Professional Documents
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Filipino Citizen
permanent : Anywhere
allegiance which(Art.2, RPC)
consists since
in the he owes
obligation Requisites:
a. Adherence to the enemies, AND
of fidelity and obedience which a citizen or subjects b. Giving of aid or comfort to them.
owes to his government or sovereign. Note: Mere adherence without its physical
manifestation through the giving of aid or comfort is not
Alien: Only in the Philippines (EO No. 44) except in sufficient to constitute treason. Both adherence and the
case of conspiracy. giving of aid or comfort to the enemy must concur.
An alien owes permanent allegiance to his own The term “enemy” applies only to the subjects of a
country, at the same time, a temporary allegiance to foreign power in a state of hostility with the traitor’s
the country where he resides. Temporary allegiance is country. It does not embrace rebels in insurrection
the obligation of fidelity & obedience which an alien against their own country, for in that case the crime
owes to the government of the country where he would be rebellion.
resides.
The act committed need not actually strengthen the
2. That there is a war in which the Philippines is involved; enemy or be successful. However, the act must be such
Treason is a war crime. It remains dormant until the that it directly and materially tends to improve the
furnishing the
information, enemyof with
or means arms, troops, supplies,
transportation. ii. Obedience
acceptance to of apublic
de facto
office government (Mere
and discharge of
official duties under the enemy do not constitute
The extent of aid and comfort given to the enemies per se the felony of treason. BUT when the
must be to render assistance to them as enemies and position is policy-determining, the acceptance of
not merely as individuals and, in addition, be directly in public office and the discharge of official duties
furtherance of the enemies’ hostile designs. constitute treason).
Commandeering of women to satisfy the lust of the giving aid or comfort to the enemy must be intentional.
enemy is not treason. Circumstances inherent in treason : treachery, abuse of
superior strength and evident premeditation.
Adherence may be proved:
1. By one witness; Circumstances aggravating in treason: ignominy, cruelty,
2. From the nature of the act itself; or amount or degree of aid, gravity of separate distinct acts
3. From the circumstances surrounding the act. of treason.
ARTICLE 115 the crime of misprision of treason. It simply means that the
CONSPIRACY & PROPOSAL penalty imposed is that of an accessory to the crime of
TO COMMIT TREASON treason.
Conspiracy to commit treason But the offender in Article 116 is a principal in the crime of
Committed when in time of war, two or more persons misprision of treason. Misprision of treason is a separate
come to an agreement to levy war against the and distinct offense from the crime of treason.
Government or to adhere to the enemies and to give them
aid or comfort, and decide to commit it (Arts. 8 and 114). ARTICLE 117
ESPIONAGE
Proposal to commit treason Espionage
Committed when in time of war a person who has decided The offense of gathering, transmitting, or losing
to levy war against the Government or to adhere to the information respecting the national defense with intent or
enemies and to give them aid or comfort, proposes its reason to believe that the information is to be used to the
execution to some other person or persons (Arts. 8 and injury of the Republic of the Philippines or to the
114). advantage of a foreign nation.
c. for
By the same purpose
receiving andorwith
or obtaining like intent
agreeing as in par.orA.
or attempting disloyalty, mutiny, or refusal of duty.
inducing or aiding another to receive or obtain from 4. Disloyal acts or words in time of war.
any sources any of those data mentioned in par. B, Ways of violating Sec. 4:
code book or signal book, knowing that it will be a. By willfully making or conveying false reports or false
obtained or disposed of by any person contrary to the statements with intent to interfere with the operations
provisions of this act. or success of the Armed Forces of the Philippines.
d. By communicating or transmitting, or attempting b. To promote the success of its enemies, by willfully
to communicate or transmit to any person not entitled causing or attempting to cause insubordination,
to receive it, by willfully retaining and failing to deliver disloyalty, mutiny or refusal of duty in the Armed
it on demand to any officer or employee entitled to Forces of the Philippines.
receive it, the offender being in possession of, having c. By willfully obstructing the recruiting or enlistment
access to, control over, or being entrusted with any of service.
the data mentioned in par. B, or code book or signal
book. 5. Conspiracy to commit the preceding acts.
e. By permitting, through gross negligence, to be Requisites:
removed from its proper place or custody or delivered a. Two or more persons conspire to violate the
to anyone inorviolation
abstracted destroyedof any
his trust,
of theordata
to bementioned
lost, stolen,
in b. provisions
One or more of Sec. 1, 2,persons
of such 3 or 4 of
dothis
anyAct;
act and
to effect the
par B, code book or signal book, the offender being object of the conspiracy.
entrusted with or having lawful possession or control
of the same. 6. Harboring or concealing violators of the Act.
Requisites:
2. Unlawfully disclosing information affecting national a. The offender knows that a person has committed or is
defense. about to commit an offense under this Act; and
Ways of violating Sec. 2 : b. The offender harbors or conceals such person.
a. By communicating, delivering or transmitting or
7. Making any photograph, sketch, picture, drawing, map 2. That such acts:
or graphical representation of vital military, naval and air a. Provoke or give occasion for a war involving or liable
installations or equipment as defined by the Philippine to involve the Philippines, or
President as requiring protection against the general b. Expose Filipino citizens to reprisals on their persons
dissemination of information relative thereto UNLESS and property.
he obtains the permission of the commanding officer (or Note: Intention of the accused is immaterial.
higher authority).of post, camp or station concerned and This is committed in time of peace.
promptly submits the product obtained to the same Penalty is higher when the offender is a public
commanding officer (or higher authority) (Sec. 8). officer or employee.
Article or
fleeing 121going
musttobe
an implemented
enemy countrybyisthe
not Government.
prohibited by If seas,
the gulfs,ofbays
islands thearound, between
Philippine and connecting
Archipelago, each
irrespective of itsof
competent authority, the crime defined in Article 121 depth, breadth, length or dimension, and all other waters
cannot be committed. belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction (Sec. 2, P.D. 532).
tribunal of any country where the offender may be found 3. Directly or indirectly abets the commission of piracy.
or into which he may be carried.
ARTICLE 123
Mutiny QUALIFIED PIRACY
The unlawful resistance to a superior, or the raising of
commotions and disturbances on board a ship against the Qualifying Circumstances:
authority of its commander 1. Whenever the offenders have seized the vessel by
Piracy under RPC Mutiny boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims
Place of commission: Either in Philippine waters or without means of saving themselves; or
on the high seas 3. Whenever the crime is accompanied by murder,
The persons who attack Mutiny is committed by homicide, physical injuries, or rape.
a vessel or seize its members of the crew or
cargo are strangers to passengers. The “crimes” mentioned in the article which are qualified
the vessels. are piracy and mutiny on the high seas.
Intent to gain is The offenders may only Qualified piracy is a SPECIAL COMPLEX CRIME
essential. intend to ignore the punishable by reclusion perpetua to death, regardless of
ship’s officers or they the number of victims.
may be prompted by a
desire to commit Offenders are not liable for the separate crimes of murder,
plunder. homicide, physical injuries, or rape.
been consummated at the time the arrest is made, the c. 36 hrs for offenses punishable by afflictive penalties
offense is said to be committed in his presence. (U.S. or their equivalent.
vs. Samonte, G.R. No. 5649, September 6, 1910).
Circumstances considered in determining liability of
2. When an offense has in fact just been committed, and officer detaining a person beyond legal period:
he has probable cause to believe based on personal 1. The means of communication;
knowledge of facts and circumstances that the person 2. The hour of arrest; and
to be arrested has committed it; 3. Other circumstances such as the time of surrender and
the material possibility for the fiscal to make the
‘Personal Knowledge of facts’ in arrests without warrant investigation and file in time the necessary information.
must
actualbebelief
basedor upon probable
reasonable cause,ofwhich
grounds means
suspicion an
( U.S. “Delivery to proper authorities”
vs. Santos, G.R. No. 12779, September 10, 1917). It means filing of an Information against the person
arrested with the corresponding court or judge. It does not
3. When the person to be arrested is a prisoner who has mean “physical delivery.”
escaped from a penal establishment, or place where he
is serving final judgment or temporarily confined while “Proper judicial a uthorities”
his case is pending, or has escaped while being It refers to the courts of justice or judges of said courts
transferred from one confinement to another. (Sec. 5, vested with judicial power to order the temporary
Rule 113, Revised Rules of Criminal Procedure) detention or confinement of a person charged with having
committed a public offense.
Periods of detention penalized
a. If the detention has not exceeded 3 days.
Reason for Article 125
b. If the detention has continued more than 3 days but
It is intended to prevent any abuse resulting from
not more than 15 days.
confining a person without informing him of his offense
c. If the detention has continued more than 15 days but
and without permitting him to go on bail.
not more than 6 months.
d. If the detention has exceeded 6 months.
A privatewith
comply individual who makes
requirements under a Art.
lawful125
arrest must
. If he failsalso
to
Arbitrary Detention Unlawful Arrest
comply, he is liable for the crime of ILLEGAL DETENTION
Committed by a public Committed by either under Art. 267 or 268 .
officer authorized to private individual or
arrest and detain a public officer who The illegality of the detention is not cured by the filing of
person but he does so feigned to arrest a information in court.
without lawful cause. person without any legal
cause, for the purpose of Art. 125 applies only when the arrest is made without a
delivering him to the warrant of arrest but lawful. It does NOT apply when the
proper authorities. arrest is by virtue of a warrant of arrest, in which case he
can be detained indefinitely. He must, however, be
ARTICLE 125 delivered without unnecessary delay to the nearest police
DELAY IN THE DELIVERY OF DETAINED PERSONS station or jail.
TO THE PROPER
JUDICIAL AUTHORITIES The reason for this is that there is already a complaint or
information filed against him with the court which issued
The detention is illegal The detention is legal in Exception: There is no expulsion in cases of ejectment,
from the beginning. the beginning but the expropriation or when the penalty of destierro is imposed.
illegality of the detention
starts from the expiration Only the President of the Philippines is authorized to
of any of the periods of deport aliens under the Revised Administrative Code.
time specified in Art.
125, without the person Only the court by a final judgment can order a person to
detained having been change residence.
delivered to the proper
judicial authority SECTION TWO: VIOLATION OF DOMICILE
b. The performance
for the of prisoner;
release of the such judicial
or or executive order 2. crime
If any papers
are not orreturned
effects, immediately
not constituting
afterevidence of is
a search a
c. The proceedings upon a petition for the release of made by the offender.
such person.
Note: Most likely to be violated by wardens or jailers. The offender must be a public officer or employee. If he is
a private individual, or if the public officer is one whose
function does not include the duty to effect search and
seizure (Boado, 2008, p. 395) , the crime committed is
TRESPASS TO DWELLING.
In the first mode, lack of consent would not suffice as the Elements:
law requires that the offender’s entry must be over the a. That the offender is a public officer or employee;
owner’s objection. b. That he has legally procured a search warrant; and
c. That he exceeds his authority or uses unnecessary
In the second mode, mere lack of consent is sufficient. severity in executing the same.
Silence of the owner of the dwelling before and during the Note: If in searching a house, the public officer destroys
search, without search warrant, by a public officer, may furniture therein without any justification at all, he is
show implied waiver. guilty under Article 129, as having used unnecessary
severity in executing the search warrant.
In the third mode, what is punished is the refusal to leave,
the entry having been made surreptitiously. Search warrant
It is an order in writing issued in the name of the People of
It is believed, however, that if the surreptitious entry had the Philippines, signed by the judge and directed to a
been made through an opening not intended for that peace officer, commanding him to search for personal
purpose, the offender would be liable under the first mode property described therein and bring it before the court.
since it is entry over the implied objection of the (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)
inhabitant.
Requisites for the issuance of search warrant:
Although the Code speaks of the owner of the premises, it A search warrant shall not issue except upon probable
would be sufficient if the inhabitant is the lawful occupant cause in connection with one specific offense to be
using the premises as his dwelling, although he is not the determined personally by the judge after examination
owner thereof. under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describi ng the
The papers or other effects in the second mode must be place to be searched and the things to be seized which
found in the dwelling (Reyes, 2008, p. 67). may be anywhere in the Philippines (Sec. 4, Rule 126,
Revised Rules of Criminal Procedure).
“Not
A being
public authorized
officer by judicial
or employee order” by judicial order
is authorized Test of lack of just cause
when he is armed with a search warrant duly issued by Whether the affidavit filed in support of the application for
the court. Hence, he is not authorized by judicial order search warrant has been drawn in such a manner that
when the public officer has no search warrant. (Reyes, p. perjury could be charged thereon and affiant can be held
66) liable for damages caused.
“Against the will of owner” If the search warrant is secured through a false affidavit,
It presupposes opposition or prohibition by the owner, the crime punished by this article
WHETHER EXPRESS OR IMPLIED, and not merely the
absence of consent. (Reyes, 2008, p. 66) CANNOT be complexed but will be a separate crime from
perjury since the penalty herein provided shall be IN
ARTICLE 129 ADDITION TO the penalty of perjury.
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE A search warrant shall be valid for ten (10) days from its
LEGALLY OBTAINED date.
Acts
1. Punished:
Procuring a search warrant without just cause. When papers
searches and or effects are
seizures, obtained
or under duringwarrant
a search unreasonable
issued
Elements: without probable cause and not in accordance with the
a. That the offender is a public officer or employee; procedure prescribed, or in violation of the privacy of
b. That he procures a search warrant; and communication and correspondence, the papers of effects
c. That there is no just cause. thus obtained are not admissible if presented as evidence.
2. Exceeding his authority or by using unnecessary Instances when a warrantless search and seizure is
severity in executing a search warrant legally procured. valid:
1. Consented searches;
procured
3. That he ; searches the domicile, papers or other 2. Hindering any person from joining any lawful
belongings of any person ; and association or from attending any of its meetings;
4. That the owner, or any member of his family or two 3. Prohibiting or hindering any person from addressing,
witnesses residing in the same locality are not either alone or together with others, any petition to the
present. authorities for the correction of abuses or redress of
grievances.
The papers or other belongings must be in the dwelling of
their owner at the time the search is made. It does not Common elements:
apply to searches of vehicles or other means of 1. That the offender is a public officer or employee;
transportation because the searches are not made in 2. That he performs any of the acts mentioned above.
dwelling ( Reyes, The Revised Penal Code Book II, 17 th
ed., 2008 p. 73). The right to freedom of speech and to peacefully
assemble, though guaranteed by our Constitution, is not
Art. 130 does NOT apply to searches of vehicles or other absolute, for it may be regulated in order that it may not
means of transportation. be “injurious to the right of the community or society,” and
this power may be exercised under the “police power” of
Searchdoes
Code without warrant
not include under the
a dwelling Tariff and Customs
house. the state,the
promote which
goodis order
the power to prescribe
or safety regulations
and general welfare to
of
the people.
body, not punished under Art. 131 but under Arts. 143 and faithful.
144 of the RPC. If the act is directed to the religious belief itself and the act
is notoriously offensive, the crime is offending the religious
If the offender is a private individual, the crime is feelings. Otherwise, it is only unjust vexation. (Boado, pp.
disturbance of public order under Art. 153. 398-399)
ARTICLE 132
INTERRUPTI ON OF RELIGIOUS WORSHIP ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That the offender is a public officer or employee; Elements:
2. That religious ceremonies or manifestations of any 1. That there be:
religion are about to take place or are going on; and a. Public uprising; and
3. That the offender prevents or disturbs the same. b. Taking up of arms against the government.
dogma
scoffingoratritual for the purpose
or attempting of ridicule,
to damage as mocking
an object or
of religious which seeksormerely
importance, to effect
to prevent some change
the exercise of minor
of governmental
veneration. authority with respect to particular matters or subjects.
May be committed by a public officer or a private
individual. This is the only crime in Title Two which does Note: ACTUAL CLASH with the armed forces of the
NOT require that the offender be a public officer. Government is NOT necessary to convict the accused
who is in conspiracy with others actually taking arms
Offense to feelings is judged from complainant’s point of against the Government .
view.
There must be deliberate intent to hurt the feelings of the
against the government. violence, intimidation, the accused is guilty only as a participant in the
threat, strategy or commission of Rebellion under par. 2 of Art. 135 (People
stealth directed against v. Lava, G.R. No. L-4974 to 78, May 16, 1969 ).
the government or any
military camp or Membership in a rebel organization does not automatically
installation or qualify criminal acts as absorbed in rebellion. It must be
communication conclusively demonstrated that the criminal acts were
networks, public utilities committed in furtherance of rebellion (People v.
or other facilities needed Lovedioro, G.R. No. 112235, G.R. No. 112235).
for the exercise and
continued possession of Political Crimes
power. In contrast to common crimes, are those directly aimed
against the political order, as well as such common crimes
ARTICLE 135 as may be committed to achieve a political purpose. The
PENALTY FOR REBELLION OR INSURRECTION OR decisive factor is the intent or motive.
COUP D’ETAT
Killing, robbing, etc., for private purposes or profit, without
Persons liable for rebellion, insurrection and/or coup any political motivation, would be separately punished and
d’etat : would not be absorbed in the rebellion (People vs.
A. The leaders – Geronimo, et al., 100 Phil 90 [1956]).
1. Any person who
a. Promotes; ARTICLE 136
b. Maintains; orlkjhgfx CONSPIRACY & PROPOSAL TO COMMIT
c. Heads a rebellion or insurrection; or REBELLION, INSURRECTION
2. Any person who OR COUP D’ ETAT
a. Leads;
b. Directs; or Two Crimes penalized under this article:
B. Thec.participants
Commands– others to undertake a coup d’etat; 1. Proposal
2. Conspiracy to commit
to commit rebellion; and
rebellion.
1. Any person who
a. Participates; or Conspiracy to commit rebellion
b. Executes the commands of others in rebellion, or When two or more persons come to an agreement to rise
insurrection; publicly and take arms against the Government for any of
2. Any person in the government service who the purposes of rebellion and decide to commit it.
a. Participates; or
b. Executes directions or commands of others in Proposal to commit rebellion
undertaking a coup d’etat ; When the person who has decided to rise publicly and
3. Any person not in the government service who take arms against the Government for any of the purposes
a. Participates; of rebellion proposes its execution to some other person
b. Supports; or persons.
c. Finances; This is an instance where the law punishes preparatory
d. Abets; or acts.
e. Aids in undertaking a coup d’etat .
ARTICLE 137
Who shall be
insurrection or deemed theinleader
coup d’etat case heofisthe rebellion,
unknown? DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
Any person who in fact:
1. Directed the others, Acts Punished:
2. Spoke for them, 1. Failing to resist a rebellion by all means in their power;
3. Signed receipts and other documents issued in their 2. Continuing to discharge the duties of their office under
name, or the control of the rebels;
4. Performed similar acts, on behalf of the rebels. 3. Accepting appointment to office under the rebels.
Being a mere assistant to a principal, guilty of rebellion, The offender must be a public officer or employee.
The crime presupposes the existence of rebellion by other d. To commit, for any political or social end , any act of
persons; the offender must not be in conspiracy with the hate or revenge against private persons or any social
rebels; otherwise, he himself will also be guilty of class;
rebellion. e. To despoil, for any political or social end , any person
or the government of all its property or any part
ARTICLE 138 thereof.
INCITING TO REBELLION/ INSURRECTION
Sedition cannot be committed by one person. Article 189
Elements: states “The crime of sedition is committed by persons who
1. That the offender does not take up arms or is not in rise publicly and tumultuously.” In Article 163, the word
open hostility against the Government; “tumultuous ” is given a definite meaning. It says that “the
2. That he incites others to the execution of any of the acts disturbance … shall be deemed to be tumultuous if
of rebellion; and caused by more than three persons who are armed or
3. That the inciting is done by means of speeches, provided with the means of violence.
proclamations, writings, emblems, banners or other
representations tending to the same end. Sedition Treason
In its more general In its more general
Proposal to Commit
Inciting to Rebellion sense, it is the raising of sense, it is the violation
Rebellion
commotions or by a subject of his
In both crimes, the offender induces another to disturbances in the allegiance to his
commit rebellion. State. sovereign.
The person who It is not required that the
proposes has decided to offender has decided to Sedition Rebellion
commit rebellion. commit rebellion.
In both, there must be public uprising.
The person who The act of inciting is
It is sufficient that the There must be taking up
proposes the execution done publicly.
of the crime uses secret public uprising is of arms against the
tumultuous. Government.
means.
The purpose of the The purpose is always
In both, the crime of rebellion should not be actually
offenders may be political.
committed by the persons to whom it is proposed or
political or social.
who are incited. If they commit rebellion because of
the proposal or inciting, the proponent or the one Not necessarily against Always against the
inciting may become a principal by inducement in the government. government.
the crime of rebellion.
There must be an agreement both to attain an object of Present refers to the time element. It used to be identified
sedition and to rise publicly and tumultuously. with imminent and immediate danger. The danger must
not only be probable but very likely inevitable.
ARTICLE 142
INCITING TO SEDITION Dangerous tendency rule
There is inciting to sedition when the words uttered or
Acts Punished: published could easily produce disaffection among the
1. Inciting others to commit sedition by means of people and a state of feeling in them incompatible with a
speeches, proclamations, writings, emblems, cartoons, disposition to remain loyal to the Government and
banners, or other representations tending to the same obedient to the laws. The dangerous tendency rule is
end; generally adopted in the Philippines.
2. Uttering seditious words or speeches which tend to
disturb the public peace; Reason why seditious utterances are prohibited:
3. Writing, publishing, or circulating scurrilous libels If the State were compelled to wait until the apprehended
against the Government or any of its duly constituted danger became certain, then its right to protect itself
authorities; would come into being simultaneously with the overthrow
4. Knowingly concealing such evil practices. of the Government, when there would be neither
“Knowingly concealing such evil practices” is ordinarily prosecuting officers nor courts for the enforcement of the
an act of the accessory after the fact, but under this law.
provision, the act is treated and punished as that of the
CHAPTER TWO: CRIMES AGAINST
principal. POPULAR REPRESENTATI ON
(ARTS. 143-145)
Scurrilous
Means low, vulgar, mean, or foul.
SECTION ONE: CRIMES AGAINST LEGISLATIVE
Elements of Act no. 1: BODIES AND SIMILAR BODIES
1. That the offender does not take direct part in the crime
of sedition; ARTICLE 143
2. That he incites others to the accomplishment of any of ACTS TENDING TO PREVENT THE MEETING OF THE
the acts which constitute sedition; and ASSEMBLY AND SIMILAR BODIES
3. That the inciting is done by means of speeches,
proclamations, writings , emblems, cartoons, banners, or Elements:
other representations tending to the same end. 1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
Acts nos. 2 & 3 punishable when: constitutional commissions or committees or divisions
1. They tend to disturb or obstruct any lawful officer in thereof, or of any provincial board or city or municipal
executing the functions of his office; council or board;
2. for
They tend topurposes;
unlawful instigate others to cabal and meet together 2. such
That meeting
the offender, whoormay
by force fraud.be any person, prevents
3. They suggest or incite rebellious conspiracies or riots;
or Force referred to here is one that produces an injury on
4. They lead or tend to stir up the people against the lawful the person of another, and fraud involves falsification.
authorities or disturb the peace of the community, and Thus, physical injuries and falsification will be complexed
the safety and order of the Government. as a necessary means to commit this crime.
ARTICLE 147
Requisites: ILLEGAL ASSOCIATION S
a. That there is a meeting, gathering or group of
persons, whether in a fixed place or moving; Prohibited associations :
b. That the meeting is attended by armed persons; and Associations totally or partially organized for:
c. That the purpose of the meeting is to commit any of 1. The purpose of committing any of the crimes punishable
the crimes punishable under the RPC. under the RPC, or
2. Some purpose contrary to public morals.
Not all the persons present at the meeting of the first
form of illegal assembly must be armed. It is sufficient Public morals – refer to matters which affect the interest
that at least 2 persons are armed. of society and public convenience and is not limited to
good customs.
If none of the persons present in the meeting are
armed, there is no crime of Illegal Assembly. Persons liable:
1. Founders, directors, and president of the association.
2. Any meeting in which the audience, whether armed or 2. Members of the association.
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a Illegal Assembly Illegal Association
person in authority or his agent.
It is necessary that there It is not necessary that
Requisites: is an actual meeting or there is an actual
a. That there is a meeting, a gathering or group of assembly of armed meeting.
persons, whether in a fixed place or moving; and persons for the purpose
b. That the audience, whether armed or not, is incited specified in Art. 146.
to the commission of the crime of treason, rebellion
It is the meeting and It is the act of forming or
or insurrection, sedition or direct assault.
attendance at such organizing and
It is necessary that the audience is actually incited. If in meeting that are membership in the
punished. association that are
the meeting the audience is incited to the commission of
punished.
rebellion or sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards the organizers or leaders or The persons liable are: The persons liable are:
persons merely present and INCITING TO REBELLION 1. The organizers or 1. The founders,
OR SEDITION insofar as the one inciting them is leaders of the directors and
concerned. meetings; and president; and
2. The persons 2. The members.
Persons liable in illegal assemblies: present at the
1. The organizers or leaders of the meeting; meeting.
2. Persons merely present at the meeting.
Organized for temporary More or less of some
purposes. duration and existence.
Presumptions:
If any person carries an unlicensed firearm , it is presumed Held in connection with Even acts contrary to
that: crimes punishable under public morals are
1. The purpose of the meeting insofar as he is concerned the RPC. included, thus may
is toiscommit
2. He acts apunishable
considered leader or under the RPC;
organizer of theand
meeting. include crimes
punishable by special
The law does NOT distinguish whether or not the laws.
firearms are licensed or unlicensed. It only gives a
presumption if the firearm used is unlicensed.
Public Officer Person in Agent of a Offended party need NOT BE a person in authority or
Person in his agent , he may be a private individual if the object is
(PO) Authority (PA) to attain an object of sedition.
Authority (APA)
Any person Any person Any person who, 2. Without public uprising , by attacking, by employing
who takes part directly vested by direct force or seriously intimidating or by seriously resisting
in the with jurisdiction, provision of law any person in authority (PA) or any of his agents (APA),
performance whether as an or by election or while engaged in the performance of official duties, or
of public individual or as a by appointment on the occasion of such performance.
functions in member of some by competent
the court or authority, is Elements:
government. governmental charged with the a. That the offender:
corporation, maintenance of i. Makes an attack – includes any offensive or
board or public order and antagonistic movement or action of any kind
commission. the protection (equivalent to aggression),
and security of ii.Employs force:
life and property. If the offended part is only an agent of a person in
A barangay chairman shall be deemed a PA. However, it is important to determine whether the
victim is a PA or APA.
