CRIMINOLOGY BOARD REVIEW

CRIMINAL LAW BOOK 2

TITLE ONE- CRIMES AGAINST NATIONAL SECURITY AND LAWS OF

NATIONS

Art. 114. Treason. (Pagtataksil sa bayan)- committed by any Filipino citizen or a resident
alien1 who levies war against the Philippines or adheres to her enemies, giving them aid
or comfort within the Philippines or elsewhere.

No person shall be convicted of treason unless on the testimony of two witnesses at

least to the same overt act or on confession of the accused in open court.

ELEMENTS OF TREASON:

1. The offender is either a Filipino or a resident alien.

2. There is a war which involves the Philippines.
3. The offender either: a. levies war against the government or b. adheres to its enemies, giving
them aid or comfort

Treason, defined- a breach of allegiance to a government, committed by a person who

owes allegiance to it.

Allegiance, defined- the obligation of fidelity and obedience which an individual owes
tom his government, in return for the protection he receives.

Levying of war, defined- it means: 1. there must be an actual assemblage of men. 2. for
the purpose of forcefully executing a treasonable design

Adherence to enemy, defined- it takes place when one intellectually or emotionally

favors the enemy and harbors sympathies or convictions disloyal to his country’s interest.

Aid and comfort, defined- an act which strengthens the enemy in the conduct of war
against the traitor’s country or weakens the power of the latter to attack or resist the
enemy.

Two Ways of Proving Treason:

1. There must be testimony of two (2) witnesses, at least to the same overt act; (Two
Witness Rule)
2. Or confession of the accused in open court.

Art. 115. Conspiracy and proposal to commit treason

Art. 116. Misprision of treason (Di pagsusumbong ng pagtataksil sa bayan)- committed by

every person owing allegiance to the government of the Philippines and not being a
foreigner, and having knowledge of any conspiracy against it, conceals or does not
disclose and make known the same, to the governor or fiscal of the province where he
resides. 2

Art. 117. Espionage- committed by any person who:

1
This means an alien who is not residing here (Philippines) cannot be prosecuted for treason
2
The person guilty of article 116 is punished as an accessory to the crime of treason. But he is a principal to
the crime of misprision of treason (Comment: Art. 116 by itself does not provide for a penalty). Also this
article is an exception to the rule that mere silence does not make one criminally liable.

1
 1. Without authority shall enter a warship, fort, or naval or military reservation to
obtain any information, plans, photograph, or other data of a confidential nature
relative to the defense of the Philippines;3
2. A public officer who is in possession of the articles, data, or information referred to
in paragraph one shall disclose their contents to a representative of a foreign nation.

Commonwealth Act 616 (CA 616) is known as “Act to Punish espionage and other Offenses
against National Security”

Art. 118. Inciting to war or giving motives for reprisals. - committed by any person
who, by unlawful or unauthorized acts, provokes or gives occasion for a war involving or
liable to involve the Philippines, or exposes the Filipinos to reprisals on their persons or
property.

Art. 119. Violation of neutrality- committed by any person who on the occasion of a
war in which the Philippines is not involved, violates any regulation issued by competent
authority for the purpose of enforcing neutrality

Neutrality, defined- a nation which does not take part in the contest of arms (war)
among other nations is practicing neutrality.

Art. 120. Correspondence with hostile country. - committed by any person who in time
of war, shall have correspondence with an enemy country or territory occupied by enemy
troops.

Art. 121. Flight to enemy’s country4- committed by any person who owing allegiance to
the Government, attempts to flee or go to an enemy country when prohibited by
competent authority.

Art. 122. Piracy5 in general and mutiny on the high seas or in Philippine waters. –
(Pamimirata at pag-aalsa sa karagatan)-committed by any person who:

1. Attacks or seizes a vessel on the high seas or in Philippine waters;

2. Not being a member of its complement or a passenger, shall seize the whole or part
of the cargo of said vessel, its equipments, or personal belongings of its complement
or passenger.
3. Stages a mutiny on the high seas or Philippine waters

ELEMENTS OF PIRACY

1. A vessel is on the high seas or in Philippine waters;

2. The offenders are not members of its complement or passengers of the vessel;
3. The offenders either: a. attack or seize that vessel or b. seize the whole or part of the cargo of
said vessel, its equipment or personal belongings of its complement or passengers

High seas defined- parts of the seas that are not included in the exclusive economic zone,
territorial sea, or in the internal waters of the state, or archipelagic waters of an
archipelagic state.

Mutiny, defined- the unlawful resistance to a superior officer or the raising of

commotions on board a ship against the authority of its commanders.

3
It is actually not necessary that the information be obtained, as long as the offender had the purpose to
obtain them, the offender is liable for espionage.
4
Like the crime of treason, here there must be a war in which the Philippines is involved.
5
Piracy- may also be defined as the robbery on the high seas, without lawful authority and done with
animo furandi and in the spirit and intention of universal hostility. It is a crime whose boundaries know
territorial jurisdiction. PIRACY IS A CRIME AGAINST MANKIND.

2
Art. 123. Qualified Piracy- Piracy or mutiny becomes qualified when:

1. Whenever the pirates have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (This is an example of a SPECIAL COMPLEX CRIME)

TITLE TWO-CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 6

Art. 124. Arbitrary detention (Pagpiit ng walang dahilan) - committed by any public
officer or employee who, without legal grounds7, detains a person.

ELEMENTS OF ARBITRARY DETENTION:

1. The offender is a public officer or employee;

2. He detains another;
3. The detention is without legal grounds.

Detention, defined- one is detained when he is placed in confinement or there is restraint

on his person.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities.
- committed by any public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such person to the proper judicial authorities 8 within
the period of:

a. 12 hours- for crimes or offenses punishable by light penalties;

b. 18 hours- for crimes or offenses punishable by correctional penalties;
c. 36 hours- for crimes or offenses punishable by afflictive or capital penalties.

ELEMENTS OF DELAY IN THE DELIVERY OF DETAINED PERSONS

1. The offender is a public officer or employee;

2. He detained another person but for some legal ground;
3. He failed to deliver the detained person to the proper judicial authorities within the period
above stated.

See: RA 9372- An Act To Secure The State and Protect Our People From Terrorism.9

Art. 126. Delaying release- committed by any public officer or employee who:

1. Delays the performance of a judicial or executive order for the release of a prisoner.
2. Delays the service of the notice of such order to said prisoner.
3. Delays the proceedings upon any petition for the liberation of such person.
6
They are so called because they violate certain provisions of the Bill of Rights of the Constitution.
7
The legal grounds for detaining a person includes: the commission of a crime, violent insanity, ailments
requiring compulsory confinement of a patient in a hospital etc.
8
It means there must be the filing of charges against the person arrested with the corresponding court or
judge.
9
Also known as “The Human Security Act of 2007.” Section 20 thereof states: “The penalty of 10 years
and 1 day to 12 years shall be imposed upon any police officer or law enforcement personnel who has
apprehended or arrested, detained and taken into custody of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected
persons to the proper judicial authority within the period of three (3) days. Terrorism has been defined
there as a person who commits Piracy in general and mutiny in the high seas, rebellion, coup d ‘etat,
murder, kidnapping, crimes involving destruction, PD 1613, RA6969 toxic substances nuclear waste law,
RA 5207 Atomic energy and regulatory act of 1968, RA 6235 Anti Hijacking Law, PD 532, and PD 1866,
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand. The penalty is 40 years
imprisonment without benefit of parole.

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Note: Articles 124-126- are collectively known as the classes of arbitrary detention.

Art. 127. Expulsion (Pagpapalayas) - committed by a public officer or employee who

without being authorized by law:

a. expels any person from the Philippines; or

b. compels a person to change his residence

Art. 128. Violation of domicile (Paglabag sa pananahanan) - committed by a public

officer or employee who, not being authorized by judicial order shall:

a. enter any dwelling against the will of the owner thereof;

b. search any papers or other effects found therein without the previous consent of the
owner; or
c. refuse to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the premises.

Art. 129. Search warrants maliciously obtained and abuse in the service of those
legally obtained10- committed by any public officer or employee who shall:

a. procure a search warrant without just cause11; or

b. exceed his authority or by using unnecessary severity in executing a search warrant
legally procured.

ELEMENTS OF PROCURING SEARCH WARRANT WITHOUT JUST CAUSE:

1. The offender is a public officer or employee;

2. He procures a search warrant;
3. There is no just cause for procuring it.

Art. 130. Searching domicile without witnesses. – committed by any public officer or
employee who in cases where search is proper, shall search the domicile, papers or other
belongings of any person, in the absence of the latter, any member of his family, or in
their default, without the presence of two witnesses residing in the same locality.

Art. 131. Prohibition, interruption, and dissolution of peaceful meetings- committed

by any public officer or employee who without legal ground shall:

a. prohibit or interrupt the holding of a peaceful meeting

b. dissolve a peaceful meeting;
c. hinder any person from joining any lawful association
d. hinder any person from attending any of its lawful meetings
e. prohibit or hinder any person from addressing alone or otherwise, any petition to
the authorities for the correction of abuses or redress of grievances.

Art. 132. Interruption of religious worship. - committed by a public officer or

employee who shall prevent or disturb the ceremonies or manifestations of any religion.

Art. 133. Offending the religious feelings. - committed by anyone who, in a place
devoted to religious worship or during the celebration of a religious ceremony, shall
perform acts notoriously offensive to the feelings of the faithful.

TITLE THREE-CRIMES AGAINST PUBLIC ORDER

10
The penalty is arresto mayor maximum to prision correctional minimum and this is in addition to other
liability attaching the offender for the commission of any other offense.
11
A search warrant is procured without just cause when the applicant had every reason to believe that the
search warrant sought for was unjustified.

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Art. 134. Rebellion or insurrection (Paghihimagsik) - committed by rising publicly and
taking arms against the government for the purpose of:

a. Removing from the allegiance to said government or its laws, the territory of the RP
or any part thereof, or any body of land, naval, or other armed forces, or
b. Depriving the Chief Executive or Congress, wholly or partially, of any of its powers
or prerogatives.

ELEMENTS OF REBELLION:

1. There is public uprising and taking up arms against the government;

2. The purpose of the uprising is either:
a. Remove from the allegiance to the government or its laws: 1. the territory of the Philippines
or any part thereof; or 2. any body of land, naval or other armed forces
b. deprive the Chief Executive or Congress wholly or partially of any of their powers or
prerogatives.

There is no complex crime of rebellion with murder, etc. See People vs. Hernandez;
Salazar vs. Ensile

Art. 134-A Coup d’etat (RA 6968)-

a. is a swift attack
b. accompanied by violence, intimidation or threat, or strategy,
c. directed against duly constituted authorities of the RP or
d. any military camp or installation, communications network or public utilities
e. singly or simultaneously carried out anywhere in the Philippines
f. by any person or persons belonging to the military or police or holding public office
or employment
g. for the purpose of seizing or diminishing state power.

Art. 135. Penalty for rebellion, insurrection, coup d’ etat.

Art. 136. Conspiracy and proposal to commit coup d’ etat rebellion or insurrection.
(Pagsasabwatan at pagpapanakula SA pagganap ng rebelyon o insureksyon)

Art. 137. Disloyalty of public officers or employees.- committed by public officers or

employees who:

a. Failed to resist a rebellion by all the means of their power;

b. Continuing to discharge the duties of their offices under the control of the rebels; or
c. Accepting appointments to office under the rebels.

Art. 138. Inciting to rebellion or insurrection (Panghihikayat tungo sa rebelyon o

insureksyon)- committed by any person who without taking arms or in open hostility
against the government, shall incite others to the execution of any of the acts specified in
article 134, by means of speeches, proclamations, writings, banners or their
representations tending to the same end.

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Art. 139. Sedition12- committed by persons who rise publicly and tumultuously in order
to attain by force, intimidation or other means outside of legal methods any of the
following:

1. To prevent the promulgation or execution of any law or the holding of any popular
election;
2. To prevent the Government or any public officer from freely exercising its or his
functions, or prevent the execution of any administrative order.
3. To inflict any act of hate or revenge upon the person or property of any public
officer or employee;
4. To commit for any political or social end, any act of hate or revenge against private
persons or any social class
5. To despoil for any political or social end, any person, municipal, provincial or
national government of all its property or any part thereof.

Art. 141. Conspiracy to commit sedition.

Art. 142. Inciting to sedition (Pagbubuyo upang isagawa ang sedisyon)- committed by any
person who shall:

a. incite others to the accomplishment of any of the acts which constitute sedition by
means of writing, speeches, proclamations, emblems etc.
b. uttering seditious words or speeches which tend to disturb the public peace
c. writing, publishing, circulating scurrilous libels against the government or any of its
duly constituted authorities which tend to disturb the public peace.

Art. 143. Acts tending to prevent the meeting of national assembly and similar
bodies. Committed by any person who by force or fraud prevents the meeting of the
following:

a. National assembly
b. Any of its committees or sub committees
c. Constitutional commissions or its committees
d. Provincial board
e. City or municipal council
Art. 144. Disturbance of proceedings – committed by any person who disturbs the
meetings of letters a to e above, or while in the presence of any such bodies should
behave in such a manner as to interrupt its proceedings or to impair the respect due it.

