TABLE OF ELEMENTS

OFFENDER / SITUATION QUALIFIED FORM COUNTERPART

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

ARTICLE 160. 1. Offender was Special aggravating OFFENDER: already BEFORE (e.g. Cannot be offset by Punished by the v REITERACION
COMMISSION OF already convicted by circumstance where convicted by FJ for pendency of appeal, ordinary mitigating maximum period of (or habituality)
ANOTHER CRIME final judgment of a person, having one offense (whether conviction of RTC circumstances penalty prescribed by - an aggravating circ,
DURING SERVICE one offense been convicted by of RPC or SPL) affirmed by CA) the law for the new Art 14 Par 10) –
OF PENALTY FOR 2. Committed new FJ, shall commit a But MINORITY is felony. requires that the
ANOTHER felony before new felony before 2nd crime must be a or privileged mitigating offender shall have
PREVIOUS beginning to serve beginning to serve felony, not special circumstances served out his
OFFENSE such sentence OR such sentence or law because SPL WHILE (e.g. Ppl v sentences for the
(Quasi- while service the while serving the have no periods Dioso and gang riots) MAY BE PARDONED prior offenses
Recidivism) same same. similar to that of if:
felonies serving previous - age is 70 and
sentence by FJ served out his orig
Not required that sentence or
embraced in the complete it after
same title of RPC or reaching that age
same character - not habitual
criminal
UNLESS by conduct
or other circ,
deemed unworthy of
clemency

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ARTICLE 161. Intent to use is FORGING Actual use not If Pres left a blank Not FALSIFICATION
COUNTERFEITING necessary, merely 1. the Great Seal of required to be paper with signature OF DOCUMENT if
GREAT SEAL copying for souvenir the Gov't punished as long as and secretary wrote signature of
is okay 2. signature of the the offender document above it, President is forge,
FORGING President intended to use it FALSI BY PUB OFF A161 supplies
PRESIDENT’S 3. stamp of the Pres (171) or FALSI BY specific provision
SIGNATURE OR PVT INDIVAND USE
STAMP OF FALSI DOCU
(172)
ARTICLE 162. 1. Great Seal was OFFENDER: Used the Act is in effect the If the user is the
USING counterfeited OR counterfeited/forged act of an accessory forger, punished
FORGED signature/stamp was Seal/Stamp/Signatur but penalty is only under A161
SIGNATURE forged by another e AND not the forger one degree lower
COUNTERFEIT person
SEAL OR STAMP 2. Offender knew of
the counterfeiting
 3. Used the
counterfeit/forged
4. Offender is not the
forger
ARTICLE 163. 1. There be FALSE or Counterfeiting – OFFENDER: Giving the KINDS OF COINS
MAKING, MUTILATED coins imitation of a - Made appearance of silver WHICH CAN BE
IMPORTING, 2. offender either genuine or legal coin. - Imported piece to a copper COUNTERFEITED:
UTTERING MADE, IMPORTED or May contain more - Utttered in cent, ESTAFA under 1. silver coin of the
FALSE COINS UTTERED such coins silver than the connivance with Art 318 (other Phil or con of the CB
3. In case of ordinary coin counterfeiters or deceits) 2. coin of the minor
uttering, such false - Spurious coin, importers coinage of the Phil or
or counterfeited imitation of the CB (below 10 cents)
coins, he connived peculiar design of the 3. coin of the
with the coin currency of a foreign
counterfeiters or country irrespective
importers Import – bring them of WON it is still in
into the port, it is official circulation
Intent to bring complete before (Ppl v Kong Leon)
into the country is entry at the Customs 4. former coins
necessary House withdrawn from
circulation
Utter – pass
counterfeited coins;
delivery or act of
giving them away
ARTICLE 164. Intent to damage 1. Mutilating coins of the legal currency, with the further requirement that there be intent to PC Min and fine not Mutilating coins of
IMPORTING or defraud another damage or defraud another to exceed P2000 foreign country not
UTTERING actionable.
MUTILATED Coin must be of legal Mutilation – take off part of the metal either by filing it or substitution it for another metal of
COINS tender. inferior quality; diminish by ingenuous means the metal in the coin. Mutilation was done not
for the sake of mutilating it but to take advantage of the metal abstracted as a result of
(genuine coins but which, the coin diminishes in intrinsic value
defective)
2. Importing or uttering, with the further requirement that there must be connivance with the
mutilator or importer in case of uttering
ARTICLE 165. 1st mode: 1. Possession of coin, OFFENDER: without Not only actual or Unlike 164, does not
SELLING 1. possession of counterfeited or connivance with physical require that false
FALSE OR false/mutilated coin mutilated by another counterfeiters, possession but also coin is legal tender.
MUTILATED 2. with intent to utter person, with intent to possesses and utters constructive BUT if mutilated, it
COINS 3. knowledge of utter, knowing that it with knowledge possession must be legal tender.
WITHOUT falsity/mutilation is false or mutilated. (subjection of the (Because if not legal
CONNIVANCE thing to one’s tender, cannot be
2nd mode: 2. Actually uttering control) considered as
Offense punished: 1. actually uttering such false/mutilated “mutilated”)
mere holding of 2. knowledge of coin, knowing the
false/mutilated coin falsity/mutilation same to be
with intent to utter false/mutilated
 ARTICLE 166. ART 169 1. Forging or OFFENDER: Any Can also be a. Obligation or Falsification of PNB NOTES & OTHER
FORGING, falsification of person committed by: security issued by checks are OBLIGATIONS AND
IMPORTING, FORGERY – giving treasury or bank the Gov’t commercial SECURITIES THAT
UTTERING to a treasury/bank notes or other - Using genuine bank b. Circulating note documents punished MAY BE
TREASURY OR note or to order the documents payable notes issued by Phil issued by any under Art 172 in FORGED/FALSIFIED:
BANK NOTES OR appearance of a true to the bearer Gov’t (Del Rosario v banking association connection with Art 1. Treasury or bank
OTHER and genuine docu 2. Importation of Ppl) duly authorized by 171 notes
DOCUMENTS - used for such false/forged obli law to issue the 2. Certificates
PAYABLE TO THE falsification and or notes - Giving appearance same 2. Other obligations
BEARER counterfeiting of 3. Uttering of such of true and genuine c. Document issued and securities,
treasury or bank false/forged obli or documents to by a foreign gov’t payable to the bearer
notes or any notes in connivance otherwise genuine d. Circulating note or
instruments payable with the forgers or paper bills withdrawn bill issued by a Punished more
to order/bearer importers from circulation (Ppl foreign bank duly severely than
v Galano) authorized to issue counterfeiting of
FALSIFICATION – the same coins because tends
erasing, substituting, to bring such
counterfeiting or documents into
altering by any discredit and
means, the figures, produces lack of
letters, words or confidence on the
signs contained part of holders to the
- used for 8 acts in A prejudice of the
171 interest of society
and of the State
ARTICLE 167. 1. Instrument REASON: maintain Connivance not Limited to
COUNTERFEITING, payable to order or the integrity of the required if the instruments payable
IMPORTING, other document of currency and thus utterer is the forger to order, negotiated
UTTERING credit not payable to insure the credit by indorsement and
INSTRUMENTS bearer standing of the Gov’t delivery
NOT PAYABLE TO 2. Offender either and prevent the
THE BEARER FORGED, IMPORTED imposition on the
or UTTERED such public and gov’t of
instrument worthless notes and
3. In case of obligations
uttering, he connived
with the forger or
importer
ARTICLE 169. 1. payable to bearer, 1. Using Person in possession Possession is not a
POSSESSION, USE payable to order or forged/falsified of falsified/forged criminal offense, it is
FALSE TREASURY not payable to bearer instruments instrument and who possession with
OR BANK NOTES is forged or falsified uses same is intent to use.
by another person 2. Possessing with presumed to be the
2. Knows that any of intent to use any of material author of
those instruments is such false/falsified falsification, unless
forged/falsified instruments there be satisfactory
3. Performs any of explanation of
these acts: possession of forged
- using bills
 - possessing with
intent to use
ARTICLE 170. 1. That there be a Alteration of bills, There is a genuine If the meaning was
FALSIFICATION bill, resolution or ordinance or ordinance. Fabricated not changed,
OF LEGISLATIVE ordinance enacted or resolution and or simulated punished either
DOCU approved or pending changed its meaning legislative document under Art 171 or Art
approval by either is not covered. 172.
House or any
prov/muni council
2. Offender alters the
same
3. He has no proper
authority therefor
4. Alteration changed
the meaning of the
document
ARTICLE 171. 1. Offender is a 1. counterfeiting or imitating any handwriting, signature or rubric OFFENDER: COMPLEXED WITH: Document – any
FALSIFICATION puboff/employee etc - intent to imitate, or attempt (inferred from sufficient resemblance) Estafa (Ppl v Villalon) written statement by
BY PUB OFF 2. Takes advantage - some resemblance between genuine and forged (need not be perfect) - Public off/employee Theft which a right is
OF PUBLIC of his official position 2. causing it to appear that persons have participated in any proceeding when they did not in - Notary public Malversation established or an
DOCUMENTS 3. Falsifies a fact so participate - Ecclesiastical - before falsified obligation is
document by - imitation of signature not necessary, if by PRIV INDIV, Art 172 applies minister (with docu is used to extinguished
REASON: protect committing any of 3. attributing to persons who have participated in an act or proceeding statements other than respect to any record defraud another, it is - a writing or
interest of the the acts in the right those in fact made by them or document of such consummated. instrument by which
community which is → 4. making untruthful statements in a narration of facts character that its (e.g. Estafa thru a fact may be proven
intended to be 4. If ecclesiastical a. narration of facts, not conclusion of law falsification of which falsif of pubdocu, or affirmed
guaranteed by the minuter, affect the b. legal obligation to disclose the truth (required by law) affects civil status of Theft thru falsif of
strictest faithfulness civil status of the c. absolutely false, no colorable truth in statements persons) ofcial docu, Estafa Genuine document is
of the officials person d. wrongful intent of injuring a 3P, no falsification if in good faith -> can be committed by thru falsif of coml. needed in:
charged with the omission Private persons who Docu by reckless - Par 3, Par 6, Par 8
preparation and Intent to gain or 5. altering true dates conspire with the imprudence, Par 7
preservation of the cause damage is - date must be essential (e.g. birth, marriage, death) offenders listed Malversation thru - document is
acts in which they not necessary in 6. making any alteration (change) or intercalation (insertion) in a genuine document which above is also guilty falsif of pub docu) executed with
intervene public document changes its meaning of the same crime intervention of a publ
- if speaks the truth, not falsification but correction (Cabigas v Ppl) UNLIKE in private off/emp, notary
7. issuing in an authenticated form a document purported to be a copy of an original Generally, document wherein public
document when no such original exists OR including in such a copy a statement contrary to, falsification has no the damage is not
or different from that of the genuine original attempted or caused directly by Documents may be
- presupposes “taking advantage of position,” committed during the preparation stage frustrated stage. falsification but by simulated/fabricated
8. intercalating any instrument or note relative to the issuance thereof in a protocol, registry Consummated the estafa itself
or official book moment genuine is
altered or the false FALSIFICATION thru
docu is executed. reckless imprudence
Does not matter if → only for public
offender did not docu and not priv
achieve his docu (malice is
objectives. needed in priv docu
which negates
imprudence)
 ARTICLE 172. 1. Offender is a pvt Committed any of OFFENDER: Committed in a: INTENT TO CAUSE Possessor of falsified
PAR. 1 indiv or puboff who the acts of falsif in - Private individual - Public document DAMAGE NOT is presumed to be
FALSIFICATION did not take Art 171 - Public officer who (exigencies of pub NECESSARY bec the author of falsif
BY PRIVATE advantage did not take service or pub ofc’s pubdocu and what is UNLESS:
INDIVIDUAL 2. Committed A171 advantage of his intervention) punished is violation
3. Public, official, position - Official document of public faith and
commercial docu or (in the exercise of the destruction of
letter of exchange the fxn of his ofc) the truth as therein
- Commercial solemnly proclaimed
Criminal intent or document
malice still necessary - Letter of exchange
ARTICLE 172. 1. Offender is any CONCURRENCE OF: OFFENDER: Any Committed in a: PUB DOCUMENT v
PAR. 2 person, commit 171 - Committed any of person - Private document PVT DOCUMENT
FALSIFICATION except Par 7 the acts of falsif in (executed by indiv Damage or intent to
OF PRIVATE 2. Committed in any Art 171 except Par 7 without intervention cause damage to 3P
DOCUMENTS priv document - Performed an of public officials) not necessary in
3. Falsif caused independent act PUBLIC but
damage to a 3P or at which operates to Causes damage to a necessary in
least intent to the prejudice of 3P 3P or at least the PRIVATE. As a result
cause such damage → damage need not falsif was committed of which complexing
be material with intent to of falsified private
cause damage document is NOT
possible. The
damage is not
caused by
falsification but by
estafa. Must exist
with its own element
of damage.
ARTICLE 172. 1. Offender knew 1. Introduced in OFFENDER: Knows Introduced in any jud
PAR. 3 that the docu is falsi judicial proceedings that the document is proceeding
USE OF FALSI by another person (damage not falsified by another
DOCU 2. False docu is necessary) person Damage is not
embraced in A171 or 2. Introduced in non- necessary for judicial
A172 (1 or 2) judicial proceedings If offender is also the proceeding, but
3. Introduced said (damage is author of necessary for other
docu in evidence in necessary, but falsification, “use” is transactions
any judicial immaterial if PUBLIC not punished as
proceeding document) separate crime
4. Damage not
necessary USER DEEMED THE
AUTHOR IF:
OTHER TRANS: 1. use was so closely
1. Offender knew connected in time
that the docu is falsi with the falsification
by another person 2. user had the
2. False docu is capacity of falsifying
embraced in A171 or the document (Ppl v
A172 (1 or 2) Sendaydiego)
 3. Used such docu
(not in judproceed)
4. Use caused
damage to another
or at least intent to
cause such damage
ARTICLE 177. USURPATION OF: OFFENDER: Any PC Min and Med
USURPATION Authority – falsely person including
representing oneself public officials
to be an officer,
agent, or
representative of any
dept. or agency of
the Phil Gov’t or
foreign gov’t
- functions; offender
has no connection
with the office he
represents

