CRIMES AGAINST PERSONS: DESTRUCTION OF LIFE

ART. 246 PARRICIDE

ELEMENTS
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

NOTE:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother
or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship
8. Parricide of spouse requires proof of marriage. The best proof of the relationship is marriage
certificate.
9. Parricide may be proven even if no marriage contract was presented, provided there is other
evidence proving the fact of marriage.
10. Persons living together in apparent matrimony are presumed to be in fact married

ART 247. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury
in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with
another person. However, it is enough that circumstances reasonably show that the carnal act is
being committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form
parts of one continuous act
8. The killing must be the direct by-product of the rage of the accused
9. No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
 liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony

ART 248 MURDER

ELEMENTS
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances
a) with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity
b) in consideration of price, reward or promise
c) by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or locomotive, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or ruin
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
e) with evident premeditation
f) with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.

FOR EVIDENT PREMEDITATION TO QUALIFY KILLING TO MURDER

there must be proof, as clear as the evidence of the crime itself of the following elements:
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the offender clung to his or her determination; and
3. A lapse of time between the determination and the execution sufficient to allow the offender to
reflect upon the consequences of his act.

Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted
or frustrated murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only
be considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
5. Treachery in aberration ictus can be appreciated. When offender fired at his adversary but
missed, the unintended victims were helpless, qualified by treachery it is murder
6. Dwelling and nocturnity are not part of article 248
7. There is cruelty when other injuries or wounds are inflicted deliberately by the offender, which
are not necessary for the killing of the victim.
8. Any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing
to murder.
9. When fire is used:
a. To conceal the killing where the victims were: homicide/ murder and arson
 b. A means to kill: murder, no arson even if other houses burned down , generic
aggravating circumstance
c. Burned the house but someone was inside and died- complex crime of arson with
homicide
d. A joke but resulted to death: homicide

ART. 249 HOMICIDE

ELEMENTS
That a person was killed.
1. That the accused killed him without any justifying circumstances.
2. That the accused had the intention to kill, which is presumed.
3. That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.

Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not
in conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
5. Physical injuries there is no intent to kill, but if the victim died, the crime will be homicide
because the law punishes the result, and not the intent of the act.
6. If the injuries were mortal but were only due to negligence, the crime committed will be serious
physical injuries through reckless imprudence as the element of intent to kill in frustrated
homicide is incompatible with negligence or imprudence.

ART 266. RAPE

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons
incorporated into Title 8 of the RPC to be known as Chapter 3

Elements under paragraph 1

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 or intimidation;
b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

Elements under paragraph 2

1. Offender commits an act of sexual assault;
2. The act of sexual assault 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

The act of sexual assault is accomplished under any of the following circumstances:
 1. By using force or intimidation; or
2. When the woman is deprived of reason or otherwise unconscious; or
3. By means of fraudulent machination or grave abuse of authority; or
4. When the woman is under 12 years of age or demented.

Republic Act No. 8353 (An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same
as A Crime against Persons, Amending for the Purpose the Revised Penal Code) repealed Article335 on
rape and added a chapter on Rape under Title 8.

Classification of rape
(1) Traditional concept under Article 335 – carnal knowledge with a woman against her will. The
offended party is always a woman and the offender is always a man.
(2) Sexual assault - committed with an instrument or an object or use of the penis with penetration
of mouth or anal orifice. The offended party or the offender can either be man or woman, that
is, if a woman or a man uses an instrument on anal orifice of male, she or he can be liable for
rape.

Rape is committed when a man has carnal knowledge of a woman under the following circumstances:
(1) Where intimidation or violence is employed with a view to have carnal knowledge of a woman;
(2) Where the victim is deprived of reason or otherwise unconscious;
(3) Where the rape was made possible because of fraudulent machination or abuse of authority; or
(4) Where the victim is under 12 years of age, or demented, even though no intimidation nor
violence is employed.

Sexual assault is committed under the following circumstances:

(1) Where the penis is inserted into the anal or oral orifice; or
(2) Where an instrument or object is inserted into the genital or oral orifice.

If the crime of rape / sexual assault is committed with the following circumstances, the following
penalties are imposed:
(1) Reclusion perpetua to death/ prision mayor to reclusion temporal
a. Where rape is perpetrated by the accused with a deadly weapon; or
b. Where it is committed by two or more persons.
(2) Reclusion perpetua to death/ reclusion temporal –
a. Where the victim of the rape has become insane; or
b. Where the rape is attempted but a killing was committed by the offender on the
occasion or by reason of the rape.
(3) Death / reclusion perpetua -- Where homicide is committed by reason or on occasion of a
consummated rape.
(4) Death/reclusion temporal –
a. Where the victim is under 18 years of age and the offender is her ascendant, stepfather,
guardian, or relative by affinity or consanguinity within the 3rd civil degree, or the
common law husband of the victim’s mother; or
b. Where the victim was under the custody of the police or military authorities, or other
law enforcement agency;
c. Where the rape is committed in full view of the victim’s husband, the parents, any of the
children or relatives by consanguinity within the 3rd civil degree;
 d. Where the victim is a religious, that is, a member of a legitimate religious vocation and
the offender knows the victim as such before or at the time of the commission of the
offense;
e. Where the victim is a child under 7 yrs of age;
f. Where the offender is a member of the AFP, its paramilitary arm, the PNP, or any law
enforcement agency and the offender took advantage of his position;
g. Where the offender is afflicted with AIDS or other sexually transmissible diseases, and
he is aware thereof when he committed the rape, and the disease was transmitted;
h. Where the victim has suffered permanent physical mutilation;
i. Where the pregnancy of the offended party is known to the rapist at the time of the
rape; or
j. Where the rapist is aware of the victim’s mental disability, emotional disturbance or
physical handicap.

