TABLE OF ELEMENTS

OFFENDER / SITUATION QUALIFIED FORM COUNTERPART

PROVISION ELEMENTS ACTS PUNISHED
VICTIM (PLACE/TIME) MODIFYING CIRC
PENALTIES
FELONY
IMPT THINGS

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
ART 114 1. Offender is a 1. Levying war OFFENDER: Can only be AGGRAVATED by: Filipino citizen – RP PROVEN THROUGH:
TREASON Filipino citizen or an against the  Filipino citizen (with committed when - ignominy to death and fine < 1. Confession of
alien residing in the government  permanent Philippines is at war - cruelty P100,000 accussed in an open
Treason – breach of Philippines concurrence of: allegiance) with a foreign - amount or degree court
allegiance to a 2. That there is a OVERT: Actual  Resident aliens enemy. Declaration of aid Alien resident – RT 2. Two witness rule
government, war in which the assembly of men (with temporary of war is not - gravity of separate to death and fine < (Art 114, Par 2)
committed by a Philippines is INTENT: Executing a allegiance) necessary. distinct acts of P100,000 Applies only to giving
person who owes involved treasonable design treason aid and comfort
allegiance to it 3. That the offender 2. Concurrence of: Allegiance – Can be committed by Art 64 (divisibility of (overt) only and not
either Adherence to (covert obligation of fidelity a Filipino who is INHERENT/ABSORBS penalties with three to adherence
a. levies war against act – intent to and obedience which outside of the - treachery periods) does not (covert)
the Government betray) the individual owe to Philippines - evident apply  modifying
b. adheres to the Giving aid and the government premeditation (siding circumstances do not Defense of
enemies, giving them comfort under which they live A continuous offense with the enemy is determine the period suspended allegiance
aid or comfort OVERT: strengthen or to their sovereign, usually involves a of penalty, instead, and change of
or tends to in return for the No treason through long and reflective the gravity of the sovereignty cannot
strengthen the protection they negligence process and separate and distinct be accepted
enemy and weakens receive planning) acts of treason
or tends to weaken - abuse of superior committed by the Success of aid and
the power of traitor’s strength accused. adherence is
country to resist or Cannot complex irrelevant to the
to attack) to the The Indeterminate offender’s guilt
enemy Sentence Law (ISL)
INTENT: Betray the is not applicable
traitor’s country
ART 115 CONSPIRACY Conspiracy when Any person The Philippines is in Conspiracy: PM and Exception to Art 8
CONSPIRACY AND 1. There is a war two or more persons war with a foreign fine < P10,000 (conspiracy and
PROPOSAL TO which the Phil is come to an enemy proposal to commit
COMMIT TREASON involved agreement to Proposal: PC and fine felony are generally
2. At least 2 persons perform acts < P5,000 not punished)
come to an punishable with
agreement to [do the treason AND decide ISL is not applicable Two witness rule
acts punished in to commit it does not apply to Art
A114] 115 because it is a
3. They decide to Proposal when a separate and distinct
commit it person who has offense from treason
decided to commit
PROPOSAL acts punishable with
1. There is a war in treason and proposes
 which the Phil is its execution to some
involved other person/s
2. At least 1 person
decides to [do the
acts punished in
A114]
ART 116 1. Offender must be Every person owing Punished as an Does not apply when
MISPRISION OF owing allegiance to allegiance to accessory to treason the conspiracy is
TREASON the Govt and not a Philippines because no penalty already committed
foreigner prescribed  two
2. That he has (Unlike TREASON degrees lower than Exception to the
knowledge of any which can committed treason general rule that
conspiracy (to by aliens resident mere silence does
commit treason) aliens) ISL not applicable not make a person
against the Govt criminally liable.
3. That he conceals Art 20 (relatives not Otherwise stated, the
or does not disclose considered as only “omission”
and make known the accessories) does not punished
same ASAP to the apply in Art 116
governor or fiscal of because misprision is
the province or the a separate and
mayor or fiscal of the distinct offense from
city in which he treason
resides
ART 117 1st means: 1. Entering without Par 1 – any person PC Not necessary that
ESPIONAGE a. offender enters authority (insert whether a citizen or information is
b. no authority to specific places here) a foreigner, a private If public officer or obtained
Espionage – the enter to obtain any individual or public employee: penalty
offense of gathering, c. Purpose to obtain information etc of a officer next higher in degree 117 v 114
transmitting or losing information etc of confidential nature - Both not
information confidential nature relative to the Par 2 – public officer conditioned by
respecting the relative to the defense of the Phil who has in his citizenship of
national defense with defense of the Phil possession the offender
intent or reason to 2. Disclosing to the information etc by - TRE only in time of
believe that the 2nd means: rep of a foreign reason of the public war; ESP both peace
information is to be a. offender is public nation information office he holds and war
used to the injury of officer etc which he had in - TRE limited to two
the RP or to the b. in his possession his possession by specific ways; ESP
advantage of any information etc by reason of the public committed in many
foreign nation reason of his public office he holds ways
office
CA 616 other acts of c. discloses content ESP v CA 616
espionage to a representative of - ESP only actual
a foreign nation entering of the
offender for the
purpose of obtaining
confidential info; 616
even conspiracy to
commit such act
 - ESP only the person
who tried to obtain
info or disclose the
confidential info; 616
includes recipient of
info, inducer and
harbors violation of
law
- 616 also punishes
disloyal acts or words

ART 122 Two ways of Any person High Seas – any Refer to Art 123 RP PIRACY v MUTINY
PIRACY AND committing piracy: waters on the sea - PIRACY offenders
MUTINY ON THE 1. Attacking or coast which are are strangers or
HIGH SEAS seizing vessel on the without the outsiders; MUTINY
high seas or in boundaries of law- members of the crew
Piracy – robbery or Philippine waters water mark, although - PIRACY intent to
forcible depredation 2. Seizing a vessel such waters may be gain is essential in
on the high seas, while on the high in the jurisdictional crime; MUTINY only
without lawful seas or in Phil waters limits of a foreign intend to ignore the
authority and done government; not officer or desire to
with animo furandi included in the commit plunder
(intent to gain) and exclusive economic
in the spirit and zone, territorial PIRACY v ROBRY
intention of universal waters, ON HIGH SEAS
hostility internal/archipelagic - Both have intent to
waters of a state gai and the manner
Mutiny – unlawful is the same
resistance to a - RHS offender is a
superior officer, or member of the
the raising of complement or a
commotions and passenger of the
disturbances on vessel; PIR outsiders
board a ship against
the authority of its Before RA 7659, acts
commander in violation of Art
122/123 committed
in the Philippine
waters is punished
under PD 532 (Lol-lo
v Sarao)
ART 123 1. Seized a vessel by RP to death Only Par 3 is
QUALIFIED firing upon the same applicable to
PIRACY 2. “Pirates” have ISL not applicable mutineers because:
abandoned their - Par 1 mutineers are
victims without Special complex already in the vessel
means of saving crime punishable by - Par 2 specifically
themselves death regardless of limited to pirates and
3. Crime number of victims not mutineers
 accompanied by and mitigating
murder, homicide, circumstances
physical injuries or
rape
RA 6235 1. Compelling the Any person 1. Fired upon the 20 years > HIJACKING v
HIJACKING change of course or pilot, member of the Imprisonment > 12 PIRACY
destination of an crew, passenger of years OR P40,000 >
aircraft of Phil the aircraft fine > P25,000 Similarities:
registry 2. Exploded or - seizing of a vessel
2. Seizing or attempted to explode (water and air)
usurping the control any bomb or - appreciation of
thereof while in flight explosive to destroy qualifying circ
the aircraft
In flight – all its 3. Crime Differences:
external doors are accompanied by - PIR committed by
closed following murder, homicide, outsider; HIJ does
disembarkation until serious physical not qualify the
any of such doors is injuries or rape offender
opened for - PIR not concerned
disembarkation about the registry of
the vessel nor its
For foreign registry: location as long as it
1. land in the RP is in the seas; HIJ
territory can only be
2. seize/usurp control committed in RP or
while in the RP foreign vessels in RP
territory territory
- HIJ can be
committed by simply
carrying certain
substances aboard
the ship regardless if
there was violence or
not
- HIJ may be
qualified even
without physical
injuries, as long as
the HIJ fires at the
persons enumerated

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ART 124 1. That the offender Detention of an Public officers vested Legal grounds for 1. Less than 3 days – If detention is by Usual cause of
ARBITRARY is a public officer or individual without with authority to detention: AM Max to PC min private individual – offense is arrest
DETENTION employee legal grounds detain or order the 1. commission of a 2. 3-15 days – PC ILLEGAL DETENTION without warrant
2. That he detains a detention of persons crime or suspicion med to max (Art 267 or Art 268)
Arrest - person Detention – placed accused of a crime based on a 3. 15 days-6 months Lawful
 3. That the detention in a confinement or reasonable ground – PM If arrest is without warrantless arrest
is without legal there is a restraint on E.g. policemen and that he has 4. More than 6 legal ground OR by a (Sec 5, Rule 113)
grounds his person other agents of law, committed crime months - RT puboff without 1. offender is
judges or mayors 2. violent insanity or authority to arrest – attempting to
REASON: prevent other ailment UNLAWFUL ARREST commit, committed,
detention without Also, private requiring compulsory (ART 269) actually committing
informing him of individuals who confinement of the in the arresting
offense and without conspire with public patient in hospital officer’s presence
permitting him to bail officers 2. offense has just
Arbitrary detention been committed 
“Punong barangay” thru imprudence personal knowledge
has right under LGC 3. fugitive prisoner

