Criminal Law

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Ad maiorem Dei gloriam.

GRACE ANN Q. BAJO
TIMOTHY JACOB J. PALAFOX
20 21 C H AI R PE R S O N S
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
20 21 AD MI NI ST R A TI V E CO M MI T TE E HE A D S 20 21 A C AD E MI C C O M MI T TE E HE AD S
CARLOS ROSAURO N. MANALO

MA. CRISTINA ASUNCION
20 21 A C AD E MI C C O M MI T TE E U N D E R ST U D I E S
JUDGE OSCAR B. PIMENTEL

ATTY. AXEL M. CRUZ
ATTY. ALDRICH FITZ U. DY
ATTY. RONALD C. CHUA
20 21 C R I MI N AL L AW F AC U LT Y AD V I SE R S
ERIN CANDICE CANCEKO PATRICIA RAMOS

KATHLEEN KAE ENDOZO CHRISTINA FRANCES DYCHIOCO
DOROTHY SAPPHIRINE HADITH DULNOAN CATHERINE NICOLE MANUEL
20 21 C R I MI N AL L AW SU BJE C T HE AD S 20 21 C R I MI N AL L AW U ND E R STU D I E S
RACHEL LEIGH COLLADO ANGELICA OIDEM AIMIEL MARIAN REYES

MARC ANGELO GUIBONE CRISTOFFER NUNAG JONATHAN TORRES
PATRICIA JOY IGNACIO RAYMIELLE MAGCALAS JETHRO VERA CRUZ
CAMILLE BULATAO SAMANTHA ROSE MORALES ISABELLA SABIO
CARLO ALIVIA ANA SAMANTHA ISABELA PARUNGAO VERA DE VERA
20 21 C R I MI N AL L AW V OLU N TE E R S
JONATHAN DF. TORRES
GAEL PAULINE R. MORALES
RIA ALEXANDRA D. CASTILLO
NICOLE ANN C. PAGLICAWAN
JULIANNE BEATRICE N. ROSARIO
20 21 C R E ATI V E S
JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

SAMANTHA J. MAGAOAY KATHLEEN C. ROMINA
FREEDOM JUSTIN B. HERNANDEZ SERMAE ANGELA G. PASCUAL
20 21 TE C H NI CA L 2 02 1 FI N AN CE
AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

LUMINA ALINEA O. AQUINO MAEDEN M. BORCELANGO
ANNA MARIE GRACE M. ANTONIO IMI LIZA B. ESPINA
MARY STEPHANIE CABRERA CRUZ FRANCIS SABIN BELTRAN
CLARISSE MAE D. ZAPLAN ANTHONY JEFFERSON Y. JULIO
20 21 S PE CI AL P R OJ E C TS 20 21 LO GI STI C S
DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

ALISHA BEATRICE A. VERGARA GRACIELLA RACHEL D. ROBLES
PRISHA LEIGH D. CRUZ DANELLA DIANE D. DIMAPILIS
ALITHEA C. SORIANO REYNALDO M. REVECHE
AARON C. CHENG CZAREANA JOUSCH T. PARRA
20 21 M AR K E TI N G 20 21 PU BLI C R E L A TI ON S
JUSTIN LUIGI V. HERNANDEZ
20 2 0 C HAI R P E R SO N
YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

KATRINA ISABELLE G. PIMENTEL HAZEL VIANCA I. ORTEGA
GENICA GALE F. LAHOZ VINCE ZYRENCE T. BARLONGAY
20 2 0 AD MI NI S TR ATI V E CO M MI T TE E HE A D S 20 2 0 HO TE L C O M MI TTE E HE A D S
EUNICE A. MALAYO MEG V. BUENSALIDO

FRANCES CHRISTINE P. SAYSON MARIE KAYLA C. GALIT
20 2 0 A CAD E MI C CO M MI T TE E HE AD S 2 02 0 A CA D E M I C CO M MIT T E E U N D E R S T U DI E S
JUDGE OSCAR B. PIMENTEL

JUDGE JOHN BOOMSRI S. RODOLFO
ATTY. JAIME G. HOFILEÑA
ATTY. ALDRICH FITZ U. DY
ATTY. RONALD C. CHUA
20 2 0 CR I MI NA L L A W F A CU L TY A D V I S E R S
TRISHA FEJJ MAE EGUIA ERIN CANDICE CANCEKO

PATRICK ANTHONY CALDO KATHLEEN KAE ENDOZO
PATRICIA LORENZA GUTIERREZ DOROTHY SAPPHIRINE HADITH DULNOAN
20 2 0 CR I MI NA L L A W SU BJE CT HE AD S 20 2 0 CR I MI NA L L A W U ND E R S TU D I E S
JANEL NATHALIE CO CHRISTINE ANGELIQUE DESCALLAR DALZEL JOB ERAP

WILFREDO REYES JR. GRACELLE TREASURE SAMSON CEDRIC SEVERINO
JON ERICSON LEDESMA JENWIN ELLA BACCAY REYMARK SIMBULAN
HAROLD BRYANT PASION JOSHUA ANDREW KYLE SEE
20 2 0 CR I MI NA L L A W V OLU NTE E R S
ATENEO CENTRAL
BAR OPERATIONS 2020/21 CRIMINAL LAW
TABLE OF CONTENTS
I. PRINCIPLES OF CRIMINAL LAW............................................................................................................... 1
A. GENERAL PRINCIPLES ........................................................................................................................ 1

I. MALA IN SE AND MALA PROHIBITA ...................................................................................................... 2
II. SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW................................ 3
III. PRO-REO PRINCIPLE .............................................................................................................................. 5
IV. INTERPRETATION OF PENAL LAWS ....................................................................................................... 5
V. RETROACTIVE EFFECT OF PENAL LAWS ................................................................................................ 5
B. FELONIES .......................................................................................................................................... 5
I. CRIMINAL LIABILITIES ........................................................................................................................... 5
II. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY............................................................................. 20
III. PERSONS LIABLE AND DEGREE OF PARTICIPATION ............................................................................ 58
IV. PENALTIES ........................................................................................................................................... 72
V. EXECUTION AND SERVICE ................................................................................................................... 81
VI. EXTINCTION OF CRIMINAL LIABILITY .................................................................................................. 82
VII. CIVIL LIABILITIES IN CRIMINAL CASES ................................................................................................. 85
II. CRIMES UNDER THE REVISED PENAL CODE .......................................................................................... 88
A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS ................................................ 88

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ............................................................. 98
C. CRIMES AGAINST PUBLIC ORDER ................................................................................................... 107
D. CRIMES AGAINST PUBLIC INTEREST ............................................................................................... 126
E. CRIMES AGAINST PUBLIC MORALS ................................................................................................. 140
F. CRIMES COMMITTED BY PUBLIC OFFICERS ..................................................................................... 143
G. CRIMES AGAINST PERSONS ........................................................................................................... 161
H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ..................................................................... 178
I. CRIMES AGAINST PROPERTY .......................................................................................................... 191
J. CRIMES AGAINST CHASTITY ........................................................................................................... 217
K. CRIMES AGAINST CIVIL STATUS OF PERSONS ................................................................................. 226
L. CRIMES AGAINST HONOR .............................................................................................................. 230
M. QUASI-OFFENSES ......................................................................................................................... 238
III. SPECIAL PENAL LAWS ...................................................................................................................... 242
A. NEW ANTI-CARNAPPING ACT OF 2016 ........................................................................................... 242

I. ELEMENTS ......................................................................................................................................... 242
II. PUNISHABLE ACTS ............................................................................................................................ 242
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III. AGGRAVATING CIRCUMSTANCES RESULTING TO DENIAL OF BAIL .................................................. 243

IV. OTHER RELEVANT RULES .................................................................................................................. 243
B. ANTI-ELECTRICITY AND ELECTRIC TRANSMISSION LINES/MATERIALS PILFERAGE ACT OF 1994 (RA 7832)
244
I. PUNISHABLE ACTS ............................................................................................................................ 244
II. PRIMA FACIE EVIDENCE OF PUNISHABLE ACTS ................................................................................ 245
III. DISCONNECTION OF ELECTRIC SERVICE ........................................................................................... 246
IV. PENALTIES ......................................................................................................................................... 247
C. FISHERIES CODE (RA 8550, AS AMENDED BY RA 10654) .................................................................. 248
D. ANTI-FENCING LAW OF 1979 ......................................................................................................... 253
I. DEFINITION OF TERMS...................................................................................................................... 253
II. ELEMENTS ......................................................................................................................................... 253
III. PENALTIES ......................................................................................................................................... 253
IV. LIABILITY OF OFFICIALS OF JURIDICAL PERSONS .............................................................................. 253
V. PRESUMPTION OF FENCING; EXCEPTION ......................................................................................... 253
VI. OTHER RELEVANT RULES .................................................................................................................. 254
E. BOUNCING CHECKS LAW (BP 22).................................................................................................... 255
II. EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS ...................................................................... 255
III. DUTY OF DRAWEE............................................................................................................................. 255
IV. DEFENSES AGAINST BP 22 ................................................................................................................ 256
V. ESTAFA UNDER BP 22 VS. ESTAFA UNDER RPC................................................................................. 256
F. SWINDLING BY SYNDICATE (PD 1689) ............................................................................................ 258
I. ELEMENTS ......................................................................................................................................... 258
II. OTHER RELEVANT RULES .................................................................................................................. 258
G. MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 (RA 8042 AS AMENDED BY RA 10022) 259
II. ACTS INCLUDED IN ILLEGAL RECRUITMENT...................................................................................... 260
III. PROHIBITED ACTS ............................................................................................................................. 260
IV. PENALTIES ......................................................................................................................................... 261
V. PRESCRIPTION................................................................................................................................... 261
H. ANTI-ILLEGAL NUMBERS GAMES LAW (PD 1602, AS AMENDED BY RA 9287) ................................... 262
II. PERSONS LIABLE ............................................................................................................................... 262
III. POSSESSION OF GAMBLING PARAPHERNALIA AS PRIMA FACIE EVIDENCE ..................................... 263
IV. INFORMER’S REWARD ...................................................................................................................... 263
V. OTHER RELEVANT RULES .................................................................................................................. 263
I. COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) ............................... 265
III. OTHER RELEVANT RULES .................................................................................................................. 268
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J. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) ................................................... 269

