into consideration as • The offended party is a relative of a higher
aggravating or mitigating according to the nature and degree than the offender; or
effects of the crime and the other conditions attending its • When the offender and the offended party are
commission. relatives of the same level (e.g. Brothers)
The alternative circumstances are (RID): In physical injuries:

(1) Relationship; A. It is aggravating when the crime against
(2) Intoxication; and persons is serious physical injuries [Art. 263],
(3) Degree of instruction and education of the even if the offended party is a descendant of
offender. the offender. But the serious physical injuries
must not be inflicted by a parent upon his
Relationship child as excessive chastisement.
The alternative circumstances of relationship shall be B. It is aggravating when the offense committed
taken into consideration when the offended party is the: is less serious physical injuries or slight
physical injuries, if the offended party is a
(1) Spouse,
relative of a higher degree of the offender.
(2) Ascendant,
o When the crime is homicide or murder,
(3) Descendant,
relationship is aggravating even if the
(4) Legitimate, natural, or adopted brother or sister,
victim of the crime is a relative of a
(5) Relative by affinity in the same degree of the
lower degree.
offender.
o In rape, relationship is aggravating
where a stepfather raped his
Other relatives included: stepdaughter or in a case where a
• The relationship of stepfather or stepmother and father raped his own daughter.
stepson or stepdaughter.
• The relationship of adopted parent and adopted (2) In crimes against chastity, like acts or lasciviousness
child. Adoption refers only to brothers and sisters [Art. 336], relationship is always aggravating,
but not to the adopting parents. regardless of whether the offender is a relative of a
higher or lower degree of the offended party.
BAR 2011 • When the qualification given to the crime is
derived from the relationship between the
But the relationship of uncle and niece is not covered offender and the offended party, it is neither
by any of the relationship mentioned mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery, and concubinage).
Relationship is mitigating in the following cases:
• The relationship always qualifies the crime
(1) In crimes against property, as a rule, relationship is
first; thus, other aggravating circumstances,
mitigating, by analogy to the provisions of Art. 332.
generic or qualifying, are given the effect of
• Thus, relationship is mitigating in the crimes of
ordinary aggravating circumstance.
robbery [Arts. 294-302], usurpation [Art. 312],
fraudulent insolvency [Art. 314] and arson [Art.
321-322, 325-326].
When intoxication is mitigating and when it is (4) Murder; and

aggravating: (5) Rape.
Mitigating Aggravating
If intoxication is not If intoxication is habitual

habitual
If the offender did not use If the offender did use ABSOLUTORY CAUSES
intoxication as a stimulant intoxication as a stimulant
to commit a crime or to commit a crime or ABSOLUTORY CAUSES, DEFINED
suffocate any remorse. suffocate any remorse. Causes which, for reasons of public policy and sentiment,
prevent penalty from being imposed for an act which
would ordinarily result in criminal liability.
To be entitled to the mitigating circumstance of
intoxication, it must be shown:
Examples of absolutory causes:
(1) That at the time of the commission of the criminal
(1) Spontaneous desistance [Art.6]
act, the accused has taken such quantity of alcoholic
(2) Attempted or frustrated light felonies [Art.7]
drinks as to blur his reason and deprive him of a
(3) Accessories who are exempt from criminal liability
certain degree of control; and
by reason or relationship [Art. 20] and in light
(2) That such intoxication is neither habitual nor used a
felonies
stimulant to commit the felony or suffocate remorse.
(4) Slight of less nervous physical injuries inflicted
under exceptional circumstances [Art. 247]
Habitual drunkard, defined
(5) Person exempt from criminal liability for theft,
One given to intoxication by excessive use of intoxicating
swindling and malicious mischief [Art. 332]
drinks.
(6) Instigation
• To be mitigating, the accused’s state of intoxication
(7) Trespass to dwelling when the purpose of entering
must be proved. Once intoxication is established by
another’s dwelling against the latter’s will is to
satisfactory evidence, in the absence of proof to the
prevent some serious harm to himself, the
contrary, it is presumed to be non-habitual or
occupants of the dwelling or a third person, or for
unintentional.
the purpose of rendering some service to humanity
or justice, or when entering cafes, taverns, inns
Instruction or Education
and other public houses, while the same are open
As an alternative circumstance, it does not only refer to
[Art. 280, par. 2]
literacy but more to the level of intelligence of the accused.
(8) Marriage of the offender and the offended party in
• Refers to the lack of sufficient intelligence and cases of seduction, abduction, acts of
knowledge of the full significance of one’s acts. lasciviousness and rape [Art. 344)
• Low degree of instruction and education or its lack (9) Adultery and concubinage if the offended party
thereof is generally mitigating. High degree of shall have consented or pardoned the offenders.
instruction and education is aggravating only when [Art. 344]
the offender took advantage of his learning in (10) Legal Ground for arbitrary detention. [Art. 124]
committing the crime.
• In order for lack of education or instruction to be
appreciated as mitigating, the offender must not • Entrapment is NOT an absolutory cause.
have reached the first grade of elementary school. • A buy-bust operation conducted in connection with
• The mitigating circumstance of lack of sufficient illegal drug-related offenses is a form of entrapment.
instruction cannot be justified if accused is a city • If the one who made the instigation is a private
resident and even knows how to sign his name. individual, not performing public function, both he and
the one induced are criminally liable for the crime
General Rule: Lack of sufficient education is mitigating. committed: the former, as principal by induction; and
the latter, as principal by direct participation.
• There is neither instigation nor entrapment when the
Exceptions:
violation of the law is simply discovered.
(1) Crimes against property
(2) Crimes against chastity;
(3) Treason
a. Principals — liable for grave, less grave and

Entrapment Instigation
light felonies
b. Accomplices — liable for grave, less grave and
Measures are resorted to Instigator induces the light felonies
for the capture of would-be accused to c. Accessories — liable only for grave or less
lawbreaker in the commit the crime, hence grave felonies
execution of his criminal he becomes a co-principal
plan Only natural persons can be the active subject of the
crime because of the highly personal nature of the
The means of committing The law enforcer
criminal.
the crime originates from conceives the commission
As a rule, juridical persons cannot be held criminally
the mind of the criminal. of the crime and suggests
liable, though they may be subject to fines under the
to the accused who adopts
appropriate laws. (Aquino)
the idea and carries it into
execution.
(2) Passive subject (the injured party)
Not a bar to the It will result in the The passive subject of the crime is the holder of the
prosecution and acquittal of the accused. injured right, these may be the following injured
conviction of the persons —
lawbreaker. a. Natural person
b. Juridical person
c. State
PERSONS LIABLE AND DEGREE OF IMPORTANCE OF CLASSIFYING THE PERSONS

PARTICIPATION CRIMINALLY LIABLE
It is important only if the rule on collective criminal liability
PRINCIPALS, ACCOMPLICES, AND does NOT apply. Meaning conspiracy as a means to
commit the crime is NOT proved. Their degree of criminal
ACCESSORIES participation (whether they are principals, accomplices or
accessories) is important to determine the property
For grave and less grave felonies penalty to be imposed.
(1) Principal
(2) Accomplices
PERSONS CRIMINALLY LIABLE
(3) Accessories
PRINCIPALS
For light felonies:
They are persons who either —
(1) Principal
1. Take a direct part in the execution of the act
(2) Accomplices
2. Directly force or induce others to commit it
3. Cooperate in the commission of the offense by
Rules relative to light felonies:
another act without which it would not have
(1) Light felonies are punishable only when they
been accomplished
have been consummated. (Art. 7, RPC)
ACCOMPLICES
(2) But when light felonies are committed against
They are persons who are not principals but cooperate
persons or property, they are punishable even if
in the execution of the offense by previous or
they are only in the attempted or frustrated
simultaneous acts
stage of execution. (Art. 7, RPC)
(3) Only principals and accomplices are liable for ACCESSORIES
light felonies. (Art. 16, RPC) 1. They have knowledge of the commission of the
(4) Accessories are not liable for light felonies, even crime but did not participated therein either as
if they are committed against persons or principals or accomplices
property.([Art. 16, RPC) 2. They merely take part subsequent to its
commission in any of the following manners —
SUBJECTS OF CRIMES a. By profiting themselves or assisting the
offender to profit by the effects of the crime
b. By concealing or destroying the body of the
(1) Active subject (the criminal)
crime, or the effects or instruments thereof,
Art. 16 enumerates the active subjects of the crime –
in order to prevent its discovery
c. By harboring, concealing, or assisting in the

escape of the principals of the crime, • Direct participation is necessary.
provided the accessory either — Exception: Persons not in the scene of the
i. Acts with abuse of his public functions, crime (i.e. leaders, masterminds, prime
ii. Whenever the author of the crime is movers)
guilty of any of the ff. — • Formal agreement or previous acquaintance
(1) Treason between persons is not necessary in
(2) Parricide conspiracy.
(3) Murder • In cases of implied conspiracy, the liability of a
(4) Attempt to take the life of the conspirator for acts performed by his co-
Chief Executive conspirators before he joined the conspiracy
(5) Known to be habitually guilty depends on the nature of those acts, thus:
of some other crime o If the anterior acts were the beginning of
a felony which was consummated after
PRINCIPALS he joined the conspiracy, he is liable for
these anterior acts; and
Principal by Principal by Principal by
o If those prior acts were separate felonies
Direct Inducement Indispensable
and unilateral to those committed after
Participation Cooperation
his joining the conspiracy, he is not liable
for hose preceding acts.
Those who take Those who Those who
• In the absence of conspiracy, each of the
a direct part in directly force or cooperate in the
accused is responsible only for the
the execution of induce others to commission of
consequences of his acts.
the act. commit it. the offense by
another act • Conspiracy is presumed when crime is
without which it committed by a band.
would not have • Conspiracy does not presuppose evident
been premeditation.
accomplished. • A conspirator is not liable for another’s crime
when it is neither an object of the conspiracy
nor a necessary and logical consequence
PRINCIPAL BY DIRECT PARTICIPATION thereof. [Art. 4]
Requisites: Exception: Robbery by a band [Art. 296]
(1) That they participated in the criminal resolution; Exception to the exception: If it is shown that
• It is well-settled that a person maybe convicted he attempted to prevent the occurrence of the
for the criminal acts of another when there has act that is not an object to the conspiracy.
been conspiracy or unity of purpose and, • When there is conspiracy, the fact that an
intention in the commission of the crime element of the offense is not present as regards
charged between them. one of the conspirators is immaterial.
• To be a party to a conspiracy, one must have Exception: Art. 62(3) and (4). (i.e. relationship,
the intention to participate in the criminal treachery, etc.) – Aggravating circumstances
transaction with a view to the furtherance of which are purely personal to one would not
the common design and purpose. [Reyes] affect the others.
• Conspiracy may be express or implied.
(2) That they carried out their plan and personally
Doctrine of implied conspiracy took part in its execution by acts which directly
If it is proved that two or more persons aimed, by tended to the same end.
their acts, at the accomplishment of the same NOTE: When the second requisite is lacking, there
unlawful object, each doing a part so that their is only conspiracy.
acts, though apparently independent, were in fact
connected and cooperative, indicating a closeness General Rule: The principal must be at the scene
of personal association and concurrence of of the crime, personally taking part in its
sentiment, a conspiracy may be inferred though no execution.
actual meeting among them to concert ways and
means is proved.
Exceptions:
(1) Leaders The inducement must precede the act and must be so
(2) Masterminds influential; hence if there is a price or reward involved,
(3) Prime movers without prior promise, there can be no inducement.
(4) Co-conspirators who has already
performed their part of the crime. If the crime committed is not contemplated in the order
given, inducement is not material and not the determining
In conspiracy by prior agreement, the principal by cause thereof.
direct participation who does not appear at the
scene of the crime is NOT liable because: Two ways of becoming a principal by Inducement:
(1) His non-appearance is deemed desistance (1) By directly forcing another to commit a crime by:
which is favored and encouraged. (1) Using irresistible force.
(2) Conspiracy is generally not a crime unless Irresistible Force, defined
the law specifically provides a penalty Such physical force as would produce an effect
therefore. (Art 8) Thus, by merely upon the individual that in spite of all resistance, it
conspiring, they would be participator has reduces him to a mere instrument.
not yet committed any crime unless he
would appear at the scene of the crime and (2) Causing uncontrollable fear.
perform any act directly or indirectly in the
Uncontrollable Fear, defined
accomplishment of the conspiracy.
Compulsion by means of intimidation or threat
(3) There is no basis for criminal liability
that promises an evil of such gravity and eminence
because there is no criminal participation.
that the ordinary man would have succumbed to it.
“Personally took part in its execution” meaning In these cases, there is no conspiracy, not even a
That the principal by direct participation must be at unity of criminal purpose and intention. Only the
the scene of the commission of the crime, personally one using the force or causing the fear is criminally
taking part in its execution except when there is liable. The material executor is not criminally liable
conspiracy and the principal by direct participation because of Art. 12, pars. 5 and 6 (exempting
has already performed his part prior to the actual circumstances).
commission of the crime.
(2) By directly inducing another to commit a crime by:
PRINCIPAL BY INDUCEMENT
(1) Giving of price, or offering of reward or promise.
Requisites: The one giving the price or offering the reward or
(1) That the inducement be made directly with the promise is a principal by inducement while the one
intention of procuring the commission of the committing the crime in consideration thereof is a
crime; and principal by direct participation. There is collective
(2) That such inducement is the determining cause of criminal responsibility.
the commission of the crime by the material
executor. (2) Using words of command
The person who used the words of command is a
One cannot be held guilty of having instigated the principal by inducement while the person who
commission of the crime without first being shown that committed the crime because of the words of
the crime was actually directly committed (or attempt) by command is a principal by direct participation.
another. There is also collective criminal responsibility
Requisites:
Thus, there can be NO principal by inducement (or by
a. That the one uttering the words of command
indispensable cooperation) unless there is a principal by
must have the intention of procuring the
direct participation. But there can be a principal by direct
commission of the crime;
participation without a principal by inducement (or by
b. That the one who made the command must
indispensable cooperation).
have an ascendancy or influence over the
This inducement must be the determining cause of the
person who acted;
commission of the crime by the principal by direct
c. The words used must be so direct, so
participation; without such inducement, the crime would efficacious, so powerful as to amount to
not have been committed.
physical or moral coercion (this requirement
does not apply to inducing another to commit
a crime with the giving or offering of a price, purpose and intention immediately before the
reward or promise); commission of the crime charged; and
d. The words of command must be uttered prior • Requires participation in the criminal
to the commission of the crime; and resolution
e. The material executor of the crime has no • There must be conspiracy
personal reason to commit the crime. • Concurrence is sufficient.
f. If the person who actually committed the • Cooperation is indispensable.
crime had reason of his own to commit the
crime, it cannot be said that the inducement b. Cooperation in the commission of the offense by
was influential in producing the criminal act. performing another act without which it would not
have been accomplished.
PRINCIPAL BY OFFENDER WHO MADE • Cooperation must be indispensable.
INDUCEMENT PROPOSAL TO COMMIT A • If dispensable, accused is only an accomplice.
FELONY • If cooperation is necessary in the execution of
the offense, accused is considered as a
principal by direct participation.
In both
The term “cooperation in the commission of the offense,”

There is an inducement to commit a crime
involves acting with the desires or wishes of the Principal
When liable by Direct Participation.
Becomes liable The mere proposal to commit a Collective criminal responsibility

only when the felony is punishable in treason This is present when the offenders are criminally liable in
crime is committed or rebellion. However, the the same manner and to the same extent. The penalty to
by the principal by person to whom the proposal is be imposed must be the same for all.
direct made should not commit the • Principal by direct participation have collective
participation. crime; otherwise, the criminal responsibility.
proponent becomes a principal • Principals by induction, except those who directly
by inducement. forced another to commit a crime, and principals by
direct participation have collective criminal
What kind of crime involved responsibility.
• Principals by indispensable cooperation have
Involves any crime The proposal to be punishable
collective criminal responsibilities with the principal
must involve only treason,
by direct participation.
rebellion, insurrection or coup
d’ etat
Individual criminal responsibility
In the absence of any previous conspiracy, unity of
Effects of acquittal of principal by direct participation criminal purpose and intention immediately before the
upon liability of principal by inducement: commission of the crime, or community of criminal design,
(1) Conspiracy is negated by the acquittal of co- the criminal responsibility arising from different acts
defendant. directed against one and the same person is individual and
(2) One cannot be held guilty of having instigated the not collective, and each of the participants is liable only for
commission of a crime without first being shown that the act committed by him.
the crime has been actually committed by another.
ACCOMPLICES
NOTE: If the one charged as principal by direct
participation is acquitted because he acted without ACCOMPLICES; DEFINED
criminal intent or malice, his acquittal is not a ground for Persons who, not acting as principals, cooperate in the
the acquittal of the principal by inducement. execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of the
PRINCIPAL BY INDISPENSABLE COOPERATION crime (Art. 18, RPC).
Requisites:
a. Participation in the criminal resolution, that is, They act as mere instruments who perform acts not
there is either prior conspiracy or unity of criminal essential to the perpetration of the offense.
In case of doubt, the participation of the offender will be

Requisites: considered that of an accomplice rather than of a principal.
a. That there be community of design; that is,
knowing the criminal design of the principal by ACCOMPLICE CONSPIRATOR
direct participation, he concurs with the latter’s
purpose; They know and agree with the criminal design.
b. That he cooperates in the execution of the offense They come to know about the They come to know
by previous or simultaneous acts, with the same after the principals the criminal intention
intention of supplying material or moral aid in the have reached the decision, because they
execution of the crime in an efficacious manner; and only then do they agree themselves have
and to cooperate in its execution. decided upon such
c. That there be a relation between the acts done by course of action.
the principal and those attributed to the person They are merely instruments They are the authors
charged as an accomplice. who perform acts not of a crime.
essential to the perpetration
NOTE: An accomplice is not in conspiracy with the of the offense.
principal by direct participation; otherwise, he becomes a
co-principal. ACCOMPLICE PRINCIPAL BY
INDISPENSABLE
An accomplice acquires knowledge of the criminal design COOPERATION
of the principal when: Cooperation must be Cooperation must be
(1) The principal informs or tells the accomplice of the dispensable. indispensable.
former’s criminal purpose. Cooperates in the Has participation in
(2) The accomplice sees the criminal acts of the execution of the offense by the criminal
principal. previous or simultaneous resolution, that is,
acts, with the intention of there is either anterior
The community of design need not be to commit the crime supplying material or moral conspiracy or unity of
actually committed. It is sufficient if there was a common aid in the execution of the criminal purpose and
purpose to commit a particular crime and that the crime crime in an efficacious way. intention immediately
actually committed was a natural and probable before the
consequence of the intended crimes. commission of the
crime charged.
Previous or simultaneous acts can be through oral support There must be no There must be
or moral aid through advice, encouragement, or conspiracy between conspiracy between
agreement, provided that is it not the determining cause principals and accomplices. the principals liable
of the commission of the crime of the principals.
ACCESSORIES
Where the accused acted in a dispensable manner,
jurisprudence has held them liable as accomplices, even if
Persons who:
they were co-conspirators, in view of the rule in favor of
(1) Having knowledge of the commission of the crime;
“milder liability.”
(2) Without having participated therein either as
principals or accomplices, take part subsequent to
Before there could be an accomplice, there must be a
its commission in any of the following acts:
principal by direct participation.
A. By profiting them or assisting the offender to
profit by the effects of the crime;
One can be an accomplice even if he did not know of the
(1) In profiting through the effect of the crime,
actual specific crime intended to be committed by the
the accessory must receive the property
principal, provided he was aware that the objective of the
from the principal. He should not take it
acts he was tasked to do was illicit.
without the consent of the principal. If he
The person charged as an accomplice should not have
took it without the consent of the principal,
inflicted a mortal wound. If he inflicted a mortal wound, he
he is not an accessory but a principal of the
becomes a principal by direct participation.
crime of theft.

(2) Knowledge of the commission of the crime b. He harbors, conceal or assists in the escape
after acquisition of stolen property is of the author of the crime; and The crime
sufficient. committed by the principal is either: (TPMa)
(3) Mere suspicion that a crime has been A. Treason;
committed is not enough. B. Parricide;
C. Murder;
B. By concealing or destroying the body, effects D. An attempt against the life of the
or instruments of the crime to prevent its President;
discovery; OR that the principal is known to be
“Body of the crime” is equivalent to corpus habitually guilty of some other crime.
delicti.
There must be an attempt to hide the body of c. Where the alleged principal is acquitted due
the crime such as burying the cadaver and/or to insufficiency of evidence as to the corpus
concealing or destroying the effects of or the delicti of the crime, it is neither proper nor
instruments of the crime to prevent its possible to convict the defendant as an
discovery. accessory.
Requisites:
(1) The fact that the crime was committed; General Rule: The responsibility of the accessory is
(2) The participation of the offender in the subordinate to that of the principal in a crime.
commission of the crime. • HOWEVER, conviction of an accessory is possible
• What is concealed is the body of notwithstanding the acquittal of the principal, if the
the crime, not the accused. crime was in fact committed, but the principal was
(3) By harboring, concealing, or assisting in the not held liable, because of an exempting
escape of the principal of the crime, circumstance [Art. 12], such as insanity or minority.
provided the accessory acts with abuse of • Neither the letter nor the print of the law requires
his public functions or whenever the that the principal be convicted before one may be
author of the crime is guilty of treason, punished as an accessory. As long as the corpus
parricide, murder, or an attempt to take delicti is proven and the accessory’s participation as
the life of the Chief Executive, or is known such is shown, he can be held criminally responsible
to be habitually guilty of some other crime and meted out the corresponding penalty.
(Art. 19, RPC) • The prescribed acts of the accessory under par. 2
must have been intended to prevent the discovery of
Two classes of accessories contemplated in paragraph 3 the crime; hence, mere silence is NOT punishable.
of Art. 19:
(1) Public officers, who harbor, conceal or assist in the Exceptions:
escape of the principal of any crime (not light felony) a. if, however, the crime involved is conspiracy to
with abuse of his public functions. commit treason, his silence may hold him liable for
Requisites: misprision of treason [Art. 116] but as a principal
a. The accessory is a public officer; thereof.
b. He harbors, conceal, or assist in the escape b. Committing the acts of knowingly concealing evil
of the principal; practices as enumerated in Art. 142 makes the
c. The public officer acts with abuse of his accomplice also punishable as a principal in inciting
public functions; and to Sedition [Art. 142].
d. The crime committed by the principal is any c. Where the accused misleads the authorities by giving
crime, provided it is not a light felony. them false information, such act is equivalent to
concealment and he should be held as an accessory.
(2) Private persons, who harbor, conceal or assist in the
escape of the author of the crime who is guilty of ART. 19. RPC P.D. 1829
treason, parricide, murder, or attempts against the (OBSTRUCTION OF
life of the Chief Executive (President), or who is JUSTICE)
known to be habitually guilty of some other crime.
The principal who was The person who was
Requisites:
assisted committed only assisted committed any
a. The accessory is a private person; any of the enumerated crime.
felonies unless the
accessory is a public b. That the agreement pertains to a commission of a

officer who acts with felony; and
abuse of public functions. c. That the execution of a felony was decided upon.
The crime committed by The crime committed by NOTE: There must be participation with a criminal
the principal must be the principal is punishable resolution because simple knowledge thereof by a
under the RPC. under any existing penal person may only make him liable as an accomplice.
law, including the RPC.
The person who gave The person who gave CRIMES PUNISHABLE BY MERE CONSPIRACY
assistance is punished as assistance is punished as a UNDER RPC UNDER SPL
an accessory in the principal in the crime of (1) Treason [Art. 115] (1) Espionage,
offense committed by the obstruction of justice. (2) Rebellion [Art. 136] (2) Highway robbery,
principal. (3) Insurrection [Art. (3) Illegal association,
136] (4) Selected acts
Art. 20, RPC – Accessories exempt from liability (4) Coup d’etat [Art. 141] committed under the
The exemption provided for in this article is based on the (5) Sedition [Art. 141] Dangers Drugs Act,
ties of blood and the preservation of the cleanliness of (6) Monopolies and (5) Arson; and
one’s name, which compels one to conceal crimes combinations in (6) Terrorism under the
committed by relatives so near as those mentioned in this restraint of trade. Human Security Act.
article. [Art. 186]
An accessory is exempt from criminal liability when the Crimes which are punishable by mere conspiracy: (under
principal is his/her – (SADL) RPC)
(1) Spouse, or
(2) Ascendant, or AS A FELONY AS A MANNER OF INCURRING
(3) Descendant, or CRIMINAL LIABILITY
(4) Legitimate, natural or adopted brother, sister or
relative by affinity within the same degree. Conspirators should If the conspirators commit it,
not actually commit they will be held liable for
treason, rebellion, treason, and the conspiracy
Accessory is NOT exempt from criminal liability even if
etc., it being which they had before
the principal is related to him, if such accessory:
sufficient that two committing treason is only a
(1) Profited by the effects of the crime, or
or more persons manner of incurring criminal
(2) Assisted the offender to profit by the effects of the
agree and liability, not treated as a separate
crime.
decide to commit it. offense.
The public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal, even if Felony relates to a Conspiracy is not treated as a
such public officer acted with abuse of this official crime actually separate offense but used to
functions. committed. determine the liability of the
offenders.
NOTE: The benefits of the exception in Art. 20 do not
apply to P.D. 1829. In conspiracy, the act of one is
the act of all.
CONSPIRACY AND PROPOSAL General Rule: When conspiracy is established, all who
participated therein, irrespective of the quantity or quality
CONSPIRACY of his participation is liable equally, whether pre-planned
Conspiracy, defined or instantaneous. (People v. Recones)
When two or more persons come to an agreement
concerning the commission of a crime and decide to Exception: Unless one or some of the conspirators
commit it. (Agreement may be oral or written, express or committed some other crime which is not part of the
implied.) intended crime.
Requisites: Exception to the exception: When the act constitutes a

a. That two (2) or more persons came to an “single indivisible offense.”
agreement;

BAR 1998, 2003 C. PENALTIES

PENALTIES THAT MAY BE IMPOSED AND
DOCTRINE OF IMPLIED CONSPIRACY
RETROACTIVE EFFECT OF PENAL LAWS
Conspiracy may be inferred if it is proven that two or
PENALTY, DEFINITION
more persons aimed their acts towards the
The suffering that is inflicted by the State for the
accomplishment of the same unlawful object, each doing
transgression of a law.
a part so that their acts although apparently
independent were in fact connected and cooperative,
Different juridical conditions of penalty: (P2C3EL)
this indicating a closeness of personal association and a
concurrence of sentiments. (1) Must be productive of suffering without however
affecting the integrity of the human personality
(2) Must be commensurate with the offense-different
• It is enough that at the time of the commission of the crime must be punished with different penalties
offense, the offenders acted in concert, each doing (3) Must be personal – no one should be punished for the
his part to fulfill their common design. crime of another
• It must be shown that there is unity of purpose and (4) Must be legal – it is the consequence of a judgment
unity in the execution of the offense. according to law
• A conspiracy must be established by positive and (5) Must be certain– no one may escape its effect
conclusive evidence. (6) Must be equal for all
(7) Must be correctional
PROPOSAL
Proposal to commit a felony, defined
Three-fold purpose of penalty under RPC:
When a person decides to commit a crime and proposes
(1) Retribution or expiation
its execution to some other person or persons.
(2) Correction or reformation
(3) Social defense
Requisites:
a. That a person has decided to commit a felony; and
Constitutional restriction on penalties
b. That he proposes its execution to some other
The Constitution directs that “excessive fines shall not be
person or persons.
imposed, nor cruel and unusual punishment inflicted.”
(Sec. 19 [1], Art. 3)
RPC specially provides penalty for mere proposal in:
(1) Treason (TRIC)
Art. 21, RPC – Imposable penalties
(2) Rebellion
A felony shall be punishable only by the penalty prescribed
(3) Insurrection by law AT THE TIME OF ITS COMMISSION.
(4) Coup d’etat
! It has no application to any of the provisions of the
RPC for the reason that, for every felony defined in
NO criminal proposal when: the Code, a penalty has been prescribed. [Reyes]
(1) The person who proposes is not determined to ! This article can be invoked when a person is being
commit the felony; tried for an act or omission for which no penalty has
(2) There is no definite, concrete, and formal proposal been prescribed by law.
but a mere suggestion;
(3) It is not the execution of a felony that is proposed.
Art. 22, RPC – Retroactivity of Penal laws
• It is not necessary that the person to whom
General Rule: Penal law is applied prospectively.
the proposal is made agrees to commit of any
Exception: When retroactive application will be favorable
of the TRIC
to the person guilty of a felony, provided that:
• If the proposal is accepted, it becomes
(1) The offender is NOT a habitual criminal (delinquent)
conspiracy.
under Art. 62(5);
• The crimes in which conspiracy and proposal
(2) The new or amendatory law does NOT prohibit its
are punishable are against the security of the
retroactive application.
State or economic security.
Habitual delinquent, defined

A person who, within a period of ten years from the date
of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or innocent third parties are not within the gift of arbitrary
falsification (FRETSeL), is found guilty of any said crimes a disposal of the State.
third time or oftener.
Criminal liability under the repealed law subsists:
Ex post facto law, defined (1) When the provisions of the former law are
A law which makes criminal an act which, when reenacted; or if the offenses are still punishable in
committed, was not a crime. the repealing penal law;
(2) When the repeal is by implication; or
An ex post facto law is one which: (3) When there is a repeal of the repealing law, which
(1) Makes an innocent act done before the passage of revives the prior penal law, unless the language of
the law criminal; the repealing statute provides otherwise.
(2) Aggravates a crime, or makes it greater than it was, (4) When there is a saving clause.
when committed;
(3) Changes the punishment and inflicts a greater NOTE: The new law which increases the civil liability of the
punishment than that provided by the law annexed accused cannot be given retroactive effect.
to the crime when committed;
(4) Alters the legal rules of evidence, and authorizes Bar 2011
conviction upon a less or different testimony than When the repeal is absolute, the offense ceases to be
the law required at the time of the commission of the criminal. The pending case charging the accused of the
offense; repealed crime is to be dismissed.
(5) Assumes to regulate civil rights and remedies only, in
effect imposing a penalty or deprivation of a right for Note:
something which when done was lawful; and No retroactive effect of penal law as regards jurisdiction of
(6) Deprives a person accused of a crime of some lawful court. The jurisdiction of the court to try a criminal action
protection to which he has become entitled, such as is to be determined by the law in force at the time of
the protection of a former conviction or acquittal, or instituting the action, not at the time of the commission of
a proclamation of amnesty. the crime.
If retroactive effect of a new law is favorable to the Jurisdiction of courts in criminal cases is determined by
defendant, it shall apply to him even if he is: the allegations of the complaint or informant, and not by
(1) Presently on trial for the offense; the findings the court may make after trial. (People vs.
(2) Has already been sentenced but service of which has Romualdo, 87 Phil. 641, 642)
not begun; or
(3) Already serving sentence. Art. 23, RPC – Effect of pardon by offended party
General Rule: Pardon by the offended party does NOT
NOTE: extinguish the criminal liability of the offender.
! The exception applies to a law dealing with the In criminal cases, the intervention of the aggrieved
prescription of a crime. parties is limited to being witnesses for the
! The retroactive effect of criminal statutes does prosecution
not apply to the culprit’s civil liability, regardless Compromise upon the civil liability arising from an
of it being favorable or unfavorable offense may be had; but such compromise shall not
! No retroactive effect even when favorable to the extinguish the public action for the imposition of the
accused if the new law is expressly made legal penalty. (Art. 2034, Civil Code)
inapplicable to pending actions or existing
causes of action. (Tavera vs. Valdez) A contract stipulating for the renunciation of the
! The provisions of Art. 22 are applicable even to right to prosecute an offense or waiving the criminal
special laws which provide more favorable liability is VOID. [Arts. 1306, 1352, 1409, Civil Code]
conditions to the accused.
Exception: Pardon by the offended party will bar criminal
Not applicable to civil liability prosecution in the following crimes:
The principle that criminal statutes are retroactive so far ! Adultery and Concubinage [Art. 344, RPC]
as they favor the culprit does not apply to the latter's civil ! EXPRESS or IMPLIED pardon must be given by
liability, because the rights of offended persons or offended party to BOTH offenders.

! Pardon must be given PRIOR to institution of Reasons why they are NOT penalties:
criminal action. ! They are not imposed as a result of judicial
! Seduction, Abduction, Acts of Lasciviousness [Art. proceedings. Those mentioned in paragraphs 1, 3 and
344, RPC] 4 are merely preventive measures before conviction
Note: The pardon by the parents, standing alone, is of offenders.
inefficacious. Similarly, the express pardon of a ! The offender is not subjected to or made to suffer
person guilty of attempted abduction of a minor, these measures in expiation of or as punishment for a
granted by the latter’s parents, is not sufficient to crime.
remove criminal responsibility, but must be ! Par. 1 does not refer to the confinement of an insane
accompanied by the express pardon of the girl or imbecile who has not been arrested for a crime it
herself. (People vs. Lacson, [ICA] 55 OG 9460) refers to accused persons” who are detained by
! Pardon must be given PRIOR to the institution of the reason of insanity or imbecility.
criminal action. ! Paragraphs 3 and 4 refer to administrative suspension
Exception: However, marriage between the offender and administrative fines and not suspension or fine as
and the offended party EVEN AFTER the institution penalties for violations of the RPC.
of the criminal action or conviction of the offender ! The deprivation of rights established in penal form by
will extinguish the criminal action or remit the the civil laws is illustrated in the case of parents who
penalty already imposed against the offender, his co- are deprived of their parental authority if found guilty
principals, accomplices, and accessories after the of the crime of corruption of their minor children, in
fact. accordance with Art. 332 of the Civil Code.
Note: Not applicable in rape, where there are two or ! Where a minor offender was committed to a
more principals involved and in case of multiple rape. reformatory pursuant to Art. 80 (now, PD 603), and
! Rape (as amended by R.A. 8353) while thus detained he commits a crime therein, he
The subsequent valid marriage between the offender cannot be considered a quasi-recidivist since his
and the offended party shall extinguish criminal detention was only a preventive measure, whereas
liability or the penalty imposed. In case the legal quasi-recidivism presupposes the commission of a
husband is the offender, subsequent forgiveness by crime during the service of the penalty for a previous
the wife as offended party shall also produce the crime.
same effect.
Pardon by the offended party under Art. 344 is ONLY Art. 26, RPC – Fines; classified
A BAR to criminal prosecution; it is NOT a ground for Fine is:
extinguishment of criminal liability. (1) Afflictive – over P1,200,000.00
CIVIL LIABILITY may be extinguished by the (2) Correctional – does not exceed P1,200,000, but not
EXPRESS WAIVER of the offended party. less than P40,000.00
(3) Light penalty – less than P40,000.00 (RA 10951, Sec. 2)
Art. 24, RPC – Measures of prevention or safety which
are not considered penalties ! Same basis may be applied by analogy to bond to
The following are NOT considered as penalties: keep the peace
(1) Arrest and temporary detention of accused ! These articles determine the classification of a fine
persons, as well as their detention by reason of whether imposed as a single or as an alternative
insanity or imbecility, or illness requiring their penalty for a crime.
confinement in a hospital.
(2) The commitment of a minor to any the institution RA NO. 9346 : AN ACT PROHIBITING THE
mentioned in Art. 80 (now Art 192, PD No. 603) and IMPOSITION OF DEATH PENALTY IN THE
for purposes specified therein.
PHILIPPINES
(3) Suspension from the employment or public office
Sec. 2 of said law provides that in lieu of death penalty,
during the trial or order to institute proceedings.
the following shall be imposed:
(4) Fines and other corrective measures which, in the
exercise of their administrative or disciplinary
(1) The penalty of reclusion perpetua, when the law
powers, superior official may impose upon their
violated makes use of the nomenclature of the
subordinates.
penalties of the Revised Penal Code; or
(5) Deprivation of right and the reparations which the
(2) The penalty of life imprisonment, when the law
civil law may establish in penal form. [Art. 24, RPC]
violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.
Carries accessory Does not carry

Section 3. Persons convicted of offenses punished with
penalties with it accessory penalties with
reclusion perpetua, or whose sentences will be reduced
it
to reclusion perpetua, by reason if this Act shall not be
eligible for parole under Act No. 4103, otherwise known Imposed by RPC Imposed by Special Laws
as the indeterminate sentence law, as amended.
B. Accessory penalties
CLASSIFICATION Those that are deemed included in the principal
penalties.
Art. 25, RPC – Penalties, classified
! The scale in Art. 25 is only a general classification of (3) Based on subject matter
penalties based on their severity, nature and subject a. Corporal (death).
matter. b. Deprivation of freedom (reclusion perpetua and
! The scale of penalties in Art. 70 is provided for temporal, prision mayor and correccional,
successive service of sentences imposed on the same arresto mayor and menor).
accused, in consideration of their severity and c. Restriction of freedom (destierro)
natures. d. Deprivation of rights (disqualification and
! The scales in Art. 71 are for the purpose of graduating suspension).
the penalties by degrees in accordance with the rules e. Pecuniary (fine)
in Art. 61.
! Perpetual or temporary absolute disqualification,
Classification of penalties under article 25: perpetual, or temporary special disqualification,
(1) Based on their severity or gravity and suspension may be principal or accessory
A. Capital, penalties.
B. Afflictive, ! Bond to keep the place is imposed only in the
C. Correctional, crime of threats [Art. 284], either grave [Art. 282]
D. Light or light threats [Art. 283]
This classification corresponds to the classification of

felonies in Art. 9, into grave, less grave and light.
(2) Based on their nature

A. Principal penalties
Those expressly imposed by the court in the
judgment of conviction. It may be further
classified based on divisibility.
DIVISIBLE - Those that have fixed duration and

are divisible into three periods.
INDIVISIBLE - Those which have no fixed

duration. These are:
(1) Death
(2) Reclusion perpetua
(3) Perpetual absolute or special
disqualification
(4) Public censure
Reclusion Perpetua Life Imprisonment
Eligible for parole after Not eligible for parole

30 years of after 30 years of
imprisonment imprisonment

DURATION AND EFFECTS

TABLE SHOWING THE DURATION OF DIVISIBLE
PENALTIES AND THE TIME INCLUDED IN EACH OF
THEIR PERIODS
PENALTIES TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN

THE PENALTY IN ITS ITS MINIMUM ITS MEDIUM ITS MAXIMUM
ENTIRETY PERIOD PEDIOD PERIOD
From 12 years and 1 day From 12 years and 1 From 14 years, 8 From 17 years, 4
Reclusion temporal to 20 years. day to 14 years and 8 months and 1 day to 17 months and 1 day to
months. years and 4 months. 20 years.
Prision mayor, absolute From 6 years and 1 day From 6 years and 1 From 8 years and 1 day From 10 years and 1
disqualification and to 12 years. day to 8 years. to 10 years. day to 12 years
special temporary
disqualification
From 6 months and 1 From 6 months and 1 From 2 years, 4 From 4 years, 2
day to 6 years. day to 2 years and 4 months and 1 day to 4 months and 1 day to 6
months. years and 2 months. years.
Prision correccional,
suspension and destierro
From 1 month and 1 day From 1 to 2 months. From 2 months and 1 From 4 months and 1
to months. day to 4 months. day to 6 months.
Arresto mayor
From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

Arresto menor
Art. 27, RPC – Durations (2) In case of failure to give bond for good behavior. [Art.
Afflictive Penalties: 284]
Reclusion Perpetua – 20 years and 1 day to 40 years (3) As a penalty for the concubine in concubinage [Art.
Reclusion Temporal – 12 years and 1 day to 20 years 334]
Prision Mayor and Temporary Disqualification – 6 years (4) In cases where after reducing the penalty by one or
and 1 day to 12 years except when disqualification is an more degrees, destierro is the proper penalty.
accessory penalty, in which case its duration is that of the
principal penalty. Art. 28, RPC - Computation
Rules: (to be done by Director of Prisons or warden)
Correctional Penalties: (1) When the offender is in prison – the duration of
Prision Correccional, suspension and destierro – 6 months temporary penalties starts from the day the judgment
and 1 days to 6 years except when suspension is an of conviction becomes final.
accessory penalty, in which case its duration is that of the Applies in cases of temporary penalties and the
principal penalty. offender is under detention (under preventive
Arresto mayor - 1 months and 1 day to 6 months. imprisonment)
Arresto menor - 1 day to 30 days (2) When the offender is not in prison – the duration of
Bond to keep the peace - The period during which the penalties consisting in deprivation of liberty, starts
bond shall be effective is discretionary on the court. from the day that the offender is placed at the
disposal of judicial authorities for the enforcement of
In what cases is destierro imposed? the penalty
(1) Serious physical injuries or death under exceptional Applies in cases of penalties consisting in deprivation
circumstances. [Art. 247] of liberty and the offender is not in prison.

(3) The duration of other penalties – the duration starts The following offenders are NOT entitled to be credited
from the day on which the offender commences to with the full time or four-fifths of the time of preventive
serve his sentence. Applies in cases of: imprisonment:
• Penalties consisting in deprivation of liberty and Recidivists or those convicted previously twice or more
the offender are undergoing preventive times of any crime (reiteracion of 2 or more light felonies).
imprisonment; but the offender is entitled to a NOTE: Includes habitual delinquents.
deduction of the entirety of the time spent in
detention (should the detention prisoner agree, Those who, upon being summoned for the execution of
in writing and with counsel, to abide by the same their sentence, failed to surrender voluntarily.
disciplinary rules imposed upon convicted
prisoners) or 4/5ths of the time of his detention Refers to convicts who failed to voluntarily surrender
(should the detention prisoner not agree to the to serve their penalties under a final judgment, since
same, also in writing and with counsel). this is indicative of a greater defiance of authority.
• Temporary penalties and the offender is not
under detention because the offender is released ! The accused shall be released immediately
on bail. whenever he has undergone preventive
imprisonment for a period equal to or more than
Art. 29, RPC – Deduction/Credit of Detention period the possible maximum imprisonment for the
offense charged.
BAR 1994
! The convict shall also be released immediately if
Preventive Imprisonment the penalty imposed after trial is less than the full
Period of detention undergone by an accused where the or 4/5ths of his preventive imprisonment, provided
crime with which he is charged is non-bailable or, even if that the same is credited.
bailable, he is unable to post the requisite bail:
Art. 30, RPC – Absolute/Temporary Disqualification;
effects
! These rules on preventive imprisonment apply to
Disqualification is the withholding of a privilege, not a
all sentences regardless of the duration thereof, denial of right – a restriction upon the right of suffrage or
including the so-called perpetual penalties as to hold office.
long as they involve deprivation of liberty.
Absolute disqualification; defined
BAR 1994 A disqualification to enter public offices and employments,
the right to vote for any popular office, the right to be
When is the detention prisoner entitled to the full credit elected to such office.
of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing and Perpetual absolute disqualification; defined
with counsel to abide by the same disciplinary rules An absolute disqualification effective during the lifetime of
imposed upon convicted prisoners. the convict and even after the service of the sentence.
When will he be credited only four-fifths (4/5) the time Temporary absolute disqualification; defined
during which he has undergone preventive An absolute disqualification which lasts during the term of
imprisonment? the sentence, and is removed after the service of the same.
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners. ! A plebiscite is NOT mentioned or contemplated in Art.
Said disagreement shall also be in writing and be made with 30, par. 2 (deprivation of the right to vote), hence, the
the assistance of counsel. offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time.
! In the case of a youthful offender who has been

Art. 31 & 32, RPC – Special Disqualification; effects
proceeded against under the Child and Youth
Special Disqualification deprives the offender
Welfare Code, he shall be credited in the service
perpetually or during the term of the sentence of:
of his sentence with the full time of his actual (1) The right to vote in any popular election for any
detention, whether or not he agreed to abide by public office, or
the same disciplinary rules of the institution. (2) To be elected to such office.
BAR 2011
Limitations upon the exercise of the pardoning power:
It does not deprive the offender of the right to vote in a That the power can be exercised only after conviction “by
plebiscite. final judgment”;
That such power does not extend to cases of
impeachment;
Art. 33 & 34, RPC – Civil Interdiction; effects
No pardon, amnesty, parole or suspension of sentence for
Civil interdiction deprives the offender of:
violation of election laws, rules, and regulation shall be
! The right of parental authority or guardianship of
granted by the president without the favorable
any ward (person or property);
recommendation of the COMELEC.
! Marital authority;
! The right to manage his property and of the right to
General Rule: When the principal penalty is remitted by
dispose of such property by any act or any
pardon, only the effect of that principal penalty is
conveyance inter vivos.
extinguished, but not the accessory penalties attached to
But he can dispose of such property by will or donation
it.
mortis causa.
Exception: When an absolute pardon is granted, it
removes all the consequences of conviction, and it takes
Civil interdiction is imposed when the penalty is:
effect even after the term of imprisonment has expired.
(1)Death which is not carried out;
(2)Reclusion perpetua; or
PARDON BY THE CHIEF PARDON BY THE
(3)Reclusion temporal.
EXECUTIVE [ART. 36] OFFENDED PARTY
Art. 35, RPC – Bond to keep the peace; effects [ART. 23]
Effects of bond to keep the peace As to the crime covered
! The offender must present two sufficient sureties Can extend to any crime, Applies only to crimes
who shall undertake that the offender will not unless otherwise provided against chastity under the
commit the offense sought to be prevented, and that by or subject to RPC and marital rape.
in case such offense be committed they will pay the conditions in the
amount determined by the court; or Constitution or the laws.
! The offender must deposit such amount with the As to the effect on civil liability
clerk of court to guarantee said undertaking; or Cannot affect the civil The offended party can
liability ex delicto of the waive the civil liability.
! The offender may be detained, if he cannot give the
offender.
bond, for a period not to exceed 6 months if
prosecuted for a grave or less grave felony, or for a As to extinguishment of criminal liability
period not to exceed 30 days, if for a light felony. Extinguishes criminal Does NOT extinguish
! Bond to keep the peace is different from bail bond liability. criminal liability.
Although it may
which is posted for the provisional release of a
constitute a bar to the
person arrested for or accused of a crime
prosecution of the
! Imposed as a penalty in threats [Art. 284].
offender in seduction,
abduction and acts of
Art. 36, RPC – Pardon; effects
lasciviousness by the valid
Effects of pardon by the president:
marriage of the victim and
(1) A pardon shall not restore the right to hold public
the offender, and in
office or the right of suffrage.
adultery and
Exception: When any or both such rights is or are
concubinage, by the
expressly restored by the terms of the pardon.
express or implied pardon
(Absolute or conditional)
by the offended spouses.
When granted
(2) It shall not exempt the culprit from the payment of
Can be extended only Can be validly granted
the civil liability.
after conviction by final only before the institution
Acceptance of pardon shall not operate as an
judgment of the accused. of the criminal action
abandonment of appeal or waiver of the appeal.
To whom granted

To any or all of the In seduction, abduction (2) By periods - Refers to the proper period of the
accused. and acts of lasciviousness, penalty which should be imposed when aggravating
it benefits the co - or mitigating circumstances attend the commission
principals, accomplices of the crime.
and accessories. SUSPENSION OF THE DEATH PENALTY
Section 19 (1), Article III of the 1987 Constitution provides
In adultery and that:
concubinage, it must “Excessive fines shall not be imposed, nor cruel,
include both offenders. degrading or inhuman punishment inflicted. Neither
As to whether it can be conditional shall death penalty be imposed, unless for compelling
May be absolute or Can be validly granted reasons involving heinous crimes, the Congress
conditional. only before the institution hereafter provides for it. Any death penalty already
of the criminal action imposed shall be reduced to reclusion perpetua.”
A reading of said Section will readily show that there is
Art. 37, RPC – Costs or costs of suit; defined really nothing therein which expressly declares the
These are the expenses of litigation allowed and regulated abolition of death penalty. The 1987 Constitution merely
by the Rules of Court to be assessed against or to be suspended the imposition of the death penalty.
recovered by a party in litigation.
R.A. NO. 7659 AND R.A. NO. 9346
The following are included in costs: Republic Act No. 7659 which took effect on December 31,
(1) Fees, and 1993, restored the death penalty for certain heinous
(2) Indemnities, in the course of judicial proceedings. crimes. Republic Act No. 9346 which was enacted on June
24, 2006 prohibited the imposition of the death penalty,
Costs are changeable to the accused only in cases of and provided for the imposition of the penalty of reclusion
conviction. In case of acquittal, the costs are de perpetua in lieu of death.
officio, meaning each party bearing their own • In other words, R.A. No. 7659 restored the death
expenses penalty while R.A. No. 9346 prohibited the imposition
No costs shall be allowed against the Republic of the of the death penalty.
Philippines, unless otherwise provided by law. Likewise, no death penalty shall be imposed upon children
The payment of cost is a matter that rests entirely in conflict with law under Sec. 59, R.A. 9344.
upon the discretion of courts.
The court cannot disregard the order of payment. Penalty rules to be imposed upon the principals when the
crime committed is different from that intended
In cases in which the felony committed is different from
APPLICATION
that which the offender intended to commit, the following
rules shall be observed:
RPC PROVISIONS If the penalty for the felony committed be higher than the
penalty for the offense which the accused intended to
Art. 46, RPC – Imposable penalties on principals commit, the lower penalty shall be imposed in its
General rule: The penalty prescribed by law in general maximum period.
terms shall be imposed upon the principals for a If the penalty for the felony committed be lower than the
consummated felony. penalty for the offense which the accused intended to
Exception: When the penalty to be imposed upon the commit, the lower penalty shall be imposed in its
principal in a frustrated or attempted felony is fixed by law. maximum period.
If the act committed also constitutes an attempt or
Graduation of penalties: frustration of another crime, and the law prescribes a
(1) By degrees – refers to: higher penalty for either of the latter, the penalty for the
attempted or frustrated crime shall be imposed in its
Stages of execution (consummated, frustrated, or
attempted); and maximum period. (Art. 49, RPC)
Degree of the criminal participation of the offender ART. 49 APPLIES ONLY WHEN:
(whether as principal, accomplice or accessory).
(1) There is a mistake in the identity of the victim of the
crime, and the penalty for the crime committed is

different from that for the crime intended to be Public officers who help the author of the crime by
committed. misusing their office and duties shall suffer the additional
! Article 49 cannot apply to cases involving penalties of:
aberratio ictus (mistake in blow) or praeter • Absolute perpetual disqualification if the principal
intentionem (where a more serious consequence offender is guilty of a grave felony;
not intended by the offender befalls the same • Absolute temporary disqualification if the principal
person). offender is guilty of a less grave felony. (Sec. 58)
! However, in error in personae, since only one • This article applies only to public officers who abused
crime is produced by the act of the offender, their public functions.
there could be no complex crime, which • The additional penalty prescribed in this article will be
presupposes the commission pf at least two imposed only on those accessories whose
crimes. It will be noted that only one person was participation in the crime is characterized by the
affected by the single act of the offender; hence, misuse of public office or authority. This is so because
only one crime was produced. For this reason, it Article 58 says “who should act with abuse of their
is Article 49, and not Article 48, that is applicable. public functions.” (Reyes, 2012)
(Reyes, 2012, p. 709)
BASIS FOR THE IMPOSITION OF PROPER PENALTY
(2) The intended crime and the crime actually committed (1) Social danger; and
are punished with different penalties. (i.e. qualified by (2) Degree of criminality shown by the offender.
relationship)
(3) The rules prescribed in paragraphs 1 and 2 of Article RULES FOR THE APPLICATION OF PENALTIES WITH
49 contemplate of cases where the intended crime REGARD TO THE MITIGATING AND AGGRAVATING
and the crime actually committed are punished with CIRCUMSTANCES, AND HABITUAL DELINQUENCY
different penalties by reason of relationship between
the offender and the offended party, which qualifies Effects of the attendance of aggravating or mitigating
one of the crimes. circumstances or of habitual delinquency:
If the intended crime and the crime actually • Aggravating circumstances (generic and specific) have
committed are punished with same or equal penalties, the effect of increasing the penalty, without however
Article 49 is not applicable. (Reyes, 2012, p. 710) exceeding the maximum period provided by law.
• Mitigating circumstances have the effect of
DISTINCTION BETWEEN ARTICLES 48 & 49 diminishing the penalty.
• Habitual delinquency has the effect, not only of
Article 49 Article 48 increasing the penalty because of recidivism which is
generally implied in habitual delinquency, but also of
Lesser penalty is imposed, to Penalty for the more or most imposing an additional penalty.
be applied in its maximum serious crime shall be
period. imposed, to be applied in its UNDER PARAGRAPH 1 OF ARTICLE 62:
maximum period. Aggravating circumstances which (a) in themselves
constitute a crime especially punished by law (e.g. crime
RULE NO. 3 IN ARTICLE 49 committed by means of fire is not considered aggravating
The rule in paragraph 3 of Article 49 is not necessary in arson) or which (b) are included by the law in defining a
because the cases contemplated in that paragraph may crime and prescribing the penalty therefore are not to be
well be covered by Article 48, in view of the fact that the taken into account to increase the penalty (e.g. abuse in
same act committed by the guilty person, which gives rise confidence is not qualified theft committed with grave
to one crime, also constitute(s) an attempt or a frustration abuse of confidence).
of another crime. (Reyes, 2012)
WHEN MAXIMUM PENALTY IMPOSED
Note: For Articles 50-57 and 60, refer to Art. 61 herein (1) When in the commission of the crime, advantage
provided. was taken by the offender of his public position; or
Additional penalties for public officers in section 58 who (2) If the offense was committed by any person who
belongs to an organized/syndicated crime group
are guilty as accessories under paragraph 3 of article 19
which means a group of two or more persons
collaborating confederating or mutually helping

one another for purpose of gain in the commission such aggravating circumstance is only applicable to
of any crime. the latter.
UNDER PARAGRAPH 2 OF ARTICLE 62: NO MITIGATING CIRCUMSTANCE RELATING TO THE

The same rule applies with respect to aggravating MEANS EMPLOYED IN THE EXECUTION OF THE CRIME
circumstances which are inherent in the crime (e.g. It is impossible to conceive of any mitigating
evident premeditation is inherent in robbery and theft). circumstances which can properly be considered as to one
of the defendants, but is not equally applicable to the
UNDER PARAGRAPH 3 OF ARTICLE 62 others, even to those who had no knowledge of the same
(1) Aggravating or mitigating circumstances which at the time of the commission of the crime, or their
arise from the following serve to aggravate or cooperation therein. (Reyes, 2012, p. 732)
mitigate the liability of the principals,
accomplices and accessories as to whom such DIFFERENCE BETWEEN:
circumstances are attendant:
CIRCUMSTANCE CIRCUMSTANCES
(2) The moral attributes of the offender; or
RELATING TO THE CONSISTING IN THE
The state of the offender’s minds are different.
PERSONS PARTICIPATING MATERIAL EXECUTION OR
Hence, when an offender used evident
premeditation in killing the victim, it should IN THE CRIME MEANS EMPLOYED
affect and aggravate only his penalty, while when
Do not affect all the Have a direct bearing upon
the other offender applied passion and
participants in the crime, the criminal liability of the
obfuscation in the crime, only he will benefit in
but only those to whom defendants who had
mitigating his liability. (Reyes, 2012, p. 730)
they particularly apply. knowledge thereof at the
(3) From his private relations from the offended
time of the commission of
party;
the crime, or their
A, son of B, and C, father of B, inflicted slight
cooperation therein.
physical injuries on B. In this case, the alternative
circumstance of relationship as aggravating shall
be taken into account against A only, because he UNDER PARAGRAPH 5 OF ARTICLE 62:
is a relative of a lower degree than the offended
party, B. Relationship is mitigating as regards C, Habitual Deliquency, defined
he being a relative of a higher degree than the A person is a habitual delinquent if within a period of ten
offended party, B. (Reyes, 2012, p. 730) years from the date of his (last) release or last conviction
(4) Or from any other personal cause. of the crimes of (1) serious or less serious physical injuries,
A and B committed a crime. A was under 16 years (2) robo, (3) hurto, (4) estafa, or (5) falsificación, he is found
of age and B was a recidivist. (Reyes, 2012, p.730) guilty of any of said crimes a third time or oftener.
UNDER PARAGRAPH 4 OF ARTICLE 62: Requisites of habitual delinquency

The circumstances which consist in the following shall (1) That the offender had been convicted of any of the
serve to aggravate or mitigate the liability only of those crimes of:
persons who had knowledge of them at the time of the • Serious or less serious physical injuries,
execution of the act or their cooperation therein: • Robbery,
• Material execution of the act; or • Theft,
• When the offender was present and had knowledge • Estafa, or
of the treachery with which the crime was • Falsification.
committed by the other offenders, he is also liable for Note: The crimes are specified in habitual
murder, qualified by treachery. However, such delinquency. If not among those enumerated,
circumstance should not be considered against the offender cannot be a habitual delinquent even if he
principal by induction when he left to the principal was convicted for the third time.
by direct participation the means, modes or methods
of the commission of the felony. (Reyes, 2012, p. 731) (2) That after conviction or after serving his sentence, he
• The means employed to accomplish it again committed, and within 10 years from his last
• When the offender did not know that the other release of first conviction, he was again convicted of
offender employed an act not known by the former, any of the said crimes for the second time.

(3) That after his conviction of, or after serving sentence

Habitual Delinquency Recidivism
for the second offense, he again committed, and
within 10 years from his last release or last conviction, As to the CRIMES committed
he was again convicted of any of said offenses, the
third time or oftener. The crimes are specified It is sufficient that the
accused on the date of his
Computation of ten year period trial, shall have been
The law expressly mentions the defendant’s last conviction previously convicted by final
OR (last) release as the starting point from which the ten- judgment of another crime
year period should be counted. embraced in the same title.
If the starting point is only the date of the last conviction,
there will be a case where the offender cannot be As to the PERIOD of time the crimes are committed
considered a habitual delinquent.
The offender is found guilty No period of time between
within ten years from his the former conviction and
ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY:
last release or last the last conviction.
Upon 3rd conviction
conviction.
Culprit shall be sentenced to the penalty provided by law
for the last crime of which he is found guilty and to the As to the NUMBER of crimes committed
additional penalty of prision correccional in its medium
and maximum periods. The accused must be found The second offense is for an
guilty the third time or offense found in the same
Upon a 4th conviction oftener of the crimes title.
The culprit shall be sentenced to the additional penalty of specified.
prision mayor in its minimum and medium periods.
As to their EFFECTS
Upon 5th or additional conviction
If not offset by a mitigating If not offset by a mitigating
The culprit shall be sentenced to the additional penalty of
circumstance, it serves to circumstance, it serves to
prision mayor in its maximum period to reclusion
increase the penalty only to increase the penalty only to
temporal in its minimum period.
the maximum. AND an the maximum.
NOTE: total of the two penalties [(1) the penalty for the last
additional penalty is also
crime found guilty and (2) the additional penalty for being
imposed.
a habitual delinquent]. shall not exceed 30 years.
Reason for imposing additional penalty RULINGS ON HABITUAL DELINQUENCY

He is deemed to have shown a dangerous propensity to ! Ten year period computed either from last conviction
crimes. Hence, he is punished with a severer penalty for or last release.
committing any of those crimes the third time or oftener. ! Ten year period is counted not to the date of
commission of subsequent offense, but to the date of
Subsequent crime must be committed after conviction conviction thereof in relation to the date of his last
of former crime release or last conviction.
In order that an accused may be legally deemed a habitual ! When an offender has committed several crimes
criminal, it is necessary that he committed the second mentioned in the definition of habitual delinquent,
crime after his conviction of, or after service of the without being first convicted of any of them before
sentence for, the first crime; that he committed the third committing the others, he is not a habitual
crime after his conviction of, or after the service of delinquent.
sentence for the second crime and so on. (Reyes, 2012) ! Convictions on the same day or about the same time
are considered as one only.
Recidivist, defined ! Crimes committed on the same date, although
A recidivist is one who at the time of his trial for one crime, convictions on different dates are considered only
shall have been previously convicted by final judgment of one.
another crime embraced in the same title of this Code. ! Previous convictions are considered every time a new
offense is committed.
! The commission of any of those crimes need not be
consummated.

! Habitual delinquency applies to accomplices and

One aggravating only Greater Penalty
accessories.
! The imposition of the additional penalty prescribed No mitigating nor Lesser penalty
by law is mandatory.
aggravating
! Modifying circumstances applicable to additional
penalty. One mitigating only Lesser penalty
! Habitual delinquency is not a crime but simply a fact
or circumstance which gives rise to the imposition of Mitigating and aggravating Courts allow them to
additional penalties. offset one another
! Penalty for habitual delinquency is a real penalty that
determines jurisdiction.
WHEN ARTICLE 63 NOT APPLIED
! A habitual delinquent is necessarily a recidivist. But a
Article 63 does not apply when the penalty prescribed by
convict can be a habitual delinquent without being a
the Code is reclusion temporal in its maximum period to
recidivist when no two of the crimes committed are
death, because although the penalty includes the two
embraced in the same title of the RPC.
indivisible penalties of death and reclusion perpetua, it has
! But in imposing the additional penalty, recidivism is
three periods; namely, the minimum (reclusion temporal
not aggravating because inasmuch as recidivism is a
maximum), medium (reclusion perpetua) and maximum
qualifying or inherent circumstance in habitual
(death). Hence, in that case, Article 64 shall apply.
delinquency, it cannot be considered an aggravating
circumstance at the same time. (Reyes, 2012, 739-744)
GENERAL RULE: When the penalty is composed of two
indivisible penalties, the penalty cannot be lowered by
IMPOSABLE PENALTY, DEFINED
one degree, no matter how many ordinary mitigating
The penalty that will be imposed after applying the RPC
circumstances are present.
and ISL.
EXCEPTION: When a privileged mitigating circumstance

PRESCRIBED PENALTY, DEFINED
under Article 68 or Article 69 is present.
The penalty prescribed by the RPC after considering the
mitigating and aggravating circumstances.
WHEN ARTICLE 64 IS APPLIED
It is applied when the penalty prescribed by law for the
OUTLINE OF THE RULES UNDER ARTICLE 63
offense is reclusion temporal, prision mayor, prision
correccional, arresto mayor, arresto menor, or prision
(1) When the penalty is single indivisible, it shall be applied
correccional to reclusion temporal because they are
regardless of any mitigating (except if privileged
divisible into three periods; namely, minimum, medium
mitigating) or aggravating circumstances.
and maximum.
(2) When the penalty is composed of two indivisible

WHEN 64 NOT APPLICABLE
penalties, the following rules shall be observed:
It does not apply to (1) indivisible penalties, (2) penalties
A. When there is only one aggravating
prescribed by special laws, and (3) fines.
circumstance, the greater penalty shall be
imposed.
B. When there is neither mitigating nor aggravating OUTLINE OF THE RULES
circumstances, the lesser penalty shall be
imposed. (1) No aggravating and no mitigating
C. When there is a mitigating circumstance and no Medium period.
aggravating circumstance, the lesser penalty (2) Only mitigating
shall be imposed. Minimum period.
D. When both mitigating and aggravating (3) Only aggravating
circumstances are present, the court shall allow Maximum period.
them to offset one another. (4) Where there are aggravating and mitigating
The court shall offset those of one class against the other
Note: Moral value, not numerical weight, of according to their relative weight.
circumstances should prevail under (d). (5) Two or more mitigating and no aggravating
Penalty next lower, in the period applicable, according to
the number and nature of such circumstances

(6) If there are three mitigating circumstances but two case of imprisonment imposed in relation to a
aggravating circumstances divisible penalty.
The court shall offset those of one class against the other ! Wealth or means of culprit is the main consideration
according to their relative weight. in the imposition of fines because a fixed amount of
(7) No penalty greater than the maximum period of the fine for all offenders of a particular crime, will result
penalty prescribed by law shall be imposed, no matter how in an inequality.
many aggravating circumstances are present. ! Where a person found guilty is a man of standing or
(8) The court can determine the extent of the penalty station in the community, the maximum penalty
within the limits of each period, according to the number should be imposed.
and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the evil WHEN ARTICLE 67 IS APPLIED
produced by the crime. ! It applies only when all the requisites of the
exempting circumstance of accident are not present.
MEANING OF THE RULE UNDER ARTICLE 65 The following conditions are necessary to exempt
• Compute and determine the first three periods of the from liability under Subsection 4 of Article 12:
entire penalty. (1) That the act causing the injury be lawful; that is,
permitted not only by law but also by regulations.
• The time included in the penalty prescribed should be
(2) That it be performed with due care;
divided into three equal portions, after subtracting the
(3) That the injury be caused by mere accident, by an
minimum (eliminate the 1 day) of the given penalty.
unforeseen event.
• The minimum of the minimum period should be the
(4) That there be no fault or intention to cause injury.
minimum of the given penalty (including the 1 day).
! If not all the conditions necessary to exempt from
• The quotient should be added to the minimum
liability under art 12 (4) are present, the act should be
prescribed (eliminate the 1 day) and the total will
considered as:
represent the maximum of the minimum period. Take
Reckless imprudence if the act is executed
the maximum of the minimum period, add 1 day and
without taking those precautions or measures
make it the minimum of the medium period; then add
which the most common prudence would
the quotient to the minimum (eliminate the 1 day) of
require; and
the medium period and the total will represent the
Simple imprudence if it is a mere lack of
maximum of the medium period. Take the maximum of
precaution in those cases where either the
the medium period, add 1 day and make it the minimum
2threatened harm is not imminent or the danger
of the maximum period; then add the quotient to the
is not openly visible.
minimum (eliminate the 1 day) of the maximum period
! The penalty provided in Article 67 is the same as that
and the total will represent the maximum of the
in Article 365.
maximum period.
OUTLINE OF THE PROVISIONS UNDER ARTICLE 66 Penalty to be imposed when the crime committed is not
(1) The court can fix any amount of the fine within the wholly excusable under article 69
Lower by one or two degrees than that prescribed by law.
limits established by law.
(2) The court must consider:
WHEN ARTICLE 69 IS APPLIED
A. The mitigating and aggravating circumstances;
B. More particularly, the wealth or means of the • When there is a lack of some of the conditions
culprit. required to justify the deed or to exempt from
criminal liability in the several cases mentioned in
(3) The court may also consider:
A. The gravity of the crime committed; Arts. 11 and 12; PROVIDED THAT, majority of such
B. The heinousness of its perpetration; and conditions be present.
C. The magnitude of its effect on the offender’s • When two of the essential requisites for justification
victim. (People vs. Manuel, 1957) are present, the penalty lower by two degrees may
be imposed. Where only unlawful aggression is
! When the minimum of the fine is not fixed by law, the present, the penalty next lower may be imposed.
determination of the amount of fine is left to the • When the majority of the requisites of self-defense
sound discretion of the court, provided it shall not and two mitigating circumstance without
exceed the maximum authorized by law. aggravating circumstances are present, the penalty
! The courts are not bound to divide the amount of fine is three degrees lower.
prescribed by law into three equal portions as in the
OUTLINE OF THE PROVISIONS OF ARTICLE 70 INDETERMINATE SENTENCE LAW (ISL)

(1) When the culprit has to serve two or more penalties,
Act No. 4103 as amended by Act No. 4225
he shall serve them simultaneously if the nature of the
CONCEPT OF INDETERMINATE SENTENCE - is a
penalties will so permit.
sentence with a minimum term and a maximum term
(2) Otherwise, the order of their severity (under this
which, the court is mandated to impose for the benefit of
article) shall be followed.
a guilty person who is not disqualified therefore, when the
(3) The respective severity of the penalties is as follows:
maximum imprisonment exceeds one (1) year. It applies to
A. Death,
both violations of Revised Penal Code and special laws.
B. Reclusion perpetua,
C. Reclusion temporal,
In sentencing a convict, there is a need for specifying the
D. Prision mayor,
minimum and maximum periods of the indeterminate
E. Prision correccional,
sentence. It is to prevent the unnecessary and excessive
F. Arresto mayor,
deprivation of liberty and to enhance the economic
G. Arresto menor,
usefulness of the accused, since he may be exempted from
H. Destierro,
serving the entire sentence, depending upon his behavior
I. Perpetual absolute disqualification,
and his physical, mental and moral record. The
J. Temporary absolute disqualification,
requirement of imposing an indeterminate sentence in all
K. Suspension from public office, the right to vote
criminal offenses whether punishable by the RPC or by
and be voted for, the right to follow a profession
special laws, with definite minimum and maximum terms,
or calling, and
as the court deems proper within the legal range of the
L. Public censure.
penalty specific by the law, must be deemed mandatory.
PENALTIES WHICH MAY BE SIMULTANEOUSLY

SENTENCE IN THE ISL
SERVED ARE THE FOLLOWING:
If the penalty is imposed If the penalty is imposed
- Perpetual absolute disqualification,
by the RPC by Special Penal Laws
- Perpetual special disqualification,
- Temporary absolute disqualification, Maximum Term
- Temporary special disqualification, That which could be Must not exceed the
- Suspension, properly imposed under maximum term fixed by
- Destierro, the RPC, considering the said law.
- Public censure, aggravating and
- Fine and bond to keep the peace, mitigating circumstances
- Civil interdiction, and Minimum term
- Confiscation and payment of costs. Within the range of the Must not be less than the
penalty one degree lower minimum term prescribed
! The above-listed penalties can be simultaneously than that prescribed by by the same.
served with imprisonment except for destierro. the RPC, without
! If the sum total of all the penalties does NOT exceed considering the Note: For special laws, it is
the most severe of all the penalties multiplied by circumstances anything within the
three, the three-fold rule does NOT apply. inclusive range of the
Note: BUT when there is a prescribed penalty.
ORDER OF RESPECTIVE SEVERITY OF PENALTIES privileged mitigating Courts are given
circumstance, so that the discretion in the
SHALL BE FOLLOWED
penalty has to be lowered imposition of the
Thus, where the convict was sentenced on different dates,
by one degree, the indeterminate penalty.
it was held that he should serve the two terms successively
STARTING POINT for The aggravating and
and the time of the second sentence did not commence to
determining the minimum mitigating circumstances
run until the expiration of the first.
term of the indeterminate are not considered unless
penalty is the penalty next the special law adopts the
Imprisonment must be served before destierro. Arresto
lower than that same terminology for
menor is more severe than destierro.
prescribed by the Code penalties as those used in
for the offense. the RPC (such as reclusion
perpetua and the like)

The modifying circumstances are considered only in the Individual X is convicted of illegal possession of firearms,
imposition of the maximum term of the indeterminate which is punishable by 1 year and 1 day to 5 years of
sentence. They are NOT considered in fixing the minimum imprisonment.
• Maximum term – shall not exceed 5 years as fixed
WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: by law.
(1) Those sentenced to death penalty, reclusion • Minimum term – shall not be less than the
perpetua, or life imprisonment; minimum of 1 year and 1 day prescribed by said law.
(2) Those convicted of treason, or conspiracy or Release of the prisoner on parole
proposal to commit treason; The Boards of Pardons and Parole may authorize the
(3) Those convicted of misprision of treason, release of a prisoner on parole, after he shall have served
rebellion, sedition or espionage; the minimum penalty imposed on him, PROVIDED that:
(4) Those convicted of piracy; (1) Such prisoner is fitted by his training for release;
(5) Habitual delinquents; (2) There is reasonable probability that he will live
(6) Those who have escaped from confinement as a and remain at liberty without violating the law
prisoner, or evaded sentence; (3) Such release will not be incompatible with the
(7) Those granted with conditional pardon by the welfare of society.
president, but subsequently violated the terms
thereof; Entitlement to final release and discharge
(8) Those with a maximum term of imprisonment If during the period of surveillance, such paroled prisoner
actually imposed does not exceed 1 year; shall:
(9) Those sentenced to the penalty of destierro or (1) Show himself to be law-abiding citizen; and
suspension only. (2) Shall not violate any law.
The board may issue a final certification in his favor of his
ILLUSTRATION OF APPLICATION OF THE final release and discharge.
INDETERMINATE SENTENCE LAW
Sanction for violation of condition of the parole
Under the Revised Penal Code: When the paroled prisoner shall violate any of the
A penalty of reclusion temporal was imposed upon the conditions of his parole:
individual X for committing homicide. (1) The board may issue an order for his arrest; and
There is a mitigating or aggravating circumstance thereafter,
• Maximum term – reclusion temporal which (2) The prisoner shall serve the remaining unexpired
should be imposed in the medium period. [Art 64 portion of the maximum sentence for which he
par. 1] was originally committed to prison.
• Minimum term – anywhere within the range of
prision mayor the penalty next lower from
reclusion temporal.
THREE-FOLD RULE
There is one ordinary mitigating circumstance (3–4–40)
• Maximum term - reclusion temporal, in its
minimum period, after considering the mitigating If the convict is to serve 4 or more sentences successively,
circumstance. observe the following rules —
• Minimum term- anywhere within the range of (1) The maximum duration of the convict’s sentence shall
prision mayor without reference to any of its NOT be more than 3 times the length of the time
periods. corresponding to the most severe of the penalties
There is one aggravating circumstance imposed upon him.
• Maximum term – reclusion temporal in its (2) In no case will such maximum duration exceed 40
maximum period after considering the aggravating years
circumstance. NOTE: The law has limited the duration of the
• Minimum term anywhere within the range of maximum term of imprisonment to not more than 40
prision mayor without reference to any of its years, hence the accused will have to suffer 40 years
periods. only.
(3) This rule shall apply only when the convict is to
Under special law/s: serve at least four or more sentences successively or

the sum total of all the penalties exceed the most transmutation of the amount of a fine into a term of
severe one multiplied by 3. imprisonment. (People vs. Dacuycuy, 1989)
(4) Subsidiary penalty forms part of the penalty. ! Subsidiary penalty is NOT AN ACCESSORY PENALTY,
NOTE: The imposition of three-fold maximum hence it must be SPECIFICALLY imposed by the court
penalty under Article 70 does not preclude subsidiary in its judgment. Therefore, the culprit cannot be made
imprisonment for failure to pay a fine. to undergo subsidiary imprisonment unless the
judgment expressly so provides. (People v. Fajardo)
The rule is to multiply the highest penalty by 3 and the
result will be the aggregate principal penalty which Rules as to subsidiary liability in RPC
the prisoner has to serve, plus the payment of all
indemnities with or without subsidiary PENALTY IMPOSED SUBSIDIARY PENALTY
imprisonment, provided the principal penalty does 1. Prision Subsidiary imprisonment is
not exceed six years. correccional or not to exceed 1/3 of the term
arresto AND fine of the sentence, and in no
NOTE: If the sum total of all the penalties does not exceed case is it to continue for more
the most severe of all the penalties, multiplied by 3, then than one year. A fraction or a
the 3-fold rule does NOT apply. part of a day is not counted.
2. Fine only Subsidiary imprisonment:
The 3-fold rule applies only when the convict has to serve a. Not to exceed 6 months if
continuous imprisonment for several offenses. If the the culprit is prosecuted for a
convict already served sentence for one offense, that grave or less grave felony, and
imprisonment will NOT be considered. b. Not to exceed 15 days if
prosecuted for a light felony.
Example: 3. Higher than No subsidiary imprisonment.
X is sentenced to suffer 14 years, 8 month, and 1 day for prision correccional
homicide; 17 years, 4 months and 1 day in another case; 14 4. If the penalty Subsidiary penalty shall
years and 8 months in a third case, and 12 years in a fourth imposed is not to be consist in the same
case. The total is 59 years, 8 months and 2 days. The most deprivation as those of the
executed by
severe of those penalties is 17 years, 4 months and 1 day. principal penalty, under the
confinement, but of
Three times that penalty is 52 years and 3 days. But since same rules as No. 1, 2 and 3
fixed duration with
the law has limited the duration of the maximum term of above.
fine.
imprisonment to not more than 40 years, the accused will
have to suffer 40 years only.
! In case the financial circumstances of the convict
should improve, he shall pay the fine, notwithstanding
SUBSIDIARY IMPRISONMENT
the fact that the convict suffered subsidiary personal
liability therefore.
SUBSIDIARY PENALTY, DEFINED ! When the penalty prescribed for the offense is
imprisonment, it is the penalty actually imposed by
It is a subsidiary personal liability to be suffered by the the Court, not the penalty provided for by the Code,
convict who has no property with which to meet the fine, which should be considered in determining whether
at the rate of one day for each eight pesos (P8.00), subject or not subsidiary penalty should be imposed.
to the rules provided for in Art. 39. ! R.A. 10159 has already amended Art. 39 of the RPC. It
now provides minimum wage rate of the region,
! Subsidiary penalty shall be proper only if the accused instead of P8.00.
has no property with which to pay the fine and not as
a matter of choice on his part by opting to go to jail RULES AS TO SUBSIDIARY LIABILITY IN SPECIAL
instead of paying. LAWS (ACT. 1732 OF PHILIPPINE COMMISSION)
! There is no subsidiary penalty for nonpayment of: (1) PENALTY SUBSIDIARY PENALTY
the reparation of the damage caused; (2) IMPOSED
indemnification of consequential damages; and (3) the Fine only Subsidiary liability shall not exceed
costs of the proceedings. (Ramos vs. Gonong) 6 months, at the rate of one day of
! A fine, whether imposed as a single or as an imprisonment for every P2.50.
alternative penalty, should not and cannot be reduced
or converted into a prison term. There is no rule for
Fine and The subsidiary penalty shall not

imprisonment exceed 1/3 of the term of RULES FOR GRADUATING PENALTIES IN RULE 61
imprisonment, and in no case shall According to Article 46, the penalty prescribed by law in
it exceed 1 year. general terms shall be imposed upon the principal in a
Violation of The rate is one day for every P1.00, consummated felony. According to Articles 50-57, the
any municipal until the fine is satisfied, provided, penalty prescribed by law for the felony shall be lowered
ordinance or that the total subsidiary by one or two degrees, as follows:
ordinance of imprisonment does not exceed 6
the City of months, if the penalty imposed is For the principal in frustrated felony
Manila fine alone, and not more than 1/3 of One degree lower;
the principal penalty, if it is imposed
together with imprisonment. For the principal in attempted felony
Two degrees lower;
No subsidiary penalty shall be imposed where:
(1) The penalty imposed is higher than prision For the accomplice in consummated felony
correccional or 6 years; One degree lower;
Additional penalty for habitual delinquency should be For the accessory in consummated felony
included in determining whether or not subsidiary Two degrees lower;
penalty should be imposed.
(2) For nonpayment of reparation of the damage caused,
indemnification of consequential damages and the DIAGRAM OF THE APPLICATION OF ARTS. 50-57
cost of the proceedings;
(3) Where the penalty imposed is a fine and another
Consummated Frustrated Attempted
penalty without fixed duration, like censure; and
(4) The subsidiary penalty, through properly imposable is
Principal 0 1 2
not expressly stated in the judgment.
Note: The rules on subsidiary penalty in Art. 39 are Accomplice 1 2 3
applicable to crimes punishable by special laws by
force of Article 10 of this Code. Accessory 2 3 4
GRADUATION OF PENALTIES In this diagram, “0” represents the penalty prescribed by

law in defining a crime, which is to be imposed on the
RULES FOR APPLICATION OF PENALTIES TO THE principal in a consummated offense, in accordance with
PERSONS CRIMINALLY LIABLE AND FOR THE the provisions of Art. 46. The other figures represent the
GRADUATION OF THE SAME degrees to which the penalty must be lowered, to meet the
different situations anticipated by law.
GENERAL RULE: The penalty prescribed by law in
general terms shall be imposed upon the principals for a Bases for the determination of the extent of penalty to
consummated felony. be imposed under the RPC:
Stage reached by the crime in its development (attempted,
EXCEPTION: When the penalty to be imposed upon the frustrated or consummated).
principal in a frustrated or attempted felony is fixed by Participations therein of the persons liable.
law. Aggravating or mitigating circumstances which attended
the commission of the crime.
GRADUATION OF PENALTIES
By degrees – refers to: DEGREE, DEFINED
Stages of execution (consummated, frustrated, or One unit of the penalties enumerated in the graduated
attempted); and scales provided for in Art. 71.
Degree of the criminal participation of the offender When there is mitigating or aggravating circumstance, the
(whether as principal, accomplice or accessory). penalty is lowered or increased by period only;
By periods
Refers to the proper period of the penalty which PERIOD, DEFINED
should be imposed when aggravating or mitigating One of the three equal portions, called minimum, medium
circumstances attend the commission of the crime. and maximum, of a divisible penalty.
EXCEPTIONS TO THE RULES ESTABLISHED IN If the penalty prescribed by the Code consists of two
ARTICLES 50-57 (ARTICLE 60) periods, the penalty next lower in degree is the penalty
consisting in the three periods down in the scale;
Articles 50 to 57 shall NOT apply to cases where the law If the penalty prescribed by the code consists of only one
expressly prescribes the penalty for a frustrated or period, the penalty next lower in degree is the next period
attempted felony, or to be imposed upon accomplices or down in the scale.
accessories. [Art. 60] MITIGATING AND AGGRAVATING CIRCUMSTANCES
ARE DISREGARDED IN THE APPLICATION OF THE
GENERAL RULE: An accomplice is punished by a penalty RULES FOR GRADUATING PENALTIES
one degree lower than the penalty imposed upon the ! It will be noted that each paragraph of Article 61
principal. begins with the phrase, “when the penalty prescribed
for the felony” or “crime”. Hence, in lowering the
EXCEPTIONS: The following accomplices are punished penalty, the penalty prescribed by the Revised Penal
with the same penalty imposed upon the principal: Code for the crime is the basis, without regard to the
The ascendants, guardians, curators, teachers, and any mitigating or aggravating circumstance which
person who by abuse of authority or confidential attended the commission of the crime.
relationship, shall cooperate as accomplices in the crime ! It is only after the penalty next lower in degree is
of rape, acts of lasciviousness, seduction, corruptions of already determined that the mitigating and/or
minors, white slave trade or abduction [Art. 346]; and aggravating circumstances should be considered.
One who furnished the place for the perpetration of the
crime of slight illegal detention. (Art. 268, RPC) APPLY ARTICLE 71 IN DETERMINING THE PROPER
DEGREE WHERE THE LAW PRESCRIBES A PENALTY
ILLUSTRATION OF THE RULES LOWER OR HIGHER BY TWO OR MORE DEGREES THAN
FIRST RULE ANOTHER GIVEN PENALTY
When penalty prescribed is single and indivisible such as SCALE NO. 1 SCALE NO. 2
that found in Scale No. 1 of Article 71, the penalty (1) Death (1) Perpetual absolute
immediately following reclusion perpetua (for the crime of (2) Reclusion perpetua disqualification
kidnapping and failure to return a minor) is reclusion (3) Reclusion temporal (2) Temporary absolute
temporal. The penalty next lower in degree, therefore, is (4) Prision mayor disqualification
reclusion temporal. (5) Prision correccional (3) Suspension from
(6) Arresto mayor public office, the right to
SECOND RULE (7) Destierro vote and be voted for, and
One divisible penalty to be imposed to its full extent is (8) Arresto menor the right to follow a
reclusion temporal; and two divisible penalties to be (9) Public censure profession or calling
imposed to their full extent are prision correccional to (10) Fine (4) Public censure
prision mayor. The penalty immediately following the Fine
divisible penalty of reclusion temporal in Scale No. 1 of All personal penalties All penalties consisting in
Article 71 is prision mayor; and the penalty immediately such as deprivation of deprivation of political
following the lesser of the penalties of prision correccional life and liberty are rights are grouped
to prision mayor is arresto mayor. grouped together. together.
THIRD RULE DEATH IN THE GRADUATED SCALES

When the penalty prescribed is composed of two (1) Since R.A. No. 9346 unequivocally bars the application
indivisible penalties and one divisible penalty in its of the death penalty, as well as expressly repeals all
maximum period – the penalty next lower in degree shall such statutory provisions requiring the application of
be composed of the medium and minimum of the proper the death penalty, such effect necessarily extends to
divisible penalty and the maximum of the penalty its relevance to the graduated scale of penalties under
immediately following in the graduated scale; Article 71.
(2) Henceforth, “death”, as utilized in Article 71 of the
SIMPLIFIED RULES FOR FOURTH AND FIFTH RULE Revised Penal Code, shall no longer form part of the
If the penalty prescribed by the code consists in three equation in the graduation of the penalties. (People vs.
periods, corresponding to different divisible penalties, the Bon, 2006)
penalty next lower in degrees is the penalty consisting in
the three periods down in the scale;
DESTIERRO NEXT IN DEGREE FROM ARRESTOR

The different
MAYOR penalties
• The scale of penalties in Article 71 which places provided for in
destierro below arresto mayor cannot be Article 25 are
disregarded and the respective severities of arresto classified and
mayor and destierro must not be judged by the grouped into two
duration of each of these penalties, but by the degree graduated
of deprivation of liberty involved. The penalty next scales.
lower in degree from arresto mayor is destierro. (Uy
Chin Hua vs. Dinglasan)
• Destierro, although a correctional penalty consisting ACCESSORY PENALTIES
in banishment with a duration of 6 months and 1 day
to 6 years is considered not higher than arresto EFFECT OF ACCESSORY PENALTIES
mayor which is imprisonment of 1 month and 1 day to
Perpetual or Temporary Absolute Disqualification
6 months.
(Art. 30)
• Under B.P. Blg. 129, MTCs shall exercise exclusive
(1) The deprivation of the public offices and
original jurisdiction over all offenses punishable with
employments which the offender may have held
imprisonment not exceeding 6 years irrespective of
even if conferred by popular election
the amount of fine, etc.
(2) The deprivation of the right to vote in any
election for any popular office or to be elected to
ARTICLES 25, 70 AND 71, COMPARED
such office
(3) The disqualification for the offices or public
ARTICLE 25 ARTICLE 70 ARTICLE 71 employments and for the exercise of any of the
rights mentioned
Penalties are Penalties are Provides for the (4) The loss of all rights to retirement pay or other
classified into classified for the scales which pension for any office formerly held
principal and purpose of the should be Perpetual or Temporary Special Disqualification
accessory successive observed in (Art. 31, 32)
penalties. The service of graduating the
Perpetual or temporal special disqualification for
principal sentences penalties by
public office, profession or calling —
penalties are according to degrees in
(1) The deprivation of the office, employment,
subdivided into their severity. accordance with
profession or calling affected
capital, afflictive, Article 61.
(2) The disqualification for holding similar offices or
correctional and
employments either perpetually or during the
light.
term of the sentence according to the extent of
such disqualification
Destierro is Destierro is Destierro is
placed above placed under placed above
Perpetual or temporary special disqualification for the
arresto menor, arresto menor arresto menor.
exercise of the right of suffrage —
because it is according to Reason for which
(1) The deprivation of the offender perpetually or
classified as a their respective is that destierro
during the term of the sentence, according to the
correctional severity. being classified
nature of said penalty, of the right to vote in any
penalty. Destierro is as a correctional
popular election for any public office or to be
considered penalty is higher
elected to such office
lighter than than arresto
(2) The offender shall not be permitted to hold any
arresto menor. menor, a light
public office during the period of his
This speaks of penalty. This
disqualification
severity. speaks of lower
or higher. Suspension (Art. 33)
(1) The offender is disqualified from holding such
office or exercising such profession or calling or
right of suffrage during the term of the sentence.

