Art. 231. Open disobedience. 4.

That he has not taken his oath of office and/or given the bond
Elements: required by law.
1. That the offender is a judicial or executive officer. Art 237. Prolonging performanceof duties and powers .
2. That there is a judgment, decision or order of a superior Elements:
authority. 1. That the offender is holding a public office.
3. That such judgment, decision or order was made within the 2. That the period provided by law, regulations or special
scope of the jurisdiction of the superior authority and provision for holding such office, has already expired.
issuedwith all the legal formalities, 3. That he continues to exercise the duties and powers such office.
4. That the offender without any legal justification openly refuses 238. Abandonment of office or position.
to execute the said judjment, decision or order, which he is duty Elements:
bound to obey. 1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public
Art 232. Disobedience to order of superior officer when said
service.
order was suspended by inferior officer.
Art 239. Usurpation of powers and unlawful appointments .
Elements:
Elements:
1. That the offender is a public officer.
1. That the offender is an executive of judicial officer.
2. That an order is issued by his superior of execution.
2. That he (a) makes general rules or regulations beyond the scope
3. That he has for any reason suspended the execution of such
of his authority, or (b) attempts to repeal a law or (c)suspends
order.
the execution thereof.
4. That his superior disapproves the suspension of the execution fo
Art 240. Usurpation of executive functions.
the order.
Elements:
5. That the offender disobeys his superior despite the disapproval
1. That the offender is a judge.
of the suspension.
2. That he (a) assumes a power pertaining to the executive
Art 233. Refusal of assistance.
authorities, or (b ) obstructs the executive authorities in the
Elements:
lawful exercise of their powers.
1. That the offender is a public officer.
Art 241. Usurpation of judicial functions.
2. That the competent authority demands from the offender that he
Elements:
lend his cooperation towards the administration of justice or
1. That the offender is an officer of the executive branch of the
other public service.
Government.
3. That he offender fails to do so maliciously.
2. That he (a) assumes judicial powers, or (b) obstructs the
Art 234. Refusal to discharge elective officer.
execution of any order or decision rendered by any judge within
Elements:
his jurisdiction.
1. That the offender is elected by popular election to a public
Art 242. Disobeying request for disqualification.
office.
Elements:
2. That he refuses to be sworn in or to discharge the dusties of the
1. That the offender is a public officer.
said office.
2. That a proceeding is pending before such public officer.
3. That there is no legal motive for such refusal to be sworn in or
3. That there is a question brought before the proper authority
to discharge duties of said office.
regarding his jurisdiction, which is not yet decided.
Art 235. Maltreatment Of prisoners.
4. That he has been lawfully required to refrain from continuing
Elements:
the proceeding.
1. That the offender is a public officer or employee.
5. That he continues the proceeding.
2. That he has under his charge a prisoner or detention prisoner.
Art 243. Order or request by executive officers to any judicial
3. That he maltreats such prisoner in either of the following
authority
manners:
Elements:
a. By over-doing himself in the correction or handling of a
1. That the offender is an executive officer.
prisoner or detention prisoner under his charge either.
2. That he addresses any order or suggestion to any judicial
(1 ) by the imposition of punishment not authorized by the
authority.
regulation, or
3. That the order or suggestion relates to any case or business
(2) by inflicting such punishment (those authorized ) in a cruel and
coming within the exclusive jurisdiction of the courts of justice.
humiliating manner; or
Art 244. Unlawful appointments.
b. By maltreating such prisoner to exort a confession or to obtain
Elements:
some information from the prisoner.
1. That the offender is a public officer.
Art 236. Anticipation of duties of a public office.
2. That he nominates or appoints a person to a public
Elements:
office.
1. That the offender is entitled to hold a public office or
3. That such person lacks the legal qualification thereof.
employment, either by election or appointment.
4. That the offender knows that his nominee or appointee
2. That the law requires that he should first be sworn in and/or
lacks the qualification at the time he made the nomination or
should first give a bond.
appointment.
3. That he assumes the performance of the duties and powers of
Art 245. Abuses against chasity.
such office.