II. PROHIBITION ON HAZING ................................................................................................................. 270
III. REGULATION OF SCHOOL-BASED INITIATION RITES ......................................................................... 270
IV. PERSONS LIABLE ............................................................................................................................... 271
K. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165, AS AMENDED BY RA 10640) ............ 272
III. CHAIN OF CUSTODY .......................................................................................................................... 275
IV. PLEA BARGAINING ............................................................................................................................ 276
L. CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES (RA 6713) .. 278
II. NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES ....................................................... 278
III. DUTIES OF PUBLIC OFFICIALS AND EMPLOYEES ............................................................................... 278
IV. PROHIBITED ACTS ............................................................................................................................. 279
V. STATEMENTS AND DISCLOSURE ....................................................................................................... 280
VI. DIVESTMENT ..................................................................................................................................... 281
VII. OTHER RELEVANT RULES .................................................................................................................. 281
M. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED BY RA 3047, PD 677, PD 1288, BP
195 AND RA 10910) .............................................................................................................................. 283
III. PROHIBITIONS ON INDIVIDUALS....................................................................................................... 286
IV. STATEMENT OF ASSETS AND LIABILITIES .......................................................................................... 286
V. DISMISSAL DUE TO UNEXPLAINED WEALTH ..................................................................................... 287
N. ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) .............................................................. 288
II. ELEMENTS ......................................................................................................................................... 289
III. PRESCRIPTION................................................................................................................................... 289
O. ANTI-MONEY LAUNDERING ACT OF 2001 (RA 9160, AS AMENDED BY RA 9194, RA 10167, RA 10365
AND RA 10927) .................................................................................................................................... 290
II. MONEY LAUNDERING OFFENSE........................................................................................................ 293
III. JURISDICTION; PROSECUTION .......................................................................................................... 293
IV. ISSUANCE OF A FREEZE ORDER......................................................................................................... 293
P. OBSTRUCTION OF JUSTICE LAW (PD 1829) ..................................................................................... 294
II. OBSTRUCTION OF JUSTICE VS. ACCESSORY TO A CRIME .................................................................. 295
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Q. ANTI-TORTURE ACT OF 2009 (RA 9745) ......................................................................................... 297

I. ELEMENTS ......................................................................................................................................... 297
II. ACTS OF TORTURE ............................................................................................................................ 297
III. PERSONS LIABLE ............................................................................................................................... 298
IV. PROHIBITED DETENTION .................................................................................................................. 299
V. APPLICABILITY OF EXCLUSIONARY RULE; EXCEPTION ...................................................................... 299
VI. APPLICABILITY OF REFOULER ............................................................................................................ 299
VII. OTHER RELEVANT RULES .................................................................................................................. 300
R. HUMAN SECURITY ACT OF 2007 (RA 9372) ..................................................................................... 300
I. ELEMENTS ......................................................................................................................................... 300
II. OTHER PUNISHABLE ACTS ................................................................................................................ 300
III. CONSPIRACY TO COMMIT TERRORISM ............................................................................................ 301
IV. ACCOMPLICE AND ACCESSORY ......................................................................................................... 301
S. TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF 2012 (RA 10168) ......................... 302
II. FINANCING OF TERRORISM .............................................................................................................. 303
III. EXTRATERRITORIAL APPLICATION .................................................................................................... 303
IV. EXTRADITION .................................................................................................................................... 304
T. ANTI-WIRE TAPPING ACT (RA 4200) ............................................................................................... 304
I. PROHIBITED ACTS ............................................................................................................................. 304
II. ALLOWABLE WIRE TAPPING ............................................................................................................. 304
III. INADMISSIBILITY ............................................................................................................................... 305
U. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) ...................................................................... 307
III. JURISDICTION.................................................................................................................................... 309
V. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) ...................................................................... 311
II. PROHIBITED ACTS ............................................................................................................................. 311
III. SYNDICATED CHILD PORNOGRAPHY................................................................................................. 312
IV. DISPUTABLE PRESUMPTION OF KNOWLEDGE.................................................................................. 312
W. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) ...................................................... 314
II. PROHIBITED ACTS ............................................................................................................................. 314
X. ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) ...................................................................... 315
I. PERSONS LIABLE ............................................................................................................................... 315
Y. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED BY RA 10364) ....................... 317
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III. ATTEMPTED TRAFFICKING ................................................................................................................ 319

IV. LIABILITY OF ACCOMPLICES; ACCESSORIES ...................................................................................... 319
V. ACTS THAT PROMOTE TRAFFICKING ................................................................................................ 320
VI. QUALIFIED TRAFFICKING .................................................................................................................. 321
VII. INITIATION AND PROSECUTION OF CASES ....................................................................................... 321
VIII. PRESCRIPTIVE PERIOD....................................................................................................................... 321
IX. OTHER RELEVANT RULES .................................................................................................................. 322
Z. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) ........................... 324
III. BATTERED WOMAN SYNDROME ...................................................................................................... 326
AA. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA
7610, AS AMENDED BY RA 7658 AND RA 9231) ..................................................................................... 329
BB. SAFE SPACES ACT (RA 11313) ...................................................................................................... 336
II. GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT............................................ 337
III. GENDER-BASED ONLINE SEXUAL HARASSMENT .............................................................................. 337
IV. QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL HARASSMENT ........... 338
V. GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE........................................................... 338
VI. GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS .............. 338
CC. DATA PRIVACY ACT (RA 10173).................................................................................................... 339
II. SCOPE................................................................................................................................................ 340
III. EXTRATERRITORIAL APPLICATION .................................................................................................... 341
IV. PUNISHABLE ACTS ............................................................................................................................ 341
V. EXTENT OF LIABILITY ......................................................................................................................... 342
DD. INDETERMINATE SENTENCE LAW (ACT 4103, AS AMENDED BY ACT NO. 4225 AND RA 4225) ......... 343
I. CONCEPT ........................................................................................................................................... 343
II. WHO ARE DISQUALIFIED................................................................................................................... 343
III. RELEASE OF PRISONER ON PAROLE .................................................................................................. 344
IV. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE
344
EE. PROBATION LAW (PD 968 AS AMENDED BY PD 1257, BP 76, PD 1990 AND RA 10707) .................... 346
II. WHEN APPLIED FOR .......................................................................................................................... 346
III. GRANT/DENIAL OF PROBATION; CONDITIONS ................................................................................. 346
IV. DISQUALIFIED OFFENDERS ............................................................................................................... 347
V. PERIOD OF PROBATION .................................................................................................................... 347
VI. ARREST OF PROBATIONER ................................................................................................................ 347
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VII. TERMINATION OF PROBATION ......................................................................................................... 348

FF. JUVENILE JUSTICE AND WELFARE ACT (RA 9344, AS AMENDED BY RA 10630) ................................ 348
II. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW ........................................................................ 350
III. MINIMUM AGE OF CRIMINAL RESPONSIBILITY ................................................................................ 350
IV. PROHIBITED ACTS ............................................................................................................................. 352
V. DIVERSION AND INTERVENTION....................................................................................................... 352
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PRINCIPLES OF
CRIMINAL LAW
Criminal Law
ATENEO CENTRAL
A. GENERAL PRINCIPLES
I. PRINCIPLES OF CRIMINAL LAW Criminal Law
CRIMINAL LAW is that branch of municipal law
TOPIC OUTLINE UNDER THE SYLLABUS: which defines crimes, treats of their nature, and
provides for their punishment.
I. PRINCIPLES OF CRIMINAL LAW
A. GENERAL PRINCIPLES Other Terms
I. Mala in se and mala prohibita a. CRIME - the commission or omission by a
II. Scope and characteristics person having capacity, of any act, which is
III. Pro reo principle either prohibited or compelled by law and the
IV. Interpretation of penal laws commission or omission of which is
V. Retroactive effect of penal laws punishable by a proceeding brought in the
name of the government whose law has been
B. FELONIES violated.
I. Criminal liabilities b. FELONY - a crime punished under the RPC
II. Circumstances affecting criminal liability c. OFFENSE - a crime punished under a special
III. Persons liable and degree of penal law
participation
IV. Penalties Sources of Philippine Criminal Law
V. Execution and Service a. Revised Penal Code;
VI. Extinction of Criminal Liability b. Special Penal Laws; and
VII. Civil Liability in Criminal Cases c. Penal Presidential Decrees issued during
Martial Law
Theories in Criminal Law

