POMOLY Bar Reviewer Day 1 PM - CRIM

A.
BASIC PRINCIPLES
TERRIROTIALITY NOTES (Atty. Ticman, UP BRI Lecture 2020):
GR: If an offense was committed outside the PH territory, PH courts cannot take jurisdiction over the offense.
XPNS: Article 2 of the RPC –
1. Should commit an offense while on a Philippine ship or airship.

• Q: What determines the nationality of a ship or airship?
A: Place of registration.
NOT the nationality of the owners of the vessels nor of the nationality of its passengers.
• Q: Murder in the territorial airspace of Japan but on board a PH airplane, landed on the PH,
then the murderer was arrested.
Does the exception apply?
A: No. This exception applies only when the PH ship or airship is on the high seas or
international airspace – that part where no country exercises jurisdiction.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands.
• Simply means that if one forges counterfeits PH coin, currency note, obligations, or
securities, he may be prosecuted in the PH under the crimes against public interest,
regardless of where the forging or counterfeiting was committed.
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number.
4. While being public officers or employees, should commit an offense in the exercise of their
functions.
• Q: When can we say that an officer committed an offense in the exercise of their functions?
A: It simply means that the crime he committed has a relation to his duties as a public officer
or employee.
Q: What could be those offenses under the RPC that may have a relation to his duties as a
public officer or employee?
A: Arts. 203 to 205, such as:
▪ All forms of Bribery

▪ Frauds against the public treasury
▪ Malversation of public funds or property
▪ Revelations of secrets
▪ Abuses against chastity
Note: Falsification committed by a public officer or employee under Art. 171, although not
embraced in Title VII (Crimes Committed by Public Officers), is punishable in the PH even if
committed abroad because one of its essential elements is that the offender public official or
employee must have taken advantage of his public position.
5. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.
• Crimes against national security
a. Treason [Art. 114]

b. Conspiracy and proposal to commit treason [Art. 115]
c. Misprision of treason [Art. 116]
d. Espionage [Art. 117]
e. Terrorism [R.A. 9372]
• Crimes against the law of nations

a. Inciting to war or giving motives for reprisals [Art.118]
b. Violation of neutrality [Art. 119]
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c. Correspondence with hostile country [Art. 120]
d. Flight to enemy’s country [Art.121]
e. Piracy in general and mutiny on the high seas or in Philippine waters [Art. 122]
f. Terrorism [R.A. 9372]
Human Security Act

Sec. 58: Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary
provision of any law of preferential application, the provisions of this Act shall apply to individuals who
although physically outside the territorial limits of the Philippines [TSCG]:
1. Commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the
Territorial limits of the Philippines;
2. Commit any of the said crimes on board Philippine Ship or Philippine airship;
3. Commit said crimes against Philippine Citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and
4. Commit said crimes directly against the Philippine Government. [Sec. 58, R.A. 9372].
Violence Against Women and their Children Act of 2004

While the psychological violence as the means employed by the perpetrator is certainly an indispensable
element of the offense, equally essential also is the element of mental or emotional anguish which is personal
to the complainant.
Even if the alleged extra marital affair causing the offended wife mental and emotional anguish is committed
abroad, the same does not place a prosecution under R.A. No. 9262 absolutely beyond the reach of
Philippine courts. (AAA vs. BBB, G.R. No. 212448, 11 January2018)
BAR Question 2016: MENS REA WITHOUT ACTUS REUS IS NOT A CRIME
Fely is not liable for murder as principal or accomplice since there is neither conspiracy or community of design to commit murder since
her criminal intention pertains to kidnapping for ransom. In addition, her participation of demanding ransom for the release of the child
is not connected to murder. Her criminal mind to assist Lina in committing kidnapping for ransom is not constitutive of a felony. Mens
rea without actus reus is not a crime. (UST Criminal Law QUAMTO 2018, p. 38)
MENS REA (Mental Element) NOTES:

• Actus Non Facit Reum, Nisi Mens Sit Rea
A guilty mind, a guilty or wrongful purpose or An act does not make a defendant guilty without a guilty mind. [REYES]
criminal intent, and essential for criminal
liability. [People v Valenzuela, G.R. No. • When presumed (General Rule)
160188 (2007)] 1. If an act is proven to be unlawful, then intent will be presumed prima facie.
[U.S. v. Apostol]
Being a mental state, its existence is shown 2. Such presumption arises from the proof of commission of an unlawful act.
by overt acts. (UST Golden Notes 2018, p. 6)
▪ Intent to commit an act with malice, being purely a mental
process, is presumed from the proof of commission of an
unlawful act. (UST Criminal Law Golden Notes 2018, p. 6)
When not presumed (Exception)

1. In some crimes, intent cannot be presumed as an integral element
thereof; so it has to be proven.
2. In frustrated homicide, specific intent to kill is not presumed but must be

proven; otherwise it is merely physical injuries.
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General Criminal Intent Specific Criminal Intent
The intention to do something The intention is to commit a
wrong. definite act.
Presumed from a mere doing of Existence is not presumed.

a wrong act.
The burden is upon the Since the specific intent is an

wrongdoer to prove that he element of the crime, the burden
acted without such criminal is upon the prosecution to
intent. establish its existence.
Examples of Crimes requiring Specific Criminal Intent

1. Robbery – intent to gain [Art. 293]
2. Theft – intent to gain [Art. 308]
3. Homicide – intent to kill [Art. 249]
4. Forcible Abduction – intent of lewd designs [Art. 342
Specific Criminal Intent Must be Alleged in Information

Where the specific intent of the malefactor is determinative of the crime charged, such
specific intent must be alleged in the information and proved by the prosecution. [People
v. Delim, G.R. No. 142773 (2003)]
Specific Intent, How Proven

Specific intent may be proved by direct evidence or by circumstantial evidence (inferred
from the circumstances of the actions of the accused as established by evidence).
[People v. Delim, supra.]
ACTUS REUS (Physical Element) NOTES:
The "guilty act." A wrongful deed which • For a crime to exist in our legal law, it is not enough that mens rea be shown;
renders the actor criminally liable if combined there must also be an actus reus. (UP BOC 2019, p. 17)
with mens rea. The actus reus is the physical
aspect of a crime, whereas the mens rea
(guilty mind) involves the intent factor.
(Black’s Law Dictionary, 6th Edition, p. 36)
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B. JUSTIFYING, EXEMPTING, MITIGATING, AGGRAVATING, AND ALTERNATE CIRCUMSTANCES [JEMAA]
JUSTIFYING CIRCUMSTANCES (ARTICLE 11, REVISED PENAL CODE)

Personal note: It is the accused who claims self-defense from the unlawful aggression on the part of the offended party.
SELF-DEFENSE OF ONE’S PERSON DEFENSE OF A RELATIVE’S PERSON DEFENSE OF A STRANGER’S PERSON OR

OR RIGHTS (PAR. 1) OR RIGHTS (PAR. 2) RIGHTS
Anyone who acts in defense of his Anyone who acts in defense of the person Anyone who acts in defense of the person or
person or rights, provided that the or rights of his spouse, ascendants, rights of a stranger, provided that the first and
following circumstances concur: descendants, or legitimate, natural or second requisites mentioned in the first
adopted brothers or sisters, or of his circumstance of this article are present and that
relatives by affinity in the same degrees, the person defending be not induced by
First. Unlawful aggression; and those by consanguinity within the revenge, resentment, or other evil motive.
fourth civil degree, provided that the first
Second. Reasonable necessity of the and second requisites prescribed in the
means employed to prevent or repel it; next preceding circumstance are present,
and the further requisite, in case the
provocation was given by the person
Third. Lack of sufficient provocation on
attacked, that the one making defense had
the part of the person defending himself.
no part therein.
What are the “rights” defended?
• Property;
• Chastity; and
• Honor.
Common Elements of PARS. 1-3:

• Unlawful aggression; and
• Reasonable necessity of the means employed to prevent or repel it.
Different Elements of PARS. 1-3:

PAR. 1 PAR. 2 PAR. 3
Lack of sufficient provocation on the part of the In case the provocation was given by The person defending be not induced
person defending himself. the person attacked, that the one by revenge, resentment, or other evil
making defense had no part therein. motive.
NOTES:
Lack of Sufficient Provocation on the Part of NOTES: NOTES:
the Person Defending Himself (Accused)
Provocation of the Relative Being Not induced by revenge,
Sufficiency of the provocation is relative. It Defended resentment, or other evil motive
depends on several factors, such as: • Need not be sufficient.
1. Time; • The relative defending must • In other words, acting on a
2. Place; have no participation in the disinterested motive.
3. Social standing; and provocation.
4. Personal circumstances.
Who are relatives?
Three (3) instances where this requisite may still 1. Spouse
be appreciated: 2. Ascendants
1. There is provocation by the 3. Descendants
accused, but it is not sufficient. 4. Brothers/Sisters (legitimate,
2. There is sufficient provocation but natural, or adopted).
did not come from the accused. 5. Relatives by consanguinity or
3. There is sufficient provocation from affinity within the 4th civil
the accused, but it did not degree.
immediately precede the act e.g.,
days or weeks apart.
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Unlawful Aggression
• An indispensable element.
• Must come from the offended party.
• Must be continuing or existing at the time of the attack made by the accused.
• Must be unlawful.
Q: Husband shot towards his wife and her paramour while they are having sex. Paramour had a gun and shot the husband.
Paramour invokes self-defense and defense of a stranger.
A: Paramour not entitled to both. No unlawful aggression on the part of the husband because he was acting in defense of his
honor.
Self-Defense Retaliation
Unlawful aggression is continuing or is existing at the Unlawful aggression already ceased at the time of the
time of the attack made by the accused. attack made by the accused.
Reasonable Necessity of the Means Employed to Repel or Prevent the Unlawful Aggression
• Depends on the surrounding circumstances.
• What is required is rational equivalence (no other choice/means to repel), NOT mathematical commensurability.
Hence, the type of weapon used is not necessarily controlling.
Defense of Property Rights

• The appreciation of unlawful aggression is different:
People vs. Narvaez as explained by Atty Ticman; En Banc Case (G.R. No. L-33466-67) – attack against the person defending
his property rights is not necessary.
Ratio: The unlawful aggression is directed against the property rights, not the person.
The argument that there is no reasonable means employed because life is superior to property is not tenable. There is
reasonable necessity when it is the only means a person has to repel the unlawful aggression.
Defense of Chastity
• May include any form of sexual assault against a man or a woman.
• People vs. Jaurige – Jaurige was at a mass and her seatmate suddenly squeezed her thigh, she responded by bringing out
the balisong in her bag and stabbing the offender. She claims she was defending her right to chastity. Jaurige is entitled only
to a privileged mitigating circumstance. Unlawful aggression was present. The means employed were not reasonably
necessary (Jaurige was with her father, and there were several people at the mass who could have helped stop). Additionally,
there was no sufficient provocation, thus there was incomplete self-defense.
Defense of Honor
• Facts: A and B were husband and wife. One evening she chanced upon her husband A, who was naked, with another man C
on top of him, also naked.
Q: If B hacked to death both A and C, what defense can B invoke?

A: B can invoke Defense of Honor. Article 247 is not applicable because there must be sexual intercourse – two persons of
the same gender cannot engage in sexual intercourse).
STATE OF NECESSITY (PAR. 4) Requisites:

1. That the evil sought to be avoided actually exists;
Any person who, in order to avoid an evil or injury, 2. That the injury feared be greater than that done to avoid it; and
does an act which causes damage to another,
3. That there be no other practical and less harmful means of preventing it.
provided that the following requisites are present:
• First. That the evil sought to be avoided
actually exists; Although all the requisites are present, defense of state of necessity is not
• Second. That the injury feared be greater availing if the greater injury feared should have been brought about by the
than that done to avoid it; negligence or imprudence, more so, the willful inaction of the actor. (Ty vs.
• Third. That there be no other practical and People, G.R. No. 149275, 27 September 2004)
less harmful means of preventing it.
State of Necessity (PAR. 4) is an Exception to the General Rule that there is
No Civil Liability in Arts. 11 and 12
Here, there is civil liability against those benefitted, and their share is up to the
extent they are benefitted (Art. 101; Atty. Ticman)
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FULFILLMENT OF A DUTY (PAR. 5) Requisites:
1. The accused acted in the performance of a duty or in the lawful
Any person who acts in the fulfillment of a duty or exercise of a right or office; and
in the lawful exercise of a right or office. 2. The injury caused or the offense committed is the necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.
• Even private individuals may invoke this circumstance.
OBEDIENCE TO AN ORDER (PAR. 6) Requisites:

1. An order has been issued by a superior (and addressed to a
Any person who acts in obedience to an order subordinate);
issued by a superior for some lawful purpose. 2. Such order must be for some lawful purpose; and
3. The means used by the subordinate to carry out said order is lawful.
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EXEMPTING CIRCUMSTANCES (ARTICLE 12, REVISED PENAL CODE)
IMBECILITY OR Insanity Imbecility
INSANITY (PAR. 1) Deprived of freedom, intelligence, or intent.
Complete deprivation of intelligence, reason, Imbecility subsists where a person who, while
An imbecile or an insane discernment, or free will in the commission of the advanced in age, has a mental development
person, unless the latter act. comparable to that of children between two and
has acted during a lucid seven years of age. (Should be below 7)
interval.
Insanity may be acquired. Lucid intervals may also Imbecility CANNOT be acquired. An imbecile is
be proven, which would negate this defense. exempt in ALL cases from criminal liability.
MINORITY (PARS. 2-3) Exemption from Criminal Liability

15 AND BELOW OVER 15 BUT UNDER 18
Exempt from criminal liability It depends:
Acted without discernment – exempt from criminal
liability.
Acted with discernment – at most privileged
mitigating ONLY.
• If today 15th birthday still exempted (next
day not covered).
• If today 18th birthday full responsibility
(before still covered).
Factors to Consider in Determining Whether the Child Acted With Discernment [MAM]
1. Manner by which the crime was committed.
2. Means by which the crime was committed.
3. Acts and utterances before, during, and after the crime.
RA 9344 – Juvenile Justice and Welfare Act (Section 58)

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of:
1. Prostitution
2. Mendicancy
3. Selling Rugby
ACCIDENT (PAR. 4) Requisites:

1. A person is performing a lawful act;
Any person who, while 2. With due care;
performing a lawful act 3. He causes an injury to another by mere accident; and
with due care, causes an 4. No negligence or fault on the part of the accused.
injury by mere accident
without fault or intention Note: Disputable presumptions of negligence in Arts. 2184, 2185, and 2188.Illustration: A was driving in
of causing it.
the early morning at Espana Avenue. A decided to drive 20-30km/h because there was no traffic. He
removed his seatbelt. An old lady emerged from in front of his car. He failed to apply breaks and killed the
old lady. A was charged with reckless imprudence resulting in homicide. Can A invoke accident?
NO. 1st requisite not present. A was not performing a lawful act – he was not wearing a seatbelt, which is
a crime.
DURRESS (PARS. 5 TO 6)
IRRESISTIBLE FORCE (PAR. 5) UNCONTROLLABLE FEAR (PAR. 6)
Any person who acts under the Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
compulsion of an irresistible force.
Requisites: [PIT] Requisites: [URIGE]
1. There is compulsion by 1. Existence of an uncontrollable fear;
physical force; 2. Fear must be real and imminent; and
2. Physical force must be 3. Fear of an injury is greater than or equal to that committed.
irresistible; and
3. Physical force must come
from a third person.
Force or Violence Intimidation
The harm is actual or immediate There could be lapse of time
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• Persons invoking these defenses must not have the ability to defend themselves from the threatened wrong, to engage the
persons compelling them to commit the crime in equal combat, or opportunity to escape.
Illustration: President Duterte orders P01 to Malacañang. President told him that C was a drug lord and must be killed. P01
says he cannot invoke obedience to an order, because the means he will employ is not lawful. President told him to kill or else
he will have P01’s family killed. P01 killed C. Could P01 invoke the exempting circumstance of having acted under an impulse
of an uncontrollable fear of an equal or greater injury?
NO. Although it appears that the threat on the life of his family is greater than him killing another person, he may not invoke the
exempting circumstance. 1. He had the opportunity to escape from the threat of the president. 2. Was the threatened wrong
speculative? Debatable.
• If the threatened wrong is speculative, remote, or fanciful, then this defense is considered negated.
PREVENTED BY SOME LAWFUL Requisites:

OR INSUPERABLE CAUSE (PAR. 7) 1. An act is required by law to be done;
2. A person fails to perform such act; and
Any person who fails to perform an 3. His failure to perform such act was due to some lawful or insuperable cause.
act required by law, when prevented
by some lawful or insuperable cause. Lawful Cause
Confession about conspiracy to commit treason during the war. Misprision of Treason? No, the
priest was prevented by a lawful cause. Priest has no obligation to present any information
acquired during confession. [REYES, Book 1]
Insuperable Cause
A was a police officer assigned in Pagudpod. He saw B stab someone to death. A chased B
who started running. After 2 weeks A was able to chase B. Typhoon and Earthquake destroyed
all roads and bridges leading back to Ilocos Norte so B could not be delivered to proper judicial
authorities. After a week the roads were fixed and A was able to file a case in court for homicide
against B. B then filed a countercharge for Article 125 (Delay in the Delivery of Detained
Persons to Proper Judicial Authorities). A can invoke exemption by reason of the insuperable
cause.
ENTRAPMENT VS. INSTIGATION

ENTRAPMENT INSTIGATION
The idea and design to bring about the commission of the crime The criminal design originates from and is already in the mind of
originated and developed in the mind of the law enforcers. the lawbreaker even before entrapment.
The law enforcers induce, lure or incite a person who is not minded The law enforcers resort to ways and means for the purpose of
to commit a crime and would not otherwise commit it, into capturing the lawbreaker in flagrante delicto.
committing the crime.
This circumstance absolves the accused from criminal liability. This circumstance is no bar to prosecution and conviction of the
lawbreaker.
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MITIGATING CIRCUMSTANCES (ARTICLE 13, REVISED PENAL CODE)
GENERIC OR PRIVILEGED?
• PARAGRAPHS 3 to 10 = GENERIC
• PARAGRAPH 2 = GENERIC (Senility) and PRIVILEGED (Minority)
• PARAGRAPH 1 = IT DEPENDS (Generic and/or Privileged)
INCOMPLETE JUSTIFYING AND INCOMPLETE Requisites:

EXEMPTING (PAR. 1)
A majority, but not all, elements of justifying and exempting circumstances
are present.
Those mentioned in the preceding chapter, when all the
requisites necessary to justify the act or to exempt from • 2/4 = Privileged
criminal liability in the respective cases are not attendant. • 2/3 = Privileged
• 1/2 = Privileged
Remember: Unlawful aggression is an indispensable in self-defense,

defense of a relative, and defense of a stranger.
CONDITIONAL MINORITY AND SENILITY (PAR. 2) Requisites of Conditional Minority (Privileged):

• Offender is above fifteen but below eighteen years of age.
• Personal note: Presupposes that the child acted with discernment.
Requisites of Senility (Generic):

• Offender is over seventy years.
NO INTENTION TO COMMIT SO GRAVE A WRONG Requisites: [END]

(PAR. 3) There is Evident and Notable Disproportion between the means
employed to execute the criminal act and its consequences.
That the offender had no intention to commit so grave a
wrong as that committed. Must always be appreciated if there is Praeter Intentionem
SUFFICIENT THREATS AND PROVOCATION (PAR. Requisites: [PISO]

4) 1. Provocation must be Sufficient;
2. It must Originate from the offended party;
3. It must be Personal and Directed to the accused; AND
That sufficient provocation or threat on the part of the
4. It must be Immediate to the act, i.e., to the commission of the crime
offended party immediately preceded the act.
by the person who is provoked.
VINDICATION OF GRAVE OFFENSE (PAR. 5) Requisites: [GV]

1. That there be a Grave offense done to the one committing the
That the act was committed in the immediate vindication felony, his spouse, ascendants, descendants, legitimate, natural or
of a grave offense to the one committing the felony adopted brothers or sisters, OR relatives by affinity within the same
(delito), his spouse, ascendants, descendants, degree; AND
legitimate, natural, or adopted brothers or sisters, or 2. That the felony is committed in Vindication of such grave offense.
relatives by affinity within the same degrees.
A lapse of time is allowed between the vindication and the doing of
the grave offense.
PASSION OR OBFUSCATION (PAR. 6) Requisites: [I-P-A(US)-L]

1. The accused acted upon an Impulse;
That of having acted upon an impulse so powerful as 2. The impulse must be so Powerful that it naturally produces passion
naturally to have produced passion or obfuscation. or obfuscation in him;
3. That there be an Act, both Unlawful and Sufficient to produce such
condition of mind; AND
4. That said act which produced the obfuscation was not far removed
from the commission of the crime by a considerable Length of time,
during which the perpetrator might recover his normal equanimity.
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VOLUNTARY SURRENDER AND CONFESSION OF Requisites of Confession of Guilt:
GUILT (PAR. 7) 1. Offender must have confessed his guilt in open court which has
jurisdiction over the case of offender;
That the offender had voluntarily surrendered himself to • Not given by offender during the custodial investigation, inquest, or
a person in authority or his agents, or that he had preliminary investigation
voluntarily confessed his guilt before the court prior to the • Given during arraignment, during pre-trial (plea bargaining), or
presentation of the evidence for the prosecution. during trial (before presentation of evidence)
2. Confession must be voluntary (not conditional);
3. The confession must be made before prosecution starts presenting
evidence; AND
• Example: During trial, when a witness identifies the accused
the latter may no longer avail of confession of guilt.
(Prosecution deemed to have started presenting evidence
already.)
• During reverse trial, where the accused claims an affirmative
defense and the defense presents evidence first, a confession
of guilt may still be appreciated as long as it is made before
the prosecution presents evidence.
4. Offender must have confessed his guilt to the crime charged in the
information (Additional Requisite – People vs. Taraya)
Requisites of Voluntary Surrender:

1. Offender should not have been actually arrested;
2. Surrendered to a person in authority or to an agent of a person in
authority
3. Surrender must be voluntary (not conditional);
a. Acknowledged his guilt; or
b. That he in surrendering has the intention of saving the
government’s time, effort and money in his capture; AND
4. There is no pending warrant of arrest or information filed.
(Additional Requisite – People vs. Taraya)
De Vera vs. De Vera (Exception to the 4th Requisite)

• Taraya ruling does not apply because only an hour or two had
passed from the time he learned an order of arrest.
• Case to case basis to apply 4th requisite.
• Voluntary surrender with Confession of guilt both appreciated.
PHYSICAL DEFECT (PAR. 8) Requisites: [PR]

1. The offender is:
That the offender is deaf and dumb, blind or otherwise a. Deaf and Dumb
suffering some physical defect which thus restricts his b. Blind, or
means of action, defense, or communication with his c. Otherwise suffering from some physical defect which thus restricts
fellow beings. his means of:
i. Action
ii. Defense, or
iii. Communication with his fellow beings; AND
2. Physical defect must have a relation to the commission of the crime.
ILLNESS (PAR. 9) Requisites: [WC]
Such illness of the offender as would diminish the Illness of the offender:
exercise of the will-power of the offender without 1. Must diminish the exercise of his will-power; AND
however depriving him of consciousness of his acts 2. Should NOT deprive the offender of consciousness of his acts.
SIMILAR AND ANALOGOUS CIRCUMSTANCES Voluntary restitution of stolen property in theft (Canta vs. People) as well as
(PAR. 10) reimbursement, whole or partial, in malversation (Legrama vs.
Sandiganbayan) are similar to voluntary surrender and confession of guilt
(both are applied).
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AGGRAVATING CIRCUMSTANCES (ARTICLE 14, REVISED PENAL CODE)
Note: Unlike in Art. 13, there is no analogous circumstances in Art. 14.

