THE AWESOME NOTES 1 of 205

CRIMINAL LAW
BOOK II

ELEMENTS OF TREASON
TITLE ONE 1. offender is a Filipino citizen or an alien
CRIME AGAINST NATIONAL residing in the Philippines
2. there is war in which the Philippines is
SECURITY AND THE LAW involved
OF NATIONS 3. the offender is either:

CRIMES AGAINST NATIONAL SECURITY
1. treason
2. conspiracy and proposal to commit treason
3. misprision if treason
• levies war against the Govt; or
• adheres to the enemies, by giving them
aid or comfort
TREASON; defined
breach of allegiance to a govt,
committed by a person who owes

4. espionage

CRIMES AGAINST THE LAW OF NATIONS

allegiance to it.

NATURE OF THE CRIME

1. inciting to war or giving motives for reprisal a violation of allegiance to the offender's
2. violation of neutrality
3. correspondence with hostile country
4. flight to enemy's country

sovereign or to the supreme authority

HOW CITIZENSHIP OF THE OFFENDER IS

5. piracy in general and mutiny on high seas
or in Philippine waters
PROVED
1. his prison record, which sets out his
personal circumstances properly identified;
or
2. testimony of witnesses, who know him to
have been born in the Phil by Filipino

CRIMES AGAINST NATIONAL parents.

LAW OF TREASON; is of anglo-american

SECURITY origin

HENCE; American jurisprudence applies

ALLEGIANCE; defined
obligation of fidelity and obedience which the
TREASON individuals owes
• to the gov't under which they live or
• to their sovereign,
ART. 114 in return for the protection they
any Filipino Citizen who
• levies war against the Philippines; or
• adheres to her enemies,
receive.

ALLEGIANCE IS EITHER
= giving them aid or comfort within the

Philippines or elsewhere
PERMANENT ALLEGIANCE
punishable by:
• RP to death; and
- allegiance of a citizen.

TEMPORARY ALLEGIANCE
• shall pay a fine not to exceed 100k

no person shall be convicted of treason

- allegiance of a resident

UNLESS: on the ESSENTIAL: that the Philippines is at war

• testimony of 2 witnesses at least on the NO TREASON
same overt act; or

- in time of peace

• on confession of the accused in open court

likewise, alien residing in the Philippines,

HENCE: while a treasonable acs may
be committed in time of peace, but
who commits acts of treason as there can be no traitors until war has

defined in par. 1

started

HENCE: treason is essentially a war

punishable by:
• RT to death; and

crime

• shall pay a fine not exceeding 100k
PURPOSE WHY THIS ACT IS

PUNISHABLE
AS a measure of self-defense and self-

preservation.

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 THE AWESOME NOTES 2 of 205
CRIMINAL LAW
BOOK II

2 WAYS OF COMMITTING TREASON THE WAR MUST BE DIRECTED AGAINST

1. by levying war against the Govt THE GOVT
2. by adhering to the enemies of the THERE MUST BE

Philippines, giving them aid or comfort

- an intent to overthrow the government,

BY LEVYING WAR AGAINST THE GOV'T

ELEMENTS
and not merely to resist a particular
statute to repeal a particular officer.
ie: rise publicly, in time of war, to inflict
1. there be an actual assembling of men an act of hate or revenge upon the
2. for the purpose of executing a treasonable
design by force

person of a public officer

BY ADHERING TO THE ENEMY, GIVING

ADDED REQ:
1. it must be directed against the
THEM AID OR COMFORT

ELEMENT
govt
2. purpose of treasonable act, is to • adherence and giving aid or comfort must
deliver the country in whole or in
oart to the enemy (as a
concur together

HENCE: not treason

distinguishing factor from
Rebellion)
3. must be in collaboration with a
foreign enemy (otherwise, merely
civil uprising, punishable as crime
of Rebellion)
• adherence alone or mere emotional
or intellectual attachment without
giving aid or comfort.
• sale of materials to enemy, when
though it may be used for purposes

T H E R E M U S T B E A N A C U TA L
of conducting war (thus amounting
to giving aid or comfort), but no
evidence of intention to betray

ASSEMBLING OF MEN

the body of men be actually assembled (adherence)

for the purpose of Example: when both are present:

effecting by force a treasonable • giving information

design.
• commandeering foodstuffs

• must be made after the declaration of war,

HENCE; this constitute levying war
- an organized attempt on part of and the enemies must be the subject of
persons joined together in a band to foreign power.
overthrow and destroy the established • it must be intentional, and not thru

govt
negligence

HENCE: this does not constitute

levying war
DEFINITION

ADHERENCE TO THE ENEMY

- mere enlistment or acceptance of a
commission, is not an overt act of when a citizen
• intellectually and emotionally favors

treason.

NOTE: not required

the enemy; and
• harbors sympathies and convictions
that there be an apparent power to disloyal to his country's policy or
succeed
interest

- kahit futile attempt, pwede.

WHO ARE LIABLE; TRAITORS

AID OR COMFORT
act which
• strengthen or tend to strengthen the
• all those who perform any part, enemy in the conduct of war against
however minute or however the traitor's country; and
remote from the scene of
• which weakens or tend weaken the
action; and power of the traitor's country to
• actually in leagued in the general

conspiracy
resist or attack the enemy.

THIS MUST BE MADE

by deed or physical activity
- NOT by mere mental
operation

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EXTENT OF AID OR COMFORT

WOULD DEPEND ON
PSYCHOLOGICAL COMFORT; pwede
a knowledge in part of the enemy that he had
in his side nationals of the country with which

- their nature, degree and purpose

GEN RULE:

he was at war.

ie, being a makapili member; amounts

to be treasonable,
- the extent of the aid and comfort given to the
enemies must be
• to render assistance to them as enemies
• and not merely as individuals; and
- be directed in furtherance of the enemies'
to giving aid or comfort as
• he advanced the cause of the
enemy
• the enemy's forces is augmented
• enemy's courage was enhanced by
knowledge that he could count on

hostile design

HENCE; if given to an enemy as a

men such as the accused, who is
ready to strike at his own people.

token of friendship or as an act of NOTE: guerrilla warfare may be unlawful;

charity,
- does not amount to giving aid or
comfort to enemy. as it is given to an
individual and not to the enemy as a
body.
THE ACT COMMITTED NEED NOT
ACTUALLY STRENGTHEN THE ENEMY
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
but it should not be suppressed
as, even though unlawful from the standpoint
of the conqueror, it cannot be regarded by
those who, by natural right, are trying to drive
him out of their invaded territory.

IS THERE A COMPLEX CRIME OF

ENOUGH NA: tend to strengthen, no matter TREASON WITH MURDER, PHYSICAL

how futile it is

THE AID OR COMFORT MUST BE FOR OR

INJURIES, OTHER COMMON CRIMES?

NO: they are deemed inherit in the

TEND TO STRENGTHEN THE ENEMY AND crime of treason characterized by

WEAKEN THE TRAITOR'S COUNTRY

HENCE; does not amount to giving aid or

giving aid or comfort.
- hence; cannot be complexed with
treason, nor constitute as a separate
comfort
- commandeering of women to satisfy the lust
of the enemy

offense from treason.

HOWEVER:
as it neither strengthen the enemy nor this does not preclude the prosecutor

weaken the traitor's country

SPECIFIC ACTS OF GIVING AID OR

to prosecute instead the accused for
the common crime committed,
instead of the crime of
COMFORT
1. serving as an informer
2. as agent or spy
treason.

3. finger woman :D (mangtuturo)

4. active part in killing of civilians by the

TREASON; where it must be committed

for Filipino Citizens

enemy, by personally tying the hands of the
victims.
5. accepting appointment from the enemy,

- punishable even committed outside

for Aliens, resident or not

position which is highly responsible position - punishable only if committed in the
and also policy-determining (but not; when
it is mere governmental work, clerical,
ministerial, mechanical, also, member of

Phil

TREASON IS A CONTINUOUS OFFENSE

the law enforcement) (yung last part, it is it may be committed by one singe act or by a
only for promotion and preservation of law series or several series of acts, not only in a
and order' which is essential during war to single time, but in different time.
the life of civilian population. EXE: active - all overt acts of the accused is treated as a
participation with the enemies in the single offense
apprehension of guerrillas and infliction of
ill-treatments. EXE TO EXE: when arrested
during the commission of a common crime.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ie. theft)







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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
HOW TREASON IS PROVED
no person shall be convicted of treason
UNLESS: on the
• testimony of 2 witnesses at least on the
same overt act; or
• on confession of the accused in open court
cannot be proved by
• circumstantial evidence, no matter
how strong
• extrajudicial confession of the
accused
TWO-WITNESS RULE
testimony of 2 witnesses at least on the same
overt act.
HENCE: 2 WITNESS RULE APPLIES ONLY
in proving overt of giving aid or comfort
- NOT adherence (mental process kasi to, not
susceptible of proof by direct testimony)
SAME OVERT ACT
the testimony of the 2 witnesses must adhere
- to each and every one of all the external
manifestation of the overt act
REQ: the testimony must be on the
same overt act (same act, place and
moment of time)
- but corroboration is not essential.
sufficient na that the witnesses
testimonies are uniform in the overt act
- note: while treason is a continuous
crime, the contention that 2 witness
rule will not apply to prove each
circumstance, as what is needed to be
proven is the treasonable act as a
whole, will not apply. the singleness of
purpose is not enough to make one of
2 acts.
NOT REQ: that the testimonies must
be identical. sufficient na that it is
directed to the same overt act of giving
aid or comfort.
- pwedeng nakita ni A yung pag bario,
at nakita ni B na tumatakbo si accused
hawakhawak yung smoking gun.
- pwedeng, naringig ni A na kinausap
ni defendant yung kapatid nung victim
inquiring kung nasa bahay yung victim,
at si B narinig yung response nung
kapatid na they should wait kasi
nalikigo yung kapatid nya. the
testimony is uniform with regard to the
facts leading to the arrest of a guerilla
member...
as the 2 witness rule is not
affected by discrepancies of
minor detail.
accused.
4 of 205
2 W I T N E S S R U L E ; S E V E R E LY
RESTRICTIVE
as it requires that each of the witnesses must
testify to the whole overt act; or if it is
separable, there must be 2 witnesses to each
part of the overt act.
IMPLICATION OF 2 WITNESS RULE
- if only one of the 2 witnesses is believed by
the court; acquittal
RATION OF 2 WITNESS RULE
in order to avoid miscarriage of justice
the extreme seriousness of the crime,
for which death is one of the penalties
provided by law, and the fact that the
crime is committed on abnormal
circumstances.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ADHERENCE MAY BE PROVED BY
1. one witness
2. from the nature of the act itself; or
3. from the circumstances surrounding the act
AGGRAVATING CIRCUMSTANCES IN
TREASON
1. cruelty; subjecting the victims to barbarous
forms of torture before putting them to
death
2. ignominy
ie. cruelty and ignominy
- rape, wanton robbery for personal
gain and brutality.
NOTE:
• treachery is absorbed by superior
strength, in which both or the latter
is inherent to treason.
• evident premeditation is also
inherent to treason,
- as giving aid or comfort requires a
reflective and persistent determination
and planning
IN DETERMINATION OF PENALTY IN CRIME
OF TREASON; ART. 64 DOES NOT APPLY
ART. 64
when there are no mitigating and aggravating
circumstances,the divisible penalty in the
medium period.
RATION
aggravating and mitigating circumstances of
the offense does not determine the period of
penalty;
rather: the amount or degree of aid or
comfort given the enemy, as well as
the gravity of the separate and distinct
acts of treason committed by the


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 THE AWESOME NOTES 5 of 205
CRIMINAL LAW
BOOK II

FF DEFENSE ARE NOT TENABLE AGAINST

THE CRIME OF TREASON

• SUSPENDED ALLEGIANCE AND

CONSPIRACY AND PROPOSAL
TO COMMIT TREASON

CHANGE OF SOVEREIGNTY

RATION ART. 115

1. citizen owes an absolute and
permanent allegiance to the govt
2. sovereignty of the govt is not
transferred to the enemy by mere
occupation
3. the subsistence of the sovereignty
of the legitimate govt in a territory
the conspiracy and proposal to commit the
crime of treason shall be punishable by
• PM and fine not exceeding 10k ; and
• PC and fine not exceeding 5k
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CONSPIRACY TO PROPOSAL TO
occupied by the military forces of
COMMIT TREASON COMMIT TREASON
the enemy during the war is one of
the rules of International Law
how committed
4. what is suspended is the exercise

of right of sovereignty
in time of war, in time of war

• OBEDIENCE TO DE FACTO GOVT

• CITIZENSHIP BY JOINIG THE ARMY

> 2 or more persons
come
agreement to
to an
> a person has
decided to
- levy war against
OF THE ENEMY - levy war against the govt; or
- as citizenship cannot be divested by the govt; or - to adhere to the
simple expedient of accepting a - to adhere to the enemies, by giving
commission in the military.
- he cannot be protected by an act
which constitute the very crime of
enemies, by giving

them aid or comfort
them aid or comfort

> AND proposes its

treason > AND decide to
commit it
execution to some
other person/s
• DURESS AND UNCONTROLLABLE
FEAR

AS AN EXE TO THE RULE

- exe: fear of immediate death
that mere conspiracy or proposal alone is not
NOT: inferior physical injury or
apprehension or outrage upon

punishable as a crime.

RATION WHY MADE PUNISHABLE

property.

as the very existence of the state is

endangered

2 WITNESS RULE: does not apply here

- as; this is a separate and distinct offense
from treason.

MISPRISION OF TREASON

ART. 116
Every person owing allegiance to (the United
States) the Government of the Philippine
Islands, without being a foreigner, and
having knowledge of any conspiracy
against them,
conceals or does not disclose and make
known the same, as soon as possible
to the governor or fiscal of the
province, or the mayor or fiscal of the
city in which he resides, as the case
may be,
shall be punished as an
accessory to the crime

of treason.

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ELEMENTS
1. the offender must be owing allegiance to ESPIONAGE
the Govt
2. that he has knowledge of any conspiracy
(to commit treason) against the govt ART. 117
3. he conceals or does not disclose and make The penalty of PC shall be inflicted upon any
known as soon as practicable to the
• governor or fiscal of the province; or
• mayor or fiscal of the city in which he

person who:

1. Without authority therefor, enters a

resides.

MISPRISION OF TREASON SHALL NOT

• warship, fort, or naval or military
establishment or reservation
• to obtain any information, plans,
APPLY photographs, or other data
1. to resident aliens, as they do not owe - of a confidential nature relative to the
allegiance to the govt defense of the Philippine Archipelago;
2. when the crime of treason has already or
been committed

OFFENDER; AS AN ACCESSORY TO THE

2. Being in possession, by reason of the public
office he holds,
• of the articles, data, or information referred to
CRIME OF TREASON in the preceding paragraph,
- hence; since Art. 116 does not provide for a
• discloses their contents
penalty, the offender is punishable by 2 degree - to a representative of a foreign
lower than that imposed for the crime of

treason nation.

The penalty next higher in degree shall be

NOTE HOWEVER: imposed if the offender be a public officer or
that the offender here is still treated as
principal for the crime of misprision of
treason

employee.

ESPIONAGE; defined
- as misprision of treason is a separate is an offense of gathering,transmitting or losing

and distinct crime from treason itself.

ART. 20 DOES NOT APPLY IN ART. 116

information
respecting the national defense
with intent or reason to believe that the
The penalties prescribed for accessories shall information is to be used
not be imposed upon those who are such with
• to the injury of the RP;
respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity
• to the advantage of any foreign nation

within the same degrees, with the single

exception of accessories falling within the

TWO WAYS OF COMMITTING ESPIONAGE

• by entering, without authority therefor, a

provisions of paragraph 1 of the next warship, fort, or naval or military

preceding article.

RATION:
establishment or reservation to obtain any
information, plans, photographs, or other
data of a confidential nature relative to the
since the offender in misprision for treason is a
principal in that crime.
defense of the Philippine Archipelago;

while art. 20 applies only to accessory.

ART. 116 AS AN EXE TO THE RULE

ELEMENTS
1. offender enters any of the places
that mere silence does not make a person mentioned therein;
criminally liable. 
 2. that he has no authority thereof
3. that his purpose is to obtain
information, plans, photographs or
other data of confidential nature,
relative to the defense of the

Philippines.

TO BE CONVICTED HERE
intention to take possession of the
data or information mentioned must be
present.
- otherwise, if intention does not
appear, he cannot be held liable under
par. 1
NOTE: not necessary that he was able
to obtain the info. mere entry pwedena

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 THE AWESOME NOTES 7 of 205
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WHO MAY COMMIT

- whether a citizen or foreigner, private
CRIMES AGAINST THE LAW OF
or public individual

• by disclosing to the representative of a

NATIONS
provoking war and disloyalty in case of war
foreign nation the contents of the articles,
data or information referred in par. 1, which
he had in possession by reason of the public
office he holds INCITING TO WAR OR GIVING

ELEMENTS
MOTIVES FOR REPRISAL
1. that the offender is a public officer
2. that he has in his possession the ART. 118
article, data, or information The penalty of RT shall be imposed
referred to in par. 1, by reason of upon any public officer or employee,
his office; and and that of PM
3. that he discloses their contents to upon any private individual,
a representative of a foreign who, by unlawful or unauthorized acts
nation • provokes or gives occasion for a war
involving or liable to involve the

SEE: CA No. 616 Philippine Islands or
• exposes Filipino citizens to reprisals on
their persons or property.
ESPIONAGE TREASON

ELEMENTS:
may be committed may be committed 1. that the offender performs unlawful or
both in time of war

and peace
only in time of war unauthorized acts
2. that such acts provokes or give occasion
for a war involving or liable to involve the
committed in many committed only Phil or expose Filipino citizens to reprisal
ways either by levying war
or adhering to the
enemy
on their person or property

INTENTION OF THE ACCUSED IS



IRRELEVANT
AS: the law only considers the effects

produced by the acts of the accused.

NOTE:

VIOLATION OF NEUTRALITY

committed in time of peace

ART. 119
The penalty of PC shall be inflicted upon
anyone who,
on the occasion of a war in which the
Government is not involved,
• violates any regulation issued by competent
authority for the purpose of enforcing
neutrality.

NEUTRALITY; defined
a nation or power which takes no part in a

contest of arms going on between others.

ELEMENTS
1. that there is a war in which the Phil is not
involved
2. there is a regulation issued by competent
authority for the purpose of enforcing
neutrality
3. offender violates such regulation
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BOOK II

hence: essential that there must be a

regulation issued by competent authority FLIGHT TO ENEMY'S COUNTRY
- for the enforcement of neutrality

ART. 121
CORRESPONDENCE WITH The penalty of AM shall be inflicted
HOSTILE COUNTRY upon any person who,
owing allegiance to the
Government,
ART. 120 attempts to flee or go to an enemy
Any person who in time of war, shall have country
correspondence with WHEN prohibited by
• an enemy country or
• territory occupied by enemy troops

ELEMENTS
competent authority.

shall be punished:
1. By PC, if the correspondence has
been prohibited by the
Government;
2. By PM, if such correspondence be
carried on in ciphers or
conventional signs; and
3. By RT, if notice or information be
given thereby which might be
competent authority
1. there is war in which the Phil is involved
2. offender must be owing allegiance to the
Govt
3. offender attempts to flee or go to the enemy
country
4. going to the enemy country is prohibited by

ALLEGIANCE CONTEMPLATED HERE

useful to the enemy.
If the offender intended to aid
the enemy by giving such
notice or information, he shall

is either permanent or temporary allegiance.

HENCE: an alien who resides in the

suffer the penalty of Philippines may be held criminally

ELEMENTS:
- RT TO DEATH

NOTES
liable for this kind of offense

1. it is in times of war in which the Phil is • mere attempt consummates the offense
involved • there must be a prohibition to such by
2. that the offender makes correspondence competent govt. otherwise, not punishable.
with an enemy country or territory occupied
by enemy troops
3. that the correspondence is either: PIRACY IN GENERAL AND
• prohibited by the govt
• carried on in ciphers or conventional
MUTINY ON HIGH SEAS OR IN
signs; or PHILIPPINE WATERS
• containing notice or information which

might be useful to the enemy

CORRESPONDENCE; defined
communication by means of letters; or it may
refer to letters which pass between those who
ART. 122
The penalty of RT shall be inflicted upon any
person who, on the high seas, shall attack or
seize a vessel or, not being a member of its

have friendly or business relations.

IF EXPRESSLY PROHIBITED BY THE

complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its
equipment, or personal belongings of its
GOVERNMENT
- makes the correspondence mala prohibita
- hence; irrelevant ang contents nung

complement or passengers.

The same penalty shall be inflicted in case of

correspondence

GOVT PROHIBITION IS NOT ESSENTIAL; if

mutiny on the high seas.

2 WAYS OF COMMITTING PIRACY

the correspondence is 1. attacking or seizing a vessel on the high
• carried on in ciphers or conventional signs; or seas or in Philippine waters; or
• containing notice or information which might 2. seizing the vessel, while on high seas or in

be useful to the enemy Phil waters, the whole or part of its cargo,
its equipment or personal belonging of its
WHEN TREATED AS TREASON; qualifying
circumstances
1. notice or info might be useful to the enemy;
complement or passenger

and
2. offender intended to aid the enemy

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ELEMENT OF PIRACY
1. that the vessel is on high seas or in Phil
water
2. that the offender are not members of its
compliment or passenger of the vessel
3. that the offender either
• attack or seized the vessel; or
• seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its compliment or
passengers
DEFINITION
QUALIFIED PIRACY
ART. 123
The penalty of RT TO DEATH shall be
imposed upon those
who commit any of the crimes referred to in the
preceding article, under any of the following
circumstances:
• Whenever they have seized a vessel by
boarding or firing upon the same;

PIRACY
• Whenever the pirates have abandoned
their victims without means of saving
themselves; or
robbery or forcible depredation on the
• Whenever the crime is accompanied by
high seas, murder, homicide, physical injuries or
• without lawful authority
• with animo furandi
• and in the spirit and intention of
rape.

QUALIFIED PIRACY IS A SPECIAL

universal hostility.

MUTINY

COMPLEX CRIME!

unlawful resistance to a superior

officer, or the raising of commotions
and disturbances on board a ship
- against the authority of its

commander

HIGH SEAS
part of the seas that are not included in
the eez, in the territorial seas, or in the
internal waters of a state, or in the
archipelagic waters of an archipelagic
state.
PIRACY ROBBERY

offender is an committed by a
outsider member of a
compliment of a
vessel or a
passenger of the
vessel

NOTE: but both has same intent to gain and

manner of committing the crime. (with force
upon thing)

PIRACY MUTINY

who commits the offense

stranger to the members of the crew or

vessl passengers

intention

intent to gain; either

essential - intent to ignore the ship's
officer; or
-desire to commit plunder

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ELEMENTS:
TITLE TWO 1. that the offender is a public officer or
CRIMES AGAINST THE employee
2. that he detains a person
F U N D A M E N TA L L A W S
OF THE STATE
3. that the detention is without legal grounds

PUBLIC OFFICER

 person vested with authority to detain or order
ARBITRARY DETENTION OR EXPULSION
1. arbitrary detention
2. delay in the delivery of detained persons

the detention of persons accused of a crime.

THE OFFENDER MUST BE A PUBLIC

to the proper judicial entity OFFICER
3. delaying release HENCE; if it is perpetrated by person other
4. expulsion
than a public officer
- it is not an arbitrary detention but

1-3: classes of arbitrary detention

VIOLATION OF DWELLING
a crime of illegal detention

EXE: when such person or even a private

1. violation of domicile
2. search warrants maliciously obtained and
abuse in the service those legally
obtained
individual conspired with a public officer
- the crime committed by the former is arbitrary
detention.

3. searching domicile without witnesses

PROHIBITION, INTERRUPTION AND

WHEN IS THERE DETENTION?
when a person is placed in confinement or
DISSOLUTION OF PEACEFUL MEETINGS
1. prohibition, interruption and prohibition of

there is restraint on his person

WHEN DETENTION BECOMES ARBITRARY

peaceful meetings

CRIMES AGAINST RELIGIOUS WORSHIP

when it is without legal grounds, such as:
• when he has not committed any crime, or at
least, there is no reasonable ground for
1. interruption of religious worship suspicion that he committed a crime ?

2. offending of religious feelings (hence, mere suspicion is not enough, there
must be a reasonable ground based on
personal knowledge of facts and
circumstances) or
• when he is suffering from violent insanity or
any other ailment requiring compulsory

confinement in a hospital

LEGAL GROUNDS FOR DETENTION

ARBITRARY DETENTION 1. commission of a crime
2. violent insanity or other ailment requiring

ART. 124
his compulsory confinement in a hospital

NOTE: warrantless arrest, when not justified,

Any public officer or employee who, without
legal grounds, detains a person, shall suffer;
1. The penalty of AM in its maximum period to

amounts to arbitrary detention.

WARRANTLESS ARREST; when

PC in its minimum period,
if the detention has not exceeded three days;
2. The penalty of PC in its medium and
maximum periods, if the detention has
continued more than three but not more than
fifteen days;
3. The penalty of PM, if the detention has
continued for more than fifteen days but not
more than six months; and
4. That of reclusion temporal, if the detention
shall have exceeded six months.
justificed
1. caught in flagrante delicto
(cover; when the accused is
about to commit the crime)
2. escapee
IN HIS PRESENCE
3. hot pursuit
• t h e o f fi c e r s e e s t h e o ff e n s e b e i n g
committed, although at a distance, or

The commission of a crime, or violent insanity

• hears the disturbance created thereby and
proceed at one to the scene thereof, or
or any other ailment requiring the compulsory • when the offense is continuing or has not
been consummated at the time the arrest is
confinement of the patient in a hospital, shall
be considered legal grounds for the detention
made.

of any person.
PERSONAL KNOWLEDGE; required

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NOTE: ff Rule 113 sec. 6
actual commission of an offense is no longer
required for there to have a valid warrantless
arrest.
enough na:
nature of his deed when tits
characterization as a crime may
reasonably be inferred by the
officer whom the law at the
moment leaves the decision for
the urgent purpose of suspending
the liberty of that person.
NOTE: not a reasonable ground:
- if the officer only wants to know
the commission of an offense
- kasi by mere such fact, it
presupposes that the arresting
officer has no reasonable ground
of suspicion that the accused
committed an offense in the first
place.
note: dont ff US vs Sanchez;
wherein it provides that mere
complaint of the offended part
justifies the warrantless arrest
- kasi in here, hindi papasok sa
mga circumstances allowed by
law to justify it.
- at most, it is proper for filing
complaint before the prosecutor's
office, who shall determine
whether application for warrant of
arrest would be proper.
(opinion ko lang to)
ARBITRARY DETENTION THRU
IMPRUDENCE
pwede
NOTE: the law does not fix any minimum
period of detention
- hence, so long as the detention is without a
valid cause, and such committed by a public
officer, even though the detention lasted only
for an hour, arbitrary detention may still lie.
penalties or their equivalent.
11 of 205
DELAY IN THE DELIVERY
OF DETAINED PERSONS
TO THE PROPER JUDICIAL
AUTHORITIES
ART. 125
The penalties provided in the next preceding
article shall be imposed upon the 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 within
the period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties,
or their equivalent and thirty-six (36) hours, for
crimes, or offenses punishable by afflictive or
capital penalties, or their equivalent.
In every case, the person detained shall be
informed of the cause of his detention and
shall be allowed upon his request, to
communicate and confer at any time with his
attorney or counsel. (As amended by E.O.
Nos. 59 and 272, Nov. 7, 1986 and July 25,
1987, respectively).
ELEMENTS
1. that the offender is a public officer or
employee
2. that he has detained a person for some
legal ground
3. that he fails to deliver such person to the
proper judicial authorities within
• 12 hrs- for crimes or offenses
punishable by light penalties, or
their equivalent
• 18 hrs- for crimes or offenses
punishable by correctional
penalties, or their equivalent
• 36 hrs- for crimes or offenses
punishable by afflictive or capital
NOTE: if committed by a private individual, the
crime committed is illegal detention. Unless, is
in conspiracy with a public officer
CONTRA ARBITRARY DETENTION
- in Art. 125, there is a legal ground for
detention, but delays in the delivery to the
proper judicial authority.
Unlike in Art. 124, the detention is
without legal ground in the first
place.
ART. 125 DOES NOT APPLY WHEN THE
ARREST IS BY VIRTUE OF A VALID
WARRANT OF ARREST
RATION: the person arrested can be detained
indefinitely until his case is decided or when he
post bail.
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DUTY OF THE ARRESTING OFFICER IN A
WARRANTLESS ARREST
TO DELIVER
the person arrested to the nearest police
station or jail.
DELIVERY TO THE PROPER
JUDICIAL OFFICER
- does not pertain to physical
delivery
- rather; the making of an
accusation or charge or filing of
information against the person
arrested with the corresponding
court or judge
HENCE; duty of the detaining
officer is deemed complied
- upon the filing of the complaint
with the judicial authority
PROPER JUDICIAL AUTHORITIES
court of justice or judges of said courts vested
with judicial power
to order the temporary detention
or confinement of a person
charged with having committed a
public offense
i.e; SC and such inferior courts as may be
established by law
ART. 125; WAIVABLE
when a person arrested without a warrant
elects for a preliminary investigation, he must
first waive the provisions of art. 125 before
such request can be granted.
NOTE: notwithstanding the
waiver, the PI shall be terminated
within 15 days from its inception
C I R C U M S TA N C E S C O N S I D E R E D I N
DETERMINING THE LIABILITY OF OFFICER
DETAINING A PERSON BEYOND THE
LEGAL PERIOD
1. the means of communication
2. the hour of the arrest; and
person.
3. such other circumstances (ie, material
possibility for the fiscal to make the
investigation and file the necessary
information within the period prescribed
by law)
HENCE; supposing the arrest was made in a
secluded area, that it would take a 10 day hike
before they can reach the nearest fiscal's office
- the delay here is justified.
NOTE: delay in Art. 125 does not affect the
validity of the arrest
NOTE: the subsequent filing of information
does not cure the illegality of detention
the release of such person.
12 of 205
NOTE: the fiscal is not liable, unless he
himself ordered the detention
RIGHTS OF PERSON DETAINED
1. to be informed of the nature and cause of
his detention
2. b e a l l o w e d , u p o n r e q u e s t , t o
communicate and confer at anytime with
his atty or counsel
3. to remain silent.
NOTE: public officer or employee
who prevented the detainee his
right to counsel
- is punishable by AMyr
RATION OF ART. 125
to prevent any abuse resulting from confining a
person without informing him of his offense
and without permitting him to go on bail.
DELAYING RELEASE
ART. 126
The penalties provided for in Article 124 shall
be imposed upon any public officer or
employee who delays for the period of time
specified therein the performance of any
judicial or executive order for the release of a
prisoner or detention prisoner, or unduly delays
the service of the notice of such order to said
prisoner or the proceedings upon any petition
for the liberation of such person.
3 ACTS PUNISHABLE
1. delaying in the performance of a judicial
or executive order for the release of a
prisoner
2. unduly delaying the service of the notice
or such order to said prisoner
3. unduly delaying the proceedings upon
any petition for the liberation of such
ELEMENTS
1. that the offender is a public officer or
employee
2. there is a judicial or executive order for
the release of a prisoner or detention
prisoner, or that there is a proceeding
upon a petition for the liberation of such
person
3. that the offender without good reason,
delays
• the service of the notice of such
order to the prisoner
• the performance of such judicial or
executive order for the release of
he prisoner; or
• the proceedings upon a petition for
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ie: delay in the release of a prisoner by a offender, the penalty shall be prision
warden, despite of an order of release issued correccional in its medium and maximum

by the court.

WHO ARE MOST LIKELY TO VIOLATE THIS

periods.

ACTS PUNISHABLE
PROVISION 1. by entering any dwelling against the will
wardens and jailers of the owner
2. by searching papers or other effects
found therein without the previous
consent of such owner; and
EXPULSION 3. by refusing to leave the premises after
having surreptitiously entered said
dwelling and after having been required
ART. 127
The penalty of prision correccional shall be
imposed upon any public officer or employee
to leave the same

who, not being thereunto authorized by law,
shall expel any person from the Philippine
Islands or shall compel such person to change
his residence.
ELEMENTS
1. that the offender is public officer or
search therein for papers or other effects
COMMON ELEMENTS
1. that the offender is a public officer or
employee
2. that he is not authorized by judicial order
to enter the dwelling and/or to make

HENCE; if committed by private

employee individual; the crime committed is
2. he expels any person from the Phil, or
compels a person to change his
residence

trespass to dwelling

WITHOUT AUTHORITY VIS-A-VIS WITHOUT

3. the offender is not authorized to do so by CONSENT
law

2 ACTS PUNISHABLE
1. expelling a person from the Phil
2. compelling a person to change his
• if no search warrant, but it was consented at
the same time by the owner, valid yung
search.
• if with warrant, but without the consent of

address the owner, valid parin yung search

DAPAT
merong court order by a final judgment

see: crimpro on the provisions for arrest.

BASIS: ART. III Sec. 2 CONSTI

ordering for such expulsion or force change of right of the person to be secured of his papers
residence

and effects is inviolable...

NOTE: if the search is committed outside

the dwelling, and without a valid warrant
VIOLATION OF DOMICILE and not as a consequent of a valid arrest
the crime committed is
• grave coercion, if violence or intimidation is
used; or
VIOLATION OF DOMICILE • unjust vexation

HAVING SURREPTITIOUSLY ENTERED

SAID DWELLING
ART. 128
what constitute the crime here is not the entry
The penalty of prision correccional in its
on said dwelling
minimum period shall be imposed upon any
BUT the refusal to leave the
public officer or employee who, not being
authorized by judicial order, shall enter any
dwelling against the will of the owner thereof,

premises when required to do so.

QUALIFYING CIRCUMSTANCES
search papers or other effects found therein
1. committed at nighttime
without the previous consent of such owner, or
2. any papers or effects not constituting
having surreptitiously entered said dwelling,
evidence of a crime are not returned
and being required to leave the premises, shall
immediately after the search made by the

refuse to do so.

If the offense be committed in the night-time, or

offender.

if any papers or effects not constituting

evidence of a crime be not returned
immediately after the search made by the

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4. particularly describing the place to be

SEARCH WARRANT searched and the things to be seized,
MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF
which may be anywhere in the Phil.

MANNER OF EXAMINATION OF
THOSE LEGALLY OBTAINED THE WITNESSES
in the form of searching question
and answer, in writing and under
ART. 129 oath, and questioning the
In addition to the liability attaching to the complainant and the witnesses he
offender for the commission of any other may produce on facts personally
offense, the penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period and a fine not exceeding

known to the,.

MANNER OF SEARCH
P1,000 pesos shall be imposed upon any must be in the presence of:
public officer or employee who shall procure a 1. the lawful occupant; or
search warrant without just cause, or, having 2. any member of his family; or
legally procured the same, shall exceed his 3. in absence thereof, at least 2 witnesses
authority or use unnecessary severity in of sufficient age and discretion, residing

executing the same.

ACTS PUNISHABLE IN CONNECTION WITH

in the same locality

VALIDITY OF SEARCH WARRANT

SEARCH WARRANT 10 DAYS
1. by procuring a search warrant without just
cause
2. by exceeding his authority or by using

from its issuance

see: crimpro as to the manner of effecting

unnecessary severity in executing search
warrant legally procured
the search.

PROBABLE CAUSE; defined

P R O C U R I N G S E A R C H WA R R A N T such facts and circumstances which would

WITHOUT JUST CAUSE

ELEMENTS
lead a reasonably discreet and prudent man to
believe
• that the crime has been committed; and
1. that the offender is a public officer or • that the object sought in connection
employee with the offense are in the place sought
2. that he procures a search warrant

3. that there is no just cause to be searched.

TEST OF LACK OF JUST CAUSE IN THE

SEARCH WARRANT; defined ISSUANCE OF SEARCH WARRANT
an order in writing whether the affidavit filed in support of he
issued in the name of the People of the Phil, application for search warrant has been drawn
signed by a judge in such a manner that
and directed to a peace officer, commanding • perjury could be charged thereon; and
him to
• search for personal property described
therein; and

• affiant be held liable for damages caused

the oath must be based on personal

• bring it before the court

PERSONAL PROPERTY TO BE SEIZED

knowledge.

ADDITIONAL CRIMINAL LIABILITY

1. subject of the offense if procured by public officer without just cause,
2. stolen or embezzled and other proceeds - he can also be held criminally liable for the
or fruits of the offense; and crime of perjury
3. used or intended to be used as the willful and deliberate assertion of

means of committing an offense falsehood in the affidavit filed in

support of the application for
REQUISITES FOR ISSUING SEARCH
WARRANT
search warrant

1. there must be a probable cause in

connection of one specific offense
2. determined personally by the judge

note: fruit of the poisonous tree

note: valid warrantless search, as an

3. a f t e r e x a m i n a t i o n u n d e r o a t h o r
affirmation of the complainant and the
witnesses he may produce; and

incident of a lawful arrest.

note: search and seizure of a vessel

without a warrant, legal

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 THE AWESOME NOTES
CRIMINAL LAW
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as the vessel can be quickly moved out of the
locality or jurisdiction in which the search
warrant must be sought before such warrant
could be procured.
EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING
A SEARCH WARRANT LEGALL
PROCURED
ELEMENTS
1. that the offender is a public officer or
employee
2. that he has legally procured a search
warrant
3. that he exceeds his authority or uses
unnecessary severity in executing the
same
ie of exceeding authority: when in the
implementation of the search warrant, together
with the items described therein, he also
seized other property having a remote or no
connection at all to those described.
ie of using unnecessary severity: destroys
furnitures in executing the warrant
SEARCHING DOMICILE
WITHOUT WITNESSES
ART. 130
The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a
public officer or employee who, in cases where
a 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.
ELEMENTS
1. offender is a public officer or employee
2. he is armed with search warrant legally
grievances.
procured
3. he searches the domicile, papers or other
belonging of any person
4. that the owner, or any member of his
family, or in default, at least 2 witnesses
residing within the same locality are not
present
15 of 205
PROHIBITION, INTERRUPTION
AND DISSOLUTION OF
PEACEFUL MEETINGS
PROHIBITION, INTERRUPTION
AND DISSOLUTION OF
PEACEFUL MEETINGS
ART. 131
The penalty of prision correccional in its
minimum period shall be imposed upon any
public officer or employee who, without legal
ground, shall prohibit or interrupt the holding of
a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a
public officer or employee who shall hinder any
person from joining any lawful association or
from attending any of its meetings.
The same penalty shall be imposed upon any
public officer or employee who shall prohibit or
hinder any person from addressing, either
alone or together with others, any petition to
the authorities for the correction of abuses or
redress of grievances.
PUNISHABLE ACTS UNDER THIS ART
1. without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting,
or shall dissolve the same.
2. hinder any person from joining any lawful
association or from attending any of its
meetings.
3. prohibit or hinder any person from
addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of
ELEMENT COMMON TO THE THREE
PUNISHABLE ACTS
1. that the offender is a public officer or
employee
2. that he performed any of the acts
mentioned above
HENCE: if committed by a private
person, the crime committed is
- disturbance of public order
FIRST PUNISHABLE ACT
ELEMENTS
1. the meeting must be peaceful; and
2. there s no legal ground for the
prohibition, interruption or
dissolving the same
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NOTE: right to peaceful meeting is not

absolute
MAY BE VALIDLY RESTRICTED BY THE CRIMES AGAINST
EXERCISE OF POLICE POWER OF THE RELIGIOUS WORSHIP
STATE; when
• it is injurious to the equal enjoyment of
others having equal rights; or
• injurious to the right of the community or INTERRUPTION OF
society

HENCE: justified yung act if the

RELIGIOUS WORSHIP

meeting is not peaceful

- ie: seditious speeches were being ART. 132
The penalty of prision correccional in its

delivered, urging to overthrow the govt

M AY B E S U B J E C T E D T O A VA L I D
minimum period shall be imposed upon any
public officer or employee who shall prevent or
REGULATION TO SPECIFY disturb the ceremonies or manifestations of
the streets or public places to be used for the
assembly
any religion.

If the crime shall have been committed with

- for maintenance of oublic safety and order.

NOTE: sa consti law, forgot the name

violence or threats, the penalty shall be prision
correccional in its medium and maximum
of the doctrine, but it states that in
granting permits, it is only regulatory.
periods.

ELEMENTS
that is, limited only to the
determination of the place where it is 1. that the offender is a public officer or
to be held, and cannot be used in employee
denying the free exercise of this right 2. t h a t t h e r e l i g i o u s c e r e m o n i e s o r
by refusing to grant permit on other manifestation of any religion are about to
take place or are going on

grounds.
3. that the offender prevents or disturbs the
HOWEVER; in case of refusal, it must be
based on
same

QUALIFYING CIRCUMSTANCE
imminent danger and the evil sought to be

prevented is a serious one.
if committed with violence or threat

NOTE: reading on Bible and then attacking

NOTE: OFFENDER MUST BE A STRANGER
A N D N O T A PA R T I C I PA N T I N T H E
PEACEFUL MEETING
OTHERWISE, such participant can only be
held liable for unjust vexation
certain churches in public is NOT a
ceremony or manifestation of religion, but
only a meeting of a religious sect.
- hence; interruption of a public official against

NOTE: interrupting and dissolving the

this meeting is not punishable under art. 132,

meeting of municipal council by a
public officer, is a crime against
legislative body, not punishable by Art.
131
- pero if by municipal official, not by
municipal council, pwede pumasok
unjust vexation.
but falls on art. 131 (people vs. reyes)
HOWEVER (hull vs state; US jurisprudence)
reading of verses of bible in private house by a
group of persons, adherent of the Methodist
Church, is a religious service.
as no provision of law which
requires religious service to be

NOTE: stopping a speaker who was attacking

conducted in approved orthodox
style in order to merit its protection
against interference and
certain churches in a public meeting, disturbance
punishable by art. 131
- in here, may warning shot after ordering the
speaker to stop. as a result, the crowd
- hence, protected to under art. 132

dispersed and resulted to the dissolution of a

meeting.


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OFFENDING RELIGIOUS
FEELING

ART. 133
The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period shall be imposed upon anyone who, in
a place devoted to religious worship or during
the celebration of any religious ceremony shall
perform acts notoriously offensive to the

feelings of the faithful.

ELEMENTS
1. that the acts complained of were
committed in a place devoted to religious
worship or during the celebration of any
religious ceremony
2. that the acts must be notoriously offensive

to the feelings of the faithful

IN A PLACE DEVOTED FOR RELIGIOUS

WORSHIP; and DURING CELEBRATION OF
ANY RELIGIOUS CEREMONY
BOTH ARE DISTINCT FROM EACH OTHER.
so pwede sa simbahan cinomit,
pero walang misa. o during

procession.

ACT NOTORIOUSLY OFFENSIVE TO THE

FEELINGS OF THE FAITHFUL

THERE MUST BE A DELIBERATE INTENT
TO HURT THE FEELINGS OF THE
FAITHFUL
hence; minumura nya yung simbahan sa tapat
nang bahay nila, nang biglang may dumaan na
marian procession sa tapat nya at na rinig ng
mga devotees

- dito, deliberate intent is no present.

OFFENSE TO FEELINGS IS JUDGED FROM

COMPLAINANT'S POINT OF VIEW

and not from the offenders point of view

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TITLE THREE
CRIMES AGAINST PUBLIC REBELLION, COUP D'ETAT,
ORDER SEDITION AND DISLOYALTY

REBELLION, COUP D'ETAT, SEDITION AND
DISLOYALTY REBELLION / INSURRECTION
1. rebellion or insurrection
2. coup d'etat
3. conspiracy and proposal to commit coup ART. 134
d'etat, rebellion or insurrection The crime of rebellion or insurrection is
4. disloyalty of public officers or employees committed by rising publicly and taking arms
5. inciting to sedition against the Government for the purpose of

6. conspiracy to commit sedition

CRIMES AGAINST POPULAR

REPRESENTATION
1. acts tending to prevent the meeting of
Congress and similar bodies
2. disturbance of proceedings of Congress
and similar bodies
removing from the allegiance to said
Government or its laws, the territory of the
Philippine Islands or any part thereof, of any
body of land, naval or other armed forces,
depriving the Chief Executive or the
Legislature, wholly or partially, of any of their
powers or prerogatives.

3. violation of parliamentary immunity

ILLEGAL ASSEMBLIES AND ASSOCIATION

ELEMENTS
1. that there be public uprising and taking
arms against the govt
1. illegal assembly 2. the purpose of the uprising or movement is

2. illegal association

ASSULT UPON, AND RESISTANCE AND

either;
DISOBEDIENCE TO, PERSONS IN
AUTHORITY AND THEIR AGENTS
1. direct assult
2. indirect assult
3. disobedience to summons issued by
Congress, its committees, etc., by the
constitutional commissions, its committees,
etc.
4. resistance and disobedience to a person in
• to remove from the allegiance to said
govt or its laws:
a. the territory of the Philippines or
any part thereof; or
b. any body of land, naval or other
armed forces; or
• to deprive the Chief Executive or
Congress, wholly or partially of any of
their powers or prerogatives

REBELLION INSURRECTION
authority or the agent of such person

PUBLIC DISORDER the object of the the object of the

1. tumults and other disturbance of public movement is to movement is to
order - completely - seek merely to
2. unlawful use of means of publication and overthrow and effect some change
unlawful utterances supersede the of minor importance;
3. alarms and scandals existing govt or

4. delivering prisoners from jail

EVASION OF SENTENCE
- prevent he
exercise
governmental
of
1. evasion of service of sentence authority with
2. evasion on occasion of disorder respect to particular

3. violation of conditional pardon

COMMISSION OF ANOTHER CRIME

matters or subject

DURING SERVICE OF PENALTY IMPOSED NATURE OF CRIME OF REBELLION

FOR ANOTHER PREVIOUS OFFENSE crime of masses, of a multitude
1. commission of another crime during service
of penalty imposed for another previous
- kasi: public uprising and taking up arms

NOTE: actual clash of arms with the forces

offense
of the govt is not req
HENCE: mere declaration that he is a member
of HUK and openly fighting to overthrow the

COUP D'ETAT
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govt, is guilt for rebellion. likewise acting as ART. 134-A

spies and couriers of rebels.

PURPOSE OF THE UPRISING MUST BE

The crime of coup d'etat is a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth, directed against duly
SHOWN constituted authorities of the Republic of the
OTHERWISE, not rebellion but may be Philippines, or any military camp or installation,

another crime.

ie. a band of 40 armed men entered a

municipality and kidnapped the mayor,
the crime here is kidnapping and not
rebellion, as intention to overthrow the
communications network, public utilities or
other facilities needed for the exercise and
continued possession of power, singly or
simultaneously carried out anywhere in the
Philippines by any person or persons,
belonging to the military or police or holding

govt is not apparent any public office of employment with or without
civilian support or participation for the purpose
PURPOSE OF THE REBELLION NEED NOT
BE ACCOMPLISHED
mere public uprising and taking up arms

of seizing or diminishing state power.

ELEMENTS
against the govt suffices for one to be held 1. the offender is a person or persons

guilty for rebellion belonging to the military or police or holding
any public office or employment
2. that it is committed by means of swift attack
REBELLION TREASON accompanied by violence, intimidation,
threat, strategy or stealth
levying war against committed by 3. that the attack is directed against duly
the govt levying war against constituted authorities of the RP, or any
- to remove from the govt to aid the military camp or installation, communication
allegiance or chief e n e m y, or networks, public utilities or other facilities
executive or the adherence to the needed for the exercise and continued
congress in the enemy by giving possession of power
exercise of its them aid or comfort 4. that the purpose of the attack is to seize or
certain prerogatives

always committed may be committed

diminish state power

NOTE: coup d'etat may be committed with

by levying war by levying war or by or without civilian support.
agains the govt adherence ART. 135

GIVING AID AND COMFORT TO REBELS IS
Any person who promotes, maintains, or heads
rebellion or insurrection shall suffer the penalty
NOT CRIMINAL IN REBELLION
hence, giving cigarettes to HUK without

of reclusion perpetua.

Any person merely participating or executing

publicly or openly take part in rebellion nor the commands of others in a rebellion shall
being a member of HK, does not amount to

rebellion....
PENALTY FOR REBELLION,
REBELLION SUBVERSION INSURRECTION OR COUP D'ETAT

a crime against a crime against

public orde national security

suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs

HENCE: wrong to contend the or commands others to undertake a coup
subversive act is an element of d'etat shall suffer the penalty of reclusion

rebellion.

perpetua.

Any person in the government service who

participates, or executes directions or
commands of others in undertaking a coup
d'etat shall suffer the penalty of prision mayor

in its maximum period.

Any person not in the government service who

participates, or in any manner supports,
finances, abets or aids in undertaking a coup
d'etat shall suffer the penalty of reclusion
temporal in its maximum period.

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When the rebellion, insurrection, or coup d'etat
shall be under the command of unknown
leaders, any person who in fact directed the
others, spoke for them, signed receipts and
other documents issued in their name, as
performed similar acts, on behalf or the rebels
shall be deemed a leader of such a rebellion,
insurrection, or coup d'etat. (As amended by
R.A. 6968, approved on October 24, 1990).
WHO ARE LIABLE FOR REBELLION OR
COUP E'TAT
THE LEADERS
1. any person who promotes, maintains, or
head a rebellion or insurrection; or
constitute rebellion.
2. a n y p e r s o n w h o l e a d s , d i r e c t s o r
commands others to undertake coup d'etat
THE PARTICIPANTS
1. any person who participates or executes
the commands of others in rebellion or
insurrection
2. any person in the govt service who
participates or executes directions or
commands of others in undertaking a coup
d'etat; or
3. any person not in govt service who
participates, supports, finances, abets or
aids in undertaking a coup d'etat
WHEN THE LEADER IS UNKNOWN,
THE FF ACTS SHALL BE DEEMED
TO MAKE HIM AS SUCH
• directed the others,
• spoke to them
• signed receipts and other
documents issued in their name;
• or perform similar acts on behalf of
the rebels
NOTE: public officer must take active part to
be liable for the crime of rebellion
- mere silence or omission is not punishable as
rebellion
NOTE: in the crime of rebellion, the ff is not a
valid defense:
• they never took allegiance to the Govt; or
• they never recognize the govt
20 of 205
IS THERE A COMPLEX CRIME OF
REBELLION WITH MURDER AND OTHER
COMMON CRIMES?
GEN RULE: none (People vs Hernandez)
- as the crime of murder and other common
crimes is absorbed in the crime of rebellion,
and cannot be penalized and regarded as a
distinct crime.
REGARDLESS ON WHETHER
the offense was committed on
occasion of rebellion, either as a
means to its commission or as an
unintended effect of an activity that
EXE: (People vs Geronimo)
if the killing, robbing, etc during the rebellion,
were done for private purpose or profit, without
any political motivation.
POLITICAL CRIMES AS DISTINGUISHED
FROM COMMON CRIMES
IT DEPENDS UPON THE INTENT OR
MOTIVES
CONSPIRACY AND PROPOSAL
TO COMMIT REBELLION OR
INSURRECTION AND
COUP D'ETAT
- hence, if the killing was perpetrated for the
purpose removing allegiance from the RP, then
the crime of murder is stripped of its common
complexion and acquires the political character
of a rebellion.
ART. 136
The conspiracy and proposal to commit coup
d'etat shall be punished by prision mayor in
minimum period and a fine which shall not
exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit
rebellion or insurrection shall be punished
respectively, by prision correccional in its
maximum period and a fine which shall not
exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period
and a fine not exceeding two thousand pesos
(P2,000.00). (As amended by R.A. 6968,
approved October 24, 1990).
CONSPIRACY TO COMMIT REBELLION
when 2 or more persons come to an
agreement to rise publicly and take arms
against the govt for any purpose of rebellion
and decide to commit it.
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PROPOSAL TO COMMIT REBELLION NOTE: art. 137 presupposes the existence of

when the person who has decided to rise
publicly and take arms against the govt for any
purposes of rebellion proposes its execution to

rebellion by other person

NOTE: the offender here must be a public

some other person/s.

WHAT CONSTITUTE PUNISHABLE ACTS

officer or employee

NOTE: the offender must not be in

UNDER ART. 136 conspiracy with the rebels
1. mere agreeing and deciding among OTHERWISE: he is guilty of rebellion, and not
themselves to rise publicly and take arms mere disloyalty.
against the govt for the purposes of
rebellion; or
2. mere proposing the commission of the acts INCITING TO REBELLION OR

of rebellion

HENCE: not required that the accused

actually publicly rise and took arms
against the govt.
- if consummated, since act of one is
act of all in conspiracy, so it ceases to
be mere conspiracy but becomes a
INSURRECTION
ART. 138
The penalty of prision mayor in its minimum
period shall be imposed upon any person who,
without taking arms or being in open hostility

rebellion in itself.

NOTE: for there to have a conspiracy

a. there must be an agreement to
commit the crime of rebellion; and
against the Government, shall incite others to
the execution of any of the acts specified in
article 134 of this Code, by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to the

b. they decided to commit it.

INDICA OF CONSPIRACY TO

same end.

ELEMENTS
COMMIT REBELLION 1. that the offender does not take arms or not
• organizing a group of soldier in open hostility against the govt
• soliciting membership 2. he incites others to the execution of any of

• soliciting funds

NOTE: mere designing of flags or

rendering or giving speeches favoring
communism
- does not show that one is guilty for
conspiracy to commit rebellion, absent
of any evidence to show that such
accused already agreed to take arms
and rise publicly against the govt
the acts of rebellion (inciting others to rise
publicly and take arms against the govt for
any of the purposes rebellion.)
3. that the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other representations
tending to the the same end.
INCITING TO PROPOSAL TO
REBELLION COMMIT
REBELLION

DISLOYALTY OF PUBLIC both induces others to commit the crime of

rebellion
OFFICERS OR EMPLOYEES
not required that the the person who
person who incites proposes has
ART. 137 has decided to decided to commit
The penalty of prision correccional in its commit the crime of the crime of
minimum period shall be imposed upon public rebellion rebellion
officers or employees who have failed to resist
a rebellion by all the means in their power, or the act of inciting is the person who
shall continue to discharge the duties of their done publicly proposes uses
offices under the control of the rebels or shall secret means

accept appointment to office under them.

ACTS PUNISHABLE UNDER THIS ART.



REBELLION SHOULD NOT BE COMMITTED
1. failing to resist a rebellion by all means in OTHERWISE; the person who incites becomes
their power
2. continuing to discharge the duties of their
offices under the control of the rebels; and

a principal by inducement.

3. accepting appointment to office under them

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SEDITION REBELLION
SEDITION
primarily; what distinguish them is the
ART. 139
The crime of sedition is committed by persons
who rise publicly and tumultuously in order to

purpose of the uprising. see each

note: in sedition, it is not exactly against the

attain by force, intimidation, or by other means govt.
outside of legal methods, any of the following
the public uprising the public uprising

objects:

1. To prevent the promulgation or execution of

must be tumultuous must be with taking
of arms against the
govt

any law or the holding of any popular election;

2. To prevent the National Government, or any may be political or of always of political

provincial or municipal government or any social complexion complexion
public officer thereof from freely exercising its
or his functions, or prevent the execution of SEDITION TREASON

any administrative order;

3. To inflict any act of hate or revenge upon the more of a general violation by a
person or property of any public officer or sense subject of his
- raising of allegiance or

employee;

4. To commit, for any political or social end,

commotions or
disturbances in the
sovereignty to his
sovereign or to the
any act of hate or revenge against private state supreme authority of
the state.

persons or any social class; and

5. To despoil, for any political or social end,

A DISTURBANCE IS DEEMED
any person, municipality or province, or the TUMULTUOUS
National Government (or the Government of if caused by more than one person who are
the United States), of all its property or any

part thereof.
armed or provided with means of violence.

HENCE: the crime of sedition cannot

ELEMENTS
1. the offender rise publicly and tumultuously
2. that they employ force, intimidation or other

be committed by only one person.

EXAMPLE OF PREVENTING PUBLIC

means outside of legal methods
3. that the offender employ any of the means
to attain any of the ff objects:
• to prevent the promulgation or execution
of any law or the holding of popular
election
• to prevent the national govt or any
provincial or municipal govt, or any
public officer thereof from freely
OFFICERS FROM EXERCISING THEIR
FUNCTION
- when a person to be arrested by virtue of a
valid warrant, together with his men, resisted
the arrest by means of force, and thereby
prevented the officers from performing their
duties.

EXAMPLE OF INFLICTING AN ACT OF

exercising its or his functions or prevent HATE OR REVENGE UPON PUBLIC
the execution of any administrative order OFFICERS
• to inflict any act of hate or revenge upon - nag kabarilan yung member ng AFP and
the person or property of any public PNP. namatay yung tiga AFP. yung ginawa ng
officer or employee AFP, bilang resbak, inatake nila kahit sinung
• to commit, for any political or social end,
any act of hate or revenge against
private persons or an social class; and

member ng PNP.

EXAMPLE OF AGAINST PERSONS OR ANY

• to despoil, for any political or social end,
any person, municipality or province, or
the natl govt of all its property or any part
thereof.
NATURE OF THE CRIME OF SEDITION
raising of commotions or disturbances in the
SOCIAL CLASS
- nilusuob nila yung bayan at ninakawan yung
mga mayayaman. yung reason nila, kasi
masyadong mataas yung interest nang mga
nagpapautang na nakatira doon.

NOTE: there must be a public uprising for

state.

ULTIMATE OBJECT
violation of public peace or at least as such a
course of measure as evidently engenders it.

there to be a sedition. and the purpose of
which is one of those enumerated in art.
139. hence, mere presence alone as
intimidating as it was but not tumultuously, or
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when the purpose is unknown, one cannot be
held liable for the crime of sedition.
NOTE: common crimes committed in
furtherance of sedition are not absorbed
- such are punishable as separate crimes from
sedition.
PENALTY FOR SEDITION
ART. 140
The leader of a sedition shall suffer the penalty
of prision mayor in its minimum period and a
fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer
the penalty of prision correccional in its
maximum period and a fine not exceeding
5,000 pesos. (Reinstated by E.O. No. 187).
PERSONS LIABLE FOR SEDITION
1. leaders; and
2. other persons who participated in the
sedition
CONSPIRACY TO COMMIT
SEDITION
such evil practices.
ART. 141
Persons conspiring to commit the crime of
sedition shall be punished by prision
correccional in its medium period and a fine
not exceeding 2,000 pesos. (Reinstated by
E.O. No. 187).
ELEMENTS
1. agreement and decision to attain an object
of sedition; and
2. agreement and decision to rise publicly and
tumultuously
NOTE: there is no crime of proposal to
commit sedition.
to disturb the public peace.
- hence, mere proposal to commit sedition is
not punishable.
representations tending to the same end.
23 of 205
INCITING TO REBELLION
ART. 142
The penalty of prision correccional in its
maximum period and a fine not exceeding
2,000 pesos shall be imposed upon any
person who, without taking any direct part in
the crime of sedition, should incite others to
the accomplishment of any of the acts which
constitute sedition, by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to
the same end, or upon any person or persons
who shall utter seditious words or speeches,
write, publish, or circulate scurrilous libels
against the Government (of the United States
or the Government of the Commonwealth) of
the Philippines, or any of the duly constituted
authorities thereof, or which tend to disturb or
obstruct any lawful officer in executing the
functions of his office, or which tend to
instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead
or tend to stir up the people against the lawful
authorities or to disturb the peace of the
community, the safety and order of the
Government, or who shall knowingly conceal
DIFFERENT ACTS OF INCITING TO
SEDITION
1. inciting others to the accomplishment of an
of the acts which constitute sedition by
means of speeches, proclamations,
writings, emblems, etc.
2. uttering seditious words or speeches which
tend to disturb the public peace (in here,
unlike 1 and 3, the purpose need not be for
the accomplishment of any objects of
sedition)
3. writing, publishing or circulating scurrilous
libels against the govt or any of the duly
constituted authorities thereof, which tend
INCITING TO SEDITION TO ACCOMPLISH
ANY OF ITS OBJECT
ELEMENTS
1. that the offender does not take direct part in
the crime of rebellion
2. he incites others to the accomplishment of
any of the acts which constitute sedition
3. that the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
NOTE: the object here is to incite others to rise
publicly and tumultuously and for any of the
purposes provided by law
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UTTERING SEDITIOUS WORDS OR NOTE REQUIRED THAT THERE MUST VE A

SPEECHES; AND DISTURBANCE OR DISORDER
WRITING, PUBLISHING OR IRVILAGING AS the law also punishes any utterances that

SCURRILOUS LIBELS

ie. seditious words

may engender public order.

CLEAR AND PRESENT DANGER

when the accused shouting a number of times;
"the Filipinos, like myself, must use bolos for
cutting off Wood's head for having
recommended a bad thing for the Filipinos, for
he has killed our independence."
RULE
the words must be of such nature that
by uttering them, there is a danger of a
public uprising and that such danger

ie. seditious speech

should be clear and imminent
- what is only req is, there is a
probability of serious injury to the state
at a necrological mass, the accused uttered that is;
"the members of the PC are bad because they
• there must be a
shoot people, even innocent women. in view of reasonable ground to
this, we ought to be united to suppress this believe that the danger
abuse....use your whip so that there may be apprehended is imminent

marks on their sides."

ie. scurrilous libels

and
• that the evil to be
accused took a picture of himself as if he was
hanged on a tree, and enclosed therein is an
prevented is a serious one

DANGEROUS TENDENCY RULE

alleged suicide note penned by a fictitious
person addressed to its supposed wife. he
send the said picture as well as the note to
different dailies of general publication. the
letter contained words that "he committed
suicide because he was not pleased with the
president, and that the present government is
that the words uttered or published
could easily produce disaffection
among the people and a state of
feeling in them incompatible with a
disposition to remain loyal to the govt
and obedient to the laws.

infested with many Hitlers."

SCURRILOUS; defined
R AT I O N : W H Y M E R E S E D I T I O U S
UTTERANCE US PUNISHABLE
AS if the state were compelled to wait until the

low, vulgar, mean or foul

UTTERING SEDITIOUS WORDS OR

SPEECHES AND WRITING, PUBLISHING
OR CIRCULATING SCURRILOUS LIBELS;
are punishable when
1. they tend to disturb or obstruct any lawful
officer in executing the functions of his
apprehended danger becomes certain,
- then its right to protect itself would come into
being simultaneously with the overthrow of the
govt, when there would be neither prosecuting
officers nor courts for he enforcement of the
law.

UNLAWFUL RUMOR-MONGERING AND

office
2. tend to instigate others to cabal and meet
together for unlawful purposes
3. suggest or incite rebellious conspiracies or
riots; or
4. lead to tend to stir up the people against
the lawful authorities or to disturb the peace
of the community, the safety and order of
SPREADING FALSE INFORMATION
WHICH cause or tend to cause panic, divisive
effects among the people, discredit of or
distrust for he duly constituted authorities,
undermine the stability of the govt or engender
public order

the penalty is
the govt.

EXAMPLE OF INCITING TO SEDITION

PC- 6mos 1day to 6 years

if committed by a public officer, accessory

1. a theatrical play or drama where the words
uttered or speeches delivered are seditious
2. proposal to throw hand grenade in a public
place, intended to cause commotion and
disturbance, as an act of hate or revenge
penalty of
- absolute perpetual disqualification from
holding any public office


against the police force

KNOWINGLY CONCEALING SUCH EVIL

PRACTICE
- while ordinarily an act of the accessory after
the fact, but under Art. 142,
the act is treated and punished as that
of the principal.

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CRIMES AGAINST POPULAR
REPRESENTATION
ACTS TENDING TO PREVENT
THE MEETING OF
THE ASSEMBLY AND
SIMILAR BODIES
respect due to it.
ART. 143
The penalty of prision correccional or a fine
ranging from 200 to 2,000 pesos, or both, shall
be imposed upon any person who, by force or
fraud, prevents the meeting of the National
Assembly (Congress of the Philippines) or of
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board.
ELEMENTS
1. there be a project or actual meeting of the
National Assembly or any of its
committees, constitutional committees or
division thereof, or of any provincial board,
city or municipal council or board.; and
2. the offender who may be any person
prevents such meeting by force or fraud
HENCE; a person may be held liable under art.
143 when he prevented a meeting of the
municipal council, where
1. the defect of which is not manifest
2. and would require an investigation before it
can be determined that it is defective.
DISTURBANCE OF
PROCEEDINGS
ART. 144
The penalty of arresto mayor or a fine from 200
to 1,000 pesos shall be imposed upon any
person who disturbs the meetings of the
National Assembly (Congress of the
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board, or in the presence of any such bodies
should behave in such manner as to interrupt
its proceedings or to impair the respect due it.

25 of 205
ELEMENTS
1. there be a meeting of the National
Assembly or any of its committees,
constitutional committees or division
thereof, or of any provincial board, city or
municipal council or board.; and
2. the offender does any of the ff acts:
• he disturbs any of such meetings; or
• he behaves while in the presence of any
such bodies in such a manner as to
interrupt its proceedings or to impair the
NOTE: THE MEETING DISTURBED MUST
BE OF A LEGISLATIVE BODY OR OF THE
P R O V I N C I A L B O A R D O R C I LY O R
MUNICIPAL COUNCIL
- hence, supposing it was committed in a
meeting called by the mayor, then the person
can be held criminally liable only, at most, for
unjust vexation.
NOTE: ART. 144. IS WITHOUT PREJUDICE
TO THE DISCIPLINARY POWER OF THE
ASSEMBLY; by punishing the same for
contempt
VIOLATION OF
PARLIAMENTARY IMMUNITY
ART. 145
The penalty of prision mayor shall be imposed
upon any person who shall use force,
intimidation, threats, or fraud to prevent any
member of the National Assembly (Congress
of the Philippines) from attending the meetings
of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional
commissions or committees or divisions
thereof, from expressing his opinions or
casting his vote; and the penalty of prision
correccional shall be imposed upon any public
officer or employee who shall, while the
Assembly (Congress) is in regular or special
session, arrest or search any member thereof,
except in case such member has committed a
crime punishable under this Code by a penalty
higher than prision mayor.
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PUNISHABLE ACTS UNDER ART. 145
• by using force, intimidation, threats or fraud
to prevent any members of the Congress
from
1. a t t e n d i n g t h e m e e t i n g s o f t h e
Assembly or any of its committees or
subcommittees, constitutional
commissions or committees or division
thereof; or
2. expressing his opinion; or
3. casting his vote
NOTE: the offender here is any person
• by arresting or searching any member
thereof while the Congress is in regular or
special session
EXE: in case such member has
committed a crime punishable under
the code by a penalty higher than
prision mayor or higher (6 yrs and 1
day to 12 yrs)
NOTE: the offender here is a public
officer or employee
NOTE: ART. 145 does not apply to the
disciplinary power of the congress over its
members
- wherever the words and conduct of such
member is considered as disorderly or
unbecoming of a member thereof.
- could censure, committed to prision,
suspended, even expelled by the votes of their
colleagues.
ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
ILLEGAL ASSEMBLY
or his agents.
ART. 146
The penalty of prision correccional in its
maximum period to prision mayor in its
medium period shall be imposed upon the
organizers or leaders of any meeting attended
by armed persons for the purpose of
committing any of the crimes punishable under
this Code, or of any meeting in which the
audience is incited to the commission of the
crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority
assault
or his agents. Persons merely present at such
meeting shall suffer the penalty of arresto
mayor, unless they are armed, in which case
the penalty shall be prision correccional.
If any person present at the meeting carries an
unlicensed firearm, it shall be presumed that
the purpose of said meeting, insofar as he is
26 of 205
concerned, is to commit acts punishable under
this Code, and he shall be considered a leader
or organizer of the meeting within the purview
of the preceding paragraph.
As used in this article, the word "meeting" shall
be understood to include a gathering or group,
whether in a fixed place or moving. (Reinstated
by E.O. No. 187).
W H AT A C T S C O N S T I T U T E I L L E G A L
ASSEMBLY?
• any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under this code
REQUISITES
1. t h a t t h e r e i s a m e e t i n g , a
gathering or group of persons,
whether in a fixed place or moving
2. that the meeting is attended by
armed persons
3. that the purpose of the meeting is
to commit any of he crimes
punishable under the code
NOTE: for #2, it is sufficient
that it is attended by an armed
persons, and does not
requires that all those who
attended to it are armed.
- for those who attended not
being armed, they are also
punishable under this first
form, but with a lesser penalty
of PC than that of armed
which is punishable by PM
• any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority
REQUISITES
1. t h a t t h e r e i s a m e e t i n g , a
gathering or group of persons,
whether in a fixed place or
moving; and
2. the audience, whether armed or
not, is incited to he commission of
the crime of treason, rebellion, or
insurrection, sedition or direct
Q: what are the crimes committed in a
meeting, the the purpose of which is to
incite the people to commit the crime of
rebellion, sedition, etc.
A: as to those present and the organizer and/
or leaders of such, illegal assembly. as to
those who incited others, a crime of inciting to
sedition or rebellion as the case may be.

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PERSONS LIABLE FOR ILLEGAL

ASSEMBLY ILLEGAL ILLEGAL
1. the organizers or leaders of the meeting ASSOCIATION ASSEMBLY

2. persons merely present at the meeting

NOTE: for persons merely present, to

REQ OF ACTUAL MEETING
be held criminally liable for illegal
assembly, there must be a common required not required
intent to commit the crime of illegal
assembly. WHAT IS BEING PUNISHED
- hence, mere presence out of

curiosity, such is not punishable.