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

ARTICLE 178. 1st mode: 1. Using fictitious FORM 1 publicly CAUSING DAMAGE: COM ACT 42:
USING 1. Offender uses a names publicly FORM 2 not publicly Public interest: Regulates the use of
FICTITIOUS NAME name other than his Fictitious name (Art aliases
real name 2. Concealing true 178) - Difference in
2. Uses the fictitious name Private interest: purpose and manner
name publicly (e.g. Estafa (Art 315 Par (publicly)
passport) 2a) - Use of alias allowed
3. Purpose is to if for literary, cinema,
- conceal a crime TV, radio or other
- evade execution of entertainment
a judgment
 - cause damage purposes and in
athletic events
2nd mode:
1. Offender conceals
his true name and
other personal
circumstances
2. Purpose only is
to conceal his
identity
ARTICLE 179. 1. Offender makes Use IUD of: OFFENDER: Any Exact imitation of
ILLEGAL USE OF use of insignia, - Office not held person IUD is not necessary
UNIFORMS OR uniform, or dress - Class of which he is
INSIGNIA 2. The insignia, not a member RA 75 punishes
uniform or dress unauthorized
pertains to an office Publicly wearing of UID or
not held by the regalia of a foreign
offender or to a class Improperly state, or one nearly
of persons of which resembling the same
he is not a member with intent to
3. That said IUD is deceive or mislead
used publicly and
improperly RA 493 insignia,
badge or emblem of
rank of the members
of the AFP or PC or
any colorable
imitation thereof; not
applicable in plays,
movies or theaters
FALSE TESTIMONY 1. There be a ART 180 – Against OFFENDER: ART 180 – Against PENALTY of Art 180 Rectification made
IN CRIMINAL criminal proceeding Knowingly giving a Liable even if his Defendant must be depends on the spontaneously after
FT against defendant testimony was not sentenced to: penalty imposed realizing the mistake
False Testimony is Art 180 in crim pro considered by the 1. correctional upon the defendant is not FT
committed by 2. Offender testifies court penalty
persons who, being falsely under oath ART 181 – In favor 2. fine PENALTY of Art 181
under oath and against defendant Knowingly giving a REASON: law 3. acquitted based on potential
required to testify as 3. Offender who FT in favor of punishes the false penalty
to the truth of a gives FT knows it is defendant in crim pro witness even if ART 181 – In favor
certain matter at a false defendant in - Conviction not
hearing before a 4. Defendant against REASON (181): not principal case is necessary
competent authority, whom FT is given is because of the effect acquitted, punish the - FT need not benefit
shall deny the truth either acquitted or it actually produces, mere giving of FT the defendant
or say something convicted in an FJ but because of its - Expert statement is
contrary to it. tendency to favor or ART 181 may also a mere opinion and
Art 181 prejudice the apply to defendant not FT
2. Offender testifies defendant who falsely testified
falsely under oath in on his own behalf
favor the defendant
 3. Offender who (esp. falsely impute
gives FT knows it is to other persons
false
4. Trial need not be
terminated
ARTICLE 182. 1. Testimony given in Knowingly giving FT Applies to ordinary Penalty depends on
FALSE TESTIMONY civil case in a civil case civil cases; not to the amount of
IN CIVIL CASES 2. FT relate to the special proceedings controversy
issues presented in
said case
3. Testimony is false
4. Offender knows
testimony is false
5. Testimony is
malicious and intent
to affect the issues
presented in the
case
ARTICLE 183. 1. Made a statement 1. Falsely testifying Willful and deliberate Other cases e.g. AM max – PC min SUBORNATION OF
FALSE TESTIMONY under oath or under oath (not in a assertion of before justice of the PERJURY: knowingly
IN OTHER CASES executed an affidavit judicial proceeding) falsehood peace, fiscal during and willfully
(Perjury) upon a material preliminary procuring another to
matter (main fact 2. Making false investigation swear falsely and the
Oath – form of which is the subject affidavit witness suborned
attestation by which of the inquiry) JUDPRO – actual trial does testify under
a person signifies 2. S or A made wherein judgment of circumstances
that he is bound in before a competent conviction or rendering him gulty
conscience to officer, authorized to acquittal is rendered of perjury
perform an act receive and
faithfully and administer oath Good faith or lack of
truthfully. 3. Accused made a malice is a defense in
willful and deliberate perjury
Affidavit – sworn assertion of
statement in writing, falsehood No perjury through
a declaration in 4. Sworn S or A imprudence or
writing, made upon containing falsity is negligence
oath before an required by law
authorized
magistrate or officer
ARTCLE 184. 1. Offender offers in Knowingly offering in OFFENDER: Any Judicial or official FT if judicial If induce the witness,
OFFERING FALSE evidence a false evidence a false person proceeding proceeding Art 180, 181, 182 or
TESTIMONY IN witness or testimony testimony in any Art 183 in relation to
EVIDENCE 2. Knows that judicial proceeding Perjury if other than Art 7, Par 2 will apply
witness/testimony is judicial proceeding
false Does not induce a
3. Offer is made in a witness to testify
judicial or official
proceeding
 ARTICLE 185. 1. Public auction 1. Soliciting any gifts OFFENDER: Any Public auction Mere attempt PC min and fine 10- “Other artifice”
MACHINATIONS 4. Intent to cause or promise as a person wherein the Gov’t is consummates the 50% of the value of e.g. telling them that
IN PUBLIC the reduction of the consideration for the seller, not on crime the thing auctioned public bidding would
AUCTIONS price of the thing refraining from acquisition of not be held at the
auctioned taking part in the property nor time to make them
auction procurement go away, knowing
1st mode: 2. Attempting to that the bidding
2. Offender solicits cause bidders to stay would not be
any gift or a promise away from an postponed.
from any of the auction by threats,
bidders gifts, promises or
3. Gift or promise is any other artifice
the consideration for
his refraining from
taking part in that
public auction

2nd mode:
2. Cause the bidders
to stay away from
public auction
3. Done by threats,
gifts, promises or
any other artifice
TITLE FIVE: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
RA 9165 PURPOSE: jail pushers, save users
DIFFERENT CLASSES OF ACTS PUNISHED:
1. Manufacture, importation, sale – manufacture, importation, selling, administering, dispensing, delivering, giving away, distributing, dispatching, transporting (of jDD, precursor and
equipment)
2. Possession, use (of DD, precursor, equipmen, instrument, apparatus, other paraphernalia for drug use, where use = smoking, consuming, administering, injecting, ingesting,
introducing into the body; penalty on possession depends on the amount of substance possessed)
3. Maintenance of a den (employees and visitors of den are liable)

KINDS OF SUBSTANCE PROHIBITED:

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

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

HIGHER PENALTY GIVEN IF

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

PRIMA FACIE EVIDENCES/PROOF:

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

ADMINISTRATIVE FRAMEWORK:

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

DRUG TESTING:
Mandatory:
1. Applicants for driver’s license
2. Applicants for firearm’s license and for permit to carry firearms outside residence
3. Officers and members of the military, police, and other law enforcement agencies
4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than 6 yrs and 1 day
5. All candidates for public office whether appointed or elected both in the national or local government
Random:
1. Students of secondary and tertiary schools – expenses for both public and private born by the government
2. Officers and employees of or public and private offices – ground for termination
TITLE SIX: CRIMES AGAINST PUBLIC MORALS
ARTICLE 195. Only illegal if not 1. Taking part directly and indirectly in: LOI 816 exclude
GAMBLING allowed by law (e.g. a. any game certain prohibited
PAGCOR, PCSO, b. exploitation of any mechanical invention or contrivance to games under PD
Gambling – any Lotto), but is “legal” determine by chance the loser or winner of money or object 1602
game or scheme, if sanctioned by the representative of value
whether upon chance state 2. Knowingly permitting any form of gambling to be carried on in any When exclusively
of skill, wherein place owned or controlled by the offender intended for home
wages consisting of REASON: Repress an 3. Being maintainer, conductor, or banker in a game of jueteng or entertainment or
money, articles or evil that undermines similar game parlor games:
value of repress of the social, moral and 4. Knowingly and without lawful purpose, possessing lottery list, 1. Domino
value are at stake or economic growth of papers or other matter containing letters, figures, signs or symbols 2. Bingo
made (money, game the nation which pertain to or are in any manner used in the game of jueteng or 3. Mahjong
or services) any similar game
 4. Poker (not played
with five card stud)
5. Cuajo
6. Pangguingue
ARTICLE 198. 1. Betting on horse DAYS ALLOWED:
ILLEGAL BETTING races during periods 1. Sundays not
ON HORSE RACES not allowed by law reserved
2. Maintaining or 2. 24 Saturdays
employing a totalizer 3. Legal holidays
or a device or except those
scheme for betting enumerated above
on races or realizing
profit therefrom NOT ALLOWED:
during the periods 1. Independence Day
not allowed by law 2. Rizal Day
3. Registration or
Voting Day
4. Holy Thursday
5. Good Friday
ARTICLE 200. 1. Offender performs OFFENDER: Any Committed in a
GRAVE SCANDALS an act or acts person public place
2. Such act or acts
be highly scandalous Or
or offending against
decency or good Within public
customs knowledge or view
3. Highly scandalous
conduct is not
expressly falling
within any other
article of this code
4. Act/s complained
of be committed in a
public place or within
the public knowledge
or view
ARTICLE 201. 1. Publicly expound
IMMORAL or proclaim doctrines
DOCTRINES, openly contrary to
OBSCENE public morals
PUBLICATIONS 2. Writing,
AND EXHIBITIONS publishing, and
selling obscene
Moral – conformity literatures
with the generally 3. Exhibiting indecent
accepted standards or immoral plays,
or goodness or scenes, acts, or
rightness in conduct shows
or char, sometimes,
 specifically to sexual 4. Selling, giving
conduct away, or exhibiting
films, prints,
engravings,
sculptures, or
literature which are
offensive to morals
VAGRANCY OFFENDER: Any person who PD 1563
1. Has no apparent means of subsistence, with physical ability to MENDICANCY
work but fails to apply to lawful calling LAW OF 1978
2. Loitering in public or trampling without visible means of support
3. Idle or dissolute person who lodges in house of ill-fame RA 9208
4. Ruffian, pimps and those who habitually associate with prostis ANTI-HUMAN
5. Prostitutes – sexual intercourse/ lascivious conducts for money or TRAFFICKING ACT
profit
TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS

ART 203 WHO ARE PUBLIC OFFICERS:

1. Taking part in public functions in the Gov't OR performing in said Gov't public duties as an employee, agent, or subordinate ofcial of any rank or class
2. Authority to take part in performance of public functions or perform public duties
- by direct provision of law
- by popular election
- by appointment by competent authority

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

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

ART 220 Illegal use ART 222

of public funds/prop 1. Pvt indiv who has
charge in any
ART 221 Failure to capacity whatsoever
make delivery of 2. Admin/depository
public funds/prop of funds attached,
- Refusal (malicious) seized or deposited
- Failure to pay private property
INFIDELITY IN ART 223 OFFENDER: puboff Art 225 not Leniency or laxity is
THE CUSTODY OF Consent to escape of who has custody or applicable when not infidelity
PRISONERS the prisoner charge of prisoner same person who
Connivance – made the citizen’s
agreement between ART 225 Custody of arrest set him free
prisoner (FJ & det) person not a puboff
and puboff - consents
- thru negligence
ART 224 Evasion
through negligence LIABILITY OF
Definite laxity FUGITIVE:
amounting to non- FJ – evasion of
performance of duty service (Art 157)
Detention – no
liability
TITLE EIGHT: CRIMES AGAINST PERSONS
ARTICLE 246. ESSENTIAL OFFENDED PARTY: Can be committed Cases a person who Stranger cooperating
PARRICIDE ELEMENT: - parents, children through reckless committed parricide in parricide, either
relationship of not less than 3 days imprudence or simple not punished with RP MURDER or
offender so it must old (legit or illegit) imprudence/negligenc to death: HOMICIDE
be alleged, - other ascendants e - Through negligence
otherwise, only or descendants (Art 365)
aggravating (legit) - By mistake (Art
circumstance - legit spouse 249)
- only relatives in - Under exceptional
direct line AND by circumstances (Art
blood 247)
 Does not require
knowledge of
relationship

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

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

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

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

1. Offender has Failing to render Form 1: Uninhabited place 276
custody of child assistance to: In danger of dying Without detriment Death of the minor
2. Under seven years 1. Uninhabited place, Form 2: resulted from
3. Abandons such wounded or in Injured by offender abandonment
child (permanent, danger of dying, thru accident Life of the minor was
deliberate) capable of helping Form 3: endangered
4. No intent to kill, without detriment Under 7 as well as
which cannot be UNLESS more serious lost children
presumed from offense (e.g. 276)
death of the child 2. Accidentally
wounded or injured
3. Under seven
years, found
abandoned, to
authorities or family
or safe place
TITLE TEN: CRIMES AGAINST PROPERTY
 TABLE OF ELEMENTS
OFFENDER / SITUATION QUALIFIED FORM COUNTERPART
PROVISION ELEMENTS ACTS PUNISHED
VICTIM (PLACE/TIME) MODIFYING CIRC
PENALTIES
FELONY
Jurisprudence
Classification of robbery:

1. Robbery with violence

against, or intimidation
of persons.
2. Robbery by the use of
force upon things.

Prohibitive articles may

be the subject matter of
robbery; opium, for
instance.

The element of "personal

1. That there be (a) property belonging to
personal property; another" and that of
(b) belonging to "intent to gain" must
another; Taking of personal Republic Act No. concur.
2. That there is (c) property, belonging 6539, approved
unlawful taking of to another, with August 26, 1972, If the accused, with
ARTICLE 293.
that property; intent to gain, by is the law intent to gain, took from
Offender:
3. That the taking means of violence Any time. applicable when another, personal
WHO ARE GUILTY Any person.
must be (d) with against, or the property property which turned
OF ROBBERY.
intent to gain; and intimidation of any taken in robbery out to be his own
4. That there is (e) person, or using is a motor property, the property
violence against or force upon anything. vehicle. not belonging to another,
intimidation of any he cannot be held liable
person, or force for robbery, even if in
upon anything. taking it, the accused
used violence against or
intimidation of person, or
force upon anything.

If he took personal
property from another,
believing that it was his
own property, but in
reality, it belonged to the
offended party, there
being no intent to gain,
he cannot be held liable
for robbery, even if the
accused used violence
 against or intimidation of
person, or force upon
anything.

The violence must be

against the person of the
offended party, not upon
the thing taken.

The violence or
intimidation must be
present before the taking
of personal property is
complete.

The taking of personal

property need not be
immediately after the
intimidation.