(2) The person suspended from holding public office Perpetual special disqualification from suffrage, unless
shall not hold another having similar functions expressly remitted in the pardon of the principal penalty.
during the period of his suspension
Civil Interdiction (Art. 34) (4) Prision correccional
The offender, during the time of his sentence, is A. Suspension from public office, profession or
deprived of — calling; and
(1) The rights of parental authority, or guardianship, B. Perpetual special disqualification from suffrage,
either as to the person or property of any ward, if the duration of imprisonment exceeds 18
(2) Marital authority months, unless expressly remitted in the pardon
(3) The right to manage his property of the principal penalty.
(4) The right to dispose of such property by any act Note: There is a perpetual special
or any conveyance inter vivos disqualification from suffrage, only when the
Indemnification duration of the imprisonment exceeds 18
Includes the consequential damage caused the injured months.
party and those suffered by his family or by a third
person by reason of the crime. (5) Arresto
Confiscation and Forfeiture of the Proceeds or Suspension of the right to hold office and the right of
Instruments of the Crime suffrage during the term of the sentence.
Forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed Note: The code does NOT provide for any accessory
penalty for destierro.
NOTE: Every penalty imposed for the commission of a
felony shall carry with it the accessory penalty of Distinguish reclusion perpetua from life imprisonment
forfeiture or confiscation. Such proceeds and Reclusion Perpetua Life Imprisonment
instruments or tools shall be confiscated and forfeited
in favor of the Government, unless they be property of Has a specific duration of 20 Has no definite term.
a third person not liable for the offense, but those years and 1 day to 40 years.
articles which are not subject of lawful commerce shall
be destroyed. Imposable on felonies Imposable on crimes
PAYMENT OF COSTS punished by the RPC. punishable by special
Includes fees and indemnities in the course of the laws.
judicial proceedings — whether they be fixed or
Carries with it accessory Does not carry with it
unalterable amounts previously determined by law or
penalties. accessory penalties.
regulations in force, or amounts not subject to
schedule.
OUTLINE OF THE PROVISION OF ARTICLE 45 ON
OUTLINE OF ACCESSORY PENALTIES INHERENT IN CONFISCATION AND FORFEITURE OF THE PROCEEDS
PRINCIPAL PENALTIES UNDER ARTICLE 40 TO 44 OR INSTRUMENTS OF THE CRIME
(1) Every penalty imposed carries with it the
(1) Death, when not executed by reason of commutation forfeiture of the proceeds of the crime and the
or pardon instruments or tools used in the commission of
A. Perpetual absolute disqualification; and the crime. (There can be no forfeiture when
B. Civil interdiction during 30 years, if not expressly there is no criminal case filed.)
remitted in the pardon. (2) The proceeds and instruments or tools of the
crime are confiscated and forfeited in favor of
(2) Reclusion perpetua and reclusion temporal the Government.
A. Civil interdiction for life or during the sentence; (3) Property of a third person not liable for the
offense is not subject to confiscation and
and
forfeiture.
B. Perpetual absolute disqualification, unless
(4) Property not subject of lawful commerce,
expressly remitted in the pardon of the principal
whether it belongs to the accused or to third
penalty.
person, shall be destroyed.
(3) Prision mayor

Temporary absolute disqualification; and
When provisions of Article 45 cannot apply (1) Civil liability is satisfied by following the chronological
(1) The instruments belonging to innocent third order of the dates of the final judgment.
parties; (2) While criminal liability is satisfied by successive
(2) Such properties which have not been placed service of sentences in the order of respective
under the jurisdiction of the court because they severity (Art. 70), civil liability is satisfied by the
must be presented in evidence and identified in following the chronological order of the dates of the
judgment; and final judgment.
(3) The provisions of Article 45 also cannot apply
when its application is legally or physically When applied
impossible. This applies when the offender who is found guilty of two
NOTE: This accessory penalty presupposes a judgment or more offenses is required to pay the corresponding civil
of conviction. However, even if the accused is acquitted liabilities resulting from different offenses.
on reasonable doubt, but the instruments or proceeds
are not the subject of lawful commerce, the judgment of Presumption in regard to the imposition of accessory
acquittal shall order the forfeiture for appropriate penalties under article 73
disposition. ! Accessory penalties are also deemed imposed upon
the convict without the necessity of making an
COMPUTATION OF PENALTIES express announcement of their imposition.
! However, subsidiary imprisonment is not an
RULES FOR THE COMPUTATION OF PENALTIES (TO BE accessory penalty and therefore, the judgment of
DONE BY the DIRECTOR OF PRISONS OR WARDEN) conviction must expressly state that the offender
• When the offender is in prison – the duration of shall suffer subsidiary imprisonment in case of
temporary penalties starts from the day the insolvency. (People vs. Fajardo)
judgment of conviction becomes final.
• Applies in cases of temporary penalties and the Penalty higher than reclusion perpetua in certain cases
offender is under detention (under preventive under article 74
imprisonment) ! The penalty higher than reclusion perpetua, when
• When the offender is not in prison – the duration of death is not provided by law shall be the same penalty
penalties consisting in deprivation of liberty, starts and the accessory penalties of Article 40.
from the day that the offender is placed at the ! Furthermore, the penalty of death must be
disposal of judicial authorities for the enforcement of specifically imposed by law as a penalty for a given
the penalty. crime.
• Applies in cases of penalties consisting in deprivation
of liberty and the offender is not in prison. HOW APPLIED
• The duration of other penalties – the duration starts The Code has meant to say here that the judgment should
from the day on which the offender commences to provide that the convict should not be given the benefit of
serve his sentence. Applies in cases of: Article 27 until 40 years have elapsed; otherwise, there
o Penalties consisting in deprivation of liberty would be no difference at all between reclusion perpetua
and the offender are undergoing preventive when imposed as the penalty next higher in degree and
imprisonment; but the offender is entitled to a when it is imposed as the penalty fixed by law. In this
deduction of the entirety of the time spent in opinion, the given penalty is reclusion perpetua. (Reyes,
detention (should the detention prisoner 2012)
agree, in writing and with counsel, to abide by
the same disciplinary rules imposed upon Increasing or reducing the penalty of fine by one or more
convicted prisoners) or 4/5ths of the time of his degrees
detention (should the detention prisoner not When necessary, the penalty of fine shall be increased or
agree to the same, also in writing and with reduced for each degree, by ¼ of the maximum amount
counsel). prescribed by law, without however, changing the
o Temporary penalties and the offender is not minimum.
under detention because the offender is
released on bail. Fines are graduated into degrees for the accomplices and
accessories and for the principals in frustrated and
Preference in the payment of the civil liability under attempted felonies.
Article 72
Distinction between fine with a minimum and fine EXECUTION AND SERVICE
without a minimum:
• In both, the law fixes the maximum of the fine. WHEN AND HOW PENALTY IS TO BE EXECUTED
• When the law fixes the minimum of the fine, the UNDER ARTICLE 78
court cannot change the minimum; whereas, when ! Only penalties by final judgment can be executed.
the law does not state the minimum of the fine but Paragraph 1 of the Article provides that no penalty
only the maximum, the court can impose any shall be executed except by virtue of a final judgment.
amount not exceeding such maximum. ! It shall be executed in accordance to the form
• When the law fixes both the minimum and the prescribed by law and with any circumstances or
maximum, the court can impose an amount higher incidents expressly authorized thereby.
than the maximum; whereas, when only the
maximum is fixed, it cannot impose an amount SUSPENSION OF THE EXECUTION AND SERVICE OF
higher than the maximum. THE PENALTIES IN CASE OF INSANITY UNDER
ARTICLE 79
Period Degree
GUIDELINES:
Each of the three equal The diverse penalties (1) When a convict becomes insane or imbecile after
parts of a divisible penalty. mentioned by name in the the final sentence has been pronounced, the
Revised Penal Code. execution of such sentence is suspended only as
regards the personal penalty.
Complex penalty, defined (2) In the event that the offender has recovered
reason, his sentence shall be executed unless the
A penalty prescribed by law composed of three distinct
penalty has prescribed.
penalties, each forming a period; the lightest of them shall
(3) The above provisions shall be observed even if
be the minimum, the next the medium, and the most
the convict only becomes insane or imbecile
severe, the maximum period.
while serving his sentence.
(4) The obligation to pay his civil liability or
When the penalty is composed of three distinct penalties
pecuniary liabilities shall not be suspended.
When the law prescribes a penalty composed of three
distinct penalties, each one shall form a period.
The provisions of Article 80 of the Revised Penal Code have
been repealed by P.D. 603 (The Child and Youth Welfare
PECUNIARY LIABILITIES UNDER ARTICLE 38
Code) and by the provisions of R.A. 9344 or the Juvenile
Justice & Welfare Code.
Pecuniary liabilities in the following order:
• Civil
Youthful offender, defined
A. The reparation of the damage caused.
A child, 15 years of age or below is exempt from criminal
B. Indemnification of the consequential damages
liability. If the child is over 15 but less than 18 years of age,
• Pecuniary
he is likewise exempt from criminal liability unless the
• Fine
child acted with discernment.
• Costs of proceedings.
GUIDELINES:
When article 38 is applied (1) If the court finds that the youthful offender
It is applicable in case the property of the offender should committed the crime charged against him, it shall
not be sufficient for the payment of all his pecuniary determine the imposable penalty and the civil liability
liabilities. The order of payment is provided in this article. chargeable against him.
(2) The court may not pronounce judgment of conviction
Hence, if the offender has sufficient or no property, there but instead, suspend all further proceedings.
is no use for Article 38. (3) The youthful offender shall be returned to the
committing court for the pronouncement of
judgment, when the youthful offender: (1) has been
found incorrigible, or (2) has wilfully failed to comply
with the conditions of his rehabilitation programs; or
(3) when his continued stay in the training institution
would be inadvisable.
(4) When the youthful offender has reached the age of PROBATION LAW OF 1976: P.D. 968, as amended
eighteen (18) while in commitment, the court shall Probation, defined
determine whether: Disposition under which a defendant, after conviction
A. To dismiss the case, if the youthful offender and sentence, is released subject to conditions imposed
has behaved properly and has shown his by the court and to the supervision of a probation
capability to be a useful member of the officer.
community; or CONCEPT
B. To pronounce the judgment of conviction if the Probation is NOT an absolute right. It is a mere privilege
above mentioned conditions were not met. which rests upon the discretion of the trial court. Its
(5) Considering the latter case, the convicted offender grant is subject to certain terms and conditions that
may apply for probation and the youthful offender may be imposed by the trial court. Having the power to
shall be credited in the service of his sentence with grant the probation, it follows that the trial court also
the full time spent in actual commitment and has the power to order its revocation in a proper case
detention. and under proper circumstances.
(6) The final release of a youthful offender, based on good
conduct as provided in Art. 196 shall not obliterate his APPLICATION
civil liability for damages. ! This shall apply to all offenders except those
entitled to benefits under PD 603 and similar laws.
! May be granted even if the sentence is a fine only,
DESTIERRO, DEFINED but with subsidiary imprisonment in case of
Any person sentenced to destierro shall not be permitted insolvency.
to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not
WHERE AND WHEN TO FILE THE APPLICATION
more than 250 and not less than 25 kilometers from the
! An APPLICATION for probation shall be filed by the
place designated.
defendant with the trial court within the period for
perfecting an appeal.
This penalty is considered as a principal correctional and
! NO application for probation shall be entertained
divisible penalty. Therefore, jurisdiction over crimes
or granted if the defendant has PERFECTED AN
punishable with destierro lies with the Municipal Trial
APPEAL from the judgment of conviction.
Court.
Application
EFFECTS OF FILING AND GRANT/DENIAL OF
Only the following cases impose the penalty of destierro:
APPLICATION
(1) Death or serious physical injuries is caused or
(1) Filing of application for probation operates as a
are inflicted under exceptional circumstances
waiver of the right to appeal.
[Art. 247];
(2) The order granting or denying probation shall not
(2) Failure to give bond for good behaviour in grave
be appealable.
and light threats [Art. 284];
(3) Accessory penalties are deemed suspended once
(3) Penalty for the concubine in the crime of
probation is granted and are fully restored upon
concubinage [Art. 334];
final discharge of probationer.
(4) When, after reducing the penalty by one or more
(4) Final discharge of probationer totally extinguishes
degrees, destierro is the proper penalty.
criminal liability for the offense subject of the
probation [RA 10707, a July 27, 2015 amendment to
ARRESTO MENOR
this law]
Guidelines:
(5) Civil liability is not affected by the suspension of
(1) Arresto menor shall only be served in the following
the sentence imposed on the accused that is
venues:
granted probation; court must hear the civil
(2) Municipal jail; or
aspects.
(3) House of the defendant under the surveillance of an
officer of law only when the court so provides in its
NOTE: The court may, after it shall have convicted
decision.
and sentenced a child in conflict with the law, and
upon application at any time, place the child on
probation in lieu of his/her sentence, taking into
account the best interests of the child. For this
purpose, Section 4 of Presidential Decree No. 968, probation based on the modified decision before it
otherwise, known as the “Probation Law of 1976” is becomes final, provided he does not seek an appeal for
hereby amended accordingly. [Sec. 42, R.A. 9344, the same. Such application shall be made in the trial
Juvenile Delinquency Law] court imposing the non-probationable penalty. [RA
10707, a July 27, 2015 amendment to this law]
POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation CONDITIONS OF PROBATION
officer and a determination by the court. He may,
however, be released under his bail filed in the criminal TWO KINDS OF CONDITIONS IMPOSED:
case or on recognizance. (1) Mandatory or general – once violated, the probation is
cancelled. They are:
CRITERIA FOR PLACING AN OFFENDER ON A. Probationer: Presents himself to the probation
PROBATION officer designated to undertake his supervision, at
The court shall consider: such place as may be specified in the order, within
(1) All information relative to the character, 72 hours from receipt of order;
antecedents, environment, mental, and physical B. He reports to the probation officer at least once a
condition of the offender; month.
(2) Available institutional and community resources. (2) Discretionary or special – additional conditions listed,
which the court may additionally impose on the
probationer towards his correction and rehabilitation
PROBATION SHALL BE DENIED IF THE COURT outside prison. HOWEVER, the enumeration is not
FINDS THAT exclusive. Probation statutes are liberal in character and
(1) The offender is in need for correctional treatment enable the courts to designate practically any term it
that can be provided effectively by his chooses, as long as the probationer’s constitutional
commitment to an institution; rights are not jeopardized. Also, they must not be unduly
(2) There is undue risk of committing another crime; restrictive of probationer, and not incompatible with the
(3) Probation will depreciate the seriousness of the freedom of conscience of probationer.
offense committed.
PERIOD OF PROBATION
For how long may a convict be placed on probation?
DISQUALIFIED OFFENDERS i. If the convict is sentenced to a term of
The benefits of the Decree shall NOT be extended to imprisonment of NOT more than one year, the
those: period of probation shall not exceed 2 years.
(1) Sentenced to serve a maximum term of ii. In all other cases, if he is sentenced to more than
imprisonment of more the 6 years; one year, said period shall not exceed 6 years.
(2) Convicted of any crime against the national When the sentence imposes a fine only and the offender is
security; made to serve subsidiary imprisonment. The period of
(3) Who have previously been convicted by final probation shall be twice the total of the number of days of
judgment of an offense punished by subsidiary imprisonment.
imprisonment of more than six months and
one day and/or a fine not less than P1,000.00; PARDON PROBATION
(4) Once placed on probation; Includes any crime and Exercised individually by the
(5) Who appealed; is exercised individually trial court.
(6) Convicted of drug trafficking or drug pushing; by the President.
(7) Convicted of election offenses under the Exercised when the Must be exercised within
Omnibus Election Code. person is already the period for perfecting an
convicted. appeal.
Note: No. 5 does not apply to minor offenders. A child Merely looks forward It promotes the correction
in conflict with law can apply probation ANYTIME. (prospective) and and rehabilitation of an
relieves the offender offender by providing him
HOWEVER, if through an appeal or review, a non- from the consequences with individualized
probationable penalty is modified to a probationable of an offense of which treatment; provides an
penalty, the defendant shall be allowed to apply for he has been convicted; opportunity for the
it does not work for the reformation of a penitent with the law has willfully failed to comply with the
restoration of public offender which might be less conditions of his/her disposition or rehabilitation
office, or the right of probable if he were to serve program, the child in conflict with the law shall be
suffrage, unless such a prison sentence; and brought before the court for promulgation (not
rights are expressly prevent the commission of execution) of judgment.
restored by means of offenses.
pardon. If said child in conflict with the law has reached
Does not alter the fact Does not alter the fact that eighteen (18) years of age while under suspended
that the accused is a the accused is a recidivist as sentence, the court shall determine whether to
recidivist as it produces it provides only for an discharge the child, to order execution of sentence, or
only the extinction of opportunity of reformation to extend the suspended sentence for a certain
the personal effects of to the penitent offender. specified period or until the child reaches the
the penalty. maximum age of twenty-one (21) years. [R.A. 9344]
Does not extinguish the Does not extinguish the civil
civil liability of offender. liability of the offender.
Being a private act by Being a grant by the trial
the President, it must court; it follows that the trial
D. EXTINCTION OF CRIMINAL LIABILITY
be pleaded and proved court also has the power to
by the person pardoned order its revocation in a TOTAL EXTINCTION OF CRIMINAL LIABILITY
proper circumstances. GUIDELINES
(1) Means of totally extinguishing criminal liability:
ARTICLE 68 IN RELATION TO RA 9344 OR THE (MAD-SPAM)
JUVENILE AND JUSTICE WELFARE ACT a. Death of the convict – Personal liabilities shall be
APPLICATION OF ARTICLE 68: extinguished while pecuniary liability shall only
This article is NOT immediately applicable to a minor be extinguished when the death of the offender
under 18 years of age, because when such minor is occurs before final judgment.
found guilty of the offense charged, the court shall b. Service of sentence – This does not extinguish
determine the penalty in the judgment of conviction civil liabilities.
but shall suspend the promulgation (not the execution) c. Amnesty – The penalty imposed and all its
and orders commitment to a reformatory institution, if effects are totally extinguished.
the court there for approves his application d. Absolute Pardon - The penalty imposed and all
its effects are totally extinguished.
Upon the recommendation of the social worker who e. Prescription of the crime
has custody of the child, the court shall dismiss the f. Prescription of penalty
case against the child and shall order the final
g. Marriage of the offended woman with the
discharge of the child if it finds that the objective of the
offender – Only applicable in good faith and
disposition measures have been fulfilled
applicable only in crimes of rape, seduction and
abduction or acts of lasciviousness.(Art. 89, RPC)
This article has been repealed or amended in the sense
(2) Extinction of criminal liability does not extinguish
that the accused in par. 1 thereof is completely absolved
from criminal liability under R.A. 9344, hence there is civil liability.
no basis for considering any privileged mitigating NOTE: The extinction of the penal action does not
circumstance in his favor. carry with it the extinction of the civil action.
However, the civil action based on delict shall be
That circumstance may, however, be involved in its par. deemed extinguished if there is a finding in a final
2 where the accused is over 15 and below 18 years of age judgment in the civil action that the act or omission
but he acted with discernment, and he is returned to from where the civil liability may arise does not exist.
the other correlative proceeding, if any have not (Quinto v. Andres)
achieved their purposes and, in effect, the accused has
been found to be incorrigible. [Regalado] (3) Death of the offended party does not extinguish the
criminal liability of the accused even in private
If the court finds that the objective the disposition offenses.
measures imposed upon the child in conflict with the
law have not been fulfilled, or if the child in conflict
(4) Civil liability is extinguished only when death occurs

The offender must This a public act. Concurrence
before final judgment.
plead and prove the of the Congress would be
Pardon since this is necessary prior to
NOTE: A judgment only becomes final if the following considered a Private proclamation.
conditions have been satisfied: Act of the President.
a. After the lapse of the period for perfecting an
appeal;
b. When the sentence has been partly or totally PARDON, DEFINED
satisfied or served; Pardon refers to an act of grace proceeding from the
power entrusted with the execution of the laws.
c. The defendant has expressly waived in writing
This exempts the individual on whom it is bestowed from
his right to appeal.
the punishment provided for by the law for the crime
committed.
EFFECT OF DEATH OF THE ACCUSED PENDING APPEAL
Pardon can only be given after final judgment; otherwise,
General Rule: Death of the accused pending appeal of his
there will be violation of the Doctrine of Separation of
conviction extinguishes the offender’s criminal liability as
Powers.
well as his civil liability based solely on the offense
committed.
ABSOLUTE PARDON CONDITIONAL PARDON
Exception: Death does not extinguish civil liability arising
Total extinction of Exemption of individual
from sources other than the crime committed survives,
criminal liability, from the punishment
and may be pursued in a separate civil action. Sources of
without any condition. which the law inflicts for
civil liability other than crime are law, contracts, quasi -
Restores to the the offense committed
contracts and quasi delicts.
individual his civil and resulting in the partial
political rights and extinction with certain
AMNESTY, DEFINED
remits the penalty conditions.
Amnesty is an act of the sovereign power granting oblivion
imposed for the
or a general pardon for a past offense.
particular offense
It is rarely, if ever, exercised in favor of a single individual,
he/she is convicted of.
and is usually extended in behalf of certain classes of
persons, whether or not they have already been convicted.
PRESCRIPTION OF CRIMES, DEFINED
Pertains to the forfeiture or loss of the right of the State to
PARDON AMNESTY
prosecute the offender after the lapse of a certain time.
Includes any crime and Considered as a “blanket” of In prescription of crimes, it is the penalty
is exercised pardon to classes of persons prescribed by law that should be considered.
individually by the or communities who may be In computing for the prescription, the first day is
President. guilty of a class of offenses, to be executed and the last day included.
usually political in nature.
COMMENCEMENT OF PRESCRIPTION
Exercised only after May be exercised before the (1) Felonies under the Revised Penal Code — For all
the conviction of the trial or investigation. criminal offenses, the period of prescription shall
offender. commence to run from the day on which the crime
is discovered by the offended party, the authorities,
Prospective Retroactive
or their agents
(2) Criminal Offences punished by Special Laws —
Does not obliterate Obliterates the last vestige of
previous records of crime. Prescription shall begin to run from the day of the
conviction (except if it commission of the violation of the law, and if the
is an absolute pardon). same be not known at the time, from the discovery
thereof (Blameless ignorance doctrine)
Does not extinguish civil liability of the offender
(except if it is an absolute pardon) SUSPENSION OF PRESCRIPTION
(1) Felonies under the Revised Penal Code — The term
of prescription shall not run when the offender is
absent from the Philippine Archipelago.
(2) Criminal Offenses punished by Special Laws — no f. After 5 years for offenses punished under the
similar provision like the RPC Internal Revenue Law.
NOTE: The running of the prescription of an offense g. After 2 months for violations of the
punished by a special law is not tolled by the absence regulations or conditions of certificate of
of the offender from Philippine soil. convenience by the Public Service
Commission
PRESCRIPTIVE PERIODS OF CRIMES (4) When the prescription is interrupted – It shall be
Crimes punishable by: interrupted only when the proceedings are instituted
a. Death, reclusion perpetua, and reclusion against the guilty party and shall being to run again if
temporal = 20 years the proceedings are dismissed for reasons not
b. Afflictive Penalties = 15 years constituting jeopardy.
c. Correctional Penalties = 10 year except those
punishable by arresto mayor which shall COMPUTATION OF THE PRESCRIPTION OF PENALTIES
prescribe in 5 years. (1) Period of prescription commences to run from the
Crime of libel = 1 year date when the culprit evaded the service of his
Offenses of oral defamation and slander by deed = 6 sentence.
months (2) There is an interruption in case of the following
a. Simple Slander = 6 months circumstances:
b. Grave Slander = 2 months a. Culprit gives himself up;
Light offenses = 2 months b. Culprit gets captured;
Crimes punishable by fines c. Culprit goes to a foreign country with which the
b. Afflictive Fines = 15 years Philippines has no extradition treaty; or if there
c. Correctional Fines = 10 years is an extradition treaty, the same does not
d. Light Fines = 2 months include the crime committed by the culprit;
d. Culprit commits another crime before the
GUIDELINES expiration of the period of prescription.
(1) When the last day of prescriptive period falls on a e. Culprit makes an acceptance of conditional
Sunday or a holiday – the information can no longer pardon (People v. Puntillas).
be filed on the next day as the crime has already
prescribed. The period will not be prolonged because (3) Penalties must be imposed after final judgment. If a
doubt should be resolved in favor of the accused. convict appeals and then flees, the penalty imposed
(2) Compound Crimes –When the penalty is a compound cannot prescribe since no final judgment has been
one, the highest penalty is the basis of application of rendered
the rules in Article 90. (4) If the accused was never arrested to serve the
(3) Violations penalized by special laws – unless sentence, the prescriptive period cannot commence
otherwise provided by the special laws, the following to run.
rules shall govern:
a. After 1 year for offenses punished only by a Prescription of the Crime Prescription of the Penalty
fine or by imprisonment for not more than
one (1) month, or both; The forfeiture or loss of the The forfeiture or loss of the
b. After 4 years for those punished by right of the State to right of the government to
imprisonment for more than one (1) month prosecute. execute the final sentence.
but less than two (2) years;
c. After 8 years for those punished by It is the penalty prescribed It is the penalty imposed that
imprisonment for two (2) years or more, but by law that should be should be considered.
not less than six (6) years; and considered.
d. After 12 years for any other offense punished
by imprisonment for six (6) years or more, PARTIAL EXTINCTION OF CRIMINAL LIABILITY
except the crime of treason, which shall
prescribe after twenty (20) years. CRIMINAL LIABILITY IS PARTIALLY
e. Any violations penalized by municipal EXTINGUISHED THROUGH
ordinances shall prescribe after two (2)
months.
(1) Conditional pardon;
(2) Commutation of sentence;
(3) Good conduct allowances which the offender may A convict shall suffer an increase of one-fifth of the time
earn while serving his sentence; still remaining to be served under the original sentence,
(4) Parole; and which in no case shall exceed six months if he:
(5) By probation (Art. 94) a. evades the service of his sentence,
b. by leaving the penal institution where he shall
have been confined,
CONDITIONAL
PAROLE c. on the occasion of disorder resulting from a
PARDON
conflagration, earthquake, explosion, or similar
Given after final Given after service of the catastrophe, or during a mutiny in which he has
judgment minimum penalty not participated, and
d. he shall fail to give himself up to the authorities
Granted by Chief Given by the Board of within 48 hours following the issuance of a
Executive Pardons and Parole proclamation by the Chief Executive announcing
the passing away of such calamity. (Art. 158, RPC).
For violations, For violations, may be
convict may be rearrested, convict NOTE: A convict who gives himself up to the authorities
prosecuted under serves remaining within the 48 hour period shall be entitled to the deduction
Art. 159 sentence under Art. 98 (Special time allowance for loyalty)
ALLOWANCE FOR GOOD CONDUCT E. CIVIL LIABILITY IN CRIMINAL CASES

(1) First two (2) years of imprisonment = deduction of 5
days for each month of good behavior. ART. 100
(2) 3rd to 5th years of imprisonment = deduction of 23 days Every person criminally liable for a felony is also civilly
for each month of good behavior. liable.
(3) Following years until the 10th year of imprisonment =
deduction of 25 days for each month for good RULES REGARDING CIVIL LIABILITY IN
behavior. CERTAIN CASES
(4) 11th and successive years of imprisonment = deduction
of 30 days for each month of good behavior. General Rule: Civil liability is still imposed in cases falling
(5) In addition to numbers 1 to 4, the study, teaching, or under those exempting circumstances enumerated in Art.
mentoring service time rendered = deduction of 15 12.
days (Art. 97).
Exceptions:
SPECIAL TIME ALLOWANCE FOR LOYALTY, DEFINED (1) No civil liability in par. 4 of Art. 12 which provides for
Pertains to the deduction of 1/5th of the period of the the injury caused by mere accident.
sentence of a prisoner who, having evaded the service of (2) No civil liability in par. 7 of Art. 12 which provides for
his sentence during a calamity or catastrophe, gives failure to perform an act required by law when
himself up within 48 hours following the proclamation by prevented by some lawful or insuperable cause.
the President announcing the passing away of the calamity
or catastrophe. PERSONS LIABLE FOR INSANE OR MINOR EXEMPT
FROM CRIMINAL LIABILITY
The deduction will be 2/5ths if the prisoner stays in his
place of confinement. (Art. 98, RPC) (1) The person having legal capacity or control over
them, if the latter are the ones at fault or negligent –
Time allowance is only granted exclusively by the Director they are primarily liable.
of Prison and once granted, shall not be revoked. (2) If no fault or negligence on their part, or even if at
fault or negligent but insolvent, or should there be no
EVASION OF SERVICE ON OCCASION OF DISORDER, person having such authority or control, the insane,
CONFLAGRATIONS, EARTHQUAKES, OR OTHER imbecile, or such minor shall respond with their own
CALAMITIES property, not exempt from execution (U.S. v. Baggay,
20 Phil. 142, 146-147).

PERSONS CIVILLY LIABLE FOR ACTS OF MINOR OVER EFFECTS ON CIVIL LIABILITY
15 YEARS OF AGE WHO ACT WITH DISCERNMENT
(Art. 201, Child and Youth Welfare Code, (1) Extinction of the penal action - does not carry
Arts. 2180 & 2182, Civil Code). with it the extinction of the civil action, unless the
extinction proceeds from a declaration in a final
(1) Offender’s father; judgment that the fact from which the civil liability
(2) Mother, in case of father’s death or incapacity; might arise did not exist.
(3) Guardian, in the case of mother’s death or incapacity. (2) Dismissal of the information or the action - does
not affect the right of the offended party to
PERSONS CIVILLY LIABLE FOR ACTS COMMITTED BY institute or continue the civil action already
PERSONS ACTING UNDER IRRESISTIBLE FORCE OR instituted arising from the offense since such
UNCONTROLLABLE FEAR dismissal or extinction of the penal action does not
carry with it the extinction of the civil action.
(1) The person using violence or causing the fear are
primarily liable. NOTE THAT: Where the dismissal of the case
(2) If there be no such persons, those doing the act shall stems from the fact that the prosecution has failed
be secondarily liable. to prove the guilt of the accused beyond
reasonable doubt, a civil suit may be instituted,
SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, which may demand a lesser quantum of evidence.
TAVERN KEEPERS AND PROPRIETORS OF (3) Death of the offender - Civil liability ex-delicto is
ESTABLISHMENTS. (ART. 102, RPC) extinguished if death of the offender happened
prior to the institution of action or prior to the
(1) Elements of Paragraph 1: finality of judgment.
a. The innkeeper, tavern keeper or proprietor of
establishment or his employee committed a CHAPTER TWO: WHAT CIVIL LIABILITY INCLUDES
violation of a municipal ordinance or some
general or special police regulation. CIVIL LIABILITY INCLUDES
b. The crime committed in such inn, tavern, or
establishment. (1) Restitution;
c. The person criminally liable is insolvent or (2) Reparation of the damage caused;
absent. (3) Indemnification for consequential damages.
! Concurrence of all elements makes the
innkeeper, tavern keeper or proprietor of the RESTITUTION
establishment civilly liable. ! Restitution of an object(s) must be made whenever
! This liability, however, is subsidiary in nature, possible even when found in the possession of a third
hence the requisite of the offender’s insolvency. person except when acquired by such person in any
[Reyes, p. 924] manner and under the requirements which, by law,
bar an action for recovery.
(2) Elements of Paragraph 2: ! Art. 104 may be distinguished from Art. 38 in the sense
a. The guests notified in advance the innkeeper or that Art. 38 refers to the order in which pecuniary
the person representing of the deposit of their liabilities, among which it includes fines and the cost
goods within the inn or house. of proceedings, are to be paid, whereas Art. 104 refers
b. The guests followed the direction of the to the composition of civil liability which Art. 38 calls
innkeeper or his representative with respect to convicts to pay.
the care of and vigilance over such goods.
c. Such goods of the guests lodging therein were SCOPE OF RESTITUTION
taken by robbery with force upon things or theft (1) Cannot be ordered before final judgment.
committed within the inn or house. (2) The liability to return an object must arise from a
! No liability shall attach in the case of robbery criminal act, not from a contract.
with violence against or intimidation of persons, (3) Can be ordered even if accused was acquitted but the
unless committed by the innkeeper’s employees. object was proved to belong to a third party.
! The effects of the guest be actually delivered to (4) In addition to the returning of the object, the offender
the innkeeper is immaterial. must also pay an amount representing the
deterioration of diminution of value, if any.
(5) Limited to crimes against property except in: treason ! Living Expenses = In the absence of proof, 50% of
cases where money was acquired; and abduction Gross Annual Income. [People vs. Lara]
cases where ransom was paid.
! Generally, the owner of the thing taken may
recover regardless of who is in possession of the CHAPTER THREE: EXTINCTION AND SURVIVAL OF
thing, except in cases where the third party has CIVIL LIABILITY
acquired the same in good faith at a public
auction, (Art. 559, Civil Code) in which case, the CIVIL LIABILITY IS EXTINGUISHED BY:
original owner may only recover the thing by (1) Payment or performance;
paying the purchase price. (2) Loss of the thing due;
(3) Condonation or remission of the debt;
REPARATION OF DAMAGES (4) Confusion or merger of the rights of the creditor and
If restitution is not possible, reparation of damages will be debtor;
ordered by the court. The court shall determine the (5) Compensation;
amount of damage while considering the price of the (6) Novation;
object and its sentimental value to the injured party. (7) Other cause of extinguishment of obligations, such as
! If no evidence is available as to the value of the annulment, rescission, fulfilment of a resolutory
property unrecovered, reparation cannot be made. condition and prescription.
General Rule: Civil liability in criminal cases is not

SCOPE OF REPARATION extinguished by the loss of the object due to reparation will
Only applies to crimes against property. be ordered by the court in such cases.
INDEMNIFICATION OF DAMAGES Exception: The offender shall continue to be obliged to

Indemnification includes not only those caused the injured satisfy the civil liability arising from the crime committed
party, but also, those suffered by his family or a third party by him.
by reason of the crime.
! This is considered a remedy granted to the victims of
crimes against persons.
SCOPE OF INDEMNIFICATION:
(1) Both reparation and indemnification for damages may
be claimed by the accused and his/her heirs.
(2) Contributory negligence on the part of the offended
party reduces civil liability of the offender.
(3) The obligation to make restoration or reparation for
damages and indemnification for consequential
damages devolves upon the heirs of the person liable.
The action to demand restoration, reparation or
indemnification descends to the heirs of the person
injured.
COMPUTING LOSS OF THE VICTIM’S

EARNING CAPACITY
Net Earning Capacity = Life Expectancy x (Gross

Annual Income – Living Expenses)
! Life Expectancy = 2/3 x (80-age of the deceased at

the time of death)
! Gross Annual Income = Monthly Earnings x Number
of Months
CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS
CHAPTER ONE: Crimes Against National Security

Section 1: Crimes against Security
Art. 114. Treason
Art 115.Conspiracy and Proposal to Commit Treason
Art 116. Misprision of Treason
Art 117. Espionage
Section 2: Crimes against the Law of Nations
Art. 118. Inciting to war or giving motives for reprisals
Art. 119. Violation of neutrality
Art. 120. Correspondence with hostile country
Art. 121. Flight to enemy’s country
Section 3: Piracy and mutiny on the high seas in
Philippine waters
Art. 122. Piracy in general and mutiny on the high seas
or in Philippine waters
Art. 123. Qualified Piracy
Crimes under this title can be prosecuted even if the

criminal act(s) were committed outside the Philippine
territorial jurisdiction. Provided, that the offender is within
CRIMINAL LAW II Philippine territories or brought to the Philippines

pursuant to an extradition treaty.
However, when the crimes committed are Crimes against

the Law of Nations (Art. 118, 119, 120, 121, 122, and 123), the
offender can be prosecuted wherever he may be found
because these crimes are regarded as committed against
humanity in general.
CHAPTER ONE: CRIMES AGAINST

NATIONAL SECURITY
SECTION 1: CRIMES AGAINST SECURITY
ART. 114. TREASON
TREASON
A breach of allegiance to government, committed by a
person who owes allegiance to it.
ALLEGIANCE
An obligation of fidelity and obedience which the
individuals owe to the government under which they live
or to their sovereign, in return for the protection they
receive.

ELEMENTS OF TREASON and harbors sympathies or convictions disloyal to his

own country’s policy or interest.
(1) Offender is a Filipino citizen or an alien residing in the • Aid or comfort means an act which strengthens or
Philippines. tends to strengthen the enemy in the conduct of war
(2) There is war in which the Philippines is involved. against the traitor’s country and an act which
(3) Offender either – weakens or tends to weaken the power of the
A. Levies war against the government: traitor’s country to resist or to attack the enemy.
i. Actual assembling of men (Cramer vs. US)
ii. For the purpose of executing a treasonable
design by force When there is no adherence to the enemy, the act which
B. Adheres to the enemies and gives them aid or may do aid or comfort to the enemy does not amount to
comfort. treason. (Reyes, 2012)
i. Adherence to the enemy – there is intent to
betray Proving adherence
ii. Adherence and aid or comfort – performance (1) By one witness
of an act which strengthens the enemy (2) From the nature of the act itself
(3) From the circumstances surrounding the act
MODE 1: LEVYING WAR
Elements: Specific Acts of Aid or Comfort
(a) Offender is a Filipino or resident alien (1) Serving as informer and active member of Japanese
(b) There is a war in which the Philippines is involved Military police
(c) The offender levies war against the government (2) Serving in the Japanese Army as agent or spy and
participating in raids
There must be an actual assembling of men. The mere (3) Acting as “finger women” (People vs Nunez)
acceptance of the commission from the secretary of war (4) Taking active part in the mass killings of civilians
of the Katipunan by the accused, nothing else having been by the Japanese soldiers by personally tying the
done, was not an overt act of treason within the meaning hands of the victims
of the law. (U.S. vs. De los Reyes) (5) Giving information to, or commandeering
foodstuffs for the enemy
The levying of war must be directed against the
government. It must be with intent to overthrow the WAYS OF PROVING TREASON
government as such, not merely to resist a particular
statute or to repel a particular officer. (Reyes, 2012, citing (1) Testimony of at least 2 witnesses to the same overt
3 Wharton’s Criminal Law, 12th Ed.) act; or
(2) Confession of the accused in open court (judicial
The levying of war must be in collaboration with a foreign confession)
enemy. If the levying of war is merely a civil uprising, ● The defendant should be acquitted if only one of
without any intention of helping an external enemy, the the two witnesses is believed by the court.
crime is not treason. The offenders may be held liable for ● It is sufficient that the witnesses are uniform in
rebellion under Art. 135 in relation to Art. 134 of the RPC. their testimony on the overt act; it is not
necessary that there be corroboration between
MODE 2: ADHERENCE TO THE ENEMY AND GIVING them on the point they testified.
AID OR COMFORT ● Extrajudicial confession or confession made
Elements: before the investigators is not sufficient to
(a) Offender is a Filipino or resident alien convict a person of treason.
(b) There is a war in which the Philippines is involved
(c) That the offender adheres to the enemies, giving AGGRAVATING CIRCUMSTANCES IN TREASON
them aid or comfort
(1) Cruelty (barbarous forms of torture before putting
Adherence and giving aid or comfort must concur. them to death) and Ignominy
• Adherence to the enemy means there is an intent to (2) Rape, wanton robbery for personal gain, brutality
betray. There is adherence to the enemy when a ● Defense of suspended allegiance and change of
citizen intellectually or emotionally favors the enemy sovereignty is not accepted.
● Defense of obedience to a de facto Government

is a good defense. General rule: Conspiracy and proposal to commit a felony

● General Rule: Defense of loss of citizenship by is not punishable under Article 8.
joining the army of the enemy, cannot protect Exception: Under Article 115, mere conspiracy or proposal
him from punishment to commit treason is punishable. This is because, in
Exception: If the fear of immediate death forced treason, the very existence of the state is endangered.
him to join the army. (Reyes, 2012)
NOTE:
● No complex crime of treason with murder, physical The two-witness rule does not apply to conspiracy or
injuries, etc. (People vs Prieto) proposal to commit treason because this is a separate and
● There is no attempted treason, mere attempt only distinct offense from that of treason. (US vs. Bautista)
already consummates the crime.
● Treason is a wartime crime, therefore, cannot be ART. 116. MISPRISION OF TREASON
committed in time of peace.
● In treason by levying war, it is not necessary that “MISPRISION OF TREASON” An act of concealing or not
there be a formal declaration of the existence of a disclosing knowledge of any conspiracy to commit
state of war. (US vs. Lagnason) treason.
● Treason by Filipino citizen can be committed
outside of the Philippines. Treason by an alien must ELEMENTS OF MISPRISION OF TREASON
be committed in the Philippines.
● Treason is a continuous crime thus the offender (1) Offender owes allegiance to the Government, and is
can still be prosecuted even when the war has not a foreigner;
ended. (2) He has knowledge of conspiracy to commit treason
against the Government;
PENALTY (3) He conceals or does not disclose and make known
Under RA 10951, a Filipino citizen or an alien residing in the the same as soon as possible to the governor or fiscal
Philippines, who commits treason under Article 114 of the of the province, or the mayor or fiscal of the city in
RPC, shall be: which he resides.
1. punished by reclusion perpetua to death and
2. liable to pay a fine not exceeding P4 million. (Sec. 3) NOTE:
• It can only be committed by a Filipino citizen and
during a war in which the Philippines is involved.
ART. 115. CONSPIRACY AND PROPOSAL • The offender is punished as an accessory to
TO COMMIT TREASON Treason but principal in the crime of Misprision of
Treason
ELEMENTS OF CONSPIRACY TO COMMIT TREASON • There are persons who conspire to commit treason
and the offender knew this and failed to make the
a. In time of war necessary report to the government within the
b. There are two or more persons earliest possible time.
c. Such persons come to an agreement: • Art. 116 does not apply when treason has already
i. To levy war against the government; or been committed by someone and the accused does
ii. To adhere to the enemies and give them aid not report the commission to the authorities.
or comfort • “To report within a reasonable time” depends on
d. They decide to commit the agreement time, place and circumstance.
• Article 116 is an exception to the rule that mere
ELEMENTS OF PROPOSAL TO COMMIT TREASON silence does not make a person criminally liable.
(US vs. Caballeros)
a. In time of war
b. A person who has decided to levy war against the ART. 117. ESPIONAGE
government or adhere to enemies and give them
aid and comfort ESPIONAGE
c. Proposes its execution to some other person or
An offense of gathering, transmitting or losing information
persons
respecting the national defense with intent or reason to

believe that the information is to be used to the injury of ART. 118 INCITING TO WAR OR GIVING
the Philippines or to the advantage of any foreign nation.
MOTIVES FOR REPRISALS
TWO WAYS OF COMMITTING ESPIONAGE
ELEMENTS
(1) Entering, without authority, a warship, fort or naval
or military establishment or reservation to obtain any
(1)Offender performs unlawful or unauthorized acts;
information, plans, photographs or other data of a
confidential nature relative to the defense. (2)The acts provoke or give occasion for:
a. A war involving or liable to involve the
Elements:
Philippines; or
a. Offender enters a warship, fort, etc.
b. Expose Filipino citizens to reprisals on their
b. He has no authority to do so.
persons or property
c. For the purpose of obtaining any information,
NOTE:
plans, photos, and other confidential data.
● Intent is immaterial.
o If the accused has no such intention, he
● It must be committed in time of peace.
is not liable.
o It is not necessary that the information, ● Penalty is higher when committed by a public
etc. is obtained. It is sufficient that the officer or employee.
offender has the purpose to obtain them. ● The intention of the offender is immaterial. The law
o Offender may be a private person or a considers the effects produced by the acts of the
public officer, citizen or foreigner. accused. (Reyes, 2012l citing Albert)
(2) Disclosing to the representative of a foreign nation ART. 119. VIOLATION OF NEUTRALITY
the contents of article, data or information which
offender has in his possession by reason of his public NEUTRALITY
office. When a nation or power takes no part in a contest of arms
Elements: going on between others it is referred to as neutral.
a. Offender is a public officer.
b. He has in his possession articles, data, etc. by There must be regulation issued by competent authority
reason of his public office. for the enforcement of neutrality.
c. He discloses their contents to a representative
of a foreign nation. ELEMENTS
o It is not necessary that the information
is obtained (Intent is sufficient). a. There is a war in which the Philippines is not
involved.
NOTE: Under paragraph 1, the offender may be any person, b. There is a regulation issued by competent
but under paragraph 2, the offender must be a public authority for the purpose of enforcing neutrality.
officer who has in his possession the information by reason NOTE: Competent authority includes the
of the public office he holds. President of the Philippines, Secretary of
National Defense, or the Chief of Staff of the AFP.
ESPIONAGE TREASON c. Offender violates such regulation.
ART. 117 ART. 114
Not conditioned on the citizenship of the offender ART. 120. CORRESPONDENCE WITH
May be committed
Committed only in times of HOSTILE COUNTRY
both in times of war
war
and in times of peace
CORRESPONDENCE
Limited only to two ways of
A communication by means of letters; or it may refer to
committing the crime: levying letters which pass between those who have friendly or
May be committed in
of war and adhering to the
many ways business relations.
enemy giving him aid or
comfort
ELEMENTS
SECTION 2: CRIMES AGAINST LAW OF a. Time of war in which the Philippines is involved;
NATIONS b. Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
c. Correspondence is either – MUTINY

i. Prohibited by the government; The unlawful resistance to a superior officer or the raising
ii. Carried on in ciphers or conventional signs; of commotions and disturbances on board a ship against
iii. Containing notice or information which the authority of its commander.
might be useful to the enemy. 2 WAYS OF COMMITTING PIRACY
It is still punishable even if the correspondence contains (1) By attacking or seizing a vessel on the high seas or
innocent matters, as long as correspondence has been in the Philippine waters (PD 532)
prohibited by the government. (2) By seizing the whole or part of the cargo of said
vehicles, its equipment or personal belongings of
QUALIFYING CIRCUMSTANCES UNDER INSTANCE 3 - its complement or passengers
THE FOLLOWING MUST CONCUR:
ELEMENTS
(1) That the notice or information might be useful to
the enemy; and a. Vessel is on the high seas or in Philippine Waters;
(2) That the offender intended to aid the enemy. NOTE: High seas may mean within the territory of
another country (People vs. Lol-lo, et al., 43 Phil 19)
NOTE: If the offender intended to aid the enemy by giving b. Piracy: Offenders are non-members of its
such notice or information, the crime amounts to treason; complement or non-passengers of the vessel;
hence, the penalty is the same as that for treason. Mutiny: Offenders are members of the crew or
passengers; and
ART. 121. FLIGHT TO ENEMY’S COUNTRY c. Offenders either:
i. Attack or seize the vessel;
ELEMENTS ii. Seize the whole or part of the cargo of the
said vessel, its equipment or personal
a. There is war in which the Philippines is involved. belongings of its complement or passengers.
b. Offender owes allegiance to the Government.
c. Offender attempts to flee or go to enemy country. PIRACY MUTINY
d. Going to enemy country is prohibited by Persons who attack the Persons who attack the
competent authority. vessel or seize its cargo are vessel or seize its cargo are
strangers to said vessels members of the crew or
NOTE: An alien resident may be guilty of flight to enemy passengers
country. The law does not say “not being a foreigner.” Intent to gain is essential. In mutiny, the intention is
Hence, the allegiance contemplated in this article is either to ignore the ship’s officer
natural or temporary allegiance. (Reyes, 2008) or desire to commit
plunder.
SECTION 3: PIRACY AND MUTINY ON Robbery or forcible Unlawful resistance to a
THE HIGH SEAS IN PHILIPPINE WATERS degradation on the high superior officer, or the
seas, without lawful raising of commotion and
Art. 122. PIRACY authority and done with disturbances on board a
animo furandi and in the ship against the authority of
spirit and intention of its commander
PIRACY
universal hostility
The Robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi and
in the spirit and intention of universal hostility. SEE ALSO: P.D NO. 532 (PIRACY BY ANY PERSON)
Piracy is defined as any attack upon or seizure of any
vessel, or the taking away of the whole or part thereof or
HIGH SEAS
its cargo, equipment, or the personal belongings of its
Any waters on the sea coast which are without the
complement or passengers, irrespective of the value
boundaries of low-water mark, although such waters may
thereof by means of violence against or intimidation of
be in the jurisdictional limits of a foreign government.
persons or force upon things, committed by any person,
including a passenger or member of the complement of
said vessel.

Piracy is considered an act of Terrorism when it sows or The same penalty shall be inflicted in case of mutiny on the
creates a condition of widespread and extraordinary fear high seas or in Philippine waters.
and panic among the populace, in order to coerce the
government to give in to an unlawful demand. All offenses under this title can ONLY be committed by
public officers, except:
ART. 123. QUALIFIED PIRACY (1) Offending the religious feelings under Article 133;
(2) Or when he conspires with a public officer; or
ELEMENTS (3) When he becomes an accomplice or accessory to
said crimes.
a. The vessel is on the high seas or Philippine waters;
b. Offenders may or may not be members of its
CRIMES AGAINST FUNDAMENTAL
complement, or passengers of the vessel;
LAWS OF THE STATE
c. Offenders either:
i. Attack or seize the vessel; or
CHAPTER ONE: Arbitrary Detention or Expulsion,
ii. Seize the whole or part of its cargo, its Violation of Dwelling, Prohibition, Interruption,
equipment, or personal belongings of its and Dissolution of Peaceful Meetings and
crew or passengers. Crimes Against Religious Worship
d. The preceding was committed under any of the Section 1: Arbitrary detention and Expulsion
following circumstances: Art.124: Arbitrary detention
i. Whenever they have seized a vessel by Art.125: Delay in the delivery of detained persons to
the proper judicial authorities
boarding or firing upon the same;
Art.126: Delaying release
ii. Whenever the pirates have abandoned their
Art.127: Expulsion
victims without means of saving themselves; Section 2: Violation of domicile
or Art.128: Violation of domicile
iii. Whenever the crime is accompanied by Art.129: Search warrants maliciously obtained and
murder, homicide, physical injuries or rape. abuse in the service of those legally obtained
Art.130: Searching domicile without witnesses
ACTS QUALIFYING PIRACY Section 3: Prohibition, interruption, and dissolution
of peaceful meetings
Art.131: Prohibition, interruption, and dissolution of
(1) Boarding or firing upon the vessel;
peaceful meetings
(2) Abandonment of victims without means of saving
Section 4; Crimes against religious worship
themselves; or
Art. 132: Interruption of religious worship
(3) Crime is accompanied by murder, homicide,
Art. 133: Offending religious feelings
physical injuries or rape (regardless of number of
victims)
CHAPTER ONE: ARBITRARY DETENTION
OR EXPULSION, VIOLATION OF
Murder, rape, homicide, and physical injuries are mere
circumstances qualifying piracy and cannot be punished as
DWELLING, PROHIBITION,
separate crimes, nor can they be complexed with piracy. INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS
Any person who aids or protects pirates or abets the
commission of piracy shall be considered an accomplice: SECTION 1: ARBITRARY DETENTION
(1) Giving information about the movement of police; AND EXPULSION
(2) Acquires or receives property taken by such
pirates or in any manner derives benefit therefrom. ART. 124. ARBITRARY DETENTION
SEE ALSO: RA 7659 ELEMENTS
Piracy in general and mutiny on the high seas or in
Philippine waters. — The penalty of reclusion perpetua a. Offender is a public officer or employee with
shall be inflicted upon any person who, on the high seas, authority to detain or order detention;
or in Philippine waters, shall attack or seize a vessel or, not b. He detains a person; and
being a member of its complement nor a passenger, shall c. The detention is without legal grounds as:
seize the whole or part of the cargo of said vessel, its i. No crime was committed by the detained;
equipment or passengers. ii. There is no violent insanity of the detained
person; and Denies the Denies the Accuses the

iii. The person detained has no ailment which offender his offender his offended party of
requires compulsory confinement in a hospital. liberty liberty a crime he did
not commit
Delivers him to
DETENTION proper authority
Actual confinement of a person in an enclosure, or, in any and files the
manner, detaining and depriving him of his liberty. necessary
charges to
The detention of a person is without legal ground when: incriminate him
(1) When he has not committed any crime or, at least,
there is no reasonable ground for suspicion that he
Arbitrary detention can be committed through
has committed a crime; or
imprudence.
(2) When he is not suffering from violent insanity or
any other ailment requiring compulsory
confinement in a hospital.
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
NOTE: JUDICIAL AUTHORITIES
● Public officer one acting within the bounds of his
official authority or function.
DELAY IN DELIVERY
● Not all public officers can commit it the crime.
Detaining for more than the period allowed by law without
Only those public officers whose official duties
filing a charge, of a person lawfully arrested without
carry with it the authority to make an arrest and
warrant.
detain persons can be guilty of this crime.
The crime is committed when there is a delay in the filing

Cause of arbitrary detention: Warrantless Arrest:
of the complaint or information against the person
(1) In the presence of the peace officer, the person to be
arrested with the corresponding Court, and NOT the
arrested has committed, is actually committing, or is
physical delivery of the person arrested to the Judge or
attempting to commit an offense;
Court. (Sayo v. Chief of Police)
(2) An offense has just been committed and the peace
officer has probable cause to believe based on
ELEMENTS
personal knowledge of facts or circumstances that
the person to be arrested has committed it; or
a. Offender is a public officer;
(3) the person to be arrested is a prisoner who has
b. He detains a person for some legal ground; and
escaped from a penal establishment or place where
c. He fails to deliver such person to the proper
he is serving final judgment or temporarily confined
judicial authorities within:
while his case is pending or has escaped while being
i. 12 hours for light penalties.
transferred from one confinement to another.
ii. 18 hours for correctional penalties.
iii. 36 hours for afflictive or capital penalties.
ARBITRARY ILLEGAL UNLAWFUL
DETENTION DETENTION ARREST
Circumstances considered in determining liability of
ARTICLE 124 ARTICLE 267 ARTICLE 269
Public officer Private person Any person officer detaining a person beyond legal period
who has OR (1) Means of communication;
authority to Public officer (2) Hour of arrest;
make arrests acting in private (3) Other circumstances such as the time of surrender
and detain capacity/ beyond and the material possibility for the fiscal to make
persons the scope of his
the investigation and file in time the necessary
official duty
information. (Sayo vs Chief Police)
NOTE:
• Nighttime and holidays are not included in the
computation of the period.
• When a judge is unavailable, and the maximum
hours have prescribed, the officer is duty-bound to
release the detainee.

• Art. 125 does not apply when the arrest is by NOTE:
warrant of arrest. ● Offended party may be a Filipino or a foreigner.
• If the offender is a private person, the crime is ● Only the President of the Republic of the
Illegal Detention. Philippines has the power to deport aliens.
● Only the Court, by final judgment, can order a
DELAY IN THE DELIVERY OF person to change his residence.
ARBITRARY
DETAINED PERSONS TO THE
DETENTION
JUDICIAL AUTHORITIES SECTION 2: VIOLATION OF DOMICILE
ARTICLE. 124
ARTICLE. 125
Detention is Detention is legal from the
illegal from the beginning, but becomes illegal ART. 128. VIOLATION OF DOMICILE
beginning due to the failure to deliver to
proper authorities
ACTS PUNISHED
(1) Entering any dwelling against the will of the owner;
ART. 126: DELAYING RELEASE (2) Searching papers or other effects found therein,
without the previous consent of such owner;
ACTS PUNISHED (3) Refusing to leave the premises, after
surreptitiously entering said dwelling and after
(1) Delaying the performance of a judicial or executive having been required to leave the same.
order for the release of a prisoner;
(2) Unduly delaying the service of the notice of such ELEMENTS
order to said prisoner; or
(3) Unduly delaying the proceedings upon any petition a. Offender is a public officer or employee.
for the liberation of such person. b. He commits any of the 3 acts punished
c. He is not authorized by judicial order to enter the
ELEMENTS dwelling or to make a search therein for papers or
other elements.
a. Offender is a public officer or employee;
b. There is a judicial or executive order for the release CIRCUMSTANCES QUALIFYING THE OFFENSE
of a prisoner or detention prisoner or that there is
a proceeding upon a petition for the liberation of (1) Offense is committed at nighttime.
such person; and (2) Papers or effects not constituting evidence of a
c. Offender, without good reason, delays the – crime not be returned immediately.
i. Service of the notice of such order to the
prisoner; NOTE:
ii. Performance of such judicial or executive • Authorized by judicial order means armed with a
order for the release of the prisoner; or search warrant.
iii. Proceedings upon a petition for the release • If the public officer has stealthily entered the
of such person. dwelling and when discovered immediately went
out of the same, he is not liable. However, if he is
Most likely committed by Wardens and Jail Guards and required to leave and he refuses to do so, he
Police Officers who oversee the custody of the prisoners. becomes liable.
• No liability if officer, having given notice of arrest,
breaks into a premise after a person to be arrested
ART. 127: EXPULSION
enters the said premise and closes it.
§ Reason: “while it may be true in general that
ELEMENTS
a ‘man’s house is his castle,’ it is equally true
that he may not use that castle as a citadel for
aggression against his neighbors, nor can he,
b. He commits any of the two acts:
within its walls, create such disorder as to
a. Expels any person from the Philippines; or
affect peace.” (US vs Vallejo)
b. Compels a person to change his residence;
c. Offender is not authorized by law to do so.

ART. 129. SEARCH WARRANTS (6) Officer delivers inventory and property seized to the
judge.
MALICIOUSLY OBTAINED AND ABUSE IN
(7) Delivery of evidence of seizure (photographs,
THE SERVICE OF THOSE LEGALLY documents, reports).
OBTAINED
EXCEPTIONS TO REQUIREMENT OF A SEARCH
ACTS PUNISHED WARRANT
(1) Procuring a search warrant without just cause (1) Search incidental to a lawful arrest;
Elements: (2) Search of moving vehicles;
a. offender is a public officer (3) Evidence in plain view;
b. he procured a search warrant (4) Stop and frisk;
c. there is no just cause (5) Customs searches (vessels and aircraft); or
(6) Consented warrantless searches
(2) Exceeding authority by using unnecessary severity in
executing a search warrant legally produced PENALTY
Elements: 1. arresto mayor in its maximum period to prisión
a. offender is a public officer or employee correccional in its minimum period
b. he has legally procured a search warrant 2. a fine not exceeding ₱200,000. (RA 10591, Sec. 5)
c. he exceeded his authority or used
unnecessary severity in executing the same ART. 130. SEARCHING DOMICILE
WITHOUT WITNESSES.
SEARCH WARRANT
An order in writing issued in the name of the People of the ELEMENTS
Philippines, signed by a judge directed to a public officer,
commanding him to search for personal property a. Offender is a public officer;
described therein and bring it before the court
b. He is armed with a legally procured search warrant;
c. He searches the domicile, papers and other
PROCEDURE FOR SECURING A SEARCH WARRANT belongings of any person; and
d. The owner, or the member of his family, or 2
(1) Application is made by a police officer based on witnesses residing in the same locality are not
personal knowledge of a crime committed in a present.
specific place.
● Must specify the offense, place, and things to INSTANCE WHEN OFFICER MAY BREAK OPEN ANY
be seized
OUTER OR INNER DOOR OR WINDOW OF A HOUSE OR
● Property to be seized:
ANY PART OF A HOUSE OR ANYTHING THEREIN WHEN
a. Subject of the offense,
b. Proceeds, fruits, or things used to commit OR
(1) He is refused admittance to the place of directed
c. Intended to be used as the means of
search;
committing the offense.
(2) His purpose is to execute the warrant to liberate
(2) Judge makes personal determination of PROBABLE
himself or any person lawfully aiding him when
CAUSE after examination of complainant and other
unlawfully detained therein; and
witnesses.
(3) He has given notice of his purpose and authority.
(3) Officer brings 2 witnesses of sufficient age
(4) Conducts the search
NOTE: This article only applies to lawfully obtained search
a. Usually daytime
warrants.
b. Must be conducted without force, except if the
owner prevents entry or officer is refused
admittance after giving notice of his purpose
and authority, or he and his aides are
unlawfully detained in the house (may break
open door or window or any part of a house).
(5) Officer issues a detailed receipt of property seized;
must be signed by the owner or employees.
SECTION 3: PROHIBITION, EXAMPLES OF RELIGIOUS WORSHIP: Mass, baptism,

INTERRUPTION, AND DISSOLUTION OF marriage
PEACEFUL MEETINGS
QUALIFYING CIRCUMSTANCE: if the crime is committed
with violence or threats.
ART. 131. PROHIBITION,
INTERRUPTION AND DISSOLUTION OF ART. 133. OFFENDING THE RELIGIOUS
PEACEFUL MEETINGS FEELINGS
ELEMENTS ELEMENTS
a. Offender is a public officer; a. Acts complained of were performed either -

NOTE: If offender is a private individual, the crime i. A place devoted to religious worship;
is punished under Art 153: Tumults and other ii. During the celebration of any religious
disturbances of public order ceremony
b. Commits any of the following acts: b. Acts are notoriously offensive to the feelings of the
i. Prohibit or interrupt or dissolve the holding of faithful
a peaceful meeting, without any legal ground. NOTE: NOTORIOUSLY OFFENSIVE - Acts
ii. Hinder any person from joining any lawful directed against religious practice or dogma or
association or attending any of its meetings. ritual for the purpose of mocking or scoffing at or
iii. Prohibit or hinder any person from addressing attempting to damage an object of religious
(alone or with others) any petition to the veneration. (People vs. Mandoriao)
authorities for the correction of abuses or c. Offender is any person
redress of grievances. d. There is deliberate intent to hurt the feelings of the
faithful, directed against religious tenet
If a public officer disrupts a religious gathering, but the
circumstances do not fall under Interruption of Religious DETERMINATION OF WHETHER AN ACT IS
Worship or Offending Religious Feelings, the crime may be
NOTORIOUSLY OFFENSIVE:
interruption or dissolution of peaceful meetings.
(1) Determined in view of the nature of the acts

If in the course of the assembly which started out
committed and after scrutiny of all facts and
peacefully, participants commit illegal acts like oral
circumstances, and would not hinge on the
defamation or inciting to sedition.
subjective characterization of the act from the point
of view of the religious denomination or sect. (People
Two criteria to determine whether this article would be
vs. Tengson)
violated:
(2) Offense to feelings is judged from complainant’s
(1) Dangerous tendency rule – applied during times of
point of view, not from the offender. (People vs. Baes)
national unrest such as to prevent coup d’état.
(3) Act must be intentionally done to offend. (People vs.
(2) Clear and present danger rule – applied during
Nanoy)
times of peace. Stricter rule.
INTERRUPTION PROHIBITION, TUMULTS AND

SECTION 4: CRIMES AGAINST OF RELIGIOUS INTERRUPTION, OTHER
RELIGIOUS WORSHIP WORSHIP DISSOLUTION OF DISTURBANCES
ARTICLE 132 PEACEFUL ARTICLE 153
ART. 132. INTERRUPTION OF MEETINGS
RELIGIOUS WORSHIP ARTICLE 131
Public Officer Public Officer Private Person
ELEMENTS
a. Offender is a public officer or employee.

b. Religious ceremonies or manifestations of any
religion are about to take place or are going on.
c. Offender prevents or disturbs the same.