Art. 145. Violation of parliamentary immunity. - committed by any person who:

a. Shall use force, violence, intimidation threats or fraud to prevent any member of
the National Assembly to attend its meetings or committees or sub committees,
constitutional commissions or committees thereof, or from expressing his opinion
or casting his vote.
b. Shall arrest or search any member of the National Assembly while it is in
regular or special session, except in case where such member has committed a

12
Common crimes are not absorbed in the crime of sedition. There are three tests to determine whether the
uttered words are seditious: 1 Clear and Present Danger Test-whether the words used are used in such
circumstances and are of such nature as to create a clear and present danger that they will bring about the
substantive evil that the State has the right to prevent. 2. Dangerous Tendency Doctrine- if the words
uttered create a dangerous tendency which the state has the right to prevent, then such words are
punishable. 3. Balancing of Interest Test- when a particular conduct is regulated and the regulation results
in an indirect or partial abridgement of the freedom of speech, the duty of the courts is to determine which
of the two conflicting interests demands the greater protection under the circumstances.

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 crime punishable under the Code by a penalty higher than prision mayor 13. (2nd
form)

ELEMENTS OF VIOLATION OF PARLIAMENTARY IMMUNITY OF THE 2ND FORM:

1. The offender is a public officer or employee;

2. He arrests or searches any member of the Congress;
3. The Congress at the time of the arrest or search is either in regular or special session;
4. The member of Congress has not committed a crime punishable under the RPC by a penalty
higher than prision mayor.

Art. 146. Illegal Assemblies (Mga pagtitipong labag sa batas) - The acts punishable are:

a. Staging a meeting attended by armed persons for the purpose of committing any of
the crimes punishable by the RPC

b. Staging a meeting in which the audience whether armed or not is incited to the
commission of treason, rebellion, sedition or assault upon a person in authority or his
agents

(Persons liable: Organizers and leaders and persons merely present 14 at such meeting armed or
not)

Art. 147. Illegal associations15 (Mga kapisanang labag sa batas)

Acts Punishable:

1. existence of an association totally or partially organized for the purpose of

committing any of the crimes punishable by the RPC.
2. existence of associations totally or partially organized for some purpose contrary to
public morals.

(Persons liable: Founders, president and directors of the association and mere members thereof.)

Art. 148. Direct assault (Tuwirang pagsalakay)- committed by any person who:

a. Without public uprising, shall employ force or intimidation for the attainment of any
of the purposes enumerated in defining the crimes of rebellion and sedition. ( This is
known as the 1st form of direct assault)
b. Without public uprising, by attacking, by employing force or by seriously
intimidating or by seriously resisting any person in authority or any of his agents,
while engaged in the performance of official duties, or on the occasion of such
performance. ( This is known as the 2nd form of direct assault)16

ELEMENTS OF DIRECT ASSAULT OF THE 2ND FORM:

1. The offender makes an attack or employs force or makes a serious intimidation or makes a
serious resistance;
2. That the victim thereof is a person in authority or agent of a person in authority;
3. That these persons at the time of the assault were engaged in the actual performance of official
duties, or he is assaulted by reason of the past performance of official duties.
13
The phrase should be amended to read as: “ penalty of prision mayor or higher” in order that the
wordings thereof will be consistent with the Constitution.
14
The person who is merely present must have criminal intent. Otherwise its absence may exempt him from
criminal liability.
15
Republic Act 1700 known as the Anti Subversion Law which outlawed the Communist party of the
Philippines had been long repealed. There is a pressing move however to resurrect this law.
16
If the offended party is an agent of a person in authority, the force employed must be of a serious
character. But when he is a person in authority the force employed need not be serious. As to intimidation
or resistance, they must be serious whether the offended party is an agent only or he is a person in
authority.

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4. There must be no public uprising.
5. The offender knows the status of the person he is assaulting (debatable).

Q: What is qualified direct assault?

A: It is qualified when:

1. The assault is committed with a weapon

2. The offender is a public officer or employee
3. The offender lays hands upon a person in authority

Art. 149. Indirect assaults- committed by any person who shall make use of force or
intimidation upon any person coming to the aid of the authorities or their agents on
occasion of the commission of any of the crimes defined in the preceding paragraph.

Elements of Indirect Assaults:

1. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in article 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.

Art. 150. Disobedience to summons issued by the National Assembly, its

committees or subcommittees, by the Constitutional Commissions, its committees,
subcommittees or divisions.

Acts Punishable:

1. Without legal excuse, refusing to obey summons of the National Assembly, its
special or standing committees and subcommittees or divisions, or by any
commission or committee chairman or member authorized to summon witnesses.
2. Refusing to be sworn or placed under affirmation while being before such
legislative or constitutional bodies or official.
3. By refusing to answer any legal inquiry
4. By refusing to produce any books, papers, documents or records in his possession,
when required by them to do so in the exercise of their functions
5. By restraining another from attending as a witness in such legislative or
constitutional body
6. By inducing disobedience to a summon or refusal to be sworn by the above
mentioned bodies or officials.

Art. 151. Resistance and disobedience to a person in authority or the agents of such
person.- committed by any person who shall resist or seriously disobey any person in
authority, or the agents of such person , while engaged in the performance of official
functions.17

Elements of Article 151:

1. That a person in authority or his agent is engaged in the performance of official duty
or gives a lawful order to the offender;
2. The offender does an act
3. The act consists of resisting or seriously disobeying such person in authority or his
agent
4. The act of the offender must not fall in any of the following articles: Articles 148 to
150.
17
Under paragraph2 of Article 151 there is also a crime of simple disobedience. But this crime is
committed only against an agent of a person in authority.

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Distinguish Direct Assault from Resistance or Serious Disobedience:

1. Direct assault (2nd mode) is committed by: a. seriously intimidating, b. by attacking,

c. by employing force and d. by seriously resisting a person in authority or his agent;
while Resistance or Serious Disobedience is committed only by a. resisting or b.
seriously disobeying a person in authority or his agent.

2. In Direct Assault, the person in authority or his agent must be engaged in the
performance of official duties or that he is assaulted by reason thereof; but in resistance,
the person in authority or his agent must be in actual performance of his duty.

3. In direct assault by resisting an agent of a person in authority the force is serious. In

resistance against an agent of a person in authority, the use of force is not serious.

Art. 152. Persons in authority, defined (Mga taong may kapangyarihan at mga kagawad ng
mga taong may kapangyarihan) - any person directly vested with jurisdiction, whether as an
individual or as a member of some court or government corporation, board, or
commission.

Agent of a person in authority- is any person who, by direct provision of law or

by election or by appointment by competent authority, is charged with the maintenance of
public order and the protection and security of life and property, such as barrio
councilman, barrio policeman and baranggay leader.

In applying article 148 and 151, teachers, professors, and persons charged with
the supervision of public or duly recognized private schools, colleges and universities,
and lawyers in the actual performance of their professional duties or on the occasion of
such performance shall be deemed persons in authority

Note: Articles 153 to 156 are also classified as crimes under public disorders.

Art. 153. Tumults18 and other disturbances of public order. (Mga gulo at iba pang uri
ng kaguluhan sa mga kaayusan ng bayan)-

Acts Punishable:

1. Causing any serious disturbance in a public place, office or establishment

2. Interrupting or disturbing performances, functions, or gatherings, or peaceful meetings,
if the act does not fall under Articles 131 and 132.
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or
public place;
4. Displaying placards or emblems which provoke a disturbance of a public order in such
place;
5. Burying with pomp the body of a person who has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances.

Acts Punishable:

1. Publishing or causing to be published either by printing, lithography, or any means of

publication, as news any false news which may endanger public order, or cause damage
to the interest or credit of the State.

18
The disturbance or interruption shall be deemed tumultuous if caused by more than three persons who
are armed or provided with means of violence

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2. By the same means, or by utterances or words or speeches encouraging disobedience
to the law or to the authorities, or praising, justifying, or extolling any act punished by
law
3. By maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published officially
4. By printing, publishing, or distributing or cause to be printed, published or distributed
pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are
classified as synonymous.

Art. 155. Alarms and scandals. - committed by any person who shall:

1. Within any town or public place, shall discharge any firearm, rocket, firecracker, or
other explosive calculated 19to cause alarm or danger;
2. Instigate or take an active part in any charivari20 or other disorderly meeting offensive
to another or prejudicial to public tranquility
3. While wandering about at night or while engaged in any nocturnal amusements, shall
disturb the public peace; or
4. Who while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, as long as article 153 is not applicable.

Art. 156. Delivering prisoners from jail- committed by any person who shall remove
from any jail or penal establishment any person confined therein or shall help the escape
of such person, by means of violence, intimidation or bribery.

ELEMENTS OF DELIVERING PRISONERS FROM JAIL:

1. There is a person confined in jail or any penal establishment;

2. The offender removes such person therefrom, or helps in his escape.

Art. 157. Evasion of service of sentence- committed by any convict who shall evade
service of his sentence by escaping during the term of his imprisonment by reason of
final judgment

Art. 158. Evasion of service of sentence on the occasion of disorders, conflagrations,

earthquakes, or other calamities. - committed by a convict, who shall evade the service
of his sentence by leaving the penal institution on the occasion of the above mentioned
events, or during a mutiny in which he has not participated, who shall fail to give himself
up to the authorities within 48 hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such calamity. In this case he shall
suffer an increase of 1/5 of the time still remaining to be served under the original which
however shall not exceed six months.21

Art. 159. Other cases of evasion of service of sentence. - committed by any convict who
having been granted conditional pardon by the Chief executive , shall violate any
condition of such pardon. If the penalty remitted by the granting of such pardon be higher
than 6 years, the convict shall suffer the unexpired portion of his original sentence

Art. 160. Commission of another crime during service of penalty imposed for
another previous offense. - Any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such sentence, or while serving

19
The Spanish Text reads: “que produza alarma o peligro” hence the phrase “calculated to cause alarm or
danger, should be replaced with “ which produces alarm and danger”
20
Charivari- means a medley of discordant voices, a mock serenade of discordant noises made on kettles,
horns etc designed only to annoy.
21
See also Article 98 for the reduction in case of a convict who surrenders within the above mentioned
period. Reward to those who did not escape?

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the same, shall be punished by the maximum period of the penalty prescribed by law for
the new felony (This is known as Quasi Recidivism)22

TITLE FOUR-CRIMES AGAINST PUBLIC INTEREST

Art. 161. Counterfeiting the great seal of the government, forging the signature or
stamp of the Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp.

Art. 163. Making and importing and uttering false coins-committed by any person
who shall make, import or utter false23 coins in connivance with counterfeiters or
importers.

Art. 164. Mutilation24 of coins- committed by any person who shall mutilate coins of the
legal currency of the Philippines or import or utter mutilated current coin in connivance
with mutilator or importer.25

Art. 165. Selling of false or mutilated coins, without connivance.

Acts Punishable:

1. Possession of coins, with knowledge that it is false or mutilated and with intent to
utter the same- and the same coin was counterfeited or mutilated by another person
2. Utterances of such false or mutilated coins, knowing them to be false or mutilated

Art. 166. Forging treasury or bank notes or other documents payable to bearer;
importing and uttering such false or forged notes and documents

Acts Punishable:

1. Forging and falsification of treasury or bank notes or other documents payable to

bearer.
2. Importation of these false or forged obligations or notes
3. Uttering these forged or false obligation and notes the utterer conniving with the
forgers or importers

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer.
- committed by any person who shall forge, import or utter, in connivance with the
importer or forgers, any instrument payable to order or other document of credit not
payable to bearer.

Art. 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit –committed by any person who shall knowingly use or have in his
possession, with intent to use any of the false or falsified instruments referred to above.

Art. 169. How forgery committed (Panghuhuwad)

22
At the age of 70 he shall be pardoned if he shall have served out his original sentence as long as he is not
a habitual criminal
23
A coin is false or counterfeited if it is not authorized as a legal tender. Note that counterfeiting of coins of
a foreign country is also punishable under this article. Even coins withdrawn from circulation may also be
counterfeited.
24
To mutilate a coin means to take off part of the metal by filling it or substituting it for another metal of
inferior quality
25
Mutilation of coins of foreign currency not punishable here. As to defacement, and tearing or destroying
central Bank Notes and coins See PD 247.

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1. By giving to a treasury or bank note or any instrument payable to bearer or to order
mentioned therein, the appearance of a true and genuine document.
2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters,
words, or sign contained therein

Art. 170. Falsification of legislative documents- committed by any person who, without
proper authority shall alter any bill, resolution or ordinance enacted or approved or
pending approval by either house or any provincial or municipal board or council

Art. 171. Falsification by public officer, employee or notary or ecclesiastical

minister- committed by these people who, taking advantage of their public position, shall
falsify a document by committing any of these:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate
3. Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them
4. Making untruthful statements in a narration of facts
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its
meaning
7. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such copy a statement contrary to,
or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry or official book.

ELEMENTS OF FALSIFICATION BY PUBLIC OFFICER, EMPLOYYEE OR NOTARY

PUBLIC:

1. The offender is a public officer, employee or notary public;

2. He takes advantage of his official position;
3. He falsifies a document by committing any of the acts above enumerated;
4. If the offender is an ecclesiastical minister, the falsification is committed with respect to any
record or document of such character that it may affect the civil status of another.