1. Classical or Juristic Theory - The basis of
criminal liability is human free will. The
purpose of the penalty is retribution in view of
the voluntariness of the act or omission of the
offender. The emphasis is on the offense and
not on the offender.
2. Positivist of Realist Theory – Man is
inherently good but the offender is socially
sick. The basis is the sum of social and
economic phenomena which condition man
to do wrong in spite of or contrary to his
volition. The purpose of the penalty is
reformation and the emphasis is on the
offense and not on the offender.
Legal Maxims
a. Nullum crimen nulle poena sine lege -
There is no crime when there is no law that
defines and punishes it.
b. Actus no facit reum, nisi mens sit rea -
The act cannot be criminal unless the mind
is criminal.
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c. Actus me invite factus non est meus I. Mala in se and Mala Prohibita
actus – An act done by me against my will is
MALA IN SE MALA PROHIBITA
not my act.
Wrongful from their Wrongful merely
nature; because prohibited
Constitutional Limitations on the Power of
by state;
Congress to Enact Penal Laws in the Bill of
Rights So serious in their Violations of mere
1. Equal Protection; effects on society; rules of convenience;
2. Due Process; Intent governs; Criminal intent is not
3. Non-imposition of cruel and unusual necessary where the
punishment or excessive fines; acts are prohibited for
4. No Bill Of Attainder shall be enacted; reasons of public
A bill of attainder is a legislative act which inflicts policy;
punishment without trial. Its essence is the Good faith is a valid Good faith is not a
substitution of a legislative act for a judicial defense, unless the crime defense;
determination of guilt. (People v. Ferrer, G.R. is the result of culpa;
No. L-32613-14, 1972). The degree of The act gives rise to a
5. No ex post facto law shall be enacted; accomplishment of the crime only when
crime is taken into consummated;
An ex post facto law is one which: (MACARD) account in punishing the
1. Makes criminal an act done before the offender;
passage of the law and which was innocent Mitigating and Mitigating and
when done, and punishes such an act; aggravating aggravating
2. Aggravates a crime, or makes it greater than circumstances are taken circumstances are
it was, when committed into account; generally not taken
3. Changes the punishment and inflicts a into account;
greater punishment than the law annexed to Penalty is determined on Penalty on the
the crime when committed; the basis of the degree of offenders are the
4. Alters the legal rules of evidence, and participation of the same;
authorized conviction upon less or different offender;
testimony than the law required at the time of There are 3 stages of There are no stages of
the commission of the offense; execution: attempted, execution; and
5. Assumes to Regulate civil rights and frustrated, consummated;
remedies only, in effect imposes penalty or and
deprivation of a right for something which Penalties may be divided There is no division of
when done was lawful; and into degrees and periods. penalties.
6. Deprives a person accused of a crime some
lawful protection to which he has become Illustration: If a high-ranking public officer in
entitled (e.g. protection of a former conviction DAR-ARMM refuses to remit accounts to the
or acquittal, proclamation of amnesty); and Pag-IBIG Funds and GSIS despite the notice
7. Waiver of the rights of the accused. from GSIS to do so, he is guilty of violating RA
No. 8291 (the GSIS Act of 1997) and the IRR of
RA No. 7742 (the Pag-IBIG Law). He cannot
claim that since the funds were released to the
Regional Director of ARMM and not to DAR-
ARMM, his role is merely procedural and
ministerial. Both laws provide that the refusal of
the heads of the offices of the national
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government who are involved in the collection of Unless the person is a citizen or inhabitant
premiums, accounts due to the GSIS/collection of the Philippines and the writ or process
and remittance of employee savings to pay or issued against him is founded upon a debt
remit the accounts would make them liable. The contracted before he entered upon such
non-remittance of GSIS and Pag-IBIG Fund service or the domestic servant is not
premiums is malum prohibitum. What the relevant registered with the Department of Foreign
laws punish is the failure, refusal, or delay without Affairs;
lawful or justifiable cause in remitting or paying
the required contributions or accounts. (Matalam c. Principles of Public International Law
v. People, G.R. Nos. 221849-50, J. LEONEN, Sovereigns or head of states, ambassadors,
April 4, 2016.) ministers plenipotentiary and ministers-
resident, charges d’affairs and attaches are
If a person is charged with child abuse in violation not subject to the operation of our criminal
of §10(a) of RA 7610 for physically abusing a child laws;
placed under his or her care, intent to debase,
degrade or demean the minor is not essential to Consuls, vice-consuls and other commercial
establish guilt. It must be stressed that crimes representatives of a foreign nation cannot
punished by RA 7610 are mala prohibita. (Lucido claim the privileges and immunities
v People, G.R. No. 217764, J. LEONEN, August accorded to ambassadors and ministers.
7, 2017)
b. Territoriality
II. SCOPE OF APPLICATION AND
CHARACTERISTICS OF PHILIPPINE The law is applicable to all crimes committed
CRIMINAL LAW within the limits of the Philippine territory, which
includes its atmosphere, interior waters and
a. Generality
maritime zone.
The law is binding upon all persons who reside
or sojourn in the Philippines, irrespective of age, Exceptions: Article 2, RPC. (SCION)
sex, color, creed, or personal circumstances. a. Should commit an offense while on a
Philippine Ship or airship;
Exceptions (S-PA-IL) TWO (2) REQUISITES:
a. Treaty Stipulations (Ex. RP-US Visiting a. The Philippine ship or airship must be
Forces Accord); duly registered under the Philippine
b. Laws on Preferential Application – there are laws; and
some special laws that carve exceptions. b. The ship or airship must not be within
This must be applied in particular instances; the territorial jurisdiction of another
country, otherwise the laws of that
Example: R.A. 75 - Under R.A. 75, persons country will apply as a rule;
who are exempt from arrest and imprisonment
and whose properties are exempt from Foreign Merchant Vessel
distraint, seizure and attachment are the Note: The Philippines observes the English Rule
following:
French Rule v. English Rule
(AMS) FRENCH RULE ENGLISH RULE
1. Ambassadors; GENERAL RULE
2. Public Ministers; and Crimes committed Crimes committed
3. Domestic Servants of ambassadors and aboard a foreign aboard a foreign vessel
public ministers;
vessel within the within territorial waters
territorial waters of a of a country are triable
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country are NOT in the courts of such Example of crimes included:

triable in courts of country. i. Direct/indirect/qualified bribery;
such country. ii. Corruption;
EXCEPTION iii. Frauds against the public treasury;
Crime affects the When the crime merely iv. Possession of prohibited interest;
peace and security of affects things within the v. Malversation of public funds or property
the territory, or vessel or refers to the
endangers the safety internal management e. Should commit any of the crimes against
of the state. thereof. National security and the law of nations:
treason, conspiracy and proposal to commit
Foreign Warships - The nationality of such treason, misprision of treason, espionage,
warship determines the applicable penal laws to inciting to war or giving motives for reprisals,
crimes committed therein; considered to be an violation of neutrality, correspondence with
extension of the territory of the country to which they hostile country, flight to enemy’s country,
belong; piracy in general and mutiny in the high seas,
qualified piracy.
b. Should forge or Counterfeit any coin or currency
Note of the Philippine Islands or obligations and Rational for exception (e): To safeguard the
securities issued by the Government of the existence of the state.
Philippine Islands;
c. Should be liable for acts connected with the However, when the rebellion, coup d’état and
Introduction into these islands of the obligations sedition are committed abroad, the Philippine
and securities mentioned in the presiding courts will not have jurisdiction because these
number; are crimes against public order.
Rationale for exceptions (b) and (c): To Exception to the Exception

maintain and preserve the financial credit stability Penal laws are not applicable within or without
of the state; Philippine territory if so provided in treaties and
laws of preferential application.
Note: Those who introduced the counterfeit items
c. Prospectivity
are criminally liable even if they were not the ones
who counterfeited the said items. And those who The rule of non-retroactivity applies.
counterfeited the said items are criminally liable
even if they did not introduce the counterfeit items Exceptions
into the Philippines; If favorable to the offender, the law will have a
retroactive effect.
d. While being public Officers or employees, should
commit an offense in the exercise of their functions; Exceptions to the Exception:
Offense committed by a public officer abroad 1. The offender is a habitual delinquent; and
must refer to the discharge of one’s functions; 2. The law otherwise provides.
A crime committed within the grounds of a Effects of Repeal/Amendment of Penal Laws

Philippine embassy on foreign soil shall be subject a. If the repeal makes the penalty lighter in the
to Philippine penal laws, although it may or may new law, the new law shall be applied;
not have been committed by a public officer in b. If the new law imposes a heavier penalty, the
relation to one’s official duties. Embassy grounds law in force at the time of the commission
are considered as extensions of the sovereignty of of the offense shall be applied;
the country occupying them;
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c. If the new law totally repeals the existing law B. FELONIES

so that the act which was penalized under the
I. CRIMINAL LIABILITIES
old law is no longer punishable or fails to
penalize the offense under the old law, the FELONIES are acts and omissions punishable
crime is obliterated and the accused cannot by the Revised Penal Code.
be convicted under the new law;
d. If repeal is by reenactment, even without 3 Elements of Felonies: (AO-P-DC)
saving clause, or a repeal by implication, it 1. There must be an Act; or Omission
would not destroy criminal liability; and
e. A person erroneously accused and convicted ACT means any bodily movement tending to
under a repealed statute may be punished produce some effect in the external world; the
under the repealing statute, provided possibility of its production is sufficient. It must
accused had an opportunity to defend himself be at least an overt act of that felony, that is, an
against the charge. external act which has direct connection with
the felony intended to be committed;
III. PRO-REO PRINCIPLE
Pro-reo Doctrine OMISSION means inaction, the failure to
In dubio pro reo literally means “when in doubt, perform a positive duty which one is bound to
for the accused.” (People v. Ong, G.R. No. do. There must be a law requiring the doing or
175940, 2008) performance of an act;
Whenever a penal law is to be construed or 2. The act or omission must be Punishable by

applied and the law admits of two interpretations the RPC; and
– one lenient to the offender and one strict to the 3. The act is performed or the omission incurred
offender – that interpretation which is lenient or by means of Dolo or Culpa.
favorable to the offender will be adopted.
A criminal act is presumed voluntary. In the
IV. INTERPRETATION OF PENAL LAWS
absence of indubitable explanation, the act
Rules on Construction of Penal Laws must be declared voluntary and punishable.
a. Liberally construed in favor of offender;
b. In cases of conflict with official translation, Voluntariness (to incur criminal liability)
original Spanish text is controlling; and requires:
c. No interpretation by analogy. 1. Intelligence;
V. RETROACTIVE EFFECT OF PENAL 2. Freedom of action; and
LAWS 3. Intent to act;
When Penal Laws may be Given Retroactive Compare Dolo (deceit) v. Culpa (fault)
Effect DOLO CULPA
1. When favorable to the accused; and Involves malice or Results from
2. When the law decriminalizes an act. deliberate intent; and negligence,
imprudence, lack of
———— end of topic ———— foresight or lack of
skill; and
Intentional. Intent is replaced by
fault.
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a. Classification of Felonies Mistake of Fact

Ignorance or mistake of fact relieves the accused
a. INTENTIONAL FELONIES from criminal liability. Mistake of fact is a
In intentional felonies, the act or omission of the misapprehension of fact on the part of the person
offender is malicious. The act is performed with who caused injury to another. He is not criminally
deliberate intent. The offender, in performing the act liable, because he did not act with criminal intent.
or in incurring the omission, has the intention to
cause an injury to another. Requisites: (LIW)
a. The act done would have been Lawful had the
Requisites: (F-I-I) facts been as the accused believed them to be;
a. Freedom; b. The Intention of the accused in performing the
A person who acts under the compulsion of an act should be lawful; and
irresistible force, and an uncontrollable fear of an c. The mistake must be Without fault or
equal or greater injury is exempt from criminal carelessness on the part of the accused.
liability;
b. Intelligence b. CULPABLE FELONIES
It is the moral capacity to determine what is right In culpable felonies, the act or omission of the
from what is wrong and to realize the consequences offender is not malicious. The injury caused by the
of one’s acts; offender to another person is “unintentional, it being
Factors that negate intelligence: minority, simply the incident of another act performed without
insanity, imbecility; malice.”
c. Intent
Intent is a mental state, the existence of which is Requisites: (F-I-I)
shown by the overt acts of a person. If there is no a. Freedom;
intent, there is no felony committed by dolo, but a b. Intelligence; and
felony may still exist if culpa is present. c. Imprudence, negligence, or lack of foresight
or lack of skill.
Compare Intent v. Motive
INTENT MOTIVE Imprudence indicates a deficiency of action. It
The purpose to use a The reason which usually involves lack of skill.
particular means to impels one to commit
effect such a result; an act for a definite Example: a person fails to take the necessary
result; precaution to avoid injury to person or damage to
An element of a Not an element of a property.
crime. crime.
Negligence indicates a deficiency of perception.
Motive, When Relevant It usually involves lack of foresight.
1. The identity of a person accused of having
committed a crime is in dispute; Example: a person fails to pay proper attention
2. In ascertaining the truth between antagonistic and to use diligence in foreseeing the injury or
theories or versions of the killing; damage impending to be caused.
3. The identification of the accused proceeds
from unreliable source and testimony is c. THOSE PUNISHED BY SPECIAL LAWS
inconclusive and not free from doubt The third class of crimes, are those defined and
4. There are no eyewitnesses to the crime, and penalized by special laws, which include crimes
where suspicion is likely to fall upon a number punished by municipal or city ordinances. When
of persons; and the crime is punished by a special law, intent to
5. The evidence is merely circumstantial. commit the crime is not necessary. It is sufficient
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that the offender has the intent to perpetrate the disqualification, perpetual or temporary special
act prohibited by the special law. disqualification and prision mayor.
Classification of Felonies According to Gravity LESS GRAVE FELONIES