Additional from Sir

Barry (because
Reyes isn’t so
imaginative)
1. Quarantine
2. Person in
contempt (other
court orders)
3. Congressional
contempt (Jokjok
Bolante’s case)
4. Foreigners in an
administrative arrest
in deportation
proceedings
ART 125 1. That the offender Detained a person Must be a public The legality of Circumstances Refer to Art 124 Citizens’ arrest is also Only applicable for
DELAY IN THE is a public officer or for some legal officer or employee detention expires in: affecting Art 125 penalties covered in the warrantless arrest
DELIVERY OF employee ground but failed to 1. means of periods provided by because in such
DETAINED 2. That he has deliver to proper *Fiscals cannot be 1. 12 hrs – light communication Art 125, but they can cases, no information
PERSONS detained a person for judicial authorities. charged under Art penalties 2. time of arrest only be charged with (i.e. delivery to
some legal ground 125 because they 2. 18 hrs – 3. other ILLEGAL DETENTION proper judicial
Delivery – making 3. That he fails to Judicial were not the ones correctional penalties circumstances (Art 267 or Art 268) authorities) was
an accusation or deliver such a person authorities – courts who illegally detained 3. 36 hrs – afflictive (material made yet
charge or filing of to the proper judicial of justice or judges or arrested the or capital penalties impossibility)
information against authorities within vested with judicial accused Arrested with
the person arrested specified time power to order *periods increased Defense: Insuperable warrant – there is
with the temporary detention by EO 272, methinks cause (Sec 7, Art 12) information and prior
corresponding court or confinement of a because of increase investigation has
or judge, whereby person charged with in crime rate *Oakwood mutiny been done by judge
the latter acquires having committed a case (judicial nature)
jurisdiction to issue public offense
an order of release - does not include The only right you
or of commitment of fiscals because they cannot waive is your
prisoner cannot issue warrant right to be informed
of arrest of the accusation
 Right to counsel
- anytime of day or
night
- independent: not
provided by police
investigators
- own choice: no
strong objections
RA 7438: An Act RIGHTS INVOLVED:
Defining Certain 1. To be assisted by counsel at all times
Rights of Persons 2. To be informed of cause of detention
Arrested, Detained 3. To be informed of his rights to remain silent and to have a competent (not necessarily from UP, especially if he can’t afford it hehe) and independent (not associated with the police)
or Under Custodial counsel
Investigation 4. Custodial investigation shall be reduced to writing signed by the accused at the presence of his counsel or the assisting counsel
5. Any extrajud investigation shall also be in writing and signed by the accused in the presence of his counsel
6. Waiver of provisions of Art 125 shall be in writing and signed in the presence of counsel
7. Right to be allowed visits by or conferences with any member of his immediate family, his doctor, priest and any NGO

ART 126 1. Offender is a 1. Delaying the Usually committed by Refer to Art 124
DELAYING public officer or performance of a wardens and jailers penalties
RELEASE employee judicial or executive
2. There is a judicial order for the release
or executive order of the prisoner
for the release of a 2. Unduly delaying
prisoner or detention the service of the
prisoner or that there notice of such order
is a proceeding upon to said prisoner
a petition for the 3. Unduly delaying
liberation of such the proceedings
person upon any petition for
3. That the offender the liberation of such
without good reason person
delays the specific
acts punishable in Art
126 (on the right
column)
ART 128 COMMON 1. Entering any OFFENDER: public QUALIFYING If committed by
VIOLATION OF ELEMENTS: dwelling against the officer or employee 1. committed at private individual
DOMICILE 1. Offender is a will of the owner nighttime TRESPASS TO
public officer or - “entrance” is 2. any papers or DWELLING (A280)
employee opposed or effects not
2. He is NOT prohibited whether constituting evidence If outside the
authorized by judicial express or implied of a crime are not dwelling, without SW
order to enter returned immediately and person not
dwelling OR to make 2. Searching papers after the search arrested:
a search therein for or other effects made by the GRAVE COERCION
papers or other found therein offender (A286) if with
effects without the previous violence and
consent of the such intimidation
 owner UNJUST VEXATION
(A287) if without
3. Refusing to leave violence or
the premises, after intimidation
having surreptitiously
entered said
dwelling, and after
having been required
to leave the same
ART 129 SW without just 1. By procuring a OFFENDER: Public SW may be issued
SEARCH cause: search warrant officer/employee for the search and
WARRANTS 1. Offender is a without just cause seizure of the ff
MALICIOUSLY public 2. By exceeding his personal property:
OBTAINED AND officer/employee authority or by using 1. Property subject of
ABUSE IN THE 2. Procures a SW unnecessary severity the offense
SERVICE OF 3. No just cause in executing a search 2. Property stolen or
THOSE LEGALLY warrant legally embezzled and other
OBTAINED Exceeding procured fruits of the offense
authority or using 3. Property used or
unnecessary intented to be used
severity in as the means of
executing SW committing an
legally procured offense
1. Offender is public
officer/employee
2. Legally procured
SW
3. Exceeds authority
or uses unnecessary
severity in executing

ART 130 1. Offender is a REASON: witness is DOMICILE does not 128 v 130:
SEARCHING public necessary to avoid include vehicles or - 128 no authority to
DOMICILE officer/employee planting of evidence other means of make search, 130
WITHOUT 2. Armed with a SW transportation SW gives authority
WITNESSES legally procured
3. Searches domicile,
papers or other
belongings of any
person
4. Owner, any
member of his
family, or two
witnesses residing in
the same locality are
not present
RULE 126 SEARCH WARRANT: an order in writing issued in the name of the PP, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein
SEARCH AND and bring it to court
SEIZURE
 PROPERTIES TO BE SEIZED (only personal property):
1. Property subject of the offense
2. Property stolen or embezzled and other proceeds or fruits of the offense
3. Property used or intended to be used as the means of committing an offense

REQUISITES FOR ISSUING A SW:

1. PROBABLE CAUSE – such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought
in connection with the offense are in the place sought to be searched (Burgos v Chief of Staff)
TEST OF LACK OF JUST CAUSE: Whether the affidavit filed in support of the application for SW has been drawn in such a manner that perjury could be charged thereon and affiant be held
liable for the damages cause. Truth of the facts within the personal knowledge of the applicant for SW and not the facts “reported to me by a person whom I consider to be reliable”
2. In connection with one specific offense
3. Determined personally by the judge
4. After examination under oath or affirmation of the complainant and the witnesses he may produce
5. PARTICULARLY DESCRIBBING THE PLACE TO BE SERACHED AND THE THINGS TO BE SEIZED - no general warrants may be issued

GENERAL RULE: Searches and seizures (s&s) should be made with search warrant (SW)
EXCEPTIONS:
1. When s&s are incident to a lawful arrest
2. When the search is made outside the domicile or in a vehicle

VALIDITY OF SW: 10 days

ART 133 1. Acts complained Notoriously OFFENDER: Any Place devoted to AM Max to PC Min
OFFENDING performed in offensive to the person religious worship
RELIGIOUS - place of religious feelings of the (not necessary that
FEELINGS worship faithful – directed there is on-going
- during the against religious ceremony)
celebration of practice or dogma or
religious ceremony ritual for the purpose During the
2. Notoriously of ridicule, as celebration of any
offensive to the mocking or scoffing religious
feelings of the at or attempting to ceremony -
faithful damage an object of religious acts
religious veneration performed outside of
Purpose: Deliberate a church e.g.
intent to hurt the *Judged from processions and
feelings of the complainant’s point special prayers for
faithful and case of view (Ppl v Baes) burying of dead
disruption persons)
*Judged from nature
of the act (Ppl v
Tengson)

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ART 134 1. That there be a Concurrence of Any person Public uprising ABSORBS all other ISL not applicable NATURE OF CRIME:
REBELLION OR concurrence of: public uprising and offenses in A crime of multitude.
INSURRECTION - public uprising taking arms against For person holding AND furtherance of ART 135 PENALTY Vast movement of
- taking arms against the government  public office, he must rebellion, because FOR REBELLION, mean and complex
Rebellion – object the Government two acts cannot take part in: Taking arms against COMMON CRIMES INSURRECTION net of intrigues and
of the movement is stand alone as a. engaging in war government take on a political OR COUP D’ETAT plots
to completely 2. Purpose of rebellion b. destroying character.
overthrow and uprising or property or Rebellion and Not necessary for
supersede the movement is either: committing serious No complex crimes Insurrection them to be
existing government violence because considered - promotes maintains successful
- remove from c. exacting as or heads a rebellion
Insurrection – in allegiance to the contributions or constituent/compone or insurrection: RP REBELLION v
reference to a Govt or its laws diverting public funds nt crimes TREASON
movement which a. territory of the Phil from their lawful RIC: - TREAS purpose of
seeks merely to or any part thereof purpose BUT due to RA 6968 - merely participating levying war is to aid
effect some change b. any body of land, (which is predated or executing the enemy; REB
of minor importance naval or other armed by Enrile v Salazar commands of others: purposes are
OR to prevent the forces and Ppl v RT specifically laid down
exercise of Hernandez) omission - when under the (usually against the
governmental -deprive the Chief of specified overt command of Govt) and committed
authority with Executive or acts, suggested hat unknown leaders, during peace time
respect to particular Congress, wholly or complexing is now any person who in - REB always
matters or subjects partially, of any of possible fact directed others, involves taking up
their powers or spoke for them, arms; TREASON may
REBELLION v prerogatives Political crimes – signed receipts and be committed by
INSURRECTION directly aimed other documents mere adherence to
REB: purpose is against the political issued in their name enemy by giving aid
complete overthrow order. The decisive or performed similar or comfort
of Govt factor is intent or acts on behalf of
INS: merely to effect motive rebels is LEADER REBELLION v
some change of SUBVERSION
minor importance or Coup d’etat: - SUBV is crime
to prevent exercise - Leads or in any against nat’l security;
of Govt authority manner directs or REB is crime against
with respect to commands others to public order
particular matters or undertake coup: RP
objects - Govt participant
ART 134-A COUP 1. Offender is a Swift attack OFFENDER: (execute directions May be committed
D’ETAT person/s belonging accompanied by - military police or commands): RT with or without
to the military police violence, - public officer or Max civilian participation
Added to the RPC by or holding any public intimidation, threat, employee - Private participant
RA 6968 office or employment strategy or stealth (supports, finances, Art 48 (complex
2. Committed by OFFENDED PARTY: abets or aids): PM crimes) cannot be
means of a swift - duly constituted Max applied
attack accompanied authorities of the RP
by violence, - any military REBELLION v
intimidation, threat , camp/installation/ COUP D’ETAT
strategy or stealth public utilities/facility COUP: Offender
3. Attack is directed needed for exercise belongs to military or
against duly and continued holding pub office/
constituted possession of power employment; REB
authorities of the RP committed by any
OR any military person
 camp/installation/ COUP: direct attack
public utilities/facility against Gov’t
needed for exercise authorities etc, REB
and continued uprising against the
possession of power Gov’t is enough as
4. Purpose to one element
seize /diminish state
power
ART 136 1. Conspiracy and Conspiracy and
CONSPIRACY AND proposal to commit proposal (coup): PM
PROPOSAL TO coup min and fine <
COMMIT RIC 2. Conspiracy to P8,000
commit rebellion
3. Proposal to Conspiracy (RI): PC
commit rebellion max and fine <
P5,000