Exception:
When the violence
results in: (1) homicide,
(2) rape, (3) intentional
mutilation, or (4) any of
the serious physical
injuries penalized in
paragraphs 1 and 2 of
Article 263, the taking of
personal property is
robbery complexed with
any of those crimes
under Article 294, even if
the taking was already
complete when the
violence was used by the
offender.
Reclusion perpetua, Robbery and homicide
Requisites of robbery 1. When by reason
if by reason or on are separate offenses,
ARTICLE 294. under the second or on occasion of the
occasion of the when the homicide was
case of paragraph 4 robbery (taking of
robbery, the crime of not committed "on the
ROBBERY WITH of Article 294: personal property
homicide shall have occasion" or "by reason"
VIOLENCE belonging to another Offender:
Any time. been committed; or of the robbery.
AGAINST OR 1. That any of the with intent to gain), Any person.
when the robbery
INTIMIDATION OF physical injuries the crime of
shall have been Where the original design
PERSONS — defined in homicide is
accompanied by rape comprehends robbery,
PENALTIES. paragraphs 3 and 4 committed.
or intentional and homicide is
of Article 263 was
mutilation or arson. perpetrated by reason or
inflicted in the course 2. When the robbery on occasion of the
of the robbery; and is accompanied by Reclusion temporal consummation of the
2. That any of them rape or intentional (medium period) to former, the crime
was inflicted upon mutilation or reclusion perpetua, committed is robbery
any person not Arson. when by reason or with homicide.
responsible for the on occasion of such
commission of the 3. When by reason robbery, any of the Paragraph 1: Robbery
robbery. or on occasion of physical injuries with Homicide
such robbery, any of penalized in
the physical injuries subdivision 1 of A special complex crime,
resulting in insanity, Article 263 shall have punished as a single
imbecility, impotency been inflicted. crime, although robbery
or blindness is and homicide are
inflicted. Reclusion temporal, committed by the
when by reason offender.
4. When by reason or on occasion of the
or on occasion of robbery, any of the An intent to take
robbery, any of the physical injuries personal property
physical injuries penalized in belonging to another
resulting in the loss subdivision 2 of the with intent to gain must
of the use of speech article mentioned in precede the killing.
or the power to hear the next preceding
or to smell, or the paragraph, shall have It is robbery with
loss of an eye, a been inflicted. homicide even if the
hand, a foot, an arm, death of a person
or a leg or the loss Prision mayor supervened by mere
of the use of any (maximum period) to accident.
such member or reclusion temporal
incapacity for the (medium period), if All who participated in
work in which the the violence or the robbery as principals
injured person is intimidation are principals in robbery
theretofore habitually employed in the with homicide.
engaged is inflicted. commission of the
robbery shall have Paragraph 2: Robbery
5. If the violence or been carried to a with Rape
intimidation degree clearly
employed in the unnecessary for the The intent to gain must
commission of the commission of the precede the rape.
robbery is carried to crime, or when in the
a degree clearly course of its Even if the rape was
unnecessary for the execution, the committed in another
commission of the offender shall have place, it is still robbery
crime. inflicted upon any with rape.
person not
6. When in the responsible for its Additional rapes
course of its commission any of committed on the same
execution, the the physical injuries occasion of robbery will
offender shall have not increase the penalty.
inflicted upon any
 person not covered by Paragraph 3: Robbery
responsible for the subdivisions 3 and 4 with Serious Physical
commission of the of Article 263. Injuries
robbery any of the
physical injuries in Prision correccional Must be inflicted in the
consequence of (maximum period) to course of its execution.
which the person prision mayor
injured becomes (medium period), in Paragraph 4: Robbery
deformed or loses other cases. with unnecessary
any other member of violence and intimidation.
his body or loses the
use thereof or Violence be unnecessary
becomes ill or for the commission of the
incapacitated for the robbery.
performance of the
work in which he is Paragraph 5: Robbery
habitually engaged with the use of violence
for more than 90 against or intimidation of
days or the person any person.
injured becomes ill or
incapacitated for Violence or intimidation
labor for more than need not be present
30 days. before or at the exact
moment when the object
7. If the violence is taken.
employed by the
offender does not When the act of
cause any of the snatching a thing from
serious physical his hands did not result
injuries defined in in violence against the
Art. 263, or if the person of the offended
offender employs party, the crime of
intimidation only. robbery is not
committed.
Robbery with
violence or
intimidation "in other
cases" referred to in
par. 5 is committed
by:

1. Snatching money
from the hands of
the victim and
pushing her to
prevent her from
recovering the seized
property.
 2. Grabbing pawn
ticket from the hands
of another and
intimidating
him.
Robbery with
violence against or
Any of these five
intimidation of
qualifying circumstances
persons is qualified –
of robbery with physical
if any of the offenses
injuries or intimidation
denned in
must be alleged in the
subdivisions 3, 4 and
information and proved
5 of Article 294 is
during the trial.
committed:
(1) in an uninhabited
Any of these qualifying
place, or
circumstances cannot be
ARTICLE 295. (2) by a band, or
offset by a generic
(3) by attacking a
mitigating circumstance.
ROBBERY WITH moving train, street
PHYSICAL car, motor vehicle, or
Article 295 does not
INJURIES, airship, or
apply:
COMMITTED IN (4) by entering the
(1) When by reason or
AN passengers' Maximum period of
on occasion of the
UNINHABITED compartments in a the proper penalties.
robbery, the crime of
PLACE AND BY A train, or in any
homicide is committed
BAND, OR WITH manner taking the
(subdivision 1, Art. 294);
THE USE OF passengers thereof
(2) When the robbery is
FIREARM by surprise in the
accompanied by rape or
ON A STREET, respective
intentional mutilation, or
ROAD OR ALLEY. conveyances, or
arson (subdivision 1, Art.
(5) on a street, road,
294); or
highway, or alley,
(3) If by reason or on
and the intimidation
occasion of robbery, any
is made with
of the serious physical
the use of firearms,
injuries resulting in
the offender shall be
insanity, imbecility,
punished by the
impotency or blindness is
maximum periods of
inflicted (subdivision 2,
the proper penalties
Art. 294).
prescribed in Article
294.
1. When at least 4 Offender: Maximum period of When the robbery was
ARTICLE 296.
armed malefactors Any person in a the corresponding not committed by a
take part in the Robbery committed band. penalty provided by band, the robber who did
DEFINITION OF A
commission of a in a band using Any time. law, without not take part in the
BAND AND
robbery, it is deemed unlicensed firearm. A member of the prejudice to the assault by another is not
PENALTY
committed by a band is liable for any criminal liability for liable for that assault.
INCURRED BY THE
band. of the assaults illegal possession of
 MEMBERS 2. When any of the committed by the unlicensed firearm, When the robbery was
THEREOF. arms used in the other members when robbery is not committed by a
commission of thereof, when the committed by a band band, the robber who did
robbery is not following requisites using unlicensed not take part in the
licensed, the penalty concur: firearm. assault by another is not
upon all the liable for that assault.
malefactors shall be 1. That he was a
the maximum of the member of the band. When the robbery was
corresponding 2. That he was not by a band and
penalty provided by present at the homicide was not
law, without commission of a determined by the
prejudice to the robbery by that accused when they
criminal liability for band. plotted the crime, the
illegal possession of 3. That the other one who did not
such firearms. members of the band participate in the killing is
3. Any member of a committed an liable for robbery only.
band who was assault.
present at the 4. That he did not But when there is
commission of a attempt to prevent conspiracy to commit
robbery by the band, the assault. homicide and robbery, all
shall be punished as the conspirators, even if
principal of any of less than four armed
the assaults men, are liable for the
committed by the special complex crime of
band, unless it be robbery with homicide.
shown that he
attempted to prevent Proof of conspiracy is not
the same. necessary when four or
more armed persons
committed robbery.

Robbery by a band — all

are liable for any assault
committed by the band,
unless the others
attempted to prevent the
assault.
Robbery with homicide
ARTICLE 297. and attempted or
frustrated robbery with
ATTEMPTED AND Reclusion temporal homicide are special
FRUSTRATED Attempted or Offender: (maximum period) to complex crimes, not
Any time.
ROBBERY frustrated robbery. Any person. reclusion perpetua. governed by Article 48,
COMMITTED but by the special
UNDER CERTAIN provisions of Articles 294
CIRCUMSTANCES. and 297, respectively.
 When the offense
committed is attempted
or frustrated robbery
with serious physical
injuries, Article 48 is
applicable.

There is only one crime

of attempted robbery
with homicide even if
slight physical injuries
were inflicted on other
persons on the occasion
or by reason of the
robbery.

ARTICLE 298. 1. Offender has Execution of deed Any person See Art 294 and 297 This article also applies
EXECUTION OF intent to defraud by mean of violence to private or commercial
DEEDS BY MEANS another or intimidation document
OF VIOLENCE OR 2. Offender compels
INTIMIDATION. him to sign, execute,
or deliver any public Art 298 is not applicable
instrument or if the document is void.
document
3. The compulsion is
by means of violence
or intimidation
ARTICLE 299. 1. Robbery by 1. Robbery by Any person The place entered Modified or (1) Reclusion There must be evidence
ROBBERY entering an inhabited entering an inhabited MUST be a house or aggravated temporal, if the value or the facts must show
IN AN INHABITED house or public house or public building depending on of the property taken that the accused entered
HOUSE/PUBLIC building. building the value of property shall exceed P250; the dwelling house or
BUILDING Inhabited House - taken and on (2) The penalty next building by any of the
OR EDIFICE Elements: 2. Robbery by any shelter whether or not lower in degree, means mentioned.
DEVOTED TO breaking doors, constituting the offender carries when the offenders
WORSHIP a. Offender entered wardrobes, chests, or dwelling of one or arm. do Where the manner of
the following: any other kind of more persons even if not carry arms, and entrance into the house
locked or sealed the inhabitants are If committed in an the value of the was not proven, the
i. Inhabited place furniture or temporarily absent uninhabited property taken crime is theft and not
ii. Public building receptacle; or by therefrom when the place AND by a exceeds P250; robbery.
iii. Edifice devoted to taking such furniture robbery was band, shall be (3) The penalty next
religious worship or object to be committed punished by the lower in degree, In entering the building,
broken or forced maximum period of when the offenders the offender MUST have
b. The entrance was open outside Public Building - the penalty provided are armed by the an intention to take
effected by any of owned or rented by therefor. value of the property personal property,
the following means: the government taken does not otherwise it’s just
although temporarily exceed P250; trespass to dwelling.
i. Through an unoccupied by the (4) The penalty The whole body of the
opening not intended same. prescribed in the two culprit must be inside the
entrance or egress (2) next preceding building to constitute
ii. By breaking any It should be the paragraphs, in its entering
wall, roof, or floor, or entrance through an minimum period,
breaking any door or opening not intended when said offenders It must be an outside
such window for egress, and not do not carry arms door or outside wall that
iii. By using false exit and the value of the is broken.
keys, picklocks, or property taken does
similar tools iv. By not exceed P250; The genuine key MUST
using any fictitious (5) The penalties be stolen, not taken by
name or pretending next lower in degree force or intimidation and
the exercise of public than those such is used to ENTER
authority prescribed in the building.
these articles, if the
c. Once inside, the robbery be It is only theft when the
offender took committed in one of false key is used to open
personal property the dependencies wardrobe or locked
belonging to another of an inhabited receptacle.
with intent to gain house, public
building, or building The use of fictitious
dedicated to religious name or the act of
worship. pretending to exercise
2. Robbery by authority must be to
breaking doors, enter the building
wardrobes, chests, or
any other kind of The term doors in Act 2
locked or sealed only refers to “doors,
furniture or lids, or opening sheets”
receptacle; or by of furniture or other
taking such furniture portable receptacles and
or object to be not to inside doors of
broken or forced house or building.
open outside
Breaking the keyhole is
Elements: breaking of furniture.

a. Offender is inside It is estafa or theft if the

a dwelling house, locked or sealed
public building, or receptacle is not forced
edifice devoted to open in the building
religious worship, where it is kept or taken
regardless of the therefrom to be broken
circumstances under outside.
which he entered it
Arms carried must not be
b. Offender takes used to intimidate.
personal property
belonging to another,
 with intent to gain, Even those w/o arms are
under any of the liable to the same penalty
following
circumstances:
i. By the breaking of
doors, wardrobes,
chests, or any other
kind of locked or
sealed furniture or
receptacle
ii. By taking such
furniture or objects
away to be broken or
forced open outside
the place of the
robbery
ARTICLE 300. 1. Robbery under Art Robbery under Art Any person The crime takes The robbery The two qualifications
ROBBERY IN AN 299 must be 299 place in uninhabited mentioned in the (uninhabited place and
UNINHABITED committed place next preceding by a band) must concur.
PLACE AND BY A 2. By a band article, if (U.S. vs. Morada, et al.,
BAND. 3. In an uninhabited committed in an 23 Phil. 477)
place uninhabited
place and by a Such must be alleged in
band, shall be the information to qualify
punished, by the the offense
maximum period
of the penalty The inhabited house,
provided public bldg., or edifice
therefor. devoted to religious
worship must be located
in an uninhabited place
ARTICLE 301. Inhabited House - Requisites for
WHAT IS AN any shelter Dependencies:
INHABITED constituting the 1. Must be contiguous to
PLACE, PUBLIC dwelling of one or the building
BUILDING, OR more persons even if 2. Must have an interior
BUILDING the inhabitants are entrance connected
DEDICATED TO temporarily absent therewith
RELIGIOUS therefrom when the 3. Must form part of the
robbery was whole
committed
Orchards and lands used
Public Building - for cultivation are not
owned or rented by dependencies
the government
although temporarily
unoccupied by the
same
 Dependencies - all
interior courts,
corrals, warehouses,
granaries, barns,
coach-houses,
stables, or other
departments or
enclosed spaces
contiguous to the
building or edifice,
having an interior
entrance connected
therewith and which
form part of the
whole
ARTICLE 302. 1. Offender entered Entering of an Any person The crime takes Aggravated or 1. Prision The uninhabited place is
ROBBERY IN AN an uninhabited place uninhabited place or place in uninhabited modified depending correccional in its an uninhabited building
UNINHABITED or building which building which was place on the property or medium and
PLACE OR IN A was not a dwelling not a dwelling house, value taken. maximum periods; Breaking padlock is use
PRIVATE house, not a public not a public building 2. The penalty next of force upon things
BUILDING. building or not an or not an edifice lower in degree
edifice devoted to devoted to religious when the value of Use of fictitious name or
religious worship worship the property taken pretending to exercise
does not exceed authority is not applicable
P250 pesos; here because the place is
2. Any of the 3. In the cases uninhabited
following specified in Articles
circumstances are 294, 295, 297, 299,
present: 300 and 302 of the The receptacle must be
a. Entrance was RPC when the closed or sealed
effected through an property taken is
opening no intended mail matter or larger Penalty is based on value
for entrance or cattle, the offender of property taken
egress shall suffer the
penalties next higher
b. A wall, roof, or that those provided
outside door or in said articles.
window was broken

c. The entrance was

effected through the
use of false keys,
picklocks, or other
similar tools

d. A door, wardrobe,
chest, or any sealed
or closed furniture or
 receptacle was
broken
e. A closed or sealed
receptacle was
removed even if the
same be broken
elsewhere

3. With intent to
gain, the offender
ARTICLE 303. Cereals - seedlings Robbery of cereals, Any person Next lower in degree Must be W/O violence or
ROBBERY which are immediate fruits, or firewood in that Art 299 and 302 intimidation
OF CEREALS, products from the an uninhabited place
FRUITS, OR soil or private building. The palay must be kept
FIREWOOD IN AN by the owner as
UNINHABITED "seedling" or taken for
PLACE OR that purpose by the
PRIVATE robbers.
BUILDING
ARTICLE 304. 1. Offender has in his Possession of Any person Arresto Mayor max Actual use of picklocks or
POSSESSION OF possession picklocks picklocks period to Prision similar tools, not
PICKLOCKS or similar tools Correccional min necessary in illegal
OR SIMILAR 2. Suck picklocks or period possession thereof
TOOLS similar tools are
specially adopted to Locksmith - Prision
the commission of Correccional
robbery
3. Offender does not
have lawful cause for
such possession
ARTICLE 305. Inclusions of false Possession of number 2
FALSE KEYS keys: and 3 are not punishable

1. Tools not
mentioned
in the next preceding
article
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
offender
 ARTICLE 306. 1. There be at least 4 Act that constitutes Any person Prision Mayor med The only things to prove
BRIGANDAGE armed persons Brigandage period to Reclusion are:
2. They formed a Temporal min period
band of robbers 1. There is an
3. The purpose is organization of more
any of the following: than 3 armed persons
a. Commit robbery in forming a band of
the highway robbers
b. Kidnap persons 2. The purpose of the
for extortion or band is any of those
ransom mentioned
c. Attain by means of 3. They went upon the
force or violence any highway or roamed upon
other purpose the country for that
purpose
4. The accused is a
member of such band

Just the existence of the

band is sufficient.