Art. 7. When light felonies are punishable. — Punishable by prision correccional, arresto
Light felonies are punishable when they have mayor, suspension and destierro.
been consummated, with the exception of
those committed against persons or property. OFFENSES NOT INCLUDED IN THE CODE’S
CLASSIFICATION OF FELONIES
LIGHT FELONIES are those infractions of law for
the commission of which the penalty of arresto Art. 10. Offenses not subject to the provisions
menor or a fine not exceeding 40,000 pesos or of this Code. — Offenses which are or in the
both, is provided. future may be punishable under special laws
are not subject to the provisions of this Code.
Light felonies are punishable only when they This Code shall be supplementary to such
have been consummated. They produce such laws, unless the latter should specially
light, such insignificant moral and material injuries provide the contrary.
that public conscience is satisfied with providing
a light penalty for their consummation. Main Idea: The provisions of the RPC are
supplementary to special laws.
Exception: Light felonies committed against
persons or property, are punishable even if Exceptions:
attempted or frustrated. a. Where the special penal law provides
otherwise; and
Rationale: The commission of felonies against b. When the provisions of the RPC are
persons or property presupposes in the offender impossible to apply, either by express
moral depravity. provision or by necessary implication.
Art. 9. Grave felonies, less grave felonies, and Example: When the special law adopts the
light felonies. — Grave felonies are those to nomenclature of the penalties imposed in the
which the law attaches the capital punishment RPC, the provisions of the RPC on imposition of
or penalties which in any of their periods are penalties based on stages of execution, degree
afflictive, in accordance with Article 25 of the of participation and attendance of mitigating and
Code. aggravating circumstance may be applied by
necessary implication.
Less grave felonies are those which the law
punishes with penalties which in their Note: This instance is only an example and does
maximum period are correctional, in not cover all instances of the RPC’s suppletory
accordance with the above-mentioned article. application to special penal laws.
Light felonies are those infraction of law for The provisions of the Code on the graduation of
the commission of which the penalty of penalties by degrees could not be given
arresto menor or a fine not exceeding Forty supplementary application to special laws, when
thousand pesos (P40,000), or both, is the penalties in the latter are not components of
provided. or contemplated in the scale of penalties provided
by Article 71 of the former. The suppletory effect
GRAVE FELONIES of the RPC to special laws, as provided in Article
Punishable by reclusion perpetua, reclusion 10, cannot be invoked where there is a legal or
temporal, perpetual or temporary absolute physical impossibility of, or a prohibition in the
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special law against such supplementary b. THE WRONG DONE TO THE AGGRIEVED
application. The situation is different where PARTY BE THE DIRECT, NATURAL AND
although the offense is defined in and ostensibly LOGICAL CONSEQUENCE OF THE
punished under a special law, the penalty therefor FELONY COMMITTED BY THE OFFENDER;
is actually taken from the Code in its technical
nomenclature. (People v. Simon, G.R. No. 93028, Art. 4. Criminal liability. — Criminal liability
1994). shall be incurred:
Subsidiary imprisonment under the RPC 1. By any person committing a felony (delito)
applies to Special Penal Laws imposing the although the wrongful act done be
penalty of fine, etc. different from that which he intended;
In a number of cases, the Supreme Court has
ruled that Articles 100 (civil liability) and 39 One who commits an intentional felony is
(subsidiary penalty) are applicable to offenses responsible for all the consequences, which may
under special [penal] laws. (People v. Cubelo, naturally and logically result therefrom, whether
G.R. No. L-13678, 1959). foreseen or intended or not; and
When Article 10 Applies The rationale of the rule is the maxim, “el que causa
a. Article 10 of the RPC makes the Code de la causa es causa del mal causado” (he who is
suppletory to special [penal] laws, i.e. penal the cause of the cause is the cause of the evil
laws that punish acts not defined by the RPC. caused).
The suppletory applications of the RPC to
special [penal] laws, by virtue of Article 10, How criminal liability is incurred:
finds relevance only when the provisions of a. By committing an intentional felony even if the
the special [penal] law are silent on a wrong produced as a consequence thereof is
particular matter. not intended by the offender; and
b. By committing an impossible crime.
b. Aberratio ictus, in error personae, and
praeter intentionem Proximate Cause
It is that cause, which, in natural and continuous
Elements of Criminal Liability
sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the
a. AN INTENTIONAL FELONY HAS BEEN
result would not have occurred (Bataclan v.
COMMITTED;
Medina, G.R. No. L-10126, 1957).
Criminal Liability exists:
If a man creates in another person’s mind an
It is that acting first and producing the injury, either
immediate sense of danger, which causes such
immediately, or by setting other events in motion,
person to try to escape, and in so doing, the latter
all constituting a natural and continuous chain of
injures himself, the man who creates such a state
events, each having a close causal connection
of mind is responsible for the resulting injuries;
with its immediate predecessor.
(People v. Page, G.R. No. L-37505, 1977).
Illustration: Accused who used a deadly weapon
No felony is committed:
putting the other’s life in jeopardy and death
1. When the act or omission is not punishable by
follows is liable for said death. (People v. Likiran,
the RPC; or
G.R. No. 201858, 2014)
2. When the act is covered by any of the
justifying circumstances enumerated in Art.
11;
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The felony committed is not the proximate the guilty person shall also
cause of the resulting injury when: constitute an attempt or frustration
1. There is an active force that intervened of another crime, if the law
between the felony committed and the prescribes a higher penalty for
resulting injury; or either of the latter offenses, in
2. The resulting injury is due to the intentional act which case the penalty provided for
of the victim. the attempted or the frustrated
crime shall be imposed in its
When death is presumed to be the natural maximum period. (Art. 49, RPC)
consequence of physical injuries inflicted: Abberatio It is a compound crime when the
1. The victim at the time of the physical injuries ictus single act (mistaken blow) results in
were inflicted was in normal health; two or more grave or less grave
2. Death may be expected from the physical felonies (Art. 48, RPC); otherwise,
injuries inflicted; and the offenses shall be separately
3. Death ensued within a reasonable time. punished.
Praeter This is a mitigating circumstance.
Effective Intervening Cause intentione (Art. 13, para. 3, RPC).
An effective intervening cause interrupts the m
natural flow of events leading to one’s death. It
may relieve the offender from liability.
c. Impossible Crimes
Situations where a person committing a felony
is still criminally liable: Art. 4. Criminal liability. — Criminal liability shall
1. Error in personae: mistake in the identity of be incurred:
the victim; 2. By any person performing an act which
2. Aberratio ictus: mistake in the blow; and would be an offense against persons or
3. Praeter intentionem: the injurious result is property, were it not for the inherent
greater than that intended. impossibility of its accomplishment or an
account of the employment of inadequate
Effects to criminal liability or ineffectual means.
Error in 1. If the penalty prescribed for the
personae felony committed be higher than Note: The commission of an impossible crime is
that corresponding to the offense indicative of criminal propensity or criminal
which the accused intended to tendency on the part of the actor. Such a person
commit, the penalty corresponding is a potential criminal.
to the latter shall be imposed in its
maximum period. Requisites of Impossible Crimes: (PPEIA)
1. The act performed would be an offense
2. If the penalty prescribed for the against Persons or Property;
felony committed be lower than that
corresponding to the one which the If the act performed would be an offense other
accused intended to commit, the than a felony against persons or against property,
penalty for the former shall be there is no impossible crime;
imposed in its maximum period.
Felonies against persons:
3. The rule established by the next 1. Parricide;
preceding paragraph shall not be 2. Murder;
applicable if the acts committed by 3. Homicide;
4. Infanticide;
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5. Abortion; offense of attempt irrespective of legal impossibility.

6. Duel; (Intod v. CA, G.R. No, 103119, 1992)
7. Physical injuries; and
8. Rape; INADEQUATE AND INEFFECTUAL MEANS
Inherent impossibility of its accomplishment
Felonies against property: There must either be:
1. Robbery; a. legal impossibility, or
2. Brigandage; b. physical impossibility.
3. Theft;
4. Usurpation; Legal Impossibility - The intended acts, even if
5. Culpable insolvency; completed, would not amount to a crime.
6. Swindling and other deceits; Example: Killing a person already dead
7. Chattel mortgage;
8. Arson and other crimes Physical Impossibility - Extraneous
involving destruction; and circumstances unknown to the actor or beyond
9. Malicious mischief; his control prevent the consummation of the
intended crime.
2. The act was done with Evil intent; Example: A man puts his hand in the coat pocket of
another with the intention to steal the latter’s wallet
3. Its accomplishment is inherently Impossible and finds the pocket empty.
or that the means employed is either
inadequate or ineffectual; Employment of inadequate means - Means is
insufficient.
In impossible crimes, the act performed by the
offender cannot produce an offense against Employment of ineffectual means - Means
persons or property, because: (1) the commission employed did not produce the result expected.
of the offense is inherently impossible of
accomplishment, or (2) the means is either (a) Purpose: The purpose of the law in punishing
inadequate or (b) ineffectual; and impossible crime is to suppress criminal
propensity or criminal tendencies. Objectively, the
4. The act performed should not constitute a offender has not committed a felony, but
violation of Another provision of the subjectively, he is a criminal.
Revised Penal Code.
No Attempted or Frustrated Impossible Crime
Note: IN IMPOSSIBLE CRIMES, THE OFFENDER There is no attempted or frustrated impossible
SHOULD NOT BE AWARE OF THE crime. The offender intending to commit an
IMPOSSIBILITY OF HIS ACTIONS. offense has already performed all the acts of
To be impossible under the Article, the act intended execution but does not produce the crime by
by the offender must be by its nature one impossible reason of the fact that its nature is one of
of accomplishment. impossible accomplishment or that the means
employed are essentially inadequate or
In Intod v. CA, the offenders, intending to kill X, fired ineffectual. Since all the acts of execution have
at X’s bedroom. However, X was in another city then. already been performed, there could be no
The Court found the offenders guilty of an impossible attempted impossible crime. The acts performed
crime, not attempted murder. by the offender are considered as constituting a
consummated offense.
Congress has not yet enacted a law that provides
that intent plus act plus conduct constitutes the
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Duty of the Court in Cases Where Acts Not accident other than this own spontaneous
Covered by the Law Must be Punished desistance.
Art. 5. Duty of the court in connection with Development of a Crime