Proposal (RI): PC
med and fine <
P2,000
ART 138 1. Offender does not Any person who Rebellion must not yet INCITING v
INCITING TO take arms OR is not does not take arms be committed, PROPOSAL TO
REBELLION OR in open hostility or is not in open otherwise, the crime COMMIT
INSURRECTION against the Gov't (at hostility against the committed is already REBELLION
least one of the act Gov't rebellion with the - Offender induces
required in rebellion) inciting a principal by another to commit
Purpose: inducement if rebellion in both
2. Incites others to requisites of Par 2, Art - PROPO offender
the execution of any 17 is present decided to commit;
of the acts of INCITING not
rebellion required that he
3. By means of decided
speeches, - PROPO secret
proclamations, means; INCITING
writings etc public act
ART 139 1. Offenders rise SEDITIOUS GOALS: “Tumultous” is Public uprising Common crimes are ART 140 PENALTY SEDITION v
SEDITION publicly AND 1. Prevent given a definite not absorbed and FOR SEDITION REBELLION:
tumultuously promulgation or meaning in Art 163 treated as separate - difference lies in
Sedition – raising of 2.Employ force, execution of any law which is more than crimes (Ppl v Leader: PM Min and the object/purpose
commotions or intimidation or other or the holding of any three persons (i.e. at Cabrera) fine < P10,000 of the uprising
disturbances in the means outside legal popular election least four) who are Participants: PC Max INTENT - SED
State methods 2. Prevent Nat'l Gov't armed or provided and fine < P5,000 purpose is either
3. Employs those or any prov/muni with means of political or social;
Ultimate object: means to attain any Gov’t OR public off violence REB always political
violation of public of the objects from freely OVERT - REB taking
peace or at least political or social exercising its/his up arms against
such a course of purpose (in the function OR prevent Gov’t is required;
measures as right column) the execution of any SED tumultuous is
evidently engenders administrative order sufficient
it 3. Inflict any act of
hate or revenge SEDITION v
upon the person or TREASON
property of any - TREA violation by
public officer or subject of his
employee allegiance to
4. Commit for any sovereign; SED
political or social raising of commotion
end, any act of hate or disturbances in
or revenge against the State
private person or any
social class SEDITION v COUP
5. Despoil, for any D’ETAT
political and social COUP: no minimum
end, any person, number of persons ;
municipality or SED more than 3
province or the Natl armed men
Gov’t of all its COUP: political
property or any part purpose; SED
political or social
purpose
ART 141 1. 2 or more persons Two or more persons PC max and fine < P If only “attain object No liability for
CONSPIRACY TO come to an who have reached an 2,000 of sedition” without proposal to commit
COMMIT agreement and a agreement and “rising publicly and sedition
SEDITION decision to rise decided to attain the If government tumultuously” 
publicly and object of agreement official/employee: conspiracy to commit
tumultuously to (seditious acts + rise accessory penalty of DIRECT ASSAULT
attain any of the publicly and tumult) absolute perpetual (1st Form), which is
objects of sedition disqualification from not a felony
2. They decide to holding any public
commit it office
ART 142 1. Offender does not 1. Inciting others to Any person who Disturbance or Seditious words and Deliberately vague
INCITING TO take part in the the accomplishment does not take direct disorder is not scurrilous libels are
SEDITION crime of sedition of any of the acts part in the crime of necessary to inciting punishable when: Two rules for
2. He incites others which constitute sedition to sedition 1. they tend to seditious words:
to the sedition by means of disturb/obstruct any 1. clear and present
accomplishment of speeches etc lawful officer in danger rule
any acts which 2. Uttering seditious executing the 2. dangerous
constitute sedition words/speeches functions of his office tendency rule -
3. Inciting is done by which tend to disturb 2. they tend to words uttered could
means of speeches public peace instigate others to easily produce
etc or other 3. Writing, publishing cabal and meet disaffection among
representation or circulation together for unlawful the people, and state
tending to the same scurrilous (low, purposes of feeling
end vulgar, mean or foul) 3. they suggest to incompatible with a
libels against Gov’t or incite rebellious disposition to remain
any of the duly conspiracies or riots loyal to the gov’t)
constituted 4. lead or tend to stir
authorities which up the people
 tend to disturb public against the lawful
peace authorities or to
disturb the peace of
REASON: Forbid the the community, the
advocacy of a safety and order of
doctrine designed to the Government
overthrow gov’t,
don’t wait for
adverse effects and
danger
ART 145 1st mode: 1. Using force, OFFFENDED PARTY: Congress is in regular Partly inoperative: Not necessary that
VIOLATION OF 1. using force. intimidation threats any member of or special session with respect to he is actually
PARLIAMENTARY intimidation, threats or fraud to prevent Congress or penalizing a public prevent, as long he
IMMUNITY or fraud any member of Constitutional When is Congress in official or employee has the intention to
2. Purpose: prevent Congress from: Commission recess? who shall arrest or prevent
INCONSISTENCY any member of - attending meetings 1. SONA search the member
WITH 1987C: should Congress from of Congress or of OFFENDER: 2. From time to time, of the Congress. Parliamentary
be amended to - attending meetings any of its committees 1. Any person but it does not mean immunity does not
“punished by the - expressing opinion or subcom, ConCom 2. Public officer or they are not in protect them before
penalty of PM or - casting vote or committees or employee with session the legislative body
higher” divisions thereof, authority to arrest itself
2nd mode: - expressing his
1. Public opinions or Covers only civil
officer/employee - casting his vote arrests. Does not
2. arrests or 2. Arresting or cover treason, felony
searches any searching any and breach of peace.
member of Congress member of Congress (Martinez v Morfe)
3. At the time of while it is in regular
search or arrest, or special session,
Congress is in special except in case such
or regular session member has
4. Member of committed a crime
Congress has not punishable under the
committed crime RPC by a penalty
higher than PM higher than PM
RA 8294 “Provided no other crime was committed.” - Produces no effect if the offender can be punished with special laws or violation of the RPC
ILLEGAL Use of unlicensed firearm:
POSSESSION OF SPECIAL AGGRAVATING CIRCUMSTANCE: homicide, murder
FIREARMS ABSORBED AS AN ELEMENT CRIME: rebellion or insurrection, sedition, attempted coup d’etat
ART 148 1st mode: WITHOUT PUBLIC OFFENDER: A. In actual 1. Assault is Additional penalty if If with public and Not necessarily
DIRECT ASSAULT 1. Offender employs UPRISING: Any person performance of committed with a tumultuous uprising: committed against
force or intimidation official duties weapon SEDITION (Art 134) public official
2. Purpose: attain 1. By employing OFFENDED PARTY: - regardless of 2. When the offender because SEDITION
any of the objectives force, intimidation (For Form 1: should location, as long as it is a public officer or may be committed
or goals in the crime for the attainment of not be because does not descend to employee against private
of rebellion or any of the purposes ART 152 private matters 3. When the offender persons (Art 139 Par
sedition enumerated in Person in lays hand upon a 4)
3. No public uprising defining the crimes authority – directly B. By reason of person in authority
of rebellion and vested with past performance Inclusion of
 2nd mode: sedition jurisdiction which is of official duties – TEACHERS,
1. Offender makes 2. By attacking, the power or the impelling motive MAYBE COMPLEXED PROFESSORS and
an attack, employs employing force or authority to govern of the attack is the e.g. Direct assault PERSONS CHARGED
force, makes serious by seriously and execute laws performance of official with homicide or WITH THE
intimidation or intimidating or – powers and duties duty murder or serious SUPERVISION OF
makes serious resisting any person vested in him by law - even if at the very physical injuries, PUBLIC OR DULY
resistance in authority or nay of should be time of the assault, no Attempted murder RECOGNIZED
2. Person in his agents, while determined official duty was being with direct assault PRIVATE SUC as
authority or his engaged in the discharged (Ppl v Beltran) “persons in
agent is assaulted performance of Agents of person - “on occasion” = by authority” – Limited
3. At the time of the official duties or on in authority – by reason or because ABSORBS: application to Art 148
assault: engaged in occasion of such direct provision of - evidence of motive - slight physical and 151 only
actual performance performance law, or by election or is important only in injuries
or by reason of past by appointment by Form 2 but not in
performance REASON: violate competent authority Form 1 bec of this
4. Offender knows disrespect for is charged with the element
that he is assaulting representative of maintenance of
a person in authority sovereign authority public order and the No public uprising
or his agent protection and
5. No public uprising security of life and
property
Purpose: intention - any person who
to defy authorities comes to the aid of
PIA shall be deemed
an agent
ART 149 1. PIA or his agent is OFFENDED PARTY: Presupposes violation If there is no direct Applies only when
INDIRECT the victim of any of May be a private of Art 148 (Direct assault committed, one comes to the
ASSAULT the forms of direct person Assault) only PHYSICAL aid of an agent
assault defined in Art INJURIES because one cannot
148 be an agent of an
2. person comes to agent. By virtue of
the aid of such Art 152, any private
authority or his person who comes to
agent the aid of a PIA
3. Offender makes automatically
use of force or becomes an “agent”
intimidation upon
such person coming
to the aid of the
authority of his agent
ART 156 1. There is a person OFFENDER: any Includes hospital or Violence, intimidation Arresto mayor max If offender is public Employment of
DELIVERY OF confined in jail or person not entrusted asylums or bribery officer charged with deceit not a
PRISONERS FROM penal establishment with the custody of the custody of the necessary element
JAIL 2. Offender removes the prisoner, e.g. Taking the guards by Arresto mayor min prisoner:
therefrom such employee of the surprise outside the CONNIVING WITH
person OR helps the penal institution, off- establishments OR CONSENTING TO
escape of such duty guard (usually EVASION (Art 223)
person 3rd person)
 PRISONER: either by
final judgment or
detention
Liability: detention
prisoner, no liability;
by FJ, evasion of
service (Art 157)
ART 157 1. Offender is convict Evasion of convict of OFFENDER: convicts QUALIFIED if ISL not applicable Applicable to the
EVASION OF by final judgment service of his by final judgment committed by PC med and max sentence of destierro
SERVICE OF 2. Serving sentence sentence by escaping means: Qualified: PC max (Ppl v Abilong) but
SENTENCE which consists in the during the term of s NOT INCLUDE: - unlawful entry (by not deportation
deprivation of liberty imprisonment by - detention scaling or climbing
3. Evades service of reason of FJ prisoners: pending walls)
his sentence by investigation or trial - breaking doors,
escaping during the Escape – flee from, - minor delinquents: windows etc
term of his sentence avoid, get out of the in a reformatory - using of picklocks
way, as to flee to institution or the - connivance with
avoid arrest sentence is other convicts or
- escape is only suspended employees of the
possible after - deported aliens penal institution
starting service of
sentence (Tanega v
Masakayan)
ART 159 1. Offender was a Violation of any of OFFENDER: Convicts 159 v 157 PC Min but if penalty If condition is “not NATURE OF
OTHER CASES OF convict the conditions in a granted conditional 159: does not cause remitted by the commit another CONDITIONAL
EVASION OF 2. He was granted conditional pardon pardon by the Chief harm or injury to the granting of the crime” must be PARDON: a contract
SERVICE OF pardon by the Chief granted by the Executive right of other person pardon is more than found guilty first for bet the Pres (who
SENTENCE Executive President upon the nor does it disturb 6 years: suffer the Art 159 to apply. grants the pardon)
(Violation of 3. He violated any of convict public order BUT unexpired portion of However, under Sec and the convict (who
Conditional the conditions of merely an original sentence 64 (i) of RAC accepts it)
Pardon) such pardon infringement of offender can be - conditions extend
contract; 157: - not a substantive arrested and even to other laws
attempt at least to offense, bec penalty reincarcerated and not just RPC
evade penalty inflicted is unexpired portion without trial. Pardon
by courts and thus - distinct crime s is prerogative of the
defeat purpose of law President; purely
of either reforming or executive acts not
punishing them for subject to judicial
having disturbed scrutiny (Torres v
public order Gonzales)
ART 160 1. Offender was Special aggravating OFFENDER: already BEFORE (e.g. Cannot be offset by Punished by the v REITERACION
COMMISSION OF already convicted by circumstance where convicted by FJ for pendency of appeal, ordinary mitigating maximum period of (or habituality)
ANOTHER CRIME final judgment of a person, having one offense (whether conviction of RTC circumstances penalty prescribed by - an aggravating circ,
DURING SERVICE one offense been convicted by of RPC or SPL) affirmed by CA) the law for the new Art 14 Par 10) –
OF PENALTY FOR 2. Committed new FJ, shall commit a But MINORITY is felony. requires that the
ANOTHER felony before new felony before 2nd crime must be a or privileged mitigating offender shall have
PREVIOUS beginning to serve beginning to serve felony, not special circumstances served out his
OFFENSE such sentence OR such sentence or law because SPL WHILE (e.g. Ppl v sentences for the
(Quasi- while service the while serving the have no periods Dioso and gang riots) MAY BE PARDONED prior offenses
 Recidivism) same same. similar to that of if:
felonies serving previous - age is 70 and
sentence by FJ served out his orig
Not required that sentence or
embraced in the complete it after
same title of RPC or reaching that age
same character - not habitual
criminal
UNLESS by conduct
or other circ,
deemed unworthy of
clemency