TAKING ADVANTAGE OF PUBLIC NOTES
POSITION • A specific aggravating circumstance – applicable only to public officers and
(PAR. 1) employees.
That advantage be taken by the offender • Inherent under crimes committed by public officers.
of his public position. • Also inherent under the crime of falsification committed by public officers or
employees.
Requisites:
1. He has used the prestige/influence his office has given him in committing the crime
• Were it not for his public position, he would not have committed the crime.
CONTEMPT OR INSULT TO PUBLIC Requisites:

AUTHORITIES (PAR. 2) 1. Offender must have committed a crime;
2. In the presence of a public authority;
That the crime be committed in 3. Offender knows the presence of a public authority (did not deter the offender); AND
contempt of or with insult to the public 4. Public authority was not a victim of the crime.
authorities. • Teacher may be considered as a person in authority only if a victim of direct assault
under Art. 148. In any other circumstances, the teacher is not a person in authority.
DISREGARD OF RANK, AGE, OR SEX NOTES:

AND DWELLING (PAR. 3) Sex
• Offender must be a man and the offended party a woman.
That the act be committed with insult or • Crime of rape is against persons, is this inherent? It depends:
in disregard of the respect due to the
offended party on account of his rank, Carnal knowledge Sexual Assault
age, or sex, or that it be committed in the Inherent. Not inherent.
dwelling of the offended party, if the
latter has not given provocation. Age
• There must be a great disparity between the age of the offender and the offender
party.
Rank
• Offended party must hold a high position compared to the offender.
Note: Sex, age, and rank is a specific aggravating circumstance – applicable only in crimes
against persons and crimes against honor.
Note: Sex, age, and rank are not in themselves aggravating. There must be deliberate intent
to disregard the same.
Dwelling
• As long as some of the acts happened in the dwelling, it can be appreciated.
• May not be appreciated if both offender and offended parties have the right to stay
in the dwelling (even by mere tolerance).
• Inherent in trespass to dwelling, robbery, and violation of domicile.
• For provocation to negate this, the provocation:
▪ Must have come from the victim;
▪ Must be sufficient; and
▪ Must have immediately preceded the criminal act.
People vs. Tano

Dwelling aggravates a felony when the crime was committed in the residence of the offended
party and the latter has not given any provocation. The dwelling should solely/exclusively be
used for residential purposes. In case the commercial and residential exist in the same
location, dwelling will not be appreciated.
ABUSE OF CONFIDENCE (PAR. 4) Requisites:

1. Offended party deposed confidence upon the offending party;
That the act be committed with abuse of 2. Offending party abused such confidence in committing the crime;
confidence or obvious ungratefulness. 3. Abuse of confidence is grave; AND
4. Were it not for the confidence reposed, the crime would not have been committed.
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IN THE PALACE OF THE CHIEF Requisites:
EXECUTIVE ETC. (PAR. 5) “That the crime be committed:
1. In the palace of the Chief Executive;
That the crime be committed in the • Crime may be committed in the palace even without the chief executive’s presence.
palace of the Chief Executive, or in his 2. In his presence;
presence, or where public authorities • Appreciated if committed in the presence of the chief executive, even if he was not
are engaged in the discharge of their performing a public function at the time.
duties, or in a place dedicated to 3. Where public authorities are engaged in the discharge of their duties; OR
religious worship. • Public authority mentioned may or may not be the victim, as long as it is committed
IN THE PLACE where the public authorities are engaged in the discharge of their
duties.
4. In a place dedicated to religious worship.”
Note: The fact that the crime was committed in any of these said places does not ipso mean
that it would be aggravating. The offender must have thought beforehand of committing
the crime therein.
NIGHTTIME, UNINHABITED PLACE, For any of these three to aggravate, either of the following must exist:
OR BAND (PAR. 6) 1. Offender must have taken advantage of it;
2. Specially sought for to ensure or afford impunity; OR
That the crime be committed in the
3. Facilitated the commission of the crime.
nighttime, or in an uninhabited place, or
by a band, whenever such Requisites of Nighttime:
circumstances may facilitate the 1. Committed from dusk until dawn (6PM to 6AM); AND
commission of the offense. 2. Under the cover of darkness.
Uninhabited Place
Whenever more than three armed • Should not be taken literally.
malefactors shall have acted together in The test is: it is a place wherein a crime was committed and during which the victim
the commission of an offense it shall be would not have received reasonable aid or assistance from passers-by
deemed to have been committed by a
By a Band
band.
• Band – at least four (4) armed malefactors who acted together in the commission
of the crime.
• Difference with Aid of Armed Men in Par. 8 – in par. 8, the armed men are not
co-conspirators.
CALAMITY/MISFORTUNE (PAR. 7) NOTES:
• Instead of lending aid, offender had instead chosen to commit a crime.
That the crime be committed on the • Qualifies murder (if done on any of those calamities)
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity • Qualifies theft (2 degrees higher)
or misfortune.
AID OF ARMED MEN (PAR. 8) NOTES:
This circumstance is different from band under par. 6.
That the crime be committed with the aid • Band members under par. 6 are principals by direct participation.
of armed men or persons who insure or
afford impunity. • The armed men referred here in par. 8 are mere accomplices who aided the
principals.
RECIDIVISM (PAR. 9) REITERACION/HABITUALITY (PAR. 10)
That the accused is a recidivist. That the offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
A recidivist is one who, at the time of his
trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same
title of this Code.
Requisites: Requisites:
1. The offender is on trial for an offense;
One who (1) at the time of his trial for 2. He previously served sentence for:
one crime shall have been (2) previously (a) another offense to which the law attached equal or greater penalty; OR
convicted by final judgment of another (b) two (2) or more crimes to which it attaches lighter penalty than that for the new
crime (3) embraced in the same title of offense; AND
the RPC. [People v. Lagarto, G.R. No. 3. Offender is convicted of the new offense.
65833 (1991)]
12
It is enough that final judgment has Offender shall have served out his sentence for the first offense.
been rendered for the first offense.
Offenses are required to be included in Offenses need not be included in the same title of the Code.
the same title of the Code.
It is always an aggravating It is not always an aggravating circumstance. It is dependent upon the discretion of the
circumstance. judge.
PRICE, REWARD, OR PROMISE • To be appreciated, the PRP must be the determining cause of the crime. The
[PRP] (PAR. 11) material executor must not have been motivated by any personal
motive/reason.
That the crime be committed in • If it is a qualifying circumstance, it may be appreciated not only against the principal
consideration of a price, reward, or by direct participation, but also against the inducer.
promise. • This is also a qualifying circumstance in murder.
INUNDATION, FIRE, POISON, Fire

EXPLOTION ETC. (PAR 12) • Inherent in the crime of Arson.
• In cases where both burning and death occur, in order to determine what
That the crime be committed by means
crime/crimes was/were perpetrated – whether arson, murder or arson and
of inundation, fire, poison, explosion,
stranding of a vessel or intentional homicide/murder, it is de rigueur to ascertain the main objective of the
damage thereto, derailment of a malefactor: (a) if the main objective is the burning of the building or edifice, but
locomotive, or by the use of any other death results by reason or on the occasion of arson, the crime is simply arson,
artifice involving great waste and ruin. and the resulting homicide is absorbed; (b) if, on the other hand, the main
[IFPESID-G] objective is to kill a particular person who may be in a building or edifice, when
fire is resorted to as the means to accomplish such goal the crime committed is
murder only; lastly, (c) if the objective is, likewise, to kill a particular person, and
in fact the offender has already done so, but fire is resorted to as a means to
cover up the killing, then there are two separate and distinct crimes
committed –homicide/murder and arson. (People vs. Malngan, 503 SCRA 294)
Explosion
• Inherent in the crime of Destruction.
• An offender with intent to kill, who kills another with an explosive device would be
liable for murder.
• Range of explosive power as decided by jurisprudence would be from pill box
(weak) to a nuclear bomb (strong).
Inundation
• Murder by means of drowning e.g., placing a person in a drum filled with water,
and the person drowns.
Use of Any Artifice Including Great Waste and Ruin

• A planned to kill B, who lived alone in a 50-story building. He chartered a 747 jet
and maneuvered the aircraft to ram the building and he escaped by parachute. The
building crumbled and B was killed. Of what crime is A guilty? Murder. Qualified by
use of any artifice involving great waste and ruin.
EVIDENT PREMIDETATION (PAR. 13) • Inherent in the crimes of Robbery, Theft, Estafa, Intentional Malversation, Rape,
Acts of Lasciviousness according to the Supreme Court.
That the act be committed with evident
premeditation. Note: Atty. Ticman does not agree in cases of rape and acts of lasciviousness.
Nevertheless, for the purposes of the bar exam, follow the Supreme Court.
• It is a well-settled rule that it will only be appreciated if the actual victim is the
intended victim.
Requisites:The prosecution must prove –

1. The time when the offender had conceived the plan to commit the crime;
2. Act or acts indicating that the offender had clung to his determination; AND
3. Considerable lapse of time between the time the offender had conceived the plan
to commit the crime up to its actual execution, so as to afford the accused the
opportunity to reflect upon the consequences of his actions.
13
CRAFT, FRAUD, OR DISGUISE (PAR.
14) Craft Fraud
Intellectual trickery. Use of insidious words.
That craft, fraud, or disguise be
employed.
Disguise – purpose of the offender is to conceal his identity, to insure or afford impunity. For
example, wearing a helmet while walking, as distinguished from wearing a helmet while riding
a motorcycle.
SUPERIOR STRENGTH (PAR. 15) NOTES:

• A specific aggravating circumstance – applicable only in crimes against persons.
That advantage be taken of superior • Mere superiority in numbers, strength, physical build, weapon used of the offender
strength, or means be employed to over the offended party are not in themselves aggravating.
weaken the defense.
For it to be appreciated, the prosecution must prove that the offender has
notoriously chosen or taken advantage of their superiority in committing the crime
(not merely incidental).
• May not be appreciated in spur of the moment crimes, as there must be preparation
involved in the commission of the crime.
• It is a well-settled rule that abuse of superior strength is absorbed in treachery.
TREACHERY (PAR. 16) NOTES:

• A specific aggravating circumstance – applicable only in crimes against persons.
That the act be committed with treachery • May this be appreciated in robbery with homicide? YES. Only as a generic
(alevosia). aggravating circumstance. Even if not a crime against persons, treachery may be
appreciated in this case because the law on treachery and robbery with homicide
There is treachery when the offender looks at the constituent crime of homicide and not robbery.
commits any of the crimes against the • Essence of treachery – Attack must be sudden, swift, or unexpected.
person, employing means, methods, or • There must be some sort of preparation – the offender must have deliberately
forms in the execution thereof which and consciously adopted the means of the attack.
tend directly and specially to insure its
execution, without risk to himself arising Hence, it may not be appreciated:
from the defense which the offended
party might make.
▪ If preceded by a heated argument; OR
▪ If preceded by provocation by offended party no matter how slight.
Ratio: The offended should be placed on guard that he or she may be
attacked.
▪ If the meeting is casual/by chance.

Ratio: The offender could not have deliberately and consciously adopted
the means of the attack.
Requisites:
1. Offender consciously adopts particular means, methods, or forms tending directly
and specially to ensure the execution of the crime; AND
2. The employment of such means gave the offended party no opportunity to defend
himself or retaliate.
IGNOMINY (PAR. 17) CRUELTY (PAR. 21)

That means be employed or circumstances brought about That the wrong done in the commission of the crime be deliberately
which add ignominy to the natural effects of the act. augmented by causing other wrong not necessary for its commission.
Requisites: Requisites:
The means employed or the circumstances brought about 1. Injury caused was deliberately increased by causing other wrong;
must tend to make the effects of the crime more humiliating 2. Other wrong was not necessary for the commission of the crime.
or to put the offended party to shame.
• Specific aggravating circumstance – only applicable in Crimes
against Persons.
Specific aggravating circumstance – only applicable in • Qualifying Circumstance in Murder.
Crimes against Chastity.
There was a fight between A and B, A was able to punch and place B in
a semi- conscious state. A had begun removing B’s skin, teeth,
eyebrows, and nails, before finally killing him. What crime was committed
by A? MURDER BY MEANS OF CRUELTY.
Moral or emotional suffering is involved. Physical suffering is involved.
14
UNLAWFUL ENTRY (PAR. 18) BREAKING OF WALL, ROOF, FLOOR, DOOR OR WINDOW (PAR. 19)
That the crime be committed after an That as a (1) means to the commission of a crime (2) a wall, roof, floor, door, or window be
unlawful entry. broken.
There is an unlawful entry when an

entrance is effected by a way not
intended for the purpose.
Both pars. 18 and 19 are inherent in the crimes of:

1. Trespass
2. Violation of Domicile
3. Robbery in an Inhabited/Uninhabited or Force Upon Things
AID OF MINORS; MOTOR VEHICLES, AIRSHIPS, OR OTHER SIMILAR MEANS (PAR. 20)
That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar
means.
AID OF MINORS MOTOR VEHICLES, AIRSHIPS, OR OTHER SIMILAR MEANS

Commission of the crime is committed Requisites:
with the aid of children under 15 years 1. That any of the following was used:
of age. a. Motorized vehicles; or
b. Other efficient means of transportation similar to automobile or airplane; AND
2. The same was used as means of committing the crime, such as by using the
same to:
a. Go to the place of the crime.
b. Carry away the effects thereof; OR
c. Facilitate their escape.
15
ALTERNATIVE CIRCUMSTANCES (ARTICLE 15, REVISED PENAL CODE)
ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication
and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony
in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual
or intentional it shall be considered as an aggravating circumstance.
Note: May either be a generic mitigating circumstance or generic aggravating circumstance.
INTOXICATION
NOT Habitual Habitual
Aggravating – if subsequent to the plan to commit the crime. Always aggravating.
Mitigating – if prior to the plan to commit the crime.
RELATIONSHIP
• The rule varies depending on the crime committed:

Crimes Against Property Crimes Against Persons Crimes Against Chastity
GR: Always mitigating. GR: Always aggravating. GR: Always aggravating
XPNS: Exempting in the following XPNS: XPNS: When inherent e.g.,

crimes: qualified seduction.
1. Parricide (inherent).
1. Theft 2. Less serious physical
2. Swindling injuries provided the
3. Malicious Mischief (Art. offender is a relative
332, RPC) higher in degree.
3. Slight physical Injuries
Note: In robbery with homicide, provided the offender is a
relationship is mitigating because it relative higher in degree.
is a crime against property. 4. Serious physical injuries
provided the offender is
one of the parents, and the
parents inflicted the same
by excessive
chastisement (Art. 263,
last par.)
Note: If collateral relative, always

aggravating.
DEGREE OF EDUCATION OR INSTRUCTION
Low Degree of Instruction or Education High Degree of Instruction or Education

Mitigating Aggravating, provided that it is used in committing the
crime.
Test: In determining the degree of education or instruction, the INTELLIGENCE TEST is used (not the knowledge test) which posits
that the person’s educational attainment is not necessarily controlling. What is important is that the person knows the consequences of
his actions by reason of his background/circumstances.
16
C. APPLICATION OF THE INDETERMINATE SENTENCE LAW
MANDATORY NOTES: Application of ISLAW is mandatory because the law employs the phrases “convicts shall be sentenced”
and “the court shall sentence the accused to an indeterminate sentence.” [People v. Yu Lian, CA 40 OG 4205,
as cited in REYES, Book 1]
WHY After serving the minimum, the convict may be released on parole, OR if he is not fitted for release, he shall
“INDETERMINATE continue serving his sentence until the end of the maximum [REYES, Book 1]
SENTENCE”
APPLICABILITY General Rule: Applicable to those sentenced with imprisonment exceeding one (1) year.
• Application of the law is based on the penalty actually imposed. Hence, in a case where the court
imposes a penalty of prisión correccional minimum (6 months and 1 day), ISLAW does not apply [People
v. Moises, G.R. No. L-32495 (1975), cited in REYES, Book 1]
Exceptions:
1. Not applicable when unfavorable to the accused [People v. Nang Kay, 88 Phil. 515, 519 as cited in
REYES, Book 1]
2. The following are excluded from coverage: [Sec. 2, ISLAW] [PH LENDS TRES TVJ]
a. Convicted of Piracy
b. Habitual delinquents (but applies to recidivists).
c. Convicted of offenses punished with death penalty or Life imprisonment.
However, when there are two mitigating circumstances, despite the offense being punishable by
reclusion temporal to death, ISLAW applies. [People v. Roque, 90 Phil 142, 146 (1951), as cited in
REYES, Book 1]
d. Those who shall have escaped from confinement or Evaded service of sentence
e. Those whose maximum term of imprisonment does Not exceed one year.
f. Those sentenced to the penalty of Destierro or Suspension.
g. Convicted of misprision of Treason, Rebellion, Espionage, Sedition.
h. Convicted of Treason, conspiracy or proposal to commit treason.
i. Those who Violated the terms of conditional pardon granted to them by the Chief Executive.
j. Those who had been sentenced by final Judgment at the time of the approval of this law.
Note: ISLAW was approved on June 19, 1965
MAXIMUM AND NOTES:

MINIMUM TERMS Law Maximum Term Minimum Term
Penalty which could be properly Court’s discretion, provided that
RPC imposed under the rules of the the minimum term is anywhere
RPC, in view of the attending within the range of the penalty next
circumstances. lower to that prescribed by the
RPC for the offense, without
Basis: Imposable penalty (after regard to its 3 periods. [Sec. 1,
considering mitigating or ISLAW]
aggravating circumstances) [Sec.
1, ISLAW] Basis: Prescribed penalty, not the
imposable penalty. [People v.
Temporada, supra]
Maximum term shall not exceed Minimum term shall not be less
Special Law the maximum fixed by the special than minimum specified by the
law. [Sec. 1, ISLAW] law.
General Rule: Presence of

attending circumstances does not Same.
affect the imposition of the penalty.
Exception: When the special law

adopts the technical nomenclature
and signification of penalties under
RPC, indeterminate sentence is
based on rule intended for
Same.
17
18
D. SERVICE OF SENTENCE
GENERAL RULE, SERVED NOTES:
SIMULTANEOUSLY, if the nature of A – convicted of six (6) counts of Estafa:
the penalties will so permit. 1st count 2nd count 3rd count 4th count 5th count 6th count
Otherwise, it is served 10 years 9 8 7 6 5
SUCCESSIVELY – most severe must years years years years years
be served first.
Total: 45 years
ARTICLE 70. Successive Service of

Penalty of imprisonment should be served successively because, by their nature, they
Sentences; Exception. — When the
cannot be served simultaneously.
culprit has to serve two or more
• Most severe must be served first under Art. 70.
penalties, he shall serve them
Three-Fold Rule
simultaneously if the nature of the
• Concept: Must not serve more than thrice of the highest penalty.
penalties will so permit; otherwise,
said penalties shall be executed
Not “Imposition of Penalty,” but “Service”
successively, following the order of
Court must impose all the penalties for all the crimes of which the accused is found
their respective severity, which shall
guilty, but in the service of the same, they shall not exceed three times the most
be determined in accordance with the
severe and shall not exceed 40 years – three-fold maximum penalty. [Mejorada v.
following scale:
Sandiganbayan, G.R. Nos. L-51065-72 (1987)]
1. Death.
2. Reclusión perpetua. • Applicability: This rule only applies when the convict has to serve at least four (4)
3. Reclusión temporal. sentences and cannot exceed three-fold the most severe. If only 2 or 3 penalties
4. Prisión mayor. corresponding to different crimes committed by the convict are imposed, it is not
5. Prisión correccional. possible to apply the three-fold rule [REYES, Book 1].
6. Arresto mayor.
7. Arresto menor.
Three-fold rule applies although the penalties were imposed for different crimes, at
different times, and under separate informations [Torres vs. Superintendent, G.R. No.
A person sentenced to destierro who
40373 (1933)]
is also sentenced to the penalty of
prisión or arresto shall be required to
serve these latter penalties before • Application: Applying the three-fold rule to the facts above, A will only serve thirty
serving the penalty of destierro. (30) years of imprisonment.
In Any Case, Limitation of Maximum Period to Forty (40) years

• Q: What if in the 1st count, A was made to suffer fifteen (15) years?
A: The period of imprisonment is NOT forty-five (45) years, but forty (40) years only.
THREE-FOLD RULE IN RELATION NOTES:

TO SUBSIDIARY IMPRISONMENT The three-fold rule does not preclude subsidiary imprisonment for failure to pay a fine, provided
that the principal penalty does not exceed 6 years. The provision of Art. 70 that "no other
penalty to which he may be liable shall be inflicted after the sum total of those imposed equals
the said maximum period," only means that the convict shall not serve the excess over the
maximum of three-fold the most severe penalty.
Illustration:
“B” was found guilty in 17 criminal cases, the most severe penalty imposed was 6 months and
1 day, plus a fine of PI,000, with subsidiary imprisonment in case of insolvency. After serving
18 months and 3 days in prison, B filed a petition for habeas corpus, contending that applying
the three-fold rule, he cannot be made to serve more time. In deciding the case, the SC ruled
that the subsidiary imprisonment for nonpayment of the fine cannot be eliminated so long as
the principal penalty is not higher than 6 years of imprisonment even if he already served three-
fold of the most severe penalty.
Applying said rule, if petitioner would not be able to pay the fine, the maximum duration of his
imprisonment shall be 18 months and 3 days of the principal penalty plus 6 months and 1 day
of subsidiary imprisonment for failure to pay the fine, or a total of 2 years and 4 days. [Bagtas
vs. Director of Prisons, 84 Phil. 692, 698 (1949)]
19
E. EFFECT OF DEATH OF THE ACCUSED
BEFORE FINAL JUDGMENT AFTER FINAL JUDGMENT
CRIMINAL LIABILITY (Fine and Imprisonment) = SAME.
EXTINGUISHED
CIVIL LIABILITY CIVIL LIABILITY
1. Delict = Extinguished 1. Delict

2. Law 2. Law
3. Contract 3. Contract. Survives
4. Quasi-Contract Survives 4. Quasi-Contract Enforce: Writ of Execution
5. Quasi-Delict Enforce: Special Civ. Action 5. Quasi-Delict
20
F. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
ARTICLE 246. Parricide. — Any person ELEMENTS:

who shall kill his father, mother, or child, 1. That a person is killed;
whether legitimate or illegitimate, or any 2. That the deceased is killed by the accused; AND
of his ascendants, or descendants, or 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate,
or any of his ascendants, or legitimate spouse of the accused.
his spouse, shall be guilty of parricide
and shall be punished by the penalty of
NOTES:
reclusión perpetua to death.
• When the husband kills his wife and her female love who were in the act of sexual
intercourse, he shall be liable for Parricide. Homosexual intercourse “is not within
the contemplation of the term “sexual intercourse” in Article 247. (2015 Bar
Question)
ARTICLE 247. Death or Physical NOTES:
Injuries Inflicted Under Exceptional • This article does not define and penalize a felony.
Circumstances. — Any legally married • The penalty of destierro is not really intended as a penalty but to protect the killer
person who, having surprised his spouse from acts of reprisal from the relatives of the deceased spouse.
spouse in the act of committing sexual • The discovery, escape, pursuit, and killing must all be part of the one continuous
intercourse with another person, shall act. – The defense under exceptional circumstances can still be availed in this
kill any of them or both of them in the act Article even if 1 hour has elapsed from the time the husband has “surprised his
or immediately thereafter, or shall inflict spouse” (People vs. Abarca, 153 SCRA 735)
upon them any serious physical injury, • In the event of the killing of the deceased third spouse, a third person was injured,
shall suffer the penalty of destierro. the offender spouse can invoke the defense of lawful exercise of a right under par.
5 of Article 11. However, in the case of People vs. Abarca, the accused was held
If he shall inflict upon them physical guilty under Art. 365 (Physical injuries through reckless imprudence)
injuries of any other kind, he shall be • The offender is exempted from criminal liability under Art. 247. However, he is not
exempt from punishment. exempted from civil liability.
These rules shall be applicable, under ELEMENTS:

the same circumstances, to parents with 1. That the legally married person or parent surprises his spouse or daughter (The
respect to their daughters under daughter being 18 years of age, single, and living with him, does not matter if parent
eighteen years of age, and their is legitimate or not) in the act of committing sexual intercourse with another person;
seducers, while the daughters are living 2. That he or she kills any or both of them or inflicts injury upon any or both of them
with their parents. any serious physical injury in the act or immediately thereafter; AND
3. That he has not promoted or facilitated the prostitution of his wife or daughter or that
Any person who shall promote or he or she has not consented to the infidelity of the other spouse.
facilitate the prostitution of his wife or
daughter, or shall otherwise have
consented to the infidelity of the other
spouse shall not be entitled to the
benefits of this article.
ARTICLE 248. Murder. — Any person ELEMENTS:

who, not falling within the provisions of 1. A person was killed;
article 246 shall kill another, shall be 2. The accused killed him; AND
guilty of murder and shall be punished 3. Killing was attended by any of the following qualifying circumstances:
by reclusión temporal in its maximum a. With treachery, taking advantage of superior strength, with the aid of armed
period to death, if committed with any of men, or employing means to weaken the defense or of means or persons to
the following attendant circumstances: insure or afford impunity.
b. In consideration of a price, reward or promise.
1. With treachery, taking advantage of c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
superior strength, with the aid of armed vessel, derailment or assault upon a street car or locomotive, fall of an airship,
men, or employing means to weaken the by means of motor vehicles, or with the use of any other means involving great
defense or of means or persons to waste and ruin.
insure or afford impunity. d. On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or
any other public calamity.
21
2. In consideration of a price, reward or e. With evident premeditation.
promise.
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the
3. By means of inundation, fire, poison, victim, or outraging or scoffing at his person or corpse.
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a Note: These circumstances must be alleged in the information. Otherwise, they
street car or locomotive, fall of an will not qualify the killing into murder.
airship, by means of motor vehicles, or
with the use of any other means NOTES:
involving great waste and ruin.
• If the offenders really intend to kill the victim, but before he was killed, he was
detained, only the crime of murder is committed. However, if the original intention
4. On occasion of any of the calamities of the offenders is to kidnap and detain the victim, however the victim was killed as
enumerated in the preceding paragraph, an afterthought, the crime committed is kidnapping with homicide.
or of an earthquake, eruption of a • Killing another person under the influence of prohibited drugs qualifies the crime to
volcano, destructive cyclone, epidemic, murder as provided under Sec. 25 of R.A. 9165.
or any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and

inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his
person or corpse.
ARTICLE 249. Homicide. — Any ELEMENTS:

person who, not falling within the 1. That a person was killed;
provisions of article 246 shall kill another 2. That the accused killed him without any justifying circumstance;
without the attendance of any of the 3. There is a presumption that the accused had the intention to kill; AND
4. That the killing was not attended by any qualifying circumstances of murder,
circumstances enumerated in the next
parricide, or infanticide.
preceding article, shall be deemed guilty
of homicide and be punished by NOTES:
reclusion temporal.
• When a common law relationship between spouses exist, the crime of homicide and
not parricide shall be charged against the accused.
ARTICLE 251. Death Caused in a ELEMENTS: [SGT-KAV]

Tumultuous Affray. — When, while
several persons, not composing groups 1. There are several persons;
organized for the common purpose of 2. They do not compose groups organized for the common purpose of assaulting and
assaulting and attacking each other attacking each other reciprocally
reciprocally, quarrel and assault each 3. These several persons quarreled and assaulted one another in a confused and
other in a confused and tumultuous tumultuous manner;
manner, and in the course of the affray 4. Someone was killed in the course of the affray;
someone is killed, and it cannot be 5. It cannot be ascertained who actually killed the deceased; and
ascertained who actually killed the 6. The person or persons who inflicted serious physical injuries or who used violence
deceased, but the person or persons can be identified.
who inflicted serious physical injuries
can be identified, such person or
NOTES: In a tumultuous affray, if it cannot be ascertained as to who inflicted the mortal injury
persons shall be punished by prisión
that caused the death of the person, the person or persons who inflicted serious physical
mayor.
injuries are liable for the death of the victim.
If it cannot be determined who inflicted

the serious physical injuries on the
deceased, the penalty of prisión
correccional in its medium and
maximum periods shall be imposed
upon all those who shall have used
violence upon the person of the victim.
ARTICLE 252. Physical Injuries NOTES:

Inflicted in a Tumultuous Affray. — • Not asked in the bar from 1990 to 2015.
22
When in a tumultuous affray as referred
to in the preceding article, only serious ELEMENTS:
physical injuries are inflicted upon the 1. There is a Tumultuous affray;
participants thereof and the person 2. A participant or some participants thereof Suffered serious physical injuries or
responsible therefor cannot be physical injuries of a less serious nature only;
identified, all those who appear to have
3. Person responsible cannot be Identified; and
used violence upon the person of the 4. All those who appear to have used violence upon the person of the offended party
offended party shall suffer the penalty are Known.
next lower in degree than that provided
for the physical injuries so inflicted.
ARTICLE 253. Giving Assistance to NOTES:

Suicide. — Any person who shall assist • Asked once in the bar from 1990 to 2015.
another to commit suicide shall suffer
the penalty of prisión mayor; if such MODES
person lends his assistance to another 1. Assisting another to commit suicide, whether the suicide is consummated or not;
OR
to the extent of doing the killing himself,
2. Lending his assistance to another to commit suicide to the extent of doing the killing
he shall suffer the penalty of reclusión himself.
temporal. However, if the suicide is not
consummated, the penalty of arresto
mayor in its medium and maximum
periods shall be imposed.
ARTICLE 254. Discharge of Firearms. NOTES:

— Any person who shall shoot at • Not asked in the bar from 1990 to 2015.
another with any firearm shall suffer the
penalty of prisión correccional in its ELEMENTS:
minimum and medium periods, unless 1. Offender Discharges a firearm against or at another person; AND
2. Offender has No intention to kill that person.
the facts of the case are such that the
act can be held to constitute frustrated
or attempted parricide, murder,
homicide or any other crime for which a
higher penalty is prescribed by any of
the articles of this Code.
ARTICLE 255. Infanticide. — The ELEMENTS:

penalty provided for parricide in article 1. A child was killed by the offender; AND
246 and for murder in article 248 shall be 2. The child killed was less than 72 hours old.
imposed upon any person who shall kill
any child less than three days of age. NOTES: Example: Miss A had given birth to a baby. 2 days after giving birth the mother had
choked the child to death. Parricide? No. Infanticide. You consider the age of the child and
If the crime penalized in this article be not their relationship as mother and child. (Atty. Ticman)
committed by the mother of the child for
the purpose of concealing her dishonor,
she shall suffer the penalty of prisión
correccional in its medium and
maximum periods, and if said crime be
committed for the same purpose by the
maternal grandparents or either of them,
the penalty shall be prisión mayor.
ARTICLE 256. Intentional Abortion. — NOTES:
Any person who shall intentionally cause • Not asked in the bar from 1990 to 2015.
an abortion shall suffer:
ELEMENTS:
1. The penalty of reclusión temporal, if 1. There is a Pregnant woman;
he shall use any violence upon the 2. Violence is exerted, or drugs or beverages administered, or that the accused
person of the pregnant woman. otherwise acts upon such pregnant woman;
3. As a result of the above acts, the fetus Dies, either in the womb or after having been
expelled therefrom; AND
4. Abortion is Intended.
23
2. The penalty of prisión mayor if, PUNISHABLE ACTS:
without using violence, he shall act 1. Use of Violence upon the pregnant woman.
without the consent of the woman.
2. Acting, but without using violence and without the consent of the woman. (e.g., by
3. The penalty of prisión correccional in administering drugs or beverages upon such pregnant woman without her consent)
its medium and maximum periods, if the 3. Acting (by administering drugs or beverages), With the consent of the pregnant
woman shall have consented. woman.
PERSONS LIABLE:
1. Person who intentionally caused the abortion under Art. 256; and
2. Pregnant woman if she consented under Art. 258 [REYES, Book 2]
ARTICLE 257. Unintentional ELEMENTS:

Abortion. — The penalty of prisión 1. There is a Pregnant woman;
correccional in its minimum and medium 2. Violence is used upon such pregnant woman without intending an abortion;
3. The violence is Intentionally exerted
period shall be imposed upon any
4. Result of violence – fetus Dies, either in the womb or expelled therefrom
person who shall cause an abortion by
violence, but unintentionally. Killed by Husband
If the pregnant woman was killed by violence by her husband, the crime committed is the
complex crime of parricide with unintentional abortion. [Id]
ARTICLE 258. Abortion Practiced by NOTES:

the Woman Herself or by Her Parents. • Not asked in the bar from 1990 to 2015.
— The penalty of prisión correccional in
its medium and maximum periods shall ELEMENTS:
be imposed upon a woman who shall 1. There is a Pregnant woman who suffered an abortion;
practice an abortion upon herself or shall 2. Abortion is Intended;
consent that any other person should do 3. Abortion is Caused by –
so. a. Pregnant woman Herself;
b. Any other person, with her Consent; or
Any woman who shall commit this c. Any of her Parents, with her consent for the purpose of concealing her
offense to conceal her dishonor, shall dishonor.
suffer the penalty of prisión correccional
in its minimum and medium periods. LIABILITY:
1. Pregnant Woman – under (a), (b), (c); liable under this Article/
If this crime be committed by the parents 2. Third Person – under (b); liable under Art. 256 (Intentional Abortion).
of the pregnant woman or either of them, 3. Parents – if the parents acted with the pregnant woman’s consent under (c) to
and they act with the consent of said conceal her honor, they are also liable under this article. [REYES, Book 2]
woman for the purpose of concealing
her dishonor, the offenders shall suffer Mitigating Circumstances
the penalty of prisión correccional in its Penalty of pregnant woman is mitigated if her purpose is to conceal her dishonor. [RPC, Art.
medium and maximum periods. 258(2)] There is no mitigation for parents of the pregnant woman even if the purpose is to
conceal dishonor in abortion, unlike in infanticide. [RPC, Art. 258(1)]
Intentional Abortion (Art. 256) Abortion Practiced by the Woman

Herself or by Her Parents
As to Liability
Third person who caused the abortion is Only the woman herself or her parents can
liable. be liable.
As to Consent
Abortion could have been done with or Woman must have consented to the
without the consent of the pregnant abortion.
woman.
Parents are liable if they acted with the
pregnant woman’s consent to conceal her
dishonor.
ARTICLE 259. Abortion Practiced by NOTES:
a Physician or Midwife and • Not asked in the bar from 1990 to 2015.
Dispensing of Abortives. — The
penalties provided in article 256 shall be Persons Liable
imposed in its maximum period, 1. Physician or midwife who, taking advantage of their scientific knowledge or skill,
respectively, upon any physician or shall cause an abortion or assist in causing an abortion.
24
midwife who, taking advantage of their 2. A pharmacist who, without proper prescription from a physician, shall dispense any
scientific knowledge or skill, shall cause abortive. [RPC, Art. 259]
an abortion or assist in causing the
same. Elements (for Physicians or Midwifes): [PIPA]
Any pharmacist who, without the proper 1. Pregnant suffered an abortion;

prescription from a physician, shall 2. Abortion is Intended;
dispense any abortive shall suffer 3. Offender is a Physician or midwife, who caused or assisted in causing the abortion;
arresto mayor and a fine not exceeding and
1,000 pesos. 4. Said physician or midwife took Advantage of his or her scientific knowledge or skill.
Elements (for Pharmacists):

1. Offender is a Pharmacist;
2. No proper Prescription from a physician; and
3. Offender Dispenses any abortive.
Imposable Penalty
The penalties provided for intentional abortion shall be imposed in the maximum period.
[REYES, Book 2]
It is not necessary that the pharmacist knows that the abortive would be used to
cause an abortion.
What is punished is the dispensing of the abortive without the proper prescription. It is not
necessary that the abortive be actually used either. [REYES, Book 2]
ARTICLE 260. Responsibility of NOTES:

Participants in a Duel. — The penalty • Not asked in the bar from 1990 to 2015.
of reclusión temporal shall be imposed Modes:
upon any person who shall kill his 1. Killing one’s adversary in a Duel;
adversary in a duel. 2. Inflicting upon such adversary physical injuries; or
3. Making a Combat although no physical
If he shall inflict upon the latter physical injuries have been inflicted.
injuries only, he shall suffer the penalty
provided therefor, according to their Persons Liable: [KS]
nature. 1. The person who Killed or inflicted physical injuries upon his adversary, or both
combatants in any other case, as principals.
In any other case, the combatants shall 2. The Seconds, as accomplices.
suffer the penalty of arresto mayor,
although no physical injuries have been Definition of Terms
inflicted. 1. Duel - Formal or regular combat previously concerted between 2 parties in the
presence of two or more seconds of lawful age on each side, who make the
selection of arms and fix all other conditions of the fight. [REYES, Book 2]
The seconds shall in all events be 2. Seconds - Persons who make the selection of arms and fix the other conditions of
punished as accomplices. the fight. [Id]
Imposable Penalty if Death Results – if death results, the penalty is the same as that for
homicide. [Id]
Pre-Concerted Agreement to Fight

Self-defense cannot be invoked if there was a pre-concerted agreement to fight, but if the
attack was made by the accused against his opponent before the appointed place and time,
there is an unlawful aggression, hence, self- defense can be claimed.
ARTICLE 261. Challenging to a Duel. NOTES:

— The penalty of prisión correccional in • Not asked in the bar from 1990 to 2015.
its minimum period shall be imposed
upon any person who shall challenge Modes:
another, or incite another to give or 1. Challenging another to a duel;
2. Inciting another to give or accept a challenge to a duel; or
accept a challenge to a duel, or shall
3. Scoffing at or decrying another publicly for having refused to accept a challenge to
scoff at or decry another publicly for fight a duel.
having refused to accept a challenge to
fight a duel. Persons Responsible:
1. Challengers
2. Instigators [REYES, Book 2]
25
PHYSICAL INJURIES
ARTICLE 262. Mutilation. — The NOTES:

penalty of reclusión temporal to • Not asked in the bar from 1990 to 2015.
reclusión perpetua shall be imposed
upon any person who shall intentionally Punishable Acts
mutilate another by depriving him, either
totally or partially, of some essential Mode 1: Castration Mode 2: Mayhem
organ for reproduction. As to Body Part
Castration is the mutilation of organs Lopping or clipping off any part of the
Any other intentional mutilation shall be necessary for generation; deprives the body of the offended party, other than the
punished by prisión mayor in its medium offended, either totally or partially, of some essential organ for reproduction, to
and maximum periods. essential organ for reproduction. [REYES, deprive him of that part of his body.
Book 2] [REYES, Book 2]
As to Purpose
Mutilation is caused purposely and deliberately.
Intent
Offender must have the intention to deprive the offended party of a part of his body. If there
is no such intention, the crime will be serious physical injuries. [REYES, Book 2]
ARTICLE 263. Serious Physical MODES OF COMMISSION

Injuries. — Any person who shall 1. Beating
wound, beat, or assault another, shall be 2. Wounding
guilty of the crime of serious physical 3. Assaulting
injuries and shall suffer: 4. Administering Injurious Substance
1. The penalty of prisión mayor, if in ELEMENTS:

consequence of the physical injuries When the injured person, in consequence of the physical injuries inflicted –
inflicted, the injured person shall 1. Becomes insane, imbecile, impotent, or blind;
become insane, imbecile, impotent, or 2.
blind; a. Lost the use of speech or the power to hear or to smell, or shall have lost
an eye, a hand, a foot, an arm, or a leg.
b. Lost the use of any such member.
2. The penalty of prisión correccional in c. Becomes incapacitated for the work in which he was theretofore habitually
its medium and maximum periods, if in engaged;
consequence of the physical injuries
inflicted, the person injured shall have
3.
lost the use of speech or the power to
a. Becomes deformed.
hear or to smell, or shall have lost an
b. Lost any other part of his body.
eye, a hand, a foot, an arm, or a leg or
c. Lost the use thereof
shall have lost the use of any such
d. Ill or incapacitated for the performance of the work in which he was
member, or shall have become
habitually engaged for a period of more than ninety days.
incapacitated for the work in which he
was theretofore habitually engaged;
4. Becomes ill or incapacitated for labor of the injured person for more than thirty days.
3. The penalty of prisión correccional in

its minimum and medium periods, if in NOTES:
consequence of the physical injuries • There must be no intent to kill.
inflicted, the person injured shall have
become deformed, or shall have lost any
other part of his body, or shall have lost
the use thereof, or shall have been ill or
incapacitated for the performance of the
work in which he was habitually
engaged for a period of more than ninety
days;
4. The penalty of arresto mayor in its

maximum period to prisión correccional
in its minimum period, if the physical
injuries inflicted shall have caused the
26
illness or incapacity for labor of the
injured person for more than thirty days.
If the offense shall have been committed

against any of the persons enumerated
in article 246, or with attendance of any
of the circumstances mentioned in
article 248, the case covered by
subdivision number 1 of this article shall
be punished by reclusión temporal in its
medium and maximum periods; the case
covered by subdivision number 2 by
prisión correccional in its maximum
period to prisión mayor in its minimum
period; the case covered by subdivision
number 3 by prisión correccional in its
medium and maximum periods; and the
case covered by subdivision number 4
by prisión correccional in its minimum
and medium periods.
The provisions of the preceding

paragraph shall not be applicable to a
parent who shall inflict physical injuries
upon his child by excessive
chastisement.
ARTICLE 264. Administering NOTES:

Injurious Substances or Beverages. • Not asked in the bar from 1990 to 2015.
— The penalties established by the next ELEMENTS:
preceding article shall be applicable in
the respective cases to any person who, 1. Offender Inflicted any serious physical injury;
without intent to kill, shall inflict upon
2. It was done by Knowingly administering to him any injurious substance or
another any serious physical injury, by beverages or by taking advantage of his weakness of mind or credulity; and
knowingly administering to him any
injurious substances or beverages or by 3. There was no Intent to kill.
taking advantage of his weakness of
mind or credulity. Note: Art 264 does not apply when the Physical Injuries Resulted to Less Serious or Light
as they will be treated under Art. 265 or Art. 266, as the case may be.
ARTICLE 265. Less Serious Physical Injuries. — Any person who shall ELEMENTS:
inflict upon another physical injuries not described in the preceding articles, 1. Offended party:
but which shall incapacitate the offended party for labor for ten days or more, a. Is incapacitated for labor for ten days
or shall require medical attendance for the same period, shall be guilty of or more; or
less serious physical injuries and shall suffer the penalty of arresto mayor. b. Shall require medical attendance for
the same period.
Whenever less serious physical injuries shall have been inflicted with the 2. Physical injuries must not be those described
manifest intent to insult or offend the injured person, or under circumstances in the preceding articles.
adding ignominy to the offense, in addition to the penalty of arresto mayor, a
fine not exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offender’s parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
authority, shall be punished by prisión correccional in its minimum and
medium periods, provided that, in the case of persons in authority, the deed
does not constitute the crime of assault upon such persons.
27
ARTICLE 266. Slight Physical Injuries and Maltreatment. — The crime of MODES:
slight physical injuries shall be punished: 1. Physical injuries incapacitated the offended
party for labor from 1-9 days, OR required
1. By arresto menor when the offender has inflicted physical injuries which medical attendance during the same period;
shall incapacitate the offended party for labor from one to nine days, or shall 2. Physical injuries did not Prevent the offended
require medical attendance during the same period. party from engaging in his habitual work or did
not require medical attendance; or
3. Ill-treatment of another by deed without
2. By arresto menor or a fine not exceeding 200 pesos and censure when
causing any injury.
the offender has caused physical injuries which do not prevent the offended
party from engaging in his habitual work nor require medical attendance.
NOTES:
• The incapacity AND medical attention must not
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos exceed 9 days. If the incapacity is 9 days or less
when the offender shall ill-treat another by deed without causing any injury. but the medical attention exceeds 9 days, then
what is committed is less serious physical
injuries.
RAPE
Article 266 - A – Rape (as ELEMENTS OF RAPE BY SEXUAL INTERCOURSE:

amended by RA 8353) 1. Offender is a Man;
2. Offender had Carnal knowledge of a woman;
3. Such act is accomplished under any of the following Circumstances:
a. By using Force, threat or intimidation;
b. When the woman is deprived of Reason or is otherwise unconscious;
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the woman is under 12 years of age (Statutory Rape) or is demented.
ELEMENTS OF SEXUAL ASSAULT:

1. Offender commits an act of Sexual assault;
2. Act is committed by any of the following Means:
a. By inserting his Penis into another person's mouth or anal orifice; or
b. By inserting any Instrument or object into the genital or anal orifice of another person;
3. Act is accomplished under any of the following Circumstances:
a. By using Force or intimidation; or
b. When the woman is Deprived of reason or otherwise unconscious; or
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.
NOTES:
• An accused who raped a mentally retarded victim can still be convicted of rape even if the said
victim when asked how she felt when the accused raped her said “Masarap, it gave me
pleasure.”
The intellectual capacity of a mentally retarded is that of a child less than 12 years old and
incapable of giving a valid consent.
In this case, violence and intimidation is not essential to constitute rape.
• Even if no force or intimidation is present, a person can be held liable for rape for having sex
with a child below 12 years of age. The law presumes that a girl below twelve years old does
not and cannot have a will of their own. This is what we know as statutory rape. (People vs.
Perez CA 37 OG 1762)
• A husband may be liable for rape if his wife does not want to have sex with him.
• A woman may be held liable for rape as principal by indispensable cooperation and on the
basis of collective responsibility by reason of conspiracy.
Article 266-B Rape with Homicide (Composite Crime)

“When by reason or on occasion of the rape, homicide is committed, the penalty of reclusion perpetua.”
Article 266-C Effect of Pardon

The subsequent valid marriage between the offender party in the crime of rape shall extinguish the
criminal action or the penalty imposed.
28
G. CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL
ARTICLE 293. Who are Guilty of ELEMENTS OF ROBBERY IN GENERAL:

Robbery. — Any person who, with 1. There is a Personal property belonging to another;
intent to gain, shall take any 2. There is unlawful Taking of that property;
personal property belonging to 3. The taking must be with Intent to gain; and
4. There is:
another, by means of violence
a. Violence against or intimidation of any person; or
against or intimidation of any b. b. Force used upon things
person, or using force upon
anything, shall be guilty of robbery. FIRST ELEMENT
Rules:
1. Property taken must be personal – if real property/right is the one usurped, the
crime is usurpation under Art. 312. [REYES, Book 2].
2. Prohibitive articles may be the subject of a Robbery - example: Opium [U.S. v.
Sana Lim, G.R. No. 9604, (1914)]
3. Person from whom the personal property taken need not be the owner -
possession of the property is sufficient. [REYES, Book 2]
4. Co-owner or Partner cannot commit Robbery – following the rule that property
stolen must belong to another; a co-owner or partner cannot commit robbery with
regard to the co-ownership or partnership property. [id.]
SECOND ELEMENT
Taking - Depriving the offended party of ownership of the thing taken with the character of
permanency [Bernal vs. CA, G.R. No. L- 32798, (1988)]
Unlawful taking is complete:

1. As to Robbery with Violence against or
Intimidation of Persons – From the moment the offender gains possession of the
thing, even if the culprit had no opportunity to dispose the same.
2. As to Robbery with Force Upon Things – The thing must be taken out of the
building to consummate the crime [id.]
THIRD ELEMENT
Intent to Gain is Presumed
Intent to gain is presumed from the unlawful taking of personal property belonging to another,
unless taken with the belief that it was his own. REYES, Book 2]
Elements of “Personal Property belonging to Another” and “Intent to Gain” must

concur:
a. If the accused, with intent to gain, took from another, personal property which turned
out to be his own property, the property not belonging to another, he cannot be held
liable for robbery;
b. If he took personal property from another, believing that it was his own property, butin
reality it belonged to the offended party, there being no intent to gain, he cannot be
held liable for robbery. [id.]
FOURTH ELEMENT
Violence Against or Intimidation of Any Person

General Rule: Violence or intimidation must be present before the taking of personal property
is complete.
Exception: When violence results in:

a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries penalized in paragraphs 1 and 2 of Art. 263;
29
Taking of personal property is robbery complexed with any of those crimes under Art. 294,
even if the taking was already complete when the violence was used by the offender.
Violence Against or Intimidation of Any Force Upon Things

Person
Whenever violence against or intimidation of There is robbery only if force is used to:
any person is used, the taking of personal [EBF]
property belonging to another is always 1. Enter the building;
robbery 2. Break doors, wardrobes,
chests, or any other kind of locked or sealed
furniture or receptacle inside the building; or
3. Force them open outside after
taking the same from the building [Art. 299 &
302, RPC]
Effect When Both Violence or Intimidation and Force Upon Things are Present
When the offender takes personal property belonging to another with intent to gain and
employs violence against or intimidation on any person, the crime is robbery with violence
against or intimidation of persons, even if the robbery was committed after the offender had
entered the same through a window, or after breaking its door or wall. [REYES, Book 2]
ARTICLE 294. Robbery with Violence Against SPECIAL COMPLEX CRIMES UNDER ART. 294:
or Intimidation of Persons — Penalties. — Any
person guilty of robbery with the use of violence 1. Robbery with Homicide (PAR. 1)
against or intimidation of any person shall suffer:
Homicide - is to be understood in its generic sense as to include parricide and
1. The penalty of reclusión perpetua to death, murder [REYES, Book 2]
when by reason or on occasion of the robbery,
the crime of homicide shall have been committed. Robbery must be the Main Purpose
A conviction for robbery with homicide requires certitude that the robbery was
the main purpose and objective of the criminals andthat the killing was merely
2. The penalty of reclusión temporal in its medium incidental, resulting merely by reason or on the occasion of the robbery. [People
period to reclusión perpetua, when the robbery vs. Salazar, G.R. No. 99355, (1997)]
shall have been accompanied by rape or
intentional mutilation, or if by reason or on “By reason or on occasion of the robbery”
occasion of such robbery, any of the physical Means that the homicide or serious physical injuries must be committed in the
injuries penalized in subdivision 1 of article 263 course or because of the robbery. Otherwise, they shall be separate offenses
shall have been inflicted, or the person robbed [REYES, Book 2]
shall have been held for ransom or deprived of
his liberty for more than one day. Absorption of Other Felonies Committed
All the felonies committed by reason of or on the occasion of the robbery (e.g.,
3. The penalty of reclusión temporal, when by rape, intentional mutilation, etc.) are integrated into one and indivisible felony of
reason or on occasion of the robbery, any of the robbery with homicide [id.].
physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding When Not Complexed
paragraph, shall have been inflicted. In the following instances, there will be two separate crimes of homicide or
murder and robbery:
4. The penalty of prisión mayor in its medium 1. When homicide was not committed by reason of or on occasion of the
period to reclusión temporal in its medium period, robbery.
if the violence or intimidation employed in the 2. When intent to take was merely an afterthought; such as when the idea
commission of the robbery shall have been of taking the personal property of another with intent to gain came to
carried to a degree clearly unnecessary for the the mind of the offender after he had killed the victim.
commission of the crime, or when in the course of
its execution, the offender shall have inflicted However, homicide may precede robbery or may occur after the
upon any person not responsible for its robbery. What is essential is that there be a direct and intimate
commission any of the physical injuries covered relation/connection between the robbery and killing, provided that the
by subdivisions 3 and 4 of said Article 263. taking is not merely an afterthought [REYES, Book 2]
There is Robbery with Homicide even if:

5. The penalty of prisión correccional to prisión a. The killing is done to suppress evidence, as long as the robbery is “the
mayor in its medium period in other cases. reason” of the homicide [People vs. Madrid, G.R. No. L- 3023, (1951)]
b. The death of a person supervened by mere accident [People vs.
Mangulabnan, G.R. No. L-8919, (1956)]
c. The person killed was a bystander and not the person robbed [People
vs. Barut, G.R. No. 179943, (2009)]
30
Covers Multiple Killings
The concept of robbery with homicide does not limit the taking of life to one single
victim.
All the homicides or murders are merged in the composite, integrated whole, so
long as all the killings were perpetrated by reason or on the occasion of the
robbery. [People vs. Madrid, id.]
All Participants Are Principals

General Rule: All those who took part as principals in the robbery would also
be held liable as principals of the single and indivisible felony of robbery with
homicide.
Exception: When it clearly appears that one or some of them endeavored to

prevent the same [People vs. Hernandez, G.R. No. 139697, (2004)]
2. Robbery with Rape (PAR. 2)

Like in robbery with homicide, the offender must have the intent to take the
personal property belonging to another with intent to gain, and such intent must
precede the rape. [REYES, Book 2]
Rape may be Committed before taking the Personal Property

The intention of the culprits from the beginning was to take personal property.
Even if the rape was committed before the taking, they are guilty of robbery with
rape. [People vs. Canastre, G.R. No. L-2055 (1948)]
Covers Multiple Rapes

All rapes are merged in the composite integrated whole that is robbery with rape
and it does not matter whether the rap occurred before, during or after the
robbery [People v. Seguis, G.R. No. 135034, (2001)]
NOTE: Additional acts of rape committed on same occasion of robbery will not
increase the penalty, also they shall neither be considered aggravating
circumstances [REYES, Book 2]
3. Robbery with Arson

In robbery with arson, it is essential that the robbery precedes the arson.
There must be an intent to commit robbery, and no killing, rape or intentional

mutilation should be committed in the course of the robbery, or else arson will
only be considered as an aggravating circumstance [BOADO].
4. Robbery with Serious Physical Injuries (PAR. 4)

Any injuries not under Art. 263 or not serious in nature will fall under a Simple
Robbery [REYES, Book 2]
In Robbery with Unnecessary Violence and Intimidation under par. 4, the

Violence need not result in Physical Injuries; all that Art. 294 requires is that the
violence be unnecessary for the commission of the robbery. [Id.]
5. Simple Robbery (PAR. 5)

Under Par. 5 or Simple Robbery, this involves slight or less serious physical
injuries, which are absorbed in the crime of robbery as an element thereof
ARTICLE 296. Definition of a Band and BAND

Penalty Incurred by the Members Thereof . — When more than three armed malefactors take part in the commission of a
When more than three armed malefactors take robbery, it shall be deemed to have been committed by a band (cuadrilla).
part in the commission of a robbery, it shall be REQUISITES FOR LIABILITY FOR THE ACTS OF OTHER MEMBERS:
deemed to have been committed by a band. [MPAP]
Any member of a band who is present at the 1. He was a Member of the band.
commission of a robbery in an uninhabited place 2. He was Present at the commission of a robbery by that band.
and by a band, shall be punished as principal of 3. Other members of the band committed an Assault.
any of the assaults committed by the band, 4. He did not attempt to Prevent the assault
unless it be shown that he attempted to prevent
the same.
31
ARTICLE 298. Execution of deeds by means ELEMENTS:
of violence or intimidation. — Any person who, 1. Offender has Intent to defraud another;
with intent to defraud another, by means of
2. Offender Compels him to sign, execute, or deliver any public instrument
violence or intimidation, shall compel him to sign,
or document;
execute or deliver any public instrument or and
document, shall be held guilty of robbery and 3. Compulsion is by means of Violence or Intimidation
punished by the penalties respectively prescribed
in this Chapter.
ARTICLE 299. Robbery in an Inhabited House MODE 1: ENTERING EFFECTED THROUGH FORCE
or Public Building or Edifice Devoted to
Worship. — Any armed person who shall commit ELEMENTS:
robbery in an inhabited house or public building 1. Offender Entered:
or edifice devoted to religious worship, shall be a. An inhabited House; or
punished by prisión mayor in its medium period to b. Public Building
reclusión temporal in its minimum period, if the c. Edifice devoted to Religious worship
value of the property taken shall exceed 250
pesos, and if — 2. Entrance was effected by any of the following means:
a. Through an Opening not intended for entrance or egress;
(a) The malefactors shall enter the house or b. By Breaking any wall, roof, or floor, or door or window;
building in which the robbery was committed, by c. By using False keys, picklocks or similar tools; or
any of the following means: d. By using any fictitious Name or pretending the exercise of public
authority.
1. Through an opening not intended for entrance
or egress; 3. Once inside the building, offender Took personal property belonging to
another with intent to gain.
Rules:
2. By breaking any wall, roof, or floor or breaking 1. Offender must "enter the house or building in which the robbery
any door or window; is committed." The whole body must enter the building or house.
Thus, if the offender merely inserted his hand through an opening in
3. By using false keys, picklocks or similar tools; the wall or used a pole through the window to get the clothes inside the
room, while the offender remained outside the house or building, the
4. By using any fictitious name or pretending the crime committed is theft, not robbery. [REYES, Book 2]
exercise of public authority; 2. There must be intention to take personal property. If there is no
evidence to show that the intention of the accused was to commit
robbery upon entering the building. The crime committed is attempted
or if — trespass to dwelling under Art. 280 (2), RPC [People v. Tayag, G.R. L-
40512, (1934)]
(b) The robbery be committed under any of the 3. Means enumerated must be used to enter the house. It does not
following circumstances: refer to the method used to exit [REYES, Book 2], nor to open a trunk
in the house [U.S. vs. Macamay, G.R. No. 11952, (1917)].
1. By the breaking of doors, wardrobes, chests, MODE 2: ACQUISITION OF PROPERTY THROUGH FORCE
or any other kind of locked or sealed furniture or
receptacle; ELEMENTS:
1. Offender is inside a dwelling house, public building or edifice devoted
2. By taking such furniture or objects away to be to religious worship, regardless of the circumstances under which it is
broken or forced open outside the place of the entered
robbery. 2. Offender takes personal property belonging to another, with intent to
Gain, under any of the following circumstances:
a. Breaking of doors, wardrobes, chests, or any other kind of locked or
When the offenders do not carry arms, and the sealed furniture or receptacle; or
value of the property taken exceeds 250 pesos, b. Taking such furniture or objects away to be broken or forced open
the penalty next lower in degree shall be outside the place of the robbery.
imposed.
Notes:
The same rule shall be applied when the 1. Entrance into the building by any of the means mentioned in 299 (a) is
offenders are armed, but the value of the property not required in robbery under 299 (b). [REYES, Book 2]
taken does not exceed 250 pesos. 2. "Door" refers only to "doors, lids, or opening sheets" of furniture or
other portable receptacles — not to inside doors of a house or
When said offenders do not carry arms and the building. [id.]
value of the property taken does not exceed 250
32
pesos, they shall suffer the penalty prescribed in
the two next preceding paragraphs, in its
minimum period.
If the robbery be committed in one of the

dependencies of an inhabited house, public
building, or building dedicated to religious
worship, the penalties next lower in degree than
those prescribed in this article shall be imposed.
ARTICLE 302. Robbery in an Uninhabited ATTY TICMAN: Same manner of commission as Article 299. The only difference
Place or in a Private Building. — Any robbery between Articles 299 and 302 is that the use of fictitious name or simulation of
committed in an uninhabited place or in a building public authority can be used only in Article 299 and NOT in Article 302.
other than those mentioned in the first paragraph
of article 299, if the value of the property taken
exceeds 250 pesos, shall be punished by prisión
correccional in its medium and maximum periods
provided that any of the following circumstances
is present:
1. If the entrance has been effected through any

opening not intended for entrance or egress.
2. If any wall, roof, floor or outside door or window

has been broken.
3. If the entrance has been effected through the

use of false keys, picklocks or other similar tools.
4. If any door, wardrobe, chest, or any sealed or

closed furniture or receptacle has been broken.
5. If any closed or sealed receptacle, as

mentioned in the preceding paragraph, has been
removed, even if the same be broken open
elsewhere.
When the value of the property taken does not

exceed 250 pesos, the penalty next lower in
degree shall be imposed.
In the cases specified in articles 294, 295, 297,

299, 300, and 302 of this Code, when the
property taken is large cattle, the offender shall
suffer the penalties next higher in degree than
those provided in said articles.
ARTICLE 304. Possession of Picklocks or Similar ELEMENTS: [PRN]

Tools. — Any person who shall without lawful 1. Offender possesses Picklocks or similar tools;
cause have in his possession picklocks or similar 2. Such picklock or similar tools are especially adopted to the commission
tools especially adapted to the commission of the of Robbery; and
crime of robbery, shall be punished by arresto 3. Offender does Not have a lawful cause for such possession.
mayor in its maximum period to prisión
correccional in its minimum period. Qualifying Circumstance: If the person who makes such tools is a locksmith,
the penalty is higher
The same penalty shall be imposed upon any
person who shall make such tools. If the offender
be a locksmith, he shall suffer the penalty of
prisión correccional in its medium and maximum
periods.
33
BRIGANDAGE
ARTICLE 306. Who are Brigands — Penalty. —

When three or more armed persons form a band BRIGANDAGE RIBBERY IN BAND
of robbers for the purpose of committing robbery ELEMENTS: ELEMENTS:
in the highway, or kidnapping persons for the
1. There are at least 4 1. More than three armed
purpose of extortion or to obtain ransom, for any
persons; malefactors take part in the
other purpose to be attained by means of force
2. They form a band of commission of a robbery.
and violence, they shall be deemed highway
robbers; 2. The purpose is to –
robbers or brigands.
3. The purpose is any of the
following – Purpose:
Persons found guilty of this offense shall be
punished by prisión mayor in its medium period to Purpose: Commit robbery but not
reclusión temporal in its minimum period if the act
a. Commit robbery in a necessarily in a highway.
or acts committed by them are not punishable by
highway
higher penalties, in which case, they shall suffer
b. Kidnap or extort or get
such higher penalties.
ransom
c. Any other purpose to be
achieved by means of force
or violence
Agreement: Agreement:
The agreement among more than The agreement is to commit only a
three armed men is to commit particular robbery.
robbery in highway.
THEFT
ARTICLE 308. Who are Liable for Theft. — SUMMARY OF MODES OF COMMISSION UNDER ART. 308:
Theft is committed by any person who, with intent
to gain but without violence against or intimidation MODE ELEMENTS
of persons nor force upon things, shall take Mode 1
personal property of another without the latter’s 1. Offender takes the take Personal
consent. property of another without the latter’s
consent;
Theft is likewise committed by: 2. Taking was with Intent to gain; and
3. Taking was Without violence against or
intimidation of per
1. Any person who, having found lost property,
shall fail to deliver the same to the local
Mode 2
authorities or to its owner;
1. Offender found Lost property; and
2. Fails to deliver the same to the local
2. Any person who, after having maliciously authorities or to its owner.
damaged the property of another, shall remove or
make use of the fruits or object of the damage Mode 3
caused by him; and 1. Offender maliciously Damaged the
property of another; and
3. Any person who shall enter an enclosed estate 2. Removes or makes use of the fruits or
or a field where trespass is forbidden or which object of the damage caused by them.
belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall Mode 4
gather fruits, cereals, or other forest or farm 1. Offender entered an Enclosed estate or
products. a field without the consent of its owner;
2. Trespass is Forbidden or the enclosed
estate or field belongs to Another; and
3. Hunt or fish upon the same or gather
fruits, cereals or other forest or farm
products.
NOTE: Fishing should not be in the fishpond

within the field or estate, otherwise it is Qualified
Theft. [Reyes, Book Two]
34
Mode 1: Taking of Personal Property of Another Without Violence or
Intimidation of Persons or Force upon Things
“Without consent”
Consent contemplated in this element of theft refers to consent freely given and
not to one which may only be inferred from mere lack of opposition [REYES,
Book 2]
When Consummated
Theft is complete from the moment the offender had full possession of the thing,
even if he did not have an opportunity to dispose of the same. [People v. Sevilla,
G.R. No. 86163, (1990)]. Accordingly, there is no crime of frustrated theft.
Joyride constitutes intent to gain.

A joyride in an automobile taken without the consent of its owner constitutes
"taking with intent to gain" [People vs. Bustinera, G.R. No., 148233, (2004)]
No Theft in Sale of Partner or of Co-owned Property

Unlawful disposition of the share belonging to a partner or a joint owner may be
a violation of a contract and a trespass upon the rights of another, but it is not
an act constituting the crime of theft. [U.S. vs. Reyes, G.R. No. 2867, (1906)]
Rationale: Before the dissolution of the partnership or the division of the property
held in common, no part of the property of the partnership or the property held
in common truly belongs to a partner or co-owner. [REYES, Book 2]
ARTICLE 310. Qualified Theft. — The crime of THEFT IS QUALIFIED IF:

theft shall be punished by the penalties next 1. Committed by a Domestic servant; or
higher in degree than those respectively specified • Liable even if newly hired
in the next preceding article, if committed by a • The mere fact that he/she is a domestic servant
domestic servant, or with grave abuse of • Different from abuse of confidence
confidence, or if the property stolen is large cattle 2. Committed with Grave abuse of confidence; or
or consists of coconuts, or fish taken from a 3. If the property stolen consists of:
fishpond or fishery
a. Motor vehicle
b. Mail matter
c. Large Cattle
d. Coconuts taken from the premises of a plantation; or
e. Fish taken from a fishpond or fishery; or
4. Property is taken on the occasion of fire, earthquake, typhoon, volcanic

eruption, or any other Calamity, vehicular accident or civil disturbance.
NOTE: Penalties for qualified theft are 2 degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
ELEMENTS OF QUALIFIED THEFT BY ABUSE OF CONFIDENCE:

1. The abuse of confidence must be grave; and
2. There must be allegation in the information and proof of a relation, by
reason of dependence, guardianship or vigilance, between the accused
and the offended party that has created a high degree of confidence
between them, which the accused abused.
Abuse of Confidence must be Grave.