Elements of the offense:
a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances
to a woman.
c. That such woman must be:
(1) Interested in matters pending before the offender for
decision, or with respect to which he is required to submit
a report to or consult with a superior officer: or
(2) Under the custody of the offender who is warden or
other public officer directly charged with the care and
custody of prisoners or person under arrest: or
(3) The wife, daughter, sister or relative or within the same
degree by affinity of the person in the custody of the
offender.
Art 246. Parricide.
Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate, or a legitimate other
ascendant ot other descendant , or the legitimate spouse, of the
accused.
Art. 247 Death or Physical Injuries Inflicted under exceptional
circumstances.
Requisites:
1. Legally married person or parent surprises his spouse or his
daughter (under 18) living with him, in the act of committing
sexual intercourse with another person
2. He or she kills any or both, of them or inflicts upon any or both
of them in the act or immediately thereafter
3. He has not prompted or facilitated the prostitution of his wife or
daughter or that he or she has not consented to the infidelity of
other spouse
Art 248. Murder.
Elements:
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248.
a. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken defense, or of
means or persons to insure or afford impunity.
b. In consideration of price, reward or promise
c. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon railroad, fall of
an airship, by means of motor vehicle, or with use of any other
means involving great waste and ruin.
d. On occasion of any calamities, or of an earthquake, eruption of
volcano, destructive cyclone, epidemic, or any other public
calamity
e. With evident premeditation
f. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim or outraging or scoffing at his person or
corpse
4. That killing is not parricide or infanticide.
Art 249. Homicide.
Elements:
1. That a person was killed.
2. That the accused killed him without any justifying circumstance
3. That the accused had the attention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that parricide or infanticide.
Art. 250. Penalty for frustrated parricide, murder, or homicide
Art. 251. Death accused in a tumultuous affray.
Elements:
1. That there be several persons.
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
3. That these several person quarreled and assaulted one another
in a confuse and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased .
6. That the person or persons who inflicted serious physical
injuries or who used violence who can be identified.
Art 252. Physical Injuries inflicted in a tumultuous affray.
Elements:
1. That there is a tumultuous affray as referred to in the preceding
article.
2. That a participant or someone participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only.
3. That the person responsible thereof cannot be identified.
4. That those who appear to have used violence upon the person
of the offended party are known.
Art 254. Discharge of firearms.
Elements :
1. That the offender discharges a firearm against or at another
person.
2. That the offender has no intention to kill the person.
Art. 253. Giving assistance suicide.
Acts punished:
1. By assisting another to commit suicide, whether the suicde is
consummated or not.
2. By lending his assistance to another to commit suicide to the
extent of doing the killing himself
Art 255. Infanticide.
Elements:
1. That a child was killed.
2. That the deceased child was less than 3 days (72 hours) of age.
3. That the accused killed the said child.
Art 256. Intentional abortion.
Elements:
a. That there is a pregnant woman
b. That the violence is exerted, or drugs or beverages administered,
or that the accused otherwise acts upon such pregnant woman.
c. That as a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the foetus dies, either
in the womb or after having been expelled therefrom.
d. That the abortion is intented.
Art 257. Unintentional abortion.
Elements:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without
intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies , either in the
womb or after having been expelled therefrom.
Art 258. Abortion practiced by the woman herself or her
parents.
Elements:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by-
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of
concealing her dishonor.
259. Abortion practiced by a physician or midwife and
dispending or abortives.
Elements:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes,
or assists in causing, the abortion.
4. That said physician or midwife takes advantage of his or her
scientific knowledge or skill.
Art 260. Responsibility of participants in a duel .
Elements:
1. By killing one’s adversary in a duel.
2. By inflicting upon such adversary physical injuries.
3. By making a combat although no physical injuries have been
inflicted.
Art. 261. Challenging to a duel.
Art 262. Mutilation.
Elements of mutilation of the first kind:
1. That there be a castraction, that is, mutilation of organs
necessary for generation, such as the penis or ovarium.
2. That the mutilation is caused purposely and deliberately, that is,
to deprive the offended party of some essential organ for
reproduction.
Art. 263. Serious Physical Injuries.
1. Becomes insane, imbecile impotent or blind
2. Loses the use of speech or power to hear smell or loses an eye, a
hand or foot, an arm or loses the use of any such member or
becomes incapacitated for the work in which he was habitually
engaged
3. Becomes deformed, loses any other member of his body or loses
use thereof or becomes ill or incapacitated for the performance
of work for more than 90 days
4. Becomes ill or incapacitated for labor for more than 30 days
Art 264. Administering injurious substances or beverages.
