CRIMINAL LAW (Book 1)
accused, and strictly against the government;
Criminal law – is a branch of law that defines
crimes, treats of their nature, and provides for their
punishment.
Constitutional Limitations on Power of Congress in
Penal Laws
1. No ex post facto law or bill of attainder shall
be passed;
2. No excessive fines and inhumane
punishment;
3. No imprisonment for non-payment of debt or
poll tax;
Characteristics of Penal Laws
1. Generality Principle – penal laws applicable
to all those who live or sojourn the PH
territory;
XPNs:
a. Persons exempt by virtue of
principles under International Law;
Foreign consuls generally are not
exempt; becomes exempt only if
there’s a treaty/law that exempts
them from prosecution;
2. Territoriality Principle – the penal laws are
enforceable only within the PH territory;
XPNs (Art 2 of RPC):
a. Acts committed on board a PH
ship or aircraft; as long as the
vessel/aircraft is in international
seas/airspace
b. Counterfeiting/Forging PH
currency notes, coins or
obligations or securities issued
by gov’t; or the introduction of
such in PH territory;
c. Offenses committed by Public
Officers in the exercise of his
functions;
d. Crimes against national security
and against laws of nation;
3. Prospectively Principle – penal laws must
be applied prospectively; the effects of the
law must look forward;
XPNs:
a. If favorable to the accused
provided he is not a habitual
delinquent;
RA 10592 – Good Conduct Time Allowances: in
2016, the DOJ implemented an IRR that provides
that such law must be enforced prospectively;
De Lima vs. New Bilibid Prisoners (June 2019)
SC the IRR was contrary to law, the law
should be given retroactive effect because it
establishes conditions favorable and lenient to the
accused;
Interpretation of Penal Laws
If there is ambiguity, resolve in favor of the
Agents of Voluntariness
- Freedom of actions;
- Freedom of mind;
- Must acted with intent;
MOTIVE – is not an element for the commission of
a crime; it is not intent; and need not to be
established by the prosecution;
CRIMINAL INTENT – purpose of the offender to
use a particular means to effect a specified result;
Freely and consciously committed the act.
MISTAKE OF FACT – is a defense; an absolutory
cause; this is the misapprehension of facts by the
accused and therefore he acted without intent;
Elements:
1. The act would have been lawful if there was
no mistake;
2. The act was with lawful purpose;
3. Mistake must not be attended with fault or
carelessness;
MALA IN SE AND MALA PROHIBITA
MALA IN SE
a. Crimes that are inherently wrong;
b. Intent is essential;
MALA PROHIBITA
a. Crimes that are not inherently wrong but only
prohibited because there is a law for such
prohibition;
b. Intent is not material;
ENTRAPMENT vs. INSTIGATION
Entrapment – public officers made a scheme to trap
and capture an offender; not a defense;
Instigation – a person practically induces the
offender to commit a crime; this is a defense;
ALIBI, DENIAL and FRAME-UP
Alibi – a defense that provides the accused is in a
different place, and not in the crime scene; must
prove that it is impossible for him to be in the crime
scene due to his ALIBI;
CORPUS DELCTI: Means the body of the crime;
CONSPIRACY
- 2 or more persons come to an agreement to
the commission of a crime and decided to
commit the same;
- Direct proof of agreement need not be
established;
- If the crime has been committed; conspiracy
is now absorbed in the crime; becomes a
matter of committing a crime;
Proposal to commit conspiracy Preparatory acts are generally not punishable;
unless there’s a law that punishes such;
- One who decided to commit a crime
proposed such commission to another; Attempted Stage:
NOTE: Conspiracy or Proposal to commit a. the offender has started the commission by
conspiracy is punishable only if it involves: an overt act;
b. he must not have performed all acts of
a. Treason;
execution; and
b. Rebellion;
c. consummation was prevented by reason of
c. Coup de tat;
a cause other than his own desistence;
d. Sedition;
e. Arson; Frustrated Stage:
f. Terrorism;
a. the offender has started the commission by
g. Sale/Importation of Drugs;
an overt act;
Proposal to commit a crime is not generally b. he must have performed all acts of
punishable; execution; and
c. the act was not consummated by reason of
Prater Intentionem – a person is criminally liable:
a cause other than his own desistence;
- For an intentional felony, and;
Consummated Stage:
- For acts he committed even if the result was
not what he intended to be; a. the offender has started the commission by
an overt act;
Efficient intervening cause – exculpates the
b. he must have performed all acts of
accused from liability; if this was the proximate
execution; and
cause of the death or injury and not the acts of the
c. the act was consummated;
accused;
NOTE:
This breaks the causal connection between
the felonious act and the resultant injury; - no frustrated or attempted stage in Libel,
Attempt to Flee in another country, Physical
What does not break the causal connection?
Injuries;
a. Physiological condition of the victim;
NO Frustrated Stage:
b. Predisposition of the victim;
c. Concurrent and concomitant conditions; 1. theft;
includes the negligence of the attending 2. robbery;
physician; 3. rape;
d. Supervening causes; 4. kidnapping with serious illegal detention;
5. estafa/swindling;
IMPOSSIBLE CRIMES
CIRCUMSTANCES THAT AFFECTS LIABILITY
Criminal liability shall be incurred by any
OF THE ACCUSED
person performing an act which would be an
offense against person or property if not for its a. justifying circumstances – no criminal and
inherent impossibility or employment of inadequate civil liability; (no crime, no criminal);
means; b. exempting circumstances – no criminal but
civil damages may be granted; (there is a
- No impossible crime of adultery or
crime, no criminal);
concubinage;
c. mitigating circumstances – liability is
- There is an impossible crime of intentional
mitigated; there is diminution of
abortion; as well as impossible crime of
voluntariness;
robbery;
d. aggravating circumstances – liability is
Elements: aggravated; sentenced to a higher penalty;
e. alternative circumstances – taken as either
a. There is an evil intent; a mitigating or aggravating; involves
b. And the act is not a violation of any other intoxication, relationship, and degree of
law; education/instruction;
c. Must be against a property or person;
JUSTIFYING CIRCUMSTANCES
STAGES OF EXECUTION
1. Self-defense;
a. Attempted 2. Defense of relative;
b. Frustrated 3. Defense of a stranger;
c. Consummated 4. State of necessity;
5. Fulfillment of duty;
6. Obedience to a lawful order;
 Under these circumstance the accused 2. Minority;
have no liability. There is no crime, and no criminal. 3. Accident;
4. Irresistible Force;
1. SELF-DEFENSE;
5. Uncontrollable Fear;
2. DEFENSE OF RELATIVE;
3. DEFENSE OF A STRANGER;
a. INSANITY OR IMBECILE
May defend his life, life of relative or stranger or - Due to deprivation of intelligence;
his property or property of his relative or stranger; - But if done during a lucid interval then there
is criminal liability;
Elements: b. MINORITY
a. Unlawful Aggression; - 15 years old and below: absolutely
- Absent this element then this defense exempted from criminal liability;
cannot be invoked; - 15 years above but below 18 years:
- Physical attack that would place the victim’s if acted with discernment: liable;
life and limb in actual or imminent danger; if acted without discernment: not
- Aggression must be unlawful; liable;
b. Reasonable necessity of the means employed Prostitution, Mendicancy, Sniffing of Rugby:
to repel the aggression; - The minors, at any age, whether or not
c. Lack of sufficient provocation from the person acted with discernment, no criminal liability
defending; for these crimes;

Defense of Relatives – the person claiming the c. ACCIDENT

defense was not part of the provocation; - Happening that cannot be foreseen, or even
if can be foreseen it cannot be avoided;
Defense of Stranger – the person defending should
not be induced by revenge, resentment or other evil Elements:
motive;
- The offender is performing a lawful act;
Defense of Property rights – the unlawful - Performing without due care;
aggression is directed at the property and not at the - There is negligence;
life of the defending party;
d. IRRESISTIBLE FORCE;
4. STATE OF NECCESSITY (Avoidance of
- Must have committed a crime due to an
greater of evil)
irresistible force;
Elements: - The force is actual, not speculative;