Art. 172. Falsification by private individuals and use of falsified documents-

committed by:

1. Private individual who shall commit any of the falsifications mentioned in the
preceding article in any public or official document or letter of exchange or any kind of
commercial document; and
2. Any person who, to the damage of another, or with intent to cause such damage, shall
in any private document shall commit any of the acts of falsifications therein
3. any person who shall knowingly introduce in evidence in any judicial proceeding to
the damage of another or who, with intent to cause such damage, shall use any of the
false documents embraced in the preceding article or in any of the subdivision of this
article.

ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 1

1. The offender is a private individual or a public officer who did not take advantage of his
official position;
2. He committed any acts of falsification enumerated in article 171;
3. The falsification is committed in a public or official or commercial document.

ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 2

12
1. The offender committed any acts of falsification enumerated in article 171 with the single
exception of that stated in paragraph seven;
2. The falsification is committed in a private document;
3. The falsification was done with intent to cause damage or it actually caused damage to a third
party

Kinds of documents under Philippine laws that maybe falsified:

1. Public document: is any instrument executed by a notary public or by public or a competent

public authority, with the solemnities required by law;
2. Private document- a deed or instrument executed by a private person without the intervention
of a notary public or persons legally authorized, by which document some disposition or
agreement is proved, evidenced or set forth.
3. Official document- a document issued by a public official in the exercise of the functions of
his office.
4. Commercial document- a document or instrument used by merchants or businessman to
facilitate or promote trade or credit transactions.

Art. 173. Falsification of wireless, cable, telegraph, and telephone messages, and use
of said falsified messages.

Art. 174. False medical certificates, false certificates of merit or service, etc. -
committed by:

1. Physician or surgeon who in connection with the practice of his profession ,

shall issue a false certificate
2. Public officer who shall issue a false certificate of merit of service, good
conduct, or similar circumstances
3. Private person who shall falsify any of the above mentioned certificates.

Art. 175. Using false certificate. - committed by anyone who shall make use of the false
certificates mentioned in the next preceding article.

Art. 176. Manufacturing and possession of instruments or implements for

falsification. - committed by any person who shall:

1. Make or introduce into the Philippines any stamps, dies, marks, or other
instruments or implements for counterfeiting or falsification
2. Possess with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person.

Art. 177. Usurpation of authority or official functions: - committed by any person

who shall-

1. Knowingly and falsely represent himself to be an officer, agent or representative

of any department or agency of the Philippine Government or any foreign
government. (usurpation of authority)
2. Perform any act pertaining to any person in authority or public officer of the
Philippine Government or of a foreign government or any agency thereof, under
pretense of official position, and without being lawfully entitled to do so.
(Usurpation of official function).

13
Art. 178. Using fictitious name and concealing true name26- committed by any person
who shall:

1. Publicly use a fictitious name for the purpose of concealing a crime, evading the
execution of a judgment, or causing damage.
2. Conceal his true name and other personal circumstances.

Using fictitious name distinguished from concealing true name

1. In using fictitious name, the element of publicity must be present, in concealing

true name and other personal circumstances, that element is not necessary.
2. The purpose in use of fictitious name is to conceal a crime, evade the execution of
sentence or to cause damage. While in concealing true name, the purpose is
merely to conceal identity.

Art. 179. Illegal use of uniforms and insignia27- committed by any person who shall
publicly and improperly make use of insignia, uniforms, or dress pertaining to an office
not held by such person or to class of persons of which he is not a member.

Art. 180. False testimony28 against a defendant- committed by any person who shall
give false testimony against the defendant in any criminal case.

Elements of false testimony against a defendant:

1. There is court proceeding criminal in nature;

2. The offender falsely testifies under oath against the defendant therein;
3. The offender knows that the testimony is false.

Art. 181. False testimony favorable to the defendant- committed by any person who
shall give false testimony in favor of the defendant.

Art. 182. False testimony in civil cases-

Elements of false testimony in civil cases:

1. There is a civil case;

2. The testimony of the offender was given in relation to the issues presented therein;
3. The testimony is false;
4. The offender knows that it is false;
5. The testimony is malicious.

Art. 183. False testimony in other cases and perjury29 in solemn affirmation-
committed by any person who shall knowingly make untruthful statements and not being
included in the provisions of the next preceding articles, shall testify under oath, or make
an affidavit, upon any material matter before a competent person authorized to administer
an oath in cases in which the law so requires.30

26
Commonwealth Act 142- Anti-Alias Law- prohibits the use of any name different fro that registered at
birth in the office of local civil registry. EXCEPTION: the use as pseudonym solely for literary, cinema,
television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a
normally accepted practice is allowed.
27
See RA 493 where wearing of badge, emblem, insignia of the members of the PC or AFP is prohibited.
28
False testimony is committed by any person who being required to testify at a hearing and being under
oath shall deny the truth or say something contrary to it.
29
Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation administered by
authority of law on a material matter. Remember, a bonafide belief in the truth of a statement is a defense.
A false statement which is the result of an honest mistake is not perjury.
30
There used to be a crime known as Subordination of Perjury which is committed by any person who
shall knowingly and willfully procure another to swear falsely and the witness suborned testify under
circumstances rendering him guilty of perjury. There is no more a crime of such a name, but the one who

14
Elements of perjury:

1. The accused made a statement under oath or executed an affidavit upon a material matter;
2. This statement or affidavit was made before a competent officer authorized to receive and
administer oath;
3. In his statement or affidavit, the accused made a willful and deliberate assertion of falsehood;
and
4. The sworn statement or affidavit containing the falsity is required by law.

Art. 184. Offering false testimony in evidence- committed by any person who shall
knowingly offer in evidence a false witness or testimony in any judicial or official
proceeding.31

Art. 185. Machinations in public auction- committed by any person who shall:

1. Solicit any gift or promise as a consideration for refraining from taking part in any
public auction;
2. Attempt to cause bidders to stay away from an auction by threats, gifts, promises or
any other artifice.

Art. 186. Monopolies and combinations in restraint of trade. Committed by any

person who shall:

1. Enter into any contract or agreement or shall take part in any conspiracy or
combination, in restraint of trade or commerce or to prevent by artificial means free
competition in the market.
2. Monopolize any merchandise or object of trade or commerce, or shall combine with
any person/s to monopolize said merchandise or object in order to alter the price thereof
by spreading false rumors or making use of any artifice to restrain free competition in the
market.
3. Being a manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise, either as wholesaler or retailer, shall
combine, conspire or agree in any manner with any person like wise engaged in the
manufacture, production, processing, assembling or importation of such merchandise or
object of commerce for the purpose of making transaction prejudicial to lawful
commerce, or of increasing the market price.

See RA 8293 The Intellectual Property Code of the Philippines- Infringement (Sec.155) Unfair
Competition (Sec. 168) and False Designation of Origin and False description or Representation (
Sec. 169).

TITLE SIX-CRIMES AGAINST PUBLIC MORALS

See PD 1602- Law Prescribing Stiffer Penalty in Gambling.

Acts punishable in PD 1602:

1. Those who, directly or indirectly takes part in any illegal or unauthorized activities or games
of:

a. cockfighting, jueteng, jai alai or horse racing to include bookie operation and
game fixing, numbers bingo and other forms of lotteries;
b. cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;

induced another is guilty as principal by induction in the crime of perjury.

31
The offender here is punished as guilty of false testimony and is punished according to that article.

15
 d. Black jack, lucky nine, poker and its derivative, monte, baccarat, cuajo,
panguingue and other card games;
e. Pak que, high and low, mahjong, domino, and other games using plastic tiles and
the like;
f. Slot machines, roulettes, pinball and other mechanical contraptions and devices;
g. Dog racing, boat racing, car and other forms of racing;
h. Basketball, boxing, volleyball, bowling, ping pong and other forms of individual
or team contests to include game fixing, point shaving and other machinations;
i. Banking or percentage game, or any other game or scheme, whether upon
chance or skill, wherein wages consisting of money or other articles of value
or representative of value are at stake or made.

2. Any person who permits numbers 1 to 9 acts to be carried on in an inhabited or uninhabited

place, or any building, vessel or other means of transportation owned or controlled by him.

3. Any person who knowingly permits any form of gambling to be carried on in a place which
has a reputation of a gambling place.

4. The maintainer or conductor of the gambling schemes.

5. Any person who knowingly and without lawful purpose possesses any lottery lists, letter, or
other material containing paper, figures signs or symbols pertaining or used to the games of
jueteng, jai alai horse racing bookies and similar games of lotteries and numbers which have
taken place or about to take place.

Gambling defined- a game or scheme the result of which depends wholly upon chance or hazard.
Its elements are:

1. Money or other consideration of value;

2. The result of the game depends wholly or chiefly upon chance or hazard.

PD 483- Betting and Game Fixing or Point Shaving and Machinations in Sports Contests.

PD 449- Cockfighting Law of 1974.

Art. 199 RPC- Illegal Cockfighting.

RA 9287- An Act Increasing the Penalties for Illegal Number Games Amending Certain
Provisions of PD 1602 (Latest Law on Gambling)- included the games of masiao and last two
as illegal number games.

Section 4 thereof states: “The possession of any gambling paraphernalia and other materials
used in the illegal numbers game operation shall be deemed prima facie evidence of any offense
committed under RA 9287.”

Art. 200. Grave Scandal32 (Malubhang iskandalo)- committed by any person who shall
offend against decency or good customs by any highly scandalous conduct not expressly
falling within any article of the RPC.

Elements of grave scandal:

1. The offender performs an act;

2. The act must be highly scandalous as offending against decency or good customs;
3. The scandalous conduct is not expressly falling within any other article of the RPC;
4. The act be committed in a public place or within the public knowledge or view.

Art. 201. Immoral doctrines. Obscene publications and exhibitions, and indecent
shows- committed by any person who:

32
Grave Scandal- may also be defined as acts which are offensive to decency and good customs which,
having been committed publicly, have give rise to public scandal to persons who have accidentally
witnessed them.

16
1. Shall publicly expound or proclaim doctrines openly contrary to public morals;
2. The authors of obscene literature, published with their knowledge in any form.
3. The editors publishing such literature
4. Owners or operators of establishment selling them
5. Those who in theaters, fairs, cinematographs, or any other place, exhibit indecent or
immoral plays, scenes, acts or shows.33
6. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or
literatures which are offensive to morals.

Art. 202. Vagrants and prostitutes- (Mga palaboy at mga puta)

1. Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself to some lawful calling.
2. Any person found loitering about public or semi public building or places, or tramping
or wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes
4. Any person found loitering in any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose
5. Prostitutes- any woman who for money or profit, habitually indulge in sexual
intercourse or lascivious conduct.

TITLE SEVEN-CRIMES COMMITTED BY PUBLIC OFFICERS

Art. 203. Public officers, defined- any person who, by direct provision of the law,
popular election or appointment by competent authority, shall take part in the
performance of public functions in the Government, or shall perform in said government
or in any of its branches public duties as an employee, agent, or subordinate official, of
any rank or class.

Malfeasance- the performance of some act which should not be done.

Misfeasance- the improper performance of some act which should have been lawfully be done
Non Feasance- the omission of some act which ought to be performed.

Art. 204. Knowingly rendering unjust judgment34. - committed by any judge who shall
knowingly render an unjust judgment in any case submitted to him for decision.

Art. 205. Judgment rendered through negligence- committed by any judge who, by
reason of inexcusable negligence or ignorance, shall render a manifestly unjust judgment
in any case submitted to him for decision.

Art. 206. Unjust interlocutory order35- committed by any judge who shall knowingly or
by reason of inexcusable negligence or ignorance shall render an unjust interlocutory
order or decree.

Art. 207. Malicious delay in the administration of justice- committed by a judge who
is guilty of malicious delay in the administration of justice.

33
They shall include: 1. those that glorify criminals or condone crimes, 2. serve no other purpose than to
satisfy the market for violence, lust or pornography, 3. offend any race or religion, 4. tend to abet traffic in
and use of prohibited drugs and 5. contrary to law, public order, morals, good customs, established policies,
lawful orders, decrees and edicts.
34
An Unjust Judgment is a judgment that is contrary to law, or not supported by evidence or both.
35
An Interlocutory Order-is a decision which does not dispose of the action in its entirety and leaves
something to be done to complete the relief sought.

17
Art. 208. Prosecution of offenses; negligence and tolerance36- committed by public
officers or officers of the law, who, in dereliction of the duties of his office, shall
maliciously refrain from instituting prosecution for the punishment of violators of the
law, or shall tolerate the commission of offense.

Elements of dereliction of duty in the prosecution of offenses:

1. The offender is a public officer or officer of the law who has a duty of prosecuting offenses;
2. He, knowing the commission of a crime does not cause the prosecution of the criminal;
3. He acts with malice.

Art. 209. Betrayal of trust by an attorney or solicitor-revelation of secrets-

Acts Punishable:

1. An attorney causing damage to his client by malicious breach of professional duty or

by inexcusable negligence or tolerance.
2. An attorney revealing any of the secrets of his client learned by him in his professional
capacity.
3. An attorney undertaking the defense of the opposing party in the same case, without
the consent of his first client, after having undertaken the defense of the first client or
after having received confidential information from said client.

Art. 210. Direct bribery (Tuwirang pagsuhol)- committed by a public officer who:

1. Agrees to perform, or by performing, in consideration of any offer, promise,

gift or present-an act constituting a crime, in connection with the
performance of his official duty.
2. Accepts a gift in consideration of the execution of an act which does not
constitute a crime, in connection with the performance of his official duty.
3. Agreeing to refrain, or by refraining, from doing something which it is his
official duty to do so, in consideration of a gift or promise.