Elements:
1. That the offender inflicted upon another any serious physical
injury.
2. That it was done by knowingly administering to him any
injurious substances or beverages or by taking advantage of his
weakness of mind or credulity.
3. That he had no intent to kill.
Art. 265. Less serious physical Injuries
1. That the offended party is incapacitated for labor for 10 days or
more or needs medical attendance for the same period
Art. 266. Slight Physical Injuries
1. Incapacitated for labor from 1 to 9 days or required med
attendance for same period
2. Did not prevent from work nor med attendance
3. Ill-treatment by deed without causing any injury
Art 266-A. Rape
Elements of rape under paragraph 1:
1. That the offender is a man.
2. That the offender had carnal knowledge of a woman.
3. That such act is accomplished under any of the following
circumstances:
a. By using force or intimidation or;
b. When the woman is deprived reason or otherwise unconscious
or;
c. By means of fraudulent machination or grave abuse authority;
d. When the woman is under 12 years of age or demented.
Elements of rape under paragraph 2:
1. That the offender commits an actof sexual assault.
2. That the act of sexual assault is committed by any of the
following means:
a. By inserting his penis into another person’s mouth or anal
orifice; or
b. By inserting any instrument or object into the genital or anal
orifice of another person;
3. That the act of sexual assault is accomplished under any of the
following circumstances:
a. By using force or intimidation.
b. When the woman is deprived of reason or otherwise
unconscious:
c. By means of fraudulent machination or grave abuse of
authority.
d. When the woman is under 12 years of age or demented.
Note: RA 8353
Crime against Liberty (267-274)
Art 267. Kidnapping and serious illegal detention:
Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty.
3. That the act of detention or kidnapping must be illegal.
4. That in the commission of the offense, any of the following
circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days.
b. That it is committed simulating public authority.
c. That any serious physical injuries are inflicted upon the
person kidnapped or detained or threats or kill him are made :
or
d. That the person kidnapped or detained is a minor , female, or
a public officer.
Art 268. Slight illegal detention.
Elements:
1. That the offender is a private individual.
2. That he kidnaps or detain another, or in any other manner
deprives him of his liberty.
3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the attendance of any of
the circumstances enumerated in Art. 267.
Art 269. Unlawful arrests.
Elements:
1. That the offender arrests or detains another person.
2. That the purpose of the offender is to deliver him to the proper
authorities.
3. That the arrests or detention is not authorized by law or there is
no reasonable ground thereof.
Art 270. Kidnapping and failure to return a minor.
Elements:
1. That the offender is entrusted with the custody of a minor
person (whether over or under 7 years but less than 21 years of
age.
2. That he deliberately fails to restore the said minor to his parents
or guardians.
Art 271. Inducing a minor to abandon to his home.
Elements:
1. That the minor is living in the home of his parents or guardian
or the entrusted with his custody.
2. That the offender induces said minor to abandon such home.
Art 272. Slavery.
Elements:
1. That the offender purchases, sells, kidnaps or detain a human
being.
2. That the purpose of the offender is to enslave such human
being.
Art 273. Exploitation of child labor.
Elements:
1. That the offender retains a minor on his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with the
custody of such minor.
Art 274. Service rendered under compulsion in payment of
debt.
Elements:
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.
Crimes Against Security (275-292)
Art 275. Abandonment of person in danger and abandonment
of one’s own victim.
Elements:
1. By failing to render assistance to any person whom to offender
finds in an uninhabited place wounded or in danger of dying
when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious
offense.
a. The place is not inhabited.
b. The accused found there a person wounded or in danger of
dying.
c. The accused can render assistance without detriment to himself:
d. The accused fails to render assistance.
2. By failing to help or render assistance to another whom the
offender has accidentally wounded or injured.
3. By failing to deliver a child, under seven years of age whom the
offender has found abandoned, to the authorities or his family,
or by failing to take him to a safe place.
Art 276. Abandoning a Minor.
Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is
abandoned.
Art 277. Abandonment of minor by person entrusted with his
custody; indifference of parents.