- Cannot invoke if the accused had a chance
a. The evil sought to be prevented actually to escape or not follow the force;
exist;
- It is not speculative, but imminent; e. UNCONTROLLABLE FEAR;
b. The evil is greater than the act done to - Committed a crime because he was
prevent such; intimidated or threatened;
c. There be no other less harmful means to - Threat or intimidation is actual, and not
avoid the evil; speculative;
NOTE: Civil Damages may be rewarded even if this MITIGATING CIRCUMSTANCES
is a justifying circumstances; the one who will pay
are those who benefitted from the act of the 1. Incomplete self-defense;
accused; 2. Sufficient Provocation;
3. Vindication of Grave Offense;
5. FULFILLMENT OF DUTY 4. Passion or obfuscation;
Elements: 5. Deaf, Mute, Blind
a. The offender is fulfilling his duty; 6. Confession;
b. The injury be the necessary consequence of 7. Voluntary Surrender;
the due fulfillment of the duty; 8. Other Analogous Circumstances;

6. OBEDIENCE TO A LAWFUL ORDER Generic Mitigating Circumstances

Elements: - Can be offset by an ordinary aggravating

a. There is an order to a subordinate; circumstance;
b. Order was issued for a lawful purpose; - Penalty is in its minimum;
c. The means employed in following the order - 2 or more GMC without AC, considered as
must be lawful; PMC and so penalty is lowered by one
degree;
EXEMPTING CIRCUMSTANCES
Privileged Mitigating Circumstances
1. Insanity or imbecile;
 - Cannot be offset by an ordinary aggravating
circumstance;
- Penalty is next lower in degree;
Special Mitigating Circumstances:
- Cannot be offset by AC;
- Penalty is that which prescribed by law;
Kinds of SMC
a. Concealment of Dishonor in parricide or
intentional abortion;
b. Abandonment of husband without
justification in a crime of adultery;
Circumstances:
1. INCOMPLETE SELF-DEFENSE
- To be PMC, prove 2 elements of the
defense but must include unlawful
aggression;
2. SUFFICIENT THREAT/PROVOCATION
- Threat must be sufficient;
- Provocation must have come from the
offended party;
3. VINDICATION OF GRAVE OFFENSE
4. PASSION OR OBFUSCATION
- The act that constituted passion or
obfuscation must not be far removed from
the criminal act itself;
- The passion must not be due to revenge or
retaliation; it should arise from legitimate
sentiments;
5. DEAF, MUTE, BLIND
- Physical defects that restricts his actions or
means of defense;
6. CONFESSION
- Must be a court confession;
- Before prosecution starts presenting
evidence;
- Must not be conditional;
- Confessed to the crime charged in the
information, not to other crimes;
7. VOLUNTARY SURRENDER
- Must surrender to an officer or person in
authority;
- There is no actual arrest;
- Surrendered voluntarily;
- Intention to surrender is to save the gov’t
from wasting time and effort in locating the
accused;
8. Other Analogous Circumstances
- Restitution or refund of money or property in
theft, estafa or malversation;
AGGRAVATING CIRCUMSTANCES
Types:
- Generic – generally applicable to all crimes;
can be offset by mitigating circumstances;
- Qualified – changes the nature of the crime;
- Specific – appreciated only on certain
crimes; such as cruelty only on crimes
against persons;
- Inherent – necessarily accompanies the
crime; maybe an element or a crime itself;
Special Aggravating Circumstances
a. QUASI-RECIDIVISM – while serving sentence
commits another crime;
b. SYNDICATE OR ORGANIZED GROUP;
c. UNDER THE INFLUENCE OF DRUGS;
d. USE OF UNLICENSED FIREARMS;
Circumstances:
a. By taking ADVANTAGE OF PUBLIC
POSITION;
- in crimes committed by public officers;
- the officer used the prestige of his office of
facilitate the commission of the crime;
b. Committed with CONTEMPT OR INSULT TO A
PUBLIC OFFICER:
- The offender commits a crime;
- The commission was in the presence of the
officer;
- Offender was aware that the officer was
present;
- The crime was not committed against the
officer itself;
c. Committed with DISREGARD OF RANK, SEX,
AGE;
d. Committed in the DWELLING of the Victim;
e. ABUSE OF CONFIDENCE
- The trust reposed to the offender was
abused to facilitate the commission of the
crime;
f. Committed the crime
- during NIGHTTIME
- in an UNINHABITED PLACE
- by a BAND (4 or more armed malefactors)
- used the three circumstances to facilitate
the commission or assure the execution of
the crime;
g. Committed a crime during a Natural
Disaster/Event
h. Committed with aid of armed men;
- Not necessarily principals; these armed
men may be accomplices;
i. Committed by means of inundation;
j. Committed by using means that constitutes
great waste of effort or time;
k. Committed by means of fire;
l. EVIDENT PREMDIADTION
- Committed by planning the execution of the
crime;
- Prove when the plan was conceived;
- Prove the lapse of time between the forming
of the plan and the commission of the crime;
that he had time to contemplate the
consequence of his acts;
m. Craft, Disguised or Fraud have been employed;
n. ABUSE OF SUPERIOR STRENGTH
- Offender is superior in number, in physical
built or in weapon, but such superiority was
specifically sought or used to facilitate the
commission of the crime;
o. TREACHERY
- It absorbs abuse of superior strength,
nighttime, and/or use of poison;
- It is appreciated when the attack or act of
treachery is unexpected;
- Not appreciated if spur at the moment; there
must be premeditation;
- Not appreciated if there was a prior heated
argument;
p. CRUELTY/IGNOMINY
- Done acts that prolonged the agony of the
victim; must be done while the victim was
still alive;
- If cruelty acts were made after the death of
the victim, this circumstance will not be
appreciated;
- Always involve physical sufferings;
q. Used motor vehicles in the commission of the
crime;
r. Commission by means of Unlawful Entry
1. Recidivism – having convicted of a crime,
was convicted again for another crime
embraced in the same title of the RPC; only
convictions for the two offense, no serving
needed;
2. Reiteracion – had been previously punished
with a crime that attaches an equal or
greater penalty or for 2 or more crimes that
attaches a lighter penalty; required that
accused must have previously served
sentence to the first crime;
3. Quasi-recidivism – two or more crimes
committed, serving a sentence for the first
when he was convicted over the second
crime;
4. Habitual delinquent – within a period of 10
years from his release, will be convicted of
the specific crimes for the third time or
oftener;
Specific crimes:
 Falsification
 Theft
 Robbery
 Estafa
 Serious or less serious
physical injuries
ALTERNATIVE CIRCUMSTANCES
- Can either be appreciated by a mitigating
circumstance or aggravating circumstance;
KINDS:
1. Degree of Instruction or Education;
2. Relationship;
3. Intoxication;
DEGREE OF INSTRUCTION/EDUCATION
- Considers the level of education attained;
- Considers level of intelligence; but not
appreciated if common sense can be used
to know that the act was a crime;
RELATIONSHIP
- In crimes against chastity, relationship is
always an aggravating;
- In crimes against property, relationship is
always mitigating;
INTOXICATION
- Consuming excessive amount of alcoholic
beverage;
- Mitigating if not habitual intoxication or was
not intentional for the commission of the
crime;
- Aggravating if habitual or intentional for the
commission of the crime;
- Intoxication due to drugs is always an
aggravating; not included in this
circumstance;
PARTICIPANTS TO A CRIME
Active subjects – the offenders or accused; only
natural persons
Passive subjects – the victims or offended party;
both natural and juridical persons;
1. PRINCIPALS – must be a conspirator himself;
a. By direct participation
- Must have participated in the criminal
resolution with direct acts;
b. By inducement
- Used force, violation or intimidation;
- Use of rewards or consideration;
- Use words of command or advice;
c. By indispensable cooperation
2. Accomplice – has criminal design and
participated therewith; not necessarily the
conspirator of the crime;
- Penalty is one degree lower from principals
3. Accessory – must not have participated with the
criminal resolution or criminal design;
- Penalty is two degrees lower from principals
- There are no accessories for light felonies
or in attempted stage;
- Participation is after the commission of the
crime;
Three acts of accessories;
- Profiting from the proceeds of the crime;
- Concealing or destroying the body of the
crime;
- Helping the principals escape or harboring
such principals;
Q: Police who helped an accused for libel (light
felony) to escape, what is his liability?