NOTE:
1. Attempted rape, no penetration happened. The accused has commenced with the act of
penetration, however, no penetration happened for some reason other than the his own
spontaneous desistance.
2. Since rape is not a private crime anymore, it can be prosecuted even if the woman does not file
a complaint
3. Similarly, the legal husband may be pardoned by forgiveness of the wife provided that the
marriage is not void ab initio. Obviously, under the new law, the husband may be liable for rape
if his wife does not want to have sex with him. It is enough that there is indication of any
amount of resistance as to make it rape.
4. Incestuous rape was coined in Supreme Court decisions. It refers to rape committed by an
ascendant of the offended woman. In such cases, the force and intimidation need not be of such
nature as would be required in rape cases had the accused been a stranger.
5. Conversely, the Supreme Court expected that if the offender is not known to woman, it is
necessary that there be evidence of affirmative resistance put up by the offended woman. Mere
“no, no” is not enough if the offender is a stranger, although if the rape is incestuous, this is
enough.
6. When the victim is below 12 years old, mere sexual intercourse with her is already rape. Even if
it was she who wanted the sexual intercourse, the crime will be rape. This is referred to as
statutory rape.
7. In other cases, there must be force, intimidation, or violence proven to have been exerted to
bring about carnal knowledge or the woman must have been deprived of reason or otherwise
unconscious.
8. Note that it has been held that in the crime of rape, conviction does not require medicolegal
finding of any penetration on the part of the woman. A medico-legal certificate is not necessary
or indispensable to convict the accused of the crime of rape.
9. An accused may be convicted of rape on the sole testimony of the offended woman. It does not
require that testimony be corroborated before a conviction may stand. This is particularly true if
the commission of the rape is such that the narration of the offended woman would lead to no
other conclusion except that the rape was committed.
10. Rape does not have to prove resistance, virginity, the absence of fresh lacerations, the absence
of findings by medico-legal, the accused being younger than the victim, and pain which may be
deduced from the sexual act.
Doctrinal principles in rape:
1. Full or complete entry is not necessary. Essential point to prove is the entrance or at least
introduction of the male organ
2. Absence of external physical injuries does not signify lack of resistance.
3. In incestuous rape of minor, proof of force or violence is not essential.

ART. 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION

ELEMENTS
1. 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 (becomes
serious):
a. The kidnapping lasts for more than 3 days;
b. it is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made; or
d. The person kidnapped or detained is a minor (except if parent is the offender), female,
or a public officer

QUALIFYING CIRCUMSTANCES
1. Purpose is to extort ransom;
2. When the victim is killed or dies as a consequence of the detention;
3. When the victim is raped;
4. When victim is subjected to torture or dehumanizing acts.

RANSOM
1. It 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.
2. When the kidnapping was done to extort ransom, it is not necessary that one or any of
circumstances enumerated be present.
3. Actual demand for ransom not necessary, as long as it can be proven that the kidnapping was
done for the purpose of extorting money. Whether or not the ransom is actually paid to or
received by the perpetrator is of no moment.
4. The victim’s lack of consent is also a fundamental element of kidnapping and serious illegal
detention.
5. It is essential that there be actual confinement or restriction of the person of the offended
party. It is not necessary that the victim be placed in an enclosure, as long as he is deprived, in
any manner, of his liberty

ILLEGAL DETENTION AND ARBITRARY DETENTION

1. Illegal detention: Committed by a private individual who unlawfully deprives a person of his
liberty
Arbitrary detention: Committed by public officer or employee who detains a person without
legal ground
2. Illegal detention: Crime against personal liberty
Arbitrary detention: Crime against the fundamental laws of the State
Elements of kidnapping for ransom under Article 267 of RPC, as amended by RA 7659 warranting the
imposition of the death penalty, are as follows:
1. Intent on the part of the accused to deprive the victim of his liberty;
2. Actual deprivation of the victim of his liberty; and
3. Motive of the accused, which is extorting ransom for the release of the victim.

NOTE:
1. Where the person kidnapped or detained is a minor and the accused is any of his parents, there
is no crime of kidnapping
2. The essential element is deprivation of liberty
3. The duration of the detention even if only for a few hours does not alter the nature of the crime
committed.
4. Lewd design came after the intent to kidnap the victim. If there is an attempted rape, it shall be
considered as a separate crime.
5. In forcible abduction with rape, there is already lewd design before the kidnapping. If there is an
attempted rape, the crime committed is only forcible abduction, the former being an expression
of a lewd design

ART. 268. SLIGHT ILLEGAL DETENTION

ELEMENTS
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his liberty / furnished the
place for the perpetration of the crime
3. The act of kidnapping or detention is illegal;
4. The crime is committed without the attendance of any of the circumstances enumerated in
Article 267. NOTE: This felony is committed if any of the five circumstances in the commission of
kidnapping or detention enumerated in Article 267 is not present.

THE PENALTY IS LOWERED IF

1. The offended party is voluntarily released within three days from the start of illegal detention;
2. Without attaining the purpose; AND
3. Before the institution of the criminal action.

NOTE
1. The period of 3 days must be computed by days of 24 hours and from that moment of the
deprivation of liberty until it ceases
2. The liability of one who furnishes the place where the offended party is being held captive is
that of a principal and not of an accomplice.