It is not necessary to
show that they actually
committed their purpose

Unlicensed firearms gives

rise to the presumption
that they were brigands

The arms they carry may

be any weapon

The main object of the

law is to prevent the
formation of band of
robbers

The term “highway”

includes city streets
ARTICLE 307. 1. There is a band of Acts that aids, abets Any person Prision Correccional It is presumed that the
AIDING OR brigands or protects band of med period to Prision offender performed the
ABETTING A BAND brigands Mayor min period acts knowingly unless the
OF BRIGANDS 2. Offender knows contrary is proven
the band to be of Giving of information
brigands to the brigands of Any person who aids or
the movements of protects highway robbers
3. Offender does any the police or other or abets the commission
of the following acts: peace officers of the of highway robbery or
gov’t brigandage shall be
 a. He aids, abets or considered as an
protects such band Acquisition or accomplice
of brigands receiving of the
b. He gives them property taken by
information of the the brigands.
movements of the
police or other peace
officers of the gov’t
c. He acquires or
receives the property
taken by such
brigands
ARTICLE 308. Elements: Acts Punishable: Any person 12k to 22k - Prision Taking or Carrying is not
WHO ARE LIABLE Mayor min to med required.
FOR THEFT 1. There be taking of 1. With intent to period
personal property gain, but w/o The theft is
2. Said property violence against or 6k to 12k – Prision consummated when the
belongs to another intimidation of Correccional med to culprits were able to take
3. The taking be persons nor force max period possession of the thing
done with intent to upon things, takes taken by them. It’s
gain personal property of 200 to 6k - Prision enough that the thing is
4. The taking be another w/o the Correccional min to under his control.
done w/o the latter’s consent med period
consent of the owner The element of taking
5. The taking be 2. Having found lost 50 to 200 - Arresto referred to in the law
accomplished w/o property, failing to Mayor med period to means the act of
the use of violence deliver the same to Prision Correccional depriving another of the
against or the local authorities min period possession and dominion
intimidation of or to its owner of movable thing coupled
persons or force 5 to 50 - Arresto with the intention, at the
upon things. 3. After having Mayor max period time of the taking, of
maliciously damaged withholding it with the
the property of <5 - Arresto Mayor character of permanency
Elements of Hunting, another, removing or min to med period
Fishing, or Gathering making use of the The offender must have
of Fruits: fruits or object of the Cereals - Arresto the intention of making
1. There is an damage caused by Menor OR 200 fine himself the owner of the
enclosed or a field them Hunger - Arresto thing taken
where trespass is Menor min period OR
forbidden or which 4. Entering an 50 fine There may still be taking
belongs to another inclosed estate or a even if the offender
2. Offender enters field where trespass received the thing from
the same is forbidden or which the offended party if
3. Offender hunts or belongs to another there’s NO transfer of
fishes upon the same and w/o the consent juridical possession
or gathers fruits of its owner, hunt or
cereals or other fish upon the same Intent to gain is
forest or farm or gather fruits, presumed from the
cereals, or other unlawful taking of
products in the forest or farm personal property
estate or field products belonging to another
4. The hunting or
fishing or gathering Satisfaction and pleasure
of products is derived from the act of
without the consent giving to another what
of the owner had been stolen is a real
gain

Actual gain is not

necessary, intent is
enough

Allegation of owner’s lack

of consent cannot be
dispensed with in
charging an ordinary
theft

In ROBBERY, it must be
against the will. In
THEFT, consent is just
lacking

How to Prove Theft in

Lost Things:

1. The time of the seizure

of the thing 2. It was a
lost property belonging to
another
3. The accused having
had the opportunity to
return or deliver the lost
property to its owner or
to the local authorities,
refrained from doing so

The finder of lost

property has only the
physical possession, not
juridical possession

Intent to gain is inferred

from deliberate failure to
deliver the lost property
to the proper person
 Theft is NOT a continuing
offense
ARTICLE 309. The basis of 12k to 22k - Prision If there is no evidence as
PENALTIES penalty in Theft Mayor min to med to the value of the thing,
is: period it will be based to Php5
1. The value of the
thing stolen, and 6k to 12k – Prision
in some cases, Correccional med to
2. The value and max period
the nature of the
property taken, 200 to 6k - Prision
or Correccional min to
3. The med period
circumstances or
causes that 50 to 200 - Arresto
impelled the Mayor med period to
culprit to commit Prision Correccional
the crime min period

5 to 50 - Arresto
Mayor max period

<5 - Arresto Mayor

min to med period

Cereals - Arresto
Menor OR 200 fine
Hunger - Arresto
Menor min period OR
50 fine
ARTICLE 310. 1. Taking of personal The taking of Any person Qualifying Next higher by two Theft by domestic
QUALIFIED property; personal property Circumstances: degrees servant is always
THEFT 2. That the said that belongs to 1. Committed by a than those qualified
property another without the domestic servant respectively specified
belongs to another; owner’s consent in the next preceding There must be allegation
3. That the said without intimidation. 2. Committed with article. (Art. 310, as in the information and
taking be done grave abuse of amended) proof of a relation, by
with intent to gain; confidence reason of dependence,
4. That it be done guardianship, or
without the 3. Property stolen is vigilance, between the
owner’s consent; a: accused and the
5. That it be a. Motor vehicle offended party, that has
accomplished b. Mail matter created a high degree of
without the use of c. Large cattle confidence between
violence or them, which the accused
intimidation against 4. Property stolen abused
persons, consists of coconuts
nor of force upon taken from the
things;
6. That it be done premises of a Theft by housemate and
through the plantation laborer is not always
above circumstances qualified
5. Property stolen is
fish taken from a The confidence gravely
fishpond or fishery abused must be that
existing between the
6. Property is taken offended party and the
on the occasion of offender
fire, earthquake,
typhoon, volcanic Novation Theory applies
eruption, or any only when there is
other calamity, contractual relationship
vehicular accident or between the accused and
civil disturbance the complainant

The unlawful taking of

motor vehicles is now
covered by the Anti-
Carnapping Law
P.D. 1612: ANTI-FENCING LAW
Elements: Any person 12k to 22k - Prision Fencing - act of any
1. Robbery or theft Mayor min to med person who, with intent
has been committed period to gain for himself or for
2. The accused, who another, shall buy,
is not a principal or 6k to 12k - Prision receive, possess, keep,
accomplice in the Correccional med to acquire, conceal, sell, or
commission of such, max period dispose of, or shall buy
buys, receive, and sell, or in any
possess, keep, 200 to 6k - Prision manner deal in any
acquire, conceal, sell, Correccional min to article, item, object, or
or dispose of, or shall med period anything of value which
buy and sell, or in he knows, or should be
any manner deal in 50 to 200 - Arresto known to him, to have
any article, item, Mayor med period to been derived from the
object, or anything of Prision Correccional proceeds of the crime of
value, which has min period robbery or theft
been derived from
the proceeds of the 5 to 50 - Arresto Fence - any person, firm,
said crime Mayor max period association, corporation,
3. The accused or partnership or other
knows or should <5 - Arresto Mayor organizations who/which
have known that the min to med period commits the act of
said article, item, fencing
object or anything of
value has been Mere possession of any
derived from the good, article, item,
proceeds of the object, or anything of
value which has been the
 crime of robbery or subject of robbery or
theft thievery shall be prima
4. There is, on the facie evidence of fencing
part of the accused,
intent to gain for
himself or another
ARTICLE 311. If the property stolen Act of stealing any Any Person Arresto Mayor OR Theft of property in
THEFT OF be any property of property of the 40k to 100k fine OR either has fixed penalty
THE PROPERTY OF the National Library National Library or BOTH regardless of its value
THE NATIONAL or the National National Museum. except when another
LIBRARY AND Museum, the penalty crime with a higher
NATIONAL shall be arresto penalty is committed
MUSEUM 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.
ARTICLE 312 1. Offender takes Acts Punishable: Any person Respective penalty The real property or real
OCCUPATION OF possession of any for violence or injury rights must belong to
REAL PROPERTY real property or 1. Taking possession + 50 to 100% of the another
OR USURPATION usurps any real of any real property gain
OF REAL RIGHTS rights in property belonging to another There is only civil liability
IN PROPERTY 2. The real property by means of violence If value can’t be if there is no violence or
or real rights belong against or ascertained - 40k to intimidation in taking
to another intimidation of 100k fine possession of real
3. Violence against or persons property
intimidation of
persons is used by 2. Usurping any real Violence or intimidation
the offender rights in property must be the means used
4. There is intent to belonging to another in occupying real
gain by means of violence property or usurping real
against or right belonging to
intimidation of another
persons
Criminal action for
usurpation of real
property is not a bar to
civil action for forcible
entry.

There is no double
jeopardy because the
 causes of action are
different
ARTICLE 313. 1. That there be Act of altering Any person Arresto Menor OR Intent to gain is NOT
ALTERING boundary marks or boundaries or 20k fine OR BOTH necessary in Art 313
BOUNDARIES OR monuments of landmark
LANDMARK towns, provinces, or
estates, or any other
marks intended to
designate the
boundaries of the
same;
2. That the offender
alters said boundary
marks.
ARTICLE 314. 1. Offender is a Absconding of an Any person Merchant - Prision Actual prejudice is
FRAUDULENT debtor; that is, he offender with his Mayor required. Mere intention
INSOLVENCY has obligations due property to the is not enough
and payable prejudice of his Prision Correccional
2. He absconds with creditors. max period to Prision Real property is included
his property Mayor med period in this article
3. There be prejudice
to his creditors The person prejudiced
must be the creditor of
the offender
ARTICLE 315. GENERAL ESTAFA WITH Any person 12k to 22k - Prision The amount of the
SWINDLING/ ELEMENTS: UNFAITHFULNESS Mayor min to med damage or prejudice is
ESTAFA 1. The accused OR ABUSE OF period the basis of the penalty
defrauded another CONFIDENCE for estafa.
by: 6k to 12k - Prision
a. Abuse of Acts Punishable: Correccional med to
confidence or max period ESTAFA WITH
b. By means of 1. Altering the UNFAITHFULNESS OR
deceit (fraudulent substance, quantity 200 to 6k - Prision ABUSE OF CONFIDENCE
acts/fraudulent or quality of anything Correccional min to Altering
means) of value med period Note: Deceit is NOT an
2. Damage or essential requisite of
prejudice capable of 2. Misappropriating 50 to 200 - Arresto estafa with abuse of
pecuniary estimation or converting money, Mayor med period to confidence
is caused to the goods, or any other Prision Correccional
offended party or to personal property min period There MUST be an
a third person received in trust or existing obligation to
on commission or for deliver something of
administration or value and such obligation
ESTAFA WITH under any obligation must be onerous
UNFAITHFULNESS involving the duty to
OR ABUSE OF make delivery of or When there is no
CONFIDENCE to return the same; agreement as to the
or by denying having quality of the thing to be
Acts Punishable: delivered, the delivery of
 received such the thing not acceptable
1. Altering the goods/money to the complainant is
substance, quantity NOT estafa
or quality of anything 3. Taking undue
of value advantage of the
signature of the MISAPPROPRIATING
Elements: offended party in Note: Check is included
blank and by writing in the word “money”
a. Offender has an any document above
onerous obligation to such signature in Money, goods, or other
deliver something of blank personal property must
value be received by the
b. He alters its offender thru the kinds of
substance, quantity, transactions enumerated
or quality ESTAFA BY MEANS
c. Damage or OF FALSE > juridical possession
prejudice is caused PRETENSES OR MUST be transferred
to another FRAUDULENT ACTS
Juridical Possession -
2. Misappropriating Acts Punishable: possession which gives
or converting money, 1. Using fictitious the transferee a right
goods, or any other name or falsely over the thing which the
personal property pretending to transferee may set up
received in trust or possess power, even against the owner
on commission or for influence,
administration or qualifications, The thing received MUST
under any obligation property, credit, be the same thing to be
involving the duty to agency, business, or delivered
make delivery of or imaginary
to return the same; transactions; or by In quasi-contracts, the
or by denying having other similar deceits person who receives the
received such thing also acquires
goods/money 2. By altering the juridical possession of the
quality, fineness, or thing received
Elements: weight of anything
a. The money, pertaining to his art Note: Ownership must
goods, or other or business not be transferred in
personal property obligation to return or
must be received by 3. Pretending to have deliver the thing, as in
the offender in trust bribe any gov’t sales > when ownership
or on commission or employee is transferred, only civil
for administration or liability arises
under any obligation 4. Postdating a check
involving delivery or or issuing a check in It must be clearly
return of the same payment of an demonstrated that it’s
b. There is obligation when the for:
misappropriation or offender had no 1. Safekeeping
conversion of such funds in the bank or 2. On commission
money or property his funds deposited 3. For administration
by the offender; or therein were not 4. Or other circumstances
denial on his part of sufficient to cover giving rise to the
such receipt the amount of the obligation to make
c. There is intent to check delivery or return the
prejudice another d. same
There is demand 5. Obtaining any
made by the food, refreshment, or Note: There is no estafa
offended party accommodation at a when the money or other
hotel, inn, personal property
3. Taking undue restaurant, boarding received by the accused
advantage of the house, and the like is not to be used for a
signature of the w/o paying therefor; particular purpose or to
offended party in or by obtaining credit be returned
blank and by writing at the said places by
any document above the use of false Criminal liability for
such signature in pretense; or estafa is not affected by
blank surreptitiously novation of contract. The
Elements: removing any part of novation MUST take
1. The paper with his baggage from the place BEFORE the
the signature of the same w/o paying for criminal liability is
offended party is in his food, refreshment incurred
blank or accommodation
2. The offended Conversion - the thing
party should have has been devoted to a
delivered it to the purpose or use different
offender ESTAFA THROUGH from that agreed upon
3. Above the FRAUDULENT MEANS
signature of the Note: Fraudulent intent is
offended party, a 1. Inducing another, necessary
document is written by means of deceit,
by the offender w/o to sign any There MUST be prejudice
authority to do so document or damage to the owner
4. The document so or to a third party
written creates a 2. Resorting to some
liability of, or causes fraudulent practice to Demand is NOT
damage to, the insure success in a necessary when there is
offended party or gambling game evidence of
any 3rd person misappropriation Note:
3. Removing,
concealing, or There is no estafa thru
destroying any court negligence because
ESTAFA BY MEANS record, office files, intent is necessary
OF FALSE documents or any
PRETENSES OR other papers In estafa, the offender
FRAUDULENT ACTS receives the thing, he
does not take the thing
Acts Punishable: w/o the consent of the
1. Using fictitious owner
name or falsely
pretending to Signature in Blank
possess power, Document
influence, The paper with the
qualifications, signature in blank must
property, credit, be delivered by the
agency, business, or offended party to the
imaginary offender
transactions; or by
other similar deceits
ESTAFA BY MEANS OF
2. By altering the FALSE PRETENSES OR
quality, fineness, or FRAUDULENT ACTS
weight of anything It is indispensable that
pertaining to his art the element of deceit be
or business made PRIOR TO or at
least simultaneously with
3. Pretending to have the delivery of the thing
bribe any gov’t by the complainant
employee
It is necessary that such
4. Postdating a check deceit is the very cause
or issuing a check in or the only motive which
payment of an induces the complainant
obligation when the to part with the thing
offender had no
funds in the bank or Fictitious Name, etc
his funds deposited In the absence of proof
therein were not that the representation of
sufficient to cover the accused was actually
the amount of the false, criminal intent to
check deceive cannot be
inferred
Elements:
a. Offender The offended party must
postdated a check, be deprived of his
or issued a check in property by any of the
payment of an false pretenses
obligation mentioned
b. Such postdating or
issuing a check was Postdating a check
done when the Note: The check issued
offender had no must be genuine and not
funds in the bank or falsified
his funds deposited
therein were not Issuing of check should
sufficient to cover be the cause of parting
the amount of the with the property of the
check victim
5. Obtaining any The check must be
food, refreshment, or issued in PAYMENT of an
accommodation at a obligation contracted at
hotel, inn, the time of the issuance
restaurant, boarding and delivery of the check
house, and the like
w/o paying therefor; The accused must be
or by obtaining credit able to obtain something
at the said places by from the offended party
the use of false by means of the check he
pretense; or issues and delivers
surreptitiously
removing any part of Note: If such checks
his baggage from the were issued and intended
same w/o paying for only as promissory notes,
his food, refreshment there is no estafa even if
or accommodation the funds are insufficient