There must be an allegation that by reason of dependence, guardianship or
vigilance, between the accused and the offended party, that has created a high
degree of confidence between them, which the accused abused. [People vs.
Koc Song, id.]
NOTE: Theft by a housemate is not always qualified. Living together under the
same roof engenders some confidence, but it is not necessarily grave. [id.]
35
USURPATION
ARTICLE 312. Occupation of Real Property or PUNISHED ACTS:
Usurpation of Real Rights in Property. — Any 1. Taking Possession of any real property belonging to another by
person who, by means of violence against or means of violence against or intimidation of persons; or
intimidation of persons, shall take possession of 2. Usurping any real rights in property belonging to another by means of
any real property or shall usurp any real rights in violence against or intimidation of persons. [REYES, Book 2]
property belonging to another, in addition to the
penalty incurred for the acts of violence executed ELEMENTS:
by him, shall be punished by a fine of from 50 to 1. Offender takes Possession of any real
100 per centum of the gain which he shall have property or usurps any real rights in property
obtained, but not less than 75 pesos. 2. Real property or real rights Belong to another
3. Violence against or intimidation of persons
If the value of the gain cannot be ascertained, a is used by the offender in occupying real property or usurping real rights
fine of from 200 to 500 pesos shall be imposed. in property; and
4. There is Intent to gain.
Rules on Violence or Intimidation
1. Violence or intimidation must be the means used in occupying

real property. Art. 312 does not apply when the violence or intimidation
took place subsequent to the entry into the property. [REYES, Book 2]
2. If there is no violence or intimidation: There is only civil liability.
[id.]
Theft/Robbery vs. Occupation of Real Property or Usurpation of Real

Rights in Property Art. 312 [REYES, Book 2]
Theft/Robbery Occupation of Real Property

or Usurpation of Real Rights
As to Intent to Gain
There is intent to gain
As to the Property Involved
Personal property Real Property or Real Right
As to the Act Involved
Taking Occupation or Usurpation
SWINDLING AND OTHER DECEITS
ARTICLE 315. Swindling (Estafa). — Any ELEMENTS OF ETAFA IN GENERAL:

person who shall defraud another by any of the
means mentioned hereinbelow shall be punished 1. Accused Defrauded another:
by: a. by abuse of Confidence, or
b. by means of Deceit; and
1st. The penalty of prisión correccional in its
maximum period to prisión mayor in its minimum 2. Damage or prejudice capable of pecuniary estimation is caused to the
period, if the amount of the fraud is over 12,000 offended party or third person.
pesos but does not exceed 22,000 pesos, and if
such amount exceeds the latter sum, the penalty ESTAFA WITH UNFAITHFULNESS OR BY ABUSE OF CONFIDENCE (PAR.
provided in this paragraph shall be imposed in its 1)
maximum period, adding one year for each
additional 10,000 pesos; but the total penalty NOTE: Deceit is not an essential requisite of estafa with abuse of
which may be imposed shall not exceed twenty confidence. [REYES, Book 2]
years. In such cases, and in connection with the
accessory penalties which may be imposed and PAR. 1 (a) ALTERING THE SUBSTANCE, QUANTITY OR QUALITY, OF
for the purpose of the other provisions of this OBJECT SUBJECT OF OBLIGATION TO DELIVER
Code, the penalty shall be termed prisión mayor
or reclusión temporal, as the case may be. ELEMENTS:
1. Offender has an Onerous obligation to deliver something of value;
2nd. The penalty of prisión correccional in its 2. He Alters its substance, quantity, or quality; and
minimum and medium periods, if the amount of 3. Damage or prejudice is caused to another
the fraud is over 6,000 pesos but does not exceed
12,000 pesos. Illegal Consideration
36
3rd. The penalty of arresto mayor in its maximum Estafa is committed even though such obligation be based on an immoral or
period to prisión correccional in its minimum illegal consideration. [REYES, Book 2]
period, if such amount is over 200 pesos but does
not exceed 6,000 pesos; and PAR. 1 (b) MISAPPROPRIATION AND COVERSION
4th. By arresto mayor in its medium and ELEMENTS:

maximum periods, if such amount does not 1. Money, goods, or other personal property is received by the offender in trust,
exceed 200 pesos, provided that in the four cases or in commission, or for administration, or under any other obligation
mentioned, the fraud be committed by any of the involving the duty to make delivery of, or to return, the same;
following means:
2. There be misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt;
1. With unfaithfulness or abuse of confidence,
3. Such misappropriation or conversion or denial is to the prejudice of another;
namely:
and
4. There is a demand made by the offended party to the offender.
(a) By altering the substance, quantity, or quality
of anything of value which the offender shall
deliver by virtue of an obligation to do so, even Atty. Ticman:
though such obligation be based on an immoral • If the possession of the offender over the property is merely physical or
or illegal consideration. material, qualified theft by abuse of confidence.
• If the possession of the offender over the property is both physical and
(b) By misappropriating or converting, to the juridical, estafa by misappropriation or conversion.
prejudice of another, money, goods, or any other ▪ Juridical possession is that right of possession which may be
personal property received by the offender in trust invoked by the transferee, even as against the owner.
or on commission, or for administration, or under
any other obligation involving the duty to make Misappropriation Conversion
delivery of or to return the same, even though Act of taking something for one’s Act of using or disposing of another's
such obligation be totally or partially guaranteed own benefit. property as if it were one's own or
by a bond; or by denying having received such devoting it to a purpose or use different
money, goods, or other property. from that agreed upon.
"To the prejudice of another"

(c) By taking undue advantage of the signature of
Contemplates prejudice not necessarily of the owner of the property. [People v.
the offended party in blank, and by writing any
Yu Chai Ho, G.R. No. L-29278, (1928)]
document above such signature in blank, to the
prejudice of the offended party or any third
Liability of Co-Owners
person.
General Rule: Co-owner is not liable for estafa [id.]
Exception: If, after the termination of the co- ownership, he misappropriates the
thing which has become the exclusive property of the other. [id.]
Effect of Novation of Contract
General Rule: Criminal liability for estafa already committed is not affected by
compromise or novation of contract, for it is a public offense which must be
prosecuted and punished by the state at its own volition. [id.]
Exception: If the novation occurs before the criminal liability has incurred [id.]
NOTE: Reimbursement or restitution of money or property swindled does not

extinguish criminal liability [Sajot vs. CA, G.R. No. 109721, (1999)]
PAR. 1 (c) ESTAFA BY TAKING ADVANTAGE OF THE SIGNATURE IN

BLANK
ELEMENTS:
Elements:
1. There is a Blank paper with the signature of the offended party;
2. Offended party should have Delivered it to the offender;
3. Document is Written by the offender, above the signature of the
offended party, without authority to do so; and
4. Document so written creates a liability of, or causes Damage to, the
offended party or any third person.
37
2. By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud: ESTAFA BY DECEIT ( BY MEANS OF FALSE PRETENSE OR
FRAUDULENT ACTS) [PAR. 2]
(a) By using fictitious name, or falsely pretending
to possess power, influence, qualifications, ELEMENTS:
property, credit, agency, business or imaginary 1. There must be a False pretense, fraudulent act or fraudulent means;
transactions, or by means of other similar deceits. 2. Such false pretense, fraudulent act or fraudulent means must be made
or executed Prior to or simultaneously with the commission of the fraud.
3. Offended party Relied on the false pretense, fraudulent act, or
(b) By altering the quality, fineness or weight of fraudulent means and by reason thereof, was Induced to part with his
anything pertaining to his art or business. money or property.
4. As a result, the offended party suffered Damage.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for NOTE: Element of deceit is indispensable, consisting in the false statement
calumny which the offended party may deem or fraudulent representation was made prior to, or simultaneously with the
proper to bring against the offender. In this case, delivery of the thing. It being essential that such false statement or fraudulent
the offender shall be punished by the maximum representation constitutes the very cause or the only motive which induces the
period of the penalty. complainant to part with the thing. [id.]
(d) By post-dating a check, or issuing such check PAR. 2 (a) ESTAFA BY USING A FICTITIOUS NAME, FALSE, PRETENSES,
in payment of an obligation, the offender knowing AND OTHER DECEITS
that at the time he had no funds in the bank, or
the funds deposited by him in the bank were not Ways of Committing Estafa:
sufficient to cover the amount of the check, and 1. By using fictitious Name;
without informing the payee of such
circumstances. 2. By falsely Pretending to possess:
a. Qualifications,
b. Power,
c. Influence,
d. Property,
e. Agency,
f. Credit,
g. Credit,
h. Business or
i. Imaginary transactions; or
3. By means of Other similar deceits. [REYES, Book 2]
PAR. 2 (B) ESTAFA BY ALTERING THE QUALITY, FINENESS OR WEIGHT

OF ANYTHING PERTAINING TO HIS ART OR BUSINESS
PAR. 2 (C) ESTAFA BY PRETENDING TO HAVE BRIBED ANY

GOVERNMENT EMPLOYEE
PAR. 2 (d) BY POST-DATING A CHECK WITH NO FUNDS OR IS NOT

SUFFICIENT TO COVER THE AMOUNT OF THE CHECK.
ELEMENTS:
1. Offender postdated a check, or issued a check in payment of an

Obligation; and
2. Such postdating or issuing a check was done when the offender had
no Funds in the bank, or his funds deposited therein were not sufficient
to cover the amount of the check.
Check issued must be Genuine

If the check is falsified and the same is cashed with the bank, or exchanged for
cash, the crime committed is estafa through falsification of a commercial
document. [REYES, Book 2]
Must be the Efficient Cause

To constitute estafa, the post-dating or issuance of the check should be the
efficient cause of the defraudation. As such, it should be given either prior to, or
38
simultaneously with, the act of fraud. [People vs. Reyes, G.R. No. 154159,
(2005)]
NOTE: The check should not be postdated or issued in payment of pre-existing

obligation. [id.]
Prima Facie Evidence of Deceit

There is prima facie evidence of deceit when the drawer fails to pay 3 days after
receiving notice of dishonor [Art. 315(2)(d), as amended by RA 4885]
Stoppage of a Payment of a Check

If checks were issued by defendant and he received money for them and
stopped payment and did not return the money and if at the time the check was
issued, he had the intention of stopping payment, he is guilty of estafa. [US vs.
3. Through any of the following fraudulent means: Poe, G.R. No. 13969, (1919)]
ESTAFA BY FRAUDULENT MEANS (PAR. 3)

(a) By inducing another, by means of deceit, to
sign any document.
PAR. 3 (a) ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT
(b) By resorting to some fraudulent practice to ELEMENTS:

insure success in a gambling game. 1. Offender Induced the offended party to sign a document.
2. Deceit was employed to make him Sign the document.
(c) By removing, concealing or destroying, in 3. Offended party Personally signed the document.
whole or in part, any court record, office files, 4. Prejudice was caused.
document or any other papers.
NOTE: If the offended party is willing and ready from the beginning to sign the
document and there is deceit as to the character or contents of the document,
because the contents are different from those which the offended party told the
accused to state in the document, the crime is falsification. [REYES, Book 2]
PAR. 3 (b) ESTAFA BY RESORTING TO SOME FRAUDULENT PRACTICE

TO ENSURE SUCCESS IN GAMBLING
PAR 3 (c) ESTAFA BY REMOVING, CONCEALING OR DESTROYING

COURT RECORDS, OFFICE FILES, AND OTHER DOCUMENTS
ELEMENTS:
1. There are Court records, office files, documents or any other papers.
2. Offender Removed, concealed or destroyed any of them.
3. Offender had intent to Defraud another.
NOTE: If there is no intent to defraud, the act of destroying a court record will be
malicious mischief. [Reyes Book, Two]
ARTICLE 316. Other Forms of Swindling. — NOTE: There must be actual damage caused under Art. 316, because the
The penalty of arresto mayor in its minimum and penalty is based on the value of the damage cause”, mere intent to cause
medium periods and a fine of not less than the damage is not sufficient [REYES, Book 2]
value of the damage caused and not more than
three times such value, shall be imposed upon: PUNISHABLE ACTS:
1. Any person who, pretending to be the owner of 1. CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY
any real property, shall convey, sell, encumber or REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE
mortgage the same. SAME
2. Any person who, knowing that real property is ELEMENTS:

encumbered, shall dispose of the same, although 1. Thing is Immovable (e.g., parcel of land or building).
such encumbrance be not recorded. 2. Offender is not the owner but Represents himself as the owner
thereof.
3. Offender executed an act of Ownership (selling, encumbering or
3. The owner of any personal property who shall mortgaging the real property).
wrongfully take it from its lawful possessor, to the 4. Act was made to the Prejudice of the owner or a third person.
prejudice of the latter or any third person. [REYES, Book 2]
2. BY DISPOSING OF REAL PROPERTY AS FREE FROM

ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT
RECORDED
39
4. Any person who, to the prejudice of another,
shall execute any fictitious contract. ELEMENTS:
1. Thing Disposed of is real property.
5. Any person who shall accept any 2. Offender Knew that the real property was encumbered, whether the
compensation given him under the belief that it same was recorded or not.
was in payment of services rendered or labor 3. There was express Representation by the offender that the real
performed by him, when in fact he did not actually property is free from encumbrance; and
perform such services or labor. 4. Act of disposing of the real property was made to the Damage of
another. [REYES, Book 2]
6. Any person who, while being a surety in a bond
3. WRONGFULLY TAKING BY THE OWNER OF HIS PERSONAL
given in a criminal or civil action, without express
PROPERTY FROM ITS LAWFUL POSSESSOR
authority from the court or before the cancellation
of his bond or before being relieved from the
ELEMENTS:
obligation contracted by him, shall sell, mortgage,
1. Offender is the Owner of personal property.
or, in any other manner, encumber the real
2. Property is in the lawful Possession of
property or properties with which he guaranteed
another.
the fulfillment of such obligation.
3. Offender Wrongfully takes it from its lawful
possessor.
4. Prejudice is caused to the lawful possessor or third person
4. EXECUTING ANY FICTITIOUS CONTRACT TO THE PREJUDICE

OF ANOTHER
ELEMENTS:
1. Offender Executes a contract
2. Contract is Fictitious
3. Prejudice is caused.
5. BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT

RENDERED OR FOR LABOR NOT PERFORMED
ELEMENTS:
1. Offender Accepts compensation for services or labor
2. He did Not render any service or perform any labor
NOTE: Fraud is an essential element, without fraud, it merely is solutio indebiti

[REYES, Book 2]
6. SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY

OR PROPERTIES WITH WHICH THE
ELEMENTS:
1. Offender is a Surety in a bond given in a criminal or civil action.
2. Surety Guaranteed the fulfillment of such obligation with his real
property or properties.
3. Surety Sells, mortgages, or, in any other manner encumbers said real
property.
4. That such sale, mortgage, or encumbrance is:
a. Without express authority from the court; or
b. Made before the Cancellation of his bond; or
c. Made before being Relieved from the obligation contracted by
him.
ARTICLE 318. Other Deceits. — The penalty of PUNISHABLE ACTS: [NC]

arresto mayor and a fine of not less than the 1. Defrauding or damaging another by any other deceit Not mentioned in
amount of the damage caused and not more than the preceding articles.
2. Interpreting dreams, by making forecasts, by telling fortunes, or by
twice such amount shall be imposed upon any
taking advantage of the Credulity of the public in any other similar
person who shall defraud or damage another by manner, for profit or gain.
any other deceit not mentioned in the preceding
articles of this chapter. NOTE: As in other cases of estafa, damage to the offended party is required.
[REYES, Book 2]
40
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
Arson and Destructive Arson NOTE: The laws on Arson in force are PD 1613 and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent with RA 7659 (Such as Sec. 2 of PD No. 1613) are
deemed repealed. [REYES, Book 2]
ACTS OF ARSON
1) SIMPLE ARSON
ELEMENTS:
1. A person Burns or sets fire to:
a. Property of Another; or
b. His Own property under circumstances
2. Such act of burning expose to danger the life or property of another. [Sec. 1, PD 1613]
2) DESTRUCTIVE ARSON
Burning of: [1-P-TWEE]

a. 1 or more buildings or edifices, consequent to one single act of burning, or as a result of
simultaneous burnings, committed on several or different occasions.
b. Any building of public or private ownership, devoted to the Public in general or where
people usually gather or congregate for a definite purpose (e.g., for official governmental
function or business, private transaction, commerce, trade, workshop, meetings and
conferences), or merely incidental to a definite purpose (e.g., hotels, motels, transient
dwellings, public conveyances or stops or terminals), regardless of:
i. Whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire; or
ii. Whether the building is actually inhabited
c. Any train or locomotive, ship or vessel, airship or airplane, devoted to Transportation or

conveyance, or for public use, entertainment or leisure.
d. Any building, factory, Warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.
e. Any building the burning of which is for the purpose of concealing or destroying Evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding
creditors or to collect from insurance. [Art 320, as amended by Sec. 10 RA 7659]
Additional Acts Considered as Destructive Arson

a. When arson is committed or perpetrated by 2 or more persons or by a group of persons,
regardless of whether their purpose is merely to burn or destroy the building or the burning
merely constitutes an overt act in the commission or another violation of law.
b. Burning of:
i. Any Arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance, storehouse, archives or general museum of the Government.
ii. Inhabited place, storehouse or factory of inflammable or explosive materials. [Sec
10(2), RA 7659]
3) OTHER CASES OF ARSON
Burning of any:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
41
NOTES:
Consummated Arson – All acts necessary to produce combustion are present in the thing to be
burnt. [People v. Hernandez, G.R. No. 31770, (1929)]
NOTE: Extent of damage is immaterial, as long as a portion of it is burnt. [id.]
Cases where Both Death and Burning Occur

In cases where both burning and death occur, in order to determine what crime/crimes was/were
perpetrated whether arson, murder or arson and homicide/murder, it is de rigueur to ascertain the
main objective of the malefactor:
1. If the main objective is the burning of the building or edifice, but death results by
reason or on the occasion of arson, the crime is simply arson, and resulting homicide is
absorbed;
2. If the main objective is to kill a particular person who may be in a building or edifice
and fire is resorted to as the means to accomplish such goal the crime committed is murder
only; and
3. If the objective is to kill a particular person, and in fact the offender has already done so,
but fire is resorted to as a means to cover up the killing, then there are two separate
and distinct crimes committed ' homicide/murder and arson.
ARTICLE 332. Persons Exempt from Criminal Civil Liability Only

Liability. — No criminal, but only civil liability, No criminal, but only civil liability shall result from the commission of any said
shall result from the commission of the crime of crimes, committed or caused mutually by those persons. [Art. 332(1), RPC]
theft, swindling or malicious mischief committed
or caused mutually by the following persons: Rationale: Law recognizes the presumed co- ownership of the property
between the offender and the offended party. [REYES, Book 2]
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line; Crimes Exempted: [TSM]
1. Theft,
2. Swindling (estafa),
2. The widowed spouse with respect to the 3. Malicious mischief. [REYES, Book 2]
property which belonged to the deceased spouse
before the same shall have passed into the
Persons Exempted: [SADRAS-WS-BS]
possession of another; and
1. Spouses;
This includes common law spouses because Arts. 147-148 of the Family Code
3. Brothers and sisters and brothers-in-law and provide that common law spouses are co-owners of the property. [REYES, Book
sisters-in-law, if living together. 2]
The exemption established by this article shall not 2. Ascendants and Descendants, Relatives by Affinity in the Same line;
be applicable to strangers participating in the Includes legitimate and illegitimate half-brother and sisters, for the law did not
commission of the crime. limit the term to legitimate and adopted full brothers or sisters [id.]
Relatives by Affinity – includes stepfather, adopted father, and natural children.