acts which should be repressed but which are 1. INTERNAL ACTS, such as mere ideas in the
not covered by the law, and in cases of mind of a person, are not punishable even if,
excessive penalties. — Whenever a court has had they been carried out, they would
knowledge of any act which it may deem constitute a crime.
proper to repress and which is not punishable 2. EXTERNAL ACTS cover (a) preparatory
by law, it shall render the proper decision and acts; and (b) acts of execution.
shall report to the Chief Executive, through
the Department of Justice, the reasons which i. Preparatory acts - ordinarily they are not
induce the court to believe that said act punishable, but preparatory acts which
should be made the subject of penal are considered in themselves, by law, as
legislation. independent crimes are punishable.
In the same way the court shall submit to the Ex: buying or preparing poison or weapon
Chief Executive, through the Department of with which to kill the intended victim;
Justice, such statement as may be deemed carrying inflammable materials to the
proper, without suspending the execution of place where a house is to be burned.
the sentence, when a strict enforcement of the
provisions of this Code would result in the ii. Acts of execution - punishable under
imposition of a clearly excessive penalty, the Revised Penal Code.
taking into consideration the degree of malice
and the injury caused by the offense. 1. Subjective phase - portion of the acts
constituting the crime, starting from the point
d. Stages of Execution where the offender begins the commission of the
crime to that point where he still has control over
Art. 6. Consummated, frustrated, and
his acts, including their natural course.
attempted felonies. — Consummated felonies
as well as those which are frustrated and
2. Objective phase - the result of the acts of
attempted, are punishable.
execution, that is, the accomplishment of the
crime.
A felony is consummated when all the
a. If the subjective and objective phases
elements necessary for its execution and
are present, there is a consummated
accomplishment are present; and it is
felony.
frustrated when the offender performs all the
b. The spontaneous desistance of the
acts of execution which would produce the
accused is exculpatory only (a) if made
felony as a consequence but which,
during the attempted stage, and (b)
nevertheless, do not produce it by reason of
provided that the acts already committed
causes independent of the will of the
do not constitute any offense.
perpetrator.
ATTEMPTED FELONY
There is an attempt when the offender
There is an attempt when the offender
commences the commission of a felony
commences the commission of a felony directly
directly or over acts, and does not perform all
by overt acts, and does not perform all the acts
the acts of execution which should produce
of execution which should produce the felony by
the felony by reason of some cause or
reason of some cause or accident other than his
own spontaneous desistance.
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Elements: FRUSTRATED FELONY

a. The offender commences the commission of A felony is frustrated when the offender performs
the felony directly by overt acts; all the acts of execution which would produce the
b. He does not perform all the acts of felony as a consequence but which,
execution which should produce the felony; nevertheless, do not produce it by reason of
If the offender has performed all the acts of cause independent of the will of the perpetrator.
execution – nothing more is left to be done –
the stage of execution is that of a frustrated Elements:
felony, if the felony is not produced; or 1. The offender performs all the acts of
consummated, if the felony is produced; execution;
c. The offender’s act is not stopped by his own
spontaneous desistance; Nothing more is left to be done by the offender,
because he has performed the last act necessary
Rationale for non-liability in cases where to produce the crime;
there is spontaneous desistance: It is sort of a
reward granted by law to those who, having one 2. All the acts performed would produce the
foot on the verge of crime, heed the call of their felony as a consequence;
conscience and return to the path of 3. But the felony is not produced; and
righteousness. The law does not punish him; and 4. By reason of causes independent of the will
of the perpetrator.
When is desistance spontaneous?
“Spontaneous” means proceeding from natural There are crimes that do not admit of a frustrated
feeling or native tendency without external stage. By the definition of a frustrated felony, the
constraint; synonymous with impulsive, automatic offender cannot possibly perform all the acts of
and mechanical. execution to bring the desired result without
consummating the offense.
The accused will be exempt from criminal
liability only when: Frustrated v. Attempted Felony
1. Spontaneous desistance is done during the FRUSTRATED ATTEMPTED
attempted stage; and Offender performs all Offender commences
2. No crime under another provision of the Code the acts of execution the commission of the
or other penal law is committed. which should produce felony directly by overt
the felony as a acts, and does not
d. The non-performance of all acts of execution consequence, but perform all the acts of
was due to cause or accident other than his which, nevertheless, do execution by reason of
spontaneous desistance. not produce it by reason some cause or
of causes independent accident other than his
Overt Acts of the will of the own voluntarily
It is some physical activity or deed, indicating the perpetrator. desistance
intention to commit a particular crime, more than There is no intervention There is such
a mere planning or preparation, which if carried to of a foreign or intervention and the
its complete termination following its natural extraneous cause offender does not
course, without being frustrated by external between the beginning arrive at the point of
obstacles nor by the voluntary desistance of the of the commission of the performing all of the
perpetrator, will logically and necessarily ripen crime and the moment acts, which should
into a concrete offense. when all of the acts have produce the crime. He
been performed which is stopped short of that
point by some cause
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should result in the apart from his voluntary intention of the perpetrator to cause a particular
consummated crime. desistance. injury.
Subjective phase is Never passes the
completely passed. subjective phase/ DESISTANCE
Subjectively the crime is It is an absolutory cause, which negates criminal
complete. liability because the law encourages a person to
Offender did all that was desist from committing a crime.
necessary to commit the
crime. If the crime did Desistance should be made before all the acts of
not result as a execution are performed, i.e. during the
consequence it was due attempted stage (after commencement, but
to something beyond his before consummation).
control.
(US v. Eduave, G.R. No. L-12155, 1917) Legal v. Factual Desistance
LEGAL FACTUAL
Crimes Which Do Not Have a Frustrated DEFINITION
Phase: Desistance referred to in Actual desistance of
1. Rape, because the gravamen of the offense law which would obviate the actor; the actor is
is carnal knowledge, so no matter how slight criminal liability unless still liable for the
the penetration, the felony is consummated; the overt or preparatory attempt.
2. Indirect bribery, because the offense is act already committed in
committed by accepting gifts offered to the themselves constitute a
public officer by reason of his office; felony other than what
3. Corruption of public officers, since the crime the actor intended.
requires the concurrence of the will of both TIME OR PERIOD EMPLOYED
parties; Desistance made during Desistance made
4. Adultery, because the essence of the crime is the attempted stage. after the attempted
sexual congress; stage of the crime.
5. Physical injury since its determination
whether slight, less serious, or serious can Factors Determining the Stage of Execution:
only be made once it is consummated; and a. Nature of the offense;
6. Theft, since unlawful taking immediately b. Elements constituting the felony; and
consummates the offense and the disposition c. Manner of committing the same.
of the thing is not an element.
Manner of Committing the Crime
CONSUMMATED FELONY a. Formal crimes: consummated in one instant,
A felony is consummated when all the elements no attempt
necessary for its execution and accomplishment
are present. As a rule, there can be no attempt at a formal crime,
because between the thought and the deed there is
INDETERMINATE OFFENSE no chain of acts that can be severed in any link.
One where the purpose of the offender in
performing an act is not certain. Its nature in E.g. Giving a false testimony (Art. 180), Slander (Art.
relation to its objective is ambiguous. 358)
The intention of the accused must be ascertained b. Crimes consummated by mere attempt or
from the facts and, therefore, it is necessary that proposal or by overt act
the mind be able to directly infer from them the
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E.g. flight to enemy’s country (Art. 121), Corruption Illustration: X defrauded A through falsification of a
of minors (Art. 340) public document by obtaining the title of a lot,
belonging to B, and by misrepresenting to A that B
c. Felony by omission was badly in need of money and was offering the title
There can be no attempted stage when the felony of the said lot as collateral for a loan of P1500. X
is by omission, because in this kind of felony the executed a Deed of Real Estate Mortgage, signing
offender does not execute acts. He omits to the name of B and induced A to deliver the amount
perform an act which the law requires him to do. of P1500. X likewise defrauded C through the same
E.g. Misprision of treason (Art 116), Failure of means and for the same amount.
accountable officer to render accounts (Art. 218),
Failure of a responsible public officer to render The series of acts committed by X amounts to a
accounts before leaving the country (Art. 219), continued, continuous, or continuing offense. There
Failure to make delivery of public funds or was only one deceit practiced by X on the two
property (Art. 221) victims, i.e. that being in need of money, B was
willing to mortgage two lots as security for a total loan
d. Crimes requiring the intervention of two of P3000. That there were two (2) victims, however,
persons to commit them are did not accordingly convert the crime into two
consummated by mere agreement separate offenses, as the determinative factor is the
In the crime of corruption of public officer, the unity or multiplicity of the criminal intent or of the
same are consummated by mere agreement. The transactions.
offer made by one of the parties to the other
constitutes attempted felony, if the offer is The singularity of the offense committed by
rejected. petitioner is further demonstrated by the fact that the
falsification of the two (2) public documents as a
e. Material crimes: there are three stages of means of committing estafa were performed on the
execution. same date, in the same place, at the same time and
on the same occasion. (Mallari v. People, G.R. No.
e. Continuing Crimes L-58886, 1988).
CONTINUOUS (CONTINUED OR
Note: The continued crime principle applies to
CONTINUING) CRIME
crimes against persons.
It is a single crime, consisting of a series of acts but
all arising from one criminal resolution. Although
Illustration: The accused and his companion ran
there is a series of acts, there is only one crime
amok in the passengers' section of the upper
committed.
deck of a motorboat. Eleven persons were killed
and twenty other persons were seriously
REQUISITES: (M-UP-UO)
wounded by him and his companion. The
1. Multiplicity of acts;
accused confessed that he and his companion
2. Unity of criminal Purpose or intent; and
had a common motive to run amok. It was held
3. Unity of criminal Offense violated.
that since the killings were the result of a single
impulse and that neither the accused nor his
Continued Crime NOT a Complex Crime
companion had in mind killing any particular
A continued crime is not a complex crime, because
individual, the acts complained of should be
the offender in continued or continuous crime does
considered as resulting from a single criminal
not perform a single act, but a series of acts, and one
impulse and constituting a single offense. (People
offense is not a necessary means for committing the
vs. Emit, CA-G.R. No. 13477-R, Jan. 31, 1956)
other.
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The series of acts born of a single criminal a. Real or material plurality - Different crimes
impulse may be perpetrated during a long in law, as well as in the conscience of the
period of time. offender; the offender shall be punished for
A sent an anonymous letter to B, demanding each and every offense that he committed.
P5,000 under threats of death and burning the
latter's house. Two months later, A sent again b. Formal or ideal plurality - Only one criminal
another letter to B, making the same threats. Four liability:
months later, A sent again another letter to B, 1. When the offender commits any of the
making the same threats. Six months thereafter, complex crimes in Article 48;
A sent another letter to B, making the same 2. When the law specifically fixes a single
threats. This time, A was arrested for grave penalty for two or more offenses committed
threats. (Special Complex Crimes); and
3. When the offender commits
It was held that the different acts of sending continuous crimes.
letters of demand for money with threats to kill
and burn the house of the offended party Art. 48. Penalty for complex crimes. — When
constitute only one and the same crime of grave a single act constitutes two or more grave or
threats born of a single criminal impulse to attain less grave felonies, or when an offense is a
a definite objective. (See People vs. Moreno, necessary means for committing the other,
C.A., 34 O.G. 1767) the penalty for the most serious crime shall be
imposed, the same to be applied in its
A continuous crime is a continuous, unlawful act maximum period.
or series of acts set on foot by a single impulse
and operated by an unintermittent force, however This article requires the commission of at least 2
long a time it may occupy. (Mallari v. People, crimes. But the 2 or more grave or less grave
supra) felonies must be the result of a single act, or an
offense must be a necessary means for
There is only one crime commited. committing the other. They constitute only one
A continued crime is a single crime consisting of crime in the eyes of the law because the offender
a series of acts but all arising from one criminal has only one criminal intent, hence, there is only
resolution. one penalty imposed.
However, when two acts are deemed distinct from PENALTY