A barrio councilman, barrio policeman and barangay Where the force employed on the agent of a person
leader shall be deemed an APA. in authority is of a serious character, including
determination to defy the law and its
Teachers, professors, and persons in charge with the representative, the crime committed is direct
supervision of public or duly recognized private schools, assault.
colleges and universities, and lawyers in the actual
performance of their professional duties or on the If the victim is a PA, the degree of force employed
occasion of such performance shall be deemed persons in against him is immaterial as the mere laying of
authority, in applying Arts. 148 and 151. hands on him is sufficient (U.S. vs Gumban, G.R.
No. L-13658, November 9, 1918).
“Directly vested with jurisdiction”
Means(Reyes
laws. the power orp.authority
2008., 137) to govern and execute the If the victim employed
resistance is an APA, by
the the
violence, intimidation,
offender must beor
serious (U.S. vs Tabiana, G.R. No. L-11847
ARTICLE 148 February 1, 1918).
DIRECT ASSAULT
iii. Makes a serious intimidation (unlawful coercion,
Two ways to commit: duress, putting someone in fear, exertion of an
1. Without public uprising , by employing force or influence in the mind which must be both
intimidation for the attainment of any of the purposes immediate and serious); or
TwoSimple
1. kindsassault
of direct assault of the second form: Elements:
1. That an APA is the victim of any of the forms of direct
2. Qualified assault assault defined in Art. 148;
2. That a person comes to the aid of the APA;
Direct assault is qualified when: 3. That the offender makes use of force or intimidation
1. Committed with a weapon; or upon such person coming to the aid of the APA.
2. Offender is a public officer or employee; or
3. Offender lays hands upon a person in authority. Indirect assault can be committed only when a direct
assault is also committed.
Knowledge of the accused that the victim is a PA or
APA is essential. The offended party in indirect assault may be a private
person.
Evidence of motive of the offender is important when
the person in authority or his agent who is attacked or Under Art. 149, it was formerly required that (a) direct
seriously intimidated is not in the actual performance of assault is being committed against a PA or an APA; and
his official duty. (b) a third party comes to the aid of the victim by virtue of
the latter’s order or request (U.S. v. Fortaleza, 12 Phil.
Even
by when PA
accused or APA agrees
constitutes to fight, an
Direct Assault, attackwhen
except madethe 472).1978,
R.A. However, because
a private of thecoming
individual amendment
to the of Art.a PA
aid of 152isby
attack is made in lawful defense; the character of a himself deemed an APA. Thus, the rules should be:
person in authority or his agent is not laid off at will but a. If the victim is a PA who is the subject of a Direct
attaches to him until he ceases to be in office. Assault, and the 3rd person coming to his aid (who
then becomes an APA) is likewise attacked, the crime
If Direct Assault is committed and as a result the PA or committed against the 3 rd person will be Direct
APA is killed, the crime shall be the complex crime of Assault, resistance or disobedience depending on the
Direct Assault with Homicide or Murder, as the case degree of force or violence used by the offender.
may be. b. If the victim is an APA, it depends: if Direct Assault is
being committed against the APA, the attack against The accused must have knowledge that the person giving
the 3 rd person will constitute Indirect Assault; if only the order is a peace officer.
resistance or disobedience is being committed against
the agent, the attack against the 3 rd person is either Direct Assault Resistance
physical injuries or coercion as the case may be
(Regalado p. 416-417). The PA or APA must be Only in actual
engaged in the performance of duties.
performance of official
ARTICLE 150 duties or that he is
DISOBEDIEN CE TO SUMMONS ISSUED BY THE assaulted by reason
The testimony of a person summoned must be upon In the crime of resistance and disobedience the offender
matters into which the legislature has jurisdiction to must have knowledge that the person arresting is a PA or
inquire. APA.
It is tumultuous if caused by more than three persons who Note: Actual public disorder or actual damage to the
are armed or provided with the means of violence.
However, this is only a presumption juris tantum, hence if credit
of of thesuch
causing State is not necessary.
damage The mere possibility
is sufficient.
the disturbance is in fact tumultuous it is immaterial that
there are no such armed persons. Conversely if the R.A. No. 248 prohibits the reprinting, reproduction or
gathering is not in fact tumultuous, it does not matter if republication of government publications and official
there are such armed persons present on that occasion. documents without previous authority.
If the act of disturbing or interrupting a meeting or religious If the printer/owner of the printing establishment took
ceremony is not committed by public officers, or if part in the preparation and publication of the libelous
committed by public officers they are participants therein, writings he shall be liable under Art. 360 .
ARTICLE 156
If the publication is both obscene and anonymous, the DELIVERIN G PRISONERS FROM JAIL
offenses cannot be complexed as they involve different
acts separately punished under this Article and Art. 201 Elements:
on obscene publications. 1. That there is a person confined in a jail or penal
establishment;
ARTICLE 155 2. That the offender removes therefrom such person, or
ALARMS & SCANDALS helps the escape of such person.
3. Disturbing the public peace while wandering about at If the delivery of the prisoner was committed through
night or while engaged in any other nocturnal bribery:
amusements. a. The BRIBER commits corruption of a public officer
Violation of conditional pardon is a distinct crime. (This TITLE FOUR : CRIMES AGAINST
is according to Reyes);
PUBLIC INTEREST
CHAPTER SEVEN: COMMISSION OF
According to Regalado, however, there are actually ANOTHER CRIME DURING SERVICE OF
two views: PENALTY IMPOSED FOR ANOTHER
a. One is expressed in People v. Jose (75 Phil. 612) PREVIOUS OFFENSE
which states that it is not a distinct crime, since the
penalty is only the recommitment of the convict to
serve the portion of the sentence remitted by the ARTICLE 160
pardon; hence it is only a continuation of the srcinal COMMISSION OF ANOTHER CRIME DURING THE
case. SERVICE OF PENALTY IMPOSED FOR ANOTHER
b. The other view which is the more logical one is PREVIOUS OFFENSE (QUASI-RECIDIVISM)
expressed in People v. Martin (68 Phil. 122) which
states that since the code imposes a specific penalty Elements:
of prision correccional in its minimum period if the 1. That the offender was already convicted by final
unserved portion is less than six years, it is therefore judgment of one offense;
a distinct crime. 2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
A conditional pardon is a contract between the Chief
Executive who grants the pardon and the convict who A quasi-recidivist can be pardoned:
accepts it. 1. At the age of 70, if he shall have already served out his
srcinal sentence (and not a habitual criminal); or
Offender can be arrested and reincarcerated without 2. When he shall have completed it after reaching the
trial – in accordance with Sec. 64(I) of the Revised said age, unless by reason of his conduct or other
Administrative Code. circumstances, he shall not be worthy of such
clemency.
The condition
should imposed
not commit anotherupon theextends
crime, prisoner that he
to offenses In reiteracion, the offender against whom it is
punishable by special laws. considered shall already have served out his sentence
for the prior offenses.
Offender must be found guilty of the subsequent
offense before he can be prosecuted under Art 159. Quasi-recidivism is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by ordinary
The court cannot require the convict to serve the mitigating circumstances.
unexpired portion of the srcinal sentence if it does not
exceed six years, the remedy is left to the President First crime for which the offender is serving sentence
who has the authority to recommit him to serve the need not be a felony; but the second crime must be a
unexpired portion of his srcinal sentence. felony.
The period when convict was at liberty is not deducted The word ‘another’ in Article 160 does not mean that
in case he is recommitted. the new felony which is committed by a person already
serving sentence is different from the crime for which
Violation of Evasion of Service of he is serving sentence.
Conditional Pardon Sentence Only considered as final judgment when the accused
Infringes the terms of the Defeats the purpose of does not appeal anymore.
contract. the law.
Does not affect public Disturbs public order. Quasi-recidivism does not require that the offense for
order. which the convict is serving and the new felony
committed be embraced in the same title of the RPC.
While in recidivism, both the first and the second
offenses must be embraced in the same title of the
RPC.
The possession prohibited in Art. 165 is possession in The Code punishes forging or falsification of bank notes
general, that is, not only actual, physical possession but and of documents of credit payable to bearer and
also constructive
thing possession
to one’s control, or offenders
otherwise the subjection
could of the
easily issuedbecause
coins by the State moretends
the first severely thansuch
to bring counterfeiting
documentsof
evade the law by the mere expedient of placing other into discredit and produces a lack of confidence on the
persons in actual, physical possession of the thing part of the holders of the said documents to the
although retaining constructive possession or actual prejudice of the interests of the society and the State.
control thereof (People vs. Andrada, 11 C.A. Rep. 147). Moreover, it is easier to forge or falsify such certific ates,
notes, etc. and the profit derived therefrom is greater
Actually uttering false or mutilated coin, knowing it to be and the incentive for its commission is more powerful.
false or mutilated, is a crime under Art. 165, even if the (U.S. vs. Gardner 3 Phil 403)
offender was not in connivance with the counterfeiter or
mutilator. The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
SECTION THREE: FORGING TREASURY OR BANK falsification of commercial documents under Art 172 in
NOTES, OBLIGATIONS AND SECURITIES; connection with Art. 171 of the Code.
IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIE S ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
ARTICLE
FORGING TREASURY 166NOTES OR OTHER
OR BANK INSTRUMENTS
PAYABLE NOT
TO BEARER
DOCUMENTS PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME Elements:
1. That there be an instrument payable to order or other
Acts punished: document of credit NOT payable to bearer;
1. Forging or falsification of treasury or bank notes or other 2. That the offender either forged, imported or uttered
documents payable to bearer; such instrument; and
3. That in case of uttering, he connived with the importer
or forger.
2. the client is not properly identi fied; n. Felonies or offenses of a similar nature that are
3. the amount involved is not commensurate with the punishable under the penal laws of other countries
business or financial capacity of the client; (Sec 3).
4. taking into account all known circumstances, it may be
perceived that the client's transaction is structured in SECTION FOUR: FALSIFICATION OF LEGISLATIVE,
order to avoid being the subject of reporting PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS
requirements under the Act; AND WIRELESS, TELEGRAPH AND TELEPHONE
5. any circumstances relating to the transaction which is MESSAGES
observed to deviate from the profile of the client and/or
the client's past transactions with the covered ARTICLE 170
institution; FALSIFICA TION OF LEGISLATIVE DOCUMENTS
6. the transactions is in a way related to an unlawful
activity or offense under this Act that is about to be, is Elements:
being or has been committed; or 1. That there be a bill, resolution or ordinance enacted or
7. any transactions that is similar or analogous to any of approved or pending approval by either House of the
the foregoing (Sec 2). Legislature or any provincial board or municipal council;
2. The offender alters the same;
Unlawful activit y refers to any act or omission or series 3. That he has no proper authority therefor; and
or combination thereof involving or having direct 4. That alteration changed the meaning of the document.
relation to following:
a. Kidnapping for ransom under Article 267 of Act No. The bill, resolution, or ordinance must be genuine.
3815, otherwise known as the Revised Penal Code,
as amended; Offender may be private individual or a public officer.
b. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of
Republic Act No. 9165, otherwise known as the The act of falsification is limited to altering that which
Comprehensive Dangerous Act of 2002; changes its meaning. Hence, other acts of falsification,
c. Section 3 paragraphs B, C, E, G, H and I of republic even in legislative documents, are punished either in
Act No. 3019, as amended, otherwise known as the Art. 171 or under Art. 172 .
Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as amended; R.A. 248 prohibits the reprinting, reproduction or
e. Robbery and extortion under Articles 294, 295, 296, republication of government publications and official
299, 300, 301 and 302 of the Revised Penal Code, documents without previous authority.
as amended;
f. Jueteng and Masiao punished as illegal gambling ARTICLE 171
under Presidential Decree No. 1602; FALSIFICATI ON BY PUBLIC OFFICER, EMPLOYEE OR
g. Piracy on the high seas under the Revised Penal NOTARY OR ECCLESIASTICAL MINISTER
Code, as amended and Presidential under the
Revised Penal Code, as amended and Presidential Elements:
Decree No. 532; 1. That the offender is a public officer, employee or notary
h. Qualified theft under Article 310 of the Revised public or ecclesiastical minister;
Penal Code, as amended;
i. Swindling under Article 315 of the Revised The ecclesiastical minister is liable under this article if
PenalCode, as amended; he shall commit any of the acts of falsification with
j. Smuggling under Republic Act Nos. 455 and 1937; respect to any record or document of such character
k. Violations
known as under RepublicCommerce
the Electronic Act No. 8792,
Act ofotherwise
2000; that its falsification may affect the civil status of persons.
l. Hijacking and other violations under Republic Act 2. That he takes advantage of his official position when:
No. 6235; destructive arson and murder, as defined a. He has the duty to make or prepare or otherwise
under the Revised Penal Code, as amended, intervene in the preparation of the document;
including those perpetrated by terrorists against b. He has the official custody of the document which he
non-combatant persons and similar targets; falsifies.
m. Fraudulent practices and other violations under If he did not take advantage of his official position, he
Republic Act No. 8799, otherwise known as the would be guilty of falsification of public document by a
Securities Regulati on Code of 2000; private individual under Art. 172.
the forged bear some resemblance to each other. There must be narration of facts, not a conclusion of
law.
Counterfeiting
Imitating any handwriting, signature or rubric Legal obligation means that there is a law requiring the
disclosure of the facts narrated.
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of one The facts must be absolutely false. The crime of
which does not in fact exist falsification is not violated if there is some colorable
truth in the statements of the accused.
If there is no attempt whatsoever by the accused to
imitate the signatures of the other person so that they Wrongful intent not essential when the document
are entirely unlike the genuine signature, the accused falsified is public document.
may be found guilty under the second mode of falsifying
a document. If the narration of facts is contained in an affidavit or a
statement required by law to be sworn to, the crime
B. Causing it to appear that persons have participated committed is perjury.
in an act or proceeding when they did not in fact so
participate. Thethe
of person
falsitymaking
of thethe narration
facts of facts
narrated must(Reyes,
by him be awarep.
Requisites: 225).
1. That the offender caused it to appear in a document
that a person or persons participated in an act or E.Altering true dates.
proceeding; and Date must be essential.
2. That such persons did not in fact so participate in the
act or proceeding. The alteration of the date or dates in a document must
The imitation of the signature of the offended party is affect either the veracity of the document or the effects
not necessary in this mode of falsification. thereof.
FALSIFICATION BY PRIVATE
OF FALSIFIED INDIVIDUALS AND USE
DOCUMENTS Damage need not be material, damage to one’s honor is
included.
because in thisantype
of falsification, act c. prejudice
That the use
of aof theparty,
third falsified
or dispatch resulted
that the use in the
thereof was
independent of with the intent to cause such prejudice.
falsification is
required to show Act No. 1851, Sec. 4, punishes private individuals who
intent to defraud forge or alter telegram.
FALSIFICATION
SECTION FIVE: FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT OR ARTICLE 176
SERVICE AND THE LIKE MANUFACTURI NG AND POSSESSION OF
INSTRUMENT S AND IMPLEMENTS FOR
ARTICLE 174 FALSIFICATION
FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICA TES OF MERIT OR SERVICE Acts punished:
1. Making or introducing into the Philippines any stamps,
Persons liable: dies, marks, or other instruments or implements for
1. Physician or surgeon who, in connection with the counterfeiting or falsification;
practice of his profession, issued a false certificate; The 2. Possessing with intent to use the instruments or
crime is False Medical Certificate by a physician. implements for counterfeiting or falsification made in or
Public officer who issued a false certificate of merit or introduced into the Philippines by another person.
service, good conduct or similar circumstances;
2. The crime is False Certificate of Merit or Service by a It is not necessary that the implements confiscated form a
public officer. complete set for counterfeiting, it being enough that they
3. Private individual who falsified a certificate falling in the may be employed by themselves or together with other
classes mentioned in Nos. 1 and 2. implements to commit the crime of counterfeiting or
falsification.
The crime is False Medical Certificate by a private
individual or False Certificate of Merit or Service by a Arts. 165 and 176 punish not only actual, physical
private individual. possession, but also constructive possession or the
subjection of the thing to one’s control.
Certificate
Is any writing by which testimony is given that a fact has CHAPTER TWO: OTHER FALSITIES
or has not taken place. (ARTS. 177- 184)
The phrase “or similar circumstanc es” in Art. 174 does not SECTION ONE: USURPATION OF AUTHORITY, RANK,
seem to cover property, because the circumstance TITLE AND IMPROPER USE OF NAMES, UNIFORMS
contemplated must be similar to “merit,” “service,” or AND INSIGNIA
“good conduct.”
ARTICLE 177
ARTICLE 175 USURPATION OF AUTHORITY
USING FALSE CERTIFICATES OR OFFICIAL FUNCTIONS
in a judicial
false proceeding,
document in judicialArt. 175 will apply.
proceeding under The
Art use
172 ofis Note: In usurpation
knowingly and falsely ofrepresenting
authority, the mere
oneself to act of
be an
limited to those false documents mentioned in Arts. 171 officer, etc. is sufficient. It is not necessary that he
and 172. performs an act pertaining to a public officer.
2. By performing any act pertaining to a person in
authority or public officer of the Government under the
pretense of official position and without authority.
SECTION SIX: MANUFACTURING, IMPORTING AND Note: In usurpation of official functions, it is essential
POSSESSION OF INSTRUMENTS OR IMPLEMENTS that the offender should have performed an act
INTENDED FOR THE COMMISSION OF pertaining to a person in authority or public officer, in
It does not apply to an occupant under color of title. Using Usurpa- Estafa Using
Republic Act No. 75 provides penalty for usurping Fictitious tion of (par. Fictitious
authority of diplomatic, consular or other official of a Name (Art. Civil 2a, Art. Name Under
foreign government in addition to the penalty imposed 178) Status 315) P.D. 1829
by the RPC. (Art. 348)
Purpose of Purpose Purpose Purpose of
There must be a positive, express, and explicit the offender is to enjoy is to publicly using a
representation on the part of the offender. is to (a) the rights defraud fictitious name
conceal a arising third is to conceal a
The acts performed must pertain to: crime; (b) from the persons crime, evade
1. The Government evade the civil status prosecution or
2. To any person in authority execution of of the the execution
3. To any public officer a judgment; person of a judgment
or (c) to imperson- or concealing
ARTICLE 178 cause ated. his true name
USING FICTITIOUS NAME AND damage to and other
authority therefor in proceedings like those legally any naval, military, police or other official uniform,
provided to obtain judicial authority for a change of name. decoration or regalia of a foreign State or one nearly
resembling the same, with intent to deceive or mislead.
No person shall be allowed to secure such judicial
authority for more than one alias. Executive Order No. 297 punishes the illegal manufacture,
sale, distribution and use of PNP uniforms, insignias and
The petition for an alias shall set forth: other accoutrements.
1. The person’s baptismal and family name and the name
recorded in the civil registry, if different, his immigrant’s SECTION TWO: FALSE TESTIMONY
name, if an alien, and his pseudonym, if he has such
names other than his srcinal or real name, False testimony
2. The reason or reasons for the use of the desired alias. It is committed by any person who, being under oath, and
required to testify as to the truth of a certain matter at a
The judicial authority for the use of alias, the Christian hearing before a competent authority, shall deny the truth
name and the alien’s immigrant name shall be recorded or say something contrary to it.
in the proper local civil registry , and no person shall use
any name or names other than his srcinal or real name Three forms of false testimony
unless the same is or are duly recorded in the proper 1. False Testimony in Criminal Cases (Arts. 180-181)
local civil registry. 2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183)
No person having been baptized with a name different
from that with which he was registered at birth in a local ARTICLE 180
civil registry, or in case of an alien, registered in the FALSE TESTIMONY AGAINST A DEFENDANT
Bureau of Immigration upon entry, or any person who
obtained judicial authority to use an alias, or who uses a Elements:
pseudonym, shall represent himself in any public or 1. That there be a criminal proceeding;
private transaction or shall sign or execute any public or 2. That the offender testifies falsely under oath against the
private name
srcinal document
and without stating
all names or affixing
or aliases his real or
or pseudonym 3. defendant therein; who gives false testimony knows that
That the offender
he is or may have been authorized to use. it is false;
Good faith is a defense
ARTICLE 179 4. That the defendant against whom the false testimony
ILLEGAL USE OF UNIFORMS OR INSIGNIA is given is either acquitted or convicted in a final
judgment.
Elements:
1. That the offender makes use of insignia, uniform or Penalty depends upon the sentence of the defendant
dress; against whom false testimony was given.
2. That the insignia, uniform or dress pertains to an office
not held by the offender or to a class of persons of Defendant must be sentenced to at least a correctional
which he is not a member; and penalty or a fine, or must be acquitted.
3. That said insignia, uniform or dress is used publicly and
improperly. The offender is liable even if his testimony was not
considered by court. The law intends to punish the mere
Wearing the uniform of an imaginary office is NOT giving of false testimony.
punishable. The office must actually exist. The testimony must be complete.
An EXACT IMITATION of a uniform or dress is
UNNECESSARY. Art. 180 applies to Special Penal Laws because Special
Penal Laws follow the nomenclature of the RPC.
Republic Act No. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of the Armed ARTICLE 181
Forces of the Philippines or Constabulary. FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT
Republic Act No. 75 punishes the unauthorized wearing of
The false testimony in favor of the defendant need not ARTICLE 183
directly influence the decision of the acquittal and it need PERJURY
not benefit the defendant.
Two ways of committing perjury:
Conviction or acquittal of defendant in principal case is not 1. By falsely testifying under oath;
necessary. 2. By making a false affidavit .
False testimony is punished not because of the effect it Falsely testifying under oath must NOT be in a judicial
actually produces but because of its tendency to favor or proceeding.
to prejudice the defendant.
Testimony must be complete.
A defendant who falsely testifies in his own behalf in a
criminal case can only be guilty of Art. 181 when he Elements:
voluntarily goes upon the witness stand and falsely 1. That the accused made a statement under oath or
imputes to some other person the commission of a grave executed an affidavit upon a material matter;
offense. If he merely denies the commission of the crime 2. That the statement or affidavit was made before a
or his participation therein, he should not be prosecuted competent officer authorized to receive and administer
for false testimony (U.S. vs. Soliman, G.R. No. L-11555 , oath;
January 6, 1917). 3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
Testimony must be complete. Rectification made 4. That the sworn statement or affidavit containing the
spontaneously after realizing the mistake is not false falsity is required by law.
testimony.
Note: However, in People v. Angangco (G.R. No. L-
ARTICLE 182 47693, Oct.12, 1943 ), the SC held that the statement
FALSE TESTIMONY IN need not be required but that it was sufficient if it was
CIVIL CASES AUTHORIZED by law to be made.
2. testimony;
That he knew the wit ness or testimony was false; and Consummated by mere attempt.
3. That the offer was made in a judicial or official
proceeding.
The person liable is the: Art. 187 does not apply to the manufacturer of misbranded
a. Manufacturer, articles. The manufacturer is liable for Estafa under Art.
b. Producer, 315 subdivision 2(b) of the RPC.
c. Processor, or
d. Importer of any merchandise or object of commerce. Note: Arts. 188 and 189 have been REPEALED by the
association,
are thethey
liable when president and directors
(1) knowingly permittedorormanagers
(2) failed systematic
the knowledge
application for the manufacture
of a process, or rendering ofof aa product,
service
to prevent the commission of such offenses. including management contracts; and the transfer,
assignment or licensing of all forms of intellectual property
rights, including licensing of computer software except
SECTION TWO: FRAUDS IN COMMERCE AND computer software developed for mass market.
INDUSTRY
ARTICLE 187 Criminal action for repetition of infringement
IMPORTATION AND DISPOSITION OF FALSELY If infringement is repeated by the infringer or by anyone in
MARKED ARTICLES OR MERCHANDISE MADE OF connivance with him after finality of the judgment of the
court against the infringer, the offenders shall, without or manufactured and the damage that the copyright owner
prejudice to the institution of a civil action for damages, be has suffered by reason of the infringement.
criminally liable therefor.
Any person who at the time when copyright subsists in a
The making, using, offering for sale, selling, or importing a work has in his possession an article which he knows, or
patented product or a product obtained directly or ought to know, to be an infringing copy of the work for the
indirectly from a patented process, or the use of a purpose of:
patented process without the authorization of the patentee a. Selling, letting for hire, or by way of trade offering or
constitutes patent infringement. exposing for sale, or hire, the article;
b. Distributing the article for purpose of trade, or for any
Remedies for infringement other purpose to an extent that will prejudice the rights
Any person infringing a right protected under this law shall of the copyright owner in the work; or
be liable: c. Trade exhibit of the article in public, shall be guilty of an
1. To an injunction restraining such infringement. The offense and shall be liable on conviction to
court may also order the defendant to desist from an imprisonment and fine as above mentioned ( Sec. 29,
infringement, among others, to prevent the entry into P.D. No. 49a).
the channels of commerce of imported goods that
involve an infringement, immediately after customs Unfair competition:
clearance of such goods. 1. Any person, who is selling his goods and gives them the
2. Pay to the copyright proprietor or his assigns or heirs general appearance of goods of another manufacturer
such actual damages, including legal costs and other or dealer, either as to the goods themselves or in the
expenses, as he may have incurred due to the wrapping of the packages in which they are contained,
infringement as well as the profits the infringer may or the devices or words thereon, or in any other feature
have made due to such infringement, and in proving of their appearance, which would be likely to influence
profits the plaintiff shall be required to prove sales only purchasers to believe that the goods offered are those
and the defendant shall be required to prove every of a manufacturer or dealer, other than the actual
element of cost which he claims, or, in lieu of actual manufacturer or dealer, or who otherwise clothes the
damages
shall andtoprofits,
appear be justsuch
anddamages
shall notwhich to the court
be regarded as goodsdefraud
and with such appearance
another of his aslegitimate
shall deceive theor public
trade, any
penalty. subsequent vendor of such goods or any agent of any
3. Deliver under oath, for impounding during the pendency vendor engaged in selling such goods with a like
of the action, upon such terms and conditions as the purpose;
court may prescribe, sales invoices and other 2. Any person who by any artifice, or device, or who
documents evidencing sales, all articles and their employs any other means calculated to induce the false
packaging alleged to infringe a copyright and belief that such person is offering the services of
implements for making them. another who has identified such services in the mind of
4. Deliver under oath for destruction without any the public; or
compensation all infringing copies or devices, as well as 3. Any person who shall make any false statement in the
all plates, molds, or other means for making such course of trade or who shall commit any other act
infringing copies as the court may order. contrary to good faith of a nature calculated to discredit
5. Such other terms and conditions, includi ng the payment the goods, business or services of another ( Sec. 168.3,
of moral and exemplary damages, which the court may Intellectual Property Code).
deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of False Designations of Origin; False Description or
Convention
PsychotropicAgainst Illicit Traffic in Narcotic Drugs and
Substances. Instruments
All (Sec.
proceeds and 20)
properties derived from the unlawful acts
under this Act shall be confiscated and forfeited in favor of
the State.