IF ANY PERSON PRESENT AT THE

the meeting and
attendance at such
the act of forming or
organizing and
MEETING CARRIES AN UNLICENSED meeting membership in the
FIREARM; the ff effects are association
1. presumed, insofar as he is concerned, the
purpose of the meeting is to commit an WHO ARE PERSONS LIABLE
punishable act under this code.
2. considered as a leader or organizer of the
meeting 1. organizers or 1. founders,
leaders; and president, directors;
2. person present in and
the said meeting 2. the members
ILLEGAL ASSOCIATION

ART 147

NOTE: RA 7636 repealed RA 1700, which is
The penalty of prision correccional in its an act punishing subversion.
minimum and medium periods and a fine not hence, currently,there is no lae which
exceeding 1,000 pesos shall be imposed upon
the founders, directors, and presidents of
associations totally or partially organized for
punishes subversion.

UNDER RA 1700
the purpose of committing any of the crimes - it declared CPP-NPA as an illegal
punishable under this Code or for some
purpose contrary to public morals. Mere
members of said associations shall suffer the

and outlawed organization.

INSTEAD

penalty of arresto mayor.

WHAT ARE ILLEGAL ASSOCIATIONS

- papasok sa art. 154

1. associations totally or partially organized for

he purpose of committing any of the crime
punishable under the code
2. association totally or partially organized for

some purpose contrary to public morals

PERSONS LIABLE FOR ILLEGAL

ASSOCIATION
1. founders, directors and president of the
association

2. mere member of the association

NOTE: basta, association declared to be illegal

by the court, because it was organized for the
purpose if overthrowing the govt by force of
arms, which is a rebellion, a crime punishable
under the rpc.


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 THE AWESOME NOTES
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ASSULT UPON, AND
RESISTANCE & DISOBEDIENCE
TO, PERSONS IN AUTHORITY
AND THEIR AGENTS
DIRECT ASSULT
ART. 148
Any person or persons who, without a public
uprising, shall employ force or intimidation for
the attainment of any of the purpose
enumerated in defining the crimes of rebellion
and sedition, or shall attack, employ force, or
seriously intimidate or resist any person in
5. that there is no public uprising
authority or any of his agents, while engaged
in the performance of official duties, or on
occasion of such performance, shall suffer the
penalty of prision correccional in its medium
and maximum periods and a fine not
exceeding P1,000 pesos, when the assault is
committed with a weapon or when the offender
is a public officer or employee, or when the
offender lays hands upon a person in authority.
If none of these circumstances be present, the
penalty of prision correccional in its minimum
period and a fine not exceeding P500 pesos
shall be imposed.
ADDITIONAL PENALTY FOR ATTACKING
AMBASSADOR OR MINISTER
any person who assaults, strikes or wounds or
in any other manner offers violence to the
person on an ambassador or public minister
- and additional penalty, distinct from penalty
that may be imposed under RPC,
an IMP not more 3 years; and
FINE not exceeding Php 200
2 WAYS OF COMMITTING THE CRIME OF
DIRECT ASSAULT
• without public uprising, by employing force or
intimidation for the attainment of any of the
purpose enumerated in defining the crimes of
rebellion and sedition; and
ELEMENTS
SHALL ATTACK
1. that the offender employs force or
intimidation
2. that the aim of the offender is to
attain any of the purpose f the
crime of rebellion or any of the
object of crime of sedition
3. that there is no public uprising.
• without public uprising, by attacking, by
employing force or be seriously intimidating
or by seriously resisting any person in
authority or any of his agents, while engaged
in the performance of official duties, or ob the
occasion of such performance.
28 of 205
ELEMENTS
1. that the offender makes an attack,
employs force, makes a serious
intimidation or make serious
resistance
2. that the person assaulted is a
person in authority or his agent
3. that at the time of the assault the
person in authority or his agent is
engaged in the actual
performance of official duties, or
that he is assaulted by reason of
the past performance of official
duties
4. that the offender knows that the
one he is assaulting is a person in
authority or his agent in the
exercise of his duties; and
DIRECT ASSULT UNDER THE FIRST FORM
ie: the chief of police, accompanied by 4
policemen, all armed, went to the house of the
municipal president, compelled him by force to
go to the municipal bldg, to force him to pay
their salaries.
- the crime committed, there being no public
uprising and their acts constituted as an
infliction of an act of hate or revenge upon a
public officer, which is one of the object of
sedition, tantamount to a crime of direct
assault.
also, when there is no public uprising, the
object of which is to prevent popular election
NOTE: for the first form of direct assault, it
is not required that it must be inflicted
against a person in authority or its agent.
ENOUGH NA; that the act is committed in
order to attain the object of sedition or
rebellion.
DIRECT ASSAULT UNDER THE SECOND
FORM
1ST ELEMENT:
the offender makes an attack, employs
force, etc...
any offensive or antagonistic
movement or action of any kind
EMPLOY FORCE
the force employed must be
- of serious character
as to indicate determination to
defy the law and its
representative at all hazards
- and appears to have reference to
something more dangerous to civil
society than a simple blow
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
HENCE; the ff does not amount to
direct assault:
• hitting a policeman in the breast
with fist when he resist the arrest
• pushing a policeman and giving him
a fist blow without hitting him.
= in here, the crime committed is
merely resistance to an agent of
person in authority.
EXE: when forced employed need
not be serious in order to constitute
direct assault
- if it is directed against a person in
authority
HENCE; in here,
mere laying of hands upon a
person in authority (slapping)
while in the performance of his
official duties, constitutes
direct assault.
EXE TO EXE: when the force
employed must be serious at all
times
for direct assault under the 2nd form,
to seriously intimidate or seriously
resist a person in authority or any of
his agents
NOTE: in here, the resistance must be
active and not passive.
passive resistance like, throwing
himself in the ground, thus makes it
necessary to raise/carry/drag him
along to jail
- this does jot constitute direct assault,
as it mandates that the resistance
must be serious one, thereby
presupposing that it must be an active
resistance.
NOTE: for serious intimidation, must
produce its effects immediately
2ND ELEMENT:
the person assaulted is a person in
authority or his agent
WHO IS A PERSON IN AUTHORITY
any person directly vested with
jurisdiction, whether as an individual or
as a member of some court or govt
corporation, board or commission
INCLUDES: brgy captain and brgy
chairman
D I R E C T LY V E S T E D W I T H
JURISDICTION; means
- the power or authority to govern and
execute the laws
property
29 of 205
TEST: see the powers and duties
vested on them by laws.
EXAMPLE OF PERSON IN
AUTHORITY
• Division Superintendent of Schools
- as they are vested with the
power of general
superintendence over school
and school interest in his
division, to appoint municipal
school teachers and fix their
salaries, further ff that
education is a state function
and public policy demands
adequate protection
• President of Sanitary Division
- expressly vested with the
power to enforce all sanitary
laws and regulations
applicable to his division, and
to cause the prosecution of
those who violated it.
• Teachers, Professors and persons
charged with the supervision of the
public or duly recognized private
schools, colleges, universities
RATION:
to uphold the respect of
teachers by pupils, their
parents or relatives.
NOTE: not a valid defense;
ignorance that the person assaulted
is a person in authority
- as a status that a person is a person
in authority a matter of law
follows then ignorance thereof
excuses no one.
CONTRA: US vs Alvear
- knowledge that the offended
party is a person in authority
or its agent is essential
- as the accused must have
acted with intention to offend,
injure or assault the offended
party as a person in authority
or its agent
PEOPLE vs BAESA
- offender must have an
intention to defy the autorities
WHO IS AN AGENT OF PERSON IN
AUTHORITY
is one who, by direct provision of law
or by election or by appointment by
competent authority, is charged with
• maintenance of public order and
• protection and security of life and
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BOOK II

THIS INCLUDES
peace. in here, since the justice of
peace is already acting on the
• municipal treasurer, because he is matter, he no longer have the
only a deputy ex-oficio of he authority to intervene.
provincial treasurer • teacher who was assaulted when he
• policeman was outside the classroom, while
• postmaster, because ye is only an
agent of the Director of Posts, a
person in authority
talking to his debtors.

NOTE: deemed in the performance of

• Rural Policeman, even though he is his duties, even while traveling,if such
not provided with a uniform and is an official travel, or on occasion of
does not receive payment, as he is
appointed mayor of the town
• sheriff

performing his duties. ie. nag papatrol.

NOTE: when a person in authority

• agents of the BIR or their agents cease to act in their
• malacanang confidential agent
official capacity
• justice of peace
• municipal councilor, mayor
• when the nature of their acts
• brgy captain
descended to matters which are
• teachers, professors, public/private

NOTE: function of the person in

private in nature
- hence, an attacked on their
authority or his agent must be person occasioned thereby
clearly shown in the info does not constitute as direct
- as mere assertion that the victim is a
person in authority or agent, constitute
as a conclusion of law, which the law
assault.

HOWEVER; when an agent of

finds inadequate to support the a person in authority agrees to
fight, arising from matters

contention of direct assault.

NOTE: attacking a special agent of

within the scope of his duties,
- the assault made by the
Manila Railroad Co., even while in other still constitute as direct
the performance of his duty, is not a assault
direct assault AS: the character of a
- as it shows, hat the function of the person in authority or
vicim is only limited to the protection of his agent is not
the interest of the company. assumed or laid off at
kaya,treated only as physical will
- but attaches until he
injury.
ceases to be in the
3RD ELEMENT
in the performance of duty or by reason office.

• when the person in authority or their

thereof
THE OFFENSE MUST BE
agents acted beyond the scope of
their authority
- as in case of such, they
COMMITTED become an unlawful
1. while the person in authority or his aggressor, and any attack
agent is engaged in the actual committed by the accused
performance of his duties; or against them is justified under
2. at least that the assault or the principle of self-defense.
intimidation is done by reason of - when a person in authority or

the past performance of said duty.

HENCE; the ff are not deemed while in

the performance of his duties
• assaulted a mayor when the same
tried to stop him in causing
commotion in in a political meeting
held by the mayor. in here, the
mayor is not acting in his duties, but
motivated by his desire that the
his agent is the one who
provokes and attacks another
person, the latter is entitled to
defend himself and cannot be
held liable for assault or
resistance for physical injuries,
because he acts in legitimate
defense.

meeting would not end up a failure.

• assaulted a barrio lieutenant, when

it tried to intervene in a case already
being investigated by the justice of
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EFFECT IF BOTH THE OFFENDER AND

THE OFFENDED PARTY ARE BOTH INDIRECT ASSULT

PERSON IN AUTHORITY OR ITS AGENT

PAG OFFENDER IS ALSO A PERSON IN ART. 149

AUTHORITY The penalty of prision correccional in its

- aggravating

HOWEVER; NO DIRECT ASSULT WHEN IT

RESULTS FROM
contention in the exercise of their respective
duties,
- since there can be no rebellion against the
principle of authority, but only an endeavor to
enforce the authority which each of the
minimum and medium periods and a fine not
exceeding P500 pesos shall be imposed upon
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 next preceding article.

ELEMENTS

disputants represents.

BY REASON OF PERFORMANCE OF DUTY

PRESUPPOSES
that the offended person in authority or their
agents, need not be in actual performance of
their duties.
enough na: that the assault is a result
of the performance of his duties (past
agent
1. that the person in authority or his agent is
the victim of the forms of direct assault
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 person of authority or his

performance)

IN HERE:
HENCE: for there to be an indirect assault, it
presupposes that there is direct assault.
- so no indirect assault when the
motives of the accused becomes person attacked is the person who
essential. come to aid the agent of person in
- unlike when the offended person in authority (mere policeman). as there is
authority or its agent is in he actual no direct assault, as the person
performance of their duties, motives of attacked is not the victim of the direct

the accused is irrelevant or immaterial

WITHOUT PUBLIC UPRISING

assault

if a person come to an aid of person in

OTHERWISE; it may be a sedition

2 KINDS OF ASSULT UNDER THE 2ND

authority, it makes him as an agent of person
in authority (policeman)
- does, the attack upon his person constitute
FORM
1. simple assault
as direct assault

2. qualified assault

DIRECT ASSAULT IS QUALIFIED

1. when it is committed with a weapon
2. when the offender is a public officer or
employee
3. when the offender lays hands upon a
however, if he come to an aid of an agent of
person in authority
- that attack upon his person does not
constitute as direct assault, as he is not
deemed as an agent of person in authority.
- indirect assault yung na commit

person in authority

COMPLEX CRIME OF DIRECT ASSULT

WITH HOMICIDE OR MURDER, OR WITH
SERIOUS PHYSICAL INJURIES
- while for slight physical injuries, it is absorbed

by direct assault

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
DISOBEDIENCE TO THE
NATIONAL ASSEMBLY OR ITS
COMMITTEE/CONSTITUTIONAL
COMMISSION
ART. 150
The penalty of arresto mayor or a fine ranging
from two hundred to one thousand pesos, or
both such fine and imprisonment shall be
imposed upon any person who, having been
duly summoned to attend as a witness before
the National Assembly, (Congress), its special
or standing committees and subcommittees,
the Constitutional Commissions and its
committees, subcommittees, or divisions, or
before any commission or committee chairman
or member authorized to summon witnesses,
refuses, without legal excuse, to obey such
summons, or being present before any such
legislative or constitutional body or official,
refuses to be sworn or placed under
affirmation or to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their
functions. The same penalty shall be imposed
upon any person who shall restrain another
from attending as a witness, or who shall
induce disobedience to a summon or refusal to
be sworn by any such body or official.
ACTS PUNISHABLE UNDER ART. 150
1. by refusing, without legal excuse, to obey
summons of the Congress, its special or
standing committees and subcommittees,
the Constitutional commissions and its
committees, subcommittees or divisions, or
by any commission or committee chairman
or member authorized to summon
witnesses
2. by refusing to be sworn or placed under
affirmative while being before such
legislative or constitutional body or official
3. by refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required
by them to do so in the exercise of their
functions
4. by restraining another from attending as a
witness in such legislative or constitutional
body
5. by inducing disobedience to a summons or
refusal to be sworn by any such body or
official
THE REFUSAL MUST BE WITHOUT LEGAL
EXCUSE
the congress.
HENCE VALID DEFENSE
when such tantamount to violation of right
against self-incrimination
32 of 205
NOTE: Reyes's book says that
compelling one to produce documents
may amount to self-incrimination
- which i would humbly disagree, as
such does not amount to testimonial
compulsion
NOTE: when required by them to so so in
the exercise of their function
- hence; the compulsion must arise from a
valid exercise of their jurisdiction or authority.
NOTE: art. 150 is without prejudice to the
contempt power of the congress
- the court may not intervene in the exercise of
such legislative power, ff separation of powers.
exe; on such matter not amounting to the
release of the prisoner.
RATION OF ART. 150
the power of inquiry, with process to enforce it,
is an essential and appropriate auxiliary to the
legislative functions.
RESISTANCE AND
DISOBEDIENCE TO A
PERSON IN AUTHORITY /
THE AGENT OF SUCH PERSON
ART. 151
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
any person who not being included in the
provisions of the preceding articles shall resist
or seriously disobey any person in authority, or
the agents of such person, while engaged in
the performance of official duties.
When the disobedience to an agent of a
person in authority is not of a serious nature,
the penalty of arresto menor or a fine ranging
from 10 to P100 pesos shall be imposed upon
the offender.
R E S I S TA N C E AND SERIOUS
DISOBEDIENCE
ELEMENTS
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. when the offender resists or seriously
disobeys such person in authority or his
agent
3. that the act of the offender is not included in
direct or indirect assault, or disobedience to
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N AT U R E O F T H E O F F E N S E O F THE ORDER MUST BE LAWFUL

RESISTANCE OR SERIOUS DISOBEDIENCE OTHERWISE; the resistance is justified under
the failure to comply with orders directly issued
by the authorities in the exercise of their official
duties.

the doctrine of self-defense

THE DISOBEDIENCE MUST BE NOT OF

- and not on non-compliance with legal
provision of general character or judicial SERIOUS NATURE
decision which is merely declaration of rights OTHERWISE; the act shall fall under

and obligations.

SERIOUS DISOBEDIENCE

HENCE: the refusal must be directed against a DIRECT ASSAULT RESISTANCE OR

direct order. SERIOUS
so no disobedience, when he refusal is DISOBEDIENCE
on writ of execution,
- as writ of execution is an order THE PERSON IN AUTHORITY OR HIS
issued by the court directing a sheriff, AGENT MUST BE
and not the accused personally.

WHILE ENGAGED IN THE PERFORMANCE
engaged in the
performance of
must be in the
A C T U A L
OF OFFICIAL DUTIES official duties or performance of his
- the resistance or disobedience must be that he is assaulted duties.
directed against the lawful exercise if official by reason thereof

duties

NOTE: the accused must have the

COMMITTED IN THE FF FORM
(in re: direct assault 2nd form)
knowledge that the person arresting him is
a peace officer 1. by attacking only by resisting or
otherwise, such resistance does not constitute 2. by employing seriously disobeying
force a person in authority

as an offense.

hence; failure to identify themselves as

3. by seriously
intimidating; and
or his agent

members of the police to execute the 4. by seriously

arrest, resisting a person in
- refusal of the accuse does not authority or his
agent

constitute as an offense.

NOTE: resistance is justified when the AS TO THE FORCE EMPLOYED

person in authority or his agent acted

beyond the scope of their authority
must be deliberate no force employed.
ie. of serious disobedience and resistance
inflicting bodily harm against a police making a

and serious

or any degree of

valid arrest.
resistance if directed
against person in

SIMPLE DISOBEDIENCE

ELEMENTS
authority

1. that an agent of a person in authority is SHALL RESIST OR SERIOUSLY DISOBEY

engaged in the performance of official duty
or gives a lawful order to the offender
2. that the offender disobeys such agent of a
person in authority
3. that such disobedience is not of serious
- not used to describe the nature of the
resistance,
as, if the offender seriously resisted a
person in authority of his agent, the

nature
crime committed is direct assault.

NOTE: when the attack or employment of

HENCE: for simple disobedience, it is force is not deliberate, the crime committed
directed only to an agent of person in is only resistance or disobedience. (simple

authority

ie:
disobedience)
- in here kasi, no deliberate intent to ignore,
the act of lying on the road and
refusing, despite of the order of the

disregard or defy the authority or his agents

PNP major, to get out therefrom, to

maintain free passage therefrom.

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PERSONS IN AUTHORITY AND

AGENTS OF PERSONS IN AUTHORITY

ART. 152
In applying the provisions of the preceding and
other articles of this Code, any person directly
vested with jurisdiction, whether as an
individual or as a member of some court or
governmental corporation, board, or
commission, shall be deemed a person in
authority. A barrio captain and a barangay
chairman shall also be deemed a person in

authority.

A 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 a barrio councilman,
barrio policeman and barangay leader and any
person who comes to the aid of persons in
authority, shall be deemed an agent of a

person in authority.

In applying the provisions of Articles 148 and

151 of this Code, 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.

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BOOK II

THE FF ARE TUMULTS AND OTHER

PUBLIC DISORDER
TUMULTUOUS DISTURBANCE
OR INTERRUPTION OF PUBLIC
ORDER
ART. 153
The penalty of arresto mayor in its medium
period to prision correccional in its minimum
period and a fine not exceeding 1,000 pesos
shall be imposed upon any person who shall
cause any serious disturbance in a public
who has been legally executed.
DISTURBANCES OF PUBLIC ORDER
1. causing any serious disturbance in a public
area, office or establishment
2. interruption or disturbing performances,
functions or gatherings or peaceful
meetings, if the act is not included in Art.
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
provokes a disturbance of public order in
such place
5. burying with pomp the body of a person

SERIOUS DISTURBANCE MUST BE

place, office, or establishment, or shall
PLANNED OR INTENDED
interrupt or disturb public performances,
OTHERWISE: only liable for alarms and
functions or gatherings, or peaceful meetings,
if the act is not included in the provisions of

scandals

Articles 131 and 132.

The penalty next higher in degree shall be

hence, if the disturbance is merely
slight, but escalated to a serious one
due to the tension running very high at
imposed upon persons causing any
that time
disturbance or interruption of a tumultuous
- in here, the serious disturbance was

character.

The disturbance or interruption shall be

not planned

IF THE DISTURBANCE OR INTERRUPTION

deemed to be tumultuous if caused by more
IS DIRECTED AGAINST A MEETING OR
than three persons who are armed or provided

with means of violence.

RELIGIOUS WORSHIP

IF COMMITTED BY A PRIVATE PERSON OR

The penalty of arresto mayor shall be imposed
BY A PUBLIC OFFICER WHO IS ALSO A
upon any person who in any meeting,
PARTICIPANT THEREOF
association, or public place, shall make any
- the crime committed is tumultuous
outcry tending to incite rebellion or sedition or
in such place shall display placards or
emblems which provoke a disturbance of the

disturbance

IF COMMITTED BY A PUBLIC OFFICIAL

public order.
- the crime committed may either fall under Art.
The penalty of arresto menor and a fine not to
exceed P200 pesos shall be imposed upon

131 or 132

OUTCRY; defined
these persons who in violation of the
to shout subversive or provocative words
provisions contained in the last clause of
tending to stir up the people to obtain by
Article 85, shall bury with pomp the body of a
means of force or violence any of the objects

person who has been legally executed.

of rebellion or sedition.

INCITING TO PUBLIC DISORDER

SEDITION OR
REBELLION

the outcry here, the outcry here,

- it is necessary that - is more or less
the offender had unconscious
done the act with the outburst which,
idea aforethought of although rebellious
inducing his hearers or seditious in
or readers to commit nature, is not
the crime of intentionally
rebellion or sedition calculated to induce
others to commit
rebellion or sedition


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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
C I R C U M S TA N C E Q U A L I F Y I N G
DISTURBANCE OR INTERRUPTION
if done in tumultuous character
- a penalty next higher in degree shall
be imposed
TUMULTUOUS; defined
if it is caused by more than 3 persons who are
armed or provided with means of violence.
NO COMPLEXION OF OTHER COMMON
CRIMES ARISING FROM COMMISSION OF
AN OFFENSE OF SERIOUS DISTURBANCE
H E N C E ; s h o u l d t h e a c c u s e d fi r e d a
submachine gun causing panic among the
persons present and inflicting serious physical
injury to several people in the process
- 2 distinct crimes are committed.
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
as anonymous.
UTTERANCES
ART. 154
The penalty of arresto mayor and a fine
ranging from P200 to P1,000 pesos shall be
imposed upon:
1. Any person who by means of printing,
lithography, or any other means of
publication shall publish or cause to be
published as news any false news which
may endanger the public order, or cause
damage to the interest or credit of the
State;
2. Any person who by the same means, or by
words, utterances or speeches shall
encourage disobedience to the law or to
the constituted authorities or praise, justify,
or extol any act punished by law;
3. Any person who shall maliciously publish or
cause to be published any official resolution
or document without proper authority, or
before they have been published officially;
or
4. Any person who shall print, publish, or
distribute or cause to be printed, published,
or distributed books, pamphlets,
periodicals, or leaflets which do not bear
the real printer's name, or which are
classified as anonymous.
the provisions of Article 153 applicable.
36 of 205
ACTS PUNISHABLE UNDER ART. 154
1. by publishing or causing to be published by
means of printing, lithography or any other
means of publication, as news and false
news which may engender the public order,
or cause damage to the interest or credit of
the state
2. by encouraging disobedience to the law or
to the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches
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
causing the same) books, pamphlets,
periodicals or leaflets which do not bear the
real printer's name, or which are classified
NOT REQUIRED: actual public disorder or
actual damage to the credit of the state
- sufficient na: when it may engender
THE OFFENDER MUST KNOW THAT THE
NEWS IS FALSE
Nullum crimen, nulla poena, sine legis (not
sure kung eto yung exact latin phrase)
SPECIAL LAW (RA 248)
prohibits the reprinting, reproduction or
republication of govt publication and official
documents without previous authority
- for those published by the DepEd, there must
be previous consent or permission from the
Sec. of Education.
ALARMS AND SCANDALS
ART. 155
The penalty of arresto menor or a fine not
exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public
place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated
to cause alarm or danger;
2. Any person who shall instigate or take an
active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
3. Any person who, while wandering about at
night or while engaged in any other
nocturnal amusements, shall disturb the
public peace; or
4. Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places, provided that the
circumstances of the case shall not make
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ACTS PUNISHABLE
1. d i s c h a r g i n g a n y fi r e a r m s , r o c k e t s ,
firecrackers or other explosive within any
town or public places, calculated to cause
(which produces) alarms or danger
2. instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility
3. disturbing the public peace while wandering
about at night or while engaged in any
other nocturnal amusements
4. causing any disturbances or scandal in
public places while intoxicated or otherwise,
provided art. 153 is not applicable
DISCHARGE OF FIREARMS; must not be
directed against a person
OTHERWISE; art. 254, discharging of firearms
CALCULATED TO CAUSE ALARM OR
DANGER
DOES NOT MEAN THAT THE ACT WAS
INTENDED TO CAUSE ALARM OR SCANDAL
- mistranslation
- rather: correct interpretation of spanish law
it resulted to alarms or scandal.
- the result and not the intent, that
person, or helps the escape of such person
counts
NOTE: art. 155 does not distinguish as to the
particular place in public place where the
discharge is committed.
CHARIVARI; defined
medley of discordant voices, a mock serenade
of discordant noises made on kettles, tins,
horns, etc., designed to annoy and insult
RATION WHY THIS IS PUNISHABLE;
whether as an active participant or
instigator thereof
- to prevent more serious disorder
NOTE: if the disturbance is of a serious
nature
- it would fall within the ambit of art. 153
37 of 205
DELIVERING PRISONERS
FROM JAIL
ART. 156
The penalty of arresto mayor in its maximum
period of prision correccional in its minimum
period shall be imposed upon 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. If
other means are used, the penalty of arresto
mayor shall be imposed.
If the escape of the prisoner shall take place
outside of said establishments by taking the
guards by surprise, the same penalties shall
be imposed in their minimum period.
ELEMENTS:
1. that there is a person confined in a jail or
penal establishment
2. that the offender removes therefrom such
PRISONER COVERS
1. person serving their sentence by final
judgment
2. detention prisioner
3. prisoner confined in hospital or asylum
OFFENDER IS USUALLY AN OUTSIDE
IF COMMITTED BY A PUBLIC OFFICER
WHO HAS CUSTODY OR CHARGE OVER
THE PRISONER
- the crime committed is; infidelity in the
custody of a prisoner
hence; if one who delivers a prisoner
from jail is a prison warden whois off
duty, liable under Art. 156 and not
infidelity of custody of a prisoner
VIOLENCE, INTIMIDATION, OR BRIBERY IS
NOT NECESSARY
- it merely qualifies an offense for the
imposition of a higher penalty.
NOTE: the bribery here is the act of
giving a bribe in order to facilitate the
release of a prisoner
- and not the acceptance of the bribe.
if such is an act of accepting or
agreeing to accept bribe as a
consideration of the commission of the
offense
- it is merely as a generic aggravating
circumstance and not a qualifying
aggravating circumstance. 

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NOT AN ELEMENT: employment of deceit

BY OTHER MEANS

ie. substituting a prisoner by another person

PERSON DELIVERING A PRISONER FROM

J A I L M AY B E T R E AT E D A S A N
ACCESSORY FOR THE CRIME COMMITTED
BY THE PRISONER HE ASSISTED
if the crime committed by the prisoner for
which he is confined or serving sentence is
1. treason
2. murder

3. parricide

ESCAPE OF PRISONER OUTSIDE FROM

PRISON
- the penalty is the minimum period of that

prescribed

LIABILITY OF PRISONER WHO ESCAPES

IF THE ONE WHO ESCAPES IS A

DETENTION PRISONER

- the detention prisoner is not criminally liable

IF THE ONE WHO ESCAPES IS A PRISONER

WHILE SERVING HIS SENTENCE
- liable for; evasion of the service of his

sentence.

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 THE AWESOME NOTES
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BOOK II
EVASION OF SERVICE OF
SENTENCE
EVASION OF SERVICE
OF SENTENCE
employees of the penal institution
ART. 157
The penalty of prision correccional in its
medium and maximum periods shall be
imposed upon any convict who shall evade
service of his sentence by escaping during the
term of his imprisonment by reason of final
judgment. However, if such evasion or escape
shall have taken place by means of unlawful
entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks,
false keys, deceit, violence or intimidation, or
through connivance with other convicts or
employees of the penal institution, the penalty
shall be prision correccional in its maximum
period.
ELEMENTS
1. that the offender is a convict by final
judgment
2. that he is serving his sentence which
consists in derivation of liberty
3. that he evades the service of sentence by
escaping the term of his sentence
SENTENCE MUST BE BY REASON OF
FINAL JUDGMENT
HENCE; art. 157 does not cover:
1. detention prisoners
2. those who escapes while the pendency of
period of appeal or before the judgment of
conviction become final
3. sentence executed by deportation (does
not involves imprisonment)
ESCAPE; defined
to flee from, to avoid, to get out of the way, as
to flee or to avoid arrest.
hence; a person is deemed to have not
escaped, when he just loitered within
the premises of the courthouse
- as otherwise, had he intended to
escape, he should have went to place
making his immediate apprehension
impossible.
ART. 157 APPLIS TO PUNISHMENT OF
DESTIERRO
- kasi may deprivation of liberty parin
 4. that the offender fails to give himself up to
calamity
39 of 205
CIRCUMSTANCES QUALIFYING THE
OFFENSE
1. by means of unlawful entry (by scaling)
2. by breaking doors, windows, gates, walls,
roofs, or floors
3. by using picklocks, false keys, disguise,
deceit, violence or intimidation
4. through connivance with other convicts or
UNLAWFUL ENTRY; defined
escalamiento
- by climbing or scaling walls
EVASION OF SERVICE OF
SENTENCE ON THE OCCASION
OF DISORDERS,
CONFLAGRATIONS,
EARTHQUAKES OR
OTHER CALAMITIES
ART. 158
A convict who shall evade the service of his
sentence, by leaving the penal institution
where he shall have been confined, on the
occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he
has not participated, shall suffer an increase of
one-fifth of the time still remaining to be served
under the original sentence, which in no case
shall exceed six months, if he shall fail to give
himself up to the authorities within forty-eight
hours following the issuance of a proclamation
by the Chief Executive announcing the passing
away of such calamity.
Convicts who, under the circumstances
mentioned in the preceding paragraph, shall
give themselves up to the authorities within the
above mentioned period of 48 hours, shall be
entitled to the deduction provided in Article 98.
ELEMENTS
1. that the offender is a convict by final
judgment, who is confined in a penal
institution
2. that there is a disorder resulting from
conflagration, earthquake, explosion,
similar catastrophe or mutiny in which he
has not participated.
3. that the offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny
the authorities within 48 hrs following the
issuance of proclamation by the Chief
Executive announcing the passing of such
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CRIMINAL LAW
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NOTE: THE PRESIDENT HAS THE FF

• the offender must be convicted by final POWERS: ART. VII SEC. 19 CONSTI
judgment TO GRANT; after final judgment

• the offender must leave the penal institution

AS BETWEEN THOSE WHO REMAIN

1. reprieves
2. commutations
3. pardon
AND THOSE WHO LEAVE BUT 4. remit fines and forfeiture; and
RETURNED TO THE PRISON 5. amnesty; with the concurrence of
WITHIN 48 HRS FROM THE a majority of all members of the
PROCLAMATION OF THE CHIEF Congress. (note: in here, final
EXECUTIVE THAT THE CALAMITY
HAD PASSED
- the latter is entitled to 1/5 deduction

judgment is not necessary)

EXE TO 1-4
of the period of his sentence (original 1. in cases of impeachment;

sentence?) or
2. as otherwise provided in
WHAT IS PUNISHED
is not the leaving of the penal institution, but
failure to give himself up to the authorities
the constitution.

UNDER REVISED ADMINISTRATIVE

within the 48 hrs from the announcement of CODE SEC. 64i

the Chief Executive.

PENALTY FOR FAILURE TO GIVE HIMSELF

TO GRANT TO CONVICTED
PERSON
1. reprieves or pardon, either plenary
UP WITHIN THE 48 HRS FROM or partial, conditional or
ANNOUNCEMENT unconditional
INCREASED PENALTY OF 2. suspend sentence without pardon,
1/5 of the time still remaining to be served subject to such condition as he
under the original sentence may impose; and
NOT EXCEEDING 3. a u t h o r i z e t h e a r r e s t a n d
6mos reincarceration of any such
person, who, in his judgment, shall
MUTINY; defined fail to comply with the condition/s
organized unlawful resistance to a superior of his pardon, parole or

officer

Hence; should the prisoners disarmed

suspension of sentence.

the guards and then escapes, when
they surrendered, they are not entitled
to 1/5 reduction, as the guards are not
there superior officers.
- liable for evasion of sentence under
art. 157
exe: not liable
- when the prisoner acted
N AT U R E O F C O N D I T I O N A L
PARDON
is a contract between the Chief
Executive, who grants pardon, and the
convict, who accepts it, who must
comply with it according to its strict
ELEMENTS
terms.

u n d e r t h e i n fl u e n c e o f 1. that the offender was a convict

uncontrollable fear of an equal 2. that he was granted a conditional pardon
or greater injury by the Chief Executive
3. that he violated any of the conditions of

OTHER CASES OF EVASION such pardon

OF SERVICE OF SENTENCE
2 PENALTIES

• PC IN ITS MIN PERIOD

- if the penalty remitted does not
ART. 159
The penalty of prision correccional in its
minimum period shall be imposed upon the

exceed 6 years

• UNEXPIRED PORTION OF HIS ORIGINAL

convict who, having been granted conditional
SENTENCE
pardon by the Chief Executive, shall violate
- if the penalty remitted is higher than.
any of the conditions of such pardon. However,
if the penalty remitted by the granting of such
pardon be higher than six years, the convict

6 years

penalty remitted
shall then suffer the unexpired portion of his
- is the unserved portion of his

original sentence.
sentence at the time he was granted
the reprieve

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should the penalty remitted does
not exceed 6 years
- the accused cannot be compelled by
the court to serve the PC on its min
period plus the unexpired portion of his
already prescribed, and none in the
circumstance shows that the condition
attached on the conditional pardon is
extend beyond the period of he
remitted sentence.

sentence.

JURISDICTION IN CASE OF VIOLATION OF




CONDITIONAL PARDON.
shall fall within the territorial jurisdiction where
he committed the subsequent offense, and not
in the place where he committed the pardoned
offense.
- as violation of conditional pardon is a distinct
pardon.
- hence, it also follows that violation of

conditional pardon is a substantive offense.

NOTE: condition extends to special laws

- hence, subsequent offense after the
conditional pardon, punishable under a
special penal law, constitute as a violation of

the conditional pardon.

VIOLATION OF CONDITIONAL PARDON

W H E N T H E P E N A LT Y R E M I TTE D IS
DESTIERRO
since in destierro, it has a duration of 6mos
and 1 day to 6 years,
- hence, the penalty imposable is PC in its min
period. (less than 6 years yung remitted
penalty kasi.
- under no circumstance that the penalty shall

be destierro also.

HOWEVER: old case People vs Ponce

de Leon
- held that destierro is not applicable to

Art. 159

NOTE: under art. 159, is one of the instance

where the accused can be arrested and

reincarcerated even without trial.

NOTE: period when convict was at liberty,

not deducted in case he is recommitted

D U R AT I O N O F T H E C O N D I T I O N
SUBSEQUENT IS LIMITED TO THE
REMAINING PERIOD
EXE:
an intention to extend it beyond that time was
manifest from the nature of the condition or

language in which it was imposed.

hence: for example a convict was

granted a conditional pardon, with a
remaining 1 year of his sentence to be
still served. after such, he was
released. two years from his release,
he met a vehicular accident on which
he was found to be negligent.
- in here, no offense for violation of
unconditional pardon, as the accident
happen after the remitted offense had

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THE SECOND CRIME MUST BE A FELONY

- as the penalty imposable should the accused
COMMISSION OF ANOTHER is a quasi-recidivist is the maximum period of
CRIME DURING SERVICE OF
PENALTY FOR ANOTHER
the penalty for the new felony.

HENCE: if punishable by special law,

PREVIOUS OFFENSE wherein ordinarily it only imposes a
fi x e d p e r i o d o f p e n a l t y, q u a s i -
recidivism shall find no application

QUASI-RECIVIDISM

then.

EXE: when the special law adopts the

penalty as provided in RPC

ART. 160
(opinion ko lang to)

HOWEVER: the first crime need not be

Besides the provisions of Rule 5 of Article 62,
any person who shall commit a felony after
having been convicted by final judgment,
felony.

NOTE: for quasi-recidivism, the law does

before beginning to serve such sentence, or
while serving the same, shall be punished by not require that the 2 offenses are
the maximum period of the penalty prescribed

embraced in the same title of the code.

by law for the new felony.

Any convict of the class referred to in this

article, who is not a habitual criminal, shall be
pardoned at the age of seventy years if he
shall have already served out his original
sentence, or when he shall complete it after
reaching the said age, unless by reason of his
conduct or other circumstances he shall not be
NOTE: quasi-recidivism cannot be offset by
an ordinary mitigating circumstances.
- hence, even though the accused voluntarily
surrendered and plead guilty, it shall not affect
the imposition of penalty when he committed
the subsequent offense occasion with quasi-
recidivism.

PARDON ON QUASI-RECIDIVIST ACCUSED

worthy of such clemency.

NATURE
ONLY WHEN
1. he has reached 70 years of age and has
A SPECIAL QUALIFYING CIRCUMSTANCE already served out his original sentence; or
a person, after having been convicted by final 2. complete his original sentence after
judgment,
shall commit a new felony reaching 70 years of age

EXE: when by reason of his conduct or other

• before beginning to serve such
sentence, or circumstances, he shall not be worth of such

• while serving the same

clemency. ie. habitual criminal

THE PENALTY QUASI-REIDIVISM REITERACION

- the maximum period of the penalty

ELEMENTS

prescribed by law for the new felony
the accused had yet
to serve or still
requires that the
offender against
1. the offender was already convicted by final serving the sentence whom it is
judgment of one offense for the prior offense considered
2. that he committed new felony before - have served out
beginning to serve such sentence or while his sentence for the
prior offense
serving the same

BEFORE BEGINNING TO SERVE SUCH

SENTENCE
- covers those whose conviction is on appeal
and committed an offense while under

detention

WHILE SERVING SENTENCE

- dapat, the conviction here already attained

finality

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CRIMINAL LAW
BOOK II

TITLE FOUR
CRIMES AGAINST PUBLIC FORGERIES
INTEREST

FORGERIES
FORGING THE SEAL OF THE GOVT OF THE
PHIL ISLANDS, THE SIGNATURE OR
1. forging the seal of the govt, signature or STAMP OF THE CHIEF EXECUTIVE
stamp of the chief executive and use
thereof.
2. counterfeiting coins
3. mutilation of coins FORGING THE SEAL OF THE
4. forging treasury or bank notes or other GOVT OF THE PHIL ISLANDS,
documents payable to bearer
5. counterfeiting instruments not payable to
THE SIGNATURE OR STAMP
bearer OF THE CHIEF EXECUTIVE
6. falsification of legislative documents
7. falsification by public officer, employee or
notary or ecclesiastical minister ART. 161
8. falsification by private individuals and use The penalty of reclusion temporal shall be
of falsified documents imposed upon any person who shall forge the
9. falsification of wireless, cable, telegraphy Great Seal of the Government of the Philippine
and telephone messages Islands or the signature or stamp of the Chief
10. falsification of medical certificates,

certificate of merit or service

Executive.

OTHER FALSITIES
1. using false certificates
2. m a n u f a c t u r i n g a n d p o s s e s s i o n o f
instruments or implements for falsification
3. usurpation of authority or official functions
4. using fictitious name and concealing true
ACTS PUNISHED
1. forging the Great Seal of the Govt of the
Phil
2. forging the signature of the President
3. forging the stamp of the President

THE GREAT SEAL OF THE RP

name
5. illegal use of uniform and insignia
6. false testimony against a defendant
7. false testimony favorable to a defendant
8. false testimony in a civil case
9. false testimony in other cases and perjury
10. offering false testimony in evidence
(REVISED ADMIN CODE)
• is a circular in form, with arms consisting of
paleways of 2 pieces, azure and gules
• a chief argent studded with 3 golden stars
equidistant from each other
• in point of honor, ovoid argent over the sun

FRAUDS
rayonnant with 8 minor and lesser rays
• in sinister base gules, the Lion Rampant of
Spain
1. machination in a public auction
• the dexter base azure, the American eagle
2. monopolies and combinations in restraint of displayed proper; and
trade
• surrounding the whole is a double marginal
3. importation and disposition of falsely circle within which are the words Republic of
marked articles or merchandise made of
gold, silvers or other precious metals or
alloys
the Philippines

CUSTOD OF THE GREAT SEAL

4. substituting and altering trademarks and
trade names or service marks
5. u n f a i r c o m p e t i t i o n a n d f r a u d u l e n t

by the President of the Phil

USE OF GREAT SEAL

registration of trade marks or trade names shall be affixed to or placed upon all
or service mark; fraudulent designation of 1. commissions signed by the president
origin and false description
 2. other official documents and papers of the
RP
3. as may be required by custom and usage in

the discretion of the President

NOTE: for here, the offense is not falsification

of public document but art. 161

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
USING FORGED
SIGNATURE OR COUNTERFEIT
SEAL OR STAMP
ART. 162
The penalty of prision mayor shall be imposed
foreign country.
upon any person who shall knowingly make
use of the counterfeit seal or forged signature
or stamp mentioned in the preceding article.
ELEMENTS
1. that the Great Seal of the Republic was
counterfeited or the signature or stamp of
the Chief Executive was forged by another
importers or counterfeiters
person
2. that the offender knew of the counterfeiting
or forgery; and
3. that he used the counterfeit seal or forged
signature or stamp
NOTE: the offender here must not be the
forger
- otherwise, the offense would fall under art.
161
NOTE: while the accused here is the
accessory of the crime committed in under Art.
161
- however, his penalty shall be only one degree
lower, when ordinarily 2 degrees lower shall be
imposed as a penalty for accessory.
THE FF ARE CRIMES UNDER
COUNTERFEITING COINS
COUNTERFEITING COINS:
1. making and importing and uttering false
coins
2. mutilation, and importation and utterance of
mutilated coins
before entry at the Custom House
3. selling of false or mutilated coins, without
connivance.
MAKING, AND IMPORTING AND
UTTERING FALSE COINS
absence of gain which he intended
ART. 163
Any person who makes, imports, or utters,
false coins, in connivance with counterfeiters,
or importers, shall suffer:
1. Prision mayor in its minimum and medium
periods and a fine not to exceed P10,000
pesos, if the counterfeited coin be silver
coin of the Philippines or coin of the Central
Bank of the Philippines of ten centavo
denomination or above.
2. Prision correccional in its minimum and
medium periods and a fine of not to exceed
P2,000 pesos, if the counterfeited coins be
44 of 205
any of the minor coinage of the Philippines
or of the Central Bank of the Philippines
below ten-centavo denomination.
3. Prision correccional in its minimum period
and a fine not to exceed P1,000 pesos, if
the counterfeited coin be currency of a
ELEMENTS
1. that there be false or counterfeited coins
2. that the offender either made, imported or
uttered such coins
3. that in case of uttering such false or
counterfeited coins, he connived with the
COIN; defined
a piece of metal stamped with certain marks
and made current at a certain value
WHEN IS A COIN FALSE OR
COUNTERFEITED
if it is forged or if it is not authorized by the
Govt as legal tender, regardless of its intrinsic
value
THERE MUST BE AN IMITATION OF
THE PECULIAR DESIGN OF A
GENUINE COIN
hence, not criminally liable when what
he counterfeited is a copper coin, and
made such counterfeited coin on a
silver plated metal.
- however, should he used the
counterfeited coin (ie. in purchasing),
he may be held criminally liable for
estafa
IMPORT; defined
to bring them into port
note: importation is complete even
UTTER; defined
to pass counterfeited coin
it covers
• when he used it in purchasing
• even in oreparatory act of counting
prior to delivery, despite of the
KINDS OF COINS THE COUNTERFEITING
OF WHIS IS PUNISHED
1. silver coins and coins of minor coinage of
the Philippines or of the BSP
2. coins of currency of a foreign country
minor coins
- coins with a denomination of 10 cents
and below
N O T E : A R T. 1 6 3 . C O V E S C O I N S
WITHDRAWN FROM CIRCULATION
- as the law did not qualify it to apply only to
current coins.
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 THE AWESOME NOTES
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MUTILATION OF COINS
ART. 164
The penalty of prision correccional in its
3. knowledge
minimum period and a fine not to exceed
P2,000 pesos shall be imposed upon any
person who shall mutilate coins of the legal
currency of the United States or of the
2. knowledge
Philippine Islands or import or utter mutilated
current coins, or in connivance with mutilators
or importers.
ACTS PUNISHED UNDER ART. 164
1. mutilating coins of the legal currency, with
further requirement that there be intent to
damage or to defraud another
2. importation or uttering such mutilated coins,
with the further requirement that there must
be connivance with the mutilator or importer
in case of uttering
MUTILATION; defined
to take off part of he metal either by filing it or
substituting if for another metal of inferior
quality
- to diminish, by ingenious means the metal in
the coin
ART. 164 COVERS MUTILATION OF---
coins which are a legal tender in the
Philippines
HENCE; no crime for mutilation of
coins of foreign currency
SELLING OF MUTILATED
OR FALSE COINS
WITHOUT CONNIVANCE
ART. 165
The person who knowingly, although without
the connivance mentioned in the preceding
articles, shall possess false or mutilated coin
with intent to utter the same, or shall actually
utter such coin, shall suffer a penalty lower by
one degree than that prescribed in said
articles.
ACTS PUNISHED
1. possession of coin, counterfeited or
mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated
2. actually uttering such false or mutilated
coin, knowing the same to be false or
mutilated
States or of the Philippine Islands" shall be
45 of 205
ELEMENTS FOR #1
1. possession
2. with intent to utter
ELEMENTS FOR #2
1. actually uttering; and
NOTE: possession of or uttering false coin
does not require that the counterfeited coin
is a legal tender
- hence, covers those coins withdrawn from
circulation and foreign currencies.
CONSTRUCTIVE POSSESSION IS
INCLUDED
OTHERWISE; offender could easily evade the
law by mere expedient of placing other
persons in actual and physical possession of
the thing,
while still retaining constructive
possession or actual control over the
same.
NOTE: possession of counterfeiter or
importer not punished as a separate
offense
FORGING TREASURY / BANK NOTES,
OBLIGATIONS & SECURITIES; IMPORTING
OR UTTERING FALSE / FORGED NOTES,
OBLIGATIONS & SECURITIES
FORGING TREASURY / BANK
NOTES / OTHER DOCUMENTS
PAYABLE TO BEARER;
IMPORTING, AND UTTERING
SUCH FALSE / FORGED NOTES
& DOCUMENTS
ART. 166
The forging or falsification of treasury or bank
notes or certificates or other obligations and
securities payable to bearer and the
importation and uttering in connivance with
forgers or importers of such false or forged
obligations or notes, shall be punished as
follows:
1. By reclusion temporal in its minimum period
and a fine not to exceed P10,000 pesos, if the
d o c u m e n t w h i c h h a s b e e n f a l s i fi e d ,
counterfeited, or altered, is an obligations or
security of the United States or of the
Philippines Islands.
The word "obligation or security of the United
held to mean all bonds, certificates of
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 THE AWESOME NOTES
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BOOK II
indebtedness, national bank notes, fractional
notes, certificates of deposit, bills, checks, or
drafts for money, drawn by or upon authorized
officers of the United States or of the Philippine
Islands, and other representatives of value, of
whatever denomination, which have been or
may be issued under any act of the Congress
of the United States or of the Philippine
Legislature.
2. By prision mayor in its maximum period and
a fine not to exceed P5,000 pesos, if the
falsified or altered document is a circulating
note issued by any banking association duly
authorized by law to issue the same.
3. By prision mayor in its medium period and a
fine not to exceed P5,000 pesos, if the falsified
or counterfeited document was issued by a
foreign government.
4. By prision mayor in its minimum period and
a fine not to exceed P2,000 pesos, when the
forged or altered document is a circulating note
or bill issued by a foreign bank duly authorized
therefor.
3 ACTS PUNISHABLE UNDER ART. 166
1. forging or falsification of treasury or bank
indorsement in blank.
notes or other documents payable to
bearer.
2. importation of such false or forged
obligations or notes
3. uttering of such false or forged obligations
or notes in concurrence with the forge or
importer.
HOW FORGING IS COMMITTED
by giving it the appearance of a true and
genuine document
bank duly authorized to issue the same.
HOW FALSIFICATION IS COMMITTED
by erasing , substituting, counterfeiting, or
altering by any means, the figures, letters,
words or signs contained therein.
IMPORTATION OF FALSE OR FORGED
OBLIGATIONS OR NOTES; defined
to bring them into the Philippines
which presupposes that the obligation
or notes are falsified in a foreign
country
UTTERING FALSE OR FORGED
OBLIGATIONS OR NOTES; defined
offering obligations or notes knowing them to
be false or forged, whether such offer is
accepted or not,
with a representation, by words or
actions,
- that they are genuine and with an
intent to defraud
46 of 205
TO CONSTITUTE AN OFFENSE OF
UTTERING FORGED BILL
THERE MUST BE
- a connivance with the forger
NOTES AND OTHER OBLIGATIONS AND
SECURITIES THAT MAY BE FORGED OR
FALSIFIED
1. treasury or bank notes
2. certificates
3. other obligations and securities, payable to
bearer
INSTRUMENT IS PAYABLE TO
BEARER; when
1. it is expressed to be so payable;
2. it is payable to a person named
therein or bearer;
3. it is payable to the order of a
fictitious or non-existing person,
and such fact was known to the
person making it so payable;
4. the name of the payee does not
purport to be the name of any
person;
5. the only or last indorsement is an
PENALTIES DEPEND ON THE KIND OF
FORGED TREASURY OR BANK NOTES OR
OTHER DOCUMENTS
1. obligation or security issued by the Govt of
the Phil
2. circulating notes issue by any banking
association duly authorized by law to issue
the same
3. documents issued by a foreign govt
4. circulating note or bill issued by a foreign
RATION WHY GREATER PENALTY IS
IMPOSED FOR FORGING OR
FALSIFICATION OF BANK NOTES AND OF
DOCUMENTS OF CREDIT PAYABLE TO
BEARER THAN COUNTERFEITING COINS
as the former tend to bring such documents
into the discredit and the offense produces a
lack of confidence on the part of the holder of
said documents to the prejudice of the interest
of the society and of the state.
and greater incentive can be derived from the
former than that of the latter.
ie: of forging obligation or security
- a winning sweepstakes ticket.
NOTE: Art 166 no longer covers obligations
or security of the US (for par 1)
RATHER; it shall be treated as document
issued by a foreign govt, falling under par. 3 of
art. 166
NATIONAL BANK NOTES
money bills issued by the BSP
- 20, 50, 100, 500 and 1000 bills
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
T H E F F A R E O B L I G AT I O N A N D
SECURITIES OF THE PHILIPPINES
1. bonds
2. certificate of indebtedness
3. national bank notes
4. coupons
5. treasury notes
6. fractional notes
govt of worthless notes and obligation.
7. certificates of deposits
8. bills
9. checks
10. drafts for money; and
11. other representation of value issued under
any Act of Congress.
NOTE: ART 166 does not cover commercial
documents
ie: checks issued by PNB
COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ART. 167
Any person who shall forge, import or utter, in
connivance with the forgers or importers, any
instrument payable to order or other document
of credit not payable to bearer, shall suffer the
penalties of prision correccional in its medium
and maximum periods and a fine not
exceeding P6,000 pesos.
ELEMENTS
1. that there be an instrument payable to
order or other document of credit not
payable to bearer
2. that the offender either forged, imported or
uttered such instrument
3. that in case of uttering, he connived with
such forged or falsified instruments
the forger or importer
ART. 167 LIMITED ONLY TO INSTRUMENTS
PAYABLE TO ORDER
IT IS PAYABLE TO ORDER WHEN
- it is drawn to the order of a specified person
or to him or his order.
ART. 167 COVERS INSTRUMENTS AND
OTHER DOCUMENTS OF CREDIT USSUED
BY A FOREIGN GOVT OR BANK
as it punishes an act of importing, without
intent to use.
specifying the country of govt issuing them
NOTE: ang gulo
FALSIFICATION OF US TREASURY
WA R R A N T N O T PAYA B L E T O
BEARER
- art. 172
U T T E R I N G O F FA L S I F I E D U S
TREASURY WARRANTS
- art. 166
 possession of forged bank bills
47 of 205
RATION FOR PUNISHING FORGERY
1. maintain the integrity of the currency and
thus insure the credit standing of the govt;
and
2. prevent the imposition on the public and the
NOTE: connivance is not required in
uttering if the utterer is also the forger
ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR
BANK NOTES AND OTHER
INSTRUMENTS OF CREDITS
ART. 168
Unless the act be one of those coming under
the provisions of any of the preceding articles,
any person who shall knowingly use or have in
his possession, with intent to use any of the
false or falsified instruments referred to in this
section, shall suffer the penalty next lower in
degree than that prescribed in said articles
ELEMENTS
1. that nay treasury or bank notes or
certificates or other obligation and security
payable to bearer, or any instrument
payable to order or other document of
credit not payable to bearer, is forged or
falsified by another person
2. that the offender knows that any of those
instruments is forged or falsified
3. that he performs any of these acts-
• using any of such forged or falsified
instruments; or
• possessing with intent to use any of
NOTE:
THERE MUST BE AN INTENT TO USE
- mere possession alone of false treasury or
bank notes, without any intention to use, is not
punishable.
Hence; for proper prosecution, it must
be alleged in the info that there is an
THE ACCUSED MUST HAVE KNOWLEDGE
OF THE FORGED CHARACTER OF THE
NOTE
FF INSTANCES CONSIDERED TO
E S TA B L I S H K N O W L E D G E O F
FORGERY:
1. when apprehended, he refused to
give any explanation, stating he
would know what to say in court,
and later on failed to explain his
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
2. when he immediately snatched the
bill and tore it to pieces after it was
discovered to be forged
HOW TO PROVE THAT A BANK NOTE IS
FORGED
- by comparing it with the genuine one
NOTE: Art. 168 covers forged foreign
currency bills
WHEN PRESUMED TO BE THE AUTHOR OF
THE FORGERY
when a person is in possession of falsified
document and who make use of the same.
ACCUSED HAS THE BURDEN OF PROOF
- in explaining why he is in possession of a
forged bill
NOTE: NO IMPOSSIBLE CRIME OF
F O R G I N G O R F A L S I F I C AT I O N O F
TREASURY NOTES
- as it is neither a crime against person or
property.
HOW FORGERY IS COMMITTED
ART. 169
The forgery referred to in this section may be
committed by any of the following means:
1. By giving to a treasury or bank note or any
instrument, payable to bearer or order
mentioned therein, the appearance of a
true genuine document.
2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters,
words or signs contained therein.
FORGERY INCLUDES
1. acts of counterfeiting or forging said
instruments; and
2. acts of falsification
ie for #1
giving fake checks the appearance of
true and genuine documents
ie for #2
giving a valid treasury notes an
appearance as if it was indorsed to
him, by writing his name as the payee.
meaning of the same
NOTE:
defacement, mutilation, tearing, burning or
destroying BSP notes and coins,
- penalized under PD 247
FINE: not exceeding 20k
IMP: not more than 5 years
OR BOTH

48 of 205
FALSIFICATION OF LEGISLATIVE, PUBLIC,
COMMERCIAL, & PRIVATE DOCUMENTS,
AND WIRELESS, TELEGRAPH &
TELEPHONE MESSAGES
FIVE CLASSES OF FALSIFICATION
1. of legislative documents
2. of documents by a public officer, employee
or notary public
3. of public or official, or commercial
document by a private individual
4. of private documents by any person
5. of wireless, telegraph and telephone
messages
FORGERY FALSIFICATION
under art. 169; it
refers to
- falsification and
under art 171; refers
to:
- LPCPWttm
counterfeiting of
treasury and bank
notes or any
instrument payable
to bearer or order
FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ART. 170
The penalty of prision correccional in its
maximum period and a fine not exceeding
P6,000 pesos shall be imposed upon any
person who, without proper authority therefor
alters any bill, resolution, or ordinance enacted
or approved or pending approval by either
House of the Legislature or any provincial
board or municipal council.
ELEMENTS
1. that there be a bill, resolution, or ordinance
enacted or approved or pending approval
by either the Congress or any provincial or
municipal council.
2. that it must be genuine
3. that the offender alters the same
4. that he has no power or authority therefor
5. that the alteration has changed the
BILL, RESOLUTION, OR ORDINANCE
- enacted or approved or pending approval.
ART. 170; limited to alteration which
changes its meaning
NOTE: in here, the offense may be committed
by anyone. private individual or public officer/
employees
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
FALSIFICATION BY
PUBLIC OFFICER,
EMPLOYEE / NOTARY /
ECCLESIASTICAL MINISTER
ART. 171
The penalty of prision mayor and a fine not to
exceed P5,000 pesos shall be imposed upon
any public officer, employee, or notary who,
taking advantage of his official position, shall
falsify a document by committing any of the
following acts:
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;
protocol, registry or official book.
3. A t t r i b u t i n g t o p e r s o n s w h o h a v e
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
he falsifies.
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 a 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.
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of
the offenses enumerated in the preceding
paragraphs of this article, with respect to any
record or document of such character that its
falsification may affect the civil status of
persons.
ELEMENTS
1. that the offender is a public officer,
employee or notary public
2. that he takes advantage of his official
position
3. if the offender is an ecclesiastical
minister,the act of falsification is committed
with respect to any record or document of
such character that its falsification may
affect the civil status of a person.
4. he falsified a document by committing any
which does not in fact exists.
of the ff acts:
• counterfeiting or imitating any
handwriting, signature or rubic
• causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
49 of 205
• attributing to the persons who have
participated in an act or proceeding
statements other than those in fact made
by them
• making untruthful statement in narration
of facts
• altering true dates
• making any alteration or intercalation in
a genuine document which changes its
meaning
• issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such coly a
statement contrary to, or different from,
that of he genuine original or
• intercalating any instruments or note
relative to the issuance thereof in a
W H E N D O E S I T D E E M S T H AT T H E
OFFENDER TAKE ADVANTAGE OF HIS
OFFICIAL POSITION IN FALSIFYING DOCS
1. he has the duty to make or to prepare or
otherwise to intervene in the preparation of
the document; OR
2. he has the official custody if the doc which
HENCE: if the accused did not abuse his office
in committing the falsification, not liable under
Art. 171
DOCUMENT; defined
any written statement by which a right is
established or an obligation extinguished, and
by which fact may be proven and affirmed.
REQ THAT THERE MUST BE A GENUINE
DOCUMENT
- applies only to 6,7 ( 2nd part ) and 8
- for the rest; falsification may be committed by
simulating or fabricating a document
DIFFERENT MODES OF FALSIFYING
DOCUMENTS
I. COUNTERFEITING OR IMITATING
(FEIGNING) ANY HANDWRITING,
SIGNATURE OR RUBIC
2 WAYS
1. COUNTERFEITING; imitating any
handwriting, signature or rubic; or
2. FEIGNING; simulating a signature,
handwriting or rubic, out of one
REQUISITES
1. that there be an intent to imitate,
or an attempt to imitate; and
2. t h a t t h e 2 s i g n a t u r e s o r
handwritings, the genuine and he
forged bears some resemblance
to each other
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
INTENT TO IMITATE; can be gleaned
from
the resemblance of the genuine and
the forged.
WHEN DOES A FORGED
SIGNATURE OR HANDWRITING
BEARS RESEMBLANCE FROM THE
ORIGINAL
- when it might have been passed in
the rush business.
WHEN THERE IS NO INTENT TO
IMITATE; the accused may still be
prosecuted for -
Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
note: in feigning, there is no orginal
handwriting, signature or rubic .
ie. perma ng patay in a document
executed two days ago, when such
deceased person died 10 years ago.
II. CAUSING IT TO APPEAR THAT
PERSONS HAVE PARTICIPATED IN
AN ACT OR PROCEEDING
NOTE: NOT REQ here that the
imitation of the signature of the
gf is a defense)
offended party is falsified.
REQUISITES
1. that the offender is to appear in a
document that a person/s
participated in an act or a
proceeding; and
2. that such person/s did not in fact
so participate in the act or
proceeding
ie. the postmaster, signed the money
order to make it appear that it is
payable to him, without forging the
signature of the offended parties.
I F C O M M I T T E D B Y P R I VAT E
PERSONS, ART 172 WILL APPLY
- ie, falsification of deed of sale...
III. ATTRIBUTING TO PERSONS
WHO HAVE PARTICIPATED IN ANY
ACT OR PROCEEDING
STATEMENTS OTHER HAN THOSE
IN FACT MADE BY THEM
REQUISITES:
1. a person/s participated in an act or
proceeding
2. t h a t s u c h p e r s o n / s m a d e
statements in that act or
proceeding; and
50 of 205
3. that the offender, in making a
document, attributed to such
person/s statements other than
those in fact made by such
person/s.
VI. MAKING UNTRUTHFUL
STATEMENTS IN A NARRATION OF
FACTS
REQUISITES
1. that the offender makes in a
document statements of narration
of facts (not conclusion of law)
2. that he has a legal obligation to
disclose the truth of the facts
narrated by him
3. the facts narrated by he offender
are absolutely false (hence, if it
has semblance of truth, ie, the
correct figure is 1456, but instead
stated thereon 1457, no
falsification); and
4. that the perversion of truth in he
narration of facts was made with
the wrongful intent of injuring 3rd
person. (wrongful intent is not
required when what is falsified is a
public document) (also follows that
INSTANCE WHERE A PERSON HAS
LEGAL OBLIGATION TO DISCLOSE
T H E T R U T H O F T H E FA C T S
NARRATED
• foreign ownership in articles of
incorporation
• false information as to full name,
place and date of birth, citizenship,
civil status, and length of residence
in the Philippines for Residence
Certificate
NOTE: there must be a law or
ordinance requiring the
disclosure of facts
- hence; none disclosure of
previous conviction of any
offense in he personal data
sheet, does not amount to
falsification.
NOTE: the mere fact that one's
consent to a contract was obtained
by means of violence, does not
make the fact narrated therein false.
- since the signature in said contract is
still genuine.
FALSIFICATION BY OMISSION
- when a person who has the duty to
do so, intentionally omitted to out on
the record, facts which must be
recorded.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
V. ALTERING TRUE DATES
REQ:
the date must be essential
ie
• date of birth, marriage and death
• dates in the police blotter, book of
record of arrest, bail bind, and the
return of the warrant of arrest
• to prevent the discovery of
malversation
V I . M A K I N G A LT E R AT I O N O R
INTERCALATION IN A GENUINE
DOCUMENT WHICH CHANGES ITS
MEANING
REQUISITES
1. there must be an alteration
(change) or intercalation
(insertion) on a document
2. made on a genuine document
3. the alteration or intercalation has
changed the meaning of the
document
4. the change made the document
speak something false
NO FALSIFICATION WHEN THE
ALTERATION SPEAKS THE TRUTH
this is a correction.
- in alteration, inherent in it the idea of
deception, making the instrument
speak something which the parties did
not intend it to speak
A LT E R I N G GRADES IN
EXAMINATION PAPERS; involves
the ff acts of falsification:
1. making alteration on genuine
documents
2. m a k i n g i t a p p e a r t h a t t h e
correctors had participated in
blotting out the grades and writing
a new and increased grades
opposite their initials; and
3. attributing to the correctors
statements other than those in fact
made by them
51 of 205
VII. ISSUING IN AUTHENTICATED
FORM A DOCUMENT PURPORTING
TO BE A COPY OF AN ORIGINAL
DOCUMENT WHEN NO SUCH
ORIGINAL EXISTS, OR INCLUDING
IN SUCH A COPY A STATEMENT
CONTRARY TO, OR DIFFERENT
FROM THAT OF THE GENUINE
ORIGINAL.
CANNOT BE COMMITTED BY
1. private individual; or
2. notary public or a public officer
who does not take advantage of
his official position.
EXE: if private individual
conspired with #2
2 ACTS PUNISHED UNDER THIS
METHOD
1. purporting to be a copy of an
original when no such original
exists
2. including in a copy a statement to,
or different from, that of the
genuine original
ie for #1
- the notary public made
supposed copy of a deed of
sale which was never
executed and of which he had
no copy
ie for #2
-the civil registrar stated in a
certified copy of a record of
birth, that the person named
therein is a legitimate child,
when there was no such
statement in the original.
NOTE: not required that there is
intent to gain or cause prejudice to
others.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF
FALSIFIED DOCUMENTS
ART. 172
The penalty of prision correccional in its
medium and maximum periods and a fine of
not more than P5,000 pesos shall be imposed
upon:
entered therein
1. Any private individual who shall commit any
of the falsifications enumerated in the next
preceding article in any public or official
document or letter of exchange or any
other kind of commercial document; and
2. Any person who, to the damage of a third
party, or with the intent to cause such
damage, shall in any private document
commit any of the acts of falsification
enumerated in the next preceding article.
Any person who shall knowingly introduce in
evidence in any judicial proceeding or to the
damage of another or who, with the intent to
cause such damage, shall use any of the false
documents embraced in the next preceding
article, or in any of the foregoing subdivisions
of this article, shall be punished by the penalty
next lower in degree.
3 ACTS PUNISHED UNDER ART 172
1. falsification of public, official or commercial
document by a private individual
2. falsification or private document by any
person
3. use of falsified document
I. FALSIFICATION OF PUBLIC, OFFICIAL,
COMMERCIAL DOCUMENT BY A PRIVATE
nor extinguish an obligation.
PERSON
ELEMENTS:
1. that the offender is a private individual or a
public officer or employee who did not take
advantage of his official position
2. that he committed any of the acts of
falsification enumerated in art. 171
3. that the falsification was committed in a
public, official or commercial document.
4 KINDS OF DOCUMENTS
PUBLIC DOCUMENT
a document created, executed or issued by a
public official in response to the exigencies of
the public service, or in the execution if which a
public official intervened.
also those authorized by a notary
• in general, negotiable instruments
public or a competent official, with the
solemnities prescribed by law.
52 of 205
• written official acts, or records of
official acts of the sovereign
authority, official bodies and
tribunals, and public officers,
whether of the Phil or of foreign
country
• documents acknowledge before a
notary public. EXE last will and
testament
• public record kept in the Phil, of
private doc required by law to be
OFFICIAL DOCUMENT
a class of public document
a document issued by a public official in the
exercise of the functions of his office
ie:
• document required by a bureau to
be filled for the purpose of its record
and information
• receipt issued by the dept of
assessment and collection of the
city of manila, for taxes collected
• burial permit issued by Board of
Public Health
• official cash book kept by the
disbursing officer of he coast guard
• a petition filed in court duly
subscribed and sworn
• pleadings filed in court
NOTE: an affidavit if an heir
attesting to the loss of the
owner's duplicate certificate of
title in his possession
- not a public document, as it
is not being a document, as it
neither proved an agreement
COMMERCIAL DOCUMENT
are papers or instruments used by merchants
or businessmen to promote or facilitate trade
or credit transaction
- any documents defined and regulated by the
Code of Commerce
ie.
• letters of exchange
• letters of credit
• draft
• trade acceptance
• checks or notes issued in the
course of a business transaction
• quedans
• bonds
• book of acct
PRIVATE DOCUMENT
a deed or instrument executed by a private
person without the intervention of a notary
public or other person authorized, by which
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
some dispositions or agreement are proved,
evidenced or se forth
ie.
theater ticket
cash disbursement vouchers
- this cannot be liken as a
commercial document as it is
neither negotiable nor
regulated by the Code of
Commerce. at most, it is only
an evidence of payment of
loan.
and not where the damage occurred.
NOTE: BLANK FOR OF A DOCUMENT IS
NOT IN ITSELF A DOCUMENT
Until; the necessary blank spaces be filled and
the signature of a party be written on it, either
by himself or by another.
WHEN A PERSON IS PRESUMED TO BE
THE AUTHOR OF THE FALSIFICATION
• possession of certificate of title, presumed to
have falsified the deed of sale that made
possible the transfer
• possession and use of a falsified document
EXE: in one of the vague decision of
the SC, by applying presumption of
innocence. 151 SCRA 552
estafa)
NOTE: NOT REQ: damage or intent to cause
damage
NOTE: GOOD DEFENSE: lack of criminal
intent or malice.
ie. when a person was authorized
I I . FA L S I F I C AT I O N O F A P R I VAT E
DOCUMENT BY ANY PERSON
ELEMENTS:
1. that the offender committed any of the acts
of falsification, exe those in par. 7,
enumerated in art. 171
2. that the falsification was committed in any
private document
3. that the falsification caused damage to a
third party or at least the falsification was
committed with intent to cause such
damage.
FURTHERMORE; requires
a. he must have counterfeited the
false document
b. he must have perfromed an
independent act which operates to
the prejudice of a 3rd person
HENCE: mere falsification of
private document is not
enough, as when the accused
after falsification, kept the
false document without
showing it to anyone.
53 of 205
DAMAGE NEED NOT BE MATERIAL
ALREADY ENOUGH THAT
- it resulted to damage to one's honor
NOTE: not required that the offender
profited or hoped to profit from he
falsification
JURISDICTION
shall fall in the court where the act of
falsification was committed
COMPLEX CRIME OF FALSIFICATION AND
OTHER COMMON CRIMES
(estafa, malversation, theft, etc)
YES; if the document falsified is a necessary
means to commit the other
PROVIDED:
the document falsified is a public,
official or commercial.
- estafa through falsification of PO/C
doc.
- pwede din: estafa through
falsification of PO/C doc by reckless
imprudence (should he commit the
crime of falsification by omission and
shared in the proceeds of the crime of
IF THE DOCUMENT FALSIFIED IS A
PRIVATE DOCUMENT
- no complexion of crime.
- in fact; the only crime committed here is
falsification if private document.
RATION:
the damage cause to another and
even the intent to defraud cannot
constitute [for example] as estafa, as it
become an element of falsification of
private document.
- estafa cannot exist, without its own
element of damage.
- the immediate effect of falsification of
private document is the same as
estafa.
WHILE FOR PUBLIC, OFFICIAL ABD
COMMERCIAL DOCUMENT
FALSIFIED [in re: estafa]
- damage or intent to cause damage is
not required in the crime of
falsification.
- and before damage is caused to the
o f f e n d e d p a r t y, t h e c r i m e o f
f a l s i fi c a t i o n h a s a l r e a d y b e e n
consummated.
NOTE: the crime committed here is;
estafa with abuse of confidence only
- if a private document is falsified to
conceal the misappropriation if the
money or other personal property
which has been in the possession of
the offender. as estafa has already
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 THE AWESOME NOTES 54 of 205
CRIMINAL LAW
BOOK II

been consummated even before the

FALSIFICATION OF FALSIFICATION OF
crime of falsification has been
PUBLIC / OFFICIAL PRIVATE
committed.
DOCUMENT DOCUMENT
- DITO: if the purpose of falsification is
in order to conceal estafa (as regard to
does not req intent prejudice to 3rd
falsification of private doc), the
to cause damage party is primarily
falsification is not punishable, as there
nor damage aused taken into account:
is no damage nor intent to cause
REQ:
damage. the damage here is caused
damage caused or

by estafa and not by falsification

NOTE: IN FALSIFICATION THROUGH

intent to cause
damage
RECKLESS IMPRUDENCE
WHAT IS BEING
- valid defense; when the accused is
PUNISHED IS
being charged when he failed to
violation of public
correct the entry
faith and the
when he relied to his
preservation of truth
subordinate and not required
which the document
or mandated to compare the
solemnly proclaim

copy and the original.