Prevents or Prohibits, Interrupts or Art. 148. Direct Assaults

disturbs interrupts or disturbs Art. 149. Indirect Assaults
religious dissolves a performances, Art. 150. Disobedience to summons issued by the
ceremonies and peaceful meeting functions or National Assembly, its committee or subcommittees, by
manifestations without legal gatherings or the Constitutional Commissions, its committees,
ground peaceful meetings subcommittees or divisions
Art. 151. Resistance and Disobedience to a Person in
(not included in 131
Authority or the Agents of Such Person
and 132)
Art. 152. Persons in Authority and Agents in Authority
CHAPTER FIVE: Public Disorders
Creates a serious
disturbance in a Art. 153. Tumults and Other Disturbances of Public
public place, office Order – Tumultuous Disturbance or Interruption Liable
to Cause Disturbance
or establishment
Art. 154. Unlawful Use of Means of Publication and
Unlawful Utterances
OFFENDING Art. 155. Alarms and Scandals
UNJUST VEXATION
RELIGIOUS FEELINGS Art. 156. Delivering Prisoners from Jail
ARTICLE 133 CHAPTER SIX: Evasion of Service of Sentence
Act done is notoriously Any act committed without
Art. 157. Evasion of Service of Sentence
offensive to the faithful violence, but which unjustifiably
Art. 158. Evasion of Service of Sentence on the Occasion
annoys or vexes an innocent person of Disorders, Conflagrations, Earthquakes, or Other
amounts to light coercion Calamities
Done with Intent to Committed against one specific Art. 159. Other cases of Evasion of Service of Sentence
offend the feelings of person CHAPTER SEVEN: Commission of another crime
the faithful during service of penalty imposed for another
previous offense
CRIMES AGAINST PUBLIC ORDER Art. 160. Commission of Another Crime During Service
of Penalty Imposed for Another Previous Offense
CHAPTER ONE: Rebellion, Coup d’etat, Sedition
and Disloyalty CHAPTER ONE: REBELLION, COUP
Section 1: Arbitrary detention and Expulsion D’ETAT, SEDITION AND DISLOYALTY
Art. 134. Rebellion or Insurrection
Art. 134-A. Coup d’etat
Art. 135. Penalty for Rebellion, Insurrection or Coup SECTION 1: ARBITRARY DETENTION AND
d’etat EXPULSION
Art. 136. Conspiracy and Proposal to Commit Coup
d’etat, Rebellion or Insurrection
Art. 137. Disloyalty of Public Officers or Employees
ART. 134. REBELLION OR INSURRECTION;
Art. 138. Inciting to Rebellion or Insurrection HOW COMMITTED
Art. 139. Sedition
Art. 140. Penalty for Sedition
DEFINITION
Art. 141. Conspiracy to Commit Sedition
Art. 142. Inciting to Sedition
CHAPTER TWO: Crimes against popular “REBELLION” A crime of masses, a vast movement of men
representation and a complex net of intrigues and plots where the object
Section 1: Crimes against legislative bodies sand of the movement is completely to overthrow and
similar bodies supersede the existing government.
Art. 143. Acts Tending to Prevent the Meeting of the
Assembly “INSURRECTION” A movement which seeks merely to
Art. 144. Disturbance of Proceedings
effect some change of minor importance, or to prevent the
Section 2: Violation of Parliamentary Immunity
exercise of government authority with respect to
Art. 145. Violation of Parliamentary Immunity
particular matters or subjects.
CHAPTER THREE: Illegal Assemblies and
Associations
Art. 146. Illegal Assemblies “TERRORISM” When a person commits rebellion or
Art. 147. Illegal Associations insurrection sowing and creating a condition of
CHAPTER FOUR: Assault upon, and resistance and widespread and extraordinary fear and panic to coerce the
disobedience to persons in authority and their government to give in to an unlawful demand.
agents

ELEMENTS
PERSON DEEMED LEADER OF REBELLION
a. There must be a public uprising and taking up arms IN CASE HE IS UNKNOWN:
against the Government;
b. Purpose of the uprising is political, either: Any person who in fact:
i. To remove from the allegiance to said (1) directed the others;
Government or its laws: (2) spoke for them;
● Territory of the Philippines or any part (3) signed receipts and other documents issued in
thereof; their name;
● Any body of land, naval or other armed (4) performed similar acts on behalf of the rebels.
forces.
ii. To deprive the Chief Executive or Congress, PERSONS LIABLE FOR REBELLION:
wholly or partially, any of their powers or
prerogatives. Any person who
(1) promotes;
REBELLION TREASON (2) maintains; or
ARTICLE 134 ARTICLE 114 (3) heads a rebellion or insurrection; or
Levying of war during Levying of war wen
time of peace performed to aid Any person who, while holding any public office or
Always involves the Done by mere adherence employment, takes part therein by:
taking up of arms to the enemy giving him (1) engaging in war against the forces of the
aid or comfort government;
NOTE: (2) destroying property or committing serious
• Hernandez Ruling (1956): Rebellion cannot be violence;
complexed with other crimes, such as murder and (3) exacting contributions or diverting public funds
arson. Rebellion in itself would include and absorb from the lawful purpose for which they have
the said crimes. been appropriated.
§ Common crimes involving killings or (4)
destruction or property, even though
ART. 134-A: COUP D’ ETAT
committed by rebels in furtherance of
rebellion shall bring about the complex crimes
ELEMENTS
of rebellion with murder/homicide, or
rebellion with robbery, or rebellion with arson
a. Offender is a person or persons belonging to –
• Enrile v. Salazar (1990): Expanded the Hernandez
i. the military or police; or
doctrine to prohibit the complexing of rebellion
ii. holding any public office or employment;
with other common crimes committed, both in
b. Committed swift attack, accompanied by violence,
furtherance of and on the occasion of rebellion.
intimidation, threat, strategy or stealth;
• Rebellion is a crime of masses. There must be
c. Directed against:
public uprising and the taking up of arms.
i. duly constituted authorities;
• Mere giving of aid or comfort is not criminal in the
ii. any military camp or installation;
case of rebellion. Merely sympathizing is not
iii. communication networks or public utilities,
participation, there must be actual participation.
other facilities needed for the exercise and
• A private crime may be committed during
continued possession of power.
rebellion. Examples: killing, possessions of d. Singly or simultaneously carried out anywhere in the
firearms, illegal association are absorbed. Philippines;
However, Rape, even if not in furtherance of e. Purpose of seizing or diminishing state power;
rebellion CANNOT be complexed. f. With or without civilian support or participation.
• If killing, robbing was done for private purposes or
for profit, without any political motivation, the
crime would be separately be punished and would
not be embraced by rebellion (People vs Fernando).

ART. 135. PENALTY FOR REBELLION, thousand pesos

(₱400,000)
INSURRECTION OR COUP D'ETAT (RA 10591, Sec. 6)
PERSONS LIABLE FOR REBELLION, INSURRECTION OR

ART. 137. DISLOYALTY OF PUBLIC
COUP D' ETAT
OFFICERS OR EMPLOYEES.
(1) THE LEADERS:
a. Any person who promotes, maintains or heads ELEMENTS
a rebellion or insurrection; or
b. Any person who leads, directs or commands a. Existence of rebellion;
others to undertake a coup d' etat; b. Offender must be a public officer or employee; and
c. In the absence of known leaders, any person c. Offender commits any of the following acts:
who in fact directed the others, spoke for i. fails to resist a rebellion by all means in their
them, signed receipts and other documents power;
issued in their name, as performed similar acts, ii. continues to discharge the duties of their
on behalf or the rebels. office under the control of the rebels; or
(2) THE PARTICIPANTS: iii. accepts an appointment to office under the
a. Any person who participates or executes the rebels.
commands of others in rebellion, insurrection NOTE:
or coup d' etat; • The crime presupposes the existence of rebellion
b. Any person not in the government service who • Offender must be a public officer or employee and
participates, supports, finances, abets or aids there must be a rebellion to be resisted.
in undertaking a coup d' etat. • Offender must not be in conspiracy with the rebels
(3) PRIVATE INDIVIDUALS supports, finances, abets or or coup plotters
aids in undertaking a coup d’etat. • If there are means to prevent the rebellion but the
officer did not resist, he becomes criminally liable
ART. 136. CONSPIRACY AND PROPOSAL for disloyalty. However, if there are no means to
TO COMMIT COUP D’ ETAT, REBELLION resist, the officer is at no fault.
OR INSURRECTION.
ART. 138. INCITING A REBELLION OR
CONSPIRACY TO COMMIT REBELLION: when two or INSURRECTION
more persons come to an agreement to rise publicly and
take arms against the government for any of the purposes ELEMENTS
specified and decide to commit it.
a. Offender does not take up arms or is not in open
PROPOSAL TO COMMIT REBELLION: when a person who hostility against the government
has decided to rise publicly and take arms against the b. Incites others to rise publicly and take arms against
government for any of the purposes specified, proposes its the government for any of the purposes of
execution to another person. rebellion; and
c. Inciting is done by means of speeches,
PENALTY proclamations, writings, emblems, banners or
CONSPIRACY CONSPIRACY CONSPIRACY other representations tending to the same end.
AND AND AND PROPOSAL
PROPOSAL TO PROPOSAL TO TO COMMIT PROPOSAL TO COMMIT INCITING TO
COMMIT COMMIT INSURRECTION
REBELLION REBELLION
COUP D’ETAT REBELLION
Person who proposes has Not a requirement that
prisión mayor Prisión prisión
in its minimum correccional in correccional in decided to commit the person who induces
period its maximum its medium rebellion another has decided to
period period commit rebellion himself
fine not Not exceed One fine not Proposal usually done The act of inciting is
exceeding One million pesos exceeding Four privately (only between done publicly by means
million pesos (₱1,000,000) hundred
the one who proposes and
(₱1,000,000).
another) or via secret of speeches, ART. 139. SEDITION

means proclamations, writings
ELEMENTS
a. Offenders rise –
Umil v. Ramos
i. publicly and
The crimes of rebellion, subversion, conspiracy or
ii. tumultuously (caused by more than 3-armed
proposal to commit such crimes constitute direct assaults
mean or provided with means of violence;
against the State and are in the nature of continuing
b. There is employment of force, intimidation, or other
crimes. The arrest of persons involved in these crimes is
means outside of legal methods
more an act of capturing them in the course of an armed
c. Offenders employ any of those means to attain any
conflict, to quell the rebellion, than for the purpose of
of the following objects:
immediately prosecuting them in court for a statutory
i. To prevent the promulgation or execution of
offense.
any law or the holding of any popular election;
ii. To prevent the national government or any
The absence of a judicial warrant is no legal impediment to
provincial or municipal government, or any
arresting or capturing persons committing overt acts of
public officer from exercising its or his
violence against government forces, or any other milder
function or prevent the execution of an
acts but equally in pursuance of the rebellious movement.
administrative order;
The arrest is thus impelled by the exigencies of the
iii. To commit, for any political or social end, any
situation that involves the very survival of society and its
act of hate or revenge against private persons
government and duly constituted authorities.
or any social classes;
iv. To commit, for any political or social end any
The act of urging all drivers and operators to go on
act of hate or revenge upon the person or
nationwide strike to force the government to give in to
property of any public officer or employee; or
their demands to lower the prices of spare parts,
v. To despoil for any political or social end, any
commodities, water and the immediate release from
person, municipality or province, or the
detention of the president of PISTON, and attending a
national government of all its property or any
gathering of drivers and sympathizers where he urged
part thereof.
“pagpapalaya sa ating pinuno na si Ka Roda hanggang sa
magkagulo na” constituted inciting to sedition.
TUMULTUOUS
People v. Lovedioro
In deciding if the crime committed is rebellion and not If caused by more than three persons who are armed or
murder, the Courts must ascertain whether or not the act provided with the means of violence. (Art. 163)
was done in furtherance of a political end. The political
motive of the act should be conclusively demonstrated, The purpose of this crime is not the overthrowing of the
and this burden must fall on the defense, motive being a government but the violation of public peace. Public
state of mind of the accused. Both purpose and overt acts uprising and an object of sedition must concur.
are essential components of the crime.
Under R.A. 8294 (Act Amending PD No. 1866 or the
Political motive should be established before a person Firearms Law), sedition absorbs the use of unlicensed
charged with a common crime can claim rebellion. If no firearm as an element thereof; hence, it is not an
such political motive is established and proved, the aggravating circumstance, and the offender can no longer
accused should be convicted of the common crime and not be prosecuted for illegal possession of firearm. (Boado,
of rebellion. Motive relates to the act, and mere Comprehensive Reviewer in Criminal Law)
membership in an organization dedicated to the
furtherance of rebellion would not, by and of itself, suffice. SEDITION REBELLION
ARTICLE 139 ARTICLE 134
Sole, unsupported, and vague testimony by the accused of There must be a public There must be a public
membership in a rebellious group is not sufficient proof. uprising – but there is no uprising – there is a war
war
Purpose: political or social Purpose: always political

If the uprising be for the If it be against the of sedition

attainment of a purpose government and for a b. He incites others to the accomplishment of any of the
enumerated in Art. 139 and purpose enumerated in acts which constitute sedition
accomplished by means of Art. 134, the crime is c. That the inciting is done by means of speeches,
force, intimidation or rebellion; proclamations, writing, emblems, cartoons, banners,
means outside of legal or other representations tending to the same end
methods. (purpose: cause commotion not exactly against the
government; actual disturbance not necessary)
It is Sedition when the
object of the uprising was DIFFERENT ACTS IN INCITING TO SEDITION
to inflict an act of hate or
revenge upon the persons (1) inciting others by means of speeches, proclamations,
of the policemen who were writings, emblems, cartoons, banners, or other
public officers or representations;
employees. (2) uttering seditious words or speeches which tend to
disturb or obstruct any lawful officer in executing
the functions of his office, instigate others to cabal
ART. 140. PENALTY FOR SEDITION. and meet together for unlawful purposes, suggest or
incite rebellious conspiracies or riots or lead or tend
PERSONS LIABLE to stir up the people against the lawful authorities;
(3) writing, publishing or circulating scurrilous (low,
(1) Leader of the sedition. vulgar, mean or foul) libels against the government
(2) Other person participating in the sedition. or any of the duly constituted authorities thereof,
which tend to disturb the public peace; or
PENALTY (4) knowingly concealing such evil practices; and
Under RA 10951, the leader of the sedition under Article 140
of the RPC shall suffer the penalty of prisión mayor in its Considering that the objective of sedition is to express
minimum period and pay a fine not exceeding ₱2,000,000. protest against the government and in the process
creating hate against public officers, any act that will
Other persons participating therein shall suffer the penalty
generate hatred against the government or a public officer
of prisión correccional in its maximum period and pay a
fine not exceeding ₱1,000,000. (RA 10951, Sec. 7) concerned or a social class may amount to Inciting to
Sedition.
The essence of seditious libel is its immediate tendency to

ART. 141. CONSPIRACY TO COMMIT stir up general discontent to the pitch of illegal courses or
SEDITION to induce people to resort to illegal methods in order to
redress the evils which press upon their minds. (Espuelas
ELEMENTS vs. People)
a. Agreement and decision to rise publicly; and PENALTY

b. For the purpose of attaining an object of sedition. 1. prisión correccional in its maximum period
2. fine not exceeding ₱400,000. (RA 10951, Sec. 9)
NOTE: There is no crime of Proposal to commit sedition.
PENALTY
CHAPTER TWO: CRIMES AGAINST
1. prisión correccional in its medium period POPULAR REPRESENTATION
SECTION 1: CRIMES AGAINST
LEGISLATIVE BODIES SAND SIMILAR
ART. 142. INCITING TO SEDITION
BODIES
ELEMENTS
a. The offender does not take a direct part in the crime

ART. 143. ACTS TENDING TO PREVENT PENALTY

1. penalty of arresto mayor
THE MEETING OF THE ASSEMBLY AND 2. fine from ₱40,000 to ₱200,000. (RA 10951, Sec. 11)
SIMILAR BODIES.
SECTION 2: VIOLATION OF
ELEMENTS PARLIAMENTARY IMMUNITY
a. There be a projected or actual meeting of the National

ART. 145. VIOLATION OF
Assembly or any of its committees or subcommittees,
constitutional committees or division thereof, or any PARLIAMENTARY IMMUNITY
provincial board or city or municipal council or board;
b. Offender who may be any person prevents such ACTS PUNISHABLE
meeting by force or fraud.
(1) By using force, intimidation, threats, or frauds to
NOTE: Any stranger, even if he be the municipal president prevent any member of Congress from –
himself or the chief of the municipal police, must respect A. attending the meeting of the assembly or any
the meeting of the municipal council presided over by the of its committees, constitutional commissions
vice president and he has no right to dissolve it through or committees or divisions thereof, or from
violence under the pretext of lack of notice to some B. expressing his opinions or
members of the council, which was not apparent, but C. casting his vote
required an investigation before it could be determined. ELEMENTS:
(People vs Alipit) a. That the offender uses force, intimidation,
threats or fraud
PENALTY b. That the purpose of the offender is to prevent
Under RA 10951, those persons who perform acts tending any member of the national assembly from –
to prevent the meeting of Congress and similar bodies, in i. Attending the meetings of the assembly
violation of Article 143 of the RPC, shall suffer the penalty
or of any of its subcommittees or
of prisión correccional and a fine ranging from ₱40,000 to
₱400,000, or both. (RA 10951, Sec. 10) ii. Expressing his opinion; or
iii. Casting his vote
(2) By arresting or searching any member thereof while
Congress is in a regular or special session, except in
ART. 144. DISTURBANCE OF
case such member has committed a crime punishable
PROCEEDINGS under the code by a penalty higher than prision mayor
ELEMENTS:
ELEMENTS a. That the offender is a public officer or
employee
a. There be a meeting of the National Assembly, its b. That he arrests or searches any member of
committees or subcommittees, constitutional Congress
commissions or committees or divisions thereof,
c. That Congress, at the time of arrest or search,
or of any provincial board or city or municipal
is in a regular or special session
council or board; and
d. That the member searched has not committed
b. The offender does any of the following acts:
a crime punishable under the code by a
i. disturbs any of such meetings;
penalty higher than prision mayor
ii. behaves so as to interrupt its proceedings
or to impair the respect due it, while in the
NOTE:
presence of such bodies.
• Parliamentary Immunity (Sec. 11. Article VI 1987
Constitution): It does not protect members from
NOTE:
responsibility before the legislative body itself
● One who disturbs the proceedings of the National
(Osmena Jr. vs Pendatun)
Assembly may also be punished for contempt by
• Offense punishable by penalty of prision
the Assembly (Lopex vs de los Reyes).
correcional (6months and 1day to 6years) or lower;
● The complaint for disturbance of proceedings may
Members of Congress are immune from arrest
be filed by a member of a legislative body (People
while congress is in session.
vs Lapid).
• Offense punishable by penalty of prision mayor
(6years and 1day to 12years) or higher; Legislator NOTE however that not all present at the meeting of the
may be arrested even while congress is in session. first form of illegal assembly must be armed.
Those who, by means of speeches, printed matter or other

NOTE: To be consistent with the 1987 Constitution,
means of representation, appear to have instigated the
the phrase “by a penalty higher than Prision Mayor”
proceeding are the leaders or organizers of the meeting.
in Art. 145 should be amended to read “by the
penalty of Prision Mayor or higher.”
RESPONSIBILITY OF PERSONS MERELY PRESENT
AT THE MEETING
CHAPTER THREE: ILLEGAL ASSEMBLIES (1) If they are not armed: Arresto Mayor;
AND ASSOCIATIONS (2) If they carry arms like bolos or knives, or licensed
firearms: Prision Correccional.
ART. 146. ILLEGAL ASSEMBLIES
IF ANY PERSON CARRIES UNLICENSED FIREARM:
(1) It is presumed that the purpose of the meeting
MEETING insofar as he is concerned, is to commit acts
A gathering or group, whether in a fixed place or moving. punishable under the Code; and
(2) He is considered as a leader or organizer of the
ILLEGAL ASSEMBLIES meeting.
(1) A meeting attended by armed persons for the
purpose of committing any of the crimes ART. 147. ILLEGAL ASSOCIATIONS
punishable under this Code.
Elements:
ILLEGAL ASSOCIATION
a. Meeting, gathering or group of persons
(1) Those totally or partially organized for the purpose
whether in a fixed place or moving
of committing any of the crimes punishable under
b. Purpose: to commit any of crimes
this Code; and
punishable under the code
(2) Those totally or partially organized for some
c. Attended by at least 4 armed persons
purpose contrary to public morals.
(2) A meeting in which the audience, whether armed
or not, is incited to the commission of the crimes
“PUBLIC MORALS” Acts that affect the interest of society
of treason, sedition or assault upon a person in
and public convenience. It is not confined to the limited
authority or his agent.
concept of “good customs” and covers a system of judicial
Elements:
precepts founded on human nature that regulate public
a. Meeting, gathering or group of persons
convenience.
whether in a fixed place or moving
b. Audience whether armed or not, is incited
It refers to acts that are in accordance with natural and
to the commission of the crime of treason, positive laws.
rebellion or insurrection, sedition or direct
assault.
PERSONS LIABLE
(1) The founders, directors and president; and
PERSONS LIABLE (2) The members
(1) The organizers or leaders thereof; (law imposes a

PENALTY
heavier penalty upon the organizers or leader) and 1. prisión correccional in its minimum and medium
(2) Those merely attending periods
Presumption: Where a person carries an unlicensed
firearm in said meeting:
a. That the purpose of the meeting as so far as he is ILLEGAL ASSEMBLY ILLEGAL
concerned, is to commit acts punishable under ARTICLE 146 ASSOCIATION
this Code; and ARTICLE 147
b. He shall be considered as the leader or organizer There is an actual meeting Not necessary that
of the meeting. there is a meeting

Act of forming or It is the meeting and iv. makes a serious resistance.

organizing and the attendance at such c. The person assaulted is a person in authority or his
membership in the that are punished agent.
association d. At the time of the assault the person in authority
Persons liable: leaders and Founders, directors, or his agent is engaged in the actual performance
those present president and of official duties (motive is not essential), or that he
members is assaulted by reason of the past performance of
Purpose is to commit May also include official duties (motive is essential).
felonies under the RPC; if crimes punishable e. The offender knows that the one he is assaulting is
not armed, individuals are under special laws. a person in authority or his agent in the exercise of
incited to commit treason, his duties.
rebellion, sedition or
assault upon a person in QUALIFIED DIRECT ASSAULT
authority or his agent.
(1) when the assault is committed with a weapon
(2) when the offender is a public officer or employee
CHAPTER FOUR: ASSAULT UPON, AND (3) when the offender lays hand upon a person in
authority
RESISTANCE AND DISOBEDIENCE TO
PERSONS IN AUTHORITY AND THEIR
When the person in authority or the agent provoked or
AGENTS attacked first, the innocent party is entitled to defend
himself and cannot be held liable for assault or resistance,
ART. 148. DIRECT ASSAULTS neither for physical injuries, because he acts in legitimate
self-defense.
FORMS OF DIRECT ASSAULT

DIRECT ASSAULT
1st form – Without public uprising, by employing force or
Intends to punish acts that are done in the spirit of
intimidation for attaining rebellion or sedition
lawlessness for the first form of direct assault, or contempt
or hatred for the authority or the rule of law in the second
ELEMENTS
form of direct assault.
a. That the offender employs force or intimidation.
b. That the aim of the offender is to attain any of the
The only time when it is not complexed with material
purposes of the crime of rebellion or any of the
objects of the crimes of sedition. consequence is a light felony, that is, slight physical injury.
c. That there is no public uprising
● It is not necessary that the offended party in Direct assault absorbs the lighter felony; the crime of
the first form be a person in authority or his direct assault cannot be separated from the material result
agent. The stature of the offended person is of the act.
immaterial. The crime is manifested by the
spirit of lawlessness. DURING: DIRECT ASSAULT
● Accused prevents by force, the holding of a It is enough that the offender knew that the person in
popular election in certain precincts, authority was performing an official function whatever
without public uprising. may be the reason for the attack, although what may have
happened was a purely private affair.
2nd form - Without public uprising, by attacking, by
employing force, or by seriously intimidating or seriously May simply be the material consequence of the unlawful
resisting any person in authority or his agents, while act of murder or homicide.
engaged in the performance of official duties
For the crime to be direct assault, the attack must be by
reason of his official function in the past. Hence, it is not
ELEMENTS:
necessary that the person in authority or his agent is in the
a. There is no public uprising
actual performance of his official duty when attacked or
b. Offender –
seriously intimidated.
i. makes an attack;
ii. employs force
iii. makes a serious intimidation, or
There can be no direct assault upon or disobedience to one being an agent of a person in authority under Art.
authority by another when they both contend in the 152, par. 2. Hence, the crime is also not direct
exercise of their respective duties. assault; the person attacked not being an agent of
a person in authority.
Two kinds of assault in the second form:
• Simple PENALTY
1. prisión correccional in its minimum and medium
• Qualified
periods
DIRECT ASSAULT WITH
MURDER/HOMICIDE
MURDER/HOMICIDE
A judge was killed while The offender killed the ART. 150. DISOBEDIENCE TO SUMMONS
walking home, because judge because the judge is
ISSUED BY CONGRESS, ITS COMMITTEES
of an unpaid debt. so strict in the fulfillment of
his duty. OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
PENALTY COMMITTEES, SUBCOMMITTEES OR
Under RA 10951, those who commit direct assaults under
Article 148 of the RPC shall be liable to pay a fine not DIVISIONS.
exceeding ₱200,000, when the assault is committed with a
weapon or when the offender is a public officer or ACTS PUNISHED
employee, or when the offender lays hands upon a person
in authority. If none of these circumstances are present, a (1) By refusing, without legal excuse, to obey
fine not exceeding ₱100,000 shall be imposed. (RA 10951,
summons of Congress, its special or standing
Sec. 13)
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or
ART. 149. INDIRECT ASSAULTS
divisions, or by any commission or committee
chairman or member authorized to summon
ELEMENTS
witnesses;
(2) By refusing to be sworn or placed under
a. A person in authority or his agent is the victim of any
affirmation while being before such legislative or
of the forms of direct assault defined in Article 148;
constitutional body or official;
b. A person comes to the aid of such authority or his
(3) By refusing to answer any legal inquiry or to produce
agent; and
any books, papers, documents, or records in his
c. Offender makes use of force or intimidation upon
possession, when required by them to do so in the
such person coming to the aid of the authority or his
exercise of their functions;
agent.
(4) By restraining another from attending as a witness in
such legislative or constitutional body; or
NOTE: (5) By inducing disobedience to a summons or refusal to
• There is no indirect assault when there is no direct be sworn by any such body or official.
assault.
• Due to the amendment of Article 152, without the
NOTE:
corresponding amendment in Article 150, the
• The National Assembly is now the Congress of the
crime of indirect assault can only be committed
Philippines, consisting of the Senate and the House
when assault is upon a civilian giving aid to an
of Representatives.
agent of the person in authority. He does not
• Power of inquiry, with process to enforce it, is an
become another agent of the person in authority.
essential and appropriate auxiliary to the
legislative functions
Illustration:
• But when the investigation is for the purpose of
• It is not indirect assault if a private individual who
passing a legislative measure, such investigation
is aiding a policeman in making a lawful arrest is
comes under the province of the committee of the
attacked by the person to be arrested. This is
House or Senate.
because the policeman who is being aided is not a
• Any of the acts punished by Art. 150 may also
victim of direct assault.
constitute contempt of the National Assembly.
• The private individual in such a case is not coming
• Only disobedience without legal excuse is
to the aid of a person in authority, the policeman
punishable (Arnault v. Nazareno) assaulted by reason

• Art. 150 may not apply when the papers or thereof.
documents may be used in evidence against the
owner thereof, because it would be equivalent to
Committed only by (The 2nd form) is
compelling him to be witness against himself (Uy
resisting or seriously committed in four ways: 1)
Kheytin v. Villareal).
disobeying a person in attacking, 2) employing
PENALTY authority or his agent. force, 3) seriously
Under RA 10951, those who refuse, without legal excuse, to intimidating, 4) seriously
obey a summons issued by Congress, its committees or resisting a person in
subcommittees, by the Constitutional Commissions, its authority or his agent.
committees, subcommittees or divisions, under Article 150
of the RPC, shall suffer the penalty of arresto mayor or (Against an agent) There is (Against an agent) The
liable to pay a fine ranging from ₱40,000 to ₱200,000. (RA force employed, but the use attack or employment of
10951, Sec. 15) of force in resistance is not force which gives rise to
so serious, as there is no the crime of direct assault
manifest intention to defy must be serious and
ART. 151. RESISTANCE AND the law and the officers deliberate; otherwise,
DISOBEDIENCE TO A PERSON IN enforcing it. even a case of simple
resistance to an arrest,
AUTHORITY OR THE AGENTS OF SUCH which always requires the
PERSON use of force of some kind,
would constitute direct
ELEMENTS OF RESISTANCE AND SERIOUS assault and the direct
DISOBEDIENCE, 1ST PARAGRAPH assault and the lesser
offense of resistance or
a. A person in authority or his agent is disobedience in Art. 151
engaged in the performance of official duty or would entirely disappear.
gives a lawful order to the offender;
If NO force is employed by When the one resisted is
b. Offender resists or seriously disobeys such person
the offender in resisting or a person in authority, the
in authority or his agent;
disobeying a person in use of any kind or degree
c. The act of the offender is not included in the
authority, the crime of force will give rise to
provision of Articles148, 149 and 150.
committed is resistance or direct assault.
serious disobedience
ELEMENTS SIMPLE DISOBEDIENCE, 2ND PARAGRAPH under the first paragraph
of Art. 151.
a. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order Intent is to defy the Intent is to defy the law
to the offender; authorities
b. Offender disobeys such agent of a person in
authority; NOTE:
c. Such disobedience is not of a serious nature. • The act of lying on the road and refusing, despite the
order of the PC Major to get out therefrom,
The order given must be lawful; otherwise, the resistance constitutes the crime of simple disobedience.
is justified. When the attack or employment of force is not • Picketing may be considered a nuisance if it
deliberate, the crime is only resistance or disobedience. constitutes an obstruction to the free use of
property so as substantially to interfere with the
RESISTANCE / SERIOUS comfortable enjoyment of life or property, or if it
DIRECT ASSAULT
DISOBEDIENCE constitutes an unlawful obstruction to the free
ARTICLE 148 passage or use, in the customary manner, of a street.
ARTICLE 151
The person in authority or The person in authority or • No peaceful picketing (People vs Macapuno).
his agent must be in actual his agent must be • The accused bit a policeman on the right forearm
performance of his duties. engaged in the and gave him a blow in another part of the body,
performance of official which severely injured the policeman, and it required
duties or that he is two policemen to subdue him. He was guilty of
resistance and serious disobedience (People vs barangay officials and members who may be designated by
Veloso). law or ordinance and charged with the maintenance of
• An attack or employment of force considered only as public order, protection and the security of life, property,
or the maintenance of a desirable and balanced
resistance or serious disobedience When the attack
environment, and any barangay member who comes to the
or employment of force was not serious and aid of persons in authority shall be deemed agent of
deliberate and was only done to resist and not to persons in authority.”
purposely injure the person in authority or his agent.
(People v. Cauan)
CHAPTER FIVE: PUBLIC DISORDERS
PENALTY
Under RA 10951, those who resist or disobey any person in
authority, or the agents of such person, while engaged in THE CRIMES CLASSIFIED UNDER PUBLIC
the performance of official duties, under Article 151 of the DISORDERS:
RPC, shall be liable to pay a fine not exceeding ₱100,000. (1) Tumults and other disturbances of public order.
If the disobedience is not serious in nature, the fine shall (Art. 153)
range from ₱2,000 to ₱20,000. (RA 10951, Sec. 16) (2) Unlawful use of means of publication and unlawful
utterances. (Art. 154)
(3) Alarms and scandals. (Art. 155)
ART. 152. PERSONS IN AUTHORITY AND
(4) Delivering prisoners from jails. (Art. 156)
AGENTS OF PERSONS IN AUTHORITY;
WHO SHALL BE DEEMED AS SUCH. ART. 153. TUMULTS AND OTHER
DISTURBANCE OF PUBLIC ORDERS;
PERSONS IN AUTHORITY
TUMULTUOUS DISTURBANCE OR
Any person directly vested with jurisdiction, whether as an INTERRUPTION LIABLE TO CAUSE
individual or as a member of some court or governmental DISTURBANCE.
corporation, board or commission:
(1) Barangay captain ACTS PUNISHED
(2) Barangay chairman
(3) Teachers (1) Causing any serious disturbance in a public place,
(4) Professors office or establishment;
(5) Persons charged with the supervision of public or (2) Interrupting or disturbing performances, functions or
duly recognized private schools, colleges and gatherings, or peaceful meetings, if the act is not
universities included in Articles 131 and 132;
(6) Lawyers in the actual performance of their (3) Making any outcry tending to incite rebellion or
professional duties or on the occasion of such sedition in any meeting, association or public place;
performance (4) Displaying placards or emblems which provoke a
disturbance of public order in such place; and
AGENT OF PERSON IN AUTHORITY (5) Burying the pomp the body of a person who has been
legally executed.
Any person who, by direct provision of law/by
election/appointment by competent authority, is charged The essence is creating public disorder. The crime is
with the maintenance of public order and protection and brought about by creating serious disturbances in public
security of life and property: places, public buildings, and even in private places where
(1) Barrio councilman public functions or performances are being held.
(2) Barrio policeman
(3) Barangay leader If the act of disturbing or interrupting a meeting or
(4) Any person who comes to the aid of persons in religious worship is committed by a private individual, or
authority even by a public officer, but he is a participant in the
meeting or religious worship which he disturbs or
Section 388 of the Local Gov’t Code: interrupts, Art. 153, not Art. 131 or 132 (which punish the
“For purposes of the RPC, the punong barangay, same acts if committed by public officers who are not
sangguniang barangay members and members of the
participants in the meeting or religious worship), is
lupong tagamapayaan in each barangay shall be deemed
as persons in authority in their jurisdictions, while other applicable.

If done unconsciously or without intent to incite the endanger the public order, or cause damage to the
listeners to rise to sedition or rebellion, this article applies. interest or credit of the State;
(2) Any person who by the same means, or by words,
The “serious disturbance” in the first act punished must be utterances or speeches shall encourage disobedience
planned or intended. to the law or to the constituted authorities or praise,
justify, or extol any act punished by law;
The penalty next higher in degree shall be imposed upon (3) Any person who shall maliciously publish or cause to
persons causing any disturbance of a tumultuous be published any official resolution or document
character. without proper authority, or before they have been
published officially; or
It is “tumultuous” if caused by more than three persons (4) Any person who shall print, publish, or distribute or
who are armed or provided with means of violence. cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear
“Armed” does not refer to bearing firearms but includes the real printer's name, or which are classified as
even big stones, anything that is capable of causing grave anonymous.
injury.
Actual public disorder or actual damage to the credit of the
“Outcry” means shouting provocative or subversive words State is not necessary. The mere possibility of causing such
tending to stir up the people to obtain, by means of force danger or damage is sufficient.
or violence, any of the objects of rebellion or sedition.
The offender must know that the news is false. If the
If a convict legally put to death is buried with pomp, it is offender does not know that the news is false, he is not
also disturbance of public order. He should not be made liable under this article, there being no criminal intent on
out as a martyr, as it might incite others to hatred. his part.
The one who fired the submachine gun committed two If there is no possibility of danger to the public order or of
offenses: causing serious disturbance in a public place, the causing damage to the interest or credit of the state then
people present becoming panicky and terrified, and Art. 154 is not applicable.
serious physical injuries through reckless imprudence),
although they arose from the same act of the offender. Example: Defendant distributed leaflets urging the people
(People vs. Bacolod, 1951) to disobey and resist the execution of that portion of the
National Defense Act requiring compulsory training.
PENALTY
Under RA 10951, those who cause any serious disturbance The crime is not inciting to sedition. The acts charged
in a public place, office or establishment, or shall interrupt which are subversive in nature fall under paragraph 2 of
or disturb public performances, functions or gatherings or Art. 154. (People vs. Arogante)
peaceful meetings, under Article 153 of the RPC, shall be
liable to pay a fine not exceeding ₱200,000. RA No. 248 prohibits the reprinting, reproduction or
republication of government publications and official
A fine not exceeding ₱40,000 shall be imposed upon these documents without previous authority.
person who in violation of the provisions contained in the
last clause of Article 85, shall bury with pomp the body of PENALTY
a person who has been legally executed. (RA 10951, Sec. 17) 1. arresto mayor; AND
2. fine ranging from ₱40,000 to ₱200,000. (RA 10951, Sec.
ART. 154. UNLAWFUL USE OF MEANS OF 18)
PUBLICATION AND UNLAWFUL

ART. 155. ALARMS AND SCANDALS
UTTERANCES
ACTS PUNISHED
ACTS PUNISHED
(1) Discharging any firearm, rocket, firecracker, or other
(1) Any person who by means of printing, lithography, or explosives within any town or public place calculated
any other means of publication shall publish or cause to cause alarm or danger;
to be published as news any false news which may

(2) Instigating or taking active part in any charivari or PENALTY

other disorderly meeting offensive to another or 1. arresto menor; or
prejudicial to public tranquility. 2. fine not exceeding ₱40,000. (RA 10951, Sec. 19)
(3) Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal ART. 156. DELIVERY OF PRISONER
amusement;
FROM JAILS
(4) Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided the act is not
ELEMENTS
covered by Art 153 (tumult)
a. There is a person confined in a jail or penal

In the first act punished, the discharge of the firearm
establishment; and
should not be aimed at a person; otherwise the offence
b. Offender removes therefrom such person or helps
would fall under Art. 254, punishing the discharge of
the escape of such person.
firearm.
The person confined may be a mere detention prisoner. Of

Mere discharge of firearm towards another with intent to
course, the prisoner may also be by final judgment.
kill already amounts to attempted homicide or attempted
murder or attempted parricide. It cannot be frustrated
because the offended party is not mortally wounded. A hospital or asylum is considered an extension of the
penal institution.
It is the result, not the intent that counts. The act must
produce arm or danger as a consequence. The offender is usually an outsider. But the provision does
not exclude public officers, therefore, offenders may be
In the opinion of Viada, (3 Viada, Codigo Penal, 4th Ed.) this private persons or public officers.
article does not apply for firecrackers and rockets
discharged during fiestas or festive occasions. Violence, intimidation or bribery is not necessary, but if
such was employed, the penalty is higher.
Even if the persons involved are engaged in nocturnal
activity like those playing patintero at night, or selling Correlate the crime of delivering persons from jail with
balut, if they conduct their activity in such a way that infidelity in the custody of prisoners punished under
disturbs public peace, they may commit the crime of Articles 223, 224 and 225.
alarms and scandals.
The crime under Art. 156 is committed by a public officer
Scandal here does not refer to moral scandal, as that one when he is not the custodian of the prisoner at the time
is grave scandal in Art. 200. The essence of the crime is the prisoner was made to escape.
disturbance of public tranquility.
If the public officer has the custody of the prisoner when
such prisoner escaped he is liable under Art. 223 for
“CHARIVARI” A mock serenade wherein the supposed
Infidelity in the custody of a prisoner.
serenaders use broken cans, broken pots, bottles or other
utensils, creating discordant notes. It is actually producing
If the accused removed from jail or penal establishment a
noise, not music.
person confined therein or helped the latter’s escape by
means of violence, intimidation, or bribery, the penalty is
If the annoyance is intended for a particular person, the
higher. Hence, it is not an element of the offense.
crime is unjust vexation.
The act of a person who hurled a general insult at DELIVERY OF PRISONERS INFIDELITY IN THE
everybody, there being 30 persons in the hall, and FROM JAILS CUSTODY OF
challenged the owner of the billiard hall to a fight, causing ARTICLE 156 PRISONERS
commotion and disorder so that the billiard game had to
be stopped momentarily, constitutes merely a violation of Any person – private Any person – private
Art. 155, part. 4, not of Art. 153. While the billiard hall is a citizen and public officer citizen and public
public place, there was no serious public disorder. (People officer
vs. Gangay)

THREE KINDS OF EVASION OF THE SERVICE OF THE

Helps convict or detention Helps convict or
prisoner detention prisoner SENTENCE
Offender is NOT THE Offender has CUSTODY (1) Evasion of service of sentence by escaping during the
CUSTODIAN of the of the prisoner at the term of his sentence. (Art. 157)
prisoner or not at the time time of escape (2) Evasion of service of sentence on the occasion of
the prisoner was made to disorders. (Art. 158)
escape (3) Other cases of evasion of service of sentence, by
violating the conditions of conditional pardon. (Art.
May be held an accessory May be held an 159)
accessory
ART. 157. EVASION OF SERVICE OF
LIABILITY OF THE PRISONER OR DETAINEE WHO SENTENCE
ESCAPED
ELEMENTS
1. CONVICT SERVING SENTENCE BY FINAL
JUDGMENT a. Offender is a convict by final judgment;
The crime of evasion of service of sentence is b. He is serving sentence, which consists in the
committed by the prisoner who escapes, if such deprivation of liberty; and
prisoner is a convict serving sentence by final c. He evades service of his sentence by escaping during
judgment. the term of his imprisonment.
2. ONLY A DETENTION PRISONER
If the prisoner who escapes is only a detention QUALIFYING CIRCUMSTANCES AS TO PENALTY
prisoner, he does not incur liability from escaping if IMPOSED
he does not know of the plan to remove him from jail.
But if he knows and cooperates therein by escaping, If such evasion or escape takes place –
he himself becomes liable for delivering prisoners (1) By means of unlawful entry;
from jail as a principal by indispensable cooperation. (2) By breaking doors, windows, gates, walls, roofs, or
3. IF THREE PERSONS ARE INVOLVED floors;
A stranger, the custodian and the prisoner – three (3) By using picklock, false keys, disguise, deceit,
crimes are committed: violence or intimidation; or
• Infidelity in the custody of prisoners; (4) Through connivance with other convicts or
• Delivery of prisoners from jail; and employees of the penal institution.
• Evasion of service of sentence.
The crime of evasion of service of sentence can be
The person who substituted for a prisoner by taking his committed only by a convict of final judgment. If the
place in jail is liable under this article because the removal accused escaped while the sentence of conviction was
of the prisoner from jail is by other means, that is, by under appeal, he is not liable under Art. 157, the judgment
deceit. not having been final, and this is true even if his appeal was
later dismissed because he had escaped. (Curiano vs. CFI)
A policeman assigned to the city jail as a guard, who, while
he was off duty, brought recently released prisoner inside Art. 157 is not applicable in sentence executed by
the jail to substitute for a detention prisoner who he later deportation because the convict was not sentenced to
on brought out of jail, returning said prisoner inside the jail imprisonment. Art. 157 is applicable in destierro because
after 5 hours, may be held liable under this crime. (People destierro is a deprivation of liberty, though partial.
vs. Del Barrio (CA, 60 OG 3908))
In leaving or escaping from jail or prison, that the prisoner
CHAPTER SIX: EVASION OF SERVICE OF immediately returned is immaterial.
SENTENCE
His voluntary return may only be mitigating, being
analogous to voluntary surrender. But the same will not
absolve his criminal liability.

Detention prisoners are not convicts by final judgment penalty is based on the remaining period of sentence, not
since they are only detained pending the investigation or on the original sentence.
the trial of the case against them.
But if the prisoner decided to stay despite the chance to
On unlawful entry: The crime is committed is qualified if evade, he will not be entitled for the 1/5 deduction.
committed by climbing or scaling the wall, as the Spanish
text uses the word “escalamiento.” ART. 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
The appellant is guilty of evasion of service of sentence, in
that during the period of his sentence of destierro by
ELEMENTS
virtue of final judgment wherein he was prohibited from
entering the City of Manila, he entered said city. (People
a. Offender was a convict;
vs. Abilong)
b. He was granted pardon by the Chief Executive; and
c. He violated any of the conditions of such pardon.
ART. 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF CONDITIONAL PARDON IS A CONTRACT
DISORDER, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES A conditional pardon is a contract between the Chief
Executive, who grants the pardon and the convict, who
accepts it. Since it is a contract, the pardoned convict is
ELEMENTS
bound to fulfill its conditions and accept all its
consequences, not as he chooses, but according to its
a. Offender is a convict by final judgment who is
strict terms. (People vs. Pontillas, 1938)
confined in a penal institution;
b. There is disorder, resulting from –
i. Conflagration; TWO PENALTIES ARE PROVIDED FOR IN THIS ARTICLE
ii. Earthquake;
iii. Explosion; or (1) Prison correccional in its minimum period- if the
iv. Similar Catastrophe; or penalty remitted does not exceed 6 years.
v. Mutiny in which he has not participated; (2) The unexpired portion of his original sentence- if
c. He evades the service of his sentence by leaving the penalty is higher than 6 years.
the penal institution where he is confined, on the
occasion of such disorder or during mutiny; and The violation of a conditional pardon is a distinct crime.
d. He fails to give himself up to the authorities within The violation of a conditional pardon is committed in the
48 hours following the issuance of proclamation by place where the subsequent offence is perpetuated.
the Chief Executive announcing the passing away
of such calamity. The court cannot require the convict to serve the
unexpired portion of his original sentence, if it does not
Although Art. 158 is silent, it is required that the convict exceed six years. Article 159 does not provide that the
must be one by final judgment, because only a convict by accused shall serve such. The remedy is left to the
final judgment can “evade the service of his sentence”. President who has the authority to recommit him to serve
the unexpired portion of his original sentence.
The leaving from the penal establishment is not the basis
of criminal liability, but the failure to return within 48 In violation of a conditional pardon, as a rule, the violation
hours after the passing of the calamity, conflagration or will amount to this crime only if the condition is violated
mutiny had been announced. during the remaining period of the sentence.
Those who return within 48 hours are given credit or Under Art. 159, when the sentence remitted by the
deduction from the remaining period of their sentence conditional pardon does not exceed six years, the penalty
equivalent to 1/5 of the original term of the sentence not of the grantee who violates any of the conditions of such
to exceed 6 months. pardon is prison correccional in its minimum period. It is
only when the penalty remitted by the pardon is higher
But if the prisoner fails to return within said 48 hours, an than 6 years that the convict shall then suffer the
added penalty, also 1/5 shall be imposed, but the 1/5 unexpired portion of his original sentence. Since destierro
has a duration of 6 months and 1 day to 6 years, under no
circumstance may the penalty for violation of the When he is a habitual criminal, a quasi-recidivist may not
conditional pardon be destierro. be pardoned even if he has reached the age of 70, and
already served out his original sentence.
In the case of People vs. Jose (1945), Violation of the
conditional pardon is not substantive offense because the Quasi Habitual Quasi Habitual
penalty imposed for such violation is the unexpired Recidivism Delinque Recidivis Delinque
portion of the punishment in the original sentence. ncy m ncy
Crimes Convicted Convicte Crimes Convicted
committ of a felony d thrice committed of a
CHAPTER SEVEN: COMMISSION OF
ed or offense of the felony or
ANOTHER CRIME DURING SERVICE OF
by final crimes offense
PENALTY IMPOSED FOR ANOTHER judgment. specified: by final
OFFENSE judgment.
Period of Within 10
ART. 160. COMMISSION OF ANOTHER time the years
CRIME DURING SERVICE OF PENALTY crimes from his
are last
IMPOSED FOR ANOTHER OFFENSE release
committ
ed. or
ELEMENTS convictio
n
a. Offender was already convicted by final judgment Number Commits a Guilty The The
of one offense; felony the third second previous
of
b. He committed a new felony before beginning to before or time or conviction and
crimes
serve such sentence or while serving the same. while oftener. for an subseque
committ
ed. serving offense nt
The second crime must be a felony. But the first crime for sentence. embraced offenses
which the offender is serving sentence need not be a in the must
felony. Thus, if a prisoner serving sentence for one crime same title NOT be
is found to be in possession of a firearm without a license, of this embraced
this article does not seem to apply because the law Code. in the
punishing illegal possession of firearm is a special law. same title
of the
The new offense need not be of different character from Code.
that of the former offense.
Their Special An If not Not
effects Aggravatin additiona offset by always an
Quasi-recidivism is a special aggravating circumstance g; Max l penalty any aggravati
where a person, after having been convicted by final Penalty. shall be mitigating ng
judgment, shall commit a new felony before beginning to imposed. circumsta circumsta
serve such sentence, or while serving the same. nce, nce.
increase
He shall be punished by the maximum period of the the
penalty prescribed by law for the new felony. penalty
only to the
The special aggravating circumstance of quasi-recidivism maximum.
cannot be offset by any ordinary mitigating circumstance
because Art. 160 specifically provides that the offender
“shall be punished by the maximum period of the penalty
prescribed by law for the new felony.”
But if he is a minor under 16, the penalty can be lowered

by at least one degree. Minority is a privileged mitigating
circumstance.

CRIMES AGAINST PUBLIC INTEREST Art. 182. False testimony in civil cases
Art. 183. False testimony in other cases and perjury in
The crimes in this title are in the nature of fraud or falsity solemn affirmation
Art. 184. Offering false testimony in evidence
to the public. Deceit perpetrated upon the public is the act
CHAPTER THREE: Frauds
being punished.
Section 1: Machinations, monopolies and combinations
Art. 185. Machinations in public auctions
CHAPTER ONE: Forgeries
Art. 186. Monopolies and combinations in restraint of
Section 1: Forging the Seal of the Government of the trade
Philippine Islands, the Signature or Stamp of the Chief
Section 2: Frauds in Commerce and Industry
Executive
Art. 187. Importation and disposition of falsely marked
Art. 161. Counterfeiting the great seal of the Government articles or merchandise made of gold, silver, or other
of the Philippine Islands, forging the signature or stamp precious metals or their alloys
of the Chief Executive Art. 188. Subsisting and altering trade-mark, trade-
Art. 162. Using forged signature or counterfeit seal or names, or service marks
stamp
Art. 189. Unfair competition, fraudulent registration of
Section 2: Counterfeiting Coins trade-mark, trade-name or service mark, fraudulent
Art. 163. Making and Importing and Uttering False Coins designation of origin, and false description
Art. 164. Mutilation of Coins
Art. 165. Selling of False or Mutilated Coin, Without
Connivance
CHAPTER ONE: FORGERIES
Section 3: Forging treasury or bank notes, obligations
and securities; importing and uttering false or forged
SECTION 1: FORGING THE SEAL OF THE
notes, obligations and securities
Art. 166. Forging treasury or bank notes on other GOVERNMENT OF THE PHILIPPINE
documents payable to bearer; importing, and uttering ISLANDS, THE SIGNATURE OR STAMP
such false or forged notes and documents OF THE CHIEF EXECUTIVE
Art. 167. Counterfeiting, importing and uttering
instruments not payable to bearer
Art. 168. Illegal possession and use of false treasury or ART. 161. COUNTERFEITING THE GREAT
bank notes and other instruments of credit SEAL OF THE GOVERNMENT OF THE
Art. 169. How forgery is committed
PHILIPPINE ISLANDS, THE SIGNATURE
Section 4: Falsification of legislative, public,
commercial, and private documents, and wireless, OR STAMP OF THE CHIEF EXECUTIVE
telegraph, and telephone message
Art. 170. Falsification of legislative documents
ACTS PUNISHED
Art. 171. Falsification by public officer, employee or
notary or ecclesiastic minister (1) Forging the great seal of the Government of the
Art. 172. Falsification by private individual and use of Philippines;
falsified documents (2) Forging the signature of the President;
Art. 173. Falsification of wireless, cable, telegraph and • Counterfeiting, or making an imitation of the
telephone messages, and use of said falsified messages signature of the Chief Executive on what is
Section 5: Falsification of medical certificates, made to appear as an official document.
certificates of merit or services and the like
• If the signature was placed in a blank
Art. 174. False medical certificates, false certificates of
document, and the document was written
merits or service, etc.
Art. 175. Using false certificates above it, then it is not punishable under Art.
Section 6: Manufacturing, importing and possession of 161. but Art. 171 or 172.
instruments or implements intended for the (3) Forging the Stamp of the President.
commission of falsification • Custody of the great seal of the Government
Art. 176. Manufacturing and possession of instruments or of the Philippines:
implements for falsification • Sec. 19 of the Revised Administrative Code:
CHAPTER TWO: Other Falsifications The Great Seal shall remain in the custody of
Section 1: Usurpation of authority, rank, title, and
the President and shall be affixed to or placed
improper use of names, uniforms and insignia
upon all commissions signed by him, other
Art. 177. Usurpation of authority or official functions
Art. 178. Using fictitious name and concealing true name official documents and papers, or as may be
Art. 179. Illegal use of uniforms or insignia required by custom and usage.
Section 2: False testimony
Art. 180. False testimony against a defendant
Art. 181. False testimony favorable to the defendants
ART. 162: USING FORGED SIGNATURE OR ● Guarantee of the State: that the currency is backed up
by something of value.
COUNTERFEIT SEAL OR STAMP
KINDS OF COINS THE COUNTERFEITING
ELEMENTS
OF WHICH IS PUNISHED
a. The great seal of the Republic was counterfeited, or

(1) Silver coins of the Philippines or coins of the
the signature or stamp of the Chief Executive was
Central Bank of the Philippines;
forged by another person;
(2) Coins of the minor coinage of the Philippines or of
b. Offender knew of the counterfeiting or forgery;
the Central Bank of the Philippines;
c. Used the counterfeit seal or forged signature or
(3) Coin of the currency of a foreign country.
stamp.
• Offender under this article should not be the
Counterfeiting demonetized coins is still punishable. The
forger, he only uses the forged effects.
intent of legislature in punishing the counterfeiting of
• If the offender is the forger, Art. 161 will apply.
coins is not alone the harm caused to the public by the fact
• Although the general rule is that he should be
that a counterfeit may go into circulation, but the danger
punished by a penalty of two degrees lower,
that a counterfeiter produces by his stay in the country,
under Article 162 he is punished by a penalty
and the possibility that he may later apply his trade to the
only one degree lower.
making of coins in actual circulation. (People vs. Kong
Leon)
SECTION 2: COUNTERFEITING COINS
Counterfeiting of coins or blank notes which are not
current is not an offense; the reason for such a rule is that
ART. 163: MAKING AND IMPORTING
no person is defrauded if the coin is not in circulation.
AND UTTERING FALSE COINS However, in this case, collectors were to be defrauded as
the purpose of fabrication appeared to be the sale of such
ELEMENTS coins to the Moros who valued them as relics or rare
objects. (People vs. Kong Leon)
a. Existence of false or counterfeited coins;
b. Offender made or imported or uttered such coins; Whether it is the currency of the Philippines or the United
c. In case of uttering such false coins, he connived States, or any other foreign country, it will still be
with counterfeiters or importers. punishable (for acts described in Art. 163) as what is
intended to be protected are not only the coins but also
COIN the public in general (People v. Tin Ching, 90 Phil. 870).
Piece of metal stamped with certain marks and made
current at a certain value. PENALTY
Under RA 10951, those who import or utter false coins, in
COUNTERFEITING connivance with counterfeiters or importers under Article
The imitation of a design of a legal or genuine coin. 163 of the RPC, as amended by RA 4202, shall suffer
imprisonment of Prisión correccional in its minimum and
COUNTERFEIT COIN medium periods and pay a fine not exceeding ₱400,000, if
● Not authorized by the government as legal tender, the counterfeited coins be any of the coinage of the
regardless of its intrinsic value. Philippines.
● There is counterfeiting when a spurious coin is made.
There must be an imitation of the peculiar design of a If the counterfeited coin be currency of a foreign country,
genuine coin. (US vs. Basco, 6 PHIL 110) Prisión correccional in its minimum period and a fine
amounting to ₱200,000 shall be imposed. (RA 10951, Sec.
IMPORTATION
20 )
● The bringing of fake coins into port.
● Importation is complete before entry at the Customs
House. (US vs. Lyman, 26 Fed. Cas. 1024)
● To utter is to pass counterfeited coins, including their
delivery or the act of giving them away. (Decisions of
the Supreme Court of Spain of January 11, 1913)
ART. 164: MUTILATION OF COINS; (2) Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
IMPORTATION AND UTTERANCE OF
● As distinguished from Art. 164, there is no
MUTILATED COINS connivance required in Art. 165.
● If the coin was a false coin, such acts described
ACTS PUNISHED in Art. 165 is still punishable, even if the false coin
was not of legal tender. But, if it was a mutilated
(1) Mutilating coins of the legal currency, with the coin, it must be of legal tender for such acts to
further requirement that there be intent to damage be punishable under Art. 165.
or to defraud another; ● The offender must not be the counterfeiter.
• Requirement that the mutilation be done on ● If counterfeiter/mutilator is found in possession
coin that is legal currency. (People vs Tin of the coins, the offense of counterfeiting or
Ching Ting) mutilation. Possession is not a separate offense.
• Must be a coin of the Philippines, not foreign. (Decision of the SC of Spain, June 28, 1877)
• Offender gains from the precious metal dust
abstracted from the coin. PD 247: PROHIBITING AND PENALIZING
(2) Importing or uttering such mutilated coins in DEFACEMENT, MUTILATION, TEARING,
connivance with mutilators or importers. BURNING OR DESTRUCTION OF CENTRAL BANK
(3) Mutilation is the only article which requires:
NOTES AND COINS
a. Legal Currency (“Legal Tender”)
b. Philippine Coin
WHEREAS, Central Bank notes and coins are issued for
circulation as medium of exchange and to utilize them for
MUTILATION
other purposes does not speak well of the due respect and
dignity befitting our currency; and
Take off part of the metal either by filing it or substituting
it for another metal or inferior quality.
WHEREAS, defacing, mutilating, tearing, or partially
burning or destroying our currency by any means renders
Diminish by ingenious means the metal in the coin, to
it unfit for circulation, thereby unduly shortening its
appropriate it. The coin’s intrinsic value diminishes.
lifetime, and such acts unfavorably reflect on the discipline
(People vs Tin Ching Ting, supra)
of our people and create a bad image for our country;
PENALTY
That it shall be unlawful for any person to wilfully deface,
Under RA 10951, those who mutilate coins of the legal mutilate, tear, burn or destroy, in any manner whatsoever,
currency of the Philippines or import or utter mutilated currency notes and coins issued by the Central Bank of the
current coins, or in connivance with mutilators or Philippines;
importers, under Article 164 of the RPC, shall be liable to
pay a fine not exceeding ₱400,000. (RA 10591, SEC. 21) That any person who shall violate this Decree shall, upon
conviction, be punished by a fine of not more than twenty
thousand pesos and/or by imprisonment of not more than
ART. 165: SELLING OF FALSE OR five years.
MUTILATED COIN, WITHOUT
CONNIVANCE Punishes defacing or mutilating Philippine legal currency:
● Paper/Notes
● Coins
ACTS PUNISHED
Without intent to collect dust from mutilation of coins.

(1) Possession of a coin mutilated or counterfeited by
another, with intent to utter, knowing that the coin
is false or mutilated; SECTION 3: FORGING TREASURY OR
BANK NOTES, OBLIGATIONS AND
NOTE: Constructive Possession includes: Subjection SECURITIES; IMPORTING AND
of the thing to one’s control. UTTERING FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES

ART. 166. FORGING TREASURY OR BANK NOTES AND OTHER OBLIGATIONS THAT MAY BE
NOTES ON OTHER DOCUMENTS FORGED OR FALSIFIED UNDER ART. 166
PAYABLE TO BEARER; IMPORTING, AND

(1) Treasury or bank notes;
UTTERING SUCH FALSE OR FORGED (2) Certificates;
NOTES AND DOCUMENTS (3) Other obligations and securities payable to bearer;
(4) PNB checks are commercial documents and are
not covered by Art. 166. (People v. Samson)
ACTS PUNISHED
(1) Forging or falsification of treasury or bank note or PAYABLE TO BEARER

other documents payable to bearer;
(2) Importation of false or forged obligations or (1) When expressed to be so payable
notes; (2) When payable to a person named therein or bearer
(3) Uttering of false or forged obligations or notes, in (3) When payable to the order of a fictitious or non-
connivance with the forgers or importers. existing person, and such fact was known to the
person making it so payable
FORGERY (4) When the name of the payee does not purport to
The giving to a treasury or bank note or any instrument be the name of any person
payable to the bearer the appearance of a true and genuine (5) When the only or last endorsement is an
document. (Bar 1999) endorsement in blank.
FALSIFICATION The reason for this is that the forging tends to bring such
The erasing, substituting, counterfeiting or altering by any documents into discredit and the offense produces a lack
means, the figures, letters, words, or signs contained of confidence on the part of the holders of said documents
therein. (Bar 1999) to the prejudice of society and of the State.
Example: Accused erased and changed the last digit 9 of PENALTY

Serial No. F79692619 of a genuine treasury note so as to
read 0. (Del Rosario vs People) Under RA 10951, those who commit any of the punishable
acts under Article 166 of the RPC, shall be liable for:
IMPORTATION 1. A fine not exceeding ₱2,000,000, if the document which
The bringing notes forged or falsified in a foreign country has been falsified, counterfeited, or altered is an obligation
into the Philippines. or security of the Philippines.
2. A fine not exceeding ₱1,000,000, if the falsified or altered
UTTERANCE documents is a circulating note issued by any banking
The offering obligations or notes as genuine, knowing association duly authorized by law to issue the same.
them to be false or forged, with intent to defraud, whether 3. A fine not exceeding ₱1,000,000, if the falsified or
the offer is accepted or not. (26 CJ 924) counterfeited document was issued by a foreign
government.
More severe penalties are meted out for forgeries and 4. A fine not exceeding ₱400,000, when the forged or
falsifications of obligations of notes because these bring altered document is a circulating note or bill issued by a
such documents into discredit to the prejudice of the foreign bank duly authorized therefor. (RA 10591, Sec. 22)
interests of the State, and it is easier to accomplish such
forgeries as compared to making counterfeit coins. Also,
more profit can be derived from falsifying notes, etc.
ART. 167: COUNTERFEITING, IMPORTING
(Hence, penalties depend on what kind of document is AND UTTERING INSTRUMENTS NOT
forged, or falsified.) PAYABLE TO BEARER
The Code punishes forging or falsification of bank notes ELEMENTS

and of documents of credit payable to bearer and issued
by the State more severely than it does the counterfeiting a. Existence of an instrument payable to order or,
of coins. (US v. Gardner) other document not payable to bearer;

b. Offender either forged, imported, or uttered such ART. 169: HOW FORGERY IS COMMITTED
instrument; and
c. In case of uttering, offender connived with the ACTS PUNISHED
forger or importer.
(1) Forgery/Counterfeiting
PAYABLE TO ORDER
By giving to a treasury or bank note or any
instrument the appearance of a true genuine
● Drawn payable to the order of a specified person document.
or to him or his order and negotiated by (2) Falsification
indorsement and delivery
Erasing, substituting, counterfeiting or altering by
● Application of Art. 167 is limited to instruments
any means the figures, letters, words or signs
payable to order.
contained therein.
● This article covers foreign instruments from the
government or the bank.
The essence of forgery is giving a document the
appearance of a true and genuine document.
PENALTY
1. prisión correccional in its medium and maximum
One of the ways forgery can be accomplished is by erasing,
periods; and
2. fine not exceeding ₱1,200,000. (RA, 10591, SEC. substituting, counterfeiting or altering by any means
23) figures, letters, words or signs contained therein.
Possession of such forged notes knowingly is punishable.
(Del Rosario vs. People)
ART. 168: ILLEGAL POSSESSION AND USE
The unauthorized addition of the word “Victory” at the
OF FALSE TREASURY OR BANK NOTES
back of the certificate was made for no other purpose than
AND OTHER INSTRUMENTS OF CREDIT to give to it the appearance of a true legal tender of the
current bills, and so cause its acceptance as legal tender.
ELEMENTS The forgery is akin to, if not worse than, affixing a seal to a
genuine signature on a document which is invalid without
a. Any treasury or bank note or certificate or other a seal. (People vs. Galano)
obligations and securities either payable to bearer
or payable to order or other documents not The alteration or even destruction of demonetized paper
payable to bearer is forged or falsified by another bills would harm no one but the holder and would not
person; constitute a crime but for the utterance of the bill so
b. Offender knows that such instrument is forged or altered. Its utterance by giving it the appearance of a true
falsified; and genuine legal tender of the Victory series shows the
c. He performs any of the following: intention to deceive and defraud the Government in its
i. Using any such forged/falsified instrument; duty to protect not only the public but also the paper bills
ii. Possessing with intent to use such legally issued.
instrument.
A person in possession of falsified documents and who SECTION 4: FALSIFICATION OF

makes use of the same is presumed to be the material LEGISLATIVE, PUBLIC, COMMERCIAL,
author of the falsification. (People vs Sendaydiego) AND PRIVATE DOCUMENTS, AND
WIRELESS, TELEGRAPH, AND
The burden of giving a satisfactory explanation of his TELEPHONE MESSAGE
possession of forged bills. (People vs Dela Roca)
ART. 170: FALSIFICATION OF
Possession of false treasury or bank notes alone is not a
LEGISLATIVE DOCUMENTS
criminal offense, there must be intent to to use said false
treasury or bank notes. (People vs Digoro)
ELEMENTS
Art. 168 includes possession of counterfeit US dollars.
(People vs Perez). a. A bill, resolution or ordinance enacted or approved
or pending approval by either House, or any
provincial board or municipal council;
b. Offender alters the same; ii. Causing it to appear that persons have
c. He has no proper authority to do so; and participated in any act or proceeding when
d. The alteration has changed the meaning of the they did not in fact so participate;
document. iii. Attributing to persons who have
participated in an act or proceeding
THE WRITING MUST BE statements other than those in fact made
by them;
a. Complete in itself; and iv. Making untruthful statements in a
b. Either: narration of facts
i. capable of extinguishing an obligation or v. Altering true dates;
creating rights; or vi. Making any alteration or intercalation in a
ii. capable of becoming evidence of the facts genuine document which changes its
stated therein. meaning;
vii. Issuing in an authenticated form a
● Art. 170 only punishes alteration without document purporting to be a copy of an
authority. All other acts of falsification are original document when no such original
punished under the next articles exists, or including in such a copy a
● The bill, resolution or ordinance must be statement contrary to, or different from,
genuine. that of the genuine original; or
● The offender can be a private or public viii. Intercalating any instrument or note
individual/officer. relative to the issuance thereof in a
protocol, registry, or official book
PENALTY NOTE: In case the offender is an ecclesiastical minister,

1. prisión correccional in its maximum; and the act of falsification is committed with respect to any
2. fine not exceeding ₱1,200,000. (RA, 10591, SEC. 24) record or document of such character that its falsification
may affect the civil status of persons.
ART. 171: FALSIFICATION BY PUBLIC There is no crime of attempted or frustrated falsification

of public document
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTIC MINISTER DOCUMENT
Any writing or instrument by which a fact may be proven
ELEMENTS or affirmed, rights and duties established. (People vs
Moreno)
a. Offender is:
i. public officer or employee; NOTE: No crime of Estafa through falsification of private
ii. notary public; document because the two felonies have the same
iii. ecclesiastical minister if he commits a element: the intent to damage. But there is Estafa through
falsification affecting the civil status of falsification of public Document
persons;
MODES OF FALSIFYING A DOCUMENT
b. He takes advantage of his official position:
i. offender has the duty to make or to prepare
(1) Counterfeiting or imitating (feigning) any
or otherwise to intervene in the
handwriting, signature or rubric
preparation of the document;
ii. offender has the official custody of the
“Counterfeiting” the imitating of any handwriting,
document which he falsifies (People vs Uy);
signature or rubric
iii. if he did not take advantage of his official
position, then Art. 172.
“ Feigning” simulating a signature, handwriting, or
c.
Falsifies a document by committing any of the rubric out of one of which does not in fact exist.
following:
i. Counterfeiting or imitating any (2) Causing to appear that persons have participated in
handwriting, signature or rubric; an act or a proceeding.
ELEMENTS: original exists, or including in such a copy a

a. Offender caused it to appear in a document statement contrary to or different from, that of the
that a person or persons participated in an act genuine.
or a proceeding; NOTE: Can be committed only by a public officer or
b. Such person/s did not in fact so participate; notary public who takes advantage of his official
c. Attributing to persons who have participated in position, since authentication of a document can only
any act or proceeding, statements other than be done by the custodian.
those in fact made by them.
(7) Issuing in authenticated form a document
(3) Making untruthful statements in a narration of facts. purporting to be a copy of an original when no such
ELEMENTS: original exists
a. Offender makes in a document statements in a Including in such a copy a statement contrary to or
narration of facts; different from the genuine (requires genuine
b. He has a legal obligation to disclose the truth document).
of the facts narrated by him;
c. Facts narrated by the offender are absolutely (8) Intercalating any instrument or note relative to the
false; and issuance:
d. Perversion of truth in the narration of facts was 1. Defacing original;
made with the wrongful intent of injuring a 2. Only for those who have custody.
third person.
NOTE: An Information must list down as many acts of
NOTE: falsification as are applicable, but even if all are proven, the
• Only a requirement if document falsified is a accused can be convicted only of one crime of falsification.
private document. An accused cannot be convicted however, of falsification
• There must be a law requiring the disclosure of through an act different from the one charged in the
the truth, and the person must be aware of the information.
falsity. Hence, Good faith is a defense.
• If there is colorable truth to the facts, then it is
PENALTY
not punished as facts must be absolutely false 1. prisión mayor and
to be punished. 2. fine not exceeding ₱1,000,000 (RA, 10591, SEC. 25)
• Wrongful intent not essential when the
document falsified is public document and
done by a public officer.
ART. 172: FALSIFICATION BY PRIVATE
(4) Attributing to persons who have participated in any INDIVIDUAL AND USE OF FALSIFIED
act or proceeding statements other than those in fact DOCUMENTS
made by them
ELEMENTS: ACTS PUNISHED
a. That a person or persons participated in act or
proceeding;
(1) FALSIFICATION OF A PUBLIC, OFFICIAL OR
b. That such person or persons made statements in
COMMERCIAL DOCUMENT BY A PRIVATE
that act or proceeding;
INDIVIDUAL;
c. That the offender in making a document,
attributed to such person, statements other than
Elements:
those in fact made by such person or persons
a. Offender is a private individual or public
officer or employee who did not take
(5) Altering True Dates
advantage of his official position;
Change or insertion must affect the integrity or effects
b. Committed any of the acts of falsification
of the document. Furthermore, the alteration should
enumerated;
make the document speak something false. Otherwise,
c. Falsification was committed in a public,
it would merely be a correction.
official or commercial document.
(6) Issuing in authenticated form a document

purporting to be a copy of an original, when no such
FOUR KINDS OF DOCUMENTS In the latter case, what is punished is prejudice

to a third party.
a. “Public” Created, executed, issued by a public
official in response to the exigencies of public (3) USE OF FALSIFIED DOCUMENT;
service; OR any instrument authorized by a 1. Introducing in a judicial proceeding;
notary public or a competent public official, with Elements:
the solemnities required by law. (US vs Asensi) a. Offender knew that a document was
b. “Official” Document issued by a public official in falsified by another person;
the exercise of the functions of his office b. False document is embraced in Art 171
c. “Private” Deed or instrument executed by a (POC) Paragraph 1 and 2 of Art. 172 (private
private person without the intervention of a document and POC);
notary public or any other individual authorized c. Offender introduced said document in
to so. (US vs Orera) evidence in any judicial proceeding.
d. “Commercial”
i. Used by merchants or businessmen to NOTE: Damage is NOT NECESSARY.
promote or facilitate trade or credit
transactions (People vs Co Beng) 2. Use in any other transaction;
ii. Element of damage is unnecessary because Elements:
of the nature of the documents involved; a. Offender knew that a document was
damage is presumed to be against public falsified by another person;
interest. b. False document is embraced in Art 171
(POC) or Paragraph 1 and 2 of Art. 172
NOTE: Since damage is not an element of (private and POC);
falsification of a public document, it could c. Offender used such document (not in
be complexed with estafa as a necessary judicial proceedings);
means to commit the latter. Further, good d. Use of the false document caused damage
faith is a defense. to another or it was used to cause such
damage.
(2) FALSIFICATION OF A PRIVATE DOCUMENT BY
ANY PERSON; NOTE: If the person who used the falsified
document is the same person who falsified
Elements: it, the crime is only falsification and the use
a. Offender committed any of the 8 acts of of the same is not a separate crime.
falsification, except Paragraph 7 enumerated in
Art. 171; PRESUMPTIONS:
b. Falsification was committed in any private 1. A person in possession of the falsified
document; document is presumed to be the author
c. Falsification caused damage to a third party, or thereof;
was committed with intent to cause damage. 2. The user of the falsified document is
deemed the author of the falsification if:
NOTE: In cases of public, official or commercial ● The use was so closely connected
documents: damage does not need to be in time with the falsification;
material. Profiting from the crime or hoping to ● User had the capacity of falsifying
do the same is not required. And such the documents.
falsification can be complexed with estafa.
(4) FALSIFICATION OF WIRELESS / CABLE /
In case of a private document, intent and damage TELEGRAPH AND TELEPHONE MESSAGE AND
must be proved. This cannot be complexed with USE OF FALSIFIED MESSAGES
estafa as there is no estafa through falsification 1. Uttering fictitious, wireless, telegraph or
of a private document. telephone message
2. Falsifying wireless, telegraph or telephone
Why? In the former case, what is punished is the message
violation of public faith and perversion of truth. Elements:

a. That the offender is an officer or employee E.g. falsification of the purchase order, an official
of the government or an officer or document, was a necessary means to commit the crime of
employee of a private corporation, engaged theft.
in the service of sending or receiving
wireless, cable or telephone message FALSIFICATION THROUGH RECKLESS IMPRUDENCE
b. That the accused commits any of the OF PUBLIC, OFFICIAL OR COMMERCIAL DOCUMENTS
following acts:
i. uttering fictitious wireless, cable, E.g. Cashier who identified as payee of the PNB check a
telegraph, or telephone message, or person whom he did not know, but without malice.
ii. falsifying wireless, cable, telegraph, (Samson vs CA)
or telephone message
3. Using such falsified message Reckless imprudence in the falsification of a private
Elements: document is untenable since the element of damage or
a. That the accused knew that wireless, cable, malice is necessary.
telegraph, or telephone message was
falsified by any of the person specified in No complex crime of estafa through falsification of a
the first paragraph of art. 173. private document because the immediate effect of
b. That the accused used such falsified falsification of a private document is the same as that of
dispatch. estafa. It cannot be said to be a means to commit estafa
c. That the use of the falsified dispatch because the fraudulent gain obtained through deceit in
resulted in the prejudice of a third party, or estafa, in the commission of which a private document was
that the use thereof was with intent to falsified, is nothing more nor less than the very damage
cause such prejudice. caused by the falsification of such document.
FALSIFICATION AND OTHER CRIMES People v. Romualdez

Multiple Acts of Falsification must each be specified = 1
Complex crimes: Falsification as a necessary means to crime of falsification committed.
commit other crimes.
Beradio v. CA
Estafa through falsification of a public, official, or Absolute Falsity Required: Depending on the nature of the
commercial document document. There must be no color of truth to the
falsification.
Before the falsified document is actually utilized to defraud
another, the crime of falsification has already been Cabigas v. People
consummated. Where the document was not a public or official
document of the government, even if such a document was
The element of damage or intent to cause damage, not used in a government office, the same would not
being an element of the crime of falsification of P, O and C constitute falsification.
documents, is caused by the commission of estafa.
If the alteration was made to speak the truth, there is no
There is no crime of estafa through falsification of a private falsification.
document unless another act independent of the
falsification caused the damage. the crime is only
People v. Sendaydiego
falsification (being more specific).
Falsification was used to conceal the malversation, thus
falsification not being a necessary means to commit, the
If the falsification is used TO CONCEAL the crime (e.g.
crime is not complex, but separate crimes. E.g. 6
misappropriation of funds), the crime is merely estafa.
documents, 6 separate crimes of malversation.
THEFT THROUGH FALSIFICATION

INQUIRY: How were the falsified documents used?
Presumption: A person in possession of a falsified
Malversation through falsification of a public document.
document is the material author of the falsification, in the
absence of satisfactory explanation – especially if the
uttering was so closely connected in time with the forgery.

Siquian v. People • He may be liable as principal by inducement.