When the check is issued

by a guarantor, there is
ESTAFA THROUGH no estafa
FRAUDULENT MEANS
The mere fact that the
1. Inducing another, drawer had insufficient or
by means of deceit, no funds in the bank to
to sign any cover the check at the
document time he postdated or
issued a check, is
Elements: sufficient to make him
a. Offender induced liable for estafa
the offended party to
sign a document Note: Damage or
b. Deceit is employed prejudice is necessary
to make him sign the
document ESTAFA THROUGH
c. Offended party FRAUDULENT MEANS
signed the document Inducing to sign a
d. Prejudice is document
caused Note: There MUST be an
inducement and deceit
must be employed
2. Resorting to some
fraudulent practice to Removing documents
insure success in a Note: If there is no intent
gambling game to defraud, the act of
destroying court record
3. Removing, will be malicious mischief
concealing, or
destroying any court
record, office files, If there is no deceit, no
documents or any abuse of confidence,
other papers there is no estafa even if
there is damage. There is
Elements: only civil liability
a. There are court
records, office files,
documents, or any Element of Damage or
other papers Prejudice may consist in:
b. Offender removed,
concealed or 1. Offended party being
destroyed any of deprived of his money or
them property as a result of
c. Offender had defraudation
intent to defraud 2. Disturbance in
another property rights
3. Temporary prejudice

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 acceptance
of promissory note

The accused can’t be

convicted of estafa w/
abuse of confidence
under an information
alleging deceit
BATAS PAMBANSA BLG 22
1. Making or Drawing Acts Punishable: Any person Note: The gravamen is
and issuing a check 1. Making or drawing the issuance of the check
knowing at the time and issuing any itself and not the
of issue that he does check to apply on nonpayment of an
not have sufficient account or for value, obligation
funds. knowing at the time
of issue that he does BP Blg 22 requires that
Elements: not have sufficient the person who made or
a. A person makes funds in or credit drew and issued the
or draws and issues with the drawing check knew at the time
any check bank for the of issue that he did not
payment of such have sufficient funds in
b. The check is made check in full upon its or credit with the drawee
or drawn and issued presentment, which bank
to apply on account check is
or for value subsequently Note: Personal written
dishonored by the notice of dishonor is
c. The person who drawee bank for necessary
makes or draws and insufficiency of funds
issues the check or credit or would No disputable
knows at the time have been presumption of
that he does not dishonored for the knowledge of
have sufficient funds same reason had not insufficiency of funds
in or credit with the the drawer, w/o any when there is no receipt
drawee bank for the valid reason, ordered of notice of dishonor
payment of such the bank to stop
check in full upon its payment There is presumption of
presentment knowledge of the
2. Having sufficient insufficiency when the
d. The check is funds in or credit check is presented within
subsequently with the drawee 90 days
dishonored by the bank when he makes Exceptions:
drawee bank for or draws and issues 1. When the check is
insufficiency of funds a check, by failing to presented after 90 days
or credit, or would keep sufficient funds 2. When the drawer was
have been or to maintain a able to pay in full w/in 5
dishonored for the credit to cover the banking days after
same reason had not full amount of the receiving the notice
the drawer, w/o valid check if presented
reason, ordered the w/in 90 days from
bank to stop the date appearing Prima facie evidence
payment thereon, for which does not arise where
reason it is notice of non-payment is
dishonored by not sent to the maker or
2. Having sufficient drawee bank drawer of the check
funds in or credit
with the drawee Such act of issuing both
bank when he makes without or with
or draws and issues insufficient funds may be
a check, by failing to punished under both
keep sufficient funds laws.
or to maintain a
credit to cover the There is no double
full amount of the jeopardy if each statute
check if presented requires proof of an
w/in 90 days from additional fact which the
the date appearing other does not.
thereon, for which
reason it is In estafa, there must be
dishonored by damage. In BP 22, there
drawee bank must be knowledge

Elements:
 Estafa by issuing a bad
a. A person has check is a continuing
sufficient funds in or crime
credit with the
drawee bank when
he makes or draws
and issues a check

b. He fails to keep
sufficient funds or to
maintain a credit to
cover the full amount
of the check if
presented w/in 90
days from the date
appearing thereon

c. The check is
dishonored by the
drawee bank
ARTICLE 316. Conveying, selling, 1. Conveying, selling, Any person Arresto Mayor min to Note: Actual damage is
OTHER FORMS OF encumbering or encumbering or med period + fine necessary in Acts 1-4, 6
SWINDLING mortgaging any real mortgaging any real not less than 2x the
property and property and value but not more ACT 1
pretending to be the pretending to be the than 3x Deceit consisting in false
owner of the same owner of the same pretense as to ownership
of the real property must
Elements: 2. Disposing or real be employed by the
property as free from offender
a. The thing is encumbrance,
immovable although such Note: Mere intent to
b. The offender, who encumbrance is not cause damage is NOT
is not the owner of recorded sufficient. There must be
the property, actual damage
represents that he is 3. Wrongful taking
the owner by the owner of his ACT 2
c. He executes acts property from its Encumbrance - every
of ownership d. The rightful possessor right or interest in the
act is made to the land which exists in favor
prejudice of the 4. Executing any of 3rd persons
owner or a 3rd fictitious contract to
person the prejudice of The act constituting the
another offense is the disposing
Disposing or real of the real property
property as free from 5. Accepting any falsely representing that
encumbrance, compensation for it is free from
although such services not rendered encumbrance
encumbrance is not or for labor not
recorded performed
 Offended party must
Elements: 6. Selling, have been deceived, that
mortgaging, or is, he would not have
a. The thing disposed encumbering real granted the loan had he
is real property property or known that the property
b. The offender knew properties with which is already encumbered
that the real property the offender
was encumbered, guaranteed the Note: When loan is first
whether the fulfillment of his granted before offering
encumbrance is obligation as surety the property as security,
recorded or not this article is not
c. There is express applicable
representation by the
offender that the real The encumbrance MUST
property is free from be recorded because
encumbrance there is no encumbrance
d. The act of until such is registered
disposing of the real
property is made to Usurious loan with
the damage of equitable mortgage is not
another an encumbrance on the
property
Wrongful taking by
the owner of his Note: The offender MUST
property from its know that the property is
rightful possessor encumbered

Elements: There MUST be deceit,

a. Offender is the fraud or
owner of the misrepresentation. Such
personal property cannot be implied or
b. Property is in the presumed
lawful possession of
another When there is no fraud,
c. Offender deceit or
wrongfully takes it misrepresentation, there
from its lawful is no crime
possessor
d. Prejudice is ACT 3
thereby caused to Note: Offender must be
the possessor or to a the owner of the
3rd person personal proper

Selling, mortgaging, ACT 4

or encumbering real If the conveyance is real
property or and not simulated, the
properties with which crime is fraudulent
the offender insolvency
guaranteed the
 fulfillment of his ACT 5
obligation as surety Note: This kind of estafa
required fraud. If there is
Elements: no fraud, it becomes
a. Offender is a solutio indebiti and only
surety in a bond civil liability arises
given in a criminal or
civil action What constitute the
b. He guaranteed the crime is the malicious
fulfillment of such failure to return the
obligation with his compensation wrongfully
real property received
c. He sells,
mortgage, or in any ACT 6
other manner Note: There must be
encumbers said real damage.
property
d. Such sale,
mortgage or
encumbrance is:
i. W/o express
authority from the
court
ii. Made before
cancellation of his
bond
iii. Made before
being relieved from
the obligation
contracted by him
ARTICLE 317. 1. Offender takes Any person Arresto Mayor + fine Actual proof of deceit or
SWINDLING A advantage of the of 10 to 50% of the misrepresentation is NOT
MINOR inexperience or value of the essential.
emotions or feelings obligation
of a minor It is sufficient that the
offender takes advantage
2. He induces such of the inexperience or
minor to: emotions of the minor
a. Assume an
obligation Note: Real property is
b. Give release not included
c. Execute a transfer Age of minor is under 21
of any property right y/o

3. The consideration
is:
a. Some loan of
money
b. Credit
 c. Other personal
property

4. The transaction is
to the detriment of
such minor
ARTICLE 318. Acts Punishable: Any Person Arresto Mayor + fine Note: Damage is required
OTHER DECEITS of not less than the
1. Defrauding or amount of the The deceits in this article
damaging another by damage caused and include false pretenses
any other deceit not not more than twice and fraudulent acts
mentioned in the such amount
preceding articles Fortune teller -
Arresto Mayor OR
2. Interpreting 40k fine
dreams, making
forecasts, telling
fortunes or taking
advantage of the
credulity of the
public in any other
similar manner, for
profit or gain
ARTICLE 319. Removal of Acts Punishable: Any person Arresto Mayor + fine Note: The chattel
REMOVAL, Mortgaged 2x the value of the mortgage must be valid
SALE OR PLEDGE Property 1. Knowingly thing and subsisting.
OF MORTGAGED removing any
PROPERTY Elements: personal property If the chattel mortgage
a. Personal property mortgaged under the does not contain an
is mortgaged under Chattel Mortgage affidavit of good faith
the Chattel Mortgage Law to any province and is not registered, it is
Law or city other than the void
one in which it was
b. Offender knows located at the time of Note: Offender is any
that such property is execution of the person who knows of the
mortgaged mortgage, w/o mortgage in Act 1, not
written consent of necessarily the owner.
c. He removes such the mortgagee or his
mortgaged personal executors, The removal of the
property to any administrators, or mortgaged personal
province or city other assigns property MUST be
than the one in coupled with intent to
which it was located 2. Selling or pledging defraud
at the time of the personal property
execution of the already pledged, or Filing a civil action for
mortgage any part thereof, collection, not for
under the terms of foreclosure of chattel
d. The removal is the Chattel Mortgage mortgage, relieved the
permanent Law, without the
 consent of the accused of criminal
e. There is no written mortgagee written liability
consent of the on the back of the
mortgagee or his mortgage and noted Note: Damage is NOT
executors or assigns on the record thereof necessary
to such removal in the office of the
registrar of deeds of The consent must be:
Sale or Pledge of the province where 1. In writing
Mortgaged Property such property is 2. On the back of the
located mortgage
Elements: 3. Noted on the record
a. Personal property thereof in the office of
is already pledged the register of deeds
under the terms of
the Chattel Mortgage Chattel mortgage may
Law give rise to estafa by
means of deceit if there
b. The offender, who is damage
is mortgagor of such
property, sells or
pledges the same or
any part thereof