- will not lie, if the document is private

- hence; become
immaterial whether it
cause damage to
and no actual damage is caused
3rd persons.
as in private doc, there must
be at least intent to cause
damage, which presupposes

FA L S I F I C AT I O N I N AT T E M P T E D O R
malice.
- hence; if by reckless
imprudence, which follows that

FRUSTRATED STAGE

GEN RULE:
there is absence of malice, no
f a l s i fi c a t i o n o f p r i v a t e
document by reckless

none

EXE:

imprudence may arise.

W H E N P R I VAT E D O C C O N S I D E R E D
it is frustrated when; the falsification is

imperfect.

PUBLIC DOC:
1. when it is acknowledged before a notary
public (NOTE: falsification of public
document will still lie even if the falsification

III. USE OF FALSIFIED DOCUMENT

was made before the private document was
notarized, when the person who presented
said document before the notary public is
the same person who committed the
falsification)
2. private document becoming part of public
record and certified by a public officer duly
authorized by law.
NOTE: private doc falsified before it
become part of public record, the
crime committed is falsification of
private doc.
EXE: when its shall be deemed as
falsification of public doc even before
proceedings)
ELEMENTS
1. that the offender knew that a document was
falsified by another person
2. that the false document is embraced in art.
171 or in any subdivision no. 1 and 2 of art.
172
3. that he used such document (not in judicial
proceedings)
4. that the use of the false document caused
damage to another or at least it was used
with intent to cause such damage (exe: not
required when he used it in a judicial

NOTE: use of false document is not

the private doc is entered to public necessarily included in the crime of
record
• document is intended by law to be
part of public or official record

falsification

NOTE: USER OF FALSIFIED DOCUMENT IS

• preparation of which is in DEEMED THE AUTHOR; if
accordance with the rules and 1. the use was closely connected in time with
regulations issued by the Govt the falsification; and
ie. false info in the blank form 2. the user had the capacity if falsifying the
of BIR and in civil service
examination
 document.

prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH &
TELEPHONE MSG, AND USE
OF SAID FALSIFIED MSGS
ART. 173
The penalty of prision correccional in its
medium and maximum periods shall be
imposed upon officer or employee of the
Government or of any private corporation or
concern engaged in the service of sending or
receiving wireless, cable or telephone
message who utters a fictitious wireless,
telegraph or telephone message of any system
or falsifies the same.
Any person who shall use such falsified
dispatch to the prejudice of a third party or with
the intent of cause such prejudice, shall suffer
the penalty next lower in degree.
3 ACTS PUNISHABLE UNDER ART. 173
1. uttering fictitious wireless, telegraph or
telephone message
circumstance to refer to; good conduct etc.)
2. falsifying wireless, telegraphy or telephone
message
3. using such falsified message.
PRIVATE INDIVIDUAL CANNOT BE A
PRINCIPAL BY DIRECT PARTICIPATION IN
FA L S I F I C AT I O N O F T E L E G R A P H I C
DISPATCHES
PWEDE: principal by inducement
UTTERING FICTITIOUS MESSAGE OR
FALSIFYING THE SAME
ELEMENTS
1. officer or employee of the govt or an officer
or employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone
message (ie. telegraph operator)
2. that the offender commits any of the ff acts:
a. uttering fictitious WCT message; or
b. falsifying WCT message
USE OF FALSIFIED MESSAGES
ELEMENTS
1. that the accused knew that the WCT
message was falsified by any person
specified in the 1st par.
2. that the accused used such falsified
dispatch
3. that the use of the falsified dispatch
resulted in the prejudice of a 3rd party, or
that the use thereof was with intent to
cause such prejudice.

(not falsification of public document)
55 of 205
FALSIFICATION OF MEDICAL
CERTIFICATES,
CERTIFICATES OF MERIT / SERVICE,
AND THE LIKE
FALSIFICATION OF MEDICAL
CERT., CERT OF MERIT/
SERVICE AND THE LIKE
ART. 174
The penalties of arresto mayor in its maximum
period to prision correccional in its minimum
period and a fine not to exceed P1,000 pesos
shall be imposed upon:
1. Any physician or surgeon who, in
connection, with the practice of his
profession, shall issue a false certificate;
and
2. Any public officer who shall issue a false
certificate of merit of service, good conduct
or similar circumstances. (similar
The penalty of arresto mayor shall be imposed
upon any private person who shall falsify a
certificate falling within the classes mentioned
in the two preceding subdivisions.
CERTIFICATE; defined
any writing by which testimony is given that a
fact has or has not taken place
PERSONS LIABLE FOR FALSIFICATION OF
CERTIFICATES
1. physician or surgeon who, in connection
with the practice of his profession, issued a
false certificate (it must refer to illness or
injury of a person. (NOTE: the crime
committed here is FALSE MEDICAL
CERTIFICATE BY A PHYSICIAN)
2. public officer who issued a false certificate
or merit or service, good conduct or similar
circumstances (FALSE CERTIFICATE OF
MERIT OR SERVICE BY A PUBLIC
OFFICER)
3. private individual who falsified a certificate
in the classes mentioned in no. 1 & 2
FALSE CERTIFICATE OF MERIT OR
SERVICE BY A PRIVATE INDIVIDUAL)
NOTE: ART. 174 does not cover
falsification of certificate of large cattle
- it is covered by Art. 171 or 172, being a public
document.
SIMILAR CIRCUMSTANCE; covers
• certificate of good conduct
• certificate of residence for voting purposes
prepared by: ronie ablan
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 THE AWESOME NOTES 56 of 205
CRIMINAL LAW
BOOK II

USING FALSE CERTIFICATES
ART. 175
The penalty of arresto menor shall be imposed
upon any one who shall knowingly use any of
the false certificates mentioned in the next
introduced into the Phil by another person
ACTS PUNISHED
1. making or introducing into the Phil any
stamp, dies, marks, or other instruments or
implements for counterfeiting or falsification
2. poss ess in g w it h int ent t o use the
instruments or implements for
counterfeiting or falsification made in or

preceding article.

ELEMENTS
1. that a physician or surgeon has issued a
false medical certificate, or a public officer
had issued a false certificate of merit or
service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates
NOTE:
NOT REQ: that the implements confiscated
form a complete set.
ENOUGH NA: that they may be employed by
themselves or together with other implements
to commit the crime of counterfeiting or
falsification.

NOTE: ART. 165 and 176; punishes mere

2. that the offender knew that the certificate
was false

constructive possession

3. that he used the same

NOTE: when false certificate is used in a




judicial proceedings, Art. 172 will not apply, as

it is only limited to false documents and not

certificates.

MANUFACTURING, IMPORTING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS INTENDED FOR THE
COMMISSION OF FALSIFICATION

MANUFACTURING AND
POSSESSION OF
INSTRUMENTS / IMPLEMENTS
FOR FALSIFICATION

ART. 176
The penalty of prision correccional in its
medium and maximum periods and a fine not
to exceed P10,000 pesos shall be imposed
upon any person who shall make or introduce
into the Philippine Islands any stamps, dies,
marks, or other instruments or implements
intended to be used in the commission of the
offenses of counterfeiting or falsification
mentioned in the preceding sections of this

Chapter.

Any person who, with the intention of using

them, shall have in his possession any of the
instruments or implements mentioned in the
preceding paragraphs, shall suffer the penalty
next lower in degree than that provided
therein.

prepared by: ronie ablan

AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
OTHER FALSITIES
USURPATION OF AUTHORITY, RANK, TITLE
AND IMPROPER USE OF NAMES,
UNIFORMS, AND INSIGNIA
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
ART. 177
Any person who shall knowingly and falsely
represent himself to be an officer, agent or
representative of any department or agency of
the Philippine Government or of any foreign
government, or who, under pretense of official
position, shall perform any act pertaining to
any person in authority or public officer of the
Philippine Government or any foreign
government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the
penalty of prision correccional in its minimum
and medium periods.
2 ACTS PUNISHED
1. usurpation of authority
2. usurpation of official functions
2 WAYS OF COMMITTING THE CRIME
UNDER ART. 177
1. by knowingly and falsely representing
oneself to be an officer, agent or
representative of any dept or agency of the
Phil govt or any foreign govt.
2. by performing any act pertaining to any
person in authority or public officer of the
Phil Govt or of a foreign govt or any agency
thereof, under the pretense of official
position, and without lawfully entitled to do
so.
COVERS
1. functions of any persons in
authority; any
2. any public officer
NOTE: there must be positive, express and
explicit representation
hence; mere failure to deny does not amount
to usurpation.
BUT IT MAY BE SHOWN FROM HIS
ACTS
ie. assuming to be a policeman, when
his acts of blowing whistle, stopping
buses and ordering drivers to step
down their passenger vehicles and to
produce driver's license, sufficient to
produce culpability for usurpation
57 of 205
NOTE: the accused must falsely represent
or assume the function of the Govt or its
agency or department
hence; assumption of office of a public
corporation, does not amount to an offense
falling under Art. 177
NOTE: Art. 177 may be violated by a public
officer.
NOTE: greater penalty if what usurped is
the authority of diplomatic or consular
officer and other official of foreign govt
A R T. 1 7 7 D O E S N O T A P P LY T O
OCCUPANT UNDER COLOR OF TITLE
AS; A USURPER IS
one who introduces himself into an office that
is vacant, or who, without color of title, ousts
the incumbent and assumes to act as an
officer by exercising some of the functions of
the office.
NOTE: RA 10 APPLIES ONLY TO MEMBERS
O F S E D I T I O U S O R G A N I Z AT I O N S
ENGAGED IN SUBVERSIVE ACTIVITIES
- RA 10 provides usurpation with or without
pretense.
- CONTRA ART. 177; which requires pretense
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
ART. 178
The penalty of arresto mayor and a fine not to
exceed 500 pesos shall be imposed upon any
person who shall publicly use a fictitious name
for the purpose of concealing a crime, evading
the execution of a judgment or causing
damage.
Any person who conceals his true name and
other personal circumstances shall be
punished by arresto menor or a fine not to
exceed 200 pesos.
ACTS PUNISHED
1. using fictitious name
2. concealing true name
USING FICTITIOUS NAME
ELEMENTS
1. that the offender uses a name other than
his real name
2. that he uses that fictitious name publicly
3. that the purpose of the offender is
a. to conceal a crime
b. to evade the execution of a judgment
c. to cause damage to public interest
prepared by: ronie ablan
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 THE AWESOME NOTES 58 of 205
CRIMINAL LAW
BOOK II

FICTITIOUS NAME; defined

any other name which a person publicly USURPATION OF AUTHORITY

applies to himself without authority of law

IF THE PURPOSE IS TO CAUSE DAMAGE

OR OFFICIAL FUNCTIONS

TO PRIVATE INTEREST
ART. 179
- the offense shall not fall under Art. 178 but
The penalty of arresto mayor shall be imposed

shall constitute as estafa

ie of publicly using a fictitious name

upon any person who shall publicly and
improperly make use of insignia, uniforms or
dress pertaining to an office not held by such
signing fictitious name in an application for
person or to a class of persons of which he is

passport

Q: may complexion of crime ba if used to

not a member.

ELEMENTS

evade service of sentence?
1. that the offender make use of insignia,
uniform or dress

CONCEALING TRUE NAME

ELEMENTS
2. that the insignia, uniform or dress pertain to
an office not held by the offender or to class
of persons of which he is not a member
1. that the offender conceals his true name
3. that said insignia, uniform or dress is used
and all other personal circumstances
2. that the purpose only is to conceal his
publicly and improperly

identity
NOT PUNISHABLE

USE OF
FICTITIOUS NAME
CONCEALING
TRUE NAME

wearing the uniform of an imaginary office.

pero pwede. wearing ecclesiastical

habit.
ELEMENT OF PUBLICITY - also covers uniform, regalia or

req not req

decoration of foreign states

NOTE: not required that there must be an

exact imitation of a uniform
PURPOSE ENOUGH NA:
colorable resemblance calculated to deceive
the common run of people.
to conceal crime, merely to conceal those people who are not thoroughly
evade execution of true identity familiar with every detail or accessory
judgment or to
cause damage to
public interest
thereof

WEARING OF emblems, badge, insignia of

AFP

ANTI-ALIAS LAW CA no. 142

GEN RULE

punishable under RA 493

I L L E G A L M A N U FA C T U R E , S A L E ,
no person shall use any name other than the DISTRIBUTION AND USE OF PNP uniform,
name which he was baptized or registered at insignias and other accoutrements
birth in the office of the local civil registry or
has been publicly known by it since childhood,
or name which he was registered in the

punishable under EO 297

Bureau of Immigration, or authorized the use

thereof by competent court

EXE
use of pseudonym solely for
• literary
• cinema
• television
• radio; or
• other entertainment purposes; and
• athletic events where such use is normally
accepted practice


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 THE AWESOME NOTES 59 of 205
CRIMINAL LAW
BOOK II

FALSE TESTIMONY; defined

FALSE TESTIMONY who was convicted and punished with
a penalty of arresto menor
- the accused is not liable under Art.
is committed by a person who, being under
oath and required to testify as to the truth of a
certain matter at a hearing before a competent

180

note: ART. 180 will still apply even if

authority, shall the false testimony given was not
• deny the truth; or considered by the court

• say something contrary to it.

3 FORMS OF FALSE TESTIMONY

AS the law punishes the act of giving
false testimony and not the
consequent conviction of the
1. false testimony in criminal cases defendant.
2. false testimony in civil cases
3. false testimony in other cases

FALSE TESTIMONY AGAINST A
DEFENDANT
ART. 180
Any person who shall give false testimony
against the defendant in any criminal case
shall suffer:
1. The penalty of reclusion temporal, if the
defendant in said case shall have been
sentenced to death;
2. The penalty of prision mayor, if the
FALSE TESTIMONY
ART. 181
Any person who shall give false testimony in
favor of the defendant in a criminal case, shall
suffer the penalties of arresto mayor in its
maximum period to prision correccional in its
minimum period a fine not to exceed 1,000
pesos, if the prosecution is for a felony
punishable by an afflictive penalty, and the
penalty of arresto mayor in any other case.

RATION FOR PUNISHMENT

defendant shall have been sentenced to
reclusion temporal or reclusion perpetua; not because of the effect it actually produces,
3. The penalty of prision correccional, if the but because of its tendency to favor or to
defendant shall have been sentenced to
any other afflictive penalty; and
prejudice the defendant

COVERS NEGATIVE STATEMENT

4. The penalty of arresto mayor, if the
defendant shall have been sentenced to a ie. that he never saw the accused, when in fact
correctional penalty or a fine, or shall have

the accused was present blah blah.

been acquitted.

In cases provided in subdivisions 3 and 4 of

DOES NOT COVER EXPRESSION OF
OPINION
this article the offender shall further suffer a

ie. assertion that he is an expert in handwriting

fine not to exceed 1,000 pesos.

ELEMENTS
HOWEVER; should he stated that he
is an expert based on his own
1. that there be a criminal proceeding experience, when false
2. that the offender testifies falsely under oath
against the defendant
NOTE:
- constitute as false testimony

3. the offender who gives false testimony

knows that it is false false testimony in favor of defendant need not
4. that the defendant against whim the false directly influence the decision of acquittal nor
testimony is given either acquitted or benefit the defendant
SUFFICIENT NA
convicted in a final judgment
that the false testimony was given with
PENALTY DEPENDS UPON THE SENTENCE
OF THE DEFENDANT AGAINST WHOM intent to favor the defendant

HENCE: conviction or acquittal of the

FALSE TESTIMONY WAS GIVEN

PERO
defendant is not necessary

defendant must be sentenced at least to DENIAL OF THE ACCUSED/DEFENDANT

1. correctional penalty HIMSELF
2. fine or does not constitute an offense, when found to
be false.

3. acquitted

HENCE: should the accused made

EXE: when he went to the witness
stand and falsely imputes to another
false testimony against a defendant,

the offense.

prepared by: ronie ablan

AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE:
RECTIFICATION MADE SPONTANEOUSLY
AFTER REALIZING THE MISTAKE
- is not a false testimony.
FALSE TESTIMONY
FAVORABLE TO THE
DEFENDANT
ART. 182
Any person found guilty of false testimony in a
civil case shall suffer the penalty of prision
correccional in its minimum period and a fine
not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the
penalty of arresto mayor in its maximum period
to prision correccional in its minimum period
and a fine not to exceed 1,000 pesos, if the
amount in controversy shall not exceed said
amount or cannot be estimated.
ELEMENTS
1. that the testimony must be given in civil
case
2. the testimony must relate to the issue
presented in said case
3. the testimony must be false
4. that the false testimony must be given by
the defendant knowing the same to be false
5. that the testimony must be malicious and
given with an intent to affect the issues
presented in said case.
Q: defendant declared in court that her
property was free from encumbrances,
whereas in fact there was a subsisting
mortgage on the property to guarantee the
obligation of an agent. can he be
prosecuted for false testimony?
A: NO
the testimony here is not false, as mere
guaranty is no lien in property.
ART. 182 DOES NOT APPLY IN SPECIAL
CIVIL ACTION
- as it only applies to ordinary civil action
proof of materiality
NOTE: PENALTY DEPENDS ON THE
AMOUNT OF THE CONTROVERSY
 signifies that he is bound in conscience to
60 of 205
FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN
SOLEMN AFFIRMATION
ART. 183
The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period shall be imposed upon any person,
who knowingly makes 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.
Any person who, in case of a solemn
affirmation made in lieu of an oath, shall
commit any of the falsehoods mentioned in this
and the three preceding articles of this section,
shall suffer the respective penalties provided
therein.
2 WAYS OF COMMITTING PERJURY
1. falsely testifying under oath; and
2. by making a false affidavit
NOTE: falsely testifying under oath
must not be a judicial proceeding.
otherwise, it may fall under
art. 180-182.
ELEMENTS
1. that the accused made a statement under
oath or executed an affidavit upon a
material matter (hence, no perjury if the
false testimony is immaterial)
2. the statement or affidavit was made before
a competent officer, authorized to receive
and administer oath
3. in that statement or affidavit, the accused
made a willful and deliberate assertion of
falsehood; and
4. the sworn statement or affidavit containing
falsity is required by law
NOTE: there must be a competent
OATH; defined
any form of attestation by which a person
perform an act faithfully and truthfully
AFFIDAVIT; defined
is a sworn statement in writing; a declaration in
writing, made upon oath before an authorized
magistrate or officer
ie. statement under oath as the basis of the
charge of perjury
during PI, A, under oath, falsely accuses B for
crime of estafa.
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 THE AWESOME NOTES 61 of 205
CRIMINAL LAW
BOOK II

ie. false affidavit, as the basis of charge of SUBORDINATION OF PERJURY

perjury
accused filled up an application in blank (Civil
Service Form) for patrolman examination, that
he was never been accused, indicted or tried
for any violation of law, when in fact he was
IS COMMITTED
by a person who knowingly and willfully
procures another to swear falsely and
the witness suborned does testify
under circumstances rendering him

previously been convicted of a crime.

guilty of perjury

also; in a false affidavit to a criminal complaint.

MATERIAL MATTER; defined

- dito,treated sya as principal by direct
inducement.

• the main fact which is the subject of the

inquiry
• any circumstances which tends to prove the OFFERING FALSE TESTIMONY
fact; IN EVIDENCE
• any fact or circumstances which tends to
corroborate or strengthen the testimony
relative to the subject of the inquire; or
• which legitimately affects the credit of any ART. 184
Any person who shall knowingly offer in
witness who testifies.
evidence a false witness or testimony in any
judicial or official proceeding, shall be
MATERIAL RELEVANT PERTINENT punished as guilty of false testimony and shall
suffer the respective penalties provided in this
directed to prove
a fact in issue
tend in any
reasonable
degree to
c o n c e r n s
collateral
matters which

section.

ELEMENTS
establish the make more or
probability or less probable 1. the offender offered in evidence a false
improbability of the proposition witness or false testimony
the fact in issue 2. he knew the witness or the testimony was

COMPETENT PERSON AUTHORIZED TO
false
3. the offer was made in judicial or official
ADMINISTER OATH
a person who has a right to inquire into the proceedings

NOTE: knowingly offer in evidence a false

question presented to him upon matters under

his jurisdiction.

witness or testimony

suppossing Atty. A offered to B that he will

HENCE: no perjury
- if a person subscribed and sworn
before a clerk in treasurer's office, as
such person is not competent to
administer oaths
NO PERJURY THROUGH NEGLIGENCE OR
IMPRUDENCE
present him as a false witness which B agreed,
but desisted when he was presented.
- in here, A is liable for offering false witness,
and B's desistance constitute as an absolutory
cause which exempts him from criminal
liability.

HOWEVER; should A induced B, and

as the law requires that the assertion of
not merely that they conspired, A is

falsehood must be willful and deliberate.
liable as principal by inducement for
ART. 180-183 as the case may be, in

HENCE: gf is a good defense

IT IS NECESSARY THAT THERE BE

re Art. 7 par. 2


SPECIFIC PROVISION OF LAW REQUIRING

THE AFFIDAVIT OR SWORN STATEMENT
TO BE MADE [4th element]
PERO SUFFICIENT NA
- even though there is no law requiring such,
when such assertion of falsehood is made for

a legal purpose.

NOTE: mere contradictory statement is not

sufficient to convict one for prejury
as the false statement must still be proven, and
such cannot be proven by mere showing of the
contradictory statement


prepared by: ronie ablan

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
FRAUDS
THE FF ARE CRIMES CLASSIFIED AS
FRAUD
1. machination in public auction
2. monopolies and combination in restraint of
trade
3. importation and disposition of falsely
marked articles or merchandise made of
gold, silver or other precious metals
4. substituting and altering trademarks and
trade names or service marks
5. unfair competition, fraudulent registration of
TN, TM or SM; fraudulent designation of
origin and false description.
MACHINATION IN PUBLIC
AUCTION
ART. 185
Any person who shall solicit any gift or promise
as a consideration for refraining from taking
part in any public auction, and any person who
shall attempt to cause bidders to stay away
from an auction by threats, gifts, promises, or
any other artifice, with intent to cause the
reduction of the price of the thing auctioned,
shall suffer the penalty of prision correccional
in its minimum period and a fine ranging from
10 to 50 per centum of the value of the thing
auctioned.
ACTS PUNISHED
• by soliciting any gift or promise as a
consideration for refraining from taking part in
any public auction
ELEMENTS
1. there be a public auction
2. accused solicited any gift or a
promise from any of the bidders
3. such gift or promise was the
consideration for his refraining
from taking part in the public
auction
4. the accused had the intent to
cause the reduction of the price of
the thing auctioned
NOTE: mere solicitation of gift or
promise consummates the crime.
62 of 205
• by attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice
ELEMENTS
1. there be a public auction
2. accused attempted to cause the
bidders to stay away fro the public
auction
3. it was done by threats, gifts,
promises or any other artifice
4. the accused had the intent to
cause the reduction of the price of
the thing auctioned
OTHER ARTIFICE
such as TRICKS
ie: by telling the bidders that
the public bidding would not
be held at that time to make
them go away
NOTE: in here, mere attempt
consummates the crime.
NOTE: the threat need not be effective
nor he offer or gift accepted for the
crime to arise.
RATION OF ART. 185
execution sale should be opened to free and
full competition in order to secure the
maximum benefit for the debtor.
MACHINATION IN PUBLIC
AUCTION
ART. 186
The penalty of prision correccional in its
minimum period or a fine ranging from 200 to
6,000 pesos, or both, shall be imposed upon:
1. Any person who shall enter into any
contract or agreement or shall take part in
any conspiracy or combination in the form
of a trust or otherwise, in restraint of trade
or commerce or to prevent by artificial
means free competition in the market;
2. Any person who shall monopolize any
merchandise or object of trade or
commerce, or shall combine with any other
person or persons to monopolize and
merchandise or object in order to alter the
price thereof by spreading false rumors or
making use of any other article to restrain
free competition in the market;
3. Any person who, being a manufacturer,
producer, or processor of any merchandise
or object of commerce or an importer of any
merchandise or object of commerce from
any foreign country, either as principal or
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
agent, wholesaler or retailer, shall combine,
conspire or agree in any manner with any
person likewise engaged in the
manufacture, production, processing,
assembling or importation of such
merchandise or object of commerce or with
any other persons not so similarly engaged
for the purpose of making transactions
prejudicial to lawful commerce, or of
increasing the market price in any part of
the Philippines, of any such merchandise or
object of commerce manufactured,
produced, processed, assembled in or
imported into the Philippines, or of any
article in the manufacture of which such
manufactured, produced, or imported
object of commerce
merchandise or object of commerce is
used.
If the offense mentioned in this article affects
any food substance, motor fuel or lubricants, or
other articles of prime necessity, the penalty
shall be that of prision mayor in its maximum
and medium periods it being sufficient for the
imposition thereof that the initial steps have
been taken toward carrying out the purposes
of the combination.
Any property possessed under any contract or
by any combination mentioned in the
preceding paragraphs, and being the subject
thereof, shall be forfeited to the Government of
imported into the Phil
the Philippines.
Whenever any of the offenses described above
is committed by a corporation or association,
the president and each one of its agents or
representatives in the Philippines in case of a
foreign corporation or association, who shall
have knowingly permitted or failed to prevent
the commission of such offense, shall be held
liable as principals thereof.
ACTS PUNISHED
I. COMBINATION TO PREVENT FREE
COMPETITION IN THE MARKET
enter into any contract or agreement or
shall take part in any conspiracy or
combination in the form of a trust or
otherwise, in restraint of trade or
commerce or to prevent by artificial
means free competition in the market
II. MONOPOLY TO RESTRAIN FREE
COMPETITION IN THE MARKET
monopolize any merchandise or object
of trade or commerce, or shall
combine with any other person or
persons to monopolize and
merchandise or object in order to alter
the price thereof by spreading false
rumors or making use of any other
article to restrain free competition in
the market
63 of 205
III. MANUFACTURER, PRODUCER, OR
PROCESSOR OR IMPORTER COMBINING,
CONSPIRING OR AGREEING WITH ANY
PERSON TO MAKE TRANSACTION
PREJUDICIAL TO LAWFUL COMMERCE OR
IN C R E AS E TH E MAR K E T P R IC E OF
MERCHANDISE
PERSONS LIABLE
1. manufacturer
2. producer
3. processor
4. importer of any merchandise or
CRIME IS COMMITTED BY
1. combining
2. conspiring; or
3. agreeing with any person
THE PURPOSE OF WHICH
IS
• to make transaction
prejudicial to lawful
commerce
• to increase the market
price if any merchandise or
object of commerce
manufactured, produced,
processed, assembled or
OBJECT OF THE LAW
to penalize any artifice in restraint of trade.
NOTES:
ie. spreading false rumors
• any property possessed under any contract
or combination contemplated in this article,
shall be forfeited to the govt
• mere conspiracy or combination is punished
HIGHER PENALTY IS IMPOSED; if the
offense affects
1. food substance
2. motor fuel or lubricants; or
3. other article of prime necessity
NOTE: mere taking of initial steps to
carry out the purposes of combination,
is already sufficient for the imposition
of the higher penalty
IF COMMITTED BY A CORPORATION OR
ASSOCIATION; the president, directors or
managers shall be liable as principal, when:
1. knowingly permitted the commission of the
offense; or
2. failed to prevent the same

prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES 64 of 205
CRIMINAL LAW
BOOK II

ART. 188 and 189 are repealed by

IMPORTATION & DISPOSITION

Intellectual Property Code (RA 8293)

ACTS PUNISHED UNDER ART. 188

OF FALSELY MARKED
ARTICLES OR MERCHANDISE
MADE OF GOLD, SILVERS OR
OTHER PRECIOUS METALS
OR THEIR ALLOYS
ART. 187
The penalty of prision correccional or a fine
ranging from 200 to 1,000 pesos, or both, shall
be imposed on any person who shall
knowingly import or sell or dispose of any
article or merchandise made of gold, silver, or
other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate
the actual fineness or quality of said metals or
1. substituting the TM or TN of some other
manufacturer or dealer, or a colorable
imitation thereof, for the TN or TM of the
real manufacturer or dealer upon any article
of commerce, and selling the same
2. by selling or by offering for the sale of such
article of commerce, knowing that the TM
or TN has been fraudulently used.
3. by using or substituting the SM of sine
other person, or a colorable imitation of
such mark, in the sale or advertising of his
services
4. by printing, lithographing or reproducing
TN, TM or SM of one person, or a colorable
imitation thereof, to enable another person
to fraudulently use the same, knowing the
fraudulent purposes for which it is to be

alloys. used.

ACTS PUNISHED UNDER ART. 189

Any stamp, brand, label, or mark shall be
deemed to fail to indicate the actual fineness of
the article on which it is engraved, printed,
stamped, labeled or attached, when the rest of
the article shows that the quality or fineness
thereof is less by more than one-half karat, if
made of gold, and less by more than four one-
thousandth, if made of silver, than what is
shown by said stamp, brand, label or mark. But
in case of watch cases and flatware made of
gold, the actual fineness of such gold shall not
be less by more than three one-thousandth
than the fineness indicated by said stamp,
1. by selling his goods, giving them the
general appearance of the goods of
another manufacturer or dealer (unfair
competition)
2. by affixing to his goods or using in
connection with his services a false
designation of origin, or any false
description or representation and selling
such goods or services (fraudulent
designation of origin; false description)
3. by procuring fraudulently from the patent
office the registration of TN, TM or SM

brand, label, or mark. (fraudulent registration)

SEE: discussion on intellectual property code.

ARTICLES OR MERCHANDISE INVOLVED for infringement, unfair competition, and false
1. gold designation or false description

2. silvers
3. other precious metals; or

4. their alloys

ELEMENTS
1. the offender imports, sells, or disposes of
any of those articles or merchandise
2. the stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
alloys
3. the offender knows that the stamps,
brands, or marks fails to indicate the actual

fineness or quality of the metals or alloys

SELLING OF THE MISBRANDED ARTICLE

IS NOT NECESSARY
ENOUGH NA
knowingly importing articles made of gold,

silvers etc, which includes possession.

NOTE: ART. 187 DOES NOT APPLY TO

M A N U FA C T U R E R O F M I S B R A N D E D
ARTICLES MADE OF GOLD, SILVERS, ETC
INSTEAD; they shall be liable for estafa.

prepared by: ronie ablan

AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
TITLE FIVE
C R I M E S R E L AT I V E T O
OPIUM AND OTHER
PROHIBITED DRUGS
REPEALED BY:
RA 9165; Comprehensive Dangerous Drugs
Act of 2002
LIMITED APPLICATION OF RPC
RA 9165 provides that where the offender is a
minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be
engineer or public official or foreigner.
reclusion perpetua to death.
ACTS PUNISHED UNDER CDDA OF 2002
1. importation of dangerous drugs and/or
controlled precursors and essential
chemicals
2. sale, trading, administration, dispensation,
delivery, distribution and transportation of
dd and/or cp and ec
3. maintenance of dd den, dive, resort
4. being employees or visitors of a dd den,
dive or resort
5. manufacture of dd and/or cp and ec
6. illegal chemical diversion of cp and ec
7. manufacture or delivery of equipment,
instruments, apparatus and other
paraphernalia for dd and/or cp and ec
8. possession of dd
9. possession of equipment, instrument,
apparatus, and other paraphernalia for dd
10. possession of dd during parties, social
gatherings or meetings
11. possession of equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs during parties, social
gatherings or meetings
12. use of dd
13. cultivation or culture of plants classified as
dd or are sources thereof
14. failure to maintain and keep original records
of transactions on dd and/or cp and ec
15. unnecessary prescription of dd
16. unlawful prescription of dd
NOTE: # 4
for visitors of drug den, dive or resort to be
held criminally liable
- he must be aware of the nature of the place
and knowingly visit the same
NOTE: a person who visted another
who was smoking an opium is not
liable, unless if the place is a drug den,
dive or resort.
practitioners
and for employees
- must likewise be aware of the nature of the
place
65 of 205
NOTE: the ff are aggravating circumstance
#5
1. any phase of the manufacturing process
was conducted in the presence or with the
help of minor/s
2. any phase or manufacturing process was
established or undertaken within 100
meters of a residential, business, church ir
school premises
3. any clandestine laboratory was secured or
protected with booby traps
4. any clandestine laboratory was concealed
with legitimate business operations
5. any employment of a practitioner, chemical
NOTE: possession of equipment,
instrument, apparatus and other
paraphernalia for dd -----
PRIMA FACIE EVIDENCE THAT THE
POSSESSOR HAD
smoked, consumed, administered to
himself/herself, injected, ingested or
used a dd and presumed to have
violated #12
NOTE: if the accused is both being held to
have used and is in possession of
dangerous drugs
- the provision on possession shall be applied.
(greater penalty)
NOTE: if any parcel of land is being used in
violation of RA 9165, either as where the
drug den is situated or where
manufacturing of dd are being held or
being used for cultivation of plants
classified as sources of dd, etc
- it shall be confiscated and escheated in favor
of the state.
NOTE: if the accused is licensed
professional or has legitimate business
under which the illegal activity is concealed
- the license as well as the business permit
shall be revoked.
UNNECESSARY PRESCRIPTION
p r a c ti ti o n e r, w h o s h a l l p r e s c r i b e a n y
dangerous drug to any person
whose physical or physiological
condition does not require the use or in
the dosage prescribed.
as deternined by the Board, in
consultation with recognized
competent expert who are
authorized representative of
professional organizations of
UNLAWFUL PRESCRIPTION OF DRUG
unauthorized, make or issue a prescription or
any other writing purporting to be a
prescription for any dd.
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
DEFINITION
(a) Administer. – Any act of introducing any
dangerous drug into the body of any person,
with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of
committing any act of indispensable assistance
to a person in administering a dangerous drug
to himself/herself unless administered by a
duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs
Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and
rehabilitation centers for drug dependents
referred to in Section 34, Article VIII of this Act.
(d) Chemical Diversion. – The sale,
distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured
controlled precursors and essential chemicals,
in diluted, mixtures or in concentrated form, to
any person or entity engaged in the
manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling,
relabeling or concealment of such transaction
through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use
of front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used
for the illegal manufacture of any dangerous
drug and/or controlled precursor and essential
chemical.
(f) Confirmatory Test. – An analytical test using
a device, tool or equipment with a different
chemical or physical principle that is more
specific which will validate and confirm the
result of the screening test.
(g) Controlled Delivery. – The investigative
technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or
controlled precursor and essential chemical,
equipment or paraphernalia, or property
believed to be derived directly or indirectly from
any offense, to pass into, through or out of the
country under the supervision of an authorized
officer, with a view to gathering evidence to
identify any person involved in any dangerous
drugs related offense, or to facilitate
prosecution of that offense.
(h) Controlled Precursors and Essential
Chemicals. – Include those listed in Tables I
and II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached
annex, which is an integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly
planting, growing, raising, or permitting the
66 of 205
planting, growing or raising of any plant which
is the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed in
the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in
the attached annex which is an integral part of
this Act.
(k) Deliver. – Any act of knowingly passing a
dangerous drug to another, personally or
otherwise, and by any means, with or without
consideration.
(l) Den, Dive or Resort. – A place where any
dangerous drug and/or controlled precursor
and essential chemical is administered,
delivered, stored for illegal purposes,
distributed, sold or used in any form.
(m) Dispense. – Any act of giving away, selling
or distributing medicine or any dangerous drug
with or without the use of prescription.
(n) Drug Dependence. – As based on the
World Health Organization definition, it is a
cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a
high priority thereby involving, among others, a
strong desire or a sense of compulsion to take
the substance and the difficulties in controlling
substance-taking behavior in terms of its onset,
termination, or levels of use.
(o) Drug Syndicate. – Any organized group of
two (2) or more persons forming or joining
together with the intention of committing any
offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The
caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner and/
or operator where any dangerous drug and/or
controlled precursor and essential chemical is
administered, delivered, distributed, sold or
used, with or without compensation, in
connection with the operation thereof.
(q) Financier. – Any person who pays for,
raises or supplies money for, or underwrites
any of the illegal activities prescribed under
this Act.
(r) Illegal Trafficking. – The illegal cultivation,
culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation,
distribution, importation, exportation and
possession of any dangerous drug and/or
controlled precursor and essential chemical.
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
(s) Instrument. – Any thing that is used in or
intended to be used in any manner in the
commission of illegal drug trafficking or related
offenses.
(t) Laboratory Equipment. – The paraphernalia,
apparatus, materials or appliances when used,
intended for use or designed for use in the
manufacture of any dangerous drug and/or
controlled precursor and essential chemical,
such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel,
flask, heating mantle, gas generator, or their
substitute.
(u) Manufacture. – The production,
preparation, compounding or processing of
any dangerous drug and/or controlled
precursor and essential chemical, either
directly or indirectly or by extraction from
substances of natural origin, or independently
by means of chemical synthesis or by a
combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or
relabeling of its container; except that such
terms do not include the preparation,
compounding, packaging or labeling of a drug
or other substances by a duly authorized
practitioner as an incident to his/her
administration or dispensation of such drug or
substance in the course of his/her professional
practice including research, teaching and
chemical analysis of dangerous drugs or such
substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as
"Marijuana" or "Indian Hemp" or by its any
other name. – Embraces every kind, class,
genus, or specie of the plant Cannabis sativa
L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus
and ganjab, and embraces every kind, class
and character of marijuana, whether dried or
fresh and flowering, flowering or fruiting tops,
or any part or portion of the plant and seeds
thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in
any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA)
or commonly known as "Ecstasy", or by its any
other name. – Refers to the drug having such
chemical composition, including any of its
isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or
commonly known as "Shabu", "Ice", "Meth", or
by its any other name. – Refers to the drug
having such chemical composition, including
any of its isomers or derivatives in any form.
(y) Opium. – Refers to the coagulated juice of
the opium poppy (Papaver somniferum L.) and
67 of 205
embraces every kind, class and character of
opium, whether crude or prepared; the ashes
or refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid
of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw;
and leaves or wrappings of opium leaves,
whether prepared for use or not.
(z) Opium Poppy. – Refers to any part of the
plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale,
Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches,
leaves or any part thereof, or substances
derived therefrom, even for floral, decorative
and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug
Enforcement Agency under Section 82, Article
IX of this Act.
(bb) Person. – Any entity, natural or juridical,
including among others, a corporation,
partnership, trust or estate, joint stock
company, association, syndicate, joint venture
or other unincorporated organization or group
capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. – The willful act by
any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly
or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/
or controlled precursor and essential chemical
in the person, house, effects or in the
immediate vicinity of an innocent individual for
the purpose of implicating, incriminating or
imputing the commission of any violation of this
Act.
(dd) Practitioner. – Any person who is a
licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or
pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who
knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her
influence, power or position in shielding,
harboring, screening or facilitating the escape
of any person he/she knows, or has
reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order
to prevent the arrest, prosecution and
conviction of the violator.
(ff) Pusher. – Any person who sells, trades,
administers, dispenses, delivers or gives away
to another, on any terms whatsoever, or
distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in
any of such transactions, in violation of this
Act.
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES 68 of 205
CRIMINAL LAW
BOOK II

(gg) School. – Any educational institution,
private or public, undertaking educational
operation for pupils/students pursuing certain
studies at defined levels, receiving instructions
from teachers, usually located in a building or
a group of buildings in a particular physical or
CRIMINAL LIABILITY OF A PUBLIC
OFFICER OR EMPLOYEE FOR
• misappropriation, misapplication, or failure to
account for the confiscated, seized and/or
surrendered
dd, plant sources of dd, cp and ec,
instruments/paraphernalia and/or

cyber site.
(hh) Screening Test. – A rapid test performed
to establish potential/presumptive positive
laboratory equipment, including the
proceeds or properties obtained for the
unlawful act committed.

result.

(ii) Sell. – Any act of giving away any

--- absolute perpetual disqualification
from any public office, removal from
office and maximum penalty is to be
dangerous drug and/or controlled precursor
and essential chemical whether for money or imposed.

any other consideration.

(jj) Trading. – Transactions involving the illegal

• if he benefited from the proceeds of the
trafficking of dd or received any financial or
material contributions or donations from
trafficking of dangerous drugs and/or natural or juridical persons found guilty of
controlled precursors and essential chemicals
using electronic devices such as, but not
limited to, text messages, email, mobile or
trafficking

--- shall be removed from office, and

landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a
broker in any of such transactions whether for
money or any other consideration in violation
perpetual absolute disqualification
from any public office. plus, maximum
penalty shall be imposed.

of this Act.

(kk) Use. – Any act of injecting, intravenously

• planting of evidence (covers private person),

regardless of the quantity and purity

or intramuscularly, of consuming, either by

chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the
--- death/RP

CRIMINAL LIABILITY OF OFFICERS OF

physiological system of the body, and of the PARTNERSHIP, CORPORATIONS, ASSOC

dangerous drugs.

NON-APPLICABILITY OF PROBATION OF
LAW
for any person convicted for drug trafficking or
OR OTHER JURIDICAL ENTITY (covers;
administrator of an estate and trustees)
- liable as co-principal, should they consent to
it or knowingly tolerates
either because they own it or has

pushing

COMMISSION OF A CRIME UNDER THE

control or supervision over the same.

ADDITIONAL PENALTY FOR ALIEN

INFLUENCE OF DD shall be deported immediately without further

a qualifying aggravating circumstance proceedings after service of sentence,
- sympre; unless if the penalty is
THE FF ARE PUNISHABLE EVEN BY MERE
ATTEMPT OR CONSPIRACY TO COMMIT IT
1. importation of dangerous drugs and/or

death.

controlled precursors and essential
chemicals
2. sale, trading, administration, dispensation,
delivery, distribution and transportation of
dd and/or cp and ec
3. maintenance of dd den, dive, resort
4. manufacture if any dd and/or co and ec
5. cultivation or culture of plants with which
ACCESSORY PENALTIES
for those convicted under RA. 9165, they shall
be disqualified to exercise their civil rights, and
political rights, such as, but not limited to the ff:
1. right of parental authority or guardianship
2. right to dispose of his property, by any act
inter vivos
3. right to vote and be voted

are sources of dd

NOTE: for importation of dd

suspension of rights shall persist even

during the pendency of the appeal.

- there must be a proof that the ship came from

a foreign port

NOTE: possession of opium on board of a

vessel, punishable under the Phil
- exe: if it is only in transit


prepared by: ronie ablan

AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
VOLUNTARY SUBMISSION OF DRUG
D E P E N D E N T T O C O N F I N E M E N T,
TREATMENT, AND REHABILITATION
WHO MAY APPLY
1. d r u g d e p e n d e n t o r p e r s o n b e i n g
prosecuted for having used dd
2. his spouse
3. his guardian or
4. relative within the 4th civil degree of
consanguinity or affinity
WHERE TO APPLY
1. Dangerous Drug Board; or
2. duly recognized representative, for
treatment and rehabilitation of the drug
his/her exemption from criminal liability
dependency
AFTER SUCH APPLICATION
the board shall bring forth the matter to the
court, which shall order
that the applicant be examined fro
drug dependency
THE TEST SHALL BE HELD AT
Board.
DOH accredited physician
IF AFTER THE EXAMINATION THE RESULT
YIELDS POSITIVE THAT THE ACCUSED IS
DRUG DEPENDENT
COURT SHALL ORDER
- that he shall undergo treatment and
rehabilitation for a period NOT LESS THAN 6
MOS, to
• center designated by the board; or
• DOH-accredited physician, if
a. there is no center near or accessible to
the residence of the dependent, or
b. said dependent is below 18 yrs old and
a first time offender,
and his non-confinement will
not pose danger to his family
or to the community.
A F T E R V O L U N TA R Y S U B M I S S I O N
PROGRAM, THE ACCUSED MAY BE
EXCUSED FROM CRIMINAL LIABILITY;
under the ff conditions.
• he/she has complied with the rules and
regulations of the
a. Center,
b. Board,
c. including the after-care and follow-ups
program for at least 18 mons following
temporary discharge from confinement,
and
d. after-care program and follow-up
schedule formulated by the DSWD and
evidence.
approved by the Board
• he/she has never been charged or convicted
of any offense punishable under RPC or any
special law
69 of 205
• He/she has no record of escape from a
center.
EXE:
Provided, that had he/she escaped,
he/she surrendered him/herself or
through his/her parent, spouse,
guardian or relative within the 4th civil
degree of consanguinity of affinity,
WITHIN 1 WK from the date of the
said escape
• he/she pose no serious danger to him/
herself, his/her family, or the community by
SHOULD A DRUG DEPENDENT, AFTER
VOLUNTARY SUBMISSION, VIOLATED
AGAIN SEC. 15 (USE OF DD) OR NOT
REHABILITATED AFTER THE SECOND
COMMITMENT
shall be charged for violation of Sec. 15
upon the recommendation of the
IN HERE;
the length or period of his confinement
and rehabilitation in the Center shall
be credited
in the service of his/her
sentence.
COMPULSORY CONFINEMENT OF DRUG
DEPENDENT
REQ
1. person determined and found to be drug
dependent on dd, refused to apply for
voluntary confinement
2. petition for his confinement, filed by any
person authorized by the Board
3. petition shall be filed in the RTC of he
province or city where such person is found
4. copy of the petition shall be given to the
dependent on dd
5. hearing
6. examination of the alleged drug dependent
during hearing, by at least 2 physicians
accredited by the Board
7. if the 2 physicians conclude that the
accused is drug dependent, shall order for
his commitment
• if the 2 physicians conclude otherwise,
the court shall immediately
order for his discharge
• if the 2 physicians has different findings,
the court shall consider other
NOTE: the order shall be issued not later than
15 days from the filing of the petition.
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES 70 of 205
CRIMINAL LAW
BOOK II

FOR OFFENSE WHERE THE IMPOSABLE PROVISIONS APPLICABLE TO FIRST-TIME

PENALTY IS OF LESS THAN 6 YRS AND 1
DAY
- the court may order for his compulsory

MINOR OFFENDER

SUSPENSION OF SENTENCE (sec. 66)

confinement, after determination that he is a after conviction, the accused who is
drug dependent at any stage of the • above 15 at the time of the commission of

proceedings

EFFECTS
the offense, but
• not more than 18 at the time when judgment
should have been promulgated

shall suspend the proceedings

NOTE: after the Board determines that

entitled to the benefits of suspension of

sentence, subject to the ff conditions:

the accused is drug dependent and 1. he/she has not been previously convicted
should be committed, of violating any provision of DDA, RPC or
- petition to that effect shall be filed to any special laws

the court where the case is pending

UPON FILING OF SUCH PETITION

2. he/she has not been previously committed
to a Center or to the care of DOH-
accredited physician; and
- the court shall take judicial notice that 3. the Board favorably recommends that his/
the accused is drug dependent and
shall hear the petition.
- if the court finds that the accused is
her sentence be suspended

DURING THE SUSPENSION OF SENTENCE

indeed drug dependent, shall order for he shall be placed under supervision and

the commitment of the accurd surveillance of the Board, under such condition
that the court may impose
AFTER COMMITMENT OF THE
ACCUSED, DUTY OF THE HEAD OF
THE CENTER WHERE THE
for a period ranging from 6 to 18 mos.

NOTE: if the accused is below 15 years of age

ACCUSED IS BEING COMMITTED
submit to the court every 4 mos, or as
often as the court may require
- a written report of the progress of the
- PD 1179 shall apply; Child and Youth Welfare
Code,
- without prejudice to sec. 66

treatment NOTE: same conditions for the dismissal of all
the proceedings after the minor is discharge
AFTER THE ACCUSED IS
REHABILITATED; as certified by the
Center and the Board

from confinement.

NOTE: privilege of suspended sentence to be

- he shall be returned to the court availed of only once by a first-time minor
which committed him, and the trial

shall continue.
offender

PROBATION OR COMMUNITY SERVICE

IN CASE OF CONVICTION; the ff FOR FIRST-TIME MINOR OFFENDER IN

effects

• should the accused, during the

LIEU OF IMPRISONMENT
- discretionary upon the court, even though the
sentence imposed upon the accused is higher
period of his commitment,
maintained good behavior
- his entire stay shall be given

than 6 years

PARENTS, SPOUSE, GUARDIAN WHO

full credit REFUSED TO COOPERATE WITH THE
BOARD OR ANY CONCERNED AGENCY
• should the accused is being
prosecuted for sec. 15
- the penalty shall deemed to

- may be cited for contempt by the court

ie. refusal to comply with the after-care

have been served; when
a. he is not a recidivist
b. and certificate from the

programs, etc.

----------------------------------------------

board and the center that

he is rehabilitated.

NOTE: during compulsory submission

program, it shall toll the running of the
prescription of the offense charge against him.


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POSSESSION OF DANGEROUS DRUGS

THE POSSESSION MUST BE

1. unauthorized
2. actual or constructive
3. irrespective or its quantity and

4. with intent to possess

intent to possess
with full knowledge that what was
possessed was any of the prohibited

drugs or dd

unauthorized possession; need not

be alleged in the info

NOTE: WHAT THE LAW PUNISHES IS
PRESENT POSSESSION
HENCE; stains of marijuana, is only indicative

of past possession.

CONSTRUCTIVE POSSESSION;
- when while not in actual physical possession,
but he has control and management and
subject to his dispositiin


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 THE AWESOME NOTES 72 of 205
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TITLE SIX
CRIMES AGAINST PUBLIC
MORALS

GAMBLING AND BETTING
1. gambling
2. importation, sale, possession of lottery
tickets or advertisements
3. betting in sport contest
4. illegal betting on horse races

5. illegal cockfighting

OFFENSES AGAINST DECENCY AND

GOOD CUSTOM
1. grave scandal
2. immoral doctrines, obscene publication and
exhibitions

3. vagrancy and prostitution

skip muna


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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
OFFENSES AGAINST DECENCY
AND GOOD CUSTOMS
GRAVE SCANDAL
ART. 200
The penalties of arresto mayor and public
censure shall be imposed upon any person
who shall offend against decency or good
customs by any highly scandalous conduct not
expressly falling within any other article of this
Code.
ELEMENTS
1. that the offender performs an act/s
2. that such act/s be highly scandalous as
offending against decency or good customs
3. the highly scandalous conduct is not
expressly falling within any other article of
this Code
4. the act/s complained of be committed in
public places or within the public
knowledge or view
GRAVE SCANDAL; defined
consists of acts which are offensive to decency
and good customs,
• which having been committed publicly
and
• have given rise to public scandal to
persons who have accidentally
witnessed the same
DECENCY; defined
propriety of conduct, proper observance of the
requirement of modesty, good taste, etc
CUSTOMS; defined
established usage, social conventions carried
on by tradition and enforced by social
969)
disapproval of any violation thereof.
NOTE: Art. 200 shall not apply when the
act/s of the offender is likewise punishable
under other provision
- ie: if the conduct constitutes lascivious
conduct, act of lasciviousness shall apply.
ACT MUST BE PERFORMED IN A PUBLIC
PLACE OR WITHIN THE PUBLIC
KNOWLEDGE OR VIEW
HENCE; kung done in a private place, and per
chance someone saw it, no crime of grave
scandal arises.

73 of 205
IMMORAL DOCTRINE,
OBSCENE PUBLICATIONS &
EXHIBITIONS, AND INDECENT
SHOWS
ART. 201
The penalty of prision mayor or a fine ranging
from six thousand to twelve thousand pesos,
or both such imprisonment and fine, shall be
imposed upon:
(1) Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals;
(2)
a. the authors of obscene literature, published
with their knowledge in any form; the
editors publishing such literature; and the
owners/operators of the establishment
selling the same;
b. T h o s e w h o , i n t h e a t e r s , f a i r s ,
cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
prescribed by virtue hereof, shall include
those which (1) glorify criminals or condone
crimes; (2) serve no other purpose but 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) are contrary to
law, public order, morals, and good
customs, established policies, lawful
orders, decrees and edicts;
c. Those who shall sell, give away (distribute)
or exhibit films, prints, engravings,
sculpture or literature which are offensive to
morals. (As amended by PD Nos. 960 and
MORAL; defined
conformity with the generally accepted
standards of goodness or rightness in conduct
or character, sometimes, specifically, to sexual
conduct.
OBSCENE; defined
something offensive to chastity, decency or
delicacy
INDECENCY; defined
an act against good behavior and just delicacy
NOTE: ART 201: REQUIRES PUBLICITY!
NOTE: author of obscene literature is liable
only when
it is published with his knowledge
IN EVERY CASE
- editor publishing it is liable
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
TEST OF OBSCENITY
whether the tendency of the matter charged as
obscene is
• to deprive or corrupt those whose minds are
open to such immoral influences, and into
those hands such a publication may fall; and
• shocks the ordinary and common sense of
men as an indecency
ARTISTIC AND AESTHETIC
CREATION
GENERALLY; (when involves nude
painting, sculptures, performance, etc)
not inherently obscene
WHAT MAKES IT OBSCENE IS
by posture and movements of such
body, produces perceptible and
discernible reaction in the public or
audience witnessing the same.
- whether it is naturally calculated to
excite impure imaginations
ALSO: when such is used not for art's
sake but for commercial purposes
RATION OF ART. 201
protect the morals of the public
DISPOSITION OF PROHIBITED ARTICLES
literature, films, prints, engravings, sculptures,
paintings, or other materials; shall be
UPON CONVICTION OF THE ACCUSED
- shall be forfeited in favor of the govt to be
destroyed
IN CASE ACQUITTED
- shall be forfeited in favor of the govt to be
destroyed, after forfeiture proceedings
REMEDY OF AGGRIEVED PERSON
- appeal within 15 days from receipt of the
copy of the decision.
ADDITIONAL PENALTY
IN CASE THE OFFENDER IS A PUBLIC
OFFICIAL OR EMPLOYEE
1. maximum penalty shall be imposed
2. accessory penalty of disqualification
NOTE: RA 7610 shall apply if minor is
involved.
gambling houses
VISIBLE MEANS OF SUPPORT
74 of 205
VAGRANTS & PROSTITUTES
ART. 202
The following are vagrants:
1. Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling;
2. Any person found loitering about public or
semi-public buildings or places or trampling
or wandering about the country or the
streets without visible means of support;
3. Any idle or dissolute person who ledges in
houses of ill fame; ruffians or pimps and
those who habitually associate with
prostitutes;
4. Any person who, not being included in the
provisions of other articles of this Code,
shall be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who,
for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed
to be prostitutes.
Any person found guilty of any of the offenses
covered by this articles shall be punished by
arresto menor or a fine not exceeding 200
pesos, and in case of recidivism, by arresto
mayor in its medium period to prision
correccional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in
the discretion of the court.
ART. 201 WILL NOT APPLY TO MINORS
INSTEAD; they shall undergo appropriate
counseling and treatment program under
RA 9344; Juvenile Justice and Welfare Act of
2006
REQ OF ABSENCE OF VISIBLE MEANS OF
SUPPORT; applies only to:
1. Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling;
2. Any person found loitering about public or
semi-public buildings or places or trampling
or wandering about the country or the
streets without visible means of support;
- covers: loitering in saloons and
NOTE: SUPPORT GIVEN BY
PARENTS TO A CHILD IS NOT A
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MENDICANT; defined
is a person who has no visible and legal
means of support, or lawful employment and
who is physically able to work but neglects to
apply himself to some lawful calling, and
instead, uses begging as a means of

living.

NOTE: ABSENCE OF ELEMENT OF

BEGGING

- vagrant lang sya.

ABETTING MENDICANCY; also punishable

BY: giving alms directly to the mendicants,
exploited infants and minors in public road,

sidewalks, parks and bridges

RUFFIANS; defined

are brutal, violent, lawless persons

PROSTITUTES
are women who
• habitually indulges in sexual intercourse or
lascivious conduct,
• for money or profit.


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 THE AWESOME NOTES 76 of 205
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THE FF ARE COMMITTED BY PUBLIC

TITLE SEVEN
CRIMES COMMITTED BY
OFFICERS

I. MALFEASANCE AND MISFEASANCE IN

PUBLIC OFFICERS

OFFICE

i. DERELICTION OF DUTY
WHO ARE PUBLIC OFFICER 1. k n o w i n g l y r e n d e r i n g u n j u s t
judgment
2. j u d g m e n t r e n d e r e d t h r o u g h
ART. 203 negligence
For the purpose of applying the provisions of 3. unjust interlocutory order
this and the preceding titles of this book, any 4. m a l i c i o u s d e l a y i n t h e
person who, by direct provision of the law, administration of justice
popular election or appointment by competent 5. p r o s e c u t i o n o f o f f e n s e s ;
authority, shall take part in the performance of negligence and tolerance
public functions in the Government of the 6. betrayal of trust by an atty or
Philippine Islands, of shall perform in said
Government or in any of its branches public
duties as an employee, agent or subordinate ii. BRIBERY

solicitor

official, of any rank or class, shall be deemed 1. direct bribery

to be a public officer.

REQUISITES
2. indirect bribery
3. qualified bribery
1. taking part in the performance of public
functions in the govt; or performing is said

II.
4. corruption of public officials

FRAUDS AND ILLEGAL EXACTIONS

govt or in any of its branches, public duties AND TRANSACTIONS
as an employee, agent or subordinate 1. frauds against the public treasury and
official, of any rank or class similar offenses
2. that his authority to take part in the 2. other frauds
performance of public functions or to 3. prohibited transactions
perform public duties must be 4. possession of prohibited interest by a
a. by direct provision of law
b. by popular election; or public officer

c. by appointment by competent authority

HENCE; mere govt laborer is not a

III. MALVERSATION OF PUBLIC FUNDS
AND PROPERTIES
1. m a l v e r s a t i o n b y a p p r o p r i a t i n g ,
public officer misappropriating or permitting any
UNLESS: he performs public other person to take public funds or
function property
ie. 2. failure of accountable officer to render
appointed by Acting Director of acct
Bureau of Posts as sorter and 3. failure of a responsible public officer to

filer of money order.

also, while being an

render accounts before leaving the
country
4. illegal use of public funds or property
emergency helper of the 5. failure to make delivery of public funds
Bureau of Treasury on daily
wage basis, without
appointment as janitor or
or property

messenger, is a public officer,

having been entrusted with the
IV.

INFIDELITY OF PUBLIC OFFICERS

i. INFIDELITY IN THE CUSTODY OF

custody of official document.
- regardless on the temporary PRISONERS
1. conniving with or consenting to

nature of his employment.
evasion
2. evasion through negligence

3. escape of prisoner under the

custody of a person who is not a
public officer

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ii. INFIDELITY IN THE CUSTODY OF MALFEASANCE AND

DOCUMENTS
1. r e m o v a l , c o n c e a l m e n t o r
MISFEASANCE IN OFFICE
destruction of documents
2. officer breaking seal
3. opening of close documents
MISFEASANCE; defined
improper performance of some act which might
iii. REVELATION OF SECRETS
1. revelation of secrets by an officer
2. public officer revealing the secrets

lawfully be done

MALFEASANCE; defined

of private individual

V. OTHER OFFENSES OR IRREGULARITIES

performance of some act which ought not to be

done

BY PUBLIC OFFICERS NONFEASANCE; defined
omission of some acts which ought to be
i. DISOBEDIENCE, REFUSAL, OF
ASSISTANCE AND MALTREATMENT

performed

OF PRISONERS DERELICTION OF DUTIES

1. open disobedience
2. disobedience to order of superior
officer, when said order was
suspended by inferior officer KNOWINGLY RENDERING
3. refusal of assitance
4. refusal to discharge elective office
UNJUST JUDGMENT
5. maltreatment of prisoners

ii. ANTICIPATION, PROLONGATION ART. 204
Any judge who shall knowingly render an
AND ABANDONMENT OF THE
unjust judgment in any case submitted to him
DUTIES AND POWERS OF PUBLIC for decision, shall be punished by prision
OFFICE
1. anticipation of duties of a public
office

mayor and perpetual absolute disqualification.

ELEMENTS
2. prolonging performance of duties 1. that the offender is a judge
and powers 2. that he renders a judgment in a case

3. abandonment of office or position submitted to him for decision
3. the the judgment is unjust
iii. USURPATION OF POWERS AND
UNLAWFUL APPOINTMENT
4. the judge knows that his judgment is unjust

JUDGMENT; defined
1. usurpation of legislative powers
2. usurpation of executive functions is a final consideration and determination of a
3. usurpation of judicial functions court of competent jurisdiction upon matters
4. d i s o b e y i n g r e q u e s t f o r
disqualification
submitted to it, in an action or proceeding

UNJUST JUDGMENT; defined

5. order or request by executive
officer to any judicial authority • one which is contrary to law, or

6. unlawful appointment

• is not supported by he evidence, or both

WHEN AN UNJUST JUDGMENT IS

iv. ABUSE AGAINST CHASTITY
RENDERED KNOWINGLY
1. abuse against chastity


when it is made deliberately and maliciously

HENCE; not punishable, if the error

was made in gf

EVIDENCE REQUIRED FOR PROPER

PROSECUTION
1. that the judgment is unjust, as it cannot be
presumed
2. that the judge knew that his judgment is

unjust

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 THE AWESOME NOTES 78 of 205
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INTERLOCUTORY ORDER; defined

an order which us issued by the court between
JUDGMENT RENDERED the commencement and the end of suit or
THROUGH NEGLIGENCE action, and which decides some point or
matter, but which, however, is not a final

ART. 205
decision of the matter in issue.

ie. granting preliminary injunction or

Any judge who, by reason of inexcusable
negligence or ignorance shall render a appointing a receiver.
manifestly unjust judgment in any case
submitted to him for decision shall be
punished by arresto mayor and temporary MALICIOUS DELAY IN THE

special disqualification.

ELEMENTS
1. that the offender is a judge
2. that he renders a judgment in a case
submitted to him for decision
3. that the judgment is manifestly unjust; and
4. it is due to his inexcusable negligence or
ignorance
ADMINISTRATION OF JUSTICE
ART. 207
The penalty of prision correccional in its
minimum period shall be imposed upon any
judge guilty of malicious delay in the

WHEN IS A JUDGMENT MANIFESTLY

administration of justice.

UNJUST
when it is manifestly contrary to law,
that even a person having meager
knowledge of the law cannot doubt of
the injustice
ABUSE OF DISCRETION OR MERE ERROR
IN JUDGMENT, NOT PUNISHABLE
ELEMENTS
1. the offender is a judge
2. that there is a proceeding in his court
3. he delays the administration of justice
4. the delay is malicious, that is, the delay is
cause by the judge with deliberate intent to
inflict damage on either party in the case.

HENCE; delay without malice, is not a

- as it does not necessarily follow that there is felony under this article.
bf or signifies ignorance of the law on the part
of the judge, nor ulterior motive, arbitrary
conduct or willful disregard of litigant's rights
DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES
UNJUST INTERLOCUTORY
ORDER
ART. 208
The penalty of prision correccional in its
minimum period and suspension shall be
ART. 206
imposed upon any public officer, or officer of
Any judge who shall knowingly render an
the law, who, in dereliction of the duties of his
unjust interlocutory order or decree shall suffer
office, shall maliciously refrain from instituting
the penalty of arresto mayor in its minimum
prosecution for the punishment of violators of
period and suspension; but if he shall have
the law, or shall tolerate the commission of
acted by reason of inexcusable negligence or
ignorance and the interlocutory order or decree
be manifestly unjust, the penalty shall be

offenses.

ACTS PUNISHABLE

suspension.

ELEMENTS
1. by maliciously refraining from instituting
prosecution against violator of the law
2. by maliciously tolerating the commission of
1. that the offender is a judge
2. he perform any of the ff acts
a. knowingly renders unjust interlocutory
the offense

order or decree
b. r e n d e r s a m a n i f e s t l y u n j u s t

AKA: PERVARACION

interlocutory order or decree through

inexcusable negligence or ignorance

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 THE AWESOME NOTES 79 of 205
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ELEMENTS
1. that the offender is a public officer or officer
of the law who has the duty to cause the
DERELICTION OF DUTY IN THE
prosecution of, or to prosecute, offenses PROSECUTION OF OFFENSES
2. that there is a dereliction of the duties of
his office; that is, knowing the commission
of the offense, he does not cause the ART. 209
prosecution of he criminal, or knowing that In addition to the proper administrative action,
a crime is about to be committed, he the penalty of prision correccional in its
tolerates its commission minimum period, or a fine ranging from 200 to
3. that the offender acts with malice and 1,000 pesos, or both, shall be imposed upon
deliberate intent to favor he violator of the any attorney-at-law or solicitor ( procurador
law.

WHO CAN BE THE OFFENDER UNDER

ART. 208
1. PUBLIC OFFICER; extends to officer of the
prosecution department, whose duty is to
institute criminal proceedings for felonies
judicial) who, by any malicious breach of
professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned
by him in his professional capacity.

The same penalty shall be imposed upon an

upon being informed of their perpetration.
2. OFFICER OF THE LAW; all those who, by
reason of the position held by them, are
duty-bound to cause the prosecution and
punishment of the offender.
BASTA; IN THEIR FUNCTIONS, THEY HAVE
THE DUTY
attorney-at-law or solicitor (procurador judicial)
who, having undertaken the defense of a client
or having received confidential information
from said client in a case, shall undertake the
defense of the opposing party in the same
case, without the consent of his first client.

ACTS PUNISHED AS BETRAYAL OF TRUST

to prosecute or to move the prosecution of he BY ATTORNEY

offender. 1. by causing damage to his client, either by
any malicious breach of profession duty or

ie: Chief of Police, Barrio Lieutenant

REQ: maliciously refrain from instituting

prosecution.
EXCUSE: where he is not convinced that the
evidence gathered or presented would warrant
by inexcusable negligence or ignorance
2. by revealing any of the secrets of his client
learned by him in his professional capacity
3. by undertaking the defense of he opposing
party in the same case, without the consent
of his first client, after having undertaken

the filing of an action in court the defense of said first client or after
having received confidential information
REQ: tolerate the commission of offenses

ie: agreed not to raid a gambling house
from said client. (EXE: client consented)

NOTE: damage to the client is only

NOTE: REQUIRED THAT THE CRIME MUST
FIRST BE PROVED BEFORE ONE CAN BE
CONVICTED FOR DERELICTION.

required in #1

hence; should the offense committed by a
violator is not proved, there can be no
dereliction of duty on part of the person who
has the duty to prosecute.
PURCADOR JUDICIAL
the person who had some practical knowledge
of law and procedure, but not a lawyer, and
was permitted to represent a party in a case
before any inferior court.

NOTE: should a public officer, who having

- abolished in Rules of Court. (?) not sure here.

the duty of prosecuting the offender,

harbored, concealed or assisted in the
escape of the latter, what is he crime
committed?
A: the public officer is liable for dereliction of
duty in prosecuting the offense, and not treated

as mere accessory of the offender.

NOTE: Art. 208 does not apply to Revenue

Officers of BIR.
hence, in case of failure to report to their
supervisor any violation, they shall be

punished under (NIRC maybe?)