[id.]
3. Widowed Spouse with respect to property of the deceased, if:

a. Property belongs to the deceased spouse; and
b. It has not yet passed into the possession of a 3 rd Person
[REYES, Book 2]
4. Brothers and Sisters and brothers-in-law and sisters-in-law, if living

together; and
Exemption Not Applicable to:

1. Strangers participating in the commission of the crime [Art. 332(4),
RPC]
2. If complexed with another crime [Carungcongvs. People, G.R. No.
181409, (2010)]
42
H. CRIMES AGAINST LIBERTY
SECTION ONE. – ILLEGAL DETENTION
Article 267. Kidnapping and KIDNAPPING AND SERIOUS ILLEGAL DETENTION

serious illegal detention.
REQUISITES:
1. The offender is a private individual.
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty.
3. The act of detention or kidnapping must be illegal.
4. In the commission of the offense, any of the following circumstances is present:
a. The kidnapping or detention lasts for more than three (3) days; OR
b. It is committed by simulating public authority; OR
c. Any serious physical injuries are inflicted upon the person kidnapped or detained, OR threats
to kill him are made;
d. The person kidnapped or detained is a minor (offender must not be one of the parents),
female, or a public officer.
 If none of these circumstances would apply, the offender is guilty of slight illegal detention.
Instances when a public officer is liable under Article 267:

1. Though authorized, the detention is neither in furtherance nor in the pursuit of their official
functions but from their act in can be seen that they acted in a purely private capacity. (People
vs. Trestiza)
2. Not authorized by law, and the public officer detains a person.
3. He conspires with a private individual in the kidnapping.
4. He detains another for ransom.
KIDNAPPING FOR RANSOM
REQUISITES:
1. There must be the intention on the part of the accused to deprive the victim of his liberty
2. There must be actual deprivation of the victim of his liberty; and
3. Extorting ransom for the release of the victim must be the motive of the accused.
Ransom is the money, price or consideration paid or demanded for redemption of a captured person
or persons, a payment that releases a person from captivity.
KIDNAPPING WITH RAPE

There is only one special complex crime of kidnapping with rape, regardless of the number of rapes
committed.
KIDNAPPING WITH RAPE FORCIBLE ABDUCTION WITH RAPE

Special Complex Crime Complex Crime
No lewd designs : intent of the offender is to With lewd designs.
detain the offended party.
Additional rapes are absorbed no matter Additional rapes are separate offenses.
how many.
Kidnapping is not a necessary means to Forcible abduction is a necessary means to

commit the crime of rape. commit the rape.
: if rape is only attempted, it will constitute a : in case of forcible abduction, if rape is only
separate and distinct charge – so serious attempted, it is absorbed in the crime of
illegal detention and attempted rape forcible abduction
KIDNAPPING WITH HOMICIDE

• All killings should be designated as homicide.
• Special Complex Crime.
• Additional killings will be absorbed.
• The kidnapping, where the victim is killed or dies as a consequence of the detention, shall be
punished under the last paragraph of Article 267, as amended by R.A. 7659
43
In case of Kidnapping and Serious Illegal Detention with Homicide or Kidnapping and Serious
Illegal Detention with Rape:
For this special complex crime to arise, the law requires that the victim of the kidnapping must be the
very victim of the homicide, otherwise, it will give rise to a separate and distinct charge
BAR Q&A:
Q: Carla, 4 years old, was kidnapped by Enrique, the tricycle driver paid by her parents to bring
and fetch her to and from school. Enrique wrote a ransom note demanding P500,000 from
Carla’s parents in exchange for Carla’s freedom. Enrique sent the ransom note by mail.
However, before the ransom note was received by Carla’s parents, Enrique’s hideout was
discovered by the police. Carla was rescued while Enrique was arrested and incarcerated.
Considering that the ransom note was not received by Carla’s parents, the investigating
prosecutor merely filed a case of “Impossible Crime to Commit Kidnapping” against Enrique.
Is the prosecutor correct? (2000 BAR)
A: NO. The prosecutor is not correct in filing a case for “impossible crime to commit kidnapping”
against Enrique.
Impossible crimes are limited only to acts which when performed would be a crime against persons
or property. As kidnapping is a crime against personal security and not against persons or property,
Enrique could not have incurred an “impossible crime” to commit kidnapping. There is thus no
impossible crime of kidnapping.
Q: Edgardo induced his friend Vicente, in consideration of money, to kidnap a girl he is

courting so that he may succeed in raping her and eventually making her accede to marry him.
Vicente asked for more money which Edgardo failed to put up. Angered because Edgardo did
not put up the money he required, he reported Edgardo to the police. May Edgardo be charged
with attempted kidnapping? (1996 BAR)
A: NO. Edgardo may not be charged with attempted kidnapping inasmuch as no overt act to kidnap
or restrain the liberty of the girl had been commenced. At most, what Edgardo has done in the
premises was a proposal to Vicente to kidnap the girl, which is only a preparatory act and not an overt
act. The attempt to commit a felony commences with the commission of overt act, not preparatory act.
Proposal to commit kidnapping is not a crime.
Q: Lina worked as a housemaid and yaya of the one-week old son of the spouses John and
Joana. When Lina learned that her 70- year old mother was seriously ill, she asked John for a
cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child
with stockings, placed him in a box, sealed it with masking tape, and placed the box in the
attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom for the
release of the spouses' child to be paid within twenty-four hours. The spouses did not pay the
ransom. After a couple of days, John discovered the box in the attic with his child already
dead. According to the autopsy report, the child died of asphyxiation barely minutes after the
box was sealed. What crime or crimes, if any, did Lina and Fely commit? Explain. (2016 BAR)
A: Lina is liable for murder. Gagging the mouth of the child with stockings, placing him in a box, sealing
it with masking tape, and placing the box in the attic were only the methods employed by the defendant
in committing the murder qualified by treachery (People v. Lora, G.R. No. L- 49430, March 30, 1982).
Taking advantage of the defenseless condition of the victim by reason of his tender age, one-week
old, is treachery (People v. Fallorina, G.R. No. 137347, March 4, 2004). She is not liable for kidnapping
with murder. The essence of kidnapping or serious illegal detention is the actual confinement or
restraint of the victim or the deprivation of his liberty. In this case, the victim was not deprived of his
liberty since he immediately died. The demand for ransom did not convert the offense into kidnapping
with murder. The defendant was well aware that the child would be suffocated to death in a few
moments after she left. The demand for ransom is only a part of the diabolic scheme of the defendant
to murder the child, to conceal his body and then demand money before the discovery of the cadaver.
(People v. Lora, G.R. No. L-49430, March 30, 1982)
Fely is not liable for murder as principal or accomplice since there is neither conspiracy or community
of design to commit murder since her criminal intention pertains to kidnapping for ransom. In addition,
her participation of demanding ransom for the release of the child is not connected to murder. Her
44
criminal mind to assist Lina in committing kidnapping for ransom is not constitutive of a felony. Mens
rea wihout actus reus is not a crime.
Q: Angelino, a Filipino, is a transgender who underwent gender reassignment and had

implants in different parts of her body. She changed her name to Angelina and was a finalist
in the Miss Gay International. She came back to the Philippines and while she was walking
outside her home, she was abducted by Max and Razzy who took her to a house in the
province. She was then placed in a room and Razzy forced her to have sex with him at knife's
point. After the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy
called Max to help him beat Angelina. The beatings that Angelina received eventually caused
her death. What crime or crimes, if any, were committed? Explain. (2016 BAR)
A: Razzy is liable for kidnapping with homicide. Abducting Angelino is not forcible abduction since the
victim in this crime must be a woman. Gender reassignment will not make him a woman within the
meaning of Art. 342 of RPC. There is no showing, moreover, that at the time abduction is committed
with lewd design; hence, his abduction constitutes illegal detention. Since Angelino was killed in the
course of the detention, the crime constitutes kidnapping and serious illegal detention with homicide
under Art. 267.
Since the victim is not a woman, it cannot be rape by sexual intercourse. Neither can it be rape by
sexual assault for Razzy did not insert his penis into the anal orifice or mouth of Angelino or an
instrument or object into anal orifice or genital orifice, hence, this act constitutes acts of lasciviousness
under Art. 336. Since the acts of lasciviousness is committed by reason or occasion of kidnapping, it
will be integrated into one and indivisible felony of kidnapping with homicide (People v. De Leon, G.R.
No. 179943, June 26, 2009; People v. Jugueta, G.R. No. 202124, April 5, 2016)
Max is liable for kidnapping with homicide as an accomplice since he concurred in the criminal design
of Razzy in depriving Angelino his liberty and supplied the former material aid in an efficacious way
by helping him beat the latter.
Article 268. Slight illegal REQUISITES:

detention. 1. The offender is a private individual.
2. He kidnaps or detains another, or in any other manner deprives him of his liberty.
3. The act of kidnapping or detention is illegal.
4. The crime is committed WITHOUT the attendance of the circumstances enumerated in
Article 267.
REQUISITES OF VOLUNTARY RELEASE (As a privileged mitigating circumstance):

1. The offender voluntarily releases the person so kidnapped or detained within three (3) days
from the commencement of the detention;
2. Without having attained the purpose intended; and
3. Before the institution of criminal proceedings against him
Article 269. Unlawful arrest. REQUISITES:

1. Offenders arrests or detains another person
2. The purpose of the offender is to deliver him to proper authorities
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor
SECTION TWO. - KIDNAPPING OF MINORS

Article 270. Kidnapping and REQUISITES:
failure to return a minor. 1. Offender is entrusted with the custody of a minor person (whether over or under 7 y/o but
less than 21 y/o)
2. He deliberately fails to restore the said minor to his parents or guardians
Article 271. Inducing a minor REQUISITES:

to abandon his home. 1. A minor (whether over or under 7 years of age) is living in the home of his parents or guardian
or the persons entrusted with his custody.
2. Offender induces said minors to abandon such home.
45
SECTION THREE. - SLAVERY AND SERVITUDE
Article 272. Slavery. REQUISITES:

1. Offender purchases, sells, kidnaps, or detains a human being.
2. The purpose of the offender is to enslave such human being.
QUALIFYING CIRCUMSTANCE: If the purpose of the offender us to assign the offended party
to some immoral traffic (prostitution)the penalty is higher
Article 273. Exploitation of child REQUISITES:

labor. 1. Offender retains a minor in his service
2. It is against the will of the minor
3. It is under the pretext of reimbursing himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody of such minor
Article 274. Services rendered REQUISITES:

under compulsion in payment of 1. Offender compels a debtor to work for him, either as household or servant or farm
debt. labourer.
2. It is the debtor’s will.
3. The purpose is to require or enforce the payment of a debt.
46
I. CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE
FORGERIES
SECTION ONE. FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR THE
STAMPT OF THE CHIEFT EXECUTIVE
Article 161. Counterfeiting the PUNISHABLE ACTS:
great seal of the Government of a) Forging the Great Seal of the Government of the Philippines.
the Philippine Islands, forging b) Forging the signature of the President.
the signature or stamp of the c) Forging the stamp of the President.
Chief Executive.
Article 162. Using forged REQUISITES:

signature or counterfeit seal or 1. The Great Seal of the Rep. was counterfeited or the signature or the stamp of the Chief
stamp. Exec. was forged by another person;
2. Offender knew of the counterfeiting or forgery; and
3. He used the counterfeit seal or forge signature or stamp.
SECTION TWO. - COUNTERFEITING COINS

Article 163. Making and REQUISITES:
importing and uttering false 1. There be false or counterfeited coins;
coins 2. He either made, imported, or uttered such coins; and
3. In case of uttering such false or counterfeited coins, he connived with the counterfeiters or
importers
Article 164. Mutilation of coins; PUNISHABLE ACTS:

Importation and utterance of a) Mutilating coins of the legal currency, with the further requirement that there be intent to
mutilated coins. damage or to defraud another
b) Importing or uttering such mutilated coins, with further requirement that there must be
connivance with the mutilator or importer in case of uttering
Article 165. Selling of false or PUNISHABLE ACTS:

mutilated coin, without a) Possession of coin, counterfeited or mutilated by another person, with intent to utter the
connivance. same, knowing that it is false or mutilated.
REQUISITES:
1. Possession (includes constructive possession)
2. With intent to utter, and
3. Knowledge
b) Actually uttering such false or mutilated coin, knowing the same to be false or mutilated
REQUISITES:
1. Actually uttering, and
2. Knowledge
SECTION THREE. - FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND
UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES.
Article 166. Forging treasury or PUNISHABLE ACTS:
bank notes on other documents a) Forging or falsification of treasury or bank notes or other documents payable to
payable to bearer; importing, and bearer;
b) Importation of such false or forged obligations or notes;
uttering such false or forged notes
c) Uttering of such false or forged obligations or notes in connivance with the forgers or
and documents. importers
47
Article 167. Counterfeiting, REQUISITES:
importing and uttering instruments 1. There is an instrument payable to order or other document of credit not payable to
not payable to bearer. bearer.
2. Offender either forged, imported or uttered such instrument.
3. In case of uttering, he connived with the forger or importer.
Article 168. Illegal possession and REQUISITES:

use of false treasury or bank notes 1. Any treasury or bank note or certificate or other obligation and security payable to
and other instruments of credit. bearer, or any instrument payable to order or other documents of credit not payable
to bearer is forged or falsified by another person.
2. The offender knows that any of those instruments is forged or falsified.
3. He performs any of these acts –
a. Using any of such forged or falsified instruments; or
b. Possessing with the intent to use any of such forged or falsified instruments.
Possession of false treasury or bank notes alone is NOT a criminal offense. For it to constitute
an offense under this article, the possession must be with the intent to use said false treasury
or bank notes (People vs. Digoro; March 4, 1966).
BAR Q&A:
Q: Is mere possession of false money bills punishable under Article 168 of the Revised
Penal Code? (1999 BAR)
A: NO. Possession of false treasury or bank note alone without an intent to use it, is not
punishable. But the circumstances of such possession may indicate intent to utter, sufficient to
consummate the crime of illegal possession of false notes.
Article 169. How forgery is PUNISHABLE ACTS:

committed. a) By giving to a treasury or bank note or any instrument payable to bearer or to order
mentioned therein, the appearance of a true and genuine document.
b) By erasing, substituting, counterfeiting, or altering by any means the figures, letters,
words, or sign contained therein.
Section Four. - Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and
telephone message.
Article 170. Falsification REQUISITES:
of legislative documents. 1. There is a bill, resolution or ordinance enacted or approved or pending approval by either House
of the Legislature or any provincial board or municipal council;
2. Offender alters the same;
3. He has no proper authority therefore; and
4. The alteration has changed the meaning of the documents.
Article 171. Falsification REQUISITES:

by public officer, 1. The offender is a public officer, employee or a notary public;
employee or notary or 2. He takes advantage of his official position;
ecclesiastic minister. 3. He falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or proceeding when they did not
in fact so participate;
c. Attributing to persons who have participated in an act or proceeding statements other

than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which changes its
meaning;
g. Issuing in authenticated form a document purporting to be a copy of an original document when
no such original exists, or including in such copy a statement contrary to, or different from, that
of the genuine original; and
h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or
official book; and
48
i. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect
to any record or document of such character that its falsification may affect the civil status of
persons.
NOTES:
• If a public officer had not taken advantage of his public position then his criminal liability would
be under Article 172 as a private individual.
• This article applies if the offender is the official custodian, or if not the custodian, he has the duty
to prepare, or to make, or to intervene, in the preparation and making of the document falsified.
• Soft copies CANNOT be falsified. They are not subjects of falsification under Articles 171 and
172 of the RPC.
• Deeds of Donation must be a public document, so it has to be notarized. May be private if the
value of the personal property is not more than 5000 pesos./
Forgery Falsification
There is no authentic or real document/signature that There is an authentic document/signature which
was imitated. was imitated.
Ex. Creating the signature of a person with no hands,
Ex. Creating another copy of your birth certificate
to make it appear that he signed a document in favor
from Recto bearing a different date of birth.
of the forger.
PRESUMPTIONS (DISPUTABLE):
1. A person may be held liable for falsification even if there is no direct evidence that he was the
author of the falsification IF he is caught in possession of a falsified document.
2. A person may be presumed as the author of the falsification even he is not caught in possession
of a falsified document IF a person stands to benefit by the act of falsification. He is deemed to
be the author of the falsification.
Punishable Acts Requisites

1. Counterfeiting or imitating any REQUISITES:
handwriting, signature or rubric; (a) There is an intent or attempt to imitate; and
(b) The two signatures or handwritings, the genuine and the
forged, bear some resemblance to each other
2. Causing it to appear that persons REQUISITES:

have participated in any act or (a) The offender caused it to appear in a document that a person
proceeding when they did not in or persons participated in an act or a proceeding; and
(b) Such person or persons did not in fact so participate in the
fact so participate;
act or proceeding.
3. Attributing to persons who have REQUISITES:

participated in an act or proceeding (a) A person or persons participated in an act or a proceeding;
statements other than those in fact (b) Such person or persons made statements in that act or
proceedings; and
made by them;
(c) The offender, in making document, attributed to such person
or persons statements other than those in fact made by such
person or persons.
4. Making untruthful statements in a REQUISITES:

narration of facts; (a) The offender makes in a document statements in a narration
of facts;
(b) He has a legal obligation to disclose the truth of the facts
narrated by him;
(c) The facts narrated by the offender are absolutely false; and
(d) The perversion of truth in the narration of facts was made
with the wrongful intent of injuring a third person. (4th requisite
present only for private documents)
5. Altering true dates; REQUISITES:

(a) Date altered must be essential.
(b) The alteration of the date or dates in a document must affect
both the veracity of the document or the effects thereof.
(b) Altering dates in official receipt to prevent the discovery of
malversation is falsification.
49
6. Making any alteration or REQUISITES:
intercalation in a genuine document (a) There be an alteration (change) or intercalation (insertion)
which changes its meaning; on a document;
(b) It was made on a genuine document;
(c) The alteration or intercalation has changed the meaning of
the documents; and
(d) The change made the document speak something false.
7. Issuing in an authenticated form TWO ACTS PUNISHED:

a document purporting to be a copy
of an original document when no 1. The offender issued in an authenticated form a document
purporting to be an original document, but in so such original
such original exists, or including in
exists.
such a copy a statement contrary
to, or different from, that of the 2. By including such copy a statement contrary to or different
genuine original; or from a genuine original.
8. Intercalating any instrument or Intercalation

note relative to the issuance thereof – making any insertion in any instrument or note
in a protocol, registry, or official
book.
BAR Q&A:
Q: Jose Dee Kiam, a Chinese citizen born in Macao, having applied with a recruitment agency to
work in Kuwait, went to Quezon City Hall to procure a Community Tax Certificate, formerly called
Residence Certificate. He stated therein that his name is Leo Tiampuy, a Filipino citizen born in
Binan, Laguna. As he paid for the Community Tax Certificate, Cecille Delicious, an employee in
the office recognized him and reported to her boss that the information written in the Community
Tax Certificate were all lies. Shortly thereafter, an information was filed against Dee Kiam alias
Tiampuy.
1. An information was filed against Dee Kiam. What crime, if any, may he be indicted for? Why?
2. The accused move to quash the information on the ground that it did not allege that he had
the obligation to disclose the truth in the Community Tax Certificate; that the same is a
useless scrap of paper which one can buy even in the Quiapo underpass and that he had no
intent of deceiving anybody. Would you grant the motion to quash? (1992 BAR)
A:
1. Dee Kiam can be indicted for the felony of Falsification of a Public Document committed by a
private individual under Art. 172 of the RPC in relation to Art. 171 thereof. A residence certificate
is a public or official document within the context of said provisions and jurisprudence. Since
Dee Kiam made an untruthful statement in a narration of facts (Art. 171(4), RPC), and he being
a private individual, he is culpable thereunder.
2. Falsification of public documents under Arts. 171 and 172, RPC does not require that the
document is required by law. The sanctity of the public document, a residence certificate, cannot
be taken lightly as being a “mere scrap of paper”. Intent to cause damage or actual damage, is
not an indispensable requisite for falsification of public document.
Article 172. Falsification PUNISHABLE ACTS:

by private individual and 1. Falsification of public, official, or commercial document by a private individual (Paragraph 1);
use of falsified 2. Falsification of private document by any person (Paragraph 2);
3. Use of falsified document (a) judicial proceeding or (b) in any proceeding. (Last Paragraph).
documents.
USE OF FALSIFIED DOCUMENTS – PARAGRAPH 3
REQUISITES:
1. Introducing in a judicial proceeding –
(a) Offender knew that a document was falsified by another person;
(b) The false document is embraced in Article 171 or in any subdivisions No. 1 or 2 of Article 172; and
(c) He introduced said document in evidence in any judicial proceeding.
2. Use in any other transaction –

(a) Offender knew that a document was falsified by another person;
(b) The false document is embraced in Article 171 or in any subdivisions No. 1 or 2 of Article 172;
(c) He used such document (not in a judicial proceeding); and
(d) The use of the false document caused damage to another or at least it was used with intent to cause
such damage.
50
BAR Q&A:
Q: Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it
appear that the rice mill was earning less than it actually was by writing in a “talaan” or ledger a
figure lower than what was collected and paid by their customers. Fe then pocketed the difference.
What crime/s did Fe commit, if any? Explain your answer. (2007 BAR)
A: If the “talaan” or ledger which Fe made to show a falsehood was a private document, the only crime
that Fe committed was estafa thru abuse of confidence or unfaithfulness.
Criminal liability for falsification of a private document does not arise without damage or at least proof of
intent to cause damage. It cannot co-exist with the crime of estafa which also essentially requires damage
or at least proof of intent to cause damage.
Since the “talaan” was falsified to cover up or conceal the misappropriation of the amount involved,
whatever damage or intent to cause damage that will attend the estafa.
If such “talaan” or ledger was a commercial document, damage or proof of intent to cause damage is not
necessary. The falsification alone if done with intent to pervert the truth, would bring about criminal liability
for falsification of a commercial document. Damage or intent to cause damage, would sustain the estafa
independently of the falsification of the commercial document. In this case, two (2) separate crimes are
committed – estafa and falsification of the commercial document. The falsification should not be
complexed with estafa since it was not committed as a necessary means to commit the estafa but rather
resorted to, to conceal or hide the misappropriation of the amount she pocketed.
ALTERNATIVE ANSWER:
The crime committed by Fe are theft and falsification of private document because Fe’s possession of the
proceeds of the rice mill was only physical, not juridical, possession, and having committed the crimes
with grave abuse of confidence, it is qualified theft.
The falsification is a separate crime from the theft because it was not committed as a necessary means
to commit the theft but resorted to only to hide or conceal the unlawful taking.
Article 173. Falsification MODE 1: Uttering fictitious wireless, telegraph or telephone message:
of wireless, cable, (a) Offender is an officer or employee of the government or an officer or employee of a private
telegraph and telephone corporation, engaged in the service of sending or receiving wireless, cable or telephone message;
messages, and use of (b) He utters fictitious wireless, cable, telegraph or telephone message.
said falsified messages.
MODE 2: Falsifying wireless, telegraph or telephone message:
(a) Offender is an officer or employee of the government or an officer or employee of a private corporation,
engaged in the service of sending or receiving wireless, cable or telephone message;
(b) He falsifies wireless, cable, telegraph or telephone message.
MODE 3: Using such falsified message.

(a) Offender knew that wireless, cable, telegraph, or telephone message was falsified by an officer or
employee of the government or an officer or employee of a private corporation engaged in the service of
sending or receiving wireless, cable or telephone message;
(b) He used such falsified dispatch;
(c) The use resulted in the prejudice of a third party or at least there was intent to cause such prejudice.
51
Section Five. - Falsification of medical certificates, certificates of merit or services and the like.
Article 174. False medical PERSONS LIABLE

certificates, false certificates of (1) Physician or surgeon who, in connection with the practice of his profession, issues a false
merits or service, etc. certificate (it must refer to the illness or injury of a person);
Note: The crime here is false medical certificate by a physician.

