ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS
That the offender is a public officer, employee, or notary
Elements:
1. That there be a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal council.
2. That the offender alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the
document.
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, OR
NOTARY OR ECCLESIASTIC MINISTER.
1. Counterfeiting or imitating any handwriting, signature, or
rubric;
2. Causing it to appear that persons have participated in any
act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine
document which changes its meaning;
7. Issuing in an authenticated form a document purporting to
be a copy of an original document when no such original
exists, or including in such copy a statement contrary to, or
different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
Elements:
1.
public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing said acts.
4. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or
document of such character that its falsification may affect the
civil status of persons.
The offender takes advantage of his official position in
falsifying a document when
(1) he has the duty to make or to prepare or otherwise to
intervene in the preparation of the document; or
(2) he has the official custody of the document which he
falsifies.
◦ Even if the offender was a public officer but if he did not take
advantage of his official position, he would be guilty of
falsification of a document by a private person under Art. 172.
◦ A document is any written statement by which a right is
established or an obligation extinguished. (No falsification if
it is not a document. It is not a document if it is not yet
complete. Example: Form without signature) (Sa Recto not yet
a document because not yet complete)
Four kinds of documents:
1. Public - any instrument notarized by a notary public or
competent public official with the solemnities required by law.
2. Official – any document issued by a public official in the
exercise of his official function.
3. Private – any document executed by private persons
without the intervention of a notary public or any other
authorized persons
4. Commercial is any instrument executed in accordance with
the Code of Commerce or any mercantile law containing
disposition of commercial rights or obligations.
◦ A private document may become a public or official
document when it becomes a part of the public or official
record.
In falsification by (1) making alteration or intercalation, or (2)
including in a copy a different statement, there must be a
genuine document that is falsified. Thus, in paragraphs 6, 7,
in its second part, and 8 of Art. 171, the law requires that
there be a genuine document.
In the other paragraphs of Art. 171, falsification may be
committed by simulating or fabricating a document.
(To intercalate = to add)
1. COUNTERFEITING OR IMITATING ANY HANDWRITING,
SIGNATURE, OR RUBRIC (wrong interpretation of Spanish:
imitating, it should be feigning)
Two ways of committing falsification:
(1) counterfeiting, which is imitating any handwriting,
signature or rubric; and
(2) feigning, which is simulating a signature, handwriting or
rubric out of one which does not in fact exist.
(to rubricate is to: add elaborate, typically red, capital letters
or other decorations to (a manuscript))
Requisites of counterfeiting:
(1) that there be an intent to imitate, or an attempt to imitate,
(2) that the two signatures or handwritings, the genuine and
the forged, bear some resemblance to each other.
◦ If there is no attempt whatsoever by the accused to imitate
the signatures of other persons so that they are entirely
unlike the genuine signatures of those persons, the accused
may be found guilty under paragraph 2, Art. 171, in causing it
to appear that those persons have participated in the act
when they did not in fact so participate.)
2. CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED
IN AN ACT OR A PROCEEDING.
3. ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN
ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN
FACT MADE BY THEM.
4. MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF
FACTS.
Requisites:
1. The offender has a legal obligation to disclose the truth of
the facts narrated;
2. He has knowledge that the facts narrated by him are false;
3. The offender makes in a document untruthful statement in
a narration of facts;
4. There must be wrongful intent to injure a third party.
◦ The existence of a wrongful intent to injure third persons is
not necessary when the falsified document is a public
document. This is in violation of the public faith and the and
the destruction of the truth as therein solemnly proclaimed. It
ruins the sanctity of a public document.
5. ALTERING TRUE DATES
◦ There is falsification if the date is material to the document.
◦ An honest altercation in order to make a document speak for
the truth is not falsification. The essence of falsification is to
make a document speak a falsity.
6. INTERCALATION OR SUBSTITUTION IN A GENUINE
DOCUMENT WHICH CHANGES ITS MEANING.
7.A. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT
PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT
WHEN NO SUCH DOCUMENT EXISTS.
7.B. INCLUDING IN A DOCUMENT A STATEMENT CONTRARY
TO OR DIFFERENT FROM THAT OF THE GENUINE ORIGINAL
8. INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO
THE ISSUANCE THEREOF IN A PROTOCOL, REGISTRY OR
OFFICIAL BOOK.
◦ In falsification of public document, damage or intent to
cause damage to another party is not necessary. What is
violated is public faith.
◦ In falsification of private document, damage or intent to
damage is necessary.
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE
OF FALSIFICED DOCUMENTS
Acts punished:
1. Falsification of public, official or commercial document by a
private individual.
2. Falsification of private document by any person.
3. Use of falsified document.
Elements of 1st act:
1. That the offender is a private individual or a public officer or
employee who did not take advantage of his official position.
2. That he committed any of the acts of falsification
enumerated in Art. 171.