Dangerous Drugs (DD) Dangerous Drugs Test and Record Requirement
Include those listed in the Schedules annexed to the 1961 (Article III)
Single Convention on Narcotic Drugs, as amended by the The following shall be subjected to undergo drug testing:
1972 Protocol, and in the Schedules annexed to the 1971 1. Applicants for driver’s license.
Single Convention on Psychotropic Substances. 2. Applicants for firearm’s license and for permit to carry
firearms outside of residence.
All persons who by the nature of their profession carry established. What the law proscribes is not only the act
firearms shall undergo drug testing. of selling but also the act of delivering. What is
3. Students of secondary and tertiary schools. important is that the poseur-buyer received the drugs
4. Officers and employees of public and private offices from the accused ( People v. Ponferada, G.R. No.
(whether domestic or overseas). 101004, March 17, 1993 ).
Shall be subjected to undergo a random drug test. Any
officer or employee found positive of use of dangerous The following elements must concur:
drugs shall be dealt with administratively which shall a. The identity of the buyer and the seller, the object
be a ground for suspension or termination subject to and the consideration of the sale; and
the provisions of Art. 282 of the Labor Code and b. The delivery of the thing sold and the payment
pertinent provisions of the Civil Service Law. therefor (People v. Villahermosa, G.R. No. 186465,
5. Officers and members of the military, police and other June 2, 2011).
law enforcement agencies shall undergo an annual
mandatory drug test. "Delivery " necessarily involves the knowledge on
6. All candidates for public office whether appointed or the part of the one delivering that what he is
elected both in the national or local government shall delivering is DD. If there is no evidence to show
undergo a mandatory drug test. this knowledge, accused will be acquitted (Boado,
p. 525). “Deliver” under RA 9165 is defined as
Note: The Court has held that the testing requirement as “knowingly passing a dangerous drug to another,
to national officials whose qualifications have been personally or otherwise, and by any means, with or
expressly set in the Constitution, such as the President, without consideration” (People v. Jumao-as, G.R.
Vice President, Senators and Congressmen, is No. 101334, February 14, 1994).
unconstitutional . Where the Constitution has expressly set
out the qualifications, these are exclusive and may not be 3. Maintenance of a den, dive or resort. (Section 6)
broadened nor circumscribed by legislative fia. (SJS v. 4. Employment in and visiting a den, dive or resort
DDB and PDEA, G.R. No. 157870, November 3, 2008). (Section 7).
The testing
charged requirement
before is no longer
the prosecutor’s office.required for held
The Court those The violator
such, and in must
case be aware
of the of the
visitor, henature of theknowingly
must also place as
that such testing is unconstitutional as it effectively singles visit the same.
out its subject and seeks to violate his rights against self-
incrimination and privacy. A person accused of an offense 5. Manufacture of dangerous drugs and/or controlled
does not consent to such testing and neither does he precursors and essential chemicals (Section 8).
waive his right to privacy simply by being a person 6. Illegal chemical diversion of controlled precursors and
accused of a crime (SJS v. DDB and PDEA, G.R. No. essential chemicals (Section 9).
157870, November 3, 2008). 7. Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
Those found to be positive for dangerous drugs shall be and/or controlled precursors essential chemicals (Sec.
subjected to the provisions of Sec. 15 (Use of Dangerous 10).
Drugs), which involves rehabilitation for a minimum period 8. Possession of dangerous drugs (Sec. 11).
of 6 months for the first offense, or imprisonment of 6 to Elements
12 years for the second offense. a. Unauthorized;
b. Either actual or constructive;
Acts Punished: c. Irrespective of its quantity; and
(For
1. table of actsofpunished
Importation see Annex
dangerous drugs J)and/or controlled d. what
With intent to possess was
was possessed or with
anyfullofknowledge that
the prohibited
precursors and essential chemicals (Section 4). drugs.
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs 9. Possession of equipment, instrument, apparatus and
and/or controlled precursors and essential chemicals other paraphernalia for dangerous drugs (Sec. 12).
(Section 5).
The possession of such equipment, instrument,
In order to sustain a conviction for selling prohibited apparatus and other paraphernalia fit or intended for
drugs, the element of sale must be unequivocally any of the purposes enumerated in the preceding
paragraph shall be prima facieevidence that the properties obtained from the unlawful act (Sec. 27).
possessor has smoked, consumed, administered to 2. Benefitting from the proceeds of trafficking of
himself/hersel f, injected, ingested or used a dangerous dangerous drugs (Sec. 27).
drug and shall be presumed to have violated Section 3. Receiving financial/material contributions from persons
15 of this Act (Sec. 12). found guilty of trafficking dangerous drugs (Sec. 27).
The person liable under Sec. 27 is a public officer or
10. Possession of dangerous drugs during parties, social employee.
gatherings or meetings or in the proximate company
of at least 2 persons (Sec. 13). 4. Planting of dangerous drugs, controlled precursors or
11. Possession of equipment, instrument, apparatus and essential chemicals as evidence (Sec. 29).
other paraphernalia for dangerous drugs during 5. Consenting or knowingly tolerating any violation of RA
parties, social gatherings or meetings or in the 9165 in the case of a partner, president, director,
proximate company of at least 2 persons (Sec. 14). manager, trustee, estate administrator, or officer of a
12. Use of dangerous drugs (Sec. 15). partnership, corporation, association or any juridical
This Section shall not be applicable where the person entity (Sec. 30).
tested is also found to have in his/her possession 6. Knowingly consenting to, tolerating, or authorizing the
such quantity of any dangerous drug provided for use of a vehicle, vessel, aircraft, equipment or other
under Sec. 11 of this Act, in which case the facility, as an instrument in the importation, sale,
provisions stated therein shall apply (Sec. 15). trading, administration, dispensation, delivery,
distribution, transportation or manufacture of
13. Cultivation or culture of plants classified as dangerous drugs, or chemical diversion if the same are
dangerous drugs or are sources thereof (Sec. 16). owned by or under the control or supervision of the
14. Failure to maintain and keep records of transactions officers of juridical entities (Sec. 30).
on dangerous drugs and/or controlled precursors and 7. Violating any rule or regulation issued by the DDB
essential chemicals (Sec. 17). pursuant to RA 9165 (Sec. 32).
15. Unnecessary prescription of dangerous drugs (Sec. 8. Issuance of a false or fraudulent dangerous drug test
18). result (Sec. 37).
3. to
Anbe
offender who is tested
in possession of any positive
quantityfor
of use and is found
dangerous drugs sign the copies of the inventory and be given a copy
thereof.
shall be punished for possession only (Section 115 in 2. Submit the article within 24 hours to the PDEA Forensic
relation to Section 15). Laboratory for a qualitative and quantitative
examination.
Other Acts Punished Under RA 9165 3. Certification of the results of the laboratory examination
1. Misappropriation, misapplication or failure to account within 24 hours from the receipt of the subject items.
seized, confiscated or surrendered DD, CP/EC and When the volume of the subject does not allow the
plants which are sources of DD, instruments, completion of the examination within 24 hours, a
paraphernalia or lab equipment, including proceeds/ partial laboratory report shall be issued, with a final
person
the datewho
andheld
timetemporary custody
when such of of
transfer thecustody
seized item,
were Any organized
forming group
or joining of twowith
together (2) the
or more persons
intention of
made in the course of safekeeping and use in court as committing any offense prescribed under this Act.
evidence, and the final disposition (Sec. 1(b) of the
Dangerous Drugs Board Resolution No. 1, Series of 2002, 3. He willingly testifi es against any of the individuals; and
implementing RA 9165). 4. His information and testimony has complied with the
following:
Note: Non-compliance with the procedure outlined in a. It is necessary for the conviction of the above
Section 21(a), of Republic Act No. 9165, shall not render persons;
void and invalid such seizures of and custody over said b. It is not yet in the possession of the State;
items, for as long as the integrity and evidentiary value of c. It can be substantially corroborated in his material
the seized items are properly preserved by the points;
apprehending officers ( People v. Lopez, GR No. 181747, d. The witness has not been convicted of a crime
September 29, 2008 ). involving moral turpitude except when there is no
other direct evidence available for his prosecution
Attempt or Conspiracy to commit the following other than the testimony of the witness;
unlawful acts shall be penalized by the same penalty e. The witness shall strictly and faithfully comply without
prescribed
provided for the
under theActcommission
(Sec. 26) : of the same as delay
imposedwith any
by the conditions/ undertaking lawfully
State;
1. Importation of any DD and/or CP/EC; f. The witness does not appear to be the most guilty;
2. Sale, trading, administration, dispensation, delivery, and
distribution and transportation of any DD and/or CP/EC; g. There is no direct evidence available for the State
3. Maintenance of a den, dive or resort where any DD is except for the testimony of the witness.
used in any form;
4. Manufacture of any DD and/or CP/EC; and Grounds for termination of immunity (Sec. 34)
5. Cultivation or culture of plants which are sources of 1. If the testimony is false, malicious, or made only to
dangerous drugs. harass, molest or prejudice the accused.
2. Failure or refusal to testify without just cause, when Compulsory confinement of a drug dependent who
lawfully obliged to do so. refuses to apply under the voluntary submission
3. Violating any condition for immunity. program (Sec. 61):
Effect of termination of immunity : (Sec. 34) Notwithstanding any law, rule and regulation to the
The immunity shall cease and the witness shall be contrary, any person determined and found to be
prosecuted or cited for contempt. dependent on dangerous drugs shall, upon petition by the
Board or any of its authorized representative, be confined
Voluntary submission of a drug dependent to for treatment and rehabilitation in any Center duly
confinement, treatment and rehabilitation (Sec. 54) designated or accredited for the purpose.
The drug dependent may, by himself/herself or through Such petition may be filed by any person authorized by
his/her parent, spouse, guardian or relative within the 4 th the Board with the RTC of the province or city where such
degree of consanguinity or affinity, apply to the Board or person is found.
its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Prescription of the offense charged against a drug
dependent under the Compulsory Submission
Upon such application, the Board shall bring forth the Program (Sec. 63)
matter to the Court which shall order that the applicant be
examined for drug dependency. It will not run during the time that the drug dependent is
1. If positive: under confinement in a Center or otherwise under the
a. The court shall issue an order for rehabilitation and treatment and rehabilitation program approved by the
treatment to a center for not less than 6 months; or Board.
b. May be placed in the care of DOH accredited
physician if there is no near or accessible center; OR Suspension of Sentence of a First-Time Minor
when the drug dependent is under 18 years old, and Offender (Sec. 66)
first time offender, and non-confinement in a center
for
fromatconfinement
least 18 months following temporary discharge
in the Center. Sec. 38. Automatic Suspension of Sentence. – Once the
2. He/she has never been charged or convicted under this child who is under eighteen (18) years of age at the time
Act. of the commission of the offense is found guilty of the
3. He/she has no record of escape from a center. offense charged, the court shall determine and ascertain
4. He/she poses no serious danger to himself/herself, any civil liability which may have resulted from the offense
his/her family or the community by his/her exemption committed. However, instead of pronouncing the judgment
from criminal liability. of conviction, the court shall place the child in conflict with
the law under suspended sentence, without need of
application: Provided, however, That suspension of
2009). of this
the Act, except
offender in thethe
is a minor, case of minor
penalty offenders.
for acts Where
punishable by
Discharge After Compliance with Conditions of life imprisonment to death shall be reclusion perpetua to
Suspended Sentence of a First-Time Minor Offender death (Sec. 98).
(Sec. 67)
If the first time minor offender under suspended sentence TITLE SIX: CRIMES AGAINST PUBLIC
complies with the rules and regulations of the Board, the MORALS
court, upon recommendation of the Board, shall discharge
the accused and dismiss all proceedings. CHAPTER ONE: GAMBLING AND
BETTING (ARTS. 195-199)
The minor shall not thereafter be held guilty of perjury or
of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related Arts. 195-199 and provisions of PD 483 and 449 are
thereto in response to any inquiry made of him for any repealed insofar as they are inconsistent with PD 1602,
purpose. which provides for stiffer penalties for violation of the
Gambling Laws .
like; 7-11 and any game using dice; black jack, lucky 7. Any barangay official who, with knowledge of the
nine, poker and its derivatives, monte, baccarat, cuajo, existence of the gambling house or place in his
pangguigue and other card games; pak que, high and jurisdiction fails to abate the same or take action in
low, mahjong , domino and other games using plastic connection therewith.
tiles and the like; slot machines, roulette, pinball and 8. Any security officer, security guard, watchman, private
other mechanical cont raptions and devices ; dog racing, or house detective of hotels, villages, buildings,
boat racing, car racing and other forms of races; enclosures and the like which have the reputation of a
basketball, boxing, volleyball, bowling, pingpong and gambling place or where gambling activities are being
other forms of individual or team contests to include held.
game fixing, point shaving and other machinations;
banking or percentage game, or any other game or Proof that the game took place or is about to take place
scheme, whether upon chance or skill, wherein wagers is not necessary.
consisting of money, articles of value or representative
of value are at stake or made; A mere bystander or spectator in a gambling game is
2. Any person knowingly permitting any form of gambling not criminally liable, because he does not take part
previously enumerated to be carried on in an inhabited therein, directly or indirectly. The law does not make the
or uninhabited place or in any building, vessel or other mere presence in a gambling house an offense (U.S.
means of transportation owned or controlled by him. vs. Palma, G.R. No. 2188, May 5, 1905 ).
Elements: Lottery
a.That a gambling game was carried on in an It is a scheme for the distribution of prizes by chance
inhabited or uninhabited place or in any building, among persons who have paid, or agreed to pay, a
vessel or other means of transportation; valuable consideration for the chance to obtain a prize
b. That the place, building, vessel or other means of (U.S. v. Filart, G.R. No. L-10263, May 13, 1915).
transportation is owned or controlled by the
offender; and Elements of lottery:
c. That the offender permitted the carrying on of such 1. Consideration;
3. Anygame, knowing
person that itpermitting
knowingly is a gambling
anygame.
form of gambling 2. Chance;
3. Prize or some advantage or inequality in amount or
to be carried on in a place which has a reputation of a value which is in the nature of a prize.
gambling place or where prohibited gambling is
frequently carried on therein, or in a public or There is no lottery when there is full value for money and
government building or barangay hall; the prize is merely incidental (Reyes, p. 343).
4. The maintainer or conductor of the above gambling
schemes. ARTICLE 196
Maintainer IMPORTATION SALE AND POSSESSION OF
It is the person who sets up and furnishes the means LOTTERY TICKETS OR ADVERTISEMEN TS
with which to carry on the gambling game or scheme.
Acts punished relative to lottery tickets or
Conductor advertisements:
It is the person who manages or carries on the 1. By importing into the Philippines from any foreign place
gambling game or scheme. or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance with
5. A government official who is a maintainer, conductor or the importer.
banker of referee,
promoter, the gambling schemes,
umpire, judge or the
or coach player,
in case of 3. tickets
By possessing, knowingly and with intent to use, lottery
or advertisements.
game fixing, point shaving and other machinations. 4. By selling or distributing the same without connivance
6. Any person who knowingly and without lawful purpose with the importer.
in any hour of any day, possesses any lottery list, paper
or other matter containing letters, figures, signs or The possession of any lottery ticket or advertisement is
symbols pertaining to or in any manner used in the prima facie evidence of an intent to sell, distribute or use
games of jueteng, jai alai or horse racing bookies and the same.
similar games of lotteries and numbers which have
taken place or about to take place. PRESIDENTI AL DECREE NO. 483
order to influence
the other the or
team, player result thereoftherein.
participant in favor of one or d. Good
e. Holy Thursday
Friday
4. Game machination – any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice ARTICLE 199
employed for the purpose of influencing the result of ILLEGAL COCKFIGHTING
any game, race or sports contest (Sec 1).
Modified by: PD 449
Liability of offenders:
When the offender is an official, such as promoter, Under PD 449, the following may be held liable:
referee, umpire, judge, or coach in the game, race, sports 1. Any person who, directly or indirectly, participates in
contests, or the manager or sponsor of any participating cockfights, by betting money or other valuable things in
team, individual, or player therein, or participants or a day other than those permitted by law.
players in such games, races, or other sports contests, he 2. Any person who, directly or indirectly, organizes
shall, upon conviction, be punished by prision correccional cockfights at which bets are made in a day other than
in its maximum period and a fine of 2,000 pesos with those permitted by law.
subsidiary imprisonment in case of insolvency, at the 3. Any person who, directly or indirectly, participates in
discretion of the court. This penalty shall also be imposed cockfights, by betting money or other valuable things at
2. Legal Holidays EXCEPT: The acts must be performed in a public place or within
a. Rizal Day public knowledge or view.
b. Independence Day
c. National Heroes Day Hence, distinction should be made as to the place where
d. Holy Thursday the offensive act was committed, whether in the public
e. Good Friday place or in a private place:
f. Election or Referendum Day 1. In public place, the criminal liabilit y arises irrespective of
g. During the Registration days for election or whether the immoral act is open to the public view. In
referendum short public view is not required.
3. During local fiestas for not more than 3 days 2. When act offensive to decency is done in a private
4. During provincial, city or municipal, agricultural, place, public view or public knowledge is required.
commercial or industrial fair, carnival or exposition for a
similar period of three days. When the acts were performed in a private house and
seen by one person, the crime was not committed. This
CHAPTER TWO: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
circumstance does not constitute the degree of publicity
(ARTS. 200-202) which is an essential element of the crime.
ARTICLE 201
ARTICLE 200 IMMORAL DOCTRINES, OBSCENE
GRAVE SCANDAL PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Elements:
1. That the offender performs an act or acts; Persons Liable:
2. That such act or acts be highly scandalous as 1. Those who shall publicly expound or proclaim doctrines
offending against decency or good customs; openly contrary to public morals.
3. That the highly scandalous conduct is not expressly 2. The authors of obscene literature, published with their
falling within any article of the RPC; and knowledge in any form; the editors publishing such
4. public
That the actororwithin
place acts the
complained of be committed
public knowledge or view. in a literature; and
establishment sellingthe owners/operators
the same. of the
The act punishable by Article 200 are those which by their b. violence,
Serve nolust
other purpose but to satisfy the market for
or pornography;
publicity and character can cause public scandal among c. Offend any race or religion;
the person witnessing them, besides being contrary to d. Tend to abet traffic in and use of prohibited drugs;
morals and good customs ( People vs. Dumlao, C.A., 380 and
O.G.3715 ). e. Are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees
If the act or acts of the offender are punished under and edicts.
another article of the RPC, Art. 200 is NOT applicable. 3. Those who shall sell, give away or exhibit films, prints,
engravings, sculptures or literature which are offensive
such a publication
publication may fall
or act shocks theand also whether
ordinary or notsense
and common such such scene,
play, child toact,
be employed or to participate
movie or show in any otherinacts
an obscene
covered
of men as an indecency. by this section shall suffer the penalty of prision mayor in
its medium period (Sec. 9).
Indecency
It is an act against the good behavior and a just delicacy. ARTICLE 202
VAGRANTS AND PROSTITUTES
Mere nudity in pictures or paintings is not an obscenity.
The proper test is whether the motive of the picture, as Note: Republic Act No. 10158 (2012) decriminalized
indicated by it, is pure or impure; or whether it is naturally vagrancy.
calculated to excite impure imaginations (People vs. Persons Liable:
Serrano, CA-G.R. No. 5566-R, November 24, 1950). 1. Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects to
Mere possession of obscene materials, without intention apply himself to some lawful calling (Mendicant ).
to sell, exhibit, or give them away, is not punishable under 2. Any person found loitering about public or semipublic
Article 201, considering the purpose of the law is to buildings or places or tramping or wandering about the
prohibit the dissemination of obscene materials to the country or the streets without visible means of support .
public (Fernando
December 6, 2006vs.
). Court of Appeals, G.R. No. 169751, The absence of visible means of support or a lawful
calling is necessary to convict one for loitering around
saloons, dram shops, and gambling houses (U.S. v.
Hart, 26 Phil. 149).
Disposition of prohibited articles:
The disposition of the literature, films, prints, engravings, 3. Any idle or dissolute person who lodges in houses of ill-
sculptures, paintings or other materials involved in the fame; ruffians or pimps and those who habitually
violation shall be governed by the following rules: associate with prostitutes (Vagrant ).
1. Upon conviction of the offender – to be forfeited in 4. Any person who, not being included in the provisions of
other articles of this Code, shall be found loitering in any organs (Sec 3).
inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose. Acts of Trafficking in Persons
5. Prostitutes It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
Art. 202 is NOT applicable to minors 1. To recruit, transport, transfer, harbor, provide, or
Persons below eighteen (18) years of age shall be exempt receive a person by any means, including those done
from prosecution for the crimes of vagrancy and under the pretext of domestic or overseas employment
prostitution under Art. 202 of the RPC, of mendicancy or training or apprenticeship, for the purpose of
under PD 1563, and sniffing of rugby under PD 1619, prostitution, pornography, sexual exploitation, forced
such prosecution being inconsistent with the United labor, slavery;
Nations Convention on the Rights of the Child: Provided, 2. To introduce or match for money, profit, or material,
That said persons shall undergo appropriate counseling economic or other consideration, any person or, as
and treatment program. (Sec. 58, RA 9344 otherwise provided for under R.A. No. 6955, any Filipino woman
known as the “Juvenile Justice and Welfare Act of 2006”). to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling, or trading him/her to
engage in prostitution, pornography;
Prostitutes 3. To offer or contract marriage, real or simulated, for the
Women who, for money or profit habitually indulge in purpose of acquiring, buying, offering, selling, or trading
sexual intercourse or lascivious conduct. them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary
Dissolutes servitude or debt bondage;
Lax, unrestrained, immoral. 4. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
Ruffians purpose of utilizing and offering persons for prostitution,
Violent or lawless individuals. pornography or sexual;
5. To maintain or hire a person to engage in prostitution
Pimp
One who provides gratificat ion for the lust of others. 6. orTopornography;
adopt or facilitate the adoption of persons, for the
purpose of prostitution, pornography, sexual
Persons Liable under PD 1563 or the Mendicancy exploitation, forced-labor, slavery, involuntary servitude
Law: or debt-bondage;
1. Mendicant himself 7. To recruit, hire, adopt, transport or abduct a person, by
2. Any person who abets mendicancy by giving alms means of threat or use of force, fraud, deceit, violence,
directly to mendicants, exploited infants, and minors on coercion, or intimidation for the purpose of removal or
public roads, sidewalks, parks and bridges. sale of organs of said person;
8. To recruit, transport or adopt a child to engage in
REPUBLIC ACT NO. 9208 armed activities in the Philippines or abroad (Sec. 4).
THE ANTI-TRAFFICKI NG IN PERSONS ACT OF
2003 TITLE SEVEN : CRIMES COMMITTED
“Trafficking in Persons” BY PUBLIC OFFICERS
It is the recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim’s consent ARTICLE 203
or knowledge,
of within
threat or use of or across
force, or national borders
other forms of by means
coercion, WHO ARE PUBLIC OFFICERS
abduction, fraud, deception, abuse of power or of position, Requisites:
taking advantage of the vulnerability of the person or, the To be a public officer one must be –
giving or receiving of payments or benefits to achieve the 1. Taking part in the performance of public functions in
consent of a person having control over another person the government, or performing in said Government or in
for the purpose of exploitation which includes at a any of its branches public duties as an employee, agent
minimum, the exploitation or the prostitution of others or or subordinate official, of any rank or class; and
other forms of sexual exploitation, forced labor or 2. That his authority to take part in the performance of
services, slavery, servitude or the removal or sale of public functions or to perform public duties must be –
The term “public officers” embraces every public servant There is no liability at all for a mere error in good faith.
from the highest to the lowest. For the purposes of the
RPC, it obliterates the standard distinction in the law of There must be evidence that the judgment is unjust for it
public officers between “officer” and “employee.” cannot be presumed and the judge knew that the
judgment is unjust. The Supreme Court must have
Temporary performance of public functions by a laborer declared the judgment as unjust in a certiorari, prohibition,
makes him a public officer. or administrative proceeding.
CHAPTER TWO: MALFEASANCE AND Art. 204 has no application to members of a collegiate
MISFEASANCE IN OFFICE court who reach their conclusions in consultation and
(ARTS. 204-212) accordingly render their collective judgment after due
deliberation (In Re: Laureta, G.R. No. 68635, May 14,
SECTION ONE: DERELICTION OF DUTY 1987).
It is one which
evidence, is contrary to law, or is not supported by
or both. 2. a.That he performs
Knowingly any ofunjust
renders the following acts: order or
interlocutory
decree; or
An unjust judgment is rendered knowingly when it is made b. Renders a manifestly unjust interlocutory order or
deliberately and maliciously. decree through inexcusable negligence or ignorance.
decides some point or matter, but which, however, is not a Malice is an important element in this Article. Maliciously
final decision of the matter in issue. signifies deliberate intent.
Test: Does it leave something to be done in the trial court The guilt of the offender is a prejudicial question to the
with respect to the merits of the case? If it does, it is liability of the officer charged under this provision.
interlocutory; if it does not, it is final.
Who Can Be Offenders in Art. 208?
Example: An order granting preliminary injunction or an 1. Public officer
order appointing a receiver is an interlocutory order. Officers of the prosecution department, whose duty is to
institute criminal proceedings for felonies upon being
ARTICLE 207 informed of their perpetration.
MALICIOUS DELAY IN THE ADMINISTRA TION OF
JUSTICE 2. Officer of the law
Includes all those who, by reason of the position held by
Elements: them, are duty-bound to cause prosecution and
1. That the offender is a judge; punishment of offenders.
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and The fiscal or the city attorney, as prosecuting officer, is
4. That the delay is malicious, that is, the delay is caused under no compulsion to file the corresponding information
by the judge with deliberate intent to inflict damage on based upon as complaint, where he is not convinced that
either party in the case. the evidence gathered or presented would warrant the
filing of an action in court.
Mere delay without malice is NOT a felony under this
article. Liability of public officer who, having the duty of
prosecuting the offender, harbored, concealed, or
If the delay is NOT malicious, but committed through assisted in the escape of the latter, is that of the principal
gross negligence, the crime committed is that under RA in the crime of dereliction of duty in the prosecution of
crime is about
commission; and to be committed he tolerates its If no damage oriscivilly
administratively caused,
liable.attorney may be held
3. That the offender acts with malice and deliberate intent
to favor the violator of the law. 2. Revealing any of the secrets of his client learned by
him in his professional capacity.