A: Not liable as accessory to libel since there are
no accessories to light felonies, however he is
liable as principal for the crime of dereliction to
prosecute or arrest under the RPC;
FENCING (PD 1612)
- Keep, buy and sell, transact any objects that
has been known to him as stolen objects;
- Offender has intent to gain;
- There should first be theft or robbery; if no
theft or robbery has been committed then
no fencing;
- Mere possession of a stolen property is a
prima facie evidence of fencing;
- No conviction needed in robbery or theft
before one can become liable for fencing;
reporting or blotter report of the robbery or
theft is enough;
PREVENTIVE IMPRISONMENT
- This is a not a penalty;
- This is the period is upon the arrest of the
accused up to the release on bail; if no bail
then up to trial and judgment;
- Period of preventive imprisonment may be
credited to his term of imprisonment;
 Not full term but generally only 4/5 of
his preventive imprisonment
 XPN: if there’s an undertaking that
the accused will abide by the rules
governing prisoners adjudged by
final conviction;
- If the period of preventive imprisonment has
exceeded or reached the maximum
imprisonment that the accused could be
held for the crime charged the accused
must be released;
PENALTIES
1. Death – repealed;
2. Reclusion perpetua (afflictive) – 20 yrs and
1 day to 40 years;
3. Reclusion temporal (afflictive) – 12 yrs and
1 day to 20 yrs;
4. Prision Mayor (correctional) – 6 yrs and 1
day to 12 yrs;
5. Prision Correctional (correctional) – 6
months and 1 day to 6 years;
6. Arresto Mayor – 1 month and 1 day to 6
months;
7. Arresto Menor – 21 – 30 days and/or crimes
with fine not more than 40,000
8. Destierro – barred from coming inside a
certain area or getting close to person;
9. Fine
Subsidiary Imprisonment
- This is a penalty;
- Convict has no property to pay the fine then
he must serve subsidiary imprisonment;
- Period: at the rate equivalent to the highest
minimum wage prevailing (537 pesos) in the
PH per day of imprisonment;
Limitations:
- Penalty is prision correctional, arresto
mayor, or arresto menor – the subsidiary
imprisonment shall not exceed 1/3 of the
sentence; not to exceed 1 year;
- Penalty is fine only – if grave or less grave
felony then should not exceed 6 months; if
light felony should not exceed 15 days;
- Penalty is higher than prision correctional
(more than 6 years) – no subsidiary
imprisonment allowed;
- If the financial conditions of the accused
improves after the subsidiary imprisonment
has been served – the accused must still
pay the fine thereof;
NOTE: The subsidiary imprisonment must be
expressly provided in the judgment (Article 39,
RPC);
MULTIPLE OFFENSES
NOTE: Only crimes punished under the RPC can
be complexed with one another;
COMPOUND CRIMES – a single act that results to
grave or less grave felonies;
- Penalty will be that of the most serious
offense in maximum period;
IVLER Case:
- Reckless imprudence resulting to slight
physical injuries;
- WON reckless imprudence resulting to
homicide should be complexed with
reckless imprudence resulting to slight
physical injuries;
- Rule on Art 48 is not applicable to crimes
based on criminal negligence; even if they
are grave, less grave or light felonies they
can still be complexed;
COMPLEX CRIME PROPER – one crime is
necessary to commit another crime; one is not
indispensable in committing the other;
Forcible Abduction with Rape
- Abducts a woman against her will with lewd
design;
- If less than 12 years of age; consent is not
necessary; as long as there was lewd
design
- The abduction is necessary means to
commit the first rape; if he raped her two or
three more times; these will have separate
counts of rape; only the first rape is
complexed with forcible abduction;
Estafa through falsification of public, commercial or
official documents
- If private document, cannot be complexed
with estafa;
- Primary consideration is that there is
damage or intent to cause damage;
 SAMPLE: Homicide – Reclusion Temporal
SPECIAL COMPLEX CRIME If there’s GMC:
- Crimes where the accused committed two Max: RT minimum period
or more crimes that is punished with one
Min: PM in any of its period
penalty;
- The first crime is not necessary to commit If there’s PMC and GMC:
the second or subsequent crimes;
- There is a certain penalty already - Maximum period is one degree lower than
prescribed; no more considering the most prescribed for PMC (from RT to PM); and
serious offenses; since there is GMC penalty is in the
- Light felonies are absorbed in special minimum period of the degree (PM in its
complex crimes; minimum period)
- Minimum is one degree lower than the
Examples: maximum in any of its period;
1. Robbery with homicide; Max: Prision Mayor in its minimum period;
2. Kidnapping with homicide;
3. Rape with homicide; Min: Prision Correctional in any ot its period;
4. Kidnapping with rape; If there’s 3 GMC:
CONTINUING CRIMES – several acts are - Maximum is one degree lower than the
considered only as one crime; prescribed penalty (RT to PM); two GMC is
Rebellion considered one PMC; provided there is no
Aggravating Circumstances; the third GMC
- Any common crimes committed in pursuant will make penalty in its minimum period;
of rebellion such as murder, rape, etc. shall
be absorbed in the crime of rebellion; EXTINGUISHMENT OF CRIMINAL LIABILITY

SIMULTANEOUS SERVICE: The most severe shall Types:

be first served, then the next most severe and so - Total extinguishment
on until the less severe penalty; - Partial extinguishment

SUCCESSIVE SERVICE: Extinguishment of criminal action vs.