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ART 161 Intent to use is FORGING Actual use not If Pres left a blank Not FALSIFICATION
COUNTERFEITING necessary, merely 1. the Great Seal of required to be paper with signature OF DOCUMENT if
Great Seal copying for souvenir the Gov't punished as long as and secretary wrote signature of
is okay 2. signature of the the offender document above it, President is forge,
FORGING President intended to use it FALSI BY PUB OFF A161 supplies
President’s 3. stamp of the Pres (171) or FALSI BY specific provision
signature or stamp PVT INDIVAND USE
OF FALSI DOCU
(172)
ART 162 1. Great Seal was OFFENDER: Used the Act is in effect the If the user is the
USING counterfeited OR counterfeited/forged act of an accessory forger, punished
forged signature signature/stamp was Seal/Stamp/Signatur but penalty is only under A161
counterfeit seal or forged by another e AND not the forger one degree lower
stamp person
2. Offender knew of
the counterfeiting
3. Used the
counterfeit/forged
4. Offender is not the
forger
ART 163 1. There be FALSE or Counterfeiting – OFFENDER: Giving the KINDS OF COINS
MAKING, MUTILATED coins imitation of a - Made appearance of silver WHICH CAN BE
IMPORTING, 2. offender either genuine or legal coin. - Imported piece to a copper COUNTERFEITED:
UTTERING MADE, IMPORTED or May contain more - Utttered in cent, ESTAFA under 1. silver coin of the
false coins UTTERED such coins silver than the connivance with Art 318 (other Phil or con of the CB
3. In case of ordinary coin counterfeiters or deceits) 2. coin of the minor
uttering, such false - Spurious coin, importers coinage of the Phil or
or counterfeited imitation of the CB (below 10 cents)
coins, he connived peculiar design of the 3. coin of the
with the coin currency of a foreign
counterfeiters or country irrespective
importers Import – bring them of WON it is still in
into the port, it is official circulation
 Intent to bring complete before (Ppl v Kong Leon)
into the country is entry at the Customs 4. former coins
necessary House withdrawn from
circulation
Utter – pass
counterfeited coins;
delivery or act of
giving them away
ART 164 Intent to damage 1. Mutilating coins of the legal currency, with the further requirement that there be intent to PC Min and fine not Mutilating coins of
IMPORTING or defraud another damage or defraud another to exceed P2000 foreign country not
UTTERING actionable.
mutilated coins Coin must be of legal Mutilation – take off part of the metal either by filing it or substitution it for another metal of
tender. inferior quality; diminish by ingenuous means the metal in the coin. Mutilation was done not
(genuine coins but for the sake of mutilating it but to take advantage of the metal abstracted as a result of
defective) which, the coin diminishes in intrinsic value

2. Importing or uttering, with the further requirement that there must be connivance with the
mutilator or importer in case of uttering
ART 165 1st mode: 1. Possession of coin, OFFENDER: without Not only actual or Unlike 164, does not
SELLING 1. possession of counterfeited or connivance with physical require that false
false or mutilated false/mutilated coin mutilated by another counterfeiters, possession but also coin is legal tender.
coins 2. with intent to utter person, with intent to possesses and utters constructive BUT if mutilated, it
WITHOUT 3. knowledge of utter, knowing that it with knowledge possession must be legal tender.
CONNIVANCE falsity/mutilation is false or mutilated. (subjection of the (Because if not legal
thing to one’s tender, cannot be
Offense punished: 2nd mode: 2. Actually uttering control) considered as
mere holding of 1. actually uttering such false/mutilated “mutilated”)
false/mutilated coin 2. knowledge of coin, knowing the
with intent to utter falsity/mutilation same to be
false/mutilated

ART 166 ART 169 1. Forging or OFFENDER: Any Can also be a. Obligation or Falsification of PNB NOTES & OTHER
FORGING, falsification of person committed by: security issued by checks are OBLIGATIONS AND
IMPORTING, FORGERY – giving treasury or bank the Gov’t commercial SECURITIES THAT
UTTERING to a treasury/bank notes or other - Using genuine bank b. Circulating note documents punished MAY BE
treasury or bank note or to order the documents payable notes issued by Phil issued by any under Art 172 in FORGED/FALSIFIED:
notes or other appearance of a true to the bearer Gov’t (Del Rosario v banking association connection with Art 1. Treasury or bank
documents and genuine docu 2. Importation of Ppl) duly authorized by 171 notes
payable to the - used for such false/forged obli law to issue the 2. Certificates
bearer falsification and or notes - Giving appearance same 2. Other obligations
counterfeiting of 3. Uttering of such of true and genuine c. Document issued and securities,
treasury or bank false/forged obli or documents to by a foreign gov’t payable to the bearer
notes or any notes in connivance otherwise genuine d. Circulating note or
instruments payable with the forgers or paper bills withdrawn bill issued by a Punished more
to order/bearer importers from circulation (Ppl foreign bank duly severely than
v Galano) authorized to issue counterfeiting of
FALSIFICATION – the same coins because tends
erasing, substituting, to bring such
counterfeiting or documents into
 altering by any discredit and
means, the figures, produces lack of
letters, words or confidence on the
signs contained part of holders to the
- used for 8 acts in A prejudice of the
171 interest of society
and of the State
ART 167 1. Instrument REASON: maintain Connivance not Limited to
COUNTERFEITING, payable to order or the integrity of the required if the instruments payable
IMPORTING, other document of currency and thus utterer is the forger to order, negotiated
UTTERING credit not payable to insure the credit by indorsement and
instruments not bearer standing of the Gov’t delivery
payable to the 2. Offender either and prevent the
bearer FORGED, IMPORTED imposition on the
or UTTERED such public and gov’t of
instrument worthless notes and
3. In case of obligations
uttering, he connived
with the forger or
importer
ART 169 1. payable to bearer, 1. Using Person in possession Possession is not a
POSSESSION, USE payable to order or forged/falsified of falsified/forged criminal offense, it is
false treasury or not payable to bearer instruments instrument and who possession with
bank notes is forged or falsified uses same is intent to use.
by another person 2. Possessing with presumed to be the
2. Knows that any of intent to use any of material author of
those instruments is such false/falsified falsification, unless
forged/falsified instruments there be satisfactory
3. Performs any of explanation of
these acts: possession of forged
- using bills
- possessing with
intent to use
ART 170 1. That there be a Alteration of bills, There is a genuine If the meaning was
FALSIFICATION bill, resolution or ordinance or ordinance. Fabricated not changed,
of legislative docu ordinance enacted or resolution and or simulated punished either
approved or pending changed its meaning legislative document under Art 171 or Art
approval by either is not covered. 172.
House or any
prov/muni council
2. Offender alters the
same
3. He has no proper
authority therefor
4. Alteration changed
the meaning of the
document
ART 171 1. Offender is a 1. counterfeiting or imitating any handwriting, signature or rubric OFFENDER: COMPLEXED WITH: Document – any
FALSIFICATION puboff/employee etc - intent to imitate, or attempt (inferred from sufficient resemblance) - Public off/employee Estafa (Ppl v Villalon) written statement by
 by pub off 2. Takes advantage - some resemblance between genuine and forged (need not be perfect) - Notary public Theft which a right is
of pub docu of his official position 2. causing it to appear that persons have participated in any proceeding when they did not in - Ecclesiastical Malversation established or an
3. Falsifies a fact so participate minister (with - before falsified obligation is
REASON: protect document by - imitation of signature not necessary, if by PRIV INDIV, Art 172 applies respect to any record docu is used to extinguished
interest of the committing any of 3. attributing to persons who have participated in an act or proceeding statements other than or document of such defraud another, it is - a writing or
community which is the acts in the right those in fact made by them character that its consummated. instrument by which
intended to be  4. making untruthful statements in a narration of facts falsification of which (e.g. Estafa thru a fact may be proven
guaranteed by the 4. If ecclesiastical a. narration of facts, not conclusion of law affects civil status of falsif of pubdocu, or affirmed
strictest faithfulness minuter, affect the b. legal obligation to disclose the truth (required by law) persons) Theft thru falsif of
of the officials civil status of the c. absolutely false, no colorable truth in statements ofcial docu, Estafa Genuine document is
charged with the person d. wrongful intent of injuring a 3P, no falsification if in good faith -> can be committed by Private persons who thru falsif of coml. needed in:
preparation and omission conspire with the Docu by reckless - Par 3, Par 6, Par 8
preservation of the Intent to gain or 5. altering true dates offenders listed imprudence, Par 7
acts in which they cause damage is - date must be essential (e.g. birth, marriage, death) above is also guilty Malversation thru - document is
intervene not necessary in 6. making any alteration (change) or intercalation (insertion) in a genuine document which of the same crime falsif of pub docu) executed with
public document changes its meaning intervention of a publ
- if speaks the truth, not falsification but correction (Cabigas v Ppl) Generally, UNLIKE in private off/emp, notary
7. issuing in an authenticated form a document purported to be a copy of an original falsification has no document wherein public
document when no such original exists OR including in such a copy a statement contrary to, attempted or the damage is not
or different from that of the genuine original frustrated stage. caused directly by Documents may be
- presupposes “taking advantage of position,” committed during the preparation stage Consummated the falsification but by simulated/fabricated
8. intercalating any instrument or note relative to the issuance thereof in a protocol, registry moment genuine is estafa itself
or official book altered or the false
docu is executed. FALSIFICATION thru
Does not matter if reckless imprudence
offender did not  only for public
achieve his docu and not priv
objectives. docu (malice is
needed in priv docu
which negates
imprudence)
ART 172 Par 1 1. Offender is a pvt Committed any of OFFENDER: Committed in a: INTENT TO CAUSE Possessor of falsified
FALSIFICATION indiv or puboff who the acts of falsif in - Private individual - Public document DAMAGE NOT is presumed to be
by private indiv did not take Art 171 - Public officer who (exigencies of pub NECESSARY bec the author of falsif
advantage did not take service or pub ofc’s pubdocu and what is UNLESS:
2. Committed A171 advantage of his intervention) punished is violation
3. Public, official, position - Official document of public faith and
commercial docu or (in the exercise of the destruction of
letter of exchange the fxn of his ofc) the truth as therein
- Commercial solemnly proclaimed
Criminal intent or document
malice still necessary - Letter of exchange
ART 172 Par 2 1. Offender is any CONCURRENCE OF: OFFENDER: Any Committed in a: PUB DOCUMENT v
FALSIFICATION person, commit 171 - Committed any of person - Private document PVT DOCUMENT
of private docu except Par 7 the acts of falsif in (executed by indiv Damage or intent to
2. Committed in any Art 171 except Par 7 without intervention cause damage to 3P
priv document - Performed an of public officials) not necessary in
3. Falsif caused independent act PUBLIC but
damage to a 3P or at which operates to Causes damage to a necessary in
 least intent to the prejudice of 3P 3P or at least the PRIVATE. As a result
cause such damage  damage need not falsif was committed of which complexing
be material with intent to of falsified private
cause damage document is NOT
possible. The
damage is not
caused by
falsification but by
estafa. Must exist
with its own element
of damage.
ART 172 Par 3 1. Offender knew 1. Introduced in OFFENDER: Knows Introduced in any jud
USE OF FALSI that the docu is falsi judicial proceedings that the document is proceeding
DOCU by another person (damage not falsified by another
2. False docu is necessary) person Damage is not
embraced in A171 or 2. Introduced in non- necessary for judicial
A172 (1 or 2) judicial proceedings If offender is also the proceeding, but
3. Introduced said (damage is author of necessary for other
docu in evidence in necessary, but falsification, “use” is transactions
any judicial immaterial if PUBLIC not punished as
proceeding document) separate crime
4. Damage not
necessary USER DEEMED THE
AUTHOR IF:
OTHER TRANS: 1. use was so closely
1. Offender knew connected in time
that the docu is falsi with the falsification
by another person 2. user had the
2. False docu is capacity of falsifying
embraced in A171 or the document (Ppl v
A172 (1 or 2) Sendaydiego)
3. Used such docu
(not in judproceed)
4. Use caused
damage to another
or at least intent to
cause such damage
ART 177 USURPATION OF: OFFENDER: Any PC Min and Med
USURPATION Authority – falsely person including
representing oneself public officials
to be an officer,
agent, or
representative of any
dept. or agency of
the Phil Gov’t or
foreign gov’t
- functions; offender
has no connection
with the office he
 represents