Negligence means “neglect of the duties of his office by Damage is NOT necessary.
maliciously failing to move the prosecution and 3. Undertaking the defense of the opposing party in the
punishment of the delinquent. same case without the consent of his first client after
having undertaken the defense of said first client or
after having received confidential information from said
The acceptance of the offer or promise is enough to For the purpose of punishing bribery, the temporary
consummate the crime. Absent such acceptance, only performance of public functions is sufficient to constitute a
the person making the offer or promise is liable for person a public officer.
Attempted Corruption of a Public Officer.
The thing offered or accepted may be money, property,
2. By accepting a gift in consideration of the execution of services or anything else of value. It must have a value or
an act which does not constitute a crime , in connection be capable of pecuniary estimation (Reyes, p. 387).
As to necessity of the performance of the act the offender in consideration of any promise, gift or
present.
The offender agrees to It is not necessary that
perform or performs an the officer should do The guilt of the offender is a prejudicial question to the
act or refrains from any particular act or liability of the officer charged under this provision.
doing something, even promise to do an
because of the gift or act, as it is enough that ARTICLE 212
promise. he accepts gifts offered CORRUPTION OF PUBLIC OFFICIALS
to him by reason of his
office. Elements:
1. That the offender makes offers or promises or gives
There is no attempted or frustrated indirect bribery gifts or presents to a public officer; and
because it is committed by accepting gifts offered to the 2. That the offers or promises are made or the gifts or
public officer by reason of his office. If he does not accept presents given to a public officer, under circumstances
the gifts, he does not commit the crime. If he accepts the that will make the public officer liable for direct bribery
gifts, it is consummated. or indirect bribery.
It is considered indirect bribery even if there was a sort of This article is concerned with the liability of the person
an agreement between public officer and giver of gift. who shall have made the offers or promises or given the
gifts to the public officer.
Receiving of gifts by public officials and employees, and
giving of gifts by private persons, on any occasion, The crime is attempted if the offer, promise, gift or present
including Christmas is punishable. was refused and consummated if accepted.
2. Any
Any private person who
gift, present or gives,
other orvaluable
offers to thing
give: to any bribery and
enjoyed, other graft
the following cases. must
conditions For the immunity to be
concur:
occasion, when such gift, present or other valuable a. The information must refer to consummated violations
thing is given by reason of the former’s official position, of Arts. 210, 211, 212 of the RPC; R.A. 3019, as
whether the same is for past favors or the giver hopes amended; Sec. 345 of the Internal Revenue Code and
or expects to receive a favor or better treatment in the Sec. 3604 of the Tariff and Customs Code and other
future from the public official or employee concerned in provisions of said Codes penalizing abuse or
the discharge of his official functions. dishonesty on the part of the public officials concerned;
and other laws, rules and regulations punishing acts of
Included within the prohibition is the throwing of parties or graft, corruption and other forms of official abuse;
entertainments in honor of the official or employees or his b. The information and testimony are necessary for the
immediate relatives. conviction of the accused public officer;
ARTICLE 211-A c. Such information and testimony are not yet in the
QUALIFIED BRIBERY possession of the State;
d. Such information and testimony can be corroborated
Elements: on its material points; and
1. That the offender is a public officer entrusted with law e. The informant or witness has not been previously
enforcement;
2. That the offender refrains from arresting or prosecuting convicted of a crime involving moral turpitude (Sec. 1).
an offender who has committed a crime punishable by The immunity shall not attach if the information turned out
reclusion perpetua and/or death; and to be false and malicious or made only for the purpose of
harassing, molesting or in any way prejudicing the public
Note: If the crime committed is punishable by a penalty officer denounce (Sec. 2).
less than reclusion perpetua , the public officer is liable
under Article 208 and direct bribery.
This immunity may be enjoyed by such informant or Section 3. Corrupt Practices of Public Officials:
witness notwithstanding that he offered or gave the bribe The corrupt practices herein enumerated are in addition to
or gift to the public official or is an accomplice for such gift acts or omissions of public officers already penalized by
or bribe-giving. Provided, the following conditions concur: existing law.
1. The information must refer to consummated violations 1. Persuading, inducing or influencing another public
of any of the above-mentioned provisions of law, rules officer to perform an act constituting a violation of rules
and regulations; and regulations duly promulgated by competent
2. The information and testimony are necessary for the authority or an offense in connection with the official
conviction
3. Such of the accused
information public officer;
and testimony are not yet in the duties of the
induced, or latter, or allowing
influenced himselfsuch
to commit to beviolation
persuaded,
or
possession of the State; offense.
4. Such information and testimony can be corroborated on
its material points; and Persons Liable:
5. The informant or witness has not been previously a. Public officer who persuades, induces, or influences
convicted of a crime involving moral turpitude (Sec1). another public officer.
b. Public officer who is persuaded, induced or
REPUBLIC ACT NO. 3019 influenced.
As amended by
RA 3047, PD 77, & BP 195 Requesting or receiving any gift, present, or benefit is
Anti-Graft and Corrupt Practices Act not required in this provision (Reyes, p.399).
unaccompanied by any other sign, circumstance or act affected. It is the omission of that care which even
to show acceptance is not sufficient to lead the court to inattentive and thoughtless men never fail to take on
conclude that the crime has been committed (Peligrino their property ( Alejandro v. People, G.R. No. 81031,
v. People, G.R. No. 136266, August 31, 2001). February 20, 1989). In case of public officials, there is
gross negligence when a breach of duty is flagrant and
This section refers to a public officer whose official palpable (Quibal v. Sandiganbayan, G. R. No. 109991,
intervention is required by law in a contract or May 22, 1995).
transaction (Jaravata v. Sandiganbayan, G.R. No. L-
56170, January 31, 1984). The last sentence of this paragraph is intended to make
clear the inclusion of officers and employees of offices
A “transaction,” like a contract, is one which involves or government corporations which, under the ordinary
some consideration as in credit transactions (Soriano v. concept of “public officer” may not come within the term.
Sandiganbayan, G.R. No. L-65952, July 31, 1984). It is a strained construction of the provision to read it as
applying exclusively to public officers charged with the
3. Directly or indirectly requesting or receiving any gift, duty of granting license or permits or other concessions
present or other pecuniary or material benefit, for (Mejorada v. Sandiganbayan, G.R. No. L-51065-72
himself or for another, from any person for whom the June 30, 1987).
public officer, in any manner or capacity has secured or
obtained , or will secure or obtain , any government 6. Neglecting or refusing , after due demand or request,
permit or license, in consideration for the help given or without sufficient justification, to act within reasonable
to be given, without prejudice to Sec. 13 of this Act. time on any matter pending before him for the purpose
4. Accepting or having any member of his family accept of obtaining, directly or indirectly, from any person
employment in a private enterprise which has pending interested in the matter some pecuniary or material
official business with him during the pendency thereof benefit or advantage , or for the purpose of favoring his
or within 1 year after its termination. own interest or giving undue advantage in favor of or
5. Causing any undue injury to any party, including the discriminating against any other interested party.
government, or giving any private party any 7. Entering on behalf of the Government , into any contract
unwarrantedof benefits,
discharge advantage
his official, or preference
administrative in the
or judicial or the
to transaction manifestly
same, whether or notandthegrossly
public disadvantageous
officer profited or
functions through manifest partiality, evident bad faith or will profit thereby.
gross inexcusable negligence . This provision shall apply
to officers and employees of offices or Government It is not necessary that the public officer profited or will
corporations charged with the grant of licenses or profit from the contract or transaction. It is the
permits or other concessions. commission of the act as defined by law and not the
character thereof that determines whether the
To be held liable under said section, the act of the provision has been violated (Marcos v.
accused which caused undue injury must have been Sandiganbayan, G.R. No. 126995, October 6, 1998).
done with manifest partiality , evident bad faith or gross
inexcusable negligence . 8. Directly Directly or indirectly having financial or
pecuniary interest in any business, contract or
The undue injury must be specified, quantified and transaction in connection with which he intervenes or
proven to the point of moral certainty (Llorente vs. takes part in his official capacity , or in which he is
Sandiganbayan, G.R. No. 122166, March 11, 1998) . prohibited by the Constitution or by law from having
any interest.
If the actmay
committed wasbe committed with 207
that under Art. malice, the delay
(malicious crime What is contemplated in this section is the actual
in the administration of justice) of the RPC. intervention in the transaction in which one has
financial or pecuniary interest in order that liability may
Gross negligence attach (Trieste v. Sandiganbayan, G.R. Nos. L-70332-
Negligence characterized by the want of even slight 43, November 13, 1986).
care, acting or omitting to act in a situation where there
is a duty to act, not inadvertently but willfully and 9. or indirectly becoming interested , for personal gain, or
intentionally with a conscious indifference to having material interest in any transaction or act
consequences in so far as other persons may be requiring the approval of a board, panel or group of
which he is a member ; and which exercises discretion President , Senate President , or the Speaker of the House
in such approval, even if he votes against the same or of Representatives is prohibited to intervene directly or
does not participate in the action of the board, indirectly, in any business, transaction, contract or
committee, panel or group. application with the government.
Interest for personal gain shall be presumed against Exceptions to the provisions:
those public officers responsible for the approval of a. Any person who, prior to the assumption of office of any
manifestly unlawful, inequitable, or irregular of those officials to whom he is related, has been
transactions or acts by the board, panel or group to already dealing with the government along the same
which they belong. line of business, nor to any transaction, contract or
application already existing or pending at the time of
10. Knowingly approving or granting any license, permit, such assumption of public office.
privilege or benefit in favor of any person not qualified b. Any application filed by him, the approval of which is not
for or not legally entitled to such license, permit, discretionary on the part of the official or officials
privilege or advantage, or of a mere representative or concerned but depends upon compliance with the
dummy of one who is not qualified or entitled. requisites provided by law, or rules or regulations
issued pursuant to law.
Requesting or receiving any gift, present or benefit is c. Any act lawfully performed in an official capacity or in
not required in this provision. the exercise of a profession.
connections,
rise to intimacyandwhich
professional
assuresemployment
free accessallto giving
such lawful income.
public officer. Ground for forfeiture of unexplained wealth.
2. Knowingly inducing or causing any public official to Section 11. Prescription of offenses
commit any of the offenses defined in Section 3. 15 years – prescriptive period of all offenses under the
Act.
Section 5. Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity, Section 12. Termination of office
within the 3 RD CIVIL DEGREE, of the President , the Vice- No public officer is allowed to resign or retire:
It is mandatory for the Court to place under preventive Section 2. Definition of the Crime of Plunder;
suspension a public officer accused before it. Imposition Penalties
of suspension, however, is not automatic or self-operative. Plunder
A pre-condition is the existence of a valid information, A crime committed by any public officer, by himself or in
determined at a pre-suspension hearing. Once a proper connivance with his family, relatives by affinity or
determination of the validity of the information has been consanguinity, business associates , subordinates or other
made, it becomes the ministerial duty of the Court to issue persons, by amassing , accumulating or acquiring ill-gotten
the order of preventive suspension. (Segovia v. wealth in the aggregate amount or total value of at least
Sandiganbayan, G.R. No. 124067, March 27, 1998) 50 million pesos.
friendship according to local custom or usage. considered by the courts in the imposition of penalty.
REPUBLIC ACT NO. 7080 Section 4. Rule of Evidence
ANTI-PLUNDER ACT It is NOT necessary to prove each and every criminal act
done. A pattern of overt or criminal acts indicative of the
Means or schemes to acquire ill-gotten wealth: (Sec.1 over-all unlawful scheme or conspiracy shall be sufficient.
[d])
1. Through misappropriation, conversion, misuse or PATTERN consists of at least a combination or series of
malversation of public funds or raids on the public overt or criminal acts enumerated in subsections (1) to (6)
treasury; of Sec. 1(d) ( Estrada vs. Sandiganbayan, G.R. No.
2. By receiving directly or indirectly, any commission, gift, 148560, November 21, 2001).
share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in Section 6. Prescription of Crimes
connection with any government contract/project or by The crime punishable under this Act shall prescribe in 20
reason of his office/position; years. However, the right of the State to recover
3. By the illegal or fraudulent conveyance or disposition of properties unlawfully acquired by public officers from them
assets belonging to the government; or from their nominees or transferees shall not be barred
4. indirectly,
By obtaining, receiving
any shares or equity
of stock, accepting,
or any directly or
other form by prescription or laches or estoppel.
of interest or participation including the promise of Plunder is a crime malum in se because the constitutive
future employment in any business enterprise or crimes are mala in se . The elements of mens rea must be
undertaking; proven in a prosecution for plunder ( Estrada vs.
5. By establishing agricultural, industrial or commercial Sandiganbayan , G.R. No. 148560, November 21, 2001).
monopolies or other combinations and/or implementing
decrees and orders intended to benefit particular
persons or special interests;
making ofrelating
accounts contracts, or theproperty
to public adjustment or settlement of
or funds. Not a crime but considered as a special aggravating
circumstance.
Examples: justices, judges or fiscals, employees Revised Penal Code Book II, 17 th ed., 2008 p. 425) .
engaged in the collection and administration of public
funds Acts punished:
2. That he becomes interested, directly or indirectly, in any 1. By appropriating public funds or property.
transaction of exchange or speculation; To appropriate public funds or property includes every
3. That the transaction takes place within the territory attempt to dispose of the same without right.
subject to his jurisdiction; and
4. That he becomes interested in the transaction during 2. By taking or misappropriating the same.
his incumbency. 3. By consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
The transaction must be one of exchange or speculation, property.
such as buying and selling stocks, commodities, land, 4. By being otherwise guilty of the misappropriation or
etc., hoping to take advantage of an expected rise and fall malversation of such funds or property.
in price.
Purchasing of stocks or shares in a company is simply an Common elements:
investment and is not a violation of the article. But buying 1. That the offender be a public officer.
regularly securities for resale is speculation. 2. That he had custody or control of funds or property by
reason of the duties of his office.
ARTICLE 216 3. That those funds or property were public funds or
POSSESSION OF PROHIBITED INTEREST BY A property for which he was accountable.
PUBLIC OFFICER 4. That he appropriated, took, misappropriated or
consented, or through abandonment or negligence,
Persons liable: permitted another person to take them.
1. Public officer who, directly or indirectly, became
interested in any contract or business in which it was his Custody
official duty to intervene. Means guarding or keeping safe; care.
2. Experts, arbitrators, and private accountants who, in
like manner,
connected took
with the part in or
estate anyproperty
contractin or
thetransaction
appraisal, Accountable
A Officer
public officer who, in the discharge of his office,
distribution or adjudication of which they had acted. receives money or property of the government which he is
3. Guardians and executors with respect to the property bound to later account for. It is the nature of the duties of,
belonging to their wards or the estate. not the nomenclature used for, or the relative significance
of the title to, the position which controls in the
Actual fraud is NOT necessary, the act is punished determination (Tanggote v. Sandiganbayan, G.R. No.
because of the possibility that fraud may be committed or 103584, September 2, 1994).
that the officer or private person (such as an expert,
arbitrator, private accountant, guardian and executor) may Funds or property must be received in official capacity.
place his own interest above that of the government or Hence, if the public officer had no authority to receive the
party which he represents. money and he misappropriated the same, the crime is
estafa, not malversation.
Intervention must be by virtue of public office held. The
official who intervenes in contracts which have no The penalty for malversation is the same whether
connection with his office cannot commit the crime defined committed with malice or through negligence or
under this Article. imprudence.
CHAPTER FOUR: MALVERSATION OF Nature of the duties of the public officer, not the name of
PUBLIC FUNDS OR PROPERTY the office, is controlling.
(ARTS. 217-222)
Malversation may be committed by private individuals
ARTICLE 217 in the following cases:
MALVERSATION OF PUBLIC FUNDS OR PROPERTY 1. Those in conspiracy with public officers guilty of
— PRESUMPTION OF MALVERSATION malversation.
2. Those who are accessory or accomplice to a public
Malversation is also called embezzlement (Reyes, The officer.
The return of the funds malversed is only mitigating, not Demand for accounting is NOT necessary.
exempting circumstance.
It is NOT necessary that there be misappropriation. If
Demand is NOT necessary in malversation. Damage to there is misappropriation, he would be liable also for
the government is also not necessary. malversation under Art. 217.
2. The
3. nature
The fact thatofconversion
the funds. is not required in malversation. COUNTRY
4. The rule that there is no need of prior demand in Elements:
malversation. 1. That the offender is a public officer;
5. The absence of a requirement of damage in 2. That he must be an accountable officer for public funds
malversation. or property; and
3. That he must have unlawfully left (or be on the point of
Malversation can be committed through abandonment or leaving) the Philippines without securing from the
negligence. Negligence is the omission to do something Commission on Audit a certificate showing that his
which a reasonable man, guided by those considerations accounts have been finally settled.
which ordinarily regulate the conduct of human affairs,
would do, or the doing of something which a prudent and The act of leaving the country must be unauthorized or
reasonable man would do. not permitted by law.
The failure of a public officer to have duly forthcoming any ARTICLE 220
public funds or property with which he is chargeable, upon ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
demand by any duly authorized officer, shall be prima
facie evidence
property that uses.
to personal he has put such missing funds or Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his
Direct Evidence Not Required in Malversation administration;
Direct evidence is not necessary to prove malversation 3. That such public fund or property has been
because the law presumes that malversation was appropriated by law or ordinance; and
committed when after there has been complete, thorough 4. That he applies the same to a public use other than
and reliable audit, there is a discrepancy in the funds or that for which such fund or property has been
property. As such, when the officer cannot overthrow the appropriated by law or ordinance.
presumption in law, he may be held liable for malversation
have fled ( U.S. vs. Bandino, G.R. No. L-9964, February Art. 225 is NOT applicable if a private person was the one
11,1915 ). who made the arrest and he consented to the escape of
the person he arrested.
ARTICLE 224
EVASION THROUGH NEGLIGENCE SECTION TWO: INFIDELITY IN THE CUSTODY OF
DOCUMENTS
Elements:
1. That the offender is a public officer; ARTICLE 226
2. That he is charged with the conveyance or custody of a REMOVAL, CONCEALMENT, OR DESTRUCTION OF
prisoner, either detention prisoner or prisoner by final DOCUMENTS
judgment; and
3. That such prisoner escapes through his negligence. Elements:
1. That the offender be a public officer;
Not every negligence or distraction of a guard is
penalized. It is only that positive carelessness that is short Note: Only public officers who have been officially
of deliberate non-performance of his duties as guard that entrusted with the documents or papers can be held
is the gravamen of the crime of infidelity under Art. 224 liable under Article 226. If the offender is a private
(People v. Reyes, et al., C.A., 59 O.G. 6664). individual, estafa is committed if there is damage
caused. If there is no damage, the crime is malicious
The fact that the public officer recaptured the prisoner who mischief.
had escaped from his custody does not afford complete
exculpation. 2. That he removes, conceals or destroys documents or
papers;
A policeman who, assigned to guard a prisoner, falls
asleep, with the result that the prisoner escapes, is guilty The removal must be for illicit purpose when the
of negligence in the custody of a prisoner ( People vs. intention of the offender is –
Guiab, G.R. No. 39631, May 6, 1934 ). a. to tamper with it, or
PERSON NOT A PUBLIC OFFICER The crime of removal of public document in breach of
Elements: official trust is consummated upon its removal or secreting
1. That the offender is a private person; away from its usual place in the office and after the
2. That the conveyance or custody of a prisoner or person offender had gone out and locked the door, it being
under arrest is confided to him; immaterial whether he has or has not actually
3. That the prisoner or person under arrest escapes; and accomplished the illicit purpose for which he removed said
4. That the offender consents to the escape of the document.
prisoner or person under arrest, or that the escape
takes place through his negligence. Damage in this article may consist in mere alarm to the
public or in the alienation of its confidence in any branch justifiable reasons; and
of the government service. 3. That damage, great or small, be caused to public
interest.
ARTICLE 227
OFFICER BREAKING SEAL Sec 3 (k) of RA 3019 is violated if there is no damage
caused in revealing the secret.
Elements:
1. That the offender is a public officer; This article punishes minor official betrayals, infidelities
2. That he is charged with the custody of papers or of little consequence, affecting usually the
property; administration of justice, executive or official duties, or
3. That these papers or property are sealed by proper the general interest of the public order.
authority; and
4. That he breaks the seals or permits them to be broken. Secrets must affect public interest, if not, the revelation
5. would constitute no crime at all.
Damage or intent to damage is not necessary.
2. By delivering wrongfully papers or copies of papers of
ARTICLE 228 which he may have charge and which should not be
OPENING OF CLOSED DOCUMENTS published.
Theaccused
the closed document
by reasonmust
of hisbe entrusted to the custody of
office. “Charge”
Means control or custody. If the public officer is merely
If in opening closed papers or objects, the public officer entrusted with the papers but not with the custody, he is
broke the seal, the offense would be breaking seal under not liable under this provision.
Art. 227 and not the crime of opening a closed document,
because the offender must be a public officer “not Damage is an element of the offenses defined in Art. 229.
included in the preceding article.” A higher penalty is provided if serious damage is caused
otherwise a lower penalty is imposed. This indicates that
Damage or intent to cause damage is NOT an element of the lesser penalty refers to causing damage which is not
this offense. serious.
ARTICLE 230 3. That he has for any reason suspended the execution of
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE such order;
INDIVIDUAL 4. That his superior disapproves the suspension of the
execution of the order; and
Elements: 5. That the offender disobeys his superior despite the
1. That the offender is a public officer; disapproval of the suspension.
2. That he knows of the secrets of a private individual by
reason of his office; and This article does NOT apply if the order of the superior is
3. That he reveals such secrets without authority or illegal.
justifiable reason.
ARTICLE 233
If the offender is a lawyer, the crime under Art. 209 is REFUSAL OF ASSISTANCE
committed.
Elements:
If the offender is a private individual, the crime under Art. 1. That the offender is a public officer;
290 or 291 is committed. 2. That a competent authority demands from the offender
that he lend his cooperation towards the administration
Revelation to one person is necessary and sufficient, for of justice or other public service; and
public revelation is not required. 3. That the offender fails to do so maliciously.
It is NOT necessary that damage is suffered by the private There must be damage to the public interest or to a third
individual. The reason for this provision is to uphold faith party.
and trust in public service.
If the offender is a private individual, he may be held liable
for contempt.
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITI ES BY PUBLIC
OFFICERS ARTICLE 234
confession or to obtain some information from the g. Rape and sexual abuse, including the insertion of
prisoner. foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
The public officer or employee must have actual charge of h. Mutilation or amputation of the essential parts of
the prisoner. the body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the teeth;
To be a detention prisoner, the person arrested must be j. Pulling out of fingernails;
placed in jail even for a short while. k. Harmful exposure to the elements such as sunlight
and extreme cold;
Offender may also be held liable for physical injuries or l. The use of plastic bag and other materials placed
damage caused. There is no complex crime of over the head to the point of asphyxiation;
maltreatment of prisoners with serious or less serious m. The use of psychoactive drugs to change the
physical injuries, as defined in Art. 48. perception, memory. alertness or will of a person,
such as:
REPUBLIC ACT N0. 9745 i. The administration or drugs to induce confession
Anti-Tortu re Act of 2 009 and/or reduce mental competency; or
ii. The use of drugs to induce extreme pain or
Torture " certain symptoms of a disease; and
Refers to an act by which severe pain or suffering, n. Other analogous acts of physical torture; and
whether physical or mental, is intentionally inflicted on a 2. "Mental/Psychological Torture" refers to acts
person for such purposes as committed by a person in authority or agent of a
1. obtaining from him/her or a third person information or person in authority which are calculated to affect or
a confession; confuse the mind and/or undermine a person's dignity
2. punishing him/her for an act he/she or a third person and morale, such as:
has committed or is suspected of having committed; or a. Blindfolding;
3. intimidating or coercing him/her or a third person; or for b. Threatening a person(s) or his/fher relative(s) with
any reason based on discrimination of any kind, when bodily harm, execution or other wrongful acts;
such
of or pain
with or
thesuffering
consentisorinflicted by or at ofthe
acquiescence instigation
a person in c. Confinement
places; in solitary cells or secret detention
authority or agent of a person in authority. d. Prolonged interrogation;
e. Preparing a prisoner for a "show trial", public
Punishable Acts display or public humiliation of a detainee or
1. Physical torture is a form of treatment or punishment prisoner;
inflicted by a person in authority or agent of a person in f. Causing unscheduled transfer of a person deprived
authority upon another in his/her custody that causes of liberty from one place to another, creating the
severe pain, exhaustion, disability or dysfunction of belief that he/she shall be summarily executed;
one or more parts of the body, such as: g. Maltreating a member/s of a person's family;
a. Systematic beating, headbanging, punching, h. Causing the torture sessions to be witnessed by the
kicking, striking with truncheon or rifle butt or other person's family, relatives or any third party;
similar objects, and jumping on the stomach; i. Denial of sleep/rest;
b. Food deprivation or forcible feeding with spoiled j. Shame infliction such as stripping the person
food, animal or human excreta and other stuff or naked, parading him/her in public places, shaving
substances not normally eaten; the victim's head or putting marks on his/her body
c. Electric shock; against his/her will;
d. Cigarette burning;
rods, hot oil, acid; byburning by electrically
the rubbing of pepper heated
or other k. Deliberately prohibiting
with any member the family;
of his/her victim and
to communicate
chemical substances on mucous membranes, or l. Other analogous acts of mental/psychological
acids or spices directly on the wound(s); torture.
e. The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood Who are Criminall y Liable
until the brink of suffocation; 1. Any person who actually participated Or induced
f. Being tied or forced to assume fixed and stressful another in the commission of torture or other cruel,
bodily position; inhuman and degrading treatment or punishment or
2. Those who cooperated in the execution of the act of 4. That he abandons his office to the detriment of the
torture or other cruel, inhuman and degrading public service.
treatment or punishment by previous or simultaneous
acts shall be liable as principal Qualifying circumstance – when the abandonment of
the office has for its purpose to evade the discharge of the
Any superior military, police or law enforcement officer or duties of preventing, prosecuting or punishing any of the
senior government official who issued an order to any crimes falling within Title 1 and Chapter 1 Title 3 of Book 2
lower ranking personnel to commit torture for whatever of the RPC.
purpose shall be held equally liable as principals.
Negligence and
Abandonment of
SECTION TWO: ANTICIPA TION, PROLONGATION Office Tolerance in
AND ABANDONMENT OF THE DUTIES AND Prosecution of Offenses
POWERS OF PUBLIC OFFICE (Art. 238)
(Art. 208)
The offense is committed by “nominating” or by Proof of solicitation is NOT necessary when there is
“appointing.” “Nominate” is different from “recommend.” sexual intercourse.