Extinguishment of criminal liability
- If the nature of the penalty cannot be served
simultaneously; - Extinguishment of criminal action is the loss
- Must serve the total penalty or in of the right to prosecute the action;
accordance to the three-fold rule, whichever - Extinguishment of criminal liability is the
is lesser; loss of right to make the offender liable;

Three Fold Rule TOTAL EXTINGUISHMENT

1. Must only serve the penalty to the longest 1. Death;

sentence multiplied by 3; 2. Service of sentence;
2. But must not exceed 40 years; if the longest 3. Prescription of offense;
penalty multiplied by 3 exceeds the limit; 4. Prescription of penalty;
accused will only serve up to 40 years only; 5. Absolute pardon;
6. Amnesty;
INDETERMINATE SENTENCE LAW 7. Marriage to offender;
- Not a special penal law; Death (on civil liability)
- The law allows person to serve a minimum
penalty up to a maximum penalty; - Civil liability is extinguished if he dies before
- If served the minimum penalty, the convict judgment becomes final provided that the
may be paroled; civil liability is based on delict;
- If he dies after judgment becomes final only
ISLAW not applicable to: his criminal liability shall be extinguished;
the civil liability from delict survives his
1. Convicted of a crime with penalty of death
death;
or life imprisonment; also reclusion
- But if the civil liability is from other sources
perpetua;
aside from delict; it always survives;
2. Convicted of a crime with penalty less than
1-year imprisonment;
3. Habitual delinquents or recidivist;
4. Evaded service of sentence; Effect of Death of the Accused

RULE:
Effects of the death of an accused pending appeal
on his liabilities
1. Death of the accused pending appeal of his
conviction extinguishes his criminal liability, as well
as the civil liability, based solely thereon. The death
of the accused prior to final judgment terminates his
criminal liability and only the civil liability directly
arising from and based solely on the offense
committed, i.e., civil liability ex delicto in senso
strictiore.
2. Corollary, the claim for civil liability survives
notwithstanding the death of accused, if the same
may also be predicated on a source of obligation
other than delict. Article 1157 of the Civil Code
enumerates these other sources of obligation from
which the civil liability may arise as a result of the
same act or omission:
a. Law
b. Contracts
c. Quasi-contracts d. Quasi-delicts
3. Where the civil liability survives, as
explained in Number 2 above, an action for
recovery therefor may be pursued but only by way
of filing a separate civil action and subject to
Section 1, Rule 111 of the 1985 Rules on Criminal
Procedure as amended. This separate civil action
may be enforced either against the
executor/administrator or the estate of the accused,
depending on the source of obligation upon which
the same is based as explained above.
4. Finally, the private offended party need not
fear a forfeiture of his right to file this separate civil
action by prescription, in cases where during the
prosecution of the criminal action and prior to its
extinction, the private-offended party instituted
together therewith the civil action. In such case, the
statute of limitations on the civil liability is deemed
interrupted during the pendency of the criminal
case, conformably with provisions of Article 1155 of
the Civil Code, that should thereby avoid any
apprehension on a possible privation of right by
prescription. People v. Culas, G.R. No. 211166,
June 5, 2017
Service of Sentence
 When the culprit has to serve two or more
penalties, he shall serve them simultaneously if
the nature of the penalties will so permit
otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of
their respective severity shall be followed so
that they maybe executed successively or as
nearly as may be possible, should a pardon
have been granted as to the penalty or
penalties first imposed, or should they have
been served out.
 The three-fold rule is applicable only in
connection with the service of the sentence, not
in the imposition of the proper penalties. The
court must impose all penalties for all the
crimes for which the accused have been found
guilty. Thus, the court should not make a
computation in its decision and sentence the
accused to not more than the three-fold of the
most severe of the penalties imposable. The
computation under the three-fold rule is for the
prison authorities to make (Art.70, RPC)
 Three-fold rule – We hold that the correct rule is
to multiply the highest principal by 3 and the
result will be the aggregate principal penalty
which the prisoner has to serve, plus the
payment of all the indemnities which he has
been sentenced to pay, with or without
subsidiary imprisonment depending upon
whether or not the principal penalty exceeds 6
years. (Bagtas v. Director of Prisons, 84 Phil.
692)
 When a prisoner had already served the period
provided under the threefold rule of article70 of
the RPC, he is entitled to be released through
the writ of habeas corpus because in such
cases the prisoner’s imprisonment should not
exceed three times the most serious of the
sentences he got, plus subsidiary imprisonment
for the total indemnity he had been condemned
to pay the offended parties. (Aspra v. Director of
Prisons, 85 Phil. 737)
 Criminal liability is totally extinguished by the
death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability
therefore is extinguished only when the death of
the offender occurs before final judgment
(Art.89, RPC).
 Art. 63 of the RPC mandates that when the law
prescribes a penalty composed of two
indivisible penalties and there are neither
mitigating nor aggravating circumstances in the
commission of the crime, the lesser penalty
shall be applied. (People v. Vasquez, 714
SCRA 78)
 Reclusion temporal is a single divisible penalty.
In determining the proper penalty vis-a-vis the
aggravating circumstances of recidivism and
the mitigating circumstances of voluntary
surrender, uncontrollable fear, and provocation,
Art. 64 of the RPC should be applied. Pursuant
to Art. 64(4) of the RPC, upon offsetting one
ordinary aggravating circumstances with one
mitigating circumstances, 2 mitigating
circumstances may be appreciated in favor of
the accused in determining the maximum
imposable penalty.
SPECIAL PENAL LAWS
RAPE LAW
Rape by Sexual Intercourse
Carnal knowledge by a man against the will of a
woman thru:
a) By Violence, force or intimidation;
b) By depriving consciousness;
c) By fraudulent machinations or abuse of
authority;
 d) If the victim is below 12 years old (statutory
rape);
There must be penis insertion; if no penis insertion
it may be attempted rape; or acts of lasciviousness
if there is no intent to have carnal knowledge;
Rape by Sexual Assault
- Insertion of any object in the mouth or anus
of the victim;
- Victim may be a man or woman under this
kind of rape;
ANTI-CHILD ABUSE LAW (RA 7610)
- Victim must be a child; minor or even if
above 18 years but cannot protect himself
from exploitation;
- Punishable acts include acts of sexual
intercourse with a child for prostitution or
other sexual abuse;
- For a person to be held liable under the law,
must prove the intent to debase the value
and dignity of the child;
- If the acts were committed in spur of the
moment; cannot be made liable under the
child abuse law; since intent to debase the
value and dignity of the child is none
existent;
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN LAW (RA 9262)
- The victim must be the accused’s wife or
ex-wife, live-in partner, girlfriend or ex-
girlfriend, or any one the offender has
previous dating relationship with;
- Offender may be a man or woman; covers
lesbian relationships;
Battered Woman Syndrome
- May be equated as self-defense even if
there is no unlawful aggression on the part
of the victim;
- Exempts both criminal and civil liability;
Stalking
- May be treated as psychological violence
under VAWC;
Punishable Acts under VAWC:
a.) Failure or refusal to give support; provided the
victim/s must have suffered mental or emotional
anguish due to the refusal;
b.) Marital infidelity; provided the infidelity caused
the wife/partner mental or emotional suffering;
RA 11313 - SAFE SPACES ACT
Catcalling refers to unwanted remarks directed
towards a person, commonly done in the form of
wolf-whistling and misogynistic, transphobic,
homophobic, and sexiest slurs.
Gender-based online sexual harassment refers to
an online conduct targeted at a particular person
that causes or likely to cause another mental,
emotional or psychological distress, and fear of
personal safety, sexual harassment acts including
unwanted sexual remarks and comments, threats,
uploading or sharing of one’s photos without
consent, video and audio recordings, cyrberstalking
and online identity theft.
Public spaces refer to streets and alleys, public
parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces
used as evacuation centers, vehicles covered by
app-based transport network services and other
recreational spaces such as, but not limited to,
cinema halls, theaters and spas.
Stalking refers to conduct directed at a person
involving the repeated visual or physical proximity,
non-consensual communication, or a combination
thereof that cause or will likely cause a person to
fear for one’s own safety or the safety of others, or
to suffer emotional distress.