c. There is no
consent of the
mortgage written on
the back of the
mortgage and noted
on the record thereof
in the office of the
register of deeds
ARTICLE 320.
DESTRUCTIVE
ARSON
ARTICLE 321.
OTHER FORMS OF
ARSON
ARTICLE 322
CASES OF
ARSON NOT
INCLUDED IN
THE PRECEDING
ARTICLES
ARTICLE 323
ARSON OF
PROPERTY OF
SMALL VALUE
ARTICLE 324
 REPEALED
CRIMES
INVOLVING
DESTRUCTION
ARTICLE 325
BURNING ONE’S
OWN PROPERTY
AS A MEANS TO
COMMIT ARSON
ARTICLE 326
SETTING FIRE TO
PROPERTY
EXCLUSIVELY
OWNED BY THE
OFFENDER
ARTICLE 326- A
IN CASES
WHERE DEATH
RESULTED AS A
CONSEQUENCE
ARTICLE 326- B
PRIMA FACIE
EVIDENCE OF
ARSON
P.D. No. 1613: AMENDING THE LAW ON ARSON
Elements/Acts Offender/Victim Penalty Jurisprudence/Notes
Kinds of Arson: The offense can be Simple - Prision Mayor Arson - malicious destruction of property by
commited by any fire
1. Simple Arson person Destructive - Reclusion Temporal max period
to Reclusion Perpetua Elements of Destructive Arson:
a. Burning or setting fire to the property of another
Other - Reclusion Temporal to Reclusion 1. Offender causes destruction
b. Setting fire to his own property under circumstances which expose to danger the life or Perpetua
property of another 2. Destruction is caused by any of the
Death - Reclusion Perpetua following means:
2. Destructive Arson a. Explosion
Conspiracy - Prision Mayor min period b. Discharge of electric current
a. Any ammunition factory and other establishment where explosives, inflammable or c. Inundation, sinking, or stranding of a
combustible materials are stored. vessel, or intentional damaging of the engine
of said vessel
b. Any archive, museum, whether public or private, or any edifice devoted to culture, d. Taking up the rails from a railway track
education or social services. e. Maliciously changing railway signals for the
safety of moving trains
c. Any church or place of worship or other building where people usually assemble. f. Destroying telegraph wires and telegraph
posts or those of any other system
d. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of g. Using any other agency or means of
persons or property destruction as effective as those above
enumerated
e. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings. Burning of houses is considered as Simple
Arson
f. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building. g. Any building, If the property burned is an inhabited house
whether used as a dwelling or not, situated in a populated or congested area. or dwelling, it is not required that the house
be occupied by one or more persons and the
3. Other Cases of Arson offender knew it when the house was burned

a. Any building used as offices of the government or any of its agencies;

b. Any inhabited house or dwelling;

c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

d. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

e. Any rice mill, sugar mill, cane mill or mill central; and

f. Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances: There is no complex crime of Arson with
1. With intent to gain Homicide. If by reason or on occasion of
2. For the benefit of another arson, death results, the crime of Homicide is
3. Offender is motivated by spite or hatred towards the owner or occupant of the property absorbed in arson
burned
4. Committed by a syndicate
Prima Facie Evidence of Arson: Attempted Arson - commences the
1. The fire started simultaneously in more than 1 part of the bldg commission but was not able to execute all
2. A substantial amount of flammable materials are stored in the building acts
3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials - Pouring gasoline on rags but when
soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic was about to light the match, he was
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in discovered
the ruins or premises of the burned building or property - It is not necessary that there be a fire
4. The building or property is insured for substantially more than its actual value at the time
of the issuance of the policy Frustrated Arson - was able to light the
5. If during the lifetime of the corresponding fire insurance policy more than two fires have match but fire was put out before it had
occurred in the same or other premises owned or under the control of the offender and/or burned any part of the bldg.
insured
6. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the ordinary course of Consummated Arson - if before the fire was
business put out, it has already burned or charred a
7. Demand for money or other valuable consideration was made before the fire in exchange part of the building
for the desistance of the offender or for the safety of the person or property of the victim
Note: Setting fire to the contents of a bldg
constitutes consummated arson even if no
part of the bldg was burned
 ARTICLE 327. 1. Offender Special cases Any person The 3rd element
WHO ARE LIABLE deliberately caused mentioned under presupposes that the
FOR MALICIOUS damage to the article 328. offender acted due to
MISCHIEF property of another hate, revenge, or other
evil motive.
2. Such act does not
constitute arson or The offender should act
other crimes under the impulse of a
involving destruction specific desire to inflict
injury to another.
3. The act of
damaging another’s Malicious Mischief
property be CANNOT be committed
committed merely for thru negligence because
the sake of culpa and malice are
damaging it incompatible.

Malicious mischief
embraces those attempts
against another’s
property inspired
sometimes by hatred, or
a desire for revenge and
sometime by the mere
pleasure of destroying.

If there is no malice,
there is only civil liability.

Damage means not only

loss but also diminution
of what is a man’s own.

Damage to another’s
house includes defacing
it.

Damage must not result

from a crime.

A person may be charged

with malicious mischief
thru reckless imprudence
ARTICLE 328. Acts Punishable: Any peson >1k - Prision This article refers to
SPECIAL CASES OF Correccional min to qualified malicious
MALICIOUS 1. Causing damage med period mischief
MISCHIEF to obstruct the
(When Qualified) performance of 1k to 200 - Arresto
public function Mayor
 2. Using any <200 - Arresto
poisonous or Menor
corrosive substance

3. Spreading any
infection or
contagion among
cattle

4. Causing damage
to the property of
the National Museum
or National Library or
to any archive or
registry, waterworks,
road, promenade, or
any other thing used
in common by the
public
ARTICLE 329. The elements refer >1k - Arresto Mayor If the amount cannot be
OTHER to the other med to max period estimated, penalty is still
MISCHIEFS mischiefs not Arresto Menor
included in Art 328 1k to 200 - Arresto
Mayor min to med
period

<200 - Arresto
Menor OR fine
ARTICLE 330. Acts Punishable: Any person Qualifying Prision Correccional The derailment or
DAMAGE AND circumstance: med to max period collision should not have
OBSTRUCTION TO 1. Damaging any been purposely sought
MEANS OF railway, telegraph or Damage Derailment - Prision for by the offender.
COMMUNICATION telephone lines shall result in the Mayor
derailment of cars, It should NOT be
2. Qualified if the collision or other removing rails from
damage results in accident. railway track to cause
any derailment of destruction.
cars, collision or
other accidents Not applicable when the
telegraph or telephone
lines do not pertain to
railways
ARTICLE 331. Acts Punishable: Any person Statues - Prision
DESTROYING OR Correccional min
DAMAGING 1. Destroying or period
STATUES, PUBLIC damaging statues or
MONUMENTS any other useful or
OR PAINTINGS
 ornamental public Paintings - Arresto
monuments Menor OR 40k fine
OR BOTH
2. Destroying or
damaging any useful
or ornamental
painting of a public
nature
ARTICLE 332. Crimes Involved: The crime robbery or
PERSON EXEMPT 1. Theft estafa through
FROM CRIMINAL 2. Swindling (estafa) falsification is not
LIABILITY 3. Malicious Mischief included. The list is
exclusive.
Persons Exempt:
1. Spouses, There is only civil liability
ascendants and
descendants, or This article does not
relatives by affinity in apply to stranger who
the same line. participates in the
2. The widowed commission of the crime
spouse with respect
to the property which Stepfather, and
belonged to the stepmother are included
deceased spouse as ascendants by affinity
before the same shall
have passed into the An adopted or natural
possession of child should also be
another; and considered as relatives
3. Brothers and included in the term
sisters and brothers- “descendants” and a
in-law and sisters-in- concubine or paramour
law, if living within the term “spouses”
together.
Art 332 applies to
common-law spouses

Brothers and sisters and

brothers-in-law and
sisters-in-law MUST be
living together

TITLE ELEVEN: CRIMES AGAINST CHASTITY

ARTICLE 333. 1. The woman is Acts that constitute Married Woman and Abandonment w/o Prision Correccional The woman MUST be
WHO ARE GUILTY married adultery the Man just cause or sheer med to max period legally married and the
OF ADULTERY necessity is a man MUST know that she
2. She has sexual mitigating Abandoned - Arresto is married
intercourse with a circumstance for Mayor
man not her husband both parties There is still adultery
even if the marriage was
3. As regards the subsequently annulled or
man, he must know declared void
her to be married
Direct proof of carnal
knowledge is not
necessary, circumstantial
evidence is enough

Adultery is not a
continuing offense and
each sexual intercourse
constitute a crime of
adultery

The essence of adultery

is the violation of the
marital vow.

The gist of the crime of

adultery is 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, thus the
penalty is higher

Abandonment w/o just

cause or sheer necessity
is a mitigating
circumstance for both
parties

Requisites for Pardon:

1. Must come before the
institution of the criminal
prosecution
2. Both the offenders
must be pardoned

Act of intercourse
between the married
couple after an
adulterous conduct is an
implied pardon
 There can be no adultery
when there is consent
ARTICLE 334. 1. The man must be Acts Punishable: Married man Prision Correccional Penalty is lighter than
CONCUBINAGE married min to med period adultery because
1. Keeping a mistress infidelity of the husband
2. He committed any in the conjugal Woman - Destierro does not bring into the
of the acts above. dwelling family a spurious
offspring
3. As regards the 2. Having sexual
woman, she must intercourse, under Offender MUST be a
know him to be scandalous married man. The
married circumstances, with a woman becomes liable
woman who is not only if she knows that he
his wife is married

3. Cohabiting with A married man is not

her in any other liable for concubinage for
place mere sexual relations
with a woman not his
wife. Such MUST be
scandalous.
But scandalous
circumstances are not
necessary if he is keeping
the mistress in the
conjugal dwelling or
cohabiting with her

Instances of Scandalous
Circumstance:
1. He and his mistress
live in the same room of
a house
2. They appear together
in public
3. Perform acts in sight
of the community which
give rise to criticism and
general protest among
the neighbors

Sexual intercourse may

be proved by
circumstantial evidence

The people in the vicinity

are the best witnesses to
prove scandalous
circumstance
 When spies are
employed, no scandalous
circumstance is
necessarily proved

Cohabit - dwell together,

in the manner of
husband and wife, for
some period of time, as
distinguished from
occasional

A person who keeps a

mistress in an apartment
furnished by him is not
guilty of concubinage if
he does not live or sleep
with her in said
apartment
Art. 335.
WHEN AND HOW
RAPE IS
COMMITTED.
REPEALED

ARTICLE 336. 1. Offender commits Commission of any Any Person Prision Correccional Lewd - obscene, lustful,
ACTS OF any act of acts of lasciviousness indecent, lecherous. It
LASCIVIOUSNESS lasciviousness or signifies the form of
lewdness immorality which has
relation to moral impurity
2. The act of or that which is carried
lasciviousness is on a wanton manner
committed against a
person of either sex Motive of lascivious acts
is not important because
3. It is done under the essence of lewdness
any of the following is in the very act itself
circumstances:
a. By using force or The presence or absence
intimidation of lewd design is inferred
b. When the from the nature of the
offended party is acts themselves and the
deprived of reason or environmental
otherwise circumstances
unconscious
c. By means of
fraudulent
 machination or grave Lover’s embraces and
abuse of authority kisses are not acts of
d. When the lasciviousness
offended party is
under 12 years of Placing a man’s private
age or is demented parts over a girl’s genital
organ is an act of
lasciviousness

Moral compulsion
amounting to intimidation
is sufficient. It is not
necessary that the
intimidation or physical
force be irresistible

Desistance in the
commission of attempted
rape may constitute acts
of lasciviousness

No attempted or
frustrated crime of acts
of lasciviousness
ARTICLE 337. Seduction of a virgin Acts Punishable: 1. Those who abused Education - Prision The offended party must
QUALIFIED over 12 y/o and their authority Correccional min to be a virgin, over 12 y/o
SEDUCTION under 18 y/o by 1. Seduction of a med period and 18 y/o but NOT
certain persons virgin over 12 y/o a. Person in public necessarily physically
and under 18 y/o by authority Ascendant - Prision virgin
Elements: certain persons b. Guardian Mayor
1. The offended c. Teacher The virginity to which the
party is a virgin, 2. Seduction of a d. Person, who in Penal Code refers is not
which is presumed if sister by her brother, any capacity, is be understood in so
she is unmarried and or descendant by her entrusted with the material in a sense as to
of good reputation ascendant regardless education or custody exclude the idea of
2. She must be over of her age or of the woman abduction of a virtuous
12 y/o and under 18 reputation seduced woman of good
y/o reputation
3. The offender has 2. Those who abused
sexual intercourse confidence reposed There must be sexual
with her in them intercourse in qualified
4. There is abuse of a. Priest seduction
authority, confidence b. House servant
or relationship on the c. Dometic The character of the
part of the offender offender is what qualifies
3. Those who abused the crime
their relationship
a. Brother who Deceit is not an element
seduced his sister of qualified seduction. It
 b. Ascendant who is replaced by abuse of
seduced his confidence
descendant
Consent of the girl is not
a defense because lack of
consent is not an
element of the crime
ARTICLE 338. 1. Offended party is Any acts in violation Any person Arresto Mayor Victim MUST be over 12
SIMPLE over 12 y/o and to this article. y/o and under 18 y/o
SEDUCTION under 18 y/o
2. She must be of Virginity is NOT required.
good reputation, There MUST be sexual
single or widow intercourse to
3. Offender has consummate the crime
sexual intercourse
with her
4. Committed by
means of deceit
ARTICLE 339. 1. Offender commits Any acts in violation Any person Arresto Mayor Males cannot be the
ACTS OF acts of lasciviousness to this article. offended party in this
LASCIVIOUSNES or lewdness crime
WITH THE
CONSENT OF THE 2. The acts are It is necessary that the
OFFENDED PARTY committed upon a crime is committed under
woman who is: circumstances which
a. a virgin or single would make it qualified
or widow of good or simple seduction had
reputation there been sexual
b. under 18 y/o but intercourse
over 12 y/o
c. a sister or Consent is obtained by
descendant abuse of authority,
regardless of her confidence or relationship
reputation or age or by deceit

3. Offender
accomplishes the
acts of abuse of
authority,
confidence,
relationship, or
deceit
ARTICLE 340. Acts Punishable: Any person Prision Mayor Habituality or abuse of
CORRUPTION OF authority or confidence is
MINORS (AS 1. Promoting or Publiv Officer -Prision not necessary
AMENDED BY BP facilitating the Mayor + Temporary
92) prostitution or Absolute It is not necessary that
corruption of minors Disqualification the unchaste acts shall
have been done
 to satisfy the lust of
another
R.A No. 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Provision Elements/Acts Offender Penalty Jurisprudence/Notes
SECTION 5. Acts Punishable: Any person Reclusion Temporal med period to
Child Prostitution Reclusion Perpetua
and Other Sexual 1. Engaging in or promoting, facilitating or inducing child prostitution
Abuse which include but not limited to:

a. Acting as a procurer of a child prostitute

b. Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means
c. Taking advantage of influence or relationship to procure a child as
prostitute
d. Threatening or using violence towards a child to engage him as a
prostitute
e. Giving monetary consideration, goods, other pecuniary benefit to a
child

2. Committing the act of sexual intercourse of lascivious conduct with

a child exploited in prostitution or subject to other sexual abuse

3. Deriving profit or advantage therefrom, whether as manager or

owner of the establishment where the prostitution takes place, or of
the sauna, disco, bar, resort, place of entertainment or establishment
serving as a cover or which engages in prostitution in addition to the
activity for which the license has been issued to said establishment