3. That the falsification was committed in a public or official or
commercial document.
Elements of 2nd act:
1. That the offender committed any of the acts of falsification,
except those in paragraph 7, enumerated in Art. 171.
2. That the falsification was committed in any private
document.
3. That the falsification caused damage to a third party or was
committed with intent to cause such damage. (Necessary in
private documents)
◦ This type of falsification may not be complexed with other
crimes.
◦ There is no falsification of private document through reckless
imprudence. (Intent necessary)
◦ When the private document was falsified before it becomes
part of official record: art 172, not 171. Unless intended by law
to be part of the public or official record.
◦ The acts of falsification mentioned in paragraph 7 of Art. 171
cannot be committed by a private individual.
Use of falsified document
◦ If the person who falsified it uses it to damage another
person, he cannot be charged with both falsification and use
of such. He will be liable for falsification. However, if he is
acquitted, he may be prosecuted for its use. Since they have
different elements, double jeopardy is not applicable.
◦ A person in possession of a falsified document and who
made use of the same is presumed to be the falsifier.

ART. 173 FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH
AND TELEPHONE MESSAGES, AND USE OF SUCH.
Acts punishable
1. Uttering fictitious wireless, telegraph or telephone message.
2. Falsifying wireless, telegraph or telephone message.
3. Using such falsified message.
◦R.A. 8484 Access Devices Regulation Act – covers cellphone
◦ Mere utterance is a felony. Damage is not an element.
◦ In use, knowledge and damage/intent to damage are
elements.
Persons liable:
1. Officer or employee of the government engaged in the
service of sending or receiving wireless, cable or telephone
messages.
2. Employee of a private corporation engaged in the service of
sending or receiving wireless, cable or telephone message.
ART. 174. FALSE MEDICAL CERTIFICATES, CERTIFICATES OF
MERIT OR SERVICE, ETC.
Persons liable:
1. Physician or surgeon who, in connection with the practice
of his profession, issued a false certificate.
2. Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances.
3. Private individual who falsified a certificate falling in the
classes mentioned in Nos. 1 and 2.
◦ A certificate is any writing by which testimony is given that a
fact has or has not taken place.
ART. 175. USING FALSE CERTIFICATES
1. There must be a false certificate as defined in Art. 174
2. That the offender knew that the certificate was false.
3. That he used the same.
ART. 176. MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION
Acts punishable:
1. Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting
or falsification.
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
ART. 177. USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS
1. Usurpation of authority - knowingly and falsely representing
oneself to be an officer, agent or representative of any
department or agency of the Philippine Government or any
foreign government.
◦ It is not necessary that he performs an act pertaining to a
public officer.
2. Usurpation of official functions - performing any act
pertaining to any person in authority or public officer of the
Philippine Government or of a foreign government or any
agency thereof, under pretense of official position, and
without being lawfully entitled to do so.
◦ It is necessary that he represents himself to be an officer,
agent or representative of any department or agency of the
government.
 ART. 178. USING FICTITIOUS AND CONCEALING TRUE NAME
Fictitious name – any other name which a person publicly uses
without authority of law.
Elements:
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is —
a. to conceal a crime;
b. to evade the execution of a judgment; or
c. to cause damage to public interest.
◦ To prevent arrest is not equivalent to conceal a crime
◦ If the purpose is for causing damage, it must be damage to
public interest. If it is damage to private interest, the crime
will be estafa under Art. 315, subdivision 2, par. (a).
Concealing true name
Elements:
1. The offender conceals his true name and other personal
circumstances;
2. The purpose is to conceal his identity.
C.A. 142. AN ACT REGUILATING THE USE OF ALIASES
◦ No person shall use any name different from the one with
which he was registered at birth in the office of the local civil
registry or with which he was registered in the Bureau of
Immigration upon entry or such substitute name as may have
been authorized by court.
◦ Except as a pseudonym for literary, cinema, television, radio
or other entertainment and in athletic events purposes.
ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements:
1. The offender makes use of insignia, uniforms or dress;
2. The insignia, uniforms or dress pertains to an office not held
by such person or a class of persons of which he is not a
member;
3. The said insignia, uniform or dress is used publicly and
improperly.
◦ The uniform contemplated by law carries authority which
the public looks up to and respects.
ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT
◦ The witness who testified falsely against the accused is liable
even if his testimony was not considered in court.
◦ Liable even if the defendant is acquitted.
◦ False testimony is not punishable if the accused is charged
with a light felony.
ART. 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
◦ The false testimony favorable to the defendant need not
benefit the defendant.
ART. 182. FALSE TESTIMONY IN CIVIL CASES
Elements:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in
said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant
knowing the same to be false.
5. That the testimony must be malicious and given with an
intent to affect the issues presented in said case.
◦ Does not apply to special civil actions.

ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
Two ways of committing perjury.