Sec. 11. Specific Acts and Penalties for Gender-
Based Sexual Harassment in Streets and Public
Spaces. – The following acts are unlawful and shall
be penalized as follows:
(a) For acts such as cursing, wolf-whistling,
catcalling, leering and intrusive gazing, taunting,
cursing, unwanted invitations, misogynistic,
transphobic, homophobic, and sexist slurs,
persistent unwanted comments on one’s
appearance, relentless requests for one’s personal
details such as name, contact and social media
details or destination, the use of words, gestures or
actions that ridicule on the basis of sex gender or
sexual orientation, identity and/or expression
including sexist, homophobic, and transphobic
statements and slurs, the persistent telling of
sexual jokes, use of sexual names, comments and
demands, and any statement that has made an
invasion on a person’s personal space or threatens
the person’s sense of personal safety –
(1) The first offense shall be punished by a fine
of One thousand pesos (PI,000.00) and community
service of twelve hours inclusive of attendance to a
Gender Sensitivity Seminar to be conducted by the
PNP in coordination with the LGU and the PCW;
(2) The second offense shall be punished by
arresto menor (6 to 10 days) or a fine of Three
thousand pesos (P3,000.00);
(3) The third offense shall be punished by arresto
menor (11 to 30 days) and a fine of Ten thousand
pesos (P10, 000.00).
(b) For acts such as making offensive body
gestures at someone, and exposing private parts
for the sexual gratification of the perpetrator with
the effect of demeaning, harassing, threatening or
intimidating the offended party including flashing of
private parts, public masturbation, groping, and
similar lewd sexual actions –
(1) The first offense shall be punished by a fine
of Ten thousand pesos (P10,000.00) and
 community service of twelve hours inclusive of
attendance to a Gender Sensitivity Seminar, to be
conducted by the PNP in coordination with the
LGU and the PCW;
(2) The second offense shall be punished by
arresto menor (11 to 30 days) or a fine of Fifteen
thousand pesos (P15,000.00);
(3) The third offense shall be punished by
arresto mayor (1 month and 1 day to 6 months)
and a fine of Twenty thousand pesos
(P20,000.00).
(c) For acts such as stalking, and any of the acts
mentioned in Section 11 paragraphs (a) and (b),
when accompanied by touching, pinching or
brushing against the body of the offended person;
or any touching, pinching, or brushing against the
genitalia, face, arms, anus, groin, breasts, inner
thighs, face, buttocks or any part of the victim’s
body even when not accompanied by acts
mentioned in Section 11 paragraphs (a) and (b) –
(1) The first offense shall be punished by arresto
menor (11 to 30 days) or a fine of Thirty thousand
pesos (P30,000.00), provided that it includes
attendance in a Gender Sensitivity Seminar, to be
conducted by the PNP in coordination with the LGU
and the PCW;(2) The second offense shall be
punished by arresto mayor (1 month and 1 day to 6
months) or a fine of Fifty thousand pesos
(P50,000.00);
(3) The third offense shall be punished by arresto
mayor in its maximum period or a fine of One
hundred thousand pesos (P 100,000.00)
Sec. 12. Gender-Based Online Sexual
Harassment. – Gender-based online sexual
harassment includes acts that use information and
communications technology in terrorizing and
intimidating victims through physical, psychological,
and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist
remarks and comments online whether publicly or
through direct and private messages, invasion of
victim’s privacy through cyberstalking and
incessant messaging, uploading and sharing
without the consent of the victim, any form of media
that contains photos, voice, or video with sexual
content, any unauthorized recording and sharing of
any of the victim’s photos, videos, or any
information online, impersonating identities of
victims online or posting lies about victims to harm
their reputation, or filing false abuse reports to
online platforms to silence victims.
Sec. 13. Implementing Bodies for Gender-Based
Online Sexual Harassment. — For genderbased
online sexual harassment, the PNP Anti-
Cybercrime Group (PNPACG) as the National
Operational Support Unit of the PNP is primarily
responsible for the implementation of pertinent
Philippine laws on cybercrime, shall receive
complaints of gender-based online sexual
harassment and develop an online mechanism for
reporting real-time gender-based online sexual
harassment acts and apprehend perpetrators. The
Cybercrime Investigation and Coordinating Center
(CICC) of the DICT shall also coordinate with the
PNPACG to prepare appropriate and effective
measures to monitor and penalize gender-based
online sexual harassment.
Sec. 14. Penalties for Gender-Based Online
Sexual Harassment. – The penalty of prision
correccional in its medium period or a fine of not
less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or both, at the
discretion of the court shall be imposed upon any
person found guilty of any gender-based online
sexual harassment.
If the perpetrator is a juridical person, its license or
franchise shall be automatically deemed revoked,
and the persons liable shall be the officers thereof,
including the editor or reporter in the case of print
media, and the station manager, editor and
broadcaster in the case of broadcast media. An
alien who commits gender-based online sexual
harassment shall be subject to deportation
proceedings after serving sentence and payment of
fines.
Exemption to acts constitutive and penalized as
gender-based online sexual harassment are
authorized written orders of the court for any peace
officer to use online records or any copy
thereof as evidence in any civil, criminal
investigation or trial of the crime: Provided, That
such written order shall only be issued or granted
upon written application and the examination under
oath or affirmation of the applicant and the
witnesses may produce, and upon showing that
there are reasonable grounds to believe that
gender-based online sexual harassment has been
committed or is about to be committed, and that the
evidence to be obtained is essential to the
conviction of any person for, or to the solution or
prevention of such crime.
Any record, photo or video, or copy thereof of any
person that is in violation of the preceding sections
shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing
or investigation.
Sec. 15. Qualified Gender-Based Streets, Public
Spaces and Online Sexual Harassment. – The
penalty next higher in degree will be applied in the
following cases:
(a) If the act takes place in a common carrier or
PUV, including, but not limited to, jeepneys, taxis,
tricycles, or app-based transport network vehicle
services, where the perpetrator is the driver of the
vehicle and the offended party is a passenger:
 (b) If the offended party is a minor, a senior
citizen, or a person with disability (PWD), or a
breastfeeding mother nursing her child;
(c) If the offended party is diagnosed with a
mental problem tending to impair consent;
(d) If the perpetrator is a member of the
uniformed services, such as the PNP and the
Armed Forces of the Philippines (AFP), and the
act was perpetrated while the perpetrator was in
uniform; and(e) If the act takes place in the
premises of a government agency offering
frontline services to the public and the perpetrator
is a government employee.
Sec. 16. Gender-Based Sexual Harassment in
the Workplace. – The crime of gender-based
sexual harassment in the workplace includes the
following:
(a) An act or series of acts involving any
unwelcome sexual advances, requests or demand
for sexual favors or any act of sexual nature,
whether done verbally, physically or through the
use of technology such as text messaging or
electronic mail or through any other forms of
information and communication systems, that has
or could have a detrimental effect on the conditions
of an individual’s employment or education, job
performance or opportunities; (b) A conduct of
sexual nature and other conduct-based on sex
affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the
recipient, whether done verbally, physically or
through the use of technology such as text
messaging or electronic mail or through any other
forms of information and communication systems;
(c) A conduct that is unwelcome and pervasive
and creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the
crime of gender-based sexual harassment may
also be committed between peers and those
committed to a superior officer by a subordinate,
or to a teacher by a student, or to a trainer by a
trainee; and
(d) Information and communication system
refers to a system for generating, sending,
receiving, storing or otherwise processing
electronic data messages or electronic
documents and includes the computer system or
other similar devices by or in which data are
recorded or stored and any procedure related to
the recording or storage of electronic data
messages or electronic documents.