ART. 269. UNLAWFUL ARREST

This felony consists in making an arrest or detention without legal or reasonable ground for the purpose
of delivering the offended party to the proper authorities.

ELEMENTS
1. Offender arrests or detains another person;
2. The purpose of the offender is to deliver him to the proper authorities;
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor
ACT COMMITTED AND CRIME
1. UNLAWFUL ARREST: Arrest made without a warrant and under circumstances not allowing a
warrantless arrest
2. ILLEGAL DETENTION (ART 267 AND 268): If the person arrested is not delivered to the
authorities, Where person making the arrest is a private individual
3. ARBITRARY DETENTION (ART 124): If the person arrested is not delivered to the authorities,
offender is public officer
4. DELAYING RELEASE (ART 125): If the detention or arrest is for a legal ground, but the public
officer delays delivery of the person arrested to the proper judicial authorities

ART. 270 KIDNAPPING AND FAILURE TO RETURN A MINOR

ELEMENTS
1. The offender is entrusted with the custody of a minor; and
2. He deliberately fails to restore the minor to his parents or guardians.

NOTE:
1. The refusal, however, must be deliberate and persistent to oblige the parents or the guardian to
seek the aid of the courts to obtain the custody of the minor.
2. If any of the elements is absent, the kidnapping of the minor will fall under Art. 267 (Kidnapping
and serious illegal detention).
3. If the accused is any of the parents, Article 267 does not apply; Articles 270 and 271 apply.
4. If the taking is with the consent of the parents, the crime in Article 270 is committed.
5. Where a minor child was taken by the accused without the knowledge and consent of his
parents, the crime is kidnapping and serious illegal detention under Article 267, not kidnapping
and failure to return a minor under Article 270.

ART 293 ROBBERY

It is the taking of personal property belonging to another with intent to gain, by means of violence
against, or intimidation of any person or using force upon anything.

Classification of Robbery
(1) Robbery with violence against, or intimidation of persons. (Arts. 294, 297, 298)
(2) Robbery by use of force upon things. (Arts. 299 & 302)

Elements of Robbery in General

(1) That there be personal property belonging to another;
(2) That there is unlawful taking of that property;
(3) That the taking must be with intent to gain; and
(4) That there is violence against or intimidation of any person or force upon things

NOTES:
1. “TAKING” Means depriving the offended party of possession of the thing taken with the
character of permanency. Taking of personal property need not be immediately after the
intimidation
2. Property taken must be personal property, for if real property is occupied or real right is
usurped by means of violence against or intimidation of person, the crime is usurpation
 3. The person from whom the personal property is taken need not be the owner. Possession of the
property is sufficient. A co-owner or a partner cannot commit robbery or theft with regard to
the co-ownership or partnership property.
4. As a general rule, the unlawful taking of personal property belonging to another involves intent
to gain on the part of the offender. Absence of intent to gain will make the taking of personal
property grave coercion if there is violence used. (Art. 286) Exists when it causes the fear or
fright of the victim.
5. It is not necessary that violence or intimidation is present from the beginning

ART. 294 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

Acts punished:
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
6. Simple robbery

ROBBERY WITH HOMICIDE

ELEMENTS
1. The taking of personal property with violence or intimidation against persons;
2. that the property taken belongs to another;
3. he taking was done with animo lucrandi; and
4. On the occasion of the robbery or by reason thereof, homicide was committed.

Note:
1. “Homicide” is used in its generic sense; it incudes parricide and murder. Hence, there is no
Robbery with Murder as the crime is still Robbery with Homicide.
2. Homicide may precede robbery or may occur after robbery. What is essential is that the
offender must have intent to take personal property before the killing. The original criminal
design of the offender must be to rob, and the killing was perpetrated with a view to the
consummation of Robbery.
3. Where the offender’s intention to take personal property of the victim arises as an afterthought,
where his original intent was to kill, he is guilty of two separate crimes of homicide or murder,
as the case may be, and theft.
4. There is robbery with homicide even if the person killed was a bystander and not the person
robbed or even if it was one of the offenders. The law does not require the victim of the robbery
be also the victim of homicide.
5. Robbery with homicide exists even if the death of the victim supervened by mere accident.

ROBBERY WITH RAPE

1. 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.
2. All the robbers may be held liable for robbery with rape even if not all of them committed the
crime of rape based on the concept of conspiracy.
3. This article also applies even if the victim of the rape committed by the accused was herself a
member of the gang of robbers.
 4. There is no crime of Robbery with Multiple Homicide or Robbery with Multiple Counts of Rape.
Although there is more than one instance of homicide/murder or rape, they shall be considered
as embraced under one special complex crime of either Robbery with Homicide or Robbery with
Rape.
5. Neither shall the additional rape/s or homicide/s be considered aggravating.
6. If the primary intent was to rape and the taking away of the belongings of the victim was only a
mere afterthought, two separate felonies are committed: Rape and Theft or Robbery (People v.
Naag)

ROBBERY WITH INTENTIONAL MUTILATION

1. Robbery and intentional mutilation must both be consummated to be classified as robbery with
intentional mutilation.
2. There must be intent to mutilate, for if mutilation merely resulted as a consequence of the
injury inflicted, the crime would be robbery with serious physical injuries.

ROBBERY WITH ARSON

1. In the case of robbery with arson, it is essential that the robbery precedes the arson.
2. There must be 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 an aggravating
circumstance of the crime actually committed.