SECTION 6. There is an attempt to commit child prostitution under Section 5,

Attempt to paragraph (a) hereof when any person who, not being a relative of a
Commit Child child, is found alone with the said child inside the room or cubicle of a
Prostitution house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area
under circumstances which would lead a reasonable person to believe
that the child is about to be exploited in prostitution and other sexual
abuse.
ARTICLE 341. Acts Punishable: Any person Prision Correccional One of the acts
WHITE SLAVE med to max period punishable is sufficient to
TRADE 1. Engaging in the constitute the offense
business of
prostitution Habituality is not
2. Profiting by necessary
prostitution
3. Enlisting the Offender need not be the
services of women owner of the house and
for the purpose of the mainter or manager
prostitution of house of ill-repute
 need not be present at
the time of raid or arrest
ARTICLE 342. 1. Person abducted is Any acts that Any person Reclusion Temporal Crimes Against Chastity
FORCIBLE any woman, constitute forcible Where Age and
ABDUCTION regardless, of her abduction Reputation of Victim are
age, civil status, or Immaterial:
reputation 1. Rape
2. The abduction is 2. Acts of Lasciviousness
against her will w/o consent
3. The abduction is 3. Qualified seduction of
with lewd designs sister or descendant
4. Forcible abduction

The taking away of the

woman MUST be against
her will and may be
accomplished by means
of deceit first then
followed by violence and
intimidation

If victim is below 12 y/o,

crime is forcible
abduction even if she
goes voluntarily

Sexual intercourse is not

necessary in forcible
abduction

Intent to marry does not

constitute unchaste
designs when both
defendant and the
woman have the required
age for consenting to
marriage
ARTICLE 343. 1. The offended Acts in violation to Any person Prision Correccional If victim is below 12 y/o,
CONSENTED party must be a this article. min to med period it’s forcible abduction
ABDUCTION virgin
2. She must be over The taking away of the
12 y/o and under 18 girl need NOT be of
y/o permanent character
3. The taking away
of the offended party Offended party need not
must be with her be taken from her house.
consent, after It is sufficient that he
solicitation or was instrumental to her
escape
 cajolery from the
offender When there is no
4. The taking away solicitation or cajolery or
of the offended party deceit, there is no crime
must be with lewd
designs The taking away MUST
be with lewd designs
ARTICLE 344. Rules: Crimes against chastity
PROSECUTION OF 1. Adultery and cannot be prosecuted de
THE CRIMES OF concubinage must be oficio out of
ADULTERY, prosecuted upon consideration for the
CONCUBINAGE, complaint signed by offended woman and her
SEDUCTION, the offended spouse family who might prefer
ABDUCTION, RAPE to suffer the outrage in
AND ACTS OF 2. Seduction, silence rather than go
LASCIVIOUSNESS abduction, rape, or through with the scandal
acts of lasciviousness of a public trial
must be prosecuted
upon complaint Rape is now a crime
signed by: against persons and thus,
a. Offended party may be prosecuted de
b. Her parents oficio by any person
c. Grandparents
d. Guardians in the Adultery and
order in which they concubinage may not be
are named above prosecuted except upon
the complaint of the
offended spouse and only
the offended spouse can
file the complaint

Both the guilty parties, if

both alive, must be
included in the complaint
for adultery and
concubinage even if one
of them is not guilty
because it is for the court
to decide the guilt of the
parties

In the case of seduction,

abduction, rape or acts of
lasciviousness, the
offended party can file
the complaint even if she
is a minor given that she
is not insane or physically
disabled

When the offended party

is a minor and she does
not file the complaint,
such may be done by her
parents

When the offended party

is of age and is in
complete possession of
her mental and physical
faculties, she alone can
file the complaint

The complaint, which

must be signed by the
offended party, must be
filed in court and not with
the fiscal

Rape complexed with a

another crime need not
signed by the offended
woman because public
interest is always
paramount to private
interest

Express pardon of the

offender by the victim or
other persons named in
the law, as the case may
be, is a bar to
prosecution for
seduction, abduction,
rape, or acts of
lasciviousness

Pardon by the victim who

is a minor MUST have the
concurrence of her
parents

Marriage extinguishes
criminal liability in
abduction, acts of
 lasciviousness, seduction
and rape
ARTICLE 345. Civil Liability in Rape, No civil liability for acts of
CIVIL LIABILITY Seduction or lasciviousness
OF PERSONS Abduction:
GUILTY OF In multiple rape, all the
CRIMES AGAINST 1. To indemnify the accused must support
CHASTITY offended woman the offspring
2. To acknowledge
the offspring, unless
the law should
prevent him from
doing so
3. In every case, to
support the offspring
ARTICLE 346. The ascendants, Persons who Cooperate
LIABILITY OF guardians, curators, as Accomplices but are
ASCENDANTS, teachers and any Punished as Principals in
GUARDIANS, person who, by Rape, Seduction,
TEACHERS, OR abuse of authority or Abduction, Etc:
OTHER PERSONS confidential
ENTRUSTED WITH relationships, shall 1. Ascendants
THE CUSTODY OF cooperate as 2. Guardians
THE OFFENDED accomplices in the 3. Curators
PARTY perpetration of the 4. Teachers
crimes embraced in 5. Any other person, who
chapters, second, cooperates as accomplice
third and fourth, of with abuse of authority
this title, shall be or confidential
punished as relationship
principals.

Teachers or other
persons in any other
capacity entrusted
with the education
and guidance of
youth, shall also
suffer the penalty of
temporary special
disqualification in its
maximum period to
perpetual special
disqualification.

Any person falling

within the terms of
this article, and any
other person guilty of
 corruption of minors
for the benefit of
another, shall be
punished by special
disqualification from
filling the office of
guardian.

TITLE TWELVE: CRIMES AGAINST CIVIL STATUS OF A PERSON

ARTICLE 347. Concealing or Acts Punishable: Any person Prision Mayor + 200k The object of the crime
SIMULATION OF abandoning any 1. Simulation of fine under this article is the
BIRTHS, legitimate child with births creation of false, or the
SUBSTITUTION OF intent to cause such 2. Substitution of one Physician - Prision causing of the loss of,
ONE CHILD FOR child to lose its civil child for another Mayor + 200k fine + civil status
ANOTHER, status 3. Concealing or temporary special
CONCEALMENT OR abandoning any disqualification Simulation of Birth -
ABANDONMENT Elements: legitimate child with takes place when the
OF A a. Child must be intent to cause such woman pretends to be
LEGITIMATE legitimate child to lose its civil pregnant when in fact
CHILD b. Offender conceals status she is not, and on the
or abandons such day of the supposed
child delivery, takes the child
c. Offender has of another as her own.
intent to cause such
child to lose its civil When the purpose of
status such woman is to just
belie the reputation that
she is sterile but
introduces no strange
child in the family and
causes no child to lose
his civil status, and in
fact, occasions no
damage, no liability

The fact that the child

will be benefited by the
simulation of its birth is
not a defense

There MUST be intent to

cause such child to lose
its civil status in
abandoning or concealing
a legitimate child
ARTICLE 348. Acts Punishable: Any person Prision Mayor The term “civil status”
USURPATION OF Fraud - Prision includes one’s public
CIVIL STATUS Representing oneself Correccional med to station, or the rights,
to another and max period duties, capacities and
 assuming the filiation incapacities which
or the parental or determine a person to a
conjugal rights of given class.
such person - Includes one’s
profession

There MUST be intent to

enjoy the rights arising
from the civil status of
another

The purpose of
defrauding the victim or
his heirs qualifies the
crime
ARTICLE 349. 1. Offender has been Any act in violation Married person Prision Mayor Nullity of marriage is not
BIGAMY legally married to this article. a defense in bigamy,
2. Marriage has not because there MUST be a
been legally judicial declaration of
dissolved or in case nullity of a marriage
his or her spouse is before contracting a 2nd
absent, the absent marriage
spouse could not yet
be presumed dead Art 349 punishes the act
according to Civil of contracting a second
Code or subsequent marriage
3. He contracts a before the dissolution of
second or the former marriage
subsequent marriage
4. The second or
subsequent marriage
has all the essential Rule on Divorce:
requisites for validity 1. If the spouse is Filipino
citizen, still guilty
2. If the spouse is alien,
not guilty

Important Notes:
1. The first marriage
MUST be valid
2. A declaration of
presumptive death
should first be obtained
from the courts
3. 2nd marriage MUST
have all the essential
requisites
 - If the 2nd
marriage is void, there is
no bigamy

Validity of 2nd marriage

is a prejudicial question
to liability for bigamy

Second spouse is NOT

necessarily liable for
bigamy, such question is
up to fiscal

If the second spouse

KNEW of the first
marriage, he/she is an
accomplice as well as the
witnesses

Bigamy is NOT a private

crime A person convicted
of bigamy may still be
prosecuted for
concubinage
ARTICLE 350. 1. Offender Any person Qualifying Prision Correccional Offender MUST not be
MARRIAGE contracted marriage Circumstance: med to max period guilty of bigamy
CONTRACTED If the consent is
AGAINST 2. He knew at the obtained by means Violence - Prision Conviction of a violation
PROVISIONS OF time that of violence, Correccional max of Art 350 involves moral
LAWS (Illegal a. The requirements intimidation period turpitude
Marriage) of the law were not
complied with Requirements of the Law
b. The marriage was for Valid Marriage:
in disregard of a 1. Legal capacity of the
legal impediment contracting parties who
must be a male and
female

2. Consent freely given in

the presence of the
solemnizing officer

3. Authority of the
solemnizing officer

4. A valid marriage
license, except in
marriages of exceptional
character
 5. A marriage ceremony
which takes place with
the appearance of the
contracting parties before
the solemnizing office
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
ARTICLE 351. Persons Liable for Any act in violation Widow and Annulled Arresto Mayor This provision is intended
PREMATURE Premature to this article. Woman to prevent confusion in
MARRIAGES Marriages: connection with filiation
1. A widow who and paternity, inasmuch
married within 301 as the widow might have
days from the date conceived and become
of the death of her pregnant by her late
husband or before husband
having delivered if
she is pregnant at The purpose of the law is
the time of his death to prevent doubtful
paternity
2. A woman who, her
marriage having The period of 301 days
been annulled or may be disregarded if the
dissolved married 1st husband is sterile or
before her delivery or impotent
before the expiration
of the period of 301 The period of 301 says is
days after the date important only for cases
of the legal where the woman is not
separation pregnant
ARTICLE 352. Act Punishable: Priests, Ministers, The penalty provided Offender MUST be
PERFORMANCE OF Civil Authorities under the provisions authorized to solemnize
ILLEGAL Performing or of marriage law. marriages
MARRIAGES authorizing any
illegal marriage Offender is punished
ceremony under the Marriage Law

A clergyman who
performed a marriage
ceremony, not knowing
that one of the
contracting parties is a
minor is not liable

Art. 352 presuppose that

 the priest or minister or
civil authority is
authorized to solemnize
marriages. If the accused
is not authorized to
solemnize marriage and
he performs an illegal
marriage ceremony, he is
liable under Art. 177
(usurpation of authority
or public function).

TITLE THIRTEEN: CRIMES AGAINST HONOR

ARTICLE 353. Elements: Any person Defamation is the proper
DEFINITION OF term for libel as used in
LIBEL 1. There must be an Art 353
imputation of a
crime, or of a vice or Defamation
defect, or imaginary, - includes libel and
or any act, omission, slander
status, or - The offense of injuring
circumstance a person’s character,
2. The imputation fame or reputation
must be made through false and
publicly malicious statements
3. It must be - Tends to injure
malicious reputation
4. The imputation - Publication of anything
must be directed to which is injurious to the
natural or juridical or good name or reputation
one who is dead of another or tends to
5. The imputation bring him into disrepute
must tend to cause
the dishonor, Slander - oral defamation
discredit, or
contempt of the Libel - defamation
person defamed committed by means of
writing, printing,
lithography, engraving,
Coverage of radio, phonograph,
Defamatory painting or theatrical or
Imputation: cinematographic
1. Crime allegedly exhibition or similar
committed by the means
offended party
2. Vice or defect, real The alleged libelous
or imaginary of the article must be construed
offended party as a whole, the meaning
of the writer is immaterial
3. Any act, omission, - The meaning of the
condition, status of, writer is immaterial, it is
or circumstance the meaning CONVEYED
relating to the to the minds of persons
offended party of reasonable
understanding that the
law looks at, taking into
consideration the
surrounding
circumstances

Imputation of a crime
may be implied from the
acts and statements of
the accused

Imputation of criminal
intention is NOT libelous
because intent to commit
a crime is not a violation
of the law

An expression of opinion
by one affected by the
act of another and based
on actual fact is not
libelous

In order to avoid liability,

communication MUST be
made in the performance
of a “legal, moral, or
social duty”

Imputation MUST be
made PUBLICLY

Publication -
communication of the
defamatory matter to
some third person or
persons

Delivering the article to

the typesetter is
sufficient publication

Sending a letter in a
sealed envelope through
a messenger, is NOT
publication but when
such letter is not seated,
there is publication

There is NO crime if the

defamatory imputation is
NOT published

There MUST be malice

Malice - term used to

indicate the fact that the
offender is prompted ill-
will or spite and speaks
not in response to duty,
but merely to injure the
reputation of the person
defamed

Two Kinds of Malice:

1. Malice in Fact - May be
shown by proof of ill-will,
hatred or purpose to
injure
2. Malice in Law -
Presumed from a
defamatory imputation

Where the
communication is
privileged, malice is not
presumed from the
defamatory words; the
prosecution must prove
malice whenever the
imputation appears in a
privileged communication

Malice in law is not

necessarily inconsistent
with an honest or even
laudable purpose. But
where malice in fact is
present, justifiable
motive cannot exist and
the imputation becomes
actionable
 Identification of the
offended party IS
REQUIRED

It is not sufficient that

the offended party
recognized himself as the
person attacked or
defamed, it must be
shown that at least a
third person could
identify him as the object
of the libelous publication

Purpose MUST be to
injure the reputation of
the offended party
ARTICLE 354. Exception to Malice in law is presumed
REQUIREMENT Presumption of from every defamatory
FOR PUBLICITY Malice: imputation