Sec.21. Gender Based Sexual Harassment in
Educational and Training Institutions. —All
schools, whether public or private, shall designate
an officer-in-charge to receive complaints regarding
violations of this Act, and shall ensure that the
victims are provided with a gendersensitive
environment that is both respectful to the victims’
needs and conducive to truth-telling. Every school
must adopt and publish grievance procedures to
facilitate the filing of complaints by students and
faculty members. Even if an individual does not
want to file a complaint or does not request that the
school take any action on behalf of a student or
faculty member and school authorities have
knowledge or reasonably know about a possible or
impending act of gender based sexual harassment
or sexual violence, the school should promptly
investigate to determine the veracity of such
information or knowledge and the circumstances
under which the act of gender-based sexual
harassment or sexual violence were committed,
and take appropriate steps to resolve the situation.
If a school knows or reasonably should know about
acts of gender-based sexual harassment or sexual
violence being committed that creates a hostile
environment, the school must take immediate
action to eliminate the same acts, prevent their
recurrence, and address their effects.
Once a perpetrator is found guilty, the educational
institution may reserve the right to strip the diploma
from the perpetrator or issue an expulsion order.
The Committee on Decorum and Investigation
(CODI) of all educational institutions shall address
gender-based sexual harassment and online sexual
harassment in accordance with the rules and
procedures contained in their CODI manual.
RA 10173 – Data Privacy Act
A, who accessed the private messages of his
brother and shared in Facebook pictures of other
people without their consent, can be charged with
violation of RA 10173 (Data Privacy Act of 2012) in
relation to Chapter II, Section 6 of RA 10175
(Cybercrime Prevention Act of 2012) Data Subject
Section 3(c) of the DPA defines a data subject as
“an individual whose personal information is
processed.” The IRR of the DPA is more specific
when it declares that the term refers to “an
individual whose personal, sensitive personal, or
privileged information is processed.” IRR of DPA,
§3(d)
Personal Information
Section 3(d) of the DPA, defines personal
information as “any information whether recorded in
a material form or not, from which the identity of an
individual is apparent or can be reasonably and
directly ascertained by the entity holding the
information, or when put together with other
information would directly and certainly identify an
individual.” Accordingly, images of an individual are
personal information and fall under the protection of
the DPA. ADVISORY OPINION NO. 2019-049,
December 11, 2019
Sensitive Personal Information
Sensitive personal information refers to personal
information:
1) About an individual’s race, ethnic origin,
marital status, age, color, and religious,
philosophical or political affiliations;
2) About an individual’s health, education,
genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to
have been committed by such person, the disposal
of such proceedings, or the sentence of any court
in such proceedings;
3) Issued by government agencies peculiar to
an individual which includes, but not limited to,
social security numbers, previous or current health
records, licenses or its denials, suspension or
revocation, and tax returns; and
4) Specifically established by an executive
order or an act of Congress to be kept classified.
Potential borrower’s details
The name, account number and the bank account
transaction history of a potential borrower are
considered personal information since it directly
identifies a specific individual. The automated
retrieval thereof, considered a form of processing,
must comply with the standards provided by
Section 12 of the DPA. NPC Advisory Opinion
2020-021
It is worthy to note that the unit numbers of a
condominium may be considered as personal
information as these may represent and correspond
to the natural persons who are the registered
owners of that particular condominium unit.
The condominium association, as the entity holding
and recording all information pertaining to the
registered unit owners, can easily identify the
individual owners of the condominium unit.
Nevertheless, contrary to the position of the lawyer
of the association, Section 12 of the DPA provides
for the criteria for lawful processing of personal
information. Particularly, Section 12(c) states that
personal information may be processed if it is
necessary for compliance with a legal obligation to
which the personal information controller is subject.
In your case, the condominium association has a
legal obligation, rooted in Section 74 of the
Corporation Code, to provide access to and inspect
corporate records and documents, even the
financial statement, as stated in Section 75 of the
same Code. The DPA has the twin task of
protecting the fundamental human right of privacy
while ensuring free flow of information.
The DPA does not operate to curtail existing rights
of members of a condominium corporation,
specifically on inspection of corporate books and
records, subject to existing laws and regulations
on such matters. Hence, the condominium
corporation may lawfully disclose the unit numbers
of the members of the association based on the
DPA and your right to inspect the books and
records of the corporation as discussed above.
Although the right to inspect is subject to certain
limitations, such may be raised as a defense in
actions filed under Section 74 of the Corporation
Code. NPC Advisory Opinion 2018-011, March 22,
2018
Consent of Data Subject
Consent under Section 3(b) of the DPA, and
Section 3(d) of its Implementing Rules and
Regulations (IRR), is defined as follows: “Consent
of the data subject refers to any freely given,
specific, informed indication of will, whereby the
data subject agrees to the collection and
processing of personal information about and/or
relating to him or her. Consent shall be evidenced
by written, electronic or recorded means. It may
also be given on behalf of the data subject by an
agent specifically authorized by the data subject to
do so.” From the definition provided above, it is
clear that consent may be evidenced by written,
electronic, or recorded means. Any of the three (3)
formats provided may be adopted by a personal
information controller (PIC) relative to the collection
and processing of personal data. The NPC
currently does not maintain any preference among
the three. Nonetheless, it is worth emphasizing
that, regardless of the format of the consent given
by the data subject, it must be freely given, specific,
and informed.
From the definition provided above, it is clear that
consent may be evidenced by written, electronic, or
recorded means. (IRR of DPA of 2012, §3[d]) Any
of the three (3) formats provided may be adopted
by a personal information controller (PIC) relative to
the collection and processing of personal data. The
NPC currently does not maintain any preference
among the three. Nonetheless, it is worth
emphasizing that, regardless of the format of the
consent given by the data subject, it must be freely
given, specific, and informed.
In line with the foregoing discussion, implied,
implicit or negative consent is not recognized under
the law. Thus, a company policy that merely
stipulates that the inputting of requested personal
information amounts to consent or a waiver by a
data subject of his or her data privacy rights shall
not be considered as valid consent, as required
under the DPA. Regarding consent through
recorded means or consent given through a duly
recorded oral statement, the PIC is also allowed to
present any other types of evidence (i.e., object,
documentary, electronic evidence) that may
validate the existence and content of the said
recording. Note that, pursuant to the Rules of
Procedure of the Commission, the Rules of Court
shall apply suppletorily whenever practicable and/or
convenient, given the circumstances. NPC Advisory
Opinion No. 2017-007, January 9, 2017
Criteria for Lawful Processing of Personal
Information
The processing of personal information shall be
permitted only if not otherwise prohibited by law,
and when at least one of the following conditions
exists: a) The data subject has given his or her
consent;
b) The processing of personal information is
necessary and is related to the fulfillment of a
contract with the data subject or in order to take
steps at the request of the data subject prior to
entering into a contract;
c) The processing is necessary for compliance
with a legal obligation to which the personal
information controller is subject;
d) The processing is necessary to protect
vitally important interests of the data subject,
including life and health;
e) The processing is necessary in order to
respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill
functions of public authority which necessarily
includes the processing of personal data for the
fulfillment of its mandate; or
f) The processing is necessary for the
purposes of the legitimate interests pursued by the
personal information controller or by a third party or
parties to whom the data is disclosed, except where
such interests are overridden by fundamental rights
and freedoms of the data subject which require
protection under the Philippine Constitution. Sec.