Elements of abandonment of minor by one charged with the
rearing or education of said minor:
1. That the offender has charged of the rearing of education of a
minor.
2. That he delivers said minor to a public institution or other
person.
3. That the one who entrusted such child to the offender has not
consented to such act; or it the one who entrusted such child to
the offender is absent, the proper authorities have not consented
to it.
Elements of indifference parents:
1. That the offender is a parent.
2. That he neglects his children by not giving them education.
3. That his station in life requires such education and his financial
condition permits it.
Art 280. Qualified trespass to dwelling:
Elements of trespass to dwelling.
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.
Art 281. Other forms of trespass.
Element:
1. That the offender enters the closed premises or the fenced estate
of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner
or the caretaker thereof.
Art 282. Grave threats.
Elements of grave threats where offender attained his purpose:
a. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of the
latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other condition is
imposed, even through not unlawful.
d. That the offender attains his purpose.
Art 283. Light Threats.
Element:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is
imposed , even through not unlawful.
4. That the offender has attained his purpose or, that he has not
attained his purpose.
Art 286. Grave coercions.
Elements:
1. That a person prevented another from doing something not
prohibited by law, or that he compelled him to do something
against his will, be it right his or wrong.
2. That the prevention or compulsion be effected by violence,
threats or intimidation; and
3. That the person that restrained the will and liberty of another
had not the authority of law or the right to do so, or, in other
words, that the restraint shall not be made under authority of
law or in exercise of any law right .
Art. 287. Light coercions.
Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation.
4. That the purpose of the offender is to apply the same to the
payment of the debt.
Art 288. Other similar coercions.
Elements of No. 1:
a. That the offender is any person, agent or officer of any
association or corporation.
b. That he or such firm or corporation has employed laborers or
employees.
c. That he forces or compels, directly or indirectly , knowingly
permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any kind
from him or from said firm or corporation.
Elements of No.2 :
a. That the offender pays the wages due a laborer or employee
employed by him means of tokens or objects.
b. That those tokens or objects are other than the legal tender
currency of the Phillippines.
c. That such employee or laborer does not expressly request that
he be paid means of tokens or object.
Art 289. Formation, maintenance, and prohibition of
combination of capital or labor through Violence or threats.
Elements:
1. That the offender employs violence or threats, in such a degree
as to compel or force the laborers or employees In the free and
legal exercise of their industry or work.
2. That the purpose is to organize, maintain or prevent coalitions
of capital or labor, strike of laborer or lockout of employers.
Art 290. Discovering secrets through seizure of correspondence
. 3. That once inside the building, the offender took personal
Elements:
1. That the offender is a private individual or even a public officer
not in the exercise of his official function.
2. That he seizes the paper or letters of another .
Art 291. Revealing secrets with abuse of office.
Elements:
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such
capacity.
3. That he reveals such secrets.
Art 292. Revelation of industrial secrets.
Elements:
1. That the offender is a person in charge, employee or workman
of a manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret
of the industry which the offender has learned.
3. That the offender reveals such secrets.
4. That prejudice is caused to the owner.
Crimes Against Property
Art 293. Who are guilty of robbery.
Elements robbery in general:
1. That there be (1) personal property, (2) belonging to other.
2. That there is (3) unlawful taking of that property;
3. That the taking must be (4)with intent to gain; and
4. That there is (5) Violence against or intimidation of any person,
or force upon anything.
Art. 294 Robbery with violence against or intimidation of
persons:
1. When by reason or on occasion of robbery homicide is
committed; accompanied by rape or intentional mutilation
2. Physical injuries in par. 1 resulted
3. Resulted in the loss of speech, hear, smell of an eye, hand, foot,
arm or leg or use thereof or incapacitated to work
4. Violence or intimidation carried to a degree unnecessary;
injured becomes deformed or loses any other member or
becomes ill or incapacitated for more than 90 days or 30
Art. 295. Robbery with physical injuries, commited in an
unihabitaed place and by a band, or with the use of firearms
on a street, road or alley
Art 298. Execution of deeds by means of violence or
intimidation.
Elements:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any
public instrument or document.
3. That the compulsion is by means of violence or intimidation.
Art 299. Robbery in an inhabited house or public building or
edifice devoted to workship.