Recommending, knowing that the recommendee has no
qualification, is not a crime. Note: See also RA 7877 , the “ Anti-Sexual Harassment
Act of 1995” which applies where the accused demands,
requests or otherwise requires any sexual favors from the G.R. No. L-47941, April 30, 1985).
victim in a work, education or training-related
environment. Legitimacy need NOT be alleged when the accused killed
his (1)father, (2) mother or (3) child.
TITLE EIGHT : CRIMES AGAINST However with respect to the other ascendant, descendant
or spouse , the relationship MUST be legitimate.
PERSONS
An adopted child is considered as a legitimate child BUT
SECTION ONE: PARRICIDE, MURDER, HOMICIDE since the relationship is exclusive between the adopter
and the adopted child, killing the parents of the adopter is
ARTICLE 246 not considered parricide of “other (legitimate)
PARRICIDE ascendants”.
The child should not be less than 3 days old; otherwise of his wifetoor
consented thedaughter,
infidelity oforthethat he spouse.
other or she has not
the crime is infanticide. (Art. 255)
The requisites of Art. 247 must be established by the
Relationship of the offender with the victim is the evidence of the defense and accused cannot enter into a
essential element of the crime. Hence: conditional plea of guilty and be sentenced with destierro
a. If a person wanted to kill a stranger but by mistake since the prosecution will have to charge the defendant
killed his own father, he will be held liable for with parricide and/or homicide, in case death results, or of
parricide BUT Art. 49 will apply as regards the serious physical injuries in other cases.
proper penalty to be imposed, that is, the penalty for
the lesser offense in its maximum period. For Art. 247 to apply, the offender must prove that he
b. A stranger who cooperates and takes part in the actually surprised his wife and (her paramour) in flagrante
commission of the crime of parricide is not guilty of delicto, and that he killed the man during or immediately
parricide but only of homicide or murder, as the case thereafter. Evidence of the victim’s promiscuity, is
may be. The key element in parricide is the inconsequential to the killing ( People vs. Puedan , G.R.
relationship of the offender with the victim ( People No. 139576, September 2, 2002).
vs. Dalag, G.R. No. 129895, April 30, 2003).
c. must
The relationship
be alleged. between the offender and the victim Surprise
To come upon suddenly and unexpectedly.
The law does NOT require knowledge of relationship,
thus, a person who killed another not knowing that the Sexual intercourse does NOT include preparatory acts.
latter was his son will still be held guilty of parricide.
Immediately thereafter
The fact that the husband only intended to maltreat his The discovery, the escape, the pursuit and the killing must
wife does not exempt him from liability for resulting and all form part of one continuous act (U.S. vs. Vargas, et al.,
more serious crime committed (People vs. Tomotorgo, G.R. 1053, May 7, 1903).
No liability for less serious or slight physical injuries Outraging (physical act)
suffered by third persons during the commission of the act Means to commit an extremely vicious or deeply insulting
under this article act.
shipwreck,
upon stranding
a railroad, of an
fall of a vessel,
airship,derailment
by meansorofassault
motor ARTICLE 249
vehicles, or with the use of any other means involving HOMICIDE
great waste and ruin;
4. On occasion of any calamities enumerated in the Homicide
preceding paragraph, or of an earthquake, eruption of a The unlawful killing of any person, which is NOT parricide,
volcano, destructive cyclone, epidemic, or any other murder or infanticide.
public calamity;
5. With evident premeditation ; or Intent to kill is conclusively presumed when death results;
6. With cruelty , by deliberately and inhumanly augmenting evidence of intent to kill is important only in attempted or
the suffering of the victim, or outraging or scoffing at his frustrated homicide.
person or corpse (As amended by RA No. 7659).
Intent to kill is usually shown by the kind of weapon used
Elements: and part of the body wounded.
1. That a person was killed;
2. That the accused killed him; Elements:
3. That the killing was attended by any of the qualifying 1. That a person was killed;
4. circumstances
That the killing mentioned in Art.
is not parricide or 248 ; and
infanticide. 2. circumstance;
That the accused killed him without any justifying
3. That the accused had the intention to kill, which is
Rules for the application of the circumstances which presumed; and
qualify the killing to murder: 4. That the killing was not attended by any of the
1. That murder will exist with only one of the qualifying circumstances of murder, or by that of
circumstances described in Art. 248. parricide or infanticide.
2. Where there are more than one qualifying circums tance
present, only one will qualify the killing, with the rest to
be considered as generic aggravating circumstances.
The use of an unlicensed firearm is an aggravating common purpose of assaulting and attacking each other
circumstance in homicide and is NOT to be considered as reciprocally, otherwise, they may be held liable as co-
a separate offense (RA No. 8294, Sec. 1). conspirators;
3. That these several persons quarreled and assaulted
Corpus Delicti one another in a confused and tumultuous manner;
Actual commission of the crime charged and not the body 4. That someone was killed in the course of the affray;
of the person killed. 5. That it cannot be ascertained who actually killed the
deceased; and
Accidental Homicide 6. That the person or persons who inflicted serious
Is the death of a person brought about by a lawful act physical injuries or who used violence can be identified.
performed with proper care and skill and without homicidal
intent. e.g. death in boxing bout. There is NO FELONY Persons liable:
committed in this case. 1. The person or persons who inflicted the serious
physical injuries are liable.
In an attempted or frustrated homicide, the offender must 2. If it is not known who inflicted the serious physical
have the intent to kill the victim. If there is no intent to kill injuries on the deceased – ALL the persons who used
on the part of the offender, he is liable for physical injuries. violence upon the person of the victim are liable, but
with lesser liability.
In all crimes against persons in which the death of the
victim is an element of an offense, there must be Tumultuous affray
satisfactory evidence of (1) the fact of death and (2) the A melee or free-for-all, where several persons not
identity of the victim. comprising definite or identifiable groups attack one
another in a confused and disorganized manner resulting
When there is no way of determining how the attack was in the death or injury of one or some of them.
committed, treachery cannot be considered and the
accused is guilty of homicide only (People vs. Dela Cruz , Tumultuous affray exists when at least four persons took
G.R. No. 152176, October 1, 2003). part.
There is no such crime as frustrated homicide through When the quarrel is between a distinct group of
imprudence. individuals, one of whom was sufficiently identified as the
principal author of the killing, as against a common,
ARTICLE 250 particular victim, it is not a "tumultuous affray" within the
PENALTY FOR FRUSTRATED PARRICIDE, MURDER, meaning of Art. 251 of the RPC ( People vs. Unlagada ,
OR HOMICIDE G.R. No. 141080, September 17, 2002). In such a case,
the crime committed is homicide under Art. 249.
Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide. The victim may be a participant or non-participant thereof.
Courts may impose a penalty three degrees lower for ARTICLE 252
attempted parricide, murder or homicide. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
This provision is permissive, NOT MANDATORY.
Elements:
An attempt on or conspiracy against the life of the Chief 1. That there is a tumultuous affray as referred to in Art.
Executive,
cabinet member ofof his
or members family,
latter’s anyis member
family of his
punishable by 2. 251;
That a participant or some participants thereof suffer
death (PD 1110-A). serious physical injuries or physical injuries of a less
serious nature only;
ARTICLE 251 3. That the person responsible therefor cannot be
DEATH CAUSED IN A TUMULTUOUS AFFRAY identified; and
4. That all those who appear to have used violence upon
Elements: the person of the offended party are known.
1. That there be several persons;
2. That they did not compose groups organized for the Injured/victim must be a participant in the affray.
Only those who used violence are punished, because if The crime is discharge of firearm even if the gun was not
the one who caused the physical injuries is known, he will pointed at the offended party when it was fired, as long as
be liable for the physical injuries actually committed, and it was initially aimed by the accused at or against the
not under this article. offended party.
ARTICLE 253 If the firearm was not aimed against or at another person,
GIVING ASSISTANCE TO SUICIDE the crime committed is alarms and scandals.
A doctor who resorted to euthanasia may be held liable for No crime of infanticide is committed if the child has been
murder under Art. 248 since euthanasia is not giving dead or if, although born alive, it could not sustain an
assistance to suicide BUT doing the killing himself. independent life when it was killed.
In euthanasia, the person killed does not want to die. Father or mother or other legitimate ascendant who kills a
child less than three days old shall suffer the penalty for
ARTICLE 254 parricide.
DISCHARGE OF FIREARMS
Other person who kills or who cooperates with the mother
Elements: or maternal grandparent in killing a child less than three
1. That the offender discharges a firearm against or at days old will suffer the penalty for murder.
another person; and
2. That the offender has no intention to kill that person. Only the mother and the maternal grandparents of the
child are entitled to the mitigating circumstance of
It is not applicable to police officers in the performance of concealing the dishonor.
their duties.
ARTICLE 256
INTENTIONAL ABORTION If there is no intention to cause abortion and no violence,
there is no abortion of any kind.
Intentional abortion
Willful killing of the fetus in the uterus or the violent ARTICLE 257
expulsion of the fetus from the maternal womb which UNINTENTI ONAL ABORTION
results in the death of the fetus.
Elements:
Ways of Committing Intentional Aborti on: 1. That there is a pregnant woman;
1. By using any violence upon the person of the pregnant 2. That violence is used upon such pregnant woman
woman; without intending an abortion;
2. By acting, without using violence and without the 3. That the violence is intentionally exerted; and
consent of the woman (by administering drugs or 4. That as a result of the violence, the fetus dies, either in
beverages upon such pregnant woman without her the womb or after having been expelled therefrom.
consent; and
3. By acting, with the consent of the pregnant woman, by Violence refers to actual physical force.
administering drugs or beverages.
CONFLICTING VIEWS: The offender must have known of
Elements: the woman’s pregnancy ( People v. Carnaso, C.A., 61 OG
1. That there is a pregnant woman; 3623) However, in US v. Jeffrey (GR No. 5597, March 5,
2. That violence is exerted, or drugs or beverages 1910 ), it was ruled that knowledge of such pregnancy was
administered, or that the accused otherwise acts upon not necessary.
such pregnant woman;
3. That as a result of the use of violence or drugs or In the case of People vs. Salufrania ( G.R. No. L-50884
beverages upon her, or any other act of the accused, March 30, 1988 ), the Supreme Court ruled that despite
the fetus dies, either in the womb or after having been knowledge of the accused of his wife’s pregnancy, the
expelled therefrom; and intent to cause the abortion has not been sufficiently
Fetus must
abortion die the
and in consummated
fetus does abortion.
not die, Ifitit is
is intentional
frustrated ARTICLE
ABORTION PRACTICED 258WOMAN HERSELF
BY THE
intentional abortion when all the acts of execution have OR HER PARENTS
been performed by the offender.
Elements:
If the abortion is not intended and the fetus does not die, 1. That there is a pregnant woman who has suffered an
in spite of the violence intentionally exerted, the crime abortion;
may only be physical injuries. There is no crime of 2. That the abortion is intended; and
frustrated unintentional abortion, in view of the lack of 3. That the abortion is caused by –
intention to cause an abortion. a. The pregnant woman herself;
b. Any other person, with her consent; or necessary that the abortive was actually used.
c. Any of her parents, with her consent, for the
purpose of concealing her dishonor. It is immaterial that the pharmacist knows that the abortive
would be used for abortion. Otherwise, he shall be liable
Under a and c above, the woman is liable under Art. as an accomplice in the crime of abortion should abortion
258 ; while the third person under b is liable under Art. result from the use thereof.
256 .
SECTION THREE: DUEL
If the purpose is other than to conceal the woman’s
dishonor, abortion by any of her parents falls under ARTICLE 260
Art. 256. RESPONSIBIL ITY OF PARTICIPA NTS
IN A DUEL
Liability of the pregnant woman is mitigated if her (not
including the maternal grandparents’) purpose is to Acts punished:
conceal her dishonor. 1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
There is no mitigation for parents of the pregnant 3. By making a combat although no physical injuries have
woman even if the purpose is to conceal dishonor in been inflicted.
abortion, unlike in infanticide.
Persons liable:
ARTICLE 259 1. The person who killed or inflicted physical injuries
ABORTION PRACTICED BY A PHYSICIAN OR upon his adversary or both combatants in any other
MIDWIFE IN DISPENSING OF ABORTIVES case, as principals.
2. The seconds, as accomplices.
Elements:
1. That there is a pregnant woman who has suffered an Duel
abortion; A formal or regular combat previously concerted between
2. That
3. That the
the abortion
offender,iswho
intended;
must be a physician or midwife, two parties
lawful age onineach
the presence
side, who of two the
make or selection
more seconds of
of arms
causes, or assists in causing the abortion; and and fix all other conditions of the fight.
4. That said physician or midwife takes advantage of his
or her scientific knowledge or skill. Seconds
The persons who make the selection of the arms and fix
The penalties provided for intentional abortion shall be the other conditions of the fight.
imposed in the maximum period upon the physician or
midwife. They are severely punished because they incur a Self defense cannot be invoked if there was a pre-
heavier guilt in making use of their knowledge for the concerted agreement to fight, but if the attack was made
destruction of human life, where it should be used only for by the accused against his opponent before the appointed
its preservation. place and time, there is an unlawful aggression, hence
self-defense can be claimed.
If abortion was not intended or was a result of a mistake,
no crime is committed. If death results, penalty is the same as that for homicide.
Note: Intentionally depriving the victim of the Loss of power to hear must be of both ears; if one ear
reproductive organ does not necessarily involve the only, such injury falls under paragraph
cutting off of the organ or any part thereof. It suffices
that it is rendered useless. Loss of use of hand or incapacity for usual work must
be permanent.
2. By intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the 3. When the person injured –
offended party, other than the essential organ for a. Becomes deformed, or
reproduction, to deprive him of that part of the body b. Loses any other member of his body, or
(mayhem). c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of
The law looks NOT only to the result but also to the the work in which he was habitually engaged for
intention or purpose of the act. Mutilation is always more than 90 days, in consequence of the physical
intentional. injuries inflicted.
The intention of the offender to deprive the victim of In paragraphs 2 and 3, the offended party must have a
the body part whether by castration or mayhem is vocation or work at the time of the injury.
essential and must thus exist in either case.
4. When the injured person becomes ill or incapacitated
Cruelty, as understood in Art 14 (21), is inherent in for labor for more than 30 days (but must not be more
mutilation and, in fact, that is the only felony where the than 90 days), as a result of the physical injuries
said circumstance is an integral part and is absorbed inflicted.
therein. If the victim dies, the crime is murder qualified 30 days < X ! 90 days
by cruelty, but the offender may still claim and prove
Paragraph 4 speaks of incapacity for any kind of A scar produced by an injury constitutes deformity
labor. within the meaning of paragraph 3 of this article.
Thus, it is always consummated and cannot be Offender has no intent to The offender has an
committed in the attempted or frustrated stage. kill the offended party. intent to kill the offended
party.
If a robbery is committed and the injured person
suffers that enumerated under numbers 3 and 4, the
crime/s committed is/are: Qualifying Circumstances:
a. Special complex crime of robbery with serious 1. Offense committed against persons enumerated in the
physical injuries – if the injured person is not crime of parricide.
responsible for the robbery. 2. With the attendance of circumstance which qualifies
b. Separate crimes of robbery and serious physical the crime to murder.
injuries – if the injured person is a robber.
HOWEVER, the “qualified penalties” are NOT applicable
There must be NO INTENT TO KILL; otherwise, the to parents who inflict serious physical injuries upon their
crime would be attempted or frustrated homicide, children by excessive chastisement.
parricide or murder, as the case maybe.
ARTICLE 264
Where the category of the offense of serious physical ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
injuries
for labor,depends on the
there must period of of
be evidence illness or incapacity
that length of that
period; otherwise, the offense shall only be slight Elements:
physical injuries. 1. That the offender inflicted upon another any serious
physical injury;
Serious physical injuries may be committed by 2. That it was done by knowingly administering to him any
reckless imprudence or by simple imprudence or injurious substances or beverages or by taking
negligence under Art. 365 in relation to Art. 263. advantage of his weakness of mind or credulity; and
3. That he had no intent to kill.
Insanity
Means loss of reason or will; failure to determine right It is frustrated murder if there was intent to kill.
from wrong; failure to perceive things as they are.
“Administerin g injurious substance”
Lessening of efficiency due to injury is not incapacity. Means introducing into the body the substance.
Work If the accused did not know of the injurious nature of the
Includes studies or preparation for a profession. substances he administered, he shall not be liable under
this Aricle.
Requisites of deformity: Art. 264 does not apply when the physical injuries that
1. Physical ugliness; result are less serious or light, they will be treated under
2. Permanent and definite abnormality; and Art. 265 or 266 , as the case may be.
3. Must be conspicuous and visible.
ARTICLE 265
The injury to cause deformity is one that cannot be LESS SERIOUS PHYSICAL INJURIES
replaced by nature.
Elements:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs without causing a dishonor.
medical attendance for the same period; and
10 days ! X ! 30 days When there is no evidence of actual injury, it is only slight
2. The physical injuries must not be those described in physical injuries.
the preceding articles.
Supervening event converting the crime into serious
Qualified Less Serious Physical Injuries: physical injuries after the filing of the information for slight
1. A fine not exceeding P500, in addition to arresto physical injuries can still be the subject of a new charge.
mayor , shall be imposed for less serious physical
injuries when: If physical injuries were inflicted with an intent to insult or
a. There is manifest intent to insult or offend the injured humiliate the injured person, the intent to insult or
person; or humiliate shall be:
b. There are circumstances adding ignominy to the
offense. Considered as an aggravating circumstance of ignominy
2. A higher penalty is imposed when the victim is either: in case of serious physical injuries.
a. The offender’s parent, ascendant, guardian, curator
or teacher; or Considered in increasing the penalty and qualifying the
b. Persons of rank or persons in authority, provided crime in case of less serious physical injuries.
the crime is not direct assault.
Separate crime of slander by deed in case of slight
The law includes 2 subdivisions, to wit: physical injuries.
1. The inability for work; and
2. The necessity for medical attendance Physical Injuries Mutilation
No SPECIAL There is a SPECIAL
Therefore, although the wound required medical INTENTION to clip INTENTION to clip off
attendance for only 2 days, yet, if the injured party was off some part of the some part of the body so
prevented from attending to his ordinary labor for a period body so as to deprive as to deprive him of such
of 29 days,as less
denominated the serious.
physical injuries sustained are he offended party of part.
such part.
What acts are punishable: All acts so long as it caused likely to result in physical, sexual, psychological harm or
physical injuries at the very least. suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary
Persons liable: deprivation of liberty. It includes, but is not limited to, the
1. Officers and members of the fraternity, sorority or following acts:
organization who actually participated in the infliction of 1. "Physical Violence" refers to acts that include bodily or
physical harm shall be liable as principals – if the physical harm;
person subjected to hazing suffers any physical injury or 2. "Sexual violence " refers to an act which is sexual in
dies as a result thereof. nature, committed against a woman or her child. It
2. Owner of the place where the hazing is conducted shall includes, but is not limited to:
be liable as an accomplice – when he has actual a. rape, sexual harassment, acts of lasciviousness,
knowledge of the hazing conducted therein but failed to treating a woman or her child as a sex object,
take any action to prevent the same from occurring. making demeaning and sexually suggestive
3. Parents shall be liable as principals – when they have remarks, physically attacking the sexual parts of
actual knowledge of the hazing conducted in the home the victim's body, forcing her/him to watch obscene
of one of the officers or members of the fraternity, publications and indecent shows or forcing the
sorority or organization, but failed to prevent the same. woman or her child to do indecent acts and/or
4. School authorities and faculty members shall be liable make films thereof, forcing the wife and
as accomplices – when they consent to the hazing or mistress/lover to live in the conjugal home or sleep
have actual knowledge thereof, but failed to take any together in the same room with the abuser;
action to prevent the same from occurring. b. acts causing or attempting to cause the victim to
5. Officers, former officers or alumni of the organization, engage in any sexual activity by force, threat of
group, fraternity or sorority shall be liable as principals – force, physical or other harm or threat of physical or
if they actually planned the hazing, although not present other harm or coercion;
when the acts constituting the hazing were committed. c. Prostituting the woman or child.
6. Officers or members of the organization, group,
fraternity or sorority shall be liable as principals – if they 3. "Psychological violence " refers to acts or omissions
knowingly
inducing thecooperated
victim to beinpresent
carrying out the hazing by
thereat. causing
of or likely
the victim to cause
such as butmental or emotional
not limited suffering
to intimidation,
7. The fraternity or sorority’s adviser shall be liable as harassment, stalking, damage to property, public
principal - if he was present when the acts constituting ridicule or humiliation, repeated verbal abuse and
the hazing were committed and failed to take any action mental infidelity. It includes causing or allowing the
to prevent the same. victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim
The presence of “any person” (i.e. whether or not member belongs, or to witness pornography in any form or to
of the fraternity/sorority) during the hazing is prima facie witness abusive injury to pets or to unlawful or
evidence of participation therein as a principal UNLESS unwanted deprivation of the right to custody and/or
he prevented the commission of the prohibited acts. visitation of common children.
4. "Economic abuse " refers to acts that make or attempt to
The mitigating circumstance that there was no intention to make a woman financially dependent which includes,
commit so grave a wrong shall NOT APPLY (Sec. 4, par. but is not limited to the following:
e, R.A. No. 8049) . a. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
REPUBLIC ACT NO. 9262 occupation, business or activity, except in cases
ANTI-VIOLEN CE AGAINST
CHILDREN ACTWOMEN
OF 2004 AND THEIR wherein and
serious the moral
other spouse/partner objects
grounds as defined on valid,
in Article 73
of the Family Code;
Violence against women and their children refers to b. deprivation or threat of deprivation of financial
any act or a series of acts committed by any person resources and the right to the use and enjoyment of
against a woman who is his wife, former wife, or against a the conjugal, community or property owned in
woman with whom the person has or had a sexual or common;
dating relationship, or with whom he has a common child, c. destroying household property;
or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
d. controlling the victims' own money or properties or a. Stalking or following the woman or her child in
solely controlling the conjugal money or properties public or private places;
(Sec 3). b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
Punishable Acts will;
The crime of violence against women and their children is d. Destroying the property and personal belongings or
committed through any of the following acts: inflicting harm to animals or pets of the woman or
1. Causing physical harm to the woman or her child; her child; and
2. Threatening to cause the woman or her child physical e. Engaging in any form of harassment or violence;
harm; 9. Causing mental or emotional anguish, public ridicule or
3. Attempting to cause the woman or her child physical humiliation to the woman or her child, including, but
harm; not limited to, repeated verbal and emotional abuse,
4. Placing the woman or her child in fear of imminent and denial of financial support or custody of minor
physical harm; children of access to the woman's child/children
5. Attempting to compel or compelling the woman or her (Sec.5).
child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct CHAPTER THREE: RAPE
which the woman or her child has the right to engage (ARTS. 266-A – 266-D)
in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by ARTICLE 266-A
force or threat of force, physical or other harm or threat THE ANTI-RAPE LAW (RA 8353)
of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not Classification of Rape
limited to, the following acts committed with the 1. Traditional Rape under Art. 335 – carnal knowledge of
purpose or effect of controlling or restricting the a woman against her will; in this case, the offender is
woman's
a. or her child's
Threatening movement
to deprive or conduct:
or actually depriving the always
woman. a man and the offended party is always a
woman or her child of custody to her/his family; 2. Sexual Assault under R.A. 8353 – this is committed
b. Depriving or threatening to deprive the woman or when the offender inserts his penis to another person’s
her children of financial support legally due her or mouth or anal orifice or by inserting an instrument or
her family, or deliberately providing the woman's object into the genital or anal orifice of another person.
children insufficient financial support; The offender and the offended party can either be a
c. Depriving or threatening to deprive the woman or man or a woman in the case of the insertion of any
her child of a legal right; instrument or object.
d. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or How rape is committed:
controlling the victim's own mon4ey or properties, 1. By a man who shall have carnal knowledge of a
or solely controlling the conjugal or common woman under any of the following circumstances:
money, or properties; a. Through force, threat or intimidation;
6. Inflicting or threatening to inflict physical harm on b. When the offended party is deprived of reason or
oneself for the purpose of controlling her actions or otherwise unconscious;
decisions; c. By means of fraudulent machinations or grave abuse
7. Causing
to engage or attempting to cause
in any sexual the woman
activity which or her child
does not d. ofWhen
authority;
the offended party is under twelve (12) years
constitute rape, by force or threat of force, physical of age or is demented, even though none of the
harm, or through intimidation directed against the circumstances mentioned above be present.
woman or her child or her/his immediate family ;
8. Engaging in purposeful, knowing, or reckless conduct, Elements:
personally or through another, that alarms or causes a. That the offender is a man;
substantial emotional or psychological distress to the b. That the offender had carnal knowledge of a woman;
woman or her child. This shall include, but not be and
limited to, the following acts: c. That such act is accomplished under any of the
following circumstances: penetration of the sexual organ and not merely a brush or
i. By using force, threat or intimidation; or graze of its surface (People v. Dela Cruz, GR No. 180501,
ii. When the woman is deprived of reason or December 24, 2008).
otherwise unconscious; or
iii. By means of fraudulent machination or grave There is NO crime of FR USTRATED RAPE. The slightest
abuse of authority; or penetration or mere touching of the genitals consummates
iv. When the woman is under 12 years of age or the crime of rape.
demented.
Notes: The offender must not have known that the There is ATTEMPTED RAPE when there is no penetration
victim is demented, otherwise qualified rape is of the female organ because not all the acts of execution
committed. were performed. However, there must be an intention to
have carnal knowledge of the woman against her will.
Circumstance (iv) does not only pertain to
chronological age but also to mental age ( People vs. Acknowledgment of the consummated act is not
Atento, G.R. No. 84728 April 26, 1991). considered giving of consent.
2. By any person who, under any of the circumstances In Statutory Rape (when the girl is under 12 years of age),
mentioned in paragraph 1, shall commit an act of the offender’s knowledge of the victim’s age is
sexual assault by inserting his penis into another IMMATERIAL.
person’s mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another When the girl is under 12 years of age, rape is committed
person. although she consented to the sexual act or even if the
girl is a prostitute. The law does not consider that kind of
Elements: consent as voluntary, as the offended party under 12
a. That the offender commits an act of sexual assault; years of age cannot have a will of her own.
b. That the act of sexual assault is committed by any
of the following means: If the offended woman is below 12 years of age, it is
i. mouth
By inserting his penis
or anal orifice; or into another person’s always
age rape. Her mental,
is considered. Thus, itand notrape
is still onlyif the
the chronological
woman is 13
ii. By inserting any instrument or object into the years old with a mental capacity of a 5 year old.
genital or anal orifice of another person. Furthermore, the amendatory law has added the more
c. That the act of sexual assault is accomplished glaring and unfortunate situation of a demented girl.
under any of the circumstances enumerated under Example: 31 year old mental retardate with the mental
the first act of committing rape. capacity of a 5-year-old (People vs. Manlapaz, G.R. No.