1. By falsely testifying under oath; and
2. By making a false affidavit.
Note: Falsely testifying under oath should not be in a judicial
proceeding.
Elements:
1. That the accused made a statement under oath or executed
an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer, authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity
is required by law.
◦ The matter is "material" when it is directed to prove a fact in
issue.
◦ The phrase "competent person authorized to administer an
oath" means a person who has a right to inquire into the
questions presented to him upon matters under his
jurisdiction.
◦ Perjury – willful and deliberate assertion of falsehood in
writing or under oath made upon a material matter before a
competent office authorized to administer oaths.
◦ Applies to cases not covered by Art. 180-183 like special
proceedings and special civil actions.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE
Elements:
1. That the offender offered in evidence a false witness or
false testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in a judicial or official proceeding.
◦ where a person, without inducing another, but knowing him
to be a false witness, presented him, and the latter testified
falsely in a judicial or official proceeding. (if induced, co-
principal)
◦ Criminal case of art. 184 against witness presupposes that
the litigation has been terminated with finality. If the trial is
still undergoing, the witness may still correct himself.
◦ Mere inconsistencies or contradictions would not be enough
to convict one for false testimony or perjury. It is incumbent
upon the prosecution to prove the statement is false by other
evidence.
ART. 208. DERELICTION OF DUTY
◦ Prevaricacion – applies to public officers who violate their
oaths by not carrying out the duties of their office.
◦ Prevaricacion is wider in scope, not limited to Art. 208 but
covers all instances where a public official violates his oath of
office.
Acts punishable:
1. By maliciously refraining from instituting prosecution
against violators of the law.
◦ Can be committed by a public official whose official duty is
to prosecute violators of the law, like a fiscal or prosecutor.
2. By maliciously tolerating the commission of offenses.
◦ Can be committed by law enforcers whose official duty is to
arrest persons who are about to commit a crime, who are
committing a crime or who have committed a crime.
Elements:
1. That the offender is a public officer or officer of the law who
has a duty to cause the prosecution of, or to prosecute,
offenses.
2. That there is dereliction of the duties of his office; that is,
knowing the commission of the crime, he does not cause the
prosecution of the criminal or knowing that a crime is about to
be committed, he tolerates its commission.
3. That the offender acts with malice and deliberate intent to
favor the violator of the law.
◦ Crime must be proved before conviction for dereliction.
(noted to search if understood reyes completely. P.218 sa
Estrada gn sulat)
ART. 210 DIRECT BRIBERY
Three ways of committing Direct Bribery:
1. Agreeing to perform an act constituting a crime in
connection with the performance of his official duties in
consideration of any offer, promise, gift or present.
2. Accepting a gift in consideration of the execution of an act
which does not constitute a crime, in connection with the
performance of his official duty.
3. Refraining from doing something which is his official duty
to do, in consideration of a gift received or promised.
◦ In the first, mere agreement to perform an act amounting to
or constituting a crime consummates the crime of Direct
Bribery.
◦ In the 3rd, if the refraining constitutes a crime, it would fall
under the first.
ART. 211. INDIRECT BRIBERY.
Elements:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.
◦ Mere physical delivery of a gift to a public officer does not
bring about indirect bribery. The public officer must perform
an act of acceptance or appropriation of the gift for himself,
his family or any other persons.
PRESIDENTIAL DECREE NO. 46
- prohibits giving and acceptance of gifts by a public
officer even during anniversary or other occasions.
◦ The giving of parties by reason of the promotion of a public
official is considered a crime even though it may call for a
celebration. The giving of a party is not limited to the public
officer only but also to any member of the family.
(skipped PD749)
ART. 211- A. QUALIFIED BRIBERY
Elements:
1. That the offender is a public officer entrusted with law
enforcement;
2. That the offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion
perpetua and/or death;
3. That the offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or present.
ART. 212. CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes offers or promises or gives gifts or
presents to a public officer.
2. That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances that
will make the public officer liable for direct bribery or indirect
bribery.
ART. 217. MALVERSATION
Acts punishable:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property.
Elements:
(a) That the offender be a public officer.
(b) That he had the custody or control of funds or property by
reason of the duties of his office.
(c) That those funds or property were public funds or property
for which he was accountable.
(d) That he appropriated, took, misappropriated or consented
or, through abandonment or negligence, permitted another
person to take them.
◦ Officer must be directly accountable for the public funds or
property that is misappropriated, if not direct: theft.
◦Malversation is otherwise called embezzlement.
◦ May be intentional or by negligence.
Prima facie evidence that such funds/property were put to his
personal use: failure of public officer to have duly forthcoming
any public funds or property with which he is chargeable,
upon demand by any duly authorized officer.
◦ May be negated that it is not due to personal use.
◦ Only arises if there is no issue as to the accuracy, correctness
and regularity of the audit findings and if the fact that public
funds are missing is indubitably established.