Elements:
1. That the offender entered (a) an inhabited place, or (b) Public
building, or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
a. Through opening not intended for entrance or egress;
b. By breaking any wall, roof , or floor or breaking any door or
window.
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of
public authority.
property belonging to another with intentto gain.
Art 302. Robbery is an uninhabited place or in a private
building:
Elements:
1. That the offender entered an uninhabited place or a building
which was not a dwelling house, not a public building, or not an
edifice devoted to religious worship.
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not intended for
entrance or egress;
b. A wall, roof, floor , or outside door or window was broken.
c. The entrance was effected through the use of the false keys ,
picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or closest furniture or
receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be
broken upon elsewhere.
3. That with intent to gain, the offender took the there from
personal property belonging to other.
Art 304. Possession of picklocks or similar tools.
Elements:
1. That the offender has in his possession picklocks or similar
tools.
2. That suck picklocks or similar tools are specially adopted to the
commission of robbery.
3. That the offender does have not lawful cause for such
possession.
Art 307. Aiding and abetting a band of brigands.
Elements:
1. That there is a band of brigands.
2. That the offender knows band to be of brigands.
3. That the offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands;
or
b. He gives them information of the movement of the police or
other peace officer of the Government ; or
c. He acquires or receives the property taken such brigands.
Art 308. Who are liable for theft.
Elements for theft:
1. That there be taking of personal property .
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.
(Paragraph No.3 Art. 308)
Elements:
1. That there is an enclosed estate or a field where trespass is
forbidden or which belongs to another.
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers
fruits, cereals or other forest or farm products in the estate or
field; and
4. That the hunting or fishing or gathering of products is without
the consent of the owner.
Art 310. Qualified theft.
Elements:
1. The crime of the robbery or theft has been committed.
2. The accused, who is not principal or accomplice in the
commission of the crime robbery or theft, buys, receives ,
possesses, keeps, acquires, conceals, sells or disposes, or buys
and sells, or in any manner deals in article, item, object or
anything of value , which has been derived from the proceeds of
the said crime.
3. The accused knows or should have known that said article,
item , object or anything of value has been derived from the
proceeds of the crime of robbery or theft.
4. There is, on the part of the accused, intent to gain for himself or
another.
Art 312. Occupation of real property or usurpation of real
rights in property.
Elements:
1. That the offender takes possession of any real property or
usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurping real rights in
property.
4. That there is intent to gain.
Art 313. Altering boundaries or landmarks.
Elements:
1. That there be boundary marks or monument of town, provinces
or estate , or any other marks intended to designate the
boundaries of the same.
2. That the offer alters said boundary marks.
Art 314. Fraudulent insolvency.
Elements:
1. That the offender is a debtor; that is , he has obligation sue and
payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
Art 315. Swindling (estafa)
Elements of estafa in general:
1. That the accused defrauded another (a) by abuse of confidence
or (b) by means of deceit; and (
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.
Elements of estafa with unfaithfulness or abuse of confidence:
Par. 1
1. That the offender has onerous obligation to deliver something
of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
Par.2
1. money, goods or other personal property be received by the
offender in trust or on commission or for administration or
under any obligation involving the duty to make delivery of or
to return the same;
2. there be misappropriation or conversion of such money or
property by the offender or denial on his part of such receipt (3)
to the prejudice of another
3. (4) there is demand made
Par. 3 Elements of estafa by taking undue advantage of the
signature in blank.
1. That the paper with the signature of the offended party be in
blank.
2. That the offended party should have delivered in to the offender.
3. That above the signature of the offended party a document is
written by the offender without authority to do so.
4. That the document is written creates a liability of, or causes
damage to, the offended partyor any third person.
Estafa by means of deceit Elements:
1. There must be false pretense, fraudulent act or fraudulent means
2. Such must be committed prior to or simultaneous with the
commission of the fraud
3. Offended party must have relied on it and induced to part his
money or property (4) resulted to damage
Par. 2
1. By using fictitious name, or falsely pretending to posses power ,
influence , qualification, property, credit, agency or business or
imaginary transactions;or by ,means of other similar deceits.
2. By altering the quality , fineness or weight of anything
pertaining to hi as art or business.