Official functions –
performing any act
pertaining to any
person in authority
or puboff of the Phil
Gov't or of a foreign
gov’t or any agency
therof, under
pretence of official
position, without
being lawfully
entitled to do so
- excess of authority;
has connection with
the office but acts
done not part of his
functions

ART 178 1st mode: 1. Using fictitious FORM 1 publicly CAUSING DAMAGE: COM ACT 42:
USING 1. Offender uses a names publicly FORM 2 not publicly Public interest: Regulates the use of
FICTITIOUS NAME name other than his Fictitious name (Art aliases
real name 2. Concealing true 178) - Difference in
2. Uses the fictitious name Private interest: purpose and manner
name publicly (e.g. Estafa (Art 315 Par (publicly)
passport) 2a) - Use of alias allowed
3. Purpose is to if for literary, cinema,
- conceal a crime TV, radio or other
- evade execution of entertainment
a judgment purposes and in
- cause damage athletic events

2nd mode:
1. Offender conceals
his true name and
other personal
circumstances
2. Purpose only is
to conceal his
identity
ART 179 1. Offender makes Use IUD of: OFFENDER: Any Exact imitation of
ILLEGAL USE OF use of insignia, - Office not held person IUD is not necessary
UNIFORMS OR uniform, or dress - Class of which he is
INSIGNIA 2. The insignia, not a member RA 75 punishes
uniform or dress unauthorized
pertains to an office Publicly wearing of UID or
not held by the regalia of a foreign
offender or to a class Improperly state, or one nearly
 of persons of which resembling the same
he is not a member with intent to
3. That said IUD is deceive or mislead
used publicly and
improperly RA 493 insignia,
badge or emblem of
rank of the members
of the AFP or PC or
any colorable
imitation thereof; not
applicable in plays,
movies or theaters
FALSE TESTIMONY 1. There be a ART 180 – Against OFFENDER: ART 180 – Against PENALTY of Art 180 Rectification made
IN CRIMINAL criminal proceeding Knowingly giving a Liable even if his Defendant must be depends on the spontaneously after
FT against defendant testimony was not sentenced to: penalty imposed realizing the mistake
False Testimony is Art 180 in crim pro considered by the 1. correctional upon the defendant is not FT
committed by 2. Offender testifies court penalty
persons who, being falsely under oath ART 181 – In favor 2. fine PENALTY of Art 181
under oath and against defendant Knowingly giving a REASON: law 3. acquitted based on potential
required to testify as 3. Offender who FT in favor of punishes the false penalty
to the truth of a gives FT knows it is defendant in crim pro witness even if ART 181 – In favor
certain matter at a false defendant in - Conviction not
hearing before a 4. Defendant against REASON (181): not principal case is necessary
competent authority, whom FT is given is because of the effect acquitted, punish the - FT need not benefit
shall deny the truth either acquitted or it actually produces, mere giving of FT the defendant
or say something convicted in an FJ but because of its - Expert statement is
contrary to it. tendency to favor or ART 181 may also a mere opinion and
Art 181 prejudice the apply to defendant not FT
2. Offender testifies defendant who falsely testified
falsely under oath in on his own behalf
favor the defendant (esp. falsely impute
3. Offender who to other persons
gives FT knows it is
false
4. Trial need not be
terminated
ART 182 1. Testimony given in Knowingly giving FT Applies to ordinary Penalty depends on
FALSE TESTIMONY civil case in a civil case civil cases; not to the amount of
IN CIVIL 2. FT relate to the special proceedings controversy
issues presented in
said case
3. Testimony is false
4. Offender knows
testimony is false
5. Testimony is
malicious and intent
to affect the
issues presented
in the case
 ART 183 1. Made a statement 1. Falsely testifying Willful and deliberate Other cases e.g. AM max – PC min SUBORNATION OF
FALSE TESTIMONY under oath or under oath (not in a assertion of before justice of the PERJURY: knowingly
IN OTHER CASES executed an affidavit judicial proceeding) falsehood peace, fiscal during and willfully
(Perjury) upon a material preliminary procuring another to
matter (main fact 2. Making false investigation swear falsely and the
Oath – form of which is the subject affidavit witness suborned
attestation by which of the inquiry) JUDPRO – actual trial does testify under
a person signifies 2. S or A made wherein judgment of circumstances
that he is bound in before a competent conviction or rendering him gulty
conscience to officer, authorized to acquittal is rendered of perjury
perform an act receive and
faithfully and administer oath Good faith or lack of
truthfully. 3. Accused made a malice is a defense in
willful and deliberate perjury
Affidavit – sworn assertion of
statement in writing, falsehood No perjury through
a declaration in 4. Sworn S or A imprudence or
writing, made upon containing falsity is negligence
oath before an required by law
authorized
magistrate or officer
ART 184 1. Offender offers in Knowingly offering in OFFENDER: Any Judicial or official FT if judicial If induce the witness,
OFFERING FALSE evidence a false evidence a false person proceeding proceeding Art 180, 181, 182 or
TESTIMONY IN witness or testimony testimony in any Art 183 in relation to
EVIDENCE 2. Knows that judicial proceeding Perjury if other than Art 7, Par 2 will apply
witness/testimony is judicial proceeding
false Does not induce a
3. Offer is made in a witness to testify
judicial or official
proceeding
ART 185 1. Public auction 1. Soliciting any gifts OFFENDER: Any Public auction Mere attempt PC min and fine 10- “Other artifice”
MACHINATIONS 4. Intent to cause or promise as a person wherein the Gov’t is consummates the 50% of the value of e.g. telling them that
IN PUBLIC the reduction of the consideration for the seller, not on crime the thing auctioned public bidding would
AUCTIONS price of the thing refraining from acquisition of not be held at the
auctioned taking part in the property nor time to make them
auction procurement go away, knowing
1st mode: 2. Attempting to that the bidding
2. Offender solicits cause bidders to stay would not be
any gift or a promise away from an postponed.
from any of the auction by threats,
bidders gifts, promises or
3. Gift or promise is any other artifice
the consideration for
his refraining from
taking part in that
public auction

2nd mode:
2. Cause the bidders
 to stay away from
public auction
3. Done by threats,
gifts, promises or
any other artifice

TITLE FIVE: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

RA 9165 PURPOSE: jail pushers, save users
DIFFERENT CLASSES OF ACTS PUNISHED:
1. Manufacture, importation, sale – manufacture, importation, selling, administering, dispensing, delivering, giving away, distributing, dispatching, transporting (of jDD, precursor and
equipment)
2. Possession, use (of DD, precursor, equipmen, instrument, apparatus, other paraphernalia for drug use, where use = smoking, consuming, administering, injecting, ingesting,
introducing into the body; penalty on possession depends on the amount of substance possessed)
3. Maintenance of a den (employees and visitors of den are liable)

KINDS OF SUBSTANCE PROHIBITED:

1. Dangerous drugs
2. Controlled precursor – ingredients for manufacture of dangerous drugs

PENALTIES:
1. Pushers: 1st offense – jail
2. Users: 1st offense – rehab, 2nd offense – jail
3. Elective local or noational official – remove from office and perpetual disqualification from public office (elective and appointive)
a. Benefited from proceeds of the trafficking of DD
b. Received any financial or material contributions or donations