one another although proceeding from the same The penalty for complex crime is the penalty for
criminal impulse, two offenses were committed. the most serious crime, the same to be applied in
The principle cannot be applied. (People vs. its maximum period. If different crimes resulting
Ramos, 59 O.G. 4052) from one single act are punished with the same
penalty, the penalty for any one of them shall be
f. Complex Crimes and Composite Crimes imposed, the same to be applied in the maximum
period. When two felonies constituting a complex
PLURALITY OF CRIMES
crime are punishable by imprisonment and fine,
Consists in the successive execution, by the
respectively, only the penalty of imprisonment
same individual, of different criminal acts, upon
should be imposed.
any of which no conviction has yet been declared.
If there is conviction by final judgment and the
Note: This will not apply if one felony is committed
crimes fall under the same title of the RPC, it is
to conceal the other felony.
recidivism.
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There is no complex crime where one of the charged in one information. They are separate
offenses is penalized by a special law. offenses subject to distinct penalties (Lontok v.
Article 48 will not apply if one crime is punishable Gorgonio, G.R. No. L-37396, 1979).
under the RPC, and the other punishable under a
Special Penal Law. When the crime is committed by force or violence,
slight physical injuries are absorbed. Thus, where
Illustration: Murder or homicide is distinct from the a person in authority or his agent, who was
crime of Illegal Possession of Unlicensed attaccked in the performance of his duty, suffered
Firearm, where the firearm is used in slight physical injuries only, the crime of slight
perpetuating the killing. Murder and homicide are physical injuries is absorbed in the crime of direct
defined and penalized by the RPC as crimes assault. (People v. Benitez, G.R. No. 48396,
against persons. They are mala in se because 1942).
malice or dolo is a necessary ingredient therefor.
On the other hand, the offense of illegal 2. COMPLEX CRIME PROPER: When an
possession of firearm is defined and punished by offense is a necessary means for committing
a special penal law. It is a malum prohibitum. In the other.
punishing illegal possession of firearm, the
criminal intent of the possessor is not taken into Requisites: (TNP)
account. All that is needed is intent to perpetrate a. At least Two offenses are committed;
the act prohibited by law, coupled, of course, b. One or some of the offenses must be
by animus possidendi. However, it must be Necessary to commit the other;
clearly understood that this animus possidendi is a. Necessary means is not equivalent to
without regard to any other criminal or felonious indispensable means;
intent which an accused may have harbored in c. Both or all of the offenses must be Punished
possessing the firearm. (People v. Quijada, G.R. under the same statute.
Nos. 115008-09, 1996)
When there is no complex crime:
Kinds of Complex Crimes: a. In case of continuous crimes;
1. COMPOUND CRIME: When a single act
constitutes 2 or more grave or less grave b. When one offense is committed to conceal
felonies. the other;
E.g. After committing homicide, the
Requisites: accused, in order to conceal the crime,
a. Only a single act is performed by the set fire to the house where it had been
offender; and perpetrated (People v. Bersabal, G.R.
b. The single act produces: No. 24532, 1925).
i. Two or more grave felonies; or Setting fire to the house is arson. Neither
ii. One or more grave and one or more homicide nor arson was necessary to
less grave felonies; or commit the other.
iii. Two or more less grave felonies.
c. When the other crime is an indispensable
Light felonies produced by the same act should part or an element of the other offenses;
be treated and punished as separate offenses or E.g. Accused forcibly abducted a 19-year
may be absorbed by the grave felony. old girl, and took her to the woods where
she was raped. The crime of forcible
Illustration: The light felonies of damage to abduction was a necessary means for
property and slight physical injuries, both committing the crime of rape. (See
resulting from a single act of imprudence, do not People v. Manguiat, G.R. No. L-28377,
constitute a complex crime. They cannot be 1928).
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d. Where one of the offenses is penalized by a 4. Usurpation of real rights (Art. 312) with
special law; serious physical injuries
E.g. Murder or homicide remains distinct
from the crime of Illegal Possession of Note: In cases when the prosecution failed to
Unlicensed Firearm, where the firearm is conclusively prove that homicide was committed
used in perpetuating the killing. (People for the purpose of robbing the victim, no accused
v. Quijada, supra); and can be convicted of robbery with homicide. In the
special complex crime of robbery with
e. When the provision provides for a two- tiered homicide, homicide is committed in order:
penalty, e.g. Usurpation of property (Art. a. to facilitate the robbery or the escape of the
312), malicious procurement of a search culprit;
warrant (Art. 129), bribery (Art. 210, par. 1). b. to preserve the possession by the culprit of
the loot;
SPECIAL COMPLEX CRIMES are those which c. to prevent discovery of the commission of
are treated by law as single indivisible offenses the robbery; or
although comprising more than one specific crime d. to eliminate witnesses to the commission of
and with specific penalty. the crime.
EXAMPLES: 21 stab wounds would be overkill for these

1. Rape with homicide; purposes. The sheer number of stab wounds
Note: Homicide must always be inflicted makes it difficult to conclude an original
consummated, otherwise, they are separate criminal intent of merely taking personal property.
offenses. The rape may either be (People v. Chavez y Bitancor, G.R. No. 207950,
consummated or attempted; J. LEONEN, September 22, 2014)
2. Kidnapping with homicide;
3. Kidnapping with rape; The elements of the special complex crime of
Note: Different from abduction with rape, rape with homicide are:
wherein there is lewd design 1. the appellant had carnal knowledge of a
4. Robbery with homicide; woman;
Note: Additional homicide not aggravating 2. carnal knowledge of a woman was achieved
5. Robbery with rape by means of force, threat or intimidation; and
Note: Additional rape not aggravating 3. by reason or on occasion of such carnal
6. Robbery with arson; and knowledge by means of force, threat or
7. Arson with homicide. intimidation, the appellant killed a woman.
Crimes involved cannot be legally In the absence of direct evidence, a resort to

complexed: circumstantial evidence is usually necessary in
1. Malicious obtainment or abusive service of proving the commission of rape. This is because
search warrant (Art. 129) with perjury; rape is generally unwitnessed and very often only
2. Bribery (Art. 210) with infidelity in the custody the victim is left to testify for herself. It becomes
or prisoners; even more difficult when the complex crime of
3. Maltreatment of prisoners (Art. 235) with rape with homicide is committed because the
serious physical injuries; and victim could no longer testify. (People v. ZZZ,
G.R. No. 228828, J. LEONEN)
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COMPARATIVE TABLES
Material Plurality v. Continued Crime

REAL OR MATERIAL PLURALITY CONTINUED CRIME
There is a series of acts performed by the There is a series of acts performed by the offender.
offender.
Each act performed by the offender constitutes a The different acts constitute only one crime because
separate crime, because each act is generated by all of the acts performed arise from one criminal
a criminal impulse. resolution.
Ordinary Complex Crime v. Special Complex/ Composite Crime

ORDINARY COMPLEX CRIME SPECIAL COMPLEX CRIME OR
COMPOSITE CRIME
AS TO THEIR CONCEPT
It is made up of two or more crimes being punished It is made up of two or more crimes, which are
in distinct provisions of the Revised Penal Code considered only as components of a single
but alleged in one information either because they indivisible offense being punished in one provision
were brought about by a single act producing two of the Revised Penal Code.
or more grave or less grave felonies or because
one offense is a necessary means for committing
the other offense or offenses.
Each act performed by the offender constitutes a The different acts constitute only one crime because
separate crime, because each act is generated by all of the acts performed arise from one criminal
a criminal impulse. resolution.
AS TO PENALTY
Penalty for the most serious crime shall be It is the penalty specifically provided for the special
imposed and in its maximum period. complex crime that shall be applied according to the
rules on imposition of the penalty.
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Complex Crimes under Art. 48 v. Special Complex Crimes

Examples of Complex Crimes Covered by Examples of Special Complex Crimes
Article 48
1. Direct assault with: 1. Qualified Piracy/ Qualified mutiny;
a. Homicide; 2. Robbery with:
b. Murder; a. Serious Physical Injuries (SPI): victim of SPI
c. Serious Physical Injuries or Less Serious should not be the robber; otherwise, they
Physical Injuries; or are separate crimes;
d. Tumults and other disturbances; Note: under the 4th act, violence need not
2. Estafa thru falsification of a public document; result in SPI; only that the violence be
3. Malversation thru falsification; unnecessary for the commission of the
4. Discharge of firearm with SPI or LSPI; crime;
5. Grave threats with intentional abortion; b. Homicide –
6. Homicide with unintentional abortion; Intent to take personal property must
7. Parricide with abortion (intentional or precede the killing. Otherwise, two separate
unintentional); crimes of homicide/murder/parricide and
8. Forcible abduction with rape – theft are committed. The law does not
If there are multiple rapes, only one will be require that the victim of robbery is also the
complexed with forcible abduction, and the victim of homicide;
rest shall be considered separate crimes; and c. Rape –
9. Simple seduction by means of usurpation of Intent to gain must also precede rape. This
official functions. does not cover robbery with attempted
rape.
d. Intentional Mutilation: Castration or mayhem;
e. Arson: Robbery should precede arson. And no
rape, homicide, SPI, or intentional
mutilation should be committed or else,
arson will only be considered as an
aggravation circumstance.
3. Rape with homicide (also, attempted and
frustrated rape with homicide): homicide must
be by reason of or on occasion of rape;
4. Rape with serious illegal detention or
Kidnapping with rape – if there is an attempted
rape, it shall be considered as a separate crime.
Regardless of the number of rapes, there is
only one crime;
5. Kidnapping with
d. Murder;
e. Homicide (take Note of specific intent);
Regardless of the number of victims killed,
there is one crime only of special complex
crime of kidnapping with homicide or
murder, as the case may be; and
c. Serious Physical injuries.
———— end of topic ————
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II. CIRCUMSTANCES AFFECTING 1. SELF-DEFENSE (PAR. 1)