The Mayor had the duty to know the budget situation of • Act No. 1851, Sec 4 punishes private individual who
the municipality, and so issuing official certifications of forge or alter telegram.
availability of funds when there were none amounted to
falsification through negligence.
SECTION 5: FALSIFICATION OF MEDICAL
Document was official, and there was a legal obligation to CERTIFICATES, CERTIFICATES OF MERIT
disclose the truth
OR SERVICES AND THE LIKE
The existence of a wrongful intent to injure a third person
is not necessary when the falsified document is a public
ART. 174: FALSE MEDICAL CERTIFICATES,
document FALSE CERTIFICATES OF MERITS OR
SERVICE, ETC
Since an official document was falsified, there was no need
to prove damage to the government or to a third party.
PERSONS LIABLE
PENALTY
1. prisión correccional in its medium and maximum (1) False medical certificate by a physician;
periods and (2) False certificate of merit or service by a public
2. fine not exceeding ₱1,000,000 (RA, 10591, SEC. 26) officer; and
(3) False medical certificate by a private individual or
ART. 173: FALSIFICATION OF WIRELESS, false certificate of merit or service by a private
individual.
CABLE, TELEGRAPH AND TELEPHONE
PENALTY
MESSAGES, AND USE OF SAID FALSIFIED 1. arresto mayor in its maximum period to prisión
MESSAGES. correccional in its minimum period and
2. fine not exceeding ₱200,000 (RA, 10591, SEC. 27)
ACTS PUNISHED
Art. 175: Using False Certificates
(1) Uttering a fictitious wireless, telegraph or
telephone message; ELEMENTS
ELEMENTS:
a. Offender is an employee or officer or a. Certificate was falsified by person mentioned in
employee of the Government OR Any private Art. 174 (physician, surgeon, public officer, private
corporation or concern engaged in the person);
service of sending or receiving wireless, b. Offender knew that the certificate was false; and
cable or telephone message; c. Offender used the certificate.
b. Offender commits any of the following acts:
i. Uttering fictitious wireless, telegraph
SECTION 6: MANUFACTURING AND
or telephone message of any system;
ii. Falsifying the same;
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
(2) Using falsified dispatch;
ELEMENTS: ART. 176: MANUFACTURING AND
a. Offender knows that the message was POSSESSION OF INSTRUMENTS OR
falsified; IMPLEMENTS FOR FALSIFICATION
b. Uses such falsified dispatch;
c. To the prejudice of a third party or with
intent to cause such prejudice. ACTS PUNISHED
NOTE: (1) Making or introducing into the Philippines any

• Private individual cannot be a principal by direct stamps, dies, marks or other instruments or
participation in falsification of telegraphic implements for counterfeiting or falsification.
dispatches.
(2) Possessing with intent to use the instruments or

implements for counterfeiting made in or (2) Usurpation of Official Functions;
introduced into the Philippines by another It is essential that the offender shall have performed
person. an act pertaining to a person in authority or public
officer under pretense of official position without
NOTE: being lawfully entitled thereto (People vs Bueza)
• Punishes not only casual but constructive Elements:
possession. (People vs Andrada) a. Offender performs any act;
• A person who manufactured a seal in imitation of b. Pertaining to any person in authority or
the seal of Lipa, Batangas, for making false public officer of the Philippine government
certificates for the transfer of livestock, is guilty of or any foreign government, or any agency
making instrument for falsification of certificates. thereof;
(US vs Angeles) c. Under pretense of official position; and
d. Without being lawfully entitled to do so.
• A person who possessed an iron brand to be used
in falsifying the official brand of a municipality for
cattle branding is guilty of illegal possession of NOTE:
instrument for falsification (need not be a ● There must be positive express and explicit
complete set). (People vs Magpale) representation. (People vs Calinisan)
● Cannot allege both acts in one information.
● False representation may be shown by acts.
PENALTY
Thus, even in the absence of evidence that he
1. prisión correccional in its medium and maximum
represented himself as a police officer, his acts
periods; and
2. fine not exceeding ₱1,000,000. (RA. 10591, SEC. 28) in blowing his whistle, stopping buses and
ordering drivers to step down their passenger
vehicles and produce their driver’s license,
CHAPTER TWO: OTHER FALSIFICATIONS sufficiently establishes his culpability of the
crime. (People vs Reyes)
SECTION 1: USURPATION OF People v. Cortez

AUTHORITY, RANK, TITLE, AND Usurpation of authority may be complexed with other
IMPROPER USE OF NAMES, UNIFORMS crimes e.g. usurpation of authority through falsification of
AND INSIGNIA a public document by a private individual.
ART. 177: USURPATION OF AUTHORITY Gigantoni v. People

One suspended retains his status but loses authority to
OR OFFICIAL FUNCTIONS.
exercise functions. He therefore does not “knowingly and
falsely represent himself to be an officer, etc.” but he does
ACTS PUNISHED perform an act pertaining to any public officer, under
pretense of official position, without being lawfully
(1) Usurpation of Authority entitled to do so.
The mere act of knowingly and falsely representing
oneself to be an officer, agent or representative of
ART. 178. USING FICTITIOUS NAME AND
any departments of the Government is sufficient to
hold him liable. It is not necessary that he performs CONCEALING TRUE NAME
an act pertaining to a public officer. (People vs Bueza)
Elements: ACTS PUNISHED
a. Offender knowingly and falsely represents
himself; and (1) USING FICTITIOUS NAME
b. As an officer, agent or representative of any Fictitious Name - Any other name which a person
department or agency of the Philippine publicly applies to himself without authority of law.
government or of any foreign government. (US vs To Lee Piu)
Elements:
● Mere representation is sufficient to be punished, a. Offender uses a name other than his real name;
even without the subsequent acts. b. He uses the fictitious name publicly; and
c. Purpose of use is to conceal a crime, to evade c. Said insignia uniform or dress is used publicly and
the execution of a judgment or to cause improperly (with intent to deceive).
damage to public interest.
RA 75: An Act to Penalize Acts Which Would Impair
(2) CONCEALING TRUE NAME AND OTHER The Proper Observance By The Republic And
PERSONAL CIRCUMSTANCES Inhabitants of the Philippines of the Immunities,
Elements: Right, And Privileges Of Duly Accredited Foreign
a. Offender conceals his true name AND other Diplomatic And Consular Agents In The Philippines
personal circumstances; and Section 1 penalizes any person who falsely assume and
b. Purpose is only to conceal his identity take upon himself as an official of a foreign government
duly accredited to the Government of the Philippines
with intent to defraud or to obtain money, paper,
CA 142 AMENDED BY RA 60805: REGULATING document or other thing.
THE USE OF ALIASES Section 3 punishes any person who wear any naval,
military, police or other uniform with intent to deceive
General Rule: No person shall use any name different from or mislead.
the one with which he was: RA 493: An Act To Prohibit The Use Or Conferring Of
(1) Registered at birth in the Office of the Local Civil Military Or Naval Grades Or Titles By Or Upon
Registry; Persons Not In The Service Of The Armed Forces Of
(2) With which he was registered in the Bureau of The PH Or The Philippine Constabulary, To Regulate
Immigration upon entry; and
The Wearing, Use, Manufacture And Sale Of Insignias,
(3) Such substitute name as may have been
Decorations and Medals, Badges, Patches and
authorized by a competent court.
Identification Cards Prescribed for the Said Armed
Forces or Constabulary, and for Other Purposes
Exception:
It provides that it shall be unlawful for any person not
(1) Pseudonym solely for literary, cinema, television,
in the service of the Armed Forces of the Philippines or
radio or other entertainment; and
the Philippine to use or wear the duly prescribed
(2) In athletic events where the use of pseudonym is
insignia, badge or emblem or rank of the members of
a normally accepted practice.
the Armed Forces of the Philippines or the Philippine
Constabulary, or any colorable imitation thereof.
Art. 379, Civil Code:
The employment of pen names or stage names is
permitted provided it is done in good faith and there is no SECTION 2: FALSE TESTIMONY
injury to third persons. Pen names and stage names cannot
be usurped. Committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a
PENALTY hearing before a competent authority shall deny the truth
1. arresto mayor and or say something contrary to it.
2. a fine not to exceed ₱100,000
3 FORMS OF FALSE TESTIMONY
Those who conceal their true name and other personal
circumstances shall be punished by arresto menor or be
(1) False testimony in criminal cases under Article 180
liable to pay a fine not exceeding ₱40,000. (RA, 10591, SEC.
and 181.
29)
(2) False testimony in civil case under Article 182.
(3) False testimony in other cases under Article 183.
ART. 179. ILLEGAL USE OF UNIFORMS
OR INSIGNIA ART. 180: FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS
ELEMENTS
a. Offender makes use of insignia, uniform or dress;
b. The said insignia, uniform or dress pertains to an a. There be a criminal proceeding;
office not held by the offender; and
b. Offender testifies falsely under oath against ART. 182: FALSE TESTIMONY
defendant;
IN CIVIL CASES
c. Offender who gives false testimony knows that it is
ELEMENTS
false; and
d. Defendant in the case is either acquitted or
a. Testimony is given in a civil case (ordinary, not
convicted by final judgment.
special proceedings);
b. Testimony must relate to the issues presented in
NOTE:
said case;
• Penalty depends upon the sentence of the
c. Testimony must be false;
defendant against whom false testimony was given.
d. False testimony must be given by the defendant,
• The witness who gave false testimony is liable even
knowing the same to be false; and
if his testimony was not considered by the court.
e. Testimony must be malicious and given with an
• He must testify on material matters. Even if he lied
intent to affect the issues presented in the case
during his testimony on immaterial matters like his
age, this article is not violated.
NOTE: If false testimony is committed in Special
Proceedings, Art. 183 applies.
PENALTY
Under RA 10951, those who shall give a false testimony
against the defendant in any criminal case, if the defendant ART. 183: FALSE TESTIMONY IN OTHER
shall have been sentenced to any other afflictive penalty, CASES AND PERJURY IN SOLEMN
correctional penalty or a fine, under Article 180 of the RPC, AFFIRMATION
shall be liable to pay a fine not exceeding ₱200,000. (RA.
10591, SEC. 30)
TWO WAYS OF COMMITTING PERJURY
ART. 181: FALSE TESTIMONY FAVORABLE (1) By falsely testifying under oath; and
TO THE DEFENDANTS (2) By making a false affidavit.
ELEMENTS ELEMENTS
a. There be a criminal proceeding; a. Accused made a statement under oath or

b. Offender testifies falsely under oath IN FAVOR of the executed an affidavit before a competent officer,
defendant; authorized to receive and administer oath.
c. Offender who gives false testimony knows that it is • Statement made must be upon any material
false; and matter
d. Trial need not be terminated. • Any fact or circumstance which tends to
corroborate or strengthen the testimony
Reason: It is punished not because of the effect it actually relative to the subject of the injury
produces but because of its tendency to favor or to b. Statement was made before a competent officer,
prejudice the defendant. (Decision of SC of Spain, 1904) authorized to receive and administer the oath.
● It is not necessary that the testimony influenced c. In that statement or affidavit, accused made a
the decision. Also, it is enough that there is intent willful and deliberate assertion of a falsehood.
for such testimony to favor the defendant, even • No perjury through negligence or
if such testimony did not benefit him. imprudence.
● Conviction or acquittal is also not necessary. • Good faith is a defense
d. Sworn statement or affidavit containing the
PENALTY falsity is required by law.
Under RA 10951, those who give a false testimony in favor • It is sufficient that statement or affidavit is
of the defendant, under Article 181 of the RPC, shall be made for a legal purpose, even if there is no
liable to pay a fine not exceeding ₱200,000. law requiring such statement to be made
under oath.
• If two sworn statements are contradictory,
prosecution must prove which one is false
by other evidence. Why? This is important

because if the statement before the FISCAL sworn statement, the fact that the document was sworn
is false, then Art. 183 applies. If the under oath (becomes affidavit), the crime committed is
testimony before the court is false, then Art. perjury (being the more specific crime).
181 – 182 applies.
PENALTY
TEST OF MATERIALITY Under RA 10951, those who give a false testimony in a civil
Whether evidence if admitted could properly influence the case, under Article 182 of the RPC, shall suffer the penalty
result of the trial of prisión correccional in its minimum period and a fine
not exceeding ₱1,200,000, if the amount of the controversy
OATH shall exceed ₱1,000,000.
Any form of attestation by which a person signifies that he
is bound in conscience to perform an act faithfully and
If the amount of the controversy does not exceed
truthfully. It involves the idea of calling on God to witness
₱1,000,000 or it cannot be estimated, the fine shall be
what is averred as truth, and it is supposed to be
₱200,000 and the penalty of arresto mayor in its maximum
accompanied with an invocation of His vengeance, or a
period to prisión correccional in its minimum period.
renunciation of His favor in the event of falsehood.
MATERIAL MATTER ART. 184: OFFERING FALSE TESTIMONY

Main fact which is the subject of the inquiry or any IN EVIDENCE
circumstance which tends to prove that fact, or any fact or
circumstance which tends to corroborate or strengthen
ELEMENTS
the testimony relative to the subject of inquiry, or which
legitimately affects the credit of any witness who testifies.
a. Offender offered in evidence a false witness or false
(US vs Estrano)
testimony;
b. The lawyer knew the witness, or the testimony was
Subornation of perjury
false; and
● Committed by a person who knowingly and
c. Offer was made in a judicial or official proceeding.
willfully procures another to swear falsely and
the witness suborned does testify under
NOTE: The one who made the testimony is liable under
circumstances rendering him guilty of perjury.
either Art. 180, 181, 182 or 183.
(US vs Ballena)
● Not expressly penalized in the RPC but the direct
induction of a person by another to commit
CHAPTER THREE: FRAUDS
perjury may be punished under Art 183 in
relation to Art 17 (will be principals by SECTION 1: MACHINATIONS,
inducement and direct participation). (People vs
MONOPOLIES AND COMBINATIONS
Pudol)
Two contradictory sworn statements is not sufficient to

ART. 185: MACHINATIONS IN PUBLIC
convict perjury. The prosecution must prove which of the AUCTIONS
two statements is false, and must show that the statement
to be false by other evidence than the contradictory ACTS PUNISHED
statement. (US vs Capistrano)
(1) SOLICITING ANY GIFT OR PROMISE AS A
People v. Abaya CONSIDERATION FOR REFRAINING FROM
Good faith or lack of malice is a defense in perjury. The
TAKING PART IN ANY PUBLIC AUCTION;
accused did not act with malice. The accused who could
Elements:
not be expected to determine the property, from a legal
a. There be a public auction;
point of view of the inclusion, merely stated a fact in said
b. Offender solicited any gift or promise as
inventory
consideration for refraining to take part; and
c. Accused had the intent to cause the reduction
Diaz v. People
of the price of the thing auction
Although the crime of falsification may have also been
committed when the offender commits forgery through a

NOTE: Mere solicitation consummates the crime. 1. Manufacturer,

(Attempting to cause bidders to stay away from an 2. producer,
auction by threats, gifts, promises or any other 3. processor or importer.
artifice)
CRIME IS COMMITTED BY:
(2) ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY 1. Conspiring,
FROM AN AUCTION BY THREATS, GIFTS, 2. Combining, or
PROMISES OR ANY OTHER ARTIFICE; 3. Agreeing with any person.
Elements:
a. There be a public auction; PURPOSE:
b. Offender attempted to cause bidders to stay 1. To make transactions prejudicial to
away from the auction; lawful commerce; or
c. Attempt was done through threats, gifts or 2. To increase market price.
promises; and
d. Offender had the intention to cause the QUALIFIED: If offense affects any food substance
reduction of the price. or other article of prime necessity.
NOTE: Mere attempt consummates the crime If the monopolies and combinations in restraint of trade
affect any food substance, motor fuel or lubricants or
REASON FOR THE PROVISION: other article of prime necessity, it is sufficient for the
Execution sales should be opened to free and full imposition of a higher penalty that the initial steps have
competition in order to secure the maximum benefit for been taken toward carrying out the purpose of
the debtors. (Diaz vs Kapunan) combination.
General Rule: When committed by a corporation or

ART. 186. MONOPOLIES AND association, the president and directors or managers are
COMBINATIONS IN RESTRAINT liable as principals when they:
OF TRADE 1. Knowingly permitted,
2. Failed to prevent the commission of such
ACTS PUNISHED offense.
(1) Combination to prevent free competition in the Exception: Exception to rule that a director or other
market; officer of a corporation is not liable criminally for the
corporate acts performed by other officers or agents
a. Entering into a contract or agreement, or
thereof as held in the case of People vs Montilla.
taking part in any conspiracy or combination;
b. In restraint of trade or commerce; or
c. To prevent by artificial means free SECTION 2: FRAUDS IN COMMERCIAL
competition in the market AND INDUSTRY
(2) Monopoly to restrain free competition in the

ART. 187: IMPORTATION AND
market;
DISPOSITION OF FALSELY MARKED
a. Monopolizing any merchandise or product;
or ARTICLES OR MERCHANDISE MADE OF
b. Combining with any other person or persons GOLD, SILVER, OR OTHER PRECIOUS
to monopolize said merchandise or object in METALS OR THEIR ALLOYS
order to alter the price.
ELEMENTS
(3) Manufacturer, producer or processor or importer
combining, conspiring or agreeing with any person
(1) Offender knowingly:
to make transactions prejudicial to lawful
a. Imports,
commerce or to increase the market price of the
b. Sells,
merchandise
c. Disposes;
PERSONS LIABLE:
(2) Any article or merchandise made of gold, silver, or ART. 189. UNFAIR COMPETITION,
other precious metals or their alloys; and
FRAUDULENT REGISTRATION OF TRADE-
(3) Which fail to indicate the actual fineness or quality
of said metals MARK, TRADE-NAME OR SERVICE MARK,
a. Gold: Less by more than .5 karat FRAUDULENT DESIGNATION OF ORIGIN,
b. Silver: Less by more than .004 AND FALSE DESCRIPTION
c. Flatware made of gold: Less by more than
.003 ACTS PUNISHED:
NOTE: Manufacturer who alters the quality or fineness of (1) Unfair Competition;
said merchandise is liable under estafa. (Article 315, a. Selling goods, giving them the general
subdivision 2 (b) of the Code) appearance of goods of another
manufacturer or dealer;
PENALTY b. Sale of goods similar enough to cause
Under RA 10951, those who commit a violation under confusion in the minds of the general public;
Article 187 of the RPC shall be suffer the penalty of prisión ● Whether certain goods have been
correccional or a fine ranging from ₱40,000 to ₱200,000. clothed with an appearance which is
likely to deceive the ordinary purchaser
exercising ordinary care, and not
ART. 188: SUBSTITUTING AND ALTERING
whether a certain limited class of
TRADEMARKS, TRADENAMES OR purchasers with special knowledge not
SERVICE MARKS possessed by the ordinary purchaser
could avoid mistake by the exercise of
INFRINGEMENT this special knowledge.
The use of another’s registered trademark and trade name. (2) Fraudulent description or origin or false
description;
ACTS PUNISHED (3) Affixing to his goods or using in connection with
his services a false designation of origin or any false
description or representation; and
(1) Substituting the tradename or trademark of some
(4) Selling such goods or services.
other manufacturer or dealer or a colorable
(5) Fraudulent registration.
imitation thereof, for the tradename or trademark
● Procuring fraudulently from the patent
of the real manufacturer or dealer, upon any article
office the registration of a tradename,
or commerce and selling the same;
trademark or service mark.
(2) Selling or offering for sale such articles of
commerce, knowing that the tradename or
“UNFAIR COMPETITION” Consists in employing
trademark has been fraudulently used;
deception or any other means contrary to good faith by
(3) Using or substituting the service mark of some
other person, or a colorable imitation of such mark which has shall pass off the goods manufactured by him or
in which he deals, or his businesses, or services for those
in the sale and advertising of his services; and
(4) Printing or lithographing or reproducing of the one having established such goodwill, or who shall
commit any acts calculated to produce said result.
tradename, trademark of service mark of one
person or a colorable imitation thereof, to enable
another person to fraudulently use the same, “MARK” Any visible sign capable of distinguishing the
knowing the fraudulent purpose for which it is to goods (Trademark) or services (Service mark) of an
be used. enterprise and shall include a stamped or marked
container.
NOTE:
● Trade mark or tradename must be registered “TRADEMARK” Name or designation identifying or
otherwise, there can be no infringement of the distinguishing the enterprise.
same.
● The differences need not be glaring and striking ELEMENTS OF UNFAIR COMPETITION
to the eye. Mere colorable imitation is sufficient.
a. Confusing similarity in the general appearance of the
goods; and
b. Intent to deceive the public and defraud a CRIMES AGAINST PUBLIC MORALS
competitor.
CHAPTER ONE: Gambling and Betting
ELEMENTS OF TRADEMARK INFRINGEMENT Art. 195. Gambling.
Art. 196. Importation, sale and possession of lottery
a. Validity of plaintiff’s mark; tickets or advertisements.
Art. 197. Betting in sports contests.
● Trademark or tradename must not be
Art. 198. Illegal betting on horse race.
merely descriptive or generic. Art. 199. Illegal cockfighting.
b. Plaintiff’s ownership of the mark; and CHAPTER TWO: Offenses Against Decency and
c. The use of the mark or its colorable imitation by the Good Customs
alleged infringer results in likelihood of confusion. Art. 200. Grave Scandal
Art. 201. Immoral doctrines, obscene publications and
TESTS IN DETERMINING CONFUSING SIMILARITY exhibitions
Art. 202. Vagrants and prostitutes; penalty.
1. DOMINANCY TEST - Focuses on the similarity of the

prevalent features of the competing trademarks CHAPTER ONE: GAMBLING AND
which might cause confusion or deception and thus BETTING
infringement.
NOTE: PD 1602 repealed Articles 195-199 insofar as they

NOTE: If the competing trademark contains the
are inconsistent with said Act.
main, essential or dominant features of another, and
confusion or deception is likely to result,
infringement takes place. Duplication or imitation is ART. 195. WHAT ACTS ARE
not necessary; nor is it necessary that the infringing PUNISHABLE IN GAMBLING
label should suggest and effort to imitate. The only
question is whether the use of the said marks
ACTS PUNISHED
involved is likely to cause confusion or mistake in the
mind of the public or deceive purchasers. ((Emerald
(1) Directly or indirectly taking part in the gambling;
Garment Manufacturing Corp. vs CA)
“GAMBLING” - Any game or scheme the result of

2. HOLISTIC TEST - Requires that the entirety of the
which depends wholly or chiefly upon chance or
marks in question be considered in resolving
hazard and wherein wagers consisting of money,
confusing similarity. Comparison of words is not the
articles of value, or representative of value are made.
only determining factor.
NOTE: The discerning eye of the observer must focus (2) Knowingly permitting gambling to take place in an
not only on the predominant words but also on the inhabited or uninhabited place;
other features appearing in both labels in order that (3) Acting as maintainer, conductor or banker in any
he may draw his conclusion whether one is game of jueteng or any similar game; and
confusingly similar to the other. (Emerald Garment (4) Knowingly and illegally possessing lottery list, paper
Manufacturing Corp. vs CA) or other matter pertaining to the game of jueteng or
any similar game.
INFRINGEMENT UNFAIR COMPETITION
First registration First Use GAMES THAT CONSTITUTE GAMBLING
Use of trademark or Selling goods similar (1) Monte;

tradename of another or enough in appearance (2) Jueteng;
colorable imitation with goods of another (3) Any form of lottery, policy, banking, or percentage
Must be similar enough to game;
May be goods of different (4) Dog races;
cause confusion to the
categories (5) “Pinball machines” or slot machines in the different
ordinary buyer
forms in which they are operated as gambling
devices because the winning therein depends wholly
upon chance or hazard; (Uy Ha vs. City Mayor et.al)

(6) Any other mechanical invention or contrivance to d. Sale of lottery ticket without connivance with
determine by chance the loser or winner of money importers
or any object or representative of value.
“GAME OF CHANCE” -That which depends more on

ART. 197. BETTING IN SPORTS
chance or hazard than on skill or ability. CONTESTS
GAMES TO BE HELD TO BE GAMES OF CHANCE: ACTS PUNISHED

(1) Cuajo
(2) Draw poker (1) Betting money or any object or article of value of
(3) Black Jack representative value upon the result of any game,
(4) Pigeon lottery races and other sports contests;
(5) Teji (2) Game-fixing any arrangement, combination,
(6) Bancabanca scheme or agreement by which the result of any
(7) Yampong or liampo game, races, or sports contests shall be predicated
(8) Nones y pares and/or known other than on the basis of the
honest playing skill or ability of the players or
LOTTERY participants;
A species of gaming which may be deemed as a scheme for (3) Point-shaving any such arrangement
the distribution of prizes by chance among persons who combination, scheme or agreement by which the
had paid, or agreed to pay, a valuable consideration for the skill or ability of any player or participant in a fame,
chance to obtain a prize. races, or sports contests to make points of scores
shall be limited deliberately in order to influence
A scheme by which the result is reached by some action or the result thereof in favor of one or other team,
means, taken, and which result man’s choice or will has no player or participant; and
part, nor can human reason, foresight, sagacity, or design (4) Game-machinations any other fraudulent,
enable him to know or determine such result until the deceitful, unfair or dishonest means, method,
same has been accomplished.
manner or practice employed for the purpose of
influencing the result of any game, races or sport
ELEMENTS OF LOTTERY contest.
a. Consideration;
b. Chance; ART. 198. ILLEGAL BETTING ON
c. Prize, or some advantage or inequality in amount HORSE RACE
or value which is in the nature of a prize.
ACTS PUNISHED
NOTE: There is no lottery when the person gets the full
value for his money. (1) Betting on horse races on days not allowed by law;
(2) Maintaining or employing a totalizer or other
If the prizes do not come out of the funds or contributions device for betting on horse races or for profit on
of the participants, there is no lottery. (Uy v. Palomar) days not allowed by law.
ART. 196: IMPORTATION, SALE AND NOTE: Any race held on the same day and at the same
POSSESSION OF LOTTERY TICKETS OR place shall be considered as a separate offense and if
committed by a corporation, partnership, or association,
ADVERTISEMENTS
the president and directors or managers thereof who
consented to or tolerated its commission are deemed
ACTS PUNISHED principals.
a. Importation of lottery tickets; WHEN HORSE RACES ARE NOT ALLOWED

b. Sale or distribution of such tickets in connivance
with the importer; (1) Birthday of the Philippines July 4 (Republic Act
c. Illegal possession of lottery ticket; and No.137);
(2) Rizal Day December 30 (Republic Act No. 229);
(3) Any registration or voting days (Republic Act No. COCKFIGHTING NOT ALLOWED ON:
180, Revised Election Code); and (1) Rizal Day (December 30)
(4) Holy Thursday and Good Friday (R.A. 946). (2) Independence Day (June 12)
(3) National Heroes Day (November 30)
(4) Holy Thursday
ART. 199. ILLEGAL COCKFIGHTING (5) Good Friday
(6) Election or Referendum Day
(7) Registration days for referendums and elections
ACTS PUNISHED
LICENSING OF COCKPITS
City and municipal mayors are authorized to issue
(1) Betting money or things of value or representative of licenses for the operation and maintenance of cockpits
value in cockfighting on days not permitted by law; subject to the approval of the Chief of Constabulary or
(2) Organizing cockfights at which bets are made on his authorized representatives.
days not allowed by law;
(3) Betting money or thing of value or representative of COCKFIGHTING OFFICIAL
Gaffers, referees, bet takers, or promoters shall not act
value on cockfights at a place other than a licensed
as such in any cockfight herein authorized, without first
cockpit; and
securing a license renewable every year on their birth
(4) Organizing cockfights at a place other than a month from the city or municipality where such
licensed cockpit. cockfighting is held. Cities and municipalities may
charge a tax of not more than twenty pesos. Only
PRESIDENTIAL DECREE NO. 449; licensed gaffers, referees, bet takers or promoters shall
COCKFIGHTING LAW OF 1974 officiate in all kinds of cockfighting authorized in this
Law governing the establishment, operation, Decree.
maintenance, and ownership of cockpits. All laws, NOTE: The spectators in a cockfight are not liable.
decrees, rules and regulations, or orders which are PRESIDENTIAL DECREE NO. 1602: SIMPLIFYING
inconsistent with this Decree are hereby repealed or AND PROVIDING STIFFER PENALTIES FOR
modified accordingly. VIOLATIONS OF PHILIPPINE GAMBLING LAWS
RULES PD 1602, which repealed Articles 195-199 insofar as they

(1) Only Filipino citizens not otherwise inhibited by are inconsistent with said Act punishes:
existing laws shall be allowed to own, manage and
operate cockpits. Cooperative capitalization is (1) Any person who, in any manner, shall directly or
encouraged. indirectly take part in any illegal or unauthorized
(2) Only one cockpit shall be allowed in each city or activities or games of:
municipality, except that in cities or municipalities a. Cockfighting, jueteng, jai alai or horse
with a population of over one hundred thousand, racing to include bookie operations and
two cockpits may be established, maintained and game fixing, numbers, bingo and other
operated. forms of lotteries;
(3) Cockpits shall be constructed and operated within b. Cara y cruz, pompiang and the like;
the appropriate areas as prescribed in Zoning Law c. 7-11 and any game using dice;
or Ordinance. d. Black jack, lucky nine, poker and its
(4) Cockfighting shall be allowed only in licensed derivatives, monte, baccarat, cuajo,
cockpits during Sundays and Legal Holidays and pangguigue and other card games;
during local fiestas for not more than 3 days. e. Paik que, high and low, mahjong, domino
(5) During provincial, city or municipal, agricultural, and other games using plastic tiles and the
commercial or industrial fair, carnival or exposition like;
for a similar period of 3 days upon resolution of the f. Slot machines, roulette, pinball and other
province, city or municipality where such fair, mechanical contraptions and devices;
carnival or exposition is to be held, subject to the g. Dog racing, boat racing, car racing and
approval of the Chief of Constabulary or his other forms of races;
authorized representative. h. Basketball, boxing, volleyball, bowling,
(6) If the purpose is for the entertainment of foreign ping-pong and other forms of individual or
dignitaries or for tourists, or for returning team contests to include game fixing, point
balikbayans, or for the support of national fund- shaving and other machinations;
raising campaigns for charitable purposes as may i. Banking or percentage game, or any other
be authorized by the Office of the President upon game scheme, whether upon chance or
resolution of a provincial board, city or municipal skill, wherein wagers upon chance or skill,
council, in licensed cockpits or in playgrounds or wherein wagers consisting of money,
parks. articles of value or representative of value
are at stake or made;

(2) Any person who shall knowingly permit any form CHAPTER TWO: OFFENSES AGAINST
of gambling referred to in the preceding
subparagraph to be carried on in inhabited or DECENT AND GOOD CUSTOMS
uninhabited place or in any building, vessel or
other means of transportation owned or
controlled by him. If the place where gambling is
ART. 200. GRAVE SCANDAL
carried on has a reputation of a gambling place or
that prohibited gambling is frequently carried on ELEMENTS
therein, or the place is a public or government
building or barangay hall, the malefactor shall be a. Offender performs an act;
punished by prision correccional in its maximum
b. Act must be highly scandalous;
period and a fine of six thousand pesos. Penalty of
prision correccional in its maximum period or a c. Must offend against decency or good customs;
fine of six thousand pesos shall be imposed upon d. Act not expressly falling within any other article of
the maintainer or conductor of the above gambling the Code; and
schemes. e. Publicly committed or within the knowledge and
view of the public
(3) The penalty of prision mayor in its medium period
NOTE: The public view is not required, it is sufficient
with temporary absolute disqualification or a fine
of six thousand pesos shall be imposed if the if in public place. For public knowledge, it may occur
maintainer, conductor or banker of said gambling even in a private place; the number of people who
schemes is a government official, or where such sees it is not material
government official, or where such government
official is the player, promoter, referee, umpire, GRAVE SCANDAL
judge or coach in case of game fixing, point shaving
Consists of acts which are offensive to decency and good
and machination.
customs which, having been committed publicly, have
(4) The penalty of prision correccional in its medium given rise to public scandal to persons who have
period or a fine ranging from four hundred to two accidentally witnessed the same. The acts must be
thousand pesos shall be imposed upon any person performed in a public place or within the public knowledge
who shall, knowingly and without lawful purpose or view. If it is committed in a private place, the crime of
in any hour of any day, possess any lottery list, grave scandal is not committed.
paper or other matter containing letters, figures,
signs or symbols pertaining to or in any manner
In conducts involving lasciviousness, it is grave scandal
used in the games of jueteng, jai-alai or horse
racing bookies, and similar games of lotteries and only where there is mutual consent. (Boado,
numbers which have taken place or about to take Comprehensive Reviewer in Criminal Law)
place.
DECENCY
(5) The penalty of temporary absolute disqualification Means proprietary of conduct; proper observance of the
shall be imposed upon any barangay official who,
requirements of modesty, good taste, etc.
with knowledge of the existence of a gambling
house or place in his jurisdiction fails to abate the
same or take action in connection therewith. CUSTOMS
Established usage, social conventions carried on by
(6) The penalty of prision correccional in its maximum tradition and enforced by social disapproval of any
period or a fine ranging from five hundred pesos to violation thereof.
two thousand pesos shall be imposed upon any
security officer, security guard, watchman, private
ACTS PUNISHED
or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation
of a gambling place or where gambling activities Those by which by their character and nature cause
are being held. scandal among the persons witnessing them, besides being
Any person who shall disclose information that will lead contrary to morals and good customs and committed
to the arrest and final conviction of the malefactor shall publicly or within the knowledge or view of the public.
be rewarded twenty percent of the cash money or
(People vs. Dumlao)
articles of value confiscated or forfeited in favor of the
government.

ART. 201. IMMORAL DOCTRINES, (3) Whether the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.
OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS Publicity is required.
Mere possession of obscene materials, without intention
PERSONS LIABLE to sell, exhibit, or give them away, is not punishable under
article 201, considering the purpose of the law is to
(1) Those who shall publicly expound or proclaim prohibit the dissemination of obscene materials to the
doctrines openly contrary to public morals; public.
(2) Authors of obscene literature published with their
knowledge and editors publishing them; The law does not require that a person be caught in the act
(3) Those who exhibit indecent or immoral plays, of selling, giving away or exhibiting obscene materials to
scenes, acts or shows is theatres, fairs, or other be liable, for as long as the said materials are offered for
public places; and sale, displayed, or exhibited to the public.(Fernando vs.
(4) Those who sell, give away or exhibit prints, Court of Appeals)
engravings, sculptures or literature’s offensive to
morals. Offense punished.
The public showing of indecent or immoral plays, scene,
ELEMENTS acts or shows not just motion pictures. It is mala in se in
which criminal intent is an indispensable ingredient.
Prosecution must prove that: (People vs. City of Manila)
a. The materials, publication, picture or literature are
obscene; and Paragraph 4 punishes the giving away of incident
b. The offender sold, exhibited, published or gave away literature, etc., to the public and not isolated, casual or
such materials. occasional act of giving the same to a single individual,
since the purpose of the law is to protect public morals and
OBSCENITY not the morals of a single individual. (People vs.
Something which is offensive to chastity, decency, or Tempongko)
delicacy.
GIVE AWAY
TEST TO DETERMINE THE EXISTENCE OF OBSCENITY Includes the term exhibition because when one gives away
an obscene picture or literature, he has the intention and
Whether the matter tends to deprave or corrupt minds of purpose of exhibiting or showing the same to the recipient.
those who are open to such immoral influences and into
whose minds hands a publication or other article charged OBSCENE PUBLICATIONS AND INDECENT SHOWS
as being obscene may fall. UNDER REPUBLIC ACT NO. 7610:
(1) Any person who shall hire, employ, use, persuade,

A matter can also be considered obscene if it “shocks the
induce or coerce a child to perform in obscene
ordinary and common sense of men as an indecency.” It exhibitions and indecent shows, whether live or in
must depend upon the circumstances of the case, and that video, or model in obscene publications or
ultimately, the question is to be decided by the judgment pornographic materials or to sell or distribute the
of the aggregate sense of the community reached by it. said materials shall suffer the penalty of prision
(Fernando v. Court of Appeals citing People v. Kottinger) mayor in its medium period.
(2) If the child used as a performer, subject or
seller/distributor is below twelve (12) years of age,
Obscenity is an issue proper for judicial determination –
the penalty shall be imposed in its maximum
there is no perfect definition of “obscenity” but the latest period.
word is that of Miller v. California which established (3) Any ascendant, guardian, or person entrusted in
guidelines: any capacity with the care of a child who shall cause
(1) Whether the average person, applying and/or allow such child to be employed or to
contemporary standards would find the work, participate in an obscene play, scene, act, movie or
show or in any other acts covered by this section
taken as a whole, appeals to the prurient interest;
shall suffer the penalty of prision mayor in its
(2) Whether the work depicts or describes, in a medium period. (Sec. 9, R.A. 7610)
patently offensive way, sexual conduct specifically
defined by the applicable state law; and

PENALTY Q: What are the crimes committed by: (1) X, a recruiter

Under RA 10951, those who commit any of the punishable who offered the services of G to Y for sexual activies for
acts enumerated in Article 201 of the RPC, as amended by pay; and (2) Y; and (3) G?
PD Nos. 960 and 969, shall suffer the penalty of prisión A: Both X and Y are guilty of violating Sec. 3(a) of RA 9208
or for Trafficking person. X for recruiting; while Y for
mayor or a fine ranging from ₱20,000 to ₱200,000.
using persons for prostitution; while G is liable under Art.
202 for prostitution.
ART. 202. VAGRANTS AND PROSTITUTES
PENALTY
Republic Act 10158 or “An Act Decriminilizing Vagrancy”
Under RA 10951, those women who, for money or profit,
repealed ‘VAGRANTS’ from this Article.
habitually indulge in sexual intercourse or lascivious
conduct, shall suffer the penalty of arresto menor or a fine
NOTE: Joblessness is not tantamount to vagrancy. What
not exceeding ₱20,000.
the law penalizes is the neglect and refusal to work, and
loitering in or about public places without giving a good
In case of recidivism, a fine ranging from ₱20,000 to
account of his presence therein.
₱200,000, or both, in the discretion of the court, shall be
imposed.
PROSTITUTION
When a woman who, for money or profit habitually indulge
in sexual intercourse or lascivious conduct. CRIMES COMMITTED BY PUBLIC
OFFICERS
VAGRANT
When a man who engages in the same conduct – sex for CHAPTER ONE: Preliminary Provisions
money – is not a prostitute, but a vagrant. Art. 203. Who are public officers
CHAPTER TWO: Malfeasance and Misfeasance in
NOTE: When there is a city or municipal ordinance that
Office
covers male as a prostitute, he cannot be punished under
Section 1: Dereliction of Duty
this article as a prostitute. He can, however, be prosecuted
Art. 204. Knowingly rendering unjust judgment
under the said ordinance.
Art. 205. Judgment rendered through negligence
Art. 206. Unjust interlocutory order
PIMP
Art. 207. Malicious delay in the administration of justice
One who provides gratification for the lust of others.
Art. 208. Prosecution of offenses; negligence and
tolerance
PURPOSE OF THE LAW Art. 209. Betrayal of trust by an attorney or solicitor
Section 2: Bribery
Not simply to punish a person because he has no means of
livelihood, but it is to prevent further criminality. Any Art. 210. Direct bribery
Art. 211. Indirect bribery
person found wandering in an estate belonging to another,
Art. 212. Corruption of public officials
whether public or private, without any lawful purpose also
commits vagrancy, unless his acts constitute some other CHAPTER THREE: Frauds And Illegal Exactions
crime in the Revised Penal Code. And Transactions
Art. 213. Frauds against the public treasury and similar
In law, the mere indulging in lascivious conduct habitually offenses
because of money or gain would amount to prostitution, Art. 214. Other frauds
even if there is no sexual intercourse. Virginity is not a Art. 215. Prohibited transactions
defense. Art. 216. Possession of prohibited interest by a public
officer
Even millionaires or one who has more than enough for his CHAPTER FOUR: Malversation of Public Funds or
livelihood can commit vagrancy by habitually associating Property
with prostitutes, pimps, ruffians, or by habitually lodging Art. 217. Malversation of public funds or property
in houses of ill-repute. Habituality is the controlling factor; Art. 218. Failure of accountable officer to render
it has to be more than one time. accounts
Art. 219. Failure of a responsible public officer to render
There is no prostitution by conspiracy. One who accounts before leaving the country
conspires with a woman in the prostitution business like Art. 220. Illegal use of public funds or property
pimps, taxi drivers or solicitors of clients are guilty of the Art. 221. Failure to make delivery of public funds or
crime under Article 341 for white slavery. property
Art. 222. Officers included in the preceding provisions
CHAPTER FIVE: Infidelity of Public Officers
Section 1: Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion officers” if their corporations are tasked to carry out
Art. 224. Evasion through negligence governmental functions. (Khan Jr. vs. Office of the
Art. 225. Escape of prisoner under the custody of a Ombudsman)
person not a public officer
Section 2: Infidelity in the custody of document
Public Officers are those:
Art. 226. Removal, concealment or destruction of
documents (1) Taking part in the performance of public functions in
Art. 227. Officer breaking seal the government;
Art. 228. Opening of closed documents (2) Performing in said government or in any of its
Section 3: Revelation of Secrets branches public duties as an employee, agent or
Art. 229. Revelation of secrets by an officer subordinate official, of any rank or class;
Art. 230. Public officer revealing secrets of private (3) His authority to take part in the performance of
individual public functions or to perform public duties must be:
CHAPTER SIX: Infidelity of Public Officers
a. By direct provision of the law;
Art. 231. Open disobedience
b. By popular election; or
Art. 232. Disobedience to order of superior officers,
when said order was suspended by inferior officer c. By appointment by competent authority
Art. 233. Refusal of assistance
Art. 234. Refusal to discharge elective office. The term “public officers” embraces every public servant
Art. 235. Maltreatment of prisoners from the highest to the lowest rank. All public servants
Section 2: Anticipation, Prolongation And from the President down to the garbage collector if
Abandonment Of The Duties And Powers Of Public employed and paid by the government come within this
Office term
Art. 236. Anticipation of duties of a public office.
Art. 237. Prolonging performance of duties and powers
Art. 238. Abandonment of office or position PUBLIC OFFICERS UNDER RA NO. 3019
Section 3: Usurpation of powers and unlawful
appointments Includes elective and appointive officials and employees,
Art. 239. Usurpation of legislative powers permanent or temporary, whether in the unclassified or
Art. 240. Usurpation of executive functions classified or exempted service receiving compensation,
Art. 241. Usurpation of judicial functions even nominal, from the government.
Art. 242. Disobeying request for disqualification
Art. 243. Orders or requests by executive officers to any
judicial authority Even an emergency helper in the Bureau of Treasury can
Art. 244. Unlawful appointments be considered a public officer having been entrusted with
the custody of official documents. (People vs. Ireneo)
Section 4: Abuses against chastity
Art. 245. Abuses against chastity
PUBLIC OFFICER MUST DERIVE HIS
AUTHORITY FROM
CHAPTER ONE: PRELIMINARY
PROVISIONS (1) Direct provision of law;
(2) Popular election; or
(3) Appointment by competent authority.
ART. 203. WHO ARE PUBLIC OFFICERS
Art. 203 obliterates the standard distinction in the law of CHAPTER TWO: MALFEASANCE AND
public officers between “officer” and “employee” as the MISFEASANCE IN OFFICE
definition is quite comprehensive to embrace every public
servant from the highest to the lowest. (Maniego vs. “MALFEASANCE” The performance of some act which
People) ought not to be done.
PUBLIC OFFICERS “MISFEASANCE” The improper performance of some act

Those endowed with the exercise of sovereign executive, which might lawfully be done.
legislative, or judicial functions.
“NONFEASANCE” The omission of some act which ought
The explication of the term is also consistent with the
to be performed.
Court’s pronouncement in Quimpo that, in the case of
officers/employees in GOCCs, they are deemed “public

SECTION ONE: DERELICTION OF DUTY MANIFESTLY UNJUST JUDGMENT
A judgment which cannot be explained with a reasonable

ART. 204. KNOWINGLY RENDERING interpretation or is a clear inconvertible and notorious
UNJUST JUDGMENT violation of a legal precept. It must be patently contrary to
law if rendered due to ignorance or inexcusable
ELEMENTS negligence.
a. The offender is a judge; The test to determine whether an order or judgment is

b. He renders a judgment in a case submitted to him unjust may be inferred from the circumstances that it is
for decision; contrary to law or is not supported by evidence. (Louis
c. Said judgment is unjust; and Vuitton SA v. Judge Villanueva)
d. He knows that said judgment is unjust.
NOTE: For Arts. 204 and 205, before a civil or criminal
HOW TO HOLD A JUDGE LIABLE action against a judge can be entertained, there must be a
final and authoritative judicial declaration that the
It must be shown that the judgment is unjust and that it decision or order in question is unjust. Pronouncement
was made with conscious and deliberate intent to do may result from:
injustice. a. Action of certiorari or prohibition in higher court
impugning the validity of the judgment; or
Good faith is a defense to the charge knowingly rendering b. An administrative proceeding in the Supreme Court
an unjust judgment remains the law. (Diego vs. Judge against the judge precisely for promulgating an
Castillo) Unjust Judgment or Order. (De Vera vs. Pelayo et. Al.)
Knowingly means consciously, intelligently, willfully or

intentionally. ART. 206. UNJUST INTERLOCUTORY
ORDER
This article does not apply to the members of a collegiate
court such as the Supreme Court or its Divisions who INTERLOCUTORY
reach their conclusion in consultation and accordingly
render their collective judgment after due deliberation. Provisional; interim; temporary; not final. Something
intervening between the commencement and the end of a
Bad faith is the ground of liability: if in rendering judgment, suit which decides some point or matter but is not a final
the judge fully knew that the same was unjust in the sense decision of the whole controversy.
aforesaid, then he acted maliciously and must have been
actuated and prevailed upon by hatred, envy, revenge, An interlocutory order or decree is one which does not
greed, or some other similar motive. finally determine a cause of action but only decides some
intervening matter pertaining to the cause, and which
There must be evidence that the judgment is unjust. It requires further steps to be taken in order to enable the
cannot be presumed. court to adjudicate the cause on the merits. (Bustamante
vs. Bonifacio)
ART. 205. JUDGMENT RENDERED
THROUGH NEGLIGENCE ELEMENTS
ELEMENTS a. That the offender is a judge;

b. That he performs any of the following acts:
a. Offender is a judge; i. Knowingly rendering an unjust interlocutory
b. He renders a judgment in a case submitted to him order; or
for decision; ii. Rendering a manifestly unjust interlocutory
c. Said judgment is manifestly unjust; and order by inexcusable negligence or ignorance.
d. It was committed through inexcusable negligence
or ignorance When the offense is committed by culpa, the penalty is
suspension only.

ART. 207. MALICIOUS DELAY IN THE NOTE: This article is NOT applicable to officers, agents, or
employees of the Bureau of Internal Revenue.
ADMINISTRATION OF JUSTICE
ELEMENTS
ELEMENTS
a. Offender is a public officer or officer of the law who

a. Offender is a judge;
has a duty to cause the prosecution of, or to
b. There is a proceeding in his court;
prosecute, offenses;
c. He delays in the administration of justice;
b. There is a dereliction of the duties of his office, that
d. The delay is malicious, that is, with deliberate
is, knowing the commission of the crime, he does
intent to inflict damage on either party in the case.
not cause the prosecution of the criminal, or
knowing that a crime is about to be committed, he
A mere court personnel cannot be made liable under this
tolerates its commission;
article.
c. Offender acts with malice and deliberate intent to
favor the violator of the law.
There must be an allegation that the delay, if any, was
borne of malicious intent.
ART. 209. BETRAYAL OF TRUST BY AN
Malice connotes that the act complained of must be the ATTORNEY OR SOLICITOR
result of a deliberate evil intent and does not cover a mere
voluntary act. (Van Der Mee vs. Resurreccion) ACTS PUNISHED
It must also be committed with deliberate intent to (1) Malicious breach of professional duty;
prejudice a party in a case. (Magdamo v. Pahimulin) (2) Inexcusable negligence or ignorance;
(3) Revelation of secrets learned in his professional
ART. 208. PROSECUTION OF OFFENSES; capacity (damage is not necessary); and
NEGLIGENCE AND TOLERANCE (4) Undertaking the defense of the opposite party in a
case without the consent of the first client whose
defense has already been undertaken.
ACTS PUNISHED
NOTE: The client consents to the attorney’s taking the

(1) Maliciously refraining from institution of prosecution
defense of the other party, there is no crime.
for the punishment of violators of the law; and
(2) Tolerating the commission of offenses.
When the attorney acts with malicious abuse of his
employment or inexcusable negligence or ignorance, there
NOTE: “maliciously” must be strictly construed. The action
must be damage to his client.
complained of must be the result of a deliberate evil intent
and does not cover a mere voluntary act.
Under the rules on evidence, communications made with
prospective clients to a lawyer with a view to engaging his
The word “negligence” in the title of the article means professional services are already privileged even though
neglect of the duties of his office by maliciously failing to the client-lawyer relationship did not eventually
move the prosecution and punishment of the delinquent materialize because the client cannot afford the fee being
asked by the lawyer. The lawyer and his secretary or clerk
PERSONS LIABLE cannot be examined thereon.
(1) Any public officer; or PROCURADOR JUDICIAL

(2) Officer of the law.
A person who had some practical knowledge of law and
These officers are charged by law to prosecute offenses. procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.
Malice is an integral element. Lack of zeal or any delay in
the performance of duties does not constitute the crime. Under the Rules of Court, on the court of a justice of the
There must be bad faith or criminal intent to favor the peace, a party may conduct his litigation in person, with
offender. the aid of an agent or friend or with the aid of an attorney.

PREJUDICE TO THE CLIENT (2) Accepting a gift in consideration of the execution of

an act which does not constitute a crime, in
Essential when there is malicious breach of professional connection with the performance of his official duty
duty to inexcusable negligence or ignorance. (3) Agreeing to refrain, or by refraining from doing
something which it is his official duty to do, in
Not essential in the case of revelation of secrets or in the consideration of a gift or promise
representation of conflicting interests.
ELEMENTS OF DIRECT BRIBERY
To prejudice is equivalent to causing material or moral
damage to client. a. Offender is a public officer;
b. Offender accepts an offer or a promise or receives a
Revelation of secret signifies a communication of the same gift or present by himself or through another
to another. c. Such offer or promise be accepted, or gift or present
received by the public officer –
The secrets which should not be revealed are not limited i. With a view to committing some crime; or
to those learned by the lawyer in connection with a case ii. In consideration of an execution of an act
he is intervening but also includes all other secrets learned which does not constitute a crime, but the
from a client in the course of professional relationship. act must be unjust;
iii. To refrain from doing something which is his
PENALTY official duty to do; and
Under RA 10951, an attorney-at-law who commits a d. That the crime or act relates to the exercise of his
violation under Article 209 of the RPC shall suffer the functions as a public officer.
penalty of prisión correccional in its minimum period, or
fine not exceeding ₱40,000 to ₱200,000, or both, in BRIBERY EXISTS WHEN THE GIFT IS:
addition to the proper administrative sanction.
(1) Voluntarily offered by a private person;
(2) Solicited by the public officer and voluntarily
SECTION TWO: BRIBERY delivered by the private person;
(3) Solicited by the public officer but the private person
KINDS OF BRIBERY: delivers it out of fear of the consequences should the
(1) Direct Bribery (Art.210) public officer perform his functions (here the crime
(2) Indirect Bribery (Art. 211) by the giver does not fall under corruption of public
officials due to the involuntariness of the act).
ART. 210. DIRECT BRIBERY
ESSENTIAL ELEMENTS OF CRIME OF CORRUPTION OF
PERSONS LIABLE PUBLIC OFFICIAL BY MEANS OF BRIBERY PENALIZED
IN 2ND PARAGRAPH
(1) Public officers; or
(2) Assessors, arbitrators, appraisal and claim a. Person receiving the bribe shall be a public officer
commissioners, experts, or any other person as defined in Art. 203;
performing public duties. b. That said officer shall have actually received,
whether personally or by another, gifts or
Bribery cannot be committed by a private person. If he presents, or accepted offers or promises;
offers to bribe a public officer, he is liable for corruption c. That such reception or acceptance shall have been
of public officials (Art. 212). for the purpose of executing as act, which may or
may not be accomplished, but not constituting a
crime;
MODES OF COMMITTING DIRECT BRIBERY
d. That the person offering the gift or making the
promises shall be a private individual.
(1) Agreeing to perform, or by performing in
consideration of any offer, promise, gift, or present –
CONVICTION OF A PERSON IN BRIBERY
an act constituting a crime, in connection with the
In the FIRST MODE of direct bribery, the act need not be
performance of his official duties
actually committed. Mere agreement to execute the act is

sufficient. US vs. Alban) As regards to the second kind, DIRECT BRIBERY AND INDIRECT BRIBERY
mere agreement to execute the act does not suffice. DISTINGUISHED
If a public officer (e.g. Prosecutor or a Judge) receives The principal distinction between direct and indirect
money from a party litigant so that he would decide the bribery is that in the direct bribery, the officer agrees to
case in favor of said party litigant, the Prosecutor or the perform or refrain from doing an act in consideration of
Judge shall not be liable for direct bribery if he decides in the gift or promise. In indirect bribery, it is not necessary
favor of said party litigant if the party litigant, by the that the officer should do any act. It is sufficient that he
evidence adduced, deserves to win. (Sandoval) accepts the gift offered by reason of his office.
Direct bribery is a crime involving moral turpitude The essential ingredient of indirect bribery is that the
Moral turpitude can be inferred from the third element of public officer concerned must have accepted the gift or
the offense. The fact that the offender agrees to accept a material consideration. (Garcia vs. Sandiganbayan)
promise or gift and deliberately commits an unjust act or
refrains from performing an official duty in exchange for It is not necessary that the public officer should do any
some favors, denotes a malicious intent on the part of the particular act or even promise to do an act, it is enough
offender to renege on the duties which he owes his that he accepts gifts offered to him by reason of his office.
fellowmen and society in general. Also, the fact that the
offender takes advantage of his office and position is The gift is made to anticipate a favor from the public
betrayal of the trust reposed on him by the public. It is a officer in connection with his official duties or to reward
conduct clearly contrary to the accepted rules of right and past favors in connection with official duties.
duty, justice, honesty, and good morals. In all respects,
direct bribery is a crime involving moral turpitude. (Magno The act performed by the public officer is not unjust, so
vs. COMELEC) that even if there is an agreement between the public
officer and the giver regarding the performance thereof,
DIRECT BRIBERY AND ROBBERY, DISTINGUISHED indirect bribery is committed and not direct bribery under
par. 2 or the preceding article.
DIRECT BRIBERY ROBBERY
DIRECT BRIBERY INDIRECT BRIBERY
The person arrested has The person arrested has
committed a crime and he not committed a crime.
is threatened to give There is an agreement Usually, no such
money so as not to be between the public officer agreement exists.
prosecuted. and the giver of the gift or
present.
The transaction generally The transaction is neither
is mutual and voluntary. voluntary nor mutual but The offender agrees to It is not necessary that the
consummated by the use perform or performs an officer should do any
of force or intimidation. act or refrains from doing particular act or even
something, because of the promise to do an act, as it
gift or promise. is enough that he accepts
ART. 211. INDIRECT BRIBERY gifts offered to him by
reason of his office.
ELEMENTS
a. Offender is a public officer; ART. 211-A. QUALIFIED BRIBERY

b. He accepts the gifts;
c. The gifts are offered to him by reason of his office. PERSONS LIABLE
Mere promise is not sufficient; the offender must have Public officers entrusted with law enforcement.
accepted or received the present or gift.
HOW IT IS COMMITTED
Public officer refrains from arresting or prosecuting an

offender who has committed a crime punishable by

reclusion perpetua and/or death in consideration of any C. Section 345 of the Internal Revenue Code and
offer, promise, gift or present; Section 3604 of the Tariff and Customs Code and
other provisions of the said Codes penalizing
Public officer asks or demands such gift or present. abuse or dishonesty on the part of the public
officials concerned;
PENALTY D. Other laws, rules and regulations punishing acts
of graft, corruption and other forms of official
Public officer shall suffer penalty for the offense which abuse;
was not prosecuted; (2) Any person who willingly testifies against any public
official or employee for such violation. (Sec. 1, PD 749)
NOTE: The crime is considered a capital offense, hence,
bail is not a matter of right. CORRUPTION OF PUBLIC
DIRECT BRIBERY
OFFICIALS
Death penalty was abolished by R.A No. 9346, so the The public officer agrees to The person who conspired
penalty of death in this crime is reduced to reclusion perform an act either with the public officer, who
perpetua. constituting or not made the promise, offer, or
constituting a crime, in gave the gifts or presents,
ART. 212. CORRUPTION OF PUBLIC consideration of any offer, may be indicted only under
promise, gift or present Article 212 for Corruption of
OFFICIALS received by such officer. Public Officials, regardless
of any allegation of
ELEMENTS Only the public officer may conspiracy.
be indicted and be held
a. Offender makes offers or promises or gives gifts or liable for Direct Bribery
presents to a public officer; under 210
b. The offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery. CHAPTER THREE: FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS
The offender is the giver of gifts or offeror of promise.
ART.213. FRAUDS AGAINST THE PUBLIC
The public officer sought to be bribed is not criminally TREASURY AND SIMILAR OFFENSES
liable, unless he accepts the gift or consents to the offer of
the offender. ACTS PUNISHED
Article 212 punishes the person who made the offer or

(1) Entering into an agreement with any interested party
promise or gave the gift, even if the gift was demanded by
or speculator or making use of any other scheme, to
the public officer and the offer was not made voluntarily
defraud the Government, in dealing with any person
prior to the said demand by the public officer.
with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of
Bribery is usually proved by evidence acquired in
accounts relating to public property or funds;
entrapment.
(2) Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
The following are exempt from prosecution or punishment by law, in collection of taxes, licenses, fees, and other
for the offense with reference to which his information imposts;
and testimony was given: (3) Failing voluntarily to issue a receipt, as provided by
(1) Any person who voluntarily gives information about law, for any sum of money collected by him officially,
any violation of: in the collection of taxes, licenses, fees and other
A. Article 210, 211, and 212 of the Revised Penal imposts; and
Code; (4) Collecting or receiving, directly or indirectly, by way
B. Anti-Graft and Corrupt Practices Acts (R.A. 3019, of payment or otherwise, things or objects of a nature
as amended); different from that provided by law, in the collection
of taxes, licenses, fees and other imposts.
ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY ART. 214. OTHER FRAUDS
a. Offender is a public officer; The public officer who, by taking advantage of his official
b. He should have taken advantage of his public position, commits estafa or deceits embraced in Chapter
office, that is, he intervened in the transaction in VI, Title X, Book II, of the Penal Code, suffers the additional
his official capacity; penalty imposed by this article.
c. He entered into an agreement with any interested
party or speculator or made use of any other ELEMENTS
scheme with regard to:
i. Furnishing supplies; a. Offender is a public officer;
ii. The making of contracts; b. He takes advantage of his official position; and
iii. The adjustment or settlement of accounts c. He commits any of the frauds or deceits mentioned
relating to public property or funds in Article 315 to 318 (estafa, other forms of
d. Accused had intent to defraud the Government. swindling, swindling a minor, other deceits).
NOTE: The crime is committed by mere agreement as long NOTE: The public officer must take advantage of his
as the purpose is to defraud the government. official position
ELEMENTS OF ILLEGAL EXACTIONS ART. 215. PROHIBITED TRANSACTIONS

a. Offender is a public officer entrusted with the
ELEMENTS
collection of taxes, liens, fees, imports
b. He is guilty of any of the acts or omissions
a. Offender is an appointive public officer;
i. Demanding, directly or indirectly, payment of
Ex: Justices, judges, fiscals, and employees
sums different from or larger than those
engaged in the collection and administration of
authorized by law
public funds
ii. Failing voluntarily to issue receipts for any
b. During his incumbency, he becomes interested,
sum of money collected by him officially
directly or indirectly, in any transaction of
iii. Collecting, directly or indirectly, by way of
exchange or speculation;
payment/otherwise, things/objects of a
c. Within the territory of his jurisdiction; and
nature different from that provided by law
d. He becomes interested in the transaction during
his incumbency.
NOTE: The first kind of illegal exaction is committed by a
mere demand for the payment of larger sums than that
ACTS PUNISHED
authorized by law. Even if the public officer does not
The act of taking part in any business for gain or profit or
receive the excessive amount or sums demanded, the
of dedicating to commerce, the operations of which are
crime is already committed. So if the said sums are
subject to the jurisdiction of the public officer.
received without demanding the same, the felony is not
committed; but if the same were given as a sort of a gift or
NOTE: Actual Fraud is not required. The act is being
gratification because of his office, indirect bribery may be
punished for the possibility that fraud may be committed
committed. (Ramiscal vs. Sandiganbayan)
or that the officer might place his own interest above that
of the government.
Criminal intent must be shown in the sense that the sums
were demanded by the public officer knowing them to be
Examples of transactions of exchange or speculation:
excessive. If good faith is present, there is no criminal
buying and selling stocks, commodities, land, etc. wherein
liability.
one hopes to take advantage of an expected rise or fall in
price.
PENALTY
Under RA 10951, those who commit any of the punishable
Purchasing of stocks or shares in a company is simple
acts under Article 213 of the RPC shall suffer the penalty of
investment and not a violation of the article. However,
prisión correccional in its medium period to prisión mayor
regularly buying securities for resale is speculation.
in its minimum period, or a fine ranging from ₱40,000 to
₱2,000,000, or both.

What the appointive public officer may not do is to buy ART. 217. MALVERSATION OF PUBLIC
regularly securities for the purpose of profiting by a resale
FUNDS OR PROPERTY; PRESUMPRION IF
thereof or devote himself to commerce.
MALVERSATION
The offender may also be held liable under RA 3019 Sec 3(i).
ELEMENTS
AMENDMENTS UNDER RA. 10951:

Under Sec. 38, the fines now range from Php 40,000.00
b. He had the custody or control of funds or property
to Php 200,000.00.
by reason of his duties;
c. Such funds or property were public funds or public
ART. 216. POSSESSION OF PROHIBITED property
INTEREST BY A PUBLIC OFFICER d. That he committed any of the following acts:
i. Appropriating public funds or property;
PERSONS LIABLE ii. Taking or misappropriating the same;
iii. Consenting or through abandonment or
(1) Public officer who, directly or indirectly, became negligence, permitting any person to take the
interested in any contract or business in which it was same; and
his official duty to intervene; iv. Misappropriation or malversation of such public
(2) Experts, arbitrators and private accountants, who, in funds or property.
like manner, took part in any contract or transaction
connected with the estate or property in the “MALVERSATION” Consists in misappropriation or
appraisal, distribution or adjudication of which they conversion of public funds or property to one’s personal
have acted; and use or in knowingly, or through abandonment or
(3) Guardians and executors with respect to the property negligence allowing others to misappropriate them. It is
belonging to their wards or the estate. otherwise called embezzlement.
NATURE OF THE CRIME “EMBEZZLEMENT” Refers to malversation and estafa by

conversion.
The mere violation of the prohibition is punished although
no fraud occurs therefrom because the probability that One essential element of malversation is that a public
fraud may be perpetuated does exist or at least the public officer must take public funds, money or property, and
officer may defer the State’s interest to his own. (US vs. misappropriate it to his own private use or benefit.
Ubarde)
The key word in Art. 217 of the Revised Penal Code is “take”
It is not enough to be a public official to be subject to this and there must be asportation of public funds or property,
crime, it is necessary that by reason of his office, he has akin to the taking of another’s property in theft. The funds,
intervened in said contracts or transactions, and hence, money or property taken must be public funds or private
the official who intervenes in contracts or transactions funds impressed with public attributes or character for
which have no relation to his office cannot commit this which the public officer is accountable. (Salamera vs.
crime. Sandiganbayan)
PENALTY WHAT NEEDS TO BE PROVED

Under RA 10951, public officers who commit a violation
under Article 216 of the RPC shall suffer the penalty of (1) That the accused received public funds or property;
prisión correccional in its minimum period or a fine (2) That he could not account for them;
ranging from ₱40,000 to ₱200,000, or both. (3) That he did not have them in his possession; and
(4) That he could not give reasonable excuse for the
disappearance of the same.
CHAPTER FOUR: MALVERSATION OF
PUBLIC FUNDS OR PROPERTY ACCOUNTABLE PUBLIC OFFICER
One who has custody or control of public funds or

property by reason of the duties of his office.

municipal funds, revenues or property. (Art. 222,

To be liable for malversation, an accountable officer need People vs. Luz)
not be a bonded official. The name or relative importance (2) If such private person takes a direct participation
of the office or employment is not the controlling factor. in the commission of the malversation of public
What is decisive is the nature of the duties that he funds or property by a public officer or cooperates
performs and that as part of, and by reason of said duties, in the commission of the same, he is guilty as a co-
he receives public money or property which he is bound to principal. (U.S v. Ponte citing Groizard and Viada)
account. (Quinon vs. People)
PRIVATE FUNDS OR PROPERTY MAY ALSO BE SUBJECT
Malversation may be committed either through a positive OF MALVERSATION
act of misappropriation of public funds or property or
passively through negligence by allowing another to Art. 222 provides that malversation may be committed
commit such misappropriation. upon property placed in the custody of public officers by
reason of their office even if such property belongs to a
To sustain a charge of malversation, there must be either private individual. Such phrase denotes the express
criminal intent or criminal negligence and while the intention of the Code to make accountable for public
prevailing facts of a case may not show that deceit officers guilty of malversation of private funds or property
attended the commission of the offense, it will not as long as such were placed in their custody.
preclude the reception of evidence to prove the existence
of negligence because both are equally punishable in Art. Even if the funds belong to a private individual, they
217 of the Revised Penal Code. become impressed with the characteristics of public funds
or partake of the characteristics of public funds, when they
The felony involves breach of public duty, and whether it are entrusted to an accountable public officer for his
is committed through deceit or negligence, the law makes official custody.
it punishable and prescribes a uniform penalty therefor.
Even when the information charges willful malversation, While malversation may be committed through
conviction for malversation through negligence may still negligence, not all abandonment or negligence constitutes
be adjudged if the evidence ultimately proves that the malversation but only such that approximates intent and
mode of commission of the offense. (People vs. Uy, Jr.) malice. To render such element a basis for conviction, the
negligence must be positively and clearly shown to be
A public officer having only a qualified charge of inexcusable, approximating malice or fraud.
government property without authority to part with
physical possession of it unless upon order from his The public officer must adopt the necessary precaution
immediate superior, cannot be held liable for malversation and zeal demanded by the circumstances. (People vs. Dela
(U.S. v. Webster) Cerna)
Presumption of misappropriation: When a demand is Good faith or honest mistake is a defense in malversation
made upon an accountable officer and he cannot produce Payment in good faith even if unauthorized as long as there
the fund or property involved, there is a prima facie is reasonable ground to believe that the public officer to
presumption that he had converted the same to his own whom the fund had been paid was entitled thereto, the
use. (Waacon vs. People) There must be indubitable proof accused is deemed to have acted in good faith; hence,
that thing unaccounted for exists. there is no criminal intent, and therefore no malversation.
(People vs. Fabian)
While demand is not an element of the crime of
malversation, it is a requisite for the application of the Demand is not necessary to constitute malversation
presumption. (Munib vs. People) It is merely a rule of evidence and no more, since, without
demand, affirmative proofs must be presented to show
General Rule: A private person cannot commit actual malversation but the moment it is shown that the
malversation. accountable officer does not have the funds where he says
he has them, malversation is committed. (People vs.
Exceptions: Tolentino)
(1) If such private person who in any capacity
whatever has charge of any insular, provincial, or

CONTROLLING TEST
Reimbursement: Mere failure of an accountable public
The nature of duties of the public officer and not the officer to produce funds under his custody on demand by
importance of his position. any officer authorized to examine his account, is prima
facie evidence of conversion and its refund even before
PRIMA FACIE EVIDENCE OF MALVERSATION commencement of criminal prosecution does not exempt
him from criminal liability. (People vs. Delevorio)
The failure of a public officer to have duly forthcoming any
public fund or property with which he is chargeable, upon PENALTY
demand by any duly authorized officer, shall be prima facie Under RA 10951, those public officers liable for malversing
evidence that he has put such missing funds or property to public funds, under Article 217 of the RPC, shall suffer:
personal uses. (Candao v. People) 1. The penalty of prisión correccional in its medium
and maximum periods, if the amount involved in the
An accountable public officer may be convicted of misappropriation or malversation does not exceed
malversation even if there is no direct evidence of Forty thousand pesos (₱40,000).
misappropriation and the only evidence is that there is 2. The penalty of prisión mayor in its minimum and
shortage in his accounts which he has not been able to medium periods, if the amount involved is more than
explain satisfactorily. (Quizo vs. Sandiganbayan) Forty thousand pesos (₱40,000) but does not exceed
One million two hundred thousand pesos
MALVERSATION (ART. ESTAFA WITH ABUSE OF (₱1,200,000).
217) CONFIDENCE (ART. 315) 3. The penalty of prisión mayor in its maximum period
Funds or property are Funds or property are to reclusion temporal in its minimum period, if the
usually public. always private. amount involved is more than One million two
Offender is usually an Offender is a private hundred thousand pesos (₱1,200,000) but does not
accountable public individual or even a public exceed Two million four hundred thousand pesos
officer for the public officer who is not (₱2,400,000).
funds/property. accountable for public 4. The penalty of reclusion temporal, in its medium
funds/property who acts and maximum periods, if the amount involved is more
in a private capacity. than Two million four hundred thousand pesos
Crime is commited by Crime is committed by (₱2,400,000) but does not exceed Four million four
appropriating, taking, or misappropriating, hundred thousand pesos (₱4,400,000).
misappropriating or converting, or denying 5. The penalty of reclusion temporal in its maximum
consenting or through having received money, period, if the amount involved is more than Four
abandonment or goods or other personal million four hundred thousand pesos (₱4,400,000) but
negligence, permitting property. does not exceed Eight million eight hundred
any other person to take thousand pesos (₱8,800,000). If the amount exceeds
the public funds or the latter, the penalty shall be reclusion perpetua.
property.
No element of damage. There is damage. In all cases, persons guilty of malversation shall also suffer
Demand not necessary. There is a need for prior t he penalty of perpetual special disqualification and a fine
demand. equal to the amount of the funds malversed or equal to the
total value of the property embezzled.
If a private person in conspiracy with an accountable
officer is accused of malversation and the public officer is
acquitted, the private person may be convicted for the ART. 218. FAILURE OF ACCOUNTABLE
crime of estafa as such offense is necessarily included in OFFICER TO RENDER ACCOUNTS
malversation. (people vs. Salazar)
ELEMENTS
RETURN OR REIMBURSEMENT
Return: Mitigating circumstance if promptly returned. a. Offender is a public officer whether in the service or
(People vs. Velaszquez) However, it is not a mitigating separated therefrom by resignation or any other
circumstance if the return is made after sometime as it cause;
cannot then be considered analogous to voluntary b. He is accountable for public funds or property;
surrender. (People vs. Amante) Only the civil liability will c. He is required by law or regulation to render account
be extinguished. to the Auditor General or to a Provincial Auditor; and
d. He fails to do so for a period of two (2) months after ART. 219. FAILURE OF A RESPONSIBLE
such accounts should be rendered.
PUBLIC OFFICER TO RENDER ACCOUNTS
“TO RENDER ACCOUNT XXX TO PROVINCIAL EDITOR”
BEFORE LEAVING THE COUNTRY.
Means that the accounts should be rendered at the office
of the Provincial Auditor and hence, the failure to render ELEMENTS
the account must be deemed committed in the same place.
(People vs. Batog) a. Offender is a public officer whether in active
service or not;
Article 218 does not require that there be a demand by the b. He is accountable for public funds or property; and
Commission on Audit or provincial auditor that the public c. He leaves or attempts to unlawfully leave the
officer should render an account. country without clearance from the Commission
on Audit that his accounts have been settled.
This is a felony by omission and misappropriation is not
necessary – the reason for this is that the law does not so Demand for accounting is not necessary. It is also not
much contemplate the possibility of malversation as the essential that there be misappropriation because if
need of enforcing by a penal sanction the performance of present, the crime would be malversation.
the duty incumbent upon every public employee who
handles government funds, as well as every depositary or NOTE: The act of leaving the country must be
administrator of another’s property, to render an account unauthorized or not permitted by law.
of all he receives or has in his charge by reason of his
employment. Misappropriation is not necessary. If there is PENALTY
misappropriation, he would be liable also for malversation Under RA 10951, a public officer who unlawfully leaves or
under Article 217. attempts to leave the Philippines without securing a
certificate from the COA showing that his accounts have
The design of the law is to impart stability to the good been finally settled, punishable under Article 219 of the
order and discipline which should prevail in the RPC, shall be punished by arresto mayor or fine ranging
organization and workings of the public service by from ₱40,000 to ₱200,000, or both.
punishing the employee who should disobey a law or
regulation, lawfully made by a competent officer for the
rendition of accounts. (US vs. Sebron)
ART. 220. ILLEGAL USE OF PUBLIC
The presumption of conversion incarnated in Art. 217, par. FUNDS OR PROPERTY
4 of the Revised Penal Code is – by its very nature –
rebuttable. To put it differently, the presumption under This felony is known as “technical malversation” – a penal
the law is not conclusive but disputable by satisfactory sanction to the constitutional provision that no money
evidence to the effect that the accused did not utilize the shall be paid out of the treasury except in pursuance of an
public funds or property for his personal use, gain, or appropriation made by law. (Sec. 29(1), Art. VI, 1987
benefit. Constitution)
PENALTY ELEMENTS
Under RA 10951, a public officer who unlawfully leaves or
attempts to leave the Philippines without securing a a. Offender is an accountable public officer;
certificate from the COA showing that his accounts have b. There is public fund or property under his
been finally settled, punishable under Article 219 of the administration;
RPC, shall be punished by arresto mayor or fine ranging c. Such fund or property were appropriated by law or
from ₱40,000 to ₱200,000, or both. ordinance; and
d. The public use for which the public funds or property
were applied is different from the purpose for which
they were originally appropriated.
Damage is not an essential element and the offender

derives no benefit. However, if no damage or

embarrassment to the public service resulted, the penalty PENALTY

is a fine only from 5 to 50 per cent of the sum misapplied. Under RA 10951, those public officers who commit a
violation under Article 221 shall shall be punished by
TECHNICAL MALVERSATION OF arresto mayor and a fine graduated in such case by the
MALVERSATION PUBLIC FUNDS value of the thing, but not less than ₱10,000.
Offenders are Offender is a public
accountable public officer. ART. 222. OFFICERS INCLUDED IN THE
officer. PRECEDING PROVISIONS
The offender derives no There is, generally, a
personal gain or benefit personal benefit derived PERSONS LIABLE
from the commission of from the proceeds of the
the act. crime.
(1) Private individual who, in any capacity, have charge of
The object to which the The conversion is for the any national, provincial or municipal funds, revenue,
fund or property is personal interest of the or property.
applied is also public but offender. (2) Administrator or depositary of funds or property that
different from that has been attached, seized or deposited by public
provided by law. authority, even if owned by a private individual.
For technical malversation to exist, it is necessary that This article extends the application of the provisions on
public funds or properties were diverted to any public use malversation to private individuals who have charge of
other than that provided for by law or ordinance. To public funds or property if entrusted to the custody of a
constitute a crime, there must be a diversion of the funds public officer for which he becomes accountable.
from the purpose for which they had been originally
appropriated by law or ordinance. (Tetangco vs. To be accountable, the private individual must have charge
Ombnudsman) of any national, provincial or municipal funds, revenues or
property.
There must be a law or ordinance appropriating public
funds or property for a specific purpose which the accused “Administrator or Depositary” Refers to those persons
has violated. (People vs. Montemayor) who have charge of funds or property attached or seized
or deposited by public authority.
In technical malversation, lack of intent is not a defense
because it is malum prohibitum. It is the commission of an
“Sheriffs and receivers” Fall under the term administrator.
act as defined by the law, and not the character or effect
thereof, that determines whether the provision has been
A judicial administrator in charge of settling the estate of
violated. Hence, malice or criminal intent is completely
the deceased is not covered by this article.
irrelevant.
ART. 221. FAILURE TO MAKE DELIVERY

OF PUBLIC FUNDS OR PROPERTY CHAPTER FIVE: INFIDELITY OF PUBLIC
OFFICERS
ELEMENTS
SECTION ONE: INFIDELITY IN THE

a. The public officer has Government funds in his
possession; CUSTODY OF PRISONERS
b. He is under obligation to either –
i. Make payment of such funds KINDS OF INFIDELITY OF PUBLIC OFFICERS:
ii. Delivery property in his custody or (1) Infidelity in the custody of prisoners.
administration when ordered by competent (2) Infidelity in the custody of documents.
authority (3) Revelation of secrets.
c. He maliciously fails or refuses to do so

ART. 223. CONNIVING WITH OR ART. 224. EVASION THROUGH

CONSENTING TO EVASION NEGLIGENCE
ELEMENTS ELEMENTS
a. The offender is a public officer; a. Offender is a public officer;

b. He has under his custody or charge a prisoner b. He is charged with the conveyance or custody of a
serving sentence by final judgment or a detention detention prisoner or prisoner by final judgment;
prisoner; c. The escape occurs through his negligence.
c. Such prisoner escaped from his custody; and
d. He connives with or consent to the escape of such Not every mistake is negligence under this article. There
prisoner. must have been definite laxity amounting to deliberate
non-performance of duty. This is the distinction between
CLASSES OF PRISONERS INVOLVED neglect that is properly dealt with administratively, and
neglect that gives rise to the crime of infidelity in the
(1) Those who have been sentenced by final judgment to custody of prisoners through negligence. (People v. Flosa,
any penalty; and citing People v. Nava)
(2) Detention prisoners who are temporarily held in
custody for any crime or violation of law or municipal This covers only positive carelessness and definite laxity
ordinance. which amounts to deliberate non-performance of duties.
This includes allowing prisoners to sleep and eat in the If a policeman who was on guard duty unlocked the door
officer‘s house or utilizes the prisoner‘s services for of the jail to let a detention prisoner go out and clean the
domestic chores. premises, but on the latter’s third trip to a nearby faucet,
he walked behind the police headquarters, climbed over
The release of a detention prisoner who could not be the wall and escaped, the crime of Evasion through
delivered to judicial authorities within the time fixed by negligence is not committed by the police on guard duty.
law is not infidelity in the custody of a prisoner. (People vs. Solis, CA 43 O.G. 50)
Without connivance in the escape of the prisoner on the The fact that the public officer recaptured the prisoner
part of the person in charge, this crime is not committed. who had escaped from his custody does not afford
complete exculpation.
Mere leniency or laxity in the performance of duties does
not constitute infidelity. THE LIABILITY OF AN ESCAPING PRISONER
Infidelity in the Custody of Detained Persons under (1) If he is a prisoner by final judgment, he is liable for
Republic Act No. 9372 evasion of service (Art. 157);
Any public officer who has direct custody of a detained (2) If he is a detention prisoner, he does not incur
person or under the provisions of R.A No. 9372 and who criminal liability (unless cooperating with the
by his deliberate act, misconduct, or inexcusable offender).
negligence causes or allows the escape of such detained
person shall be guilty of an offense and shall suffer the ART. 225. ESCAPE OF PRISONER UNDER
penalty of: THE CUSTODY OF A PERSON NOT A
(1) Detained person has already been convicted
PUBLIC OFFICER
and sentenced in a final judgment of a
competent court;
ELEMENTS
Twelve 12 years and one 1 day to twenty 20 years
of imprisonment
a. Offender is a private person;
(2) Detained person has not been convicted and
b. The conveyance or custody of a prisoner or person
sentenced in a final judgment of a competent
under arrest is confided to him;
court.
c. The prisoner or person under arrest escapes; and
Six 6 years and one 1 day to twelve 12 years of
d. Offender consents to the escape, or that the escape
imprisonment
takes place through his negligence.
If the offender who aided or consented to the prisoner‘s are secreted away in a place where they could not be
escaping from confinement, whether the prisoner is a found.
convict or a detention prisoner, is not the custodian, the
crime is delivering prisoners from jail under Article 156. Documents as used here have the same meaning as that
which has been defined and explained in the crime of
The party who is not the custodian but who conspired with falsification. It also includes “papers” entrusted to the
the custodian in allowing the prisoner to escape does not public officer, which may include papers missing
commit infidelity in the custody of the prisoner. contained in an envelope received by a postmaster for
transmission to another. If the postmaster abstracted the
Art. 225 is not applicable if a private person was the one money, infidelity is committed.
who made the arrest and he consented to the escape of the
person he arrested. It is not necessary that the act of removal be coupled with
proof of intention to conceal.
The offender is not the one who arrested the escaping
prisoner but the one who agreed to have the custody or The damage to third persons or to the public must be
charge of the same. actual but need not be pecuniary or material. Mere alarm
to the public or in the alienation of its confidence in any
AS AN ACT OF NEGLIGENCE branch of the government service is sufficient.
Policeman escorted detained prisoner to the court. After
the court adjourned, he let her eat lunch with her family, It is essential that there be damage or intent to cause said
permitted her to go to the ladies’ washroom unescorted damage, although need not be serious, to a third person or
and after her escape, did not report it immediately to his to public interest. Without any damage, the crime is not
superiors, instead he went around looking for her. SC held committed.
that he is guilty of the crime in Art 224 for being negligent
in the performance of his duties which made the escape of The crime is consummated the moment the documents
Sacris possible. (People vs. Rodillas) under the custody of the public officer are removed from
the place where they are kept.
SECTION TWO: INFIDELITY IN THE
WHEN OFFENDER IS A PRIVATE INDIVIDUAL
CUSTODY OF DOCUMENT
A private individual who conspires with a mail carrier in
ART. 226. REMOVAL, CONCEALMENT, OR the offense of removing, concealing and destroying mail
DESTRUCTION OF DOCUMENTS matters, may be convicted or infidelity in the custody of
the documents following the doctrine that even private
ELEMENTS parties who participates with a public officer in
committing malversation can also be punished for the
a. Offender is a public officer; offense. (People vs. Agustin)
b. He abstracts, destroys, or conceals documents or
papers; But a private individual who conceals, removes, destroys
c. Such documents or papers were entrusted to him by official documents or papers with intent to defraud
reason of his office; and commits estafa. (Art. 315, paragraph 3)
d. Damage to a third party or to the public.
PENALTY
“REMOVAL” Presupposes appropriation of the official Under RA 10951, those public officers who destroy or
documents. The removal, however, must be for an illicit conceal documents or papers officially entrusted to them
purpose. (Manzarinis vs. People) shall be liable to pay a fine not exceeding ₱200,000 and the
penalty of prisión mayor.
“DESTRUCTION” Equivalent to rendering useless or the
obliteration of said documents; the complete destruction Whenever the damage caused to a third party or to the
thereof is necessary. public interest is not serious, The penalty of prisión
correccional in its minimum and medium period and a fine
“CONCEALMENT” Means that the documents are not not exceeding P200,000 shall be imposed.
forwarded to their destination; it is not necessary that they

ART. 227. OFFICER BREAKING SEAL PENALTY

Under RA 10951, public officers who commits a violation
ELEMENTS under Article 228 of the RPC shall shall suffer the penalties
of arresto mayor, temporary special disqualification and a
a. Offender is a public officer; fine not exceeding ₱400,000.
b. He has custody of papers or property;
c. Such papers or property have been sealed by SECTION THREE: REVELATION OF
authority; and
SECRETS
d. Offender breaks the seals or permits them to be
broken without any authority.
ART. 229. REVELATION OF SECRETS BY
NOTE: AN OFFICER
• In "breaking of seal", the word "breaking" should
not be given a literal meaning. If the custodian ACTS PUNISHED
managed to open the parcel without breaking the
seal, breaking is present.
(1) REVEALING ANY SECRETS KNOWN TO THE
• Damage is not an element. The crime may be
OFFENDING PUBLIC OFFICER BY REASON OF HIS
committed through negligence.
OFFICIAL CAPACITY;
PENALTY
Elements:
Under RA 10951, public officers who commits a violation
under Article 227 of the RPC shall shall suffer the penalties
b. He knows of a secret by reason of his official
of prisión correccional in its minimum and medium
capacity;
periods, temporary special disqualification and a fine not
c. He reveals such secret without authority or
exceeding ₱400,000.
justifiable reasons; and
d. Damage, great or small, is caused to the public
ART. 228. OPENING OF CLOSED interest.
DOCUMENTS
(2) WRONGFULLY DELIVERING PAPERS OR COPIES
ELEMENTS OF PAPERS OF WHICH HE MAY HAVE CHARGE,
AND WHICH SHOULD NOT BE PUBLISHED
b. He is not included in the provisions of Art. 229 Elements:
(Revelation of secrets by an officer); a. Offender is a public officer;
c. He is entrusted with the custody of closed papers, b. He has charge of papers;
documents or objects; and c. Those papers should not be published;
d. He opens or permits the same to be opened d. He delivers those papers or copies thereof to a
without proper authority. third person;
e. The delivery is wrongful; and
NOTE: f. Damage is caused to public interest.
• If the closed document is sealed and in opening it
the seal is broken, the act is punished under Art. CHARGE
227 (Breaking of seal) Means custody or control. If he is merely entrusted with
• If the opening of the closed document, the public the papers and not with the custody thereof, he is not
officer abstracted its contents, the crime of theft is liable under this article.
committed.
• The closed document that was opened must be The secrets referred to in this article are those which have
entrusted to the public officer by reason of his an official or public character, the revelation of which may
office. prejudice public interest. They refer to secrets relative to
• Damage also not necessary. Mere opening of the the administration of the government.
closed document constitutes the crime.