Elements of direct bribery:

1. The offender is a public officer;

2. He accepts an offer or a promise or receives a gift or present by himself or through another;
3. Such offer or promise be accepted, or gift or present received by him:
a. with a view to committing some crime; or
b. in consideration of the execution of an unjust act which does not constitute a crime
c. to refrain from doing something which it is his official duty to do.
4. The act which the offender agrees to perform or which he executes be connected with the
performance of his official duties

Art. 211. Indirect bribery- committed by any public officer who shall accept gifts
offered to him by reason of his office.

Elements of indirect bribery:

1. The offender is a public officer;

2. Gifts are offered to him by reason of his office;
3. He accepts the gift

Art. 211-A.Qualified Bribery- committed by a public officer who is entrusted with law
enforcement and who refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death in consideration of any

36
In US vs. Mendoza 23 Phil 194, SC said: “The crime committed by the first law violator must be proved
first. If not, the person charged with dereliction is not liable.”

18
offer, promise, and gift or present. 37 The death penalty shall be imposed if it is the public
officer who asks or demands such gift or present.

Elements of qualified bribery:

1. The offender is a public officer entrusted with law enforcement;

2. He refrains from arresting or prosecuting an offender who has committed a crime punishable
by reclusion perpetua and/or death;
3. He does so because of consideration of any promise, gift or present.

Art. 212. Corruption of public officials- committed by any person who shall have made
the offers or promises or given the gifts or present as described in the preceding articles.

Elements of corruption of public official:

1. The offender makes offers or promises or gives gift or presents to a public officer;
2. They are given under circumstances that will make the public officer liable for direct or
indirect bribery.

See RA 3019- The Anti-Graft and Corrupt Practices Act

Art. 213. Frauds against the public treasury and similar offenses. Committed by a
public officer who shall:

1. Enter into an agreement with any party or speculator or make use of scheme, to
defraud the government, in dealing with any person with regard to furnishing of supplies,
the making of contracts or the adjustment or settlement of accounts.
2. Demand, the payment of sums different from or larger than those authorized by law,
in the collection of taxes, licenses, fees or outposts.
3. Voluntarily fail to issue a receipt, for any sums of money collected by him officially,
in the collection of taxes, fees, licenses, outposts.
4. Collecting or receiving, directly or indirectly, things or objects of a nature different
from that provided by law, in the collection of taxes, fees, licenses and other imposts.

Art. 215. Prohibited transactions- committed by appointive public officer, who, during
his incumbency, shall become interested in any transaction of exchange or speculation
within the territory subject of his jurisdiction.

Art. 216. Possession of prohibited interest by a public officer.-committed by a public

officer who shall become interested in any contract or business in which it is his official
duty to intervene.

Art. 217. Malversation38 of public funds or property (Paglustay ng salapi o mga ari-arian
ng bayan)- committed by a public officer who by reason of the duties of his office is
accountable for public funds or property who shall:

1. Appropriate public funds or property

2. Take or misappropriate public funds or property.
3. Consent, or through abandonment or negligence, permit any other person to take such
public funds or property.

Prima Facie Evidence of Malversation: The failure of a public officer to have duly
forthcoming any public funds or property with which he is chargeable, upon demand 39 by
any duly authorized officer, shall be prima facie evidence that he has put such missing
funds or property to personal use.
37
Here, he shall suffer the penalty for the offense which was not prosecuted.
38
Malversation is also known as embezzlement
39
Previous demand however is not necessary for violation of Article 217 because it is not an element of this
felony. Demand merely raises a prima facie presumption that missing funds have been put to personal use.

19
Elements of malversation:

1. The offender is a public officer;

2. He had control or custody of funds or property by reason of the duties of his office;
3. These funds or property are public in character for which he is accountable;
4. He appropriated, misappropriated, took, or consented, or through abandonment or negligence,
permitted another person to take them.

Art. 218. Failure of accountable officer to render account- committed by any public
officer who is required by law or regulation to render accounts to the Commission on
Audit, or to a provincial auditor and who fails to do so for a period of two months after
such accounts should be rendered.

Art. 219. Failure of responsible public officer to render accounts before leaving the
country.- committed by a public officer who unlawfully leaves or attempts to leave the
country without securing a certificate from the COA showing that his accounts have been
finally settled.

Art. 220. Illegal use of public funds or property.40-committed by a public officer who
shall apply any public funds or property under his administration to any public use other
than that for which such funds or property were appropriated by law or ordinance.

Elements of technical malversation:

1. The offender is a public officer;

2. A public fund or property is under his administration;
3. Such public fund or property has been appropriated by law or ordinance;
4. He applies it to a public use other than that for which such fund or property has been
appropriated by law or ordinance.

Art. 221. Failure to make delivery of public funds or property- committed by any
public officer who is under obligation to make payment from government funds in his
possession, who shall fail to make such payment.

It is also committed by a public officer who is ordered by competent authority to

deliver any property in his custody or under his administration, shall refuse to make such
delivery.

Note: Under Art 222, even private individuals may be held liable under the provisions of Articles 217 to
221 if:

1. He has charge of any national, provincial, municipal funds, revenue or property.

2. He is the administrator or depository of funds or property, attached, seized or deposited by public
authority, even if such property belongs to a private individual.

Art. 223. Conniving with or consenting to evasion. - committed by any public officer
who shall consent to the escape of a prisoner in his custody or charge.

Elements of conniving with or consenting to evasion:

1. The offender is a public officer;

2. He had in his custody a detention prisoner or a prisoner convicted by final judgment;
3. The prisoner escaped from his custody;
4. He was in connivance with the prisoner in the latter’s escape.
40
Art. 220 is also known as the crime of “Technical Malversation”. In Abdulla vs. People 455 SCRA 78,
the accused was acquitted of the charge of technical malversation after the Supreme Court found out that
there was an absence of any provision of law (RA 6688) that specifically appropriates certain amount for
the payment of salary differentials of school teachers only.

20
Art. 224. Evasion through negligence- committed by a public officer who is charged
with the custody or conveyance of a prisoner and the prisoner escaped through his
negligence.

Art. 225. Escape of prisoner under the custody of a person not a public officer.-
committed by any private person to whom the conveyance or custody of a prisoner or
person under arrest shall have been confide4d, who shall commit any of the offenses
mentioned in the two preceding articles.

Art. 226. Removal, concealment or destruction of documents.-committed by a public

officer who to the damage of a third party or the public interest shall remove, destroy or
conceal documents or papers officially entrusted to him.

Art. 227. Officer breaking seal- committed by any public officer charged with the
custody of papers or property sealed by proper authority, which shall break the seals or
permit them to be broken.

Art. 228. Opening of closed documents- committed by any public officer who without
proper authority, shall open or shall permit to be opened any closed papers, documents,
or objects entrusted to his custody.

Art. 229. Revelation of secrets by public officer

Acts punishable:

1. Revealing any secrets known to the public officer by reason of his official duty.
2. Delivering wrongfully papers or copies of papers which he may have charge and
which should not be published.

Art. 230. Public officer revealing secrets of private individual- committed by any
public officer to whom the secrets of private individual shall become known by reason of
his office who shall reveal such secrets.

Art. 231. Open disobedience- committed by any judicial or executive officer who shall
openly refuse to execute the judgment, decision or order o\f any superior authority made
within the scope of jurisdiction of the latter and issued with all legal formalities.

Art. 232. Disobedience to order of superior officer when said order was suspended
by inferior officer- committed by a public officer, who has suspended the execution of
the orders of his superior, shall disobey such superiors after the latter have disapproved
the suspension.

Art. 233. Refusal of assistance- committed by a public officer, who to the damage of the
public interest or to a third person, upon demand from competent authority, shall fail to
lend his cooperation towards the administration of justice or other public service.

Art. 234. Refusal to discharge elective office. - committed by any person who having
been elected by election, shall refuse without legal motive to be sworn in or to discharge
the duties of said office.

Art. 235. Maltreatment of prisoners41 (Pagmamalupit sa mga bilanggo). Committed by

any public officer or employee who shall:

41
The penalty for this crime is prision correctional in its minimum period and this is in addition to the
physical injuries and damage caused. This phrase makes it legally impossible to charge one with violation
of Article 235 complexed with physical injuries.

21
1. Overdo himself in the correction or handling of a prisoner or detention prisoner under
his charge by:

j. imposing punishment not authorized by regulations or

k. inflicting authorized punishment in a cruel and humiliating manner.

2. Maltreat a prisoner to extort a confession or to obtain some information.

Art. 236. Anticipation of duties of a public office- committed by any person who shall
assume the performance of the duties and powers of any public office or employment
without first being sworn in or having given the bond required by law.

Art. 237. Prolonging performance of duties and powers.- committed by a public

officer who shall continue to exercise the duties and powers of his office, employment or
commission beyond the period provided by law or regulations.

Art. 238. Abandonment of office or position. - committed by any public officer who,
before, the acceptance of his resignation, shall abandon his office to the detriment of the
public service.

Art. 239. Usurpation of legislative powers- committed by a public officer who shall
encroach the powers of the legislative branch of the government by making rules and
regulations beyond the scope of his authority, or by attempting to repeal a law or
suspending its execution.

Art. 240. Usurpation of executive functions- committed by any judge who shall assume
any power pertaining to the executive authorities, or shall obstruct the latter in the
exercise of their powers.

Art. 241. Usurpation of judicial functions- committed by any officers of the executive
branch who shall assume judicial powers or shall obstruct the execution of any order or
decision rendered b7y any judge within his jurisdiction.

Art. 242. Disobeying request for disqualification- committed by any public officer,
who before the question of jurisdiction is decided, shall continue any proceeding after
having been lawfully required to refrain from so doing.

Art. 243. Orders or requests by executive officers upon judicial authority- committed
by any executive officers who shall address any order or suggestion to any judicial
authority with respect to any case or business coming within the exclusive jurisdiction of
courts.

Art. 244. Unlawful appointments- committed by any public officer who shall knowingly
nominate or appoint to any public office any person lacking the legal qualifications
therefore.

Art. 245. Abuses against chastity42 (Mga paglapastangan sa kalinisan ng budhi)- committed
by:

1. Public officer who shall solicit or make immoral or indecent advances to a woman
interested in matters pending before such officer for decision, or with respect to which he
is required to submit a report to, or consult with a superior officer.

42
This crime is committed by a mere proposal.

22
2. Any warden or public officer charged with the care and custody of prisoners or persons
under arrest who shall make or solicit immoral or indecent advances to a woman under
his custody.43

Compiled By:

Makamasa A. Gapit
University of Perpetual Help Dalta Las Piñas
Philippine College of Criminology

Non Compos Mentis By Reason Of:

Emma Lee Bunton

Saint Theresa’s Primary School
Sylvia Young Theater School Marylebone

TITLE 8- CRIMES AGAINST PERSONS

Art. 246. Parricide. – Any person who shall kill his father, mother or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.44

Elements of Parricide:

1. A person is killed;
2. Accused killed the deceased;
3. The deceased is the legitimate or illegitimate father, mother or child, or
legitimate ascendant or legitimate descendant or legitimate spouse 45 of
the accused.

Q: What is the best proof of marriage between the spouses?

A: __________

Q: A wanted to kill B his neighbor. A waited for B in a dark street to ambush the
latter. A, thinking that the person approaching was B stabbed the latter. It turned
out that what A stabbed was F, his (A’s) very own father. What crime was
committed by A?

A: __________

43
It is also punishable to make such a solicitation to the wife, daughter, sister, or relative within the same
degree by affinity of any person in the custody of such warden or officer.
44
In People v. Recote 96 Phil 980, the Supreme Court convicted a husband of the crime of Parricide
through Reckless Imprudence, after he accidentally shot his wife through his imprudence while he was
struggling for its possession.
45
In People vs. Subano 73 PHIL 692, The accused Subano is a member of a cultural minority in the
southern portion of the Philippines that authorizes or sanctions polygamy. He had three wives. Subano
kileed one of his wives and was convicted of homicide only and not parricide. The reason for the ruling is
that Philippine Law does not sanction the practice of polygamy (except among muslims) and that the
deceased wife was the last wife in point in tume.

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Art. 247. Death or physical Injuries inflicted under exceptional
circumstances.46- Any legally married person who, having surprised his spouse
in the act of committing sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately thereafter, shall inflict upon them
any serious physical injury shall suffer the penalty of destierro 47.
If he shall inflict upon them physical injuries of any other kind he shall be
exempted from punishment.
These rules shall be applicable, under the same circumstance, to parents,
with respect to their daughters under 18 years of age, and their seducer, while
the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.

Q: Who has the burden of proof to prove the circumstances under article 247?
A: __________

The one who killed the spouse must be legally married to the latter so that
article 247 may apply.
In People vs. Abarca, the husband killed the paramour of his wife only
after an hour had lapsed from surprising the two having sex. Article 247 was
applied.