(2) Public officer who issues a false certificate of merit of service, good conduct or similar
circumstances;
Note: The crime here is false certificate of merit or service by a public officer.
(3) Private person who falsifies a certificate falling within the classes mentioned in the two
preceding subdivisions.
Note: The crime here is false medical certificate by a private individual or false certificate of
merit or service by a private individual.
Article 175. Using false certificates. REQUISITES:

(a) The following Issues a false certificate:
(1) Physician or surgeon, in connection with the practice of his profession, issues a
false Medical certificate;
(2) Public officer issues a false certificate of Merit of service, good conduct or similar
circumstances;
(3) Private Person falsifies a certificate falling within the 2 preceding subdivisions.
(b) Offender Knows that the certificate was false;

(c) He Uses the same.
SECTION SIX. - MANUFACTURING, IMPORTING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR
THE COMMISSION OF FALSIFICATION.
Article 176. Manufacturing and PUNISHED ACTS:
possession of instruments or (1) Making or introducing into the Philippines any stamps, dies, marks, or other instruments or
implements for falsification. implements for counterfeiting or falsification;
(2) Possession with intent to use the instruments or implements for counterfeiting or falsification
made in or introduced into the Philippines by another person.
CHAPTER TWO
OTHER FALSITIES
SECTION ONE. - USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES, UNIFORMS AND
INSIGNIA.
Article 177. Usurpation TWO OFFENSES:

of authority or official
functions. Usurpation of authority Usurpation of official functions.
By knowingly and falsely representing oneself to be By performing any act pertaining to any person in
an officer, agent or representative of any authority or public officer of the Philippine
department or agency of the Philippine Government or of a foreign government or any
Government or any foreign government. agency thereof, under pretense of official position,
and without being lawfully entitled to do so.
It is not necessary for the offender to commit any It is necessary that the offender performs an act –
act, to perform any act. it suffices that he falsely pertaining to a person in authority or a public officer
represents himself to be an officer or agent of the or agent of the Philippine government or of a
Philippine government. foreign government.
 under pretense of official position. Otherwise
without false pretense, the crime will not arise
52
Article 178. Using PROHIBITED ACTS:
fictitious name and Use of Fictious Name Concealing True Name
concealing true name. REQUISITES: REQUISITES:
1. The offender uses a name other than his real
name; 1. The offender conceals:
2. He uses that fictitious name publicly; and (a) His true names; and
3. The purpose of the offender is to: (b) All other personal circumstances;
(a) Conceal a crime; and
(b) To evade execution of a judgment; or 2. The purpose is only to conceal his identity.
(c) To cause damage to public interest.
(If for private interest – Estafa)
ANTI–ALIAS LAW (C.A. 142, as amended by R.A. 6085)

PROHIBITION:
No person shall use any name different from the one with which he was registered at birth in the office of
the local civil registry, or with which he was baptized for the first time, or, in case of an alien, with which
he was registered in the Bureau of Immigration upon entry; or such substitute name as may have been
authorized by a competent court (Section 1).
EXCEPTION:
Except as a pseudonym solely for literary, cinema, television, radio or other entertainment purposes and
in athletic events where the use of pseudonym is a normally accepted practice. Any person desiring to
use an alias shall apply for authority therefor in proceedings like those legally provided to obtain judicial
authority for a change of name, and no person shall be allowed to secure such judicial authority for more
than one alias (Section 2, R.A. 6085).
Article 179. Illegal use of REQUISITES:

uniforms or insignia. 1. The offender makes use of insignia, uniform, or dress;
2. The insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of
which he is not a member; and
3. The said insignia, uniform or dress is used publicly and improperly.
SECTION TWO. - FALSE TESTIMONY
Article 180. False  See discussion on Art. 181.
testimony against a
defendant.
PUNISHABLE ACTS:
Article 181. False 1. Falsely testifying against the defendant in a criminal case
testimony favorable to the 2. Falsely testifying in favor of the defendant in ca criminal case
defendants.
SIMILARITIES
1. There must be a criminal court proceeding.
2. Offender must have falsely testified under oath - The offender must have known of the falsity of his
testimony
3. The accused in whose favor the testimony is given is convicted or acquitted or the case against him
is dismissed
4. A false testimony need not have been considered by the judge in issuing the decision acquitting or
convicting the accused
DIFFERENCES
1. The accused in one must have testified falsely in a criminal case
2. Testified falsely in favor of the accused in a criminal case
Right after the hearing of false testimony, the false witness can already be prosecuted under Art. 181. But
in case of Art. 180, before the false witness can be prosecuted, it is necessary that the defendant must
first be acquitted or convicted by final judgment.
Final sentence imposed on defendant Penalty which shall be imposed on false witness
Death Reclusion temporal
Reclusion perpetua Prision mayor
Any other afflictive penalty Prision correctional
A correctional penalty Fine or the defendant
Acquitted Arresto mayor
53
Article 182. False REQUISITES:
testimony in civil cases. 1. There must be a civil proceeding
2. He must have testified falsely under oath
3. The offender known of the falsity of his testimony
4. The false testimony must have material effect to the issues presented in the case, otherwise no criminal
liability of false testimonies under civil cases
Right after the giving of the false testimony in civil cases, the false witness can be immediately prosecuted
in court.
BAR Q&A:
Q: In a civil case for recovery of a sum of money filed against him by A, B interposed the defense
of payment. In support thereof, he identified and offered in evidence a receipt which appears to
be signed by A. On rebuttal, A denied having been paid by B and having signed the receipt. He
presented a handwriting expert who testified that the alleged signature of A on the receipt is a
forgery and that a comparison thereof with the specimen signatures of B clearly shows that B
himself forged the signature of A.
1. Is B liable for the crime of using a falsified document in a judicial proceeding (last
paragraph of Article 172 of the Revised Penal Code)?
2. If he is not, what offense of offenses may he be charged with? (1991 BAR)
A:
1. NO. B should not be liable for the crime of
using a falsified document, under the last paragraph of Art. 172, RPC. He would be liable for
forgery of a private document under the second mode of falsification under Art. 172, RPC.
Being the possessor and user of the falsified document he is presumed to be the forger or falsifier
and the offense of introducing falsified document is already absorbed in the main offense of
forgery or falsification.
2. If he testified on the genuineness of the document, he should also be liable under Art. 182, which
is false testimony in civil cases.
Article 183. False REQUISITES:

testimony in other cases 1. Defendant executed an affidavit upon a material matter
and perjury in solemn 2. Intervention of a competent officer authorized to receive and administer an oath
3. Deliberate and willful assertion of falsehood
affirmation
4. The execution thereof is required by law or even if not required by law, the same is executed or
submitted for a legal purpose
GENERAL RULE: Testifying in court falsely does not constitute perjury, because it could be falsely
testifying in a civil or criminal case.
EXCEPTION: There could be perjury if the case is governed by the Rules of Special Proceedings (Rule
73 & 79); non adversarial “testify under oath”
BAR Q&A:
Q: A, a government employee, was administratively charged with immorality for having an affair
with B, a co-employee in the same office who believed him to be single. To exculpate himself, A
testified that he was single and was willing to marry B, He induced C to testify and C did testify
that B was single. The truth, however, was that A had earlier married D, now a neighbor of C. Is A
guilty of perjury? Are A and C guilty of subordination of perjury? (1997 BAR)
A: NO. A is not guilty of perjury because the willful falsehood asserted by him is not material to the charge
of immorality. Whether A is single or married, the charge of immorality against him as a government
54
employee could proceed or prosper. In other words, A's civil status is not a defense to the charge of
immorality, hence, not a material matter that could influence the charge.
There is no crime of subornation of perjury. The crime is now treated as plain perjury with the one inducing
another as the principal inducement, and the latter, as principal by direct participation. (People v. Podol,
66 Phil. 365)
Since in this case, A cannot be held liable for perjury, the matter that he testified to being immaterial, he
cannot therefore be held responsible as a principal by inducement when he induced C to testify on his
status. Consequently, C is not liable as principal by direct participation in perjury, having testified on
matters not material to an administrative case.
Article 184. Offering Requisites:

false testimony in (a) Offender Offers in evidence a false witness or testimony;
evidence. (b) He Knows that the witness or the testimony was false;
(c) The offer is made in any Judicial or Official proceeding.
CHAPTER THREE
FRAUDS
Section One. - Machinations, monopolies and combinations
Article 185. Machinations in Mode 1: Soliciting any gift / promise as a consideration from refraining from taking part in any public
public auctions. auction. Elements:
(a) There is a public auction;
(b) The accused solicited any gift or a promise from any of the bidders;
(c) Such gift / promise was the Consideration for his refraining from taking part in that public auction;
and
(d) The accused had the intent to cause the reduction of the price of the thing auctioned.
Mode 2: Attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any
other artifice. Elements:
(a) There is a public auction;
(b) The accused solicited any gift or a promise from any of the bidders;
(c) It was done by threats, gifts, promises, or any other artifice; and
(d) The accused had the intent to cause the reduction of the price of the thing auctioned
Article 186. Monopolies and Punishable Acts:

combinations in restraint of (a) Combination or conspiracy to prevent free competition in the market;
trade. (b) Monopoly to restrain free competition in the market;
(c) Making transactions prejudicial to lawful commerce or to increase the market price of
merchandise
SECTION TWO. - FRAUDS IN COMMERCE AND INDUSTRY
Article 187. Importation and Requisites:
disposition of falsely marked (a) The offender imports, sells, or disposes any of those articles or merchandise;
articles or merchandise made (b) The offender knows the stamps, brands, or marks fail to indicate the actual fineness or quality of
of gold, silver, or other said metal or alloy; and
precious metals or their (c) The stamps, brands, or marks of those articles or merchandise fail to indicate the actual fineness
alloys. or quality of said metal or alloy.
Article 188. Subsisting and RA No. 8293 Intellectual Property Code

altering trade-mark, trade- (repealed Articles 188 and 189)
names, or service marks.
Intellectual Property Rights consist of:
Article 189. Unfair 1. Copyright and Related Rights
competition, fraudulent 2. Trademarks and Service Marks
registration of trade-mark, 3. Geographic Indications
4. Industrial Designs
trade-name or service mark,
5. Patents
fraudulent designation of 6. Layout-Designs (Topographies) of Integrated Circuits
origin, and false description. 7. Protection of Undisclosed Information
55
Circumstances when a person infringes an intellectual property right:
(a) DIrectly commits an infringement;
(b) Benefits from from the infringing activity of another person who commits an infringement if
the person benefitting has been given notice of the infringing activity and has the right and
ability to control the activities of the other person;
(c) With knowledge of infringing activity, induces, causes or materially contributes to the
infringing conduct of another.
True Test of Unfair Competition - Whether certain goods have been clothed with an appearance which
is likely to deceive the ordinary purchaser exercising ordinary care, and not whether a certain limited
class of purchasers could avoid mistake by the exercise of special knowledge.
56
J. R.A. 9262 – VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT (VAWC)
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common
child, or against her child whether legitimate or
illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes,
but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include

bodily or physical harm;
B. "Sexual violence" refers to an act which is

sexual in nature, committed against a woman
or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of

lasciviousness, treating a woman or
her child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim's body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to do
indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the conjugal
home or sleep together in the same
room with the abuser;
b) acts causing or attempting to cause

the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or

omissions causing or likely to cause mental or Psychological violence; Marital infidelity:
emotional suffering of the victim such as but not • Psychological violence is an element of violation of Sec. 5 (i) just
limited to intimidation, harassment, stalking, like the mental or emotional anguish caused on the victim.
damage to property, public ridicule or Psychological violence is the means employed by the perpetrator,
humiliation, repeated verbal abuse and mental while mental or emotional anguish is the effect caused to the
infidelity. It includes causing or allowing the damage sustained by the offended party. To establish
victim to witness the physical, sexual or psychological violence as an element of the crime, it is necessary
psychological abuse of a member of the family to show proof of commission of any of the acts enumerated in
to which the victim belongs, or to witness Sec. 5(i) or similar such acts. (Dinamling v. People, G.R. No.
pornography in any form or to witness abusive 199522, 22 June 2015)
injury to pets or to unlawful or unwanted • The law does not require proof that the victim became
deprivation of the right to custody and/or psychologically ill due to the psychological violence done by her
visitation of common children. abuser. Rather, the law only requires emotional anguish and
mental suffering to be proven. To establish anguish or mental
57
D. "Economic abuse" refers to acts that make suffering, jurisprudence only requires that the testimony of the
or attempt to make a woman financially victim to be presented in court, as such experiences are personal
dependent which includes, but is not limited to to this party. (Araza v. People, G.R. No. 247429, 08 September
the following: 2020)
• What R.A. No. 9262 criminalizes is not the marital per se but the
1. withdrawal of financial support or psychological violence causing mental or emotional suffering on
preventing the victim from engaging in the wife.
any legitimate profession, occupation, • Marital infidelity as cited in the law is only one of the various acts
business or activity, except in cases by which psychological violence may be committed. Moreover,
wherein the other spouse/partner depending on the circumstances of the spouse and for a myriad
objects on valid, serious and moral of reasons, the illicit relationship may or may not even be causing
grounds as defined in Article 73 of the mental or emotional anguish on the wife. Thus, the mental or
Family Code; emotional suffering of the victim is an essential and distinct
element in the commission of the offense. (AAA v. BBB, G.R. No.
212448, 11 January 2018)
2. deprivation or threat of deprivation
of financial resources and the right to
the use and enjoyment of the conjugal,
community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money

or properties or solely controlling the
conjugal money or properties.
"Battery" refers to an act of inflicting physical harm In order to amount to battery, there must be infliction of physical harm.
upon the woman or her child resulting to the physical Mere verbal abuse will not suffice. The Supreme Court ruled that there
and psychological or emotional distress.
must be two cycles of battery.
"Battered Woman Syndrome" refers to a scientifically Sec. 26 - Battered Woman Syndrome as a Defense:
defined pattern of psychological and behavioral • Victims-survivors who are found by the courts to be suffering from
symptoms found in women living in battering battered woman syndrome do not incur any criminal and civil
relationships as a result of cumulative abuse. liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal
Code. (sec. 26, R.A. No. 9262)
• To prove the fact that a woman is suffering from BWS, it is
necessary that the prosecution must present expert witness
(psychiatrist or psychologist) because courts/judges by
themselves cannot determine if indeed the woman was suffering
from BWS
People v. Genosa, G.R. No. 135981, January 15, 2004

• The wife was prosecuted for parricide. However, in this case, R.A.
No. 9262 was not yet enacted, so the wife was convicted for
parricide, but she was entitled to mitigating circumstances.
BAR Q&A:
Q: Define "Battered Woman Syndrome." What are the three phases of

the "Battered Woman Syndrome"? Would the defense prosper
despite the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code?
Explain. (2010 BAR)
A: “Battered Woman Syndrome” refers to a scientifically define pattern of

psychological and behavioural symptoms found in woman living in
battering relationships as a result of cumulative abuse. (Sec. 3[d], R.A.
9262)
58
The three (3) phases of the BWS are: (1) tension- building phase; (2) acute
battering incident; and (3) tranquil, loving, or nonviolent phase. (People v.
Genosa, G.R. No. 135981, January 15, 2004)
YES, the defense will prosper. Sec. 26 of R.A. 9262 provides that victim-
survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements of justifying circumstances of self-defense
under the RPC.
Q: Romeo and Julia have been married for twelve (12) years and had
two (2) children. The first few years of their marriage went along
smoothly. However, on the fifth year onwards, they would often
quarrel when Romeo comes home drunk. The quarrels became
increasingly violent, marked by quiet periods when Julia would leave
the conjugal dwelling. During the times of quiet, Romeo would court
Julia with flowers and chocolates and convince her to return home,
telling her that he could not live without her; or Romeo would ask
Julia to forgive him, which she did, believing that if she humbled
herself, Romeo would change. After a month of marital bliss, Romeo
would return to his drinking habit and the quarrel would start again,
verbally at first, until it would escalate to physical violence.
One night, Romeo came home drunk and went straight to bed.
Fearing the onset of another violent fight, Julia stabbed Romeo, while
he was asleep. A week later, their neighbors discovered Romeo’s
rotting corpse on the marital bed. Julia and the children were nowhere
to be found. Julia was charged with parricide. She asserted “battered
woman syndrome” as her defense.
1. Explain the cycle of violence.

2. Is Julia’s “battered woman syndrome” defense meritorious?
Explain. (2016 BAR)
A:
a. The Battered Woman Syndrome is characterized by the so-called “cycle

of violence,” which has three phases: (1) tension-building phase; (2) the
acute battering incident; and (3) the tranquil, loving (or at least, nonviolent)
phase.
During the tension-building phase, minor battering occurs – it could be

verbal or slight physical abuse or another form of hostile behavior. The
woman tries to pacify the batterer through a kind, nurturing behavior; or by
simply staying out of his way. The acute battering incident is characterized
by brutality, destructiveness and sometimes, death. The battered woman
deems this incident as unpredictable, yet also inevitable. During this phase,
she has no control; only the batterer may put an end to the violence. The
final phase of the cycle of violence begins when the acute battering incident
ends. During this tranquil period, the couple experience profound relief..
b. YES. Under Section 3(c) of RA No. 9262, “Battered Woman Syndrome”

refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
“cumulative abuse”. Under Section 3(b), “Battery” refers to an act of
inflicting physical harm upon the woman or her child resulting in physical
and psychological or emotional distress.
In sum, the defense of Battered Woman Syndrome can be invoked if the

woman in marital relationship with the victim is subjected to cumulative
abuse or battery involving the infliction of physical harm resulting to the
physical and psychological or emotional distress. Cumulative means
resulting from successive addition. In sum, there must be “at least two
battering episodes” between the accused and her intimate partner and
59
such final episode produced in the battered person’s mind an actual fear
of an imminent harm from her batterer and an honest belief that she
needed to use force in order to save her life. (People v. Genosa, G.R. No.
135981, January 15, 2004)
In this case, because of the battering episodes, Julia feared the onset of
another violent fight and honestly believed the need to defend herself even
if Romeo had not commenced an unlawful aggression. Even in the
absence of unlawful aggression, however, Battered Woman Syndrome is
a defense. Under Section 27 of RA No. 9262, Battered Woman Syndrome
is a defense notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code
such as unlawful aggression. (Section 26, RA No. 9262)
Q: For the past five years, Ruben and Rorie had been living together
as husband and wife without the benefit of marriage. Initially, they
had a happy relationship which was blessed with a daughter, Rona,
who was born on March 1, 2014. However, the partners’ relationship
became sour when Ruben began indulging in vices, such as women
and alcohol, causing frequent arguments between them. Their
relationship got worse when, even for slight mistakes, Ruben would
lay his hands on Rorie. One day, a tipsy Ruben barged into their
house and, for no reason, repeatedly punched Rorie in the stomach.
To avoid further harm, Rorie ran out of the house. But Ruben pursued
her and stripped her naked in full view of their neighbors; and then
he vanished.
Ten days later, Ruben came back to Rorie and pleaded for
forgiveness. However, Rorie expressed her wish to live separately
from Ruben and asked him to continue providing
financial support for their daughter Rona. At that time, Ruben was
earning enough to support a family. He threatened to withdraw the
support he was giving to Rona unless Rorie would agree to live with
him again. But Rorie was steadfast in refusing to live with Ruben
again, and insisted on her demand for support for Rona. As the ex-
lovers could not reach an agreement, no further support was given
by Ruben.
What crimes did Ruben commit:
a. For beating and humiliating Rorie?

b. For withdrawing support for Rona? (2018 BAR)
A: a. For beating and humiliating Rorie, such acts violate R.A 9262, known
as the “Anti- Violence Against Women and Their Children Act of 2004,”
particularly section 3 (a) thereof under “Physical Violence” referring to acts
that include bodily or physical harm against a woman with whom the person
has or had a sexual or dating relationship.
b. For withdrawing support for Rona, such act is a violation of RA 9262,

section 3 (d), which reads: “Economic abuse” refers to acts that make or
attempt to make a woman financially dependent which includes, but is not
limited to the following: Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;
"Stalking" refers to an intentional act committed by a
person who, knowingly and without lawful justification
follows the woman or her child or places the woman or
her child under surveillance directly or indirectly or a
combination thereof.
60
"Dating relationship" refers to a situation wherein the
parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a
dating relationship.
"Sexual relations" refers to a single sexual act which may

or may not result in the bearing of a common child.
"Safe place or shelter" refers to any home or institution

maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other
agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other suitable
place the resident of which is willing temporarily to
receive the victim.
"Children" refers to those below eighteen (18) years of

age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As
used in this Act, it includes the biological children of the
victim and other children under her care.
SECTION 5. Acts of Violence Against Women and Their

Children.- The crime of violence against women and their
children is committed through any of the following acts:
(a) Causing physical harm to the woman or her

child;
(b) Threatening to cause the woman or her child

physical harm;
(c) Attempting to cause the woman or her child

physical harm;
(d) Placing the woman or her child in fear of

imminent physical harm; Sec. 5, par. (e):
Del Socorro v. Van Wilsem, G.R. No. 193707, December 10, 2014
(e) Attempting to compel or compelling the • Pet. Norma and respondent Ernst Johan contracted marriage in
woman or her child to engage in conduct which Holland. They had a son. However, their marriage was terminated
the woman or her child has the right to desist by divorce. Thereafter, petitioner and her son came home to the
from or desist from conduct which the woman Philippines. According to petitioner, respondent made a promise
or her child has the right to engage in, or to provide monthly support to their son. However, since the arrival
attempting to restrict or restricting the woman's of petitioner, respondent never gave support to the son, Rodrigo.
or her child's freedom of movement or conduct Respondent came to the Philippines and remarried in Cebu City,
by force or threat of force, physical or other and since then, have been residing thereat. Petitioner, through
harm or threat of physical or other harm, or her counsel, sent a letter demanding for support from respondent.
intimidation directed against the woman or However, respondent refused to receive the letter.
child. This shall include, but not limited to, the • Because of the foregoing circumstances, petitioner filed a
following acts committed with the purpose or complaint affidavit with the Prov. Prosec. of Cebu City against
respondent for violation of Sec. 5, par. E (2) of R.A. No. 9262 for
the latter’s unjust refusal to support his minor child with petitioner.
61
effect of controlling or restricting the woman's or Ruling of the Supreme Court:
her child's movement or conduct: a) Under the Doctrine of Processual Presumption, although there
was allegation of Holland Law, he was not not able to prove the
(1) Threatening to deprive or actually same and as such, it is as it the Holland Law is the same as the
depriving the woman or her child of Philippine Law, hence he is bound under R.A. No. 9262.
custody to her/his family; b) Under the Generality Characteristic of the criminal law, although
he is a foreigner, he is residing in the Philippines and the crime
being committed in the Philippines, he is liable under R.A. No.
(2) Depriving or threatening to deprive
9262.
the woman or her children of financial
c) The act of unjustified failure to give support to his child is a
support legally due her or her family,
continuing offense and as such it has no prescriptive period.
or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive

the woman or her child of a legal right;
(4) Preventing the woman in engaging

in any legitimate profession,
occupation, business or activity or
controlling the victim's own mon4ey or
properties, or solely controlling the
conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical

harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the woman

or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or her
child or her/his immediate family;
(h) Engaging in purposeful, knowing, or

reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but not
be limited to, the following acts:
(1) Stalking or following the woman or

her child in public or private places;
(2) Peering in the window or lingering
outside the residence of the woman or
her child;
(3) Entering or remaining in the
dwelling or on the property of the
woman or her child against her/his will;
(4) Destroying the property and
personal belongings or inflicting harm
to animals or pets of the woman or her
child; and
(5) Engaging in any form of
harassment or violence;
Denial for Financial Support:
(i) Causing mental or emotional anguish, public • Sec. 5(i) of R.A. No. 9262, a form of psychological violence,
ridicule or humiliation to the woman or her child, punishes the act of “causing mental or emotional anguish, public
including, but not limited to, repeated verbal ridicule or humiliation to the woman or her child, including, but not
and emotional abuse, and denial of financial limited to, repeated verbal and emotional abuse, and denial of
support or custody of minor children of access financial support or custody of minor children or denial of access
to the woman's child/children. to the woman’s child/children.”
62
• Psychological violence is the means employed by the perpetrator,
while metal or emotional anguish is the effect caused to or the
damage sustained by the offended party.
• It must be first shown that the accused’s denial thereof – which is,
by itself, already a form of economic abuse – further caused
mental or emotional anguish to the woman-victim and/or to their
common child. (Malgar v. People, G.R. No. 223477, 14 February
2018)
• The law contemplates that acts of violence against women and