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 THE AWESOME NOTES
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BRIBERY
DIRECT BRIBERY
ART. 210
Any public officer who shall agree to perform
an act constituting a crime, in connection with
the performance of this official duties, in
consideration of any offer, promise, gift or
present received by such officer, personally or
through the mediation of another, shall suffer
the penalty of prision mayor in its medium and
maximum periods and a fine [of not less than
the value of the gift and] not less than three
times the value of the gift in addition to the
penalty corresponding to the crime agreed
upon, if the same shall have been committed.
If the gift was accepted by the officer in
consideration of the execution of an act which
does not constitute a crime, and the officer
executed said act, he shall suffer the same
penalty provided in the preceding paragraph;
and if said act shall not have been
accomplished, the officer shall suffer the
penalties of prision correccional, in its medium
period and a fine of not less than twice the
value of such gift.
If the object for which the gift was received or
promised was to make the public officer refrain
from doing something which it was his official
duty to do, he shall suffer the penalties of
prision correccional in its maximum period and
a fine [of not less than the value of the gift and]
not less than three times the value of such gift.
In addition to the penalties provided in the
office performs his functions.
preceding paragraphs, the culprit shall suffer
the penalty of special temporary
disqualification.chanrobles virtual law library
chan robles virtual law library
The provisions contained in the preceding
paragraphs shall be made applicable to
assessors, arbitrators, appraisal and claim
commissioners, experts or any other persons
performing public duties. (As amended by
Batas Pambansa Blg. 872, June 10, 1985).
ACTS PUNISHABLE UNDER DIRECT
BRIBERY
1. agreeing to perform, or by performing, in
consideration of any officer, promise, gift or
present--- an act constituting a crime, in
connection with the performance of his
official duties
2. accepting a gift in consideration of the
execution of an act which does not
constitute a crime, in connection with the
performance of his official duties.
3. agreeing to refrain, or by refraining, from
doing something which it is his official duty
to do so, in consideration of gift or promise.
80 of 205
ELEMENTS
1. that the offender be a public officer within
the scope of art. 203
2. that the offender accepts an offer or
promised or receives a gift or present by
himself or though another
3. that such offer or promise be accepted, or
gift or present received by the public officer
• with a view of committing a crime
• in consideration of the execution of an
act which does not constitute a crime,
but the act must be unjust; or
• to refrain from doing something which it
is his official duty to do.
4. that the act in which the offender agrees to
perform or which he executes be connected
with the performance of his official duties.
NOTE. ART. 210 applies to
assessors, arbitrators, appraisal and claim
commissioners, experts, or other persons
performing public duties.
other persons performing public duties
- does not extend to private persons, kasi di
sakanila mag aaply yung additional penalty of
special temporary disqualification.
REQUISITE #2; MANNER
1. gift offered voluntarily by a private person
2. gift is solicited by a public officer and the
private person voluntarily delivers it to a
public officer
3. gift solicited by a public officer, as a
consideration for his refraining from
performance of an official duty and the
private person gives the gift for fear of the
consequence which would result if the
MUST THE OFFER OR PROMISE BE
ACCEPTED FIRST BEFORE THERE CAN BE
DIRECT BRIBERY?
NO
- mere acceptance of promise of gift already
constitute as direct bribery, when such is in
consideration of performing an act which would
constitute as a crime.
YES; the actual gift must first be accepted
- when such is received in consideration of
performing an act which would not constitute a
crime.
SHOULD THE OFFER IS NOT ACCEPTED,
WHAT IS THE CRIME COMMITTED
THE PUBLIC OFFICER; no criminal liability
THE OFFEROR; corruption of public officer
under Art. 212
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NOTE: the gift or present must have a value THIRD FORM OF DIRECT BRIBER
or be capable of pecuniary estimation refraining from doing something which it is

may it be money, property, or service

HENCE: supposing the consideration is that he

his official duty to do

PROVIDED: in such omission, it does not

would reinstate the friend of the mayor should amount to a crime.
he execute an act, Otherwise, the bribery here will fall
- the acceptance of the offer does not amount
to bribery, as the offer made is not capable of
under the first form.

pecuniary estimation.

FIRST FORM OF DIRECT BRIBERY

PERVARICACION BRIBERY

that the act to be performed by the public mere delay officer refrained from

officer must constitute a crime

should the public officer accepted the offer and

ART. 208 doing his official
duty in consideration
of a gift received or
promise to perform the unlawful act promised
- he shall suffer, in addition to the penalty
corresponding to the crime of bribery, the
penalty for the crime committed in lieu of the
IN RE: ESTAFA

bribe

REQ: that the act which the public officer

agrees to perform must be connected with
the performance of official duties.
- but the law does not requires that such is part
if the gift or present was received by a public
officer under a promise for something of which
he has no authority to do so,
- the crime committed here is not bribery, but
rather Estafa, due to the employment of deceit.

of his statutory duty

ENOUGH NA:
that the action to be affected by the INDIRECT BRIBERY
bribe be part of the established

procedure if a governmental agency.

HENCE; no bribery
- if the act agreed to be performed is so
foreign to the duties of his office as to
lack even color of authority
The penalties of prision correccional in its
medium and maximum periods, and public
censure shall be imposed upon any public
officer who shall accept gifts offered to him by

SECOND FOR OF DIRECT BRIBERY

reason of his office. (As amended by Batas

Pambansa Blg. 872, June 10, 1985).
the act intended by the public officer does ELEMENTS

not amount to a crime

PENALTY DEPENDS ON WON

1. that the offender is a public officer
2. that he accepts gift
3. that the said gifts are offered to him by
THE OFFICER EXECUTED THE ACT
- PC min to med
- Fine; not less than the value of the gift and
reason of his office

ACCEPTANCE OF THE GIFT; required

not more than 3x its value

THE OFFICER DID NOT ACCOMPLISHED

DAPAT MERONG
• clear intention on the part of the public officer
to take the gift so offered; and
THE ACT
- AMyr max
- Fine; not less than the value of the gift and

• consider the same as his own property

HENCE; mere physical receipt

not more than 2x its value

FF ABOVE; DAPAT THERE IS AN OVERT

unaccompanied by any other sign
- is not an acceptance contemplated
ACT IN PURSUANCE OF THE AGREEMENT
HENCE; mere agreement alone or promise,

by law to constitute indirect bribery.

NOTE: no frustrated or attempted indirect

does not amount to direct bribery under its 2nd bribery.

form. - either it is consummated by acceptance, or

no offense committed by non-acceptance.

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 THE AWESOME NOTES 82 of 205
CRIMINAL LAW
BOOK II

DIRECT BRIBERY INDIRCT BRIBERY

CORRUPTION OF PUBLIC
both involves; public officer receives a gift OFFICIALS

there is an no agreement
ART. 212
agreement between
the giver and the
public officer

between them

EXE: even if there is

The same penalties imposed upon the officer
corrupted, except those of disqualification and
an agreement, still suspension, shall be imposed upon any person
considered as who shall have made the offers or promises or
indirect bribery when given the gifts or presents as described in the
- when he received
the sum of money in
performance of work

preceding articles.

ELEMENTS
which he has the 1. that the offender makes offers or promises
duty to do so and or gives gifts or presents to a public officer
the act is not unjust. 2. that the offers or promises are made or the
PEOPLE VS gift or present given to a public officer,
PAMPLONA under the circumstances that will make the
public officer liable under direct or indirect
public officer agreed
to perform an act or
promise the
acceptance, by
reason of his office bribery

THE OFFENDER HERE IS

performance of such - the giver of the gift or the offeror of the

INDIRECT BRIBERY COVERS GIFT GIVEN
promise

NOTE: still constitute as corruption of
ON OCCASION OF CHRISTMAS OR ANY public official, even though it was
OCCASION demanded from him or was given or

PD 46

NOTE: The criminal penalty of

made by him involuntarily

NOTE: bribery is usually proved by evidence

imprisonment is distinct from he
administrative penalty.
acquired in entrapment (marked money)

QUALIFIED BRIBERY

ART. 211-A
if any public officer is entrusted with law
enforcement and he refrains from arresting or
prosecuting an offender who has committed a
crime punishable by RP and/or death in
consideration of any offer, promise, gift or
present, he shall suffer the penalty for the

offense which was not prosecuted.

if it is the public officer who asks or demands

such gift or present, he shall suffer the penalty

of death.

ELEMENTS
1. that the offender is a public officer
entrusted with law enforcement
2. that the offender refrains from arresting or
prosecuting an offender who has committed
a crime punishable by RP and/or death
3. that the offender refrains from arresting or
prosecuting the offender in consideration of
any promise, gift or present.



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AAA - BASTE / ATB
 THE AWESOME NOTES 83 of 205
CRIMINAL LAW
BOOK II

ANTI-GRAFT AND CORRUPT

PRACTICES ACT

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
FRAUD AND ILLEGAL
EXACTION & TRANSACTIONS
FRAUD AGAINST THE PUBLIC
taxes, licenses, fees and other imposts.
TREASURY AND SIMILAR
OFFENSES
ART. 213
The penalty of prision correccional in its
medium period to prision mayor in its minimum
period, or a fine ranging from 200 to 10,000
pesos, or both, shall be imposed upon any
public officer who:
1. In his official capacity, in dealing with any
person with regard to furnishing supplies,
the making of contracts, or the adjustment
the govt
or settlement of accounts relating to public
property or funds, shall enter into an
agreement with any interested party or
speculator or make use of any other
scheme, to defraud the Government;
2. Being entrusted with the collection of taxes,
licenses, fees and other imposts, shall be
guilty or any of the following acts or
omissions:
a. Demanding, directly, or indirectly, the
payment of sums different from or
larger than those authorized by law.
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially.
c. Collecting or receiving, directly or
govt
indirectly, by way of payment or
otherwise things or objects of a nature
different from that provided by law.
When the culprit is an officer or employee of
the Bureau of Internal Revenue or the Bureau
of Customs, the provisions of the
Administrative Code shall be applied.
ACTS PUNISHABLE UNDER ART 213
1. by entering into an agreement with any
interested party or spectator or making use
of any other scheme, to defraud the Govt,
in dealing with any person with regard to
furnishing supplies, the making of
contracts, or the adjustment or settlement
of accounts relating to public property or
different from that provided by law.
funds
2. by demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in the
collection of taxes, licenses, fees and other
imposts
3. by failing voluntarily to issue receipt, as
provided by law, for any sum of money
84 of 205
collected by him officially, in the collection
of taxes, licenses, fees and other imposts
4. by collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of nature different from
that provided by law, in the collection of
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR 1)
1. that the offender be a public officer
2. the he should have taken advantage of his
office, that is, he intervened in the
transaction in his official capacity
3. that he entered into an agreement with any
interested part or speculator or made use if
any other scheme with regard to furnishing
supplies, making of contracts, or the
adjustment or settlement of accounts
relating to a public property or funds.
4. that the accused had intended to defraud
PUBLIC OFFICER MUST ACT IN HIS
OFFICIAL CAPACITY
THAT IS; the public officer must have the duty
as public officer to deal with any person with
regard to
• furnishing supplies,
• the making of the contracts, or
• adjustment or settlement of accounts
= relating to public property of funds.
THE CRIME IS CONSUMMATED BY
• mere entering into an agreement with any
interested party or speculator; or
• mere use of any other scheme to defraud the
ELEMENTS OF ILLEGAL EXACTION
1. that the offender is public officer entrusted
with the collection of taxes, licenses, fees
and others imposts.
2. that he is guilty of any of the ff acts or
omission:
a. Demanding, directly, or indirectly, the
payment of sums different from or
larger than those authorized by law.
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially.
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise things or objects of a nature
NOTE: mere demand consummates the
crime
FAILURE TO ISSUE OFFICIAL RECEIPT; the
ff crimes are committed
1. illegal exaction under par. 2 of Art. 213; and
2. Sec. 113 Art. III, Chap V of the National
Accounting and Auditing Manual

prepared by: ronie ablan
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: WHEN ESTAFA IS THE CRIME
COMMITTED AND NOT ILLEGAL
EXACTION
when greater fees than those prescribed by
law is demanded.
ART. 213 DOES NOT COVER EMPLOYEES
AND OFFICERS OF BIR AND BUREAU OF
CUSTOMS
- they shall be under NIRC or Administrative
Code.
OTHER FRAUDS
jurisdiction.
ART. 214
In addition to the penalties prescribed in the
provisions of Chapter Six, Title Ten, Book Two,
of this Code, the penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification shall be
imposed upon any public officer who, taking
advantage of his official position, shall commit
any of the frauds or deceits enumerated in said
transaction during the incumbency
provisions.
ELEMENTS
1. that the offender is a public officer
2. that he takes advantage of his official
position
3. that he commits any of the frauds or deceits
enumerated in Art. 315
expected rise or fall in price
ANY OF THE FRAUDS OR DECEITS
ENUMERATED IN THE PROVISION OF
CHAP SIX, TITLE X, BOOK II
1. estafa
2. other forms of swindling
3. swindling of minors and
4. other deceits
JURISDICTION
vested to RTC

administration of public funds
85 of 205
PROHIBITED TRANSACTIONS
ART. 215
The penalty of prision correccional in its
maximum period or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed upon
any appointive public officer who, during his
incumbency, shall directly or indirectly become
interested in any transaction of exchange or
speculation within the territory subject to his
ELEMENTS
1. that the offender is an appointive public
officer
2. that he becomes interested, directly or
indirectly, in any transaction of exchange or
speculation
3. that the transaction takes place within the
territory of the subject to his jurisdiction
4. that he becomes interested in the
THE TRANSACTION MUST BE ONE OF
EXCHANGE OR SPECULATION
ie. buying and selling stocks, commodities,
land, etc
hoping to take advantage of an
HENCE; no punishable
- when he does so, not as a means of
taking part in business or trade, but
simply to invest funds at a legal
interest. not speculative kasi
ie. when speculative
- buying regularly securities for resale
Gist: the appointive public officer
should not devote himself to
commerce
EXAMPLE OF PERSONS WHO ARE
APPOINTIVE PUBLIC OFFICIALS
1. justices, judges, fiscals
2. employees engaged in the collection and
NOTE: that such appointive public official to be
punishable under this article, must engage
commerce within the territory subject to his
jurisdiction.
- hence, fiscal in manila, may engage in
commerce in makati.
prepared by: ronie ablan
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC
OFFICER
ART. 216
The penalty of arresto mayor in its medium
period to prision correccional in its minimum
period, or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed upon a public
officer who directly or indirectly, shall become
interested in any contract or business in which
it is his official duty to intervene.
This provisions is applicable to experts,
arbitrators and private accountants who, in like
manner, shall take part in any contract or
transaction connected with the estate or
property in appraisal, distribution or
adjudication of which they shall have acted,
and to the guardians and executors with
respect to the property belonging to their
wards or estate.
WHO ARE LIABLE FOR POSSESSION OF
PROHIBITED INTEREST
1. public officer, who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene
2. e x p e r t s , a r b i t r a t o r s , a n d p r i v a t e
accountants who, in like manner, took part
in any contract or transaction connected
with the estate or property in the appraisal,
distribution or adjudication of which they
had acted.
3. guardians and executors with respect to the
property belonging to their wards or the
estate.
ACTUAL FRAUD; not required
AS THE ACT IS PUNISHED BECAUSE OF:
• possibility of fraud may be committed; or
• the officer may place his interest above that
of the govt or party which he represents
FOR #1; THE INTERVENTION MUST BE BY
VIRTUE OF PUBLIC OFFICE HELD
HENCE; if in personal capacity, or has no
connection to his office
- cannot commit the crime defined here in art.
216
86 of 205
CONSTITUTIONAL PROVISIONS
SEC. 14 ART. VI
No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he,
directly or indirectly, be interested financially in
any contract with, or in any franchise or special
privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof,
including any government-owned or controlled
corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter
before any office of the Government for his
pecuniary benefit or where he may be called
upon to act on account of his office.
SEC. 13 ART VII
The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this
Constitution, hold any other office or
employment during their tenure. They shall not,
during said tenure, directly or indirectly,
practice any other profession, participate in
any business, or be financially interested in
any contract with, or in any franchise, or
special privilege granted by the Government or
any subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in
the conduct of their office.
The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as members of the Constitutional
C o m m i s s i o n s , o r t h e O f fi c e o f t h e
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-
owned or controlled corporations and their
subsidiaries.
SEC. 2 ART IX-A
No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the
practice of any profession or in the active
management or control of any business which
in any way be affected by the functions of his
office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in
any franchise or privilege granted by the
Government, any of its subdivisions, agencies,
or instrumentalities, including government-
owned or controlled corporation or their
subsidiaries.
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 THE AWESOME NOTES 87 of 205
CRIMINAL LAW
BOOK II

EMBEZZLEMENT; defined
MALVERSATION OF PUBLIC
FUNDS OR PROPERTY

equal to malversation

EMBEZZLED;
- equal to the total value of the

property embezzled

ACTS PUNISHABLE IN MALVERSATION

POSSESSION OF PROHIBITED
1. by appropriating public funds or property
INTEREST BY A PUBLIC 2. by taking or misappropriating the same
OFFICER 3. by consenting, or through abandonment or
negligence, permitting any other person to
take such public funds or property
4. b y b e i n g o t h e r w i s e g u i l t y o f t h e
ART. 217
misappropriation or malversation of such
Any public officer who, by reason of the duties
of his office, is accountable for public funds or
property, shall appropriate the same or shall
funds or property.

NOTE: same penalty is imposed whether it

take or misappropriate or shall consent,
is committed with malice or through
through abandonment or negligence, shall
permit any other person to take such public
funds, or property, wholly or partially, or shall

negligence or imprudence.

ELEMENTS
otherwise be guilty of the misappropriation or
1. that the offender be a public officer.
malversation of such funds or property, shall
2. that he had the custody or control of funds
suffer:
or property by reason of the duties of his
1. The penalty of prision correccional in its
office
medium and maximum periods, if the
3. that those funds or property were public
amount involved in the misappropriation or
funds or property for which he was
malversation does not exceed two hundred
accountable.
pesos.
4. that he appropriated, took, misappropriated
2. The penalty of prision mayor in its minimum
or consented or through abandonment or
and medium periods, if the amount involved
negligence, permitted another person to
is more than two hundred pesos but does
not exceed six thousand pesos.
3. The penalty of prision mayor in its
take them

PUBLIC OFFICER
maximum period to reclusion temporal in its
minimum period, if the amount involved is • those persons as defined in Art. 203; and
more than six thousand pesos but is less • by reason of his duties (not the name of his
office), is accountable for the public funds or
than twelve thousand pesos.
4. The penalty of reclusion temporal, in its
medium and maximum periods, if the
property

NOTE: funds or property must be received

amount involved is more than twelve
in official capacity
thousand pesos but is less than twenty-two
ie. duty to collect or receive, and obligation to
thousand pesos. If the amount exceeds the
latter, the penalty shall be reclusion
temporal in its maximum period to reclusion

account for them to the govt.

HENCE;
perpetua.

In all cases, persons guilty of malversation

• if he received it not in official
capacity and misappropriated the
same,
shall also suffer the penalty of perpetual
- the crime committed is
special disqualification and a fine equal to the
amount of the funds malversed or equal to the
estafa, not malversation

total value of the property embezzled.

The failure of a public officer to have duly

• or when he has only qualified
charge and without authority to part
with physical possession of it
forthcoming any public funds or property with
which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie
- the crime committed is theft.

FROM ABOVE STATED, IT CAN BE

evidence that he has put such missing funds or
CONCLUDED THAT
property to personal use. (As amended by RA
- the nature of his duties and not his
1060).

performance of those duties,

determine the character of his offenses

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
WHEN A PRIVATE PERSON MAY BE
CHARGED FOR MALVERSATION
1. when he is in conspiracy with public officer
2. when in any capacity whatsoever, have
charge of national, provincial or municipal
funds or property; or
3. any administrator or depository of funds or
property attached, seized or deposited by
public authority
FF ARE DEEMED PUBLIC FUNDS
1. Red Cross, Anti-Tuberculosis Society and
Boy Scout Funds, received by virtue of
official position, for custody. (in the nature
of trust funds placed in the custody of
accountable public officer)
2. Postal Money Order
3. m o n e y r e c e i v e d b y t h e s h e r i ff a s
redemption price
4. money received by the sheriff to indemnify
him against any claim for damages that
may arise in connection with the levy made
by him upon the property belonging to a
been able to explain satisfactorily
judgment debtor
5. NARIC Funds, received by a municipal
treasurer as ex-oficio in charge of the funds
of the NARIC
6. proceeds of sale of sweepstakes tickets
7. funds of Metropolitan Water District, since
MWD is a public corporation.
THE FF ARE DEEMED PUBLIC PROPERTY
1. firearms or explosives seized from persons
not authorized to possess the same, which
are in custody of peace officers
2. materials, chiefly, of the Bureau of
Commerce and Industry, which are in the
custody of a bonded warehouseman
3. funds or property attached, seized or
deposited by public authority
DIFFERENT ACTS IF MALVERSATION
PUNISHED UNDER ART. 217
1. appropriating public funds or property
2. taking or misappropriating public funds of
property
3. c o n s e n t i n g o r p e r m i t t i n g , t h r o u g h
abandonment or negligence, any other
person to take public funds or property
M A LV E R S AT I O N THROUGH
ABANDONMENT
ie. when a person who is charged to keep
checks, cash and bonds in a safety box, failed
to locked the same after placing the said
checks, cash and bonds. as a result of which,it
was stolen...
MEASURE OF STANDARD OF CARE
REQUIRED
• standard care commensurate with the
occasion, and
• endeavor to ascertain how far short of his
standard falls the act or omission in question
88 of 205
WHEN LACK OF CRIMINAL INTENT OR GF
IS A VALID DEFENSE
IF THE CHARGE IS NOT OCCASIONED BY
- negligence
IF GF IS APPLIED
- accused cannot be held criminally
liable for malversation, but may be
held civilly liable
P R I M A FA C I E P R E S U M P T I O N O F
MALVERSATION
1. failure to return of funds or property of
which he is chargeable, upon demand
2. failure to refund the shortage upon
demand, of property or funds of which he is
chargeable
3. disappearance of public funds in the hands
of an accountable officer
4. shortage in his account which he has not
NOTE: the presumption here is
rebuttable
NOTE: the req of previous demand is
only for rule of procedural law and rule
of evidence only
- hence, not necessary... really.
RETURN OF FUNDS MALVERSED; only
mitigating
S H O R TA G E I S PA I D ; n o c r i m e o f
malversation
PROVIDED; made at the very moment of the
discovery, and paid from his pocket
- kasi; no prima facie evid of malversation
HOWEVER; if what was paid is a borrowed
sum
- prima facie evid of malversation is present
- when he failed to show satisfactory proof
contrary to the presumption
- UNLESS: it is subsequently found.
Q: complex crime of malversation through
falsification of public document by reckless
negligence, can one be held liable as
principal by indispensable cooperation?
A: yes
when by his imprudence (ie.did not check the
forged signature when the payroll was
encashed in his office), thereby facilitating in
the commission of the crime of malversation by
his co-defendants.
NOTE: in malversation, damage to the govt
is not necessary
- the penalty depends on the amount involved
in the malversation, and not the amount of
damage caused to the govt

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 THE AWESOME NOTES 89 of 205
CRIMINAL LAW
BOOK II

FAILURE OF ACCOUNTABLE ILLEGAL USE OF PUBLIC

OFFICER TO RENDER
ACCOUNT
ART. 218
Any public officer, whether in the service or
separated therefrom by resignation or any
other cause, who is required by law or
regulation to render account to the Insular
Auditor, or to a provincial auditor and who fails
to do so for a period of two months after such
accounts should be rendered, shall be
punished by prision correccional in its
minimum period, or by a fine ranging from 200
to 6,000 pesos, or both.
FUNDS OR PROPERTY
ART. 220
Any public officer who shall apply any public
fund or property under his administration to
any public use other than for which such fund
or property were appropriated by law or
ordinance shall suffer the penalty of prision
correccional in its minimum period or a fine
ranging from one-half to the total of the sum
misapplied, if by reason of such misapplication,
any damages or embarrassment shall have
resulted to the public service. In either case,
the offender shall also suffer the penalty of

ELEMENTS
temporary special disqualification.

1. that the offender is a public officer, whether If no damage or embarrassment to the public
in the service or separated therein service has resulted, the penalty shall be a fine
2. that he must be an accountable officer of
public funds or property
3. he is required by law or regulation to render

from 5 to 50 per cent of the sum misapplied.

accounts to the Commission on Audit, or to
a provincial auditor
4. that he fails to do so for a period of 2
MONTHS after such account should be
rendered
ELEMENTS
1. that the offender is a public officer
2. there is public fund or property under his
administration
3. such public fund or property has been
appropriated by law or ordinance

NOTE: demand and misappropriation is not

4. he applies the same to public use other
than that for which such fund or property
req
- as what being punished here is the failure to
render account by an accountable officer.
has been appropriated by law or ordinance

ILLEGAL USE OF MALVERSATION

PUBLIC FUNDS/P

FAILURE OF RESPONSIBLE both offenders are accountable public

officials
OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING offender here does meron
not derive any
THE COUNTRY personal gain or
profit
ART. 219
Any public officer who unlawfully leaves or the public fund or applied to personal
attempts to leave the Philippine Islands without property here is use and benefit of
securing a certificate from the Insular Auditor applied to another the offender or of
showing that his accounts have been finally public use another person
settled, shall be punished by arresto mayor, or 


a fine ranging from 200 to 1,000 pesos or both.

ELEMENTS
1. the offender is a public officer
2. he must be an accountable officer for public
funds or property
3. he must have unlawfully left (or be on the
point of leaving) the Phil without securing
from the Commission on Audit a certificate
showing that his accounts have been finally

settled.

NOTE: the act of leaving the country is

unlawful when; not authorized or permitted

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 THE AWESOME NOTES 90 of 205
CRIMINAL LAW
BOOK II

PRIVATE INDIVIDUALS WHO MAY BE

FAILURE TO MAKE DELIVERY
OR PUBLIC FUNDS OR
PROPERTY
ART. 221
Any public officer under obligation to make
payment from Government funds in his
possession, who shall fail to make such
payment, shall be punished by arresto mayor
belongs to a private individual
LIABLE UNDER ART. 217 to 221
1. private individual who, in any capacity
whatever, have charge of any national,
provincial or municipal funds, revenue or
property
2. administrator or depositary of funds or
property, attached, seized or deposited by a
public authority, even if such property

A D M I N I S T R ATO R A N D D E P O S I TA RY
and a fine from 5 to 25 per cent of the sum INCLUDES
1. sheriffs and

which he failed to pay.

This provision shall apply to any public officer

2. receivers

who, being ordered by competent authority to DOES NOT INCLUDE;

deliver any property in his custody or under his JUDICIAL ADMINISTRATOR
administration, shall refuse to make such - appointed to administer the estate of
a deceased person

delivery.

The fine shall be graduated in such case by

as he is not in charge of any
property attached, impounded
the value of the thing, provided that it shall not or placed in deposit by public

less than 50 pesos.

ACTS PUNISHED

authority

1. by failing to make payment by a public

officer who is under obligation to make
such payment from gov funds in his
possession
2. by refusing to make delivery by a public
officer who has been ordered by competent
authority to deliver any property in his

custody or under his administration

ELEMENTS FOR FAILURE TO MAKE

PAYMENT
1. public officer has govt funds in his
possession
2. that he is under obligation to make
payment from such funds

3. he fails to make the payment maliciously

NOTE: FOR FAILURE TO MAKE DELIVERY

- the refusal must also be malicious

OFFICES INCLUDED IN ART. 217 to 221

ART. 222
The provisions of this chapter shall apply to
private individuals who in any capacity
whatever, have charge of any insular,
provincial or municipal funds, revenues, or
property and to any administrator or depository
of funds or property attached, seized or
deposited by public authority, even if such

property belongs to a private individual

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 THE AWESOME NOTES 91 of 205
CRIMINAL LAW
BOOK II

INFIDELITY OF PUBLIC CONNIVING WITH OR

OFFICERS CONSENTING TO EVASION

ART. 224
INFIDELITY IN THE CUSTODY OF
If the evasion of the prisoner shall have taken
PRISONERS
place through the negligence of the officer
charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the
CONNIVING WITH OR penalties of arresto mayor in its maximum
CONSENTING TO EVASION period to prision correccional in its minimum

ART. 223

period and temporary special disqualification.

Any public officer who shall consent to the
escape of a prisoner in his custody or charge,
shall be punished:
1. By prision correccional in its medium and
maximum periods and temporary special
disqualification in its maximum period to
perpetual special disqualification, if the
fugitive shall have been sentenced by final
negligence
ELEMENTS
1. that the offender is a public officer
2. that he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment
3. that such prisoner escapes through his

FOR REQ #2
judgment to any penalty. if the escape happens when the officer is not in
2. By prision correccional in its minimum
period and temporary special
disqualification, in case the fugitive shall

duty, he cannot be held liable under Art. 224

not have been finally convicted but only
held as a detention prisoner for any crime
or violation of law or municipal ordinance.
FOR REQ #3
not every mistake or distraction of a guard
leading to the escape of a prisoner is

ELEMENTS
negligence

1. offender is a public officer WHEN DEEMED NEGLIGENT

2. he had in custody or charge, a prisoner, only by positive recklessness
either detention prisoner or prisoner by final - that is; short of deliberate
judgment nonperformance of his duties as a
guard
3. such prisoner escaped from his custody
4. he was in connivance with the prisoner in
NOTE: sane penalty regardless on won the
the latter's escape
escapee is a detention prisoner or an
THERE MUST BE CONNIVANCE
hence; should a warden commanded the
prisoner to buy him cigarette outside the

escaped convict

SUBSEQUENT RECAPTURE; does not

prison, thereby making the escape possible,
he is not liable under Art. 223.
- rather, what applies here is Art. 224;

result to complete exculpation.

CRIMINAL LIABILITY OF ESCAPING

PRISONER
evasion through negligence

NOTE: release of prisoner in compliance

with art. 125, when he could not deliver the
detention prisoner to the proper judicial
authority---
1. DETENTION PRISONER; no criminal
liability
2. FUGITIVE WHILE SERVING SENTENCE
BY REASON OF FINAL JUDGMENT;
evasion of the service of the sentence

does not constitute violation of art. 223

NOTE: mere leniency or laxity is not

under art. 157

infidelity

NOTE: relaxation of imprisonment is

deemed infidelity
- ie. allows the prisoner to sleep in his house,

constitute as violation of art. 223

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ESCAPE OF A PRISONER
UNDER CUSTODY
OF A PERSON
NOT A PUBLIC OFFICER
ART. 225
Any private person to whom the conveyance or
custody or a prisoner or person under arrest
shall have been confided, who shall commit
any of the offenses mentioned in the two
preceding articles, shall suffer the penalty next
lower in degree than that prescribed for the
public officer.
ELEMENTS
1. that the offender is a public officer
2. that the conveyance or custody of a
prisoner or person under arrest is confided
to him
3. that the prisoner or person under arrest
escapes
interest shall not have been serious.
4. that the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence
ART. 225 DOES NOT APPLY
WHEN; the private person was the one who
made the arrest, and he consented to such
escape
AS THE LAW REQUIRES; that the custody or
conveyance of a person under arrest must be
confided to him
penalty; one degree lower than that
prescribed in Art. 223 and 224 imposed to
have been caused
public officer
92 of 205
INFIDELITY IN THE CUSTODY OF
DOCUMENTS
REMOVAL, CONCEALMENT OR
DESTRUCTION OF
DOCUMENTS
ART. 226
Any public officer who shall remove, destroy or
conceal documents or papers officially
entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not
exceeding 1,000 pesos, whenever serious
damage shall have been caused thereby to
a third party or to the public interest.
2. The penalty of prision correccional in its
minimum and medium period and a fine not
exceeding 1,000 pesos, whenever the
damage to a third party or to the public
In either case, the additional penalty of
temporary special disqualification in its
maximum period to perpetual disqualification
shall be imposed.
ELEMENTS
1. that the offender is a public officer
2. that he abstracts, destroys or conceals
documents or papers
3. that the said documents or papers should
have been entrusted to such public officer
by reason of his office
4. that damage, whether serious or not, to a
third party or to the public interest should
THE DOCUMENT MUST BE COMPLETE
AND ONE BY WHICH A RIGHT COULD BE
ESTABLISHED OR AN OBLIGATION COULD
BE EXTINGUISHED
- hence; if the accused destroyed a payroll not
yet approved, cannot be held liable under
art. 226.
DOCUMENT; defined
- is a written instrument by which something is
proven or made of record
PAPERS; includes
- checks, promissory notes and paper money,
and money bills received as exhibits in court
ILLUSTRATION: post office official who
retained the mail without forwarding the
letters to their destination is guilty of
infidelity in the custody of paper
IF DONE BY PERSON OTHER THAN AN
OFFICR OR EMPLOYEE OF THE BOP
- Admin Code Sec. 2756
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ELEMENTS
1. that the offender is a public officer
INFIDELITY IN MALVERSATION 2. that he is charged with the custody of
CUSTODY OF AND papers or property
PAPERS FALSIFICATION 3. that these papers or property are sealed by
proper authority
should the should a postmaster 4. that he breaks the seals or permits them to
postmaster received received a money
an envolved
containing a money
order,
- signed the
be broken

NOTE: NOT REQ: that there is a damage or

order signatures of the
- which he did not
sent to the
payee thereon and
- collected and

intent to cause damage

AS THE PURPOSE OF THE LAW

addressee appropriated the - is to insure their preservation.
- instead, he
encahsed it to his
own benefit

respective amount

the falsification here

was done in order to OPENING OF CLOSED DOCS
conceal the
malversation

ACTS PUNISHED
ART. 228
Any public officer not included in the provisions
of the next preceding article who, without
1. removing proper authority, shall open or shall permit to
2. destroying; or be opened any closed papers, documents or
3. concealing objects entrusted to his custody, shall suffer
= documents or papers officially entrusted to the penalties or arresto mayor, temporary

the offending public officer special disqualification and a fine of not

exceeding 2,000 pesos.

note: the 3 are distinct from each other.

R E M O VA L M U S T B E F O R I L L I C I T
ELEMENTS
1. that the offender is a public officer

PURPOSE

WHICH IS DEEMED FOR ILLICIT PURPOSE

2. that any closed papers, documents, or
objects are entrusted to his custody
3. that he opens or permits to be opened said
WHEN: closed papers, documents or objects
the intention of the offender is to
1. tamper with it
2. to profit by it; or

4. that he does not have proper authority

CUSTODY
3. to commit an act constituting a breach - entrusted to him the guarding or safekeeping,

of trust in the official care thereof.

HOW CONSUMMATED

by reason of his office

hence, should he open a closed

upon its removal or secreting away its usual document not addressed to him, not

place in the office

WHEN ILLICIT PURPOSE IS NOT REQ

liable under Art. 228

NOTE: NOTE REQ: damage or intent to

when the purpose of the act is in order to
destroy or conceal the document in his custody
cause damage.

OFFICER BREAKING SEAL

ART. 227
Any public officer charged with the custody of
papers or property sealed by proper authority,
who shall break the seals or permit them to be
broken, shall suffer the penalties of prision
correccional in its minimum and medium
periods, temporary special disqualification and

a fine not exceeding 2,000 pesos.

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REVELATION OF SECRETS CONTRA INFIDELITY IN THE CUSTODY OF

DOCUMENT OR PAPERS BY REMOVING
THE SAME
REVELATION OF SECRETS BY
AN OFFICER
- does not contain secret, unlike art. 229

examples of secrets revealed by public

ART. 229
Any public officer who shall reveal any secret
known to him by reason of his official capacity,
or shall wrongfully deliver papers or copies of
papers of which he may have charge and
which should not be published, shall suffer the
penalties of prision correccional in its medium
and maximum periods, perpetual special
disqualification and a fine not exceeding 2,000
pesos if the revelation of such secrets or the
delivery of such papers shall have caused
serious damage to the public interest;
otherwise, the penalties of prision correccional
in its minimum period, temporary special
disqualification and a fine not exceeding 50
officer
1. peace officer who published instructions by
them for the arrest of the culprit,thereby
enabling him to escape and resulting in the
failure of the law and authority
2. provincial fiscal who revealed the records of
all investigation conducted by him to the
defendant who thereby learned of the
evidence of the prosecution.
PUBLIC OFFICER
REVEALING SECRETS OF
PRIVATE INDIVIDUAL

pesos shall be imposed.
ART. 230
Any public officer to whom the secrets of any

ACTS PUNISHED

• by revealing any secrets known to the

private individual shall become known by
reason of his office who shall reveal such
secrets, shall suffer the penalties of arresto
offending public officer by reason of his

official capacity

mayor and a fine not exceeding 1,000 pesos.

ELEMENTS
ELEMENTS
1. that the offender is a public officer
1. that the offender is a public officer
2. that he knows of the secret of a private
2. that he knows of a secret by
individual by reason of his office
reason of his official capacity
3. that he reveals such secret without
3. he reveals such secret without
authority or justifiable reason
4. that damage, great or small, be
authority or justifiable reason

R E V E L AT I O N O F S E C R E T; d e e m e d
caused to the public interest.
sufficient
SECRET MUST AFFECT PUBLIC
INTEREST

- when revealed to one person

the law does not require public

- otherwise, would not constitute a

crime.

revelation.

ART. 230 DOES NOT APPLY TO ATTY-AT-

IF THE NATURE OF THE SECRET IS
LAW OR SOLICITOR
A STATE SECRET AND GIVEN TO
- for those secrets of his client learned by him
BELLIGERENT NATION
in his professional capacity

- espionage
- rather; he is liable under art. 209; betrayal of
• by delivering wrongfully papers or copies of
papers of which he may have charge and

trust by an attorney or solicitor

NOTE: NOT REQ; damage to private

which should not be published

ELEMENTS
individual
- AS; the ration of the law is to uphold faith and
1. that the offender is a public officer
2. that he has charge of papers

trust in public service

3. that those papers should not be

published
4. that he delivers those papers or
copies thereof to 3rd person
5. that the delivery is wrongful
6. that damage be caused to public

interest

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS
DISOBEDIENCE, REFUSAL OF
ASSISTANCE AND MALTREATMENT OF
PRISONERS
REVELATION OF SECRETS BY
AN OFFICER
ART. 231
Any judicial or executive officer who shall
openly refuse to execute the judgment,
decision or order of any superior authority
made within the scope of the jurisdiction of the
latter and issued with all the legal formalities,
shall suffer the penalties of arresto mayor in its
medium period to prision correccional in its
minimum period, temporary special
disqualification in its maximum period and a
fine not exceeding 1,000 pesos.
ELEMENTS
despite the disapproval of the suspension
1. that the offender is a judicial or executive
officer
2. that there is a judgment, decision or order
of a superior authority
3. that such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
the legal formalities
4. that the offender without any legal
justification openly refuses to execute the
said judgment, decision, or order, which he
is duty bound to obey.
HOW OPEN DISOBEDIENCE IS
COMMITTED
WHEN A JUDICIAL OR EXECUTIVE
OFFICER
who shall openly refuse to execute the JDO of
any superior authority
ie.
• municipal secretary who refuses to deliver to
the mayor, keys to the municipal bldg and the
seal under his custody
• lower court refusal to comply with mandamus
issued by the SC
95 of 205
DISOBEDIENCE TO THE
ORDER OF SUPERIOR
OFFICER,
WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR
ART. 232
Any public officer who, having for any reason
suspended the execution of the orders of his
superiors, shall disobey such superiors after
the latter have disapproved the suspension,
shall suffer the penalties of prision correccional
in its minimum and medium periods and
perpetual special disqualification.
ELEMENTS
1. that the offender is a public officer
2. that an order is issued by his superior for
execution
3. that he has for any reason suspended the
execution of such order
4. t h a t h i s s u p e r i o r d i s a p p r o v e s t h e
suspension of the execution of the order
5. that the offender disobeys his superior
EXE: when the order of the superior officer
is illegal
- then the refusal to comply is excused.
REFUSAL OF ASSISTANCE
ART. 233
The penalties of arresto mayor in its medium
period to prision correccional in its minimum
period, perpetual special disqualification and a
fine not exceeding 1,000 pesos, shall be
imposed upon a public officer who, upon
demand from competent authority, shall fail to
lend his cooperation towards the
administration of justice or other public service,
if such failure shall result in serious damage to
the public interest, or to a third party;
otherwise, arresto mayor in its medium and
maximum periods and a fine not exceeding
500 pesos shall be imposed.
ELEMENTS
1. that the offender is a public officer
2. that a competent authority demands from
the offender that he lend bis cooperation
towards the administration of justice or
other public service
3. that the offender fails to do so maliciously
NOTE: there must be a demand from
competent authority and not merely
demand from private individual
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 THE AWESOME NOTES 96 of 205
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BOOK II

NOTE: REQUIRES DAMAGE liability for the physical injuries or damage

either to public interest or to a third party, great

or small
caused.

ELEMENTS
- seriousness of the damage only 1. that the offender is a public officer or
affects the imposition of a higher employee
penalty 2. that he has under his charge a prisoner or
detention prisoner
3. that he maltreats such prisoner in either of
REFUSAL TO DISCHARGE
ELECTIVE OFFICE the ff manner:

• by overdoing himself in the correction or

ART. 234
The penalty of arresto mayor or a fine not
exceeding 1,000 pesos, or both, shall be
imposed upon any person who, having been
elected by popular election to a public office,
shall refuse without legal motive to be sworn in
humiliating manner
handling of a prisoner or detention
prisoner under his charge, either by
a. the imposition of punishment not
authorized by the regulation; or
b. inflicting such punishment (those
authorized) in cruel and

or to discharge the duties of said office.

ELEMENTS
• by maltreating such prisoner to extort a
confession or to obtain some information
1. that the offender is elected by popular
election to public office from the prisoner

NOTE: the public officer must have

2. that he refuses to be sworn or to discharge
the duties of his office
3. that there is no legal motive for such refusal
to be sworn in or to discharge the duties of
his office
ACTUAL CHARGE of the prisoner to hold
him liable for maltreatment
- hence, mere legal fiction of charge over the
prisoner is not enough

RATION
- such must be alleged in the information.

as once an individual is elected to an office by NOTE: for a detention prisoner to be

the will of the people, deemed as such, he must be placed in jail,
the discharge of the duties of said even for a short while.
office becomes a matter of duty, not hence, if not, at most, the crime committed

only as a right.

may be physical injuries et. al.

THE MALTREATMENT MUST

NOTE: this does not apply to appointive
public officer • relate to the correction or handling of the
prisoner; or
• for the purpose of extorting a confession
MALTREATMENT OF or obtaining some information from the

PRISONERS prisoner

HENCE; if either of the above mention is

ART. 235
The penalty of arresto mayor in its medium

missing, at most, physical injuries lang.

period to prision correccional in its minimum
period, in addition to his liability for the physical
injuries or damage caused, shall be imposed
upon any public officer or employee who shall
overdo himself in the correction or handling of
a prisoner or detention prisoner under his
charge, by the imposition of punishment not
NO COMPLEX CRIME OF
maltreatment of prisoners with serious or
less serious physical injuries
- as the penalty imposed for maltreating a
prisoner is in addition to his liability for the
physical injuries or damage caused.

authorized by the regulations, or by inflicting

such punishment in a cruel and humiliating

manner.

If the purpose of the maltreatment is to extort a

confession, or to obtain some information from
the prisoner, the offender shall be punished by
prision correccional in its minimum period,
temporary special disqualification and a fine
not exceeding 500 pesos, in addition to his

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ANTICIPATION, PROLONGATION AND
ABANDONMENT OF THE DUTIES AND
POWERS OF PUBLIC OFFICE
ANTICIPATION OF DUTIES
OF A PUBLIC OFFICE
ART. 236
Any person who shall assume the performance
of the duties and powers of any public officer
or employment without first being sworn in or
having given the bond required by law, shall be
suspended from such office or employment
until he shall have complied with the respective
formalities and shall be fined from 200 to 500
pesos.
ELEMENTS
offender shall be punished by prision
1. that the offender is is entitled to hold a
public office or employment either by
election or appointment
2. that the law imposes that he should first be
sworn in and/or should first give a bond
3. that he assumes the performance of the
duties and powers of such office
4. that he has not taken his oath of office and/
or given the bond required by law
PROLONGING PERFORMANCE
of the public service
OF DUTIES AND POWERS
ART. 237
Any public officer shall continue to exercise the
duties and powers of his office, employment or
commission, beyond the period provided by
law, regulation or special provisions applicable
to the case, shall suffer the penalties of prision
correccional in its minimum period, special
temporary disqualification in its minimum
period and a fine not exceeding 500 pesos.
ELEMENTS
1. that the offender is holding a public office
2. that the period provided by law, regulation
or special provisions for holding such office,
has already expired
3. that he continues to exercise the duties and
powers of such office
OFFICERS CONTEMPLATED
a public officer who has been suspended,
separated, declared overaged, or dismissed
cannot continue to perform the duties of his
office. 
 purpose is, to evade the
97 of 205
ABANDONMENT OF
OFFICE OR POSITION
ART. 238
Any public officer who, before the acceptance
of his resignation, shall abandon his office to
the detriment of the public service shall suffer
the penalty of arresto mayor.
If such office shall have been abandoned in
order to evade the discharge of the duties of
preventing, prosecuting or punishing any of the
crime falling within Title One, and Chapter One
of Title Three of Book Two of this Code, the
correccional in its minimum and medium
periods, and by arresto mayor if the purpose of
such abandonment is to evade the duty of
preventing, prosecuting or punishing any other
crime.
ELEMENTS
1. that the offender is a public officer
2. that he formally resigns from his position
3. that his resignation has not yet been
accepted
4. that he abandons his office to the detriment
THERE MUST BE A WRITTEN OR FORMAL
RESIGNATION
- mere oral declaration is not enough
- the resignation letter must be tendered to the
person or office who appointed him
THIS IS QUALIFIED WHEN
the abandonment of the office has for its
purpose
to evade the discharge of the duties of
preventing, prosecuting or punishing
any of the crimes falling within
Title I and Chap I of Title III of
Book II of RPC
ABANDONMENT OF NEGLIGENCE AND
OFFICE TOLERANCE IN
PROSECUTION OF
OFFENSES
(art 208)
committed by any public
officer
committed by public officer
who have the duty to
institute prosecution for
the punishment of violation
of law
t h e o f fi c e r d o e s n o t
discharge of his duties abandon his office but fails
to prosecute the offense
by dereliction or by
malicious tolerance of the
commission of offenses
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
USURPATION OF POWERS AND
UNLAWFUL APPOINTMENT
USURPATION OF LEGISLATIVE
POWERS
ART. 239
The penalties of prision correccional in its
minimum period, temporary special
disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon any public
officer who shall encroach upon the powers of
the legislative branch of the Government,
either by making general rules or regulations
beyond the scope of his authority, or by
attempting to repeal a law or suspending the
execution thereof.
ELEMENTS
1. that the offender is an executive or judicial
officer
2. that he either:
his jurisdiction
a. makes general rules or regulations
beyond the scope of his authority
b. attempts to repeal a law; or
c. suspends the execution thereof
USURPATION OF EXECUTIVE
FUNCTION
ART. 240
Any judge who shall assume any power
pertaining to the executive authorities, or shall
obstruct the latter in the lawful exercise of their
powers, shall suffer the penalty of arresto
mayor in its medium period to prision
correccional in its minimum period.
ELEMENTS
1. that the offender is a judge
2. that he either:
a. assumes a power pertaining to the
executive authorities; or
b. obstructs the executive authorities in
the lawful exercise of their powers
A R T. 2 4 0 D O E S N O T A P P L Y T O
LEGISLATIVE OFFICERS
- as only a judge can commit usurpation of
executive functions.
- if a legislative officer assumes executive
functions (when a municipal councilor assumes
the power of a mayor), he is liable under Art.
177 (usurpation of authority or official
functions)
98 of 205
USURPATION OF JUDICIAL
FUNCTIONS
ART. 241
The penalty of arresto mayor in its medium
period to prision correccional in its minimum
period and shall be imposed upon any officer
of the executive branch of the Government
who shall assume judicial powers or shall
obstruct the execution of any order or decision
rendered by any judge within its jurisdiction.
ELEMENTS
1. that the offender is an officer of the
executive branch of the govt
2. that he either:
a. assumes judicial power; or
b. obstructs the execution of any order or
decision rendered by an judge within
ILLUSTRATION
when a mayor who received a complaint
signed by the chief of police, and afterwards
tried the case, even though the justice of
peace was discharging his office in he
municipality.
DISOBEYING REQUEST FOR
DISQUALIFICATION
ART. 242
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, shall be punished by
arresto mayor and a fine not exceeding 500
pesos.
ELEMENTS
1. that the offender is a public officer
2. that a proceeding is pending before such
public officer
3. that there us a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided
4. that he has been lawfully required from
continuing the proceeding
5. that he continues the proceeding
ILLUSTRATION
when a mayor persists in performing a certain
act despite of TRO issued by competent
authority against such.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ORDER OR REQUEST BY
EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
ART. 243
Any executive officer who shall address any
order or suggestion to any judicial authority
with respect to any case or business coming
within the exclusive jurisdiction of the courts of
justice shall suffer the penalty of arresto mayor
and a fine not exceeding 500 pesos.
ELEMENTS
1. that the offender is an executive officer
2. that he addresses any order or suggestion
to any judicial authority
3. that the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the court of justice
advances to a woman under his custody.
ART. 243 DOES NOT APPLY TO JUDICIAL
AND LEGISLATIVE OFFICERS
hence, should a congressman wrote a letter to
a judge, requesting the latter to decide the
case pending before him in one way or the
other, is not covered by art. 243
UNLAWFUL APPOINTMENT
ART. 244
Any public officer who shall knowingly
nominate or appoint to any public office any
person lacking the legal qualifications therefor,
shall suffer the penalty of arresto mayor and a
superior officer
fine not exceeding 1,000 pesos.
ELEMENTS
1. that the offender is a public officer
2. that he nominates or appoints a person to a
public office
3. t h a t s u c h p e r s o n l a c k s t h e l e g a l
qualifications therefor
4. that the offender knows that his nominee or
appointee lacks the qualifications at the
time he made the nomination or
appointment
99 of 205
ABUSE AGAINST CHASTITY
ABUSE AGAINST CHASTITY
ART. 245
The penalties of prision correccional in its
medium and maximum periods and temporary
special disqualification shall be imposed:
1. Upon any 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;
2. Any warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest who shall
solicit or make immoral or indecent
If the person solicited be the wife, daughter,
sister of relative within the same degree by
affinity of any person in the custody of such
warden or officer, the penalties shall be prision
correccional in its minimum and medium
periods and temporary special disqualification.
WAYS OF COMMITTING ABUSE AGAINST
CHASTITY
• soliciting or making indecent or immoral
advances to a woman interested in matter
a. pending before the offending officer for
decision, or
b. with respect to which he is required to
submit a report to or consult with a
• by soliciting or making immoral or indecent
advances to a woman
- under the offender's custody
• by soliciting or making immoral or indecent
advances to the
a. wife
b. daughter
c. sister; or
d. relative within the same degree of
affinity
= of any person in the custody if the
offending warden or officer.
ELEMENTS
1. that the offender is a public officer
2. that he solicits or make immoral or indecent
advances to a woman
3. that such woman must be (refer above)
SOLICIT; defined
to propose earnestly and persistently
something unchaste and immoral to a woman
NOTE: mere proposal consummates the
crime; and proof of proposal is not required
when there is sexual intercourse.
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BOOK II

TITLE EIGHT
CRIMES AGAINST DESTRUCTION OF LIFE
PERSONS
PARRICIDE, MURDER, HOMICIDE
DESTRUCTION OF LIFE
1. parricide
2. murder PARRICIDE
3. homicide
4. death caused in a tumultuous affray
5. physical injuries inflicted in a tumultuous ART. 246
affray Any person who shall kill his father, mother, or
6. giving assistance to suicide child, whether legitimate or illegitimate, or any
7. discharge of firearms of his ascendants, or descendants, or his
8. infanticide spouse, shall be guilty of parricide and shall be
9. intentional abortion punished by the penalty of reclusion perpetua
10. unintentional abortion
11. abortion practiced by the woman herself or
by her parents

to death

ELEMENTS
12. abortion practiced by a physician or midwife 1. that a person is killed
and dispensing of abortives 2. that the deceased is killed by the accused
13. duels 3. that the deceased is the

14. challenging to duels

PHYSICAL INJURIES
• father, mother or child, whether
legitimate or illegitimate; or
• a legitimate other ascendant or other
1. mutilation descendant; or
2. serious physical injuries • the legitimate spouse
3. administering injurious substance or
beverages
4. less serious physical injuries
= of the accused

NOTE: other ascendant or descendant,

5. slight physical injuries must be legitimate (other than father,
mother or child)

RAPE hence, should the accused killed his IGP, the
crime is either homicide or murder, not

CORPUS DELICTI IN CRIMES AGAINST

PERSON

parricide

NOTE: the child should not be less than 3

1. the fact of death; and days old

2. the identity of the victim.

HENCE; supposing tinapon sa ilog yung

OTHERWISE; the crime committed is

infanticide

katawan and it cannot be established whether
or not the victim survived, then the fact of
death is not sufficiently established.
EXE: when circumstances shows
(evid) that the victim could not have
survived (ie. decapitated hands), even
if his body is not found, the corpus
NOTE: parricide does not cover adoptive
relationship
hence, should the adoptee killed his adopting
parents and vise versa, the crime of homicide
or murder is committed and not parricide.

BEST PROOF OF LEGITIMATE SPOUSE

delicti is established.

CORPUS DELICTI; defined

marriage certificate

NOTE: FOR MUSLIMS AND OTHER

that the crime was actually perpetrated ETHNIC CULTURAL COMMUNITIES
and does not refer to the body of the dapat the marriage was solemnized in

murdered person. accordance with their customs, rites

and practices.

RELATIONSHIP MUST BE ALLEGED

for the crime of murder be considered.

however, for aggravating circumstance

- it need not be alleged

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
PA R R I C I D E T H R O U G H R E C K L E S S
IMPRUDENCE
ie. the father while cleaning his gun,
accidentally fired and hit his son.
PARRICIDE BY MISTAKE
when a person who was intending to kill
another person, but by mistake, killed instead
his son.
immediately to destierro.
INDEMNITY FOR PARRICIDE
PAG YUNG WIFE YUNG PINATAY
- 50 k
PAG NATURAL CHILD
- no indemnity, considering that the accused,
as the father, is the presumptive heir of the
deceased.
LIABILITY OF STRANGER COOPERATING
IN PARRICIDE
is not guilty of parricide
but only murder or homicide, as the
case may be.
the other spouse
INSTANCES WHEN PARRICIDE IS NOT
PUNISHABLE BY RP TO DEATH
1. committed through negligence
2. committed by mistake
3. under exceptional circumstances
DEATH OR PHYSICAL INJURIES
INFLICTED UNDER
EXCEPTIONAL
CIRCUMSTANCES
2. living with her parents
ART. 247
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, or shall inflict upon
them any serious physical injury, shall suffer
the penalty of destierro.
If he shall inflict upon them physical injuries of
any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the
same circumstances, to parents with respect to
their daughters under eighteen 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.
101 of 205
A R T. 2 4 7 D O E S N O T D E F I N E A N D
PENALIZE A FELONY
penalty is detierro.
- provided, the requisites must first be
established
hence, improper for the accused to
enter for conditional plea and sentence
REQUISITES
1. that a legally married person or a parent
surprises his spouse or his daughter, the
latter under 18 yrs of age and living with
him, in the act of committing sexual
intercourse with another person
2. that he or she kills any or both of them, or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter
3. that he has not promoted or facilitated the
prostitution of his wife or child, or that he or
she has not consented to the infidelity of
THE ACCUSED MUST BE A LEGALLY
MARRIED PERSON
hence, if one kills his common-law wife while in
the act of having a sexual intercourse with
another,
- the accused cannot avail the benefit of
Art. 247.
SHOULD THE ONE WHO WAS KILLED IS
THE DAUGHTER BY HER PARENTS
the parent need not be legitimate parent.
the law only requires that the daughter
1. be under 18 yrs old; and
NOTE: if the daughter is already
married, Art. 247 shall not benefit her
parent.
- her husband alone can avail the
benefit of Art. 247
HAVING SURPRISED HIS SPOUSE OR HIS
DAUGHTER IN THE ACT OF COMMITTING
SEXUAL INTERCOURSE WITH OTHER
PERSON
SURPRISE, to come upon suddenly and
unexpectedly
HENCE; Art. 247 will not apply in the ff:
• kung pinanood muna nung accused yung
foreplay, bago nya pinatay asawa at yung
kalaguyo nya. (wala nang element of surprise
at the time he killed his wife)
• nung pauwi na sa bahay, may nakita syang
tumalon sa bintana. pag pasok nya nang
bahay, nag mamakaawa na yung asawa nya,
sa inis nya, napatay nya asawa nya (walang
surprised that his wife is in the act of
committing sexual intercourse with another).
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
• or after nyang ma witness, pinalayas nya
asawa nya. yung gagong asawa, sya pa ang
nagalit, inatake sya nag bolo. nung nag
aagawan na sila ng bolo, napatay nya asawa
nya.
EXE: even when the husband did not see
the actual act
when circumstances show reasonably that the
carnal act is being committed or has just been
committed.
ON QUESTION WHETHER SEXUAL
INTERCOURSE INCLUDES FOREPLAY
majority of justices in People vs Gonzales held
not.
PERO MAS BILIB AKO SA DISSENTING NI
J.LAUREL
must the offended husband look on in the
meantime and wait until the very physical act
of coition takes place? This interpretation is far
from being rational and certainly dies violence
to the reason and purpose of the law.
IMMEDIATELY THEREAFTER
ie. nung nahuli ni husband, what he did, he
pursued immediately the paramour. after he
killed the paramour, he returned to his wife and
killed her thereafter.
BASTA, WHAT THE LAW REQUIRES
the discovery, escape, the pursuit and the
killing must all form part of one continuous act.
KILLING MUST BE THE DIRECT BY-
PRODUCT OF THE ACCUSED'S RAGE
THE DEATH MUST BE
the proximate result of the outrage
overwhelming the accused after chancing the
spouse in the beset act of infidelity
HENCE; nakita nyang nakikioag talik wifey nya
corpse.
sa iba, kaso nagalit sya kasi yung kalaguyo
nung asawa nya ay yung papa nya. haha.
NO CRIMINAL LIABILITY WHEN
serious or less serious physical injuries are
inflicted, only.
- an absolutory cause
LIABILITY FOR PHYSICAL INJURIES
SUFFERED BY THIRD PERSON
w h e n s u c h w a s i n fl i c t e d w i t h i n t h e
circumstances falling under Art. 247
- since the accused is not committing a felony,
he cannot therefore be held liable for injuries
sustained by third person as a result thereof.
ie. may usisero, nung pag tingin nya sa
bintana, sakto, tumama sa ulo nya yung
balang para sana dun sa malanding asawa.
102 of 205
NATURE OF DESTIERRO IMPOSED UPON
THE ACCUSED UNDER ART. 247
not as a punishment
- intended to remove the killer spouse from the
vicinity and to protect him or her from acts of
reprisal principally by relatives of he deceased
spouse.
MURDER
ART. 248
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 temporal in its maximum period to
death, if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure or
afford impunity.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other
public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or
MURDER; defined
yung buong codal!
ELEMENTS
1. that a person was killed
2. that the accused killed him
3. that the killing was attended by any of he
qualifying circumstances mentioned in
art. 248; and
4. the killing is not infanticide or parricide
NOTE: there must be an intent to kill
IF
EXE: when committed with treachery
SEVERAL QUALIFYING
CIRCUMSTANCES ARE PRESENT IN THE
KILLING OF A PERSON
only one shall be used to qualify the offense as
murder, and the other shall be treated as
generic aggravating circumstances
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
THE FF SHALL BE ABSORBED BY
TREACHERY
1. abuse of superior strength
2. with aid of armed men
so in here; supposing treachery and the other
2 are present, and opted treachery as the
qualifying circumstance for charging the crime
of murder, the other 2 shall be absorbed and
not be treated as generic aggravating
circumstances.
THE FF ARE QUALIFYING
punishment
CIRCUMSTANCES IN THE CRIME OF
MURDER:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure or
afford impunity.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
not for the price, reward or promise
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other
public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or
corpse.
held liable for murder
NOTE: these must be alleged in the
information for it to be considered
TREACHERY (ALEVOSIA)
the attack must be sudden and unexpected to
the point of incapacitating the victim to repeal
or escape it.
PROVIDED
the means, methods or form of attack
otherwise.
must be consciously adopted by the
offender.
DEEMED PRESENT
when the accused attack a child of tender
years and cause his death
ABUSE OF SUPERIOR STRENGTH
- not superior strength alone, but it must be
taken advantage of.
WITH AID OR ARMED MEN
the armed men must
1. take part in the commission of the crime,
directly or indirectly; and
2. the accused must avail himself of their aid
or rely upon them when the crime is
committed 
 execution of the killing
103 of 205
EMPLOYING MEANS TO WEAKEN THE
DEFENSE
ie. casting sand of the eyes of the victim
EMPLOYING MEANS OR PERSIN TO
INSURE OR AFFORD IMPUNITY
when means or persons are employed by the
accused who killed the deceased
1. to prevent his being recognized; or
2. to secure himself against detection and
IN CONSIDERATION OF A PRICE, REWARD
OR PROMISE
TREATED AS PRINCIPAL BY DIRECT
PARTICIPATION
this refers to person who receives the price or
reward or who accepted a promise of price or
reward
would not have killed the victim were it
BY MEANS OF FIRE, POISON, EXPLOSION
ETC.
PROVIDED: the use thereof must be with
actual design to kill and purposely adopted as
a means to that end
OTHERWISE: it would not qualify the
crime of homicide to murder.
- hence; supposing accused used a
chemical, intending to make the victim
unconscious and therefore executed
his lewd design, but instead died when
it turned out to be a poison
the accused here cannot be
NOTE: TREACHERY AND EVIDENT
PREMEDITATION
- inherent in the use of poison
PROVIDED: FF People vs Guran
- the underlying intention of the
accused if to kill the victim and not
O N O C C A S I O N O F I N U N D AT I O N ,
SHIPWRECK, ETC, EARTHQUAKE,
ERUPTION OF A VOLCANO, EPIDEMIC OR
ANY OTHER CALAMITY
PROVIDED: to the qualify the offense of
homicide to murder
the accused must have taken
advantage of such calamity.
WITH EVIDENT PREMEDITATION
is appreciated, when established
1. the time when the offender determined
(conceived) to kill his victim
2. an act of the offender manifestly indicating
that he clung to his determination to kill his
victim; and
3. a sufficient lapse time (at least 3 hrs)
between the determination and the
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 THE AWESOME NOTES 104 of 205
CRIMINAL LAW
BOOK II

WITH CRUELTY NOTE: EVIDENCE OF INTENT TO KILL IS

there is cruelty when:
1. other injuries or wounds are inflicted
deliberately by the offender; and
2. such is not necessary for the killing of the
victim
MATERIAL ONLY
- in frustrated and attempted homicide.
- as if there is no such intent, the accused can
only be charged for physical injury

3. and inflicted while the victim is alive

WHEN NO CRUELTY
when the offender in inflicting several
other wounds on the victim
- has only a decided purpose to kill
INTENT TO KILL IS SHOWN BY
1. the kind of weapon used by the accused;
and
2. the parts of the victim's body at which the
weapon was aimed

him.

OUTRAGING OR SCOFFING AT THE

PERSON OR CORPSE OF THE VICTIM
parang cruelty, ang naiba lang, ininflict yung
EXE: when the bodily injuries caused
is not done deliberately and was
inflicted indiscriminately.
- ie. inaway sya, nang away din sya.
sakto, may dala pala syang bolo,

mga unnecessary wounds after the victim died.

OUTRAGING
nahugot nya bigla at ginamit nya sa

nang aaway sakanya.

to commit an extremely vicious or deeply NOTE: in frustrated and attempted

insulting acts

SCOFFING
murder, intent to kill is not presumed.
- as being an essential element of it, it
must be proved beyond reasonable
to jeer, and implies a showing if irreverence

doubt

HOMICIDE
RELATE TO ART. 4 par. 1 of RPC.

THE KILLING MUST NOT BE JUSTIFIED

ART. 249
Any person who, not falling within the
provisions of Article 246, shall kill another
hence; if any of the circumstances mentioned
in Art. 11 is present, no criminal liability shall
incur over he accused.

NOTE: THERE IS NO SUCH ANIMAL OF

without the attendance of any of the
circumstances enumerated in the next
preceding article, shall be deemed guilty of
homicide and be punished by reclusion
temporal
- frustrated homicide through reckless
imprudence.
kasi; being a reckless imprudence, it
presupposes that there is no intent to kill. since

HOMICIDE; defined
is the unlawful killing of any person, which is
neither parricide, murder nor infanticide
intent to kill is an essential requirement for
frustrated homicide, both are equally nugatory
to each other.
- the crime committed here rather is physical

ELEMENTS
injuries through reckless imprudence.

1. that a person was killed NOTE: when wounds are inflicted by 2

2. that the accused killed without any justifying different persons, not being in conspiracy,
circumstance and the wound that they each inflicted
3. that the accused had the intention to kill,
could cause the death,
which is presumed; and
- each one of them is guilty for homicide
4. that the killing was not attended by any of
PROVIDED:
the qualifying circumstances or murder, or
it was not shown which wounds were inflicted
by that of parricide or infanticide

NOTE: higher penalty if the victim is under

by one and which by the other.

NOTE: use of unlicensed firearm is an

12 yrs of age

PRESUMPTION OF INTENT TO KILL

aggravating circumstance in homicide
- such cannot be treated as a separate
when death resulted, even if there is no intent
to kill, the crime is homicide and not merely

offense.

ACCIDENTAL HOMICIDE

physical injuries

AS: the penal law looks particularly to

is the death of a person brought about by
lawful act performed with proper care and skill,
and without homicidal intent
the material results following the
unlawful act and holds the aggressor
responsible for all the consequences

- no crime is committed

ie. boxing match. exe: violated the rules


thereof.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
PENALTY FOR FRUSTRATED
PARRICIDE, MURDER OR
HOMICIDE
ART. 250
The courts, in view of the facts of the case,
may impose upon the person guilty of the
frustrated crime of parricide, murder or
homicide, defined and penalized in the
preceding articles, a penalty lower by one
degree than that which should be imposed
under the provision of Article 50.
The courts, considering the facts of the case,
may likewise reduce by one degree the penalty
be identified.
which under Article 51 should be imposed for
an attempt to commit any of such crimes.
FOR FRUSTRATED MURDER, HOMICIDE
AND PARRICIDE
- 2 degrees lower
FOR ATTEMPTED MURDER, HOMICIDE
AND PARRICIDE
- 3 degrees lower
NOTE: an attempt on or conspiracy against
the life of the Chief Executive
- death (rp)
DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ART. 251
When, while several persons, not composing
groups organized for the common purpose of
assaulting and attacking each other
reciprocally, quarrel and assault each other in
a confused and tumultuous manner, and in the
course of the affray someone is killed, and it
cannot be ascertained who actually killed the
deceased, but the person or persons who
inflicted serious physical injuries can be
identified, such person or persons shall be
punished by prision mayor.
If it cannot be determined who inflicted the
serious physical injuries on the deceased, the
penalty of prision correccional in its medium
and maximum periods shall be imposed upon
all those who shall have used violence upon
the person of the victim.
105 of 205
ELEMENTS
1. that there be several persons (at least 4
persons)
2. that they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally
3. that there several persons quarreled and
assaulted one another in a confused and
tumultuous manner
4. that someone was killed in the course of
the affray
5. that it cannot be ascertained who actually
killed the deceased
6. that the person/s who inflicted serious
physical injuries or who used violence can
IF THE PERSON/S WHO INFLICTED THE
SERIOUS PHYSICAL INJURY OR USED
VIOLENCE CANNOT BE IDENTIFIED
- all shall be liable under par. 2 of art. 251
NOTE: THE SERIOUS PHYSICAL INJURY/
IES INFLICTED BY AN IDENTIFIED
PERSON, SHOULD NOT BE THE CAUSED
OF DEATH
OTHERWISE; such identified person shall be
liable for homicide.
- hence, if the person who inflicted
fatal wound is known, then he shall be
held for homicide.
WHO ARE LIABLE FOR DEATH IN A
TUMULTUOUS AFFRAY
1. the person or persons who inflicted the
serious physical injuries are liable
2. if it is not known who inflicted the serious
physical injuries on the deceased, all the
persons who used violence upon the
person of the victim are liable, but with a
lesser liability
PHYSICAL INJURIES
INFLICTED IN A TUMULTUOUS
ART. 252
When in a tumultuous affray as referred to in
the preceding article, only serious physical
injuries are inflicted upon the participants
thereof and the person responsible thereof
cannot be identified, all those who appear to
have used violence upon the person of the
offended party shall suffer the penalty next
lower in degree than that provided for the
physical injuries so inflicted.
When the physical injuries inflicted are of a
less serious nature and the person responsible
therefor cannot be identified, all those who
appear to have used any violence upon the
person of the offended party shall be punished
by arresto mayor from five to fifteen days.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ELEMENTS
1. that there is a tumultuous affray as referred
to in the preceding article
2. that a participant or some participants
thereof suffer serious/less serious physical
injuries
3. that the person responsible therefor cannot
be identified
4. that all those who appear to have used
violence upon the person of the offended
party are known.
PENALTY
1 degree lower than that imposed for physical
injury
NOTE: only the one who used violence is
liable
NOTE: if the identity of the person who
inflicted the injury or employed is known
- he shall be liable for physical injury actually
committed and not for art. 252
DOES NOT INCLUDE SLIGHT PHYSICAL
INJURIES
INTENTION THE THE LEGISLATURE TO
NOT INCLUDE IT
- gleaned from the one degree lower penalty
imposed.
- since the penalty for slight physical injury is
arresto menor, a degree lower than that is
public censure.
GIVING ASSISTANCE TO
SUICIDE
person
ART. 253
Any person who shall assist another to commit
suicide shall suffer the penalty of prision
mayor; if such person leads his assistance to
another to the extent of doing the killing
himself, he shall suffer the penalty of reclusion
temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in
its medium and maximum periods, shall be
imposed.
Code.
ACTS PUNISHED
1. by assisting another to commit suicide,
whether the suicide is consummated or not
2. by lending his assistance to another to
commit suicide to the extent of doing the
killing himself.
NOTE: same penalty regardless on whether
the person who assisted in the suicide of
another is a relative or not.
NOTE: a person who attempts to commit
suicide is not criminally liable
106 of 205
NOTE: supposing a pregnant woman intended
to kill herself when she drank a poison, but she
survived but her unborn child died, can she be
held criminally liable for abortion?
A: NO
- unintentional abortion is committed only by
means of violence. poison is not. hence, she
cannot be held liable for the death of her
unborn child.
NOTE: EUTHANASIA IS NOT GIVING
ASSISTANCE TO SUICED
EUTHANASIA, by definition, is the killing of a
person who does not want to die.
Hence, in here, the crime committed is
murder.
DISCHARGE OF FIREARM
ART. 254
Any person who shall shoot at another with
any firearm shall suffer the penalty of prision
correccional in its minimum and medium
periods, unless the facts of the case are such
that the act can be held to constitute frustrated
or attempted parricide, murder, homicide or
any other crime for which a higher penalty is
prescribed by any of the articles of this Code.
ELEMENTS
1. that the offender discharges a firearm
against or at another person
2. that the offender has no intention to kill that
FOR THERE TO HAVE A CRIME OF
DISCHARGE OF FIREARM
THE PURPOSE OF THE OFFENDER
- is only to intimidate or frighten the offended
part
unless the facts of the case are such
that the act can be held to constitute
frustrated or attempted parricide,
murder, homicide or any other crime
for which a higher penalty is
prescribed by any of the articles of this
HENCE; if the discharge is coupled
with an intent to kill
- it is classified either as an attempted
or frustrated murder, homicide or
parricide
DISCHARGE TOWARDS THE HOUSE OF
THE VICTIM
is not an illegal discharge.
- as the law requires that it must be directed
precisely against the offended party, or initially
aimed by the accused at or against the
offended party
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if indiscriminately, and he don't know NOTE: other than the mother and the
what part of the house the people maternal gp, no other can claim the
inside were,
- the crime committed is ALARM
WHEN INTENT TO KILL IS NEGATIVE

mitigating circumstance.