CRIMINAL LIABILITY
Rights Included in Self Defense:
Definitions
Self-defense includes not only the defense of the
IMPUTABILITY RESPONSIBILITY
person or body of the one assaulted but also that
Definition: the quality Definition: the
of his rights, those rights the enjoyment of which
by which an act may obligation of suffering
is protected by law. “Aside from the right to life on
be ascribed to a the consequences of
which rests the legitimate defense of our person,
person as its author crimes. It is he
we have the right to property acquired by us, and
or owner. It implies obligation of taking
the right to honor which is not the least prized of
that the act the penal and civil
man’s patrimony.” (Reyes citing 1 Viada, The
committed has been consequences of the
Revised Penal Code Book 1, 172, 173, 5th edition)
freely and crime.
consciously done and
The right to honor. Hence, a slap on the face is
may, therefore, be
considered as unlawful aggression since the face
put down to the doer
represents a person and his dignity. (Rugas V.
as his very own.
People G.R. No. 147789, 2004)
Implies that a deed Implies that the
may be imputed to a person must take the a. Defense of person;
person. consequences of b. Defense of rights protected by law;
such a deed. c. Defense of property; and
d. Defense of chastity.
GUILT is an element of responsibility, for a man
cannot be made to answer for the consequences Reasons why penal law makes self- defense
of a crime unless he is guilty. lawful:
a. It is based on that impulse of self-
a. Justifying Circumstances
preservation born to man and part of his
General Concepts nature as a human being.
Justifying Circumstances are those where the b. Classicist: grounded on the impossibility on
act of a person is said to be in accordance with the part of the State to avoid a present unjust
law, so that such person is deemed not to have aggression and protect a person unlawfully
transgressed the law and is free from both attacked.
criminal and civil liability. There is no crime and c. Positivists: an exercise of a right, an act of
there is no criminal. social justice done to repel the attack of an
aggression.
There is also no civil liability, except in par. 4 of
Article 11. Elements: (URP)
1. Unlawful Aggression;
Basis Note: An indispensable requirement.
a. The law recognizes the non-existence of a a. Actual physical assault or aggression or an
crime by express provision; and immediate and imminent threat is required;
b. Lack of criminal intent. b. Threatened assault of an immediate kind
must be offensive and positively strong
Burden of Proof showing the wrongful intent to cause injury;
It is incumbent upon the accused to prove the and
justifying circumstances claimed by him to the c. The defense must have been made during
satisfaction of the court. the existence of aggression, otherwise, it is
no longer justifying;
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2. Reasonable necessity of the means Retaliation v. Self-defense

employed to prevent or repel it; RETALIATION SELF-DEFENSE
The aggression that was The aggression was
Test of reasonableness: begun by the injured still existing when
a. Nature and quality of the weapon used by party already ceased to the aggressor was
aggressor exist when the accused injured or disabled
b. Physical condition, character, size and attacked him. by the person
other circumstances of aggressor; making a defense.
c. Physical condition, character, size and NOT self-defense nor a
circumstances of person defending justifying circumstance.
himself ;
d. Place and occasion of assault; Notes: Unlawful Aggression
Note: Perfect equality between the
weapons used or material a. The attack made by the deceased and the
commensurability between the means of killing of the deceased by defendant should
attack and defense by the one defending succeed each other without appreciable
himself and that of the aggressor is not interval of time.
required because the victim does not Accused must have no time nor occasion for
have sufficient opportunity and tranquility deliberation and cool thinking.
of mind to think and calculate which b. It must come from the person attacked by the
weapon to use. The law merely requires accused.
rational equivalence; and c. There is no unlawful aggression when there
was an agreement to fight unless aggression
3. Lack of sufficient Provocation on the part of occurred before the stipulated time and place
the person defending himself in the agreement.
d. When the aggressor flees, unlawful
FIRST ELEMENT: Unlawful aggression aggression cease to exist.
a. Kinds of Aggression e. Mere belief of an impending attack is not
• Lawful: fulfillment of a duty or the exercise sufficient.
of a right unless public officer exceeds his f. In relation to “mistake of fact”, the belief of the
authority; and accused may be considered in determining
• Unlawful. the existence of unlawful aggression. E.g. use
b. It is equivalent to assault or at least threatened of a replica gun provided the accused believe
assault of an immediate and imminent nature. to be a real gun.
c. There must be an actual physical assault g. In case of a threat, it must be offensive and
upon a person, or at least a threat to inflict strong, positively showing the wrongful intent
real injury. to cause injury. It is present only when the one
d. The threat must be offensive and positively attacked faces real and immediate threat to
strong, showing the wrongful intent to cause one’s life. (People v. Vergara, G.R. No.
an injury. 177763, 2013)
e. Peril to one’s Life
• Actual: the danger must be present, that How to Determine the Unlawful Aggressor:
is, actually in existence; or In the absence of direct evidence to determine
• Imminent: the danger is on the point of who provoked the conflict, it has been held that it
happening. It is not required that the attack shall be presumed that, in the nature of the order
already begins, for it may be too late. of things, the person who was deeply offended by
f. Peril to one’s Limb - Includes peril to the the insult was the one who believed he had a right
safety of one’s person from physical injuries. to demand explanation of the perpetrator of that
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insult, and the one who struck the first blow when f. The peace officer, in the performance of his
he was not satisfied with the explanation offered duty, represents the law which he must
(United States v. Laurel, G.R. No L-7037, 1912). uphold. While the law on self- defense allows
a private individual to prevent or repel an
4 Kinds of Self Defense: (CPLD) aggression, the duty of a peace officer
a. Self-defense of Chastity – There must be requires him to overcome his opponent. A
an attempt to rape the victim. police officer is not required to afford a person
b. Defense of Property – Must be coupled with attacking him, the opportunity for a fair and
an attack on the person of the owner, or on equal struggle.
one entrusted with such property.
In determining reasonable means, some
Attack on property alone was deemed factors are to be considered such as:
sufficient to comply with element of unlawful a. Presence of imminent danger;
aggression. (People v. Narvaez, G.R. No. L- b. Emergency to which the person defending
33466-67, 1983). himself has been exposed to;
c. Nature and quality of the weapon used by
c. Self-defense in Libel – Justified when the the accused compared to the weapon of the
libel is aimed at a person’s good name. aggression;
d. Defense of Dignity and of person – Slap d. Impelled by the instinct of self- preservation;
on the face which places a person’s dignity and
in real danger. (People v. Sabio, G.R.No L- e. Size and/or physical character of the
23734, 1967) aggressor.
“Stand ground when in the right” - The law Perfect equality between the weapons used by
does not require a person to retreat when his the one defending and that of the aggressor is not
assailant is rapidly advancing upon him with a required. Rational Equivalence is enough.
deadly weapon.
Note: The first two requisites thus far explained
SECOND ELEMENT: Reasonable Necessity of are common to self-defense, defense of a
the Means Employed to Prevent or Repel it relative, and defense of a stranger.
a. The reasonableness of either or both such
necessity depends on the existence of Lack of sufficient provocation on the part of
unlawful aggression and upon the nature and the person defending himself
extent of the aggression. a. The one defending himself must not have
b. Two elements of necessity: necessity for the given cause for the aggression by his unjust
course of action and necessity of the means conduct or by inciting or provoking the
employed assailant.
c. Necessity of the course of action taken: the b. Cases in which third requisite considered
necessity of the course of action taken present:
depends on the existence of unlawful c. No provocation at all was given to the
aggression. aggressor by the person defending himself;
d. Necessity of the means used: the means d. When, even if a provocation was given, it was
employed by the person making a defense not sufficient; and
must be rationally necessary to prevent or e. When, even if the provocation was sufficient,
repel an unlawful aggression. it was not given by the person defending
e. In repelling or preventing an unlawful himself.
aggression, the one defending must aim at f. The exercise of a right cannot give rise to
his assailant, and not indiscriminately fire his sufficient provocation.
deadly weapon.
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g. The provocation must be sufficient, which Note: Section 26 of R.A. 9262 provides that
means that it should be proportionate to the “Victim-survivors who are found by the courts
act of aggression and adequate to stir the to be suffering from battered woman
aggressor to its commission. (People v. syndrome do not incur any criminal and civil
Alconga, G.R. No. L-162, 1947) liability notwithstanding the absence of any of
the elements for justifying circumstances of
Battered Woman Syndrome as a Defense: self-defense under the Revised Penal Code.”
R.A. 9262: Anti-Violence Against Women and Under R.A. 9262, the Battered Woman Syndrome
Their Children Act of 2004 March 8, 2004 can be invoked as a defense without having to
prove the elements of self-defense like unlawful
a. Battered woman - one who is repeatedly aggression, because it is recognized as an
subjected to any forceful physical or absolutory cause (rather than a justifying
psychological behavior by a man in order to circumstance) under this law.
coerce her to do something he wants her to
do without concern for her rights. 2. DEFENSE OF RELATIVES (PAR. 2)
b. Includes wives or women in any form of
intimate relationship with men. ELEMENTS:
c. Must go through battering “cycle of violence” a. Unlawful Aggression;
at least TWICE. Note: An indispensable requirement.
1. The tension-building phase – During
this phase, minor battering occurs. It Unlawful aggression need not exist as a
could be verbal or slight physical abuse. matter of fact. It can be made to depend upon
The woman usually tries to pacify the the honest belief of the one making a
batterer through a show of kind, nurturing defense, as when two sons attacked the
way. All she wants is to prevent the victim in the belief that the latter unlawfully
escalation of the violence exhibited by attacked their father who was lying on the
the batterer. floor when they arrived. (United States v.
2. The acute battering incident – Esmedia, G.R. No. L-5749, 1910)
Characterized by brutality,
destructiveness, and sometimes death. b. Reasonable necessity of the means
The battered woman deems this incident employed to prevent or repel it;
as unpredictable, yet also inevitable. (See discussion under par. 1)
During this phase, she has no control.
Only the batterer may put an end to the c. In case the provocation was given by the
violence. The woman usually realizes person attacked, the one making the
that she cannot reason with him, and that defense had no part in such provocation;
resistance would only exacerbate her
condition. The clause, “in case the provocation was given
3. The tranquil, loving phase – This final by the person attacked,” used in stating the third
phase begins when the acute battering requisite does not mean that the relative
incident ends. During this period, the defended should give provocation to the
couple experience profound relief. The aggressor. It merely states an event which may or
batterer may show a tender and nurturing may not take place;
behavior towards his partner. The There is still a legitimate defense of relative even
battered woman tries to convince herself if the relative being defended has given
that the battery will never happen again; provocation, provided that the one defending
that her partner will change for the better. such relative has no part in the provocation.
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Relative entitled to the Defense: (SADAC) rational necessity which the law requires. In each
a. Spouse; particular case, it is necessary to judge the
b. Ascendants; relative necessity, whether more or less
c. Descendants; imperative, in accordance with the rules of
d. Legitimate, natural or adopted brothers and rational logic. The defendant may be given the
sisters, or relatives by affinity in the same benefit of any reasonable doubt as to whether he
degrees; and employed rational means to repel the aggression.
Relatives by Affinity: created by (Mariano y Garcia v. People, G.R. No. 224102, J.
marriage / law; LEONEN)
e. Relatives by Consanguinity within the 4th
civil degree. 4. AVOIDANCE OF GREATER EVIL OR
Relatives by consanguinity: blood INJURY (STATE OF NECESSITY) (PAR. 4)
relatives
Elements: (EIP)
Note: The relative defended may be the original 1. Evil sought to be avoided actually exists;
aggressor. To justify the act of the relative a. Evil that is merely expected or anticipated
defending, he must not take part in such or may happen in the future is not
provocation. sufficient;
Basis: Humanitarian sentiment and upon the 2. Injury feared be greater than that done to
impulse of blood which impels men to rush, on avoid it; and
the occasion of great perils, to the rescue of those a. Greater evil should not be brought about
close to them by ties of blood. by the negligence or imprudence of the
actor;
3. DEFENSE OF STRANGER (PAR. 3) b. Greater evil must not result from a
violation of law by the actor;
Elements:
1. Unlawful aggression (indispensable 3. No other Practical and less harmful means
requirement); of preventing it.
2. Reasonable necessity of the means
employed to prevent or repel it; and In cases falling within subdivision 4 of Article 11,
3. Person defending be not induced by the persons for whose benefit the harm has been
revenge, resentment or other evil motive. prevented, shall be civilly liable in proportion to
a. The defense of a stranger must be the benefit which they may have received (Art.
actuated by disinterested or generous 101).
motive.
Note: Although as a rule, there is no civil liability
A stranger is any person not included in the in justifying circumstances, it is only in this
enumeration of relatives mentioned in paragraph instance where there is civil liability, but civil
2. liability is borne by the persons benefited.
Basis: What one may do in his defense, another
may do for him. In cases falling within subdivision 4 of Article 11,
the persons for whose benefit the harm has been
Note: Reasonable necessity does not mean prevented, shall be civilly liable in proportion to
absolute necessity. It must be assumed that one the benefit which they may have received. (Art.
who is assaulted cannot have sufficient tranquility 101, RPC) The civil liability here is not ex-delicto.
of mind to think, calculate and make comparisons The necessity must not be due to the negligence
which can easily be made in the calmness of the or violation of any law by the actor.
home. It is not the indispensable need but the
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5. FULFILLMENT OF DUTY OR LAWFUL 3. Means used by subordinate to carry out said