SECTION 7. Venue.- The Regional Trial Court their children may manifest as transitory or continuing crimes;
designated as a Family Court shall have original and meaning that some acts material and essential thereto and
exclusive jurisdiction over cases of violence against requisite in their consummation occur in one municipality or
territory, while some occur in another.
women and their children under this law. In the absence
• Even if the alleged extra marital affair causing the offended wife
of such court in the place where the offense was mental and emotional anguish is committed abroad, the same
committed, the case shall be filed in the Regional Trial does not place a prosecution under R.A. No. 9262 absolutely
Court where the crime or any of its elements was beyond the reach of the Philippine courts. (AAA v. BBB, G.R. No.
committed at the option of the compliant. 212448, 11 January 2018)
a) If it involves physical abuse : it shall prescribe after 20 years;

SECTION 24. Prescriptive Period. – Acts falling under b) If it involves psychological, sexual, and economical abuse : it shall
Sections 5(a) to 5(f) shall prescribe in twenty (20) years. prescribe in 10 years.
Acts falling under Sections 5(g) to 5(I) shall prescribe in
ten (10) years.
SECTION 25. Public Crime. – Violence against women

and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint
by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 27. Prohibited Defense. – Being under the

influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.
63
K. R.A. NO. 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION
ACT
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not
limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian
or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an
area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of
life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of
children.
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other sexual abuse.
Persons liable :
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
64
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the
case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution
in addition to the activity for which the license has been issued to said establishment.
Sec. 5[b], R.A. No. 7610, in relation to Arts. 266-A, 266-B and 336, RPC ;
Designation of the Crime & Imposable Penalty
12 years old or below 18,

Under 12 years or
Age of the Victim or above 18 under special Over 18 years old
demented
circumstances
Criminal Act Designation of the Offense
Acts of Lasciviousness Acts of Lasciviousness Lascivious conduct (Sec. Not applicable
committed against children (Art 336, RPC, in rel to 5[b], R.A. No. 7610):
exploited in prostitution or Sec. 5[b], R.A. 7610): Reclusion temporal in its
other sexual abuse reclusion tempooral in its medium period to
medium period reclusion perpetua
Sexual Assault committed Sexual Assault (Art. 266- Lascivious conduct (Sec. Not Applicable
against children exploited A[2], RPC in rel. to Sec. 5[b], R.A. No. 7610):
in prostitution or other 5[b], R.A. No. 76100: reclusion temporal in its
sexual abuse reclusion temporal in its medium period to
Sexual Intercourse Rape (Art. 266-A[1], RPC): Sexual Abuse (Sec. 5[b], Not Appicable
committed against children reclusion perpetua, except reclusion temporal in its
exploited in prostitution or when the victim is below 7 medium period to
other sexual abuse y/o in which case death reclusion perpetua
penalty shall be imposed
Rape by carnal knowledge Rape (Art. 266-A[1] in rel. Rape (Art. 266-A[1] in rel. Rape (Art. 266-A[1], RPC): reclusion
to Art. 266[b], RPC): to Art. 266-B, RPC): perpetua
reclusion perpertua, reclusion perpetua
except when the victim is
below 7 y/o in which case
death penalty shall be
imposed
Rape by Sexual Assault Sexual Assault (Art. 266- Lascivious conduct (Sec. Sexual Assault (Art. 266-A[2], RPC): prision
A[2], RPC, in rel. to Sec. 5[b], R.A. No. 7610): mayor
5[b], R.A. No. 7610): reclusion temporal in its
reclusion temporal in its medium period to
65
Jurisprudence
People v. Tubillo, G.R. No. 220718, Under Section 5 (b), Article III of RA 7610 in relation to RA 8353, if the victim of sexual abuse
21 June 2017 is below 12 years of age, the offender should not be prosecuted for sexual abuse but for
statutory rape under Article 266-A (1) (d) of the Revised Penal Code and penalized with
reclusion perpetua. On the other hand, if the victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5 (b) of RA 7610 or rape under Article 266-A
(except paragraph 1 [d]) of the Revised Penal Code. However, the offender cannot be accused
of both crimes for the same act because his right against double jeopardy will be prejudiced. A
person cannot be subjected twice to criminal liability for a single criminal act. Likewise, rape
cannot be complexed with a violation of Section 5 (b) of RA 7610. Under Section 48 of the
Revised Penal Code (on complex crimes), a felony under the Revised Penal Code (such as
rape) cannot be complexed with an offense penalized by a special law. (citing People vs. Abay)
People v. Basa, G.R. No. 237349, Upon the effectivity of R.A. No. 8353, specific forms of acts of lasciviousness were no longer
22 February 2019 punished under Article 336 of the RPC but were transferred as a separate crime of "sexual
assault" under paragraph 2, Article 266-A of the RPC. Committed by "inserting penis into
another person's mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person" against the victim's will, "sexual assault" has also been called
"gender-free rape" or "object rape."
If the acts constituting sexual assault are committed against a victim under 12 years of age or
is demented, the nomenclature of the offense should now be "Sexual Assault” under paragraph
2, Article 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610 and no longer "Acts of
Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of R.A. No. 7610,"
Whereas if the victim is 12 years old and under 18 years old, or 18 years old and above under
special circumstances, the nomenclature of the crime should be "Lascivious Conduct under
Section 5(b) of R.A. No. 7610"
Sexual Assualt
Classic Rape
under Par. 2, Art. 266-A, RPC
Is a broader term that includes acts that is particular, and its commission involves
gratify sexual desire (such as cunnilingus, only the reproductive organs of a woman
felatio, sodomy or even rape and a man. Compared to sexual assault,
rape is severely penalized because it may
lead to unwanted procreation
People v. Basa, G.R. No. 237349, Before an accused can be held criminally liable for lascivious conduct under Section 5 (b),
22 February 2019 Article III of R.A. No. 7610, the Court held in Quimvel v. People that the requisites for Acts of
Lasciviousness, as penalized under Article 336 of the RPC, must be met in addition to the
requisites for sexual abuse under Section 5 (b), Article III of R.A. No. 7610, namely:
1. The offender commits any act of lasciviousness or lewdess;

2. That it be done under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under 12 years of age or is demented, even though none
of the circumstances mentioned above be present;
3. That said act is performed with a child exploited in prostitution or subjected to other sexual
abuse; and
• a child is deemed exploited in prostitution or subjected to other sexual abuse when
the child indulges in sexual intercourse or lascivious conduct (a) for money, profit or
any other consideration; or (b) under the coercion or any influence of any adult,
syndicate or group.
• In the case of Olivarez v. Court of Appeals, the Court explained that the phrase "other
sexual abuse," in the above provision. covers not only a child who is abused for profit,
but also one who engages in lascivious conduct through the coercion or intimidation
by an adult.
4. That the offended party is a child, whether male or female, below 18 years of age.
66
Other acts punished under R.A. No. 7610
Sec. 6. Attempt to commit There is an attempt to commit child prostitution when –
Child Prostitution (a) any person who, not being a relative of a child, is found alone with the said child inside the room
or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual
abuse.
(b) any person is receiving services from a child in a sauna parlor or bath, massage clinic, health
club and other similar establishments.
Sec. 7. Child Trafficking Child trafficking is committed by any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter.
Sec. 8. Attempt to commit There is an attempt to commit child trafficking when :
Child Trafficking a. When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the DSWD or written permit or justification from the child’s parents or
legal guardian;
b. When a person, agency, establishment or child-caring institution recruits women or couples
to bear children for the purpose of child trafficking; or
c. When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
d. When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for
the purpose of child trafficking.
Sec. 9. Obscene 1. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene
Publications and Indecent exhibitions and indecent shows, whether live or in video, or model in obscene publications or
Shows pornographic materials or to sell or distribute the said materials.
2. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie
or show or in any other acts.
Sec. 10. Other Acts of a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
Neglect, Abuse, Cruelty or responsible for other conditions prejudicial to the child's development including those covered
Exploitation and Other by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code.
Conditions Prejudicial to the
Child’s Development Calaogan v. People, G.R. No. 22297, 20 March 2019
• Sec. 10(a) of R.A. No. 7610 penalizes an act when it constitutes as child abuse. In relation
thereto, Sec. 3(b), of the same law highlights that in child abuse, the act by deeds or words
must debase, degrade, or demean the intrinsic worth and dignity of a child as a human
being. Debasement is defined as the act of reducing the value, quality, or purity of
something; degradation, on the other hand, is a lessening of a person's or thing's character
or quality; while demean means to lower in status, condition, reputation, or character. When
this element of intent to debase, degrade or demean is present, the accused must be
convicted of violating Sec. 10(a) of R.A. No. 7610, which carries a heavier penalty
compared to that of slight physical injuries under the RPC.
• When the infliction of physical injuries against a minor is done at the spur of the moment,
it is imperative for the prosecution to prove a specific intent to debase, degrade, or demean
the intrinsic worth of the child; otherwise, the accused cannot be convicted under Sec. 10(a)
of R.A. No. 7610.
BAR Q&A:
Q: Lucido, AAA’s neighbor was charged with child abuse because the child suffered repeated
physical abuse in the latter’s hands, which included strangulation, beating, pinching, and
touching of her sex organ by Lucido. AAA was also threatened that Lucido would stab her if
she tells anyone about what was being done to her. Lucido argued that before she is
convicted of child abuse, the element that the acts must be prejudicial to the child’s
development must first be proven by the prosecution. Is Lucido’s argument correct?
A: NO. Lucido is incorrect. Section 10(a) of R.A. No. 7610 punishes four distinct offenses, i.e. (a)
child abuse, (b) child cruelty, (c) child expoitation, and (d) being responsible for conditions prejudicial
to the child’s development. The element that the acts must be prejudicial to the child’s development
pertains only to the fourth offense. The crime charged against her is child abuse, which is the first
67
offense, hence, the element that the acts must be prejudicial to the child’s development need not be
proven to enable her conviction. (Antonieta Lucido v. People of the Philippines, G.R. No. 217764,
August 7, 2017)
b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who
in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places, EXCEPT if said person is related within the fourth degree of
consanguinity or affinity to the minor or by any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
BAR Q&A:
Q: Sometime in December 1992, retired Lt. Col. Agaton, celebrating the first year of his
compulsory retirement from the Armed Forces of the Philippines, had in his company a
fourteen (14) year-old girl whose parents were killed by the Mt. Pinatubo eruption and being
totally orphaned has been living or fending for herself in the streets in Manila. They were
alone in one room in a beach resort and stayed there for two (2) nights. No sexual intercourse
took place between them. Before they parted, retired Lt. Col. Agaton gave the girl P1,000.00
for her services. She gladly accepted it.
1. What crime may the retired colonel be charged with, if any? Discuss.
2. What possible defenses can he interpose? Explain. (1993 BAR)
A:
a. The retired colonel may be charged with the violation of Sec. 10 (b) of RA 7610 or the Anti-Child
Abuse Law. Under the law, “any person who shall keep or have in his company a minor, twelve (12)
years or under or who in is ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or
other tourist resort or similar places” is liable for other acts of neglect, abuse, cruelty or exploitation
and other conditions prejudicial to the child's development. (Sec. 10 (b), RA 7610)
Considering that Lt. Col Agaton is compulsory retired and that the child is only 14 years old, there
must be an age difference of more than 10 years between them. The age difference and the fact
that Lt. Col. Agaton stayed with the child in one room at a beach resort for two nights and thereafter
giving her P1,000.00 “for her services,” constitutes violation of the said law.
b. The possible defenses Lt. Col. Agaton may interpose are:

1. That the child is related to him within the fourth degree of consanguinity or affinity or
by a bond recognized in law, or local customs and traditions; or
2. That he was only acting in pursuance of a moral, social or legal duty. (Sec. 10 (b), Art.
VI, R.A. 7610)
c) Any person who shall induce, deliver or offer a minor to anyone prohibited to keep or have in
his company a minor as provided in the preceding paragraph.
d) Any person, owner, manager or one entrusted with the operation of any public or private place
of accommodation, whether for occupancy, food, drink or otherwise, including residential
places, who allows any person to take along with him to such place or places any minor.
e) Any person who shall use, coerce, force or intimidate a street child or any other child to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities.
68
L. R.A. No. 11313 – SAFE SPACES ACT
Acts punished: Sec. 3 (a), (e), (h), R.A. No. 11313:
1. Gender-based sexual
harassment in streets, (a) Catcalling - unwanted remarks directed towards a person, commonly done in the form of wolf-
public spaces, online, whistling and misogynistic, transphobic, homophobic, and sexist slurs;
workplaces, and (e) Gender-based online sexual harassment – an online conduct targeted at a particular person
educational or training that causes or likely to cause another mental, emotional or psychological distress, and fear of
institutions. personal safety, sexual harassment acts including unwanted sexual remarks and comments,
threats, uploading or sharing of one’s photos without consent, video and audio recordings,
cyberstalking and online identity theft;
(h) Stalking refers to conduct directed at a person involving the repeated visual or physical
proximity, non- consensual communication, or a combination thereof that cause or will likely
cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.
2. Gender-based streets Sec. 4, R.A. No. 11313 :

and public spaces sexual • committed through any unwanted and uninvited sexual actions or remarks against any
harassment person regardless of the motive for committing such action or remarks.
• It includes cursing, catcalling, wolf-whistling, leering and intrusive gazing, taunting,
pursing, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs,
persistent uninvited comments or gestures on a person’s appearance, relentless
requests for personal details such as name, contact and social media details or
destination, the use of words =, gestures or actions that ridicule on the basis of sex
gender or sexual orientation, identity and/or expression, statement of sexual comments
and suggestions, public masturbation or flashing of private parts, groping, or any
advances, whether verbal or physical, the use of words, gestures or actions that ridicule
on the basis of sex, gender or sexual orientation, identity, the persistent telling of sexual
jokes, use of sexual names, comments and demands, and any statement that has made
an invasion on a person’s personal space or threatens the person’s sense of personal
space and physical safety.
3. Gender-based sexual Sec. 5, R.A. No. 11313

harassment in
restaurants and cafes,
bars, resorts, hotels,
cinemas, malls, xxx or
other places open to the
public.
4. Gender-based sexual
harassment in public Sec. 6, R.A. No. 11313
utility vehicles
5. Gender-based online
sexual harassment Sec. 3 (e) and Sec. 12, R.A. No. 11313 :
• includes acts that use information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats, unwanted
sexual misogynistic, transphobic, homophobic and sexist remarks and comments
online whether publicly or through direct and private messages, invasion of victim’s
privacy through cyberstalking and incessant messaging, uploading and sharing without
the consent of the victim, any form of media that contains photos, voice, or video with
sexual content, any unauthorized recording and sharing of any of the victim’s photos,
videos, or any information online, impersonating identities of victims online or posting
lies about victims to harm their reputation, or filing, false abuse reports to online
platforms to silence victims.
6. Gender-based sexual Sec. 6, R.A. No. 11313 :

harassment in • School heads (principals, school heads, teachers, instructors, professors, coaches,
educational and training trainers, or any other person who has authority, influence or moral ascendancy over
institutions another) are criminally liable if they fail to act on reported acts of gender-based sexual
harassment committed in the educational institution.
Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away from
the offended person at a distance specified by the court, or to stay away from the residence, school, place of employment, or any
specified place frequented by the offended person
69
M. R.A. NO. 10173 – DATA PRIVACY ACT OF 2012
Punishable acts: processing personal information or sensitive personal information, without
1. Unauthorized processing of personal the consent of the data subject, or without being authorized under any
information or sensitive personal information existing law.
2. Accessing personal information and sensitive providing access to personal information or sensitive personal information,
personal information due to negligence without being authorized under any law, due to negligence.
3. Improper personal information or sensitive knowingly or negligently disposing, discarding or abandoning the personal
personal information information or sensitive personal information of an individual in an area
accessible to the public or has otherwise placed the personal information
of an individual in its container for trash collection.
4. Processing of personal information or sensitive processing of personal information or sensitive personal information for
personal information for unauthorized purposes purposes not authorized by the data subject, or otherwise authorized under
existing laws.
5. Unauthorized access or Intentional breach knowingly and unlawfully, or violating data confidentiality and security data
systems, breaks in any way into any system where personal and sensitive
personal information is stored.
6. Concealment of security breaches involving concealing, intentionally or by omission, security breaches involving
sensitive personal information sensitive personal information, after having knowledge of such breach and
of the obligation to notify the Data Privacy Commission.
7. Malicious disclosure committed by any personal information controller or personal information

processor or any of its officials, employees or agents, who, with malice or
in bad faith, discloses unwarranted or false information relative to any
personal information or personal sensitive information obtained by him.
8. Unauthorized disclosure committed by any personal information controller or personal information

processor or any of its officials, employees or agents, who discloses to a
third-party personal information or sensitive personal information, without
the consent of the data subject, and not constituting Malicious disclosure.
“Committed in Large-Scale”
- when the personal information of at least 100 persons is harmed, affected or involved as the result of the above-mentioned
actions.
70

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TERRIROTIALITY NOTES (Atty. Ticman, UP BRI Lecture 2020):

1. Should commit an offense while on a Philippine ship or airship.

▪ All forms of Bribery

• Crimes against national security

a. Treason [Art. 114]

• Crimes against the law of nations

Human Security Act

Violence Against Women and their Children Act of 2004

MENS REA (Mental Element) NOTES:

When not presumed (Exception)

2. In frustrated homicide, specific intent to kill is not presumed but must be

Presumed from a mere doing of Existence is not presumed.

The burden is upon the Since the specific intent is an

Examples of Crimes requiring Specific Criminal Intent

Specific Criminal Intent Must be Alleged in Information

Specific Intent, How Proven

ACTUS REUS (Physical Element) NOTES:

JUSTIFYING CIRCUMSTANCES (ARTICLE 11, REVISED PENAL CODE)

SELF-DEFENSE OF ONE’S PERSON DEFENSE OF A RELATIVE’S PERSON DEFENSE OF A STRANGER’S PERSON OR

Common Elements of PARS. 1-3:

Different Elements of PARS. 1-3:

Defense of Property Rights

Q: If B hacked to death both A and C, what defense can B invoke?

STATE OF NECESSITY (PAR. 4) Requisites:

• Even private individuals may invoke this circumstance.

OBEDIENCE TO AN ORDER (PAR. 6) Requisites:

MINORITY (PARS. 2-3) Exemption from Criminal Liability

RA 9344 – Juvenile Justice and Welfare Act (Section 58)

ACCIDENT (PAR. 4) Requisites:

PREVENTED BY SOME LAWFUL Requisites:

ENTRAPMENT VS. INSTIGATION

INCOMPLETE JUSTIFYING AND INCOMPLETE Requisites:

Remember: Unlawful aggression is an indispensable in self-defense,

CONDITIONAL MINORITY AND SENILITY (PAR. 2) Requisites of Conditional Minority (Privileged):

Requisites of Senility (Generic):

NO INTENTION TO COMMIT SO GRAVE A WRONG Requisites: [END]

SUFFICIENT THREATS AND PROVOCATION (PAR. Requisites: [PISO]

VINDICATION OF GRAVE OFFENSE (PAR. 5) Requisites: [GV]

PASSION OR OBFUSCATION (PAR. 6) Requisites: [I-P-A(US)-L]

Requisites of Voluntary Surrender:

De Vera vs. De Vera (Exception to the 4th Requisite)

PHYSICAL DEFECT (PAR. 8) Requisites: [PR]

ILLNESS (PAR. 9) Requisites: [WC]

Note: Unlike in Art. 13, there is no analogous circumstances in Art. 14.

CONTEMPT OR INSULT TO PUBLIC Requisites:

DISREGARD OF RANK, AGE, OR SEX NOTES:

People vs. Tano

ABUSE OF CONFIDENCE (PAR. 4) Requisites:

RECIDIVISM (PAR. 9) REITERACION/HABITUALITY (PAR. 10)

INUNDATION, FIRE, POISON, Fire

Use of Any Artifice Including Great Waste and Ruin

Requisites:The prosecution must prove –

SUPERIOR STRENGTH (PAR. 15) NOTES:

TREACHERY (PAR. 16) NOTES:

▪ If the meeting is casual/by chance.

IGNOMINY (PAR. 17) CRUELTY (PAR. 21)

There is an unlawful entry when an

Both pars. 18 and 19 are inherent in the crimes of:

AID OF MINORS MOTOR VEHICLES, AIRSHIPS, OR OTHER SIMILAR MEANS

Note: May either be a generic mitigating circumstance or generic aggravating circumstance.

• The rule varies depending on the crime committed:

GR: Always mitigating. GR: Always aggravating. GR: Always aggravating