3. By pretending to have bribed any Government employee,
without prejudice to the action for calumny, which the offended
party may deem proper to bring against the offender, In this
case, the offender shall be punish by the maximum period of the
penalty.
4. By postdating a check, or issuing a check in payment of an
obligation where the offender has no funds in the bank, or his
funds deposited wherein were not sufficient to cover the amount
of the check. The failure of the drawer of the check to deposit
the amount necessary to cover his check within three days from
the receipt of notice on the bank and on the payee or holder that
said check has been dishonored for lack or insufficiency of
funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act.
5. BY obtaining any food, refreshment or accommodation at the
hotel, inn, restraurant, boarding house, lodging house, or
apartment house and the like without paying therefore, with
intent to the defraud the proprietor or manager thereof, or by
obtaining credit at hotel , inn, restaurant, boarding house,
lodging house, apartment house by the use of any false
pretense , or by abandoning or surreptiously removing any part
 of his baggage from the hotel, inn, boarding house, lodging
house or apartment house after obtaining credit , food,
refreshment , or accommodation wherein without paying for his
food refreshment or accommodation
Par 3
1. By inducing another , by means of deceit, to sign any
documents.
2. By resorting to some fraudulent practice to ensure success in
gambling game.
3. By removing, concealing, or destroying , in whole o in part, any
court records , office files, document . or any other papers.
BP 22 – Checks without sufficient funds Acts-Elem:
Act I
1. Person makes or draws and issues any check
2. To apply on account or for value
3. Knows that at the time of issue he does not have sufficient funds
in or credit with the drawee bank for the payment of such check
in full upon its presentment
4. Check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid
reason ordered the bank to stop payment
Act II
1. A person has sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check
2. That he fails to keep sufficient funds or to maintain a credit to
cover the full amount of the check within a period of 90 days
from date appearing thereon
3. Check is dishonored by drawee bank
Estafa by inducing another to sign any document .
Elements:
1. That the offender induced the offended party to sign a
document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudiced be caused.
Estafa by removing, concealing or destroying documents:
Elements:
1. That there be court record, office files , documents or any other
papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
Element of damage or prejudice may consists in:
1. The offended party being deprived of his money or property, as
result of the defraudation.
2. Disturbance in property rights; or
3. Temporary prejudice.
Art 316. Other forms of swindling:
1. Any person who, pretending to be the owner of real property,
shall convey, sell or encumber, or mortgage the same
2. Any person who, knowing that real property is encumbered,
shall dispose of the same, although such encumbrance be not
recorded
3. Owner of any personal property who shall wrongfully take it
fromlawful possessor, to the prejudice of the latter or any third
person
4. Any person who, to the prejudice of another shall execute any
fictitious contract
5. Any person who shall accept compensation given him under the
belief that it was in payment of service rendered
6. Any person, who being a surety in a bond given in a criminal or
civil actions, without express authority from the court or before
the cancellation of his bond shall sell mortgage or encumber the
real property.
Art 317. Swindling in a minor
Elements:
1. That the offender takes advantage of the inexperience or
emotions or feelings of a minor.
2. That he induces such minor (1) to assume an obligation , or (2)
to give release , or (3) to execute a transfer of any property
right.
3. That the consideration is (1)some loan of money , (2) credit , or
(3) other personal property.
4. That the transaction is to the detriment of such minor.
Art 319. Removal, sale or pledge of mortgaged property .
Element:
1. That personal property is mortgaged under the Chattel
Mortagage Law.
2. That the offender knows that such property is so mortgaged.
3. That he removes such mortgaged personal property to any
province or city other than the one which it was located at the
time of the execution of the mortgage.
4. That the removal is permanent.
5. That there is no written consent of the mortgagee or his
executors, administrators or assign to such removal.
Elements of selling or pledging personal property already pledged:
1. That personal property is already pledged under the terms of the
Chattel Mortgage Law.
2. That the offender, who is mortgagor of such property, sells or
pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on back of the
mortgageand noted on the record thereof in the office of the
register of deeds.
Art. 320. Destruction Arson
Art 324. Crimes involving destruction.