HIGHER PENALTY GIVEN IF

1. acts under class 1 transpire within 100 km from school
2. drug pushers use minors or mentally incapacitated as runners, couriers, and messengers or in any other capacity
3. victim of acts under class 1 is a minor/mentally incapacitated
4. offender manages or acts as financier for act under class 1
5. clandestine laboratory for manufacture is secured by booby traps
6. laboratory is within 100 m from residential, business, church, or school premises
7. clandestine laboratory is concealed with legitimate business operation
8. employment of a practitioner, chemical engineer, public official, or foreigner
9. possession/use is in a company of at least 2 persons (pot session)
10. dangerous drugs is administered in a den to a minor
11. use of the drug is the proximate cause of the death of a person using such den, dive, resort
12. offender organizes, manages or acts as a financier of the den

PRIMA FACIE EVIDENCES/PROOF:

1. presence of precursor OR laboratory equipment in a clandestine laboratory = manufacture of dangerous drug
2. possession of EIAO = smoked, consumed, administered to himself/herself, injected or used a DD, presumed to have violated Sec 15

ADMINISTRATIVE FRAMEWORK:

Dangerous Drug Board – policy-making and strategy-formulating body; decides on adding/deleting substances from the current list of dangerous drugs and precursors
 Philippine Drug Enforcement Agency – implementing arm of the DDB responsible for the efficient and effective law enforcement of all the provisions of the Act; takes custody of all items
confiscated
Department of Health – in charged for accreditation of drug testing laboratories and issuance of special prescription paper for practitioners who use DD
DepEd, CHED, TESDA – cause the development, publication, and distribution of info an support educational materials
DILG, NYC, DSWD – establish in each of its provincial office a special drug education center of out of school youth
DSWD – in charged of accreditation of civil organization under which a drug dependent discharged shall undergo community service

DRUG TESTING:
Mandatory:
1. Applicants for driver’s license
2. Applicants for firearm’s license and for permit to carry firearms outside residence
3. Officers and members of the military, police, and other law enforcement agencies
4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than 6 yrs and 1 day
5. All candidates for public office whether appointed or elected both in the national or local government
Random:
1. Students of secondary and tertiary schools – expenses for both public and private born by the government
2. Officers and employees of or public and private offices – ground for termination

TITLE SIX: CRIMES AGAINST PUBLIC MORALS

ART 195 Only illegal if not 1. Taking part directly and indirectly in: LOI 816 exclude
GAMBLING allowed by law (e.g. a. any game certain prohibited
PAGCOR, PCSO, b. exploitation of any mechanical invention or contrivance to games under PD
Gambling – any Lotto), but is “legal” determine by chance the loser or winner of money or object 1602
game or scheme, if sanctioned by the representative of value
whether upon chance state 2. Knowingly permitting any form of gambling to be carried on in any When exclusively
of skill, wherein place owned or controlled by the offender intended for home
wages consisting of REASON: Repress an 3. Being maintainer, conductor, or banker in a game of jueteng or entertainment or
money, articles or evil that undermines similar game parlor games:
value of repress of the social, moral and 4. Knowingly and without lawful purpose, possessing lottery list, 1. Domino
value are at stake or economic growth of papers or other matter containing letters, figures, signs or symbols 2. Bingo
made (money, game the nation which pertain to or are in any manner used in the game of jueteng or 3. Mahjong
or services) any similar game 4. Poker (not played
with five card stud)
5. Cuajo
6. Pangguingue
ART 198 1. Betting on horse DAYS ALLOWED:
ILLEGAL BETTING races during periods 1. Sundays not
ON HORSE RACES not allowed by law reserved
2. Maintaining or 2. 24 Saturdays
employing a totalizer 3. Legal holidays
or a device or except those
scheme for betting enumerated above
on races or realizing
profit therefrom NOT ALLOWED:
during the periods 1. Independence Day
not allowed by law 2. Rizal Day
 3. Registration or
Voting Day
4. Holy Thursday
5. Good Friday
ART 200 1. Offender performs OFFENDER: Any Committed in a
GRAVE SCANDALS an act or acts person public place
2. Such act or acts
be highly scandalous Or
or offending against
decency or good Within public
customs knowledge or view
3. Highly scandalous
conduct is not
expressly falling
within any other
article of this code
4. Act/s complained
of be committed in a
public place or within
the public knowledge
or view
ART 201 1. Publicly expound
IMMORAL or proclaim doctrines
DOCTRINES, openly contrary to
OBSCENE public morals
PUBLICATIONS 2. Writing,
AND EXHIBITIONS publishing, and
selling obscene
Moral – conformity literatures
with the generally 3. Exhibiting indecent
accepted standards or immoral plays,
or goodness or scenes, acts, or
rightness in conduct shows
or char, sometimes, 4. Selling, giving
specifically to sexual away, or exhibiting
conduct films, prints,
engravings,
sculptures, or
literature which are
offensive to morals
VAGRANCY OFFENDER: Any person who PD 1563
1. Has no apparent means of subsistence, with physical ability to MENDICANCY
work but fails to apply to lawful calling LAW OF 1978
2. Loitering in public or trampling without visible means of support
3. Idle or dissolute person who lodges in house of ill-fame RA 9208
4. Ruffian, pimps and those who habitually associate with prostis ANTI-HUMAN
5. Prostitutes – sexual intercourse/ lascivious conducts for money or TRAFFICKING ACT
profit
TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS
ART 203 WHO ARE PUBLIC OFFICERS:
1. Taking part in public functions in the Gov't OR performing in said Gov't public duties as an employee, agent, or subordinate ofcial of any rank or class
2. Authority to take part in performance of public functions or perform public duties
- by direct provision of law
- by popular election
- by appointment by competent authority

MISFEASANCE improper performance of some act which might have
been lawfully done
Art 204 Knowingly rendering unjust judgment
Art 205 Rendering judgment through negligence (manifestly unjust)
Art 206 Rendering unjust interlocutory order
Art 207 Malicious delaying in administration of justice
NONFEASANCE omission of some act which ought to be performed MALFEASANCE performance of some act which ought not to be
done
Art 208 Dereliction of duty in prosecution of offenses Art 210 Direct Bribery
- Maliciously refraining from instituting prosecuting against Art 211 Indirect Bribery
violators of law Art 211A Qualified Bribery
- Maliciously tolerating commission of offense
- Malice: deliberate intent to favor the violator of the law

BRIBERY AND ART 210 ART 212 Punishes ART 211-A QUALIFIED: suffer 210 v 211 Accepts an offer –
CORRUPTION OF Accepts an “offer” or a poromise, or receives the person who Offender is a puboff: the penalty for the - Both puboff means that the bribe
PUBLIC a gift or present by himself or through makes offers, - entrusted with law offense which was receives something need not be actually
OFFICIALS another to: promises or gives enforcement, not prosecuted - DB agreement received
- Commit some crime (malfeasance) gift or presents to - refrains from exists between
- Execution of a act not a crime, in puboff arresting/prosecuting puboff and giver; IB ART 211 based
connection with his official duty and unjust - offender who no agreement largely on motive,
(misfeasance) committed RP and/or - DB agrees to hence difficult to
- Refraining to do what he is officially death perform, performs or prove
required to do (nonfeasance) - in consideration of refrains from doing
any offer, promise, gift something; IB not Usually proved by
ART 211 or present necessary to do evidence acquired in
Receiving a gift offered by reason of his anything as long as entrapment
public office by reason of his ofc
RA 1379 Unlawful acquisition of property RA 6713
Forfeiture Law - concealment of ownership Code of Conduct and
- transferred after effectivity of this Act Ethic Std for Public
Property donated to him during incumbency, unless satisfactorily prove that otherwise Officers & Employees
lawful
RA 3019 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and RA 7080 Plunder Law
Anti-Graft & regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter,
Corrupt Practices or allowing himself to be persuaded, induced, or influenced to commit such violation or offense
Act 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any
other person, in connection with any contract or transaction between the Government and any other part, wherein the
public officer in his official capacity has to intervene under the law
3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for
another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will
secure or obtain, any Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act
4. Accepting or having any member of his family accept employment in a private enterprise which has pending official
business with him during the pendency thereof or within one year after its termination
 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or other concessions
6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time
on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving
undue advantage in favor of or discriminating against any other interested party
7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to
the same, whether or not the public officer profited or will profit thereby
8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection
with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any
law from having any interest
9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action of the board, committee, panel or
group
10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or
not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is
not so qualified or entitled
11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such information in advance of its authorized release date
MALVERSATION COMMON ELEMENTS ART 217 OFFENDER: Public At the time property Damage not Received money
aka Embezzlement 1. Public officer 1. APPROPRIATING officer entrusted or fund was to be necessary without authority
2. Entrusted with 2. TAKING and with public accounted, he failed and misappropriated,
custody or controls MISAPPROPRIATING funds/prop to do so. Even if Penalty depends on ESTAFA
of Gov’t 3. CONSENTING, - Nature of the officer did not gain amount involved, not
funds/property by thru abandonment duties of puboff, not from it as long as amount of damage
reason of his ofc or negligence, the name of office is the fund was spent
3. Accountable permitted other controlling not for its purpose
4. Appropriated, person to take it - If only qualified
took, charge, without REBUTTABLE BY
misappropriated, ART 218 Failure to authority to part satisfactory evidence
consented thru render accounts with physical of loss or robbery
abandonment or - Misappropriation is possession committed by a
negligence, not necessary (caretaker status), person other than
permitted another not liable for the accused
person to take them ART 219 Failure to malversation
render accounts Replacement of
before leaving the Pvt ind in conspiracy money does not
country with puboff also extinguish, only
liable mitigate
ART 220 Illegal use
of public funds/prop ART 222
1. Pvt indiv who has
ART 221 Failure to charge in any
make delivery of capacity whatsoever
public funds/prop 2. Admin/depository
- Refusal (malicious) of funds attached,
 - Failure to pay seized or deposited
private property
INFIDELITY IN ART 223 OFFENDER: puboff Art 225 not Leniency or laxity is
THE CUSTODY OF Consent to escape of who has custody or applicable when not infidelity
PRISONERS the prisoner charge of prisoner same person who
Connivance – made the citizen’s
agreement between ART 225 Custody of arrest set him free
prisoner (FJ & det) person not a puboff
and puboff - consents
- thru negligence
ART 224 Evasion
through negligence LIABILITY OF
Definite laxity FUGITIVE:
amounting to non- FJ – evasion of
performance of duty service (Art 157)
Detention – no
liability