1. To be considered as Robbery with Physical injuries, the injuries inflicted must be serious,
otherwise, they shall be absorbed in the robbery.
The person injured becomes deformed or loses any other member of his body or loses the use thereof
or becomes ill or incapacitated ROBBERY WITH SERIOUS PHYSICAL INJURIES
2. for the performance of the work in which he is habitually engaged for labor for more than 90
days or the person injured becomes ill or incapacitated for labor for more than 30 days.
3. However, if the less serious or slight physical injuries were committed, that would constitute a
separate offense.
4. When by reason or on occasion of robbery the physical injuries results to insanity, imbecility,
impotency, or blindness.
5. When by reason or on occasion of robbery, any of the physical injuries resulting in the loss of
the use of speech, or the power to hear or to smell.

SIMPLE ROBBERY
1. Involves slight or less serious physical injuries, which are absorbed in the crime of robbery as an
element thereof.
2. Violence or intimidation may enter at any time before the owner is finally deprived of his
property.
3. This is so because asportation is a complex fact, a whole divisible into parts, a series of acts, in
the course of which personal violence or intimidation may be injected.

ART. 295 ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A
BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD, OR ALLEY

Robbery with violence against or intimidation of persons under Par. 3, 4, 5 (serious physical injuries,
clearly unnecessary violence, OR simple robbery) of Article 294 is Qualified if committed –
1. In an uninhabited place; or
 2. By a band; or
3. By attacking a moving train, street car, motor vehicle, or airship; or
4. By entering the passengers’ compartments in a train, or in any manner taking the passengers by
surprise in the respective conveyances; or
5. On a street, road, highway, or alley, and the intimidation is made with the use of firearms, the
offender shall be punished by the maximum periods of the proper penalties prescribed in 294.

 Art. 295 speaks of aggravating circumstances applicable when physical injuries mentioned in
paragraphs 2, 3, and 4 were inflicted by reason or on occasion of robbery or where only
intimidation was used in the commission of Robbery.

 As special aggravating circumstances they must be alleged in the information otherwise, even if
proven, they can be offset by an ordinary mitigating circumstances having been reduced into the
class of generic aggravating circumstances. Conspiracy is presumed when robbery is by band.

ART. 296 DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF ROBBERY BY A
BAND, WHEN COMMITTED
 When at least four armed malefactors take part in the commission of a robbery, it is deemed
committed by a band.
 Even though only two of the malefactors were armed, it is deemed to be committed by a band.

PENALTY
When any of the firearms used in the commission of robbery is not licensed, the penalty upon all the
malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to
the criminal liability for illegal possession of such firearms.

REQUISITES FOR LIABILITY OF ACTS OF OTHER MEMBERS

1. Member of the band;
2. Present at the commission of robbery;
3. Other members committed an assault; and
4. He did not attempt to prevent the assault.

If the mentioned requisites are present, the member(s) shall be punished as principal of any of the
assaults committed by the band. There is no crime as “robbery with homicide in band”. Band is only
ordinary aggravating circumstance in robbery with homicide

ART. 297 ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES
ELEMENTS

(1) There is attempted or frustrated robbery

(2) A homicide is committed on the same occasion.
SPECIAL COMPLEX CRIME
1. When robbery is attempted or frustrated but homicide is attendant.
2. The penalty is the same whether robbery is attempted or frustrated.
3. The word “homicide” is used in its generic sense. It thus includes multiple homicides, murder,
parricide, or even infanticide.

ART. 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

ELEMENTS
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or deliver any public instrument or document;
and
3. That the compulsion is by means of violence or intimidation

 This is Robbery by the employment of violence or intimidation and the purpose is not to take
personal property but to compel a person to sign a document.
 It could be public instrument or private document since the Spanish text says “escritura publico
o documento” the word public describing only the word instrument. (See Reyes, RPC)
 There must be intent to defraud another by means or through the contents of the document so
that the instrument or document must not be a void document.
 Art. 298 applies to private or commercial document, but it shall not apply of the document is
void. When the offended party is under the obligation to sign, execute or deliver the document
under the law, the crime committed is grave coercion.

ART. 299 ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP

I. ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION A

Elements
1. The offender entered –
e. An inhabited house;
f. A public building or
g. An edifice devoted to religious worship
2. The entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof, floor, door or window;
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of public authority.
3. That once inside the building, the offender took personal property belonging to another with
intent to gain.

NOTE:
 The whole body of the culprit must be inside the building to constitute entering.
 Any of the four means described in subdivision A must be resorted to enter a house or building,
not to get out otherwise it is only theft.
 Uninhabited house means any shelter, ship or vessel constituting the dwelling of one or more
persons even though the inhabitants thereof are temporarily absent when the robbery was
committed.

II. ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION B

Elements
1. Offender is inside a dwelling house, public building or edifice devoted to religious worship,
regardless of the circumstances under which he entered;
2. The offender takes personal property belonging to another with intent to gain under any of the
following circumstances:
 a. By the breaking of doors, wardrobes, chests or any other kind of sealed furniture or
receptacle;
b. By taking such furniture or objects away to be broken or forced open outside the place of
the robbery;
c. If the locked or sealed receptacle is not forced open, crime is estafa or theft.

ART. 300 ROBBERY IN AN UNINHABITED PLACE AND BY A BAND

 If committed in an uninhabited place and by a band is punished by the maximum period of the
penalty involved, as distinguished from Qualified Robbery with Violence or Intimidation of
Persons (Article 295) which is committed in an uninhabited place or by a band.
 “UNINHABITED PLACE”- One where there are no houses at all, a place at a considerable
distance from the town, or where the houses are scattered at a great distance from each other.