◦ All that is necessary to prove for conviction: defendant
received in his possession the public funds and that he could
not account for them and that he could not give a reasonable
excuse for their disappearance.
◦ Return of funds or property does not extinguish criminal
liability.
ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS
Elements:
1. That the offender is a public officer, whether in the service
or separated therefrom.
2. That he must be an accountable officer for public Funds or
property.
3. That he is required by law or regulation to render accounts
to the Commission on Audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such
accounts should be rendered.
ART. 219. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
Elements:
(a) That the offender is a public officer.
(b) That he must be an accountable officer for public funds or
property.
(c) That he must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the Commission
on Audit a certificate showing that his accounts have been
finally settled.
◦ #2 not necessary
ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Elements:
1. That the offender is a public officer.
2. That there is public fund or property under his
administration.
3. That such public fund or property has been appropriated by
law or ordinance.
4. That he applies the same to a public use other than that for
which such fund or property has been appropriated by law or
ordinance.
◦ Also known as “Technical Malversation”
◦ Public fund or property must be earmarked for a particular
public purpose but it is used for a different purpose.
◦ Applies to any office which the officer concerned may be
holding, whether the office when the crime was committed or
a different office which respondent now holds.
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY.
Acts punishable:
1. By failing to make payment by a public officer who is under
obligation to make such payment from Government funds in
his possession.
2. By refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any property
in his custody or under his administration.
ART. 222. OFFICERS INCLUDED
Malversation by private persons:
1. When he conspires with a public officer in committing it.
2. When he is an accomplice or accessory to one committed
by a public officer
3. When he is constituted as a custodian of national,
provincial, or municipal funds, property, or revenue.
◦ Includes administrator or depository of funds or property
attached, seized, or deposited by public authority, "even if
such property belongs to a private individual."
ART. 225 ESCAPE OF PRISONER UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER
Elements:
1. That the offender is a private person.
2. That the conveyance or custody of a prisoner or person
under arrest is confided to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through
his negligence.
◦ If another person causes the escape of the prisoner by
means of violence, intimidation or bribery or by any other
means, such person is liable for the crime of Delivering
Prisoner from Jail.
◦ If private person was paid to let go of the person, liable for
bribery (becomes an APIA because performs public function or
duty)
ART. 245. ABUSES AGAINST CHASTITY
Elements:
a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a
woman.
c. That such woman must be —
(1) interested in matters pending before the offender for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer; or
(2) under the custody of the offender who is a warden or
other public officer directly charged with the care and custody
of prisoners or persons under arrest; or
(3) the wife, daughter, sister or relative within the same
degree by affinity of the person in the custody of the offender.
◦ The mother of the person in the custody of the offender is
not included.
◦ Victim must be woman, offender may be man or woman.
◦ Joke or innuendo not enough, there must be persistence on
the part of the offender.
◦ Secretary of a law firm is not a party interested in a case
under a public officer.
ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION.
Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty.
3. That the act of detention or kidnapping must be illegal.
4. That in the commission of the offense, any of the following
circumstances is present:
(a) That the kidnapping or detention lasts for more than 3
days;
(b) That it is committed simulating public authority;
(c) That any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made;
(d) That the person kidnapped or detained is a minor, female,
or a public officer.
◦ The purpose is immaterial when any of the circumstances in
the first paragraph of Art. 267 is present.
◦ But when the kidnapping or detention was committed for
the purpose of extorting ransom, it is not necessary that one
or any of such circumstances be present.
◦ As long as the kidnapping or detention was committed "for
the purpose of extorting ransom," actual demand for ransom
is not necessary.
◦ If the alleged victim had freedom to leave the premises
where she was allegedly confined, the crime of illegal
detention cannot rise because she was not deprived of her
liberty (e.g. no proof of locking of doors or prevention of going
out)
◦ But when victim had freedom of locomotion but not
freedom to leave at will, there is kidnapping (e.g. victim is of
tender age and did not know the way back home.)
ART. 268. SLIGHT ILLEGAL DETENTION
Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner
deprives him of his liberty.
3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the attendance of any
of the circumstances enumerated in Art. 267.
◦ Anyone who furnished the place for the perpetration of the
crime is treated as a co-principal, not an accomplice.
Privileged mitigating circumstance
(a) voluntarily releases the person so kidnapped or detained
within three days from the commencement of the detention,
(b) without having attained the purpose intended, and
(c) before the institution of criminal proceedings against him.
◦ All the requisites must concur
◦ NOT APPLICABLE if any of circumstances b, c, or d in Art. 267
are present.
ART. 269. UNLAWFUL ARREST
Elements:
1 That the offender arrests or detains another person.
2. That the purpose of the offender is to deliver him to the
proper authorities.
3. That the arrest or detention is not authorized by law or
there is no reasonable ground therefor.