TITLE EIGHT: CRIMES AGAINST PERSONS

ART 246 ESSENTIAL OFFENDED PARTY: Can be committed Cases a person who Stranger cooperating
PARRICIDE ELEMENT: - parents, children through reckless committed parricide in parricide, either
relationship of not less than 3 days imprudence or simple not punished with RP MURDER or
offender so it must old (legit or illegit) imprudence/negligenc to death: HOMICIDE
be alleged, - other ascendants e - Through negligence
otherwise, only or descendants (Art 365)
aggravating (legit) - By mistake (Art
circumstance - legit spouse 249)
- only relatives in - Under exceptional
direct line AND by circumstances (Art
blood 247)

Does not require

knowledge of
relationship

ART 247 REQUISITES: REASON: acting in a OFFENDER: “Surprise” suddenly DESTIERRO for the Applies only if Does not define and
DEATH OR 1. Legally married justified “burst of - Legitimate spouse or unexpectedly protection of the spouse is in flagrante penalize a felony, but
PHYSICAL person / parent of passion” - Not necessarily defendant from delicto of ADULTERY, instead a justifying
INJURIES under 18 yo living legitimate parent “Immediately victim’s relatives not RAPE circumstance
INFLICTED UNDER with him, surprised thereafter” circums
EXCEPTIONAL in the act of evidence that the If less serious or Requisites must be
CIRCUMSTANCES committing sexual carnal act has just slight physical established as
intercourse with been committed or is injuries, no criminal evidence of the
another person being committed liability defense
2. Kills any or both,
or serious physical Killing is a direct
injuries in the act product of the
 immediately or accused’s rage (Ppl v
thereafter Abarca)
3. Not promoted/faci
prostitution of
wife/daughter OR
not consented to
infidelity
ART 248 KILLED ANOTHER UNDER THE FF CIRC: If not killed, attempted RULES: By means of poison
MURDER 1. With (TTAEI) treachery, taking advantage or frustrated 1. Murder will exist is not always
of superior strength, aid of armed men, with only one of the murder, there must
Murder – unlawful employing means to weaken the defense or If with treachery, circumstances be intent to kill.
killing of any person means or persons to insure or afford still murder even if described in A248 Though it absorbs
which is not parricide impunity; without intent to kill - If >1, others treachery and
or infanticide 2. In consideration of prize, reward, or E.g. killing a child of considered as evident
promise (hitman); tender years generic aggravating premeditation,
3. By means of inundation, fire, poison, circ. treachery only
explosion, shipwreck, stranding of a vessel, 2. Other circ are applies to “attacks”
derailment of or assault upon a railroad, fall absorbed or included
of an airship, by means of motor vehicles, or in one, not generic
with the use of any other means involving e.g. TREACHERY
great ruin (Intent to kill is necessary only absorbs abuse of
for this circumstance) superior strength
4. On occasion of any of the calamities and aid of armed
enumerated in the preceding paragraph, or men; MURDER BY
of an earthquake, eruption of a volcano, POISON absorbs
destructive cyclone, epidemic or other public treachery and
calamity premeditation
5. With evident premeditation; 3. Qualifying circ
6. With cruelty, by deliberately and must be alleged in
inhumanly augmenting the suffering of the the information
victim, or outraging or scoffing at his person otherwise generic
or corpse (ignominy) aggravating circ
ART 249 1. Someone was killed No frustrated One degree higher if Evidence of intent to
HOMICIDE 2. Accused killed without justifying circ (e.g. homicide through victim is 12 yo kill important only in
self-defense or defense of relative or imprudence frustrated and
Homicide – stranger or any other in Art 11) attempted stage
unlawful killing of 3. Had intent to kill, presumed Accidental
any person, which is 4. Killing not attended by any of the homicide – death INTENT TO KILL
neither parricide, qualifying circ of murder or parricide or of person brought Shown by weapon
murder nor infanticide about by a lawful act and parts of the
infanticide performed with victim’s body at
proper care and skill, which the weapon
without homicidal was aimed, shown
intent by the wounds
inflicted
ART 255 1. Child was killed OFFENDER: Any Concealing dishonor Does not provide for
INFANTICIDE - must be born alive and fully developed and person not an element of penalty, so it’s either
that it can sustain an independent life infanticide, only PARRICIDE or
Infanticide – killing - must not be dead or although born alive, mitigating as to MURDER as the case
of any child less than could not sustain an independent life when it mother or maternal may be
3 days of age, was killed grandparents
whether the killer is 2. Deceased child was less than 3 days of - only applicable to
the parent or age good reputation and
grandparent, any 3. Accused killed the said child good morals, not to
other relative of the prostitutes
child or stranger

ART 256 1. Pregnant woman 1. By using any LIABLE: Fetus must die in the REASON FOR If purpose of parents ABORTION v
INTENTIONAL 2. Violence is exerted violence upon the 1. person who consummated MITIGATING: was not to conceal INFANTICIDE
ABORTION OR Drugs/beverages person of the intentionally caused abortion; if fetus excited and dishonor, ART 256 Fetus must be able
is administered OR pregnant woman 2. woman is liable survives, not obfuscated by the applies to sustain
Abortion – willful Acts upon such (A258) if consented; consummated fear of her dishonor independent life
killing of the fetus in pregnant woman 2. By administering otherwise, not liable being made public, Other person with outside womb for
the uterus OR the 3. Result of acts in 2, drugs or beverages - she either practices consent, ART 256 infanticide to occur
violent expulsion of fetus dies, either in - By acting, but ART 258 Consented abortion upon
the fetus from the the womb or after without using abortion practiced by herself or consent
maternal womb having expelled violence, without the - woman herself that any other
which results in the therefrom consent of the - other person person does so, to
death of the foetus 4. Abortion is woman - parents for the erase the traces of
intended - By acting with the purpose of her mistake
consent of the concealing dishonor
woman
ART 257 1. Pregnant woman OFFENDER: must Violence – actual Can be complexed Man points gun and
UNINTENTIONAL 2. Violence is used have known that the physical force e.g. Unintentional threatens to kill
ABORTION upon woman, of the victim’s abortion through woman, abortion
without intending an pregnancy Intentionally exerted imprudence, because of fear –
abortion Homicide with THREATS only
3. Violence No frustrated unintentional
intentionally exerted unintentional abortion abortion, Parricide No intention to cause
4. Result of violence, with unintentional abortion, no
fetus dies either in abortion violence, NO CRIME
the womb or after
having expelled
therefrom
ART 266 A-D 1st mode: CARNAL KNOWLEDGE OFFENDER: can now Penetration, even Par 1 - RP If no sex, and only May be proved by
RAPE 1. Thru force, threat or intimidation be male or female partial is necessary RP to death acts of lewdness – the uncorroborated
2. Offended party is deprived of reason or - No frustrated rape A. use of deadly weapon OR two or more ACTS OF LASCI (Art testimony of
OW unconscious OFFENDED PARTY: - Attempted rape: persons 356) offended woman
3. By means of fraudulent machinations or against male or intent to have B. *br OR oo of rape, victim became insane
grave abuse of authority female carnal knowledge C. Rape is attempted, homicide is committed EFFECT OF
4. Offended party is under 12 yo or Character of woman Mandatory death MARRIAGE –
demented even if none of the circ mention is immaterial in rape Force need not be 1.  18, offender is parent, ascendant, extinguish criminal
above be present irresistible stepP, guardian, rel by con or aff 3° civil, action or the penalty
2nd mode: SEXUAL ASSAULT PRESUMPTIONS: common law spouse of parent imposed (actual
1. Inserting penis into another person’s Evidences for Intimidation includes 2. custody of police, mili or law enforce or marriage, not mere
mouth or anal orifice prosecution: moral kind penal institution promise)
2. Inserting any instrument or object into - Physical overt act 3. in full view of the spouse, parent,
another person’s genital or anal orifice manifesting Victim has no will. children, rel by con In case of legal
resistance against Cohabitation with a 4. religious engaged in legitimate religious husband, subsequent
the rape feeble minded woman vocation or calling and is personally known forgiveness is
- So situated as to is rape by offender before or at the time of the rape enough. Not
render her/him 5. 7 applicable if marriage
incapable of giving Under 12 yo is 6. Afflicted with HIV/AIDS or any other STD is VAI. (Implied
valid consent statutory, cannot give and the virus/diseases is transmitted to the presence of “marital
consent victim rape”)
7. Any member of AFP, PNP, paramili or law
enforcement agency or penal institutions,
offender took advantage of his position to
facilitate commission of crime
8. br OR oo of rape, victim suffered
permanent physical mutilation or disability
9. knew of pregnancy at the time of ape
10.knew of mental disability, emotional
disorder or physical handicap of victim at the
time of rape
11. br OR oo, homicide is committed (Rape
with Homicide now a special complex crime)

Par 2 – PM A. PM to RT
C. RT to RP Qualified: RT
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
ART 267 1. Offender is a pvt CIRCUMSTANCES: OFFENDER: Private Actual demand for Ransom – money, price, consideration, paid If offender is puboff, Psychological
KIDNAPPING AND individual 1. Lasts for >3 days individual ransom is not or demanded for redemption of a captured ARBITRARY deprivation (Ppl v
SERIOUS ILLEGAL 2. Kidnaps or detains (not necessary when necessary person; a payment that releases from DETENTION (Art Tomio)
DETENTION another, or in any other circ present) ART 268: also captivity 124)
manner deprives the 2. Committed by applies to who Detention or locking ILLEGAL
Intent to deprive latter of his liberty simulating public furnished the place up is essential, but DEATH SENTENCE: If victim is minor and DETENTION v
victim of his 3. Act of detention or authority for perpertration of not necessary to be 1. purpose is to extort ransom accused is one of the ARBITRARY
liberty or purpose kidnapping must be 3. Any serious phy crimes in an inclosure 2. killed or dies as a consequence of parents, penalty is in DETENTION
of extorting illegal inju are inflicted detention Art 271 (INDUCING - ID by pvt indiv who
ransom 4. Commission of the upon the victim OR OFFENDED PARTY: Restraint need not 3. victim is raped A MINOR TO unlawfully kidnaps or
BUT purpose is offense, any of the ff threats to kill him are Any person be permanent 4. victim is subjected to torture or ABANDON HOME) detains; AD by
immaterial if any of circ is present  made dehumanizing acts puboff/emp who
the 4 circ is present 4. Minor, female or If intention is to detains without legal
public officer ART 268: (Privileged mitigating circ) deliver to proper ground
- Voluntarily released offender within 3 days authorities, - ID crime against
ART 268 Slight from commencement of detention, UNLAWFUL ARREST personal liberty and
illegal detention: - Without having attained purpose intended, (ART 269) security; AD
absent any of the - Before institution of crimproc - PM fundamental law of
four circ - Except when victim is a woman Not liable if lack of the State
motive to resort to
kidnapping
ART 270 1. Offender Deliberate failure to Necessarily included 270 v 267
KIDNAPPING AND entrusted with return custody of the in Kidnapping and -270 Entrusted with
FAILURE TO custody of minor minor to the parents Serious Illegal custody; 267 not
RETURN A MINOR person (wheter over or guardian Detention under Par
or under 7 but less 4 of Art 267
than 21)
2. Deliberately fails
to restore said minor
to his parents or
guardians