1. A private Presumption is Rebutted

communication made When:
by any person to 1. The defamatory
another in the imputation is true, in
performance of any case the law allows proof
legal, moral, or social of the truth of the
duty imputation
2. It is published with
Requisites of good intention
Privileged 3. There is justifiable
Communication: motive for making it
a. The person who
made the
communication had a
legal, moral or social Two Kinds of Privileged
duty to make the Communication:
communication, or at
least, had an interest 1. Absolute
to be upheld - NOT actionable, EVEN
IF its author has acted in
b. The bad faith
communication is
addressed to an 2. Conditional or
officer or board or Qualified
superior having some - Those which, although
interest or duty in containing defamatory
the matter imputations, would not
be actionable UNLESS
c. The statements in made with malice or bad
the communication faith
are made in good - Loss by proof of malice
faith and without
malice
The charges or
accusations MUST be
2. A fair and true made in private
report, made in good communication
faith, without any
comments or Even when the
remarks of any statements are found to
judicial, legislative, or be false, if there is
other official probable cause for belief
proceeding which are in their truthfulness and
not of confidential the charge is made in
nature, or of any good faith, the mantle of
statement, report or privilege may sill cover
speech delivered in the mistake of the
said proceedings, or individual
of any other act
performed by public But the statement MUST
officers in the be made under an honest
exercise of their sense of duty; a self-
functions seeking motive is
destructive
Requisites of Fair
and True Report: Generally speaking, truth
is NOT a defence in libel.
a. It is a fair and true An offender may NOT
report of a judicial, invoke ‘truth’ as a
legislative or other defence in libel, because
official proceeding libel is a punishable act
which are NOT of a wherein the law looks at
confidential nature; the effect to the minds of
or a the public and NOT at
statement/speech/re the intrinsic value of the
port delivered in said publication
proceeding, or of any
other act performed Malice in law is presumed
by a public official in from every defamatory
the exercise of his imputation, EVEN IF it
functions were true, the
presumption still exists if
b. It is made in good no good intention and
faith justifiable motive for
making it is shown
c. It is without any A report with comments
comments or or remarks is not
remarks privileged

In order to overcome the

privilege of a fair and
true report, malice MUST
be shown

Only matters which are

NOT confidential can be
published

Doctrine of Fair Comment

- While in general, every
discreditable imputation
publicly made is deemed
false, because every man
is presumed innocent
until his guilt is judicially
proved, and every false
imputation is deemed
malicious nevertheless,
when the discreditable
imputation is directed
against a public person in
his public capacity

Retaliation or
vindictiveness CANNOT
be a basis of self-defense
in defamation
R.A. No. 4200: THE ANTI-WIRE TAPPING ACT
Elements/Acts Offender Penalty Jurisprudence/Notes
Acts Punishable: Any person Imprisonment for not Requirements for Written Order:
1. Tapping any wire or cable less than 6 months 1. There are reasonable grounds to believe
2. Using any other device or arrangement, to secretly overhear, or more than 6 years that any of the crimes enumerated
intercept, or record such communication or spoken word by using a + perpetual absolute hereinabove has been committed or about to
device commonly known as dictaphone or dictagraph or detecta- disqualification be committed
phone or walkie talkie or tape recorder or however otherwise 2. There are reasonable grounds to believe
described that evidence will be obtained essential to the
3. Knowingly possessing any tape record, wire record, disc record, or conviction of any person for, or to the
any other such record or copies thereof, of any communication or solution of, or to the prevention of, any such
spoken word secured either before or after the effective date of this crimes
Act in the manner prohibited by this law 3. There are no other means readily available
4. Replaying the same for any other person or persons for obtaining such evidence
5. Communicating the contents thereof, either verbally or in writing
6. To furnish transcriptions thereof, whether complete or partial, to The Order Shall Specify:
any other person
 1. The identity of the person or persons
whose communications, conversations,
discussions, or spoken words are to be
overheard, intercepted, or recorded and, in
case of telegraphic or telephonic
communications, the telegraph line or the
telephone number involved and its location
2. The identity of the peace officer authorized
to overhear intercept, or record the
communications, conversations, or spoken
words
3. The offense or offenses committed or
sought to be prevented
4. The period of the authorization
Any evidence obtained in violation of this law
is inadmissible in evidence

This law does not cover an extension line

ARTICLE 355. A Libel May Be Act in violation to Any person Prision Correccional Defamation through
LIBEL BY MEANS Committed by Means this article. min to med period amplifier is not libel but
OF WRITING OR of: OR 40k to 1.2M fine oral defamation Means of
SIMILAR MEANS publication
1. Writing
2. Printing MUST be of permanent
3. Lithography nature
4. Engraving
5. Radio
6. Phonograph Defamation made in
7. Painting television program is libel
8. Theatrical
exhibition
9. Cinematographic
exhibition
10. Similar means
ARTICLE 356. Acts Punishable: Any person Arresto Mayor OR Refers to blackmail
THREATENING TO 40k to 400k fine OR
PUBLISH AND 1. Threatening BOTH Blackmail - any unlawful
OFFER TO another to publish a extortion of money by
PREVENT SUCH libel concerning him, threats of accusation or
PUBLICATION FOR or his parents, exposure
A COMPENSATION spouse, child, or
other members of his Felonies Which Refers to
family Blackmail:

2. Offering to 1. Light Threats (Art 283)

prevent the 2. Threatening to
publication of such publish, or offering to
libel for prevent the publication
 compensation, or of, a libel for
money consideration compensation (Art 356)
ARTICLE 357. 1. The offender is a Any act in violation Any person who is a Arresto Mayor OR This article refers to Gag
PROHIBITED reporter, editor or to this article reporter, editor or 40k to 200k fine OR Law
PUBLICATION OF manager of a manager of a BOTH
ACTS REFERRED newspaper daily or newspaper daily or Prohibition applies even if
TO IN THE magazine magazine the facts are involved in
COURSE OF 2. He publishes facts official proceedings
OFFICIAL connected with the
PROCEEDINGS private life of another Two Things to Constitute
3. Such facts are a Violation of the
offensive to the Prohibition:
honor, virtue, and 1. The article published
reputation of said contains facts connected
person with the private life of an
individual
2. Such facts are
offensive to the honor,
virtue, and reputation of
said person

The 2 requisites MUST

concur
ARTICLE 358. Two Kinds of Oral Any act in violation Any person Simple - Arresto Slander - Oral defamation
SLANDER Defamation: to this article Mayor max period to
(oral defamation) Prision Correccional Factors That Determine
1. Simple Slander min period The Gravity of Oral
2. Grave Slander, Defamation:
when it is of a Grave - Arresto 1. Upon the expressions
serious and insulting Menor + 20k fine used
nature 2. On the personal
relations of the accused
and the offended party
3. The circumstances
surrounding the case
4. Social standing and
the position of the
offended party

The slander need not be

heard by the offended
party

There is oral defamation,

even if other persons and
not the offended party
heard the slanderous
words, because a man’s
reputation is the estimate
 in which others hold him,
not the good opinion
which he has of himself
ARTICLE 359. 1. Offender performs Any act in violation Any person Serious - Arresto Slander by Deed - a
SLANDER any act not included to this article. Mayor max period to crime against honor
BY DEED in any other crime Prision Correccional which is committed by
against honor min period OR 20k to performing any act which
2. Such act is 100k fine casts dishonor, discredit,
performed in the or contempt upon
presence of other Not Serious - Arresto another person
person or persons Menor OR 20k fine
3. Such act casts Two Kinds:
dishonor, discredit or 1. Simple slander by
contempt upon the deed
offended party 2. Grave slander by deed,
which is of a serious
nature

Slander by deed refers to

performance of an act,
not use of words
ARTICLE 360. Persons Responsible Any person The prime requisite of
PERSONS for Libel: the crime of libel is not
RESPONSIBLE FOR necessarily the
LIBEL 1. Person who composing of the article
publishes, exhibits, but the publishing of it
or causes the
publication or The editor of a daily
exhibition of any newspaper, magazine or
defamation in writing serial publication is liable
or similar means for the defamation
contained therein to the
2. Author or editor of same extent as if he
a book or pamphlet were the author thereof

3. Editor or business
manager of a daily Venue for Criminal and
newspaper magazine Civil Action:
or serial publication 1. Where the libelous
article is printed and first
4. Owner of the published
printing plant which 2. Where any of the
publishes a libelous offended parties actually
article with his resides at the time of the
consent and all other commission of the
persons who in any offense
way participate in or 3. If the offended party is
have connection with a public officer, at the
its publication
 province or city where he
held office

Civil and criminal actions

must be filed in the same
court

The court where the

criminal action or civil
action for damages is
first file shall acquire
jurisdiction to the
exclusion of other courts

Actual damages need not

be proved, at least where
the publication is libelous
per se o when the
amount of the award is
more or less nominal

No remedy for damages

for slander or libel in case
of absolutely privileged
communication
ARTICLE 361. When proof of the
PROOF truth is admissible in When the imputation
OF TRUTH a charge for Libel: involves the private life of
a gov’t employee which is
1. When the act or
not related to the
omission imputed
constitutes a crime discharge of his official
regardless of duties, the offender
whether the cannot prove the truth
offended party is a thereof
private individual or
a public officer.
2. When the
offended The proof of the truth of
party is a the accusation cannot be
government
made to rest upon mere
employee, even if
the imputation does hearsay, rumors, or
not constitute a suspicion.
crime, provided it is
related to the It MUST rest upon
discharge of his positive, direct evidence
official duties. upon which a definite
 finding may be made the
Court

Three Requisites of
Defense in Defamation:

1. If it appears that the

matter charged as
libelous is true

2. It was published with

good motives

3. And for justifiable ends

The goodness of the

intention is not always
sufficient by itself to
justify the publication of
an injurious fact.

Retraction and mistake of

publication is only a
mitigating circumstance

ARTICLE 362. Libelous remarks or If remarks or comments

LIBELOUS comments connected are made upon a matter
REMARKS with the matter privileged, and malice in
privileged under the a fact is proved, the
provisions of art.354, author and the editor are
if made with malice, liable
shall not exempt the
author thereof, nor
the editor of a
newspaper from
criminal liability
ARTICLE 363. 1. Offender performs Performing an act Any person Arresto Mayor This article is limited to
INCRIMINATING an act that incriminates or acts of “planting”
INNOCENT 2. Such act he imputes to an evidence and the like,
PERSONS directly incriminates innocent person the which do not in
or imputes to an commission of a themselves constitute
innocent person the crime false prosecution but
commission of a tend directly to cause
crime false prosecutions
 3. Act does not
constitute perjury
ARTICLE 364. Acts Punishable: Any person Arresto Menor OR Includes in its scope any
INTRIGUING 20k fine scheme or plot which
AGAINST Making any intrigue consists of some trickery
HONOR which has for its for the above-defined
principal purpose to purpose
blemish the honor or
reputation of another Gossiping, which is done
person by availing directly of
spoken words =
Defamation, NOT
intriguing against honour

Where the source of the

information given can be
pinpointed and definitely
determined, and it passes
from one to another for
the purpose of causing
dishonour, the crime is
Slander

But where the source or

the author of the
derogatory information
cannot be determined
and the defendant
borrows that information
and without subscribing
to the truth thereof,
passes it to others, the
crime is intriguing against
honour

TITLE FOURTEEN: QUASI-OFFENSES

ARTICLE 365. Elements of Reckless Acts Punishable: Any person Qualifying Intentional reckless Reckless Imprudence -
IMPRUDENCE AND Imprudence: 1. Committing Circumstance: imprudence that voluntarily, but
NEGLIGENCE through reckless Failing to lend help. would constitute a WITHOUT malice, doing
1. Offender does or imprudence any act It raises the penalty grave felony- arresto or failing to do an act
fails to do an act which, had it been one degree higher. mayor in its from which material
intentional, would maximum period to damage results by reason
2. The doing constitute a grave or Contributory prision correccional of inexcusable lack of
of/failure to do that less grave or light negligence- mitigates in its medium period precaution on the part of
act is voluntary felony criminal liability. the person performing or
failing to perform such
3. It is without 2. Committing Intentional reckless act, taking into
malice through simple imprudence that consideration his
imprudence or would constitute a employment or
4. Material damage negligence an at less grave felony- occupation, degree of
results which would arresto mayor in its intelligence, physical
otherwise constitute minimum and condition and other
5. There is a grave or a less medium periods. circumstances regarding
inexcusable lack of serious felony persons, time and place
precaution on the Intentional reckless
part of the offender, 3. Causing damage imprudence that
taking into to the property of would constitute a Simple Imprudence -
consideration: another through light felony- arresto consists in the lack of
reckless imprudence menor in its precaution displayed in
a. His employment or or simple imprudence maximum period. those cases wherein the
occupation or negligence damage impending to be
b. Degree of Simple imprudence caused is not immediate
intelligence, physical 4. Causing through or negligence, shall nor the danger clearly
condition simple imprudence or commit an act which manifest
c. Other negligence some would otherwise
circumstances wrong, which if done constitute a grave *If the act performed
regarding persons, maliciously, would felony- arresto would NOT constitute a
time and place have constituted a mayor in its medium felony (grave/less
light felony and maximum grave/light) under any
Elements of Simple periods other provision of the
Imprudence: Code which defines
Simple imprudence intentional felony, art.365
1. There is a lack of or negligence, shall is not applicable. There is
precaution on the commit an act which no crime committed.
part of the offender would otherwise
constitute a less
2. The damage serious felony- Imprudence or
impending to be arresto mayor in its negligence is NOT a
caused is not minimum. crime in itself, but rather
immediate or the a way of committing one;
danger is not clearly When the execution it merely determines a
manifest of the act covered by lower degree of criminal
this article shall have liability and becomes
only resulted in punishable ONLY when it
damage to the results in a felony
property of another-
fine ranging from an
amount equal to the Criminal negligence is a
value of said quasi-offense, dealt with
damages to three separately from wilful
times such value, but offenses; what is
which shall in no principally penalized is
case be less than the mental attitude or
twenty-five pesos. condition behind the act,
the dangerous
recklessness, the lack of
Simple imprudence care or foresight
or negligence, shall
cause some wrong
which, if done Imprudence - deficiency
maliciously, would of ACTION; failure in
have constituted a PRECAUTION
light felony-
A fine not exceeding
two hundred pesos Negligence - deficiency of
and censure PERCEPTION; failure in
ADVERTENCE

In the imposition of Criminal Negligence

these penalties, the presupposes lack of
court shall exercise intention to commit the
their sound wrong done, but that it
discretion, without came about due to
regard to the rules imprudence on the part
prescribed in Article of the offender
sixty-four.
Art.64 relative to
mitigating and
aggravating
circumstances is NOT
applicable to crimes
committed through
negligence; courts shall
exercise sound discretion
by judging on a case-by-
case basis

Contributory Negligence
is NOT a complete
defence, it merely
mitigates criminal liability

Doctrine of Last Clear

Chance
- the contributory
negligence of the injured
party will not the defeat
the action if it is shown
that the accused might
have avoided the
consequences of the
negligence of the injured
party by the exercise of
reasonable care and
prudence
Emergency Rule
- An accused who, by
the negligence of another
and not by his own
negligence, is suddenly
placed in an emergency
and compelled to act
instantly to avoid injury is
not guilty of negligence if
he makes such a choice
which a person of
ordinary prudence placed
in such a position might
make, even though he
did not make the wisest
choice

Violation of a rule and

regulation or law is proof
of negligence