◦ If the public officer has no authority to arrest and detain a
person, or if he did not act in his official capacity, he should be
punished for unlawful arrest under Art. 269 (not arbitrary
detention)
ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR
Elements:
1. That the offender is entrusted with the custody of a minor
person (whether over or under 7 years but less than 18 years
of age).
2. That he deliberately fails to restore the said minor to his
parents or guardians.
ART. 271. INDUCING A MINOR TO ABANDON HIS HOME
Elements:
1. That a minor (whether over or under seven years of age) is
living in the home of his parents or guardian or the person
entrusted with his custody.
2. That the offender induces said minor to abandon such
home.
◦ Mere inducement consummates the crime.
ART. 272. SLAVERY
Elements:
1. That the offender purchases, sells, kidnaps or detains a
human being.
2. That the purpose of the offender is to enslave such human
being.
◦ To qualify: If the purpose of the offender is to assign the
offended party to some immoral traffic (prostitution), the
penalty is higher.
 ART. 293. ROBBERY IN GENERAL.
Robbery is the taking of personal property, belonging to
another, with intent to gain, by means of violence against, or
intimidation of any person, or using force upon anything.
Classification of robbery.
1. Robbery with violence against, or intimidation of persons.
(Arts. 294, 297 and 298)
2. Robbery by the use of force upon things. (Arts. 299 and 302)
Elements of robbery in general (PUTI-VF)
a. That there be personal property belonging to another;
b. That there is unlawful taking of that property;
c. That the taking must be with intent to gain; and
d. That there is violence against or intimidation of any person,
or force upon anything.
◦ The property taken must be personal property, for if real
property is occupied or real right is usurped by means of
violence against or intimidation of person, the crime is
usurpation. (Art. 312)
◦ Intent to gain is presumed from the taking of a personal
property belonging to another. Mere intent to gain is enough.
Actual gain is not an element.
HIGHWAY ROBBERY
Highway robbery is the taking of a personal property
belonging to another by means of violence against or
intimidation or persons, or force upon things or other
unlawful means by any person on any Philippines Highway.
CATTLE RUSTLING
Cattle rustling is the taking away by any means, method or
scheme, without the consent of the owner/raiser, or any large
cattle whether or not for profit, or whether committed with or
without violence against intimidation of persons or force upon
things. It includes killing of a large cattle or taking its meat or
hide without the consent of the owner or raiser.
Presumption of cattle rustling – failure to exhibit the required
documents by any person having in his possession, control or
custody of large cattle (prima facie)
CARNAPPING
Any vehicle which is motorized using the streets which are
public, not exclusively for private use, comes within the
concept of motor vehicle
◦ Qualified carnapping is committed when the owner, driver or
passenger is killed or raped.
Distinctions between robbery and theft.
In robbery, the taking of a personal property is done with the
use of violence or intimidation or with force upon things. In
theft, the taking or personal property is without the
knowledge or consent of the owner. The taking is without
violence, intimidation or force upon things.
Consent:
Robbery – no consent because against the will
Theft – no consent because no knowledge
 ART. 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION AGAINST PERSONS
GR: No frustrated stage in robbery and theft
XPN: Robbery with force upon things (need to go outside to be
consummated)
Crimes under Robbery with Violence (HARM)
1. ROBBERY WITH HOMICIDE
◦ Robbery must be consummated for this special complex
crime or single indivisible offense or a composite crime.
◦ The term “homicide” is used in its generic sense to include
double or multiple homicide or murder.
◦ Does not matter who gets killed as long as “by reason or on
the occasion” of robbery.
◦ The aggravating circumstance of treachery can be
appreciated only in crimes against persons. It cannot be
appreciated in Robbery with Homicide because it is classified
as a crime against property.
◦ If attempted/frustrated homicide, separate crimes.
◦ If the main intention of the offender is to kill but after the
killing of the victim, robbery or theft is committed, the
offender is liable for 2 separate crimes.
2. ROBBERY WITH RAPE
◦ When the main purpose is robbery and rape is also
committed before or after the robbery, the crime is robbery
with rape.
◦ When the main purpose is to commit rape and robbery is
also committed, there are 2 separate crimes.
3. ROBBERY WITH ARSON
4. ROBBERY WITH INTENTIONAL MUTILATION
ART. 295. QUALIFIED ROBBERY
When is robbery with violence against or intimidation of
persons qualified?
If any of the offenses denned in subdivisions 3, 4 and 5 of Art.
294 is committed (Physical Injuries - not BIII or degree clearly
unnecessary. Not applicable to HARM.)
(1) in an uninhabited place, or
(2) by a band,or
(3) by attacking a moving train, street car, motor vehicle, or
airship, or
(4) by entering the passengers' compartments in a train, or in
any manner taking the passengers thereof by surprise in the
respective conveyances, or
(5) on a street, road, highway or alley, and the intimidation is
made with the use of firearms
ART. 296. DEFINITION OF A BAND
A member of the band is liable for any of the assaults
committed by the other members thereof, when the following
requisites concur:
1. That he was a member of the band.
2. That he was present at the commission of a robbery by that
band.