ABANDONMENT ART 276 ART 275 OFFENDED PARTY: Form 1: QUALIFYING IN

1. Offender has Failing to render Form 1: Uninhabited place 276
custody of child assistance to: In danger of dying Without detriment Death of the minor
2. Under seven years 1. Uninhabited place, Form 2: resulted from
3. Abandons such wounded or in Injured by offender abandonment
child (permanent, danger of dying, thru accident Life of the minor was
deliberate) capable of helping Form 3: endangered
4. No intent to kill, without detriment Under 7 as well as
which cannot be UNLESS more serious lost children
presumed from offense (e.g. 276)
death of the child 2. Accidentally
wounded or injured
3. Under seven
years, found
abandoned, to
 authorities or family
or safe place

TITLE TEN: CRIMES AGAINST PROPERTY

ART 293 ROBBERY – taking of personal property belonging to another with intent to gain, by means of violence againstor intimidation of any person or with force upon things

ELEMENTS:
1. Unlawful taking (depriving the offended party of the ownership of the thing taken with character of permanency)
Complete when:
VAoI – gains possession even if no opportunity to dispose
FUT – opportunity to dispose
2. Personal property – if real property USURPATION ART 312)
3. Belonging to another (against the will)
4. With intent to gain (presumed from the unlawful taking) – ABSENT this element, only GRAVE COERCION (Art 286)
5. By means of violence against or intimidation upon persons OR force upon things – ABSENT this element, the crime is THEFT

VIOLENCE AGAINST OR INTIMIDATION OF FORCE UPON THINGS

PERSONS
Taking is always robbery Robbery only if used either to:
- enter buildings (Art 299)
- break doors, wardrobes or chests or any kind of receptacle inside the
building, force them open outside after taking the same from the
building (Art 302)
Value of personal property is immaterial Inhabited house, public bldg, edifice devoted to religious worship
PENALTY depends on: - Value of property taken
- Result of violence used - Carrying arms
- Existence of intimidation In uninhabited bldg
- Only on value of property taken
To qualify Robbery with force upon things (Art To qualify Robbery with violence against or intimidation
299) It must be committed in an uninhabited place OR by a band (Art. 295)
It must be committed in uninhabited place AND by a band
(Art 300)

ART 297 ATTEMPTED & FRUSTRATED ROBBERY UNDER CERTAIN CIRCUMSTANCES

Homicide is committed, punished by RT max to RP unless qualified to MURDER or PARRICIDE.
When no overt acts of robbery, only crime against persons
Art 48 applies: Attempted or frustrated robbery with serious physical injuries

ART 294 Violence against or intimidation upon persons

Special complex crimes in Robbery  “On the occasion” and “by reason” mean that homicide or serious physical injuries must be committed in the course or because of the robbery.

ROBBERY WITH Separate offenses when not committed “on the occasion” or “by reason”,
HOMICIDE (Par 1) Intent to gain must precede the killing YET homicide (overt act) may take place before actual robbery.
To be considered as one offense, there must be direct connection between killing and robbery (e.g. eliminate obstacle, escape after commission)
General term which includes parricide and murder (no such things as Robbery with Murder)
Regardless of who killed who
When homicide not proved, only robbery, and vice versa
ROBBERY WITH Even if committed in another place, still robbery with rape.
RAPE (Par 2) As long as rape is not the primary objective, it is still robbery with rape.
Robbery with rape committed by two or more persons – qualified to death.
No such thing as robbery with attempted rape
ROBBERY WITH ART 295 ROBBERY IN BAND Qualifying circ (maximum periods) – cannot be offset by generic mitigating circ
PHYSICAL 1. Uninhabited place
INJURIES (serious 2. By a band i.e. more than 3 armed malefactors (proof of conspiracy no longer necessary in a band)
physical injuries 3, 3. Attacking a moving train, street car, motor vehicle, airship
unnecessary violence 4. Entering passengers’ compartment taking by surprise
and intimidation 4, 5. Street, road, hiway, alley and intimidation is made with the use of firearms (licensed or unlicensed)
simple robbery 5) Not applicable to Par 1 and 2 but still, band is appreciated as generic aggravating circ under Art 14 (no crime as Robbery with Homicide in Band)
Qualifying to the qualifying circ – use of unlicensed firearm (ART 296)
Requirement: member of the band, did not prevent or attempt to prevent the assault, present at the commission of robbery
ART 298 ELEMENTS:
EXECUTION OF 1. Intent to defraud another
DEEDS BY MEANS 2. Compels him to sign, execute, or deliver any public instrument or document
OF VIOLENCE OR 3. Compulsion is by means of violence or intimidation
INTIMIDATION Not applicable if the document is void
If under obligation to sign, no robbery. If violence is used, COERCION.
ROBBERY BY THE ART 299 Inhabited house (any vessel, shelter, ship constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when robbery
USE OF FORCE was committed), public building (every bldg owned by the Gov't or belong to pvt persons but used or rented by the Gov't although temporarily occupied by the same), edifice devoted to
UPON THINGS religious worship and their dependencies (interior courts, corrals, etc contiguous to the bldg or edifice, having interior entrance connect therewith and form part of the whole) – Def
from ART 301

SUBDIVISION A
Entrance was effected by any of the ff means:
1. Through an opening not intended for entrance or egress
2. Breaking any wall, roof, floor or breaking any window or door – outside walls because the purpose is to enter the house
3. By using false keys, picklocks or similar tools – genuine keys stolen, not thru force or intimidation from the owner or any keys other than those intended by the owner for use in the
lock forcibly opened by the offender (ART 305)
4. By using any fictitious name or pretending to exercise of public authority – not included in Art 302
Once inside the bldg, offender took personal property belonging to another with intent to gain

SUBDIVISION B
Offender is inside the said infrastructure, regardless of circumstances which he entered it
Offender takes personal property belonging to another with intent to gain, under any of the ff circumstances:
1. Breaking of doors, wardrobes, chests or any other kind of locked or sealed furniture or receptacle
2. Taking such furniture or objects away to be broken or forced open outside the place of robbery

ART 302 Uninhabited place (means building because you’ll have to effect entrance) or in a private building
1. Entrance was effected through an opening not intended for entrance or egress
2. A wall, roof, floor, or outside door or window was broken
3. Entrance was effected through the use of false keys, picklocks, or other similar tools
4. Door, wardrobe, chest or any sealed or closed furniture or receptable was broken
5. A closed or sealed receptacle was removed even if the same be broken open elsewhere – includes intent to open it by force
Offender took from there personal property belonging another with intent to gain
RA 6539 Taking with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons or by force upon things
CARNAPPING
ART 306 Committed by more than three armed persons (at least four) who form a band of robber for the PURPOSE:
BRIGANDAGE - of committing robbery in the highway
- kidnapping persons for the purpose of extortion or obtain ransom
- other purpose to be attained by means of force and violence
PRESUMPTION: all of the robbers are brigands if any of them carries an unlicensed firearm

BRIGANDAGE ROBBERY IN BAND

Purpose 1. commit robbery in hiway
2. kidnap persons for extortion or ransom
3. any other purpose by means of
violence or force
Proof Mere formation of a band for any of the
purposes above is sufficient  there is no
requirement that brigands consummate the
crime
Commit robbery and not necessarily in a
hiway
It is necessary to prove that the band
actually committed robbery  conspiracy to
commit robbery is not punishable

PD 532 Brigandage in RPC

Crime must be committed Mere formation of band is punishable
Acts are punished Forming of the band is punished
1 malefactor will suffice At least 4 malefactors
No preconceived target Pre-conceived victim
Proof of prior robberies required Proof of prior robberies not required

ART 308 1ST mode There is no frustrated theft

THEFT 1. with intent to gain If possession was only material or physical, the crime is THEFT. If possession was juridical, crime is ESTAFA.
2. without violence or intimidation against persons
3. nor force upon things ROBBERY: against the will THEFT: consent is lacking
4. take personal property of another
5. without the latter’s consent BASIS OF PENALTY (ART 309)
1. Value of the thing stolen
2nd mode – not limited to actual finder 2. Value of the nature of the property taken
1. found lost property 3. Circumstances or causes that impelled the culprit to commit the crime
2. fail to delivery the same to local authorities or to its owner
Necessary to prove the following in order to establish theft by failure to ART 310 QUALIFIED THEFT
deliver or return lost property: 1. Domestic servant – always qualified
1) Time of the seizure of the thing 2. Grave abuse of confidence – proof of relation by reason of dependence, guardianship, vigilance
2) It was a lost property belonging to another; and 3. Motor vehicle, Mail matter (If a private individual took a letter containing postal money order it is
3) That the accused having had the opportunity to return or QUALIFIED THEFT. If it was the postmaster, to whom the letter was delivered, the crime would be
deliver the lost property to its owner or to the local authorities, INFIDELITY IN THE CUSTODY OF DOCUMENTS), Large Cattle
refrained from doing so. 4. Coconuts taken from premises of plantation
3RD mode 5. Fish taken from a fishpond or fishery
1. maliciously damages the property of another 6. Taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity vehicular
2. remove or make use of the fruits or object of the damage accident or civil disturbance
caused by them

4th mode
 1. entered an enclosed estate or field
2. trespass is forbidden
3. without the consent of owner, hunt or fish or gather same fruits

TITLE ELEVEN: CRIMES AGAINST CHASTITY

ADULTERY
CONCUBINAGE
ACTS OF
LASCIVIOUSNESS
CHILD
PROSTITUTION
QUALIFIED
SEDUCTION
ABDUCTION;
FORCIBLE
ABDUCTION WITH
RAPE
CONSENTED
ABDUCTION
ACTS OF
LASCIVIOUSNESS
WITH CONSENT
PROSECUTION OF
PRIVATE
OFFENSES

TITLE TWELVE: CRIMES AGAINST CIVIL STATUS OF A PERSON

SIMULATION OF
BIRTHS
BIGAMY

TITLE THIRTEEN: CRIMES AGAINST HONOR

LIBEL
SLANDER
SLANDER BY DEED
INCRIMINATING
AN INNOCENT
PERSON
RA 4200
WIRETAPPING

TITLE FOURTEEN: QUASI-OFFENSES

 CRIMINAL
NEGLIGENCE

COMPARISONS

Piracy
Mutiny
Hijacking
Robbery in High Seas

Espionage
CA 616

Rebellion
Insurrection
Coup d’Etat
Sedition

Grave threats
Grave coercion

Rape
Acts of Lasciviousness
Qualified Seduction
Simple Seduction
Forcible Abduction
Consented Abduction

Estafa
Robbery
Theft