These secrets do not include military secrets or those Revelation to one person is sufficient. When the offender
affect the security of the State as the latter may constitute is a public attorney or a solicitor, the act of revealing the
espionage. secret should not be covered by Art 229.
Damage is also not an essential element although a higher
penalty is imposed where the act has caused serious It is not necessary that damage be suffered by private
damage to public interest. individual, although a higher penalty is imposed where the
act has caused serious damage to public interest.
ART 229 AND ART 226, DISTINGUISHED
The reason for this provision is to uphold faith and trust
REMOVAL, in public service.
REVELATION OF
CONCEALMENT OR
SECRETS BY AN OFFICER
DESTRUCTION OF PENALTY
(ART. 229)
DOCUMENTS (ART. 226) Under RA 10951, a public officer who commits a violation
The papers contain secrets The papers do not under Article 230 of the RPC uffer the penalties of arresto
and therefore should not contain secrets but their mayor and a fine not exceeding ₱200,000.
be published, and the removal is for an illicit
public officer having purpose.
CHAPTER SIX: OTHER OFFENSES OR
charge thereof removes
and delivers them
IRREGULARITIES BY PUBLIC OFFICERS
wrongfully to a third
person. ART. 231. OPEN DISOBEDIENCE
PENALTY ELEMENTS
Under RA 10951, a public officer who commits a violation
under Article 229 of the RPC shall suffer the penalty of a. Offender is any judicial or executive officer;
penalties of prisión correccional in its medium and b. There is judgment, decision or order of a superior
maximum periods, perpetual special disqualification and, a authority made within the scope of the jurisdiction
fine not exceeding ₱400,000, if the act complained of shall of the latter and issued with all legal formalities; and
have caused serious damage to the public interest. c. Offender openly refuses to execute such judgment,
Otherwise, a fine not exceeding ₱100,000, and the decision or order.
penalties of prisión correccional in its minimum period,
and temporary special disqualification shall be imposed. OPENLY
According to its grammatical meaning means, “without
reservation”, “frankly” or “decisively”.
ART. 230. PUBLIC OFFICER REVEALING
The refusal must be clear, manifest, and decisive or a
SECRETS OF PRIVATE INDIVIDUAL
repeated and obstinate disobedience in the fulfillment of
an order.
ELEMENTS
The refusal must be intentional and must not be confused
with omission arising from oversight, mistake or
erroneous interpretation of the order.
b. By reason of his office he came to know of the
secrets of a private person; and
Open disobedience is committed by any judicial or
c. He reveals such secrets without authority or
executive officer who shall openly refuse to execute the
wrongfully delivers said papers.
judgement, decision, or order of any superior authority
The secrets referred to in this article are those which have

PENALTY
an official or public character, the revelation of which may
Under RA 10951, any judicial or executive officer who
prejudice public interest. They refer to secrets relative to
commits a violation under Article 231 of the RPC shall
the administration of the government.
suffer the penalties of arresto mayor in its medium period
to prisión correccional in its minimum period, temporary
These secrets do not include military secrets or those
special disqualification in its maximum period and a
which affect the security of the State as the latter may
finenot exceeding ₱200,000.
constitute espionage.

ART. 232. DISOBEDIENCE TO ORDER OF But mere demand will fall under the prohibition under the
provision of Republic Act No. 3019.
SUPERIOR OFFICERS, WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR
Any refusal by a public officer to render assistance when
OFFICER
demanded by competent public authority, as long as the
assistance requested from him is within his duty to render
ELEMENTS
and that assistance is needed for public service,
constitutes refusal of assistance.
b. For a reason, he has suspended the execution of an
order of his superior; Investigators and medico-legal officers who refuse to
c. The superior has disapproved the said suspension; appear to testify in court after having been subpoenaed
d. Offender still disobeys his superior’s disapproval. may also be held liable under this article.
The order of the superior must be legal or issued within PENALTY

his authority. Under RA 10951, a public officer who commits a violation
under Article 233 of the RPC shall suffer the penalties of
The disobedience must be open and repeated. What is arresto mayor in tits medium period to prisión
punished by the law is insubordination of the act or defying correccional in its minimum period, perpetual special
the authority which is detrimental to public interest. disqualification and a fine not exceeding ₱200,000, if the
omission shall result in serious damage to the public
If the suspension is disapproved by the superior officer, interest or to a third party. Otherwise, a fine not exceeding
and the subordinate persists in his disobedience, it is ₱100,000 and imprisonment of arresto mayor in its
necessary that the superior reiterates compliance of the medium and maximum periods shall be imposed.
order disobeyed before the act punished in this article can
be committed.
ART. 234. REFUSAL TO DISCHARGE
What is punished by the law is insubordination or the act ELECTIVE OFFICE
of defying the authority which is detrimental to public
interest. ELEMENTS
ART. 233. REFUSAL OF ASSISTANCE a. Offender was elected by popular election to a

public officer; and
b. He refuses without legal motive to be sworn in or
ELEMENTS
to discharge the duties and office.

Once an individual is elected to an office by the will of the
b. He fails to lend his cooperation towards the
people, discharge of duties becomes a matter of duty, not
administration of justice or other public service;
only a right. This only applies for elective, not appointive
c. Said failure or refusal was made upon demand of
officers.
competent authority.
PENALTY
Damage is not an element. Serious damage to public
Under RA 10951, any person who refuses to be sworn in or
interest or a third person merely aggravates the imposition
to discharge his duties, without legal motive, after being
of the penalty.
elected to public office, shall suffer the penalty of arresto
mayor or a fine not exceeding ₱200,000.
The accused public officer should be under the obligation
by reason of his office to render the required assistance to
the administration of justice or any public service. The
refusal, however, must be positively malicious.
The request must come from one public officer to another.

If he receives consideration therefore, bribery is
committed.

ART. 235 MALTREATMENT OF (12) years and one day to twenty (20) years of
imprisonment as provided under Section 25.
PRISONERS
ELEMENTS PENALTY
Under RA 10951, The penalty of prisión correccional in its
a. Offender is a public officer or employee; medium period to prisión mayor in its minimum period, in
b. He has under his charge a prisoner or detention addition to his liability for the physical injuries or damage
prisoner; and caused, shall be imposed upon any public officer or
c. That he maltreats such prisoner in either of the employee who shall overdo himself in the correction or
following manners: handling of a prisoner or detention prisoner under his
i. By overdoing himself in the correction or charge, by the imposition of punishments not authorized
handling of a prisoner or detention prisoner by the regulations, or by inflicting such punishments in a
under his charge either by- cruel and humiliating manner.
(1) Imposition of punishment not
authorized by regulation, or "If the purpose of the maltreatment is to extort a
(2) Inflicting such authorized punishment confession, or to obtain some information from the
in a cruel and humiliating manner. prisoner, the offender shall be punished by prisión mayor
ii. By maltreating such prisoner to extort a in its minimum period, temporary special disqualification
confession or to obtain some information and a fine not exceeding ₱100,000, in addition to his
from the prisoner. liability for the physical injuries or damage.
“Under his charge” means actual charge, not one which is SECTION TWO: ANTICIPATION,
by legal fiction. (People vs. Javier)
PROLONGATION AND ABANDONMENT
If the public officer is not the custodian of the prisoner, OF THE DUTIES AND POWERS OF
and he manhandles the latter, the crime is physical PUBLIC OFFICE
injuries.
ART. 236 ANTICIPATION OF DUTIES OF A

The offended party must be a convict by final judgment
or a detention prisoner. PUBLIC OFFICE:
If the person is not a convict or a detention prisoner, the ELEMENTS

crime committed would either be coercion or physical
injuries: a. Offender is entitled to hold a public office either by
(1) Coercion: If the person not yet confined in jail is appointment or election;
maltreated to make him confess his guilt. b. The law requires that offender should be first sworn
(2) Physical injuries: If the person maltreated has to or should first give a bond; and
already been arrested but is not yet booked in the c. That offender assumes performance of said duties
office of the police and put in jail. without first being sworn to or without first giving a
bond
The maltreatment must relate to (1) the correction or
handling of the prisoner or (2) for extorting a confession. Offender is suspended from office until he shall be sworn
If it is due to a personal grudge against the prisoner, the or until he gives a bond. Penalty is fine from P40,000 to
crime is physical injuries. P100,000 as provided under R.A. No. 10951.
Offender may also be held liable for physical injuries or
damage caused.
ART. 237 PROLONGING PERFORMANCE
See: Human Security Act of 2007 (R.A. 9372) OF DUTIES AND POWERS
Section 24 thereof prohibits the use of torture or coercion
in the investigation and interrogation of the detained ELEMENTS
persons. Evidence obtained in violation of such will be
inadmissible in any proceedings and the person who will a. Offender is a public officer; and
use torture or coercion shall suffer the penalty of twelve b. He continues to exercise the duties and powers of
his office, employment or commission, beyond the
period provided by law, regulations or special SECTION THREE: USURPATION OF

provisions applicable to the case.
POWERS AND UNLAWFUL
NOTE: The offenders contemplated here can be those APPOINTMENTS
suspended, separated, declared over-aged, or dismissed.
ART. 239 USURPATION OF LEGISLATIVE
PENALTY POWERS
under Article 237 of the RPC, shall suffer the penalties
ELEMENTS
prisión correccional in its minimum period, special
temporary disqualification in its minimum period and a
a. Offender is an executive or judicial officer;
fine not exceeding ₱100,000.
b. He encroaches upon the powers of the legislative
branch of the government; and
ART. 238 ABANDONMENT OF OFFICE OR c. Such usurpation consists in making general rules
POSITION. or regulations beyond the scope of his authority by
attempting to repeal a law or suspending the
execution thereof.
ELEMENTS
PENALTY
b. He has tendered his resignation from his position; under Article 239 of the RPC shall suffer the penalties of
c. His resignation has not yet been accepted; and
prisión correccional in its minimum period, temporary
d. He abandons his office to the detriment of public special disqualification and a fine not exceeding ₱200,000.
service.
ART. 240. USURPATION OF EXECUTIVE

There must be a written formal resignation. It is
indispensable to a resigning employee. FUNCTIONS
The crime is qualified if the office is abandoned to evade ELEMENTS

the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One and a. Offender is a judge; and
Chapter One of Title Three of the Code. (Treason, b. He assumes any power pertaining to the executive
conspiracy to commit treason, espionage, piracy or mutiny authorities or obstructs the latter in the lawful
on the high seas, etc. rebellion, sedition, inciting to exercise of their powers.
rebellion or sedition, etc.)
ART. 241. USURPATION OF JUDICIAL
ABANDONMENT OF OFFICE OR POSITION AND
FUNCTIONS
DERELICTION OF DUTY DISTINGUISHED:
ELEMENTS
ABANDONMENT OF OFFICE DERELICTION OF DUTY
OR POSITION (ART. 238) (ART. 208) a. Offender is an officer of the executive branch of
Committed by any public Committed only by public the government; and
officer. officers who have the duty b. He assumes judicial powers or obstructs the
to institute prosecution for execution of any order or decision rendered by a
the punishment of judge within his jurisdiction.
violations of the law.
There is actual abandonment Public officer does not NOTE: Article 239 to 241 punish interference by officers of
through resignation to evade abandon his office but one of the three departments of the government with the
the discharge of duties. merely fails to prosecute a functions of an official of another department to maintain
violation of the law. the separation and independence of the three
departments.

Usurpation of one officer of a given department of the ART. 244. UNLAWFUL APPOINTMENTS
power of another officer in the same department is not
covered, like the exercise by a bureau employee of the ELEMENTS
powers of his directors.
Legislative officers are not punished for crimes under
b. He nominates or appoints a person to a public
Articles 239 to 241.
office;
c. Such person lacks the legal qualifications for the
ART. 242. DISOBEYING REQUEST FOR office; and
DISQUALIFICATION d. He has the knowledge of the lack of qualifications
of said person.
ELEMENTS
NOTE:
a. Offender is any public officer; • The offense is committed by nominating or
b. There is a proceeding pending before him; appointing. Recommending, knowing that the
c. He has been lawfully required to refrain from person recommended is not qualified is not a
taking cognizance of such proceeding; and
crime.
d. He continues such proceeding before the question
• There must be a law providing for the
of jurisdiction has been decided.
qualifications of a person to be nominated or
appointed to a public office.
NOTE: The disobedient officer is liable even if the
• In addition to a penalty under this act, penalties
jurisdictional question is resolved in his favor.
under RA 3019 may be imposed when the act
constitutes graft and corrupt practices.
PENALTY
PENALTY
under Article 242 of the RPC shall be punished by arresto
mayor and a finenot exceeding ₱100,000.
under Article 244 of the RPC shall suffer the penalty of
arresto mayor and a finenot exceeding ₱200,000.
ART. 243. ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY JUDICIAL
SECTION FOUR: ABUSES AGAINST
AUTHORITY
CHASTITY
ELEMENTS
ART. 245. ABUSES AGAINST CHASTITY;
a. Offender is an executive officer;
PENALTIES.
b. He addresses any order or suggestion to any
judicial authority; and
ACTS PUNISHED
c. Such refers to any case or business coming within
the exclusive jurisdiction of the court.
(1) Soliciting or making immoral or indecent advances to
a woman interested in matters pending before the
NOTE: The purpose is to maintain the independence of the
offending officer for decision, or with respect to
judiciary from executive dictations.
which he is required to submit a report to or consult
with a superior officer;
PENALTY
Under RA 10951, any executive officer who commits a
a woman under the offender’s custody; and
violation under Article 243 of the RPC shall suffer the
penalty of arresto mayor and a finenot exceeding
the wife, daughter, sister or relative within the same
₱100,000.
degree by affinity of any person in the custody of the
offending warden or officer.

ELEMENTS CRIMES AGAINST PERSONS
a. Offender is a public officer; CHAPTER ONE: Destruction of Life

b. He solicits or makes immoral or indecent advances Section 1: Parricide, murder, homicide
to a woman; Art. 246. Parricide
c. Such woman is – Art. 247. Death or physical injuries inflicted under
exceptional circumstances
i. interested in matters pending before the
Art. 248. Murder
offender for decision, or with respect to which Art. 249. Homicide
he is required to submit a report to or consult Art. 250. Penalty for frustrated parricide, murder or
with a superior officer; or homicide
ii. under the custody of the offender who is a Art. 251. Death caused in a tumultuous affray
warden or other public officer directly charged Art. 252. Physical injuries inflicted in a tumultuous affray
Art. 253. Giving assistance to suicide
with the care and custody of prisoners or
Art. 254. Discharge of firearms
persons under arrest; or
Section 2: Infanticide and abortion
iii. the wife, daughter, sister or relative within the
Art. 255. Infanticide
same degree by affinity of the person in the Art. 256. Intentional abortion.
custody of the offender. Art. 257. Unintentional abortion
Art. 258. Abortion practiced by the woman herself or by
Solicit means to propose earnestly and persistently her parents
Art. 259. Abortion practiced by a physician or midwife
something unchaste and immoral to a woman. The
and dispensing of abortive
advances must be immoral or indecent. Section 3: Duel
Art. 260. Responsibility of participants in a duel
The crime is consummated by mere proposal. However, Art. 261. Challenging to a duel
there must be proof of such solicitation or advances. CHAPTER TWO: Physical Injuries
Art. 262. Mutilation
Proof of solicitation is not necessary when there is sexual Art. 263. Serious physical injuries
Art. 264.Administering injurious substances or beverages
intercourse Art. 265. Less serious physical injuries
Art. 266. Slight physical injuries and maltreatment
The advances must be made to a woman as defined under CHAPTER THREE: Rape
the article. (See element 3) If the Immoral or indecent Art. 266-A. Rape, When and How committed
advances to the mother of the person in the custody of the Art. 266-B. Penalties
Art. 266-C. Effect of pardon
public officer is not covered by this article. However, the
Art. 266-D. Presumptions
offender may be prosecuted under RA 3019 (Anti-Graft and
Corrupt Practices Act).
CHAPTER ONE: DESTRUCTION OF LIFE
The offender must be the custodian of the person under
arrest. If the offender was not the custodian, the crime
SECTION ONE: PARRICIDE, MURDER,
would also fall under Republic Act No. 3019.
HOMICIDE
Abuse against chastity is not absorbed in rape because the
basis of penalizing the acts is different from each other.
ART. 246 PARRICIDE
The essence of the crime is the mere making of immoral or
ELEMENTS
indecent solicitation or advances.
a. A person is killed;
b. Deceased is killed by the accused; and
c. Deceased is the father, mother or child, whether
legitimate or illegitimate, or a legitimate ascendant
or descendant, or legitimate spouse of the accused.

ESSENTIAL ELEMENT OF PARRICIDE If the child is exactly three (3) days old, the crime is
parricide.
The key element in parricide is the relationship of the
offender with the victim. Ergo, the fact of the relationship PARRICIDE IS COMMITTED, BUT THE PENALTY WILL
should be alleged in the information. (People vs. Dalag) NOT BE THAT WHICH IS PROVIDED IN ART. 246, IN
THREE CASES
THE RELATIONSHIP OF OTHER ASCENDANT OR
DESCENDANT MUST BE LEGITIMATE (1) Error in Personae, Art. 49 Pars. 1 And 2;
(2) Death under exceptional circumstances. Art. 247; and
However, proof of legitimacy is not required if the (3) Parricide through negligence.
deceased is either the father, mother or the child of the
accused. (People vs. Euasbalido) PARRICIDE THROUGH RECKLESS IMPRUDENCE
The killing of an adopted child even if adoption confers on May be committed as when the accused, struggling for the
the adopted all the rights and privileges of a legitimate possession of a gun with his children, pulled the trigger
child could not be parricide. It is either murder or and accidentally hit his wife, who was then approaching
homicide. them. (People vs. Recote)
The relationship, except the spouse, must be in direct Stranger cooperating in the commission of parricide is
line and by blood. guilty of homicide or murder only because of the absence
of relationship. It is immaterial that he knew of the
PARRICIDE OF SPOUSE relationship between the other accused and the deceased.
(People v. Patricio) This applies whether the stranger
Parricide of spouse requires proof of marriage. (People vs. cooperated as a co-principal or accomplice.
Berang) The best proof of the relationship is marriage
certificate. However, parricide may be proven even if no If the natural father kills his child, there can be no
marriage contract was presented, provided there is other indemnity considering that the accused id the
evidence proving the fact of marriage. (People vs. presumptive heir of the deceased. (People vs. Berang)
Borromeo)
BASIS PARRICIDE INFANTICIDE
The mere fact that no record of marriage exists in the
As to basis Its basis is the The basis is
registry of marriage does not invalidate said marriage, as
relationship between the age of the
long as in the celebration thereof, all requisites for its
the offender and the child- victim.
validity are present. (Pugeda vs. Trias)
victim.
As to It can be committed Infanticide
Persons living together in apparent matrimony are
commission only by the relatives may be
presumed to be in fact married. (San Gui vs. Gupeco) enumerated. committed by
any person
When the accused hanged his wife from the branch of a whether
jackfruit tree who was five (5) months pregnant killing her relative or not
and the fetus, the crime committed is Parricide with of the victim.
Unintentional Abortion. (People v. Desalisa) As to Conspiracy cannot be Conspiracy is
application applied because the applicable
Where the wife conspired with strangers to kill her of relationship of the because the
husband, the wife is guilty of parricide, but the stranger conspiracy offender and the circumstance
committed murder or homicide as the case may be. victim is an essential of age pertains
(People v Patricio) element. A separate to the victim;
information must be only one
THE CHILD SHOULD NOT BE LESS THAN filed for the parricide information
THREE DAYS OLD and the murder or shall be
homicide on the part prepared for
If the child killed by his parent is less than three (3) days of the non-relative all the
old, the crime is Infanticide. (Art. 255) (Reyes) conspirator. conspirators.

Evidence of the victim‘s promiscuity is inconsequential

to the killing. The offender must prove that he actually
ART. 247. DEATH OR PHYSICAL INJURIES
surprised his wife and (her paramour) in flagrante delicto,
INFLICTED UNDER EXCEPTIONAL and that he killed the man during or immediately
CIRCUMSTANCES thereafter. (People vs. Puedan) The killing must be the
direct result of the outrage suffered by the cuckolded
ELEMENTS husband.
a. That a legally married person (or parent) surprises People vs. Abarca
his spouse (or his daughter under 18 years of age, Although about one hour had passed between the time the
and living with him) in the act of committing sexual accused discovered his wife having sexual intercourse with
intercourse with another person; the victim and the time the latter was killed, it was held
b. That he or she kills any or both of them of inflicts that Article 247 was applicable, as the shooting was a
upon any or both of them any serious physical continuation of the pursuit of the victim by the accused.
injuries in the act or immediately thereafter; and
c. That he has not promoted or facilitated the Inflicting death under exceptional circumstances is not
prostitution of his wife (or daughter) or that he or murder. Two other persons suffered physical injuries as
she has not consented to the infidelity of the other they were caught in the crossfire when the accused shot
spouse. (People v. Talisic) the victim. A complex crime of double frustrated murder
was not committed as the accused did not have the intent
This provision does not define a felony. to kill the two victims. Here, the accused did not commit
This article does not define a crime. It is an exempting murder when he fired at the paramour of his wife. No
circumstance. The penalty of destierro is intended for the aberratio ictus because he was acting lawfully. However,
protection of the accused him from acts of reprisal by in this case the court held him liable for less serious
relatives of dead spouse. physical injuries through simple imprudence or
negligence.
As it is not a felony and having admitted the killing, it is
incumbent upon the accused to prove the exempting In case a 3rd person is caught in the crossfire and suffers
circumstance. It must be proved by clear and convincing physical injuries, the accused is not liable. The principle
evidence. (People vs. Takbobo) that one is liable for the consequences of his felonious act
is not applicable because he is not committing a felony
The spouse and the paramour must be caught “in the act
of sexual intercourse” ART. 248. MURDER
Does not include the killing of the wife ELEMENTS

(1) When the husband upon arriving home one night,
saw a man jump out of the window; (People vs.
a. A person was killed;
Marquez)
b. The accused killed him;
(2) Sleeping in the same bed; (People vs. Butuanan)
c. The killing is attended by any of the following
(3) Lying down on their sides for this position does not
qualifying circumstance:
warrant the conclusion that a carnal act is being
i. With treachery, taking advantage of superior
committed; (People vs. Wong)
strength, with the aid of armed men, or
(4) Seeing the wife raising up and the man buttoning
employing means to weaken the defense, or of
his drawers, as that is a situation after the act.
means or persons to insure or afford impunity;
(People vs. Ginzales)
ii. In consideration of a price, reward or promise;
iii. By means of inundation, fire, poison, explosion,
Surprise means to come upon suddenly and unexpectedly.
shipwreck, stranding of a vessel, derailment or
Article does not apply: If the surprising took place before assault upon a railroad, fall of an airship, by
any actual sexual intercourse could be done. means of motor vehicles, or with the use of any
other means involving great waste and ruin;
Immediately thereafter the discovery, the escape, the iv. On occasion of any of the calamities
pursuit and the killing must form part of one continuous enumerated in the preceding paragraph, or of
act. an earthquake, eruption of a volcano,

destructive cyclone, epidemic, or any other “POISON” Treachery and evident premeditation are
public calamity; inherent in murder by poison only if the offender has the
v. With evident premeditation; intent to kill the victim by use of poison.
vi. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or “FIRE” To be considered as a qualifying circumstance for
outraging or scoffing at his person or corpse. murder, the primordial criminal intent of the offender
Any of the qualifying circumstances enumerated in Art. must be to kill, and the fire was only used as a means to do
248 must be alleged in the information. so.
Rules for the application of the circumstances which If the primordial criminal intent of the offender is to
qualify the killing to murder: destroy property with the use of pyrotechnics and
(1) One attendant circumstance is enough to qualify incidentally, somebody within the premises is killed., the
the crime as murder and any other will be crime is arson with homicide, a single indivisible crime
considered as generic aggravating. penalized under Article 326, which is death as a
(2) When the other circumstances are absorbed or consequence of arson.
included in one qualifying circumstance, they
cannot be considered ass generic aggravating. “ON THE OCCASION OF INUNDATION, SHIPWRECK,
(3) Any of the qualifying circumstances enumerated in ETC.” If the killing is on the occasion of earthquake,
Article 248 must be alleged in the information. eruption of a volcano, destructive cyclone or other
calamities, the offender must have taken advantage of the
TREACHERY same, and the resultant condition.
The essence of treachery is that the offended party was
denied the chance to defend himself because of the means, EVIDENT PREMEDITATION
methods, deliberately adopted by the offender and were
not merely incidental to the killing. Killing of a child of For evident premeditation to qualify killing to murder,
tender age is murder qualified by treachery. Abuse of there must be proof, as clear as the evidence of the crime
superior strength is inherent in and comprehended by the itself of the following elements:
circumstance of treachery or forms part of treachery. a. The time when the offender determined to commit
the crime;
There is treachery where the attack, although frontal, is b. An act manifestly indicating that the offender
sudden and perpetrated in a manner tending directly and clung to his or her determination; and
specially to insure its execution, free from danger and c. A lapse of time between the determination and the
without risk to oneself, that the victim might defend execution sufficient to allow the offender to reflect
himself. (People vs. Maraccubo) upon the consequences of his act.
The circumstance of abuse of superior strength is deemed The essence of evident premeditation is that the execution
absorbed in treachery (People v. Cawaling) so with the of the criminal act is preceded by cool thought and
aggravating circumstances of aid of armed men (People v. reflections upon the resolution to carry out the criminal
Lapay) as well as nighttime or nocturnity since it was intent during the space of time sufficient to arrive at a calm
evidently integral part of the peculiar treacherous means judgment. (People v. Bibat)
and manner adopted to ensure the execution of the crimes
or that it facilitated the treacherous character of the Evident premeditation is absorbed in price, reward or
attack. (People v. Tabag) promise, if without the premeditation the inductor would
not have induced the other to commit the act but not as
“WITH THE AID OF ARMED MEN” The accused must avail regards the one induced. (U.S. vs. Manalinde)
himself of the aid or rely upon them when the crime is
committed. CRUELTY
“BY MEANS OF FIRE, POISON, EXPLOSION ETC.” To There is cruelty when other injuries or wounds are
qualify killing to murder by means of inundation, fire, inflicted deliberately by the offender, which are not
poison, explosion, shipwreck, etc., the offender’s purpose necessary for the killing of the victim. The victim be alive
and design must be to kill the victim in employing the when the cruel wounds were inflicted.
various modes.

SCOFFING OR DECRYING THE CORPSE OF THE VICTIM In accidental homicide wherein, death of a person is
brought about by a lawful act performed with proper care
Any act that would amount to scoffing or decrying the and skill and without homicidal intent, there is no liability.
corpse of the victim will qualify the killing to murder.
THERE IS NO OFFENSE OF FRUSTRATED HOMICIDE
Outraging means to commit an extremely vicious or THROUGH IMPRUDENCE.
deeply insulting act. Accused pharmacist prepared the medicine on
prescription but erroneously used a highly poisonous
Scoffing means to jeer and implies a showing of substance. When taken by the patient, the latter nearly
irreverence. died. Accused is guilty only of reckless imprudence
resulting in serious physical injuries.
Examples:
(1) the act of having anal intercourse with the woman If the injuries were mortal but those were due to
after killing her negligence, the crime committed will be serious physical
(2) the corpse was dismembered with the cutting of the injuries through reckless imprudence because the element
head and limbs and the opening up of the body to of intent to kill in frustrated homicide is incompatible with
remove the intestines, lungs and liver. negligence or imprudence. (People vs. Castillo)
Physical injuries are included as one of the essential

CRUELTY UNDER CRUELTY UNDER elements of frustrated homicide.
ART. 248 ART. 14
Aside from cruelty, any Requires that the victim be ATTEMPTED /
act that would amount alive, when the cruel PHYSICAL INJURIES
FRUSTRATED HOMICIDE
to scoffing or decrying wounds were inflicted and,
There is intent to kill. There is NO intent to kill.
the corpse of the therefore, there must be
However, if as a result of Where the intent to kill is
victim will qualify the evidence to that effect.
the physical injuries not manifest, the crime
killing to murder.
inflicted, the victim died, committed has been
the crime will be homicide generally considered as
ART. 249. HOMICIDE because the law punishes physical injuries and not
the result and not the attempted or frustrated
It is an unlawful killing of a person not constituting intent of the act. murder or homicide.
murder, parricide or infanticide.
In all crimes against persons in which the death of the
ELEMENTS victim is an element, there must be satisfactory evidence
of the fact of death and the identity of the victim.
a. Person was killed;
b. Offender killed him without any justifying ART. 250 PENALTY FOR FRUSTRATED
circumstances;
PARRICIDE, MURDER OR HOMICIDE
c. Offender had the intention to kill, which is
presumed;
d. Killing was not attended by any of the qualifying The Courts, in view of the facts of the case, may impose a
circumstances of murder, or by that of parricide or penalty:
infanticide. (1) 2 degrees lower for frustrated parricide, murder,
or homicide
INTENT TO KILL IS CONCLUSIVELY PRESUMED WHEN (2) 3 degrees lower for attempted parricide,
DEATH RESULTED murder, or homicide.
The law looks particularly to the material results following
the unlawful act and it holds the aggressor responsible for ART. 251 DEATH CAUSED IN A
all the consequences thereof. (U.S. vs. Gloria)
TUMULTUOUS AFFRAY
The killing of a peace officer who was fully aware of the
ELEMENTS
risks in pursuing the malefactors when done in a spur of
the moment is only Homicide. (People v. Porras)
a. That there be several persons;

b. That they did not compose of groups organized for ART. 252. PHYSICAL INJURIES INFLICTED
the common purpose of assaulting and attacking
IN A TUMULTUOUS AFFRAY
each other reciprocally;
c. That these several persons quarreled and assaulted
ELEMENTS
one another in a confused and tumultuous manner;
a. There is tumultuous affray;
d. That someone was killed in the course of the affray;
b. That a participant suffers serious or less serious
e. That it cannot be ascertained who actually killed
physical injuries
the deceased; and
c. The person who inflicted the injuries is not known;
f. That the person or persons who inflicted serious
d. The all those who appear to have used violence
physical injuries or who used violence can be
upon the person of the offended party is known.
identified.
TUMULTUOUS AFFRAY NOTE: This article will not apply when a person is killed.
• It takes place when a quarrel occurs between If during the tumultuous affray, only serious or less serious
several persons not composing organized groups, physical injuries are inflicted upon a participant, those
and they engage in a fight in a confused and who used violence upon the person of the offended party
tumultuous manner, in the course of which some shall be held liable under this Article.
persons are killed or wounded and the author
thereof cannot be ascertained. The offended party must be participant in the affray.
• Considering the use of the word “tumultuous” the
participants must be at least four (4).
Physical injury should be serious or less serious.
• If the killer can be identified, the crime is Homicide No crime of physical injuries resulting from a tumultuous
or Murder. affray if the physical injury is only slight.
• The person killed may be a participant in the affray
or one who is not. Slight physical injury is considered as inherent in a
tumultuous affray.
CIRCUMSTANCES CRIME COMMITTED
The commotion is not only Tumultuous affray Only those who used violence is liable.
tumultuous but confused, to Where the participants who inflicted the serious physical
such an extent that it would injuries are identifiable, then they will be held liable for
not be possible to identify serious physical injuries unless intent to kill is shown, in
who the killer is, if death which case, the crime is frustrated Homicide. The others
results, or who inflicted the who inflicted the less serious or slight physical injuries are
serious physical injury or liable for such offenses.
injuries, but the person or
persons who use violence ART. 253 GIVING ASSISTANCE TO
are known or can be
identified.
SUICIDE
If it can be ascertained who Simple homicide
actually killed the deceased ACTS PUNISHED
If there is conspiracy Murder or homicide
(1) Assisting another to commit suicide, whether the
If there is a concerted fight Might be disturbance of
suicide is consummated or not; and
between two organized public order
(2) Lending his assistance to another to commit
groups. if participants are
suicide to the extent of doing the killing himself.
armed, it could be
tumultuous disturbance
GIVING ASSISTANCE TO SUICIDE
if property was
destroyed, it could be
malicious mischief Consists of giving means (arms, poison, etc.) or whatever
manner of positive and direct cooperation (intellectual aid,
If he is not known nor the No one will be held
suggestions regarding the mode of committing suicide,
one who inflicted serious responsible for the
etc.).
physical injuries or violence death of the victim.

If the person does the killing himself, the penalty is similar No crime if firearm is not discharged. It is essential for
to that of homicide, which is reclusion temporal. prosecution to prove that the discharge of firearm was
directed precisely against the offended party.
The crime is frustrated if the offender gives the assistance
by doing the killing himself as firing upon the head of the If the firearm used is unlicensed, the crime of Illegal
victim but who did not die due to medical assistance. Possession of firearm is absorbed and the offender cannot
be punished separately for that offense. (People v.
The person attempting to commit suicide is not liable if he Ladjaalam)
survives. The reason is that he should be pitied and not
punished. CIRCUMSTANCES OF
CRIME COMMITTED
DISCHARGING OF FIREARMS
The accused is liable if he kills the victim, his sweetheart, The accused shot at another Discharge of firearms
because of a suicide pact. (People vs. Marasigan) with a firearm with no intent
to kill, just to merely frighten.
There can be no qualifying circumstance because the Aimed at someone with intent Attempted parricide,
determination to die must come from the victim. to kill murder, or homicide
If the discharge is not directed Alarm or scandal
The law is silent if the one who assists the person to any person but places the
attempting a suicide is the spouse, or parent, or the public in danger
relatives mentioned in Article 246 penalizing Parricide. If serious physical injuries Complex crime of
resulted from the discharge serious physical
EUTHANASIA OR MERCY KILLING injuries with illegal
discharge of firearm
EUTHANASIA CRIME COMMITTED If less serious physical injuries Complex crime of less
resulted from the discharge serious physical
If without Murder
injuries with illegal
consent
discharge of firearm
If with consent Covered by Giving assistance to
suicide
No presumed intent to kill if the distance is 200 meters.
A doctor who resorts to euthanasia of his patient may be

This crime cannot be committed through imprudence
liable for murder.
because it requires that the discharge must be directed at
another.
Euthanasia is not lending assistance to suicide. In
euthanasia, the victim is not in a position to commit
Firing a gun at a person even if merely to frighten him
suicide.
constitutes illegal discharge of firearms. (People vs.
Ramirez)
But if the patient himself asks to be killed by his doctor,
this Article applies.
SECTION TWO: INFANTICIDE AND
ART. 254. DISCHARGE OF FIREARMS ABORTION
ELEMENTS ART. 255 INFANTICIDE

a. The accused shot at another with a firearm;
ELEMENTS
b. He had no intent to kill; and
c. Unless the facts of the case are such that the act
a. A child was killed by the accused;
can be held to constitute frustrated or attempted
b. The deceased child was less than 3 days old, and
parricide, murder, homicide or any other crime for
c. That the accused killed the said child.
which a higher penalty is prescribed by any of the
articles of this Code.
NOTE: The penalty will correspond to that of parricide if
the accused is related to the child within the degree of
relationship defined in parricide and if the offender is a
stranger, the penalty corresponding to that of murder.
CIRCUMSTANCES CRIME COMMITTED ELEMENTS

If the child is Abandonment under Art. 276.
abandoned without a. There is a pregnant woman;
any intent to kill and b. Violence is exerted, or drugs or beverages
death resulted administered, or that the accused otherwise acts
If the purpose of the Infanticide but the purpose upon such pregnant woman;
mother is to conceal may mitigate the liability of the c. As a result of the use of violence or drugs or
her dishonor mother or maternal beverages upon her, or any other act of the
grandparents who committed accused, the fetus dies, either in the womb or after
the crime. having been expelled therefrom; and
d. The abortion is intended.
It is NOT Infanticide through
imprudence WAYS OF COMMITTING INTENTIONAL ABORTION
Because the purpose of (1) Using violence upon the person of the pregnant
concealing the dishonor is woman;
incompatible with the absence (2) By administering drugs and beverages upon the
of malice in culpable felonies. pregnant woman, without her consent; or
If the child is born NOT Infanticide (3) By acting, with the consent of the pregnant woman
dead, or if the child is (by administering drugs/beverages)
already dead At most, there may be a
violation of the laws relating to IN ALL THESE CASES THERE MUST BE INTENT TO
the burial of the dead of the MAKE THE PREGNANT WOMAN ABORT.
child was placed in a shallow
pit containing a little water to The woman who consented to the abortion will be liable
save trouble of digging a grave. under Art. 258 (Abortion practiced by the woman herself
of by her parents)
An impossible crime may be
committed because infanticide In intentional abortion, the offender must know of the
is a crime against persons. pregnancy because the criminal intent is to cause an
abortion
Concealment of dishonor is not an element of infanticide.
It merely lowers the penalty. (US vs. Vedra) “CONSUMMATED ABORTION” The fetus must be dead.
If the crime is committed by the mother of the child for the
purpose of concealing her honor, she shall suffer the “FRUSTRATED ABORTION” It is committed when the
penalty of prision mayor in its medium and maximum fetus that is expelled is viable and therefore not dead as
periods and if the said crime be committed for the same abortion did not result despite the employment of
purpose by the material grandparents or either of them, adequate and sufficient means to make the pregnant
the penalty shall be reclusion temporal. woman abort.
A stranger who cooperates in the perpetration of If the means are not sufficient or adequate, the crime
infanticide committed by the mother or grandparent on would not be an impossible crime of abortion.
the mother‘s side, is liable for infanticide, but he must
suffer the penalty prescribed for murder. “CO-PRINCIPAL” One who persuades to abort
ART. 256 INTENTIONAL ABORTION “ACCOMPLICE”One who looks for a physician for abortion
Abortion is the willful killing of the fetus in the uterus, or Physician will be punished under Art. 259 (Abortion
the violent expulsion of the fetus from the maternal womb. practiced by a physician)

ABORTION INFANTICIDE It is the willful killing of the fetus in the uterus, or the
Fetus could not sustain Fetus could sustain an violent expulsion of the fetus from the maternal womb that
independent life. No independent life after results in the death of the fetus.
legal viability. separation from the mother‘s
womb. The violence must be physical and must have been
deliberate and voluntary. (People vs. Palencia)
If the mother because of abortion suffers death or physical
injuries, you have a complex crime of murder or physical Unintentional abortion may be committed through
injuries and abortion. negligence as it is enough that the use of violence be
voluntary.
If the woman turns out not to be pregnant and someone
performs an abortion upon her, he is liable for an Unintentional abortion requires physical violence inflicted
impossible crime if the woman suffers no physical injury. If deliberately and voluntarily by a third person upon the
she dies or suffers injuries, the crime will be homicide, pregnant woman, without intention to cause the abortion.
serious physical injuries, etc.
Unintentional abortion may be committed through
INFANTICIDE VIS-À-VIS PARRICE IF THE OFFENDER negligence as it is enough that the use of violence be
IS A BLOOD RELATIVE voluntary. If the act of violence is not felonious, that is, act
of self-defense, and there is no knowledge of the woman‘s
pregnancy, there is no liability.
BASIS INFANTICIDE PARRICIDE
As to age of The age of the The victim is at
victims victim is less least three days CIRCUMSTANCES CRIME COMMITTED
than three days old. Violence is employed upon Unintentional Abortion
old. a pregnant woman; and
As to liability If done in The co- which causes the offended
in conspiracy conspiracy with conspirator is party to abort without,
a stranger, both liable for murder however, intending it.
the parent and because of the
the co- absence of If the pregnant woman Light threats
conspirator are relationship. aborted because of
liable for intimidation, NOT unintentional
infanticide. abortion because there is
Concealment Concealment of Concealment of no violence
as mitigating dishonor in dishonor in
circumstances killing the child killing the child If the pregnant woman complex crime of parricide
is mitigating. is not a was killed by violence by with unlawful abortion.
mitigating her husband
circumstance.
In both, there is intent to kill the child. Jose is declared guilty of the crime of unintentional
abortion through reckless imprudence for having bumped
a calesa which resulted in a pregnant woman bumping her
ART. 257 UNINTENTIONAL ABORTION abdomen against the wall of the calesa and eventually led
to an abortion. (People vs. Jose)
ELEMENTS
Mere boxing of the stomach taken together with the
a. There is a pregnant woman immediate strangling of the victim in a fight, is not
b. Violence is used upon such pregnant woman sufficient proof to show an intent to cause abortion.
without intending an abortion.
c. The violence is intentionally exerted. The accused must have merely intended to kill the victim
d. That as a result of the violence the fetus dies, either but not necessarily to cause abortion.
in the womb or after having been expelled
therefrom. The accused is liable for complex crime of parricide with
unintentional abortion for it was merely incidental to the
killing. (People vs. Salufrania)

d. Said physician or midwife took advantage of his

For the crime of abortion, even unintentional, to be held or her scientific knowledge or skill.
committed, the accused must have known of the
pregnancy. (People vs. Carnaso) ACTS PUNISHED
ART. 258 ABORTION PRACTICED BY THE (1) Causing an abortion or assisting in causing the same
WOMAN HERSELF OR BY HER PARENTS by a physician or midwife by taking advantage of their
scientific knowledge or skill; and
(2) Dispensing of an abortive by a pharmacist without the
ELEMENTS
proper prescription from a physician.
a. The offender is a pharmacist;
a. There is a pregnant woman who has suffered an
b. There is no proper prescription from a
abortion;
physician;
b. Abortion is intended;
c. The offender dispenses any abortive.
c. Abortion is caused by –
i. The pregnant woman herself;
NOTE: It is not necessary that the pharmacist knew that
ii. Any other person, with her consent; or
the abortive would be used to cause abortion. What is
iii. Any of her parents, with her consent for the
punished is the act of dispensing an abortive without
purpose of concealing her dishonor.
proper prescription.
NOTE:
THERAPEUTIC ABORTION
• The pregnant woman either practices the abortion
upon herself or consents that another person
should do so. If the abortion is produced by a physician to save the life
of the mother, there is no liability.
• Where the purpose of the abortion is to conceal
her dishonor, the offense is mitigated.
But abortion without medical necessity to warrant it, is
• However, if the abortion is performed by the
punishable even with the consent of the woman or her
parents of the pregnant woman or either of them
husband. (Geluz vs. Court of Appeals)
and the pregnant woman consented for the
purpose of concealing her dishonor, the penalty
PENALTY
imposed on the offending parents shall be the same
Under RA 10951, The penalties provided in Article 256 shall
as that imposed upon the woman who practiced
be imposed in its maximum period, respectively, upon any
the abortion upon herself.
physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion or
Q: What crime is committed when a pregnant woman
assist in causing the same.
tries to kill herself but survives and the fetus dies?
A: None. A person is liable for the direct, natural and logical
Any pharmacist who, without the proper prescription from
consequence of one’s felony. However committing suicide
a physician shall dispense any abortive shall suffer arresto
is not a felony, thus, the woman is not liable for its
mayor and a fine not exceeding ₱100,000.
consequences.
ART. 259. ABORTION PRACTICED BY A SECTION THREE: DUEL

PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES. ART. 260 RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
ELEMENTS
ACTS PUNISHED
a. There is a pregnant woman who has suffered an
abortion; (1) Killing one’s adversary in duel;
b. The abortion is intended; (2) Inflicting upon such adversary physical injuries; and
c. Offender, who must be a physician or midwife, (3) Making a combat although no physical injuries have
caused or assisted in causing the abortion; been inflicted.
PERSONS LIABLE
(1) Principals – person who killed or inflicted physical If the challenge is only to fight, without the challenger
injuries upon his adversary, or both combatants in any having in mind a formal combat to be agreed upon with the
other case; assistance of seconds as contemplated under the law, the
(2) Accomplices – as seconds crime committed will only be grave or light threat, as the
case may be.
DUEL
A formal or regular combat previously consented between
two parties in the presence of two or more seconds of
CHAPTER TWO: PHYSICAL INJURIES
lawful age on each side, who make the selection of arms
and fix all the other conditions of the fight.
KINDS OF PHYSICAL INJURIES:
The participant who shall kill the adversary is punished (1) Mutilation;
with reclusion temporal and if he merely inflicts physical (2) Serious physical injuries;
injuries upon the latter, he shall suffer the penalty thereof (3) Less serious physical injuries;
according to their nature. If no physical injuries are (4) Slight physical injuries.
inflicted, the combatants are punished arresto mayor.
ART. 262. MUTILATION
THE SECONDS ARE PUNISHED AS ACCOMPLICES
Mutilation is the chopping or the clipping off of some
A mere fight as a result of an agreement is not necessarily parts of the body which are not susceptible to growth
duel because a duel “implies or means an agreement to again.
fight under determined conditions and with the
participation and intervention of seconds, who fix such
ACTS PUNISHED
conditions”. (US vs. Navarro)
(1) Mutilation or intentionally mutilating another by

There is no such crime nowadays because people hit each
depriving him, either totally or partially, of some
other even without entering into any pre-conceived
essential organ for reproduction.
agreement. This is an obsolete provision. If these are not
the conditions of the fight, it is not a duel in the sense
Elements:
contemplated in the Revised Penal Code.
a. There be castration, i.e. mutilation of organs
necessary for generation (such as the penis or
It will be a quarrel and anyone who killed the other will be
ovarium);
liable for homicide or murder, as the case may be.
b. The mutilation is caused purposely and
deliberately.
ART. 261. CHALLENGING TO A DUEL
(2) Mayhem or intentionally making other mutilation,
ACTS PUNISHED that is, by lopping or clipping off any part of the body
of the offended party, other than the essential organ
(1) Challenging another to a duel; for reproduction, to deprive him of that part of his
(2) Inciting another to give or accept a challenge to a body.
duel; and
(3) Scoffing at or decrying another publicly for having 2 KINDS OF MUTILATION
refused to accept a challenge to fight a duel.
(1) Castration is mutilation of reproductive organ, either
PERSONS LIABLE totally or partially
(1) Instigators; (2) Mayhem is mutilation of any other organ
(2) Challenger
Castration must be made purposely. Otherwise, it will be
If one challenges another to a duel by shouting, “Come considered as mutilation of second kind.
down, Ramon, let us measure your prowess. We will see
whose intestines will come out. You are a coward if you do
This cannot be committed through criminal negligence.
not come down”, the crime of challenging to a duel is not
committed.
Intent to mutilate must be established. If there is no c. Permanent meaning ugliness will not disappear
intent, the crime is only serious physical injury. through natural healing process
The common mistake is to associate this with reproductive What is considered in law is not the artificial treatment,
organs only. Mutilation includes any part of the human but the natural healing process.
body that is not susceptible to grow again. If what was cut
off was a reproductive organ, the penalty is much higher Serious physical injuries are punished with higher
than that for homicide. penalty in the following cases:
(1) If it is committed against any of the persons
ART. 263 SERIOUS PHYSICAL INJURIES referred to in Art. 246 (parricide);
(2) If any of the circumstances qualifying murder
Ways of committing serious physical injuries attended its commission.
(1) Beating;
(2) Assaulting; RA 8049 (The Anti-Hazing Law)
(3) Wounding; The law penalizes hazing which is defined as initiation rite
(4) Administering noxious substances. or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by
There must be an intent to injure. The offender is always placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him
liable for the direct and logical consequence thereof even
to do menial, silly, foolish and other similar tasks or
though not intended.
activities or otherwise subjecting him to physical or
psychological suffering or injury.
This felony may be committed through negligence.
RA 9745 (The Anti-Torture Law)

KINDS OF SERIOUS PHYSICAL INJURIES
It penalizes torture and other cruel, inhuman and
degrading treatment. It treats torture as a separate and
(1) Where the injured person shall become insane,
independent crime.
imbecile, impotent or blind;
(2) Where the injured person –
a. loses the use of speech,
ART. 264. ADMINISTERING INJURIOUS
b. power to hear, SUBSTANCES OR BEVERAGES
c. power to smell, or
d. lost an eye, a hand, foot, arm, leg or use of ELEMENTS
any such member or
e. become incapacitated for the work in which a. Offender inflicted upon another any serious
he was theretofore habitually engaged; physical injury;
(3) Where the injured person b. It was done by knowingly administering to him any
a. become deformed, or injurious substance or beverages or by taking
b. shall have lost any other part of his body, or advantage of his weakness of mind or credulity;
the use thereof, or c. He had no intent to kill.
c. shall have been ill or incapacitated for the
performance of work in which he was TO ADMINISTER AN INJURIOUS SUBSTANCE OR
habitually engaged for more than 30 days; BEVERAGE
(4) Where the injured person shall have become ill or
incapacitated for labor for more than 30 days (but not Administering means introducing into the body the
more than 90 days), as a result of the physical injuries
substance.
inflicted.
• Directing or causing said substance or beverage
to be taken orally by the injured person, who
“DEFORMITY” Means disfigurement. suffers serious physical injuries as a result.
• Throwing of the acid in the face is not
ELEMENTS OF DEFORMITY contemplated.
a. Injury must produce ugliness;

b. Visible; and

ATTEMPTED OR FRUSTRATED QUALIFIED AS TO PENALTY

PHYSICAL INJURIES
HOMICIDE
The offender inflicts Attempted homicide may be (1) A fine not exceeding P 500.00, in addition to arresto
physical injuries. committed, even if no physical mayor, when:
injuries are inflicted. i. There is a manifest intent to insult or offend
Offender has no The offender has intent to kill the the injured person; or
intent to kill the offended party. ii. There are circumstances adding ignominy to
offended party the offense.
(2) A higher penalty is imposed when the victim is either
The reason why there is NO attempted or frustrated i. The offender‘s parents, ascendants, guardians,
crime of physical injuries is because this felony is defined curators or teachers; or
by the gravity of the injury. It is a crime of result. As long ii. Persons of rank or person in authority
as there is no injury, there can be no attempted or provided the crime is not direct assault.
frustrated stage thereof.
These physical injuries are not covered in Art. 263 and 264.
CLASSIFICATION OF PHYSICAL INJURIES
If the physical injuries do not incapacitate the offended
party for labor nor is there medical attendance, slight
(1) Between less serious physical injuries and serious
physical injuries are committed. But the physical injuries
physical injuries, you do not consider the period of
heal after 30 days, serious physical injuries are committed
medical treatment. You only consider the period
under par. 4 of Art. 263.
when the offended party is rendered incapacitated
for labor.
(2) When the injury created a deformity upon the ART. 266 SLIGHT PHYSICAL INJURIES
offended party, you disregard the healing duration, or AND MALTREATMENT
the period of medical treatment involved. It is
automatically considered serious physical injuries. ACTS PUNISHED
(3) Deformity requires the concurrence of the following
conditions: (1) Physical injuries incapacitated the offended party for
a. The injury must produce ugliness; labor from 1-9 days, OR required medical attendance
b. It must be visible; during the same period;
c. The ugliness will not disappear through (2) Physical injuries which did not prevent the offended
natural healing process. party from engaging in his habitual work or which did
not require medical attendance (ex. Black-eye);
This article does not deal with a crime. It refers to means (3) Ill-treatment of another by deed without causing any
of committing serious physical injuries. injury (ex. Slapping but without causing dishonor).
When there is intent to kill, it is frustrated murder. If there is no evidence regarding actual injury or where the
deceased died of other causes and there is no evidence as
ART. 265 LESS SERIOUS to how many days the deceased lived after injury, the
crime is slight physical injuries as the wounds inflicted by
PHYSICAL INJURIES
the accused could not have caused death. (People vs.
Amarao)
ELEMENTS
The crime is also slight physical injuries if there is no proof
a. Offended party is – as to the period of the offended party’s incapacity for labor
i. incapacitated for labor for 10 days or more (but or of the required medical attendance. (People vs.
not more than 30 days), or Aranchado)
ii. needs medical attendance for the same period
of time; Slapping the face of a person is an example of ill-treatment
b. The physical injuries must not be those described because the act does not cause injury.
in the preceding articles.
Between slight physical injuries and less serious physical
injuries, not only the healing duration of the injury will be

considered but also the medical attendance required to habitually not require
treat the injury. engaged; medical
attendance
The healing duration may be one to nine days, but if the (3) become
medical treatment continues beyond nine days, the deformed, or (3) Ill-
physical injuries would already qualify as less serious shall have lost treatment of
physical injuries. any other another by
part of his deed
The medical treatment may have lasted for nine days, but body, or the without
if the offended party is still incapacitated for labor beyond use thereof, causing any
nine days, the physical injuries are already considered less or shall have injury
serious physical injuries. been ill or
incapacitated
NOTE: In all these cases, there must be no intent to kill for the
otherwise, the offense would be Attempted or Frustrated performance
Homicide, Murder or Parricide as the case may be. When of work in
the victim becomes deformed, the crime is Serious which he was
Physical Injuries. Deformity means physical ugliness which habitually
must be conspicuous and visible. It must also be engaged for
permanent and definite abnormality. more than 30
days; and
RA 7610 (Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act) (4) Injured
For purposes of this Act, the penalty for the crimes of person
murder, homicide, other intentional mutilation, and becomes ill or
serious physical injuries, respectively, shall be reclusion incapacitated
perpetua when the victim is under twelve (12) years of age. for labor for
more than 30
DEGREES OF PHYSICAL INJURIES days (must
not be more
SERIOUS LESS SERIOUS SLIGHT than 90 days)
(Art. 263) (Art. 265) (Art. 266) DIFFERENCE
Physical injuries Not among Physical injuries: Any of the Not among the enumeration in the
resulted to: those (1) Incapacitate circumstances preceding article.
(1) insanity, described in d the enumerated
imbecility, the preceding offended above.
impotence or article and the party for Medical Medical Medical
blindness; offended party labor from 1 attendance is not attendance or attendance or
is to 9 days or required under incapacity is incapacity is not
(2) lost use or incapacitated shall require paragraph (4) but required. required.
power of for labor for 10 medical there must be
speech, hear, days or more attendance incapacity for
smell, or shall (but not more during the more than 30
have lost an than 30 days) same days.
eye, hand, period.
foot, arm, leg CHAPTER THREE: RAPE
or use of any (2) Did not
such member prevent the
or shall have offended ART. 266-A. RAPE: WHEN AND HOW
become party from COMMITTED
incapacitated engaging in
for the work his habitual ART. 266-B. RAPE: PENALTIES:
in which he work or
was which did

ACTS PUNISHED
There should be evidence of at least the slightest

(1) Rape through sexual intercourse without consent of penetration of the sexual organ and not merely a brush or
the woman: (Traditional Rape) graze of its surface. (People v. Dela Cruz)
ELEMENTS: PENALTIES
a. Offender is a man;
b. Offender had carnal knowledge of a woman;
Traditional Rape Sexual Assault
c. Such act is accomplished under any of the
In general: Reclusion
following circumstances: In general: Prision mayor
perpetua
i. By using force, threat or intimidation;
A. Committed:
ii. When the woman is deprived of reason
1) with the use of a deadly weapon; or
or is otherwise unconscious;
2) by 2 or more persons
iii. By means of fraudulent machination or
Reclusion perpetua to Prision mayor to reclusion
grave abuse of authority;
death temporal
iv. When the woman is under 12 years of
A. Victim becomes insane by reason or on the occasion of
age (Statutory Rape) or is demented,
rape
even though none of the circumstances
mentioned above are present Reclusion perpetua to Reclusion temporal
death
(2) Rape Through Sexual Assault B. Rape is attempted & homicide is committed by reason
or on the occasion thereof
ELEMENTS: Reclusion perpetua to Reclusion temporal to
a. Offender commits an act of sexual assault; death reclusion perpetua
b. The act of sexual assault is committed by any C. Rape is consummated & homicide is committed by
of the following means: reason or on the occasion thereof (a special complex
i. By inserting his penis into another crime)
person's mouth or anal orifice of Death Reclusion perpetua
another person;
ii. By inserting any instrument or object COMMITTED WITH ANY OF THE FF. AGGRAVATING
into the genital or anal orifice of CIRCUMSTANCES
another person.
c. The act of sexual assault is accomplished On the victim:
under any of the following circumstances: (1) Victim is under 18 yrs. old, & the offender is a
i. By using force or intimidation; or parent, ascendant, step-parent, guardian,
ii. When the woman is deprived of reason relative by consanguinity or affinity w/in the 3rd
or otherwise unconscious; or civil degree, or the common law spouse of the
iii. By means of fraudulent machination or parent of the victim.
grave abuse of authority; or (2) Victim is under the custody of the police military
iv. When the woman is under 12 years of authorities/ law enforcement agency.
age or demented. (3) Victim is a religious and such legitimate vocation
is known by the offender before or at the time of
CLASSIFICATION OF RAPE rape.
(4) Victim is a child below 7 yrs. old.
(1) Traditional Rape (5) Victim suffered permanent or physical
Offended party is always a woman mutilation or disability by reason or on the
Offender is always a man. occasion of rape
(2) Sexual assault
Rape can now be committed by a man or a woman, On the offender:
that is, if a woman or a man uses an instrument on (1) Offender is afflicted with a sexually transmissible
anal orifice of male, she or he can be liable for rape. disease & the virus / disease is transmitted to
the victim.
Inserting a finger inside the genital of a woman is rape
through sexual assault within the context of “object”.
(2) Offender is a member of the AFP / PNP / any law victim, he actually attains his purpose, all the essential
enforcement agency / penal institution & took elements of the offense have been accomplished. (People
advantage of his position. vs. Orita)
(3) Offender knew of the pregnancy of the offended
party at the time of the commission of rape. The accused had his pants down and was on top of the 4-
(4) Offender knew of the mental disability, year old child when the child‘s mother arrived. Medical
emotional disorder, & / or physical handicap of findings showed no signs of genital injury and the victim‘s
the offended party at the time of the commission hymen was intact.
of rape.
For rape to be consummated, a slight brush or scrape of
On 3rd persons the penis on the external layer of the vagina will not
Rape is committed in full view of the of the spouse, parent, suffice. Mere touching of the external layer of the vagina
any of the children, or other relatives w/in the 3rd civil without the intent to enter the same cannot be construed
degree of consanguinity. as slight penetration.
Accused is only liable for ATTEMPTED RAPE. Conviction

OLD ANTI-RAPE LAW RA 8353
does not require a medico-legal finding of any penetration
Crime against chastity Crime against persons on the part of the woman. Force employed against the
victim of the rape need not be of such character as could
May be committed by a man Under the 2nd type,
be resisted.
against a woman only. sexual assault may be
committed by any person
When the offender has an ascendancy or influence over
against any person.
the girl, it is not necessary that she put up a determined
Complaint must be filed by May be prosecuted even if
resistance. A rape victim does not have the burden of
the woman or her parents, the woman does not file a
proving resistance.
grandparents or guardian if complaint. (Public Crime)
the woman was a minor or
Rape by means of fraudulent machinations and grave
incapacitated. (Private
abuse of authority absorbs the crime of qualified and
Crime)
simple seduction.
Marriage of the victim with Marriage extinguishes the
one of the offenders benefits penal action only as to the
Statutory rape is consummated when the victim is below
not only the principal but principal (the person who
12 yrs. old. Victim‘s consent is immaterial. Offender‘s
also the accomplices and married the victim), and
knowledge of the victim‘s age is immaterial in statutory
accessories. cannot be extended to
rape.
co- principals in case of
multiple rape.
Carnal knowledge of a child below 12 yrs. old even if she
Marriage of the victim with Marital rape is
is engaged in prostitution is still considered statutory
one of the offenders benefits recognized.
rape. (People vs. Campuhan)
not only the principal but
also the accomplices and
A 16-year old mental retardate, who has the intellectual
accessories.
capacity of a 9, was repeatedly raped by the accused.
(People vs. Atento)
Complete penetration is NOT necessary.
The slightest penetration—contact with the labia—will The accused was found guilty of raping a woman deprived
consummate the rape. of reason or otherwise unconscious, and was also held
liable for rape under the provision that pertains to a victim
Rape must have specific intent or lewd design. A soldier under 12 notwithstanding the victim‘s actual age.
raped a 19-year old student by poking a knife on her neck.
Only a portion of his penis entered her vagina because the Age requirement was subsequently amended to refer also
victim kept on struggling until she was able to escape. The to mental age.
accused was convicted of frustrated rape.
Incestuous rape refers to rape committed by an ascendant
There is NO crime of FRUSTRATED RAPE because in rape, of the offended woman.
from the moment the offender has carnal knowledge of the

Gallo was found guilty of the crime of qualified rape with EFFECT OF PARDON
the penalty of death. (People vs. Gallo)
(1) Subsequent valid marriage between the offender and
The information filed against him does not allege his the offended party shall extinguish the criminal action
relationship with the victim, his daughter, thus, it CANNOT or the penalty imposed.
be considered as a qualifying circumstance. Special (2) When the legal husband is the offender, the
qualifying circumstances have to be alleged in the subsequent forgiveness by the wife as the offended
information for it to be appreciated. party shall extinguish the criminal action or the
penalty, provided that their marriage is NOT VOID ab
The case was reopened, and the judgment is modified from initio.
death to reclusion perpetua.
JURISPRUDENCE
A 14-year old was raped by her brother-in-law. (People vs.
Berana) FRUSTRATED HOMICIDE
By invoking self-defense, accused, in fact, admitted that he
To effectively prosecute the accused for the crime of rape inflicted injuries on the victim. The burden of proving with
committed by a relative by affinity w/in the 3rd civil clear and convincing evidence the justifying
degree, it must be established that: circumstances to exculpate him from criminal liability was
thereby shifted to him. (De Leon v. People)
(1) The accused is legally married to the victim‘s
sister; and
HOMICIDE
(2) The victim and the accused‘s wife are full or half-
Direct evidence of the crime is not the only matrix
blood siblings.
wherefrom a trial court may draw its conclusion and
finding of guilt. The rules of evidence allow a trial court to
Since relationship qualifies the crime of rape, there must
rely on circumstantial evidence to support its conclusion
be clearer proof of relationship and in this case, it was not
of guilt. Circumstantial evidence is that evidence which
adequately substantiated.
proves a fact or series of facts from which the facts in issue
may be established by inference. At times, resort to
EVIDENCE WHICH MAY BE ACCEPTED IN THE circumstantial evidence is imperative since to insist on
PROSECUTION OF RAPE direct testimony would, in many cases, result in setting
felons free and deny proper protection to the community.
(1) Any physical overt act manifesting resistance against All the circumstances must be consistent with one
the act of rape in any degree from the offended party; another, consistent with the hypothesis that the accused
or is guilty, and at the same time inconsistent with the
(2) Where the offended party is so situated as to render hypothesis that he is innocent.
him/her incapable of giving his consent
Thus, conviction based on circumstantial evidence can be
RAPE SHIELD RULE upheld, provided that the circumstances proven
constitute an unbroken chain which leads to one fair and
Character of the offended woman is immaterial in rape. reasonable conclusion that points to the accused, to the
exclusion of all others, as the guilty person. (Salvador v.
An accused may be convicted of rape on the sole testimony People)
of the offended woman. When several persons conspired
to rape a single victim, each shall be liable for the rape MURDER
committed personally by him, as well as those committed Murder is committed by any person who, not falling within
by the others. the provisions of Article 246 of the Revised Penal Code
(RPC), kills another, if the killing is committed with
An accused may be considered a principal by direct treachery. The essence of treachery is the sudden and
participation, by inducement, or by indispensable unexpected attack by an aggressor on an unsuspecting
cooperation. This is true in a charge of rape against a victim, depriving the latter of any real chance to defend
woman, provided, a man is charged together with her. himself and thereby ensuring its commission without risk
to himself.

The killing occurred at around two o‘clock in the morning, in favor of the accused. While the latter is now 25 years old
an hour when generally people are asleep and the victim as of this decision, he is still exculpated from criminal
was shot at the back. (People v. Bohol) liability.
QUALIFIED RAPE However, RA 9344 does not relieve the minor of civil
There is qualified rape when the facts alleged in the liability arising from the offense. (Ortega v. People)
Information and the facts proven in court establish the
qualifying circumstances of minority and relationship. CRIMES AGAINST PERSONAL LIBERTY
(People v. Abellano) AND SECURITY
A stepfather, who exercises moral and physical CHAPTER ONE: Crimes against Liberty
ascendancy over his stepdaughter, need not make any Section 1: Illegal detention
threat against her because the latter is cowed into Art. 267. Kidnapping and serious illegal detention
submission when gripped with the fear of refusing the Art. 268. Slight illegal detention
advances of a person she customarily obeys. Art. 269. Unlawful arrest
Section 2: Kidnapping of minors
Art. 270. Kidnapping and failure to return a minor
Rape may, likewise, be committed in a room adjacent to
Art. 271. Inducing a minor to abandon his home
where the victim's family is sleeping, or even in a room
Section 3: Slavery and servitude
shared with other people. There is no rule that rape can
Art. 272. Slavery
only be committed in seclusion. (People v. Glivano) Art. 273. Exploitation of child labor
Art.274. Services rendered under compulsion in payment
RAPE of debt
Physical resistance need not be established in rape when CHAPTER TWO: Crimes against securities
intimidation is exercised upon the victim who submits Section 1: Abandonment of helpless persons and
against her will to the rapist‘s lust because of fear for her exploited minors
Art. 275. Abandonment of person in danger and
life or personal safety. The force, violence or intimidation
abandonment of one's own victim
in rape is a relative term, depending not only on the age,
Art. 276. Abandoning a minor
size, and strength of the parties but also on their Art. 277. Abandonment of minor by person entrusted
relationship with each other. Because of the victim‘s with his custody; indifference of parents
youthfulness, coupled with the fact that the assailant is her Art. 278. Exploitation of minors
stepfather, it was easy for her to believe that appellant Art. 279. Additional penalties for other offenses
would make good his threat to kill her should she resist. Section 2: Trespass to dwelling
(People v. Tuazon) Art. 280. Qualified trespass to dwelling.
Art. 281. Other forms of trespass.
Section 3: Threats and coercion
An information is valid as long as it distinctly states the
Art. 282. Grave threats.
elements of the offense and the acts or omissions Art. 283. Light threats.
constitutive thereof. The precise time or date of the Art. 284. Bond for good behavior.
commission of an offense need not be alleged in the Art. 285. Other light threats.
complaint or information, unless it is an essential element Art. 286. Grave coercions.
of the crime charged. In rape, it is not. The gravamen of Art. 287. Light coercions.
rape is carnal knowledge of a woman through force and Art. 288. Other similar coercions;
Art. 289. Formation, maintenance and prohibition of
intimidation. In fact, the precise time when the rape takes
combination of capital or labor through violence or
place has no substantial bearing on its commission. As threats.
such, the date or time need not be stated with absolute CHAPTER THREE: Discovery And Revelation Of
accuracy. It is sufficient that the complaint or information Secrets
states that the crime has been committed at any time as Art. 290. Discovering secrets through seizure of
near as possible to the date of its actual commission. correspondence
(People v. Domingo) Art. 291. Revealing secrets with abuse of office
Art. 292. Revelation of industrial secrets
RAPE BY A MINOR
The accused at the time of the commission of the offense CHAPTER ONE: CRIMES AGAINST
was only 13 years old and it occurred prior to RA 9344 or LIBERTY
the Juvenile Justice and Welfare Act of 2006. The
subsequently enacted law should be construed to retroact

SECTION ONE: ILLEGAL DETENTION RANSOM

It is the money, price or consideration paid or demanded
for redemption of a captured person or persons, a
ART. 267 KIDNAPPING AND SERIOUS payment that releases a person from captivity.
ILLEGAL DETENTION
When the kidnapping was done to extort ransom, it is not
Where the person kidnapped or detained is a minor and necessary that one or any of circumstances enumerated
the accused is any of his parents, there is no crime of be present.
kidnapping.
ELEMENTS Actual demand for ransom not necessary, as long as it can
be proven that the kidnapping was done for the purpose of
a. Offender is a private individual; extorting money.
b. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty; Whether or not the ransom is actually paid to or received
c. The act of detention or kidnapping must be illegal; by the perpetrator is of no moment. (People v. Jatulan)
d. In the commission of the offense, any of the
following circumstances* is present (becomes The victim’s lack of consent is also a fundamental element
serious): of kidnapping and serious illegal detention. (People v.
i. The kidnapping lasts for more than 3 days; Cortez)
ii. it is committed simulating public authority;
iii. Any serious physical injuries are inflicted upon Essential: There be actual confinement or restriction of
the person kidnapped or detained or threats to the person of the offended party. It is not necessary that
kill him are made; or the victim be placed in an enclosure, as long as he is
iv. The person kidnapped or detained is a minor deprived, in any manner, of his liberty.
(except if parent is the offender), female, or a
public officer CIRCUMSTANCES CRIME COMMITTED
When the victim dies or is Special complex crime
* alternative not cumulative killed as a consequence of of Kidnapping with
the detention, which is Murder
QUALIFYING CIRCUMSTANCES covered by the last
paragraph of Art. 267 as
(1) Purpose is to extort ransom; amended.
(2) When the victim is killed or dies as a consequence of If a woman is transported Forcible abduction
the detention; from one place to another by
(3) When the victim is raped; virtue of restraining her of
(4) When victim is subjected to torture or dehumanizing her liberty, and that act is
acts. coupled with lewd designs.
If a woman is transported Serious illegal
The offenders here are private individuals or public just to restrain her of her detention
officers acting in their private capacity. If they are public liberty. There is no lewd
officers, they are covered by the crimes under Title 2. design or lewd intent.
If a woman is carried away Grave coercion
When a public officer conspires with a private person in just to break her will, to
the commission of any of the crimes under Title IX, the compel her to agree to the
crime is also one committed under this title and not under demand or request by the
Title II. offender.
The purpose is immaterial when any of the ILLEGAL DETENTION ARBITRARY DETENTION
circumstances in the first paragraph of Art. 267 is Committed by a private Committed by public
present. individual who officer or employee who
unlawfully deprives a detains a person without
Essential element: deprivation of liberty. person of his liberty legal ground

Crime against personal Crime against the from the provision. The liability of the parent is
liberty fundamental laws of the provided for in the last paragraph of Article 271;
State (3) A paragraph was added to Article 267, which states:
When the victim is killed or dies as a consequence
Where the evident purpose of taking the victim was to kill of the detention or is raped, or is subjected to
him, and from the acts of the accused it cannot be inferred torture, or dehumanizing acts, the maximum
that the latter‘s purpose was to actually detain or deprive penalty shall be imposed.
the victim of his liberty, the subsequent killing of the victim (4) The amendment introduced in our criminal
did not constitute the crime of kidnapping. The demand statutes the concept of "special complex crime" of
for ransom did not convert the crime into kidnapping, kidnapping with murder or homicide.
since no deprivation of liberty was involved. (People v (5) It eliminated the distinction drawn by the courts
Padica) between those cases where the killing of the
kidnapped victim was purposely sought by the
The essence of kidnapping is the actual deprivation of the accused, and those where the killing of the victim
victim‘s liberty coupled with the intent of the accused to was not deliberately resorted to but was merely an
effect it. (People v Luartes) afterthought.
The duration of the detention even if only for a few hours

KIDNAPPING WITH RAPE
does not alter the nature of the crime committed. (People
Lewd design came after the intent to kidnap the victim. If
v Pavillare)
there is an attempted rape, it shall be considered as a
separate crime.
PHYSICAL DETENTION IS NOT NECESSARY
It is enough that the victim is under the complete control
FORCIBLE ABDUCTION WITH RAPE
of the perpetrators as in this case when the Japanese
There is already lewd design before the kidnapping. If
victim had to rely on his abductors for survival after he was
there is an attempted rape, the crime committed is only
tricked into believing that the police was after him. It was
forcible abduction, the former being an expression of a
also held in this case that keeping a person as collateral for
lewd design.
payment of an obligation is kidnapping. (People v. Tomio)
ART. 268. SLIGHT ILLEGAL DETENTION

The elements of kidnapping for ransom under Article 267
of the Revised Penal Code (RPC), as amended by Republic
Act (R.A.) 7659 warranting the imposition of the death ELEMENTS
penalty, are as follows:
(1) Intent on the part of the accused to deprive the a. Offender is a private individual;
victim of his liberty; b. He kidnaps or detains another, or in any other
(2) Actual deprivation of the victim of his liberty; and manner deprives him of his liberty / furnished
(3) Motive of the accused, which is extorting ransom the place for the perpetration of the crime
for the release of the victim. c. The act of kidnapping or detention is illegal;
d. The crime is committed without the attendance
Neither actual demand for nor payment of ransom is of any of the circumstances enumerated in
necessary for the consummation of the felony. It is Article 267.
sufficient that the deprivation of liberty was for extorting
ransom even if none of the four circumstances mentioned NOTE: This felony is committed if any of the five
in Article 267 were present in its perpetration. (People v. circumstances in the commission of kidnapping or
Cenahonon) detention enumerated in Article 267 is not present.
Article 267 has been modified by Republic Act No. 7659 (AN THE PENALTY IS LOWERED IF
ACT TO IMPOSE THE DEATH PENALTY):
(1) Illegal detention becomes serious when it shall (1) The offended party is voluntarily released within
have lasted for more than three days, instead of three days from the start of illegal detention;
five days as originally provided; (2) Without attaining the purpose; AND
(2) In paragraph 4, if the person kidnapped or detained (3) Before the institution of the criminal action.
was a minor and the offender was anyone of the
parents, the latter has been expressly excluded

The period of 3 days must be computed by days of 24 hours Detention is for some legal Detention is not
and from that moment of the deprivation of liberty until it ground. authorized by law.
ceases. Crime is committed by Committed by making
failing to deliver such an arrest not
The prevailing rule now is Asistio v. Judge, which provides person to the proper authorized by law
that voluntary release will only mitigate criminal liability if judicial authority within a
crime was slight illegal detention. If serious, it has no certain period.
effect.
The liability of one who furnishes the place where the

SECTION TWO: KIDNAPPING OF
offended party is being held captive is that of a principal MINORS
and not of an accomplice.
ART. 270 KIDNAPPING AND FAIULURE
ART. 269. UNLAWFUL ARREST TO RETURN A MINOR
ELEMENTS
ELEMENTS
a. Offender arrests or detains another person;

a. The offender is entrusted with the custody of a
b. The purpose of the offender is to deliver him to the
minor; and
proper authorities;
b. He deliberately fails to restore the minor to his
c. The arrest or detention is not authorized by law or
parents or guardians.
there is no reasonable ground therefor
This felony consists in making an arrest or detention NOTE: The refusal, however, must be deliberate
without legal or reasonable ground for the purpose of and persistent to oblige the parents or the
delivering the offended party to the proper authorities. guardian to seek the aid of the courts to obtain the
custody of the minor.
ACT COMMITTED CRIME
Arrest made without a warrant and Unlawful arrest If any of the elements is absent, the kidnapping of the
under circumstances not allowing a minor will fall under Art. 267 (Kidnapping and serious
warrantless arrest illegal detention).
If the person arrested is not Illegal detention
delivered to the authorities under Article 267 If the accused is any of the parents, Article 267 does not
- Where person making the or 268. apply; Articles 270 and 271 apply. If the taking is with the
arrest is a private consent of the parents, the crime in Article 270 is
individual Arbitrary committed.
- offender is a public officer detention under
Article 124. Where a minor child was taken by the accused without the
knowledge and consent of his parents, the crime is
If the detention or arrest is for a Art. 125 (Delaying kidnapping and serious illegal detention under Article 267,
legal ground, but the public officer Release) not kidnapping and failure to return a minor under Article
delays delivery of the person 270. (People v. Mendoza)
arrested to the proper judicial
authorities ART. 271. INDUCING A MINOR TO
ABANDON HIS HOME
NOTE: This felony may also be committed by public
officers. (People v. Malasugui)
ELEMENTS
Delay in Delivery of Detained Persons and Unlawful
arrest
a. The minor is living in the home of his parents or
guardians or the person entrusted with his
DELAY IN THE DELIVERY UNLAWFUL ARREST
custody; and
OF DETAINED PERSONS (ART. 269) b. The offender induces a minor to abandon such
(ART. 125) home.