PENALTY WHEN A MOTHER KILLED HIS

- when the discharge of firearm was made at SON LESS THAN 3 DAYS OLD, AND BY

200 yards between the offender and the victim.

COMPLEX CRIME OF ILLEGAL

DISCHARGE OF FIREARM WITH SERIOUS
OR LESS SERIOUS PHYSICAL INJURIES
- when the discharge of firearm hit and
ANOTHER PERSON WHO COOPERATED IN
IT.
both shall be criminally liable for infanticide, but
the penalty for the mother is the penalty
imposed for parricide, while for the stranger,

wounded the offended party.
the penalty imposed for murder

WHEN NO INFANTICIDE
IF THE WOUND CAUSED IS ONLY A SLIGHT 1. when the child was born dead; or
PHYSICAL INJURY 2. although born alive, it could not sustain an
- no complex crime, as the slight wound

constitute light felony. independent life when it was killed.

HENCE: in the prosecution for infanticide, it

must first be proven that the the mother gave
INFANTICIDE AND ABORTION birth to a living creature

INFANTICIDE INTENTIONAL ABORTION

ART. 255 ART. 256

The penalty provided for parricide in Article Any person who shall intentionally cause an
246 and for murder in Article 248 shall be abortion shall suffer:
imposed upon any person who shall kill any 1. The penalty of reclusion temporal, if he

child less than three days of age.

If the crime penalized in this article be

committed by the mother of the child for the
purpose of concealing her dishonor, she shall
suffer the penalty of prision correccional in its
medium and maximum periods, and if said
crime be committed for the same purpose by
the maternal grandparents or either of them,
woman shall have consented.
shall use any violence upon the person of
the pregnant woman.
2. The penalty of prision mayor if, without
using violence, he shall act without the
consent of the woman.
3. The penalty of prision correccional in its
medium and maximum periods, if the

the penalty shall be prision mayor.

INFANTICIDE; defined
killing of any child less than 3 days of age,
whether the killer is the parent, go, any
other relatives of the child, or a
ABORTION; defined
willfully killing of the foetus in the uterus, ir the
violent expulsion of the foetus from the
maternal womb which results in the death of
the foetus.

stranger. if abortion is intended and the foetus does

not die
ELEMENT
1. that a child was killed
2. that the deceased child was less than 3

- frustrated intentional abortion

if abortion is not intended and the foetus

days (72 hrs) of age does not die

3. that the accused killed the said child

NOTE: penalty is that for parricide or

- only physical injuries

NO FRUSTRATED UNINTENTIONAL
murder, but the name of the crime is always ABORTION

infanticide. on the ground of lack of intention to

cause an abortion
INFANTICIDE TO CONCEAL DISHONOR
- only mitigates the liability of the mother or
maternal gp who committed the crime.

- provided: the mother must be of good
reputation. otherwise, kung pokpok, wee,

conceal dishonor? yeah right.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
WAYS OF COMMITTING INTENTIONAL
ABORTION
1. by using violence upon the person of the
pregnant woman
2. by acting, but without using violence,
without the consent of the woman. (by
administering drugs or beverages upon
such pregnant woman without her consent)
3. by acting (by administering drugs or
beverages), with the consent of the
pregnant woman.
ELEMENTS
1. that there is a pregnant woman
2. that violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman
3. that as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the foetus dies, either in
the womb or after having been expelled
therefrom.
4. that the abortion is intended
CONTRA INFANTICIDE
the crime is infanticide and not abortion, when
1. the foetus could sustain an independent
life, after its separation from the maternal
womb, and
2. is killed.
UNINTENTIONAL ABORTION
ART. 257
The penalty of prision correccional in its
minimum and medium period shall be imposed
upon any person who shall cause an abortion
by violence, but unintentionally.
C O M M I T T E D O N LY B Y M E A N S O F
VIOLENCE
note: the violence must be intentionally
inflicted
- provided; he must have known of the
pregnancy.
(hence, kung 2mos palang, di pa
noticeable yung bump, cannot be held
liable for unintentional abortion.
physical injury, baka pwede oa.
HOWEVER; in one of the case decided
PEOPLE VS JOSE
- pwede ang; unintentional abortion through
imprudence.
- pasahero nag jeepney ay buntis.
bumanga si driver through his
negligence. the pregnant passenger
was injured causing the unintentional
abortion.
108 of 205
COMPLEX CRIME OF HOMICIDE AND
UNINTENTIONAL ABORTION
- pwede.
COMPLEX CRIME OF PARRICIDE AND
UNINTENTIONAL ABORTION
- pwede
- dito, pinatay ni husband yung asawa na
buntis. namatay din yung baby nila.
NOTE: ART. 256 and 257; there must be
• intention to cause abortion; or
• violence
if none; criminal liability shall not fall under art.
256/7. pwede pangang walang liability.
ie. binigyan ni husband yung asawa nya ng
gamot sa tyan after his wife keep on
complaining for stomachache. di nya alam,
may abortive substance pala yun,
- no criminal liability. no intention to abort under
256 nor violence employed for 257 to apply.
ABORTION PRACTICED
BY THE WOMAN HERSELF OR
BY HER PARENTS
ART. 258
The penalty of prision correccional in its
medium and maximum periods shall be
imposed upon a woman who shall practice
abortion upon herself or shall consent that any
other person should do so.
Any woman who shall commit this offense to
conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and
medium periods.chanrobles virtual law library
If this crime be committed by the parents of the
pregnant woman or either of them, and they
act with the consent of said woman for the
purpose of concealing her dishonor, the
offenders shall suffer the penalty of prision
correccional in its medium and maximum
periods.
ELEMENTS
1. that there is a pregnant woman who has
suffered an abortion
2. that the abortion is intended
3. that the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent
c. any of her parents, with her consent for
the purpose of concealing her dishonor
THE PREGNANT WOMAN SHALL BE HELD
CRIMINALLY LIABLE
- should she consent to the abortion
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ART. 258 APPLIES ONLY TO NOTE; FOR PHARMACIST, THE LAW DOES
1. to woman who consents to the abortion, or NOT REQUIRE
caused the abortion by herself and - that he knows that the abortive that he
2. her parents, in order to conceal dishonor,

with the pregnant woman's consent.

dispensed shall be used for abortion

as the graveman of this offense

HENCE; pag di pasok dun sa above - is the dispensation of abortive without any
mentioned, they shall fall under Art. 256, ie
1. parents of the pregnant woman, who
caused the abortion to hide their daughter's

prescription from a physician

should he know that it shall be used for

dishonor, and their daughter did not give abortion
consent - treated as an accomplice for the crime of
2. stranger, with the consent of the pregnant

woman
abortion.

NOTE: if the abortion is in order to conceal

dishonor, treated as mitigating circumstance

see. RA 4729

DUEL
for the woman
- but such cannot be availed of by parents of
the woman. RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
ABORTION PRACTICED
ART. 260
BY A PHYSICIAN OR MIDWIFE The penalty of reclusion temporal shall be
& DISPENSING OF ABORTIVES imposed upon any person who shall kill his

ART. 259

adversary in a duel

If he shall inflict upon the latter physical injuries

The penalties provided in Article 256 shall be only, he shall suffer the penalty provided
imposed in its maximum period, respectively,
upon any physician or midwife who, taking
advantage of their scientific knowledge or skill,

therefor, according to their nature.

In any other case, the combatants shall suffer

shall cause an abortion or assist in causing the the penalty of arresto mayor, although no

same.

Any pharmacist who, without the proper

physical injuries have been inflicted.

The seconds shall in all events be punished as

prescription from a physician, shall dispense
any abortive shall suffer arresto mayor and a
accomplices.

fine not exceeding 1,000 pesos.

ELEMENTS
DUEL; defined
is a formal or regular combat previously
concerted between 2 parties
1. that there is a pregnant woman who has in the presence of 2 or more seconds
suffered an abortion lawful age on each side,
2. that the abortion is intended who make the selection of
3. that the offender, who must be a physician a r m s a n d fi x t h e o t h e r
or midwife, causes, or assits in causing, he
abortion
4. that said physician or midwife takes ACTS PUNISHED

conditions of the fight

a d v a n t a g e o f h i s o r h e r s c i e n t i fi c 1. by killing one's adversary in a duel

knowledge or skill

PENALTY
2. by inflicting upon such adversary physical
injuries
3. by making a combat although no physical
maximum period for intentional abortion
- as there is a heavier guilt in making use of
their knowledge for the destruction of human
injuries have been inflicted

WHO IS LIABLE IN A DUEL

life, where it should be used only for 1. the person who killed or inflicted physical

preservation

AS TO PHARMACISTS; THE ELEMENTS

injuries upon his adversary or both
combatants in any other case, as
principals.
ARE
1. that the offender is a pharmacist
2. that there is no proper prescription from a

2. the seconds, as accomplices

IF DEATH RESULTS

physician
3. that the offender dispenses any abortive
- same penalty for homicide

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
IF ONLY PHYSICAL INJURIES
the corresponding penalty therefor, according
to their nature shall be imposed.
CHALLENGING TO A DUEL
ART. 261
The penalty of prision correccional in its
minimum period shall be imposed upon 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
having refused to accept a challenge to fight a
duel.
ACTS PUNISHED
1. by challenging another to a duel
2. by inciting another to give or accept a
challenge to a duel
3. by scoffing at or decrying another publicly
for having refused to accept a challenge to
fight a duel.
PERSONS LIABLE
- putting out of an eye
1. the challenger
2. the instigator
WHEN DEEMED AS LIGHT THREATS ONLY
when the challenger desisted later on.

of depriving him of that body part.
110 of 205
PHYSICAL INJURIES
MUTILATION
ART. 262
The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person
who shall intentionally mutilate another by
depriving him, either totally or partially, or some
essential organ of reproduction.
Any other intentional mutilation shall be
punished by prision mayor in its medium and
maximum periods.
MUTILATION; defined
lopping or clipping off of some par of the body
NOTE: does not cover
2 KINDS OF MUTILATION
• by intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction
ELEMENTS
1. that there be castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium
2. that the mutilation is caused
purposely and deliberately, that is,
to deprive the offended party of
some essential organ for
reproduction.
NOTE: the castration must be
intentional; purposely and deliberately
made.
• by intentionally making other mutilation, that
is, lopping or clipping off any part of the body
of the offended party, other than the essential
organ for reproduction, to deprive him of that
part of his body.
THIS REFERS TO
any other intentional mutilation
(MAYHEM)
- deliberately inflicted for the purpose
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
SERIOUS PHYSICAL INJURIES
ART. 263
Any person who shall wound, beat, or assault
another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in
consequence of the physical injuries
inflicted, the injured person shall become
insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its
medium and maximum periods, if in
consequence of the physical injuries
inflicted, the person injured shall have lost
the use of speech or the power to hear or
to smell, or shall have lost an eye, a hand,
a foot, an arm, or a leg or shall have lost
the use of any such member, or shall have
become incapacitated for the work in which
he was therefor habitually engaged;
3. The penalty of prision correccional in its
minimum and medium periods, if in
consequence of the physical injuries
inflicted, the person injured shall have
become deformed, or shall have lost any
other part of his body, or shall have lost the
use thereof, or shall have been ill or
incapacitated for the performance of the
work in which he as habitually engaged for
a period of more than ninety days;
4. The penalty of arresto mayor in its
maximum period to prision correccional in
its minimum period, if the physical injuries
inflicted shall have caused the illness or
incapacity for labor of the injured person for
more than thirty days.
If the offense shall have been committed
against any of the persons enumerated in
Article 246, or with attendance of any of the
circumstances mentioned in Article 248, the
case covered by subdivision number 1 of this
Article shall be punished by reclusion temporal
in its medium and maximum periods; the case
covered by subdivision number 2 by prision
correccional in its maximum period to prision
mayor in its minimum period; the case covered
by subdivision number 3 by prision
correccional in its medium and maximum
periods; and the case covered by subdivision
number 4 by prision correccional in its
minimum and medium periods.
The provisions of the preceding paragraph
shall not be applicable to a parent who shall
inflict physical injuries upon his child by
excessive chastisement.

111 of 205
HOW COMMITTED
1. by wounding
2. by beating
3. by assaulting; or
4. by administering injurious substance
HENCE: supposing nag agaean ng
bolo, in which the offended party
accidentally hold the bolo, thus
wounding himself. no crime of SPI as
the accused did not wound him.
SERIOUS PHYSICAL INJURY BY
RECKLESS IMPRUDENCE
- pwede
- when due to lack of precaution, he wounded
another.
WHAT ARE SERIOUS PHYSICAL INJURIES
is when the injured person
1. shall become insane, imbecile, impotent, or
blind
2. shall have lost the use of speech or the
power to hear or to smell, or shall have lost
an eye, a hand, a foot, an arm, or a leg or
shall have lost the use of any such
m e m b e r, o r s h a l l h a v e b e c o m e
incapacitated for the work in which he was
therefor habitually engaged; (PRINCIPAL
MEMBERS OF THE BODY)
3. shall have become deformed, or shall have
lost any other part of his body (front tooth)
or shall have lost the use thereof, or shall
have been ill or incapacitated for the
performance of the work in which he as
habitually engaged for a period of more
than ninety days (OTHER MEMBERS
WHICH IS NOT PRINCIPAL)
4. physical injuries inflicted shall have caused
the illness or incapacity for labor of the
injured person for more than thirty days.
THERE MUST BE NO INTENT TO KILL
OTHERWISE; the crime committed is either
frustrated or attempted murder or homicide
PHYSICAL FRUSTRATED OR
INJURIES ATTEMPTED
HOMICIDE
dapat meron attempted homicide
may be committed
even if no physical
injuries inflicted
no intent to kill meron
IMPOTENT; defined
inability to copulate and sterility.
LOSS OF USE OF HANDS
- must be proven by the prosecution by clear
and convincing evidence (expert testimony),
that the nature of the injury is permanent and
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CRIMINAL LAW
BOOK II

no possibility for recovery, and that the WORK; includes

offended party can no longer use it.

DEFORMED; defined

- studies or preparation for a profession.

EXE: FOR THOSE FALLING IN PAR. 4

physical ugliness, permanent and definite - as the law merely provides that the nature of
abnormality. the injury inflicted incapacitates the offended

- must be conspicuous and visible.

HENCE: REQ:

party from any kind of labor

NOTE: hospitalization for more than 30 days

1. physical ugliness may mean either illness or incapacity for labor
2. p e r m a n e n t a n d d e fi n i t e
abnormality
for more than 30 days

3. conspicuous and visible

HENCE; if usually covered by clothes,

NOTE: there must be an evidence for the
length of the illness or incapacity
- otherwise, it shall be treated as Slight

not deemed as defirmity

LOSS OF TEETH;

Physical Injury.

NOTE: NOT TREATED AS AN INCAPACITY

• loss of only 1 incisor is not a deformity. exe:
impaired the offended party's appearance
and it can no longer be repaired by nature.

- lessening of efficiency due to injury

• but loss of 3 incisors is a deformity ORDINARY MUTILATION

PROVIDED PHYSICAL INJURY
it can no longer be repaired by action
of nature no special intention the mutilation must
- hence; kahit pwede pustisuhan, be
-purposely and

deformity parin.
deliberately made
NOTE: pag front tooth, not classified
as deformity, pero ipapasok sa par 2

QUALIFIED SERIOUS PHYSICAL INJURIES
"shall have lost any other member," 1. when committed agains any of the persons

kaya, treated parin as SPI

LOSS OF BOTH OUTER EAR

enumerated in the article defining the crime
of parricide; or
2. with the attendance of any of the
- is treated as deformity and loss of the power circumstances mentioned in the article
to hear.

LOSS OF LOBULE OF THE EAR

defining murder

EXE: physical injuries by excessive

- a deformity chastisement by parents, is not
qualified.
LOSS OF INDEX AND MIDDLE FINGERS
- either as deformity or loss of member, not
principal one, of his body,or the loss of use of SERIOUS PHYSICAL INJURIES

the same.

LOSS OF USE OF OTHER PART ART. 264

ie, The penalties established by the next

loss of power to hear of right ear only.

ILL/ILLNESS PAR. 3 CONTRA PAR. 4

preceding article shall be applicable in the
respective case to any person who, without
intent to kill, shall inflict upon another any
basta,in par. 4; this refers to illness serious, physical injury, by knowingly

- which is not cured more than 30 days

NOTE: medical attendance is not required to

administering to him any injurious substance or
beverages or by taking advantage of his

determine whether the illness lasted for more

than 30 days. ELEMENTS

weakness of mind or credulity.

- as the law refers the illness to illness or 1. that the offender inflicted upon another any
incapacity for labor, and not medical serious physical injury

attendance

FOR INCAPACITY; THE OFFENDED PARTY

2. that it was done by knowingly administering
to him any injurious substances or
beverages or by taking advantage of his
MUST HAVE A VOCATION OR WORK weakness of mind or credulity
as the law provides that the injury inflicted
makes him incapable from work which he was
3. that he had no intent to kill

habitually engaged. IF INTENT TO KILL IS PRESENT
- crime committed is frustrated murder
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BY KNOWINGLY ADMINISTERING TO HIM QUALIFIED LESS SERIOUS PHYSICAL

ANY INJURIOUS SUBSTANCES INJURY; when
- hence; if the accused is unaware that he is 1. there is a manifest intent to insult or offend
the injured person

administering a poison, no crime committed.

TAKING ADVANTAGE OF WEAKNESS OF

2. there are circumstances adding ignominy to
the offense
3. when the victim is either the offender's
THE MIND OR CREDULITY parents, ascendants, guardians, curators or
- may take place in case of witch craft, philters, teachers; or

magnetism, etc.

ART. 264 WILL NOT APPLY IF

4. when the victim is a person of rank or
person in authority, provided that the crime
- when the physical injuries that result are less
serious or slight
is not direct assault.

OR SHALL REQUIRE MEDICAL

LESS SERIOUS
PHYSICAL INJURIES
HENCE; when the offended party did
ART. 265
Any person who shal inflict upon another
physical injuries not described in the preceding
articles, but which shall incapacitate the
offended party for labor for ten days or more,
or shall require medical assistance for the
same period, shall be guilty of less serious
physical injuries and shall suffer the penalty of
arresto mayor.
ATTENDANCE FOR SAME PERIOD
MEANS; actual medical attendance.
- there must be a proof as to the period of the
required medical attendance
not apply medicine to his wounds, but
they were healed in 14 days, still not
covered by art 265 (?)
SLIGHT PHYSICAL INJURIES
AND MALTREATMENT

Whenever less serious physical injuries shall

ART. 266
The crime of slight physical injuries shall be
have been inflicted with the manifest intent to
punished:
kill or offend the injured person, or under
1. By arresto menor when the offender has
circumstances adding ignominy to the offense
inflicted physical injuries which shall
in addition to the penalty of arresto mayor, a
incapacitate the offended party for labor
fine not exceeding 500 pesos shall be
from one to nine days, or shall require

imposed.

Any less serious physical injuries inflicted upon

medical attendance during the same
period.
2. By arresto menor or a fine not exceeding
the offender's parents, ascendants, guardians,
20 pesos and censure when the offender
curators, teachers, or persons of rank, or
has caused physical injuries which do not
persons in authority, shall be punished by
prevent the offended party from engaging in
prision correccional in its minimum and
his habitual work nor require medical
medium periods, provided that, in the case of
assistance.
persons in authority, the deed does not
3. By arresto menor in its minimum period or a
constitute the crime of assault upon such
fine not exceeding 50 pesos when the

person.
offender shall ill-treat another by deed
MATTERS TO BE NOTED IN THE CRIME OF
LESS SERIOUS PHYSICAL INJURIES
without causing any injury.

3 KINDS OF SLIGHT PHYSICAL INJURIES

1. that the offended party is incapacitated for
1. physical injuries which incapacitated the
labor for 10 days or more, but not more
offended party for labor from 1 to 9 days, or
than 30 days, or needs medical attendance
required medical attendance during the
for the same period of time. (note; should
same period
the offended party was not able to work for
2. physical injuries which did not prevent the
2 days, but the necessity for medical
offended party from engaging in his
attendance lasted for 10 days, less serious
habitual work or which did not require
physical injury parin)
medical attendance
2. that the injury must not be those described
3. ill-treatment of another by deed without
in the preceding par.

NOTE: if the nature of the injury inflicted

causing any injury

NOTE: when there is no evidence of actual

does not requires medical attendance nor
injury, or proof of medical attendance or
prevented the offended party from
inability to work
engaging to work
- treated as slight physical injury
- the crime is only slight physical injury
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E X . S L I G H T P H Y S I C A L I N J U RY B Y
MALTREATMENT
- slapping the face the offended party without
dishonor.
RAPE
RAPE;
when and how committed
(parang for dummies lang
if you get what i mean)
circumstances:
ART. 266-A
Rape is committed:
1. By a man who shall have carnal knowledge
of a woman under any of the following
circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machination or
present.
grave abuse of authority; and
d. When the offended party is under
twelve (12) years of age or is
demented, even though none of the
circumstances mentioned above be
present.
2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, 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.
E L E M E N T O F R A P E U N D E R PA R 1
(ORDINARY RAPE)
1. that the offender is a man
2. that the offender had carnal knowledge of a
woman
3. that such act is accomplished under any of
the ff circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machination or
grave abuse of authority; and
d. When the offended party is under
twelve (12) years of age or is
demented, even though none of the
their relation. each other.
circumstances mentioned above be
present.
- manifest and tenacious resistance.
114 of 205
ELEMENTS UNDER PAR. 2
(RAPE BY SEXUAL ASSAULT)
1. that the offender commits an act of sexual
assault
2. that the act of sexual assault is committed in
any of the ff means:
a. by inserting his penis into another
person's mouth or anal orifice; or
b. by inserting anybinstrument or object
into the genital or anal orifice of
another person
3. that the act of sexual assault is
accomplished under any of the ff
a. Through force, threat, or intimidation;
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machination or
grave abuse of authority; and
d. When the offended party is under
twelve (12) years of age or is
demented, even though none of the
circumstances mentioned above be
THERE MUST BE A SEXUAL
INTERCOURSE UNDER PAR. 1
- pero; the law provides that even slight
penetration is enough to consummate the
crime
NOTE: actual proof of emission
(sperm) is not required.
NOTE: if no actual sexual intercourse
and only acts of lewdness are
performed,
- the crime may be acts of
lasciviousness under Art. 336
CIRCUMSTANCES QUALIFYING AN ACT AS
RAPE
THROUGH FORCE, THREAT OR
INTIMIDATION
DEGREE OF FORCE
- need not be irresistible, so long as it
brings about the desired result.
A RELATIVE TERM
depending on the age, size
and strength of the parties and
HOWEVER; IT MUST BE SHOWN
THAT THE VICTIM EXERTED
- mere verbal resistance is not enough,
there must physical struggle, taxing
her powers to the utmost
EXE: when the offender is an
ascendant or has influence
over the victim
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BY INTIMIDATION
INCLUDES: MORAL INTIMIDATION
ie. fear caused by threatening the
NOTE: resignation to consummated act is
not consent
AS: the crime here is already consummated.

victim with a knife or pistol ie. natutulig sya, nang biglang nagising sya
dahil may nag huhump sakanya. in here,
OFFENDED PARTY DEPRIVED OR
REASON OR OTHERWISE
UNCONSCIOUS

consummated na yung offense.

WHEN THE VICTIM IS UNDER 12 YEARS OF

- when the victim has no will at all

SUCH AS
AGE
RAPE IS ALWAYS COMMITTED,
regardless on whether the victim consented, or
1. when the victim is asleep, or
before she awoke
2. i s i n l e t h a r g y p r o d u c e d b y

despite he/she being a prostitute.

NOTE: character of the offended woman is

sickness immaterial in rape
3. narcotic was administered to a - hence, unconsented sexual act, committed
woman (provided: not consented through force, despite the victim is a prostitute,
and the victim was fully deprived if
his/her reason)
4. insane

the crime of rape is still committed.

5. feebleminded, idiotic woman (as
law does not require that
deprivation of will must be
complete. mental abnormality or
M U LT I P L E R A P E B Y 2 O R M O R E
OFFENDERS
in case of conspiracy, each of the accused is
criminally liable not only for the act of rape that
they each committed, but as well as those

deficiency is sufficient)

NOTE: deaf-mute victim is not a rape,

committed by his co-accused.

N O T E : R A P E M AY B E P R I V E D B Y
in the absence of proof that she is an UNCORROBORATED TESTIMONY OF THE
imbecile or other circumstances

present.
OFFENDED WOMAN

GUIDELINES
1. that an accusation for rape can be made
CONSUMMATED FRUSTRATE ATTEMPTED
RAPE D RAPE RAPE with facility, is difficult to prove, but more
difficult for the person of the accused,
HOW COMMITTED though innocent, to disprove
2. that in view of the intrinsic nature of the
crime of rap where only 2 persons are
ENOUGH THAT NO SUCH THE FF MUST
- the labia of the ANIMAL AS BE PRESENT usually involved,the testimony of the
female organ was FRUSTRATE 1. intent to complainant must be scrutinized with

penetrated

DOES NOT

D RAPE

RATION:
have carnal
knowledge of
the woman
extreme caution; and
3. that the evidence for the prosecution must
REQUIRE
- actual rapture of
he hymen; or
taking into
account the
n a t u r e ,

against her will

2. commenced
stand or fall on its own merits, and cannot
be allowed to draw strength from the
weakness of the evidence for the defense.

- complete elements and the commission
penetration; nor manner of of a felony
- presence to execution of directly by
spermatozoa the crime of
rape and
jurisprudence

overt acts

3.
on the matter, no penetration
h i g h l y
inconceivable
how frustrated
stage in rape
can ever be
committed

ie. dahil
sumisigaw
yung victim,
hangang panti
lang nakita
nya, habang
naka unbuckle
na pantalon
nya... nang
biglang nahuli
sya.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
PENALTY FOR RAPE
ART. 266-B
I. Rape under paragraph 1 of the next
preceding article shall be punished by
reclusion perpetua.
• Whenever the rape is committed with the use
of a deadly weapon or by two or more
persons,
the penalty shall be reclusion perpetua
to death.
• When by reason or on the occasion of the
rape, the victim has become insane,
the penalty shall become reclusion
perpetua to death.
• When the rape is attempted and a homicide
is committed by reason or on the occasion
thereof,
the penalty shall be reclusion perpetua
to death.
• When by reason or on the occasion ofthe
rape, homicide is committed,
the penalty shall be death.
• The death penalty shall also be imposed if
the crime of rape is committed with any of the
following aggravating/qualifying
circumstances:
a. When the victim is under eighteen (18)
years of age and the offender is a
parent, ascendant, step-parent,
guardian, relative by consanguinity or
affinity within the third civil degree, or
the common-law spouse of the parent
of the victim;
b. When the victim is under the custody
of the police or military authorities or
any law enforcement or penal
institution;
c. When the rape is committed in full view
of the spouse, parent, any of the
children or other relatives within the
third civil degree of consanguinity;
d. When the victim is a religious engaged
in legitimate religious vocation or
calling and is personally known to be
such by the offender before or at the
time of the commission of the crime;
e. When the victim is a child below seven
(7) years old;
f. When the offender knows that he is
afflicted with the Human Immuno-
Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS)
or any other sexually transmissible
disease and the virus or disease is
transmitted to the victim;
g. When committed by any member of
the Armed Forces of the Philippines or
116 of 205
para-military units thereof or the
Philippine National Police or any law
enforcement agency or penal
institution, when the offender took
advantage of his position to facilitate
the commission of the crime;
h. When by reason or on the occasion of
the rape, the victim has suffered
permanent physical mutilation or
disability;
i. When the offender knew of the
pregnancy of the offended party at the
time of the commission of the crime;
and
j. When the offender knew of the mental
disability, emotional disorder and/or
physical handicap of the offended party
at the time of the commission of the
crime.
II. Rape under paragraph 2 of the next
preceding article shall be punished by prision
mayor.
• Whenever the rape is committed with the use
of a deadly weapon or by two or more
persons,
the penalty shall be prision mayor to
reclusion temporal.
• When by reason or on the occasion of the
rape, the victim has become insane,
the penalty shall be reclusion
temporal.
• When the rape is attempted and a homicide
is committed by reason or on the occasion
thereof,
the penalty shall be reclusion temporal
to reclusion perpetua.
• When by reason or on the occasion ofthe
rape, homicide is committed,
the penalty shall be reclusion
perpetua.
• Reclusion temporal shall be imposed
if the rape is committed with any of the
ten aggravating/ qualifying
circumstances mentioned in this
article.
SPECIAL COMPLEX CRIME OF RAPE WITH
HOMICIDE
PROVIDED:
that rape was purposely sought
hence; pag patay o mamamatay na, saka
nlang naisip ng accused na repain nya victim
nya, the homicide and rape shall be treated as
separate crimes.
ie of special complex crime of homicide with
rape.
- na infect ni rapist yung victim ng gonorrhea,
na ikinamatay nung victim.
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 THE AWESOME NOTES 117 of 205
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AS TO PENALTY penalty shall not be abated if the marriage is

ORDINARY RAPE RAPE BY SEXUAL
ASSAULT

void ab initio.

MARRIAGE EXTINGUISHES PENAL ACTION

A N D T H E P E N A LT Y T H AT M AY B E
committed under any of the 4 IMPOSED
circumstances SHALL BENEFIT
- only the principal, in case there are several
reclusion perpetua prision mayor principal, the accused-principal who marries

with use of deadly weapon or

by 2/more persons

the victim

shall shall not benefit the accomplices

and accessories, as well as his
rp to death prision mayor to rt co-principals
- as the crime of rape is no longer
treated as crime against chastity, but
victim becomes insane

as a crime against persons

WHEN THE LEGAL HUSBAND

rp to death rt
subsequent forgiveness by the wife as the
offended party shall extinguish the criminal
attempted rape and homicide action or the penalty.
PROVIDED: that their marriage is not

rp to death rt to rp void ab initio

- in here; serves as an exe to the rule that only

in crimes agains chastity that pardon or
rape with homicide forgiveness by the offended party shall bar the
prosecution of the offense committed.
death rp
PRESUMPTIONS
with aggravating/qualifying
circumstances ART. 266-D
Any physical overt act manifesting resistance
death rt against the act of rape in any degree from the

INDEMNITY IN RAPE
50k; indemnity ex-delicto
not less than 75k; is qualified by any of the
circumstances under which the death penalty
offended party, or where the offended party is
so situated as to render her/him incapable of
giving valid consent, may be accepted as
evidence in the prosecution of the acts
punished under Article 266-A.

is authorized

PLUS:
• 50k for moral damages (automatically
awarded, even without proof)
• exemplary damages, if the crime is
committed with one or more aggravating
circumstances
consent.
EVIDENCE WHICH MAY BE ACCEPTED IN
THE PROSECUTION OF RAPE
1. any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party
2. where the offended party is so situated as
to render him/her incapable of giving

PENALTY FOR RAPE

ART. 266-C
The subsequent valid marriage between the
offended party shall extinguish the criminal
action or the penalty imposed.

In case it is the legal husband who is the

offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That
the crime shall not be extinguished or the

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 THE AWESOME NOTES 118 of 205
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BOOK II

TITLE NINE
CRIMES AGAINST CRIMES AGAINST LIBERTY
PERSONAL LIBERTY AND
SECURITY
ILLEGAL DETENTION

THE FF ARE CRIMES CLASSIFIED AS

THE FF ARE CRIMES AGAINST PERSONAL
ILLEGAL DETENTION
LIBERTY
1. kidnapping and serious illegal detention
1. kidnapping and serious illegal detention
2. slight illegal detention
2. slight illegal detention
3. unlawful arrest
3. unlawful arrest
4. kidnapping and failure to return a minor
5. inducing a minor to abandon his home
6. slavery KIDNAPPING AND SERIOUS
7. exploitation ILLEGAL DETENTION
8. services rendered under compulsion in

payment of debt

THE FF ARE CRIMES AGAINST SECURITY

1. abandonment of person in danger and
abandonment of one's own victim
2. abandoning a minor
3. abandonment of minor by person entrusted
with his custody
4. exploitation of minors
5. trespass to dwelling
6. other forms of trespass
7. grave threats
8. light threats
9. other light threats
10. grave coercion
11. light coercion
12. other similar coercion (compulsory
purchase of merchandise and payment of
be a minor, female or a public officer.
ART. 267
Any private individual who shall kidnap or
detain another, or in any other manner deprive
him of his liberty, shall suffer the penalty of
reclusion perpetua to death:
1. If the kidnapping or detention shall have
lasted more than five days.
2. If it shall have been committed simulating
public authority.
3. If any serious physical injuries shall have
been inflicted upon the person kidnapped
or detained; or if threats to kill him shall
have been made.
4. If the person kidnapped or detained shall

The penalty shall be death where the

wage by means of tokens)
13. formation, maintenance and prohibition of
combination of capital or labor through
violence or threats
14. discovering secrets through seizure of
correspondence
kidnapping or detention was committed for the
purpose of extorting ransom from the victim or
any other person, even if none of the
circumstances above-mentioned were present
in the commission of the offense.

When the victim is killed or dies as a

15. revealing of industrial secrets
consequence of the detention, or is raped or is
subjected to torture or dehumanizing acts, the

maximum penalty shall be imposed.

ELEMENTS
1. that the offender is a private individual
2. that he kidnaps or detains another, or in
any other manner deprives the latter of his
liberty
3. that the at of detention or kidnapping must
be illegal
4. that in the commission of the offense, any
of the ff circumstances is present:
a. that the kidnapping or detention lasts
for more than 3 days
b. that it is committed simulating public
authority
c. that any serious physical injuries are
inflicted upon the person kidnapped or
detained or thats to kill him are made;
or
d. that the person kidnapped or detained
is a minor, female or a public officer

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 THE AWESOME NOTES 119 of 205
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BOOK II

NOTE: if committed by public offer

- the crime committed is not kidnapping, rather,

ie.

arbitrary detention.

PROVIDED:
• though with freedom of locomotion,
but no freedom to leave at will.

such public officer has the authority to NOTE: detention for more than 3 days is
cause detention of a person. (ie: not necessary for the crime of kidnapping
police) to arise; when
- if no, ie. sanitary officer, the crime • any other circumstances are present

would still fall under this article

THERE MUST BE AN INTENTION TO

• when it was committed to extort ransom

(same also for other circumstances)

DEPRIVE LIBERTY SPECIAL COMPLEX CRIME OF

• HENCE; if the circumstances of the the crime
is that the offended party was taken and a
day following his body was found
- it cannot be said the the crime
committed is kidnapping with murder
the intention to deprive one of
his liberty is negatived by the
short interval of time of the
victim's detention.
• ALSO: when it is committed by robbers
- shall not be deemed as kidnapping,
as the purpose of the robbers in doing
so was to delay or prevent assistance
KIDNAPPING WITH MURER/HOMICIDE
RULE IS
- when the victim kidnapped is killed in the
course of the detention, regardless of whether
the killing was purposely sought or was merely
an afterthought
• it can no longer be complexed under Art.
48; nor
• be treated as a separate crimes
rather; shall be punished as a special complex
crime under the last par. of art. 267

EXE: when the taking of the person is made

being rendered by the authorities and not for the purpose of detaining the him or
not primarily motivated to deprive the from extorting ransom

victim's liberty. HENCE: if the sole intention is to kill the victim,

the crime committed is a simple murder and
NOTE: the detention must be illegal
WHEN DETENTION IS ILLEGAL
- when the detention is

not a special complex crime.

C I R C U M S TA N C E S Q U A L I F Y I N G T H E
• not ordered by competent authority OFFENSE
or when it is committed for the purpose of

• not permitted by law

EXE: WHEN THE PURPOSE BECOME

extorting money

RP (DEATH) shall be imposed, regardless of:

IMMATERIAL • any ordinary mitigating circumstances
- when any of the circumstances in the first par. • voluntary release by the captors and non-

of Art. 267 is present

NOT REQ: that there must be an actual

attainment of the the purpose

ONE DEGREE LOWER; by privilege mitigating

demand for ransom • committed by a minor over 15 but not older
- if such is present, any of the ff circumstances

under par. 4 need not be present. than 16 years old

RANSOM; defined
DETENTION OR LACKING UP OF VICTIM; - is money, price or consideration paid or

ESSENTIAL demanded for redemption of a captured
person or persons,
F O R T H E R E TO H AV E A N I L L E G A L
DETENTION
- there must be an actual confinement or

a payment that releases from captivity

HENCE; covered yung

restriction of the person of the offended party. - creditor kidnapped the child of his debtor, and
demanded from the latter that he shall release
HENCE: if the offended party has the
freedom to leave the premises where
she was allegedly confined

only the child after he pays him of his debt.

NOTE: in case of conspiracy;

- no deprivation of liberty.

NOTE HOWEVER
- all shall be held liable, including those who

did not take any part of the money.

THAT IT IS NOT NECESSARY THAT THE

VICTIM BE PLACED IN AN INCLOSURE
- enough na
when the victim is detained or deprived
him in any manner of his liberty

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 THE AWESOME NOTES 120 of 205
CRIMINAL LAW
BOOK II

WHEN MAXIMUM PENALTY IS IMPOSED ELEMENTS

1. the purpose if to extort ransom
2. t h e v i c t i m i s k i l l e d o r d i e s a s a
consequence of the detention
3. when the victim is raped
4. when the victim is subjected to torture or
1. that the offender is a private individual
2. that he kidnaps or detains another, or in
any other manner deprives him of his liberty
3. that the act of kidnapping or detention is
illegal

dehumanizing acts 4. that the crime is committed without the

attendance of any of the circumstances
ILLEGAL
DETENTION
ARBITRARY
DETENTION
enumerated in art. 267

LIABILITY OF THE ACCOMPLICE IN SLIGHT

ILLEGAL DETENTION
committed by whom AS CO-PRINCIPAL

private individual by public officer or

employee

- if he furnished the place of detention

ONE DEGREE LOWER

- if cooperate in the commission other than
how committed furnishing the place for the perpetration of the

by unlawfully when the detention

crime.

P R I V I L E G E M I T I G AT I N G I N S L I G H T
kidnaps, detains or is without legal ILLEGAL DETENTION (1 degree lower)
otherwise deprives a ground 1. voluntarily releases the person so
person of his liberty kidnapped or detained within 3 days from
the commencement of the detention
nature of the crime 2. without having attained the purpose
intended; AND
a crime against a crime against the 3. b e f o r e t h e i n s t i t u t i o n o f c r i m i n a l
personal liberty and
seurity
fundamental law of
the state.
proceedings against him

PROVIDED:
that the accused must be able to show
that he has the capacity to cause the
detention longer than 3 days, yet he
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
released him within that time.

EXE: VOLUNTARY RELEASE IS NOT

P R I V I L E G E M I T I G AT I N G ( N O R
ART. 268 MITIGATING) WHEN THE VICTIM IS
The penalty of reclusion temporal shall be A WOMAN
imposed upon any private individual who shall - pasok kasi sa art. 267
commit the crimes described in the next
preceding article without the attendance of any

of circumstances enumerated therein.

The same penalty shall be incurred by anyone

UNLAWFUL ARREST

who shall furnish the place for the perpetration ART. 269

of the crime.

If the offender shall voluntarily release the

person so kidnapped or detained within three
days from the commencement of the detention,
without having attained the purpose intended,
and before the institution of criminal
proceedings against him, the penalty shall be
prision mayor in its minimum and medium
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
any person who, in any case other than those
authorized by law, or without reasonable
ground therefor, shall arrest or detain another
for the purpose of delivering him to the proper
authorities.

ELEMENTS
periods and a fine not exceeding seven 1. that the offender arrests or detains another

hundred pesos. person
2. that the purpose of the offender is to deliver
him to the proper authorities
3. that the arrest or detention is not authorized
by law or there is no reasonable ground
therefor.


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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: for unlawful arrest
- the offender may be a private individual or
public officer or employee
BUT: if committed b public officer
DAPAT: he has no authority to make
an arrest
HENCE: if he has, and the arrest is
without valid ground
- the offense committed is arbitrary
detention.
NOTE: no period of detention is provided in
unlawful arrest, unlike in arbitrary
detention. What is controlling is the motive
of the offender.
HENCE; if the motive of the offender is to
deliver the offended party to the proper judicial
officer, is still unlawful arrest, regardless on
whether it exceeded 3 days. (labo)
KIDNAPPING OF MINORS
KIDNAPPING AND FAILURE TO
RETURN A MINOR
such home
ART. 270
The penalty of reclusion perpetua shall be
imposed upon any person who, being
entrusted with the custody of a minor person,
shall deliberately fail to restore the latter to his
parents or guardians.
ELEMENTS
1. that the offender is entrusted with the
custody of a minor person (whether over or
under 7 years, but less than 21 years of
age.)
2. that he deliberately fails to restore the said
minor to his parents or guardians
PUNISHABLE ACT
the deliberate failure of the custodian of the
minor to restore the latter of his parents or
guardian
Note: yung minor dito, anyone who is
less than 21 years old, and not 18.
WHEN RP AS PENALTY IS NOT TO BE
IMPOSED
when the offense is committed by the father or
the mother of the minor
- in here, the penalty imposable is arresto
mayor OR a fine not exceeding 300php.
DISTINCTION FROM ART. 267
in Art. 270; the minor's custody is entrusted to
the offender

121 of 205
INDUCING A MINOR TO
ABANDON HIS HOME
ART. 271
The penalty of prision correccional and a fine
not exceeding seven hundred pesos shall be
imposed upon anyone who shall induce a
minor to abandon the home of his parent or
guardians or the persons entrusted with his
custody.
If the person committing any of the crimes
covered by the two preceding articles shall
(does not contemplate unlawful arrest) be the
father or the mother of the minor, the penalty
shall be arresto mayor or a fine not exceeding
three hundred pesos, or both.
ELEMENTS
1. that a minor (whether under or over 7 years
of age) is living in the home of his parents
or guardian or the person entrusted with his
custody; and
2. the offender induces said minor to abandon
NOTE: the age of the minor here is under 21
yrs old
THE INDUCEMENT MUST BE
1. actual
2. committed with criminal intent; and
3. determined by a will to cause damage
hence; when he accused merely stated that
manila is a much better place than Jolo, and
that he would defray the expenses when they
go with him, does not amount to an offense
under art. 271.
TO INDUCE MEANS;
- to influence, to prevail, to move by
persuasion, to incite by motives
MUST TAKE INTO CONSIDERATION
1. the ascendancy of he offender over the
minor alleged to be induced; and
2. the believability of the promise
in the example given; kunti lang yung age
difference and that the accused is a mere
house helper.
THE OFFENSE IS CONSUMMATED
BY MERE inducement of a minor to abandon
their home.
- the law does not require that the
minor induced actually abandon his
home.
RATION: purpose of the law is to discourage
and prevent disruption of filial relationship and
undue interference with the parents' right and
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BOOK II

duty to the custody of their minor children and ELEMENTS

to rear them. 1. that the offender retains a minor in his
service
SLAVERY AND SERVITUDE 2. that it is against the will of the minor
3. that is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
SLAVERY descendant, guardian or person entrusted

ART. 272
with the custody of such minor.

NOTE: the service must be against the will of

The penalty of prision mayor and a fine of not the minor.
exceeding 10,000 pesos shall be imposed
upon anyone who shall purchase, sell, kidnap
or detain a human being for the purpose of SERVICES RENDERED UNDER

enslaving him.

If the crime be committed for the purpose of

COMPULSION IN PAYMENT OF
DEBT
assigning the offended party to some immoral
traffic, the penalty shall be imposed in its
ART. 274

maximum period.

ELEMENTS
The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period shall be imposed upon any person who,
1. that the offender purchases, sells, kidnaps
in order to require or enforce the payment of a
or detains a human being
debt, shall compel the debtor to work for him,
2. that the purpose of the offender is to
against his will, as household servant or farm
enslave such human being

C I R C U M S TA N C E Q U A L I F Y I N G T H E

laborer.

ELEMENTS
OFFENSE
1. that the offender compels a debtor to work
if the purpose of the offender is to assign the
for him, either as household servant or farm
offended party to prostitution. higher penalty
laborer

imposable.

THE PURPOSE MUST BE TO ENSLAVE THE

2. that it is against the debtor's will
3. that the purpose is to require or enforce the
OFFENDED PARTY
OTHERWISE; the crime committed may either
payment of debt

NOTE: in here, the person compelled is the

be kidnapping or illegal detention.

FOR THE PURPOSE OF ENSLAVING THE

debtor himself.

OFFENDED PARTY

- ie: rendering work without renumeration

NOTE: should a minor was taken to work as a

servant but with the consent of the parents or
guardian
- shall not fall under art. 272

EXPLOITATION OF CHILD
LABOR

ART. 273
The penalty of prision correccional in its
minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon
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's will, retain

him in his service.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
CRIMES AGAINST SECURITY
ABANDONMENT OF HELPLESS PERSON
AND EXPLOITATION OF MINORS
ABANDONMENT ...
ART. 275
The penalty of arresto mayor shall be imposed
upon:
1. Any one who shall fail to render assistance
to any person whom he shall find in an
uninhabited place wounded or in danger of
dying, when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious
offense.
2. Anyone who shall fail to help or render
assistance to another whom he has
accidentally wounded or injured.
3. Anyone who, having found an abandoned
child under seven years of age, shall fail to
deliver said child to the authorities or to his
family, or shall fail to take him to a safe
place.
the latter is abandoned
ACTS PUNISHED
• by failing to render assistance to any person
whom the offender finds in an uninhabited
place wounded or in danger of dying when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense
ELEMENTS
1. that the place is uninhabited
2. that the accused found there a
person or in danger of dying
3. that the accused can render
assistance without detriment to
himself
4. that the accused fails to render
assistance
• by failing to help or render assistance to
another whom the offender has accidentally
wounded or injured
• by failing to deliver a child, under 7 years of
age whom the offender has found
abandoned, to the authorities or to his
because of the abandonment
family,or by failing to take him to a safe place
NOTE:
• immaterial whether the accused knows that
the child is below 7 yrs old
• for par 2; the wound or injury must be
accidentally inflicted by the accused.
123 of 205
ABANDONING A MINOR
ART. 276
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
any one who shall abandon a child under
seven years of age, the custody of which is
incumbent upon him.
When the death of the minor shall result from
such abandonment, the culprit shall be
punished by prision correccional in its medium
and maximum periods; but if the life of the
minor shall have been in danger only, the
penalty shall be prision correccional in its
minimum and medium periods.
The provisions contained in the two preceding
paragraphs shall not prevent the imposition of
the penalty provided for the act committed,
when the same shall constitute a more serious
offense.
ELEMENTS
1. that the offender has the custody of a child
2. that the child is under 7 years of age
3. that he abandons such child
4. that he has no intent to kill the child when
HENCE; if intent to kill is present
- the crime would be either murder,, parricide
or infanticide, or should the victim survives, the
crime would be on its attempted or frustrated
stage.
NOTE: in crimes against security, intent to kill
is not presumed, unlike in crimes against
person.
THERE MUST BE A
P E R M A N E N T, C O N S C I O U S A N D
DELIBERATE ABANDONMENT OF A CHILD
regardless on; whether the child is endangered
or not.
BASTA: he abandons a child, where the care
and protection it needs by reason of its tender
years is interrupted.
C I R C U M S TA N C E S Q U A L I F Y I N G T H E
OFFENSE
1. when death of the minor resulted from such
abandonment
2. if the life of the minor was in danger
NOTE: should the parents of the child
committed this offense
- they shall be deprived of their parental
authority.
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ART. 277 par. 1 ART. 276

ABANDONING A MINOR BY
PERSON ENTRUSTED custody here is the custody over the
WITH HIS CUSTODY; custody for rearing minor is stated in
or education of the general
INDIFFERENCE OF PARENTS minor

minor here is under minor here is under

ART. 277 21 yrs old 7. years of age
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon minor here is minor here is
anyone who, having charge of the rearing or - delivered to a abandoned in such
education of a minor, shall deliver said minor to public institution or a way as
a public institution or other persons, without other person. - to deprive him of
the consent of the one who entrusted such the care and
child to his care or in the absence of the latter, protection that his

without the consent of the proper authorities.

The same penalty shall be imposed upon the

tender years need

parents who shall neglect their children by not OBLIGATION TO EDUCATE CHILDREN
giving them the education which their station in TERMINATES
when the children refuses without good reason

life require and financial conditions permit.

ACTS PUNISHED
to live with the accused-parent.

• by delivering a minor to a public institution or NOTE: failure to give education to children

other persons without the consent of the one MUST BE;
who entrusted such minor to the care of the due to deliberate desire to evade such
offender or, in the absence of that one, obligation.

without the consent of the proper authorities

ELEMENTS
1. the offender has charge of the EXPLOITATION OF MINORS
rearing or education of a minor
2. that he delivers said minor to a
public institution or other persons ART. 278
3. that the one who entrusted such The penalty of prision correccional in its
child to the offender has not minimum and medium periods and a fine not
consented to such act; or if the
one who entrusted such child to
exceeding 500 pesos shall be imposed upon:

1. Any person who shall cause any boy or girl

the offender is absent,the proper
authorities have not consented to under sixteen years of age to perform any
dangerous feat of balancing, physical strength,
it.

NOTE: the offender here must have

or contortion.

charge with the rearing or education of
the minor.
- hence; pag may nakitang child
negrito yung accused at dinala sa
manila, but since his means is not
sufficient to support him, he entrusted
the said child to another. this shall not
2. Any person who, being an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or circus
manager or engaged in a similar calling, shall
employ in exhibitions of these kinds children
under sixteen years of age who are not his
children or descendants.

3. Any person engaged in any of the callings

fall under art. 277.

• by neglecting his children by not giving them

enumerated in the next paragraph preceding
who shall employ any descendant of his under
the education which their station in life twelve years of age in such dangerous

requires and financial condition permits

exhibitions.

4. Any ascendant, guardian, teacher or person

ELEMENTS (indifference of parents)
entrusted in any capacity with the care of a
1. that the offender is a parent
child under sixteen years of age, who shall
2. that he neglects his children by not
deliver such child gratuitously to any person
giving them education
following any of the callings enumerated in
3. that his station in life requires such
paragraph 2 hereof, or to any habitual vagrant
e d u c a t i o n a n d h i s fi n a n c i a l
or beggar.
condition permits it.


prepared by: ronie ablan

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CRIMINAL LAW
BOOK II

If the delivery shall have been made in TRESPASS TO DWELLING

consideration of any price, compensation, or
promise, the penalty shall in every case be

imposed in its maximum period.

In either case, the guardian or curator

QUALIFIED TRESPASS TO
DWELLING
convicted shall also be removed from office as
guardian or curator; and in the case of the
ART. 280
parents of the child, they may be deprived,
Any private person who shall enter the
temporarily or perpetually, in the discretion of
dwelling of another against the latter's will shall

the court, of their parental authority.
be punished by arresto mayor and a fine not
5. Any person who shall induce any child under
sixteen years of age to abandon the home of

exceeding 1,000 pesos.

If the offense be committed by means of

its ascendants, guardians, curators, or
violence or intimidation, the penalty shall be
teachers to follow any person engaged in any
prision correccional in its medium and
of the callings mentioned in paragraph 2
maximum periods and a fine not exceeding
hereof, or to accompany any habitual vagrant

or beggar.

1,000 pesos.

The provisions of this article shall not be

I THINK THIS IS ALREADY AMENDED BY
applicable to any person who shall enter
ANTI-CHILD ABUSE LAW.
another's dwelling for the purpose of
preventing some serious harm to himself, the
occupants of the dwelling or a third person, nor
ADDITIONAL PENALTIES FOR shall it be applicable to any person who shall
OTHER OFFENSES enter a dwelling for the purpose of rendering
some service to humanity or justice, nor to

ART. 279
anyone who shall enter cafes, taverns, inn and

other public houses, while the same are open.

The imposition of the penalties prescribed in ELEMENTS

the preceding articles, shall not prevent the 1. that the offender is a private person
imposition upon the same person of the 2. that he enters the dwelling of another
penalty provided for any other felonies defined

and punished by this Code.
3. that such entrance is against the latter's will

C I R C U M S TA N C E S Q U A L I F Y I N G T H E
OFFENSE

if committed by violence or intimidation

OFFENDER HERE IS A PRIVATE PERSON

OTHERWISE; if committed by a public officer
or employee

- the crime is violation of domicile

DWELLING PLACE; defined

any bldg or structure exclusively devoted for
rest and comfort, as distinguished from place

devoted for business, office, etc.

NOTE: a place used as a store and at

the same time being used as a
dwelling place of the offended party
- shall be deemed as a dwelling place

for the purpose of this article.

INCLUDES:
a room when occupied by another
person.
- hence, the offense may be committed
by a boarder in the house of the

offended party.

prepared by: ronie ablan

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ENTRANCE MUST BE AGAINST THE WILL
OF THE OWNER OR OCCUPANT
as distinguished from mere lack of consent; as
mere absence of consent is not enough to
constitute trespass to dwelling.
LACK OF PERMISSION DOES NOT
AMOUNT TO PROHIBITION
ie.
• when entrance has not been denied
entrance
beforehand
• all members of the household
presumed to have authority to
extend an invitation to enter the
house,
IMPLIED PROHIBITION
when express prohibition is not req, and
presumed that the entry is against the owner's
or occupant's will
ie.
• entrance made early in the morning, over a
closed door (though unlock)
• at late hour of the night after the inmates
have retired and closed their doors
• when the door is merely fasten by strings,
such fact alone signifies that the occupant
wished it to be understood that she does not
desire anyone to enter without her express
consent
• when the owner told the accused to wait on
the porch.
• entrance through window
PROHIBITION MUST BE IN EXISTENCE
PRIOR TO OR AT THE TIME OF THE
ENTRANCE
HENCE; if pinapasok ng bahay, at once
nakapasok na sya saka nya ginamitan ng
violence yung occupant, may crime na na
commit, but definitely it wouldn't fall under art.
280.
QUALIFIED TRESPASS TO DWELLING
when the entry is effected by violence or
intimidation.
T R E S PA S S B Y M E A N S O F
VIOLENCE
1. pushing the door violently and
maltreating the occupant after
entering
2. cutting of a ribbon or strings with
which the door latched of a closed
room was fastened
3. wounding by means of bolo, the
owner of the house immediately
after entrance
126 of 205
T R E S PA S S B Y M E A N S O F
INTIMIDATION
1. firing a revolver in the air by
persons attempting to force their
way into a house
2. the flourishing of bolo against
inmates of the house upon gaining
NOTE: in qualified trespass; the violence or
intimidation may be committed once the
unlawful entry was effected.
HENCE: pag consented yung entry
and later on the visitor employed
violence, not a qualified trespass.
NOTE: prohibition of the owner is not
necessary, when the entry was effected by
violence or intimidation.
TRESPASS MAY BE COMMITTED BY THE
OWNER OF THE DWELLING
ie. on lease.
- hence, kung di nag babayad si lessee, dapat
ang gawin nya is to ask for an assistance from
the court (unlawful detainer), and not to force
his way on the house and expel the lessee.
pag ginawa nya yung later, pwede pa syang
kasuhan for trespass.
NOTE: IN TRESPASS
ordinarily, the offender have intention to
commit another crime. but if there is no
overt act of the crime intended to be
committed, the crime is only trespass.
HENCE; should the accused intended to rob
the house but was caught before he could take
any personal property
- he is only guilty for trespass to dwelling and
not for attempted robbery.
Q: accused forced his entry by entering
through the window. when the occupant
tried to arrest him upon discovery, he
resisted and seriously injured one of the
occupant by stabbing on its vital organs,
and boxed other occupants. what is/are the
crime committed?
A: TRESPASS TO DWELLING THROUGH
VIOLENCE, FRUSTRATED HOMICIDE AND
LESS SERIOUS PHYSICAL INJURIES
TRESPASS CANNOT BE COMPLEXED
UNDER ART. 49
note: if his intention is to kill the occupant
- the accused is liable for frustrated homicide
and the unlawful entry shall be considered as
an aggravating circumstance.
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 THE AWESOME NOTES 127 of 205
CRIMINAL LAW
BOOK II

EXEMPTING CIRCUMSTANCES
1. if the entrance to another's dwelling is

made for the purpose of preventing some TRESPASS TO OTHER FORMS OF
serious harm to himself, the occupants of DWELLING TRESPASS
he dwelling or a third person
2. if the purpose is to render some service to the offender is
humanity or justice
3. if the place where entrance is a cafe, private person any person
tavern, inn and other public houses, while

the same are open

for the purpose of rendering some

entry made to

service or justice a dwelling house any closed premises

- does not cover meralco inspector, on or fenced estate
account of suspicion of stealing
electricity. inhabited/uninhabited

inhabited uninhabited
OTHER FORMS OF TRESPASS
acts constituting the crime
ART. 281
The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be entry against the will entry on closed or
imposed upon any person who shall enter the of the owner or fenced premises
closed premises or the fenced estate of occupant without securing the
another, while either or them are uninhabited, if permission of he
the prohibition to enter be manifest and the owner or caretaker.
trespasser has not secured the permission of
nature of the prohibition

the owner or the caretaker thereof.

ELEMENTS
express or implied must be manifest
1. that the offender enters the closed
premises or the fenced estate of another
2. that the entrance is made while either of
them is uninhabited
3. that the prohibition to enter be manifest

4. that the trespasser has not secured the
permission of the owner or caretaker

thereof.

PREMISES
- other than dwelling place
- of fixed and definite locality. it may mean a
room, shop, bldg or definite area, but in either

case locality is fixed.

ie. warehouse.


prepared by: ronie ablan

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
THREATS AND COERCION
GRAVE THREATS
ART. 282
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, shall suffer:
1. The penalty next lower in degree than that
prescribed by law for the crime be threatened
to commit, if the offender shall have made the
threat demanding money or imposing any
other condition, even though not unlawful, and
said offender shall have attained his purpose.
If the offender shall not have attained his
purpose, the penalty lower by two degrees
shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not
exceeding 500 pesos, if the threat shall not
have been made subject to a condition.
ACTS PUNISHABLE AS GRAVE THREATS
1. by threatening another with the infliction
upon his person, honor, or property or that
of his family of any wrong amounting to a
crime and demanding money or imposing
any other condition, even through not
unlawful, and the offender attained his
purpose
2. by making such threat without the offender
attaining his purpose
3. by threatening another with the infliction
upon his person, honor, or property or that
if his family of any wring amounting to a
crime, the threat not being subject to a
condition.
NOTE: the threat amounting to crime
against person, property or honor of the
offended party or that of his family
MEANS: does not necessarily that such threat
amount to crime against person, honor or
property.
- hence, if one threaten another to kidnap the
son of the offended party should the latter fails
to give him 1k (or to pay his debt)
the crime committed here is still grave
threat, even though the threaten crime
is a crime against liberty.
affects the member of the family of the
offended party
the threats will be carried into effect.
128 of 205
ELEMENTS
1. that the offender threatens another person
with the infliction upon the latter's person,
honor, or property, or upon that of the
latter's family, of any wrong.
2. that such wrong amounts to a crime
3. that there is a demand for money or that
any other condition is imposed, even
though not unlawful
4. that the offender attains his purpose
NOTE:
threatening to publish a libel and offering to
prevent such publication for money is punished
under Art. 356 and not as grave threats.
PENALTY
SHOULD THE OFFENDER ATTAINED HIS
PURPOSE
one degree lower of the penalty for the crume
threatened to be committed
SHOULD THE OFFENDER DOES OT ATTAIN
HIS PURPOSE
two degrees lower than that provided by law
for the crime threatened to be committed
SHOULD THE THREAT BE NOT SUBJEC TO
ANY CONDITION
fixed penalty of arresto mayor and a fine not
exceeding 500.
QUALIFYING CIRCUMSTANCE; maximum
period shall be imposed
- should the offender made the threats in
writing or through middleman
ELEMENTS OF GRAVE THREATS NOT
SUBJECT TO A CONDITION
1. that the offender threatens another person
with he infliction upon the latter's person,
honor or property, or upon that of the
latter's family, any wrong
2. that such wrong amount to a crime
3. that the threat is not subject to a condition
PROVIDED FURTHER
THAT THE THREAT HERE MUST BE
- serious and deliberate
• serious in the sense that it is
deliberate and that the offender
persists in the idea involved in his
threats
• deliberate in the sense, that there is
a purpose of creating in the mind if
the person threatened the belief that
HENCE: if such is made in the heat of
anger
- not punishable as grave threats,
rather shall fall under art. 285 2nd par,
other light threats.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: if the condition is not proved
- it shall be classified as grave threat without
condition attached. fixed penalty.
NOTE: the act threatened must be wrong
hence, should the accused threatened the
offended party that should the same fails to
pay his debt, he shall be compelled to file a
civil action---
does not amount to grave threat, as
or, that he has not attained his purpose.
the act threatened is not wrong...
NOTE: the grave threats need not be made
or uttered by he accused in the presence of
the offended party.
ENOUGH NA
that the threats, after they had been made in
his absence, came to the knowledge of the
offended party.
NOTE NOTE:
grave threats is consummated
- as soon as the threats come to the
knowledge of the person threatened
NOTE: should aside from the grave threats
made, there are other crimes actually
committed
- grave threats made in connection with the
commission of other crimes are absorbed by
the latter.
HOWEVER
if the threat was made with the
deliberate purpose of creating in the
mind of the person threatened,the
belief that the threat would be carried
into effect, the crime committed is
grave threats, and the minor crimes
which accompanied it should be
disregarded
NOTE: in grave threats, the offender does
not demand delivery on the spot of the
money or other personal property asked by
him
OTHERWISE:
it shall be treated as robbery with intimidation.
LIGHT THREATS
ART. 283
Any threat to commit a wrong not constituting a
crime, made in the manner expressed in
to destierro
subdivision 1 of the next preceding article,
shall be punished by arresto mayor.