L-41819, Feb. 28, 1978).
Under R.A. 8353, the crime of rape can now be committed
by a male or a female. Force employed against the victim of rape need not be of
such character as could not be resisted. It is enough that
To be CONSUMMATED, it is not essential that there be a the force used is sufficient to consummate the culprit’s
complete penetration of the female organ, neither is it purpose of copulating with the victim.
essential that there be a rupture of the hymen.
The test is whether the threat or intimidation produces a
However, there must be sufficient and convincing proof reasonable fear in the mind of victim that if she resists or
that the penis indeed touched the labias or slid into the does not yield to the desires of thee accused, the threat
female organ,
thereof, for theand not merely
accused to bestroked theofexternal
convicted surface
consummated would be carried out.
rape. Absent of any showing of the slightest penetration of If the woman contributed in some way to the
the female organ, it can only be attempted rape, if not acts consummation of the act, this may constitute an offense
of lasciviousness (People vs. Campuhan, G.R. No. other than rape.
129433, March 30, 2000 ).
Intimidation
For a charge for rape by sexual assault with the use of Includes the moral kind; Intimidation must be viewed in
one’s fingers or any other object to be consummated, light of the victim’s perception and judgment at the time of
there should be evidence of at least the slightest rape and not by any hard and fast rule.
theWhen
1. following:
rape is committed with the use of a deadly 13. crime;
When the offender knew of the mental disability,
weapon or by two or more persons; emotional disorder and/or physical disability of the
2. When by reason or occasion of rape, the victim has offended party at the time of the commission of the
become insane; crime.
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of rape Rape with homicide is a special complex crime, but when
(special complex crime); homicide is committed NOT by reason or on the occasion
4. When by reason of or on occasion of rape, homicide is of rape, there is no special complex crime of rape with
committed (special complex crime); homicide.
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian, ARTICLE 266-C
relative by consanguinity or affinity within the third civil EFFECT OF PARDON
degree, or the common law spouse of the parent of the
victim; Effects of pardon:
1. The subsequent valid marriage between the offender
The statement that the victim “is the minor daughter” of and the offended party shall extinguish:
the offendermust
information is not
stateenough.
the exactIt age
is essential that
of the victim the
at the a. The
b. The penalty
criminalalready
action orimposed.
time of the commission of the crime ( People v.
Baniguid , G.R. No. 137714, Sept. 8, 2000). 2. The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the
The relationship of stepdaughter and stepfather penalty, PROVIDED that the crime shall not be
presupposes a legitimate relationship between the extinguished or the penalty shall not be abated if the
victim’s mother and the offender, i.e., they were married marriage is void ab initio . This is an exception to the
after the marriage of the victim’s mother to her father rule that forgiveness by the offended party shall not
was dissolved ( People vs. Melendres , G.R. 133999- extinguish the penal action in crimes against persons.
2. him/her
Where the offended
incapable party his/her
of giving is so situated
consent.as to render of his tender age ( People v. Acosta, 60 O.G. 6999 ).
When Death Penalty is imposed
1. If the purpose is to extort ransom;
TITLE NINE: CRIMES AGAINST
Ransom
PERSONAL LIBERTY AND SECURITY
It is the money, price, or consideration paid or
demanded for redemption of a captured person or
persons, a payment that releases from captivity.
SECTION ONE: ILLEGAL DETENTION
2. When the victim is killed or dies as a consequence of
ARTICLE 267 the detention;
KIDNAPPING AND SERIOUS 3. When the victim is raped; or
ILLEGAL DETENTION 4. When the victim is subjected to torture or dehuma nizing
acts.
Elements:
1. That the offender is a private individual who is not any The essence of the crime of kidnapping is the actual
of the parents
Ponce, of171653,
G.R. No. the victim nor24,
April a 2007);
female; ( People vs. deprivation
the accusedof to
theeffect
victim’s
it liberty
(Peoplecoupled with theG.R.
v. Pavillare intent
No.of
2. That he kidnaps or detains another, or in any other 129970, April 5, 2000).
manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal; If the person killed, tortured or raped is not the same
and victim of kidnapping or detention, the crimes may be
The detention is illegal when not ordered by competent complexed or considered as separate offenses.
authority or not permitted by law.
4. That in the commission of the offense, any of the The essential element or act which makes the offense
following circumstances is present: kidnapping is the deprivation of an offended party’s liberty
Elements:
Delay in the Delivery of Unlawful Arrest
1. That a minor (less than 18 years old) is living in the
Detained Persons
home of his parents or guardian or the person entrusted
Detention is for some legal Detention is not with his custody; and
ground authorized by law 2. That the offender induces said minor to abandon such
home.
Committed by
Committed by failing to
making an arrest Inducement must be (a) actual, (b) committed with
deliver such person to the
not authorized by criminal intent and (c) determined by a will to cause
proper judicial authority
law damage.
within a certain period
Father or mother may commit crimes under Arts. 270 & Elements:
271 – where they are living separately and the custody of 1. That the offender compels a debtor to work for him,
the minor children has been given to one of them. either as household servant or farm laborer;
2. That it is against the debtor’s will; and
It is not necessary that the minor actually abandons the 3. That the purpose is to require or enforce the payment
home. of a debt.
The minor should not leave his home on his own free will Note: Creditor-Debtor relationship between the offender
(People v. Ricarte C.A. 49 O.G. 974). and the offended party must exist, otherwise, the crime
committed is coercion.
SECTION THREE:
SLAVERY AND SERVITUDE There is no violation of this article if a debtor is compelled
to work as an office janitor because this article specifically
ARTICLE 272 provides that the debtor is compelled to work as a
SLAVERY household servant or farm laborer ( Reyes, The Revised
Penal Code Book II, 17 th ed., 2008 p. 597) .
Elements:
1. That the offender purchases, sells, kidnaps or detains a Services Rendered
human being; and Exploitation of Child
under Compulsion in
2. That the purpose of the offender is to enslave such Labor
Payment of Debt
human being.
Victim is a minor Does not distinguish
Qualifying circumstance: When the purpose of the whether the victim is a
minor or not
offender is to assign the offended party to some immoral
traffic. Minor is compelled to Debtor himself is the
render services for the one compelled to work
If the victim is female, the crime committed may be that supposed debt of his for the offender.
under Art. 341 or white slave trade. parent or guardian.
The purpose must be determined, if the purpose is to Service of minor is not Limited to household
enslave the victim, it is slavery; otherwise, it is kidnapping limited to household and farm work.
or illegal detention. and farm work.
If in other capacities,
ARTICLE 273 crime committed may
EXPLOITATION OF CHILD LABOR be coercion.
Elements:
1. That the offender retains a minor in his service; CHAPTER TWO: CRIMES AGAINST
2. That it is against the will of the minor; and SECURITY
(ARTS. 275-289)
3. That it is under pretext of reimbursing himself of a debt
incurred
with by an ascendant,
the custody guardian or person entrusted
of such minor. SECTION ONE: ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
Note the phrase “ against the (minor’s) latter’s will”; hence,
if the minor consents to the offender’s retaining his ARTICLE 275
services, there is no violation of this article. ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM
Acts punished:
1. By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in to crimes against persons, and not to crimes against
danger of dying when he can render such assistance security, particularly the crime of abandoning a minor
without detriment to himself, unless such omission under Art. 176 .
shall constitute a more serious offense.
If the intent in abandoning the child is to lose its civil
Elements: status, the crime under Art. 347 (concealment or
a. The place is uninhabited; abandonment of a legitimate child) is committed.
b. The accused found there a person wounded or in
danger of dying; Circumstances Qualifying the Offense:
c. The accused can render assistance without 1. When the death of the minor resulted from such
detriment to himself; and abandonment; or
d. The accused fails to render assistance. 2. If the life of the minor was in danger because of the
abandonment.
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or The act must be conscious and deliberate such that the
injured. abandonment deprives the child of the care and protection
from danger to his person.
3. By failing to deliver a child under seven years of age
whom the offender has found abandoned, to the ARTICLE 277
authorities or to his family, or by failing to take him to a ABANDONMENT OF MINOR ENTRUSTED WITH HIS
safe place. CUSTODY;
INDIFFERENCE OF PARENTS
there areassistance
receiving many houses around but the possibility of
is remote. absence of that one, without the consent of the proper
authorities.
The child under seven years of age must be found in an Elements of Abandonment of Minor:
unsafe place. 1. That the offender has charge of the rearing or
education of a minor;
It is immaterial that the offender did not know that the child 2. That he delivers said minor to a public instituti on
is under seven years. or other persons and;
3. That the one who entrusted such child to the
ARTICLE 276 offender has not consented to such act, or if the
ABANDONING A MINOR one who entrusted such child to the offender is
absent, the proper authorities have not consented
Elements: to it.
1. That the offender has the custody of a child;
2. That the child is under seven years of age; 2. By neglecting his (offender’s) children by not giving
3. That he abandons such child; and them the education which their station in life requires
4. That he has no intent to kill the child when the latter is and financial condition permits.
Simple Trespass to Qualified Trespass to another crime HOWEVER, if there is no overt act of crime
Dwelling Dwelling intended to be done, what is committed is trespass to
Offender enters the Offender enters the dwelling.
dwelling of another and dwelling of another
the entrance is against against the latter’s will Trespass may be committed by the owner of a dwelling
the latter’s will. and the offense is (i.e. lessor enters the house leased to another against the
committed by means of latter's will).
violence or intimidation.
If the offender is a public officer or employee, the crime
committed is violation of domicile.
Dwelling place
Means any building or structure exclusively devoted for
Cases to which the provision of this article is NOT
rest and comfort. It is not necessary that it be the
applicable:
permanent dwelling of the person.
1. If the entrance to another’s dwelling is made for the
purpose of preventing some serious harm to himself,
Determining factor of whether a building is a dwelling
the occupants of the dwelling or a third person.
depends upon the use to which it is put.
2. If the purpose is to render some service to humanity or
justice.
In general, all members of a household must be presumed
3. If the place where entrance is made is a café, tavern,
to have authority to extend an invitation to enter the
inn and other public house, while the same are open.
house.
Note: A person who believes that a crime has been
To commit trespass, the entrance by the accused should
committed against him has every right to go after the
be against the presumed/implied or express prohibition of
culprit and arrest him without any warrant even if in the
the occupant. Lack of permission does not amount to
process he enters the house of another against the latter’s
prohibition.
will. (Sec. 6, Rule 113, Rules of Court)
There is an implied prohibition when entrance is made
through means not intended for ingress. OTHERARTICLE 281TRESPASS
FORMS OF
Rule: Whoever enters the dwelling of another at late hour
Elements:
of the night after the inmates have retired and closed their
1. That the offender enters the closed premises or the
doors does so against their will. Prohibition in this case is
fenced estate of another;
presumed.
2. That the entrance is made while either of them is
uninhabited;
If a person was killed after trespass by the offender, the
3. That the prohibition to enter be manifest; and
following crimes are committed:
4. That the trespasser has not secured the permission of
a. If there was no intent to kill when he entered – separate
the owner or the caretaker thereof.
crimes of homicide or murder and qualified trespass to
dwelling.
b. If there was intent to kill when he entered – the crime of Qualified
Other Forms of
homicide/murder with dwelling as an aggravating Trespass to
Trespass
circumstance. Dwelling
Prohibition must be in existence prior to or at the time of Offender is a private The offender is any
entrance. person. person.
Prohibition is not necessary when violence or intimidation Offender enters a Offender enters closed
is employed by the offender (qualified trespass). dwelling house. premises or fenced
estate.
Violence/Intimidation may be the method by which one Place entered is Place entered is
may pass the threshold of the dwelling of another or the inhabited. uninhabited.
conduct immediately after the entrance of the offender.
Act constituting the It is the entering the property, or upon that of the latter’s family, of any
crime is entering the closed premises or the wrong;
dwelling against the will fenced estate without b. That such wrong amounts to a crime; and
of the owner. securing the c. That the threat is not subject to a condition.
permission of the
owner or caretaker The third form of grave threats must be serious in the
thereof. sense that it is deliberate and that the offender persists in
the idea involved in his threats.
Prohibition to enter is Prohibition to enter
express or implied. must be manifest.
3. By threatening another with the infliction upon his commission, the threat is absorbed by the other crime.
person, honor or property or that of his family of any If the threat was made with the deliberate purpose of
wrong amounting to a crime, the threat not being creating in the mind of the person threatened the belief
subject to a condition (without condition). that the threat would be carried into effect, the crime
committed is grave threats, and the minor crime which
Elements of Grave Threats NOT subject to a accompanied it should be disregarded.
condition:
a. That the offender threatens another person with When the offender demands the money or property on the
the infliction upon the latter’s person, honor, or spot, the crime is not grave threats BUT robbery with
exceeding
prosecuted 30fordayslight
(if
ARTICLE 283
LIGHT THREATS felony).
Note: Blackmailing may be punished under Art. 283. Where the threats are directed to a person who is absent
2. By compelling another, by means of violence, threats 2. If the coercion is committed to compel another to
or intimidation, to do something against his will, perform any religious act.
whether it be right or wrong ( Compulsive). 3. If the coercion is committed to prevent another from
performing any religious act.
Preventive Compulsive
Grave Coercion Unjust Vexation
The act prevented to The act compelled to
be done must not be be done by another
prohibited by law. against his will may or Use of violence upon
may not be prohibited the offended party in There is no violence or
by law. preventing
compelling or
him to do intimidation.
When PREVENTING is not considered Coercion: something against his
Under Art. 132 : When a public officer prevents the will.
ceremonies of a religious group.
Under Art. 143: When a person prevents the meeting of a Grave Coercion Illegal Detention
legislative assembly.
Intent to deprive the Intent to deprive is
Under Art. 145 : When a person prevents a member of offended party of his present.
Congress from attending meetings, expressing his liberty is not clear (i.e.
opinions or casting his vote through the use of force or may freely leave the
intimidation. house but is compelled
to return).
Under Article 287: When the violence is employed to seize
anything belonging to the debtor of the offender. Maltreatment of
Grave Coercion
Prisoners
In grave
made coercion,
at the theoffended
time the act of preventing
party was by force
doing or must
aboutbe
to If the offended party is If the offended party is
do the act to be prevented. If the act was already done not a prisoner, a prisoner, extracting
when violence is exerted, the crime is unjust vexation. extracting information information using force
(People vs. Madrid, C.A., 53 O.G. 711 ) using force or or intimidation is
intimidation is coercion. maltreatment.
When COMPELLING is not considered Coercion:
Under Art. 127 : When a public officer compels a person to There is no grave coercion where the accused acted in
change his residence. good faith in the performance of his duty.
Under Art. 267 : When a person kidnaps his debtor to Coercion is always consummated even if the offended
compel him to pay. party did not accede to the purpose of the coercion.
Unjust Vexation (Art. 287, par. 2) Inducing an employee to give up any part of his wages by
Includes any human conduct which although not force, stealth, intimidati on, threat or by any other means is
productive of some physical or material harm would, unlawful under Art. 116 of the Labor Code, not under the
however, unjustly annoy or vex an innocent person. RPC. Wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons, or any
In determining whether the crime of unjust vexation is other form alleged to represent legal tender is absolutely
committed, the offender's act must have caused prohibited even when expressly requested by the
annoyance, irritation, vexation, torment, distress or employee.
disturbance to the mind of the person to whom it is
directed. ARTICLE 289
FORMATION, MAI NTENANCE, & P ROHIBITION OF
It is distinguished from grave and light coercions by the COMBINATION OF CAPITAL OR LABOR THROUGH
absence of violence. VIOLENCE OR THREATS
Elements:
a. That the offender pays the wages due a laborer or officer
2. That henot in the
seizes theexercise
papers orofletters
his official function;
of another;
employee employed by him by means of tokens or 3. That the purpose is to discover the secrets of such
objects; other person; and
b. That those tokens or objects are other than the 4. That the offender is informed of the contents of the
legal tender currency of the Philippines; and papers or letters seized.
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
lucrandi ); and
4. That there is violence against or intimidation of any Thus, if the property turns out to be the offender’s own
person or force used upon things . property, an impossible crime is committed.
If there was no intent to gain, estafa or coercion may be
Personal property committed.
As long as the personal property does not belong to the Violence or Intimidati on
accused who has a valid claim thereover, it is immaterial Must be present BEFORE the taking of personal property
whether said offender stole it from the owner, a mere is complete. But when the violence results in homicide,
possessor, or even a thief of the property. rape, intentional mutilation or any of the serious physical
injuries penalized in Par. 1 and 2 of Art 263, the taking of
The property taken must be personal property, for if real the personal property is robbery complexed with any of
property is occupied or real right is usurped by means of those crimes under Art. 294, even if the taking was
violence against or intimidation of persons, the crime is already complete when the violence was used by the
usurpation (Reyes, p. 653). offender.
Classification of personal property under the Civil Code Art. 294 applies only where robbery with violence against
does not apply. The test is whether or not the object is or intimidation of persons takes place without entering an
susceptible of appropriation and transportation inhabited house under the circumstances in Art. 299.
(Regalado). When both circumstances are present, the offense shall
be considered as a complex crime under Art. 48, and the
Prohibited articles may be the subject matter of robbery. penalty shall be for the graver offense in the maximum
period ( Napolis v. CA, No. L- 28865, Feb 28, 1972).
Unlawful taking
1. Unlawful taking means appropriating a thing belonging If it is the owner who forcibly takes the personalty from its
to another and placing it under one's control or lawful possessor, the crime is estafa under Art. 316(3)
possession. since the former cannot commit robbery on his own
2. Unlawful taking is COMPLETE: property even if he uses violence or intimidation.
a. persons
Robber y —with violence
offender has against
already or
the intimidation
possession of
of Whenever violence against or intimidation of any person is
the thing even if he has no opportunity to dispose of used, the taking of personal property is always robbery. If
it. there is no violence or intimidation, but only force upon
b. Robbery with force upon things — the thing must be things, the taking is robbery only if the force is used either
brought outside the building for consummated to enter the building or to break doors, wardrobes, chests,
robbery to be committed. or any other kind of locked or sealed furniture or
receptacle inside the building or to force them open
Intent to gain outside after taking the same from the building.
Intent to gain is presumed from the unlawful taking of
personal property. In the absence of this element, the crime committed is
theft.
The elements of “personal property belonging to another”
and that of “intent to gain” must concur. Intimidation does not need to be physical since it can also
be psychological.
If the accused, with intent to gain, took from another,
personal property which turned out to be his own property, To determine the number of robberies committed, check if
the property
liable not belonging
for robbery; even if intothe
another, he accused
taking the cannot be held
used all the elements
different means ofof robbery based
committing the on the are
crime provisions
present.of Ifthe
in
violence against or intimidation of person, or force upon each case, the elements of a certain kind of robbery are
anything. present, then it constitutes one count of robbery already.
SECTION ONE: ROBBERY WITH VIOLENCE AGAINST These offenses are known as SPECIAL COMPLEX
OR INTIMIDATION OF PERSONS CRIMES. Crimes defined under this article are the
following:
ARTICLE 294 1. Robbery with homicide
ROBBERY WITH VIOLENCE AGAINST OR 2. Robbery with rape
INTIMIDATI ON OF PERSONS 3. Robbery with intentional mutilation
4. Robbery with arson
Acts Punished: 5. Robbery with serious physical injuries
1. (a) When by reason or on occasion of the robbery, the
crime of homicide is committed; (b) or when the robbery Robbery with Homicide
is accompanied by rape or intentional mutilation or The term “homicide” is used in its generic sense and
arson. includes any kind of killing, whether parricide or murder or
where several persons are killed and the name of this
2. When by reason or on occasion of such robbery any of special complex crime shall remain as robbery with
the physical injuries resulting in insanity, imbecility, homicide. The qualifying circumstance (e.g. treachery in
impotency or blindness is inflicted. (subdivision 1 of Art. murder) will only become an aggravating circumstance.
263)
The juridical concept of robbery with homicide does not
3. When by reason or on occasion of robbery, any of the limit the taking of life to one single victim. All the
physical injuries penalized in subdivision 2 of Art. 263 is homicides or murder are merged in the composite,
inflicted. integrated whole that is robbery with homicide so long as
When the person injured – all the killings were perpetrated by reason or on the
a. Loses the use of speech or the power to hear or to occasion of the robbery ( People vs. Madrid, G.R. No. L-
smell, or loses an eye, a hand, a foot, an arm, or a 3023, January 3, 1951).
leg;
b. Loses the use of any such member; or Homicide may precede robbery or may occur after
c. Becomes incapacitated for the work in which he was robbery. What is essential is that the offender must have
thereforeinjuries
physical habitually engaged, in consequence of the
inflicted; intent to take personal property before the killing.
Where the offender’s intention to take personal property of
4. (a) If the violence or intimidation employed in the the victim arises as an afterthought, where his srcinal
commission of the robbery is carried to a degree clearly intent was to kill, he is guilty of two separate crimes of
unnecessary for the commission of the crime; or (b) homicide or murder, as the case may be, and theft.
When in the course of its execution , the offender shall
have inflicted upon ANY PERSON NOT The phrase “by reason” covers homicide committed
RESPONSIBLE FOR ITS COMMISSION physical before or after the taking of personal property of another,
injuries covered by subdivisions 3 and 4 of Art. 263. as long as the motive of the offender in killing is to deprive
When the person injured – the victim of his personal property which is sought to be
a. Becomes deformed; or accomplished by eliminating an obstacle, killing a person
b. Loses any other member of his body; or after robbery to do away with a witness or to defend the
c. Loses the use thereof; or possession of the stolen property.
d. Becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for more There is robbery with homicide even if the person
than 90 days, in consequence of the physical injuries
inflicted;
e. When theorinjured person becomes ill or incapacitated ifkilled was
it was a of
one bystander and notThe
the offenders. thelaw
person
doesrobbed or even
not require the
for labor for more than 30 days (but must not be more victim of the robbery be also the victim of homicide.
than 90 days), as a result of the physical injuries
inflicted. Robbery with homicide exists even if the death of the
5. If the violence employed by the offender does not cause victim supervened by mere accident. It is sufficient that a
any of the serious physical injuries defined in Art. 263, homicide resulted by reason or on the occasion of the
or if the offender employs intimidation only. (simple robbery. (People v. Mangulabnan, G.R. No. L-8919,
robbery) September 28, 1956).
crimes ofNo.
CA-G.R. rape and unjust
6342-R, vexation.
November ( People
26, 1951 ). vs. Villarino, that any offorthem
responsible was inflicted
the commission uponrobbery.
of the any person not
All the robbers may be held liable for robbery with rape Simple Robbery
even if not all of them committed the crime of rape based Par. 5 is known as simple robbery because they only
on the concept of conspiracy. (People vs. Balacanao, involve slight or less serious physical injuries, which are
G.R. No. 118133, February 28, 2003) absorbed in the crime of robbery as an element thereof.
Par 1 of this article also applies even if the victim of the Violence or intimidation may enter at any time before the
rape committed by the accused was herself a member of owner is finally deprived of his property. This is so
the gang of robbers. because asportation is a complex fact, a whole divisible
into parts, a series of acts, in the course of which personal
Note: There is no crime of Robbery with Multiple violence or intimidation may be injected.
Homicide or Robbery with Multiple Counts of Rape.
Although there be more than one instance of
homicide/murder or rape, they shall be considered as Threats to Extort Robbery thru
embraced under one special complex crime of either Money Intimidation
Robbery with Homicide or Robbery with Rape. Intimidation is Intimidation is actual
Neither shall the additional rape/s or homicide/s be conditional or future. and immediate.
considered aggravating. Unless and until a law is passed Intimidation may be Intimidation is personal.
providing that the additional rape/s (or homicide/s) may be through an intermediary.
considered aggravating, the Court must construe the
penal law in favor of the offender as no person may be Intimidation may refer to Intimidation is directed
brought within its terms if he is not clearly made so by the person, honor or only to the person of the
statute (People vs. Sultan , G. R. No. 132470, April, 27, property of the offended victim.
2000). party or of his family.
The gain of the culprit is The gain of the culprit is subdivision 1 of Art. 263 (Par. 2), despoblado and
not immediate. immediate. cuadrilla will each be considered only as a generic
aggravating circumstance.
3. By attacking a moving train, street car, motor vehicle, or PD 1866 penalizes illegal possession of firearm in addition
airship; or
4. By entering the passengers’ compartments in a train, or to criminal liability for robbery by a band. Under R.A. No.
in any manner taking the passengers by surprise in their 8294, the use of unlawful firearms in murder and homicide
respective conveyances; or is now considered not as a separate crime but merely a
5. On a street, road, highway, or alley, and the intimidation special aggravating circumstance.
is made with use of firearms, the offender shall be
punished by the maximum period or the proper Use of unlicensed firearm by a band in the commission of
penalties prescribed in Art. 294. robbery with physical injuries cannot be offset by a
generic mitigating circumstance.
This article provides for five special aggravating
circumstances which, because they impose the penalty in Requisites for liability for the acts of other members
the maximum period and cannot be offset by a generic of the band:
mitigating circumst ance, are also considered as qualifying 1. He was a member of the band;
circumstances. 2. He was present at the commission of a robbery by that
band;
3. The other members of that band committed an assault;
Robbery with Robbery in an
Violence Against or Uninhabited Place anddid not attempt to prevent the assault.
4. He
Intimidation of and by a Band
Persons
Robbery by a band - all are liable for any assault
Despoblado and en Both must concur. committed by the band, unless the others attempted to
cuadrilla need not prevent the assault.
concur.
Proof of conspiracy is not necessary when four or more
If the crime committed is robbery with homicide, rape, armed persons committed robbery.
mutilation or arson (Par. 1) or with physical injuries under
The circumstance that the robbery was committed by a injuries must be employed as a necessary means of
band would only be appreciated as an ordinary committing robbery.
aggravating circumstance in Robbery with Homicide. No
such crime as robbery with homicide in band (People vs. ARTICLE 298
Apduhan, Jr., G.R. No. L-19491, August 30, 1968). EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDA TION
ARTICLE 297
ATTEMPTED AND FRUSTRATED ROBBERY Elements:
COMMITTED UNDER CERTAIN CIRCUMSTANCES 1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or
Special Complex Crime: When by reason or on occasion deliver any public instrument or document; and
of an attempted or frustrated robbery, a homicide is 3. That the compulsion is by means of violence or
committed. intimidation.