12, DPA
CRIMINAL LAW (BOOK 2)
CRIMES AGAINST PROPERTY (TITLE 10)
Robbery (Art 293)
Elements:
a. Intent to gain;
b. Unlawful taking;
c. Personal property belonging to another;
d. Violence against or intimidation of any
person or force upon anything;
Simple robbery – even if there is less serious
physical injuries or slight physical injuries inflicted
upon the offended party on occasion of robbery;
Robbery with Homicide (Art 294)
- The robbery is the main purpose and the
objective and the killing is merely incidental
to the robbery;
- Homicide is used in its generic sense;
includes parricide, infanticide and murder;
- Liable as principal if one did not prevent the
commission of the homicide;
Robbery with rape (Art 294)
- Enough that robbery is accompanied by
rape;
- If rape was the primary objective and the
taking was not for gain but to have a token
for his crime, then the crimes are separate
crimes of rape and unjust vexation;
- No robbery with attempted rape;
Robbery by a Band (Art 296)
- Robbery effected by more than 3 armed
malefactors;
- By a band is only a generic aggravating
circumstances;
Theft (Art 308)
Elements:
1. Taking of personal property;
2. Said property belongs to another;
3. Without consent of owner;
4. With intent to gain;
5. Taking be accomplished without use of
violence against or intimidation of persons
or force upon things;
NOTE: the act of the person taking possession of
vehicle for joy ride without consent is theft; intent to
gain is satisfaction or pleasure gained; (Villacorta
vs. Insurance Commission; Oct 1980);
People vs. Meharies (Jan 2018; J. Leonen)
The SC has been consistent in holding that
“intent to gain” is an internal act that is presumed
from the unlawful taking by the offender of the thing
subject of asportation. Thus, actual gain is
irrelevant as the important consideration is the
intent to gain.
Qualified Theft
Elements:
1. Taking of personal property;
2. Said property belongs to another;
3. Without consent of owner;
4. With intent to gain;
5. Taking be accomplished without use of
violence against or intimidation of persons
or force upon things;
6. Abuse of confidence or the property was
taken under certain circumstances;
Kinds of Qualified Theft
- Those committed by domestic servant;
- Those committed by motor vehicle, mail
matter or large cattle;
- Those committed during earthquakes, or
other natural disasters;
Estafa (Art 315)
- Punishes different forms of criminal deceit;
Estafa with abuse of confidence
1. Money, goods or personal property received
in trust, on commission or for administration
with duty to deliver or return the same;
 2. There is misappropriation or conversion of
such money or property or denial of receipt
thereof;
3. Such misappropriation or conversion is to
prejudice another;
4. There is demand made by the offended
party to the offender;
Note:
- The offender must have juridical possession
of the money or property;
Estafa by false pretenses
Elements:
1. There is a false pretense or fraudulent
representations as to offender’s power,
influence, or imaginary transactions;
2. Such false pretense was made prior to or
simultaneously with commission of the
fraud;
3. That the offended party relied on the false
pretense or fraudulent act and was induced
to part with his money or property;
4. As a result, offended party suffered
damage;
Actionable fraud – when the accused has
knowledge that the venture proposed would not
reasonably yield the promised results, and yet
despite such knowledge, deliberately continues
with the misrepresentation;
Estafa by postdating a check or issuing a check
in payment of obligation
Elements:
1. Offender postdated a check, or issued a
check in a payment of an obligation;
2. Such postdating or issuing a check was
done when the offender had no funds, or his
funds were insufficient;
3. Check must be postdated or issued in
payment if an obligation contracted at the
time of the issuance and delivery of check; it
should not be issued for payment of pre-
existing obligation;
BP 22 (Anti-Bouncing Checks Law)
Who is liable?
- The one who makes or draws the check; the
maker or drawer; negotiator is not included;
- Payee if he conspired with the maker or
drawer;
Requisites for conviction
1. Making, or drawing of any check to apply for
account or for value;
2. Knowledge of the maker, drawer, or issuer
that at the time he issued it he does not
have sufficient funds;
3. Subsequent dishonor of the check by
drawee bank for insufficiency of funds or
credit or dishonor of the check by drawee
bank for insufficiency of funds;
4. After dishonor, there is notice to the issuer
or drawer to settle the account for within 5
days; and he failed to do so;
NOTE:
1. If the check was issued prior to the order of
suspension by SEC to the bank, the case
for BP 22 can proceed;
2. If the check was issued after the order of
suspension by SEC to the bank, the case
for BP 22 cannot proceed until the lifting of
the order;
3. Novation is not a valid defense in BP 22;
ARSON
Elements:
1. Offender destroyed a property;
2. Act was done with deliberate intent;
3. Destruction was made by use of fire;
NOTE:
a. Main objective is burning but death results –
crime is arson only;
b. Main objective is to kill and fire was used to
commit the killing – crime is murder only;
c. Main objective is killing, and used fire to
conceal the body or cover up the killing –
then there are two separate crimes of
homicide/murder and arson
Malicious Mischief (Art 327)
Elements:
1. Offender deliberately caused damage to
property of another;
2. Such act does not constitute arson or other
crimes involving destruction;
3. Act of damaging be committed merely for
sake of damaging it;
Exemptions from Criminal Liability under crimes
against property
1. Spouses, ascendants, and descendants or
relatives by affinity;
2. Widowed spouse;
3. Brother and sisters if living together,
includes brother-in-laws and sister-in-laws;
CRIMES AGAINST PERSONS
Parricide (Art 246)
Elements
1. Person is killed;
2. The accused killed the person;
3. Deceased is the father, mother or child,
whether legitimate or illegitimate or a
legitimate other descendant or ascendant,
or legitimate spouse of the accused;
Death or Physical Injuries inflicted under
exceptional circumstances (Art 247)
Elements:
1. Legally married person surprises his wife or
daughter under 18 years and living with him,
in the act of committing sexual intercourse
with another person;
2. He or she kills any or both of them or inflicts
upon them any serious physical injuries in
the act or immediately thereafter;
3. He or she has not promoted or facilitated
the prostitution of his wife or daughter or he
or she has not consented to the infidelity of
the spouse;
People vs. Abarca
- Not necessarily immediately thereafter the
act of sexual intercourse;
- As long as the killing is motivated by blind
impulse and not external factors influenced
the accused;
Murder (Art 248)
1. A person is killed;
2. Accused killed the person;
3. The killing is not parricide, infanticide or
homicide;
Qualifying circumstances:
1. Treachery; taking advantage of superior
strength, with aid of armed men;
2. Employing means to weaken the defense or
means to ensure impunity;
3. In consideration of reward or promise;
4. By means of inundation, fire, poison,
explosion, shipwreck, by means of motor
vehicles or with use of any other means
involving great waste and ruin;
5. On occasion of calamities;
6. With evident pre-meditation;
7. With cruelty;
NOTE:
- There is always treachery in any assault on
a minor or killing of a minor child;
- There is treachery if the victim has just
woken up with no means to defend himself’
- There is treachery if the victim was tied up
before he was killed;
Homicide (Art 249)
Elements
1. A person is killed;
2. Accused killed the person;
3. The killing was not attended by the
qualifying circumstances of murder, by
parricide or infanticide;
Death in tumultuous affray (Art 251)
Takes place when a quarrel occurs among
several persons and they engaged in a confused
and tumultuous manner, in the course of which
someone is killed or wounded and the author of the
killing cannot be ascertained;
Infanticide (Art 255)
Elements
1. A child was killed;
2. Deceased was less than 3 days old in age;
3. The accused killed the child;
Intentional Abortion
1. Pregnant woman;
2. There is violence exerted or drugs or
beverages administered or that the accused
otherwise acts upon such pregnant woman;