129 of 205
ELEMENTS
1. that the offender makes a threat to commit
a wrong
2. that the wrong does not constitute a crime
3. that there is a demand for money or that
other condition is imposed, even though bot
unlawful
4. that the offender has attained his purpose
NOTE: light threats are committed in the
same manner as grave threats, exe that the
act threatened to be committed should not
be a crime (there must be a demand for
money or other condition is imposed
ie.
• blackmailing, threatening one with accusation
or exposure, unless the offended party gives
his 100k.
• pag walang demand for money or no
condition imposed, parang wala lang, trip nya
lang, if orally made, the act may fall under
art. 285 par. 3 (other light threats)
BOND FOR GOOD BEHAVIOR
ART. 284
In all cases falling within the two next
preceding articles, the person making the
threats may also be required to give bail not to
molest the person threatened, or if he shall fail
to give such bail, he shall be sentenced to
destierro.
2 INSTANCES WHERE A PERSON MAY BE
REQUIRED TO GIVE BAIL NOT TO MOLEST
ANOTHER
1. grave threats
2. light threats
CONTRA ART. 35 (BOND TO KEEP THE
PEACE)
• art. 284 applies only to grave threats and
light threats
• art. 35, should the offender fails to give bind,
he shall be detained for a period not
exceeding 6 months (if prosecuted for grave
or less grave felony) or not exceeding 30
days (if prosecuted for light felony)
while in art. 284; should the offender
fails to give bail, he shall be sentenced
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
OTHER LIGHT THREATS
right or wrong.
ART. 285
The penalty of arresto menor in its minimum
period or a fine not exceeding 200 pesos shall
be imposed upon:
1. Any person who, without being included in
the provisions of the next preceding article,
shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be
in lawful self-defense.
2. Any person who, in the heat of anger, shall
orally threaten another with some harm not
constituting a crime, and who by
subsequent acts show that he did not
right
persist in the idea involved in his threat,
provided that the circumstances of the
offense shall not bring it within the
provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do
another any harm not constituting a felony.
ACTS PUNISHED AS OTHER LIGHT
THREATS
1. by threatening another with a weapon, or
by drawing such weapon in a quarrel,
unless it be in lawful self-defense
2. by orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in his
threats
3. by orally threatening to do another any
harm not constituting a felony
ANG GULO NG JURISPRUDENCE, BASTA
IF MADE IN THE HEAT OF ANGER
- treat it as other light threats.
GRAVE COERCION
ART. 286
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
and/or casting his vote.
any person who, without authority of law, shall,
by means of violence, prevent another from
doing something not prohibited by law, or
compel him to do something against his will,
whether it be right or wrong.
If the coercion be committed for the purpose of
compelling another to perform any religious act
or to prevent him from so doing, the penalty
next higher in degree shall be imposed.
2 W AY S O F C O M M I T T I N G G R AV E
while subjecting another to his will.
COERCION
1. by preventing another, by means of
violence, threats or intimidation, from doing
something not prohibited by law
2. by compelling another, by means of
violence, threat or intimidation, to do
130 of 205
something against his will, whether it be
ELEMENTS
1. that the person prevented another from
doing something not prohibited by law, or
that he compelled him to do something
against his will, be it right or wrong.
2. that the prevention or compulsion be
effected by violence, threats or intimidation
3. that the person restrained the will and
liberty of another had not the authority of
law or the right to do so, or, in other words,
that the restraint shall not be made under
authority or in the exercise of any lawful
NOTE: what is prevented must not be
prohibited by law
- otherwise; no coercion
- ie. pinagbawalang patayin si Barbara.
NOTE: in grave coercion, the act of
preventing by force must be made at the
time the offended party was doing or about
to do the act to be prevented.
OTHERWISE: should the accused made the
threats, but the offended party ignored it and
does the act, and subsequently the accused
exerted violence on him
- the crime committed here is unjust vexation.
BASTA: treat it as unjust vexation
- if the violence is exerted after the act
was already done.
WHEN THE ACT OF PREVENTING
CONSTITUTE AS OTHER CRIME, NOT AS
GRAVE THREATS
• ART. 132 interruption of religious worship
• ART. 143 by force, prevents the meeting of a
legislative body
• ART. 145 by force or intimidation, prevents a
member of the congress from attending the
meetings thereof, expressing his opinions
COERCION; how committed
by unauthorized compelling of another person
against his will to do something, whether just
or unjust;
its essence being an attack in the
individual liberty.
NOTE: compelling another to do
something includes
- the offender's act of doing it himself
WHETHER IT BE RIGHT OR WRONG
IN ESSENCE; dito ipapasok yung maxim na
"no man is authorized to take the law into his
hands and enforce his rights with threats or
violence, exe in certain well-defined cases of
necessary defense of one life, liberty or prop.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ILLUSTRATION
a taxi driver who threatened to bump his car to
kill himself and his female passenger, if she
would not go with him to a night club, is guilty
of grave coercion.
- magulo lang kasi sa case na to, the female
passenger jumped out while the taxi was
running, fearing that the accused might
carryout his threats. the female passenger
here suffered slight physical injuries.
Q: absorbed ba yung slight physical
injuries, complexed or treated as a
NOTE:
separate crime?
same rules for threats and coercion
• that the crime is consummated from the
moment the intimidation came into the
knowledge of the offended party, which was
intended to control the will of the same.
purpose need not be accomplished
IN GRAVE COERCION; IF INTIMIDATION IS
EMPLOYED; it must be
that the intimidation shows violence
- hence, mere presence of armed men, without
any showing any active intimidation or if the
arms are not used
the intimidation does not results to
violence
- no material force displayed. equivalent to the value of the thing, but in no
HOWEVER
if done in a notoriously threatening
attitude (ie. surrounding the offended
party)
- amounts to grave coercion.
THE FORCE OR VIOLENCE MUST BE
IMMEDIATE, ACTUAL OR IMMINENT
ie. he was prevented from doing something or
was compelled to do something on the
instance of the force or violence employed by
the accused.
- hence, should he only performed the act a
day following the force or violence was
employed, it shall not be treated as grave
coercion, but may fall under grave threats
payment of the debt.
NOTE: without authority of law; the ff
justifies grave coercion
1. lawful exercise of authority/duty
2. lawful exercise of right
3. act in gf in the performance of his duty
RATION OF THE LAW IN PENALIZING
COERCION
to enforce the principle that no person may
take the law into his own hands, and that our
misrepresentation; ipapasok sya sa par. 2
government is one of law, not of men.
131 of 205
GRAVE COERCION CONTRA ILLEGAL
DETENTION
basta; if there is clear deprivation of liberty,
then it is illegal detention. pero should the
offended party has an opportunity to escape
but he cannot do so because of the threat of
the accused, or when he can go in and out of
the premises but compelled to return due to
existing threats, its is grave coercion. no
complete deprivation of liberty.
PRISION MAYOR SHALL BE IMPOSED
if coercion is committed
1. in violation of the exercise of the right of
suffrage
2. to compel another to perform any religious
act
3. to prevent another from performing any
religious act.
LIGHT COERCION
ART. 287
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 the debt, shall suffer the penalty of arresto
mayor in its minimum period and a fine
case less than 75 pesos.
Any other coercions or unjust vexations shall
be punished by arresto menor or a fine ranging
from 5 pesos to 200 pesos, or both.
ELEMENTS
1. that the offender must be a creditor
2. that he seizes anything belonging to his
debtor
3. t h a t t h e s e i z u r e o f t h e t h i n g b e
accomplished by means of violence or a
display of material force producing
intimidation
4. that the purpose is to apply the same to the
FIRST PAR
limited to a case where the offender seized
anything belonging to his debtor by means of
violence to apply he same to the payment of
debt
• actual physical violence need not be
employed
enough na ang grave intimidation.
• if the taking was done through deceit and
SECOND PAR
UNJUST VEXATION / OTHER LIGHT
COERCION
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
UNJUST VEXATION; defined
any human conduct which, although not
productive of some physical or material harm
would, however, unjustly annoy or vex an
innocent person.
TEST
whether the offender's act caused annoyance,
irritation, vexation, torment, distress, or
disturbance to the mind of the person to whom
it is directed
NOTE: in unjust vexation, there must be no
violence or intimidation (for intimidation; it
must be a serious threat amounting to
grave coercion)
- hence; pag ang sinabi lang, may masamang
mangyayayari sayo pag gawin mo to, is only
treated as unjust vexation.
note: kissing, without performing acts of
lasciviousness, in unjust vexation
OTHER SIMILAR COERCION
ART. 288
The penalty of arresto mayor or a fine ranging
from 200 to 500 pesos, or both, shall be
imposed upon any person, agent or officer, of
any association or corporation who shall force
of laborers or lockout of employers.
or compel, directly or indirectly, or shall
knowingly permit any laborer or employee
employed by him or by such firm or corporation
to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon
any person who shall pay the wages due a
laborer or employee employed by him, by
means of tokens or objects other than the legal
tender currency of the laborer or employee.
ACTS PUNISHED
1. by forcing or compelling, directly or
indirectly, or shall knowingly permit any
laborer or employee employed by him or by
such firm or corporation to be forced or
compelled, to purchase merchandise or
commodities of any kind.
2. by paying the wages due a laborer or
employee employed by him, by means of
tokens or objects other than the legal
tender currency of the laborer or employee.
IF THE EMPLOYER, INDUCES ITS
E M P L O Y E E B Y F O R C E , S T E A LT H ,
INTIMIDATION OR THREAT
- to give up any part of his wages
not coercion under RPC.
- punishable under Art. 116 of the Labor Code.
132 of 205
FORMATION, MAINTENANCE
AND PROHIBITION OF
COMBINATION OF CAPITAL OR
LABOR THROUGH
VIOLENCE / THREATS
ART. 289
The penalty of arresto mayor and a fine not
exceeding 300 pesos shall be imposed upon
any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital
or labor, strike of laborers or lock-out of
employees, shall employ violence or threats in
such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work, if the act
shall not constitute a more serious offense in
accordance with the provisions of this Code.
ELEMENTS
1. that the offender employ violence or threats
in such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work
2. that the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike
NOTE: the act should not constitute a more
serious offense
HENCE: should death or some serious
physical injuries are caused
- the act should be punished in accordance
with the other provisions of the RPC
THE FF SHALL FALL UNDER THE REALM
OF LABOR LAWS (ULP)
1. to interfere with, restrain or coerce
employees in the exercise of their right to
self organization
2. to require as a condition of employment
that a person or an employee shall not join
a labor organization or shall withdraw from
one to which he belongs
PENALTY
FINE: not less than 1k, not exceeding
10k
IMP: not less than 3 mos, nor more
than 3 years.
OR BOTH
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 THE AWESOME NOTES 133 of 205
CRIMINAL LAW
BOOK II

nung may ari nung sulat bago pa nya mabasa,

walang crime.
DISCOVERY AND REVELATION - same din kung chinese character yun, at
OF SECRETS

roman alphabet lang alam nya.

NOTE: prejudice to the offended party

DISCOVERY OF SECRETS

- not required

NOTE: in Art. 290, discovery of secrets

THROUGH SEIZURE OF alone consummates the crime.
- its subsequent revelation to 3rd persons only
CORRESPONDENCE qualifies the offense to a penalty higher in

ART. 290
degree.

ART. 290 DOES NOT APPLY TO

The penalty of prision correccional in its
minimum and medium periods and a fine not letters of minors (parents, guardians, or
exceeding 500 pesos shall be imposed upon persons entrusted with the custody of the
any private individual who in order to discover
the secrets of another, shall seize his papers
minor) and spouses

IF COMMITTED BY PUBLIC OFFICER IN

or letters and reveal the contents thereof.

If the offender shall not reveal such secrets,

THE PERFORMANCE OF THEIR DUTIES
ART. 230 applies
the penalty shall be arresto mayor and a fine - the secrets need not be contained in papers
not exceeding 500 pesos. or letters
- and consummates the offense only after its
The provision shall not be applicable to contents are revealed to 3rd persons.
parents, guardians, or persons entrusted with
the custody of minors with respect to the
papers or letters of the children or minors REVEALING OF SECRETS
placed under their care or study, nor to WITH ABUSE OF OFFICE
spouses with respect to the papers or letters of

either of them.

ELEMENTS
1. that the offender is a private individual, or a
public officer not in the exercise of his
official function
2. that he seizes the papers or letters of
another
3. that the purpose is to discover the secrets
of such another person
ART. 291
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
any manager, employee, or servant who, in
such capacity, shall learn the secrets of his
principal or master and shall reveal such
secrets.

ELEMENTS
4. that the offender is informed of the contents 1. that the offender is a manager, employee or
servant
of the papers or letters seized.

SEIZED; defined
2. that he learns the secrets of his principal or
master in such capacity
to place in the control of someone a thing, or

to give him the possession thereof.
3. that he reveals such secrets

NOTES:
HENCE: based from definition and • secrets must be learned in the course of their
elements employment
• damage to the principal is not required

- violence nor force is not required.
• revelation of the secrets is what
GF OR OPENING OF LETTER BY MISTAKE;
a good defense
- as based from the elements, it is necessary
consummates the offense

that the offender must have the intention to

discover the secrets of another in opening

letters.

NOTE: that said purpose must be coupled

with; the offender being likewise informed
of the contents of the letters
- hence, may intention to discover nga kaso
before nya basahin, binulsa nya, at nahuli sya

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 THE AWESOME NOTES 134 of 205
CRIMINAL LAW
BOOK II

REVELATION OF INDUSTRIAL
SECRETS

ART. 292
The penalty of prision correccional in its
minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon
the person in charge, employee or workman of
any manufacturing or industrial establishment
who, to the prejudice of the owner thereof,
shall reveal the secrets of the industry of the

latter.

ELEMENTS
1. that the offender is a person in charge,
employee or workman of a manufacturing
or industrial establishment
2. that the manufacturing or industrial
establishment has a secret of the industry
which the offender has learned
3. that the offender reveals such secrets

4. that prejudiced is caused to the owner

NOTES:
• the secrets must relate to manufacturing
process
• the revelation of secrets may be committed
even after the employee or workman had
ceased to be connected with the
establishment.

• prejudice is an essential element.

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 THE AWESOME NOTES 135 of 205
CRIMINAL LAW
BOOK II

TITLE TEN
CRIMES AGAINST ROBBERY
PROPERTY

THE FF ARE CRIMES AGAINST PROPERTY
WHO ARE GUILTY OF
1. robbery with violence against or intimidation ROBBERY
of persons
2. a t t e m p t e d a n d f r u s t r a t e d r o b b e r y ART. 293
committed under certain circumstances Any person who, with intent to gain, shall take
3. execution of deeds by means of violence or any personal property belonging to another, by
intimidation means of violence or intimidation of any
4. robbery in an inhabited house or public person, or using force upon anything shall be
building or edifice devoted for worship
5. robbery in an uninhabited place or in a
private building

guilty of robbery.

ROBBERY; defined
6. possession of picklocks or similar locks is the taking of personal property belonging to
7. brigandage another, with intent to gain,
8. aiding and abetting a band of brigands by means of
9. theft
• violence against or intimidation of
10. qualified theft any person (ART. 294, 297, 298); or
11. theft of the property of the Natl Library and
• using force upon anything (ART 299
National Museum.
12. occupation of real property or usurpation of
real rights in property
and 302)

ELEMENTS OF ROBBERY IN GENERAL

13. altering boundary or landmarks 1. that there be a personal property belonging
14. fraudulent insolvency to another
15. swindling 2. that there is unlawful taking of that property
16. other forms of swindling 3. that the taking must be with intent to gain
17. swindling a minor 4. that there is violence or intimidation of any
18. other deceits
19. removal, sale or pledge of mortgaged
property
person, or force upon anything.

IF THE SUBJECT OF THE OFFENSE IS A

20. destructive arson REAL PROPERTY
21. other forms of arson - the crime would fall under Art. 312
22. arson of property of small value
23. crimes involving destruction
24. burning one's own property as means to

(USURPATION)

NOTE: the offended party need not be the

commit arson owner of the property which was taken
25. setting fire to property exclusively owned by from him
the offender ENOUGH NA
26. malicious mischief that it was taken from him by means of threats
27. special cases of malicious mischief and violence, for the purpose of gain, on the
28. damage and obstruction to means of
communication
29. destroying or da,aging statues, public

part of the person appropriating it.

WHEN THE NAME OF THE OWNER OF THE

monuments or paintings
 THING IS ESSENTIAL FOR PROPER
PROSECUTION OF THE CRIME OF

ROBBERY

WHEN IT IS TO BE COMPLEXED WITH

HOMICIDE
- in lieu of the capital punishment attached, as
the law favors the accused. failure to do so,
the accused shall be charged only for the

crime of homicide/murder as the case may be.

BUT SAY ROBBERY WITH INTIMIDATION OR

VIOLENCE RESULTING ONLY TO PHYSICAL
INJURIES
- name of real owner is not essential so long as

the accused is not the owner thereof

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: prohibited article may be the subject
matter of robbery
THERE MUST BE UNLAWFUL TAKING
HENCE: should the thing was given to him for
safekeeping or by mistake, should the accused
took it as his own, regardless on whether there
is violence or intimidation, such cannot amount
to a crime of robbery.
- perhaps, ibang crime. which i'll find out later
HINGANG MALALIM
- pag public officer,
supposing, may search
warrant, nung inexecute nila,
may mga sinieze na items.
after seizure, PO1 Juan
misapproriated the 2M pesos
seized and opium
- the crime here is estafa or
malversation
pero, if what PO1 Juan did is
that he searched the house of
the offended party without any
warrant at all, and
misappropriated subsequently
whatever he was able to
seized (opium)
- the crime is robbery
dito kasi; it cannot be
said that he is in the
performance of his
public functions.
- and in absence of
such, the property
continues to be
private. as ownership
of the forbidden
articles passes to the
government only after
legal seizure
GIST:
basta, if the unlawful taking was made
only after lawful seizure, the crime is
either estafa or malversation, and
cannot be deemed as robbery.
BREATH OUT
UNLAWFUL TAKING; when complete
FOR ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSON
- from the moment the offender gains
possession of the thing
regardless on: won the accused had
opportunity to dispose of the same
FOR ROBBERY WITH FORCE UPON
THINGS
- from the moment the thing was taken out of
the bldg
136 of 205
TAKING; defined
as an element of the crime of robbery
- depriving the offended party of ownership of
the thing taken with the character of
permanency
PERO: supposing, tinutikan nya ng baril after
mag declare ng holdup, kaso nadakip sya
bago paman maka kuha ng pera sa mga
victims nya
- the crime committed here is only grave
threats
NOTE : if the nature of the taking is not to
deprive the owner thereof with permanency,
- no crime of robbery. kahit na ginamitan nya
pa ng force yung pag kuha
INTENT TO GAIN
GEN RULE: presumed, from the unlawful
taking of personal property belonging to
another
NOTE: as an essential element of robbery
- hence, if the taking is based on a claim of title
being asserted in gf, one cannot be held liable
of robbery, as intent to gain is lacking.
also, still at issue as to whether the
thing belongs to another
- if absent, the crime committed, at most, is
grave coercion, if there is violence used.
VIOLENCE / INTIMIDATION
IN RE: VIOLENCE
must be employed on the person and
not on the thing
- hence, suposing nilaslas nya yung
bag kaya nya nakuha yung wallet, the
crime here is theft. the violence was
not directed upon the person to make
the offense as a robbery.
pero this shall be treated as
robbery when:
- after makuha, saktong nakita
ni may ari yung kamay sabay
hinablot nya, at nag suntukan
sila, at nakatakas si accused;
as violence is present
(provided: before the taking is
complete)
- after nyang mang snatch,
pinush nya yung victim sa
elevator para di na makapang
laban
IN RE: INTIMIDATION
is not limited to threat of bodily harm.
pwedeng as a form of blackmailing.
- basta; such is sufficient to cause fear
or fright of the victims.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: violence or intimidation must
be present before the taking of
ROBBERY WITH VIOLENCE AGAINST OR
personal property is complete
NOTE: for intimidation
- the taking of personal
property need not be
immediately after the
IF NOT
intimidation
- the crime committed is theft, and the
violence or intimidation may constitute
as a separate crime, either as physical
injury or threats.
EXE: WHEN EVEN THOUGH THE
VIOLENCE WAS EMPLOYED AFTER
THE TAKING IS COMPLETE,
it is to be complexed with robbery
(special complex crime):
- when the violence results in
1. homicide
2. rape
3. intentional mutilation; or
4. any of the serious physical injuries
penalized in par 1 and 2 of Art.
263
NOTE: no such animal as theft and
homicide
USING FORCE UPON ANYTHING
in here, the law requires that the accused used
force to gain entry on a house or building.
- hence, kung binasag nya jalousie, pero di sya
pumasok ng bahay, yung kamay lang yung
pinasok nya sa bahay, the crime here is not
robbery.
ENTRANCE INTO THE BUILDING THROUGH
FORCE, IT MUST BE EFFECTED BY
• breaking
1. doors
2. wardrobes
3. chests; or
4. any other kind of locked or sealed
furniture or receptacles inside the bldg
• force them open outside after taking the
same from the building.
NOTE:
pag motor vehicle; the crime is Carnapping
under RA 6539
amended by R. A. 18).
137 of 205
INTIMIDATION OF PERSONS
ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION
OF PERSONS
ART. 294
Any person guilty of robbery with the use of
violence against or intimidation of any person
shall suffer:
1. The penalty of reclusion perpetua to death,
when by reason or on occasion of the
robbery, the crime of homicide shall have
been committed.
2. The penalty of reclusion temporal in its
medium period to reclusion perpetua when
the robbery shall have been accompanied
by rape or intentional mutilation, or if by
reason or on occasion of such robbery, any
of the physical injuries penalized in
subdivision 1 of Article 263 shall have been
inflicted; Provided, however, that when the
robbery accompanied with rape is
committed with a use of a deadly weapon
or by two or more persons, the penalty shall
be reclusion perpetua to death (As
amended by PD No. 767).
3. The penalty of reclusion temporal, when by
reason or on occasion of the robbery, any
of the physical injuries penalized in
subdivision 2 of the article mentioned in the
next preceding paragraph, shall have been
inflicted.
4. The penalty of prision mayor in its
maximum period to reclusion temporal in its
me d i u m p e ri o d , i f th e vi o l e n ce o r
intimidation employed in the commission of
the robbery shall have been carried to a
degree clearly unnecessary for the
commission of the crime, or when the
course of its execution, the offender shall
have inflicted upon any person not
responsible for its commission any of the
physical injuries covered by sub-divisions 3
and 4 of said Article 23.
5. The penalty of prision correccional in its
maximum period to prision mayor in its
medium period in other cases. (As
ACTS PUNISHED AS ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
1. by reason or on occasion or robbery, the
crime of homicide is committed
2. is accompanied by rape or intentional
mutilation or arson
3. by reason or on occasion of robbery, any of
the physical injuries resulting in insanity,
imbecility, impotency, or blindness is
inflicted
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
4. by such physical injuries inflicted, resulted
in the loss of the use of speech or the
power to hear or to smell, or the loss of an
eye, a hand, a foot, an arm, or a leg or the
loss of the use of any such member or
incapacity for the work in which the injured
person us theretofore habitually engaged is
inflicted.
5. if the violence or intimidation employed in
the commission of the robbery is carried to
a degree clearly unnecessary for the
commission of the crime.
6. when in the course of its execution, the
offender shall have inflicted upon any
person not responsible for the commission
of the robbery any of the physical injuries in
consequence of which the person injured
becomes deformed or loses any other
member of his body or loses the use
thereof or becomes ill or incapacitated for
more than 90 days or the person injured
becomes ill or incapacitated for labor for
more than 30 days
7. if the violence employed by the offender
does not cause any of the serious physical
injuries defined in art. 263, or if the offender
employes intimidation only.
NOTE: the crime defined in this article is a
special complex crime
WHEN NO COMPLEXION OF OFFENSE
SHALL TRANSPIRE
robbery and homicide shall be treated as a
separate and distinct offense when
- homicide was not committed
• on the occasion; or
• by reason
= of the robbery
ie. pinatay yung victim due to a long
standing grudge. after the killing, was
the only time the accused robbed his
victim.
- separate crime of murder and
robbery
- pero kung intention ni accused is to
exact revenge and at the same time
robbed the victim, he is liable for
special complex crime.
RULE FOR COMPLEXION
(robbery with homicide)
AS A SPECIAL COMPLEX CRIME
when the original design of the accused is to
rob his victim, and the homicide is perpetrated
with the view to the consummation of robbery
- regardless on: won which of the two
(act of robbing or killing the victim)
precedes the other.
further presupposes that
- intent to gain is already present
before the killing.
138 of 205
with the view to the consummation of
robbery
when the killing was committed in
order to
• eliminate an obstacle to the
commission of robbery
• remove opposition or to suppress
evidence
• defend possession of stolen goods
• to ensure his escape
ie; pinatay ni accused yung victim,
after a sufficient amount of time had
lapse from the robbery, due to his fear
that the victim might have recognized
him
homicides or murders and physical injuries,
irrespective of the numbers, committed on
occasion or by reason of the robbery,
- are merged in the composite crime of robbery
with homicide.
physical injuries are absorbed
NOTE: homicide here comprehends
parricide and murder
NOTE: no such animal as special complex
crime of robbery with homicide in band
with double homicide and/or serious, less
serious or slight physical injuries
BASTA: robbery with homicide lang, if pag
present yung band, treat is as a generic
aggravating circumstance
NOTE: no such animal as robbery with
murder
- the treachery here shall be treated as a
generic aggravating circumstance.
NOTE: in robbery with homicide, it is
immaterial as to who was killed on
occasion of the robbery. may it be the
victim of the robbery, an innocent by-
stander, or even one of the co-accused.
NOTE: in robbery with homicide, both must
first be proved.
hence, if robbery is not proved, accused can
be charged only for the crime of homicide. vise
versa.
PENALTY FOR PERSON CHARGED AS
ACCESSORY TO ROBBERY WITH
HOMICIDE
MAGULO!!!
eto ang premise
• if the accessory had only knowledge of
robbery, and did not took part in the killing,
he is only liable for robbery. 2 degrees lower
by virtue of Art. 53 rpc.
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
• e what if accessory talaga sya sa robbery w/
homicide, since fixed penalty ang robbery w/
homicide, di rin pwede i apply ang art. 53? ?!
ROBBERY WITH HOMICIDE CONTRA
HIGHWAY ROBBERY
HIGHWAY ROBBERY REQUIRES
proof that several accused were organized for
the purpose of committing indiscriminately
- if such is established and homicide was
committed on occasion thereof, the offense
shall fall under PD 532
and shall not be treated as a special
complex crime of robbery with
homicide.
ROBBERY WITH RAPE
RULE: when complexed:
the offender must have the intent to take the
personal property belonging to another
with intent to gain,
and such intent must precede the rape.
NOTE: not essential that the act of rape be
committed in the same place where the
robbery took place
- basta, always go back to the rule, whether
the intention of the accused to rob the victim
preceded bago paman sila katihan.
regardless kung anu yung na una,
yung pang nanakaw ba o yung kati hihi
HOWEVER!
rape shall be deemed as a separate
offense; when
- the rape was committed in a house
other than that where the robbery is
committed.
HENCE:
kung sa damuhan lang ginahasa ni
accused si victim, special complex
sya. pero kung inuwi ni accused si
voctim after the robbery and he
brought her in his home where he
perpetuated the rape, separate crime
na sya.
NOTE: no such animal as robbery with
attempted rape
- as either of which cannot serve as a
necessary means to consummate the other.
NOTE: additional raps committed on the
same occasion of robbery will not increase
the penalty
- ang problema sa batas. the law does not
provide for a higher penalty should this
circumstance be present. furthermore, ff liberal
interpretation. tsk tsk.
- congresso ang may sala!!!
NOTE: kung pervert lang talaga yung rapist.
halimbawa, after nyang repain yung victim,
ninakaw nya panty,
139 of 205
- rape talaga. walang theft or robbery here
haha. intent to gain kasi is lacking
ROBBERY + RAPE + HOMICIDE
the crime committed here is:
ROBBERY WITH HOMICIDE
- the rape shall be considered as an
aggravating circumstance only
ROBBERY WITH SERIOUS PHYSICAL
INJURIES
REQ: the nature of the physical injuries
inflicted must fall within Art. 263 par. 1
xxx injured person shall become
insane, imbecile, impotent, or blind;
OTHERWISE;
xxx
ie. lose of hearing lang, which would fall on the
2nd par. of Art. 263, the crime committed is
- Robbery only
- robbery under Art. 294 par. 3 (kaso sa
jurisprudence, People vs Luncay being
contrary to earlier ruling in People vs
Hernandez, parang naging stray provision na
yung par. 3. as ang inapply ay yung par 4)
ROBBERY WITH UNNECESSARY
VIOLENCE AND INTIMIDATION
NOTE: the unnecessary violence or
intimidation need not result to serious physical
injuries.
- the robbery here would fall under Art. 294
par. 4
NOTE: if the violence or intimidation employed
was necessary in the commission of the crime
of robbery
- art. 294 par. 4 will not apply.
PAR. 2 ART. 294 PAR. 4 ART. 294
covers physical injuries
mentioned in art. 263 par.
1
covers physical injuries
covered by art. 263 par. 3
and 4
always complexed with the physical injuries must
robbery, even if inflicted to be inflicted
his co-robber - upon any person not
responsible for its
commission
OTHERWISE
if inflicted sa co-accused,
the physical injuries is to
be treated as a separate
offense from robbery
if inflicted after the taking
is already complete,
- considered as a separate
offense.
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 THE AWESOME NOTES 140 of 205
CRIMINAL LAW
BOOK II

ROBBERY WITH THE USE OF VIOLENCE

ROBBERY BRIBERY
AGAINST OR INTIMIDATION OF ANY
PERSON
art. 294 par. 5 the victim here did the victim here may

aka: SIMPLE ROBBERY

IN HERE
not commit a crime have committed a
crime, should he
give money in order
the violence against any person does not to acquire certain
result in homicide, rape, intentional mutilation, benefits (ie. release
or any of the serious physical injuries defined from prison)
in art. 263 (less serious lang or light physical
injury lang) note: the offense would be considered as
- which may give rise to a special complex robbery when the victim give something to a

crime.

ie of violence here
- mere pushing, nadapa, nag karoon
ng galos.
- note: pag swabe talaga yung
mangnanakaw na walang
naramdaman yung victim, it follows
that no violence was likewise
employed. as such, at most, the crime
public officer when he did not commit any
crime at all.
- ie. kumuha ng 1k worth na yellow fin pulis,
at pinag bantaan si tindera ng isda na pag
di sya pumayag, ipapadampot sya at
iiexplain kung san nang galing yung isadang
galing sa dinamita. when in fact, yung isda,
sealed packed sya imported from alaska.
walang crime na kinommit si tinedera at
hinayaan nya nlng si pulis.

committed is only theft.

ie of intimidation
- the crime here is robbery

the victim here is the victim here

- pointing a gun/ other deadly weapon deprived of money parted with his
- threatening to kill the victim should he or property money or property

refused to give his money.

REQ FOR INTIMIDATION

- by force of by
intimidation
- in the sense,
voluntarily

the act of the accused which, either by their

own nature or by reason if the circumstances
under which they are executed ROBBERY WITH PHYSICAL
- inspire fear in the person agains whom they INJURIES, COMMITTED
are directed
- and such continue to operate on the mind of > IN AN UNINHABITED PLACE
the victim at the time of the delivery of the AND BY A BAND, OR

money.

IN RE: NATURE OF THE INTIMIDATION

> WITH THE USEOF FIREARM
ON A STREET, ROAD / ALLEY
ROBBERY THREAT TO
EXTORT MONEY ART. 295
If the offenses mentioned in subdivisions three,
actual and conditional or future four, and five of the next preceding article shall
immediate have been committed in an uninhabited place
or by a band, or by attacking a moving train,
personal through intermediary street car, motor vehicle or airship, or by
entering the passenger's compartments in a
train or, in any manner, taking the passengers
directed only to the may refer to person, thereof by surprise in the respective
person of the victim honor or property of conveyances, or on a street, road, highway, or
the offended party or alley, and the intimidation is made with the use
that of his family of a firearm, the offender shall be punished by
gain of the culprit is
immediate
the gain here of the
culprit is not

the maximum period of the proper penalties.

In the same cases, the penalty next higher in

immediate degree shall be imposed upon the leader of

ROBBERY CONTRA GRAVE COERION
the band.

while both employes violence, only in robbery

that intent to gain is an element. while in grave
coercion, the intention of the offender is to
compel another to do something against his
will, without the authority of law

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 THE AWESOME NOTES 141 of 205
CRIMINAL LAW
BOOK II

ROBBERY UNDER PAR. 3-5 OF ART. 294 IS

QUALIFIED WHEN: DEFINITION OF A BAND &
it is committed
1. in an uninhabited place PENALTY INCURRED BY THE
2. by a band MEMBERS THEREOF
3. by attacking a moving train, street car,
motor vehicle or airship
ART. 296
4. by entering the passenger's compartments
When more than three armed malefactors take
in a train, or in any manner taking the
part in the commission of a robbery, it shall be
passengers thereof by surprise in the
deemed to have been committed by a band.
respective conveyances
When any of the arms used in the commission
5. on a street, road, highways or alleys, and
of the offense be an unlicensed firearm, the
the intimidation is made with the use of
penalty to be imposed upon all the malefactors
firearms,

> the offender shall be punished by he

shall be the maximum of the corresponding
penalty provided by law, without prejudice of
the criminal liability for illegal possession of
maximum periods of the proper penalties

prescribed in art. 294

such unlicensed firearms.

Any member of a band who is present at the

KINDS OF ROBBERY commission of a robbery by the band, shall be
CONTEMPLATED punished as principal of any of the assaults
1. simple robbery committed by the band, unless it be shown that
2. robbery with unnecessary violence
or intimidation
3. robbery with physical injuries

he attempted to prevent the same.

BAND; defined
(physical injuries as classified in when at least 4 armed malefactors take part in

art. 263 par. 3-4) (o sama pa par.
2)
the commission of a crime (robbery)

NOTE: deemed armed na even by

REQ: IN ORDER TO BE APPRECIATED IN
THE IMPOSITION OF PENALTY using clubs

- must be alleged in the information.

NATURE:
WHEN AN UNLICENSED FIREARM IS USED
IN THE COMMISSION OF ROBBERY
the maximum penalty shall be imposed upon
qualifying aggravating
- hence; cannot be offset by a generic
mitigating circumstance

all of the malefactors.

THIS IS WITHOUT PREJUDICE TO

- if two or more are present, only one shall - criminal liability for illegal possession
qualify the offense, and the reset shall be thereof

treated as a generic aggravating.

NOTE: in use of firearms, to be treated as a

(QUERY: hindi ba absorbed to
ordinarily?)

qualifying aggravating circumstance QUERY:

- such must be used on a street, road, diba kung by band na qualified na

highways, or alleys.

OTHERWISE:
yung offense. so what's the sense of
imposing maximum penalty for use of
unlicensed fiream? diba it is more

Treated only as generic aggravating relevant only for the imposition of
separate penalty/crime to the one who
ART. 295 DOES NOT APPLY TO ROBBERY
MENTIONED IN ART. 294 PAR. 1-2
1. robbery with homicide

used it?

NOTE:
2. robbery with rape or intentional mutilation, this does jot apply to robbery with
or arson homicide by band,
3. robbery with serious physical injuries - as again, art. 295 does not appy to

( r e s u l t i n g i n t h e i n s a n i t y,
imbecility,impotency or blindness)

Art. 294 par. 1-2

RATION: art. 295 did not mentioned the 3.

PEOPLE VS DAMASO

- treat it as generic aggravating

QUERY: diba kasi fixed penalty pag

soecial complex crime. so useless din
yung mga period period diba?

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 THE AWESOME NOTES 142 of 205
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BOOK II

LIABILITY OF ALL THOSE PRESENT AT

THE COMMISSION OF THE ROBBERY

GEN RULE:
Q: A, B, C, and D, all agreed to rob E. all
armed, they went to the house of E, where
they robbed her. in the course of the robbery, A

all shall be treated as principal to the crime

EXE:
dragged E out of the house, where he raped
her, unknown and while BCD continued
robbing the house. Can BCD be likewise be
it is shown that one has attempted to prevent held liable for robbery with homicide?
the same

- proof is required
A: NO.

REQUISITES
for a member of a band be held liable for
any of the assaults committed by the other
members:
1. that he was a member of the band
2. that he was present at the commission of a
robbery by that band
3. that the other members of the band
ANG PANGULO:
Reyes' Note:
the members of the band liable for the
assault must be present at the
commission of the robbery, not
necessarily at the commission of the
assault.

ETO PA YUNG PANGULO!!!

committed an assault; and PEOPLE VS MORADOS 70 Phil 558
4. that he did not attempt to prevent the dito, A, B, C, D agreed to rob E. it was

assault.

NOTE: if robbery is not by band

- the assault committed by a co-accused
cannot hold the other who did not took part on
it.
HENCE:
supposing A and B agreed to rob C,
which they did. this was their only
agreement. however, during the
robbing, B killed C.
- in this instance, A is only criminally
complex crime not governed by art. 48
agreed that A and B shall take the
carabao, and C and D shall go to the
owner's hut. while A and B was untying
the carabao, they heard a gunshot
from the hut. fearing that it might
summon help, they left the untied
carabao and run. C and D killed the
owner.
- ang ruling dito, all liable for attempted
robbery with homicide, a special

NOTE: no such animal as Robbery with

liable for the crime of robbery, while B, Homicide in Band
is criminally liale for complex crime of as the Band, shall be treated as an ordinary

robbery with homicide

but supposing it was agreed that they

aggravating circumstance


would kill C after robbing him,

- in here, conspiracy is present, and
the maxim "act of one is the act of all"

will apply.

NOTE: proof of conspiracy is not

necessary when 4 or more armed

persons committed robbery

ANY MEMBER OF A BAND WHO IS

PRESENT AT THE COMMISSION OF A

CRIME OF A ROBBERY BY THE BAND

NOTE:
the member who was present shall be also
liable for the assault committed by his

co-accused.

Q: A, induced B, C, D, & E to commit robbery

by band, which the group did. they only agreed
to rob F. in the course of the robbery, F died.
Can A, who is a principal by inducement, be
held liable for complex crime of robbery with
homicide?
A: no. unless of course he also ordered for the
killing of F.

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ATTEMPTED & FRUSTRATED
ROBBERY COMMITTED
UNDER CERTAIN
CIRCUMSTANCES
ART. 297
When by reason or on occasion of an
attempted or frustrated robbery a homicide is
committed, the person guilty of such offenses
shall be punished by reclusion temporal in its
maximum period to reclusion perpetua, unless
the homicide committed shall deserve a higher
penalty under the provisions of this Code.
HOMICIDE HERE IS USED IN ITS GENERIC
TERM
WHICH IS TO INCLUDE:
multiple homicides, murder, parricide, or even
infanticide
PENALTY WHEN HOMICIDE IS COMMITTED
DURING THE ROBBERY (FRUSTRATED/
ATTEMPTED)
fixed penalty of reclusion temporal max period
to rp
UNLESS: the homicide committed shall
deserve a higher penalty.
Hence; kung parricide yung na
commit, the corresponding penalty for
parricide shall be imposed.
- or, if treachery is present,the penalty
for murder shall be imposed.
PERO; IF NO HOMICIDE INVOLVED,
WHETHER CONSUMMATED, FRUSTRATED
OR ATTEMPTED. ROBBERY LANG AS IS
COMMITTED BY BAND
ART. 48 applies.
NOTE: for art. 297 to apply for attempted
robbery
- there must be an overt act.
OTHERWISE:
walang robbery.
So, if A, only pushed a victim, while B
shot another causing mortal wounds,
and C killing another.
- A can only be liable for physical
injuries, while B for frustrated murder
and C for murder.
143 of 205
EXECUTION OF DEEDS BY
MEANS OF VIOLENCE OR
INTIMIDATION
ART. 298
Any person who, with intent to defraud
another, by means of violence or intimidation,
shall compel him to sign, execute or deliver
any public instrument or documents, shall be
held guilty of robbery and punished by the
penalties respectively prescribed in this
Chapter.
ELEMENTS
1. that the offender has intent to defraud
another
2. that the offender compels him to sign,
executed, or deliver any public instrument
or document
3. that the compulsion is by means of violence
or intimidation
SHALL BE HELD GUILTY OF ROBBERY
AND PUNISHED BY THE PENALTIES
RESPECTIVELY PRESCRIBED IN THIS
CHAPTER
HENCE: if the violence used in the execution
of the deed resulted to homicide
- the corresponding penalty for robbery with
homicide shall be imposed.
NOTE: the document here need not be
public
- this article applied even if the document
executed is a private or commercial one.
ART. 298 DOES NOT APPLY IF THE
DOCUMENT IS VOID
IF SUCH:
the accused shall be held liable for homicide or
physical injuries for violence used, or grave
threat for intimidation, as the case may be.
NOTE: never grave coercion
- as intent to gain is present, which does not
apply to the latter.
- hence; if the intimidation is due to a legally
demandable obligation, grave coercion lang.
as there is no intent to defraud. 

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
ROBBERY BY THE USE OF FORCE UPON
THINGS
COMMITTED WHEN THE OFFENDER
1. entered a house or bldg by any of the
means specified in art. 299; or
2. even if there was no entrance by any of
those means, he broke a wardrobe, chest,
or any other kind of locked or closed or
sealed furniture or receptacles in the house
or building, or he took it away to be broken
or forced open outside.
NOTE: if the force is directed upon the
victim, art. 294 will apply.
ROBBERY IN AN INHABITED
HOUSE OR PULIC BUILDING
OR EDIFICE DEVOTED FOR
WORSHIP
ART. 299
Any armed person who shall commit robbery in
an inhabited house or public building or edifice
devoted to religious worship, shall be punished
by reclusion temporal, if the value of the
property taken shall exceed 250 pesos, and if:
(a) The malefactors shall enter the house or
building in which the robbery was committed,
by any of the following means:
1. Through a opening not intended for
entrance or egress.
2. By breaking any wall, roof, or floor or
breaking any door or window.
3. By using false keys, picklocks or
similar tools.
4. By using any fictitious name or
pretending the exercise of public
Or if —
authority.
(b) The robbery be committed under any of the
following circumstances:
1. By the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle;
2. By taking such furniture or objects to
be broken or forced open outside the
place of the robbery.
When the offenders do not carry arms, and the
value of the property taken exceeds 250
pesos, the penalty next lower in degree shall
be imposed.
The same rule shall be applied when the
offenders are armed, but the value of the
property taken does not exceed 250 pesos.
When said offenders do not carry arms and the
value of the property taken does not exceed
144 of 205
250 pesos, they shall suffer the penalty
prescribed in the two next preceding
paragraphs, in its minimum period.
If the robbery be committed in one of the
dependencies of an inhabited house, public
building, or building dedicated to religious
worship, the penalties next lower in degree
than those prescribed in this article shall be
imposed.
> ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION (a)
ELEMENTS
1. the offender entered
• an inhabited house
• a public bldg; or
• edifice devoted to religious worship
2. that the entrance was effected by any of the
ff means:
a. through an opening not intended for
entrance or egress
b. by breaking any wall, roof, or floor, or
breaking any door or window
c. by using false keys, picklocks or similar
tools; or
d. by using any fictitious name or
pretending the exercise of public
authority
3. that one inside the bldg, the offender took
personal property belonging to another with
intent to gain.
NOTE: entry is essential
kung kamay lang, inabot nya lang yung kamay
nya sa jalousie, opening of the house, from
outside
- theft lang ang crime.
kung na dakip sa while still trying to
break the jalousie
- at most, attempted trespass lang.
DITO
he cannot be charged for
attempted robbery as
- there still remain sufficient
indication of the existence of
an intention different from
committing robbery.
NOTE: since entry is essential element
here, there must be corresponding proof to
it.
NOTE: inhabited house
so kung pumasok sya sa garage at ninakaw
yung jack
- theft lang. kasi a garage is not a house.
PUBLIC BLDG
every bldg owned by the govt or belonging to a
private person but used or rented by the
government, although temporarily unoccupied
by the same.
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 THE AWESOME NOTES 145 of 205
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although temporarily unoccupied by NOTE: THE FALSE KEY MUST BE STOLEN

the govt FROM THE OWNER, AND NOT TAKEN BY
ie. burnt edifice which is being
reserved by the govt for future use,
title of which belongs to the state

FORCE / INTIMIDATION

HENCE: should the accused threaten

- what makes the burnt edifice still as the victim to give the keys to his
govt bldg is not the reservation made, house, and after the victim complied
but the title which the govt still for fear,the accused went to the

holds over it.

THE FF MEANS OF ENTRY UNDER ART.

victim's house and rob the same
- the crime committed is robbery with
intimidation of person under Art. 294

299 PAR. A

I. THROUGH AN OPENING NOT INTENDED

par. 5.

NOTE: the false key or picklocks or other

FOR ENTRANCE OR EGRESS similar tools must be used to gain entry on the

ie. pumasok sa ventilation

NOTE: the whole body of the culprit must be

bldg.

HENCE: if used to open wardrobe,

inside the bldg to constitute entering locked receptacles, drawers or inside
door
II. BY BREAKING ANY WALL, ROOF, OR
FLOOR, OR BREAKING ANY DOOR OR
- theft lang yung crime.

WINDOW

BREAKING; defined
EXE: they used it to a room which is
being rented (separate dwelling place
of a person) by another
for this provision, this means entering the
building.
- the force used in this means must be actual,

- robbery na ang crime?

IV. THE USE OF FICTITIOUS NAME OR THE

as distinguished from constructive.

WALL /DOORS/WINDOWS CONTEMPLATED

ACT OF PRETENDING TO EXERCISE

AUTHORITY

the outside wall, and not the wall/s inside the

house.

NOTE: dapat ginawa to to gain entry.

HENCE: if pinapasok sila before the

EXE: accused could fictitiously introduce
if a room is occupied by a person as himself
his separate dwelling - anu ang crime?
- the breaking of which constitute as - to complicate; walang uniform si

robbery. accused to reprsent what he was
supposed to represent. unlike in

ie: may boarder.

ENTRY THROUGH DOORS

People vs. Urbano.

pwede kaya, na robbery parin,

REQ: that there must be force employed.

hence; mere removal of the hook or

kasi syempre, mag dedeclare
syang mang nanakaw sya, at
in the curse of it, definitely,
hinge, would not constitute robbery. violence or intimidation shall
theft lang.

- as the law requires "breaking." be used... diba? diba.

III. BY USUING FALSE KEYS, PICKLOCKS

OR SIMILAR TOOLS

FALSE KEYS; defined

are genuine keys stolen from the owner or any
keys other than those intended by the owner
for use in the lock forcibly opened by the

offender.

PICKLOCKS / SIMILAR TOOLS; defined

those specially adopted to the commission of
the crime.


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> ROBBERY WITH FORCE UPON THINGS ART. 299 IS QUALIFIED WHEN COMMITTED

UNDER ART. 299 PAR. B

ELEMENTS
BY BAND

maximum period shall be imposed

1. that the offender is inside a dwelling house, REQ: the inhabited house, public bldg or
public bldg, or edifice devoted to religious edifice devoted to religious worship MUST be
worship, regardless of the circumstances located in an uninhabited place (art. 300)
under which he entered it.
2. that the offender takes personal property
belonging to another, with intent to gain, DEFINITION OF AN INHABITED
under any of the ff circumstances:

a. by the breaking of doors, wardrobes,

HOUSE, PUBLIC BLDG, OR
BLDG DEDICATED TO
chests, or any other kind of locked or RELIGIOUS WORSHIP AND
sealed furniture or receptacles
b. by taking such furniture or objects THEIR DEPENDENCIES
away to be broken or forced open

outside the place of the robbery

DOORS CONTEMPLATED HERE

doors, lids or opening sheets of furniture or
other portable receptacles
ART. 301
Inhabited house means any shelter, ship or
vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof
shall temporarily be absent therefrom when the

robbery is committed.

NOT: inside doors of house or building.

xxx TAKING A FURNITURE OR OBJECT

AWAY TO BE BROKEN xxx
THE LAW DOES NOT REQUIRE
that the same be actually opened
- the law only indicate the object of the
accused in the taking, and does not speak of
the actual opening of the object.
All interior courts, corrals, waterhouses,
granaries, barns, coach-houses, stables or
other departments or inclosed places
contiguous to the building or edifice, having an
interior entrance connected therewith, and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public
building or building dedicated to religious

Q: supposing an owner entrusted a

worship. (DEPENDENCIES)

Orchards and other lands used for cultivation

receptacle to the accused, which the latter
or production are not included in the terms of
forcibly opened the same and took its the next preceding paragraph, even if closed,
contents. what is the crime committed? contiguous to the building and having direct
A: theft or estafa
- cannot be deemed as robbery, as neither the
offense can be said to have been committed

connection therewith.

The term "public building" includes every

within the house of the victim, nor the object building owned by the Government or

taken out from the same. belonging to a private person not included
used or rented by the Government, although
GREATER PENALTY SHALL BE IMPOSED
AGAINST THE ACCUSED WHO WAS
ARMED IN ROBBERY WITH FORCE UPON

temporarily unoccupied by the same.

ROBBERY IN SUNKEN SHIP

THINGS SUNKEN SHIP
- since ship is covered by the rem inhabited
NOTE: a bolo is not an arm when used by a

servant to open a trunk in his master's house
house.

PROVIDED:
NOTE: the arm must not be used to intimidate the sunken ship is still not yet

OTHERWISE:
the robbery shall fall under Art. 294
abandoned.

PWEDENG ROBBERY KASI

NOTE: same penalty shall be imposed to those - supposing they broken the reinforced

co-accused who are unarmed.

RATION WHY HEAVIER PENALTY IS

iron straps to get the cargoes.

A HOUSE IS STILL INHABITED EVEN IF

IMPOSED FOR ROBBERY IN A DWELLING
HOUSE THAN THOSE COMMITTED IN
THE OCCUPANT WAS ABSENT

UNINHABITED PLACE
because of the possibility that the inhabitants


in the former might suffer bodily harm during
the commission of the robbery.


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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
REQUISITES TO BE DEEMED
DEPENDENCIES
1. must be contagious to the bldg
2. must have an interior entrance connected
therewith
3. must firm part of the whole.
HENCE:
a garage may or may not be a
dependency
ie: separated ng garden, di na. pero
kung attached sa bahay, oo,
NOTE: orchards and lands used for
cultivation, not dependencies.
ROBBERY IN AN
UNINHABITED PLACE OR IN A
PRIVATE BLDG
ART. 302
Any robbery committed in an uninhabited place
or in a building other than those mentioned in
the first paragraph of Article 299, if the value of
the property taken exceeds 250 pesos, shall
be punished by prision correccional if any of
the following circumstances is present:
1. If the entrance has been effected through
any opening not intended for entrance or
egress.
2. If any wall, roof, flour or outside door or
window has been broken.
3. If the entrance has been effected through
the use of false keys, picklocks or other
similar tools.
4. If any door, wardrobe, chest or by sealed or
closed furniture or receptacle has been
broken.
5. If any closed or sealed receptacle, as
mentioned in the preceding paragraph, has
been removed even if the same to broken
open elsewhere.
When the value of the property takes does not
exceed 250 pesos, the penalty next lower in
degree shall be imposed.
In the cases specified in Articles 294, 295, 297,
299, 300, and 302 of this Code, when the
property taken is mail matter or large cattle, the
offender shall suffer the penalties next higher
inhabited house
in degree than those provided in said articles.
NOTE: FOR LAST PARAGRAPH
only covers mail matter or large cattle
- motor vehicles, coconuts and fish in a
fishpond is not included.
hence: if the accused breaks the door
of a warehouse and took a car
NOTE: pigsty is not deemed a bldg.
- the penalty is NOT one degree higher
 HENCE: for #4-5; entrance is not required
147 of 205
ELEMENTS
1. the offender entered an uninhabited
place or a bldg which was not a
dwelling house, not a public bldg, or
not an edifice devoted to religious
worship
2. that any of the ff circumstances was
present
a. the entrance was effected through an
opening not intended for entrance or
egress
b. a wall, roof, or floor, or breaking any
door or window was broken
c. entrance was effected through the use
of false keys, picklocks or similar tools;
or
d. a door, wardrobe, chest, or any sealed
or closed furniture or receptacles was
broken
e. a closed or sealed receptacle was
removed, even if the same be broken
open elsewhere.
3. that with intent to gain, the offender took
therefrom personal property belonging to
another
THE UNINHABITED PLACE REFERRED
HERE
- in an uninhabited bldg.
hence; if committed in a warehouse, it
is deemed robbery as it is committed
in an uninhabited place.
FOR ART. 302; THE BUILDING REFERRED
TO MUST NOT BE A
1. inhabited house
2. public bldg
3. place devoted to religious worship
hence, supposing cinommit yung crime
in a store which is likewise being used
as a dwelling
- it is req that such must be alleged
that it is also being used as a dwelling,
as failure to do so, the crime
committed is deemed a robbery in
uninhabited place.
NOTE: for robbery of a store to fall
under art. 302
1. it must not be used as a dwelling
house; or
2. not part of the dependency of
THE BLDG REFERRED HERE
any kind of structure used for storage or
safekeeping of personal property, such as
1. freight car; and
2. warehouse
NOTE: entrance is only required in #1-3
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BOOK II

I F W H AT W A S B R O K E N I S M E R E ELEMENTS OF ILLEGAL POSSESSION OF

PADLOCK; TWO VIEWS

ROBBERY: force upon thing

THEFT: since the padlock is not a part of the
door, hence no breaking involved to make the
crime as robbery. also, cannot be said that
picklock has been used....
PICKLOCKS OR SIMILAR TOOLS
1. that the offender has in his possession
picklocks or similar tools
2. that such picklocks or similar tools are
specially adopted to the commission of
robbery
3. that the offender does not have a lawful

ROBBERY OF CEREALS,
cause for such possession

FRUITS OR FIREWOOD IN AN
NOTE: its actual use is not necessary

NOTE: if the accused is a locksmith, higher

UNINHABITED PLACE OR penalty shall be imposed
PRIVATE BUILDINGS

ART. 303
FALSE KEY
In the cases enumerated in Articles 299 and
302, when the robbery consists in the taking of
cereals, fruits, or firewood, the culprit shall
suffer the penalty next lower in degree than

ART. 305

The term "false keys" shall be deemed to

that prescribed in said articles.

PENALTY
include:
1. The tools mentioned in the next preceding
articles.

is 1 degree lower,

PROVIDED:
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the robbery here is only a robbery with

force upon things the offender.

NOTE:
HENCE: possession of false key under #2-3 is not
if the robbery is with violence or
intimidation of person,
punishable

- Art. 303 will not apply.

CEREALS; defined
NOTE: if the genuine key was entrusted by the
owner to another, whereby the other used it to
steal from the former

seedlings.

HENCE; if what was taken are rice,

- no robbery. as the key used is not a false key,

not being a stolen key....

Art. 303 will not apply.

also, when what was taken are palay,

which is not being kept by the owner to
be used as semilla,
- art. 303 will not apply
pero suppossing, A and B are guards of a
warehouse, whereby A induced B to make a
duplicate of the key, which B did. B used the
duplicate to steal from the warehouse
- robbery.

si A, principal by inducement dito.

POSSESSION OF PICKLOCKS
US vs GALURAN 12 PHIL 399

QUERY: why, did he also

OR SIMILAR TOOLS induced B to rib the

ART. 304
warehouse?

Any person who shall without lawful cause

have in his possession picklocks or similar
tools especially adopted to the commission of
the crime of robbery, shall be punished by
arresto mayor in its maximum period to prision

correccional in its minimum period.

The same penalty shall be imposed upon any

person who shall make such tools. If the
offender be a locksmith, he shall suffer the
penalty of prision correccional in its medium
and maximum periods.

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ACT PUNISHABLE
- mere formation of such band; as the purpose
BRIGANDAGE

of the law is to prevent its formation.

THE FF ARE THE THINGS THE NEED TO

BRIGANDAGE; defined
is a crime committed by more than 3 armed
persons, who formed a band of robbers, for the
purpose of committing
• robbery in the highway
• kidnapping persons for the purpose of
extortion or to obtain ransom; or
• for any other purpose to be attained by
means of force and violence
BE PROVED:
1. that there is an organization of more than 3
armed persons forming a band of robbers
2. that the purpose of the band is any of those
enumerated in art. 306
3. that they went upon the highway or roamed
upon the country for hat purpose
4. that the accused is a member of such band

NOTE: the previous activities are considered in

determining the existence of brigandage

WHO ARE BRIGANDS

- as they proved the purpose of the band.

ARMED
not limited to firearms, includes any deadly
ART. 306:
When more than three armed persons form a
band of robbers for the purpose of committing

weapons, or arms and weapons in general.

HIGHWAY
robbery in the highway, or kidnapping persons
for the purpose of extortion or to obtain ransom
or for any other purpose to be attained by

- includes streets within and outside the cities

PENALTY
means of force and violence, they shall be - if higher penalty is imposable for the crime
committed, other than mere brigandage, he

deemed highway robbers or brigands.

Persons found guilty of this offense shall be

higher penalty shall be imposed.

punished by prision mayor in its medium period BRIGANDAGE ROBBERY IN

to reclusion temporal in its minimum period if BAND
the act or acts committed by them are not
punishable by higher penalties, in which case, FOR THE

they shall suffer such high penalties.

If any of the arms carried by any of said

PURPOSE
- any of the 3 - only to commit
enumerated r o b b e r y, not
persons be an unlicensed firearms, it shall be necessarily in the
presumed that said persons are highway highway
robbers or brigands, and in case of convictions - agreement among
the penalty shall be imposed in the maximum the accused, is to

period.

THERE IS BRIGANDAGE WHEN:

commit robbery in
band
1. there are at least 3 armed persons mere formation of the robbery must be
2. they formed a band of robbers the band, for any of actually committed
3. the purpose is any of the ff: the purpose to be held liable for
• robbery in the highway enumerated is robbery in band
• kidnapping persons for the purpose of punishable
extortion or to obtain ransom; or
• for any other purpose to be attained by
means of force and violence

NOTE: must be a band of robbers

- hence; a band of dissidents cannot be said

brigandage

NOTE: for proper conviction for brigandage,

their purpose as stated above must be clearly

supported by evidence to such effect.

HOWEVER; it is presumed that they

are highway robbers or brigands; when
- when the firearms possessed by

them were unlicensed

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AIDING AND ABETTING A

BAND OF BRIGANDS

ART. 307
Any person knowingly and in any manner
aiding, abetting or protecting a band of
brigands as described in the next preceding
article, or giving them information of the
movements of the police or other peace
officers of the Government (or of the forces of
the United States Army), when the latter are
acting in aid of the Government, or acquiring or
receiving the property taken by such brigands
shall be punished by prision correccional in its
medium period to prision mayor in its minimum
period.
It shall be presumed that the person
performing any of the acts provided in this
article has performed them knowingly, unless

the contrary is proven.

ELEMENTS
1. that there is a band of brigands
2. that the offender knows the band to be of
brigands
3. that the offender does any of the ff acts:
• he in any manner aids, abets or protects
such band of brigands
• he gives them information of the
movements of the police or other peace
officers of he govt; or
• he acquires or receives the property

taken by such brigands

PRESUMPTION OF LAW AS TO
KNOWLEDGE

UNLESS: the contrary is proven

OFFENDER HERE IS DEEMED

- accomplice of the brigands

PHILIPPINE HIGHWAY; defined

any road, street, passage, highway and
bridges, or other parts thereof, or railway or
railroad
within the Philippines
used by persons, or vehicles,
or locomotives or trains
for the movement or circulation of
persons or transportation of
goods, articles or property or

both.

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 THE AWESOME NOTES
CRIMINAL LAW
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THEFT
THEFT; defined
persons or force upon things
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
WHO ARE LIABLE FOR THEFT
ART. 308
Theft is 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.
Theft is likewise committed by:
1. Any person who, having found lost
property, shall fail to deliver the same to the
local authorities or to its owner;
2. Any person who, after having maliciously
damaged the property of another, shall
remove or make use of the fruits or object
of the damage caused by him; and
3. Any person who shall enter an inclosed
estate or a 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 cereals, or other
forest or farm products.
THE FF CONSTITUTES THE CRIME OF
THEFT:
1. with intent to gain, but without violence
against or intimidation of persons nor force
upon things, take personal property of
another, without the latter's consent
2. having found lost property, but fail to deliver
victim.
the same to the local authorities or to its
owner
3. after having maliciously damaged the
property of another, remove or make use of
the fruits or object of the damage caused
by them
4. those who enter an inclosed estate or a
field where trespass is forbidden or which
belongs to another and, without the
consent of the owner, hunt or fish upon the
same or gather fruits, cereals or other
forest or farm products.
ELEMENTS
1. that there be taking of personal property
2. that the said property belongs to another
3. that the taking be doe with intent to gain
151 of 205
4. hat the taking be done without the consent
of he owner
5. that the taking be accomplished without the
use of violence against or intimidation of
Q: nang nakaw ng manok, na naka lagay sa
chicken coop, sa loob ng compund ni A. what
is the crime committed?
A: THEFT
- as there is neither force upon things nor
violence or intimidation agains the owner was
employed. the coop cannot be said as
dependency of the house, for it to deemed as
robbery in an inhabited place. located lang
yung chicken coop within the same compound
as where the house is located, but not a
dependent thereof.
TAKING; defined
ENOUGH NA
that the thief carry, more or less far
away, the thing taken by him from its
owner.
DAPAT
the thief acquires material occupation
over the thing taken, that is
- the thief places it under his
control and in such a situation
as he could dispose of it at
HENCE; NOT REQ:
once.
the taking away or carrying away of the
personal property of another
ILLUSTRATION
• if the accused was able to get hold of he
wallet of the victim, but the victim, perceiving
of the theft, was able to hold he theft's hand,
resulting latter's apprehension.
- consummated theft. not frustrated.
- consummated, as the accused
successfully taken the wallet of the
• when the place is surrounded by a fnce or
wall and one has to pass to check point
before going out, and was apprehended as
such
- frustrated theft
- the taking cannot be said to be
already complete.
- futher; the ability of the offender to
dispose freely of the articles stolen,
even more or less momentarily, is no
present.
NOTE: DINO CASE
- firearms yung ninakaw dito.
not easily disposable.
IN ESPIRITU CASE
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CRIMINAL LAW
BOOK II

nahuli sla sa checkpoint,it was useful purpose without the consent of

said that the crime of theft was
already consummated.
- dito, hospital linens yung
the owner?

Q: A received a bank notes from B for

ninakaw, easily disposable.

PEOPLE VS FLORES
HELD; that the Dino Case
should be applied only to:
safekeeping. thereafter, A misappropriated the
same. is A liable for theft?
A: YES!
although A received the bank notes from the
owner himself, but his subsequent felonious

- theft of bulky goods

HENCE: pag money yung

act is deemed to have been unlawfully taken

by the accused.

ninakaw, kahit na nadakip sya ESTAFA; if

within the compound, still - the accused received the bank notes
consummated theft, as money in trust or commission, or for
is easily disposable, or its administration, or under a quasi-
disposition is more or less contract or a contract of bailment.

restricted.

T H E TA K I N G N E E D N O T B E
- by the above enumerated, the
accused juridical possession only, not
the physical or material possession for
CHARACTERIZED WITH SOME DEGREE OF
PERMANENCY
AS: INTENT TO GAIN

it to constitute as theft.

- is not limited to actual taking
- includes; using the thing
as by using it, the accused derive from
them utility, satisfaction, enjoyment,
pleasure or what amounts to the same
PERSONAL PROPERTY
INCLUDES: electricity and gas.
- being a valuable article of merchandise
bought and sold like other personal property,
and is capable of appropriation by another.

thing, real gain.

GAIN
- not only the acquisition of a thing
useful to the purpose of life,
but also the benefit which in
any other sense may be
derived or expected from he
NOTE: promissory notes, invoices and
checks may be a valid object of the
crime of theft
- as while they may not be of value to
the accused, they undoubtfully are of
value to the offended party.

THE PROPERTY MUST BELONG TO

HENCE;
act which is performed. ANOTHER
HENCE: should the accused takes away the
thing pledged by him, theft cannot be said to
should an employee used the car of have been committed. the proper crime
his employer for a joyride, even though
it can be supposed that there is an
intent to return, the crime committed is

committed here is estafa.

LIKEWISE; selling of the share of a partner or

still theft.

TAKING AS DEFINED IN MOTOR

VEHICLE LAW
- the act of depriving another of the
possession and dominion of movable
thing coupled with the intention, at the
time of he taking, of withholding it with
joint owner is not a theft
- as before the dissolution of the partnership or
the division of the property held in common, no
part of the property of the partnership or the
property held in common truly belongs to a
partner or co-owner.

Q: what if an employee took his separation pay

the character of permanency from the office of the HR, before it is to be
formally delivered to him
eto yung pampagulo, as it provides for

a degree of permanency.
A: theft.

NOTE: before the goods are weighed or

WHILE THE TAKING NEED NOT BE WITH
SOME DEGREE OF PERMANENCY; BUT
THE OFFENDER MUST HAVE THE

measured, ownership is still not transferred.

INTENT TO GAIN IS PRESUMED

INTENTION OF from the unlawful taking of personal property
• making himself as the owner and
• placing the thing taken under his
belonging to another.

control

ang gulo; kasi what is may intention to

BUT NO SUCH PRESUMPTION;
when
- the person takes personal property
return parin sya kasi he derived its from another believing it to be his own

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
PROVIDED:
such belief and actuations must be
founded in good faith
- hence; kung may court decision na
against his claim of title, he cannot be
said to have acted in good faith, and
therefore, can be held criminally liable
for the crime of theft for its taking.
Q: is there intent to gain when the employee
took the papers of his employer and delivered
them to the govt investigators as an act of
revenge?
A: YES!
as gain is not only limited to the acquisition of
a thing useful to the purpose of life
BUT also the benefits which in any
other use may be derived or expected
from the act which is performed.
ACTUAL OR REAL GAIN, NOT NECESSARY
IN THEFT
- enough na that the accused actuated by the
desire or intent to gain.
MUST THE VICTIM HAS NO KNOWLEDGE
OF THE TAKING?
NO
- Even though the accused had knowledge of
the taking (noticed the same at the time of the
taking)
so long as such taking is without his
consent.
LACK OF CONSENT OF THE
and freed the other in the pasture.
OWNER
- indispensable in charging an ordinary
theft.
- must be stated in the information.
IN RE: ROBBERY
- in robbery, the taking should be
against the will of the owner. while in
the crime of theft, it is enough that the
taking is without consent of the owner.
Q: a soldier, suspecting that B had concealed
and aided a band of robbers, tied B in his
house as a punishment. several hours later, he
took the money with intent to gain from an
authorities, refrained from doing so.
open drawer of B. what is the crime
committed?
A: theft
- not robbery. as the violence is for a reason
entirely foreign to the fact of taking.
FORCE UPON THINGS; not constitutive of
robbery, when:
the force is not employed to
• to enter a building
• to open a drawer, safe, etc.
HENCE: should the accused entered a house,
whose door is open, then went to the CR, and
forcibly, took the shower faucet and the tiles
(haha), the crime committed is still theft.
153 of 205
PRESUMPTION AS TO POSSESSION OF
STOLEN PROPERTY
PRESUMED TO BE THE THEFT
-if he is in possession of an article recently
(long time ago) stolen.
also, prior possession, presumption
may apply
- after proven by circumstantial or
direct evidence of his disposal of the
property
- as the presumption regarding
recently stolen article is not limited to
actual possession, but also prior
unexplained possession.
PRESUMPTION SHALL NOT APPLY WHEN
• the thing disappeared piece by piece at
different times, and he is found to be in
possession of one of the piece stolen.
AS THE PRESUMPTION SHALL
ONLY APPLY WHEN
the goods were lost at the same time,
in he same place, and on the same
occasion.
• when for example, the carabaos of A were
stolen, and one of which is found in
possession of B, and the remaining roamed
freely in the pasture, untied
- as it cannot be said that the accused
had retained one in their possession
THEFT OVER LOST PROPERTY (whether
such property was stolen from the owner or
simply was lost by the owner)
THE FF ARE THE NECESSARY FACTS THAT
NEED TO BE PROVEN IN THIS KIND OF
THEFT
1. the time of the seizure of the thing
2. that it was a lost property belonging to
another; and
3. t h a t t h e a c c u s e d h a v i n g h a d t h e
opportunity to return or deliver the lost
property to its owner or to the local
NOTE: delay in the delivery of a lost thing to
the local authorities, does not constitute as
theft
- when the finder voluntarily returned it to he
owner when the latter came to his house to get
it.
NOT LIMITED TO THE ACUAL FINDER
HENCE; supposing A was entrusted the lost
thing by the finder to deliver it to the local
authorities, but instead, misappropriated the
same, he is liable for theft.
- in here, though A is not a finder of fact, is
deemed a finder in law.
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 THE AWESOME NOTES
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BOOK II
WHY NOT ESTAFA
as the finder has only a physical
possession of the lost thing. the
person to whom such thing was
entrusted to deliver to the local
authorities, cannot be then to have
acquired juridical possession. the
spring cannot rise above its source.
THE LAW DOES NOT REQUIRE
KNOWLEDGE OF THE OF THE OWNER OF
THE LOST PROPERTY
down rotation of the same.
- AS: as long as the accused knew or had
reason to know that the property was lost, it is
his duty to turn it over to the authorities,
REGARDLESS OF WON he knew
who was the owner of the lost
property.
INTENT TO GAIN; PRESUMED
- from the deliberate failure to deliver the lost
property to the proper person.
NOTE: finder of hidden treasure who
misappropriated the share pertaining to the
owner of the property is guilty of theft, as
regard to the share of the latter.
THEFT BY REMOVING OR MAKING USE OF
FRUITS OR OBJECT OF PROPERTY
MALICIOUSLY DAMAGED
ie:
may nakawalang cattle, pumunta sa plantation
ni A, at nanira nung mga pananim dun. A, sa
galit, binaril yung cattle, at pinghihiwa, at
dinistribute yung karne sa mga kapitbahay
nya.
- THEFT ito.
THEFT BY HUNTING, FISHING, GATHER,
ETC., IN ENCLOSED ESTATE
ELEMENTS
1. that there is an enclosed estate or a field
where trespass is forbidden or which
belongs to another
2. that the offender enters the same
3. that the offender hunts or fished upon the
same or gathers fruits, cereals or other
forest or farm products in the estate or field;
and
4. that the hunting or fishing or gathering of
the products is without the consent of the
owner
NOTE: if the fishing is in the fishpond
- the crime committed is qualified theft.
PD NO. 581: HIGHGRADING OR THEFT OF
GOLD
154 of 205
PD NO. 401: use of tampered water or
electrical meters to steal water or electricity
ACTS PUNISHABLE
1. turning back the dials of electric meter
2. fixing the electric meter in such a manner
that it will not register the actual electric
consumption
3. under reading of electric consumption
4. tightening screw of rotary blades to slow
THEFT IS NOT A CONTINUING OFFENSE
- as the act of taking away, which is one of the
characteristic of larceny, is not an essential
element of theft.
HENCE: theft of large cattle in Nueva
Ecija, and the accused was
apprehended in Pampanga
- Nueva Ecija has jurisdiction over the
offense.
PENALTIES
ART. 309
Any person guilty of theft shall be punished by:
1. The penalty of prision mayor in its minimum
and medium periods, if the value of the
thing stolen is more than 12,000 pesos but
does not exceed 22,000 pesos, but if the
value of the thing stolen exceeds the latter
amount the penalty shall be the maximum
period of the one prescribed in this
paragraph, and one year for each
additional ten thousand pesos, but the total
of the penalty which may be imposed shall
not exceed twenty years. In such cases,
and in connection with the accessory
penalties which may be imposed and for
the purpose of the other provisions of this
Code, the penalty shall be termed prision
mayor or reclusion temporal, as the case
may be.
2. The penalty of prision correccional in its
medium and maximum periods, if the value
of the thing stolen is more than 6,000
pesos but does not exceed 12,000 pesos.
3. The penalty of prision correccional in its
minimum and medium periods, if the value
of the property stolen is more than 200
pesos but does not exceed 6,000 pesos.
4. Arresto mayor in its medium period to
prision correccional in its minimum period, if
the value of the property stolen is over 50
pesos but does not exceed 200 pesos.
5. Arresto mayor to its full extent, if such value
is over 5 pesos but does not exceed 50
pesos.
6. Arresto mayor in its minimum and medium
periods, if such value does not exceed 5
pesos.
7. Arresto menor or a fine not exceeding 200
pesos, if the theft is committed under the
circumstances enumerated in paragraph 3
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 THE AWESOME NOTES
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BOOK II
of the next preceding article and the value
of the thing stolen does not exceed 5
pesos. If such value exceeds said amount,
the provision of any of the five preceding
subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a
fine not exceeding 50 pesos, when the
value of the thing stolen is not over 5
pesos, and the offender shall have acted
under the impulse of hunger, poverty, or the
difficulty of earning a livelihood for the
support of himself or his family.
BASIS OF PENALTY IN THEFT
1. the value of the thing stolen
2. the value and also the nature of the
property stolen; or
3. circumstances or causes that impelled the
culprit to commit the crime (javert)
Q: is the accused guilty of the theft of the
whole car when he merely drive the car and
parked it in another place, where he took the
wheels?
A: YES
as the gist of the offense of larceny consists in
the furtive taking and asportation of property,
animo lucrandi and with intent ti deprive the
owner of the possession thereof.
- hence, since the accused effectively deprived
the owner of the possession of the entire car,
the offense of larceny comprised the whole car.
syempre; ibang kwento if he merely
took the wheels of the car in theplace
where the same is parked.
IF NO EVIDENCE OF THE VALUE OF THE
THING STOLEN
minimum punishment for the crime of theft
shall be imposed, a theft involving the value of
5 pho.
HOWEVER: the court may take judicial notice
of the value of the thing stolen.
- ie. value ng ipad. absurd naman kung ang
valuation na gagamitin ay yung minimum
prescribed bylaw, which is 5php.
155 of 205
QUALIFIED THEFT
ART. 310
The crime of theft shall be punished by the
penalties next higher by two degrees than
those respectively specified in the next
preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or
if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts
taken from the premises of the plantation or
fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any
other calamity, vehicular accident or civil
disturbance. (As amended by R.A. 120 and
B.P. Blg. 71. May 1, 1980).
THEFT IS QUALIFIED; when
1. committed by a domestic servant
2. committed with grave abuse confidence
3. the property stolen consists of coconuts
taken from the premises of a plantation;
4. if the property is taken on occasion of fire,
earthquake, typhoon, volcanic eruption or
any other calamity, vehicular accident or
civil disturbance
5. the property stolen is a
a. motor vehicle (amended na; because
of the anti-carnapping law)
b. mail matter; or
c. large cattle
PENATY
d. a fish taken from a fishpond
2 degrees higher
THE ABUSE OF CONFIDENCE MUST BE
GRAVE
must be alleged in the information and proof of
a relation, by reason of dependence,
guardianship or vigilance, between the
accused and the offended party, that has
created a high degree of confidence between
them, which the accused abused.
WHAT IS ESSENTIAL HERE IS
- the thing was entrusted to the
accused, or he was allowed to stay in
the premises of which the accused
stolen the thing.
HENCE; theft by a housemate
- not always grave, unless the thing
stolen has been entrusted to him.
THEFT BY A LABORER NOT ALWAYS
QUALIFIED
UNLESS: the thing stolen is a thing of which
he has charge thereof, or was entrusted to
him.
- or use of safe combination learned by a
confidential clerk (grave abuse of confidence)
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 THE AWESOME NOTES 156 of 205
CRIMINAL LAW
BOOK II

CONFIDENCE ABUSED MUST BE THAT - the proper crime committed here is

EXISTING BETWEEN THE OFFENDED
PARTY AND THE OFFENDER
H E N C E : t h e Ty p i s t o f t h e P r o v i n c i a l

Faithlessness in the Custody of of Documents.