INDUCEMENT MUST BE This is committed if anyone shall purchase, kidnap, or

detain a human being for the purpose of enslaving him.
(1) Actual; and
(2) Committed with criminal intent (determined will to QUALIFYING CIRCUMSTANCE
cause damage).
Where the victims abandoned their respective homes out If the purpose of the offender is to assign the offended
of an irresponsible spirit of restlessness and adventure, the party to some immoral traffic (prostitution), the penalty is
crime is not committed. higher
CRIME
CIRCUMSTANCES
The minor should not leave his home of his own free will. COMMITTED
What constitutes the crime is the act of inducing a minor If the purpose of the kidnapping or Slavery
to abandon his home of his guardian, and it is not detention is to enslave the offended
necessary that the minor actually abandons the home. party
if the offender is not engaged in the Slavery
Father or mother may commit the crimes in Art. 170 and 171 business of prostitution.
where they are living separately, and the custody of the if the offender is engaged in the White slave
minor children is given to one of them. business of prostitution. trade under
Article 341.
The felony is committed by anyone who shall induce a
minor to abandon the house of his parents or guardian or This is distinguished from illegal detention by the purpose.
the person entrusted with his custody. It is mitigated if If the purpose of the kidnapping or detention is to enslave
induced by father or mother. the offended party, slavery is committed.
The article is intended to discourage and prevent The employment or custody of a minor with the consent
disruption of filial relationship and undue interference of the parent or guardian although against the child’s own
with the parents’ right and duty to the custody of their will cannot be considered involuntary servitude.
minor children and to rear them. The mere commission of
any act which tends to influence, persuade or prevail on a But where is proven that the defendant was obliged to
minor to abandon his home is what constitutes the crime. render service in plaintiff’s house as a servant without
Its effect on the minor is immaterial. (People v. Apolinar) remuneration whatever and to remain there so long as she
has not paid her debt, there is slavery.
The crime is committed by mere inducement of the
minor to abandon the house of his parents. See: Sec. 4, 5 (prohibited acts) of RA 9208 (Anti-
Trafficking of Persons Act)
PENALTY
The penalty of prisión correccional and a fine not ₱100,000
ART. 273 EXPLOITATION OF CHILD
shall be imposed upon anyone who shall induce a minor to
abandon the home of his parents or guardians or the LABOR
persons entrusted with his custody. If the person
committing the crimes covered shall be the father or the ELEMENTS
mother of the minor, the penalty shall be arresto mayor or
a fine not exceeding ₱40,000, or both. a. Offender retains a minor in his services;
b. It is against the will of the minor;
c. It is under the pretext of reimbursing himself of a
SECTION THREE: SLAVERY AND
debt incurred by an ascendant, guardian or person
SERVITUDE entrusted with the custody of such minor.
ART. 272 SLAVERY The existence of an indebtedness constitutes no legal

justification for holding a person and depriving him of his
freedom to live where he wills.
ELEMENTS
a. Offender purchases, sells, kidnaps or detains a
human being; and NOTE: If the minor agrees to serve the accused, no crime
b. The purpose of the offender is to enslave such is committed, even if the service is rendered to pay an
human being. ascendant’s alleged debt.

ANTI-CHILD LABOR ACT OF 2003 (RA 9231) SERVICES UNDER RA 9231 (ANTI-CHILD
RA 9231 amended RA 7610 by imposing heavier penalties COMPULSION LABOR ACT OF 2003)
on parents, guardians and employers of children 18 yrs. Victim is not necessarily Victim must be a minor
And below who commit any of the following acts: a minor
(1) Making the child work beyond the maximum no. The debtor is the one Minor is compelled to
of working hours provided by said law; compelled to work for render services for the
(2) Misappropriating the earnings of the child the offender supposed debt of his
and/or failure to set up a trust fund for the latter parents or guardian
and render a semi-annual accounting of such; Limited to household There is no limitation as
(3) Using, procuring or offering the child for work or farm labor to the form of service
purposes of prostitution or pornographic
activities;
(4) Using, procuring or offering the child for illicit
CHAPTER TWO: CRIMES AGAINST
activities, such as trafficking of drugs and other SECURITIES
illegal substances;
(5) Making the child work in hazardous working
SECTION ONE: ABANDONMENT OF
conditions;
(6) Subjecting the child to various forms of slavery as HELPLESS PERSONS AND EXPLOITED
defined in RA 9208, incl. Trafficking of children, MINORS
recruitment of child soldiers, etc.
ART. 275 ABANDONMENT OF PERSON IN

ART. 274 SERVICES RENDERED UNDER
DANGER AND ABANDONMENT OF ONE’S
COMPULSION IN PAYMENT OF DEBT
OWN VICTIM
ELEMENTS
ACTS PUNISHED
a. Offender compels a debtor to work for him, either as

(1) Failing to render assistance to any person whom the
a household servant or farm laborer;
offender finds in an uninhabited place wounded or in
b. It is against the debtor‘s will;
danger of dying when he can render such assistance
c. Purpose is to require or enforce the payment of debt
without detriment to himself, unless such omission
RA 9231 (Anti-Child Labor Act of 2003)
shall constitute a more serious offense.
Sec. 12-D thereof prohibits “worst forms of child labor”
which includes:
Elements
(1) All forms of slavery, as defined under the "Anti-
a. The place is not inhabited;
trafficking in Persons Act of 2003", or practices
b. Accused found there a person wounded or in
similar to slavery such as sale and trafficking of
danger of dying;
children, debt bondage and serfdom and forced or
c. Accused can render assistance without
compulsory labor, including recruitment of
detriment to himself;
children for use in armed conflict; or
d. Accused fails to render assistance.
(2) The use, procuring, offering or exposing of a child
for prostitution, for the production of pornography
NOTE: The offender is liable only when he can render
or for pornographic performances; or
such assistance without detriment to himself, unless
(3) The use, procuring or offering of a child for illegal
the omission constitutes a more serious offense.
or illicit activities, including the production and
Where the person is already wounded and already in
trafficking of dangerous drugs and volatile
danger of dying, there is an obligation to render
substances prohibited under existing laws; or
assistance only if he is found in an uninhabited place.
(4) Work which by its nature or the circumstances in
which it is carried out, is hazardous or likely to be
(2) Failing to help or render assistance to another whom
harmful to the health, safety or morals of children.
the offender has accidentally wounded or injured;
(3) By failing to deliver a child, under seven years of age,
SERVICES UNDER COMPULSION AND ANTI-CHILD
whom the offender has found abandoned, to the
LABOR ACT DISTINGUISHED
authorities or to his family, or by failing to take him to
a safe place.
NOTE: It is immaterial even if the offender has no ART. 277 ABANDONMENT OF MINOR BY
knowledge that the child is under seven years of age.
PERSON ENTRUSTED WITH HIS
This does not apply where a person intentionally wounds
CUSTODY; INDIFFERENCE OF PARENTS
another and leaves the offended party in an uninhabited
place. ACTS PUNISHED
An uninhabited place is determined by possibility of (1) Delivering a minor to a public institution or other
person receiving assistance from another. Even if there persons without the consent of the one who
are many houses around, the place may still be uninhabited entrusted such minor to the care of the offender or,
if possibility of receiving assistance is remote. in the absence of that one, without the consent of the
proper authorities;
If what happened was an accident at first, there would be Elements
no liability pursuant to Article 12 (4) of the Civil Code – a. Offender has charge of the rearing or
damnum absque injuria. But if you abandon your victim, education of a minor;
you will be liable under Article 275. Here, the character of b. He delivers said minor to a public institution or
the place is immaterial. As long as the victim was injured other persons;
because of the accident caused by the offender, the c. The one who entrusted such child to the
offender would be liable for abandonment if he would not offender has not consented to such act; or if
render assistance to the victim. the one who entrusted such child to the
offender is absent, the proper authorities have
ART. 276 ABANDONING A MINOR not consented to it.
(2) Neglecting his (offender’s) children by not giving them

ELEMENTS
the education which their station in life requires and
financial condition permits.
a. Offender has the custody of a child;
Elements
b. The child is under seven years of age;
a. Offender is a parent;
c. He abandons such child;
b. He neglects his children by not giving them
d. He has no intent to kill the child when the latter is
education;
abandoned.
NOTE: Failure to give education must be due to
deliberate desire to evade the obligation. If the
QUALIFYING CIRCUMSTANCES
parents cannot give education because of
insufficient means, they will not be liable.
(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 c. His station in life requires such education and
abandonment. his financial condition permits it.
The purpose in abandoning the minor under his custody is “Indifference of parents” – while financially capable of
to avoid the obligation of taking care of said minor. It must supporting the needs of children, the parents deliberately
be conscious, deliberate, and permanent. neglect to support the educational requirements of the
children through plain irresponsibility caused by wrong
Intent to kill cannot be presumed from the death of the social values.
child. The ruling that the intent to kill is presumed from
the death of the victim of the crime is applicable only to ABANDONMENT OF
crimes against persons, and not to crimes against security, MINOR BY PERSONS ABANDONMENT OF
particularly the crime of abandoning a minor under Art. ENTRUSTED WITH MINOR (ART. 276)
276. CUSTODY (ART. 277)
The custody of the The custody of the
offender is specific, that offender is stated in
is, the custody for the general
rearing or education of
the minor

Minor is under 18 yrs. of Minor is under 7 years of NATURE OF THE BUSINESS

age age This involves circuses which generally attract children so
Minor is delivered to a Minor is abandoned in they themselves may enjoy working there unaware of the
public institution or such a way as to deprive danger to their own lives and limbs.
other person him of the care and
protection that his AGE: Must be below 16 years. At this age, the minor is still
tender years need growing.
ART. 278 EXPLOITATION OF MINORS If the employer is an ascendant, the crime is not
committed, unless the minor is less than 12 years old.
ACTS PUNISHED Because if the employer is an ascendant, the law regards
that he would look after the welfare and protection of the
(1) Causing any boy or girl under 16 years of age to child; hence, the age is lowered to 12 years. Below that age,
perform any dangerous feat of balancing, physical the crime is committed.
strength or contortion, the offender being any
person; Article 278 has no application if minor is 16 years old and
(2) Employing children under 16 years of age who are not above. But the exploitation will be dealt with by Republic
the children or descendants of the offender in Act No. 7610.
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer, the offender being an acrobat, If the minor so employed would suffer some injuries as a
etc., or circus manager or engaged in a similar calling; result of a violation of Article 278, Article 279 provides that
(3) Employing any descendant under 12 years of age in there would be additional criminal liability for the resulting
dangerous exhibitions enumerated in the next felony.
preceding paragraph, the offender being engaged in
any of the said callings; Illustration:
(4) Delivering a child under 16 years of age gratuitously The owner of a circus employed a child under 16 years of
to any person following any of the callings age to do a balancing act on the tightrope. The crime
enumerated in paragraph 2, or to any habitual vagrant committed is exploitation of minors (unless the employer
or beggar, the offender being an ascendant, guardian, is the ascendant of the minor who is not below 12 years of
teacher or person entrusted in any capacity with the age). If the child fell and suffered physical injuries while
care of such child; and working, the employer shall be liable for said physical
(5) Inducing any child under 16 years of age to abandon injuries in addition to his liability for exploitation of minors
the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any of the RA 10951 AMENDED ART. 278
callings mentioned in paragraph 2 or to accompany The penalty of prisión correccional in its minimum and
any habitual vagrant or beggar, the offender being any medium periods and a fine not exceeding ₱100,000 shall
person. now be imposed.
CIRCUMSTANCE QUALIFYING THE OFFENSE ART. 279 ADDITIONAL PENALTIES FOR

OTHER OFFENSES
(1) If the delivery of the child to any person following any
of the calling of acrobat, gymnast, rope-walker, diver,
ADDITIONAL PENALTIES FOR OTHER OFFENSES
wild-animal tamer or circus manager or to any
habitual vagrant or beggar is made in consideration of
(1) The imposition of the penalties provided in the
any price, compensation or promise, the penalty is
preceding articles shall not prevent the imposition
higher.
upon the same offender for any other felony punished
(2) The offender is engaged in a kind of business that
by the Code.
would place the life or limb of the minor in danger,
(2) Under Art. 60 of the Pres. Decree 603, the acts
even though working for him is not against the will of
mentioned in Art. 59 committed by the parents and
the minor.
guardians are punished with imprisonment from 2 to
6 months or a fine not exceeding P500 or both, unless
a higher penalty is provided in the Revised Penal Code
or special laws.

• If the purpose is shown, it may be absorbed in the

crime as in robbery with force upon things, the
SECTION TWO: TRESPASS TO
trespass yielding to the more serious crime.
DWELLING • If the purpose is not shown and while inside the
dwelling he was found by the occupants, one of
ART. 280 QUALIFIED TRESPASS TO whom was injured by him, the crime committed
will be trespass to dwelling and frustrated
DWELLING
homicide, physical injuries, or if there was no
injury, unjust vexation.
ELEMENTS
• If the entry is made by a way not intended for
entry, it is presumed to be against the will of the
a. Offender is a private person; occupant (example, entry through a window). It is
b. He enters the dwelling of another; not necessary that there be a breaking.
c. Such entrance is against the latter’s will.
Examples of Trespass by means of Violence
TWO FORMS OF TRESPASS
(1) Pushing the door violently and maltreating the
occupants after entering.
(1) Qualified trespass to dwelling (2) Cutting of a ribbon or string with which the door latch
This may be committed by any private person who of a closed room was fastened. The cutting of the
shall enter the dwelling of another against the latter’s fastenings of the door was an act of violence.
will. The house must be inhabited at the time of the (3) Wounding by means of a bolo, the owner of the house
trespass although the occupants are out. Or offender immediately after entrance
breaks in with force and violence (Article 280).
Examples of Trespass by Means of Intimidation
(2) Trespass to property (1) Firing a revolver in the air by persons attempting to
Offender enters the closed premises or fenced estate force their way into a house.
of another; such close premises or fenced estate is (2) The flourishing of a bolo against inmates of the house
uninhabited; there is a manifest prohibition against upon gaining an entrance
entering such closed premises or fenced estate; and
offender has not secured the permission of the owner Prohibition is not necessary when violence or intimidation
or caretaker thereof (Article 281). is employed by the offender.
See: Presidential Decree No. 1227 regarding unlawful Trespass may be committed by the owner of a dwelling.
entry into any military base in the Philippines.
Section 1 provides that any person, without express or QUALIFIED TRESPASS TO DWELLING AND VIOLATION
implied permission or authority of the base commander or OF DOMICILE, DISTINGUISHED
his duly authorized representatives, who re-enters or is
found within any military base after having been removed Unlike qualified trespass to dwelling, violation of domicile
and ordered not to re-enter by the base commander or his may be committed only by a public officer or employee and
duly authorized representative, shall be punished with the violation may consist of any of the three acts
imprisonment and fine, or both, as provided under the law mentioned in Article 128 –
(1) Entering the dwelling against the will of the owner
DWELLING without judicial order;
It means any building or structure exclusively devoted for (2) Searching papers or other effects found in such
rest and comfort. This is the place that a person inhabits. dwelling without the previous consent of the
It includes the dependencies which have interior owner thereof; and
communication with the house. It is not necessary that it (3) Refusing to leave the dwelling when so requested
be the permanent dwelling of the person. So, a person’s by the owner thereof, after having surreptitiously
room in a hotel may be considered a dwelling. It also entered such dwelling.
includes a room where one resides as a boarder.
CASES WHEN ARTICLE 280 DOES NOT APPLY
NOTE:
• If the purpose in entering the dwelling is not (1) When the purpose of the entrance is to prevent
shown, trespass is committed. serious harm to himself, the occupant or third
persons; permission of the owner or

(2) When the purpose of the offender in entering is to caretaker thereof
render some service to humanity or justice;
(3) Anyone who shall enter cafes, taverns, inns and other
public houses while they are open. Prohibition to enter is Prohibition to enter must be
express or implied manifest
Pursuant to Section 6, Rule 113 of the Rules of Court, a
person who believes that a crime has been committed “Premises” Signifies distinct and definite locality. It may
against him has every right to go after the culprit and mean a room, shop, building or definite area, but in either
arrest him without any warrant even if in the process he case, locality is fixed.
enters the house of another against the latter’s will.
RA 10951 amended ART. 281
RA 10951 amended ART 280 The penalty of arresto menor or a fine not exceeding
Accordingly, any private person who shall enter the ₱40,000, or both, shall now be imposed.
dwelling of another against the latter’s will shall be
punished by arresto mayor and a fine not exceeding
₱200,000. If the offense shall be committed by means of
SECTION THREE: THREATS AND
violence or intimidation, the penalty shall be prisión COERCION
correccional in its medium and maximum periods and a
fine not exceeding ₱200,000.
ART. 282 GRAVE THREATS
ART. 281 OTHER FORMS OF TRESPASS ACTS PUNISHED
ELEMENTS (1) Threatening another with the infliction upon his

person, honor or property or that of this family of any
a. Offender enters the closed premises or the fenced wrong amounting to a crime and demanding money
estate of another; or imposing any other condition, even though not
b. The entrance is made while either of them is unlawful, and the offender attained his purpose;
uninhabited;
c. The prohibition to enter is manifest; and Elements
d. The trespasser has not secured the permission of a. That the offender threatens another person
the owner or the caretaker thereof. with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s
QUALIFIED TRESPASS TO DWELLING AND OTHER family, of any wrong;
FORMS OF TRESPASS, DISTINGUISHED b. That such wrong amounts to a crime;
c. That there is a demand for money or that any
QUALIFIED OTHER FORMS OF other condition is imposed, even though not
TRESSPASS TO TRESPASS (ART. 281) unlawful;
DWELLING (ART. 280) d. That the offender attains his purpose
Offender is a private The offender is any person
person (either private individual or (2) Making such threat without the offender attaining his
public officer) purpose;
Offender enters a Offender enters closed
dwelling house premises or fenced estate (3) Threatening another with the infliction upon his
without securing the person, honor or property or that of his family of any
permission of the owner or wrong amounting to a crime, the threat not being
caretaker thereof subject to a condition.
Place entered is Prohibition to enter must be
inhabited manifest Elements
a. That the offender threatens another person
Act constituting the It is the entering the closed
crime is entering the premises or the fenced with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s
dwelling against the estate without securing the
will of the owner family, of any wrong;
b. That such wrong amounts to a crime;
c. That the threat is not subject to a condition the opposition or resistance

which the victim might offer
As to intimidation
NOTE: The third type of grave threats must be
The intimidation is Intimidation is actual and
serious and deliberate; the offender must persist in
future and immediate
the idea involved in his threats. The threat should not
conditional.
be made in the heat of anger.
As to nature of intimidation
“THREAT” - A declaration of an intention or determination It may be through Intimidation is personal
to injure another by the commission upon his person, an intermediary
honor or property or upon that of his family of some wrong As to subject matter
which may or may not amount to a crime. May refer to the Refers to personal property
person, honor or
“INTIMIDATION” - An indispensable element in the crime property.
of threat. The very essence of threat is to sow fear, anxiety As to intent to gain
and insecurity in the mind of the offended party. It is done Intent to gain is There is intent to gain
by threatening to commit the crime upon the person, not an essential
honor, and property of the offended party. There is a element.
promise of some future harm or injury.
GRAVE THREATS (ART. LIGHT THREATS (ART.
To constitute grave threats, the threats must refer to a 282) 283)
future wrong and is committed by acts or through words Acts threatened amounts Acts threatened does not
of such efficiency to inspire terror or fear upon another. It to a crime. amount to a crime.
is, therefore, characterized by moral pressure that Even if the harm intended
produces disquietude or alarm. is in the nature of a
crime, if made orally and
The crime is consummated as soon as the threats came to in the heat of anger and
the knowledge of the offended party. after the oral threat, the
issuer of the threat did
QUALIFYING CIRCUMSTANCE not pursue the act, the
crime is only other light
(1) If threat was made in writing; or threats under Article 283.
(2) Through a middleman.
The penalty next lower in degree than that prescribed by
THREAT COERCION
law for the crime he threatened to commit, if the offender
Intimidation is The essence of coercion is
shall have made the threat demanding money or imposing
essential violence or intimidation.
any other condition, even though not unlawful, and said
offender shall have attained his purpose. If the offender
Intimidation is future Force or violence must be
shall not have attained his purpose, the penalty lower by 2
and conditional imminent, actual, and
degrees shall be imposed. On the other hand, if the threat
immediate
be made in writing or through a middleman, the penalty
Intimidation is Intimidation is directed
shall be imposed in its maximum period.
directed against the against the victim only
victim or his family
The penalty of arresto mayor and a fine not exceeding
₱100,000, if the threat shall not have been made subject to
THREAT ROBBERY a condition
In threat, the In robbery, the robber makes ART. 283 LIGHT THREATS
danger to the the danger involved in his
victim is not threats directly imminent to the ELEMENTS
instantly imminent victim and the obtainment of his a. Offender makes a threat to commit a wrong;
nor the gain of the gain immediate, thereby also b. The wrong does not constitute a crime;
culprit immediate. taking rights to his person by c. There is a demand for money or that other
condition is imposed, even though not unlawful;

d. Offender has attained his purpose or, that he has the idea involved in his threat;
not attained his purpose. (3) Orally threatening to do another any harm not
constituting a felony.
A person may be convicted of light threats if although the
harm threatened is not in the nature of crime but there is WITHOUT BEING INCLUDED IN THE PROVISIONS OF
a demand for money or any other condition is imposed, THE NEXT PRECEDING ARTICLE
even though lawful.
There must be no demand for money or there is no
Thus, if X would threaten Y, a physician, who is not paying condition imposed. It must likewise be not punished under
taxes to the Government to report to the BIR unless said paragraph 2 of Article 282.
physician would come across with P5,000, this crime is
committed. The threat to report to the BIR does not Under the first type, the subsequent acts of the offender
amount to a wrong constituting a crime. must show that he did not persist in the idea involved in
the threat. Threats which are ordinarily grave threats, if
Blackmailing may be punished under Article 283. made in the heat of anger, may be other light threats. If the
threats are directed to a person who is absent and uttered
ART. 284 BOND FOR GOOD BEHAVIOR in a temporary fit of anger, the offense is only other light
threats.
The law imposes the penalty of bond for good behavior
only in case of grave and light threats. If the offender NOTE: Whether it is grave or light threats, the crime is
cannot post the bond, he will be banished by way of committed even in the absence of the person to whom the
destierro to prevent him from carrying out his threat. threat is directed.
WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND GRAVE THREATS AND OTHER LIGHT THREATS
LIGHT THREATS (ART. (ART. 283)
(1) When he threatens another under the 282 & ART. 283)
circumstances mentioned in Art. 282 (Grave In certain cases, demand No demand for money
Threats). for money is necessary
(2) When he threatens another under the In certain cases, No condition is imposed
circumstances mentioned in Art. 283 (Light condition is imposed
Threats). Threat is deliberate Threat is not deliberate
This is an additional penalty.

BOND TO KEEP THE BOND FOR GOOD RA 10951 amended ART. 285
PEACE BEHAVIOR The penalty of arresto menor in its minimum period or a
fine not exceeding ₱40,000 shall now be imposed
(ART. 35) (ART. 365)
It is applicable to any It is applicable only to
particular case. cases of grave threats and ART. 286 GRAVE COERCIONS
light threats.
If the offender fails to If the offender fails to ACTS PUNISHED
give bond, he shall be give the bond, he shall be
detained for a period not sentenced to destierro. (1) Preventive – Preventing another, by means of
exceeding 6 months. violence, threats or intimidation, from doing
something not prohibited by law;
(2) Compulsive – Compelling another, by means of
ART. 285 OTHER LIGHT THREATS
violence, threats or intimidation, to do something
against his will, whether it be right or wrong.
ACTS PUNISHED
ELEMENTS
(1) Threatening another with a weapon, or by drawing
such weapon in a quarrel, unless it be in lawful self-
a. A person prevented another from doing something
defense;
not prohibited by law, or
(2) Orally threatening another, in the heat of anger, with
b. That he compelled him to do something against his
some harm constituting a crime, without persisting in
will; be it right or wrong;
c. The prevention or compulsion be effected by perform any religious act.

violence, threats or intimidation control the will of (3) If the coercion is committed to prevent another
the offended party; and from performing any religious act
d. The person that restrained the will and liberty of
another had not the authority of law or the right to INTERRUPTION OF RELIGIOUS WORSHIP, ACT
do so, or in other words, that the restraint shall not TENDING TO PREVENT THE METTING OF THE
be made under authority of law or in the exercise ASSEMBLY AND SIMILAR BODIES, VIOLATION OF
of any lawful right. PARLIAMENTARY IMMUNITY, AND LIGHT COERCION,
DISTINGUISHED
PURPOSE OF THE LAW
CIRCUMSTANCES CRIME COMMITTED
To enforce the principle that no person may take the law
A public officer who Interruption of religious
into his hands, and that our government is one of law, not
shall prevent by means worship (Art 132)
of men.
of violence or threats
the ceremonies or
Grave coercion arises only if the act which the offender
manifestations of any
prevented another to do is not prohibited by law or
religion
ordinance. If the act prohibited was illegal, he is not liable
Any person who, by Act tending to prevent
for grave coercion.
force, prevents the the meeting of the
meeting of a legislative Assembly and similar
Illustration:
body bodies (Art 143)
Compelling the debtor to deliver some of his properties to
Any person who shall Violation of
pay a creditor will amount to coercion although the
use force or intimidation parliamentary immunity
creditor may have a right to collect payment from the
to prevent any member (Art 145)
debtor, even if the obligation is long overdue.
of Congress from
attending the meetings
The violence employed in grave coercion must be
thereof, expressing his
immediate, actual, or imminent. In the absence of actual
opinions, or casting his
or imminent force or violence, coercion is not committed.
vote
The essence of coercion is an attack on individual liberty.
when the violence is light coercion (Art. 287)
employed to seize
The physical violence is exerted to:
anything belonging to
1. Prevent a person from doing something he wants to
the debtor of the
do;
offender
2. Compel him to do something he does not want to do.
The owner of a thing has no right to prohibit the

If a man compels another to show the contents of the
interference of another, if the interference is necessary to
latter’s pockets, and takes the wallet, this is robbery and
avert an imminent danger and the threatened damage,
not grave coercion. The intimidation is a means of
compared to the damage arising to the owner from the
committing robbery with violence or intimidation of
interference, is much greater. (Art. 432, CC
persons. Violence is inherent in the crime of robbery with
violence or intimidation upon persons and in usurpation of
real properties because it is the means of committing the
The penalty of prisión correccional and a fine not
crime.
exceeding ₱100,000 shall now be imposed for both acts of
coercion. If the coercion be committed in violation of the
Exception to the rule that physical violence must be
exercise of the right of suffrage, or for the purpose of
exerted: where intimidation is so serious that it is not a
compelling another to perform any religious act, or to
threat anymore – it approximates violence.
prevent him from exercising such right or from so doing
such act, the penalty next higher in degree shall be
WHEN PRISION MAYOR SHALL BE IMPOSED imposed.
(1) If the coercion is committed in violation of the

exercise of the right of suffrage.
(2) If the coercion is committed to compel another to

ART. 287 LIGHT COERCIONS ART. 288 OTHER SIMILAR COERCIONS;

(COMPULSORY PURCHASE OF
ELEMENTS MERCHANDISE AND PAYMENT OF
WAGES BY MEANS OF TOKENS)
a. Offender must be a creditor;
b. He seizes anything belonging to his debtor;
c. The seizure of the thing be accomplished by means ACTS PUNISHED
of violence or a display of material force producing
intimidation; (1) Forcing or compelling, directly or indirectly, or
d. The purpose of the offender is to apply the same to knowingly permitting the forcing or compelling of the
the payment of the debt. laborer or employee of the offender to purchase
merchandise of commodities of any kind from him;
The first paragraph deals with light coercions wherein Elements
violence is employed by the offender who is a creditor in a. Offender is any person, agent or officer of any
seizing anything belonging to his debtor for the purpose of association or corporation;
applying the same to the payment of the debt. b. He or such firm or corporation has employed
laborers or employees;
In the other light coercions or unjust vexation embraced c. He forces or compels, directly or indirectly, or
in the second paragraph, violence is absent knowingly permits to be forced or compelled,
any of his or its laborers or employees to
UNJUST VEXATION purchase merchandise or commodities of any
Any act committed without violence, but which kind from him or from said firm or corporation
unjustifiably annoys or vexes an innocent person amounts
to light coercion. (People vs. Gozum) (2) Paying the wages due his laborer or employee by
means of tokens or object other than the legal tender
It should include any human conduct which, although not currency of the Philippines, unless expressly
productive of some physical or material harm would, requested by such laborer or employee.
however, unjustifiably annoy or vex an innocent person.
It is distinguished from grave coercion under the first Elements
paragraph by the absence of violence. a. Offender pays the wages due a laborer or
employee employed by him by means of tokens
Illustration: or object;
Persons stoning someone else’s house. So long as stoning b. Those tokens or objects are other than the
is not serious and it is intended to annoy, it is unjust legal tender currency of the Philippines;
vexation. It disturbs the peace of mind. c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
PURPOSE objects.
The main purpose of the statute penalizing coercion and As a general rule, wages shall be paid in legal tender and
unjust vexation is precisely to enforce the principle that no the use of tokens, promissory notes, vouchers, coupons or
person may take the law into his hands and that our any other forms alleged to represent legal tender is
government is one of laws, not of men. The essence of the absolutely prohibited even when expressly requested by
crimes is the attack on individual liberty. the employee. (Section 1, Rule VIII, Book III, Omnibus Rules
Implementing the Labor Code)
RA 10951 AMENDED ART. 287
The penalty of arresto mayor in its minimum period and a No employer shall limit or otherwise interfere with the
fine equivalent to the value of the thing, but in no case less freedom of any employee to dispose of his wages. He shall
than ₱15,000 shall now be imposed. Any other coercions or not in any manner force, compel, oblige his employees to
unjust vexations shall be punished by arresto menor or a purchase merchandise, commodities or other property
fine ranging from ₱1,000 to not more than ₱40,000, or from the employer or from any other person. (Art. 112,
both. Labor Code)
Compelling an employee to purchase merchandise or

commodities of the employer or compelling him to receive
tokens or objects in payment of his wages are punished CHAPTER THREE: DISCOVERY AND
under the Revised Penal Code.
REVELATION OF SECRETS
Inducing an employee to give up any part of his wages by
force, stealth, intimidation, threat or by any other means ART. 290 DISCOVERING SECRETS
is unlawful under Article 116 of the Labor Code, not under THROUGH SEIZURE OF
the Revised Penal Code.
CORRESPONDENCE
ELEMENTS
The penalty of arresto mayor or a fine ranging from
₱40,000 to ₱100,000, or both, shall now be imposed for
both acts. a. Offender is a private individual or even a public
officer not in the exercise of his official function;
b. He seizes the papers or letters of another;
c. The purpose is to discover the secrets of such
ART. 289 FORMATION, MAINTENANCE
another person;
AND PROHIBITION OF COMBINATION OF d. Offender is informed of the contents of the papers
CAPITAL OR LABOR THROUGH or letters seized.
VIOLENCE OR THREATS
*Repealed by the labor code* Seize means to place in the control of someone a thing or
to give him the possession thereof.
ELEMENTS
Purpose: This is a crime against the security of one’s
a. Offender employs violence or threats, in such a papers and effects. The purpose must be to discover its
degree as to compel or force the laborers or effects. The act violates the privacy of communication.
employers in the free and legal exercise of their
industry or work; According to Dean Ortega, it is not necessary that the
b. The purpose is to organize, maintain or prevent offender should actually discover the contents of the
coalitions of capital or labor, strike of laborers or letter. Reyes, citing People v. Singh, believes otherwise.
lockout of employees.
This is not applicable to parents with respect to minor
ACTS PUNISHED children.
(1) The organizing, maintaining or preventing coalitions The last paragraph of Article 290 expressly makes the
of capital or labor, strike, or lockout through violence provision of the first and second paragraph thereof
or threats. inapplicable to parents, guardians, or persons entrusted
(2) The act should not be a more serious offense. If death with the custody of minors placed under their care or
or some serious physical injuries are cause in an effort custody, and to the spouses with respect to the papers or
to curtail the exercise of the rights of the laborers and letters of either of them. The teachers or other persons
employers, the act should be punished in accordance entrusted with the care and education of minors are
with the other provisions of the Code. included in the exceptions.
Peaceful picketing is part of the freedom of speech and is In a case decided by the Supreme Court, a spouse who
not covered by this article. rummaged and found love letters of husband to mistress
does not commit this crime, but the letters are
Preventing employees or laborers from joining any inadmissible in evidence because of unreasonable search
registered labor organization is punished under Art. 248 of and seizure. The ruling held that the wife should have
the Labor Code. applied for a search warrant.
RA 10951 amended ART. 289 CIRCUMSTANCES CRIME

The penalty of arresto mayor and a fine not exceeding If the act had been executed with Estafa
₱60,000 shall now be imposed. intent of gain
If the purpose was not to defraud, but would merit
only to cause damage to another’s the

qualification
of damage to SECRET MUST BE LEARNED BY REASON OF THEIR
property EMPLOYMENT
If the intention was merely to cause Unjust
vexation preventing another to do Vexation An employee, manager, or servant who came to know of
something which the law does not the secret of his master or principal in such capacity and
prohibit or compel him to execute reveals the same shall also be liable regardless of whether
what he does not want the principal or master suffered damages.
An Act To Prohibit And Penalize Wire Tapping And The essence of this crime is that the offender learned of
Other Related Violations Of The Privacy Of the secret in the course of his employment. He is enjoying
Communication, And For Other Purposes (RA No. a confidential relation with the employer or master, so he
4200) should respect the privacy of matters personal to the
Section 1. Unlawful acts by any person or participant, latter. No one has a right to the personal privacy of
not authorized by all the parties to any private another.
communication or spoken word.
(1) To tap any wire or cable; RA 10951 amended ART. 291
(2) To use any other device or arrangement to The penalty of arresto mayor and a fine not exceeding
secretly overhear, intercept or record such ₱100,000 shall now be imposed.
communication by using a device known as
dictaphone, dictagraph, detectaphone, walkie- ART. 292 REVELATION OF INDUSTRIAL
talkie or tape-recorder; SECRETS
(3) To knowingly possess any tape/wire or disc
record, or copies of any communication or ELEMENTS
spoken word;
(4) To replay the same for any person or persons; a. Offender is a person in charge, employee or
(5) To communicate the contents thereof, verbally or workman of a manufacturing or industrial
in writing; establishment;
(6) To furnish transcriptions thereof, whether b. The manufacturing or industrial establishment has
complete or partial. a secret of the industry which the offender has
Exception: When a peace officer is authorized by learned;
written order from the court. c. Offender reveals such secrets;
d. Prejudice is caused to the owner.
Any recording, communication or spoken word
obtained in violation of the provisions of this Act – A business secret must not be known to other business
inadmissible in evidence in any judicial, quasi-judicial or entities or persons. It is a matter to be discovered, known
administrative hearing or investigation. and used by and must belong to one person or entity
exclusively.
The penalty of prisión correccional in its minimum and The secrets here must be those relating to the
medium periods and a fine not exceeding ₱100,000 shall manufacturing processes invented by or for a
now be imposed. If the offender shall not reveal such manufacturer and used only in his factory or in a limited
secrets, the penalty shall be arresto mayor and a fine not number of them, otherwise, as when such processes are
exceeding ₱100,000. generally used, they will not be a secret.
ART. 291 REVEALING SECRETS WITH The act constituting the crime is revealing the secret of the
ABUSE OF OFFICE industry of employer. When, the offender used for his own
benefit, without revealing it to others, he is not liable
under this article.
ELEMENTS
a. Offender is a manager, employee or servant;
b. He learns the secrets of his principal or master in
The penalty of prisión correccional in its minimum and
such capacity;
medium periods and a fine not exceeding ₱100,000 shall
c. He reveals such secrets.
now be imposed.
CRIMES AGAINST PROPERTY Art. 326. Setting fire to property exclusively owned by
the offender
CHAPTER ONE: Robbery in General Art. 326-A. In cases where death resulted as a
Art. 293. Who are guilty of robbery consequence of arson
Art. 326-B. Prima facie evidence of arson
Section 1: Robbery with violence against or
CHAPTER NINE: Malicious Mischief
intimidation of persons
Art. 327. Who are liable for malicious mischief
Art. 294. Robbery with violence against or intimidation of
Art. 328. Special Cases of Malicious Mischief
persons; Penalties
Art. 329. Other mischiefs
Art. 295. Robbery with physical injuries, committed in an
Art. 330. Damage and obstruction to means of
uninhabited place and by a band, or with the use of
communication
firearm on a street, road or alley
Art. 331. Destroying or damaging statues, public
Art. 296. Definition of a band and penalty incurred by the
monuments or paintings
members thereof
Art. 297. Attempted and frustrated robbery committed CHAPTER TEN: Exemption from Criminal Liability
under certain circumstances In Crimes Against Property
Art. 298. Execution of deeds by means of violence or Art. 332. Persons exempt from criminal liability
intimidation
Section 2: Robbery by the use of force upon things CHAPTER ONE: ROBBERY IN GENERAL
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship
Art. 300. Robbery in an uninhabited place and by a band
ART. 293 WHO ARE GUILTY OF ROBBERY
Art. 301. What is an inhabited house, public building or
building dedicated to religious worship and their
dependencies ROBBERY
Art. 302. Robbery is an uninhabited place or in a private It is the taking of personal property belonging to another
building with intent to gain, by means of violence against, or
Art. 303. Robbery of cereals, fruits, or firewood in an intimidation of any person or using force upon anything.
uninhabited place or private building
Art. 304. Possession of picklocks or similar tools
Art. 305. False keys CLASSIFICATION OF ROBBERY
CHAPTER TWO: Brigandage
Art. 306. Who are brigands; Penalty (1) Robbery with violence against, or intimidation of
Art. 307. Aiding and abetting a band of brigands persons. (Arts. 294, 297, 298)
CHAPTER THREE: Theft (2) Robbery by use of force upon things. (Arts. 299 & 302)
Art. 308. Who are liable for theft
Art. 309. Penalties
ELEMENTS OF ROBBERY IN GENERAL
Art. 310. Qualified theft
Art. 311. Theft of the property of the National Library and
National Museum a. That there be personal property belonging to
CHAPTER FOUR: Usurpation another;
Art. 312. Occupation of real property or usurpation of b. That there is unlawful taking of that property;
real rights in property c. That the taking must be with intent to gain; and
Art. 313. Altering boundaries or landmarks
d. That there is violence against or intimidation of any
CHAPTER FIVE: Culpable Insolvency
person or force upon things
Art. 314. Fraudulent insolvency
CHAPTER SIX: Swindling and other deceits
Art. 315. Swindling (estafa) “TAKING” Means depriving the offended party of
Art. 316. Other forms of swindling possession of the thing taken with the character of
Art. 317. Swindling a minor permanency. Taking of personal property need not be
Art. 318. Other deceits immediately after the intimidation.
CHAPTER SEVEN: Chattel Mortgage
Art. 319. Removal, sale or pledge of mortgaged property
PROPRERTY MUST BE PERSONAL PROPERTY
CHAPTER EIGHT: Arson and Other Crimes
Involving Destructions
Art. 321. Other forms of arson Property taken must be personal property, for if real
Art. 322. Cases of arson not included in the preceding property is occupied or real right is usurped by means of
articles violence against or intimidation of person, the crime is
Art. 323. Arson of property of small value usurpation. (Art. 312)
Art. 324. Crimes involving destruction
Art. 325. Burning one's own property as means to
Prohibitive articles may be the subject matter of robbery,
commit arson
such as opium.
The person from whom the personal property is taken opportunity to dispose order to be considered
need not be the owner. Possession of the property is the property. consummated.
sufficient. A co-owner or a partner cannot commit robbery
or theft with regard to the co-ownership or partnership
There is NO frustrated There is a frustrated
property.
stage stage
As a general rule, the unlawful taking of personal property

belonging to another involves intent to gain on the part of VIOLENCE
AGAINST OR
USE OF FORCE UPON THINGS
INTIMIDATION
the offender. Absence of intent to gain will make the taking
OF PERSONS
of personal property grave coercion if there is violence Taking of personal Taking is robbery only if the
used. (Art. 286) Exists when it causes the fear or fright of property force is used either to enter the
the victim. belonging to building or to break doors,
another is always wardrobes, chests, or any other
It is not necessary that violence or intimidation is present robbery. kind of locked or sealed furniture
from the beginning. or receptacle inside the building
or to force them open outside
after taking the same from the
The violence of intimidation must be present before the building. (Arts. 299 and 302)
taking of personal property is complete. When the violence Value of personal Value of personal property taken
results in: property taken is is material.
(1) Homicide; immaterial.
(2) Rape; Penalty depends – Inhabited Bldg.:
(3) Intentional mutilation; or
(a) on the result of Penalty is based –
(4) Any of the serious physical injuries penalized in
the violence used; (a) on the value of the property
paragraphs 1 and 2 of Art. 263, and taken; and
(b) on the (b) on whether the offenders
It will be robbery complexed with any of those crimes existence of carry arms.
under Art. 294, even if the taking was already complete intimidation.
when the violence was used by the offender. Uninhabited Bldg.:
Penalty is based only on the
Use of force upon things will not make the taking of value of the property taken.
personal property robbery, if the culprit never entered a
RA 6539 or the Anti-Carnapping Act of 1972 applies when
house or building. But such entrance is not necessary
when the robbery is committed by breaking wardrobes, the property taken in robbery is a motor vehicle. Section 2
defines “carnapping" as the taking, with intent to gain, of a
chests, or any other kind of locked or sealed furniture or
receptacle inside an inhabited house, a public building or motor vehicle belonging to another without the latter's
consent, or by means of violence against or intimidation of
edifice devoted to religious worship, or by taking such
furniture or objects away to be broken or forced open persons, or by using force upon things. On the other hand,
a “motor vehicle" is any vehicle propelled by any power
outside (subdivision (b) of Art. 299) or when the robbery in
an uninhabited building, other than a public building or other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers,
edifice devoted to religious worship, is committed by
breaking any wardrobe, chest, or any sealed or closed sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public
furniture or receptacle, or by removing a closed or sealed
receptacle even if the same be broken open elsewhere. highways, vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used
(pars. 4 and 5 of Art. 302)
exclusively for agricultural purposes. Trailers having any
number of wheels, when propelled or intended to be
WHEN IS UNLAWFUL TAKING COMPLETE
propelled by attachment to a motor vehicle, shall be
ROBBERY WITH ROBBERY WITH FORCE
classified as separate motor vehicle with no power rating.
VIOLENCE AGAINST OR UPON THINGS
INTIMIDATION OF
PERSONS
SECTION 1: ROBBERY WITH VIOLENCE
The unlawful taking is The thing must be taken AGAINST OR INTIMIDATION OF
complete even if the out of the building in PERSONS
culprit has no

ART. 294 ROBBERY WITH VIOLENCE Robbery with homicide exists even if the death of the
victim supervened by mere accident. It is sufficient that a
AGAINST OR INTIMIDATION OF PERSONS
homicide resulted by reason or on the occasion of the
robbery.
This article punishes robbery with homicide, rape,
intentional mutilation, arson, serious physical injuries or
ROBBERY WITH RAPE
with clearly unnecessary violence. These offenses are
known as special complex crimes.
The offender must have the intent to take the personal
property belonging to another with intent to gain, and
On the occasion and by reason mean that homicide or
such intent must precede the rape.
serious physical injuries must be committed in the course
or because of the robbery.
All the robbers may be held liable for robbery with rape
even if not all of them committed the crime of rape based
ACTS PUNISHED UNDER ART. 294
on the concept of conspiracy.
(1) Robbery with homicide

This article also applies even if the victim of the rape
(2) Robbery with rape
committed by the accused was herself a member of the
(3) Robbery with intentional mutilation
gang of robbers.
(4) Robbery with arson
(5) Robbery with serious physical injuries
There is no crime of Robbery with Multiple Homicide or
(6) Simple robbery
Robbery with Multiple Counts of Rape. Although there is
more than one instance of homicide/murder or rape, they
ROBBERY WITH HOMICIDE
shall be considered as embraced under one special
complex crime of either Robbery with Homicide or
ELEMENTS Robbery with Rape.
a. The taking of personal property with violence or Neither shall the additional rape/s or homicide/s be
intimidation against persons; considered aggravating.
b. That the property taken belongs to another;
c. The taking was done with animo lucrandi; and If the primary intent was to rape and the taking away of
d. On the occasion of the robbery or by reason the belongings of the victim was only a mere afterthought,
thereof, homicide was committed. (People vs. two separate felonies are committed: Rape and Theft or
Baccay) Robbery (People v. Naag)
“Homicide” is used in its generic sense; it incudes ROBBERY WITH INTENTIONAL MUTILATION
parricide and murder. Hence, there is no Robbery with
Murder as the crime is still Robbery with Homicide. Robbery and intentional mutilation must both be
consummated to be classified as robbery with intentional
Homicide may precede robbery or may occur after mutilation. There must be intent to mutilate, for if
robbery. What is essential is that the offender must have mutilation merely resulted as a consequence of the injury
intent to take personal property before the killing. inflicted, the crime would be robbery with serious physical
injuries.
The original criminal design of the offender must be to rob,
and the killing was perpetrated with a view to the ROBBERY WITH ARSON
consummation of Robbery. Where the offender’s intention
to take personal property of the victim arises as an In the case of robbery with arson, it is essential that the
afterthought, where his original intent was to kill, he is robbery precedes the arson. There must be intent to
guilty of two separate crimes of homicide or murder, as the commit robbery and no killing, rape or intentional
case may be, and theft. mutilation should be committed in the course of the
robbery, or else, arson will only be considered an
There is robbery with homicide even if the person killed aggravating circumstance of the crime actually
was a bystander and not the person robbed or even if it committed.
was one of the offenders. The law does not require the
victim of the robbery be also the victim of homicide.

ROBBERY WITH SERIOUS PHYSICAL INJURIES periods of the proper penalties prescribed in 294.
To be considered as Robbery with Physical injuries, the Art. 295 speaks of aggravating circumstances applicable
injuries inflicted must be serious, otherwise, they shall be when physical injuries mentioned in paragraphs 2, 3, and 4
absorbed in the robbery. The person injured becomes were inflicted by reason or on occasion of robbery or
deformed or loses any other member of his body or loses where only intimidation was used in the commission of
the use thereof or becomes ill or incapacitated for the Robbery. As special aggravating circumstances they must
performance of the work in which he is habitually engaged be alleged in the information otherwise, even if proven,
for labor for more than 90 days or the person injured they can be offset by an ordinary mitigating circumstances
becomes ill or incapacitated for labor for more than 30 having been reduced into the class of generic aggravating
days. circumstances.
However, if the less serious or slight physical injuries were Conspiracy is presumed when robbery is by band.
committed, that would constitute a separate offense.
ART. 296 DEFINITION OF A BAND AND
When by reason or on occasion of robbery the physical
PENALTY INCURRED BY THE MEMBERS
injuries results to insanity, imbecility, impotency, or
blindness. THEREOF
When by reason or on occasion of robbery, any of the ROBBERY BY A BAND, WHEN COMMITTED
physical injuries resulting in the loss of the use of speech,
or the power to hear or to smell. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
SIMPLE ROBBERY band. Even though only two of the malefactors were
Involves slight or less serious physical injuries, which are armed, it is deemed to be committed by a band.
absorbed in the crime of robbery as an element thereof.
PENALTY
Violence or intimidation may enter at any time before the
owner is finally deprived of his property. This is so because When any of the firearms used in the commission of
asportation is a complex fact, a whole divisible into parts, robbery is not licensed, the penalty upon all the
a series of acts, in the course of which personal violence or malefactors shall be the maximum of the corresponding
intimidation may be injected. penalty provided by law without prejudice to the criminal
liability for illegal possession of such firearms.
ART. 295 ROBBERY WITH PHYSICAL
REQUISITES FOR LIABILITY OF ACTS OF
INJURIES, COMMITTED IN AN
OTHER MEMBERS
UNINHABITED PLACE AND BY A BAND,
OR WITH THE USE OF FIREARM ON A a. Member of the band;
STREET, ROAD, OR ALLEY b. Present at the commission of robbery;
c. Other members committed an assault; and
Robbery with violence against or intimidation of persons d. He did not attempt to prevent the assault.
under Par. 3, 4, 5 (serious physical injuries, clearly
unnecessary violence, OR simple robbery) of Article 294 If the mentioned requisites are present, the member(s)
is Qualified if committed - shall be punished as principal of any of the assaults
committed by the band.
(1) In an uninhabited place; or
(2) By a band; or
There is no crime as “robbery with homicide in band”. Band
(3) By attacking a moving train, street car, motor
is only ordinary aggravating circumstance in robbery with
vehicle, or airship; or
homicide.
(4) By entering the passengers’ compartments in a
train, or in any manner taking the passengers by
surprise in the respective conveyances; or
(5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms, the
offender shall be punished by the maximum

ART. 297 ATTEMPTED AND FRUSTRATED

ROBBERY COMMITTED UNDER CERTAIN ART. 299 ROBBERY IN AN INHABITED
CIRCUMSTANCES HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP
ELEMENTS
I. ROBBERY WITH FORCE UPON THINGS UNDER
(1) There is attempted or frustrated robbery SUBDIVISION A
(2) A homicide is committed on the same occasion.
Elements
SPECIAL COMPLEX CRIME a. The offender entered –
When robbery is attempted or frustrated but homicide is i. An inhabited house;
attendant. The penalty is the same whether robbery is ii. A public building or
attempted or frustrated. iii. An edifice devoted to religious worship
b. The entrance was effected by any of the
The word “homicide” is used in its generic sense. It thus following means:
includes multiple homicides, murder, parricide, or even i. Through an opening not intended for
infanticide. entrance or egress;
ii. By breaking any wall, roof, floor, door or
ART. 298 EXECUTION OF DEEDS BY window;
MEANS OF VIOLENCE OR INTIMIDATION iii. By using false keys, picklocks or similar
tools; or
ELEMENTS iv. By using any fictitious name or pretending
the exercise of public authority.
c. That once inside the building, the offender took
a. That the offender has intent to defraud another;
personal property belonging to another with
b. That the offender compels him to sign, execute, or
intent to gain.
deliver any public instrument or document; and
c. That the compulsion is by means of violence or
intimidation NOTE:
• The whole body of the culprit must be inside
This is Robbery by the employment of violence or the building to constitute entering.
intimidation and the purpose is not to take personal • Any of the four means described in subdivision
property but to compel a person to sign a document. It A must be resorted to enter a house or building,
could be public instrument or private document since the not to get out otherwise it is only theft.
Spanish text says “escritura publico o documento” the • Uninhabited house means any shelter, ship or
word public describing only the word instrument. (See vessel constituting the dwelling of one or more
Reyes, RPC) There must be intent to defraud another by persons even though the inhabitants thereof
means or through the contents of the document so that are temporarily absent when the robbery was
the instrument or document must not be a void document. committed.
Art. 298 applies to private or commercial document, but it II. ROBBERY WITH FORCE UPON THINGS UNDER
shall not apply of the document is void. SUBDIVISION B
When the offended party is under the obligation to sign,

Elements
execute or deliver the document under the law, the crime
a. Offender is inside a dwelling house, public
committed is grave coercion.
building or edifice devoted to religious worship,
regardless of the circumstances under which he
SECTION 2: ROBBERY BY THE USE OF entered;
FORCE UPON THINGS b. The offender takes personal property belonging
to another with intent to gain under any of the
following circumstances:
i. By the breaking of doors, wardrobes,
chests or any other kind of sealed furniture
or receptacle;
ii. By taking such furniture or objects away to “DEPENDANCIES OF AN INHABITED HOUSE, PUBLIC
be broken or forced open outside the place BUILDING OR BUILDING DEDICATED TO RELIGIOUS
of the robbery; WORSHIP” All interior courts, corrals, warehouses,
iii. If the locked or sealed receptacle is not granaries, barns, coach-houses, stables, or other
forced open, crime is estafa or theft. departments, or enclosed places –
a. contiguous to the building or edifice,
RA 10951 amended ART. 299 b. having an interior entrance connected therewith
Any armed person who shall commit robbery in an and
inhabited house or public building or edifice devoted to c. which form part of the whole, shall be deemed
religious worship, shall be punished by reclusion temporal, dependencies of an inhabited house, public
if the value of the property taken shall exceed ₱50,000 and building, or building dedicated to religious
if any of the means of entry abovementioned is/are worship.
present. On the other hand, when the offenders do not
carry arms, and the value of the property taken exceeds Orchards and other lands used for cultivation or
₱50,000, the penalty next lower in degree shall be production are not included in the terms of the next
imposed. The same rule shall be applied when the preceding paragraph, even if closed, contiguous to the
offenders are armed, but the value of the property taken building, and having direct connection therewith.
does not exceed ₱50,000.
"PUBLIC BUILDING" includes every building owned by the
When the offenders do not carry arms and the value of the Government or belonging to a private person but used or
property taken does not exceed ₱50,000, they shall suffer rented by the Government, although temporarily
the penalty prescribed in the abovementioned paragraph, unoccupied by the same.
in its minimum period.
ART. 302 ROBBERY IN AN UNINHABITED
If the robbery be committed in one of the dependencies of
an inhabited house, public building, or building dedicated
PLACE OR IN A PRIVATE BUILDING
to religious worship, the penalties next lower in degree
than those prescribed in this article shall be imposed ELEMENTS
a. Offender entered an uninhabited place or building

ART. 300 ROBBERY IN AN UNINHABITED
which was not a dwelling house, not a public
PLACE AND BY A BAND building, or not an edifice devoted to religious
worship;
If committed in an uninhabited place and by a band is b. That any of the following circumstances was present:
punished by the maximum period of the penalty involved, i. Entrance was effected through an opening
as distinguished from Qualified Robbery with Violence or not intended for entrance or egress;
Intimidation of Persons (Article 295) which is committed in ii. A wall, roof, floor, or outside door or window
an uninhabited place or by a band. was broken;
“UNINHABITED PLACE” One where there are no houses iii. Entrance was effected through the use of
at all, a place at a considerable distance from the town, or false keys, picklocks or other similar tools;
where the houses are scattered at a great distance from iv. A door, wardrobe, chest, or any sealed or
each other. closed furniture or receptacle was broken; or
v. A closed or sealed receptacle was removed,
ART. 301 WHAT IS AN INHABITED HOUSE, even if the same be broken open elsewhere.
PUBLIC BUILDING, OR BUILDING c. With intent to gain, the offender took therefrom
personal property belonging to another.
DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES “BUILDING” Includes any kind of structure used for
storage or safekeeping of personal property, such as (a)
“INHABITED HOUSE” Any shelter, ship or vessel freight car and (b) warehouse.
constituting the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily be absent “RECEPTACLE” A container which must be “closed” or
therefrom when the robbery is commited. “sealed.”

RA 10951 amended ART. 302 personal property owned by his master, he is guilty of theft
If the value of the property taken exceeds ₱50,000, the and not robbery. (U.S. vs. Gernale, 23 Phil 474)
penalty now imposed is prisión correccional in its medium
and maximum. When the value of the property taken does CHAPTER TWO: BRIGANDAGE
not such amount, the penalty next lower in degree shall be
imposed. In the cases specified in Articles 294, 295, 297,
299, 300, and 302 of this Code, when the property taken is ART. 306 BRIGRANDS – PENALTY
mail matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in said ELEMENTS
articles.
a. There be at least four armed persons;
ART. 303 ROBBERY OF CEREALS, FRUITS, b. They formed a band of robbers;
c. The purpose is any of the following:
OR FIREWOOD IN AN UNINHABITED
i. To commit robbery in a highway; or
PLACE OR BUILDING ii. To kidnap persons for the purpose of
extortion or to obtain ransom; or
In the cases enumerated in Articles 299 and 302, when the iii. To attain by means of force or violence any
robbery consists in the taking of cereals, fruits, or other purpose
firewood, the culprit shall suffer the penalty next lower in
degree than that prescribed in said articles. Purpose: Mere formation is punished as the main object of
the law is to prevent the formation of band of robbers.
CEREALS
Seedlings which are the immediate product of the soil. The BRIGANDAGE VS ROBBERY BY A BAND
palay must be kept by the owner as “seedling” or taken for
that purpose by the robbers. BRIGANDAGE ROBBERY BY A
(ART. 306) BAND (ART. 296)
ART. 304 POSSESSION OF PUCKLOCKS Purpose (1) Commit Commit robbery
OR SIMILAR TOOLS robbery in a and not
highway; necessarily in a
ELEMENTS (2) Kidnap to highway
extort or get
a. That the offender has in his possession picklocks ransom;
or similar tools; (3) Any other
b. That such picklocks or similar tools are specially purpose to be
adopted to the commission of robbery; achieved by
c. That the offender does not have lawful cause for means of force
such possession. or violence
Proof Mere formation of a It is necessary to
NOTE: Mere possession of such tools, without lawful band is sufficient. prove that the
cause, is punished. If the person who makes such tools is a band actually
locksmith, the penalty is higher. committed the
robbery.
ART. 305 FALSE KEYS
ART. 307 AIDING AND ABETTING A
INCLUSIONS BAND OF BRIGANDS
(1) Tools not mentioned in the next preceding article; ELEMENTS

(2) Genuine keys stolen from the owner;
(3) Any keys other than those intended by the owner for a. There is a band of brigands
use in the lock forcibly opened by the offender. b. Offender knows the band to be of brigands
c. Offender does any of the following acts:
When the servant opens his master’s room using a key i. He is any manner aids, abets or protects such
voluntarily delivered to him by the master and takes away band of brigands; or

ii. He gives them information of the movements b. It was a lost property belonging to another; and
of the police or other peace officers; or c. That the accused having had the opportunity
iii. He acquires or receives the property taken to return or deliver the lost property to its
by such brigands. owner or to the local authorities, refrained
from doing so.
WHO ARE CONSIDERED ACCOMPLICES (3) Any person who, after having maliciously damaged
the property of another, shall remove or make use of
Presidential Decree No. 532 or the Anti-Piracy and Anti- the fruits or objects of the damage caused by him; and
Highway Robbery Law of 1974 provides that any person (4) Any person who shall enter an enclosed estate or a
who knowingly and in any manner aids or abets the field where trespass is forbidden, or which belongs to
commission of highway robbery or brigandage such as - another and without the consent of its owner, shall
(1) Giving information about the movement of hunt or fish upon the same or shall gather fruits,
police or other peace officers of the government; cereals, or other forest or farm products.
(2) Acquires or receives property taken from such
brigands; Elements:
(3) In any manner derives any benefit therefrom; a. That there is an enclosed estate or a field, where
(4) Directly or indirectly abets the commission of trespass is forbidden, or which belongs to
highway robbery another;
Shall be considered as an accomplice of the principal b. Offender enters the same;
offenders and be punished in accordance with the Rules c. Offender hunts or fishes upon the same or
prescribed by the Revised Penal Code. gather fruits, cereals or other forest or farm
products in the estate or field; and
It shall be presumed that the person performing any of the d. That the hunting or fishing or gathering of
acts provided in this article has performed them products is without the consent of the owner.
knowingly, unless the contrary is proven.
“LOST PROPERTY” Embraces loss by stealing or by act of
the owner or by a person other than the owner, or through
CHAPTER THREE: THEFT some casual occurrence.
ART. 308 WHO ARE LIABLE FOR THEFT To establish theft by failure to deliver or return lost
property, the following must be proven:
ELEMENTS (1) Time of the seizure of the thing;
(2) It was a lost property belonging to another; and
(3) That the accused having had the opportunity to
a. That there be taking of personal property;
return or deliver the lost property to its owner or
b. That said property belongs to another;
to the local authorities, refrained from doing so.
c. That the taking be done with intent to gain;
d. That the taking be done without the consent of the NOTE:
owner; • No frustrated theft. The mere possession of the
e. That the taking be accomplished without the use of thing, or even afterwards the offender decided to
violence against or intimidation of persons or force return it, it is already consummated.
upon things. • The law does not require knowledge of the owner
of the property
PERSONS LIABLE INTENT TO GAIN
(1) Those who, with intent to gain, without violence Intent being a state of mind, intent to gain must be
against or intimidation of persons nor force upon presumed from the actual taking of personal property.
things, take personal property, of another without the
latter’s consent; THEFT AND ROBBERY, DISTINGUISHED
(2) Any person who, having found lost property, shall fail
to deliver the same to the local authorities or to its What distinguishes THEFT from ROBBERY is that, in theft,
owner; the offender does not use violence or does not enter a
house or building through any of the means specified in
The following must be proven: Article 299 or Article 302 in taking personal property of
a. Time of the seizure of the thing; another with intent to gain.

(4) Arresto mayor in its medium period to prisión

THEFT AND ESTAFA, DISTINGUISHED correccional in its minimum period, if the value of
the property stolen is over ₱5,000 but does not
If possession was only material or physical, the crime is exceed ₱20,000.
theft. If possession was juridical, the crime is estafa. (5) Arresto mayor to its full extent, if such value is over
₱500 but does not exceed ₱5,000.
CORPUS DELICTI (6) Arresto mayor in its minimum and medium periods,
if such value does not exceed ₱500.
To be caught in the possession of the stolen property is not (7) Arresto menor or a fine not exceeding ₱20,000, if the
an element of the corpus delicti. Corpus delicti means the theft is committed under the circumstances
body or substance of the crime, an in its primary sense, enumerated in paragraph 3 of the next preceding
refers to the fact that the crime has been actually article and the value of the thing stolen does not
committed. exceed ₱500. If such value exceeds said amount, the
provisions of any of the five preceding subdivisions
In theft, corpus delicti has two elements: shall be made applicable.
(1) that the property was lost by the owner, and (8) Arresto menor in its minimum period or a fine of not
(2) that it was lost by felonious taking exceeding ₱5,000, when the value of the thing stolen
is not over ₱500, and the offender shall have acted
under the impulse of hunger, poverty, or the
ART. 309 PENALTIES
difficulty of earning a livelihood for the support of
himself or his family.
The basis of the penalty in theft is
(1) The value of the thing stolen;
(2) The value and nature of the property taken; or
ART. 310 QUALIFIED THEFT
(3) The circumstances that impelled the culprit to
commit the crime INSTANCES OF QUALIFIED THEFT
If there is no evidence of the value of the property stolen, (1) If theft is committed by a domestic servant;
the court should impose the minimum penalty (2) If committed with grave abuse of confidence;
corresponding to theft involving the value of P5.00. The (3) If the property stolen is a motor vehicle, mail matter,
court may also take judicial notice of its value in the proper or large cattle;
cases. (4) If the property stolen consists of coconuts taken from
the premises of plantation;
RA 10951 AMENDED ART. 309 (5) If the property stolen is fish taken from a fishpond or
fishery;
(1) The penalty of prisión mayor in its minimum and (6) If property is taken on the occasion of fire,
medium periods, if the value of the thing stolen is earthquake, typhoon, volcanic eruption, or any other
more than ₱1,200,000 but does not exceed calamity, vehicular accident or civil disturbance.
₱2,200,000; if the value of the thing stolen exceeds
the latter amount, the penalty shall be prisión mayor If any of the mentioned instances are present, the crime of
in its maximum period, and 1 year for each additional theft shall be punished by the penalties next higher by two
₱1,000,000, but the total of the penalty which may be degrees than those specified in the next preceding article.
imposed shall not exceed 20 years. In such cases, and
in connection with the accessory penalties which The abuse of confidence must be grave. There must be
may be imposed and for the purpose of the other allegation in the information and proof of a relation, by
provisions of the Code, the penalty shall be termed reason of dependence, guardianship or vigilance, between
prisión mayor or reclusion temporal, as the case may the accused and the offended party that has created a high
be. degree of confidence between them, which the accused
(2) The penalty of prisión correccional in its medium abused.
and maximum periods, if the value of the thing stolen
is more ₱600,000 but does not exceed ₱1,200,000. Theft by domestic servant is always qualified. There is no
(3) The penalty of prisión correccional in its minimum need to prove grave abuse of confidence.
and medium periods, if the value of the property
stolen is more than ₱20,000 but does not exceed
₱600,000.

ART. 311 THEFT OF THE PROPERTY OF another by means of violence against or intimidation
of persons
THE NATIONAL LIBRARY AND
(2) Usurping any real rights in property belonging to
NATIONAL MUSEUM another by means of violence against or intimidation
of persons
Theft of property of the National Museum and National ELEMENTS
Library shall be punished by a penalty of arresto mayor or
a fine ranging from ₱40,000 to ₱100,000, or both, unless a a. That the offender takes possession of any real
higher penalty should be provided under other provisions property or usurps any real right in property;
of the Code. b. That the real property or real rights belong to
another;
Anti-Cattle Rustling Law of 1974 (PD 533 ) c. That violence against or intimidation of persons is
“Cattle Rustling” used by the offender in occupying real property or
The taking away by any means, method or scheme, usurping real property or usurping real rights in
without the consent of the owner/raiser, of any of the property;
animals (classified as large cattle) whether for profit or d. That there is intent to gain.
gain, or whether committed with or without violence
against or intimidation of any person or force upon If no violence or intimidation, only civil liability exists.
things. It includes the killing of large cattle, or taking its Violence or intimidation must be the means used in
meat without the consent of the owner/raiser. occupying real property or in usurping real rights.
Anti-Fencing Law (PD 1612) Criminal action for usurpation of real property is not a bar
“Fencing” to civil action for forcible entry.
The act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep, RA 10951 amended ART. 312
acquire, conceal, sell, or dispose of, or shall buy and sell, Any person found guilty thereof shall be punished by a fine
or in any other manner deal any article, item, object or from 50 to 100 per centum of the gain which he shall have
anything of value which he knows, or should be known obtained, but not less than ₱15,000. If the value of the gain
to him, to have been derived from the proceeds of the cannot be ascertained, a fine from ₱40,000 to ₱100,000
crime of robbery or theft. shall be imposed.
Robbery, theft and fencing are separate and distinct ART. 313 ALTERING BOUNDARIES OR
offenses.
LANDMARKS
Presumption of Fencing
ELEMENTS
Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery
a. That there be boundaries marks or monuments of
or thievery shall be prima facie evidence of fencing.
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same;
Any person who fails to secure the required
b. That the offender alters said boundaries marks
clearance/permit shall also be punished as a fence.
“Alter” may include:

(1) destruction of stone monument;
CHAPTER FOUR: USURPATION (2) taking it to another place; or
(3) removing a fence
ART. 312 OCCUPATION OF REAL
This does not require intent to gain.
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY RA 10951 amended ART. 313
The offender shall be punished by arresto menor or a fine
ACTS PUNISHABLE not exceeding ₱20,000, or both.
(1) Taking possession of any real property belonging to

CHAPTER FIVE: CULPABLE INSOLVENCY such money or property by the offender, or

denial on his part of such receipt;
c. That such misappropriation or conversion or
ART. 314 FRAUDULENT INSOLVENCY denial is to the prejudice of another;
d. That there is demand made by the offended party
ELEMENTS to the offender.
a. That the offender is a debtor; NOTE: Money, goods, or other personal property must
b. That he absconds with his property; be received by the offender under certain kinds of
c. That there be prejudice to his creditors. transaction transferring juridical possession to him.
Actual prejudice, not intention alone, is required. Check is included in the word money.
Abscond does not require that the debtor should depart JURIDICAL POSSESSION
and physically conceal his property.
A possession which gives the transferee a right over the
CHAPTER SIX: SWINDLING AND OTHER thing which he may invoke even as against the owner.
When the delivery of a chattel does not transfer juridical
DECEITS
possession/title, it is presumed that the possession/title
of the thing remained with the owner.
ART. 315. SWINDLING (ESTAFA)
The phrase “or under any obligation involving the duty to
ELEMENTS IN GENERAL make delivery of, or to return the same” includes quasi-
contracts and certain contracts of bailment. The obligation
a. That the accused defrauded another by abuse of to return the thing must be contractual but without
confidence, or by means of deceit; transferring to the accused the ownership of the thing.
b. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or ESTAFA WITH ABUSE THEFT (ART. 308)
third persons OF CONFIDENCE (ART.
315, NO. 1(B))
I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF There must be juridical Only physical/material
CONFIDENCE possession of a thing possession of a thing
misappropriated misappropriated
Elements of Art. 315, No. 1 A Offender receives the Offender takes the thing
(A) ALTERING SUBSTANCE, QUANTITY OR QUALITY thing from the victim from the victim
OF OBJECT SUBJECT OF OBLIGATION TO DELIVER
a. That the offender has an onerous obligation to ESTAFA WITH ABUSE MALVERSATION (ART.
deliver something of value; OF CONFIDENCE (ART. 217)
b. That he alters its substance, quantity or quality; 315, NO. 1(B))
c. That damage or prejudice is caused to another. Funds or property Funds or property
NOTE: Deceit is not an essential element of estafa with involved are private involved are usually public
abuse of confidence. Offender is a private Offender is a public officer
individual or public who has custody or
Estafa may even arise even if the thing delivered is not officer not accountable control of the public funds
subject of lawful commerce, such as opium. for public funds or or property by reason of
property his office for which he was
Elements of 315, No. 1 B
accountable
(B) MISAPPROPRIATION AND CONVERSION
Committed by Committed by taking,
a. That money, goods, or other personal property
misappropriating, misappropriating,
be received by the offender in trust, or on
converting, or denying consenting or thru
commission, or for administration, or under any
having received money abandonment or
other obligation involving the duty to make
or other personal negligence, permitting
delivery of, or to return, the same;
property
b. That there be misappropriation or conversion of
other persons to take the The false statement or fraudulent representation of

public funds or property the accused must be made prior to, or, at least
simultaneously with the representation or the delivery
of the thing by the complainant.
HOW TO COMMIT 315, NO. 2 (B):

3 WAYS OF COMMITTING ESTAFA WITH ABUSE OF By altering the quality, fineness or weight of anything
CONFIDENCE UNDER ART. 315 NO. 1 PAR. B pertaining to his business.
(1) Misappropriating the thing received.
(2) Converting the thing received. HOW TO COMMIT 315, NO. 2 (C):
(3) Denying that the thing was received. By pretending to have bribed any Government employee.
There is no estafa through negligence. Person would ask money from another for the alleged
purpose of bribing a government employee but just
Element of 315, No. 1 C pocketed the money.
(C) Taking advantage of signature in blank
a. That the paper with the signature of the ELEMENTS OF 315, NO. 2 (D): POSTDATING A CHECK OR
offended party be in blank; ISSUING A BOUNCING CHECK
b. That the offended party should have delivered it (1) That the offender postdated a check, or issued a
to the offender; check in payment of an obligation;
c. That above the signature of the offended party a (2) That such postdating or issuing a check was
document is written by the offender without done when the offender had no funds in the
authority to do so; bank, or his funds deposited therein were not
d. That the document so written creates a liability sufficient to cover the amount of the check.
of, or causes damage to the offended party or any
third person. Check must be genuine and not falsified.
II. ESTAFA BY MEANS OF DECEIT The check must be postdated or for an obligation
contracted at the time of the issuance and delivery of the
check and not for a pre-existing obligation.
ELEMENTS OF 315, NO. 2
a. That there must be false pretense, fraudulent act
Exceptions:
or fraudulent means;
(1) When postdated checks are issued and intended
b. That such false pretense, fraudulent act or
by the parties only as promissory notes; or
fraudulent means must be made or executed
(2) When the check is issued by a guarantor
prior to or simultaneously with the commission
of fraud;
c. That the offended party must have relied on the Republic Act No. 4885 (RA 4885) which amended par. D,
false pretense, fraudulent act, or fraudulent Section 2 of Article 315, provided that the failure of the
means, that is, he was induced to part with his drawer to deposit the amount needed to cover his check
money or property because of it; within 3 days from receipt of notice from the bank and/or
d. That as a result thereof, the offended party the payee or holder that said check has been dishonored
suffered damage. for lack or insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
The acts must be fraudulent. Acts must be founded on fraudulent act.
deceit, trick, or cheat, and such must be made prior to
or simultaneously with the commission of the fraud. BOUNCING CHECKS LAW (BP 22)
ELEMENTS OF 315, NO. 2 (A): USING OF FICTITIOUS TWO OFFENSES PUNISHED:
NAME OR FALSE PRETENSES (1) Making or drawing and issuing a check knowing at the
a. By using a fictitious name; time of issue that he does not have sufficient funds.
b. By falsely pretending to possess power, ELEMENTS
influence, qualifications, property, credit, A. That a person draws a check;
agency, business or imaginary transactions; B. That the check is made or drawn and issued to
c. By means of other similar deceits. apply on account or for value;
C. That the person knows that at the time of issue
he does not have sufficient funds in or credit make arrangements for

with the drawee bank for the payment of such payments.
check upon its presentment; That there are no funds or
That there are no
D. That the check is subsequently dishonored by no sufficient funds at the
funds or there are
the drawee bank for the insufficiency of funds or time of issuance or at the
insufficient funds at
would have been dishonored for the same reason time of presentment if made
the time of issuance.
had not the drawer, without any valid reason within 90 days.
ordered the bank to stop payment.
Double jeopardy does not apply because estafa in RPC is a
(2) Failing to keep sufficient funds to cover check if distinct crime from B.P. 22. Deceit and damage are
presented within a period of 90 days from the date essential elements of RPC, which are not required in BP 22.
appearing thereon.
ELEMENTS: HOW TO COMMIT 315, NO. 2 (E):
A. That a person has sufficient funds with the (1) By obtaining food, refreshment or accommodation at
drawee bank when he makes or issues a check; any establishment without paying therefor, with
B. That he fails to keep sufficient funds or to intent to defraud the proprietor or manager thereof;
maintain a credit to cover the full amount if (2) By obtaining credit at any establishments by the use
presented within a period of 90 days from the of any false pretense;
date appearing thereon; (3) By abandoning or surreptitiously removing any part
C. That the check is dishonored. of his baggage from any establishment after obtaining
credit, food, refreshment or accommodation therein,
Prosecution under BP 22 shall be without prejudice to any without paying.
liability for any violation in the RPC.
III. ESTAFA BY FRAUDULENT MEANS
The fine under BP 22 is based on the amount of the check
and is without regard to the amount of damaged caused. Elements of 315, No. 3 (A): Inducing another through
deceit to sign any document
BP 22 AND ESTAFA (ART 315, NO. 2(D)) DISTINGUISHED (1) That the offender induced the offended party to
BP 22 RPC (Estafa) sign a document;
Endorsers who acted with (2) The deceit be employed to make him sign the
Endorsers are not deceit knowing that the document;
liable. check is worthless will be (3) That the offended party personally signed the
criminally liable. document;
Malum prohibitum. Malum in se. (4) That prejudice be caused.
It is the means to obtain the
Issuance of check is for valuable consideration from How to commit 315, No. 3 (B):
value or on account. the payee (debt is not pre- By resorting to some fraudulent practice to insure success
existing). in a gambling game.
A crime against public
interest because it Elements of 315, No. 3 (C): removing, concealing or
A crime against property.
affects the entire destroying any court record, office files, document or any
banking system. other papers
False pretenses or deceit (1) That there be court record, office files,
Deceit and damage are and damage or at least documents or any other papers;
not elements of the intent to cause damage are (2) That the offender removed, concealed or
crime; the gravamen of essential and the false destroyed any of it;
the offense is the pretenses must be prior to (3) That the offender had intent to defraud another.
issuance of the check. or simultaneous with the
damage caused.
The drawer is given 5 If there is no malicious intent to defraud, the destruction
days after receiving Given 3 days after receiving of court record is malicious mischief.
notice of dishonor notice of dishonor.
within which to pay or If there is neither deceit nor abuse of confidence, it is not
estafa, even if there is damage. There is only civil liability.

not exceed ₱1,200,000.