3. That the other members of the band committed an assault.
4. That he did not attempt to prevent the assault.
ART. 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION
Elements:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver
any public instrument or document.
3. That the compulsion is by means of violence or intimidation.
◦ The adjective "public" must therefore describe the word
"instrument" only. Hence, this article applies even if the
document signed, executed or delivered is a private or
commercial document.
ART. 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Elements under subdivision A:
1. Offender entered an inhabited house or public building or
edifice devoted to worship
2. Entrance was effected through the following means: (OKBA)
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof or floor, or breaking any door or
window;
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of
public authority.
3. Once inside the building, offender took personal property
belonging to another with intent to gain.
Elements under subdivision B:
1. Offender is inside a dwelling house, public building, or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it;
2. Offender takes personal property belonging to another
with intent to gain under the following circumstances:
a. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle; or
b. By taking suck furniture or objects away to be broken or
forced open outside the place of robbery.
◦ A false key normally takes the form of an imitation of the
true or genuine key. However, a false key could be the true or
genuine key stolen from the owner. It becomes false because
it is used by the one who is not authorize to use the same.
◦ To constitute robbery, the false key or the picklock must be
used to open the main door (for entrance). If already inside
the house and used a false key to open bedroom: theft.
◦ Force must be used to effect entrance into a house or
building. If one smashed the window of a car: theft.
◦ Must effect entrance. If one destroyed a door and used a
rope with a hook to take property or merely reached for it:
theft.
◦ To constitute robbery with force upon things, the person
who broke open a close container or receptacle must be the
same person who brought it out from the house or building
from which it was stolen. Otherwise, the crime is theft.
ART. 301
Inhabited house - any building, shelter, ship or vessel which
serves as the dwelling of one or more persons, even though
temporarily absent therefrom when the robbery is committed.
It includes dependencies.
Public building – includes buildings owned by the government
or any building rented by the government.
Dependencies requisites:
(1) Must be contiguous to the building;
(2) Must have an interior entrance connected therewith;
(3) Must form part of the whole.
◦ Orchards and other lands used for cultivation or production
not included even if closed, contiguous to the building and
having direct connection therewith.
ART. 302. ROBBERY IN AN UNINHABITED PLACE OR IN A
PRIVATE BUILDING
Elements:
1. That the offender entered an uninhabited place or a
building which was not a dwelling house, not a public building,
or not an edifice devoted to religious worship.
2. That any of the following circumstances* was present:
a. The entrance was effected through an opening not intended
for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys,
picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture
or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the
same be broken open elsewhere.
3. That with intent to gain, the offender took therefrom
personal property belonging to another.
* Art. 299 a 1-3 and b 1-2
◦ When the property taken is a mail matter or large cattle
during any of the robbery defined in Arts. 294, 295, 297, 299,
300 and 302, the penalties next higher in degree than those
provided in said article shall be imposed.
◦ A pigsty is not a building within the meaning of Art. 302
which refers to habitable buildings.
ART. 303 ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING
◦ “cereals” not correct translation. To be covered it should be
the immediate product of the soil or “seedling”
◦ The palay must be kept by the owner as "seedling" or taken
for that purpose by the robbers.
ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
Elements:
1. That the offender has in his possession picklocks or similar
tools.
2. That such picklocks or similar tools are specially adopted to
the commission of robbery.
3. That the offender does not have lawful cause for such
possession.
◦ Actual use not an element.
ART. 308. THEFT
The following are liable:
1. Those who, (a) with intent to gain, (b) but without violence
against or intimidation of persons nor force upon things, (c)
take, (d) personal property, (e) of another, (f) without the
latter's consent.
2. Those who, (a) having found lost property, (b) fail to deliver
the same to the local authorities or to its owner.
3. Those who, (a) after having maliciously damaged the
property of another, (b) remove or make use of the fruits or
object of the damage caused by them.
4. Those who (a) enter an inclosed estate or a field where (b)
trespass is forbidden or which belongs to another and,
without the consent of its owner, (c) hunt or fish upon the
same or gather fruits, cereals or other forest or farm products.
◦ #3 - If only damaged the property of another without taking,
malicious mischief, not theft.
Elements of theft:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.
ART. 315. SWINDLING (ESTAFA)
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality of anything
of value which the offender shall deliver by virtue of an
obligation to do so, even though such obligation be based on
an immoral or illegal consideration;
(b) By misappropriating or converting, to the prejudice of
another, money, goods or any other personal property
received by the offender in trust, or
on commission, or for administration, or under
any other obligation involving the duty to make delivery of, or
to return the same, even though such obligation be totally or
partially guaranteed by a bond; or by denying having received
such money, goods, or other property;
(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such
signature in blank, to the prejudice of the offended party or
any third person.