NOTE: basta if the thing stolen is a

Government of Samar, entrusted the key to the mail matter, aways a qualified theft
watchman. The watchman, after the key was - even if the accused stolen the thing
entrusted to him, used the same, and took the
typewriter and subsequently sold the same. is from the possession of the addressee.

the watchman liable for he crime of qualified

theft?
A: NO

THEFT OF LARGE CATTLE

LARGE CATTLE; includes

as no confidence was reposed by the offended - carabaos, horses, mules, asses, and all
party (State) to the watchman. only simple theft members if the bovine family (animals related

is committed here.

Q: an industrial partner who sells the personal

to or resembling oxen or cows.

NOTE: goats are not included. hindi

property of the partnership, without the
consent of the partnership. is he liable for
qualified theft?

kasi sila large

pag pinatay yung kaw sa galit dahil

A: NO nanira ng pananim
being an industrial partner, he has both the - crime committed is malicious
material and juridical possession of the
property, and may not be held liable for
mischief.

qualified theft.

NOVATION THEORY
applies only when there is contractual
relationship between the accused and the
if the carabao was first entrusted to the
accused for use in the cultivation of his
land, but instead, the accused sold it to
3rd person
- the crime committed is estafa and not

complainant.

di ko parin ma gets yung explanation

qualified theft

pero, kung pinatay nya at kinuha nya

ni Reyes dito. so mag tanung ka.

THEFT OF MOTOR VEHICLE

yung karne
- qualified theft. as he merely has
physical possession thereof, the owner
MOTOR VEHICLE
- all vehicles propelled by power, other than
retains the legal possession.

muscular power.

RA 6539
PD 533

ANTI-CATTLE RUSTLING LAW OF 1974

CARNAPPING CATTLE RUSTLING; defined

- the taking, with intent to gain, of is the taking away by any means, methods or
motor vehicle belonging to another, scheme,

without the latter's consent

THE TAKING MUST BE WITH INTENT TO

without the consent of the owner/raiser, of any
of the animals classified as large cattle,
WON for profit or gain, or
GAIN - whether committed with or without
- hence; if the taking is motivated by desire to violence against or intimidation of any
burn the thing, the accused cannot be held person or force upon things.

liable for theft, but of arson. it includes the killing of large cattle, or taking its
meat or hid without the consent of the owner/
TAKING OF VEHICLE; when not theft but
treated as estafa
when the use of the motor vehicle is by virtue

raiser.

PRESUMPTION OF CATTLE RUSTLING

of a contract of lease. every person having in his possession, control
- however, if the motor vehicle is a public utility, or custody of large cattle shall, upon demand
since the law does not recognize/prohibits the by competent authorities,
lease of such vehicle by the operator to
another person, the driver under boundary
system who took the said vehicle is liable for

- failed to exhibit the required documents

THEFT OF COCONUTS TAKEN WITHIN THE

qualified theft.

QUALIFIED THEFT OF MAIL MATTER

PREMISES OF THE PLANTATION
TO BE QUALIFIED
the coconuts must either still in the trees or
cannot be committed by a Postmaster (note:
iba pa to sa Clerk in charge of the registry
section)

deposited on the ground within the plantation

HENCE: kung nasa sako na, simple theft,mo

naka imbak sa labas ng bahay.

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QUALIFIED THEFT OF FISH IN FISHPONDS
AND FISHERY
FISHERY
- place where fish are bred or caught
- fishing grounds
IN ADDITION TO THE LIST OF WHAT
CONSTITUTE QUALIFIED THEFT
PD 330
- timber smuggling from, and illegal cutting of
logs in, public forest and forest reserves
PD 1612
ANTI-FENCING LAW
Section 2. Definition of Terms.
The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item,
object or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of the crime of robbery or
theft.
(b) "Fence" includes any person, firm,
association corporation or partnership or other
organization who/which commits the act of
fencing.
Section 4. Liability of Officials of Juridical
Persons.
If the fence is a partnership, firm, corporation
or association, the president or the manager or
to gain for himself or another.
any officer thereof who knows or should have
known the commission of the offense shall be
liable.
Section 5. Presumption of Fencing.
Mere possession of any good, article, item,
object, or anything of value which has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used
Second Hand Articles.
For purposes of this Act, all stores,
establishments or entities dealing in the buy
and sell of any good, article item, object of
anything of value obtained from an unlicensed
dealer or supplier thereof, shall before offering
the same for sale to the public, secure the
necessary clearance or permit from the station
commander of the Integrated National Police in
the town or city where such store,
establishment or entity is located. The Chief of
Constabulary/Director General, Integrated
National Police shall promulgate such rules
and regulations to carry out the provisions of
this section. Any person who fails to secure the
clearance or permit required by this section or
who violates any of the provisions of the rules
Code
157 of 205
and regulations promulgated thereunder shall
upon conviction be punished as a fence.
FENCING; defined
any person who, with intent to gain for himself
or for another, shall
buy, receive, posses, keep, acquire,
conceal, sell or dispose of, or shall buy
and sell or in any other manner deal in
any article, item, object or anything of
value
which he knows, or should be
known to him,
- to have been derived from
the proceeds of the crime of
robbery or theft
ELEMENTS
1. that crime of robbery or theft has been
committed
2. the accused, who is not a principal or
accomplice in the commission of the crime
of robbery or theft, buys,
receives ,possesses, keep, acquires,
conceals, sells or disposes or buy and
sells, or un any manner deals in any article,
item, object or anything of value, which has
been derived from the proceeds of the said
crime
3. that the accused knows or should have
known that the article, item, object or article
or anything of value has been derived from
the proceeds of the crime of robbery or
theft; and
4. there is, on the part of the accused, intent
NOTE: the crime of theft/robbery and fencing,
are separate and distinct offense
THEFT OF PROPERTY OF THE
NATIONAL LIBRARY AND
NATIONAL MUSEUM
ART. 311
If the property stolen be any property of the
National Library or the National Museum, the
penalty shall be arresto mayor or a fine
ranging from 200 to 500 pesos, or both, unless
a higher penalty should be provided under
other provisions of this Code, in which case,
the offender shall be punished by such higher
penalty.
L AW I M P O S E S F I X E D P E N A LT Y
REGARDLESS OF ITS VALUE
arresto mayor or a fine ranging from 200 to
500 pesos, or both,
UNLESS a higher penalty should be
provided under other provisions of this
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USURPATION
THE FF ARE CRIMES OF USURPATION
1. occupation of real property or usurpation of
real rights in property
2. altering boundaries or landmarks
OCCUPATION OF REAL
PROPERTY / USURPATION OF
REAL RIGHTS IN PROPERTY
ART. 312
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, in addition to the penalty incurred for
the acts of violence executed by him, shall be
punished by a fine from 50 to 100 per centum
of the gain which he shall have obtained, but
not less than 75 pesos.
injuries also.
If the value of the gain cannot be ascertained,
a fine of from 200 to 500 pesos shall be
imposed.
ACTS PUNISHABLE
1. by taking possession of any real property
belonging to another by means of violence
against or intimidation or persons
2. by usurping any real rights in property
belonging to another by means of
against or intimidation of person.
violence
ELEMENTS
1. that the offender takes possession of any
real property or usurps any real rights in
property
2. that the real property or real rights belong
to another
3. that violence against or intimidation of
persons is used in occupying real property
or usurping real rights in property; and
4. that there is an intent to gain.
THERE REAL PROPERTY MUST BELONG
TO ANOTHER PERSON
hence; if the lessor forcibly took the property
from the non-paying lessee, he is not liable for
usurpation
- he is liable rather of the crime of grave
coercion.
Supposing in a cadastral proceedings, the land
was already adjudicated to A. B, unable to
accept the judgment, forcibly took back the
possession of the said land from A.
- here, A is liable for usurpation
158 of 205
THERE MUST BE A VIOLENCE OR
INTIMIDATION USED
- otherwise; only liable for civili liability
ART. 312 WILL NOT APPLY IN
open defiance of the writ of execution issued in
the forcible entry case
- as the accused did not secure possession of
the land by force or intimidation in the first
place.
- at most, he can only be held in contempt by
court. fine not exceeding 1k or imprisonment
not exceeding 6 mos, or both.
NOTE: criminal action for usurpation is not bar
for civil action for forcible entry.
"IN ADDITION TO THE PENALTY INCURRED
FOR THE ACTS OF VIOLENCE EXECUTED
BY HIM"
since art. 312 dies not provide a penalty for
imprisonment,
- supposing the accused inflicted physical
injuries in executing acts of violence
he shall suffer the penalty for physical
USURPATION ROBBERY AND
THEFT
occupation taking or asportation
real property personal property
both has intent to gain
RA. 947
punishes entering or occupying public
agricultural land including public lands granted
to private individuals.
ART. 313
ALTERING BOUNDARIES OR
LANDMARKS
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, shall be punished by
arresto menor or a fine not exceeding 100
pesos, or both.
ELEMENTS
1. t h a t t h e r e b e b o u n d a r y m a r k s o r
monuments of towns, provinces or estates,
or any other marks intended to designate
the boundaries of the same
2. the offender alters said boundary marks
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INTENT TO GAIN NOR FRAUDULENT

INTENT IS NOT REQUIRED
- mere alteration is punishable, whatever the
motivations or intention of the accused.

CULPABLE INSOLVENCY

FRAUDULENT INSOLVENCY

ART. 314
Any person who shall abscond with his
property to the prejudice of his creditors, shall
suffer the penalty of prision mayor, if he be a
merchant and the penalty of prision
correccional in its maximum period to prision
mayor in its medium period, if he be not a

merchant.

ELEMENTS
1. that the offender is a debtor; that is, he has
obligations, due and payable
2. that he absconds with his property

3. that there is prejudice to his creditors

ACTUAL PREJUDICE, NOT INTENTION

ALONE, IS REQUIRED
HENCE: kahit na the accused went abroad
with the intention to escape his creditors, but
left several parcels of land in the Philippines,
which is still in his name.
- no actual prejudice to his creditors may arise.
therefore, accused cannot be held criminally

liable for fraudulent insolvency.

FRAUDULENT INSOLVENCY LAW

INSOLVENCY

in here, no such the criminal act

requirement should have been
committed after the
institution of the
i n s o l v e n c y
proceedings

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 THE AWESOME NOTES
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SWINDLING AND OTHER
DECEITS
SWINDLING (ESTAFA)
any third person.
ART. 315
Any person who shall defraud another by any
of the means mentioned herein below shall be
punished by:
1st.
The penalty of prision correccional in its
maximum period to prision mayor in its
minimum period, if the amount of the fraud is
over 12,000 pesos but does not exceed 22,000
pesos, and if such amount exceeds the latter
sum, the penalty provided in this paragraph
shall be imposed in its maximum period,
adding one year for each additional 10,000
pesos; but the total penalty which may be
imposed shall not exceed twenty years. In
such cases, and in connection with the
accessory penalties which may be imposed
under the provisions of this Code, the penalty
shall be termed prision mayor or reclusion
temporal, as the case may be.
2nd.
The penalty of prision correccional in its
minimum and medium periods, if the amount of
the fraud is over 6,000 pesos but does not
exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period if such amount is over 200
pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if
such amount does not exceed 200 pesos,
provided that in the four cases mentioned, the
fraud be committed by any of the following
means:
1. With unfaithfulness or abuse of confidence,
namely:
A. By altering the substance, quantity, or
quality or 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 any other personal property
received by the offender in trust 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
refreshment or accommodation.
160 of 205
be totally or partially guaranteed by a
bond; or by denying having received
such money, goods, or other property.
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 of
2. By means of any of the following false
pretenses or fraudulent acts executed prior to
or simultaneously with the commission of the
fraud:
A. By using fictitious name, or falsely
p r e t e n d i n g t o p o s s e s s p o w e r,
influence, qualifications, property,
credit, agency, business or imaginary
transactions, or by means of other
similar deceits.
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, without
prejudice to the action for calumny
which the offended party may deem
proper to bring against the offender. In
this case, the offender shall be
punished by the maximum period of
the penalty.
D. [By post-dating a check, or issuing a
check in payment of an obligation
when the offender 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 three (3) days
from receipt of notice from the bank
and/or the payee or holder that said
check has been dishonored for lack of
insufficiency of funds shall be prima
facie evidence of deceit constituting
false pretense or fraudulent act. (As
amended by R.A. 4885, approved
June 17, 1967.)]
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 therefor, with intent to
defraud the proprietor or manager
thereof, or by obtaining credit at hotel,
inn, restaurant, boarding house,
lodging house, or apartment house by
the use of any false pretense, or by
abandoning or surreptitiously removing
any part of his baggage from a hotel,
inn, restaurant, boarding house,
lodging house or apartment house
after obtaining credit, food,
refreshment or accommodation therein
without paying for his food,
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 THE AWESOME NOTES
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3. Through any of the following fraudulent
means:
A. By inducing another, by means of
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,
in whole or in part, any court record,
office files, document or any other
papers.
ELEMENTS OF ESTAFA IN GENERAL
1. that the accused defrauded another by
abuse of confidence or by means of deceit
2. that the damage or prejudice capable of
pecuniary estimation is caused to the
offended party or 3rd person
SECOND ELEMENT:
THE BASIS OF THE PENALTY
SINCE the penalty imposable for the crime of
estafa depends upon the value of the damage
or prejudice suffered by the offended party
IT IS THEREFORE ESSENTIAL THAT
the damage or prejudice caused must
be capable of pecuniary estimation
FIRST ELEMENT:
the ff are ways of committing estafa:
1. with unfaithfulness or abuse of confidence
2. by means of false pretense or fraudulent
acts; or
3. through fraudulent means
NOTE: deceit is not essential when there is an
abuse of confidence. the latter dispenses the
need of deceit for proper prosecution of estafa.
NUMBER 1
ESTAFA WITH UNFAITHFULNESS
A. By altering the substance, quantity, or
quality or 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.
ELEMENTS
1. that the offender has an onerous obligation
to deliver something of value (onerous
obligation to deliver must be existing at the
time of the alteration)
2. that he alters its substance, quantity or
quality
3. that damage or prejudice is caused to
another
ALTERING THE SUBSTANCE
ie
A sold to B 1000 tin cans of powdered coffee to
B. after the delivery, B discovered, that only 20
161 of 205
of the 1000 cans contain coffee and the
remaining contains soil.
ALTERATION OF QUANTITY
ie
A pledged to B 1000 bales of abaca, by
declaring in an instrument that such 1000
bales is existing, which the accused knows that
the he had only 29 bales of abaca. B believing
in gf, forwarded to A the money being
borrowed.
- estafa by altering quantity
- by virtue of the promise of A, B lent to A the
amount being borrowed.
same case when A sold to B 100 cavans of
palay, but only received 98 cavans.
ALTERATION OF QUALITY
the quality of the goods delivered is different
from the quality contemplated.
NOTE: when quality is not agreed
upon
- the quality that is not acceptable to
the complainant does not constitute
estafa.
NOTE: the crime of estafa may arise, even
though such obligation be based on an
immoral or illegal consideration.
hence; merong estafa pag yung shabung
diniliver ay low quality, different from the high
grade that the parties contemplated. in pari
delicto shall not apply.
ESTAFA WITH ABUSE OF CONFIDENCE
B. By misappropriating or converting, to
the prejudice of another, money, goods, or
any other personal property received by the
offender in trust 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.
ELEMENTS
1. that the money, goods, or other personal
property be received by the offender in
trust, or in commission, or for the
administration, or under any other
obligation involving the duty to make
delivery if, or to return the same
2. t h a t t h e r e b e m i s a p p r o p r i a t i o n o r
conversion of such money or property by
the offender, or denial on his part of such
receipt
3. that such misappropriation or conversion or
denial is to the prejudice another
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 THE AWESOME NOTES
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BOOK II
4. that there is a demand made by the
offended party to the offender (NOT REQ:
when there is evidence of misappropriation)
FOR ESTAFA, CHECK IS INCLUDED IN THE
TERM OF MONEY
while ordinarily, checks are not considered as
legal tender.
RATION
english ko, argh!)
as the distinction between conversion of cash
and conversion of checks does not hold any
significance in the crime of estafa.
1. checks, ordinarily used in commerce as
substitute of cash, and it can be easily
extent owing to the entrustor
appropriated.
2. that the delivery of the check and its
acceptance by another signifies more than
mere transfer. it results to the creation of
fiduciary relation between then, which can
be liken in form of trust, commission or
administration, which is an essential
element of estafa by misappropriation or
conversion.
[FIRST ELEMENT]
T H E M O N E Y, G O O D S , O R O T H E R
PERSONAL PROPERTY MUST BE
RECEIVED BY THE OFFENDER
OTHERWISE: if taken, theft/robbery yung
crime, depending on the circumstances.
THE OFFENDER RECEIVED THE MGO
UNDER CERTAIN KINDS OF TRANSACTION
TRANSFERRING JURIDICAL
POSSESSION TO HIM
THE FF TRANSACTIONS TRANSFER
JURIDICAL POSSESSION OVER A THING
- received in trust, on commission or for the
administration of the same, or any other
obligation involving the duty to make delivery
of, or to return the same.
JURIDICAL POSSESSION; defined
the kind of possession which gives the
transferee a right over the thing which the
transferee may set up even against the owner.
fee.
hence; covers contract of lease,
agency, et. al.
ILLUSTRATION
THING RECEIVED IN TRUST
• the landowner and the tenant came
to an agreement that whatever
harvested on a parcel of land owned
by the former, half of it shall be
delivered to the same. what the
tenant did, they appropriated to
themselves the share belonging to
the landowner.
162 of 205
- estafa over thing received in
trust.
- prior to the delivery, the
possession by the tenant over
the share of the landowner
over the yield of the harvest, is
in trust for the latter (labo ng
• failure of the entrustee to turn over
the proceeds of he sale of the
goods, documents or instrument
covered by trust receipt, to the
THING RECEIVED ON COMMISSION
Q: A received from B a 100php to be
payed for slaughter fee. likewise, A
received from C a meat, in exchange
of payment of the slaughter fee. A did
not pay the slaughter fee and took the
100php. is A criminally liable for estafa
in both instances?
A: NO
as against B: A is liable for
estafa. when he received the
100php for payment of
slaughter fee, is a
commission.
as against C: A is not liable for
estafa, as the money, goods or
any other personal property
received is not under the
obligation to deliver the same
- the law requires that for there
to have a estafa
the thing received
must be the thing to
be delivered, and not
another.
- in the case, A did nit
receive the money
from C to be used in
paying the slaughter
THING
RECEIVED FOR
ADMINISTRATION
administrator appointed by the court
over the estate of A, for its settlement.
what he did, he converts all the
property of the decedent to his own
use,instead of distributing it to the
heirs.
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 THE AWESOME NOTES
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"OR UNDER ANY OTHER OBLIGATION
INVOLVING THE DUTY TO MAKE DELIVERY
OF, OR TO RETURN THE SAME"
INCLUDES
quasi-contracts and certain contracts of
bailment.
ex of contract of bailment
1. deposit
2. lease of personal property
3. commodatum
ILLUSTRATION OF ESTAFA WHERE THE
OFFENDER RECEIVED THE THING UNDER
A QUASI-CONTRACT OR CONTRACT OF
BAILMENT.
QUASI-CONTRACT
- thing mistakenly delivered to him,
which he knows that he has no any
right or title to receive the same, and
disposes the same.
OBLIGATION TO RETURN OR DELIVER
THE THING MUST BE---
CONTRACTUAL, WITHOUT
TRANSFERRING TO THE ACCUSED
THE OWNERSHIP OF THE THING
RECEIVED.
HENCE; in mutuum (loan of money or loan for
consumption), the accused, by mere failure to
pay the amount loan or return the same quality
and quantity of the goods consumed,
- cannot be held liable for estafa.
same for sale and(or) return transaction or sale
on trial.
- failure to return after the expiration of the
contemplated period and non-payment of the
agreed price (or part thereof), does not amount
confidence.
to estafa.
IN HERE: at most, civil liability shall arise only.
save of course if BP 22 is involved. but it is a
different matter na.
LIKEWISE, NO ESTAFA IN THE FF
commission and for cash only.
1. sale on credit
2. when not founded upon trust,
commission, administration, quasi-
contract, or other form of bailment.
CRIMINAL LIABILITY FOR ESTAFA IS NOT
AFFECTED BY NOVATION
NOTE: the novation contemplated here is by
changing the existing contract of trust,
commission, bailment, or quasi-contract to an
ordinary contract of loan.
IN GENERAL
once the criminal liability is incurred
163 of 205
- as the crime of estafa s a public offense
which must be prosecuted and punished by
the state at its own volition.
HOWEVER: NOVATION THEORY MAY STILL
BE AVAILED AS A DEFENSE
if novation was effected prior to the filing of the
criminal information in court by the state
prosecutor
RATION:
as prior to the filing, he original trust
relation may be converted by the
parties into an ordinary creditor-debtor
situation, therefore placing the
complainant in estoppel to insist on the
original trust.
[SECOND ELEMENT]
that there be misappropriation or conversion of
such money or property by the offender, or
denial on his part of such receipt
ESTAFA BY CONVERSION
by using the thing different from the use which
the parties contemplated.
ie.
• A pledged to B a property, B instead
sold the same on commission.
• A entrusted to B the sale of a
diamond ring, with an agreement
that if B failed to sale the thing on
he 5th day from delivery, he should
return it. B failed to deliver it after
the lapse of the period
contemplated. They also agreed
that B cannot appoint a sub-agent,
which B violated by appointing C as
sub-agent. Estafa, by breach of
NOTE: in sale on credit
- it will only constitute as estafa, when
the accused sold the thing entrusted
on credit, when the parties
contemplated that it shall be sold on
ESTAFA BY MISAPPROPRIATION
ie. when the accused misappropriated
the company funds to his own use.
NOTE: the law does not distinguish
permanent and temporary
misappropriation.
- hence, after the discovery the the
misappropriation that accused
immediately returned the amount, still
liable for estafa by misappropriation.
HOWEVER: in one of the case, the SC
held that momentary use by an agent
of the funds of the principal does not
constitute as an estafa
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- as the law is worded that for there be
an an estafa, there must be a
fraudulent intent, which is contradictory
to momentary use.
- yung above mentioned case, na
discover yung misappropriation bago
nya binalik yung pera.
FOR ESTAFA TO ARISE HERE
- there must be a misappropriation or
conversion. absence of which, no estafa.
WHEN THE AGENT APPOINTED A SUB-
AGENT, AND THE SUB-AGENT IS THE ONE
WHO COMMITTED THE ACT OF
MISAPPROPRIATION, WHO IS GUILTY OF
ESTAFA, THE AGENT OF SUB-AGENT?
if the appointment of the sub-agent is not
prohibited
and no evidence of collusion between the
agent and sub-agent, the sub-agent is the only
person who can be held liable for estafa
if the appointment of sub-agent is prohibited by
the principal
the agent is liable for estafa. by mere such
appointment, prejudice to the offended party
(principal) was already present. (note: gain of
the offended party is not essential in estafa)
NOTE: the agent may retain part of his
commission from the principal
PROVIDED
he must first be authorized to retain his
commission out of the amount he
collected. (People vs Aquino 52 Phil
37)
- otherwise; if no such authorization,
he does not become a joint owner of
the over the money collected, and
thereby losing any right to retain.
consequently, should he chooses to
retain, he can be held liable for estafa.
commenced and profit accrued.
(People vs Leacnon)
HOWEVER: in one of the case
decided by SC (PEOPLE VS.
JUMAWAN)
- the accused retains the amount
owing to him based from the previous
transaction, which is lesser than the
agreed amount contemplated by them,
(also, he accused here was not paid of
the other
the agreed allowance which is to be
paid after he turned over of his
collection)
- not liable for estafa. it cannot be said
that the offended party suffered any
prejudice when the accused retained
the amount owing to him.
ESTAFA BY DENYING HAVING RECEIVED
THE THING
literal yung explanation.
164 of 205
[THIRD ELEMENT]
that such misappropriation or conversion or
denial is to the prejudice another
the accused need not benefit from the
act of misappropriation, conversion or
denial.
- what is material is the prejudice that
his actions caused the offended party,
or prejudice suffered by other person,
not necessarily the owner of the
property.
HENCE: A lend his watch to B for
safekeeping. What B did after he
received the watch, is that he pawned
the same. when A discovered it, A went
to the pawnshop and recovered the
watch. Is B liable for estafa
considering that no damage is suffered
by A.
A: Yes
- the act of misappropriation or
conversion of B caused damage to the
pawnshop. for estafa, damage caused
need not be necessarily to the owner.
the law simply provides Prejudice to
Another.
IN PARTNERSHIP
• failure of partner to account for
partnership funds may give rise to a
civil obligation only, not estafa. EXE:
when a partner misappropriate the
share of another partner in the
profits, or when he misappropriates
a money or property which was
given to him for specific purpose.
• partners are not liable for estafa of
money or property received for the
partnership when the business
IN CO-OWNERSHIP
• a co-owner is not liable for estafa ,
but he is liable if, after the
termination of the co-ownership, he
misappropriates the thing which has
become the exclusive property of
[FOURTH ELEMENT]
that there is a demand made by the offended
party to the offender (NOT REQ: when there is
evidence of misappropriation)
NOTE: this is the only kind of estafa (with
abuse of confidence) where demand is
required.
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PRIOR TO DEMAND the offender fails to do so and

this can only give rise to a civil action.

RATION WHY DEMAND IS NECESSARY

misappropriated it, it is theft.

RATION:
- as failure to account, upon demand, is as it cannot be said that the accused

circumstantial evidence of misappropriation.
WHEN DEMAND CAN BE DISPENSED WITH
• when the offender abscond; impossibility of
acquired juridical possession, being
mere transitory, for it to be considered
as estafa.

compliance of the requirement of demand EXE: EVEN WHEN THE POSSESSION IS

MERE TRANSITORY, STILL ESTAFA
NO ESTAFA THROUGH NEGLIGENCE
as estafa, is based on unfaithfulness or abuse
- when committed with abuse of confidence.

of confidence. ie. agent, misappropriated the sum
entrusted to him by his principal for
Hence; pag si A binigay kay B yung
pera para ipang bayad ng Bills, at si
Binstead na sya ang mag bayad, ay

payment of bills.

HOWEVER: IN THIS INSTANCE

inutsan si C, which nag abscond si C. if committed by servants, domestic or

- B cannot be held liable for estafa.

NOTE: estafa is not negatived even when the

employee, not estafa but theft.

AS: in master-servant relationship,

underlying obligation between the parties is employer-employee, master-domestic

guaranteed by a bond, totally or partially. servant,
- juridical or constructive possession
NOTE: the gravity of the crime of estafa is
determined on the basis of the amount not
returned BEFORE the institution of the criminal

remains in the owner.

• ALSO: when the intent to appropriate existed

action.

at the tine it was received from the owner, it
is theft and not estafa.
ESTAFA THEFT
ESTAFA WITH
ABUSE OF

MALVERSATION
offender receives offender takes the
CONFIDENCE
the thing thing
both offenders are entrusted with funds or
offender in receiving offender acquired
property
the thing, acquires material and
juridical possession, physical possession
both are continuing crimes
and misappropriates of the thing
the same

INSTANCE WHEN ONLY PHYSICAL OR
funds or property
are always private
usually public funds
or property
MATERIAL POSSESSION IS ACQUIRED offender is a private o ff e n d e r h e r e i s
- sa money changer. pag hinadout yung dollors individual or a public usually a public
para ipa convert ito pesos, pero ninakaw ni officer who is not o f fi c e r w h o i s

money changer, theft yung crime.

JURIDICAL POSSESSION IS ACQUIRED;

accountable for
public funds or
accountable for
public funs or
property property
when
- when the transferee can exercise a better the crime is the crime is
right of possession over the object received committed by: committed by:
than the owner himself, or dispose the same in misappropriating, appropriating,taking

any manner binding on the owner.

NOTE: a teller only acquires physical

converting or
denying having
or misappropriating
or consenting, or
r e c e i v e d m o n e y, t h r o u g h
possession, unlike an agent, which goods or other abandonment or
acquires juridical possession.

TEST IN DETERMINING WHETHER THERE

personal property n e g l i g e n c e ,
permitting any other
person to take the

IS THEFT / ESTAFA public funds or
property.
• if the offended party/ owner expects an
immediate return of the thing to him, which
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NOTES: NOTE: the pretense must be false, and such

• when malversation through falsification of must be supported by evidence. otherwise,
public documents is charged against a public
officer and a private individual in conspiracy
with the former, and the former was

criminal intent to deceive cannot be inferred.

NOTE: the offended party must be deprived of

acquitted, the private individual allegedly in
conspiracy with may be held liable for estafa.
RATION: estafa through falsification of public
documents is necessarily included in a
his property by any of the false pretense
mentioned, and without which, the offended
party would not have parted with it.

charge of malversation of public funds thru

falsification of public documents.
• misappropriation of firearms received by a

ESTAFA BY USING FICTITIOUS NAME

WHEN THERE IS USE OF FICTITIOUS

policeman is estafa, if it is not involved in the NAME
commission of a crime; it is malversation, if it when a person uses a name other than his real

is involved in the commission of a crime.

ESTAFA BY TAKING UNDUE ADVANTAGE

name

ESTAFA BY FALSELY PRETENDING TO

OF THE SIGNATURE OF THE OFFENDED POSSESS POWER

PARTY IN BLANK

C. By taking undue advantage of the

ie.
• fake spa
• pretending to be a magician with ability to
signature of the offended party in blank,
and by writing any document above such
find hidden treasures

ESTAFA BY FALSELY PRETENDING TO

signature in blank, to the prejudice of the
offended party or of any third person.

POSSESS INFLUENCE

ESTAFA BY FALSELY PRETENDING TO

ELEMENTS
1. that the paper with the signature of the
offended party be in blank
2. that the offended party should have
delivered it to the offender
3. that above the signature of the offended
party a document is written by the offender
without authority to do so
4. that the document so written creates a
liability of , or causes damage to, the
POSSESS QUALIFICATIONS
ie.
accused successfully lead to believe the
offended party that he is qualified in law to
represent the offended party in a cadastral
proceedings, when in fact, not, and by virtue of
which, the accused succeeded in obtaining
from the title, the title of deeds of his land

ESTAFA BY FALSELY PRETENDING TO

offended party or any third persons.

NUMBER 3 & 4:

POSSESS PROPERTY (MONEY)

ESTAFA BY FALSELY PRETENDING TO

ESTAFA BY MEANS OF DECEIT

BY: FALSE PRETENSE, FRAUDULENT

POSSESS CREDIT

ESTAFA BY FALSELY PRETENDING TO

ACTS EXECUTED PRIOR TO OR
S I M U LTA N E O U S LY W I T H T H E
POSSESS AGENCY

ESTAFA BY FALSELY PRETENDING TO

COMMISSION OF THE FRAUD

ELEMENTS
POSSESS BUSINESS

1. that there must be a false pretense, ESTAFA BY OTHER SIMILAR DECEIT

fraudulent ac or fraudulent means ie.
2. that such false pretense, fraudulent act or presenting a deed of donation mortis cause,
fraudulent means must be made or
executed prior to or simultaneously with the
commission of the fraud

known to be vitiated by lack of consent

ESTAFA BY THEFT
3. that the offended party must have relied on
MEANS OF DECEIT
the false pretense, fraudulent actor
fraudulent means, that is, he was induced
what distinguishes the 2 from each otheris
to part with his money or property because
not the presence or absence of fraud or
of the false pretense, fraudulent act or
deceit---
fraudulent means
RATHER: whether only material possession
4. that as a result thereof, the offended party
or both the juridical and physical possession
suffered damage.

NOTE: there is no deceit when the

of the thing was transferred

complainant is aware if the fictitious nature of

the pretense
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 THE AWESOME NOTES 167 of 205
CRIMINAL LAW
BOOK II

ELEMENTS
there is a transfer of only physical/
1. that the offender postdated a check, or
juridical possession material possession
issued a check in payment of an obligation
was acquired
2. that such postdating or issuing a check was

NOTE: estafa through false pretense made in
done when the offender had no funds in the
bank, or his fund deposited therein were
writing is only a simple crime of estafa, not a not sufficient to cover the amount of the

complex crime of estafa through falsification.

NOTE: attempted estafa through forgery

checks.

NOTE: the checks issued must be genuine

- finorge yung number nung sweepstake ticket and not falsified.
to make it appear as the winning ticket. nung OTHERWISE: the crime committed is estafa
e-claim na nya yung price, napansin yung

forgery, kaya na dakip sya.
through falsification of commercial documents.

"IN PAYMENT OF AN OBLIGATION"

NOTE: fraud in estafa by means of deceit must MEANING: that the postdating or issuance of a
be proved by check must be made NOT in payment of a

- clear and positive evidence.

ESTAFA BY ALTERING THE QUALITY,

pre-existing obligation.

THUS: if the postdated check was

F I T N E S S O R WE IG H OF A N Y TH I N G issued in payment of pre-existing debt,

PERTAINING TO HIS ACT OR BUSINESS

NOTE:
no crime of estafa may arise.
• as it cannot be said that the
issuance as the sufficient cause to
manipulation of scale is punished under the defraud the offended party for

Revised Administrative Code.

ESTAFA BY PRETENDING TO HAVE GIVEN

estafa to arise. (but BP 22 will still
apply)
• in estafa, the deceit or fraud must
BRIBE be employed prior to or
By pretending to have bribed any Government simultaneously with the commission
employee, without prejudice to the action for
calumny which the offended party may deem
proper to bring against the offender. In this
of the fraud.

ie: in payment of pre-existing debt

case, the offender shall be punished by the • when a check is issued in
maximum period of the penalty.

ie.
substitution of a promissory note

EXE: when check issued is not in

• when a person would ask money from payment of an obligation
another for the alleged purpose of bribing a • when such issuance is intended by
government employee, when in truth and in the parties to serve as promissory
fact the offender intended to convert the notes.
IN HERE: no estafa, even if
money to his own personal use and benefit
such has no funds
NOTE: this is withoutfff prejudice to criminal
action for defamation (calumny), which the
government employee allegedly bribed may
• when such is issued by guarantor

NOTE: the accused must be able to obtain

something from the offended party by

deem proper to bring against the offender.

ESTAFA BY POSTDATING A CHECK OR

means of the check he issues and delivers

ISSUING A CHECK IN PAYMENT OF AN PRIMA FACIE EVIDENCE OF DECEIT

OBLIGATION
[By post-dating a check, or issuing a check in
payment of an obligation when the offender
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 three (3) days from
receipt of notice from the bank and/or the
payee or holder that said check has been
failure of the drawer of the check to deposit the
amount necessary to cover his checks within 3
days from receipt of notice from
• the bank; and/or
• payee or holder
that said check has been dishonored for lack
or insufficiency of funds

NOTE: BP 22 i think already amended

dishonored for lack of insufficiency of funds
shall be prima facie evidence of deceit
constituting false pretense or fraudulent act.

this to 5 days

GF IS A DEFENSE IN A CHARGE OF
(As amended by R.A. 4885, approved June 17, ESTAFA BY POSTDATING OR ISSUING A

1967.)]

CHECK

prepared by: ronie ablan

AAA - BASTE / ATB
 THE AWESOME NOTES 168 of 205
CRIMINAL LAW
BOOK II

NOTE: in case stopping payment, when the NUMBER THREE

accused issued a check with the intention of E S TA FA T H R O U G H A N Y O F T H E
stopping payment, and prior to such, he
already acquired something from the offended
FOLLOWING FRAUDULENT MEANS

party, he can be held liable for estafa.

NOTE: in this kind of estafa, person who is

ESTAFA BY INDUCING ANOTHER TO SIGN

ANY DOCUMENTS

not the drawer may also be held liable. ELEMENTS

- ie. when the holder, knowing that the drawer 1. that the offender induced the offended party

is insolvent, used the checks in a transaction... to sign a document
2. that deceit be employed to make him sign

NOTE: skip muna BP 22

NOTE: estafa by issuing bad checks is a

the document
3. that the offended party personally signed
the document

continuing crime.

E S TA FA B Y O B TA I N I N G F O O D O R

4. that prejudice be caused

ie: while nakakuling si A, he was induced by B

ACCOMMODATION AT A HOTEL, ETC to sign a deed of REM of his parcel of land so
By obtaining any food, refreshment or that he can pay the fees for his lawyer. when A
accommodation at a hotel, inn, restaurant, acceded, A signed a document which in fact a
boarding house, lodging house, or apartment
house and the like without paying therefor, with
intent to defraud the proprietor or manager

deed of sale.

E S TA FA B Y R E S O R T I N G TO S O M E
thereof, or by obtaining credit at hotel, inn, FRAUDULENT PRACTICE TO INSURE
restaurant, boarding house, lodging house, or
apartment house by the use of any false
pretense, or by abandoning or surreptitiously

SUCCESS IN GAMBLING

ie:
removing any part of his baggage from a hotel, marked cards, faulty balisingish during
inn, restaurant, boarding house, lodging house
or apartment house after obtaining credit, food,
refreshment or accommodation therein without

cockfight in one of the cock. blah blha blah

ESTAFA BY REMOVING, CONCEALING OR

paying for his food, refreshment or

accommodation.
DESTROYING DOCUMENTS

3 WAYS OF COMMITTING ESTAFA UNDER
THIS PROVISION
1. by obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or
apartment house and the like without
paying therefor, with intent to defraud the
proprietor or manager thereof
another.
ELEMENTS
1. that there be a court record, official files,
documents or any other papers
2. that the offender removed, concealed or
destroyed any of them
3. that the offender had intent to defraud

IF NO INTENT TO DEFRAUD
2. by obtaining credit at hotel, inn, restaurant, - the act of destroying court record will be a
boarding house, lodging house, or
apartment house by the use of any false
pretense.

malicious mischief.

NOTE: estafa yung act of destroying a

3. by abandoning or surreptitiously removing promissory note, given to cover losses in
any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house
or apartment house after obtaining credit,

gambling

food, refreshment or accommodation ESTAFA BY INFIDELITY IN THE

therein without paying for his food, DESTRUCTION OF CUSTODY OF
refreshment or accommodation.
 DOCUMENTS DOCUMENTS

offender here is a offender here is a

private individual or public officer who is
even a public official officially entrusted
who is not officially with the documents
entrusted with the
documents

intent to defraud not req.

prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE, NOTE, NOTE!!!
If there is no deceit, no abuse of
confidence, there is no estafa even if there
is damage.
- only civil action may arise
KIND OF DAMAGE
- it must be capable of pecuniary estimation
THIS DAMAGE MAYE EITHER BE:
1. the offended party being deprived
of his money or property, as result
of the defraudation
2. disturbance in property rights
3. temporary prejudice
NOTE:
• kahit na binalik yung gamit, if it
resulted to inconvenience to the
o f f e n d e d p a r t y, s t i l l t h i s i s
disturbance of property right. ie. ni
rentahan yung typewrite, pero
binenta ni lessee, na recover ulit ni
owner from the buyer. Temporary
prejudiceis covered.
• payment made subsequent to the
commission of estafa does not
extinguish criminal liability or reduce
the penalty
• the crime of estafa is not obliterated
by aceptance of promissory ote
NOTE:
a private person who procures a loan
by means of deceit through a falsified
document of mortgage, but who effect
full payment of the loan within the
period agreed upon
DOES NOT COMMIT THE CRIME OF
ESTAFA
- there being no disturbance of
property rights and no person
obligation.
defrauded thereby.
- the crime committed here is
Falsification of a Public Document.
NOTE:
the accused cannot be convicted of
estafa with abuse of confidence under
an information alleging estafa by
means of deceit.
- different element kasi
COMPLEX CRIME OF THEFT AND ESTAFA
ie. by using fictitious name, the accused was
ale to enter a pawnshop and took a jewellry,
with no consent from the owner nor from the
pawnshop owner/staff.
leasing without the consent o the owner.
169 of 205
OTHER FORMS OF SWINDLING
ART. 316
The penalty of arresto mayor in its minimum
and medium period and a fine of not less than
the value of the damage caused and not more
than three times such value, shall be imposed
upon:
1. Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose of
the same, although such encumbrance be
not recorded.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. A n y p e r s o n w h o s h a l l a c c e p t a n y
compensation given him under the belief
that it was in payment of services rendered
or labor performed by him, when in fact he
did not actually perform such services or
labor.
6. Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or
before being relieved from the obligation
contracted by him, shall sell, mortgage, or,
in any other manner, encumber the real
property or properties with which he
g u a r a n t e e d t h e f u l fi l l m e n t o f s u c h
Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same.
ELEMENTS
1. that the thing is immovable, such as a
parcel of land or a building
2. that the offender is not the owner of said
property should represent that he is the
owner thereof
3. that the offender should have executed an
act of ownership (selling, leasing,
encumbering or mortgaging the real
property)
4. that the act be made to the prejudice of the
ie.
owner or a third person
• in case of double sale of a parcel of land.
• in case a lessee sells the real property he is
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
NOTE: if the accused sells a non-existent land,
the crime committed is estafa by false
pretense, and not as other form of swindling
NOTE: mere intent to cause damage is not
sufficient. There MUST BE AN ACTUAL
DAMAGE suffered by the offended party.
Any person, who, knowing that real
property is encumbered, shall dispose of
the same, although such encumbrance be
not recorded.
ELEMENTS
1. that the thing disposed of be real property
2. that the offender knew that the real property
was encumbered, whether the
encumbrance is recorded or not
3. that there must be express representation
by the offender that the real property is free
from encumbrance
4. that the act of disposing of the real property
be made to the damage of another
ie. A mortgaged to B a real property. later on,
A, representing to C that the same property is
free from any encumbrance, mortgaged again
the same to C.
DISPOSE
- not limited to alienation. it includes
encumbering or mortgaging
ENCUMBRANCE; defined
- includes every right or interest in the land
which exists in favor of third persons
NOTE: the offended party must have been
question: pero diba false pretense to?
deceived, that is, he would not have granted
the loan had he known that the property was
already encumbered.
- hence: when loan has already been granted
before the accused made the
misrepresentation, no estate.
NOTE: this kind of estafa covers verbal
agreement.
- although such encumbrance be not recorded.
NOTE: usurious loan with equitable mortgage
is not an encumbrance on the property
- as the usurious loan together with the
accessory contract of equitable mortgage is
considered as null and void.
NOTE: the offender must know that the real
property is encumbered
NOTE: it must be establish that there is
misrepresentation, fraud or deceit.
- otherwise, there can be no crime of other
forms of swindling.

170 of 205
The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
ELEMENTS
1. that the offender is the owner of personal
property (otherwise: theft)
2. that said personal property is in the lawful
possession of another
3. that the offender wrongfully takes it from its
lawful possessor
4. that prejudice is thereby caused to he
ie.
possessor or third person
May prinenda na singsing si A kay B. pumunta
si A one day kay B para bayaran yung utang
nya. nung sinabihan nyang gusto nyang
tingnan yung ring muna, binigay naman ni B
yung ring. umalis si A without paying B.
WHEN THE OWNER MAY BE HELD LIABLE
FOR THEFT AND NOT ESTAFA
if the owner took the personal property from its
lawful possessor with the latter's knowledge
and later charge him with the value of the
property.
- intent to gain is present. theft sya, hindi
estafa.
- bale dito, parang nag prenda sya ng singsing,
tapos kinuha nya yung sisngsing sa prendahan
surreptitiously, at bumalik sa prendahan at
sinisingil yung nawawalangsisngsing na
previously kinuha naman na nya.
NOTE: the personal property must be in lawful
possession of another.
- hence; pag kinuha yun sa finder, no estafa.
as finder is not a lawful possessor of a lost
thing.
WRONGFULLY TAKE
does not include violence. as if there is
violence, other crime is committed.
• Robbery: if with intent to gain; or
• Grave Coercion; if without intent to gain.
wrongfully take is limited to, when
taken without the consent of the owner
or through deceit employed.
TO THE PREJUDICE OF THE LATTER OR
ANY THIRD PERSON
dapat in any way, there is damage or prejudice
caused either to the owner or to any third
person. if none, there can be no estafa.
prepared by: ronie ablan
AAA - BASTE / ATB
 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
Any person who, to the prejudice of
another, shall execute any fictitious
contract.
ESTAFA BY EXECUTING ANY FICTITIOUS
CONTRACT TO THE PREJUDICE OF
ANOTHER
ie. when a person simulates a conveyance of
his property to another, for the purpose of
defrauding his creditors.
HOWEVER: ART. 314 WILL APPLY
if there is a real conveyance, and not merely
simulation.
Any person who shall accept any
compensation given him under the belief
that it was in payment of services rendered
or labor performed by him, when in fact he
did not actually perform such services or
labor.
ie.
accepting any compensation given the
accused who did not render the service or
perform the labor for which payment was made
REQ: there must be a fraud
OTHERWISE: it becomes only an instance of
solutio indebiti
DAPAT: there must be a malicious
failure to return.
NOTE: if received by a person who has no
right to accept (ie. payment of debt to a wrong
person)
- the latter's refusal to return the amount
received is punishable under Art. 315 and not
316 par. 5
Any person who, while being a surety in a
such minor
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or
before being relieved from the obligation
contracted by him, shall sell, mortgage, or,
in any other manner, encumber the real
property or properties with which he
g u a r a n t e e d t h e f u l fi l l m e n t o f s u c h
obligation.
BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY/IES
WITH WHICH THE OFFENDER
GUARANTEED THE FULFILLMENT OF HIS
OBLIGATION AS SURETY.
ELEMENTS
1. that the offender is a surety in a bond given
in a criminal or civil action
2. that he guaranteed the fulfillment of such
obligation with his real property/ies
3. that he sells, mortgages, or in any other
manner encumbers said real property
171 of 205
4. that such sale, mortgage or encumbrances
is
• without express authority from court;
• made before the cancellation of his
bond; or
• before being relieved from the obligation
contracted by him
PLUS: there must be a damage caused.
- the damage here must not be mere
speculative or potential.
SWINDLING A MINOR
ART. 317
Any person who taking advantage of the
inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to
assume any obligation or to give any release
or execute a transfer of any property right in
consideration of some loan of money, credit or
other personal property, whether the loan
clearly appears in the document or is shown in
any other form, shall suffer the penalty of
arresto mayor and a fine of a sum ranging from
10 to 50 per cent of the value of the obligation
contracted by the minor.
ELEMENTS
1. that the offender takes advantage of the
inexperience or emotions or feeling of a
minor
2. that he induces a minor to assume an
obligation, or to give release, or to execute
a transfer of any property rights
3. that the consideration is some loan of
money, credit or other personal property
4. that the transaction is to the detriment of
NOTE:
IN HERE: actual proof of deceit or
misrepresentation is not required.
- as it is sufficient that the offender takes
advantage of the inexperience or emotions of
the minor.
NOTE: does not cover if it affects real property
- as it cannot be made to disappear, nor a
minor has the capacity to make conveyance of
such.
MINOR
under 21 years of age
- diba 18?
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AAA - BASTE / ATB
 THE AWESOME NOTES 172 of 205
CRIMINAL LAW
BOOK II

OTHER DECEITS CHATTEL MORTGAGE

ART. 318
The penalty of arresto mayor and a fine of not REMOVAL, SALE OR PLEDGE
less than the amount of the damage caused
and not more than twice such amount shall be OF MORTGAGED PROPERTY
imposed upon any person who shall defraud or
damage another by any other deceit not
ART. 319
mentioned in the preceding articles of this
The penalty or arresto mayor or a fine

chapter.

Any person who, for profit or gain, shall

amounting to twice the value of the property
shall be imposed upon:
1. Any person who shall knowingly remove
interpret dreams, make forecasts, tell fortunes,
any personal property mortgaged under the
or take advantage of the credulity of the public
Chattel Mortgage Law to any province or
in any other similar manner, shall suffer the
city other than the one in which it was
penalty of arresto mayor or a fine not
located at the time of the execution of the

exceeding 200 pesos.

THE FF ARE OTHER DECEITS

mortgage, without the written consent of the
mortgagee, or his executors, administrators
or assigns.
1. by defrauding or damaging another by any
2. Any mortgagor who shall sell or pledge
other deceit not mentioned in the preceding
personal property already pledged, or any
articles
part thereof, under the terms of the Chattel
2. by interpreting dreams, by making
Mortgage Law, without the consent of the
forecasts, by telling fortunes, or by taking
mortgagee written on the back of the
advantage of the credulity of the public in
mortgage and noted on the record hereof in
any other manner, for profit or gain.
the office of the Register of Deeds of the
SCOPE
any other conceivable deceit. BASTA: there is
province where such property is located.

OBJECT OF ART. 319

damage to offended party.
for the protection of creditors against loss or
- the deceit here includes false
inconvenience resulting from the wrongful

pretense and fraudulent acts.

BASTA: if the deceit does not fall

removal or sale of the mortgaged property

NOTE: the chattel mortgage must be valid and

under art. 315-317; art. 318 may be
subsisting

ie.
applied.
HENCE: if no affidavit of good faith or not
registered when required to be so
• overcharging for bus tickets, and pocketing
the same.

- it cannot be subjected to art. 319

P A R . 1 : K N O W I N G LY R E M O V I N G
• failure to deliver the share of the landlord in
the harvest of a parcel of land by the tenant.

MORTGAGED PERSONAL PROPERTY

• hiring a taxi, without any money to pay
ELEMENTS
1. that personal property is mortgaged under
the Chattel Mortgage Law
2. that the offender knows that such property
is mortgaged
3. that he removes such mortgaged personal
property to any provinces or city other than
the one in which it was located at the time
of the execution of the mortgage
4. that the removal is permanent
5. that there is no written consent of the
mortgagee or his executor/administrator or
assigns to such removal.
6. that there is no written consent of he
mortgagee or his executor/administrator or

assigns to such removal.

ART. 319 COVERS

3rd person who removed the property to
another province or city, knowing it to have
been mortgage under Chattel Mortgage Law
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AAA - BASTE / ATB
 THE AWESOME NOTES 173 of 205
CRIMINAL LAW
BOOK II

NOTE: the transfer must be with felonious

intent/ intent to defraud
- otherwise, if done in gf (ie. change of ARSON AND OTHER CRIMES
residence), no liability under art. 319 may INVOLVING DESTRUCTION

arise.

NOTE: filing a civil action for collection, not

for foreclosure of chattel mortgage, relieves ART. 320 - 326-B are repealed by PD 1613,

the accused of criminal responsibility.

PA R . 2 : S E L L I N G O R P L E D G I N G

PD 1744 (penalty) and RA 7659

PRESIDENTIAL DECREE No. 1613

PERSONAL PROPERTY ALREADY

PLEDGED AMENDING THE LAW ON ARSON

ELEMENTS Section 4. Special Aggravating

1. that personal property is already pledged/
mortgaged under the terms of the Chattel
Mortgage Law
2. that the offender, who is the mortgagor of
such property, sells, mortgage or pledges
the same or any part thereof.
3. that there is no consent of the mortgagee
written on the back of the mortgage and
Circumstances in Arson. The penalty in any
case of arson shall be imposed in its maximum
period;
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 occupant of
the property burned;

noted on the record thereof in the office of
the Register of Deeds.
4. If committed by a syndicate.

The offense is committed by a syndicate if its is

NOTE: a house may be subject of chattel planned or carried out by a group of three (3)

mortgage by agreement of the parties.

FORM OF CONSENT OF THE MORTGAGEE

or more persons.

Section 5. Where Death Results from

1. in writing Arson. If by reason of or on the occasion of
2. on he back of he mortgage deed the arson death results, the penalty of
3. noted on the record thereof in the office of

the Register of Deeds.

Reclusion Perpetua to death shall be imposed.

NOTE THIS!
NOTE: NOT REQ: that there be a damage to Section 6. Prima Facie evidence of Arson.

the mortgagee Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more
ART. 319 ART. 316 than one part of the building or
establishment.
personal property real property 2. If substantial amount of flammable
substances or materials are stored within
the building note necessary in the business
consummated by consummated by of the offender nor for household us.
mortgaging, - when the property 3. If gasoline, kerosene, petroleum or other
pledging or selling a is sold to be as free, flammable or combustible substances or
personal property even though the materials soaked therewith or containers
already pledged or vendor may have thereof, or any mechanical, electrical,
mortgaged, obtained the chemical, or electronic contrivance
- WITHOUT the consent from the designed to start a fire, or ashes or traces
consent of the mortgagee in writing of any of the foregoing are found in the

mortgagee

the mere failure to

ruins or premises of the burned building or
property.
4. If the building or property is insured for
obtain consent from substantially more than its actual value at
the mortgagee, the time of the issuance of the policy.
- even if he should 5. If during the lifetime of the corresponding
inform the same of fire insurance policy more than two fires
his intention to sell, have occurred in the same or other
mortgage or pledge. premises owned or under the control of the
offender and/or insured.
purpose of the law is the purpose of the 6. If shortly before the fire, a substantial
to protect the law is to protect the portion of the effects insured and stored in
mortgagee purchaser a building or property had been withdrawn

prepared by: ronie ablan
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 THE AWESOME NOTES 174 of 205
CRIMINAL LAW
BOOK II

from the premises except in the ordinary OTHER CASES OF ARSON

course of business.
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;

the victim.

Section 7. Conspiracy to commit Arson.

4. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
Conspiracy to commit arson shall be punished 5. Any rice mill, sugar mill, cane mill or mill

by Prision Mayor in its minimum period. central; and
6. Any railway or bus station, airport, wharf or
Section 8. Confiscation of Object of Arson.
The building which is the object of arson
including the land on which it is situated shall
warehouse.

be confiscated and escheated to the State,
unless the owner thereof can prove that he has
no participation in nor knowledge of such
arson despite the exercise of due diligence on
ATTEMPTED ARSON
when the accused was caught before he could
light the rag soaked with kerosine
- not necessary that there be a fire
- BASTA: there is an abundant

his part.

Section 9. Repealing Clause. The provisions

evidence manifesting the defendant's
desire to burn the building, and he
adhered resolutely to that desire by
of Articles 320 to 326-B of the Revised Penal performing acts that would carry into
Code and all laws, executive orders, rules and
regulations, or parts thereof, inconsistent with
the provisions of this Decree are hereby
effect his plan.

FRUSTRATED ARSON

repealed or amended accordingly. the accused was able to light the rag, but he
was caught, and the fire was put out before
ARSON; defined

the malicious destruction of property by fire
any part of the building was burned

CONSUMMATED ARSON
KINDS OF ARSON any charring of the wood of a building,
1. arson whereby the fiber of the wood is destroyed, is
2. destructive arson (RA. 7659; amending sufficient.
sec. 2 of PD 1613) - not necessary that the wood should be a

3. other cases of arson

SIMPLE ARSON

blaze.

THERE IS NO COMPLEX CRIME OF ARSON

1. Any person who burns or sets fire to the WITH HOMICIDE
property of another - the crime of homicide absorbed.
2. person sets fire to his own property under - reclusion perpetua to death is imposed

circumstances which expose to danger the

life or property of another.

DESTRUCTIVE ARSON
1. when the arson is perpetrated or committed
by two (2) or more persons or by a group of
persons, regardless of whether their
purpose is merely to burn or destroy the
building or the burning merely constitutes
an overt act in the commission or another
violation of law.
2. Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or general
museum of the Government.
3. In an inhabited place, any storehouse or
factory of inflammable or explosive

materials.

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 THE AWESOME NOTES
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MALICIOUS MISCHIEF
MALICIOUS MISCHIEF; defined
the willful damaging of another's property for
the sake of causing damage due to hate,
revenge or other evil motivest
THE FF ARE CRIMES CLASSIFIED AS
MALICIOUS MISCHIEF
1. special cases of malicious mischief
2. other mischiefs
3. damage and obstruction to means of
communication
4. destroying or damaging status, public
documents or paintings
THE FF ARE CASES OF MALICIOUS.
ISCHIEF AS REGARDS THE MEANS
EMPLOYED AND THE NATURE OF THE
DAMAGE TO PROPERTIES
1, 3, and 4 of those mentioned above
WHO ARE LIABLE FOR
MALICIOUS MISCHIEF
ART. 327
Any person who shall deliberately cause the
property of another any damage not falling
within the terms of the next preceding chapter
shall be guilty of malicious mischief
ELEMENTS OF MALICIOUS MISCHIEF
1. that the offender deliberately caused
damage to the property of another (hence;
cannot be committed by negligence)
2. that such does not constitute arson other
exceed 200 pesos.
crimes involving destruction
3. that the act of damaging another's property
be committed merely for the sake of
damaging it. (presupposing that the
accused acted due to hate, revenge or
other evil motive)
NOTE:
• the term property includes livestocks
• other evil motives includes mere pleasure of
destroying (hence; kung binaril nya yung
baboy dahil nakawala ito at pumunta sa
palayan nya, at nanira ng pananim, cannot
be said as malicious mischief. neither an act
of hate or revenge, nor motivated by mere
pleasure of klling the pig. In this instance,
only civil action may arise) pero may isang
example, pinasok sa Art. 329 par. 3
DAMAGE (in malicious mischief); define
not only loss but also diminution of what is a
man's own.
- ie. defacing the house
175 of 205
NOTE: if there is an intent to gain, it is theft.
ie. kinuha yung steel bar grills para ipa kilo at
ibenta.
NOTE: the damage of property must not result
from a crime.
OTHERWISE: the damage shall only serve as
a basis for civil liability and in determination of
the proper crime committed.
ie. robber due to force upon things.
ETO MALABO: sabi ni reyes
a person charged with malicious mischief may
be found guilty of damage to property through
reckless imprudence.
SPECIAL CASES OF
MALICIOUS MISCHIEF
ART. 328
Any person who shall cause damage to
obstruct the performance of public functions, or
using any poisonous or corrosive substance;
or spreading any infection or contagion among
cattle; or who cause damage to the property of
the National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public, shall be punished:
1. By prision correccional in its minimum and
medium periods, if the value of the damage
caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not
exceed the abovementioned amount but it
is over 200 pesos; and
3. By arresto menor, in such value does not
THE SPECIAL CASES OF MALICIOUS
MISCHIEF / QUALIFIED MALICIOUS
MISCHIEF
1. c a u s i n g d a m a g e t o o b s t r u c t t h e
performance of public functions
2. u s i n g a n y p o i s o n o u s o r c o r r o s i v e
substance
3. spreading any infection or contagion
among others
4. causing damage to the property of he
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
causing damage to SEDITION
obstruct the
performance of
public functions
not present here the
element of public
and tumultuous
uprising
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Hence; if the telephone line or electric line was

destroyed, but not being used by railway,
OTHER MISCHIEF rather, by residential house... art. 330 will ot
apply.
ART. 329 - as the mischief must result to collision,
The mischiefs not included in the next
preceding article shall be punished:
derailment of cars, etc.

IF DUE TO THE MISCHIEF SOMEONE DIED

1. By arresto mayor in its medium and
maximum periods, if the value of the IF THE ACCUSED INTENDED TO KILL
damage caused exceeds 1,000 pesos; SOMEONE BY HIS ACTION
2. By arresto mayor in its minimum and - murder; as under art. 248, murder may be
medium periods, if such value is over 200
pesos but does not exceed 1,000 pesos;
committed by derailment.

IF THE ACCUSED HAS NO INTENTION TO

and
3. By arresto menor or fine of not less than KILL
the value of the damage caused and not - damages to means of communication with
more than 200 pesos, if the amount homicide
involved does not exceed 200 pesos or

cannot be estimated.

IF THE VALUE OF THE DAMAGE CANNOT

DESTROYING / DAMAGING
BE ESTIMATED STATUES, PUBLIC
- ART. 329 par. 3 will apply MONUMENTS / PAINTINGS
ie. spreading tae sa pintuan.
ART. 331
Any person who shall destroy or damage
DAMAGE & OBSTRUCTION TO statues or any other useful or ornamental
public monument shall suffer the penalty of
MEANS OF COMMUNICATION arresto mayor in its medium period to prision

ART. 330

correccional in its minimum period.

Any person who shall destroy or damage any

The penalty of prision correccional in its
medium and maximum periods shall be
imposed upon any person who shall damage
any railway, telegraph or telephone lines.
If the damage shall result in any derailment of
cars, collision or other accident, the penalty of
useful or ornamental painting of a public nature
shall suffer the penalty of arresto menor or a
fine not exceeding 200 pesos, or both such
fine and imprisonment, in the discretion of the
court.



prision mayor shall be imposed, without
prejudice to the criminal liability of the offender

for the other consequences of his criminal act.

For the purpose of the provisions of the article,

the electric wires, traction cables, signal
system and other things pertaining to railways,
shall be deemed to constitute an integral part

of a railway system.

COMMITTED BY
damaging railways, telegraphs, telephone
lines, cell sites. etc.
QUALIFYING CIRCUMSTANCE
if the damage caused shall result to
• derailment of cars
• collision; or

• other accident.

NOTE: if removing tails from railway track to

cause destruction, the offense committed is not
under Art. 330 but shall fall under Art. 324, as

his object is to cause destruction.

NOTE: Art. 330 applies only when what was

destroyed pertains to a railway
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RATION OF EXEMPTION FROM CRIMINAL

LIABILITY
EXEMPTION FROM CRIMINAL the law recognizes the presumed co-ownership
LIABILITY IN CRIMES AGAINST of the property between the offender and the
PROPERTY
offended party.

THE WIDOWED SPOUSE WHO COMMITS

THEFT, ESTAFA OR MALICIOUS MISCHIEF
WITH RESPECT TO THE PROPERTY OF
PERSONS EXEMPT FROM DECEASED
to be exempt from criminal liability:
CRIMINAL LIABILITY 1. the property belongs to the deceased
spouse
ART. 332 2. it has not passed to the possession of a
No criminal, but only civil liability, shall result
from the commission of the crime of theft, third person.

FOR EXEMPTION TO APPLY BETWEEN

swindling or malicious mischief committed or
caused mutually by the following persons:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
BROTHER AND SISTER AND BROTHER/
SISTER-IN-LAW
they must be living together at the time of the
commission of any of the crime of theft, estafa
or malicious mischief.

into the possession of another; and

3. Brothers and sisters and brothers-in-law

and sisters-in-law, if living together.

The exemption established by this article shall

not be applicable to strangers participating in

the commission of the crime.

CRIMES COVERED BY THIS EXEMPTION

1. theft
2. estafa

3. malicious mischief

PERSONS COVERED
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
into the possession of another; and
3. Brothers and sisters and brothers-in-law

and sisters-in-law, if living together.

THE LIST ALSO INCLUDES

a. stepparents
b. adopted father
c. natural children
d. concubine
e. paramour

f. common-law spouses

NOTE: Art. 332 applies only when the

offender and the offended party are
relatives and their relationship is any of

those mentioned above.

HENCE: DOES NOT COVER

• strangers who participated in the

commission of the crime

IN THIS INSTANCE: only civil liability

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 THE AWESOME NOTES
CRIMINAL LAW
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TITLE ELEVEN
CRIMES AGAINST
CHASTITY
- ie. laging makasama, with hundres of live
THE FF ARE CRIMES AGAINST CHASTITY
1. adultery
2. concubinage
3. acts of lasciviousness
4. qualified seduction
5. simple seduction
6. acts of lasciviousness with consent of the
offended party
7. corruption of minors
8. white slave trade
9. forcible abduction
10. consented abduction
ADULTERY AND CONCUBINAGE
crime.
ADULTERY
ART. 333
Adultery is 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, even if the marriage be subsequently
declared void.
Adultery shall be punished by prision
correccional in its medium and maximum
periods.
If the person guilty of adultery committed this
offense while being abandoned without
justification by the offended spouse, the
penalty next lower in degree than that provided
in the next preceding paragraph shall be
imposed.
ELEMENTS OF ADULTERY
1. that the woman is married
2. that she has sexual intercourse with a man
not her husband
3. that as regards the man with whom she has
sexual intercourse, he must know her to be
married
T H E O F F E N D E D PA R T Y M U S T B E
LEGALLY MARRIED TO THE OFFENDER AT
THE TIME OF THE CRIMINAL CASE
HENCE: pag annulled na yung marriage, of
course there can be no adultery.
HOWEVER: criminal liability is not
although there is joint physical act
extinguished even though the marriage is
subsequently declared void
- as the crime of adultery has already been
consummated. and prior to the nullityof the
178 of 205
marriage by final judgment, the offense to the
vows taken and the attack on the family exists.
CARNAL KNOWLEDGE MAY BE PROVED
BY CIRCUMSTANTIAL EVID
letters exchanged, et al.
NOTE: that circumstantial evidence is not
applicable in the application of soeial mitigating
circumstance. dapat for the later, na surprise
talaga si husband nung nakita nya yung asawa
nya at yung kalaguyo in the act.
EACH SEXUAL INTERCOURSE
CONSTITUTES A CRIME OF ADULTERY
hence; pag yung unang intercourse, pintawad
ni asawa, pero malandi talaga si babae at inulit
nya pa ulit, pwede parin syang kasuhan for
adultery. as the pardon previously made only
refers to the previous infidelity.
---- and for this; adultery is not a continuing
ESSENCE OF ADULTERY
violation of marital vow
GIST:
the danger of introducing spurious
heirs into the family
- where the rights of the real heirs may
be impaired and a man may be
charged with the maintenance of a
family not his own
ABANDONMENT DOES NOT JUSTIFY
ADULTERY
ONLY mitigates the penalty.
the mitigation applies both to the
defendants.
NOTE: for a man may be held guilty for
CONCUBINAGE
adultery, he must have knowledge of the
married status of the woman
- but he may be held liable for concubinage if
he is also married.
ACQUITTAL OF ONE OF THE DEFENDANT
WOULD NOT RESULT IN THE ACQUITTAL
OF THE OTHER
RATION
1. there may not be a joint criminal intent,
THUS:
1. one of the parties may be insane and the
other sane, in which case, only the latter
could be held liable
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2. the man may not know that the woman is 2. by having sexual intercourse under
married, in which case, the man is innocent scandalous circumstances, with a woman
3. the death of the woman during the not his wife
pendency of the action cannot defeat the
trial and conviction of the man
4. death of the paramour will not bar the

3. by cohabiting with her in any other place

prosecution against the unfaithful spouse

EFFECT OF DEATH OF THE OFFENDED

HENCE: mere sexual intercourse with a
woman not his wife, but not falling under any of
the circumstances mentioned above,
PARTY
the case shall still continue
- NO CRIME OF CONCUBINAGE

RATION:
• for the protection of honor and reputation, not
only of the living but also of dead persons as

ELEMENTS
pawned! haha

well.

PROVIDED: criminal action has been

1. the man must be married
2. that he committed any of the acts
enumerated
commenced prior to the death of the offended 3. that as regards the woman, she must know

spouse.

REQUISITES OF A VALID PARDON

him to be married

1. must come before the institution of the
criminal prosecution; and
2. both offenders must be pardoned by the
WHO IS A MISTRESS
a woman taken by the accused into the
conjugal dwelling as a concubine

offender

IMPLIED PARDON
Hence: pag adopted daughter; it

cannot be said that she is a mistress.

act of intercourse subsequent to adulterous CONJUGAL DWELLING; defined

conduct the home of the husband and wife, even if the
wife happens to be temporarily absent on any
CONSENT
pwede din implied
ie:

account.

NOTE: a house, constructed from the

• after serving the term of
imprisonment by his wife due to
adultery, he resumed living with her
wife. kaso, makati talaga si wfie,
pero hinayaan nalang ni husband.
nung ng abroad si husband, pag
balik nya, ayun, lantaran si wfie.
- implied consent. hinayaan
proceeds of the sale of conjugal
properties of the spouses, especially
where they had intended it to be so,
even though the wife never had the
chance to reside thereon
- is a conjugal dwelling.

SEXUAL INTERCOURSE UNDER

nya eh.
• agreement to separate after the
husband discovered his wife being
makati.
- while ordinarily such
agreement is void, but ut
signifies consent sa pagiging
SCANDALOUS CIRCUMSTANCES
RELEVANT ONLY WHEN:
the mistress is kept elsewhere (outside the
conjugal dwelling), that this becomes an
element of a crime.