ART. 301 WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING DEDICATED TO RELIGIOUS
WORSHIP AND THEIR DEPENDENCIES
1. “INHABITED HOUSE” Any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when the
robbery is committed.
2. “DEPENDANCIES OF AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP”
All interior courts, corrals, warehouses, granaries, barns, coach-houses, stables, or other
departments, or enclosed places –
a. contiguous to the building or edifice,
b. having an interior entrance connected therewith and
c. which form part of the whole, shall be deemed dependencies of an inhabited house, public
building, or building dedicated to religious worship.
Orchards and other lands used for cultivation or production are not included in the terms of
the next preceding paragraph, even if closed, contiguous to the building, and having direct
connection therewith.
3. "PUBLIC BUILDING" includes every building owned by the Government or belonging to a private
person but used or rented by the Government, although temporarily unoccupied by the same.

ART. 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING

ELEMENTS
1. Offender entered an uninhabited place or building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
2. That any of the following circumstances was present:
a. Entrance was effected through an opening not intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. Entrance was effected through the use of false keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. With intent to gain, the offender took therefrom personal property belonging to another.
4. “BUILDING” Includes any kind of structure used for storage or safekeeping of personal property,
such as (a) freight car and (b) warehouse.
5. “RECEPTACLE” A container which must be “closed” or “sealed.

ART. 303 ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR BUILDING

In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals,
fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said
articles.
CEREALS Seedlings which are the immediate product of the soil. The palay must be kept by the owner as
“seedling” or taken for that purpose by the robbers.

ART. 304 POSSESSION OF PUCKLOCKS OR SIMILAR TOOLS

ELEMENTS
1. That the offender has in his possession picklocks or similar tools;
2. That such picklocks or similar tools are specially adopted to the commission of robbery;
3. That the offender does not have lawful cause for such possession.

NOTE: Mere possession of such tools, without lawful cause, is punished. If the person who makes such
tools is a locksmith, the penalty is higher.

ART. 305 FALSE KEYS

INCLUSIONS
1. Tools not mentioned in the next preceding article;
2. Genuine keys stolen from the owner;
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender. When the servant opens his master’s room using a key voluntarily delivered to him by
the master and takes away

ART. 308 WHO ARE LIABLE FOR THEFT

ELEMENTS
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. hat the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.

PERSONS LIABLE
1. Those who, with intent to gain, without violence against or intimidation of persons nor force
upon things, take personal property, of another without the latter’s consent;
2. Any person who, having found lost property, shall fail to deliver the same to the local authorities
or to its owner; The following must be proven:
a. Time of the seizure of the thing;
b. It was a lost property belonging to another; and
c. That the accused having had the opportunity to return or deliver the lost property to its
owner or to the local authorities, refrained from doing so.
3. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or objects of the damage caused by him; and
4. Any person who shall enter an enclosed estate or a field where trespass is forbidden, or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or
shall gather fruits, cereals, or other forest or farm products.
Elements:
 a. That there is an enclosed estate or a field, where trespass is forbidden, or which
belongs to another;
b. Offender enters the same;
c. Offender hunts or fishes upon the same or gather fruits, cereals or other forest or
farm products in the estate or field; and
d. That the hunting or fishing or gathering of products is without the consent of the
owner.

“LOST PROPERTY” Embraces loss by stealing or by act of the owner or by a person other than the owner,
or through some casual occurrence.

To establish theft by failure to deliver or return lost property, the following must be proven:
1. Time of the seizure of the thing;
2. It was a lost property belonging to another; and
3. That the accused having had the opportunity to return or deliver the lost property to its owner
or to the local authorities, refrained from doing so.

NOTE:
1. No frustrated theft. The mere possession of the thing, or even afterwards the offender decided
to return it, it is already consummated.
2. The law does not require knowledge of the owner of the property

INTENT TO GAIN
Intent being a state of mind, intent to gain must be presumed from the actual taking of personal
property.

THEFT AND ROBBERY, DISTINGUISHED

What distinguishes THEFT from ROBBERY is that, in theft, the offender does not use violence or does not
enter a house or building through any of the means specified in Article 299 or Article 302 in taking
personal property of another with intent to gain.

THEFT AND ESTAFA, DISTINGUISHED

If possession was only material or physical, the crime is theft. If possession was juridical, the crime is
estafa.

CORPUS DELICTI
To be caught in the possession of the stolen property is not an element of the corpus delicti. Corpus
delicti means the body or substance of the crime, an in its primary sense, refers to the fact that the
crime has been actually committed.

In theft, corpus delicti has two elements:

1. that the property was lost by the owner, and
2. that it was lost by felonious taking

ART. 309 PENALTIES

The basis of the penalty in theft is:
1. The value of the thing stolen;
2. The value and nature of the property taken; or
 3. The circumstances that impelled the culprit to commit the crime If there is no evidence of the
value of the property stolen, the court should impose the minimum penalty corresponding to
theft involving the value of P5.00.
The court may also take judicial notice of its value in the proper cases.