Element:
1. The offender causes destructions.
2. Destruction is caused by any of the following means:
a. Explosion
b. Discharge of electric current
c. Inundation, sinking or stranding of a vessel , or intentional
damaging of the engine of said vessel
d. Taking up the rails from a railway track
Malicious Mischief – willful damaging of another’s property for
the sake of causing due to hate, revenge or other evil motive
Art 327.Who are liable for malicious mischief
Elements of malicious mischief:
1. That the offender deliberately caused damage to the property of
another.
2. That such act does not constitute arson or other crimes
involving destruction.
3. That the act of damaging another’s property be committed
merely for the sake of damaging it.
Art 328. Special case of malicious mischief
1. Causing damage to obstruct the performance of public functions
2. Using any poisonous or corrosive substance
3. Spreading any infection or contagion among cattle.
4. Causing damage to the property of the National Museum or
National Library or to any archive or registr, waterworks, road,
promenade or any other thing in common by the public.
Exemptions From Criminal Liability in Crimes Against
Property
1. Spouses, ascendants and descendants, or relatives by affinity in
the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall have passed
into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together
Art 333. Who are guilty of adultery.
Elements:
1. That the woman is married.
2. That she has sexual intercourse with a man not her husband
3. That as regards the man with whom she has sexual
intercourse , he must know her to be married.
Art 334. Concubinage
Element:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous circumstances with
a woman who is not his wife.
SC- any reprehensible word or deed that offends public conscience,
redounds to the detriment of the feelings of honest persons and
gives occasion to the neighbors’ spiritual damage or ruin.
c. Cohabiting with her in any place.
3. That as regards the woman, she must know him to be married.
Art 336. Acts of lasciviousness
Lewd – obscene, lustful, indecent, lecherous. It signifies the form
of immorality which has relation to moral impunity or that which
is carried on a wanton manner.
Elements:
1. That the offender commits any act of lasciviousness of
lewdness.
2. That the act of lasciviousness is committed against a person of
either sex
3. That is done under any of following circumstances
a. By using force or intimidation ; or
b. When the offended party is deprived of reason or otherwise
unconscious
c. By means of fraudulent machination or grave abuse of
authority;
d. When the offended party is under 12 years of age or is
demented.
Art 337.Qualified seduction.
Elements:
1. That the offended party is a virgin, which is presumed if she is
unmarried and good reputation.
2. That she must be 12 years of age and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority ,confidence or relationship on
the part of the offender.
Art 338. Simple seduction.
Elements:
1. That the offended party is over 12 and under 18 years of age.
2. That she must be a good reputation , single or widow.
3. That the offender has sexual intercourse with her.
4. That is committed by means of deceit.
Art 339. Acts of lasciviousness with the consent of the offended
party.
Elements:
1. That the offender commits act of lasciviousness or lewdness.
2. That the act are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years of age but
over 12 years , or a sister or descendant regardless of her
reputation or age.
3. That the offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.
Art 342 . Forcible abduction.
Elements:
1. That the person abducted is any woman , regardless of her age,
civil status, or reputation.
2. That the abduction is against his will.
3. That the abduction is with lewd designs.
Art 343. Consented Abduction
Elements:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender.
4. After taking away of the offended party must be with lewd
designs.
Art 349 . Bigamy
Element:
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his
or her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential
requisites for validity.
Art 350. Marriage contracted against provision of laws.
Elements:
1. That the offender Contracted marriage.
2. That he knew at the time that-
a. The requirements ot the law were not complied with or;
b. The marriage was is disregard of a legal impediment.
Art 353. Definition of libel.
Element:
1. That there must be an imputation of a crime , or of a vice or
defect , real or imaginary , or any act ,amission, status, or
circumatance.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed to a natural or juridical
person, or one who is dead.
5. That the imputation must tend to cause the dishonor , discredit
or contempt of person defamed.
Art . 357. Prohibited publication of acts referred to in the
course official proceedings.
Elements:
1. That the offender is a reporter , editor or manager of a
newspaper daily or magazine.
2. That he publishes facts connected with the private life of
another.
3. That sucks facts are offensive to the honor, virtue and reputation
of said person.
Art 359. Slander by deed.
Elements:
1. That the offender performs any act not included in any crime
against honor.
2. That such act is performed in the presence of other person or
persons.
3. That such act casts dishonor , discredit or contempt upon the
offended party.
Art 363. Incriminating innocent person.
Element:
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime.
3. That such act does not constitute perjury.