THE FF ARE SCANDALOUS

makati ni wife.
ART. 334
Any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances,
with a woman who is not his wife, or shall
cohabit with her in any other place, shall be
CIRCUMSTANCES
1. he ad his mistress live in the same room of
a house
2. they appear together in public and
3. perform acts in sight of the community

= which give rise to criticism and general

punished by prision correccional in its

minimum and medium periods.
protest among neighbors

BEST WITNESS
The concubine shall suffer the penalty of

destierro.
the people in the vicinity

NOTE: if spies are employed, there is

3 WAYS OF COMMITTING THE CRIME OF no evidence of scandalous
CONCUBINAGE
1. by keeping a mistress in the conjugal circumstances. (haha, pawned. again.)

dwelling


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 THE AWESOME NOTES
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BOOK II
CONCUBINAGE BY COHABITING WITH A
WOMAN IN ANY OTHER PLACE
PROOF OF SCANDALOUS CIRCUMSTANCE
- not req
ONLY REQ: mere cohabitation
COHABIT; defined
to dwell together, in the manner of husband
and wife, for some period of time
AS DISTINGUISHED FROM
occasional, transient meetings
HENCE IN THIS INSTANCE; for there
to have an adultery
- the cohabitation must be a week,
month, year or longer
kaya walang concubinage pag nahuli
si husband ni wife sa motel at may
kasamang iba
(pawned. again. haha)
RATION WHY ADULTERY IS SEVERE THAN
CONCUBINAGE
AS adultery makes possible the introduction of
another man's blood into the family so that the
offended husband may have another man's sin
bearing his name and receiving support from it.
hahahahaha. grabehang justification. a man's
world. a man's world indeed. hahaha
years of age or is demented
very act itself.
180 of 205
ACTS OF LASCIVIOUSNESS
NOTE: previously, rape is included in this
chapter. but pursuant to RA 8353, Art. 335 was
repealed.
ACTS OF LASCIVIOUSNESS
ART. 336
Any person who shall commit any act of
lasciviousness upon other persons of either
sex, under any of othe circumstances
mentioned in the preceding article, shall be
punished by prision correccional.
ELEMENTS
1. that the offender commits any acts of
lasciviousness or lewdness
2. that the act of lasciviousness is committed
against a person of either sex
3. that it is dine under any of the ff
circumstances
• by using force or intimidation
• when the offended party is deprived of
reason or otherwise unconscious
• by means of fraudulent machination or
grave abuse authority; or
• when the offended party is under 12
NOTE: compelling a girl to dance naked before
men is an act of lasciviousness, even if the
dominant motive is revenge, for her failure to
pay a debt.
HENCE: MOTIVE OF LASCIVIOUS
ACTS IS NOT IMPORTANT
AS: the essence if lewdness is in the
WHEN CONSIDERED AS UNJUST
VEXATION ONLY
the accused, inside a church and after the
service had begun, approached a girl frim
behind and forcibly embraced and kissed her
in the left cheek and at the same time fondled
her breast
RATION:
considering the religious atmosphere
and the presence of many persons,
the conduct of the accused cannot be
considered lascivious
KEY WORD: public view
EXE: if done in a theater
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NOTES: HENCE: if no intention to lie with the offended

• kissing and embracing a woman against her
will are acts of lasciviousness IF prompted by
lust or lewd design (hence; if out of passion

party, it cannot be an attempted rape.

INSTANCES SHOWING INTENTION

and the fondling breast as merely accidental, TO LIE WITH THE OFFENDED
unjust vexation ang crime.) PARTY
• lover's embrace and kisses are not acts of 1. slipping the trouser down and
lasciviousness (unless: evidence showing tearing the drawers of the girl

that it is prompted by lewd designs) 2. kissing and fondling her breast

3. lifting the dress and placing
THE ACT OF LASCIVIOUSNESS MUST BE
COMMITTED UNDER ANY OF THE FF
CIRCUMSTANCES
himself on top of the woman

NOTE: desistance in the commission of

1. by using force or intimidation attempted rape may constitute acts of
2. when the offended party is deprived of
reason or otherwise unconscious
3. by means of fraudulent machination or

lasciviousness

NOTE: no attempted or frustrated acts of

grave abuse authority; or
4. when the offended party is under 12 years
lasciviousness

of age or is demented

NOTE: moral compulsion amounting to

ACTS OF
LASCIVIOUSNESS
UNJUST
VEXATION

intimidation is sufficient.
when although the
accused touched the
ABUSE AGAINST OFFENSE private parts of the
CHASTITY AGAINST accused over her
CHASTITY panties
- BUT WITHOUT
committed by public committed usually any of the
officer by a private circumstances

consummated by
individual

consummated by

mentioned

(ie. without force or

- mere immoral or - some actual act of intimidation)
indecent proposal
made earnestly and
lasciviousness

persistently

ACT OF ATTEMPTED RAPE

LASCIVIOUSNESS

same manner committing the offense

1. by using force or intimidation
2. when the offended party is deprived of
reason or otherwise unconscious
3. by means of fraudulent machination or
grave abuse authority; or
4. when the offended party is under 12
years of age or is demented

acts performed by
the offender
- clearly indicate that
his intention is to lie
with the offended
party

lascivious acts of the the lascivious acts of

offender is the final the offender is
objective being merely a preparatory
sought acts to the
commission of rape.

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 THE AWESOME NOTES
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BOOK II
SEDUCTION,
CORRUPTION OF MINOR AND
WHITE SLAVE TRADE
SEDUCTION; defined
enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without use of force
KIND OF SEDUCTION
1. simple
2. qualified
QUALIFIED SEDUCTION
ART. 337
The seduction of a virgin over twelve years and
under eighteen years of age, committed by any
person in public authority, priest, home-
servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted
with the education or custody of the woman
seduced, shall be punished by prision
correccional in its minimum and medium
periods.
The penalty next higher in degree shall be
imposed upon any person who shall seduce
his sister or descendant, whether or not she be
a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction
is committed when the offender has carnal
knowledge of any of the persons and under the
circumstances described herein.
2 CLASSES OF QUALIFIED SEDUCTION
1. seduction of a virgin over 12 years and
under 18 years of age by certain persons,
such as, a person in authority, priest ,
teacher, etc.
2. seduction of a sister by her brother, or
decedent by her ascendant, regardless of
her age or reputation
ELEMENTS OF QUALIFIED SEDUCTION OF
A VIRGIN
1. that the offended party is a virgin, which is
presumed if she is unmarried and of good
reputation
2. that she must be over 12 and under 18
years of age
3. that the offender has sexual intercourse
with her
4. that there is abuse of authority, confidence
or relationship on the part of the offender
IF THE OFFENDED PARTY IS
BELOW 12
- the crime is rape
182 of 205
IF THE OFFENDER IS ABOVE 18
- no crime, if the woman is not
unconscious or otherwise deprived of
reason.
NOTE: OFFENDED PARTY NEED NOT BE
PHYSICALLY VIRGIN
VIRGINITY; defined
(for acts of lasciviousness and consented
abduction)
that the woman is virtuous and of good repute
- chaste character
HENCE: the only time that a woman
can be said to have lost her virginity (in
the legal sense)
- is when it is established that she had
sex with several men.
HENCE: prior sexual intercourse of the
accused with the offended party
- does not make him immune from
criminal liability should he commits any
lascivious acts against the latter.
dito: presupposes na si
accused lang ang natikman ni
offended party.
NOTE: there must be a sexual intercourse
between the offender and the offended party in
qualified seduction.
OTHERWISE: at most, the crime committed
shall fall under Art. 339
WHAT MAKES THE CRIME OF QUALIFIED
SEDUCTION
the character of the person committing the
same, on amount of the excess of power or
abuse of confidence of which the offender
availed himself.
NOTE: deceit is not an element of qualified
seduction
NOTE: consent of the offended party is not
a defense
NOTE: covers Brother-in-Law
if the moral ascendancy is used for immoral
purpose.
DOMESTIC; defined
person usually living under the same roof,
pertaining to the same house.
- all persons residing with the family and who
are members of the same household,
regardless of the fact hat their residence may
only be temporary or that they may be paying
for their board and lodging.
NOTE: this is distinct from house
servant.

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QUALIFIED RAPE • there is a sexual intercourse;

otherwise, it shall fall under act of
SEDUCTION

BASTA: it is deemed rape when during the

lasciviousness

VIRGINITY OF THE OFFENDED PARTY NOT

sexual intercourse, any of the ff

circumstances are present:

REQUIRED IN SIMPLE SEDUCTION!

DECEIT CONSISTING IN UNFULFILLED

1. by using force or intimidation
PROMISE OF MATERIAL THINGS
2. when the offended party is deprived of
can never amount to seduction
reason or otherwise unconscious
- as it only proves that the woman is of loose
3. by means of fraudulent machination or
morals.
grave abuse authority; or
4. when the offended party is under 12
years of age or is demented
ika nga ni reyes "high-class prostitute"

NOTE: promise of marriage by a married man

SEDUCTION OF SISTER OR DESCENDANT
is not a deceit
- when the woman knew that he is married. it
DOES NOT REQUIRE
1. that she is virgin
cannot be said that he was induced.

NOTE: promise of marriage after sexual

2. that she is not over 18

NOTE: the accused charged with rape cannot

intercourse does not constitute deceit

be convicted of qualified seduction under the NO CONTINUING OFFENSE OF

same information. SEDUCTION
as the virginity of a woman cannot be lost

SIMPLE SEDUCTION
twice.

HENCE: if the offended party lost her

ART. 338
The seduction of a woman who is single or a
widow of good reputation, over twelve but
under eighteen years of age, committed by
means of deceit, shall be punished by arresto
virginity when she was 13. the
subsequent sex with the accused
when she was 19 does not constitute a
continuation of the offense begun
when she was 13.

mayor.

ELEMENTS
ACTSOF LASCIVIOUSNESS
WITH THE CNSENT OF THE
1. that the offended party is over 12 and under
18 years of age OFFENDED PARTY
2. the she must be of good reputation, single
or widowed
3. that the offender has sexual intercourse ART. 339
with her The penalty of arresto mayor shall be imposed
to punish any other acts of lasciviousness

4. that it is committed by means of deceit.

BEST EXAMPLE
committed by the same persons and the same
circumstances as those provided in Articles
unfaithful promise of marriage in order to
convince the woman to have sexual
337 and 338.

ELEMENTS

intercourse with him

NOTE: willingness to marry mat still

amount to deceit.
- ie. when the man knows that the girl
cannot legally consent to the marriage,
and yet makes a promise to marry her
1. that the offender commits acts of
lasciviousness or lewdness
2. that the acts are committed upon a woman
who is virgin or single or widow of good
reputation, under 18 of age but over 12
years; or a sister or descendant regardless

PROVIDED
of her reputation or age
3. that the offender accomplishes the acts by
• that the woman is not under 12; as it abuse of authority, confidence, relationship
is rape
• that the woman is not over 18; as it or deceit.

MALE CANNOT BE THE OFFENDED PARTY

cannot be said that there is force or
intimidation, or she was IN THIS CRIME!
unconscious or otherwise deprived
of her reason
as the law does not provide "either sex."

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ART. 339 ART. 336

WHITE SLAVE TRADE
the act of the acts are
lasciviousness is committed under ART. 341
committed that had circumstances The penalty of prision mayor in its medium and
there been carnal which, had there maximum period shall be imposed upon any
knowledge been carnal person who, in any manner, or under any
- would amount to knowledge, pretext, shall engage in the business or shall
either qualified or - would amount to profit by prostitution or shall enlist the services
simple seduction rape of any other for the purpose of prostitution (As

amended by Batas Pambansa Blg. 186.)

ACTS PENALIZED UNDER ART. 341

CORRUPTION OF MINORS
ART. 340
Any person who shall promote or facilitate the
prostitution or corruption of persons underage
to satisfy the lust of another, shall be punished
by prision mayor, and if the culprit is a pubic
officer or employee, including those in
1. engaging in the business of prostitution
2. profiting by prostitution
3. enlisting the services of woman for the
purpose of prostitution
NOTE: commission of one of the either
mentioned acts is sufficient to constitute the
offense.

HENCE: kahit na there is no proof that

government-owned or controlled corporations, he enlisted the services of a prostitute
he shall also suffer the penalty of temporary if he shared in the profits of the same,
absolute disqualification. (As amended by

Batas Pambansa Blg. 92).
NOTES:

he is still liable under Art. 341.

NOTES: • habituality not necessary element of white

• pursuant to he amendment, habituality or
abuse of authority or confidence is not
necessary.
• not necessary that the unchaste acts shall
have been done. (an act of a pimp who
facilitates the corruption of, and not the
performance of unchaste acts, upon the
minor, is what the law punishes)
• the victim must be of good reputation. note:
prostitute.
slave trade
• offender need not be the owner of the house
• maintainer or manager of house of ill-repute
need not be present therein at the time of
raid or arrest
• "UNDER ANY PRETEX," as when a woman
is serving as a maid, when in fact as a

not a prostitute or corrupted person.

MINOR

PERSON BELOW 21 YEARS OF AGE

NOTE: not below 18?

NOTE: read RA 7610


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LEWD DESIGNS MAY BE SHOWN BY THE

ABDUCTION
CONDUCT OF THE ACCUSED

ABDUCTION; defined
the taking away of a woman from her house or
the place where she may be
for the purpose of carrying her to
PERO:
the act of kissing only the offended party,
when he had opportunity to do further
unchaste design,
- does not constitute lewd design.

NOTE: intention to marry may constitute

another
with intent to marry or corrupt unchaste design, as when the accused knows
that the offended party cannot make a valid
her

2 KINDS OF ABDUCTION
consent.

1. forcible abduction HENCE: it also follows that intention to
2. consented abduction marry cannot be said to constitute
lewd designs,
- when both defendant and the woman
have the required age for consenting
FORCIBLE ABDUCTION

to marriage.

NOTE: if there are several defendants, it is

ART. 342
The abduction of any woman against her will
and with lewd designs shall be punished by
enough that one of them had lewd design.

NOTE: husband not liable for abduction of his

reclusion temporal.

The same penalty shall be imposed in every

wife, as lewd design is wanting

case, if the female abducted be under twelve NATURE OF THE CRIME OF FORCIBLE
ABDUCTION

years of age.

ELEMENTS
the act of the offender is violative if the
individual liberty of the abducted, her honor
1. that the person abducted is any woman,
regardless of her age, coil status or
and reputation and of public order.

reputation FORCIBLE GRAVE COERCION

2. that the abduction is against her will ABDUCTION

3. that the abduction is with lewd designs

NOTE
with lewd design no lewd design

the woman abducted may be married

THE FF ARE CRIMES AGAINST CHASTITY

WHERE AGE AND REPUTATION OF THE
VICTIM ARE IMMATERIAL
1. acts of lasciviousness against the will or
HENCE: when a victim was abducted, and
during the whole period the accused did not
molest or attempt to molest her
- only grave coercion

PROVIDED:
without the consent of the offended party
2. qualified seduction of sister or descendant there is no deprivation of liberty for

3. forcible abduction

appreciable length of time.

OTHERWISE:
AGAINST HER WILL
when force or intimidation is used by the
offender

it is kidnapping and serious illegal detention

NOTE: if the kidnapping is with lewd

- even though deceit was first employed

NOTE: if the female abducted is under 12

designs in the first place,
- it is forcible abduction with rape
-NOT kidnapping with rape
years of age, the crime is forcible
abduction, even if she voluntarily goes with

her abductor.

NOTE: sexual intercourse is not necessary in

FORCIBLE ABDUCTION WITH SEVERAL
ACTS OF RAPE
there can be only one complex crime of
forcible abduction:
IF THERE IS
forcible abduction with rape.

- complex crime of forcible abduction with rape

PROVIDED: the rape was committed

the subsequent acts of rape shall be
detached from and considered as
independent from forcible abduction.
under the circumstances... - separate and distinct crime.

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NO CRIME OF
COMPLEX CRIME OF FORCIBLE
ABDUCTION WITH ATTEMPTED RAPE
- the attempted rape is absorbed by forcible
abduction.
WHEN FORCIBLE ABDUCTION ONLY OR
RAPE ONLY (?)
• forcible abduction is absorb by rape, when
the abduction was purposely sought to rape
the victim
• forcible abduction, but the resistance to the
rape is not tenacious enough, only forcible
abduction
NOTE: pwede yung attempted forcible
abduction.
PROVIDED: lewd designs of the
accused is shown. ie. by grabbing the
waist of the victim etc.
NOTE: conviction of acts of lasciviousness,
NOT BAR to conviction for forcible
abduction.
different elements kasi.
CONSENTED ABDUCTION
ART. 343
The abduction of a virgin over twelve years
and under eighteen years of age, carried out
with her consent and with lewd designs, shall
be punished by the penalty of prision
correccional in its minimum and medium
periods.
ELEMENTS
1. that the offended party must be a virgin
2. that she must be over 12 and under 18
years of age
3. that the taking away of the offended party
must be with her consent after solicitation
or cajolery from the offender (honeyed
promises)
4. that the taking away of the offended party
must be with lewd designs
NOTE: the virginity here is also understood not
on its material sense.
NOTE: if the offended party is a virgin under
12 years of age;
- forcible abduction.
THE TAKING OF THE VICTIM NEED NOT
HAVE SOME DEGREE OF PERMANENCY
- no matter how short is the taking, the crime
exists.
NOTE: when no solicitation or cajolery and no
deceit and the girl voluntarily went with the
man,
- there is no crime committed even if they had
sexual intercourse.
186 of 205
ART. 343 REQUIRES
that the accused be an active physical
agency instrumental un causing the
female to leave or abandon her house
THE TAKING AWAY MUST BE WITH LEWD
DESIGNS
actual sexual intercourse is not required
PURPOSE OF THE LAW
not to punish the wring done to the girl
because she consents thereto
BUT: to prescribe punishment for the
disgrace to her family and the a,arm
caused therein by the disappearance
of the one who is, by her age and sex,
susceptible to cajolery and deceit.
COMPLEX CRIME OF
CONSENTED ABDUCTION WITH RAPE
ie.
the girl first consented to the abandon
her home, but when she was brought
to the house of the accused, she was
raped by 3 others, together with the
accused.
PROVISIONS RELATIVE TO
CHAPTER ELEVEN
Art. 344.
Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape
and acts of lasciviousness. —
The crimes of adultery and concubinage shall
not be prosecuted except upon a complaint
filed by the offended spouse.
The offended party cannot institute criminal
prosecution without including both the guilty
parties, if they are both alive, nor, in any case,
if he shall have consented or pardoned the
offenders.
The offenses of seduction, abduction, rape or
acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the offended
party or her parents, grandparents, or
guardian, nor, in any case, if the offender has
been expressly pardoned by the above named
persons, as the case may be.
In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the
offender with the offended party shall
extinguish the criminal action or remit the
penalty already imposed upon him. The
provisions of this paragraph shall also be
applicable to the co-principals, accomplices
and accessories after the fact of the above-
mentioned crimes.
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Art. 345. Art. 346.

Civil liability of persons guilty of crimes Liability of ascendants, guardians,

against chastity. —

Person guilty of rape, seduction or abduction,

teachers, or other persons entrusted with

the custody of the offended party. —

shall also be sentenced: The ascendants, guardians, curators, teachers

1. To indemnify the offended woman. and any person who, by abuse of authority or
2. To acknowledge the offspring, unless the confidential relationships, shall cooperate as
law should prevent him from so doing. accomplices in the perpetration of the crimes

3. In every case to support the offspring. embraced in chapters, second, third and
fourth, of this title, shall be punished as
The adulterer and the concubine in the case
provided for in Articles 333 and 334 may also
be sentenced, in the same proceeding or in a

principals.

Teachers or other persons in any other

separate civil proceeding, to indemnify for capacity entrusted with the education and

damages caused to the offended spouse.

NOTE: no civil liability for acts of

guidance of youth, shall also suffer the penalty
of temporary special disqualification in its
maximum period to perpetual special

lasciviousness

RATION WHY ONLY INDEMNITY IS

disqualification.

Any person falling within the terms of this

POSSIBLE IN ADULTERY AND article, and any other person guilty of
CONCUBINAGE corruption of minors for the benefit of another,
- as the acknowledgement of the shall be punished by special disqualification
offspring is not legally possible, as only
children born of pare ts who could
marry at the time of the conception

from filling the office of guardian.

CRIMES EMBRACED
could be acknowledged. (not sure 1. rape
here; ang alam ko lang, ay yung 2. acts of lasciviousness

legitimation)

MORAL DAMAGES
3. qualified seduction
4. simple seduction
5. acts of lasciviousness with the
• available in rape, abduction, consent of the offended party
seduction, or other acts of 6. corruption of minors
lasciviousness 7. white slave trade
• may be recovered also by the 8. forcible abduction
parents of the offended party.
awarded to both the offended party 9. consented abduction

and her parents.

NOTE: only civil indemnity is

allowed in rape of a married woman
- also, if the offended party is
married, the accused cannot be

made to support the offspring.

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without any introducing any child in the

TITLE TWELVE family,
CRIMES AGAINST THE
C I V I L S TAT U S O F - is not a simulation of birth

SIMULATION OF BIRTH; defined

PERSONS • when a woman pretends to be pregnant
when in fact she is not, and on the day of the
supposed delivery, takes the child to another
WHAT ARE THE CRIMES AGAINST THE
CIVIL STATUS OF PERSONS
1. simulation of birth, substitution of one child

as her own.

NOTE: woman who simulates birth

for another and concealment or and the one who furnishes the child
abandonment of a legitimate child
2. usurpation of civil status
3. bigamy

are both liable

NOTE: not a proper defense that the child will

4. marriage contracted against provisions of
law
5. premature marriage

benefit from the simulation of birth

SUBSTITUTING ONE CHILD OF ANOTHER

6. performance of illegal marriage ceremony - whether the substitution is in exchange of a

living or dead child.

CONCEALING OR ABANDONING ANY

SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS

LEGITIMATE CHILD

REQUISITES OF COMMITTING THIS

CRIME
1. the child must be legitimate
2. the offender conceals or abandons
SIMULATION OF BORTHS & such child
3. the offender has the intent to
USURPATION OF CIVIL cause such child to lose its civil
STATUS
status

NOTE: the child born must be living

ART. 347 and fully developed
The simulation of births and the substitution of - as a child born not capable of living
one child for another shall be punished by has no status, nor can he transmit any
prision mayor and a fine of not exceeding

1,000 pesos
rights whatsoever.

NOTE: the unlawful sale of the child by

The same penalties shall be imposed upon his father is not punishable under this
any person who shall conceal or abandon any
legitimate child with intent to cause such child
article.

to lose its civil status.

Any physician or surgeon or public officer who,

in violation of the duties of his profession or
office, shall cooperate in the execution of any
of the crimes mentioned in the two next
preceding paragraphs, shall suffer the
AS: ABANDONMENT IS DEFINED
UNDER THIS ARTICLE AS
- leaving the child at a public place
where other people may find it, and
causing the child to lose his status

CONCEALING A LEGITIMATE CHILD

penalties therein prescribed and also the MUST BE

penalty of temporary special disqualification. - for the purpose of causing it to lose
ACTS PUNISHED
1. simulation of births
its civil status

DISTINCTION FROM ABANDONMENT OF

2. substitution of one child for another
3. concealing or abandoning any legitimate
child with intent to cause such child to lose

MINOR

see the intention. if the accused is motivated

its civil status.

OBJECT OF THE CRIME

by his intention to affect the status of the child
abandoned, then it is art. 347.
the creation of false, or causing of the loss of,
if not, yung latter.

civil status.

HENCE: when a woman pretends to

be pregnant who in fact a sterile, and

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NOTE: if the purpose of the accused in
abandoning the child is against its life;
- infanticide, murder, parricide as the case
may be.
NOTE: physician or surgeon who cooperates
in the commission of these crimes is also
liable.
IF: he acts in violation of the duties of
his profession.
e panu kung hindi?
USURPATION OF CIVIL
STATUS
ART. 348
The penalty of prision mayor shall be imposed
upon any person who shall usurp the civil
status of another, should he do so for the
purpose of defrauding the offended part or his
heirs; otherwise, the penalty of prision
correccional in its medium and maximum
periods shall be imposed.
HOW COMMITTED
1. by assuming the filiation, or the parental or
all the essential requisites for validity
conjugal rights of another (mala cede)
2. with intent to enjoy the rights arising from
the civil status of another
CIVIL STATUS INCLUDES
1. public station
2. rights, duties, capacities and incapacities
which determined a person to a given class
HENCE: under Art. 328, it also
punishes usurpation of profession
HEAVIER PENALTY IF
the purpose of the offender is to defraud the
offended party and his heirs.
189 of 205
ILLEGAL MARRIAGES
BIGAMY
ART. 349
The penalty of prision mayor shall be imposed
upon 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 by means of a judgment
rendered in the proper proceedings.
ELEMENTS
1. that the offender has been legally married
(first marriage must be valid)
2. that the marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not be
presumed dead according to the Civil Code
3. that he contracts a second or subsequent
marriage
4. that the second subsequent marriage has
NOTE: nullity of marriage, not a defense in
bigamy charge.
T H E F F A R E C A U S E S W H I C H M AY
PRODUCE THE LEGAL DISSOLUTION OF
THE FIRST MARRIAGE
1. death of one of the contracting parties
2. judicial declaration annulling a void
marriage
3. judicial decree annulling a voidable
marriage
NOTE: death of the first spouse during
the pendency of the bigamy case does
not extinguish the crime.
EFFECT OF DIVORCE GRANTED BY
FOREIGN COURTS
applies only in mixed marriages, and when one
is naturalized to another nationality.
NOTE: if a filipino obtained a divorce in US,
and by such decree, relying in gf, contracted
subsequent marriage
- liable for Bigamy by Reckless Imprudence.
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NOTE: divorce by a Moro Datu according to

their customs and usages is not recognized.

BURDEN OF PROOF; as to the dissolution

MARRIAGE CONTRACTED
AGAINST PROVISIONS OF
of the first marriage LAWS

rests upon the defense

IN CASE OF PRESUMPTIVE DEATH ART. 350

subsequent marriage prior to judicial decree of The penalty of prision correccional in its
presumptive death of an absent husband medium and maximum periods shall be

- amounts to bigamy

NOTE: number of years required

before one can be presumed dead
• ordinarily 4 years
• EXE: 2 years if there is danger of
imposed upon any person who, without being
included in the provisions of the next
proceeding article, shall have not been
complied with or that the marriage is in
disregard of a legal impediment.

death.

PREJUDICIAL QUESTION
validity of the second marriage is a prejudicial
If either of the contracting parties shall obtain
the consent of the other by means of violence,
intimidation or fraud, he shall be punished by
the maximum period of the penalty provided in

question to bigamy

ETO DOUBTFUL AKO

the next preceding paragraph.

the accused was charged with bigamy.
during its pendency, accused filed an
annulment case against the second
marriage. the annulment was granted
IN: DE LA CRUZ vs.
EJERCITO 61 SCRA 1
cannot be held liable for
bigamy
impediment
ELEMENTS
1. that the offender contracted marriage
2. that he knew at the time that
• the requirement of the law were not
complied with; or
• the marriage was in disregard if a legal

- the judgment of annulment is
determinative of petitioner's
innocence and preludes a
verdict that he committed
QUALIFYING CIRCUMSTANCE
if either of the contracting parties obtained the
consent of the other
- by means of violence, intimidation or fraud

bigamy.

QUERY: the action is an

"WITHOUT BEING INCLUDED IN THE
PROVISIONS OF THE NEXT PRECEDING
ARTICLE"
annulment case, and not a
that the accused here must not be also be
petition for declaration of
nullity of marriage. two

liable for bigamy

different animal to diba?

LIABILITY OF THE SECOND SPOUSE

ex. when the accused married the
offended party knowing that there is no
marriage license to effect a valid
liable as an accomplice for the crime of
marriage.
bigamy, should he/she knew of the first
- in here, since no marriage license, no
marriage, before he married the accused-
bigamy may arise.

spouse.

ALSO: liable as an accomplice

- he is therefore liable under art. 350

NOTE: requirement of law for a valid

- person/witness who falsely vouched
marriage
for the capacity of either of the
1. legal capacity of the contracting parties who

contracting parties

NOTE: bigamy is not a private crime, but a

must be male and a female
2. consent freely given in the presence of the
solemnizing officer
public offense
3. authority of the solemnizing officer

HENCE: it can be prosecuted by anyone

NOTE: a person convicted of bigamy may

4. a valid marriage license, exe in marriages
of exceptional character
5. a marriage ceremony which take place with

still be prosecuted for concubinage.
the appearance of the contracting parties
before the solemnizing officer, and their
personal declaration that they take each
other as husband and wife in the presence

of not less than 2 witnesses of legal age.

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NOTE: ART. 350, involves moral turpitude.

so beware!
PREMATURE MARRIAGE
ART. 351
Any widow who shall marry within three
hundred and one day 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, shall be punished by
arresto mayor and a fine not exceeding 500
PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
ART. 352
Priests or ministers of any religious
denomination or sect, or civil authorities who
shall perform or authorize any illegal marriage
ceremony shall be punished in accordance
with the provisions of the Marriage Law

OFFENDER HERE IS A PERSON

pesos.

The same penalties shall be imposed upon

any woman whose marriage shall have been
annulled or dissolved, if she shall marry before
her delivery or before the expiration of the
period of three hundred and one day after the
AUTHORIZED TO SOLEMNIZED MARRIAGE
OTHERWISE:
if the offender has not authority to solemnize
the marriage in the first place, he is liable
under Art. 177 (Usurpation of Authority)

GF A DEFENSE

legal separation.

PERSONS LIABLE FOR PREMATURE

hence; when a priest solemnized a marriage
where one of the party is a minor, which he
has no knowledge of, he is not liable under Art.
MARRIAGE
1. a widow who married within 301 days from
the date of the death of her husband,or

352.

before having delivered if she is pregnant

at the time if his death
2. a woman who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the
period of 301 days after the date of the

legal separation.

301 DAYS (10 MONTHS)

admits the possibility that a woman may be

pregnant for more than 9mos.

RATION OF 301 DAYS

to prevent confusion in connection with filiation
and paternity, inasmuch as the widow might
have conceived and become pregnant by her

late husband

PURPOSE WHY PUNISHABLE

to prevent doubtful paternity

WHEN 301 DAYS BECOMES IMMATERIAL

when the previous husband is sterile or

impotent.

NOTE: if the woman is already

pregnant.
- the prohibition shall last only up to

her delivery

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ELEMENTS
TITLE THIRTEEN 1. that there must be an imputation of a crime,
CRIMES AGAINST HONOR or of a vice or defect, real or imaginary, or

THE FF ARE CRIMES AGAINST HONOR
any act, omission, status or circumstance
2. that the imputation must be made publicly
3. that it must be malicious
1. libel by means of writing or similar means 4. that the imputation must be directed at a
2. threatening to publish and offer to prevent natural or juridical person, or one who is
such publication for a compensation dead (offended party must be properly
3. prohibited publication of acts referred to in identified)
the course of official proceedings 5. that the imputation must tend to cause the
4. slander dishonor, discredit or contempt of the
5. slander by deed
6. incriminating innocent person
7. intriguing against honor
person defamed.

THE FF ARE DEFAMATORY IMPUTATION

1. crime allegedly committed by the offended
party
2. vice or defect, real or imaginary, of the
LIBEL offended party
3. any act, omission, condition, status or

circumstance relating to the offended party.

TEST OF DEFAMATORY CHARACTER OF

LIBEL; defined
THE WORD USED

ART. 353
WORDS calculated to induce the hearers
• to suppose and understand that the
person against whim they were uttered
A libel is was guilty of certain offense, or
public and malicious imputation of • are sufficient to impeach his honesty,
• a crime, or of a vice or defect, real or virtue or reputation, or to hold him up to
imaginary, or
• any act, omission, condition, status, or
circumstance
public ridicule

NOTE: the meaning of the writer is

tending to cause the
1. dishonor,
2. discredit, or

immaterial.

HENCE: lack of malice is not a

3. contempt of a natural or juridical
person, or
4. to blacken the memory of one who

defense.

IMPUTATION OF A CRIME MAY BE

is dead.

LIBEL UNDER ART. 353 IS PROPER

IMPLIED FROM THE ACTS AND
STATEMENTS OF THE ACCUSED
hence: one may be held guilty for

TERMED AS DEFAMATION

DEFAMATION
defamation, even though the accused
did not directly called the offended
party a thief, but the implication of his
committed b means of writing, printing, acts and statements are clearly to that
l i t h o g r a p h y, e n g r a v i n g , r a d i o ,
phonograph,painting or theatrical or
cinematographic exhibition, or any

effect.

parang may mga pasakalye and

similar means. suppositions.
- "sabi nila mangnanakaw si erap,
IF ORAL DEFAMATION

- it is called slander
malay natin?"

NOTE: imputation of criminal

NOTE: calumny, insult and libel; all the same

NOTE: seditious libel punishable under Art.

intention not libelous.
- as intent to commit a
crime is not a violation

142 of law.
- more or less, a mere
RATION WHY PUNISHABLE
private reputation is as much a constitutional expression of opinion.

right as the possession of life, liberty or

property

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 THE AWESOME NOTES 193 of 205
CRIMINAL LAW
BOOK II

EXPRESSION OF OPINION; not libelous OFFENDED PARTY MUST BE PROPERLY

opinion based on actual facts
PROVIDED: that the communication
must be made in the performance of a
IDENTIFIED
HENCE: no defamation when
"ang mga taga chinese ay &@)&8)$!"

legal, moral or social duty.

IMPUTATION OF VICE
RATION:
defamatory imputations directed at a class or
group of persons in general language are not

ie. lascivious and immoral habit.

I M P U TAT I O N O F A C T A N D
actionable.
AS: it must be shown that at least a
3rd person could identify him as the
OMISSION object of the libelous publication,
ie. nang hiram ng pera at di
mabaydbayaran, when in fact, there is although he is not named.

no such loan.

I M P U TAT I O N O F S TAT U S ,
EXE: when the defamatory remarks
directed at a group of persons are all-
embracing as to apply to every
CONDITION OR CIRCUMSTANCES individual in that group or sufficiently
ie. bastard, leper,
- basta: which would open the
offended party to public contempt and

specific for the victim to be identified

NOTE: libel punished in different parts may

ridicule

PUBLICATION; defined
the communication of the defamatory matter to
be taken together to establish the
identification of the offended party.
ie. una, defamatory article without pointing a
specific person. sumond, caricature, with the

some third person or persons

covers: mere delivery of a libelous

face of the offended party, referring to the

previous article.

article to a typesetter

PERO: if on a sealed enveloped,

I T I S D E FA M AT O RY W H E N T H E
IMPUTATION IS SUFFICIENT OR TEND TO
CAUSE
sending through a messenger 1. dishonor (disgrace, shame, ignominy)

- no publication

THERE MUST BE MALICE

2. discredit (loss of credit or reputation,
disesteem)
3. contempt (state of being despised) of

EITHER: malice in fact or malice in law

MALICE IN FACT
natural or juridical person
4. to blacken the memory of one who is dead

- shown by proof of ill-will, or purpose to injure.

ie. republication of defamatory article

NOTE: a libel on 2/more persons
contained in one writing and
published by a single act
subsequent to the commencement of - constitute only a single offense of

the action based thereon

MALICE IN LAW

libel

ie. kayo mga arroyo politicians ay mga

- presumed from a defamatory imputations., mangnanakaw, &$)&$)&$!

due to its grossness.

HENCE: proof of malice is not req

- since the designation is by their
common surname and not separately
mentioned, only one information for

here.

WHEN PRESUMPTION OF MALICE

libel lang.

NOTE: but should the accused

DOES NOT APPLY defamed 2 persons on the same

in privileged communications

THEREFORE: good faith, or when done by

date and at the same place
there are as many offense as there
were persons defamed.


mistake, does not amount to libel.

prepared by: ronie ablan
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
REQ FOR PUBLICATION
ART. 354
Every defamatory imputation is presumed to
be malicious, even if it be true, if no good
intention and justifiable motive for making it is
shown, except in the following cases:
1. A private communication made by any
person to another in the performance of
any legal, moral or social duty; and
2. A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official
proceedings which are not of confidential
nature, or of any statement, report or
speech delivered in said proceedings, or of
any other act performed by public officers in
the exercise of their functions.
Every defamatory imputation is presumed
to be malicious, even if it be true,
EXE: accused able to show
1. good intention; and
2. justifiable motives
HENCE:
• pag sinabihan ni A si B na magnanakaw si C,
when in fact ex-convict si C for theft, still A is
liable for libel. presumed made with malice
kasi.
• pero pag sinabihan ni A si B, kasi balak i-hire
ni B si C as security guard; no liability.
WHEN PRESUMPTION OF MALICE IS
REBUTTED
when the accused is able to show that
1. the defamatory imputation is true, in case
the law allows proof of the truth of the
imputation
2. it is published with good intention; AND
the charge to be true
3. there is justifiable motive for making it.
WHEN MALICE IS NOT PRESUMED
(PRIVILEGE COMMUNICATIONS)
1. private communication made by any person
to another in the performance of any legal,
moral or social duty
2. a fair and true report, made in gf, and
without any comments or remarks, of any
judicial, legislative, or other official
proceedings which are not of confidential
nature, or of any statement, report, or
speech delivered in such proceedings, or of
any other act performed by public officers in
the exercise of their functions.
defamatory imputation.
2 KINDS OF PRIVILEGE
COMMUNICATION
194 of 205
ART. 1 OF ART. 354
A private communication made by any
person to another in the performance of
any legal, moral or social duty;
PRIVATE COMMUNICATION
HENCE: if made in a public meeting; it loses its
privilege nature
REQUISITES
1. t h a t t h e p e r s o n s w h o m a d e t h e
communication had legal, moral, social duty
to make the communication, or at least, he
had an interest to be upheld.
2. that the communication is addressed to an
officer or a board, or superior, having some
interest or duty in the matter.
3. that the statement in the communication
are made in gf without malice (in fact)
P R I VAT E C O M M U N I C AT I O N I N T H E
PERFORMANCE OF A LEGAL/MORAL/
SOCIAL DUTY
DEPENDS: upon the relationship of the sender
and the recipient of the communication.
• communication must be addressed to an
officer or superior having some interest or
duty in the matter
• or even made to a wrong person, but done in
gf
• BUT unnecessary publicity destroys gf
NOTE: but a statement of privilege
communication (qualified), is a matter of
defense only.
P R I V I L E G E D C O M M U N I C AT I O N I S
OVERCOME BY SHOWING THAT
1. the defendant acted with malice in fact; or
2. there is no reasonable ground for believing
MALICE IN FACT; is proved by
• extrinsic evidence that the
defendant bore a grudge against the
offended party
• that there was rivalry or ill-feeling
between them which existed at the
date of the publication of the
defamatory imputation
• that the defendant had an intention
to injure the reputation of the
offended party as shown by the
words used and the circumstances
attending the publication of the
NO REASONABLE GROUND FOR
BELIEVING THE CHARGE TO BE
TRUE
when accused admitted that in making
the defamatory imputation, he merely
relies on rumors and that he never
personally investigated the matter.
prepared by: ronie ablan
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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
EXE:
even if found to be false, if there is
probable cause for belief in the truth of
the matter charge,
- not libelous
PROVIDED FURTHER
1. made in gf and
2. under an honest sense of
PAR. 2 ART. 354
duty
matter of public interest
A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official
proceedings which are not of confidential
nature, or of any statement, report or
speech delivered in said proceedings, or of
any other act performed by public officers
in the exercise of their functions.
REQUISITES
1. that it be fair and true report, of any judicial,
legislative or other official proceedings
which are not of confidential nature, or of
any statement, report or speech delivered
in said proceedings, or of any other act
performed by public officers in the exercise
of their functions
2. made in gf
established.
3. without any comments or remarks
THE REPORT MUST BE FAIR AND TRUE
THAT IS: he is merely narrating what had
taken place
HENCE: any suppositions and
omission, shall make one liable for
libel should the report becomes
libelous as a consequence.
THE REPORT WITH COMMENTS OR
REMARKS IS NOT PRIVILEGED.
S TAT E M E N T S M A D E I N J U D I C I A L
PROCEEDINGS
• true report of judicial proceedings is privilege.
Malice must be shown by the prosecution in
order to establish otherwise
• allegations and averments in pleadings are
absolutely privilege. BUT ONLY; when they
are relevant or pertinent to the issues.
• same rule as above as to the statements
made by counsel, parties and witnesses.
NOTE: publication of confidential record
containing libelous matter should not be
published
- its publication will make one liable for libel
NOTE: SOTTO SITUATION
REMARKS AND COMMENTS ON THE
CONDUCT OR ACTS OF A PUBLIC
OFFICERS RELATED TO THE DISCHARGE
OF THEIR OFFICIAL DUTIES
ie. FACE TO FACE.
WILL NOT constitute libel
195 of 205
PROVIDED
1. it relates to the discharge of his
official functions (as the conduct or
acts of public officers which are
related to the discharge of their
official duties are matters of public
interest)
2. that such is a fair comment on a
HENCE: if directed against the private
life of a public officer; pwede na syang
defamatory.
WHEN A STATEMENT IS A FAIR
COMMENT
• when the opinion is based on an
established fact, no matter that the
opinion is mistaken so long as it
might be reasonably inferred from
the facts, still a fair comment.
• but when it is based on false
allegation of facts, or expression of
opinion based upon mere
conjecture, malicious intent is
NOTE: same rules as to fair comment
on qualifications of candidates.
- covers mental, moral and physical
fitness of the candidate may be
subjected to such comment.
US VS BUSTOS
DEAR SEN. SOTTO
the policy of a public official may be
attacked, rightly or wrongly, with every
argument which ability can find or
ingenuity invent. on the other hand, a
public officer must not be too thing-
skinned with reference to comment
upon his official acts. only thus can the
i n te l l i g e n c e a n d d i g n i ty o f th e
individual be exalted. the public officer
may suffer under a hostile and an
unjust accusation; the wound can be
assigned with the balm of a clear
conscience.
sincerely.
seriously sincerely.
STATEMENTS MADE IN SELF-
DEFENSE OR IN MUTUAL
CONTROVERSY ARE OFTEN
PRIVILEGE.
PROVIDED: done in gf and without
malice, while defending himself.
parang response lang sa
defamatory statements against
him.
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 THE AWESOME NOTES 196 of 205
CRIMINAL LAW
BOOK II

HENCE: the publication of a libel of the NOTE: defamation through amplifier is not a
plaintiff is NO legal justification of

another libel by the defendant
libel, BUT an oral defamation

RATION: cannot be liken as libel

PERO IN ONE CASE: CA case lang through radio, as, radio used in art.
ito ha! 355 is a term used associated with
the person libeled is justified to hit writing, publishing, etc, which is a
back with another libel

- as a sort of self-defense;
permanent form of publication.

HENCE: if made on television, it is

while ordinarily, oag physical, a
retaliation to a physical assault which
had long ceased can no longer be

libel.

NOTE: civil action for damages may be filed

regarded as self-defense simultaneously and separately with the criminal
BUT: if the assault is directed at a
person's good name, its sting clings
and the ine thus defamed may avail

action

NOTE: threats and libel contained in the

himself of all necessary means to same act.

shake it off.

PROVIDED:
THE LIBEL IS ABSORBED BY THE THREAT
• intent to threaten is the principal aim
• the libelous remarks express the heat of
the defamatory statements made by passion which engulf the writer of the letter, a
the accused must be a fair answer to preparatory remark culminating in the final
the libel made by the supposed threat.
offended party and must be related to
the imputation made.
- hence; if no connection whatsoever THREATENING TO PUBLISH
from the previous libel, it is only but a
pure retaliation or vindictiveness. and AND OFFER TO PREVENT
such cannot serve as a basis of self - SUCH PUBLICATION

defense.

NOTE: publishing that a restaurant had

FOR A COMPENSATION

attempted to sell a putrid fowl to its patrons is ART. 356

not an actionable wrong.
- as the public had the undeniable right to
know and the same is true.
LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
The penalty of arresto mayor or a fine from 200
to 2,000 pesos, or both, shall be imposed upon
any person who threatens another to publish a
libel concerning him or the parents, spouse,
child, or other members of the family of the
latter or upon anyone who shall offer to prevent
the publication of such libel for a compensation

ART. 355

or money consideration.

ACTS PUNISHED
A libel committed by means of writing, printing, 1. by threatening another to publish a libel
lithography, engraving, radio, phonograph, concerning him, or his parents, spouse,
painting, theatrical exhibition, cinematographic child or other members of his family
exhibition, or any similar means, shall be 2. by offering to prevent the publication of
punished by prision correccional in its
minimum and medium periods or a fine ranging
from 200 to 6,000 pesos, or both, in addition to
such libel for compensation

BLACKMAIL; defined
the civil action which may be brought by the any unlawful extortion of money by thats of

offended party.

LIBEL MAY BE COMMITTED BY ANY OF HE

accusation or exposure.

---- hush money

FF MEANS: IN WHAT FELONIES BLACKMAIL IS

1. writing POSSIBLE
2. printing 1. light threats
3. lithography 2. art. 356

4. engraving
5. radio
6. phonograph
7. painting
8. theatrical exhibition
9. cinematographic exhibition; or
10. any similar means

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
PROHIBITED PUBLICATION OF
ACTS REFERRED TO IN THE
COURSE OF OFFICIAL
PROCEEDINGS
ART. 357
The penalty of arresto mayor or a fine of from
20 to 2,000 pesos, or both, shall be imposed
upon any reporter, editor or manager or a
newspaper, daily or magazine, who shall
publish facts connected with the private life of
another and offensive to the honor, virtue and
reputation of said person, even though said
publication be made in connection with or
under the pretext that it is necessary in the
narration of any judicial or administrative
proceedings wherein such facts have been
mentioned.
ELEMENTS
1. that the offender is a reporter, editor, or
manager of a newspaper daily or magazine
2. that he publishes facts connected with the
private life of another
3. that such facts are offensive to the honor,
virtue and reputation of said person.
NOTE:
PROHIBITION APPLIES EVEN
- said publication be made in connection with
or under the pretext that it is necessary in the
narration of any judicial or administrative
proceedings wherein such facts have been
mentioned.
offense and insulting nature
ART. 357 PERTAINS TO GAG LAW
covers publication of matter related to
- adultery, divorce, issues about legitimacy of
children etc.
REQUISITES TO CONSTITUTE
VIOLATION OF GAG LAW
1. t h a t t h e a r t i c l e p u b l i s h e d
contained facts connected with the
private life of an individual
offended party
2. that such facts are offensive to the
honor, virtue and reputation of said
person
HENCE: to constitute violation of this
article, the libelous remarks must relate to
the private life of the offended party and
such is offensive to his honor, reputation.
ie. publication of the testimony of the witness
regarding the commission of theft or murder
- not punishable. does not relate to his private
life.
197 of 205
SOURCE OF NEWS REPORT MAY NOT BE
REVEALED
UNLESS:
the court of a House or committee of Congress
finds that such revelation us demanded by the
security of the state.
NOTE: interest of the state, changed
to:
SECURITY OF THE STATE.
ie: while the news story about the
alleged leakage of bar examination
questions affects the interest of the
state, it does not involve the security of
SLANDER
ART. 358
the state.
Oral defamation shall be punished by arresto
mayor in its maximum period to prision
correccional in its minimum period if it is of a
serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not
exceeding 200 pesos.
SLANDER; defined
oral defamation
2 KINDS OF ORAL DEFAMATION
1. simple slander
2. grave sander, when it is of a serious
FACTORS THAT DETERMINE THE GRAVITY
OF ORAL DEFAMATION
1. expression used
2. the personal relations of the accused and
the offended party
3. the circumstances surrounding the case;
and
4. social standing and the position of the
HENCE: if imputed against a
President, Senator, et. al, grave
slander sya.
NOTE: when the accused uttered that the
offended party is living successively with
several men in front of several persons, t may
be simple slander, if the purpose of the
accused is to correct the behavior of the
offended party. otherwise, grave slander.
NOTE: slanderous remarks made on the heat
of anger, with some provocation from the
offended party
- simple slander (light felony)
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 THE AWESOME NOTES 198 of 205
CRIMINAL LAW
BOOK II

NOTE: defamation uttered in political meeting,

SLANDER BY ACTS OF
committed on the eve of the election, is a
DEED LASCIVIOUSNESS
simple slander. (feelings running high)
NOTE: the word puta does not impute that committed by the with lewd design
the complainant is a prostitute accused to cast
being a common expression in dialect that is dishonor on the girl
often employed to express anger or

displeasure.

NOTE: slander need not be heard by the

SLANDER BY
DEED
MALTREATMENT

offended party. if the offended party maltreatment talaga

suffered from shame lang.
or humiliation by
SLANDER BY DEED

such maltreatment

ie. sinabunutan yung

ART. 359 school teacher in
The penalty of arresto mayor in its maximum front of her students
period to prision correccional in its minimum
period or a fine ranging from 200 to 1,000
pesos shall be imposed upon any person who

SLANDER BY ACTS OF UNJUST
shall perform any act not included and DEED LASCIVIOUSNE VEXATION
punished in this title, which shall cast dishonor, SS
discredit or contempt upon another person. If
said act is not of a serious nature, the penalty in addition to in addition to when the acts of
irritation, it is irritation, the the accused is
shall be arresto menor or a fine not exceeding attended by accused's act is intended to

200 pesos.

SLANDER BY DEED; defined

publicity and
causes dishonor
or contempt
with lewd design
and attended
with any of the
- annoy or cause
irritation

circumstances
is a crime against honor, which is committed by provided in art.
- performing any act which casts dishonor, 335

discredit or contempt upon another person
ELEMENTS
1. that the offender performs any act not
included in any other crime against honor
2. that such act performed in the presence of
other person/s
3. that such act casts dishonor, discredit or
contempt upon the offended party
SLANDER BY DEED; when offended party's
complaint not necessary
1. when the slander does not impute the ff
crime: adultery, concubinage, seduction,
abduction, rape or acts of lasciviousness
2. when the slander does not impute any
crime, public or private, to the offended

2 KINDS OF SLANDER BY DEED party.

1. simple slander by deed; and NOTE: moral damages awarded do not

2. grave slander by deed (serious nature)

determine the jurisdiction of the court!

NOTE: slander by deed refers to

performance of an act, NOT use of words

HENCE:
• slapping the face of another is slander by
deed, if the intention of the accused is to
cause shame and humiliation
• fighting the offended party with intention to

insult is also a slander by deed

SERIOUSNESS OF SLANDER BY DEED IS

DETERMINED IN CASE TO CASE BASIS
• if he accused in doing so (spitting on the face
of the offended party), was because of he
insult given to him and was incensed beyond
endurance, slight slander by deed
• but if the accused committed such act not as
a natural result but deliberately done, grave
slander by deed.


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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
GENERAL PROVISIONS
(for libel)
PERSONS RESPONSIBLE
ART. 360
Any person who shall publish, exhibit, or cause
the publication or exhibition of any defamation
in writing or by similar means, shall be
responsible for the same.
The author or editor of a book or pamphlet, or
the editor or business manager of a daily
newspaper, magazine or serial publication,
shall be responsible for the defamations
contained therein to the same extent as if he
were the author thereof.
The criminal and civil action for damages in
cases of written defamations as provided for in
publication.
this chapter, shall be filed simultaneously or
separately with the court of first instance of the
province or city where the libelous article is
printed and first published or where any of the
offended parties actually resides at the time of
the commission of the offense: Provided,
however, That where one of the offended
parties is a public officer whose office is in the
City of Manila at the time of the commission of
the offense, the action shall be filed in the
Court of First Instance of the City of Manila, or
of the city or province where the libelous article
is printed and first published, and in case such
public officer does not hold office in the City of
Manila, the action shall be filed in the Court of
First Instance of the province or city where he
held office at the time of the commission of the
the article was first published
offense or where the libelous article is printed
and first published and in case one of the
offended parties is a private individual, the
action shall be filed in the Court of First
Instance of the province or city where he
actually resides at the time of the commission
of the offense or where the libelous matter is
printed and first published: Provided, further,
That the civil action shall be filed in the same
court where the criminal action is filed and vice
versa: Provided, furthermore, That the court
where the criminal action or civil action for
damages is first filed, shall acquire jurisdiction
to the exclusion of other courts: And, provided,
finally, That this amendment shall not apply to
cases of written defamations, the civil and/or
criminal actions which have been filed in court
at the time of the effectivity of this law.
Preliminary investigation of criminal action for
written defamations as provided for in the
chapter shall be conducted by the provincial or
city fiscal of the province or city, or by the
199 of 205
municipal court of the city or capital of the
province where such action may be instituted
in accordance with the provisions of this article.
No criminal action for defamation which
consists in the imputation of a crime which
cannot be prosecuted de oficio shall be
brought except at the instance of and upon
complaint expressly filed by the offended party.
(As amended by R.A. 1289, approved June 15,
1955, R.A. 4363, approved June 19, 1965).
THE PERSONS RESPONSIBLE FOR LIBEL
1. the person who publishes, exhibits or
causes the publication or exhibition of any
defamation in writing or similar means
2. the author or editor of a book or pamphlet
3. the editor or business manager of a daily
newspaper magazine or serial publication
4. the owner of the printing plant which
publishes a libelous article with his consent
and all other persons who in any way
participates in or have connection with its
NOTE: liability of the editor is the same as the
author (CA case lang to ha)
VENUE
1. if the offended party is a private individual;
it may be filed either at the place where the
libelous article was first published or where
any of the offended party/ies actually
resides at the time of the commission of the
offense
2. if one of the offended party is a public
officer, and his office is situated in the City
of Manila at the time of the commission of
the offense; criminal action may be filed
either in RTC Manila or in the RTC where
NOTE: civil and criminal action must be filed in
the same court
NOTE: the criminal complaint for defamation
must be filed by the offended party.
HOWEVER: libel imputing a vice or defect, not
being an imputation of a crime (adultery,
concubinage, etc as provided in the rules of
court)
- is always prosecuted upon information signed
and filed by the fiscal
DAMAGES IN DEFAMATION
1. Actual damages; need not be proved where
the publication is libelous per se.
2. exemplary damages; if the action is based
on quasi delict (made with actual malice,
knowledge of the falsity or with reckless
disregard of whether it was false or not)
3. Moral damages
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 THE AWESOME NOTES 200 of 205
CRIMINAL LAW
BOOK II

REQUISITES OF DEFENSE IN DEFAMATION

PROOF OF TRUTH
ART. 361
In every criminal prosecution for libel, the truth
may be given in evidence to the court and if it
appears that the matter charged as libelous is
(PROOF OF TRUTH TO BE ADMISSIBLE)
1. it appears that the matter charged as
libelous true
2. it was published with good motives; and
3. for justifiable ends

R E T R O A C T I O N M AY M I T I G AT E T H E
true, and, moreover, that it was published with DAMAGES
good motives and for justifiable ends, the PROVIDED:

defendants shall be acquitted.

Proof of the truth of an imputation of an act or

• the retroaction should contain an admission
of the falsity of the libelous publication and
• evince a desire to repair the wrong
omission not constituting a crime shall not be
admitted, unless the imputation shall have
been made against Government employees
occasioned thereby.

NOTE: defense of honest mistake; only

with respect to facts related to the discharge of mitigates the penalty, as when the article is

their official duties.

In such cases if the defendant proves the truth

libel per se.
ie. when the accused informed the defendant
of the mistake, but took no action to correct it.
of the imputation made by him, he shall be

acquitted.

PROOF OF TRUTH IS ADMISSIBLE IN THE LIBELOUS REMARK

FF:
1. when the act or omission imputed
constitutes a crime regardless of whether
the offended party is a private individual or
a public officer
2. when the offended party is a Government
employee, even if the act or omission
imputed does not constitute a crime
provided, it is related to the discharge of his
ART. 362
Libelous remarks or comments connected with
the matter privileged under the provisions of
Article 354, if made with malice, shall not
exempt the author thereof nor the editor or
managing editor of a newspaper from criminal
liability.

official duties

ie for number 2
LIBELOUS REMARKS OR COMMENTS ON
MATTERS PRIVILEGE; if made with malice,

accused published an article that Mayor is an

alcoholic. should the Mayor press charge

do not exempt the author and editor

ie: newspaper reporter distorting facts

against the accused, the accused may prove
the truth of the charge.
but if the imputation, ie. babaero, which does

connected with official proceedings.

not relate nor affect the discharge of the

function of a Mayor, the accused cannot prove

the truth thereof

IF HE ACCUSED WAS ABLE TO PROVE

THE TRUTH

acquittal

PROOF OF TRUTH
MUST BE BASED:
upon positive, direct evidence, which definite

finding may be made by the court.

NOT: based on hearsay or suspicion

NOTE: LIMITED ONLY TO:

1. act or omission constituting a
crime; or
2. act or omission of a public officer
which, although not constituting a
crime, is related to the discharge

of his duties

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 THE AWESOME NOTES 201 of 205
CRIMINAL LAW
BOOK II

ART. 363 IS LIMITED TO

planting evidence and the like, which tends to
INCRIMINATORY MACHINATION

directly cause false prosecution.

COMPLEX CRIME OF INCRIMINATING

INNOCENT PERSON THROUGH
F E L O N I E S U N D E R I N C R I M I N AT O RY
UNLAWFUL ARREST.
MACHINATION
NOTE: in here, may planting of evidence,
1. incriminating innocent person
which makes seemingly possible the arrest
2. intriguing against honor
(unlawful)
-AS SUCH: the unlawful arrest here
cannot be said as distinct form
INCRIMINATING INNOCENT incriminating innocent person.
PERSON

ART. 363 INTRIGUING AGAINST HONOR

Any person who, by any act not constituting
perjury, shall directly incriminate or impute to
an innocent person the commission of a crime,

shall be punished by arresto menor.

ELEMENTS
ART. 367
The penalty of arresto menor or fine not
exceeding 200 pesos shall be imposed for any
1. that the offender performs an act intrigue which has for its principal purpose to
2. that by such act he directly incriminates or
imputes to an innocent person the
commission of a crime

blemish the honor or reputation of a person.

HOW COMMITTED

3. that such act does not constitute perjury when a person make any intrigue which has
for its principal purpose to blemish the honor or

INCRIMINATING
INNOCENT PERJURY

reputation of another

INTRIGUING AGAINST HONOR IS

PERSON any scheme or plot by means which consist

committed by:
performing an act by
committed by:
falsely made

of some trickery

INTRIGUING INCRIMINATING
which the offender imputation before an AGAINST HONOR INNOCENT
directly incriminates officer PERSON
or imputes to an
innocent person the blemishing the literal.
commission of a honor or reputation
crime of another
limited to planting giving false
evidence and the statement under INTRIGUING DEFAMATION
like oath or making a AGAINST HONOR
f a l s e a f fi d a v i t ,
imputing to a person by trickery and public and malicious
the commission of
an offense
secret plot.

HENCE: gossiping
imputation of a
crime, or a vice or
defect, real or
which is done by imaginary, or any act
INCRIMINATORY DEFAMATION availing directly of or omission,
MACHINATION spoken words, is not condition, status or
intriguing against circumstances,
offender does not imputation made by honor. tending to cause
avail himself of the offender must be dishonor, discredit or
written or spoken public and contempt a natural
words in malicious; and or juridical person,
besmirching the calculated to cause or to blacken the
victim's reputation dishonor, contempt.. memory of one who

us dead

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 THE AWESOME NOTES 202 of 205
CRIMINAL LAW
BOOK II

TITLE FOURTEEN
INTRIGUING
AGAINST HONOR
SLANDER QUASI-OFFENSES
when the source or source of the
the author of the derogatory remarks INTRIGUING AGAINST HONOR
d e r o g a t o r y is known and the
information cannot accused adopted it
be determined and and passes it to
the defendant another ART. 365
borrows the same - for the purpose of Art. 365. Imprudence and negligence. — Any
and, without causing dishonor to person who, by reckless imprudence, shall
subscribing to the complainant's commit any act which, had it been intentional,
truth thereof, passes reputation would constitute a grave felony, shall suffer the
it to others penalty of arresto mayor in its maximum period
to prision correccional in its medium period; if it
would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and
medium periods shall be imposed; if it would
have constituted a light felony, the penalty of
arresto menor in its maximum period shall be

imposed.

Any person who, by simple imprudence or

negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer
the penalty of arresto mayor in its medium and
maximum periods; if it would have constituted
a less serious felony, the penalty of arresto

mayor in its minimum period shall be imposed.

When the execution of the act covered by this

article shall have only resulted in damage to
the property of another, the offender shall be
punished by a fine ranging from an amount
equal to the value of said damages to three
times such value, but which shall in no case be

less than twenty-five pesos.

A fine not exceeding two hundred pesos and

censure shall be imposed upon any person
who, by simple imprudence or negligence,
shall cause some wrong which, if done
maliciously, would have constituted a light

felony.

In the imposition of these penalties, the court

shall exercise their sound discretion, without
regard to the rules prescribed in Article sixty-

four.

The provisions contained in this article shall

not be applicable:
1. When the penalty provided for the offense
is equal to or lower than those provided in
the first two paragraphs of this article, in
which case the court shall impose the
penalty next lower in degree than that
which should be imposed in the period
which they may deem proper to apply.
2. When, by imprudence or negligence and
with violation of the Automobile Law, to
death of a person shall be caused, in which
case the defendant shall be punished by

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 THE AWESOME NOTES
CRIMINAL LAW
BOOK II
prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but
without malice, doing or falling to do an act
from which material damage results by reason
of inexcusable lack of precaution on the part of
the person performing of 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 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.
The penalty next higher in degree to those
provided for in this article shall be imposed
upon the offender who fails to lend on the spot
to the injured parties such help as may be in
this hand to give. (As amended by R.A. 1790,
approved June 21, 1957).
4 WAYS OF COMMITTING QUASI-OFFENSE
1. through reckless imprudence any act
which, had it been intentional, would
constitute a grave or less grave felony or
light felony
2. through simple imprudence or negligence
an act which would otherwise constitute a
grave or less serious felony
3. causing damage to the property of another
through reckless imprudence or simple
imprudence/negligence
4. causing through simple imprudence or
negligence some wrong which if done
maliciously, would have constituted a light
felony.
person, time and place.
NOTE:
IF THE ACT PERFORMED WOULD NOT
CONSTITUTE A GRAVE, LESS GRAVE OR
LIGHT FELONY; no criminal liability
NO BASIS KASI
- as crime can be committed only either by
dolo or culpa.
IMPRUDENCE OR NEGLIGENCE IS NOT A
CRIME IN ITSELF. IT IS ONLY A WAY OF
COMMITTING THE OFFENSE
NOTE:
no simple imprudence when it causes the
death of another person. it is reckless
imprudence.
simple imprudence is used only when such
causes damage to property.
NOTE: no double indemnity. civil and
criminal case.
203 of 205
IMPRUDENCE; defined
indicates a deficiency of action
-failure of precaution
NEGLIGENCE; defined
indicated deficiency of perception
- failure of advertence
RECKLESS IMPRUDENCE; defined
voluntary, but without malice, doing or failure to
do an act from which material damage results
by reason of inexcusable lack of precaution on
the part of the person performing or failing to
perform such act
taking into consideration
• his employment or occupation,
• degree of intelligence,
• physical condition and
• other circumstances regarding
person, time and place.
SIMPLE IMPRUDENCE; defined
lack of precaution displayed in those cases in
which the damage impending to be caused is
not immediate nor the danger clearly manifest.
ELEMENTS OF RECKLESS IMPRUDENCE
1. the offender does or fails to do an act
2. the doing of or the failure to do that act is
voluntary
3. it be without malice
4. material damage results
5. that there is inexcusable lack of precaution
on the part of the offender, taking into
consideration
• his employment or occupation,
• degree of intelligence,
• physical condition and
• other circumstances regarding
ie of reckless imprudence
• preparing a drink and selling it to the public
which resulted to death, when such drink
contains a poison
• while hunting at night, shot his companion
• parking on a slope, without pulling the
handbrake.
• unfasten carabaos, enabling the carabaos to
roam and destroy the crops of another
person
• lack of foresight; leaving a fully loaded gun,
allowing a child to play with it, and
accidentally firing it upon him.
TEST OF NEGLIGENCE
would a prudent man, in the position of the
person to whom negligence is attributed,
foresee harm to the person injured as a
reasonable consequence of the course about
to be pursued?
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 THE AWESOME NOTES 204 of 205
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BOOK II

FORCE MAJEURE DISTINGUISHED FROM MOTOR VEHICLE OVERTAKING ANOTHER

RECKLESS IMPRUDENCE
IN THE FORMER
has reference to an event which cannot be

VEHICLE

WHEN NOT PROPER

foreseen,or although foreseeable, is inevitable. • overtaking from the right
• overtaking while another vehicle is
IN RE: MECHANICAL DEFECT
mechanical defect (tire blowout), easily
discoverable if the vehicle had been subjected
approaching from opposite direction.

NOTE: driving within the speed limit is not

to a thorough or rigid check-up; hence cannot

be said as fortuitous event/force majeure.
always a guarantee for due care.

COMPLEX CRIME OF
EXE: when the driver could not have reckless imprudence resulting in multiple

known the defect (ie. brakes)

NOTE: the doing of an act or the failure to

homicide with serious physical injuries and less
serious physical injuries.
PROVIDED:
do the act must be involuntary and without it must be a product of a single

malice.

BASIS OF DETERMINING THE

reckless imprudent act/omission.

NOTE: permitting unlicensed person to drive

INEXCUSABLE LACK OF PRECAUTION
1. his employment or occupation,
2. degree of intelligence,

motor vehicle is negligence

ELEMENTS OF SIMPLE IMPRUDENCE

3. physical condition and 1. that there is lack of precaution on the part
4. other circumstances regarding person, time of the offender

and place. 2. that the damage impending to be caused is

not immediate or the danger is not clearly
DUTY OF THE ACCUSED WHEN
APPROACHING VEHICLE IS RUNNING ON manifest

THE WRONG SIDE OF THE ROAD

(in order to avoid collision)
it becomes the duty of the accused who first

ie.

notice the approaching vehicle when it is still at
some distance,
to exercise due care under the existing
circumstance in conformity with the
conduct excepted of a reasonably
prudent man
NOTE: firing a gun when it accidentally slip
from his pocket is not punishable. kasi, lawful
act yung keeping of loaded gun sa picket, and
when it accidentally fell from his pocket, it
cannot be said that the keeping of the loaded
gun in his pocket is the proximate cause of the

(ie. by slowing down...) death of a person hit by it, as he chain of

causation was already interrupted by such
RIGHT OF WAY OF MOTOR VEHICLES
DOCTRINE OF PRE-EMPTION
although the driver of a motor vehicle crossing

accident. (argh! chinese)

SIMPLE IMPRUDENCE; when it causes

a thru-street is supposed to wait for he driver of damage to property only
another vehicle running along said thru-street,
- if he driver crossing the street had already
reached he middle thereof, the other driver

the penalty is fine only.

MEASURE OF DAMAGE TO
traveling along the thru-street, although with a PROPERTY
right of pre-emption, has the duty to stop his the difference in value of the property

vehicle in order to avoid collision.

the grant of right of way does not relive the

• immediately before
the incident and
• immediately after
motorist from the duty of keeping a lookout for
motorist entering the intersection from his left the repair.

and right. NOTE: ART. 64 DOES NOT APPLY TO
CRIMES COMMITTED THROUGH
FIRE TRUCK'S RIGHT OF WAY
has right of way over all vehicles, regardless of
the fact that it has responded to a false alarm,

NEGLIGENCE.

or is on its way back from a false alarm. N O T E : B E T W E E N R P C a n d M O TO R
VEHICLE LAW; which will apply when death
or serious bodily injury to any person has
resulted

- RPC

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 THE AWESOME NOTES 205 of 205
CRIMINAL LAW
BOOK II

NOTE: contributory negligence only

mitigates criminal liability

CONCURRENT PROXIMATE CAUSE OF 2

NEGLIGENT DRIVER
the person who is liable is the one who has the

proximate cause to avoid the collision.

RATION:
as negligence of one person is in no sense
justified by the concurring negligence of

another

DOCTRINE OF LAST CLEAR CHANCE

the contributory negligence of the party injured
will not defeat the action if it be shown that the
accused might, by exercise of reasonable care
and prudence, have avoided the
consequences of the negligence of the injured

party.

EMERGENCY RULE
an automobile driver who, by negligence of
another and not by hos own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid a collision or
injury
IS NOT GUILTY of negligence
- if he makes such choice which a
person of ordinary prudence placed in
such position might make even though

he did not make the wisest choice.

AS DISTINGUISHED FROM LAST

CLEAR CHANCE
concurring negligence. mitigates only

tue liability

NOTE: violation of traffic rules and regulation

is a proof of negligence.

HOWEVER: negligence cannot be predicated

by minority or lack of operator's license!
- as it could not serve in any way as
serve as the proximate cause of the

injury

NOTE: penalty next higher in degree to be

imposed if the offender fails to lend on the spot
help to the injured person.
- in fact; failure to lend help is a qualifying

circumstance.

NOTE: Defendant us not criminally liable

for the death or injuries caused by his
reckless imprudence to trespassers whose
presence in the premises he was not aware
of.
BUT if the injuries caused is willfully inflicted;

he may be held liable

QUERY: di sure.

NOTE: a quack doctor who treated a sick

man, resulting in the latter's death
- homicide through reckless imprudence


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