RA 10951 AMENDED ART. 309

1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing
stolen is more than ₱1,200,000 but does not exceed ₱2,200,000; if the value of the thing stolen
exceeds the latter amount, the penalty shall be prisión mayor in its maximum period, and 1 year
for each additional ₱1,000,000, but the total of the penalty which may be imposed shall not
exceed 20 years. In such cases, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of the Code, the penalty shall be termed
prisión mayor or reclusion temporal, as the case may be.
2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing
stolen is more ₱600,000 but does not exceed ₱1,200,000.
3. The penalty of prisión correccional in its minimum and medium periods, if the value of the
property stolen is more than ₱20,000 but does not exceed ₱600,000.
4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of
the property stolen is over ₱5,000 but does not exceed ₱20,000.
5. Arresto mayor to its full extent, if such value is over ₱500 but does not exceed ₱5,000.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed ₱500.
7. Arresto menor or a fine not exceeding ₱20,000, if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the
thing stolen does not exceed ₱500. If such value exceeds said amount, the provisions of any of
the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding ₱5,000, when the value of the
thing stolen is not over ₱500, and the offender shall have acted under the impulse of hunger,
poverty, or the difficulty of earning a livelihood for the support of himself or his family. ART.

310 QUALIFIED THEFT

INSTANCES OF QUALIFIED THEFT
1. If theft is committed by a domestic servant;
2. If committed with grave abuse of confidence;
3. If the property stolen is a motor vehicle, mail matter, or large cattle;
4. If the property stolen consists of coconuts taken from the premises of plantation;
5. If the property stolen is fish taken from a fishpond or fishery;
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.

NOTE
1. If any of the mentioned instances are present, the crime of theft shall be punished by the
penalties next higher by two degrees than those specified in the next preceding article.
2. The abuse of confidence must be grave.
3. 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.
4. Theft by domestic servant is always qualified. There is no need to prove grave abuse of
confidence.
ART. 311 THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM
1. RA 10951 amended ART. 311 Theft of property of the National Museum and National Library
shall be punished by a penalty of arresto mayor or a fine ranging from ₱40,000 to ₱100,000, or
both, unless a higher penalty should be provided under other provisions of the Code.

NOTE:
1. Anti-Cattle Rustling Law of 1974 (PD 533 ) “Cattle Rustling” The taking away by any means,
method or scheme, without the consent of the owner/raiser, of any of the animals (classified as
large cattle) whether for profit or gain, or whether committed with or without violence against
or intimidation of any person or force upon things. It includes the killing of large cattle, or taking
its meat without the consent of the owner/raiser.
2. Anti-Fencing Law (PD 1612) “Fencing” The act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy
and sell, or in any other manner deal any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from the proceeds of the crime of
robbery or theft
3. Robbery, theft and fencing are separate and distinct offenses.
4. Presumption of Fencing: Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
5. Any person who fails to secure the required clearance/permit shall also be punished as a fence.

ART. 315. SWINDLING (ESTAFA)

ELEMENTS IN GENERAL
1. That the accused defrauded another by abuse of confidence, or by means of deceit;
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third persons

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

Elements of Art. 315, No. 1 A
(A) ALTERING SUBSTANCE, QUANTITY OR QUALITY OF OBJECT SUBJECT OF OBLIGATION TO DELIVER
1. That the offender has an onerous obligation to deliver something of value;
2. That he alters its substance, quantity or quality;
3. That damage or prejudice is caused to another.

NOTE: Deceit is not an essential element of estafa with abuse of confidence. Estafa may even arise even
if the thing delivered is not subject of lawful commerce, such as opium.

Elements of 315, No. 1 B

(B) MISAPPROPRIATION AND CONVERSION
1. That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of, or to return, the same;
2. That there be misappropriation or conversion of such money or property by the offender, or
denial on his part of such receipt;
 3. That such misappropriation or conversion or denial is to the prejudice of another; d. That
there is demand made by the offended party to the offender.

NOTE: Money, goods, or other personal property must be received by the offender under certain kinds
of transaction transferring juridical possession to him. Check is included in the word money.

3 WAYS OF COMMITTING ESTAFA WITH ABUSE OF CONFIDENCE UNDER ART. 315 NO. 1 PAR. B
1. Misappropriating the thing received.
2. Converting the thing received.
3. Denying that the thing was received.

There is no estafa through negligence.

ELEMENT OF 315, No. 1 C

(C) TAKING ADVANTAGE OF SIGNATURE IN BLANK
1. That the paper with the signature of the offended party be in blank;
2. That the offended party should have delivered it to the offender;
3. That above the signature of the offended party a document is written by the offender
without authority to do so;
4. That the document so written creates a liability of, or causes damage to the offended party
or any third person

II. ESTAFA BY MEANS OF DECEIT

ELEMENTS OF 315, NO. 2
1. That there must be false pretense, fraudulent act or fraudulent means;
2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to
or simultaneously with the commission of fraud;
3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his money or property because of it;
4. That as a result thereof, the offended party suffered damage. The acts must be fraudulent. Acts
must be founded on deceit, trick, or cheat, and such must be made prior to or simultaneously
with the commission of the fraud.

ELEMENTS OF 315, NO. 2 (A): USING OF FICTITIOUS NAME OR FALSE PRETENSES

1. By using a fictitious name;
2. By falsely pretending to possess power, influence, qualifications, property, credit, agency,
business or imaginary transactions;
3. By means of other similar deceits
4. The false statement or fraudulent representation of the accused must be made prior to, or, at
least simultaneously with the representation or the delivery of the thing by the complainant.

HOW TO COMMIT 315, NO. 2 (B): By altering the quality, fineness or weight of anything pertaining to
his business.

HOW TO COMMIT 315, NO. 2 (C): By pretending to have bribed any Government employee. Person
would ask money from another for the alleged purpose of bribing a government employee but just
pocketed the money.
ELEMENTS OF 315, NO. 2 (D): POSTDATING A CHECK OR ISSUING A BOUNCING CHECK
1. That the offender postdated a check, or issued a check in payment of an obligation;
2. That 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.