3. As a result of violence or drugs upon her,
the fetus dies either inside the womb or
having expelled therefrom;
4. Abortion is intended;
Unintentional Abortion
1. Pregnant woman;
2. There is violence exerted without intention
of abortion;
3. Violence is intentionally exerted;
4. As a result of violence, the fetus dies;
Mutilation
Elements
1. Mutilation of organs necessary for
generation such as penis or ovarium;
2. Mutilation is caused purposely and
deliberately, that is, to deprive the offended
party part some of essential organ for
reproduction;
NOTE: other mutilation of other body parts is also
covered therein;
Serious Physical Injuries
1. When the injured party becomes insane,
imbecile, impotent or blind;
2. When the injured party losses power of
speech or hearing, or losses an eye, hand,
foot, or loss of earning capacity
permanently;
3. When injured party becomes deformed or
loss of body part or incapacitated to perform
work for period of more than 90 days;
4. When injured party becomes ill or
incapacitated from performing work for
between 30 – 90 days;
Less Serious Physical Injuries
1. Offended party is incapacitated for 10 days
– 30 days
Slight Physical Injuries
1. Incapacitated the party from labor for 1 – 9
days;
2. Ill treatment of another by deed without
causing any injury (maltreatment);
Rape (Art 266-A)
Rape by sexual intercourse
 By a man who has carnal knowledge with a
woman without her consent under the following
circumstances:
1. Through force, threat or intimidation;
2. When the offended party is deprived of
reason or is otherwise unconscious;
3. By means of fraudulent machinations or
grave abuse of authority;
4. When offended party is under 12 years of
age or is demented;
Rape by sexual assault
By any person who, under the
circumstances mentioned above, shall commit an
act of sexual assault by inserting his penis into
another person’s mouth or anus, or any instrument
or object into the genital or anal orifice of another
person;
NOTE:
- Lack of resistance will not negate the crime
of rape especially if the accused is a
relative;
- Medico legal report is not an indispensable
element in the conviction of crime of rape;
Rape with Homicide
- By reason of rape, the woman was killed; or
a person other than the rape victim was
killed;
- Homicide here is in its generic sense; it
absorbs murder or parricide;
CRIMES AGAINST PUBLIC INTEREST (TITLE 4)
Forgery (Art 169)
Elements
1. Offender committed act of forgery on a
treasure or bank note or instrument payable
to bearer or order;
2. Act of forgery consists in giving these
documents the appearance of a true or
genuine document or by erasing,
substituting, counterfeiting or altering by
means the figures, letters, words or signs
contained therein;
Falsification by public officer, employee or
notary or ecclesiastical minister (Art 171)
Elements:
1. Offender is a public officer, employee, or
notary public;
2. Takes advantage of his official position;
3. He falsifies a documentary by committing
any of the acts of falsification;
Falsification by private individuals
Elements:
1. Offender is private individual or public
officer or employee who does not abuse his
position;
2. He or she committed any act of falsification
in official or public document;
- Criminal intent is required;
- Intention to cause prejudice must be
proven;
Usurpation of authority or official functions (Art
177)
Elements:
1. Offender represents herself/himself as
officer or agent or representative of gov’t or
perform an act pertaining to person in
authority;
2. He or she has no authority to do so;
Using fictitious name and concealing true name
(Art 178)
Elements:
1. Offender uses name other than his real
name;
2. Purpose of the offender is to conceal a
crime or evade the execution of judgment or
cause damage;
Perjury (Art 183)
Elements:
1. Statement or affidavit upon a material
matter made under oath;
2. Before a competent officer authorized to
receive and administer such oath;
3. Willful and deliberate assertion of a
falsehood by offender;
4. That the sworn statement containing falsity
is required by law;
- The falsehood was made not in a judicial
proceeding;
Offering false testimony in evidence
Elements
1. Offender offered in evidence a false witness
or false testimony;
2. He knew the witness or testimony was false;
3. Offer was made in a judicial or official
proceeding;
Incriminating innocent persons
Elements:
1. Offender performs an act;
2. By such act he directly incriminates or
imputes to an innocent person the
commission of a crime;
3. Such act does not constitute perjury;
- This is not considered as malicious
prosecution;
CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
Kidnapping and serious illegal detention (Art
267)
Elements
1. Offender is private person;
2. Kidnaps or detains another or in manner
deprives the latter of his liberty;
3. Act of detention or kidnapping must be
illegal;
4. Under these circumstances:
- Detention lasts for more than 3 days;
- Committed simulating public authority;
- If there are serious physical injuries inflicted
upon the victim; or there had been threats to
kill;
- Person detained is a minor, female or public
officer;
Special complex crime
- When a person is killed during the
detention, regardless if intentional or
incidental, shall be punished under Art 267;
- Murder or homicide here is absorbed;
- Regardless of the number of rapes; the
crime will be only kidnapping with rape;
People vs. Concepcion (2018; J. Leonen)
- The SC considered the abduction of the
victim by the accused absorbed in the crime
of rape since it was restored in order to
commit the latter crime;
Slight illegal detention (Art 270)
Elements:
1. Offender is private individual;
2. He kidnaps or detains another or any other
manner deprives the latter his liberty
3. Act of kidnapping or detention is illegal
4. Crime is committed without the attendance
of any circumstances under Art 267;
Unlawful Arrest (Art 270)
Elements
1. Offender arrests or detains another person;
2. The purpose is to deliver him to the proper
authorities;
3. Arrest or detention is not authorized by law
or there is no reasonable ground thereof;
Abandonment of persons in danger and
abandonment of one’s own victim (Art 275)
Elements:
1. Place is not inhabited;
2. Accused found there a person wounded or
in danger of dying;
3. The accused can render assistance without
detriment to himself;
4. Accused fails to render assistance;
Qualified trespass to dwelling (Art 280)
Element
1. Offender is a private person;
2. He entered the dwelling of another;
3. Against the will of the latter;
2 modes:
- By entering against the owner’s will;
- By entering through use of violence;
Grave threats (Art 282)
Elements
1. Offender threatens another person with
infliction upon latter’s person, honor or
property or upon latter’s family of any
wrong;
2. Such wrong amounts to a crime;
3. There is demand for money or that any
other condition is imposed, even though not
unlawful;
4. The offender attains his purpose;
Light Threats (Art 283)
Elements
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is demand for money or that any
other condition is imposed, even though not
unlawful;
4. Offender has attained his purpose or that he
has not attained his purpose;
Other light threats (Art 285)
a. By threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it
be lawful self-defense;
b. By orally threatening another, in heat of
anger, with some harm not constituting a
crime, without persisting with the idea
involved in the threat;
c. By orally threatening to do another any
harm not constituting a felony;
Grave Coercions (Art 286)
Elements
1. Person prevented another from going
something not prohibited by law, or that he
be compelled to do something against his
will, be it right or wrong;
2. The prevention or compulsion be effected
by violence;
3. Person that restrained the victim had not
been authorized by law to do such;
Light coercions (Art 287)
Elements
1. Offender is a creditor;
2. He seizes property belonging to the debtor;
3. Seizure is accompanied by means of
violence or intimidation;
4. Purpose of the offender is to apply the same
to payment of debt;
Unjust Vexation (Art 287; par 2)
Any human conduct which, although not
productive of some physical or material harm
would, however, unjustly annoy or vex innocent
person.
- by means of fraudulent machination or
grave abuse of authority;
- when the offended party is under 12 years
of age or is demented;