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency,
business or imaginary transactions; or by means of other
similar deceits.
(b) By altering the quality, fineness, or weight of anything
pertaining to his art or business.
(c) By pretending to have bribed any Government employee,
without prejudice to the action for
calumny, which the offended party may deem proper to bring
against the offender.
(d) By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his
funds deposited therein were not sufficient to cover the
amount of the check. The failure of the drawer of the check to
deposit the amount necessary to cover his check within three
(3) days from receipt of notice from the bank and/ or the
payee or holder that said check has been
dishonored for lack or insufficiency of funds shall be prima
facie evidence of deceit constituting false pretense or
fraudulent act.
(e) By obtaining any food, refreshment or accommodation at a
hotel, inn, restaurant, boarding house, lodging house, or
apartment house and the like without paying therefore, with
intent to defraud the proprietor or manager thereof, or by
obtaining credit at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant, boarding
house, lodging house, or apartment house after obtaining
credit, food, refreshment, or accommodation therein without
paying for his food, refreshment, or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any
document;
(b) By resorting to some fraudulent practice to insure success
in a gambling game;
(c) By removing, concealing, or destroying, in whole or in part,
any court record, office files, document, or any other papers.
Elements of estafa in general:
1. That the accused defrauded another (a) by abuse of
confidence, or (b) by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation
is caused to the offended party or third person.
◦ To constitute Estafa, the check must be simultaneous to the
receipt of the goods or anything of value. Should not be in
payment of a pre-existing obligation.
ART. 316. OTHER FORMS OF SWINDLING
1. Any person who, pretending to be the owner of any real
property, shall convey, sell, encumber, or mortgage the same;
2. Any person who, knowing that real property is encumbered,
shall dispose o f the same, although such encumbrance be not
recorded;
3. The owner of any personal property who shall wrongfully
take it from its lawful possessor, to the prejudice of the latter
or any third person;
4. Any person who, to the prejudice of another, shall execute
any fictitious contract;
5. Any person who shall accept any compensation given him
under the belief that it was in payment of services rendered or
labor performed by him, when in fact he did not actually
perform such services or labor;
6. Any person who, while being a surety in a bond given in a
criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the
fulfillment of such obligation.
ART. 317. SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the inexperience or
emotions or feelings of a minor.
2. That he induces such minor (1) to assume an obligation, or
(2) to give release, or (3) to execute a transfer of any property
right.
3. That the consideration is (1) some loan of money, (2) credit,
or (3) other personal property.
4. That the transaction is to the detriment of such minor.
◦ Actual proof of deceit or misrepresentation is not essential.
ART. 318. OTHER DECEITS
1. By defrauding or damaging another by any other deceit not
mentioned in the preceding articles.
2. By interpreting dreams, by making forecasts, by telling
fortunes, or by taking advantage of the credulity of the public
in any other similar manner, for profit or gain.
ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft,
2. Swindling (estafa),
3. Malicious mischief.
Persons exempted from criminal liability.
1. Spouses, ascendants and descendants, or relatives by
affinity in the same line.
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same passed into
the possession of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law,
if living together.
◦ Also applies to stepfather, adopted father, natural children,
concubine, paramour included as ascendants by affinity.
◦ Also applies to common-law spouses.
Private crimes: adultery, concubinage, seduction, abduction,
and acts of lasciviousness. (ACASA)
ART. 333. ADULTERY
Elements:
(1) That the woman is married;
(2) That she has sexual intercourse with a man not her
husband;
(3) That as regards the man with whom she has sexual
intercourse, he must know her to be married.
◦ Married woman liable "even if the marriage be subsequently
declared void."
◦ Both defendants are entitled to this mitigating circumstance.
◦ With respect to the man, knowledge that the woman with
whom he had sexual intercourse is married, is an essential
element that must be established if he is to be convicted of
adultery.
◦ And although in the beginning, the man did not know of the
woman's married status, but he continued his illicit relations
with her after he gained knowledge of such status, he will be
guilty of adultery as regards the sexual intercourse done after
having such knowledge.
◦ Adultery is an instantaneous crime which is consummated by
sexual intercourse. Each sexual intercourse constitutes a crime
of adultery. Adultery is not a continuing crime unlike
Concubinage.
◦ Special mitigating circumstance: committed this offense
while being abandoned without justification by the offended
spouse.
◦ Pardon is effective as long as it is given before the institution
of the criminal action. After institution of criminal action, the
crime becomes public and pardon is no longer effective.
◦ Pardon is effective even in void contract of “each one may do
as they please”
ART. 334. CONCUBINAGE
Elements:
(1) That the man must be married.
(2) That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling,
 b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife;
c. Cohabiting with her in any other place.