NOTE
1. Check must be genuine and not falsified.
2. The check must be postdated or for an obligation contracted at the time of the issuance and
delivery of the check and not for a pre-existing obligation.
3. Exceptions: (1) When postdated checks are issued and intended by the parties only as
promissory notes; or When the check is issued by a guarantor

BOUNCING CHECKS LAW (BP 22)

TWO OFFENSES PUNISHED:
A. Making or drawing and issuing a check knowing at the time of issue that he does not have
sufficient funds.
ELEMENTS
1. That a person draws a check;
2. That the check is made or drawn and issued to apply on account or for value;
3. That the person knows that at the time of issue he does not have sufficient funds in or credit
with the drawee bank for the payment of such check upon its presentment;
4. That the check is subsequently dishonored by the drawee bank for the insufficiency of funds
or would have been dishonored for the same reason had not the drawer, without any valid
reason ordered the bank to stop payment.

B. Failing to keep sufficient funds to cover check if presented within a period of 90 days from the
date appearing thereon.
ELEMENTS:
1. That a person has sufficient funds with the drawee bank when he makes or issues a check;
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount if
presented within a period of 90 days from the date appearing thereon;
3. That the check is dishonored.

NOTE
1. Prosecution under BP 22 shall be without prejudice to any liability for any violation in the RPC.
2. The fine under BP 22 is based on the amount of the check and is without regard to the amount
of damaged caused.

DIFFERENCE BETWEEN BP22 AND ESTAFA

BP 22 RPC ESTAFA
Endorsers are not liable. Endorsers who acted with deceit knowing
that the check is worthless will be
criminally liable.
Malum prohibitum. Malum in se
Issuance of check is for value or on it is the means to obtain the valuable
account consideration from the payee (debt is not
pre-existing).
 A crime against public interest
because it affects the entire banking
system
Deceit and damage are not elements
of the crime; the gravamen of the
offense is the issuance of the check.
The drawer is given 5 days after
receiving notice of dishonor within
which to pay or make arrangements
for payments
That there are no funds or there are
insufficient funds at the time of
issuance.
A crime against property
False pretenses or deceit and damage or
at least intent to cause damage are
essential and the false pretenses must be
prior to or simultaneous with the damage
caused
Given 3 days after receiving notice of
dishonor.
That there are no funds or no sufficient
funds at the time of issuance or at the
time of presentment if made within 90
days

Double jeopardy does not apply because estafa in RPC is a distinct crime from B.P. 22. Deceit and
damage are essential elements of RPC, which are not required in BP 22.

HOW TO COMMIT 315, NO. 2 (E):

1. By obtaining food, refreshment or accommodation at any establishment without paying
therefor, with intent to defraud the proprietor or manager thereof;
2. By obtaining credit at any establishments by the use of any false pretense;
3. By abandoning or surreptitiously removing any part of his baggage from any establishment after
obtaining credit, food, refreshment or accommodation therein, without paying

III. ESTAFA BY FRAUDULENT MEANS

Elements of 315, No. 3 (A): Inducing another through deceit to sign any document
1. That the offender induced the offended party to sign a document;
2. The deceit be employed to make him sign the document;
3. That the offended party personally signed the document;
4. That prejudice be caused.

How to commit 315, No. 3 (B): By resorting to some fraudulent practice to insure success in a gambling
game.

ELEMENTS of 315, No. 3 (C): removing, concealing or destroying any court record, office files, document
or any other papers
1. That there be court record, office files, documents or any other papers;
2. That the offender removed, concealed or destroyed any of it;
3. That the offender had intent to defraud another.

If there is no malicious intent to defraud, the destruction of court record is malicious mischief. If there is
neither deceit nor abuse of confidence, it is not estafa, even if there is damage. There is only civil liability

ART. 320 DESTRUCTIVE ARSON

ARSON When any person burns or sets fire to the property of another; or to his own property under
circumstances which expose to danger the life or property of another

KINDS OF ARSON
1. Simple Arson (Sec. 1, PD No. 1613)
2. Destructive Arson (Art. 320, as amended by RA No. 7659)
3. Other cases of arson (Sec. 3, PD No. 1613)

SIMPLE ARSON
Elements
A person Burns or sets fire to:
1. Property of Another; or
2. His Own property under circumstances which expose to danger the life or property of another

DESTRUCTIVE ARSON
Burning of:
1. 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.
2. 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:
a. whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire; or
b. Whether the building is actually inhabited
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to Transportation or
conveyance, or for public use, entertainment or leisure.
4. Any building, factory, Warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.
5. 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.

Additional Acts Considered as Destructive Arson:

1. When arson is perpetrated or committed 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.
2. Burning of:
a. Any Arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance,
storehouse, archives or general museum of the Government.
b. Inhabited place, storehouse or factory of inflammable or explosive materials.

OTHER CASES OF ARSON [PD 1613, Sec. 3]

Burning of any:
1. Building used as Offices of the government or any of its agencies;
2. Inhabited house or dwelling;
3. Industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
 4. Plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
5. Rice, sugar or cane Mill, or mill central; and
6. Railway or bus station, airport, wharf or warehouse

SPECIAL AGGRAVATING CIRCUMSTANCE

1. Offender is motivated by spite or Hatred towards the owner or occupant of the property
burned;
2. Committed with Intent to gain;
3. Committed for the Benefit of another; and
4. Committed by a Syndicate

HOW TO PROVE ARSON Establish:

1. The corpus delicti, that is, a fire because of criminal agency;
2. The identity of the defendant as the one responsible for the crime.