“Homicide” under this article is also used in its generic Art. 298 is not applicable if the document is void (Reyes,
sense – to include any other unlawful killing. However, if p. 698).
the killing legally constituted murder or parricide, the
offense will continue to be covered by Art. 297 with the SECTION TWO: ROBBERY WITH THE USE OF FORCE
technical name stated therein, but the penalty shall be for UPON THINGS
murder or parricide because Art. 297 states, “unless the
homicide (killing) committed shall deserve a higher ARTICLE 299
penalty under this Code.” ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
The penalty is the same whether the robbery is attempted
or frustrated. Elements: (Subdivision A)
1. The offender entered
If homicide is not consummated, the crimes of robbery a. an inhabited house;
and
1. attempted
May or frustrated
be complexed (Articlehomicide:
48); or b.
c. aanpublic building;
edifice devotedorto religious worship;
2. Considered as separate crimes; or 2. The entrance was effected by any of the following
3. Considered as one crime, one absorbing the other. means:
a. Through an opening not intended for entrance or
If physical injuries were inflicted on the victim, but no egress; or
intent to kill was proved and the victim did not die, the b. By breaking any wall, roof, floor, door, or window; or
liability of the offender may be as follows: c. By using false keys, picklocks or similar tools; or
1. If the physical injuries were by reason of the attempted d. By using any fictitious name or pretending the
or frustrated robbery as the means for the commission exercise of public authority.
of the latter, the injuries are absorbed by the latter and 3. That once inside the building, the offender took
the crime shall only be attempted or frustrated robbery. personal property belonging to another with intent to
2. If the physical injuries were inflicted only on the gain.
occasion of the aborted robbery but not employed as a
means of committing the latter, these will be separate Any of the four means described in subdivision (a) of Art.
crimes of attempted or frustrated robbery and physical 299 must be resorted to by the offender TO ENTER a
injuries. house, not to get out.
3. that
If both killing and
occasion, physical
the crime will injuries were in
be penalized committed on
accordance The wall broken must be an outside wall, not a wall
with Art. 297 but the physical injuries will be absorbed. between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering.
When the offense committed is attempted or frustrated
robbery with serious physical injuries, Art. 48 is applicable, But if a room is occupied by a person as his separate
since the felony would fall neither under Art. 294 which dwelling, the breaking of the room’s wall may give rise to
covers consummated robbery with homicide nor under robbery.
Art. 297 which covers attempted or frustrated robbery with
homicide. However, for Art. 48 to apply, serious physical
The whole body of the culprit must be inside the building Dependencies of an inhabited house, public building
to constitute entering. or building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
Not every physical force exerted by the offender is coachhouses, stables, or other departments or enclosed
covered by Art. 299, hence breaking store windows to places
steal something but without entry , is only theft . 1. Contiguous to the building or edifice ,
2. Having an interior entrance connected therewith , and
Elements: (Subdivision B) 3. Which form part of the whole.
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the Orchards and other lands used for cultivation or
circumstances under which he entered it. production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
2. The offender takes personal property belonging to building and having direct connection therewith.
The term door under this subdivision refers only to doors Elements :
lids or opening sheets of furniture or other portable 1. That the offender entered an uninhabited place or a
receptacles – NOT to outside doors of house or building. building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
It is estafa or theft , if the locked or sealed receptacle is not 2. That any of the following circumstances was present:
forced open in the building where it is kept or taken a. The entrance was effected through an opening not
When the property taken is a mail matter during any of the CHAPTER TWO: BRIGANDAGE
robberies defined in Arts. 294, 295, 297, 299, 300 & 302 , (ARTS. 306-307)
the penalties next higher than those provided in said
articles shall be imposed. PRESIDENTI AL DECREE 532
Modified Arts. 306 & 307
The taking of large cattle is now punished under P.D. No.
533. Definition of Terms (Section 2)
Philippine waters
ARTICLE 303 Refer to all bodies of water, such as but not limited to
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN seas, gulfs, bays around, between and connecting each of
2. adopted
That such picklocks
to the or of
commission similar tools
robbery; andare specially or other parts
Philippines usedthereof, or railway
by persons, or railroad
or vehicles, within the
or locomotives
3. That the offender does not have lawful cause for such or trains for the movement or circulation of persons or
possession. transportation of goods, articles, or property or both.
Elements: Brigandage
1. The robbery should take place along the Philippine A crime committed by more than three armed persons
highway; who form a band of robbers for the purpose of committing
2. The act of robbery must be indiscriminate . It should not robbery in the highway or kidnapping persons for the
be an isolated case; and purpose of extortion or to obtain ransom, or for any other
3. The victim was not predetermined. The robbery must be purpose to be attained by means of force and violence.
directed not only against specific, intended or perceived
victims, but against any and all prospective victims . Elements:
1. There be at least four armed persons;
Any person who aids or protects highway robbers or abets 2. They formed a band of robbers; and
the commission of highway robbery or brigandage shall be 3. The purpose is any of the following:
considered as an ACCOMPLICE. a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to
The object of the decree is to deter and punish lawless obtain ransom; or
elements who commit acts of depredation upon persons c. To attain by means of force and violence any other
and properties of innocent and defenseless inhabitants purpose.
who travel from one place to another thereby disturbing
the peace and tranquility of the nation and stunting the Presumption of law as to brigandage:
economic and social progress of the people (People v. All are presumed to be highway robbers or brigands, if
Pulusan, G.R. No. 110037, May 21, 1998). any of them carries an unlicensed firearm.
A conviction for highway robbery under this decree Brigandage may be committed without the use of firearms.
requires proof that the accused were organized for the The term “armed” covers arms and weapons in general,
purpose of committing robbery indiscriminately (ibid.). not necessarily firearms.
ARTICLE 307 The finder in law can also be held liable for theft
AIDING OR ABETTING A under this paragraph.
BAND OF BRIGANDS
2. Any person who, after having maliciously damaged the
Elements: property of another, shall remove or make use of the
1. That there is a band of brigands; fruits or object of the damage caused by him.
2. That the offender knows the band to be of brigands; and 3. Any person who shall enter an enclosed estate or a field
3. That the offender does any of the following acts: where trespass is forbidden or which belongs to another
a. That he aids, abets, or protects such band of and without the consent of its owner; shall hunt or fish
brigands; upon the same or shall gather fruits, cereals, or other
b. That he gives them information on the movements of forest or farm products.
the police or other peace officers of the government; Elements:
or a. That there is an enclosed estate or a field where
c. That he acquires or receives property taken by such trespass is forbidden or which belongs to another;
brigands. b. That the offender enters the same;
c. That the offender hunts or fishes upon the same or
It shall be presumed that the person performing any of the gathers fruits, cereals, or other forest or farm
acts provided in this article has performed them products in the estate or field; and
knowingly, unless the contrary is proven. d. That the hunting or fishing or gathering of products is
without the consent of the owner.
CHAPTER THREE: THEFT
(ARTS. 308-311)
The fishing referred to in this article is not fishing in the
fishpond or fishery; otherwise it is qualified theft under
ARTICLE 308 Art.310.
WHO ARE LIABLE FOR THEFT
Theft is not a continuing offense.
Theft
Is committed
without by or
violence any person who,
intimidation with intent
of persons nor to gainupon
force but In another”,
of theft, the phrase used
not “shall takeis “shall
away take
suchpersonal
property”.property
things, shall take the personal property of another without
the latter’s consent.
Theft Robbery
Elements: The offender does not use There is violence or
1. That there be taking of personal property; violence or intimidation or intimidation or force upon
2. That said property belongs to another; does not enter a house or things.
3. That the taking be done with intent to gain; building through any of the
4. That the taking be done without the consent of the means specified in Art. 299
owner; and or Art. 302 in taking
5. That the taking be accomplished without the use of personal property of
violence against or intimidation of persons or force upon another with intent to gain.
things.
It suffices that consent on It is necessary that the
Theft is likewise committed by: the part of the owner is taking is against the will
1. Any person who, having found lost property, shall fail to lacking. of the owner.
deliver
It the sametotoprove:
is necessary the local authorities or to its owner. From the moment the offender gained possession of the
a. The time of the seizure of the thing; thing, even if the culprit had no opportunity to dispose of
b. That it was a lost property belonging to another; and the same, the unlawful taking is complete ( People vs.
c. That the accused having had the opportunity to return Salvilla, GR. No. 86163, April 26, 1990).
or deliver the lost property to its owner or to the local
authorities, refrained from doing so. The ability of the offender to freely dispose of the property
stolen is not a constitutive element of the crime of theft. It
The term “lost property” embraces loss by stealing. finds no support or extension in Article 308, whether as a
descriptive or operative element of theft or as the mens
rea or actus reus of the felony (Valenzuela vs. People of Theft by domestic servant is always qualified, and it is not
the Philippines, G. R. No. 160188, June 21, 2007). necessary to show that it was committed with grave abuse
of confidence.
Theft is not limited to an actual finder of lost property who
does not return or deposit it with the local authorities but To constitute “grave abuse of confidence,” in the second
includes a policeman to whom he entrusted it and who kind of qualified theft, there must be allegation in the
misappropriated the same, as the latter is also a finder in information and proof of a relation, by reason of
law. dependence, guardianship or vigilance between the
accused and the offended party, that has created a high
Theft of electricity is also punishable under RA 7832 , the degree of confidence between them, which the accused
Anti-Electricity and Electric Transmission Lines/Materials abused. (People v. Koc Song, G.R. No. L-45043, Aug. 28,
Pilferage Act of 1994. 1936)
The offender is liable for theft of whole car taken to Motor Vehicle
another place, even if only the tires are taken away Any vehicle which is motorized using the streets which are
(People v. Carpio, 54 Phil. 48). public, not exclusively for private use, comes within the
concept of motor vehicle. It includes all vehicles propelled
ARTICLE 310 by power, other than muscular power.
3. That
4. That itthe
besaid
donetaking be the
without done with intent
owner’s to gain;
consent; Estafato only:
given If material plus juridical possession were
the offender.
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things; CATTLE RUSTLING LAW of 1974
and (P.D. 533)
6. That it be done with grave abuse of confidence (People
v. Puig, G.R. Nos. 173654-765, August 28, 2008). Cattle Rustling
Is defined as the taking away by any means, method or
Penalty for qualified theft is two degrees higher than that scheme, without the consent of the owner/raiser , of any
provided in Art. 309. large cattle whether or not for profit or gain, or whether
or shall the
extract prepare and treatthereof,
gold content such ores or the
without rocks to recover
consent or
of the Fencing is not a continuing offense. The court of the place
operator of the mining claim. where fencing was committed has jurisdiction over the
case. The place where robbery or theft took place is
Presumption: Unauthorized possession by any person insignificant.
within a mining claim or mining camp of gold-bearing ores
or rocks or of gold extracted or removed from such ores or An accessory to the crime of robbery or theft may also be
rocks shall be prima facie evidence that they have been held liable for fencing.
stolen from the operator of a mining claim (Sec. 2).
PRESIDENTI AL DECREE NO. 401 the timber stand and other products and forest growths
Penalizing the Unauthorized Installation of Water, found therein;
Electrical or Telephone Connections, the Use of 3. Grazing or causing to graze without authority livestock
Tampered Water or Electrical Meters, and other Acts in forest lands, grazing lands and alienable and
(March 1, 1974) disposable lands which have not as yet been disposed
of in accordance with Public Land Act;
Acts punished: 4. Occupying for any length of time without permit any
1. The use of tampered water or electrical meters to steal portion of the national parks system or cutting,
water or electricity; destroying, damaging, or removing timber or any
2. The stealing or pilfering of water and/or electrical species of vegetation or forest cover and other natural
meters, electric and/or telephone wires; resources found therein or mutilating, defacing, or
3. Knowingly possessing stolen or pilfered water and/or destroying objects of natural beauty or of scenic value
electrical meters and stolen or pilfered electric and/or within areas of the natural park system;
telephone wires. 5. Selling or offering for sale any log, lumber, plywood or
other manufactured wood products in the international
Theft of electricity can also be committed by any of or domestic market, unless he complies with the
the following means: grading rules established or to be established by the
1. Turning back the dials of the electric meter; Government.
2. Fixing the electric meter in such a manner that it will not
register the actual electric consumption; ARTICLE 311
3. Under-reading of electric consumption; and THEFT OF THE PROPERTY OF THE NATIONAL
4. Tightening screw or rotary blades to slow down the LIBRARY AND NATIONAL MUSEUM
rotation of the same ( People v. Relova, No. L- 45129,
March 6, 1987). Theft of property on National Library and Museum has a
fixed penalty regardless of its value. But if the crime is
PENALIZING TIMBER SMUGGLING OR ILLEGAL committed with grave abuse of confidence, the penalty for
CUTTING OF LOGS FROM PUBLIC FORESTS AND qualified theft shall be imposed, because Art. 311 says
Acts
1. punished:
Cutting, gathering and/or collecting timber or other 4. That there is intent to gain.
products without license from any forest land or timber Acts punished:
from alienable and disposable public lands or from 1. By taking possession of any real property belonging to
private lands shall be guilty of qualified theft under Arts. another by means of violence against or intimidation of
309 and 310 of the RPC; persons.
2. Entering and occupying or possessing, or making 2. By usurping any real rights in property belonging to
kaingin for his own private use or for others any forest another by means of violence against or intimidation of
land without authority or destroying in any manner such persons.
forest land or part thereof, or causing any damage to
2. That he alters its substance, quantity or quality; been devoted to a purpose or use other than that
3. That damage or prejudice capable of pecuniary agreed upon.
estimation is caused to the offended party or third 3. Material Possession (MP) – the actual physical
persons. possession of personal property, where the
possessor cannot claim a better right to such
It is estafa even if the obligation be based on an property than that of its owner.
immoral or illegal obligation. 4. Juridical Possession (JP) – is present when the
possession of the personal property arises from a
When there is no agreement as to the quality of lawful causation, contract or agreement, express or
thing to be delivered, the delivery of the thing not implied, written or unwritten or by virtue of a
acceptable to the complainant is not estafa. provision of law.
In such a case, the possessor of the property has a
B. Estafa with abuse of confidence (Article 315 No.1- better right to it than the owner and may set up his
B) possession thereof against the latter due to the
Elements: lawful transaction between them.
1. That money, goods, or other personal property be
received by the offender in trust, or on commission, 5. Ownership (O) – There is ownership of the
or for administration, or under any other obligation personal property when there is no obligation to
involving the duty to make delivery of, or to return, return exactly the same property given or lent to the
the same; possessor.
Note: The second element shows three ways in The contracts of deposit, commodatum, lease, quasi-
which estafa under this paragraph may be contract of solutio indebiti and trust receipt transactions
committed:
a. Misappropriation of the thing received; are examples
make delivery.of obligations involving the duty to return or
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received. The thing to be delivered or returned by the offender must
be the very object which he received.
Definition of Terms
1. Misappropriation (M) – the act of taking The person prejudiced need not necessarily be the owner
something for one’s own benefit. of the property.
2. Conversion – the act of using or disposing of
another’s property as if it was one’s own; thing has As for the element of demand, the law does NOT require
1. By
2. By using
falselya pretending
fictitious name.
to possess (a) power, (b) Penalty for Illegal Recruitment involving economic
influence, (c) qualifications, (d) property, (e) sabotage is punishable by life imprisonment and fine
credit, (f) agency, (g) business or imaginary of P2,000,000 to P5,000,000.
transactions.
3. By means of other similar deceits. In People v. Calonzo (G.R. Nos. 115150-55, Sept. 27,
1996 ), The SC reiterated the rule that a person
There is use of fictitious name when a person uses convicted for illegal recruitment under the Labor
a name other than his real name. Thus, when a Code, as amended, can be convicted for estafa,
person found a pawnshop ticket in the name of under Art 315 (par. 2 ), if the elements of the crime are
another and, using the name of that another present.
person, redeemed the jewelry mentioned therein,
he committed estafa by using fictitious name B. Article 31 5 No. 2 (B)
(People vs. Yusay, G.R. No. L-26957, September By altering, the quality, fineness or weight of
2, 1927). anything pertaining to his art or business.
public officer if the money was indeed given. drawee bank for insufficiency of funds or credit, or
would have been dishonored for the same reason
D. Article 315 No. 2 (D) had not the drawer, without any valid reason,
Elements: ordered the bank to stop payment.
1. That the offender postdated a check, OR issued
a check in payment of an obligation; and Requisites for Criminal Liability under BP 22
2. That such postdating or issuing a check was 1. A person makes, draws or issues a check as
done when the offender had no funds in the payment for account or for value;
bank, or his funds deposited therein were not 2. That the check was dishonored by the bank due to
sufficient to cover the amount of the check. a lack of funds, insufficiency of funds or account
already closed;
The issuance by the offender of the check 3. The payee or holder of such check gives a written
(whether postdated or not), prior to or notice of dishonor and demand for payment; and
simultaneous with the transaction, must be for the 4. That the maker, drawer or issuer, after receiving
purpose of contracting the obligation, otherwise if such notice and demand, refuses or fails to pay the
the check is issued in payment of a preexisting value of the check within FIVE BANKING DAYS.
obligation, no estafa is committed, only a civil
liability. It is not the making, drawing, or issuance, nor the
dishonor of the check which gives rise to a violation of
If the check was issued by the debtor only for BP 22, but rather the failure to make good the check
security of the creditor, as in the nature of within FIVE BANKING DAYS from receipt of the
promissory notes but not to be encashed, no Notice of Dishonor and Demand for Payment.
estafa will be involved.
Take Note: While the written notice of dishonor and
Good faith is a defense in a charge of estafa by demand is not an element in the violation of BP 22,
postdating or issuing a check (People v. the failure to give such notice to the maker, drawer or
Villapando, 56 Phil 31) . issuer of the bouncing check is FATAL to an action to
Estafa by issuing a bad check is a continuing hold the latter criminally liable.
offense. The full payment of the amount appearing in the
check within five banking days from notice of dishonor
There is prima facie evidence of deceit when the is a "complete defense" against BP 22. The absence
drawer fails to pay or make arrangement for of a notice of dishonor necessarily deprives an
payment three (3) days after receiving notice of accused an opportunity to preclude criminal
dishonor. prosecution. Accordingly, procedural due process
clearly enjoins that a notice of dishonor be actually
The payee or person receiving the check must be served on the maker, drawer or issuer of the check.
damaged or prejudiced (Reyes, p.825). He has a right to demand that the notice of dishonor
be actually sent to and received by him to afford him
BOUNCING CHECKS LAW the opportunity to avert prosecution under B.P. 22
(B.P. Blg. 22) (Lina Lim Lao v. People, G.R. No. 119178, June 20,
1997).
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check knowing at B. Failing to keep sufficient funds to cover the full
Note: The 90-day period stated above is NOT an obligation as he issued that check “to apply on
element of the violation of BP 22 by failing to keep account.”
sufficient funds. As such, the maker, drawer or issuer of
the check is not discharged from his duty to maintain a BP 22 Estafa (RPC)
sufficient balance in his account for a reasonable time Endorser is not Endorser who acted
even beyond the 90-day period. A “reasonable time” liable. with deceit knowing
according to current banking practice is 6 months or that the check is
180 days , after which the check becomes stale. worthless will be
criminally liable.
Thus, where a check is presented beyond the 90-day Malum prohibitum Malum in se
period, but within 180 days from the date indicated Issuance of check It is the means to
therein, and it is dishonored due to a failure to maintain is for value or on obtain the valuable
a sufficient balance, the maker, drawer or issuer shall account. consideration from
still be liable for violation of BP 22 (Wong v. CA, GR the payee (debt is
No. 117857, February 2, 2001). not preexisting).
Deceit and damage False pretenses or
Gravamen of BP 22 is the issuance of a worthless or are not elements of deceit and damage,
bum check. the crime; the or at least intent to
gravamen of the cause damage, are
Evidence of Knowledge of Insufficient Funds: offense is the essential and the
Refusal of drawee bank to pay the check due to issuance of the false pretenses
insufficiency of funds when presented within 90 days unfunded check. must be prior to or
from the date of the check shall be prima facie simultaneous with
knowledge of insufficiency of funds, unless the drawer the damage
or maker pays the holder the amount due thereon or caused.
makes arrangements for the payment thereof by the The drawer is given Given 3 days after
drawee within five (5) banking days after receipt of 5 days after receiving notice of
notice that the check was dishonored. receiving notice of dishonor.
dishonor within
Under SC Administrative Circular 12-2000, as which to pay or
clarified by A.C. 13-2001: make arrangements
for payment.
Where the circumstances of both the offense and the That there are no That there are no
offender clearly indicate good faith or a clear mistake of funds or no funds or there are
fact without taint of intelligence, the imposition of fine sufficient funds at insufficient funds at
alone should be considered as the more appropriate the time of issuance the time of
penalty. or at the time of issuance.
presentment if
The Administrative Circular merely lays down a RULE made within 90
OF PREFERENCE in the application of the penalties days.
provided for in B.P. 22. The circular does not delete the The maker or Not necessary that
penalty of imprisonment, for should the judge decide drawer and issuer the drawer should
that imprisonment is the more appropriate penalty; the knows at the time of know at the time
circular ought not to be a hindrance. issue that he does that he issued the
Prosecution under BP 22 shall be without prejudice to not have sufficient check that the
fund in or credit funds deposited in
any liability for any violation in the RPC. with the drawee the bank were not
bank for the sufficient to cover
The fine under BP 22 is based on the amount of the payment of the the amount of the
check and is without regard to the amount of damage check in full. check.
caused.
B. Estafa by resorting to some fraudulent practice encumbered, shall dispose of the same, although such
encumbrance be not recorded.
to insure success in gambling (Article 315 No. Elements:
3B) a. That the thing disposed of be real property.
b. That the offender knew that the real property was
C. Estafa by removing, concealing or destroying encumbered, whether the encumbrance is
documents (Article 315 No. 3C) recorded or not. (principle of constructive notice
Elements: does not apply)
1. That there be court record, office files, c. That there must be express representation by the
documents or any other papers; offender that the real property is free from
encumbrance.
d. That the act of disposing of the real property be Since the penalty of fine prescribed in Art. 316 is based
made to the damage of another. on the “value of the damage caused,” mere intent to
cause damage is not sufficient. There must be actual
Note: If the thing is a personalty, Article 319 applies. damage caused by the act of the offender. (Reyes, p.
848)
Encumbrance ARTICLE 317
Includes every right or interest in the land which SWINDLING A MINOR
exists in favor of third persons
Elements:
3. The owner of any personal property who shall 1. That the offender takes advantage of the inexperience
wrongfully take it from its lawful possessor, to the or emotions or feelings of a minor;
prejudice of the latter or any third person. 2. That he induces such minor to assume an obligation, or
to give release, or to execute a transfer of any property
Elements: right;
a. That the offender is the owner of personal property; 3. That the consideration is some loan of money, credit, or
b. That said personal property is in the lawful other personal property; (if real property, Art. 318
possession of another; applies; minor cannot convey real property without
c. That the offender wrongfully takes it from its lawful judicial authority); and
possessor; (if from unlawful possessor, Art. 429 of the 4. That the transaction is to the detriment of such minor.
Civil Code applies)
d. That prejudice is thereby caused to the possessor or ARTICLE 318
third person. OTHER DECEITS
Note: The crime will still be estafa even if the owner Acts Punished:
takes the personalty from the lawful possessor under 1. By defrauding or damaging another by any other deceit
the modes of taking in theft or robbery which latter not mentioned in the preceding articles.
crimes cannot
property be committed
( Regalado, 2008). by the owner on his 2. fortunes,
By interpreting dreams,
by taking by making
advantage of theforecasts, telling
credulity of the
public in any other manner, for profit or gain.
4. Any person who, to the prejudice of another, shall
execute any fictitious contract. REPUBLIC ACT NO. 8484
5. Any person who shall accept any compensation for ACCESS DEVICES REGULATION ACT OF 1998
services not rendered or for labor not performed.
Definition of terms
This act requires fraud as an essential element. If there 1. Access Device – any card, plate, code, account
is no fraud, it only becomes solutio indebiti , with the civil number, electronic serial number, personal identification
obligation to return the wrong payment. number, or other telecommunications service,
equipment, or instrumental identifier, or other means of
6. Any person who shall sell, mortgage or encumber real account access that can be used to obtain money,
property with which the offender guaranteed the good, services, or any other thing of value or to initiate a
fulfillment of his obligation as surety. transfer of funds (other than a transfer srcinated solely
by paper instrument).
Elements : 2. Counterfeit Access Device – any access device that is
a. criminal
That theoroffender is a surety in a bond given in a
civil action; counterfeit, component
identifiable fictitious, altered,
of an oraccess
forged,device
or anor
b. That he guaranteed the fulfillment of such obligation counterfeit access device.
with his real property or properties; 3. Unauthorized Access Device – any access device
c. That he sells, mortgages, or, in any manner encumbers that is stolen, lost, expired, revoked, canceled,
said real property; and suspended, or obtained with intent to defraud.
d. That such sale, mortgage or encumbrance is (1) without 4. Access Device Fraudulently Applied for – any
express authority from the court, or (2) made before the access device that was applied for or issued on account
cancellation of his bond, or (3) before being relieved of the use of falsified document, false information,
from the obligation contracted by him. fictitious identities and addresses, or any form of false
duplicate or assemble.
12. Trafficking – transferring, or otherwise disposing of, approval
is was given,
deliberately or where,
different from ifthegiven, what isactually
approval written
to another, or obtaining control of, with intent to given;
transfer or dispose of. 13. Making any alteration, without the access device
holder's authority, of any amount or other information
Acts Prohibited (Section 9) written on the sales slip;
The following acts shall constitute access device 14. Effecting transaction, with one or more access
fraud and are hereby declared to be unlawful: devices issued to another person or persons, to
1. Producing, using, trafficking in one or more receive payment or any other thing of value;
counterfeit access devices; 15. Without the authorization of the issuer of the access
2. Trafficking in one or more unauthorized access device, solicit ing a person for the purpose of:
devices or access devices fraudulently applied for; a. Offering an access device; or
3. Using, with intent to defraud, a n unauthorized access b. Selling information regarding or an application to
device; obtain an access device; or
4. Using an access device fraudulently applied for; 16. Without the authorization of the credit card system
5. Possessing one or more counterfeit access devices member or its agent, causing or arranging for another
or access devices fraudulently applied for; person to present to the member or its agent, for
6. Producing,
or trafficki
possessing ng in, havingorcontrol
device-making or equipment
altering custody of, payment, one
transactions or bymore
made credit evidence
card. or records of
without being in the business or employment, which
lawfully deals with the manufacture, issuance, or Conspiracy to commit access device fraud. (Section
distribution of such equipment; 11) are punishable under this code.
7. Inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise to Frustrated and attempted access device fraud
produce, use, traffic in counterfeit access devices, (Section 12) is also punishable .
unauthorized access devices or access devices
fraudulently applied for;
Accessory to access device fraud (Section 13) Any province or city other than the one in which it is
person who, with intent to gain for himself or for another, located at the time of execution of the mortgage,
buys, receives, possesses, keeps, acquires, conceals, without the written consent of the mortgagee or his
sells, or disposes of, shall buy and sell, or in any manner executors, administrators or assigns.
deal in any article, item, object or anything of value which
he knows or should be known to him, to have been Removal of Mortgaged Property
acquired through the use of counterfeit access device or Elements:
an unauthorized access device or an access device 1. That personal property is mortgaged under Chattel
known to him to have been fraudulently applied for, shall Mortgage Law ;
be considered as an accessory to an access device. Said 2. That the offender knows that such property is so
person shall be prosecuted under this Act or under the mortgaged;
Anti-Fencing Law of 1979 (Presidential Decree No. 1612) 3. That he removes such mortgaged personal
whichever imposes the longer prison term as penalty for property to any province or city other than the one
the consummated offense. in which it was located at the time of the execution
of the mortgage;
Presumption and prima facie evidence of intent to 4. That the removal is permanent; and
defraud (Section 14) 5. That there is no written consent of mortgagee,
The mere possession, control or custody of: executors, administrators, or assigns to such
a. An access device, without permission of the owner or removal.
without any lawful authority;
b. A counterfeit access device; The removal of the mortgaged personal property
c. Access device fraudulently applied for; must be coupled with intent to defraud.
d. Any device-making or altering equipment by any person
whose business or employment does not lawfully deal A third person, other than the mortgagor, may be held
with the manufacture, issuance, or distribution of access liable
device;
e. An access device or medium on which an access If the mortgagee elected to file a suit for collection,
device is written,
possessor's trade ornot in the orordinary course of the
business; not foreclosure,
basis thereby
for relief, the abandoning
removal the mortgage
of the property is notas
a
f. A genuine access device, not in the name of the violation of par 1 of Art 319.
possessor, or not in the ordinary course of the
possessor's trade or business, shall be prima facie Chattel mortgage must be valid and subsisting.
evidence that such device or equipment is intended to
be used to defraud. B. By selling or pledging personal property already
A cardholder who abandons or surreptitiously leaves the pledged, or any part thereof, under the terms of the
place of employment, business or residence stated in his Chattel Mortgage Law , without the consent of the
application or credit card, without informing the credit card mortgagee written on the back of the mortgage and
company of the place where he could actually be found, if noted on the record thereof in the office of the register
at the time of such abandonment or surreptitious leaving, of deeds of the province where such property is
the outstanding and unpaid balance is past due for at located.
least ninety (90) days and is more than Ten thousand
pesos (P10,000.00), shall be prima facie presumed to Sale or Pledge of Mortgaged Property
have used his credit card with intent to defraud. Elements:
1. Personal property is already pledged under Chattel
CHAPTER SEVEN: CHATTEL
MORTGAGE (ART. 319) Mortgage Law
2. Offender, who; is the mortgagor, sells or pledges
the same property or any part thereof; and
ARTICLE 319 3. No consent of mortgagee written on the back of the
REMOVAL, SALE OR PLEDGE OF MORTGAGED mortgage and noted on the record thereof in the
PROPERTY Office of the Register of Deeds.
Destructive Arson (Art. 320, RPC) Special Aggravating Circumstance on Arson (Sec. 4,
Burning of: PD 1613) :
The crime committed is attempted arson, because the CHAPTER NINE: MALICIOUS MISCHIEF
offender commences the commission of the crime directly (ARTS. 327-331)
by overt acts (placing the rags soaked in gasoline beside
the does
he woodennot wall of the
perform all building
the actsand lighting a (the
of execution match) but
setting Malicious Mischief
of fire to the rags) due to the timely intervention of another Is the willful damaging of another’s property for the sake
who chases away the offender. of causing damage due to hate, revenge or other evil
motive.
If that person is able to light or set fire to the rags but the
fire was put out before any part of the building was
burned, it is frustrated.
But if before the fire was put out, it had burned a part of
law, if living together. 2. That she has sexual intercourse with a man not her
4. Stepfather, adopted father, natural children, concubine, husband; and
paramour included as ascendants by affinity. 3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
Also applies to common-law spouses.
Adultery is committed even if the marriage is
No criminal liability but only civil liability shall result from subsequently declared void.
the commission of any of the said crimes. The death of the paramour will not bar prosecution
against the unfaithful wife, because the requirement that
The exemption does not apply to strangers participating in both offenders be included in the complaint is absolute
the commission of the crime. only when the offenders are alive.
The exemption does not apply if the crimes of theft,
swindling and malicious mischief are complexed with The death of the offended party will not terminate the
another crime. proceedings.
Crimes against chastity are also referred to as private Each occasion of sexual intercourse constitutes a crime
crimes, or crimes which cannot be prosecuted de officio, of adultery.
because of the requirement that the prosecution thereof
be upon a sworn written complaint of the offended party or The criminal liability is mitigated when adultery is
certain persons authorized by law. committed while abandoned by spouse without
justification.
The crimes against chastity which cannot be
prosecuted de officio are: Abandonment without justification is not an exempting
a. Adultery (Art. 333) circumstance but is merely mitigating.
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts. There is no crime of frustrated adultery.
336, 339)
d. Seduction
and whether qualified or simple (Arts. 337, 338), Acquittal
acquit theofother:
one of the defendants will not automatically
e. Abduction which may be forcible or consented (Arts. a. There may not be a joint criminal intent, although
342, 343) there is a joint physical act.
But corruption of minors (Art. 340) and white slave trade b. One of the parties may be insane and the other is
(Art. 341) can be prosecuted de officio . sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the
TITLE ELEVEN : CRIMES action cannot defeat the trial and conviction of the
man.
AGAINST CHASTITY e. A married man who does not know of the married
status of the woman may be liable for concubinage, if
CHAPTER ONE: ADULTERY AND he appears to be guilty of any of the acts defined in
CONCUBINAGE (ARTS. 333-334) Art. 334.
ADULTERY prosecution;
2. Both and
offenders must be pardoned.
Who are liable?
1. The married woman who engages in sexual intercourse There is an implied pardon:
with a man not her husband. Act of intercourse with offending spouse subsequent to
2. The man who, knowing of the marriage of the woman, the adulterous conduct.
has sexual intercourse with her.
When there is consent, whether implied or expressed, of
Elements: the husband, he cannot institute a criminal complaint for
1. That the woman is married; adultery.
Under the law there can be no accomplice in the crime of Art. 335 has been repealed by RA No. 8353 (Anti-Rape
adultery, although in fact there can be such an Law of 1997) effective Oct. 22, 1997. Provisions on Rape
accomplice. are found in Arts. 266-A to 266-D under Crimes Against
Persons.
Recrimination
Husband’s illicit relationship does not absolve but may REPUBLIC ACT NO. 9995
mitigate wife’s liability for adultery. ANTI-PHOTO AND VIDEO VO YEURISM ACT O F 2009
ARTICLE 334 Photo or video voyeurism means the act of taking photo
CONCUBINAGE or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
Who are liable? an image of the private area of a person or persons
1. The married man. without the latter's consent, under circumstances in which
2. The woman who knew that the man was married. such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing,
Elements: broadcasting, sharing, showing or exhibiting the photo or
1. That the man must be married; video coverage or recordings of such sexual act or similar
2. That he committed any of the following acts: activity through VCD/DVD, internet, cellular phones and
a. Keeping a mistress in the conjugal dwelling (mistress similar means or device without the written consent of the
must live therein as such); person/s involved, notwithstanding that consent to record
b. Having sexual intercourse under scandalous or take photo or video coverage of same was given by
circumstances with a woman who is not his wife such person's
(proof of actual sexual relations not required as long
as it can be inferred); Prohibited Acts
c. Cohabiting with her in any other place (as husband 1. To take photo or video coverage of a person or group of
and wife); persons performing sexual act or any similar activity or
3. married.
As regards the woman, she must know him to be to capture
such as thean image
naked or of the private area
undergarment of a person/s
clad genitals, public
area, buttocks or female breast without the consent of
Conjugal dwelling the person/s involved and under circumstances in which
Means the home of the husband and wife even if the wife the person/s has/have a reasonable expectation of
happens to be temporarily absent on any account. privacy;
2. To copy or reproduce, or to cause to be copied or
Scandalous circumstances are not necessary to make a reproduced, such photo or video or recording of sexual
husband guilty of concubinage by keeping a mistress in act or any similar activit y with or without consideration;
the conjugal dwelling. 3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
Scandal – consists in any reprehensible word or deed it be the srcinal copy or reproduction thereof; or
that offends public conscience, redounds to the detriment 4. To publish or broadcast, or cause to be published or
of the feelings of honest persons, and gives occasion to broadcast, whether in print or broadcast media, or show
the neighbor’s spiritual damage or ruin. or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through
Cohabit – means to dwell together, in the manner of VCD/DVD, internet, cellular phones and other similar
In People v. Jalosjos (GR No. 132876-279, Nov. 16, CHAPTER THREE: SEDUCTION,
CORRUPTION OF MINORS, AND WHITE
2001), the SC adopted the definition of “ lascivious SLAVE TRADE
conduct ” in Sec. 32, Art. XIII of the Implementing Rules
(ARTS. 337-341)
and Regulations of RA 7610 , which reads as follows:
If there
are is no sexual
performed, intercourse
the crime is actsand only acts of lewdness
of lasciviousness under ARTICLE 339
Art. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF
THE OFFENDED PARTY
The following are the OFFENDERS:
1. Those who abused their authority: Elements:
a. Persons in public authority 1. That the offender commits acts of lasciviousness or
b. Guardian lewdness;
c. Teacher 2. That the acts are committed upon a woman who is a
d. Person who, in any capacity, is entrusted with the virgin or single or a widow of good reputation, under 18
education or custody of the woman seduced years of age but over 12 years, or a sister or
2. Those who abused confidence reposed in them: descendant regardless of her reputation or age; and
a. Priest 3. That the offender accomplishes the acts by abuse of
b. House servant authority, confidence, relationship or deceit.
c. Domestic
3. Those who abused their relationship: Acts of Acts of
a. Brother who seduced his sister Lasciviousness Lasciviousness with
b. Ascendant who seduced his descendant Consent of the
Offended Party
A “domestic ” is different from a house servant, it
Both treat of acts of lasciviousness.
means any person living under the same roof as a
member of the same household, and includes boarders The offended party is a The offended party
or house-guests but not transients or visitors. female or a male. should only be female.
The fact that the girl gave her consent to the sexual
intercourse is no defense. In the same way, lack of
consent of the girl is not an element of the offense.
There is an oversight in the law where the victim is exactly Persons liable:
12 years of age. If the victim is below 12, the crime will be 1. Those who engage in or promote, facilitate or induce
rape, or unconsented acts of lasciviousness or forcible child prostitution which include, but are not limited to
the following:
abduction. Hence Art. 339 stating “over 12 years of age”
should be construed as twelve years of age and over , a. Acting as a procurer of a child prostitute.
thus construing the doubt in favor of the accused. b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
ANTI-SEXUAL HARRASMENT ACT similar means.
(R.A. No. 7877) c. Taking advantage of influence or relationship to
procure a child as a prostitute.
Persons liable: d. Threatening or using violence towards a child to
Employer, employee, manager, supervisor, teacher, engage him/her as a prostitute.
e. Giving monetary consideration, goods or other
professor, instructor, coach, trainor, or any other person
having authority, influence, or moral ascendancy over pecuniary benefit to a child with the intent to engage
such child in prostitution.
another in a work, education or training-related
environment.
2. lascivious
Those whoconduct
commitwith
thea act
childofexploited
sexual intercourse or
in prostitution
Acts Punished:
Demanding, requesting, or otherwise requiring any sexual or subjected to other sexual abuse.
favor from the other, regardless of whether the demand, 3. Those who derive profit or advantage therefrom,
request, or requirement is accepted by the object of the whether as manager or owner of the establishment
act. where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
ARTICLE 340 establishment serving as a cover or which engages in
CORRUPTION OF MINORS prostitution in addition to the activity for which the
(AS AMENDED BY BP 92) license has been issued to said establishment. (Sec 5,
RA 7610)
Acts Punished
To promote or facilitate the prostitution or corruption of Note: There is also a crime of attempted child prostitution
persons under age to satisfy the lust of another. under Sec 5 pars. 1 and 2 of RA 7610 (Sec 6, RA 76 10).
Under age means under 18 years of age. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not
is receiving services from a child in a sauna parlor or bath, 3. That the abduction is with lewd design.
massage clinic, health club and other similar
establishments. Grave Coercion/
Forcible Abduction
Kidnapping
ARTICLE 341
With lewd design No lewd design
WHITE SLAVE TRADE
There is no deprivation There is deprivation of
Prohibited acts: of liberty. liberty.
1. Engaging in the business of prostitution.
2. Profiting by prostitution. Conviction of acts of lasciviousness is not a bar to
3. Enlisting the services of women for the purpose of conviction of forcible abduction.
prostitution.
Attempted Rape is absorbed by Forcible Abduction as the
Corruption of Minors White Slave Trade former constitutes the element of lewd design.
It is essential that Minority need not be If girl is under 12 – crime is ALWAYS FORCIBLE
victims are minors. involved. ABDUCTION even if she voluntarily goes with her
May have victims of Limited only to abductor.
either sex. females.
May not necessarily be Generally for profit. Sexual intercourse is not necessary in forcible abduction.
for profit. The intent to seduce the girl is sufficient.
The first two modes require the element of profit and Elements:
habituality. In the third mode, the profit motive is not 1. That the offended party must be a virgin;
required. (Regalado) 2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with
White slave trade may be with or without the consent of her consent, after solicitation or cajolery from the
the woman, while slavery for the purpose of assigning the offender; and
woman to immoral traffic (Art. 272) is committed against 4. That the taking away of the offended party must be with
her will. lewd designs.
CHAPTER FOUR: ABDUCTION Crimes against Chastity where age and reputation of
(ARTS. 342-343) the victim are immaterial:
1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant.
Abduction 2. Qualified Seduction of sister or descendant.
The taking away of a woman from her house or the place 3. Forcible Abduction
where she may be for the purpose of carrying her to
CHAPTER FIVE: PROVISIONS
another place with intent to marry or corrupt her.
RELATING TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Two Kinds of Abduction: (ARTS. 344-346)
1. Consented
2. Forcible abduction (Art.
abduction 342)
( Art. 343)
ARTICLE 344
ARTICLE 342 PROSECUTION OF THE CRIMES OF ADULTERY,
FORCIBLE ABDUCTION CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUS NESS
Elements:
1. That the person abducted is a woman; regardless of her 1. Adultery and concubinage must be prosecuted upon the
age, civil status, or reputation; complaint signed by the offended spouse (and in the
2. That the abduction is against her will; and absence of an express or implied pardon).
Pursuant to R.A. No. 8353, rape is now a crime Note: Under the Family Code, children are classified as
against persons, which may be prosecuted de officio . only either legitimate or illegitimate, with no further
positive act required from the parent, as the law itself
In adultery and concubinage, the offended party must provides the child’s status. Natural children under the Civil
institute the criminal prosecution against both the Code fall within the classification of illegitimate children
guilty parties, if they are alive. under the Family Code.
The right to file the action granted to the parent, Art. 176 of the Family Code confers parental authority
grandparent or guardian shall be exclusive of all other over illegitimate children on the mother and provides their
persons
order and shall
provided be exercised successively in the
by law. entitlement to support in conformity with the Family Code.
ARTICLE 346
Effects of Pardon LIABILITY OF ASCENDANTS, GUARDIANS,
Pardon in adultery and concubinage must come TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
before the institution of the criminal action and both THE CUSTODY OF THE OFFENDED PARTY
offenders must be pardoned by the offended party if
said pardon is to be effective. Persons who cooperate as accomplices but are punished
as principals in seduction, abduction, acts of
Pardon in seduction must also come before the lasciviousness, acts of lasciviousness with the consent of
institution of the criminal action. the offended party, corruption of minors, white slave trade:
1. Ascendants,
Condonation is not pardon in concubinage or adultery 2. Guardians,
– any subsequent act of the offender showing that 3. Curators,
there was no repentance will not bar the prosecution 4. Teachers, and
of the offense. 5. Any person, who cooperates as accomplice with abuse
of authority or confidential relationshi p.
Pardon
have thebyconcurrence
the offended
of party who
parents is a minor
– except whenmust
the Persons who act as accomplices in crimes against
offended party has no parents. chastity (EXCEPT adultery and concubinage where there
can be no accomplices or accessories ), shall be punished
Marriage of the offender with the offended party in as principals.
seduction, abduction and acts of lasciviousness
extinguishes criminal action or remits the penalty In addition, teachers or persons entrusted with education
already imposed, and it benefits the co-principals, and guidance of the youth are penalized with
accomplices and accessories. In rape, it extends only disqualification.
as to the principal.
Furthermore, all those falling within the terms of this article 2. The offender conceals or abandons such child; and
shall be punished with special disqualification from the 3. The offender has the intent to cause such child to lose
office of guardian. its civil status.
falsification depending on the acts he performed in automatically void, the nullity of this second marriage is
connection with his intended offense. not per se an argument for the avoidance of criminal
liability for bigamy.
CHAPTER TWO: ILLEGAL MARRIAGES
(ARTS. 349-352) ARTICLE 350
MARRIAGE CONTRACTED AGAINST PROVISIONS OF
LAWS
ARTICLE 349 (Illegal Marriage)
BIGAMY
Elements:
Elements: 1. That the offender contracted marriage; and
1. That the offender is legally married; 2. That he knew at the time that
2. That the marriage has not been dissolved or, in case a. The requirements of the law were not complied with;
the spouse is absent the absent spouse could not yet or
be presumed dead according to the Civil Code; b. The marriage was in disregard of a legal impediment.
3. That he contracts a second or subsequent marriage;
and The offender must not be guilty of bigamy.
4. That the second or subsequent marriage has all the
essential requisites for validity. QUALIFYING CIRCUMSTANCE : If either of the
contracting parties obtains the consent of the other by
First marriage must be valid. If it is void or voidable, means of violence, intimidation or fraud.
bigamy may still be committed if there is no judicial
declaration of nullity or annulment of the first marriage. Conviction of a violation of Art. 350 involves moral
turpitude.
Bigamy is a public crime, thus, its prosecution may be
initiated by anyone. ARTICLE 351
PREMATURE MARRIAGES
Registrar, the
(Regalado, rule on
Criminal Lawconstructive notice cannot apply
Conspectus). pregnant atatthe
pregnant thetime
time
sheshe becomes
becomes a widow.
a widow, If she is
the prohibition
is good only up to delivery.
In Tenebro v. CA (G.R. No. 150758, Feb. 18, 2004), the
SC held that a declaration of the nullity of the second Since the purpose of this article is to avoid cases of
marriage on the ground of psychological incapacity is of doubtful paternity, the woman will not be liable thereunder
absolutely no moment insofar as the if: (a) she has already delivered; and (b) she has
conclusive proof that she was not pregnant by her first
State’s penal laws are concerned. Since a marriage spouse since he was permanently sterile (People vs.
contracted during the subsistence of a valid marriage is Masinsin, CA, 49 OG 3908).
c. If several identifiable victims are libeled in a single made with malice and bad faith in order to be actionable.
article, there are as many crimes of libel as there are
persons defamed. An absolutely privileged communication is not actionable
even if made in bad faith. Specifically recognized in the
ARTICLE 354 Constitution as absolutely privileged are statements made
REQUIREMENT FOR PUBLICITY in official proceedings of Congress by members thereof,
as an implementation of their parliamentary immunity.
Every Defamatory Imputation is presumed to be
Malicious, Even if it be True. Statements made in judicial proceedings are privileged
but only if pertinent or relevant to the case involved.
The PRESUMPTION is rebutted if it is shown by the
accused that – Enumeration under Art. 354 is not an exclusive list of
1. The defamatory imputation is true, in case the law qualifiedly privileged communication.
allows proof of the truth of the imputation (see Art. 361);
2. It is published with good intention; Defamatory remarks and comments on the conduct or
3. There is justifiable motive for making it. acts of public officers which are related to the discharge of
their official duties will not constitute libel if the defendant
MALICE is not presumed in the following cases proves the truth of the imputation.
involving qualifiedly privileged communication:
1. Private communication made by any person to another Doctrine of Fair Comment
in the performance of any legal, moral or social duty. Means that while in g eneral every discreditable imputation
publicly made is deemed false, because every man is
Requisites of the first kind of privileged presumed innocent until his guilt is judicially proved, and
communication: every false imputation is directed against a public person
1. That the person who made the communication had a in his public capacity, it is not necessarily actionable.
legal, moral or social duty to make the communication,
or, at least, he had an interes t to be upheld; Criticism
2. board,
That theorcommunication
superior, havingis some
addressed to an
interest officerinorthea
or duty Deals
or call only with such
for public thingsItas
comment. shallnotinvite
does public
follow attention
a public man
matter; and into his private life nor pry into his domestic concerns.
3. That the statements in the communication are made in
good faith without malice (in fact). If one’s good name is assailed in the newspaper, he may
The defense of privileged communication will be reply by defending himself, and if his reply is made in
overcome if it is shown that (1) the defendant acted with good faith, without malice and is not unnecessarily
malice in fact, or (2) there is no reasonable ground for defamatory of his assailant, it is privileged. (People v.
believing the charge to be true. Baja, C.A., 40 O.G. Supp. 5, 206)
4. A fair and true report, made in good faith, without any Retaliation or vindictiveness cannot be a basis of self-
comments or remarks, of any judicial, legislative, or defense.
other official proceedings which are not of confidential
nature or of any statement, report, or speech delivered THE ANTI-WIRE TAPPING ACT
in said proceedings, or of any other act performed by (R.A. No. 4200)
public officers in the exercise of their functions.
Unlawful acts by any person or participant, not
Requisites of the second kind of privileged authorized by all the parties to any private
communication:
1. That it is fair and true report of a judicial, legislative, or communication
1. To tap any wireor
orspoken
cable. word:
other official proceedings which are not of a confidential 2. To use any other device or arrangement to secretly
nature, or of a statement, report or speech delivered in overhear, intercept or record such communication or
said proceedings, or of any other act performed by a spoken word by using a device known as dictaphone,
public officer in the exercise of his functions; dictagraph, detectaphone, walkie-talkie or tape-
2. That it is made in good faith; and recorder.
3. That it is without any comments or remarks. 3. To knowingly possess any tape/wire or disc record of
any communication or spoken word or copies thereof.
Therefore, qualified privileged communications must be 4. To replay the same for any person or persons.
5. To communicate the contents thereof, verbally or in 3. Should only a fine be imposed and the accused be
writing. unable to pay the fine, there is no legal obstacle to the
6. To furnish transcriptions thereof, whether complete or application of the RPC provisions on subsidiary
partial. imprisonment.
ARTICLE 355 This is also known as blackmail . Art. 283 regarding light
LIBEL BY MEANS OF WRITINGS threats is another form of blackmail.
OR SIMILAR MEANS
Blackmail
Committed by means of: Any lawful extortion of money by threats of accusation or
1. Writing exposure.
2. Printing
3. Lithography It is essential that the threat to publish, or to offer to
4. Engraving prevent the publication of libel must be for a compensation
5. Radio or money consideration , in order it may be penalized
6. Painting
7. Phonograph under this article.
8. Theatrical exhibition Blackmail is possible in the following crimes:
9. Cinematographic exhibition a. Light threats (Art 283)
10. Or any similar means b. Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
Defamation through amplifier system is slander not libel.
ARTICLE 357
If defamatory remarks are made in the heat of passion PROHIBITED PUBLICAT ION OF ACTS REFERRED TO
which culminated in a threat, the derogatory statements IN THE COURSE
will not constitute an independent crime of libel but a part OF OFFICIAL PROCEEDINGS
of the more serious crime of threats.
Elements:
Administrative Circular No. 08-2008 , issued on January 1. That the offender is a reporter, editor or manager of a
25, 2008, laid down a rule of preference for the imposition newspaper, daily or magazine;
of a fine only rather than imprisonment in libel cases. The 2. He publishes facts connected with the private life of
Administrative Circular provides that: another; and
1. penalty
It does for
nottheremove
crime ofimprisonment as355
libel under Art. an ofalternative
the RPC. 3. reputation
Such factsof said
are person.
offensive to the honor, virtue and
2. The Judges may, in the exercise of sound discretion,
and taking into consideration the peculiar circumstanc es This article is referred to as the Gag Law because while a
of each case, determine whether the imposition of a fine report of an official proceeding is allowed, it gags those
alone would best serve the interests of justice or who would publish therein facts which this article prohibits,
whether forbearing to impose imprisonment would and punishes any violation thereof.
depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to The Gag Law prohibits the publication of cases relating to
the imperatives of justice. adultery, divorce, legitimacy of children, etc.
2. persons;
That suchand
act is performed in the presence of other may be made by the court.
3. That such act casts dishonor, discredit, or contempt Defense in Defamation:
upon the offended party. 1. It appears that the matters charged as libelous is true;
2. It was published with good motives; AND
If there is no intent to dishonor the offended party, the 3. For a justifiable ends.
crime is maltreatment by deed under Art. 266 .
The penalties provided for in Article 365 are NOT and the same, and cannot be split into different crimes
applicable when: and p rosecutions.
1. The penalty provided for the offense is equal to or lower
than those provided in the first two paragraphs of Art
365;
2. By imprudence or negligence, and with violation of the
Automobile Law , the death of a person shall be caused.
injured party.
Emergency Rule
An automobile driver who, by the negligence of another
and not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a
collision or injury is not guilty of negligence if he makes
such a choice which a person of ordinary prudence placed
in such a position might make even though he did not
make the wisest choice.
negligence
of underorArt.
an imprudent 365 of the
negligent RPCif lies
act that, in the execution
intentionally done,
would be punishable as a felony. The law penalizes thus
the negligent or careless act, not the result thereof. The
gravity of the consequence is only taken into account to
determine the penalty, it does not qualify the substance of
the offense. And, as the careless act is single, whether
the injurious result should affect one person or several
persons, the offense (criminal negligence) remains one