(3) That as regards the woman, she must know him to be
married.
◦ Conjugal dwelling refers to the house of the husband and
wife or even a place where they temporarily reside.
◦ To cohabit means to live together in the concept of a
husband and wife for some period of time.
ART. 336. ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of lasciviousness of
lewdness;
2. That the act of lasciviousness is committed against a person
of either sex;
3. That it is done under any of the following circumstances;
a. By using force or intimidation; or
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse
of authority;
d. When the offended party is under 12 years of age or
is demented.
◦ There is no attempted or frustrated stage from the nature of
the offense.
ART. 337. QUALIFIED SEDUCTION
Two classes of qualified seduction:
(a) Seduction of a virgin over 12 years and under 18 years of
age by certain persons, such as, a person in authority, priest,
teacher, etc.; and
(b) Seduction of a sister by her brother, or descendant by her
ascendant, regardless of her age or reputation.
Elements of qualified seduction of a virgin:
1. That the offended party is a virgin, which is presumed if she
is unmarried and of good reputation.
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship
on the part of the offender.
◦ In the case of a teacher, it is not necessary the girl be his
student. It is enough that she is enrolled in the same school.
◦ Qualified seduction can be committed even if there was no
deceit or even if the sexual intercourse was voluntary on the
part of the virgin. Lack of consent is not an element.
◦ Virginity does not refer to physical virginity. Virginity is
presumed if the woman is unmarried and of good reputation.
Virgin refers to a woman of chaste character.
◦ A domestic is different from a house servant. It includes any
person living in the same house as a member of the same
household. It includes boarders but does not include
transients or visitors.
◦ Seduction of a sister or descendant is incest. Virginity of the
sister or descendant is not required and she may be over 18
years of age.
◦ If the sister or descendant is under 12 years of age, the
crime would be rape.
◦ Widow not included in 337 but included in 338.

ART. 338. SIMPLE SEDUCTION
Elements:
1. That the offended party is over 12 and under 18 years of
age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
◦ Virginity is not required in this crime.
◦ This crime is usually committed with deceit which takes the
form of breach or promise to marry.
◦ If there is no sexual intercourse and only acts of lewdness
are performed, the crime is under Art. 339.
ART. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF
THE OFFENDED PARTY
Elements:
1. That the offender commits acts of lasciviousness or
lewdness.
2. That the acts are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years of age but
over 12 years, or a sister or descendant regardless of her
reputation or age.
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit.
(Art. 337 and 338 but without sex so victim must be woman)
◦ The penalty for acts of lasciviousness with the consent of the
offended party shall be one (1) degree higher than that
imposed by law when the victim is under 12 years of age. (Sec.
10, Rep. Act No. 7610)
ART. 340. CORRUPTION OF MINORS
Any person who shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of another
◦ Habituality or abuse of authority or confidence, not
necessary.
◦ Note the phrase "to satisfy the lust of another." Therefore,
one who casts for his own ends does not incur the sanction of
the law.
◦ The penalty for corruption of minors shall be one (1) degree
higher than that imposed by law when the victim is under 12
years of age. (Sec. 10, Rep. Act No. 7610)
ART. 341. WHITE SLAVE TRADE
Acts penalized:
1. Engaging in the business of prostitution.
2. Profiting by prostitution.
3. Enlisting the services of women for the purpose of
prostitution.
◦ The person responsible under Art. 341 is the person who
maintains or engages in the business. It is not a defense that
he is only the manager or the man in charge of the house with
a fixed salary.
◦ The penalty for white slave trade shall be one (1) degree
higher than that imposed by law when the victim is under 12
years of age.
ART. 342. FORCIBLE ABDUCTION
Elements:
1. That the person abducted is any woman, regardless of her
age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
◦ Abduction - the taking away of a woman from her house 2. That the marriage has not been legally dissolved or, in case
or the place where she may be with lewd designs. his or her spouse is absent, the absent spouse could not yet be
◦ If the female abducted is under 12 years of age, the crime is presumed dead according to the Civil Code.
forcible abduction, even if she consents. 3. That he contracts a second or subsequent marriage.
◦ Without lewd designs, it would be grave coercion unless it 4. That the second or subsequent marriage has all the
reaches the time required for kidnapping. essential requisites for validity.
◦ If only to break her will and make her marry the offender, it
would be grave coercion.
◦ If raped: forcible abduction with rape. If raped multiple
times, after the first would be separate crimes of rape.
◦ Sexual intercourse not necessary.
◦ Husband not liable for abduction of his wife, as lewd design
is wanting.
◦ Lewd designs present in hurried ceremony of marriage by
force or when the girl cannot legally give consent to such
because of minority.

ART. 343. CONSENTED ABDUCTION

Elements:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with
her consent, after solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with
lewd designs.

ART. 349. BIGAMY

Elements:
1. That the offender has been legally married.