NOTE
1. Corpus delicti is satisfied by proof of the bare fact of the fire and of it having been intentionally
caused. Even the uncorroborated testimony of a single eyewitness, if credible, is enough to
prove the corpus delicti and to warrant conviction.
RA9165: COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION

OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS (SEC. 5)

PUNISHABLE ACTS
1. Selling Act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration (Sec. 3 [ii], RA 9165).
2. Trading Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat
rooms or acting as a broker in any of such transactions whether for money or any other
consideration in violation of this Act (Sec. 3 [jj], RA 9165).
3. Administering Act of introducing any dangerous drug into the body of any person, with or
without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing
any act of indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for purposes of medication.
(Sec. 3 [a], RA 9165).
4. Dispensing Act of giving away, selling or distributing medicine or any dangerous drug with or
without the use of prescription. (Sec. 3 [m], RA 9165).
5. Delivering Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration (Sec. 3 [k], RA 9165).
6. Giving away to another;
7. Distributing dispatch in transit or
8. Transporting any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.

ILLEGAL SALE OF DANGEROUS DRUGS (SEC. 5)

ELEMENTS
 1. the identity of the buyer and the seller, the object, and the consideration; and
2. the delivery of the thing sold and the payment (People v. Manansala)

ILLEGAL POSSESSION OF DANGEROUS DRUGS (SEC. 11)

ELEMENTS
1. the accused was in possession of an item or object identified as a prohibited drug;
2. such possession was not authorized by law; and
3. the accused freely and consciously possessed the said drug (People v. Manansala).

NOTE:
Possession of equipment, instrument, apparatus and other paraphernalia fit or intended for use shall be
prima facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of RA
9165. (Sec. 12, RA 9165)

ILLEGAL USE OF DANGEROUS DRUGS (SEC. 15)

USE : Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body,
any of the dangerous drugs (Sec. 3 [kk], RA 9165).

ELEMENTS
1. person is apprehended or arrested;
2. the said person was subjected to a drug test; and
3. the person tested positive for use of any dangerous drug after a confirmatory test (People v.
Sullano)

CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED AND/OR SURRENDERED DANGEROUS DRUGS

(SEC. 21, as amended)
DUTY OF PDEA: take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
1. The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment
shall,
a. (Rule on Inventory and Photography) Immediately after seizure and confiscation, conduct a
physical inventory of the seized items and photograph the same
b. (Rule on Witnesses) In the presence of the following persons who shall be required to sign
the copies of the inventory and be given a copy thereof
 accused or the person/s from whom such items were confiscated and/or seized, or;
his/her representative or counsel,
 with an elected public official; and
 a representative of the National Prosecution Service or the media
c. (Rule on Venue) Conduct a physical inventory and photograph at:
 the place where the search warrant is served; or
 at the nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures
d. Noncompliance of the requirements shall not render void and invalid such seizures and
custody over said items, as long as prosecution proves:
  there is a justifiable ground for non-compliance; and
 the integrity and evidentiary value of the seized items are properly preserved
2. Submission to the PDEA Forensic Laboratory for a qualitative and quantitative examination
within 24 hours upon confiscation or seizure of the dangerous drug and the instruments or
paraphernalia
3. Issuance of a certification of the forensic laboratory examination results, done under oath by the
forensic laboratory examiner, immediately after the receipt of the subject items (Sec. 21, RA
10640).
4. a. Conduct of an ocular inspection of the confiscated, seized and/or subject items after the filing
of the criminal case by the Court
b. Destruction or burning of the subject items of the PDEA within 24 hours, in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil society groups and
any elected public official
5. Issuance by the Board of a sworn certification of the fact of destruction or burning of the subject
items
6. After promulgation and judgment in the criminal case, the trial prosecutor shall inform the
Board of the final termination of the case and, request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within 24 hours
from receipt.

NOTE: (a) if prior to the amendment of RA 9165 by RA 10640 (June 7, 2002) - "a representative from the
media and the DOJ, and any elected public official"; (b) if after the amendment of RA 9165 by RA 10640,
- an elected public official and a representative of the National Prosecution Service or the media."

CHAIN OF CUSTODY
The (D-R-A-M-S) duly recorded authorized movements and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure/ confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for
destruction.

LINKS IN THE CHAIN OF CUSTODY

1. MARKING Placing by the arresting officer of his/her initials and signature on the items after
seizure. Marking is vital since the succeeding handlers will use the markings as reference.
2. Marking must be done:
a. In the presence of the apprehended violator, and
b. Immediately upon confiscation

NOTE: Marking in the nearest police station contemplates a case of warrantless searches and seizures.
(People vs. Gayoso)

Guidelines in order that the provisions of Sec. 21 of R.A. 9165 must be well-enforced and duly proven in
courts:
1. In the sworn statements/affidavits, the apprehending/seizing officers must state their
compliance with the requirements of Section 21 (1) of R.A. No. 9165, as amended, and its IRR.
2. In case of non-observance of the provision, the apprehending/seizing officers must state the
justification or explanation therefor as well as the steps they have taken in order to preserve the
integrity and evidentiary value of the seized/confiscated items.
3. If there is no justification or explanation expressly declared in the sworn statements or a davits,
the investigating fiscal must not immediately le the case before the court. Instead, he or she
must refer the case for further preliminary investigation in order to determine the (non)
existence of probable cause.
4. If the investigating fiscal filed the case despite such absence, the court may exercise its
discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss the
case outright for lack of probable cause in accordance with Section 5, Rule 112, Rules of Court.
(People vs. Romy Lim)