Some Dumb Laws From the Net:

Art. 248. Murder (assasinato) - Any person, who, not falling within the provisions
of Article 246, shall kill another, shall be guilty of murder and shall be punished
by reclusion perpetua to death if committed with any of the following attendant
circumstances.

a. With treachery
b. Taking advantage of superior strength
c. With the aid of armed men
d. Employing means to weaken defense
e. Employing means or persons to insure or afford impunity
f. In consideration of price reward or promise
g. By means of inundation
h. By means of fire
i. By means of poison
j. By means of explosion
k. By means of shipwreck
l. By means of stranding of a vessel
m. By means of derailment or assault upon a railroad
n. By means of fall of an airship
o. By means of motor vehicle
p. By the use of other means involving great waste and ruin
q. On the occasion of any of the calamities enumerated in letters g-p.
r. On the occasion of an earthquake
s. On the occasion of eruption of volcano
t. On the occasion of destructive cyclone
u. On the occasion of epidemic
v. On the occasion of any other public calamity
w. With evident premeditation

46
Article 247 is also known as extraordinary mitigating circumstance. It however does not exempt the
culprit from civil liability.
47
Destierro here is inflicted not really as a penalty but more on for the protection of the accused.

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 x. With cruelty (by deliberately and inhumanly augmenting the suffering of the
victim)
y. By outraging or scoffing at the person or corpse of a person. 48

Elements of murder:

1. A person was killed;

2. The accused killed the deceased;
3. The killing was attended by any of the qualifying circumstance mentioned in
article 248;
4. The killing is not parricide, infanticide or homicide. 49

__________- is the unlawful killing of another person which is not parricide or

infanticide and provided that the killing is attended by any of the above
mentioned circumstances.

Q: A threatened to kill B. One night A stabbed B from behind without any

warning whatsoever. What crime was committed by A?
A: __________

Q: A nurse surreptitiously removed the endothracheal tube attached to the

body of a terminally ill patient. The patient died. What crime was committed by
the nurse?
A: __________

* Treachery must be alleged in the information so that it will qualify the killing
to murder.
* If treachery is not alleged in the information which charges murder, but in
the trial treachery was proven, the accused cannot be convicted of murder.
Homicide only would be the crime
* The act of Euthanasia or mercy Killing is considered as murder. It is the
practice of putting to death a person who is suffering from some incurable
disease. It may also be defined as the acceleration of the death of a person
who suffers from some incurable disease.

Art. 249. Homicide- is a crime committed by any person who shall kill another
without the attendance of any of the circumstances mentioned in article 248. 50

Homicide, defined- the unlawful killing of another but which is not parricide,
murder or infanticide.

Elements of homicide:

1. A person was killed;

2. The accused killed the deceased;
3. The accused had the intent to kill;

48
Under RA 9165 if a killing was done by another who at the time was under the influence of drugs that
becomes a qualifying circumstance. In People vs. Whisenhunt 386 SCRA 586, the accused decapitated the
victim’s head constituting outraging or scoffing at her corpse, which qualifies the crime to murder. In
People vs. Butler 120 SCRA 281- the accused had anal intercourse with a woman after killing her
(Pambihira!) In People vs. Carmina 193 SCRA 429, the body of the deceased was opened by the accused
exposing his internal organs. But in the case of People vs. Laspardas 93 PHIL 638, the accused killed the
deceased and at the threshold of death raped the victim. The rape incident was considered only as an
aggravating circumstance.
49
It is also understood that the killing must be attended by a felonious intent.
50
In People vs. Castillo 76 Phil 72- a pharmacist erroneously mixed medicine and gave it to the offended
party who nearly died when he took it. The crime was not attempted or frustrated homicide because of the
absence of intent to kill.

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4. The killing was attended by any of the qualifying circumstance mentioned in
article 248.
5. The killing is not infanticide or parricide.

TIMEOUT

LET US TALK ABOUT C.I.D.E.S.

1. What do you call the killing of one’s own mother? __________

2. What do you call the killing of one’s own father? ___________
3. What do you call the killing of one’s own siblings (brother/sister)?
__________
4. What do you call the act of killing oneself? __________
5. What do you call the act of killing a king? __________
6. What do you call the act of killing a tyrant? __________
7. What do you call the act of killing one’s own wife? __________
8. What do you call the act of killing a race, a community or certain group of
people? __________51
9. What do you call the act of killing a God/god? __________
10. What do you call the act of destroying or killing the environment?
__________

Accidental homicide, defined- This is a homicide that results when the

death of a person is brought about by a lawful act performed with proper care
and skill and absence of criminal intent.

In People vs. Pugay 167 SCRA 439, the accused set on fire a retardate
victim out of frolic and merrymaking. The Supreme Court convicted him of
Homicide thru Reckless Imprudence

Article 251. Death caused in a tumultuous affray.- (See the article)

 Here at least four (4) persons must take part in the affray.
 There would be no tumultuous affray if the quarrel is between two well
known groups.

Q: What is a tumultuous affray?

A: It is one which takes place when a quarrel occurs among several persons not
composing of organized groups, and these persons assaulted each other in a
confused and tumultuous manner. It takes place when a quarrel occurs between
several persons who engaged in a confused and tumultuous manner, in the
course of which a person is killed or wounded and the author thereof cannot be
ascertained.

Article 252. Physical injuries in a tumultuous affray- (see the article)

Article 253. Giving assistance to suicide- is committed by any person who shall
assist another to commit suicide, or lending his assistance to another to the
extent of doing the killing himself.

 One who commits or attempts to commit suicide is not liable under the
law. Nullum crimen nulla poena sine lege.

51
Sometimes referred to as “ethnic cleansing”

26
Analyze: A pregnant woman attempted to commit suicide by drinking poison.
Instead of her dying, it was the unborn child who died. Is the pregnant woman
liable for the death of her unborn child?

Art. 254. (Illegal) Discharge of firearm (Pagpapaputok g sandata) - is

committed by any person who shall shoot at another with any firearm.

Elements of Discharge of Firearm:

1. A person discharges a firearm against another person

2. The offender has no intent to kill that person

Art. 255. Infanticide- is the killing of a child less than three (3) days old.

Elements of infanticide:

1. A child less than 3 days old (72 hours old or less) is killed;
2. The accused killed said child.

Q: A father sired a child out of his kerida. This child who was less than three days
old was killed by his own father. The purpose of the father in killing the child was
to conceal its existence from his legitimate wife. What crime was committed by
the father?
A: __________

Art. 256. Intentional abortion52- is committed by any person who shall

intentionally cause an abortion by:

1. using violence upon the person of the pregnant woman; or

2. acting without the consent of the woman but without using violence;
3. acting with the consent of the woman

Elements of intentional abortion:

1. Violence is exerted, or any drugs or beverages be administered or the

accused acts upon a pregnant woman;
2. As a result thereof, the fetus dies, in the womb or after having been expelled
therefrom;
3. The act is intended.

Art. 257. Unintentional abortion- committed by any person who shall cause an
abortion by violence, but unintentionally

Elements of unintentional abortion

1. There is a pregnant woman;

2. Violence is used against the woman but without intending an abortion
3. The violence is intentionally exerted
4. Fetus died

 If there is no violence used; No intent to cause an abortion- there is no

abortion of any kind.

Analyze: A pregnant woman was suffering from severe stomach ache. The
husband saw this and in order to help her wife gave her a certain medicine in
52
Abortion has been defined as the willful killing of the fetus or violent expulsion of the same from the
maternal womb.

27
good faith. Unknown to both of them, the medicine had abortifacient contents.
The fetus was expelled and the wife suffered an abortion. What is the crime
committed by the husband?

Q: What crime is committed by one who would strike at a pregnant woman

causing the latter an abortion?
A: __________

Q: What crime is committed by one who would point a gun against a pregnant
woman and as a result of such gun poking the pregnant woman suffered an
abortion because of the shock that she suffered?
A: _________
Q: What crime is committed by one who would strike at a pregnant woman
and as a result of which both the woman and the unborn child died?
A: __________

Q: What crime is committed by a husband who would strike at his lawfully

wedded wife and as a result both the wife and the unborn child died?
A: __________

Art. 259. Abortion practiced by woman herself or by her parents- this is

committed by a woman who shall practice an abortion upon herself or shall
consent that any other person should do so.

American Case Law: Roe vs. Wade

Art. 260. Abortion practiced by a physician or midwife and dispensing of

abortives. - is committed by a doctor or physician who shall cause an
abortion or assist in causing the same. Also a pharmacist who without proper
prescription from a physician shall dispense any abortive.

Art. 260. Responsibility of participants in a duel.

Duel, defined- is a combat agreed between two parties in the presence of

seconds who makes the selection of arms.

LIABILITIES IN A DUEL
If the adversary is killed Reclusion temporal
Physical Injuries Consult Article 263 -266
No physical injuries whatsoever was Both combatants shall suffer arresto
committed mayor
Liability of seconds They are considered as accomplices

Art. 261. Challenging to a duel- committed by any person who shall challenge
another, or incite another to give or accept a challenge to a duel, or shall scoff at
or decry another publicly for refusing to accept a challenge to fight a duel.

Art. 262. Mutilation53- committed by any person who shall intentionally mutilate
another by depriving him, either totally or partially, of some essential organ of
reproduction. Any other intentional mutilation is also punished (known as
mayhem)

Art. 263. Serious Physical Injuries- committed by any person who shall wound,
beat or assault another causing the offended party to become:

53
Otherwise stated, mutilation is the intentional clipping off of some part of the human body.

28
 1. insane, imbecile, impotent or blind;
2. the person injured has lost the use of speech, or the power to hear or
smell, or losses an eye, a hand, a foot, an arm, or a leg or shall have lost
the use of such member, or shall have become incapacitated for work
which he was habitually engaged.
3. deformed, lost any part of his body, or use thereof, or ill or incapacitated
for work he was habitually engaged for 90 days;
4. ill or incapacitated for labor for more than 30 days.

Q: Distinguish mutilation from physical injury.

A: The mutilation must have been made deliberately to clip off some part of the
body to deprive the other person of such part of the body. This special intention
is not present in physical injuries.

Q: A cut off the long hair of B while the latter was sleeping. What crime was
committed by A?
A: __________

Art. 264. Administering injurious substances or beverages (Pagpapainom ng

mga nakapipinsalang mga sustansiya o inumin)- committed by any person who
without intent to kill, shall inflict upon another any serious physical injury, by
knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity.

Elements of administering injurious substances/beverages

1. Offender inflicted any serious physical injuries

2. By knowingly administering any injurious substances or beverages
3. Accused had no intent to kill.

Art. 265. Less serious physical injuries- committed by any person who shall
inflict injuries upon another which shall incapacitate the offended party for labor
for 10 days or more, or shall require medical attendance for the same period.

Art. 266. Slight Physical Injuries- committed by any person who shall inflict
physical injury upon another which shall incapacitate another for labor from 1-9
days or shall require medical attendance for the same period or any injury which
does not prevent the offended party from engaging in his habitual work nor
require medical attendance, or shall ill treat another by deed without causing any
injury (maltreatment).

Art. 266. Rape54- is committed

1. by a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a. through force or intimidation;
b. woman is deprived of reason or unconscious;
c. fraudulent machination or grave abuse of authority;
d. offended party is under 12 or is demented

2. By any person who, under any of the circumstances mentioned in par. 1

shall commit an act of sexual assault by inserting his penis into another
person’s mouth or anal orifice, or any instrument or object, into the genital
or anal orifice of another person.55

54
Amazingly in People vs. dela Torre 419 SCRA 18- Both husband and wife was found guilty of raping
their female maid.

29
  RA 8353- October 22, 1997

Q: What are the qualifying/aggravating circumstances in the crime of rape? 56

A: If committed under any of the following circumstances:

1. When the victim is under 18 years of age and the offender is a parent,
ascendant, step parent, guardian relative within the 3 rd degree, or the
common law spouse of the parent of the victim.
2. When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution
3. When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the 3rd degree of consanguinity
4. When the victim is a religious engaged in legitimate religious vocation
personally known by the offender
5. When the victim is below 7
6. When the offender knows that he is afflicted with HIV or AIDS
7. When committed by any member of the AFP or para military units or PNP
or any law enforcement agency or penal institution.
8. When the offender knew of the pregnancy of the offended party
9. When the offender knew of the mental disability, emotional disorder or
physical handicap of the offended party.

 People vs. Cabalquinto

 People vs. Baleros

Q: What crime is committed when one had sex with a dead body (corpse)?
A: __________

Q: What crime is committed when one engages in bestiality or zoophilia?

A: __________

Q: What crime is committed by an adult who shall have sex with a 13 year old girl
who consented to the sexual act because of love?
A: Consented abduction/Child Abuse57

Q: What is carnal knowledge?

A: __________

Q: What is sexual outer course?

A: __________

Q: What consummates the crime of rape?

A: The slightest penetration of the labia consummates the crime of rape. The
absence of sperm is not important. It is enough that the labia of the female organ
was penetrated.

Q: What is statutory rape?

A: The rape of a woman under 12 years of age.

Q: What is the “rape shield” concept in the crime of rape?

A: It means, in a prosecution for rape, evidence of complainants past sexual
conduct, opinions, and his or her reputation shall not be admitted, unless the
court finds it material.
55
In People vs. Soriano 388 SCRA 140, Supreme Court ruled that inserting a finger inside the genital of a
woman is rape through sexual assault
56
The presence of any one of these will raise the penalty to death. (However See RA 9346)
57
Provided the elements are present

30
Art. 266-C Effect of pardon -the subsequent valid marriage between the
parties58 shall extinguish the criminal action or the penalty imposed. The
forgiveness by the wife shall extinguish the criminal action or the penalty.