Estafa (Art. 315, no .3(C)) and Removal, concealment or (5) By prisión mayor in its minimum period, if such
destruction of documents (Art. 226), distinguished amount does not exceed ₱40,000.
Estafa Infidelity in Custody of ART. 316. OTHER FORMS OF SWINDLING

(Art 315, no.3 C) Document (Art 226)
The offender is a private The offender is a public PERSONS LIABLE
individual who is not officer who is officially
officially entrusted with entrusted with the (1) Any person who, pretending to be the owner of any
the documents. document. real property, shall convey, sell, encumber or
mortgage the same;
RA 10951 amended ART. 315 (2) Any person who, knowing that real property is
(1) The penalty of prisión correccional in its encumbered, shall dispose of the same, although such
maximum period to prisión mayor in its encumbrance be not recorded;
minimum period, if the amount of the fraud is (3) The owner of any personal property who shall
over ₱2,400,000 but does not exceed wrongfully take it from its lawful possessor, to the
₱4,400,000, and if such amount exceeds the prejudice of the latter or any third person;
latter sum, the penalty of prisión correccional in (4) Any person who, to the prejudice of another, shall
its maximum period, adding one year for each execute any fictitious contract;
additional ₱2,000,000; but the total penalty (5) Any person who shall accept any compensation given
which may be imposed shall not exceed 20 years. under the belief that it was in payment of services
In such cases, and in connection with the rendered or labor performed by him, when in fact he
accessory penalties which may be imposed and did not actually perfrom such services or labor;
for the purpose of the other provisions of the (6) Any person who, while being a surety in a bond given
Code, the penalty shall be termed prisión mayor in criminal or civil action, without express authority
or reclusion temporal, as the case may be. from the court or before the cancellation of his bond
(2) The penalty of prisión correccional in ßits or before being relieved from the obligation
minimum and medium periods, if the amount of contracted by him, shall sell, mortgage, or, in any
the fraud is over ₱1,200,000 but does not exceed other manner, encumber the real property or
₱2,400,000. properties with which he guaranteed the fulfillment
(3) The penalty of arresto mayor in its maximum of such obligation.
period to prisión correccional in its minimum
period, if such amount is over ₱40,000 but does ART. 317. SWINDLING A MINOR
not exceed ₱1,200,000.
(4) By arresto mayor in its medium and maximum ELEMENTS
periods, if such amount does not exceed
₱40,000. a. That the offender takes advantage of the
inexperience or emotions or feelings of a minor;
In cases of false pretenses or fraudulent acts as defined in b. That he induces such minor to assume an
No. 2(D), the following penalty shall be followed: obligation, or to give release, or to execute a
(1) The penalty of reclusion temporal in its transfer of any property right;
maximum period, if the amount of fraud is over c. That the consideration is some loan of money,
₱4,400,000 but does not exceed ₱8,800,000. If credit, or other personal property;
the amount exceeds the latter, the penalty shall d. That the transaction is to the detriment of such
be reclusion perpetua. minor.
(2) The penalty of reclusion temporal in its
minimum and medium periods, if the amount of NOTE: Actual proof of deceit or misrepresentation is not
the fraud is over ₱2,400,000 but does not exceed essential, it is sufficient that the offender takes advantage
₱4,400,000. of the inexperience or emotions of the minor.
(3) The penalty of prisión mayor in its maximum
period, if the amount of the fraud is over
₱1,200,000 but does not exceed ₱2,400,000. Real property is not included because it is not included in
(4) The penalty of prisión mayor in its medium the enumeration and a minor cannot convey real property
period, if such amount is over ₱40,000 but does without judicial authority.

* ARTICLES 320 TO 326-B ARE REPEALED BY PD NO. 1613

ART. 318. OTHER DECEITS (AMENDING THE LAW ON ARSON)
HOW COMMITTED ARSON

When any person burns or sets fire to the property of
(1) By defrauding or damaging another by any other another; or to his own property under circumstances
deceit not mentioned in the preceding articles; which expose to danger the life or property of another.
(2) By interpreting dreams, by making forecasts, by
telling fortunes, by taking advantage of the credulity KINDS OF ARSON
of the public in any other similar manner, for profit or
gain. (1) Simple Arson (Sec. 1, PD No. 1613)
(2) Destructive Arson (Art. 320, as amended by RA No.
R.A. No. 10951 AMENDED ART. 318 7659)
It was provided that the penalty imposed upon a person (3) Other cases of arson (Sec. 3, PD No. 1613)
who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity DESTRUCTIVE ARSON
of the public shall be the penalty of arresto mayor or a fine
not exceeding P40,000.00. (1) Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored;
CHAPTER SEVEN: CHATTEL MORTGAGE (2) Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social
ART. 319. REMOVAL, SALE OR PLEDGE OF services;
(3) Any train, airplane or any aircraft, vessel or
MORTGAGED PROPERTY
watercraft, or conveyance for transportation of
persons or property;
ELEMENTS PAR 1
(4) Any church or place of worship or other building
a. Personal property mortgaged under Chattel
where people usually assemble;
Mortgage Law;
(5) Any building where evidence is kept for use in any
b. Offender knows such mortgage;
legislative, judicial, administrative or other official
c. He removes personal property to any province
proceeding;
or city other than the one in which it was located
(6) Any hospital, hotel, dormitory, lodging house, housing
at the time of the execution of the mortgage;
tenement, shopping center, public or private market,
d. Removal is permanent;
theater or movie house or any similar place or
e. No written consent of mortgagee, executers,
building;
administrators or assigns to such removal.
(7) Any building, whether used as dwelling or not,
situated in a populated or congested area.
PURPOSE: To protect the mortgagee who should have
access to, and easy reach of the property mortgaged.
OTHER CASES OF ARSON
ELEMENTS PAR 2:
(1) Any building used as offices of the Government or any
a. Personal property pledged under Chattel
of its agencies;
Mortgage Law;
(2) Any inhabited house or dwelling;
b. Offender, who is the mortgagor, sells or pledges
(3) Any industrial establishment, shipyard, oil well or
the same property or any part thereof;
mine shaft, platform or tunnel;
c. No consent of mortgagee written at the back of
(4) Any plantation, farm, pasture land, growing crop or
mortgage and noted on the record thereof in the
grain field, orchard, bamboo grove or forest;
Office of the Register of Deeds;
(5) Any rice mill, sugar mill, or mill central;
d. Damage to the mortgagee not essential
(6) Any railway or bus station, airport, wharf, or
warehouse.
CHAPTER EIGHT: ARSON AND OTHER SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON
CRIMES INVOLVING DESTRUCTIONS
(1) If committed with intent to gain;
(2) If committed for the benefit of another;

(3) If the offender be motivated by spite or hatred

towards the owner or occupant of the property If malice is not present, the obligation to repair or to pay is
burned; only civil.
(4) If committed by a syndicate.
ART. 328. SPECIAL CASES OF
• The offense is committed by a syndicate if it is
MALICIOUS MISCHIEF
planned or carried out by a group of three or more
persons.
HOW COMMITTED
• If a part of a building is burning, the crime is already
consummated arson, without regard to the extent of
(1) Causing damage to or obstructing the performance of
the fire.
public functions;
• When there is fire, the crime committed is either
(2) Using poisonous or corrosive substances;
frustrated or consummated arson, never attempted.
(3) Spreading any infection or contagion among cattle;
Fire is not necessary in attempted arson.
(4) Causing damage to the property of the National
• Mere conspiracy to commit arson is punishable.
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other
DESTRUCTIVE ARSON VS. SIMPLE ARSON
thing used in common by the public.
The acts committed under Art. 320 of The Revised Penal
Code constituting Destructive Arson are characterized as
Qualified Malicious Mischief or special cases of malicious
heinous crimes "for being grievous, odious and hateful
mischief specify the purposes as well as the object of
offenses and which, by reason of their inherent or manifest
destruction.
wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and
R.A. No. 10951 AMENDED ART. 328
norms of decency and morality in a just, civilized and
The penalty for the commission of any act under Art. 328
ordered society."
shall have the corresponding penalties: (1) prision
correccional in its minimum and medium periods, if the
On the other hand, acts committed under PD 1613
value of the damage caused exceeds P200,000.00; (2)
constituting Simple Arson are crimes with a lesser degree
arresto mayor, if such value does not exceed the
of perversity and viciousness that the law punishes with a
abovementioned amount but is over P40,000.00; (3)
lesser penalty. In other words, Simple Arson contemplates
arresto menor, if such value does not exceed P40,000.00.
crimes with less significant social, economic, political and
national security implications than Destructive Arson.
(Buebos v. People) ART. 329. OTHER MISCHIEFS
Mischief not included in the next preceding article.

MALICIOUS MISCHIEF Punished according to the value of the damage caused.
The willful damaging of the property of another for the
purpose of causing damage due to hate, revenge or the If the amount involved cannot be estimated, the penalty of
other evil motive. arresto menor or fine not exceeding P200 is fixed by law.
CHAPTER NINE: MALICIOUS MISCHIEF ART. 330. DAMAGE AND OBSTRUCTION

TO MEANS OF COMMUNICATION
ART. 327. WHO ARE LIABLE FOR
MALICIOUS MISCHIEF PERSON LIABLE
ELEMENTS Any person who shall damage any railway, telegraph or

telephone line.
a. That the offender deliberately caused damage to
the property of another; QUALIFYING CIRCUMSTANCE
b. That such act does not constitute arson or other
crimes involving destruction; The offense is qualified if the damage shall result in the
c. That the act of damaging another’s property be derailment of cars, collision or other accident.
committed merely for the sake of damaging it.

ART. 331. DESTROYING OR DAMAGING CRIMES AGAINST CHASTITY

STATUTES, PUBLIC MONUMENTS, OR
PAINTINGS Chapter One: Adultery and Concubinage
Art. 333. Who are guilty of adultery
Art. 334. Concubinage
PERSONS LIABLE
Chapter Two: Rape And Acts Of Lasciviousness
Art. 335. When and how rape is committed
(1) Any person who shall destroy or damage statues or
Art. 336. Acts of lasciviousness
any other useful or ornamental public monuments;
Chapter Three: Seduction, Corruption of Minors
(2) Any person who shall destroy or damage any useful or And White Slave Trade
ornamental painting of a public nature.
Art. 337. Qualified seduction
Art. 338. Simple seduction
The penalty is lower if the thing destroyed is a public Art. 339. Acts of lasciviousness with the consent of the
painting, rather than a public monument. offended party
Art. 340. Corruption of minors
Art. 341. White slave trade
CHAPTER TEN: EXEMPTION FROM Chapter Four: Abduction
Art. 342. Forcible abduction
CRIMINAL LIABILITY IN CRIMES Art. 343. Consented abduction
AGAINST PROPERTY Chapter Five: Provisions Relative To The
Preceding Chapters Of Title Eleven
Art. 344. Prosecution of the crimes of adultery,
ART. 332. PERSONS EXEMPT FROM concubinage, seduction, abduction, rape and acts of
CRIMINAL LIABILITY lasciviousness.
Art. 345. Civil liability of persons guilty of crimes
against chastity.
CRIMES INVOLVED Art. 346. Liability of ascendants, guardians, teachers, or
(1) Theft other persons entrusted with the custody of the
(2) Swindling (estafa) offended party.
(3) Malicious Mischief
CHAPTER 1: ADULTERY AND
PERSONS EXEMPTED CONCUBINAGE
(1) Spouses, ascendants and descendants, or relatives by ART. 333. WHO ARE GUILTY OF
affinity on the same line;
ADULTERY
(2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the
ELEMENTS
same shall have passed to the possession of another;
(3) Brothers and sisters and brother-in-law and sister-
a. That a woman is married;
in-law, if living together.
b. That she has sexual intercourse with a man not her
husband;
The law recognizes the presumed co-ownership of the c. That as regards to the man with whom she has
property between the offender and the offended party. sexual intercourse, he must know her to be
There is no criminal liability, only civil. married.
The article applies to a step-parents, adopted parents, The danger of introducing spurious heirs into the family,
natural children, common-law spouses, concubine and where the rights of the real heirs may be impaired and a
paramour. man may be charged with the maintenance of a family not
of his own.
The exemption established by this article shall not be
applicable to strangers participating in the commission of The essence of adultery: violation of the marital vow.
the crime.
A woman must be LEGALLY married with the offended
husband at the time of the filling of the complaint, even if
the marriage be subsequently declared void.
For the paramour to be guilty of adultery, he must have the Express Pardon – applies to concubinage as well.
knowledge of the married status of the offender woman.
ART. 344 (PROSECUTION OF CRIMES
Nonetheless, a paramour who is a married man, even if he
AGAINST CHASTITY)
does not know that the woman is married, may be still held
liable for concubinage.
REQUIRES
Direct proof of carnal knowledge is not necessary.
Circumstantial evidence is sufficient. (i.e. love letters a. That the pardon must come before the institution
signed by the paramour, photos showing intimate of the criminal prosecution;
relations, testimony of witnesses). b. That the offended party must pardon both the
offenders.
Each sexual intercourse constitutes a crime of adultery,
being an INSTANTANEOUS crime. Hence, it is not a Q; Is there implied pardon?
CONTINUING offense. A; YES.. This happens when an offended husband have sex
with his unfaithful wife subsequent to the adulterous act
EFFECT OF PARDON of the latter.
(1) The pardon must come before the institution of the NOTE: The pardon by the husband only extinguishes the
criminal prosecution; and adulterous act committed by the wife before such pardon
(2) Both the offenders must be pardoned by the has been actually given. Therefore, it has no effect on those
offended party. Act of sexual intercourse subsequent adulterous acts committed by the wife subsequent to such
to adulterous conduct is considered as an implied pardon.
pardon.
(3) Pardon of the offenders by the offended party is a bar OTHERS:
to prosecution for adultery or concubinage. • Abandonment of the wife by the husband without
(4) Delay in the filing of complaint, if satisfactorily justification is only a mitigating circumstance.
explained, does not indicate pardon. • Under the law, there is no accomplice in adultery,
although there can be in fact.
EFFECT OF CONSENT • Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon.
The husband, knowing that his wife, after serving sentence • A husband who gives consent to his adulterous
for adultery, resumed living with her co-defendant, did wife is barred from instituting a complaint of
nothing to interfere with their relations or to assert his adultery.
rights as husband. The second charge of adultery should • Agreement to separate may also be considered as
be dismissed because of consent. (People v. Sensano) CONSENT.
AGREEMENT TO SEPARATE ART. 334. CONCUBINAGE
May be used as evidence to show consent by the husband ELEMENTS

to the infidelity of his wife.
a. That the man must be married;
EFFECT OF DEATH OF PARAMOUR b. That he committed any of the following acts
(three ways of committing concubinage):
Offending wife may still be prosecuted. The requirement i. Keeping a mistress in the conjugal
that both offenders should be included in the complaint is dwelling;
absolute only when the two offenders are alive. ii. Having sexual intercourse under
scandalous circumstances with a woman
EFFECT OF DEATH OF THE OFFENDED PARTY who is not his wife;
iii. Cohabiting with her in any other place;
The proceedings may continue. Art. 353 seeks to protect c. As regards to the woman, she must know him to
the honor and reputation not only of the living but dead be married.
persons as well.

It is the same as adultery which is a violation of marital SCANDAL PRODUCED BY THE CONCUBINAGE OF THE
vows. However, the infidelity of the husband does not OFFENDER HUSBAND
bring into the family spurious offspring because it is only a
man who can impugn the paternity and filiation of a child. (1) A husband who is living with a woman not his
wife in the same room;
In the 3rd way of committing the crime: mere (2) Both are seen in the public together;
cohabitation is sufficient; Proof of scandalous (3) They perform acts in the sight of the community
circumstances not necessary. which give rise to criticism and general protest
among the neighbors.
The concubine becomes liable only when she has
knowledge that the man who she is having sexual OTHERS:
intercourse with is married prior to the actual commission • Offense is not a single act of adultery. Each
of the crime. sexual intercourse produces adulterous acts.
• Adultery is more severely punished than
A married man is not liable for concubinage for mere
concubinage because adultery makes possible
sexual relations with a woman not his wife if he has not the introduction of another man’s blood into the
committed any of the three acts specified in Art. 334.
family so that the offended husband may have
A married man who is not liable for adultery because he another man’s son bearing his (husband’s) name
did not know that the woman was married may be held
and receiving support from him.
liable for concubinage. On the other hand, if the woman
• No concubinage in a case where a married man
knows that the man is married, she may be held liable for
is surprised in the act of sexual intercourse with
concubinage as well.
another woman (not his wife) in a hotel.
It is necessary that the woman is taken by the accused into

the conjugal dwelling.
CHAPTER 2: RAPE AND ACTS OF
LASCIVIOUSNESS
“MISTRESS” A woman who is taken by the accused into
the conjugal dwelling with the intention of treating such ART. 335. RAPE
woman as a concubine.
Repealed by RA 8353 (Anti-Rape Law of 1997). New
“CONJUGAL DWELLING” Home of the husband and wife provisions on Rape are found in Article 226-A to 266-D
even if the wife happens to be temporarily absent on any under Crimes Against Person
account. It must be constructed from the proceeds of the
sale of their conjugal properties.
ART. 336. ACTS OF LASCIVIOUSNESS
The fact that the wife never had a chance to reside therein
ELEMENTS
and that the husband used it with his mistress instead,
does not detract from its nature. (Peoeple v. Codrova)
a. That the offender commits any act of lasciviousness
of lewdness.
“COHABIT” To dwell together, in the manner of husband
b. That the act of lasciviousness is committed against a
and wife, for some period of time (i.e. a week, a month, year
person of either sex.
or longer)
c. That it is done under any of the following
circumstances:
“SCANDAL” Consists in any way reprehensible word or
i. By using force or intimidation; or
deed that offends public conscience, redounds to the
ii. When the offended party is deprived of
detriment of the feelings of honest persons, and gives
reason or otherwise unconscious;
occasion to the neighbors’ spiritual damage or ruin.
iii. By means of fraudulent machination or grave
(People v. Santos)
abuse of authority;
iv. When the offended party is under 12 years of
Qualifying expression: Sexual act which may be proved by
age or is demented.
circumstantial evidence.
“LEWD” Obscene, lustful, indecent, lecherous. It signifies

the form of immorality which has relation to moral
impurity; or that which is carried on a wanton manner.
Motive of lascivious acts is not important because the Some act of Mere immoral or indecent
essence of lewdness is in the very act itself. lasciviousness should proposal made earnestly and
have been executed. persistently is sufficient.
Example: embarrassing, kissing and holdings girl’s breast
is act of lasciviousness but in some cases, touching of Q: A was found guilty under Special Protection of
breast of a woman is considered unjust vexation only. Children against Abuse, Exploitation and Discriminatory
Act by the RTC. A appealed before the CA on the ground
The existence or absence of lewd design is determined that he is innocent. CA found A guilty of Acts of
from the nature of the acts and the environmental Lasciviousness. Instead of further appealing the case, A
circumstances. filed before the CA a manifestation with motion to allow
him to apply for probation upon remand of the case to
Kissing and embracing when prompted by lust or lewd
the RTC. Will the application for probation prosper?
design are acts of lasciviousness.
A: No. The Probation Law prohibits an appeal from the
judgment of conviction, which involves a review of the
No attempted or frustrated crime of acts of lasciviousness.
merits of the case and the determination of whether the
accused is entitled to acquittal. It is apparent that A
If the victim is a child below 18 years of age is exploited
anchored his appeal on a claim of innocence and/or lack
in prostitution or subjected to other sexual abuse, the
of sufficient evidence to support his conviction of the
applicable law is RA No. 7610 (An Act for Stronger
offense charged support his conviction of the offense
Deterrence and Special Protection against Child Abuse, charged, which is clearly inconsistent with the tenor of the
Exploitation and Discrimination, and for other purposes) Probation Law. ( Dimakuta vs. People)
Acts of Lasciviousness Grave Coercion ART. 337. QUALIFIED SEDUCTION

Compulsion or force is Compulsion or force is the
included in the very act constituting the
TWO CLASSES OF QUALIFIED SEDUCTION
constructive element of offense of grave coercion.
force.
(1) Seduction of a virgin over 12 years and under 18
Must be accompanied by Moral compulsion
years of age by persons who abuse their authority
acts of lasciviousness or amounting to intimidation
or the confidence reposed.
lewdness. is sufficient.
Elements:
a. Offended party is a virgin, which is presumed
Acts of Lasciviousness Attempted rape
if she is unmarried and of good reputation;
The manner of
b. She is over 12 and under 18 yrs. of age; (13-17
committing the crime is
years 11 months 29 days)
the same (intimidation,
c. Offender has sexual intercourse with her;
fraudulent machinations.
d. There is abuse of authority, confidence, or
Offended party is a
relationship on the part of the offender.
person of either sex.
No intent to have carnal The acts performed by the
(2) Seduction of a sister by her brother or descendant
knowledge of the offender clearly indicate
by her ascendant, regardless of her age and
offended woman. that his purpose was to lie
reputation. (Age, reputation and virginity is
with the offended woman.
The lascivious acts are but irrelevant. The relationship may not be legitimate.)
the preparatory acts to the Elements:
commission of rape. a. Offended party need not be a virgin or she
may be over 18 years old;
b. Offender has sexual intercourse with her;
Offenses against
Abuses against Chastity c. Offender is her brother or ascendant by
Chastity
consanguinity, whether legitimate or
Committed by a Committed by a public
illegitimate.
private individual, in officer only.
most cases.
Virgin – a woman of chaste character and of good
reputation. She need not be physically a virgin.

If there is no sexual intercourse and only acts of lewdness

are performed, it is act of lasciviousness. Deceit generally takes the form of unfulfilled promise of
marriage.
The accused charged with rape cannot be convicted of
qualified seduction under the same information. Promise of marriage must be the inducement and the
woman must yield because of the promise or other
OFFENDERS IN QUALIFIED SEDUCTION inducement.
(1) Those who abused their authority Promise of marriage after sexual intercourse does not
a. Person in public authority constitute deceit. Promise of marriage by a man is not a
b. Guardian deceit, if the woman knew him to be married.
c. Teacher
(2) Person, who in any capacity, is entrusted with the Without sexual intercourse but only acts of lewdness, the
education or custody of the woman seduced crime is acts of lasciviousness.
THOSE WHO ABUSED CONFIDENCE REPOSED Seduction is not a continuing offense because a woman
IN THEM cannot lose her virginity twice.
(1) Priest. ART. 339. ACTS OF LASCIVIOUSNESS

(2) House Servant
WITH THE CONSENT OF THE
(3) Domestic
OFFENDED PARTY
THOSE WHO ABUSED THEIR RELATIONSHIP
ELEMENTS
1. Brother who seduced his sister.
2. Ascendant who seduced his descendant. a. That the offender commits acts of lasciviousness
or lewdness;
“DOMESTIC” Person usually living under the same roof, b. That the acts are committed upon a woman who is
pertaining to the same house. a virgin or a widow of good reputation, under 18
years of age but over 12 years, or a sister or
Deceit is not an element of qualified seduction. It is descendant regardless of her reputation or age;
replaced by abuse of confidence. c. That the offender accomplishes the acts by abuse
of authority, confidence, relationship or deceit.
The fact the girl gave consent to the sexual intercourse is
not a defense. The offended party may have consented to the acts of
lasciviousness being performed on her persons but the
consent is obtained by abuse of authority, confidence,
ART. 338. SIMPLE SEDUCTION
relationship or deceit.
ELEMENTS The penalty when the victim is under 12 years of age is one
(1) degree higher than that imposed by law. (Sec. 10 of R. A.
a. That the offended party is over 12 and under 18 7610)
years of age;
b. That she must be of good reputation, single or Art. 336 – Acts of Art. 339 – Acts of
widow;
Lasciviousness Lasciviousness with
c. That the offender has sexual intercourse with her;
consent
d. That is was committed by means of deceit.
Acts are committed under Committed under the
circumstances which, had circumstances which,
Purpose of the law: to punish the seducer who by means
there been carnal had there been carnal
of promise of marriage, destroys the chastity of an
knowledge, would amount knowledge, would
unmarried female of previous chaste character.
to rape. amount to either
qualified seduction or
Virginity of offended party is not required but there must
simple seduction.
be sexual intercourse.

Male or female may be the Only female can be the CHAPTER FOUR: ABDUCTION
offended party offended party.
ART. 342. FORCIBLE ABDUCTION

ART. 340. CORRUPTION OF MINORS
ELEMENTS
The article no longer requires habitually or abuse of
authority or confidence unlike under the original a. That the person abducted is a woman;
provision. Thus, Batas Pambansa Blg. 92 provides a more b. That the abduction is against her will;
severe penalty in view of wide-spread prostitution of c. That the abduction is with lewd design.
minors in our country.
"ABDUCTION” The taking away of a woman for the

What the law punishes is the act of a pimp who facilitates
purpose of taking her to another place with intent to marry
corruption of the minor and not the performance of
or to corrupt her.
unchaste acts.
CRIMES AGAINST CHASTITY WHERE AGE AND

Age of Victim – Article 402 of the Civil Code provides that
REPUTATION ARE IMMATERIAL
“Majority commences upon the attainment of the age of 21
years of age”.
(1) Acts of lasciviousness against the will or without
the consent of the offended party
The offended party must be of good reputation, not a
(2) Qualified seduction of sister or descendant
prostitute or corrupted person.
(3) Forcible abduction
See: Child Prostitution and Attempt to Commit Child

Conviction of acts of lasciviousness is not a bar to
PROSTITUTION (RA NO. 7610):
conviction of forcible abduction.
Section 5 states that when a child indulges in sexual
intercourse or lascivious conduct in consideration of
Age and reputation of the victim are immaterial.
money, profit or due to coercion or influence of any adult
or group, the child is already deemed exploited in
The taking must be against the victim’s will.
prostitution and other sexual abuse.
The taking away of the woman may be accomplished by

ART. 341. WHITE SLAVE TRADE means of deceit first and then by means of violence and
intimidation.
PROHIBITED ACTS
If the female abducted is under 12 years of age, the crime
is forcible abduction, even if she voluntarily goes with her
(1) Engaging in the business of prostitution;
abductor.
(2) Profiting by prostitution;
(3) Enlisting the services of women for the purpose
When the victim was abducted by the accused without
of prostitution.
lewd designs, but for the purpose of lending her to illicit
intercourse with others, the crime is not abduction but
The mere enlisting of the services of women for the
corruption of minors.
purpose of prostitution whether the offender profits or
not is punishable.
Rape may absorb forcible abduction, if the main objective
was to rape the victim.
Habituality is not a necessary element of white slave trade.
Sexual intercourse is not necessary in forcible abduction.

‘Under any pretext’ one who engaged the services of a
Lewd designs may be shown by the conduct of the
woman allegedly as a maid, but in reality, for prostitution,
accused. When there are several defendants, it is enough
is guilty under this article.
that one of them had lewd designs. Husband is not liable
for abduction of his wife, as lewd design is wanting.
Offender need not be the owner of the house.
Attempted rape is absorbed by forcible abduction as the

Maintainer or manager of house of ill-repute need not be
former constitutes the element of lewd design. There is no
present therein at the time of raid or arrest.
complex crime of forcible abduction with attempted rape.
Purpose of the law - Not to punish the wrong done to the

Nature of the crime: the act of the offender is violative of girl because she consents to it, but to prescribe
the individual liberty of the abducted, her honor and punishment for the disgrace to her family and the alarm
reputation, and public order. caused by the disappearance of one who is, by her age and
sex, susceptible to cajolery and deceit.
Forcible Abduction Grave Coercion
There is violence or If the virgin is under 12 or is deprived of reason, the crime
intimidation by the is forcible abduction because such is incapable of giving a
offender valid consent.
The offended party is
compelled to do The taking away of the girl need not be with some
something against her will character of permanence. Offended party need not be
Abduction is No lewd design, provided taken from her house.
characterized by lewd that there is deprivation
design of liberty for an When there was no solicitation or cajolery and no deceit
appreciable length of time and the girl voluntarily went with the man, there is no
crime committed even if they had sexual intercourse
Forcible Abduction Corruption of Minors

If a girl is under 12, always FORCIBLE ABDUCTION.
Purpose is to affect his Purpose is to lend the
lewd designs on the victim to illicit
CRIMES AGAINST CHASTITY WHERE AGE AND
victim intercourse with others
REPUTATION OF THE VICTIM ARE IMMATERIAL
Forcible Abduction Serious Illegal Detention

(1) Acts of lasciviousness against the will of the
There is violence or There is deprivation of
offended party; or against a sister or descendant;
intimidation by the liberty and no lewd
(2) Qualified seduction of sister or descendant;
offender designs
(3) Forcible abduction
Forcible Abduction with Kidnapping with Rape

Q: When is there forcible abduction only, or rape only?
Rape
A: If there was abduction but the resistance of the woman
Purpose is to affect his Purpose is to lend the
to the alleged rape was not tenacious (not easily stopped:
lewd designs on the victim to illicit
firm or strong), so can easily be stopped, the accused
victim intercourse with others
would be guilty only of abduction (People v. Lopez, C.A., 41
Crime against chastity Crime against liberty
O.G. 1310). It is Rape if the main objective was to have
carnal knowledge the victim taking into consideration the
Forcible abduction with Rape: a complex crime under Art. facts (People v. Toledo, 83 Phil. 777).
48, and not a special complex crime
Q: Can there be Forcible Abduction with Multiple counts
There can only be one complex crime of forcible abduction
of rape?
with rape.
A: There can only be one (1) complex crime of forcible
abduction with rape. The crime of forcible abduction was
ART. 343. CONSENTED ABDUCTION only necessary for the FIRST RAPE. Thus, the subsequent
acts of rape can no longer be considered as separate
ELEMENTS complex crimes of forcible abduction with rape. They
should be detached from and considered independently of
a. That the offended party must be a virgin; forcible abduction. Therefore, accused should be
b. That she must be over 12 and under 18 years of age; convicted of ONE COMPLEX CRIME of forcible abduction
c. That the taking away of the offended party must be with rape and three separate acts of rape (People v. Garcia,
with her consent, after solicitation or cajolery from et. al., G.R. No.: 41125).
the offender;
d. That the taking away of the offended party must be Q: The accused, who previously made an attempt upon
with lewd designs. the chastity of the offended girl, tried to take her away in
carriage, while she was standing at the door of her house.
The accused did not succeed in taking away of the girl
because of the girl’s resistance and because of the CONSENT AND PARDON IN ADULTERY AND
intervention of a policeman. What crime was committed? CONCUBINAGE
A: The offense was attempted abduction. The lewd designs Consent or pardon may be express or implied. It bars the
were indicated by the holding of the girl around her waist offended party from filing a complaint. However,
and by the attempt of the accused upon the chastity of the condonation or forgiveness of one act of adultery or
girl (US v. Luna). concubinage is not a bar to prosecution of similar acts that
may be committed by the offender in the future.
ART. 344. PROSECUTION OF THE CRIMES PARDON IN SEDUCTION, ABDUCTION, OR ACTS OF

OF ADULTERY, CONCUBINAGE, LASCIVIOUSNESS
SEDUCTION, ABDUCTION, RAPE AND Express pardon of the offender is required to bar
ACTS OF LASCIVIOUSNESS prosecution.
Condonation is not pardon in concubinage or adultery

Nature of the complaint: The complaint must be filed in
because any subsequent act of the offender showing that
court, not with the fiscal. In case of complex crimes, where
there was no repentance will not bar the prosecution of
one of the component offenses is a public crime, the
the offense.
criminal prosecution may be instituted by the fiscal.
Pardon by the offended party who is a minor must have the
concurrence of parents, except when the offended party
The court motu propio can dismiss the case for failure of has no parents.
the aggrieved party to file the proper complaint even if the
accused never raised the question on appeal. Offended party cannot institute criminal proceedings if
the offender has been EXPRESSLY pardoned by the
Crimes against chastity cannot be prosecuted de oficio. offended party, or her parents, grandparents or guardian.
PROSECUTION OF THE CRIMES OF ADULTERY AND Pardon by the parent, grandparent, or guardian must be
CONCUBINAGE accompanied by the express pardon of the offended
woman.
Who may file: both crimes must be prosecuted upon
complaint signed by the offended spouse. Both the The right to file action of the parents, grandparents and
offender and the paramour/mistress must be included in guardian shall be EXCLUSIVE of other persons and shall be
the complaint even if one of them is not guilty. exercised successively in the order provided.
Prosecution of seduction, abduction and acts of General rule: Marriage of the offender with the offended
lasciviousness must be prosecuted upon the complaint party benefits the co-principals, accomplices and
signed by - accessories.
1. Offended party – when the offended party is a
minor, her parents may file the complaint Exception: In rape
2. Parents, grandparents or guardian in that order Because it is already a crime against person; marriage
obliterates criminal liability as to the husband only.
• When the offended party is of age and is in
complete possession of her mental and physical ART. 345. CIVIL LIABILITY OF PERSONS
faculties, she alone can file the complaint. GUILTY OF CRIMES AGAINST CHASTITY
• When the offended is a minor or incapacitated
and refuses to file the complaint, any of the
PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR
persons mentioned can file.
ABDUCTION SHALL ALSO BE SENTENCED
The term “guardian” refers to legal guardian. He must be

legally appointed by the Court. (1) To indemnify the offended woman.
(2) To acknowledge the offspring, unless the law
The State may also file the complaint as parens patriae should prevent him from doing so.
when the offended party dies or becomes incapacitated (3) In every case, to support the offspring.
before she could file the complaint and has no known
parents, grandparents or guardians.

ART. 346. LIABILITY OF ASCENDANTS, ACTS PUNISHABLE

GUARDIANS, TEACHERS, OR OTHER
(1) Simulation of birth.
PERSONS ENTRUSTED WITH THE (2) Substitution of one child for another.
CUSTODY OF THE OFFENDED PARTY (3) Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
(1) Person who cooperate as accomplices but are status.
punished as principals:
a. Ascendants, The unlawful sale of a child by his father is not a crime
b. Guardians, under this article.
c. Curators,
d. Teachers, “Abandon” as used in Art. 347: the practice of abandoning
e. Any person, who cooperates as newly born infants and very young child at the door of
accomplice with abuse of authority or hospitals and churches.
confidential relationship.
(2) The teachers or persons entrusted with education A physician or surgeon or public officer, who cooperates
and guidance of the youth shall also be penalized in the execution of these crimes, is also liable if he acts in
with disqualification violation of the duties of his profession or office.
(3) Any person falling within the terms of this article,
and any other person guilty of corruption of
minors for the benefit of another, shall be punished ART. 348. USURPATION OF CIVIL STATUS
by special disqualification from filing the office of
guardian. Usurping the civil status of another is committed by
assuming the filiations or the parental or conjugal rights of
another with intent to enjoy the rights arising from the
CRIMES AGAINST THE CIVIL STATUS
civil status of the latter.
OF PERSONS
Crime is qualified if the purpose is to defraud offended
CHAPTER ONE: Simulation of Births and parties and heirs.
Usurpation of Civil Status
Art. 347. Simulation of births, substitution of one child There must be intent to enjoy the rights arising from the
for another and concealment or abandonment of a civil status of another.
legitimate child
Art. 348. Usurpation of civil status
CHAPTER TWO: Illegal Marriages ART. 349. BIGAMY
Art. 349. Bigamy
Art. 350. Marriage contracted against provisions of ELEMENTS
laws
Art. 351. Premature marriages
Art. 352. Performance of illegal marriage ceremony a. That the offender is legally married.
b. That the marriage has not been dissolved or, in
case the spouse is absent, the absent spouse could
CHAPTER ONE: SIMULATION OF BIRTHS
not yet be presumed dead according to the Civil
AND USURPATION OF CIVIL STATUS Code.
c. That he contracts a second marriage or
ART. 347. SIMULATION OF BIRTHS, subsequent marriage.
d. That the second or subsequent marriage has all the
SUBSTITUTION OF ONE CHILD FOR essential requisites for validity.
ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD The offender must be legally married at the time of the
commission of the crime. The subsequent declaration of
The object of the crime under this article is the creation of the first marriage’s nullity or its being void shall not bar the
false or the causing of the loss of civil status. filing of a complaint against the second marriage for being
bigamous.

In case, one of the spouses is absent and the other CHAPTER TWO: ILLEGAL MARRIAGES
contracts a subsequent marriage, the latter may be held
liable for the crime of bigamy. To avoid any criminal
liability, the surviving spouse must first secure a judicial
ART. 350. MARRIAGE CONTRACTED
declaration of the presumptive death of the absent spouse AGAINST PROVISIONS OF LAWS
before he can legally get married.
ELEMENTS
Good faith is not a defense in bigamy.
a. That the offender contracted marriage.
When a marriage between a Filipino citizen and a foreigner b. That he knew at the time that -
is validly celebrated and a divorce is thereafter validly i. the requirements of the law were not
obtained abroad by the alien spouse capacitating him or complied with; or
her to remarry, the Filipino spouse shall likewise have ii. The marriage was in disregard of a legal
capacity to remarry under Philippine law. (Art. 26, par.2, impediment.
Family Code)
Bigamy is a form of illegal marriage.
The second spouse who knew of the first marriage is an
accomplice, as well as the person who vouched for the Illegal marriage includes also such other marriages which
capacity of either of the contracting parties. are performed without complying with the requirements
of the law, or marriages where the consent of the other is
Failure to exercise due diligence to ascertain the vitiated or such marriage which was solemnized by one
whereabouts of the first wife is bigamy through reckless who is not authorized to solemnize the same.
imprudence.
Conviction of a violation of Art. 350 involves a crime of
One convicted of bigamy may also be prosecuted for moral turpitude.
concubinage as both are distinct offenses. The first is an
offense against civil status, which may be prosecuted at QUALIFYING CIRCUMSTANCE
the instance of the state; the second is an offense against
chastity and may be prosecuted only at the instance of the If either of the contracting parties obtains the consent of
offended party. The second spouse is not necessarily liable the other by means of violence, intimidation or fraud.
for bigamy.
ART. 351. PREMATURE MARRIAGES
Bigamy is not a private crime.
PERSONS LIABLE
Q: H, a married man, contacted a second marriage. His
first wife came to know of the second marriage and filed
(1) A widow who married within 301 days from the
a case for bigamy against H and the second wife. If you
date of the death of her husband, or before
are the judge, how would you rule? having delivered if she is pregnant at the time of
A: Only H is guilty of Bigamy. He contracted a second his death is liable under this article.
marriage despite the existence of his first marriage. (2) A woman whose marriage having been annulled
or dissolved, married before delivery or before
The second wife cannot be guilty of Bigamy because she expiration of the period of 301 days after the date
was only married once. If she knew that H was married, of legal separation.
then the knowledge of the second wife of the fact of her
spouse's existing prior marriage constitutes an The Supreme Court considered the reason behind making
indispensable cooperation in the commission of bigamy, such marriages within 301 days criminal, that is, because
which makes her responsible as an accomplice. (Santiago of the probability that there might be a confusion
v. People, GR No. 200233, 2015) If she did not know, then regarding the paternity of the child who would be born.
she would not be criminally liable.
Period may be disregarded if the first husband was
impotent or sterile.

ART. 352. PERFORMANCE OF ILLEGAL SECTION 1: DEFINITIONS, FORMS, AND

MARRIAGE CEREMONY PUNISHMENT OF THIS CRIME
Persons liable: Priests or a minister of any religious ART. 353. DEFINITION OF LIBEL
denomination or sect, or civil authorities who shall
perform or authorize any legal marriage ceremony is liable.
ELEMENTS
Q: Differentiate Bigamy from Illegal Marriage.
A: a. That there must be an imputation of a crime, or a
Bigamy Illegal Marriage vice or defect, real or imaginary, or any act,
Elements: Elements: omission, condition, status or circumstance;
1. That the offender has 1. That the offender b. That the imputation must be made publicly;
been legally married; contracted marriage;
c. That it must be malicious;
2. That the marriage has 2. That he entered into said
not been legally dissolved contract with knowledge d. That the imputation must be directed at a natural
or in case his/her spouse is that the requirements of person or a juridical person, or one who is dead;
absent, the absent spouse the law have not been e. That the imputation must tend to cause the
could not yet be presumed complied with or that the dishonor, discredit, or contempt of the person
dead according to the Civil marriage is in disregard of a defamed.
Code; legal impediment; and
3. That he contracts a 3. That the act of the
NOTE: There must be a defamatory imputation
second or subsequent offender does not
marriage; and constitute bigamy under
4. That the second or Article 349 (People v. THE IMPUTATION MAY COVER
subsequent marriage has all Salazar);
the essential requisites for (1) Crime allegedly committed by the offended party;
validity.
(2) Vice or defect, real or imaginary, of the offended
party;
Q: Are Premature Marriages still criminalized?
A: No. it has been repealed. It is no longer a crime when a (3) Any act, omission, condition, status of, or
widower marries within 301 days from the date of the circumstances relating to the offended party.
husband’s death, or before having delivered a baby, if
pregnant at the time. (RA 10655) RATIONALE: The enjoyment of a private reputation is a
constitutional right.
WHO IT CAN BE COMMITTED AGAINST: A natural or
CRIMES AGAINST HONOR juridical person or one who is dead.
CHAPTER ONE: Libel

TEST OF DEFAMATORY CHARACTER OF THE WORDS
Section 1: Definitions, forms, and punishment of this
USED: Words used are construed in their entirety and
crime
Art. 353. Definition of libel taken in their plain, natural and ordinary meaning as they
Art. 354. Requirement for publicity would naturally be understood by persons reading them,
Art. 355. Libel means by writings or similar means unless it appears that they were used and understood in
Art. 356. Threatening to publish and offer to present another sense.
such publication for a compensation
Art. 357. Prohibited publication of acts referred to in the
The meaning of the writer is immaterial. It is not the intent
course of official proceedings
of the writer or the speaker which the actionable quality of
Art. 358. Slander
Art. 359. Slander by deed the words is to be determined, but the meaning of the
Section 2: General provisions words in fact conveyed on the minds of persons of
Art. 360. Persons responsible reasonable understanding.
Art. 361. Proof of the truth
Art. 362. Libelous remarks TWO TYPES OF MALICE:
CHAPTER TWO: Incriminatory Machinations
(1) Malice in Fact
Art. 363. Incriminating innocent person
● Shown by proof of ill-will, hatred, or purpose
Art. 364. Intriguing against honor
to injure; also known as express malice.
(2) Malice in Law
CHAPTER ONE: LIBEL ● Presumed from defamatory imputation; proof
is not required because it is presumed to exist
from the defamatory imputation. Q: When may “truth” be a defense in libel case?
A: Under Article 361 of the Revised Penal Code, if the
When the communication is privileged, malice is not defamatory statement is made against a public official with
presumed from the defamatory words. respect to the discharge of his official duties and functions
and the truth of the allegation is shown, the accused will
Defamatory remarks directed at group of persons is not be entitled to an acquittal even though he does not prove
actionable unless the statements are all embracing or that the imputation was published with good motives and
sufficiently specific for the victim to be identifiable. for justifiable ends. (Vasquez vs. Court of Appeals, 314 SCRA
460, G.R. No. 118971 September 15, 1999)
Libel publication in different parts may be taken together
to establish the identification of the offended party. The test is the “reckless disregard” test and Tulfo failed to
meet the test. In this test, what is important is to
An imputation will be sufficient if it tends to cause – determine whether the defamatory statement was made
A. The dishonor, with actual malice, that is, with knowledge that it was false
B. Discredit, or or with reckless disregard of whether it was false or not.
C. Contempt of a natural or juridical person, or The trial court found that Tulfo had in fact written and
D. To blacken the memory of one who is dead. published the subject articles with reckless disregard of
whether the same were false or not. There was the finding
In order to maintain a libel suit, it is essential that the that Tulfo failed to verify the information on which he
victim be identifiable although it is not necessary that he based his writings, and that the defense presented no
be named. It must be shown that at least a third person evidence to show that the accusations against Atty. So
could identify him as the object of the libelous publication were true. Tulfo cannot argue that because he did not
(Borjal v. CA, 1999). know Atty. So personally there was no malice attendant in
his articles (Tulfo v. People)
If the utterance is made but once against a family of ART. 354. REQUIREMENT OF PUBLICITY
lawyers, designated by their common surname, not
separately mentioned, there is only one offense.
Malice in law. Every defamatory imputation is presumed to
be malicious, even if it be true, if no good intention or
Q: Who are the persons liable for libel? justifiable motive is shown
A:
(1) The person who publishes, exhibits or causes the It is not necessary that the libelous article must be
publication or exhibition of any defamation in writing published; communication of the defamatory matter to
or similar means; some third persons is sufficient.
(2) The author or editor of a book or pamphlet;
(3) The editor or business manager of a daily newspaper, THE PRESUMPTION IS REBUTTED IF IT IS SHOWN BY
magazine or serial publication; THE ACCUSED THAT
(4) The owner of the printing plant which publishes a
libelous article with his consent and all other persons
(1) The defamatory imputation is true, in case the law
who in any way participate in or have connection with
allows proof of the truth of the imputation.
its publication.
(2) It is published with good intention.
(3) There is justifiable motive for making it.
Q: Who shall be liable for defamation under the Revised
Penal Code?
MALICE IS NOT PRESUMED
A: Not only is the person who published, exhibited or
caused the publication or exhibition of any defamation in
(1) Private communication made by any person to
writing shall be responsible for the same, all other persons
another in the performance of any legal, moral or
who participated in its publication are liable, including the
social duty.
editor or business manager of a daily newspaper, magazine
(2) A fair and true report of any judicial, legislative, or
or serial publication, who shall be equally responsible for
other proceedings which are not of confidential
the defamations contained therein to the same extent as if
nature.
he were the author thereof. The liability which attaches to
(3) Any statement, report or speech delivered in said
petitioners is, thus, statutory in nature. (Bautista vs.
proceedings, or of any other act performed by public
Cuneta-Pangilinan, 2012) officers in the exercise of their functions.

KINDS OF PRIVILEGED COMMUNICATIONS FAIR AND TRUE REPORT OF OFFICIAL PROCEEDINGS

UNDER ART 354, PAR 2.
(1) Absolute
It is not actionable, even if its author has acted in bad Conditions for it to be considered privileged:
faith. It is limited to legislative and judicial (1) That is fair and true report of a judicial, legislative, or
proceedings and other acts of state, including the other official proceedings which are not of
communications made in the discharge of a duty confidential nature, or of a statement, report or
under express authority of law, by or to heads of speech delivered in said proceedings, or of any other
executive departments of the state, and matters act performed by a public officer in the exercise of his
involving military affairs. functions;
(2) It is made in good faith without any comments or
Absolute privileged communication also includes: remarks.
a. Allegations or statements made by the parties
or their counsel in their pleadings or motions The defense of privileged communication will be rejected
or during the hearing of judicial proceedings; if it can be proven that the defendant acted with malice in
b. Answers given by witnesses in reply to fact or if there is no reasonable ground for believing that
questions propounded to them, in the course charge to be true.
of said proceedings, provided that said
allegations or statements are relevant to the DOCTRINE OF FAIR COMMENT
issues, and the answers are responsive or
pertinent to the questions propounded to said While in general, every discreditable imputation publicly
witnesses (Alcantara v. Ponce). made is deemed false, it is not necessarily actionable. To
be actionable, it must either be a false allegation of fact or
(2) Conditional or qualified a comment based on a false supposition. If the comment is
Although containing defamatory imputations, it an expression of opinion, based on established facts, then
would not be actionable unless made with malice or it is immaterial that the opinion happens to be mistaken,
bad faith. as long as it might reasonably have inferred from the facts.
REQUISITES OF PRIVILEGED COMMUNICATION Q: Is a communication made out legal, moral, or social

UNDER ART 354, PAR 1 duty, when it was published and circulated among the
public, covered by qualified or conditional privileged
a. That the person who made the communication communication?
had a legal, moral or social duty to make the A: No, communication made out of legal, moral, or social
communication, or, at least, he had an interest to duty, when it was published and circulated among the
be upheld; public, is not covered by qualified or conditional privileged
b. That the communication is addressed to an communication.
officer or a board, or superior, having some
interest or duty in the matter; MULTIPLE PUBLICATION RULE IN LIBEL
c. That the statements in the communication are A single defamatory statement, if published several times,
med in good faith without malice (in fact). gives rise to as many offenses as there are publications. For
purposes of Art. 360 of RPC, as amended, every time the
Unnecessary publicity destroys good faith. same written matter is communicated such
communication is considered a distinct and separate
The privileged character simply does away with the publication of libel (Soriano v. IAC).
presumption of malice. It does not mean that it is not
actionable. The law requires that for a defamatory imputation made
out of a legal, moral or social duty to be privileged, such
TO OVERCOME THE DEFENSE OF PRIVILEGED statement must be communicated only to the person or
COMMUNICATION UNDER ART 354, PAR 1 persons who have some interest or duty in the matter
alleged, and who have the power to furnish the protection
(1) Show that the defendant acted with malice in fact, or; sought by the author of the statement. Thus, a written
(2) There is no reasonable ground for believing the letter containing libelous matter cannot be classified as
charge to be true. privileged when it is published and circulated among the
public. (Buatis, Jr. v. People)
Republic Act No. 10175 or the Cybercrime Prevention Act specified in law, it easily qualifies under the general
of 2012 is the first law in the Philippines which specifically provision “or any similar means”.
criminalizes computer crime with the purpose to address
legal issues concerning internet in the Philippines; and to Defamation through amplifier is not libel, but oral
prevent misuse, abuse and illegal access of the internet. defamation (People v. Santiago).
SEC. 4 - CYBERCRIME OFFENSES A civil action for damages may be filed simultaneously or
Offenses against the confidentiality, integrity and separately with the criminal action.
availability of computer data and systems, include, among
others: Art 355 provides for the penalty for libel. Nonetheless, fine
(1) Illegal Access, Illegal Interception, Data is the preferred penalty in libel cases.
Interference, System Interference, Misuse of
Devices, Cyber-Squatting; ADMINISTRATIVE CIRCULAR NO. 08-2008 (SUBJECT:
(2) Computer-related Offenses; GUIDELINES IN THE OBSERVANCE OF A RULE OF
(3) Forgery, Fraud, Identity Theft; PREFERENCE IN THE IMPOSITION OF PENALTIES IN
(4) Content-related Offenses; LIBEL CASES)
(5) Cybersex, Child Pornography (an offense under
R.A. no. 9779), Article 355 of the Revised Penal Code penalizes libel with
(6) Unsolicited Commercial Communications. prision correctional in its minimum and medium periods
or fine ranging from 200 to 6,000 pesos, or both, in
SEC. 6. All crimes defined and penalized by the Revised addition to the civil action which may be brought by the
Penal Code, as amended, and special laws, if committed by, offended party.
through and with the use of information and
communications technologies shall be covered by the This Administrative Circular does not remove
relevant provisions of this Act. imprisonment as an alternative penalty for the crime libel
under Article 355 of the Revised Penal Code;
Q: May a person who liked or commented a Facebook post The Judges concerned may, in the exercise of sound
be liable for libel under Cybercrime Prevention Act of discretion, and taking into consideration the peculiar
2012? circumstances of each case, determine whether the
A: As distinguished from libel punishable under RPC, it imposition of a fine alone would best serve the interests of
should be noted that the person who may be held justice or whether forbearing to impose imprisonment
criminally liable for “cyber libel” is only the author of the would depreciate the seriousness of the offense, work
defamatory imputation, not those who may have “liked” or violence on the social order, or otherwise be contrary to
“commented” on or even shared a post. (Disini Jr. et al. vs. the imperative of justice;
The Secretary of Justice)
Should only a fine be imposed and the accused be unable
ART. 355. LIBEL BY MEANS OF WRITINGS to pay the fine, there is no legal obstacle to the application
of the Revised Penal Code provision on subsidiary
OR SIMILAR MEANS
imprisonment.
COMMITTED BY MEANS OF
R.A. No. 10951 AMENDED ART. 355
The penalty imposed upon a person held guilty of libel shall
(1) Writing;
be by prision correccional in its minimum and medium
(2) Printing;
periods or a fine ranging from P40,000.00 to
(3) Lithography;
P1,2000,000.00, or both, in addition to the civil action
(4) Engraving;
which may be brought by the offended party.
(5) Radio;
(6) Phonograph;
(7) Painting; ART. 356. THREATENING TO PUNISH AND
(8) Theatrical exhibition; OFFER TO PRESENT SUCH PUBLICATION
(9) Cinematographic exhibitions or; FOR A COMPENSATION
(10) Similar means.
PROHIBITED ACTS:
Defamation made in television program is libel. While (1) Threatening another to publish a libel
television is not expressly mentioned among the means
concerning him, or his parents, spouse, child or (2) That such fact is offensive to the honor, virtue
other members of the family. and reputation of said person.
(2) Offering to prevent the publication of such libel
for compensation or money consideration Source of news report may not be revealed unless the
court or a House or Committee of Congress finds that such
Felonies where blackmail is possible: revelation is demanded by the security of the State.
(a) Light threats (Article 283)
(b) Threatening to publish, or offering to prevent ART. 358. SLANDER
the publication of, a libel for compensation (Art.
356) SLANDER
Oral defamation; Libel committed by oral (spoken) means,
BLACKMAIL instead of in writing; the speaking of base and defamatory
Any unlawful extortion of money by threats of accusation words which tend to prejudice another in his reputation,
or exposure. Two words are expressive of the crime—hash office, trade, business or means of livelihood. (Villanueva v.
money. (U.S. v. Eguia, et al., 38 Phil 857) People)
R.A. No. 10951 AMENDED ART. 356 KINDS OF SLANDER:

The penalty shall be arresto mayor or a fine from (1) Simple slander;
P40,000.00 to P400,000.00, or both, shall be imposed (2) Grave slander, when it is of a serious and insulting
upon any person who threatens another to publish a libel nature.
concerning him or the aprents, spouse, child, or other
member of the family of the latter. FACTORS THAT DETERMINE THE GRAVITY OF
ORAL DEFAMATION
ART. 357. PROHIBITED PUBLICATION OF
ACTS REFERRED TO IN THE COURSE OF 1. Expressions used
OFFICIAL PROCEEDINGS 2. On the personal relations of the accused and the
offended party.
3. Circumstances surrounding the case. (People v.
ELEMENTS
Jaring)
4. Social standing and the position of the offended
a. The offender is a reporter, editor or manager of
party. (People v. Boiser)
a newspaper, daily or magazine.
5. The slander need not be heard by the offended
b. He publishes facts connected with the private
party. (People v. Clarin; People v Atencio)
life of another.
c. Such facts are offensive to the honor, virtue and
ELEMENTS
reputation of said person.
a. There must be an imputation of a crime, or a vice

The prohibition applies even though said publication be
or defect, real or imaginary, or any act, omission,
made in connection with or under the pretext that it is
condition, status or circumstances;
necessary in the narration of any judicial or administrative
b. Imputation must be made publicly;
proceedings wherein such facts have been mentioned.
c. Imputation must be malicious;
d. Imputation must be directed at a natural or
“GAG LAW”
juridical person, or one who is already dead;
The provisions of Article 357 is what so-called the “Gag
e. Imputation must tend to cause the dishonor,
Law”.
discredit or contempt of the person defamed.
(People v. Maratas)
Newspaper reports on cases pertaining to adultery,
divorce, issues about the legitimacy of children, etc., will
The imputation must be verbally made or orally uttered.
necessarily be barred from publication.
The slanderous remarks need not to be heard by the
offended party as long as they are uttered in the presence
This article requires two things to constitute a violation of
of a third person.
the prohibition:
(1) That the article published contains facts
connected with the private life of an individual;

ART. 359. SLANDER BY DEED ART. 360. PERSONS RESPONSIBLE
SLANDER BY DEED PERSONS LIABLE

A crime against honor which is committed by performing
any acts which cast, dishonor, discredit, or contempt upon (1) Any person who shall publish, exhibit or cause the
another person. publication or exhibit of any defamation in writing or
by similar means;
ELEMENTS (2) The author, editor of the book or pamphlet;
(3) The editor or business manager of newspaper or
a. That the offender performs any act not included in magazine, responsible to the same extent as if he
any other crime against honor; were the author;
b. That such act is performed in the presence of other (4) Owner of the printing plant which publishes the
persons; libelous article and all persons who in any way
c. That such act cast dishonor, discredit, or contempt participated in or have connection with its
upon the offended party. publication;
KINDS OF SLANDER BY DEED Liability of the editor is the same as that of the author.
(1) Simple slander by deed; ART. 361. PROOF OF TRUTH

(2) Grave slander by deed.
WHEN PROOF OF TRUTH IS ADMISSIBLE
Slander by deed refers to performance of an act, not use of
words. Common element of slander by deed and unjust
(1) When the act or omission imputed constitutes a
vexation is irritation or annoyance. Without any other
crime regardless whether the offended party is a
concurring factor, it is only unjust vexation.
private individual or a public officer.
(2) When the offended party is a government employee,
If the purpose is to shame or humiliate, Slander by deed.
even if the imputation does not constitute a crime,
provided it is related to the discharge of his official
If with lewd designs and circumstances provided in art
duties.
335, the crime would be acts of lasciviousness. (People v.
Motita)
REQUISITES OF DEFENSE IN DEFAMATION
The nature and effects of the maltreatment determine the

a. If it appears that the matters charged as libelous is
crime committed.
true;
b. It was published with good motives;
If the offended party suffered from shame or humiliation
c. If it is for a justifiable end;
cause by the maltreatment, it is slander by deed.
d. If the act or omission constituting a crime; and
e. If the act or omission of a public officer which,
Whether a certain slanderous act constitutes slander by
although not constituting a crime, is related to the
deed of a serious nature or not, depends on the social
discharge of his duties.
standing of the offended party, the circumstances under
which the act was committed, the occasion, etc.
Good motives and justifiable ends constitute a defense
insofar as they negative malice. There is no libel if there is
SECTION 2: GENERAL PROVISIONS no malice.
Proof of truth is not enough. It is also required that the

matter charged as libelous was published with good
motives and for justifiable ends.
Retraction may mitigate the damages. It should contain an

admission of the falsity of the libelous publication and
evince a desire to repair the wrong occasioned thereby.

The publication of the article was an honest mistake is not Offender does not avail Offender avails himself
a complete defense but serves only to mitigate damages himself of written or spoken of written or spoken
where the article is libelous per se. word in besmirching the word in besmirching
victim’s reputation. the victim’s reputation.
ART. 362. LIBELOUS REMARKS Imputation made by the Imputation made by
offender need not be public the offender must be
Libelous remarks or comments connected with the matter and malicious. public and malicious.
privileged under the provisions of Article 354, if made with Imputation made by offender Imputation made by
malice, shall not exempt the author thereof nor the editor need not be made to cause offender must be made
or managing editor of a newspaper from criminal liability. the dishonor, discredit or to cause the dishonor,
contempt of the aggrieved discredit or contempt
party. of the aggrieved party.
CHAPTER TWO: INCRIMINATORY
MACHINATIONS ART. 364. INTRIGUING AGAINST HONOR
ART. 363. INCRIMINATING INNOCENT HOW IT IS COMMITTED

PERSON
It is committed by any person who shall make any intrigue
ELEMENTS which has for its principal purpose to blemish the honor or
reputation of another.
a. That the offender performs an act;
b. That by such act he directly incriminates or INTRIGUING AGAINST HONOR
imputes to an innocent person the commission of
a crime; Any scheme or plot by means which consist of some
c. That such act does not constitute perjury. trickery. It is akin to slander by deed, in that the offender
does not avail directly of written or spoken words, pictures
Limited to acts of planting evidence and the like, which do or caricatures to ridicule his victim but of some ingenious,
not in themselves constitute false prosecution but tend crafty and secret plot, producing the same effect.
directly to cause false prosecution. (People v. Rivera)
INCRIMINATING AN INTRIGUING AGAINST
One who falsely accuses another of a crime may be held INNOCENT PERSON HONOR
liable either for liber or for perjury, depending upon the Offender performs an act Offender resorts to an
manner or form in which the act is committed. (Lu Chu by which he directly intrigue for the purpose
Sing and Lu Tian Chiong v. Lu Tiong Gui) incriminates or imputes an of blemishing the honor
innocent person the or reputation of another
INCRIMINATING PERJURY BY MAKING commission of a crime. person.
INNOCENT PERSONS FALSE ACCUSATION
Limited to the acts of Giving of false statement Intriguing Against Honor Defamation
planting evidence and the under oath or making a Source of derogatory Source is known.
like in order to incriminate false affidavit, imputing statements cannot be
an innocent person. to the person the determined.
commission of a crime. Consists of some tricky and Committed in a public
It is committed by It is committed when the secret plot. and malicious manner.
performing an act by which imputation was falsely Passes such utterances The remarks made are
the offender directly made before an office. without subscribing to the claimed to be true.
incriminates or imputes to truth of the remarks.
an innocent person the
commission of a crime. Intriguing Against
Slander
Honor
INCRIMINATING Source is not known. Source is known.
DEFAMATION
MACHINATIONS

Defendant borrows the Defendant passes the intelligence, physical condition and other circumstances
derogatory information, derogatory information to regarding person, time and place.
without subscribing to another for the purpose
the truth, passes it to of causing dishonor to SIMPLE IMPRUDENCE
another. reputation.
Consists in the lack of precaution displayed in those cases
in which the damage impending to be caused is not
QUASI-OFFENSES
immediate nor the damage clearly manifest.
CRIMINAL NEGLIGENCE ELEMENTS OF RECKLESS IMPRUDENCE
ART. 365. IMPRUDENCE AND a. That the offender does or fails to do an act;
NEGLIGENCE b. That the doing of or the failure to do that act is
voluntary;
c. That it be without malice;
FOUR WAYS OF COMMITTING QUASI-OFFENSES
d. That material damage results;
e. That there be inexcusable lack of precaution on the
(1) By committing through reckless imprudence any act
part of the person performing or failing to perform
which, had it been intentional, would constitute a
such act taking into consideration.
grave or less grave felony or light felony;
(2) By committing through simple imprudence or
*Degree of intelligence, physical condition.
negligence an act which would otherwise constitute a
grave or less serious felony;
The profession of pharmacy demands care and skill; and
(3) By causing damage to the property of another
druggist must exercise care of especially high degree, the
through reckless imprudence or simple imprudence
highest degree of care known to practical men, so that
or negligence;
human life may not constantly be exposed to the danger
(4) By causing through simple imprudence or negligence
flowing from the substitution of deadly poisons for
some wrong which, if done maliciously, would have
harmless medicine. (People v. Castillo, et al., 42 O.G. 1914).
constituted a light felony.
Art. 64, relative to mitigating and aggravating

Imprudence or negligence is not a crime in itself. It is
circumstances, is not applicable to crimes committed
simply a way of committing a crime.
through negligence.
IMPRUDENCE NEGLIGENCE
Facts: A motorist who was travelling at a speed of 15-20
They are not crimes. They kph was overtaking another vehicle when he suddenly
merely determine a lower
collided with a 60-year old woman. As a result, the old
degree of criminal
woman died.
liability. They are means
of committing a crime.
Held: Although the motorist was within the speed limit, he
Deficiency of action. Deficiency of perception.
is still guilty of reckless imprudence for not observing due
Failure in precaution. Failure in advertence care. The court had taken into consideration the
To avoid wrongful acts: To avoid wrongful acts: surrounding circumstances of persons, time and place. At
one must take the paying proper attention the time of the accident, it was dizzling and the road was
necessary precaution and using due diligence in slippery. (People v. Azaola, C.A., 47 O.G. 2458)
once they are foreseen. foreseeing them.
RECKLESS IMPRUDENCE
Consists in voluntarily, but without malice, doing or failing

to do an act from which material damage results nu 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

TEST OF NEGLIGENCE Q: Differentiate reckless impudence from simple

imprudence.
Would a prudent man, in the position of the person to A: Reckless imprudence consists in voluntary, but without
whom negligence is attributed, foresee harm to the person malice, doing or failing to do an act from which material
injured as a reasonable consequence of the course about damage results by reason of inexcusable lack of precaution
to be pursued? 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
RECKLESS IMPRUDENCE FORCE MAJEURE other circumstances regarding persons, time and place.
Immediate personal harm or Event which cannot
damage to property or be foreseen, or which On the other hand, simple imprudence consists in the lack
persons is preventable by the being foreseen is of precaution displayed in those cases in which the damage
exercise of reasonable care. inevitable. impending to be caused is not immediate nor the danger
Defendant failed to use Extraordinary clearly manifest. (Art. 365, RPC)
reasonable care to prevent circumstance
injury. independent of the R.A. No. 10951 AMENDED ART. 365
will of the actor. The penalty shall be a fine ranging from an amount equal
to the value of said damages to 3 times such value, not
• Reckless imprudence consists in doing or failing exceeding P5,000.00, if the execution of the act covered
to do an act. by Art. 365 resulted in damages to the property of another.
• The doing of the act or the failure to do the act
must be voluntary. The penalty shall be a fine not exceeding P40,000.00 and
censure shall be imposed upon any person, who, by simple
• There must be injury to person or damage to
imprudence or negligence, shall cause some wrong which,
property as a consequence of reckless or simple
if done maliciously, would have constituted a light felony.
imprudence.
DEFENSE OF CONTRIBUTORY NEGLIGENCE
Defense of contributory negligence is not applicable to

criminal cases through reckless imprudence. One cannot
allege the negligence of another to evade the effects of his
own negligence.
ELEMENTS OF SIMPLE IMPRUDENCE
a. That there is lack of precaution on the part of the

offender.
b. That the damage impending to be caused is not
immediate nor the danger clearly manifest.
THE PENALTIES PROVIDED FOR IN ARTICLE 356

ARE NOT APPLICABLE WHEN
(1) The penalty provided for the offense is equal to or

lower than those provided in the first two paragraph
of Article 365.
(2) By imprudence or negligence, and with violation of
the Automobile Law, the death of a person shall be
caused.
Qualifying circumstance: when the offender fails to lend

help to the injured parties.

ANTI-ARSON LAW (PD 1613, AS

AMENDED BY PD 1744)
ARSON; PUNISHABLE ACTS
(1) burning or setting fire to the property of another

(2) setting fire to own property under circumstances
which expose to danger the life or propery of
another (Sec. 1, PD 1613)
DESTRUCTIVE ARSON
Where the property is burned with:

(1) Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored;
(2) Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social
services;
(3) Any church or place of worship or other building
SPECIAL PENAL where people usually assemble;

(4) Any train, airplane or any aircraft, vessel or
LAWS
watercraft, or conveyance for transportation of
persons or property;
(5) Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceedings;
(6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building;
(7) Any building, whether used as a dwelling or not,
situated in a populated or congested area. (Sec. 2,
PD 1613)
OTHER CASES OF ARSON
Where the property burned is:

(1) Any building used as offices of the government or
any of its agencies;
(2) Any inhabited house or dwelling;
(3) Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
(4) Any plantation, farm, pastureland, growing crop,
grain field, orchard, bamboo grove or forest;
(5) Any rice mill, sugar mill, cane mill or mill central;
(6) Any railway or bus station, airport, wharf or
warehouse. (Sec. 3, PD 1613)
SPECIAL AGGRAVATING CIRCUMSTANCES
(1) If committed with intent to gain;

(2) If committed for the benefit of another;

(3) If the offender is motivated by spite or hatred

Crimes with a lesser Heinous crimes for being
towards the owner or occupant of the property
degree of perversity and grievous, odious and hateful.
burned;
viciousness that the law There is an inherent or
(4) If committed by a syndicate (planned or carried out
punishes with a lesser manifest wickedness,
by a group of 3 or more persons)
penalty viciousness, atrocity and
perversity
NOTE: The penalty shall be imposed in its maximum
period. (Sec. 4, PD 1613) Contemplates crime with Contemplates crime with a
a lesser significant social, great significant social,
Q: What crime is committed when both death and economic, political, and economic, political, and
burning occur? natural security natural security
A: It depends. The main objective of the accused is to be implications. implications.
examined.
(1) If the main objective is the burning of the building or Acts falling under Simple Arson may nevertheless be
edifice, but death results by reason or on the converted into Destructive Arson depending on the
occasion of arson, the crime is simply arson, and the qualifying circumstances present. (People vs. Macabando)
resulting homicide is absorbed.
(2) If, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice,
ANTI-CHILD PORNOGRAPHY LAW
when fire is resorted to as the means to accomplish
such goal the crime committed is murder only. (R.A. NO. 9775)
(3) Lastly, if the objective is, likewise, to kill a particular
person, and in fact the offender has already done so, CHILD
but fire is resorted to as a means to cover up the Refers to a person:
killing, then there are two separate and distinct (1) Below eighteen (18) years of age or;
crimes committed — homicide/murder and arson (2) Over, 18 years of age but is unable to fully take care
(People v Cacho) of himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
If by reason of or on the occasion of the arson death physical or mental disability or condition.
results, the penalty of Reclusion Perpetua to death shall be
imposed. (Sec. 5, PD 1613). A child shall also refer to:
(1) A person regardless of age who is presented,
There is no complex crime of arson with homicide because depicted or portrayed as a child as defined herein;
the crime of arson absorbs the resultant death or is a (2) Computer-generated, digitally or manually crafted
separate crime altogether. (People v. Malngan) images or graphics of a person who is represented
or who is made to appear to be a child as defined
HOW TO PROVE ARSON herein.
Establish:
(1) The corpus delicti, that is, a fire because of criminal CHILD PORNOGRAPHY
agency; Any representation, whether visual, audio, or written
(2) The identity of the defendant as the one combination thereof, by electronic, mechanical, digital,
responsible for the crime. optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities.
Corpus delicti is satisfied by proof of the bare fact of the
fire and of it having been intentionally caused. Even the EXPILICIT SEXUAL ACTIVITY
uncorroborated testimony of a single eyewitness, if
credible, is enough to prove the corpus delicti and to Includes actual or simulated –
warrant conviction. (Gonzales v. People) (1) Sexual intercourse or lascivious acts including
contact involving genital to genital, oral to genital,
SIMPLE ARSON V. DESTRUCTIVE ARSON anal to genital, or oral to anal, whether between
persons of the same or opposite sex;
Simple Arson Destructive Arson
(2) Bestiality;
PD 1613 Article 320, RPC (3) Masturbation;
(4) Sadistic or masochistic abuse;

(5) Lascivious exhibition of the genitals, buttocks, NOTE: The crime of child pornography is deemed
breasts, pubic area and/or anus; or committed by a syndicate if carried out by a group
(6) Use of any object or instrument for lascivious acts of three (3) or more persons conspiring or
confederating with one another.
UNLAWFUL OR PROHIBITED ACTS
(14) Willfully and knowingly failing to comply with the
It shall be unlawful for any person: notice and installation requirements of an internet
(1) To hire, employ, use, persuade, induce or coerce a service provider (Sec. 9, RA 9775);
child to perform in the creation or production of (15) Willfully and knowingly failing to comply with the
any form of child pornography; notice requirements by any mall owner- operator
(2) To produce, direct, manufacture or create any and owner or lessor of other business
form of child pornography; establishments (Sec. 10, RA 9775);
(3) To publish offer, transmit, sell, distribute, (16) Knowingly, willfully and intentionally violating
broadcast, advertise, promote, export or import duties of an internet content host (Sec. 11, RA 9775);
any form of child pornography; (17) Violation of the right to privacy of the child at any
(4) To possess any form of child pornography with the stage of the investigation, prosecution and trial of
intent to sell, distribute, publish, or broadcast: an offense under this Act (Sec. 13, RA 9775).
Provided. That possession of three (3) or more
articles of child pornography of the same form
shall be prima facie evidence of the intent to sell, ANTI-FENCING LAW (PD 1612)
distribute, publish or broadcast;
FENCING; DEFINED
NOTE: Possession of three (3) or more articles of
The act of any person who, with intent to gain for himself
child pornography of the same form shall be prima
or for another, shall buy, receive, possess, keep, acquire,
facie evidence of the intent to sell, distribute,
conceal, sell or dispose of, or shall buy and sell, or in any
publish or broadcast.
other manner deal in any article, item, object or anything
of value which he knows, or should be known to him, to
(5) To knowingly, willfully and intentionally provide a
have been derived from the proceeds of the crime of
venue for the commission of prohibited acts as, but
robbery or theft. (Sec. 2, PD 1612)
not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting
FENCE; DEFINED
to be a legitimate business;
Includes any person, firm, association corporation or
(6) For film distributors, theaters and
partnership or other organization who/which commits
telecommunication companies, by themselves or
the act of fencing. (Sec. 2, PD 1612)
in cooperation with other entities, to distribute any
form of child pornography;
PRESUMPTION OF FENCING
(7) For a parent, legal guardian or person having
Mere possession of any good, article, item, object, or
custody or control of a child to knowingly permit
anything of value which has been the subject of robbery or
the child to engage, participate or assist in any
thievery shall be prima facie evidence of fencing. (Sec. 5,
form of child pornography;
PD 1612)
(8) To engage in the luring or grooming of a child;
(9) To engage in pandering of any form of child
Except when there is a clearance of permit to sell.
pornography;
(10) To willfully access any form of child pornography;
NOTE: All stores, establishments or entities dealing in the
(11) To conspire to commit any of the prohibited acts
buy and sell of any good, article item, object of anything of
stated in this section. Conspiracy to commit any
value obtained from an unlicensed dealer or supplier
form of child pornography shall be committed
thereof, shall secure the necessary clearance or permit
when two (2) or more persons come to an
from the station commander of the Integrated National
agreement concerning the commission of any of
Police in the town or city where such store, establishment
the said prohibited acts and decide to commit it;
or entity is located, before offering the same for sale to the
(12) To possess any form of child pornography (Sec. 4,
public.
RA 9775);
(13) Syndicated child pornography (Sec. 5, RA 9775);
The Chief of Constabulary/Director General, Integrated
National Police shall promulgate such rules and
regulations to carry out the provisions of this section.