Q: May a husband be guilty of rape against his own wife?

A: Yes.

Q: What is the “sweetheart defense” in rape cases and what evidence may
support its findings?
A: ____________________

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

TITLE 9

Art. 267. Kidnapping and serious illegal detention- committed by any person
who shall kidnap or detain another, or in any other manner shall deprive him of
his liberty.

 In order that this article may apply there must be actual deprivation of
liberty or locking up with motive to resort to kidnapping or detention.

Elements of kidnapping and serious illegal detention:

1. A person kidnaps or detains another, or deprives another of liberty;

2. The offender must be a private individual;
3. Any of the following circumstance must be present:
a. The kidnapping or detention must last for more than 3 days;
b. The kidnapping was done simulating public authority;
c. Any serious physical injuries are inflicted upon the person kidnapped or
threats to kill him 59are made.
d. The victim is a minor, female or a public officer.

Ransom- is any money price or consideration paid or demanded for redemption

of a captured person or a payment that releases one from captivity

Art. 268. Slight illegal detention- committed by any private individual who shall
commit the crimes described in art 267 without the attendance of any of the
circumstances therein mentioned.

Elements of slight illegal detention:

1. The offender is a private individual;

2. He kidnaps or detains another or deprives that person of his liberty;
3. The act is committed without the attendance of any of the circumstances
mentioned in article 267.
58
But the pardon will not benefit the accomplices and the accessories. But in crimes against chastity pardon
benefits even the accomplices and the accessories.
59
Under this law, it shall be unlawful for any hospital or medical clinic to detain or cause the detention of
patients who have fully or partially recovered or have been adequately attended to or who may have died,
for reasons of non payment of hospitals or medical expenses. The remedy of the hospital is to demand from
the patient to execute a promissory note covering the unpaid obligation. The promissory note shall be
secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with
the patient for the unpaid obligation.

31
 See RA 9439- Act Prohibiting the Detention of Patients in Hospitals and
Medical Clinics on Ground of Non Payment of Hospital Bills or Medical Expenses

Art. 269. Unlawful arrest- committed by any person without being authorized by
law, or without reasonable ground shall arrest or detain another for the purpose
of delivering him to the proper authorities.

Elements of unlawful arrest

1. The offender detains another

2. The purpose is to deliver him to authorities
3. It is not authorized by law or there is no reasonable ground therefore.

Art. 270. Kidnapping and failure to return a minor- committed by any person
who, being entrusted with the custody of a minor, shall deliberately 60 fail to
restore the latter to his parents or guardians.

Art. 271. Inducing a minor to abandon home- committed by anyone who shall
induce a minor to abandon the home of his parents or guardians or the persons
entrusted with his custody.

 Mere inducement consummates this crime. But if a minor leaves because

of his own free will no crime of article 271 is committed.
 A parent may become the offender in art. 271 as when the custody of the
child is granted to either of them.

Art. 272. Slavery (Pangaalipin)- committed by anyone who shall purchase, sell,
kidnap or detain a human being for the purpose of enslaving him.

 See RA 9208 Anti Trafficking in Persons Act

Art. 273. Exploitation of child labor (Pagsasamantala sa mga batang

manggagawa)-committed by anyone who under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian, or person entrusted with
the custody of a minor shall against the latter will retain him in his service.

Art. 274. Services rendered under compulsion in payment of debt.-committed by

any person who, in order to require or enforce the payment of a debt, shall
compel the debtor to work for him, against his will, as household servant or farm
laborer.

Art. 275. Abandonment of persons in danger and abandonment of ones own

victim- committee by anyone who shall fail:
1. to render assistance to person whom he shall find in an uninhabited place
wounded or in danger of dying
2. to render assistance to another whom he has accidentally wounded or
injured
3. fail to deliver an abandoned child under 7 whom he found to his parents or
authorities.

Art. 276. Abandoning a minor- committed by anyone who shall abandon a child
under 7 years of age, the custody of which is incumbent upon him.
60
What is actually being punished is not the kidnapping of the minor but rather the deliberate failure of the
custodian of the minor to restore the latter to his parents or guardians. The word deliberate implies
something more than mere negligence- it must be premeditated, headstrong, or intentionally and
maliciously wrong- People vs. Pastrana 387 SCRA 342

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Art. 277. Indifference of parents- committed by the parents who shall neglect
their children by not giving them the education which their station in life requires
and financial conditions permit.

Art. 278. Exploitation of minors

 See RA 9231

Art 280. Qualified trespass to dwelling 61 (Kwalipikadong pagpasok sa

tahanan)- committed by private individual who shall enter the dwelling of another
against the latter’s will. (Simple)

Elements of trespass to dwelling:

1. The offender is a private person;

2. He enters the dwelling of another;
3. The entrance is against the will of the latter.

 Trespass becomes qualified when committed by means of violence or

intimidation
 Against the will of the owner signifies that the mere absence of owner’s
consent is not enough to make the crime trespass
 To commit trespass the entrance must be against the expressed or
presumed prohibition of the owner. Mere lack of permission is not to be
confused with prohibition

Enumerate the absolutory causes in article 280:

There is no penalty if the trespass is committed when the trespassers

1. entered to prevent some serious harm to himself, or to the occupants of

the dwelling or third persons
2. entered for the purpose of rendering some service to humanity or justice
3. entered cafes, taverns, inn and other public houses, while the same are
open

Dwelling- is the place of abode where one resides and which satisfies the
requirements of domestic life. It is any building or structure exclusively used
for rest and comfort.

Art. 282. Grave threats (Malubhang pananakot)- committed by any person who
shall, threaten another with the infliction upon the person, honor, or property of
the latter or of his family of any wrong amounting to a crime.
Elements of grave threats one (where offender attained his purpose):

1. The offender threatens another with the infliction upon the latter’s person,
honor or property, or upon his family of any wrong.
2. The wrong amounts to a crime;
3. There is demand for money or that any other condition is imposed, even
though not unlawful;
4. The offender attains his purpose.
61
In People vs. Marzalado 441 SCRA 595- Marzalado forcibly opened a house which he leased to a tenant
who at the time of the forcible entry was absent therein. The reason for the forcible entry was that a faucet
was left open and running causing the water to spill therefrom unabatedly. He was charged by the tenant
with trespass to dwelling. The Supreme Court acquitted him of the charge because of his good intention.
There was absence of criminal intent which is a requisite of felonies in general.

33
Elements of grave threats two (threats not subject to condition)

1. The offender threatens another with the infliction upon the latter’s person,
honor, or property, or upon his family of any wrong;
2. Such wrong amount to a crime;
3. The threat is not subject to a condition.

 The accused in grave threats dos not expect or demand the delivery on
the spot of the thing asked by him, otherwise the felony may be robbery

Art. 283. Light threats- is threat to commit a wrong not constituting a crime, a
crime made in the manner expressed in subdivision one of article 282.

Elements of light threats:

1. The offender makes a threat to commit a wrong;

2. The wrong does not constitute a crime
3. A demand for money or other condition is imposed even though not unlawful;
4. The offender has attained or has not attained his purpose.

Art. 284. Bond for good behavior- the person making the threats may be
required to give bail not to molest the person threatened, if he shall fail to give
such bail, he shall be sentenced to destierro.
Art. 285. Other light threats- committed by any person who shall:

1. Threaten another with a weapon, or draw such weapon in a quarrel unless

it be a lawful self defense
2. Orally threaten another with some harm constituting a crime, who by
subsequent acts shows that he did not persist in the idea involved in the
threat.

Art. 286. Grave coercion (Malubhang pamimilit)– committed by any person who
without authority of law shall by means of violence, threats or intimidation,
prevent another from doing something not prohibited by law, or compels him to
do something against his will, whether it be right or wrong.

Elements of grave coercion:

1. A person is prevented from doing something not prohibited by law, or that he

is compelled to do something against his will whether it is right or wrong;
2. The prevention or compulsion is effected by violence, threats or intimidation;
3. The offender did the act has no authority of law or had no right to do so.

Art. 287. Light coercion- committed by any person who by means of violence,
shall seize anything belonging to his debtor for the purpose of applying the same
to the payment of debt. Any other coercion or unjust vexation is also punished.

Elements of light coercion:

1. The offender seizes anything belonging to his debtor

2. The offender must be the creditor of the offended party;
3. The seizure is done by means of violence or display of force producing
intimidation;
4. The purpose of the offender in doing the act is to apply the thing seized to the
payment of debt of the debtor.

34
Unjust vexation (di makatarungang paninikis)- any human conduct which,
although not productive of some physical or material harm, would unjustly annoy
or vex an innocent person.62

Q: What crime is committed by a man who would hold the breast of a woman?
A:

The common denominator between unjust vexation, slander by deed, and

acts of lasciviousness is irritation or annoyance. Without any other concurring
factor the offense would be merely unjust vexation. If in addition to annoyance,
there was attendant publicity and dishonor or contempt, the offense would be
slander by deed. If in addition to annoyance, there was present any of the
circumstances in article 355, the crime would be acts of lasciviousness.

Art. 288. Other similar coercions. (compulsory purchase of merchandise

and payment of wages by tokens) Committed by anyone who shall compel his
employee or laborers to purchase merchandise or commodities of any kind.
Also it is illegal for any person to pay the wage due to an employee by
means of token or objects other than legal tender.

TITLE 10
CRIMES AGAINST PROPERTY

Robbery, (Pagnanakaw) defined- is a crime committed by any person who, with

intent to gain, shall take the personal property belonging to another, by means of
violence against or intimidation of any person, or using force upon anything.

Asportation, defined- the carrying away or the felonious removal of goods.

Animus lucrandi- is intent to gain of the accused

Art. 294. Robbery with violence against or intimidation of persons-

1. Robbery with homicide; Robbery with rape; Robbery with

mutilation; Robbery with arson63
2. Robbery with Physical injuries
3. simple Robbery

Elements of robbery in general:

1. There is a personal property;

2. The personal property must belong to another;
62
In Baleros vs. People- the accused was sentenced to have committed the crime of unjust vexation instead
of attempted rape. In Ong Chiu Kwan vs. CA 345 SCRA 586 the accused was convicted of unjust
vexation after a finding that he ordered the cutting of the electric, water and telephone lines of
complainants business establishment on the flimsy reason that these lines crossed his property. He did not
have the necessary permit to do so. On top of this, he timed the interruption of these services during the
peak hours of the operation of business of the complainant
63
Homicides, murders, physical injuries regardless of numbers, committed on the occasion or by reason of
the robbery are merged in the composite crime of robbery with homicide. Remember: Whenever homicide
is committed as a consequence of or on the occasion of the robbery, all those who took part as principals in
the robbery will also be held guilty as principals in the special complex crime of robbery with homicide,
unless it is shown that they endeavored to prevent the homicide. In robbery with rape, the intent to take the
personal property of the offended party must precede the rape. In robbery with rape also, the additional
rapes, regardless of number committed by the same accused should not be considered as aggravating
circumstance- People vs. Regala 329 SCRA 707.

35
3. The offender took the property;
4. The taking was done with violence against or intimidation of person or by
using force upon things;
5. The taking must be done with intent to gain.

 When more than 3 armed malefactors take part in the commission of

robbery, it shall be deemed to have been committed by a band. Any
member of the band, who is present at the commission of robbery by the
band, shall be punished as principal of any of the assaults committed by
the band, unless it be shown that he attempted to prevent the same.

ROBBERY vs. GRAVE THREATS

1. In robbery, the intimidation is actual or immediate, in threats, intimidation

is conditional or future
2. In robbery, gain of the culprit is immediate, in threats, it is not immediate.

Q: A pointed his gun against B and asked for the latter’s money. What crime was
committed by A?
A: __________

Q: A sent a letter to B, demanding that if B would not give to A his money, then A
would kill B. What crime was committed by A?
A: __________

ROBBERY vs. GRAVE COERCION

1. In both, violence is used by the offender

2. In robbery there is intent to gain, such element is not found in coercion

Q: A pointed his gun on B demanding for the latter’s money. Because of fear, B
surrendered his money. What crime was committed by A?
A: __________

Q: A lost his cell phone. A week thereafter, he saw B using the very same cell
phone he lost a week before. A pointed a gun on B and demanded that unless B
returns the cell phone, then B would be killed. What crime was committed by A?
A: __________

ROBBERY vs. BRIBERY

1. It is robbery when the victim has not committed a crime and the victim is
intimidated with arrest to get his money or property, it is bribery when the
victim has committed a crime, and he gives money to avoid arrest.
2. In robbery, the lost of money is not voluntary, in bribery the money is lost
voluntarily.

Art. 299 Robbery in an inhabited house or public building or edifice devoted

to worship (robbery by the use of force upon things)

Art. 302. Robbery in an uninhabited place or in a private building.

Art. 304. Possession of picklocks or similar tools- committed by any person

who shall have in his possession or shall make picklocks or similar tools specially
adopted to the commission of the crime of robbery

36
Art. 306. Brigands (tulisan) - When more than three armed persons form a band
of robbers for the purpose of extortion or to obtain ransom or for any other
purpose to be attained by means of force and violence they shall be deemed to
be highway robbers or brigands.

 PD 532 amended Art. 306 it is no longer required that there be at least 4

armed persons forming a band of robbers. See People vs. Agomo 334
SCRA 279

Art. 308. Theft64 (Pang-uumit) - committed by any person who with intent to gain
but without violence against, or intimidation of persons nor force upon things,
shall take personal property of another without the latter’s consent.

Elements of theft:

1. There is a taking of personal property;

2. The property belongs to another;
3. The taking was done with intent to gain;
4. The taking is not done with the use of force upon things, or violence against or
intimidation of persons.

Art. 310. Qualified theft.- theft is qualified if committed by a domestic servant, or

with grave abuse of confidence, or if the stolen property is mail matter or coconut
taken from coconut plantation, or fish taken from fishpond or fishery, or if
property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity or civil disturbance65

Art. 311. Theft of the property of the national library and national museum

Art. 312. Occupation of real property or usurpation of real rights in

property.- committed by any person who by means of violence against or
intimidation of persons, shall take possession of any real property or shall usurp
any real rights in property belonging to another.

Art. 313. Altering boundaries or landmarks- committed by any person who

shall alter the boundary marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of the same

Art. 314. Fraudulent insolvency- committed by any person who shall abscond
with his property to the prejudice of his creditors
Elements of fraudulent insolvency:

1. The offender is a debtor;

2. He absconds with his property to the prejudice of his creditor.

Art. 315. Swindling (Estafa)

64
Theft is likewise committed by: a. Any person having found lost property shall fail to deliver the same to
the local authorities or its owner; b. any person after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by him; c. any person who shall
enter an enclosed estate or field where trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals or other forest or farm
products.
65
In People vs. Batton 55OG1388, the truck driver who sold the gasoline contents of his serviced truck to
another was found guilty of qualified theft. In People vs. Locson 67 Phil 325, the teller of a bank who had
in her possession cash deposits and appropriated it for herself was likewise held guilty of qualified theft.
But in People vs. Solis 64 OG 11261- the accused was held guilty of arson not qualified theft, it appearing
that he took the personal property with the ultimate purpose of burning it

37
ELEMENTS OF ESTAFA IN GENERAL

1. The accused defrauded another by means of deceit or abuse of

confidence;
2. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.

Estafa is committed by any person who shall defraud another by any of the
following means:

1. With unfaithfulness or abuse of confidence:

a. By altering the substance, quantity, or quality of anything of value

which the offender shall deliver by virtue of an obligation to do so,
even though such obligation be based on an immoral or illegal
consideration;
b. By misappropriating or converting, to the prejudice of another,
money, goods, or other personal property, received by the offender
in trust66, or on commission, or for administration, or under any
other obligation involving the duty to make delivery of, or to return
the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money,
goods, or other property;67
c. By taking undue advantage of the signature of the offended party in
blank, and by writing any document above such signature in blank,
to the prejudice of the offended party or any third person. 68

2. By means of false pretense or fraudulent acts (by means of deceit)

a. By using fictitious names, or falsely pretending to possess power,

influence, qualifications, property, credit, agency, business or imaginary
transactions, or by means of similar deceits69.
b. By altering the quality, fineness, or weight of anything pertaining to his art
or business;
c. By pretending to have bribed any government employee.
d. By postdating a check, or issuing a check in payment of an obligation
when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check. The failure
of the drawer of the check to deposit the amount necessary to cover his
check within 3 days from receipt of the notice from the bank and or the

66
See PD 115, The Trust Receipt Law, where the offender may also be held liable with.
67
Here demand is necessary, although it may become unnecessary if and when there is evidence there is
evidence of misappropriation of the goods by the defendant. If a firearm illegally possessed by another or
unlawfully used by a criminal was confiscated by the police, what crime does he commit if he
misappropriates the confiscated firearm? Answer: Malversation. But if it is not used in a crime or is not
illegally possessed and the policeman took it then the crime is Estafa.
68
Here the paper, with the signature in blank must be delivered by the offended party to the offender
because if not the element of abuse of confidence can hardly be proven. But the offense may come under
Falsification by attributing to another that he had participated in an act or proceeding when in truth and in
fact he did not so participate.
69
What crime is committed by another who shall steal another person’s passbook and after doing so, shall
forge the signature of the depositor enabling him to withdraw the amount represented by the passbook
account? The crime committed is the complex crime of Estafa through Falsification of Commercial or
Official Document. How about if a person forges a sweepstakes ticket to make it appear that it has the
winning combination and he was able to encash the sweepstakes ticket. The crime is Estafa through
Forgery (Falsification). What crime is committed by one who shall steal the pawnshop ticket of another
and after doing so shall present the same to the pawnshop and thus enabling him to redeem the property
pawned? The crime committed is Estafa through theft

38
 payee/holder that said check has been dishonored shall be prima facie
evidence of deceit constituting false pretenses or fraudulent act. 70
e. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house or apartment house and the
like without paying therefore, with intent to defraud, or by obtaining credit
therein by the use of false pretense, or by abandoning or surreptitiously
removing any part of his baggage therein after obtaining credit,
refreshment, accommodation therein without paying therefrom

3. Through any of the following fraudulent means: (By means of deceit)

a. By inducing another through deceit, to sign any document;

b. By resorting to some fraudulent practice to insure success in a gambling
game;
c. By removing, concealing or destroying, any court record, office files,
document or any other papers.

Art. 316. Other forms of swindling-

Art. 317. Swindling a minor- committed by any person who shall take
advantage of the inexperience, or emotions or feelings of a minor to his detriment

Art. 318. Other deceits- committed by any person who for profit or gain, shall
interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity
of the public71

Art. 319. Removal, sale, or pledge of mortgaged property.-committed by any

person who:

1. Shall knowingly remove any personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the one in which it was located
at the time of the execution of the mortgage, without the written consent of the
mortgagee or his executors or assigns.
2. Being a mortgagor shall pledge or sell personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and noted on the
record thereof in the office of the register of deeds of the province where such
property is located.

Note: Arts. 320-326 deemed modified or amended by PD 1613

Art. 327. Malicious mischief (Sadyang pamiminsala) - committed by any person

who shall deliberately cause to the property of another damage not falling within
the terms of the preceding chapter.72
Art. 316. Other forms of swindling: committed by any person who:

1. Pretending to be the owner of any real property, shall sell, encumber, or

mortgage it;
2. Knowing that a real property is encumbered shall dispose of the same,
although the encumbrance is not recorded;

70
See Also BP 22 The Anti Bouncing Checks Law.
71
In Guinhawa vs. People Aug. 25, 2005 , selling a used car as brand new car was constitutive of other
deceits punished by Article 318 of the RPC
72
Art. 327 itself does not provide for a penalty for malicious mischief. Malicious mischief-may also be
defined as the willful damaging of another’s property for the sake of causing damage due to hate, revenge
or other evil motive.

39
3. The owner of a personal property who shall wrongfully take it from the lawful
possessor, to the prejudice of the latter or any third person;
4. Any person to the prejudice of another shall execute a fictitious contract;
5. Any person who shall accept any compensation under the belief that it was in
payment of services or labor performed by him, when in fact, he did not actually
perform such services or labor.

Art. 317. Swindling a minor- committed by any person who shall take
advantage of the inexperience and emotions of a minor by inducing him to
assume any obligation or to give any release or execute any transfer of any
property right in consideration of some loan of money credit, or other personal
property to the detriment of the minor.

Art. 318. Other deceits- committed by any person who shall defraud or damage
another by any other deceit not mentioned in the preceding article.

It is also committed by any person who for profit or gain shall interpret
dreams, make forecast or fortunes, or take advantage of the credulity of the
public in any other similar manner.

Art. 320. Destructive arson- committed by any person who shall burn:

1. One or more building or edifices;

2. Any building of private or public ownership;
3. Any train, ship or vessel, airship or airplane;
4. Any building, factory, warehouse installation which are devoted to the service
of public utilities;
5. Any building the burning of which is for concealing or destroying evidence of
another violation of law, or concealing bankruptcy or defrauding creditors or to
collect from insurance.
6. Any arsenal, shipyard, military powder or fireworks factory or museum of the
government;
7. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.

See PD 1613- The Law Amending The Law on Arson under the RPC.

Sec. 2- Destructive arson- 73

Special aggravating circumstance in arson:

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or the
occupant;
4. If committed by a syndicate74

* There is no crime of arson with homicide/murder. Section 5 PD 1613 says, “If

by reason or on the occasion of arson death results the penalty is Reclusion
Perpetua to Death.”

Prima Facie Evidence of Arson:

1. If the fire started simuleneously in more than one part of the building;
73
Similar to Article 320 with a slight difference in enumeration. See also Section 3. The other cases of
arson.
74
The arson is committed by a syndicate if it is planned or carried out by a group of three or more persons.

40
2. If substantial amount of flammable substances or materials are stored within
the building not necessary, in the business of the offender;
3/ If gasoline, petroleum, or other flammable or combustible substances or
materials soaked therewith or mechanical or electrical contrivance designed to
start a fire or ashes or traces thereof are found in the ruins of the premises;
4. If the building or property is insured for substantially more that its actual value;
5. If during the lifetime of the insurance policy more than two fires have occurred
in the same or other premises owner or controlled of the offender;
6. If shortly before the fire, substantial portion of the effects insured and stored in
a building had been withdrawn from the premises;
7. If demand for money was made in exchange for the desistance of the
offender.

Note: Section 7 of PD 1613 punishes the mere conspiracy to commit arson.

Elements of malicious mischief:

1. The offender caused damage to the property of the offended party;

2. It was done deliberately;
3. Such act does not constitute arson or other crimes involving destruction;
4. The act was committed merely for the sake of damaging the property.

Art. 328. Special cases of malicious mischief (qualified malicious mischief)

Special cases of malicious mischief include:

1. Causing damage to obstruct the performance of public functions;

2. Using any poisonous or corrosive substances;
3. Spreading infection or contagion among cattle;
4. Causing damage to the property of the national museum or library, or to any
road, promenade or any other thing used in common by the public

Art. 330. Damage and obstruction to means of communication- committed by

any person who shall damage any railway, telegraph or telephone lines.

Art. 331. Destroying or damaging statues, public monuments, or paintings

Art. 332. Persons exempt from criminal liability.

1. Spouses, ascendants and descendants, or relatives by affinity in the same

line;
2. The widowed spouse with respect to the property which belonged to the
deceased spouse before it passed to the possession of another;
3. Brothers and sisters and brothers in law and sisters in law, if living together.

Crimes involved in the exemption are:

1. Theft
2. Swindling or Estafa
3. Malicious mischief

TITLE XI
CRIMES AGAINST CHASTITY

Art. 333. Adultery- committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal
knowledge of her, knowing her to be married.

41
Elements of adultery:

1. The offender is a married woman75;

2. She has sexual intercourse with a man not her husband;
3. As to the man whom she had sexual intercourse with, he must know her to be
married.

Case: Alejandro Estrada vs. Soledad Escritor June 20, 2006 76

Art. 334. Concubinage (Pambabae)- committed by a husband who shall keep a

mistress in the conjugal dwelling, or, shall have sexual intercourse under
scandalous circumstances with a woman not his wife, or shall cohabit with her in
any other place.

Elements of concubinage:

1. The offender (man) must be married;

2. He committed any of the following:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances with a woman
not his wife.
c. Cohabiting with her in any other place.
3. As regards the woman offender (concubine) she must know him to be
married.

Art. 336. Acts of lasciviousness (Mga aktang malalaswa) - committed by any

person who shall commit any act of lasciviousness upon other persons of either
sex, under the circumstances mentioned in the crime of rape.

Elements of acts of lasciviousness:

75
In Pilapil vs. Ibay Somera 174 SCRA 656, Imelda Pilapil a Filipina, was married to a German national.
Later, the German national sued for divorce in his native Germany. The German court granted the divorce
petition. It was alleged by the German national that even during his cohabitation with the Filipina wife, the
latter was already having an affair with another man. The German sued Imelda for adultery allegedly
committed during the time of their marriage. The Supreme Court of the Philippines ruled that the German
national already lost his right to file the case, on the ground that the status of the complainant versus the
accused must be determined as of the time of the filing of the complaint. Thus, the person who initiates the
adultery case must be an offended spouse, and by this is meant that he is still married to the accused
spouse, at the time of the filing of the compliant.
76
A complaint for “disgraceful and immoral conduct” was filed against Escritur, a court interpreter for
living with a man not her husband, and having borne a child within this live-in arrangement. Escritur
admitted that she is now a widow and living with somebody without the benefit of marriage for more than
20 years and this has taken place even before her husband had died. But she said that as a member of
Jejovah’s Witnesses their arrangement is in conformity with their religious beliefs and has the approval of
the congregation. In fact they have already executed a “Declaration of Pledging Faithfulness”. The
Supreme Court exempted her from punishment based on her fundamental right to freedom of religion. The
SC recognizes that state interests must be upheld in order that freedoms- may be enjoyed. In the area of
religious exercise as a preferred freedom, man stands accountable to an authority higher than the state, and
so the interest sought to be upheld must be so compelling that its violation will erode the very basic fabric
of the state that will also protect the freedom. In the absence of a showing that such state interest exists,
man must be allowed to subscribe to the Infinite.