NOTE: The accused must have acted for a
Any person who fails to secure the clearance or permit consideration and had intended to obtain personal
required by this section or who violates any of the gain or advantage.
provisions of the rules and regulations promulgated
thereunder shall upon conviction be punished as a fence. (B) Directly or indirectly requesting or receiving any gift,
(Sec. 6, PD 1612) present, share, percentage, or benefit, for himself or
for any other person, in connection with any contract
ELEMENTS OF FENCING or transaction between the Government and any other
part, wherein the public officer in his official capacity
a. A robbery or theft has been committed; has to intervene under the law.
b. The accused, who took no part in the robbery or
theft, buys, receives, possesses, keeps, acquires, NOTE: Public officer liable under Sec. 3(b) are those,
conceals, sells or disposes, or buys and sells, or in who in his official capacity, has to intervene under the
any manner deals in any article or object taken law in any contract or transaction between the
during that robbery or theft; Government and any other party.
c. The accused knows or should have known that the
thing derived from that crime; and Elements:
d. He intends by the deal he makes to gain for himself a. The offender is a public officer;
or for another (Cahulogan vs. People) b. He requested and/or received, directly or
indirectly, a gift, present or consideration;
FENCING IS A SEPARATE OFFENSE FROM ROBBERY c. The gift, present or consideration was for the
benefit of the said public officer or for any other
The crimes of robbery and fencing are 2 distinct offenses. person;
d. It was requested and/or received in connection
The law on fencing does not require the accused to have with a contract or transaction with the
participated in the criminal design to commit, or to have Government; and
been in any wise involved in the commission of, the crime e. The public officer has the right to intervene in
of robbery or theft. Neither is the crime of robbery or theft such contract or transaction in his official
made to depend on an act of fencing in order that it can be capacity.
consummated. (People v. De Guzman)
Q: Hilario, an Assistant Principal, informed the
ANTI-GRAFT AND CORRUPT PRACTICES classroom teachers of the approval of the release of
ACT (RA 3019, AS AMENDED) their salary differentials. They all agreed that Hilario
would follow-up the papers in Manila in exchange for
an amount of money. Is Hilario liable for violating
WHO ARE COVERED Sec. 3(b) of RA 3019?
(1) Public Officers (Sec. 3); A: NO. While Hilario indeed is a public officer and he
(2) Private Individuals (Sec. 4); received amounts from the classroom teachers which
(3) Certain Relatives (Sec. 5); were in the concept of a gift or benefit, his position did
(4) Members of the Congress (Sec. 6); not vest him with the power to intervene in the
payment of the salary differentials of the classroom
CORRUPT PRACTICES OF PUBLIC OFFICERS teachers. In his official capacity as assistant principal,
he is not required by law to intervene in the payment
(A) 1. Persuading, inducing or influencing another public of the salary differentials.
officer to:
i. perform an act constituting a violation of Sec. 3(b) of RA 3019, refers to a public officer whose
rules and regulations duly promulgated by official intervention is required by law in a contract or
competent authority or transaction. Hilario does not fall within this purview,
ii. an offense in connection with the official thus he cannot be said to have violated the law.
duties of the latter, (Jaravata vs. Sandiganbayan)
2. Allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(C) Directly or indirectly requesting or receiving any gift, administrative, judicial or official functions;
present or other pecuniary or material benefit, for b. He must have acted with manifest partiality,
himself or for another, from any person for whom the evident bad faith or inexcusable negligence; and
public officer, in any manner or capacity, has secured c. That his action caused any undue injury to any
or obtained, or will secure or obtain, any Government party, including the government;
permit or license, in consideration for the help given d. That such injury is caused by giving unwarranted
or to be given, without prejudice to Section 13. benefits, advantage or preference to such
parties; and
Elements: e. That the public officers have acted with manifest
a. The accused is a public officer; partiality, evident bad faith or gross inexcusable
b. That in any manner or capacity he secured or negligence.
obtained, or would secure or obtain, for a person
any government permit or license; (F) Neglecting or refusing, after due demand or request,
c. That he directly or indirectly requested or without sufficient justification, to act within a
received from said person any gift, present or reasonable time on any matter pending before him for
other pecuniary or material bene t for himself or the purpose of obtaining, directly or indirectly, from
for another; and any person interested in the matter some pecuniary or
d. That he requested or received the gift, present or material benefit or advantage, or for the purpose of
other pecuniary or material benefit in favoring his own interest or giving undue advantage in
consideration for the help given or to be given. favor of or discriminating against any other interested
(Tecson vs. Sandiganbayan). party.
(D) Accepting or having any member of his family accept Elements:

employment in a private enterprise which has pending a. Offender is a public officer;
official business with him during the pendency thereof b. Public officer neglected or refused to act without
or within one year after its termination. sufficient justification after due demand or
request has been made on him;
Elements: c. Reasonable time has elapsed from such demand
a. The public officer accepted, or having any of his or request without the public officer having
family member accept any employment in a acted on the matter pending before him; and
private enterprise; d. Such failure to act is for the purpose of:
b. Such private enterprise has a pending official i. Obtaining (directly or indirectly) from any
business with the public officer; and person interested in the matter some
c. It was accepted during: pecuniary or material benefit or advantage;
i. The pendency thereof; or ii. Favoring his own interest; or
ii. Within 1 year after its termination. iii. Giving undue advantage in favor of; or
iv. Discriminating against any other interested
(E) Causing any undue injury to any party, including the party
Government, or giving any private party any
unwarranted benefits, advantage or preference in the (G) Entering, on behalf of the Government, into any
discharge of his official administrative or judicial contract or transaction manifestly and grossly
functions through manifest partiality, evident bad faith disadvantageous to the same, whether or not the
or gross inexcusable negligence. This provision shall public officer profited or will profit thereby.
apply to officers and employees of offices or
government corporations charged with the grant of Elements:
licenses or permits or other concessions. a. Accused is a public officer;
b. The public officer entered into a contract or
NOTE: The last sentence of Sec. 3€ does not make a transaction on behalf of the government; and
distinction, it merely emphasized that officers and c. Such contract or transaction is grossly and
employees included are covered. The provision applies manifestly disadvantageous to the
to any public officer. government.
Elements: (H) Director or indirectly having financing or pecuniary

a. The accused must be a public officer discharging interest in any business, contract or transaction in

connection with which he intervenes or takes part in

his official capacity, or in which he is prohibited by the A: YES. There is no double jeopardy for a charge or
Constitution or by any law from having any interest. conviction under R.A. No. 3019 and the RPC for the same
delictual act. The violation of Sec. 3(b) is neither identical
NOTE: There are two modes of violating 3(h): nor necessarily inclusive of direct bribery. While they have
common elements, not all the essential elements of one
Elements of 1st mode of 3(H): form part of the other. The same act or transaction gave
a. The accused is a public officer; rise to two separate and distinct offenses. (Merencillo vs.
b. He has a direct or indirect financial or pecuniary People)
interest in any business, contract, or transaction,
whether or not prohibited by law; and ANTI-HAZING ACT OF 2018
c. He intervenes or takes part in his official capacity
(RA 8049, AS AMENDED)
in connection with such interest.
HAZING
Elements of 2nd mode of 3(H)
An initiation rite or practice as a prerequisite for admission
a. The accused is a public officer;
into membership in a fraternity, sorority or organization
b. He has a direct or indirect financial or pecuniary
by placing the recruit, neophyte or applicant in some
interest in any business, contract or transaction;
embarrassing or humiliating situations such as forcing him
c. He is prohibited from having such interest by the
to do menial, silly, foolish and other similar tasks or
Constitution or any law
activities or otherwise subjecting him to physical or
psychological suffering or injury. (Sec. 1, RA 8049)
(I) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
WHEN INITIATION RITES ALLOWED
transaction or act requiring the approval of a board,
No hazing or initiation rites in any form or manner by a
panel or group of which he is a member, and which
fraternity, sorority or organization shall be allowed
exercises discretion in such approval, even if he votes
without prior written notice to the school authorities or
against the same or does not participate in the action
head of organization 7 days before such initiation.
of the board, committee, panel or group.
The written notice shall:

Interest for personal gain shall be presumed against
(1) indicate the period of the initiation activities which
those public officers responsible for the approval of
shall not exceed three (3) days,
manifestly unlawful, inequitable, or irregular
(2) include the names of those to be subjected to such
transaction or acts by the board, panel or group to
activities,
which they belong.
(3) further contain an undertaking that no physical
violence be employed by anybody during such
(J) Knowingly approving or granting any license, permit,
initiation rites. (Sec. 2, RA 8049)
privilege or benefit in favor of:
i. any person not qualified for or not legally
The head of the school or organization or their
entitled to such license, permit, privilege or
representatives must assign at least two (2)
ii. advantage, or of a mere representative or
representatives of the school or organization, as the case
dummy of one who is not so qualified or
may be, to be present during the initiation. It is the duty of
entitled.
such representative to see to it that no physical harm of
any kind shall be inflicted upon a recruit, neophyte or
(K) 1. Divulging valuable information of:
applicant. (Sec. 3, RA 8049)
i. confidential character
ii. acquired by his office or by him on account of his
PUNISHABLE ACTS AND PENALTIES
official position to unauthorized persons, or
If the person subjected to hazing or other forms of

2. Releasing such information in advance of its
initiation rites suffers any physical injury or dies as a result
authorized release date. (Sec. 3, RA 3019)
thereof, the officers and members of the fraternity,
Q: Can an accused be convicted of both Direct Bribery sorority or organization who actually participated in the
and a violation of Sec. 3(b) of RA 3019 arising from the infliction of physical harm shall be liable as principals.
same transaction? (Sec. 4, RA 8049)

The responsible officials of the school or of the police, he prevented the commission of the acts punishable
military or citizen's army training organization, may herein.
impose the appropriate administrative sanctions on the
person or the persons charged even before their (E) Any person charged under this provision shall not be
conviction. The maximum penalty shall be imposed in any entitled to the mitigating circumstance that there was
of the following instances: no intention to commit so grave a wrong.
(1) When the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the (F) This section shall apply to the president, manager,
person of the recruit who refuses to join; director or other responsible officer of a corporation
(2) When the recruit, neophyte or applicant initially engaged in hazing as a requirement for employment in
consents to join but upon learning that hazing will the manner provided herein.
be committed on his person, is prevented from
quitting; ANTI-HIJACKING LAW (RA 6235)
(3) When the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the PUNISHABLE ACTS
proper school authorities, or to the police
authorities, through force, violence, threat or It shall be unlawful for any person to:
intimidation; (1) Compel a change in the course or destination of an
(4) When the hazing is committed outside of the aircraft of Philippine registry, or to seize or usurp the
school or institution; or control thereof, while it is in flight. An aircraft is in
(5) When the victim is below twelve (12) years of age at flight from the moment all its external doors are
the time of the hazing. (Sec. 4, RA 8049) closed following embarkation until any of such doors
is opened for disembarkation (Sec. 1, RA 6235).
WHO CAN BE HELD RESPONSIBLE
NOTE: An aircraft is in flight from the moment all of its
(A) The owner of the place where hazing is conducted shall external doors are closed following embarkation until any
be liable as an accomplice, when he has actual of such doors is opened for disembarkation.
knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring. If Defense that the plane is not in flight during the
the hazing is held in the home of one of the officers or commission of any of the punishable acts under R.A. 6235
members of the fraternity, group, or organization, the is untenable.
parents shall be held liable as principals when they
have actual knowledge of the hazing conducted therein (2) To compel an aircraft of foreign registry to land in
but failed to take any action to prevent the same from Philippine territory or to seize or usurp the control
occurring. thereof while it is within the said territory (Sec. 1).
(3) To ship, load or carry in any passenger aircraft
(B) The school authorities including faculty members who operating as a public utility within the Philippines,
consent to the hazing or who have actual knowledge and explosive, flammable, corrosive or poisonous
substance or material (Sec. 3, RA 6235).
thereof, but failed to take any action to prevent the same
from occurring shall be punished as accomplices for the
acts of hazing committed by the perpetrators. AGGRAVATING CIRCUMSTANCES
(C) The officers, former officers, or alumni of the When the person committing the violation employed any
of the following circumstances:
organization, group, fraternity or sorority who actually
(1) Whenever he has fired upon the pilot, member of
planned the hazing although not present when the acts
the crew or passenger of the aircraft;
constituting the hazing were committed shall be liable as
(2) Whenever he has exploded or attempted to
principals. A fraternity or sorority's adviser who is
explode any bomb or explosive to destroy the
present when the acts constituting the hazing were
aircraft; or
committed and failed to take action to prevent the same
(3) Whenever the crime is accompanied by murder,
from occurring shall be liable as principal.
homicide, serious physical injuries or rape. (Sec. 2,
RA 6235).
(D) The presence of any person during the hazing is prima
facie evidence of participation therein as principal unless
(2) To copy or reproduce, or to cause to be copied or

ANTI-PHOTO AND VIDEO reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
VOYEURISM ACT (RA 9995)
(3) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
DEFINITION OF TERMS it be the original copy or reproduction thereof; or
(4) To publish or broadcast, or cause to be published or
“BROADCAST" means to make public, by any means, a broadcast, whether in print or broadcast media, or show
visual image with the intent that it be viewed by a person or exhibit the photo or video coverage or recordings of
or persons. such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar
means or device.
"CAPTURE" with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
NOTE: The prohibition under paragraphs (2), (3) and (4)
shall apply notwithstanding that consent to record or
"PHOTO OR VIDEO VOYEURISM" means:
take photo or video coverage of the same was given by
i. the act of taking photo or video coverage of a person
such person/s.
or group of persons performing sexual act or any
similar activity or;
ii. capturing an image of the private area of a person or ANTI-PLUNDER ACT
persons without the latter's consent, under (RA 7080, AS AMENDED)
circumstances in which such person/s has/have a
reasonable expectation of privacy; or PUBLIC OFFICER
iii. the act of selling, copying, reproducing, Any person holding any public office in the Government of
broadcasting, sharing, showing or exhibiting the the Republic of the Philippines by virtue of an
photo or video coverage or recordings of such sexual appointment, election or contract. (Sec. 1, RA 7080)
act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device
NATIONAL GOVERNMENT
Includes the National Government, and any of its
Without the written consent of the person/s involved,
subdivisions, agencies or instrumentalities, including
notwithstanding that consent to record or take photo or
government-owned or -controlled corporations and their
video coverage of same was given by such person's.
subsidiaries. (Sec. 1, RA 7080)
"UNDER CIRCUMSTANCES IN WHICH A PERSON HAS A

PERSON
REASONABLE EXPECTATION OF PRIVACY" means Includes any natural or juridical person, unless the context
i. belief that he/she could disrobe in privacy, indicates otherwise. (Sec. 1, RA 7080)
without being concerned that an image or a private
area of the person was being captured; or
ILL-GOTTEN WEALTH
ii. circumstances in which a reasonable person would
Any asset, property, business enterprise or material
believe that a private area of the person would not
possession of any person, acquired by him directly or
be visible to the public,
indirectly through dummies, nominees, agents,
Regardless of whether that person is in a public or private
subordinates and/or business associates by any
place
combination or series of the following means or similar
PROHIBITED ACTS
schemes:
(1) To take photo or video coverage of a person or group of (1) Through misappropriation, conversion, misuse, or
persons performing sexual act or any similar activity or malversation of public funds or raids on the public
to capture an image of the private area of a person/s treasury;
such as the naked or undergarment clad genitals, public (2) By receiving, directly or indirectly, any
area, buttocks or female breast without the consent of commission, gift, share, percentage, kickbacks or
the person/s involved and under circumstances in any other form of pecuniary benefit from any
which the person/s has/have a reasonable expectation person and/or entity in connection with any
of privacy; government contract or project or by reason of the
office or position of the public officer concerned;

(3) By the illegal or fraudulent conveyance or project or by reason of the office or position
disposition of assets belonging to the National of the public officer concerned;
Government or any of its subdivisions, agencies or iii. by the illegal or fraudulent conveyance or
instrumentalities or government-owned or - disposition of assets belonging to the
controlled corporations and their subsidiaries; National Government or any of its
(4) By obtaining, receiving or accepting directly or subdivisions, agencies or instrumentalities of
indirectly any shares of stock, equity or any other government-owned or -controlled
form of interest or participation including promise corporations or their subsidiaries;
of future employment in any business enterprise or iv. by obtaining, receiving or accepting directly
undertaking; or indirectly any shares of stock, equity or
(5) By establishing agricultural, industrial or any other form of interest or participation
commercial monopolies or other combinations including the promise of future employment
and/or implementation of decrees and orders in any business enterprise or undertaking;
intended to benefit particular persons or special v. by establishing agricultural, industrial or
interests; or commercial monopolies or other
(6) By taking undue advantage of official position, combinations and/or implementation of
authority, relationship, connection or influence to decrees and orders intended to benefit
unjustly enrich himself or themselves at the particular persons or special interests;
expense and to the damage and prejudice of the vi. by taking undue advantage of official
Filipino people and the Republic of the Philippines. position, authority, relationship, connection
(Sec. 1, RA 7080) or influence to unjustly enrich himself or
themselves at the expense and to the damage
PLUNDER and prejudice of the Filipino people and the
Republic of the Philippines; and
“PLUNDER” is a crime committed by a public officer by c. That the aggregate amount or total value of the ill-
himself or in connivance with members of his family, gotten wealth amassed, accumulated or acquired is at
relatives by affinity or consanguinity, business associates, least P50 million (Enrile v. People)
subordinates or other persons, by amassing, accumulating
or acquiring ill-gotten wealth through a combination or RULE OF EVIDENCE
series of overt acts in the aggregate amount or total value
of at least P50 million It shall not be necessary to prove each and every criminal
act done by the accused in furtherance of the scheme or
Any person who participated with the said public officer in conspiracy to amass, accumulate or acquire ill- gotten
the commission of an offense contributing to the crime of wealth, it being sufficient to establish beyond reasonable
plunder shall likewise be punished for such offense. (Sec. doubt a pattern of overt or criminal acts indicative of the
2, RA 7080, as amended by RA 7659) overall unlawful scheme or conspiracy. (Sec. 4, RA 7080)
ELEMENTS OF PLUNDER
ANTI-SEXUAL HARASSMENT ACT
(RA 7877)
a. 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; WORK, EDUCATION OR TRAINING-RELATED
b. That he amassed, accumulated or acquired ill- SEXUAL HARASSMENT
gotten wealth through a combination or series of the
following overt or criminal acts: PERSONS LIABLE
i. through misappropriation, conversion, mis
use, or malversation of public funds or raids (1) In a work, education or training-related
on the public treasury; environment, sexual harassment may be committed
ii. by receiving, directly or indirectly, any by an:
commission, gift, share, percentage, a. an employer, employee, manager, supervisor,
kickback or any other form of pecuniary agent of the employer,
benefits from any person and/or entity in b. teacher, instructor, professor, coach, trainor,
connection with any government contract or c. or any other person who, having authority,
influence or moral ascendancy over another in employer or head of office, educational or training
a work or training or education environment institution is informed of such acts by the offended party
(2) Demands requests or otherwise requires any sexual and no immediate action is taken. (Sec. 5, RA 7877)
favor from the other, regardless of whether the
demand, request or requirement for submission is THREE-FOLD LIABILITY RULE
accepted by the object of said Act.
An action of sexual harassment may give rise to civil,
WHEN COMMITTED criminal, and administrative liability on the part of the
offender, and each proceeding can proceed independently
(A) In a work-related or employment environment, of the others. (Domingo v. Rayala)
sexual harassment is committed when:
i. The sexual favor is made as a condition in: ANTI-TORTURE ACT (RA 9745)
a. the hiring or in the employment, re-
employment or continued employment of DEFINITIONS
said individual, or
b. in granting said individual favorable “TORTURE” Refers to an act by which severe pain or
compensation, terms of conditions, suffering, whether physical or mental, is intentionally
promotions, or privileges; or inflicted on a person for such purposes as:
c. the refusal to grant the sexual favor results a. obtaining from him/her or a third person
in limiting, segregating or classifying the information or a confession;
employee which in any way would b. punishing him/her for an act he/she or a third
discriminate, deprive or diminish person has committed or is suspected of having
employment opportunities or otherwise committed; or
adversely affect said employee; c. intimidating or coercing him/her or a third
ii. The above acts would impair the EE's rights or person; or
privileges under existing labor laws; or d. for any reason based on discrimination of any kind,
iii. The above acts would result in an intimidating, when such pain or suffering is inflicted by or
hostile, or offensive environment for the e. at the instigation of or with the consent or
employee. acquiescence of a person in authority or agent of a
person in authority.
(B) In an education or training environment, sexual
harassment is committed NOTE: It does not include pain or Buffering arising only
i. Against one who is under the care, custody or from, inherent in or incidental to lawful sanctions.
supervision of the offender;
ii. Against one whose education, training,
“OTHER CRUEL, INHUMAN AND DEGRADING
apprenticeship or tutorship is entrusted to the
TREATMENT OR PUNISHMENT” Refers to:
offender;
a. a deliberate and aggravated treatment or
iii. When the sexual favor is made a condition to
punishment not enumerated under Section 4 of
the giving of a passing grade, or the granting of
this Act,
honors and scholarships, or the payment of a
b. Inflicted by a person in authority or agent of a
stipend, allowance or other benefits, privileges,
person in authority against a person under his/her
or consideration; or
custody,
iv. When the sexual advances result in an
c. which attains a level of severity causing suffering,
intimidating, hostile or offensive environment
gross humiliation or debasement to the latter.
for the student, trainee or apprentice.
ACTS OF TORTURE
(C) When any person directs or induces another to
commit any act of sexual harassment as defined, or
cooperates in the commission thereof without which (1) Physical torture is a form of punishment that causes
it would not have been committed (Sec. 3, RA 7877) severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
The employer or head of office, educational or training A. Systematic beating, headbanging, punching,
institution shall be solidarily liable for damages arising kicking, striking with truncheon or rifle butt or
from the acts of sexual harassment committed if the other similar objects, and jumping on the
stomach;
B. Food deprivation or forcible feeding with spoiled I. Denial of sleep or rest;

food, animal or human excreta and other stuff or J. Shame infliction such as stripping the person
substances not normally eaten; naked, parading him/her in public places,
C. Electric shock; shaving the victim's head or putting marks on
D. Cigarette burning; burning by electrically heated his/her body against his/her will;
rods, hot oil, acid; by the rubbing of pepper or K. Deliberately prohibiting the victim to
other chemical substances on mucous communicate with any member of his/her
membranes, or acids or spices directly on the family;
wound(s); L. Other analogous acts of mental/psychological
E. The submersion of the head in water or water torture. (Sec. 3, RA 9745)
polluted with excrement, urine, vomit and/or
blood until the brink of suffocation; (3) Other Cruel, Inhuman and Degrading Treatment or
F. Being tied or forced to assume fixed and stressful Punishment (Sec. 5, RA 9745)
bodily position;
G. Rape and sexual abuse, including the insertion of APPLICATION
foreign objects into the sex organ or rectum, or
electrical torture of the genitals; RULE: Torture and other cruel, inhuman and degrading
H. Mutilation or amputation of the essential parts of treatment or punishment as criminal acts shall apply to all
the body such as the genitalia, ear, tongue, etc.; circumstances.
I. Dental torture or forced extraction of the teeth;
J. Pulling out of fingernails; A state of war or a threat of war, internal political
K. Harmful exposure to the elements such as instability, or any other public emergency, or a document
sunlight and extreme cold; or any determination comprising an "order of battle" shall
L. The use of plastic bag and other materials placed not and can never be invoked as a justification for torture
over the head to the point of asphyxiation; and other cruel, inhuman and degrading treatment or
M. The use of psychoactive drugs to change the punishment. (Sec. 6, RA 9745)
perception, memory. alertness or will of a
person, such as:
EXCLUSIONARY RULE
i. The administration or drugs to induce
confession and/or reduce mental
GENERAL RULE: Any confession, admission or statement
competency; or
obtained as a result of torture shall be inadmissible in
ii. The use of drugs to induce extreme pain
evidence in any proceedings.
or certain symptoms of a disease;
N. Other analogous acts of physical torture; (Sec. 3,
EXCEPTION: If the same is used as evidence against a
RA 9745)
person or persons accused of committing torture (Sec. 8,
RA 9745).
(2) Mental/Psychological Torture are acts committed
calculated to affect or confuse the mind and/or
TORTURE AS A SEPARATE AND INDEPENDENT CRIME
undermine a person's dignity and morale, such as:
A. Blindfolding;
Torture as a crime shall not absorb or shall not be absorbed
B. Threatening persons or his/her relatives with
by any other crime or felony committed as a consequence,
bodily harm, execution or other wrongful acts;
or as a means in the conduct or commission thereof. In
C. Confinement in solitary cells or secret detention
which case, torture shall be treated as a separate and
places;
independent criminal act whose penalties shall be
D. Prolonged interrogation;
imposable without prejudice to any other criminal liability
E. Preparing a prisoner for a "show trial", public
provided for by domestic and international laws (Sec. 15,
display or public humiliation of a detainee or
RA 9745).
prisoner;
F. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be
summarily executed;
G. Maltreating a member/s of a person's family;
H. Causing the torture sessions to be witnessed by
the person's family, relatives or any third party;
ANTI-TRAFFICKING IN PERSONS ACT “SLAVERY” - the status or condition of a person over

whom any or all of the powers attaching to the right of
(RA 9208, AS AMENDED)
ownership are exercised (Sec. 3, as amended).
DEFINITION
“INVOLUNTARY SERVITUDE” –a condition of enforced
and compulsory service induced by means of any scheme,
“TRAFFICKING IN PERSONS” –
plan or pattern, intended to cause a person to believe that
a. recruitment, obtaining, hiring, providing, offering, if he or she did not enter into or continue in such
transportation, transfer, maintaining, harboring, or condition, he or she or another person would suffer
receipt of persons with or without the victim’s serious harm or other forms of abuse or physical restraint,
consent or knowledge, within or across national or threat of abuse or harm, or coercion including depriving
borders access to travel documents and withholding salaries, or
b. by means of threat, or use of force, or other forms the abuse or threatened abuse of the legal process. (Sec. 3,
of coercion, abduction, fraud, deception, abuse of as amended).
power or of position, taking advantage of the
vulnerability of the person, or, the giving or
“SEX TOURISM” - a program organized by travel and
receiving of payments or benefits to achieve the
tourism-related establishments and individuals which
consent of a person having control over another
consists of tourism packages or activities, utilizing and
person
offering escort and sexual services as enticement for
c. for the purpose of exploitation which includes at a
tourists. This includes sexual services and practices
minimum, the exploitation or the prostitution of
offered during rest and recreation periods for members of
others or other forms of sexual exploitation, forced
the military (Sec. 3, as amended).
labor or services, slavery, servitude or the removal
or sale of organs.
“SEXUAL EXPLOITATION” – refers to:
a. participation by a person in prostitution,
NOTE: The recruitment, transportation, transfer,
pornography or the production of pornography, in
harboring, adoption or receipt of a child for the purpose of
exchange for money, profit or any other
exploitation or when the adoption is induced by any form
consideration or
of consideration for exploitative purposes shall also be
b. where the participation is caused or facilitated by
considered as ‘trafficking in persons’ even if it does not
any means of intimidation or threat, use of force,
involve any of the means set forth in the preceding
or other forms of coercion, abduction, fraud,
paragraph (Sec. 3, as amended).
deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the
“CHILD” - a person:
vulnerability of the person, or giving or receiving of
a. below eighteen (18) years of age or payments or benefits to achieve the consent of a
b. one who is over eighteen (18) but is unable to fully person having control over another person; or
take care of or protect himself/herself from abuse, c. in sexual intercourse or lascivious conduct caused
neglect, cruelty, exploitation, or discrimination or facilitated by any means as provided in this Ac
because of a physical or mental disability or (Sec. 3, as amended).
condition (Sec. 3, as amended).
“DEBT BONDAGE” - the pledging by the debtor of his/her
“PROSTITUTION” - any act, transaction, scheme or design personal services or labor or those of a person under
involving the use of a person by another, for sexual his/her control as security or payment for a debt, when
intercourse or lascivious conduct in exchange for money, the length and nature of services is not clearly defined or
profit or any other consideration (Sec. 3, as amended). when the value of the services as reasonably assessed is
not applied toward the liquidation of the debt (Sec. 3, as
“ FORCED LABOR” - the extraction of work or services amended).
from any person by means of enticement, violence,
intimidation or threat, use of, force or coercion, including “PORNOGRAPHY” - any representation, through
deprivation of freedom, abuse of authority or moral publication, exhibition, cinematography, indecent shows,
ascendancy, debt-bondage or deception including any information technology, or by whatever means, of a person
work or service extracted from any person under the engaged in real or simulated explicit sexual activities or
menace of penalty (Sec. 3, as amended). any representation of the sexual parts of a person for
primarily sexual purposes (Sec. 3, as amended).

PUNISHABLE ACTS such labor or services, he or she or another

person would suffer serious harm or physical
(1) Acts of Trafficking of Persons (Sec. 4, as amended). restraint; or
a. To recruit, obtain, hire, provide, offer, transport, ii. To abuse or threaten the use of law or the
transfer, maintain, harbor, or receive a person by legal processes; and
any means, including those done under the pretext
of domestic or overseas employment or training or k. To recruit, transport, harbor, obtain, transfer,
apprenticeship, for the purpose of prostitution, maintain, hire, offer, provide, adopt or receive a
pornography, or sexual exploitation; child for purposes of exploitation or trading them,
b. To introduce or match for money, profit, or including but not limited to, the act of baring
material, economic or other consideration, any and/or selling a child for any consideration or for
person or, as provided for under Republic Act No. barter for purposes of exploitation. Trafficking for
6955, any Filipino woman to a foreign national, for purposes of exploitation of children shall include:
marriage for the purpose of acquiring, buying, i. All forms of slavery or practices similar to
offering, selling or trading him/her to engage in slavery, involuntary servitude, debt bondage
prostitution, pornography, sexual exploitation, and forced labor, including recruitment of
forced labor, slavery, involuntary servitude or debt children for use in armed conflict;
bondage; ii. The use, procuring or offering of a child for
c. To offer or contract marriage, real or simulated, for prostitution, for the production of
the purpose of acquiring, buying, offering, selling, pornography, or for pornographic
or trading them to engage in prostitution, performances;
pornography, sexual exploitation, forced labor or iii. The use, procuring or offering of a child for
slavery, involuntary servitude or debt bondage; the production and trafficking of drugs; and
d. To undertake or organize tours and travel plans iv. The use, procuring or offering of a child for
consisting of tourism packages or activities for the illegal activities or work which, by its nature
purpose of utilizing and offering persons for or the circumstances in which it is carried
prostitution, pornography or sexual exploitation; out, is likely to harm their health, safety or
e. To maintain or hire a person to engage in morals; and
prostitution or pornography;
f. To adopt persons by any form of consideration for l. To organize or direct other persons to commit the
exploitative purposes or to facilitate the same for offenses defined as acts of trafficking under this
purposes of prostitution, pornography, sexual Act.
exploitation, forced labor, slavery, involuntary
servitude or debt bondage; (2) Attempted Trafficking in Person
g. To adopt or facilitate the adoption of persons for a. Where there are acts to initiate the commission of
the purpose of prostitution, pornography, sexual a trafficking offense but the offender failed to or
exploitation, forced labor, slavery, involuntary did not execute all the elements of the crime, by
servitude or debt bondage; accident or by reason of some cause other than
h. To recruit, hire, adopt, transport, transfer, obtain, voluntary desistance, such overt acts shall be
harbor, maintain, provide, offer, receive or abduct deemed as an attempt to commit an act of
a person, by means of threat or use of force, fraud, trafficking in persons.
deceit, violence, coercion, or intimidation for the b. When any of the following acts is committed and
purpose of removal or sale of organs of said person; the victim is a child:
i. To recruit, transport, obtain, transfer, harbor, i. Facilitating the travel of a child who travels
maintain, offer, hire, provide, receive or adopt a alone to a foreign country or territory
child to engage in armed activities in the without valid reason therefor and without
Philippines or abroad; the required clearance or permit from the
j. To recruit, transport, transfer, harbor, obtain, Department of Social Welfare and
maintain, offer, hire, provide or receive a person by Development, or a written permit or
means defined in Section 3 of this Act for purposes justification from the child’s parent or legal
of forced labor, slavery, debt bondage and guardian;
involuntary servitude, including a scheme, plan, or ii. Executing, for a consideration, an affidavit of
pattern intended to cause the person either: consent or a written consent for adoption;
i. To believe that if the person did not perform iii. Recruiting a woman to bear a child for the
purpose of selling the child;
iv. Simulating a birth for the purpose of selling whether those days are continuous or not; and
the child; and (9) When the offender directs or through another
v. Soliciting a child and acquiring the custody manages the trafficking victim in carrying out the
thereof through any means from among exploitative purpose of trafficking (Sec. 6, as
hospitals, clinics, nurseries, daycare centers, amended).
refugee or evacuation centers, and low-
income families, for the purpose of selling
the child. (Sec. 4-A, as amended). ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT (RA 9262)
(3) Accomplice - any person who knowingly aids, abets,
cooperates in the execution of the offense by previous
or simultaneous acts defined in this Act (Sec. 4-B, as VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
amended).
Refers to any act or a series of acts which result in or is
(4) Accessories - whoever has the knowledge of the
likely to result in physical, sexual, psychological harm or
commission of the crime, and without having
suffering, or economic abuse including threats of such
participated therein, either as principal or as
acts, battery, assault, coercion, harassment or arbitrary
accomplices, take part in its commission in any of the
deprivation of liberty against:
following manners:
a. a woman who is his wife, former wife, or against a
a. By profiting themselves or assisting the offender
woman with whom the person has or had a sexual
to profit by the effects of the crime;
or dating relationship, or with whom he has a
b. By concealing or destroying the body of the
common child, or
crime or effects or instruments thereof, in order
b. her child whether legitimate or illegitimate, within
to prevent its discovery;
or without the family abode
c. By harboring, concealing or assisting in the
escape of the principal of the crime, provided the
It includes, but is not limited to, the following acts:
accessory acts with abuse of his or her public
A. "Physical Violence" refers to acts that include
functions or is known to be habitually guilty of
bodily or physical harm;
some other crime (Sec. 4-C, as amended).
B. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
QUALIFIED TRAFFICKING IN PERSONS
includes, but is not limited to:
i. Rape, sexual harassment, acts of
(1) The trafficked person is a child;
lasciviousness, treating a woman or her child
(2) The inter-country adoption is effected for purposes
as a sex object, making demeaning and
of prostitution, pornography, sexual exploitation,
sexually suggestive remarks, physically
forced labor, slavery, involuntary servitude and debt
attacking the sexual parts of the victim's
bondage;
body, forcing her/him to watch obscene
(3) Trafficking is committed by a syndicate (large-scale);
publications and indecent shows or forcing
(4) When the offender is a spouse, an ascendant, parent,
the woman or her child to do indecent acts
sibling, guardian or a person who exercises authority
and/or make films thereof, forcing the wife
over the trafficked person or when the offense is
and mistress/lover to live in the conjugal
committed by a public officer or employee;
home or sleep together in the same room
(5) Trafficking is made for purposes of engaging in
with the abuser;
prostitution with law enforcement/military
ii. Acts causing or attempting to cause the
agencies;
victim to engage in any sexual activity by
(6) When the offender is a member of the military or law
force, threat of force, physical or other harm
enforcement agencies;
or threat of physical or other harm or
(7) When by reason or on occasion of the act of
coercion;
trafficking in persons, the offended party dies,
iii. Prostituting the woman or child.
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the
C. "Psychological violence" refers to acts or
Acquired Immune Deficiency Syndrome (AIDS);
omissions causing or likely to cause mental or
(8) When the offender commits one or more violations
emotional suffering of the victim such as but not
of Section 4 over a period of sixty (60) or more days,
limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation,

repeated verbal abuse and mental infidelity. "SEXUAL RELATIONS" - a single sexual act which may or
may not result in the bearing of a common child.
It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse "SAFE PLACE OR SHELTER" - any home or institution
of a member of the family to which the victim maintained or managed by the Department of Social
belongs, or to witness pornography in any form or Welfare and Development (DSWD) or by any other agency
to witness abusive injury to pets or to unlawful or or voluntary organization accredited by the DSWD for the
unwanted deprivation of the right to custody purposes of this Act or any other suitable place the
and/or visitation of common children resident of which is willing temporarily to receive the
victim.
D. "Economic abuse" refers to acts that make or
attempt to make a woman financially dependent "CHILDREN" - refers to those below eighteen (18) years of
which includes, but is not limited to the following: age or older but are incapable of taking care of themselves
i. Withdrawal of financial support or as defined under Republic Act No. 7610. It includes the
preventing the victim from engaging in any biological children of the victim and other children under
legitimate profession, occupation, business her care. (Sec. 3)
or activity, except in cases wherein the other
spouse/partner objects on valid, serious and PUNISHABLE ACTS
moral grounds as defined in Article 73 of the
Family Code; (1) Causing physical harm to the woman or her child;
ii. Deprivation or threat of deprivation of (2) Threatening to cause the woman or her child physical
financial resources and the right to the use harm;
and enjoyment of the conjugal, community (3) Attempting to cause the woman or her child physical
or property owned in common; harm;
iii. Destroying household property; (4) Placing the woman or her child in fear of imminent
iv. Controlling the victims' own money or physical harm;
properties or solely controlling the conjugal (5) Attempting to compel or compelling the woman or her
money or properties. child to engage in conduct which the woman or her
child has the right to desist from or desist from
DEFINITION conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the
"BATTERY" - an act of inflicting physical harm upon the woman's or her child's freedom of movement or
woman or her child resulting to the physical and conduct by force or threat of force, physical or other
psychological or emotional distress. harm or threat of physical or other harm, or
intimidation directed against the woman or child.
"BATTERED WOMAN SYNDROME" - a scientifically
defined pattern of psychological and behavioral symptoms This shall include, but not limited to, the following
found in women living in battering relationships as a result acts committed with the purpose or effect of
of cumulative abuse. controlling or restricting the woman's or her child's
movement or conduct:
"STALKING" - an intentional act committed by a person a. Threatening to deprive or actually depriving the
who, knowingly and without lawful justification follows the woman or her child of custody to her/his family;
woman or her child or places the woman or her child under b. Depriving or threatening to deprive the woman
surveillance directly or indirectly or a combination or her children of financial support legally due
thereof. her or her family, or deliberately providing the
woman's children insufficient financial support;
"DATING RELATIONSHIP" - refers to a situation wherein c. Depriving or threatening to deprive the woman
the parties live as husband and wife without the benefit of or her child of a legal right;
marriage or are romantically involved over time and on a d. Preventing the woman in engaging in any
continuing basis during the course of the relationship. A legitimate profession, occupation, business or
casual acquaintance or ordinary socialization between two activity or controlling the victim's own money or
individuals in a business or social context is not a dating properties, or solely controlling the conjugal or
relationship. common money, or properties;

(6) Inflicting or threatening to inflict physical harm on ELEMENTS:

oneself for the purpose of controlling her actions or a. A person draws a check;
decisions; b. The check is made or drawn and issued to
(7) Causing or attempting to cause the woman or her child apply on account or for value;
to engage in any sexual activity which does not c. The person knows that at the time of issue he
constitute rape, by force or threat of force, physical does not have sufficient funds in or credit with
harm, or through intimidation directed against the the drawee bank for the payment of such check
woman or her child or her/his immediate family; upon its presentment;
(8) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes (2) The check is subsequently dishonored by the drawee
substantial emotional or psychological distress to the bank for the insufficiency of funds or would have
woman or her child. This shall include, but not be been dishonored for the same reason had not the
limited to, the following acts: drawer, without any valid reason ordered the bank to
a. Stalking or following the woman or her child in stop payment.
public or private places;
b. Peering in the window or lingering outside the (3) Failing to keep sufficient funds to cover check if
residence of the woman or her child; presented within a period of 90 days from the date
c. Entering or remaining in the dwelling or on the appearing thereon.
property of the woman or her child against
her/his will; ELEMENTS:
d. Destroying the property and personal belongings a. A person has sufficient funds with the drawee
or inflicting harm to animals or pets of the bank when he makes or issues a check;
woman or her child; and b. He fails to keep sufficient funds or to maintain
e. Engaging in any form of harassment or violence; a credit to cover the full amount if presented
within a period of 90 days from the date
(9) Causing mental or emotional anguish, public ridicule appearing thereon;
or humiliation to the woman or her child, including, c. The check is dishonored. (Sec.1, BP 22)
but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of CONSPIRACY IN BP 22
minor children of access to the woman's
child/children. If there is no express proscription of the supplementary
application of the provisions including the rule on
BATTERED WOMEN’S SYNDROME AS A DEFENSE conspiracy, such rule may be applied supplementarily.
[Go-Tan v Tan, 2008]
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any NOTE: Prosecution under this law shall be without
criminal and civil liability notwithstanding the absence of prejudice to any liability for any violation in the RPC.
any of the elements for justifying circumstances of self-
defense under the Revised Penal Code. (Sec. 26)
COMPREHENSIVE DANGEROUS DRUGS
NOTE: In the determination of the state of mind of the ACT (RA 9165, AS AMENDED)
woman who was suffering from battered woman syndrome
at the time of the commission of the crime, courts shall be SALE, TRADING, ADMINISTRATION, DISPENSATION,
assisted by expert psychiatrists/ psychologists. (Sec. 26) DELIVERY, DISTRIBUTION AND TRANSPORTATION
OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS (SEC. 5)
BOUNCING CHECKS LAW (B.P. BLG. 22)
PUNISHABLE ACTS
PUNISHABLE ACTS (1) Selling
Act of giving away any dangerous drug and/or
(1) Making or drawing and issuing a check knowing at controlled precursor and essential chemical
whether for money or any other consideration
the time of issue that he does not have sufficient
funds. (Sec. 3 [ii], RA 9165).

(2) Trading identified as a prohibited drug;

Transactions involving the illegal trafficking of b. such possession was not authorized by law; and
dangerous drugs and/or controlled precursors c. the accused freely and consciously possessed the
and essential chemicals using electronic devices said drug (People v. Manansala).
such as, but not limited to, text messages, e-mail,
mobile or landlines, two-way radios, internet, NOTE: Possession of equipment, instrument, apparatus
instant messengers and chat rooms or acting as a and other paraphernalia fit or intended for use shall be
broker in any of such transactions whether for prima facie evidence that the possessor has smoked,
money or any other consideration in violation of consumed, administered to himself/herself, injected,
this Act (Sec. 3 [jj], RA 9165). ingested or used a dangerous drug and shall be
presumed to have violated Section 15 of RA 9165. (Sec. 12,
(3) Administering RA 9165)
Act of introducing any dangerous drug into the
body of any person, with or without his/her ILLEGAL USE OF DANGEROUS DRUGS (SEC. 15)
knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of USE
indispensable assistance to a person in
administering a dangerous drug to himself/herself Any act of injecting, intravenously or intramuscularly, of
unless administered by a duly licensed practitioner consuming, either by chewing, smoking, sniffing, eating,
for purposes of medication. (Sec. 3 [a], RA 9165). swallowing, drinking or otherwise introducing into the
physiological system of the body, any of the dangerous
(4) Dispensing drugs (Sec. 3 [kk], RA 9165).
Act of giving away, selling or distributing medicine
or any dangerous drug with or without the use of ELEMENTS
prescription. (Sec. 3 [m], RA 9165).
a. a person is apprehended or arrested;
(5) Delivering b. the said person was subjected to a drug test; and
Any act of knowingly passing a dangerous drug to c. the person tested positive for use of any dangerous
another, personally or otherwise, and by any drug after a confirmatory test (People v. Sullano)
means, with or without consideration (Sec. 3 [k],
RA 9165). CUSTODY AND DISPOSITION OF CONFISCATED,
SEIZED AND/OR SURRENDERED DANGEROUS
(6) Giving away to another; DRUGS (SEC. 21, as amended)
(7) Distributing dispatch in transit or
(8) Transporting any dangerous drug, including any DUTY OF PDEA: take charge and have custody of all
and all species of opium poppy regardless of the dangerous drugs, plant sources of dangerous drugs,
quantity and purity involved, or shall act as a controlled precursors and essential chemicals, as well as
broker in any of such transactions. (Sec. 5) instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper
ILLEGAL SALE OF DANGEROUS DRUGS (SEC. 5) disposition in the following manner:
(1) The apprehending team having initial custody and
ELEMENTS control of the dangerous drugs, controlled
precursors and essential chemicals,
a. the identity of the buyer and the seller, the object, instruments/paraphernalia and/or laboratory
and the consideration; and equipment shall,
b. the delivery of the thing sold and the payment i. (Rule on Inventory and Photography)
(People v. Manansala) Immediately after seizure and confiscation,
conduct a physical inventory of the seized
ILLEGAL POSSESSION OF DANGEROUS DRUGS items and photograph the same
(SEC. 11) ii. (Rule on Witnesses) In the presence of the
following persons who shall be required to
ELEMENTS sign the copies of the inventory and be given
a copy thereof
a. the accused was in possession of an item or object
a. accused or the person/s from whom the media and the DOJ, civil society groups and
such items were confiscated and/or any elected public official
seized, or; his/her representative or (5) Issuance by the Board of a sworn certification of the
counsel, fact of destruction or burning of the subject items
b. with an elected public official; and (6) After promulgation and judgment in the criminal
c. a representative of the National case, the trial prosecutor shall inform the Board of
Prosecution Service or the media the final termination of the case and, request the
court for leave to turn over the said representative
NOTE: (a) if prior to the amendment of sample/s to the PDEA for proper disposition and
RA 9165 by RA 10640 (June 7, 2002) - "a destruction within 24 hours from receipt.
representative from the media and the
DOJ, and any elected public official"; CHAIN OF CUSTODY
(b) if after the amendment of RA 9165 by
RA 10640, - an elected public official and The (D-R-A-M-S) duly recorded authorized movements
a representative of the National and custody of seized drugs or controlled chemicals or
Prosecution Service or the media." plant sources of dangerous drugs or laboratory equipment
of each stage, from the time of seizure/ confiscation to
iii. (Rule on Venue) Conduct a physical receipt in the forensic laboratory to safekeeping to
inventory and photograph at: presentation in court for destruction.
a. the place where the search warrant is
served; or LINKS IN THE CHAIN OF CUSTODY
b. at the nearest police station or at the
nearest office of the apprehending
officer/team, whichever is practicable, seizure and marking by the
apprehending officer
in case of warrantless seizures
iv. Noncompliance of the requirements shall not Turnover by apprehending officer to

render void and invalid such seizures and the investigating officer
custody over said items, as long as
prosecution proves:
Turnover by investigating officer to
a. there is a justifiable ground for non-
the forensic chemist for examination
compliance; and
b. the integrity and evidentiary value of the Turnover and submission from the
seized items are properly preserved forensic chemist to the court
NOTE: Non-compliance refer mainly to the Rule

on Witnesses.
MARKING
(2) Submission to the PDEA Forensic Laboratory for a Placing by the arresting officer of his/her initials and
qualitative and quantitative examination within 24 signature on the items after seizure. Marking is vital since
hours upon confiscation or seizure of the dangerous the succeeding handlers will use the markings as
drug and the instruments or paraphernalia reference. Marking must be done:
(3) Issuance of a certification of the forensic laboratory (1) In the presence of the apprehended violator, and
examination results, done under oath by the forensic (2) Immediately upon confiscation
laboratory examiner, immediately after the receipt
of the subject items (Sec. 21, RA 10640). NOTE: Marking in the nearest police station contemplates
(4) i. Conduct of an ocular inspection of the a case of warrantless searches and seizures. (People vs.
confiscated, seized and/or subject items after Gayoso)
the filing of the criminal case by the Court
ii. Destruction or burning of the subject items of the Guidelines in order that the provisions of Sec. 21 of R.A.
PDEA within 24 hours, in the presence of the 9165 must be well-enforced and duly proven in courts:
accused or the person/s from whom such items (1) In the sworn statements/affidavits, the
were confiscated and/or seized, or his/her apprehending/seizing officers must state their
representative or counsel, a representative from

compliance with the requirements of Section 21 (1) of d. Accompanied with an extra barrel; and
R.A. No. 9165, as amended, and its IRR. e. Converted to be capable of firing full automatic
(2) In case of non-observance of the provision, the bursts.
apprehending/seizing officers must state the (6) Unlawfully acquiring or possessing a major part of a
justification or explanation therefor as well as the small arm;
steps they have taken in order to preserve the (7) Unlawfully acquiring or possessing ammunition for a
integrity and evidentiary value of the small arm or Class-A light weapon.
seized/confiscated items.
(3) If there is no justification or explanation expressly NOTE: If the violation of this paragraph is committed
declared in the sworn statements or a davits, the by the same person charged with the unlawful
investigating fiscal must not immediately le the case acquisition or possession of a small arm, the former
before the court. Instead, he or she must refer the violation shall be absorbed by the latter;
case for further preliminary investigation in order to (8) Unlawfully acquiring or possessing a major part of a
determine the (non) existence of probable cause. Class-A light weapon;
(4) If the investigating fiscal filed the case despite such (9) Unlawfully acquiring or possessing ammunition for a
absence, the court may exercise its discretion to Class-A light weapon.
either refuse to issue a commitment order (or
warrant of arrest) or dismiss the case outright for NOTE: If the violation of this paragraph is committed
lack of probable cause in accordance with Section 5, by the same person charged with the unlawful
Rule 112, Rules of Court. (People vs. Romy Lim) acquisition or possession of a Class-A light weapon,
the former violation shall be absorbed by the latter;
COMPREHENSIVE FIREARMS AND (10) Unlawfully acquiring or possessing a major part of a

AMMUNITION REGULATION (RA 10591) Class-B light weapon; and
(11) Unlawfully acquiring or possessing ammunition for a
Class-B light weapon.
LOOSE FIREARM
An unregistered rearm, an obliterated or altered rearm, NOTE: If the violation of this paragraph is committed
rearm which has been lost or stolen, illegally manufactured by the same person charged with the unlawful
rearms, registered rearms in the possession of an acquisition or possession of a Class-B light weapon,
individual other than the licensee and those with revoked the former violation shall be absorbed by the latter.
licenses in accordance with the rules and regulations. (Sec. (Sec. 28, RA 10591)
3 [v]).
RULES ON USE OF LOOSE FIREARMS
PUNISHABLE ACTS
(1) When the use of a loose firearm is inherent in the
(1) Unlawfully acquiring or possessing a small arm; commission of a crime punishable under the RPC or
(2) Unlawfully acquiring or possessing 3 or more small other Special laws, such use shall be considered as an
arms or Class-A light weapons aggravating circumstance
(3) Unlawfully acquiring or possessing a Class-A light
weapon; (2) If the crime committed with the use of a loose firearm is
(4) Unlawfully acquiring or possessing a Class-B light penalized by the law with a maximum penalty which is
weapon; lower than that prescribed in the preceding section for
(5) A penalty of one degree higher than that provided in illegal possession of firearm, the penalty for illegal
paragraphs (a) to (c) in this section shall be imposed possession of firearm shall be imposed in lieu of the
upon any person who shall unlawfully possess any penalty for the crime charged.
firearm under any or combination of the following
conditions:
NOTE: Penalty for illegal possession of firearm is Prision
a. Loaded with ammunition or inserted with a
mayor in its medium period (8 years 1 day to 10 years)
loaded magazine;
b. Fitted or mounted with laser or any gadget
(3) If the crime committed with the use of a loose firearm is
used to guide the shooter to hit the target such
penalized by the law with a maximum penalty which is
as thermal weapon sight (TWS) and the like;
equal to that imposed under the preceding section for
c. Fitted or mounted with sniper scopes, rearm
illegal possession of firearms, the penalty of prision
muffler or rearm silencer;
mayor in its minimum period shall be imposed in (b) A computer password, access code,
addition to the penalty for the crime punishable under or similar data by which the whole or
RPC or other special laws of which he/she is found guilty any part of a computer system is
capable of being accessed with intent
(4) If the violation of this Act is in furtherance of, or incident that it be used for the purpose of
to, or in connection with the crime of rebellion or committing any of the offenses under
insurrection, or attempted coup d' etat, such violation this Act.
shall be absorbed as an element of the crime of rebellion ii. The possession of an item with intent to use
or insurrection, or attempted coup d' etat. said devices for the purpose of committing
any of the offenses under this section.
(5) If the crime is committed by the person without using f. Cyber-squatting. — The acquisition of a domain
the loose firearm, the violation shall be considered as a name over the internet, in bad faith to pro t,
distinct and separate offense. (Sec. 29, RA 10591) mislead, destroy reputation, and deprive others
from registering the same, if such a domain name
CYBERCRIME PREVENTION ACT is:
i. Similar, identical, or confusingly similar to an
(RA 10175)
existing trademark registered with the
appropriate government agency at the time
PUNISHABLE ACTS of the domain name registration;
ii. Identical or in any way similar with the name
1. OFFENSES AGAINST THE CONFIDENTIALITY, of a person other than the registrant, in case
INTEGRITY AND AVAILABILITY OF COMPUTER of a personal name; and
DATA AND SYSTEMS: (Sec. 4[a], RA 10175) iii. Acquired without right or with intellectual
a. Illegal Access. — The access to the whole or any property interests in it.
part of a computer system without right.
b. Illegal Interception. — The interception made by 2. COMPUTER-RELATED OFFENSES: (Sec. 4[b], RA
technical means without right of any non-public 10175)
transmission of computer data to, from, or a. Computer-related Forgery.
within a computer system including i. The input, alteration, or deletion of any
electromagnetic emissions from a computer computer data without right resulting in
system carrying such computer data. inauthentic data with the intent that it be
c. Data Interference. — The intentional or reckless considered or acted upon for legal purposes
alteration, damaging, deletion or deterioration of as if it were authentic, regardless whether or
computer data, electronic document, or not the data is directly readable and
electronic data message, without right, including intelligible; or
the introduction or transmission of viruses. ii. The act of knowingly using computer data
d. System Interference. — The intentional which is the product of computer-related
alteration or reckless hindering or interference forgery as defined herein, for the purpose of
with the functioning of a computer or computer perpetuating a fraudulent or dishonest
network by inputting, transmitting, damaging, design.
deleting, deteriorating, altering or suppressing b. Computer-related Fraud. — The unauthorized
computer data or program, electronic input, alteration, or deletion of computer data or
document, or electronic data message, without program or interference in the functioning of a
right or authority, including the introduction or computer system, causing damage thereby with
transmission of viruses. fraudulent intent
e. Misuse of Devices. NOTE: If no damage has yet been caused, the
i. The use, production, sale, procurement, penalty imposable shall be one (1) degree lower.
importation, distribution, or otherwise c. Computer-related Identity Theft. — The
making available, without right, of: intentional acquisition, use, misuse, transfer,
(a) A device, including a computer possession, alteration or deletion of identifying
program, designed or adapted information belonging to another, whether
primarily for the purpose of natural or juridical, without right
committing any of the offenses under NOTE: If no damage has yet been caused, the
this Act; or penalty imposable shall be one (1) degree lower.

3. CONTENT-RELATED OFFENSES: (Sec. 4[c], RA 10175) APPLICABILITY OF RA 10175

a. Cybersex. — The willful engagement,
maintenance, control, or operation, directly or All crimes defined and penalized by the RPC, as amended,
indirectly, of any lascivious exhibition of sexual and special laws, if committed by, through and with the use
organs or sexual activity, with the aid of a of information and communications technologies shall be
computer system, for favor or consideration. covered by the relevant provisions of this Act.
b. Child Pornography. — The unlawful or
prohibited acts defined and punishable by NOTE: The penalty to be imposed shall be one (1) degree
Republic Act No. 9775 or the Anti-Child higher than that provided for by the Revised Penal Code,
Pornography Act of 2009, committed through a as amended, and special laws, as the case may be. (Sec. 6,
computer system. RA 10175)
a. Unsolicited Commercial Communications. —
The transmission of commercial electronic CONSTITUTIONAITY OF CYBER LIBEL
communication with the use of computer system
which seek to advertise, sell, or offer for sale The Cybercrime law (on libel) is constitutional. The law
products and services are prohibited unless: provides for presumed malice on the part of the individual
i. There is prior affirmative consent from who shares defamatory articles in the cyberspace, he
the recipient; or cannot make a general denial that there is no malice on his
ii. The primary intent of the communication part. Relief is also provided for in the RPC. The law merely
is for service and/or administrative specified what is already indicated in the RPC. (Disini v.
announcements from the sender to its Secretary of Justice).
existing users, subscribers or customers;
iii. The following conditions are present: PRESCRIPTIVE PERIOD
a. The commercial electronic
communication contains a simple, Libel in relation to RA 10175 prescribes in 15 years.
valid, and reliable way for the
recipient to reject receipt of Although the RA 10175, does not categorically state the
further commercial electronic prescriptive period for such action, the new prescriptive
messages (opt-out) from the same period for the crime of libel in relation to RA No. 10175 can
source; be derived from the penalty imposed on the said crime.
b. The commercial electronic Section 6 of RA 10175 provides that the "penalty to be
communication does not purposely imposed shall be 1 degree higher than that provided for by
disguise the source of the the RPC, as amended, and special laws, as the case may be."
electronic message; and As such, the former penalty of prision correccional in its
c. The commercial electronic minimum and medium periods is increased to prision
communication does not purposely correccional in its maximum period to prision mayor in its
include misleading information in minimum period. The new penalty, therefore, becomes
any part of the message in order to afflictive, following Section 25 of the RPC. Corollarily,
induce the recipients to read the following Article 90 of the RPC, the crime of libel in relation
message. to RA 10175 now prescribes in 15 years. (Tolentino vs.
c. Libel. — The unlawful or prohibited acts of libel People, 2018).
as defined in Article 355 of the Revised Penal
Code, as amended, committed through a Q: Which court has jurisdiction to hear violations of RA
computer system or any other similar means 10175?
which may be devised in the future. A: Any RTC. Section 21 of RA 10175 vests the RTC with
jurisdiction without any qualification as to the place
4. AIDING OR ABETTING IN THE COMMISSION OF where the same should be filed. This is in accordance with
CYBERCRIME. — Any person who willfully abets or Section 2, Rule 4 of the ROC, which provides that: “all other
aids in the commission of any of the offenses actions may be commenced and tried where the plaintiff
enumerated in this Act shall be held liable. (Sec. 5) or any of the principal plaintiffs reside, or where the
5. ATTEMPT IN THE COMMISSION OF CYBERCRIME. defendant or any of the principal defendants reside, or in
— Any person who willfully attempts to commit any the case of a non- resident defendant where he may be
of the offenses enumerated in this Act shall be held found, at the election of the plaintiff." (Tolentino vs.
liable. (Sec. 5, RA 10175) People, 2018).
HUMAN SECURITY ACT ACCOMPLICE
(RA 9372)
(1) Any person who, not being a principal under Article
17 of the Revised Penal Code or a conspirator as
PUNISHABLE ACTS
defined in Section 4 hereof,
(2) Cooperates in the execution of either the crime of
(1) Committing any of the following acts sowing and
terrorism or conspiracy to commit terrorism
creating a condition of widespread and extraordinary
(3) By previous or simultaneous acts. (Sec. 5, RA 9372)
fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand (Sec.
ACCESSORY
3, RA 9372):
Any person who:
a. having knowledge of the commission of the crime
UNDER RPC UNDER SPL of terrorism or conspiracy to commit terrorism,
and
i. Piracy in i. Law on Arson;
b. without having participated therein, either as
General and ii. Toxic Substances and
principal or accomplice under Articles 17 and 18 of
Mutiny in the Hazardous and Nuclear
the Revised Penal Code,
High Seas or in Waste Control Act of
c. takes part subsequent to its commission in any of
the Philippine 1990;
the following manner:
Waters; iii. Atomic Energy
i. by profiting himself or assisting the offender to
ii. Rebellion or Regulatory and Liability
profit by the effects of the crime;
Insurrection; Act of 1968;
ii. by concealing or destroying the body of the
iii. Coup d' Etat, iv. Anti-Hijacking Law;
crime, or the effects, or instruments thereof, in
including acts v. Anti-Piracy and Anti-
order to prevent its discovery;
committed by Highway Robbery Law
iii. by harboring, concealing, or assisting in the
private persons; of 1974;
escape of the principal or conspirator of the
iv. Murder; vi. Decree Codifying the
crime
v. Kidnapping and Laws on Illegal and
Serious Illegal Unlawful Possession,
NOTE: The penalties prescribed for accessories shall not
Detention Manufacture, Dealing
be imposed upon those who are such with respect to their
vi. Crimes in, Acquisition or
spouses, ascendants, descendants, legitimate, natural, and
Involving Disposition of Firearms,
adopted brothers and sisters, or relatives by affinity within
Destruction Ammunitions or
the same degrees, with the single exception of accessories
Explosives
falling within the provisions of subpar (a). (Sec. 6 RA 9372)
(2) Conspiring to Commit Terrorism(Sec. 4, RA 9372) ABSORPTION PRINCIPLE

NOTE: There is conspiracy when two or more
persons come to an agreement concerning the When a person has been prosecuted under a provision of
commission of the crime of terrorism as defined in this Act, and after the accused had pleaded to the charge,
Section 3 hereof and decide to commit the same. the acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any offense or
ELEMENTS OF TERRORISM felony which is necessarily included in the offense charged
under this Act (Sec. 49, RA 9372)
a. Offender commits an act punishable under any of the
cited provisions of the RPC, or under any of the NEW ANTI-CARNAPPING ACT OF 2006
enumerated special penal laws;
(RA 10883)
b. The commission of the predicate crime sows and
creates a condition of widespread and extraordinary
fear and panic among the populace; UNLAWFUL ACTS
c. The offender is actuated by the desire to coerce the
government to give in to an unlawful demand.||| (1) Carnapping
(Sourthern Hemisphere Engagement Network, Inc. v. (2) Concealment of Carnapping
Anti-Terrorism Council) (3) Defacing or Tampering with Serial Numbers of
Motor Vehicle Engines, Engine Blocks and
Chassis
(4) Identity Transfer in the violation.

(5) Transfer of Vehicle Plate without securing the
proper authority from the LTO Any public official or employee who directly commits the
(6) Sale of Second Hand Spare Parts taken from a unlawful acts or is guilty of gross negligence of duty or
carnapped vehicle connives with or permits the commission of any of the said
unlawful acts shall, in addition to the penalty prescribed in
CARNAPPING the preceding paragraph, be dismissed from the service,
The taking, with intent to gain, of a motor vehicle and his/her benefits forfeited and shall be permanently
belonging to another without the latter’s consent, or by disqualified from holding public office. (Sec. 4, RA 10883)
means of violence against or intimidation of persons, or by
using force upon things. (Sec. 3, RA 10883) OBSTRUCTION OF JUSTICE LAW
(PD 1829)
PENALTY FOR CARNAPPING
CRIME PERIOD
OFFENDER
Carnapping, regardless of the imprisonment for
Any person who knowingly or willfully obstructs, impedes,
value of the motor vehicle, not less than twenty
frustrates or delays the apprehension of suspects and the
where carnapping is (20) years and one (1)
investigation and prosecution of criminal cases
committed without violence day but not more
against or intimidation of than thirty (30) years
persons, or force upon things PUNISHABLE ACTS
carnapping is committed by imprisonment for
means of violence against or not less than thirty (1) i. Preventing witnesses from:
intimidation of persons, or (30) years and one (1) a. testifying in any criminal proceeding or
force upon things day but not more b. reporting the commission of any offense or
than forty (40) years c. the identity of any offender/s
ii. By means of bribery, misrepresentation, deceit,
When the owner, driver, or life imprisonment
intimidation, force or threats;
occupant of the carnapped
motor vehicle is killed or raped
(2) Altering, destroying, suppressing or concealing any
in the commission of the
paper, record, document, or object -
carnapping
a. with intent to impair its verity, authenticity,
(Sec. 3, RA 10883)
legibility, availability, or admissibility as
evidence in any investigation of or official
Any person charged with carnapping or when the crime of
proceedings in, criminal cases, or
carnapping is committed by criminal groups, gangs or
b. to be used in the investigation of, or official
syndicates or by means of violence or intimidation of any
proceedings in, criminal cases;
person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped
(3) i. Harboring, concealing, facilitating the escape of:
vehicle is killed or raped in the course of the carnapping
a. any person he knows, or
shall be denied bail when the evidence of guilt is strong.
b. has reasonable ground to believe or suspect
(Sec. 3, RA 10883)
has committed any offense under existing
penal laws
CONCEALMENT OF CARNAPPING
ii. in order to prevent his arrest prosecution and
conviction;
Any person who conceals carnapping shall be punished
with imprisonment of 6 years up to 12 years and a fine
(4) Publicly using a fictitious name for the purpose of:
equal to the amount of the acquisition cost of the motor
a. concealing a crime,
vehicle, motor vehicle engine, or any other part involved in
b. evading prosecution or
the violation.
c. the execution of a judgment, or
d. concealing his true name and other personal
NOTE: If the person violating is a juridical person, the
circumstances for the same purpose or
penalty shall be imposed on its president, secretary, purposes;
and/or members of the board of directors or any of its
officers and employees who may have directly participated (5) Delaying the prosecution of criminal cases by
obstructing the service of process or court orders or CHILD PROSTITUTION AND OTHER SEXUAL ABUSE
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts; CHILDREN EXPOLITED IN PROSTITUTION AND
OTHER SEXUAL ABUSE (CEPOSA)
(6) Making, presenting or using any record, document, A child is deemed exploited in prostitution or subjected to
paper or object with knowledge of its falsity and with other sexual abuse, when the child indulges in sexual
intent to affect the course or outcome of the intercourse or lascivious conduct
investigation of, or official proceedings in, criminal a. for money, profit, or any other consideration; or
cases; b. under the coercion or influence of any adult,
syndicate or group (Sec. 5, RA 7610).
(7) Soliciting, accepting, or agreeing to accept any
benefit in consideration of abstaining from, PROHIBITED ACTS
discounting, or impeding the prosecution of a
criminal offender; (1) Engaging in or promoting, facilitating or inducing
child prostitution which include, but are not limited
(8) i. Threatening directly or indirectly another with the to, the following:
infliction of any wrong upon: a. Acting as a procurer of a child prostitute;
a. his person, honor or property or b. Inducing a person to be a client of a child
b. that of any immediate member or members of prostitute by means of written or oral
his family advertisements or other similar means;
ii. in order to prevent such person from appearing c. Taking advantage of influence or relationship
in the investigation of, or official proceedings in, to procure a child as prostitute;
criminal cases, or imposing a condition, whether d. Threatening or using violence towards a
lawful or unlawful, child to engage him as a prostitute; or
iii. in order to prevent a person from appearing in e. Giving monetary consideration, goods or
the investigation of or in official proceedings in, other pecuniary bene t to a child with intent
criminal cases; to engage such child in prostitution.
(9) Giving of false or fabricated information to mislead (2) Committing the act of sexual intercourse or
or prevent the law enforcement agencies from lascivious conduct with a child exploited in
apprehending the offender or from protecting the prostitution or subjected to other sexual abuse
life or property of the victim; or fabricating
information from the data gathered in confidence by NOTE: If the victim is under 12 years of age, the
investigating authorities for purposes of background perpetrator shall be prosecuted under the RPC for
information and not for publication and publishing rape or lascivious conduct, as the case may be.
or disseminating the same to mislead the
investigator or to the court. (3) Deriving profit or advantage, whether as manager or
owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place
ANTI-CHILD ABUSE LAW of entertainment or serving as a cover or which
(R.A. NO. 7610, AS AMENDED) engages in prostitution in addition to the activity for
which the license has been issued to said
establishment. (Sec. 5, RA 7610).
CHILDREN
Refers to persons: ELEMENTS OF SEXUAL ABUSE UNDER SEC. 5(A)
a. below eighteen (18) years of age or
b. those over 18 years of age but are unable to fully NOTE: Acts punished pertain to or are connected with
take care of themselves or protect themselves child prostitution where the child is abused primarily for
from abuse, neglect, cruelty, exploitation or profit
discrimination because of a physical or mental a. Accused commits the act of sexual intercourse or
disability or condition (Sec. 3[a], RA 7610). lascivious conduct.
b. Said act is performed with a child exploited in
prostitution or subjected to other sexual abuse.
c. The child, whether male or female, is below 18
years of age. (Olivarez v. Court of Appeals) conditions prejudicial to the child's development
including those covered by Article 59 of
ELEMENTS OF LASCIVIOUS CONDUCT Presidential Decree No. 603, as amended, but not
UNDER SEC. 5(B) covered by the Revised Penal Code, as amended
(2) Keeping or having as company a minor, twelve (12)
NOTE: punishes sexual intercourse or lascivious conduct years or under or who in ten (10) years or more his
committed on a child subjected to other sexual abuse. junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house,
(1) The offender commits any act of lasciviousness or sauna or massage parlor, beach and/or other
lewdness; tourist resort or similar places
(3) Inducing, delivering or offering a minor to any one
prohibited by this Act to keep or have in his
NOTE: Lascivious conduct is defined as the
company a minor as provided in the preceding
intentional touching, either directly or through
paragraph
clothing, of the genitalia of any person, with intent to
(4) Any person, owner, manager or one entrusted with
abuse or gratify sexual desire (Section 32, Article XIII,
the operation of any public or private place of
IRR of R.A. 7610).
accommodation, whether for occupancy, food,
drink or otherwise, including residential places,
(2) That it be done under any of the following
who allows any person to take along with him to
circumstances:
such place or places any minor
a. Through force, threat, or intimidation;
(5) Using, coercing, forcing or intimidating a street
b. When the offended party is deprived of
child or any other child to;
reason or otherwise unconscious;
a. Beg or use begging as a means of living;
c. By means of fraudulent machination or
b. Act as conduit or middlemen in drug
grave abuse of authority;
trafficking or pushing; or
d. When the offended party is under 12 years
c. Conduct any illegal activities (Sec. 10, RA
of age or is demented, even though none of
7610).
the circumstances mentioned above be
present;
Section 10(a) punishes 4 distinct offenses:
(3) That said act is performed with a child exploited in (1) child abuse;
prostitution or subjected to other sexual abuse; (2) child cruelty;
(3) child exploitation, and
(4) being responsible for conditions prejudicial to the
NOTE: a child is deemed exploited when the child
child’s development.
indulges in sexual intercourse or lascivious conduct
(a) for money, profit or any other consideration; or
An accused can be prosecuted and be convicted under
(b) under the coercion or any influence of any adult,
Section 10(a), Article VI of Republic Act No. 7610 if he
syndicate or group.
commits any of the four acts therein. The prosecution
need not prove that the acts of child abuse, child cruelty
(4) That the offended party is a child, whether male or
and child exploitation have resulted in the prejudice of the
female, below 18 years of age (People vs. Macapagal).
child because an act prejudicial to the development of the
child is different from the former acts (People vs. Lucido).
CHILD TRAFFICKING
Q: When is an accused liable for lascivious conduct under

Trading and dealing with children including, but not
RA 7610, and not under Art. 336 of the RPC?
limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter (Sec. 7, RA
A: RA 7610 finds application when the victims of abuse,
7610).
exploitation or discrimination are children. (Orsos vs.
People).
OTHER ACTS OF ABUSE
Q: Can an accused be charged for both Rape under the

Other acts of neglect, abuse, cruelty or exploitation and
other conditions prejudicial to the child's development: RPC and Sexual Abuse under RA 7610?
(1) Committing any other acts of child abuse, cruelty
or exploitation or to be responsible for other A: YES. The provisions of the RPC and RA 7610 show that

rape and sexual abuse are two (2) separate crimes with
distinct elements. Charging an accused with rape, under
the Revised Penal Code, and with sexual abuse, under RA
7610, in case the offended party is a child 12 years old and
above, will not violate the right of the accused against
double jeopardy (People v Udang, Sr.)
AGE OF
VICTIM Under 12 y.o or 12 y.o. or below 18 y.o.
demented 18, or 18 but and
CRIME unable above
Acts of Acts of Lascivious N/A
Lascivious Lasciviousness conduct 75
ness under the RPC in under Section 5
committed relation to Sec. (b) of R.A. No.
against 5(b) of R.A. 7610: 7610
CEPOSA
Sexual Sexual Assault Lascivious N/A
Assault under the RPC in Conduct under
committed relation to Sec. 5 Section 5 (b) of
against (b) of R.A. 7610: R.A. No. 7610
CEPOSA
Sexual Rape under the Sexual Abuse N/A
Intercours RPC under Sec. 5(b)
e of R.A. No. 7610
committed
against
CEPOSA
Rape by Rape under the Rape under Art. Rape
Carnal RPC 266-A (1) in under
Knowledge relation to Art. the RPC
266- B of the
RPC
Rape by Sexual Assault Lascivious Sexual
Sexual under the RPC in Conduct under Assault
Assault relation to Sec. 5 Section 5 (b) of the RPC
(b) of R.A. 7610 R.A. No. 7610
(People vs. Tulagan)

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations

Lasallian Commission on Bar Operations

Lasallian Commission on Bar Operations

FUNDAMENTAL AND GENERAL

DEFINITION OF CRIMINAL LAW

It is that branch of public substantive law which defines

SOURCES OF CRIMINAL LAW

(1) The Revised Penal Code

CRIMINAL LAW I ding or commanding it.

THEORIES IN CRIMINAL LAW

(1) Classical Theory

(2) Positivists theory

Lasallian Commission on Bar Operations 1

A. GENERAL PRINCIPLES There are three stages: No such stages of

Mala In Se Mala Prohibita There are three persons Unless otherwise

Wrong from its very nature; Wrong because it is As to Division of Penalties

Good faith is a valid defense; Good faith is NOT a

(3) Introduction of coin or currency note of the

NOTE: A crime committed within the grounds of a

(5) Should commit any of the crimes against national

Lasallian Commission on Bar Operations 4

PROSPECTIVITY General Rule: The provisions of the Revised Penal Code

GENERAL RULE: A penal law cannot make an act

Provisions of the RPC SUPPLEMENTARY to special laws:

Lasallian Commission on Bar Operations 5

Lasallian Commission on Bar Operations 6

• The injury caused by the offender to another is Imprudence Negligence

Requisites: (FIN) DOLO VS. CULPA

Lasallian Commission on Bar Operations 7

Requisites: (2) Arresto Mayor;

Lasallian Commission on Bar Operations 9

AFFLICTIVE PENALTY • Act or omission should NOT be punished

ELEMENTS OF CRIMINAL LIABILITY

Lasallian Commission on Bar Operations 10

IMPOSSIBLE CRIME (2) External Acts

Importance to classify the stage: for purposes of applying

Lasallian Commission on Bar Operations 11

felony. Thus, principal by inducement cannot be

Something still remains to be done by the offender.

(4) The non-performance of all acts of execution was

When all the elements necessary for its execution and

Definition NOTE: The offender does not have to do anything else to

Lasallian Commission on Bar Operations 12

EFFICIENT INTERVENING CAUSES

(2) OBJECTIVE PHASE – That portion the phase which

(2) Complex crime proper NO COMPLEX CRIME:

Lasallian Commission on Bar Operations 15

(3) CONTINUING CRIMES MODIFYING CIRCUMSTANCES affects not only criminal

Lasallian Commission on Bar Operations 17

An element of responsibility without which a man cannot

ALTERNATIVE CIRCUMSTANCES (Art. 15) JUSTIFYING CIRCUMSTANCES

Requisites Of Self Defense: (URL)

c. Lack of sufficient provocation on the part of the

Lasallian Commission on Bar Operations 20

coerce her to submit to his bidding with no concern for

Lawful exercise of rights or office

This circumstance refers to an unlawful order with the

Battered Woman, Defined

EXEMPTING CIRCUMSTANCES II. Minority Absence of intelligence

Lasallian Commission on Bar Operations 22

Lasallian Commission on Bar Operations 23

Lasallian Commission on Bar Operations 24