42
1. The offender is either sex who commits any act of lasciviousness or
lewdness.
2. It is done under any of the following circumstances:
a. Using force or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. When the offended party is a person of either sex

Art. 337. Qualified seduction (Kwalipikadong panghihibo)- committed by any

person in public authority, or priest, home servant, domestic guardian, teacher, or
any person who, in any capacity, shall be entrusted with the education or
custody of a virgin over 12 but under 18 years of age who shall have carnal
knowledge with her.
It may also be committed by a brother or an ascendant, whether or not
the woman is a virgin or over 18 years old.

Seduction, defined- it is enticing a woman to unlawful sexual intercourse by

promise of marriage or other means of use or persuasion.

Elements of Qualified Seduction:

1. The woman is a virgin

2. She is 12-18 years of age
3. The offender had sex with her
4. There is abuse of authority, relationship or confidence.

Virginity- the condition of a female who has not experience sex.

Dumb Law From the Net

Defloration- rupture of the hymen as a result of sexual intercourse

KINDS OF VIRGINITY

1. Moral virginity- the state of not knowing the nature of sexual life and not
having experience sexual relations.
2. Physical virginity- a state where a woman is aware of sexual life but has
not experienced sexual intercourse
3. Demi virgin- woman who permits any form of sexual liberties as long as
the partner abstain from rupturing her hymen
4. Virgo intacta.- a woman who has had previous sex but had not given
birth.

Art. 338. Simple seduction (Payak na panghihibo)- committed by seducing a

woman who is single or a widow of good reputation, over 12 but under 18 years
old, committed by means of deceit.77

ELEMENTS OF SIMPLE SEDUCTION

1. Offended party is under 12-18 years of age

2. She is of good reputation, single, widow
3. Offender had sexual intercourse with the offended woman
4. There is deceit

77
Deceit generally takes in the form of promise of marriage

43
Art. 339. Acts of lasciviousness with the consent of the offended party-
committed by the same persons and under the same circumstances as those
provided in article 337 and 338.

ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH CONSENT OF

OFFENDED PARTY

1. The offender commits acts of lewdness

2. The victim is a woman who is:
d. virgin
e. single or widow
f. of good reputation
g. 12-18 years of age

3. the offender used abuse of authority, confidence, relationship, or

deceit.

Art. 340. Corruption of minors- committed by any person who shall promote or
facilitate the prostitution or corruption of persons under age to satisfy the lust of
another.

Art. 341. White slave trade (Pagbili ng laman)- committed by any person who, in
any manner, or under any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the purpose of prostitution.

Art. 342. Forcible abduction (Pagpilit na pag-agaw sa babae)- the abduction of

any woman against her will and with lewd designs.

Abduction, defined- taking away of a woman for the purpose of marrying or

corrupting her.

ELEMENTS OF FORCIBLE ABDUCTION

1. The victim is any woman of any age or civil status or reputation

2. the abduction is against her will
3. The abduction is with lewd design78

Art. 343. Consented abduction (Sinangayunang pag-agaw sa babae) - the

abduction of a virgin over 12 and under 18 years of age, carried out with her
consent and with lewd design.

Elements of consented abduction:

1. The offended party must be a virgin.

2. She must be over 12 and under 18 years of age;
3. Her taking away must be with her consent, normally after solicitation or
cajolery from the accused.
4. The taking away of the woman must be with lewd design.

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness

Summary of the Rules in article 344:

1. Both of the offenders must be included in the prosecution if both are alive.
78
Lewd design may be defined as the intention to abuse a woman. If the main purpose in abducting a
woman is simply to rape her, the crime committed is “rape” not forcible abduction with rape.

44
2. Private crimes such as seduction, abduction, acts of lasciviousness, shall not
be prosecuted except upon complaint of the following in the order:

a. offended party;
b. her parents;
c. grandparents
d. guardian (Note: Effect of pardon)

3. Marriage in cases of seduction, abduction and acts of lasciviousness shall

extinguish the criminal action or remit the penalty. It shall be applicable to co
principals, accomplices, and accessories after the fact.

Art. 345. Civil liability of persons guilty of rape, seduction or abduction:

h. To indemnify the offended woman

i. To acknowledge the offspring, unless the law should prevent him
from so doing
j. In every case to support the offspring

TITLE 12
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Art. 347. Simulation of births, substitution of one child for another, and
concealment or abandonment of a legitimate child (Pagpapanggap sa
pagkapanganak, ang pagpapalit ng isang bata ng iba at pagtatago o pag-
abandona sa isang lehitimong bata.

Art. 348. Usurpation of civil status (Pag-angkin ng estado sibil) - committed by

any person who shall usurp the civil status of another.

Art. 349. Bigamy- committed by any person who shall contract a second or
subsequent marriage before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively dead.

Elements of bigamy:

1. The offender is legally married79 to another;

2. The marriage has not been legally dissolved, in case the other spouse is
absent, the absentee could not be presumed dead yet and there is no judicial
declaration to that effect yet;
3. The offender contracts a second or subsequent marriage;
4. The second or subsequent marriage must have all the essential requisites for
validity.

* PD 1083 Muslim Law on Family Relations

79
In Morigo vs. People 422 SCRA 377, Lucio Morigo and Lucia Barrete were a married couple. Later
Lucio Morigo married a second woman. Lucia filed a case of bigamy against Lucio. The Supreme Court
acquitted Lucio of the charge of bigamy on the ground that it was convinced that there was no actual
marriage ceremeony performed between Lucio and Lucia by a solemnizing officer. Instead what transpired
was a mere signing of the marriage contract by the two, without the presence of a solemnizing officer.
Thus, the marriage is void ab initio in accordance with Aricles 3 and 4 of the Family Code. The first
element of bigamy requires that the accused must have been legally married. But in this case, Lucio was
never married to Lucia.

45
Art. 350. Marriage contracted against provisions of law.-committed by any
person who shall contract marriage knowing that the requirements of the law
have not been complied with or that the marriage is in disregard of legal
impediment.

Elements of marriage contracted against provisions of the law:

1. The offender contracted a marriage;

2. At the time of the marriage he knew that the requirements of the law were not
complied with or the marriage was in disregard of a legal impediment.

Art. 351. Premature marriage (Pagpapakasal ng di pa panahon)- committed by

any widow who shall marry within 301 days from the date of the death of her
husband, or before having delivered if she shall have been pregnant at the time
of his death.
It is also committed by a woman whose
marriage has been annulled or dissolved, if she shall marry before her delivery or
before the expiration of 301 days after the legal separation

TITLE 13
CRIMES AGAINST HONOR

Q: What is libel80?
A: Libel is a public and malicious imputation of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead81

Elements of libel (defamation)82

1. There is an imputation of a crime, a vice, defect, real or imaginary, or any act,

omission, circumstance, status or condition;

For imputation to be libelous, the following are the requisites:

a. it must be defamatory;
b. it must be malicious;
c. it must have been given publicity
d. the victim must be identifiable.83
80
In Brillante vs. CA 474 SCRA 480- the SC found Brillante guilty as charged of libel, but by virtue of his
peculiar circumstance, the penalty of imprisonment was deleted. He was only made to pay a certain amount
of fine. (Is this judicial legislation?)
81
In People vs. Scheneckenburger cited in Diego v. Castillo, the accused who secured a foreign divorce,
and later remarried in the Philippines, in the belief that the foreign divorce was valid, was held liable for
bigamy
82
Calumny
83
In Ogie Diaz vs. People of the Philippines 25 May 2007, the accused a showbiz columnist wrote the
following article in a newspaper known as “bandera”: Inamin ni Henson na limang beses na niyang
ginalaw si Ms. S. Pero hindi ko pinasok ang akin sa ano niya dahil siya rin ang may ayaw. Ang sabi niya
kasi sa akin, isa siyang malinis na babae at hindi siya basta basta nagpapaganuon. So ang ginawa
naming, ipit method. The private complainant claimed that she was the Miss. S. alluded to in the column
considering that her screen name is Patricia Santillan. She sued Diaz for libel. The Supreme Court acquitted
Diaz on the ground that in the suit for libel, it is essential that the victim be identifiable, although it is not
necessary that the victim be named. The article fails to show that Miss S. and Florinda Santillan are one and
the same person. In MVRS Publications, Inc. vs. Islamic Da’ wah Council of the Philippines 396 SCRA
216. the latter sued the former for libel for having published an article containing the following: Alam ba
ninyo na ang mga baboy at kahit anung uri ng hayop sa Mindanao ay hindi kinakain ng mga Muslim.
Para sa kanila ang mga ito ay sagradong bagay. Hindi nila ito kailangang kainin kahit na sila pa ay
magutom at mawalan ng ulam. Ginagawa nila itong dios at sinasamba pa sa kanilang araw ng pangingilin
lalung lalu na sa araw ng Ramadan” The SC acquitted the accused on the groung that the statement

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2. The imputation is done publicly;
3. It must be malicious;
4. The imputation is directed against a natural or juridical person, or one who is
dead;
5. The imputation tends to cause the dishonor, discredit or contempt of the
person defamed.

See: MVRS Publications vs. Islamic Da’wah Council of the Philippines 396
SCRA 210

Multiple Publication Rule- a single defamatory statement, if published several

times, gives rise to as many offenses as there are publications.

Art. 358. Slander (Pagmumura) - oral defamation84

Two kinds of oral defamation:

1. Simple slander or oral defamation;

2. Grave slander or grave oral defamation.

Art. 359. Slander by deed85(Paninirang puring kilos)- committed by any person

who shall perform any act not included in title 13, which shall cast dishonor,
discredit, or contempt upon another person 86

Elements of slander by deed:

1. The offended performed any act not included in any other crime against
honor;
2. The act is performed in the presence of other person/s;
3. The act casts dishonor, discredit or contempt upon the offended party.

Art. 360. Persons responsible (venue)

Art. 361. Proof of truth- in prosecutions for libel proof of truth may be given in
evidence and if it appears that the matter charged as libelous is true and that it
was published with good motives and for justifiable ends, the defendant shall be
acquitted.

Proof of the truth of an imputation of an act or omission not constituting a

crime shall not be admitted, unless the imputation shall be made against the
government employee with respect to facts related to the discharge of their
duties.

published did not specifically identify nor refer to any particular individual who were purportedly the
subject of the alleged libelous publication. But in Buatis vs. People 485 SCRA 278, the SC affirmed the
conviction of the accused after he sent an open letter to the complainant calling the latter: Lousy, inutile,
carabao English etc.
It was found out that the letter was dictated by the accused to his secretary, copy furnished all concerned
and was put inside the mail box without any envelope, thus open to the public. The victim was also
identifiable as the letter was addressed to the complainant himself. (SC however deleted the penalty of
imprisonment and imposed a fine of six thousand pesos only)
84
Slander is libel committed by oral means, instead of in writing
85
Slander by deed may also be defined as a crime against honor which is committed by performing any act
which casts dishonor, discredit, or contempt upon another person.
86
In Villanueva vs. People 487 SCRA 42, the SC ruled that pointing a dirty finger ordinarily connotes the
phrase “Fuck You” which is similar to “Putang-Ina mo”. It was held to be a case of simple slander by deed
where the penalty of arresto menor was imposed.

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Art. 363. Incriminating innocent person (Pagpaparatang ng krimen sa mga
walang kasalanang tao)- committed by any person who by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime87

Art. 364. Intriguing against honor (Panunudyo laban sa karangalan) -

committed by any person who shall cast intrigue which has for its principal
purpose to blemish the honor or reputation of a person.

TITLE 14
QUASI OFFENSES

ART. 365. Imprudence and negligence.88

Reckless imprudence, defined- consists in voluntarily, but without malice, doing

or failing to do an act from which material damage results by reason of
inexcusable lack of precaution of the person performing or failing to perform such
act, taking into consideration his employment or occupation, degree of
intelligence, physical condition and other circumstances regarding persons, time
and place.
Simple imprudence defined- consists in the lack of precaution displayed in
those cases in which the damage impending to be caused is not immediate nor
the danger clearly manifest.

Last Clear Chance Doctrine- a doctrine which says that the contributory
negligence of one party injured, will not prevent his case against another who by
the exercise of reasonable care, could have avoided the accident.

Right of Way- a rule which determines precedence between two motor vehicles
approaching an intersection, the right of way being given to the MV on the right
Otherwise stated, when two MV approach an intersection at approximately the
same time, the MV on the left should yield to the MV on the right.

Art. 366. Application of laws enacted prior to this Code.

 This article exemplifies the prospective provision or irretrospectivity

character of the RPC

Art. 367. Repealing clause

* Article 367 is the last article of the RPC

Compiled by: Makamasa A. Gapit

Philippine College of Criminology
University of Perpetual Help Dalta Las Piñas

Inamorato Of: Emma Lee Bunton

St. Theresa’s Primary School
87
As an element of incriminatory machination, the act must not constitute perjury.
88
The correct caption of a criminal information involving article 365 should read: Reckless imprudence
resulting in Homicide and not Homicide thru Reckless Imprudence which is somehow inaccurate and
misleading. In US vs. Villanueva 31 PHIL. 412, Villanueva out of curiosity attempted to grab the bolo
unsheath from the scabbard of the complainant. This alerted the complaint who instinctively caught at the
bolo to retain it and in so catching it in his right hand, the said bolo wounded him across the palm of his
hand. The complainant sued Villanueva for the injury. The SC acquitted Villanueva, because he did not
wound , strike or assault the complainant, it appearing that the wounded complainant wounded himself.

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Sylvia Young Theater School Marylebone

Reference and Suggested Readings:

Luis B. Reyes, Revised Penal Code

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