EXERCISE OF RIGHT OR OFFICE (PAR. 5) order is Lawful.
Elements: Notes:
1. Accused acted in the performance of duty or a. The superior officer giving the order cannot
in the lawful exercise of a right or office; and invoke this justifying circumstance.
2. Injury caused or offense committed is the b. Good faith is material, as the subordinate is
necessary consequence of the due not liable for carrying out an illegal order if
performance of the duty, or the lawful he is not aware of its illegality and he is not
exercise of such right or office. negligent.
General rule: Subordinate cannot invoke this
Notes: circumstance when order is patently illegal.
a. The accused must prove that he was duly
appointed to the position claimed he was Exception: When there is compulsion of an
discharging at the time of the commission of irresistible force, or under impulse of
the offense. uncontrollable fear.
b. The deceased was under the obligation to
surrender, and had no right, after evading b. Exempting Circumstances
service of his sentence, to commit assault
General Concepts
and disobedience with a weapon in his hand,
EXEMPTING CIRCUMSTANCES (non-
which compelled the policeman to resort to
imputability) are those grounds for exemption
such extreme means, which, although it
from punishment due to absence of any
proved to be fatal, was justified by the
conditions in the agent of the crime which makes
circumstances. (People v. Delima, G.R. No.
the act voluntary or negligent.
L-18660, 1922)
Technically, one who acts by virtue of any

It is not necessary that there be unlawful
exempting circumstance commits a crime,
aggression against the person charged with the
although by the complete absence of any of the
protection of the property. If there is unlawful
conditions which constitute free will or
aggression against the person charged with the
voluntariness of the act, no criminal liability arise.
protection of the property, then paragraph 1 of Art.
(Guevara)
11 applies, it being a defense of right to property.
There is, therefore, a crime, but no criminal.
Doctrine of Self-Help
The owner or lawful possessor of a thing has the
Basis: There is complete absence of
right to exclude any person from the enjoyment
voluntariness (i.e., intelligence, freedom of action,
and disposal thereof. For this purpose, he may
or intent), or absence of negligence on the part of
use such force as may be reasonably necessary
the accused.
to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
The burden of proof to prove the existence of
property.
an exempting circumstance lies within the
defense.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE (PAR. 6)
Elements: (OLL)
1. An Order has been issued by a superior;
2. The order has a Lawful purpose and not
patently illegal; and
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Justifying Circumstances v. Exempting least discernment or with total deprivation of free

Circumstances will. This does not include mere abnormality of the
JUSTIFYING EXEMPTING mental faculties. The insane is not so exempt if it
WHO/WHAT can be shown that he acted during a lucid interval.
IS Act Actor It is necessary that there be a complete
AFFECTED deprivation of intelligence while committing the
Act is Act is wrongful act, that is, that the accused be deprived of
NATURE
considered but actor is not reason; that he acts without the least
OF ACT
legal liable discernment; or that there be a total deprivation
Yes, but since of freedom of the will. (People v. Formigones,
EXISTENCE
voluntariness is G.R. No. L-3246, 1950)
OF A None
absent the actor
CRIME
is not liable The defense must prove that the accused was
No crime, no There is a crime, insane at the time of the commission of the crime,
criminal, no no criminal, no because the presumption is always in favor of
criminal criminal liability. sanity.
liability.
There is civil Note: In a parricide case, People vs. Lacena, 69
No civil liability liability EXCEPT Phil. 250, the Supreme Court held that the
EXCEPT civil as to Art. 12(4) accused suffered from malignant malaria, a
liability in Art. [injury by mere disease that causes disturbance in the nervous
11(4): Under accident] and system, causing, among other complications,
Art. 101, the (7) [lawful acute mania, melancholy and exceptional
persons for cause] insanity, sometimes. Thus, the accused did not
LIABILITY
whose benefit incur criminal responsibility, since the
the harm has circumstances in which the appellant murdered
been her husband reveal that she carried out such act
prevented at a time when she suffered from insanity as a
shall be civilly result of her illness.
liable in
proportion to Note: "Where it is shown that defendant had lucid
the benefit intervals, it will be presumed that offense was
which they committed in one of them.”
may have
received. Basis: Complete absence of intelligence, an
element of voluntariness.
1. IMBECILITY OR INSANITY (PAR. 1)
TIME WHEN EFFECT ON
IMBECILITY exists when a person, while of ACCUSED CRIMINAL LIABILITY
advanced age, has a mental development SUFFERS
comparable to that of children between 2 and 7 INSANITY
years old. An imbecile is one who is deprived At the time of the Exempt from criminal
completely of reason or discernment and freedom commission of the liability
of the will at the time of committing the crime. He felony
is exempt in all cases from criminal liability. Accused is criminally
liable, but trial will be
During trial
INSANITY exists when there is complete suspended until the
deprivation of intelligence or reason or without the mental capacity of the
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accused be restored to i. Committing a crime while in a dream (People

afford him a fair trial; v. Taneo, G.R. No. L-37673, 1933);
and accused is j. Somnambulism or sleepwalking (People v.
committed to a hospital. Gimena, G.R. No. L-33877, 1931); and
Execution of judgment k. Committing a crime while suffering from
is suspended, and the malignant malaria. (People v. Lacena, G.R.
accused is committed to No. L-46961, 1940)
After judgment of a hospital. The period of
while serving confinement in the 2. MINORITY (PAR. 2 AND 3)
sentence hospital is counted for
the purpose of the Basis: Complete absence of intelligence
prescription of the
penalty. Burden of Proof: Any person alleging the age of
the child in conflict with the law has the burden of
The evidence of insanity must refer to the time proving the age of the child.
preceding the act under the prosecution or to the
very moment of its execution. If age is contested PRIOR to the filing of the
information in court, a case for determination of
Tests of Insanity: age under summary proceeding may be filed
1. Cognition: complete deprivation of before the Family Court which shall render its
intelligence in committing the crime; and decision within 24 hours from receipt of
2. Volition: total deprivation of freedom of will. pleadings.
Scope of the term “Insanity”: PAR 2: A person under nine years of age
a. Dementia praecox: irresistible homicidal (Modified by Section 6 of RA 9344 to FIFTEEN
impulse; YEARS OF AGE AND BELOW)
b. Schizophrenia: chronic mental disorder
characterized by inability to distinguish PAR 3: A person over nine years of age and
between fantasy and reality and often under fifteen, unless he has acted with
accompanied by hallucinations and discernment in which case, such minor shall
delusions; be proceeded against in accordance with the
c. Kleptomania only if it produces an irresistible provisions of Article 80 of this Code.
impulse to steal as when the accused has
been deprived of his will which would enable a. Section 6 of RA 9344 modified this to: a
him to prevent himself from doing this act; person OVER 15 ABOVE and UNDER 18
Note: If it only diminishes the exercise of unless he has acted with discernment.
his will-power, it is not an exempting b. Allegation of “with intent to kill” in the
circumstance but a mitigating information is sufficient allegation of
circumstance. discernment.
d. Epilepsy: chronic nervous disease c. Section 38 of RA 9344: Automatic
characterized by fits, occurring at intervals, Suspension of Sentence. - Once the child
attended by conclusive motions of the who is under eighteen (18) years of age at the
muscles and loss of consciousness; time of the commission of the offense is found
e. Feeblemindedness: not exempting; guilty of the offense charged, the court shall
f. Pedophilia: not insanity; determine and ascertain any civil liability
g. Amnesia: not proof of mental condition of the which may have resulted from the offense
accused; committed. However, instead of
h. Other causes of lack of intelligence; pronouncing the judgment of conviction,
the court shall place the child in conflict
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with the law under suspended sentence, e. Sniffing of rugby under Presidential Decree
without need of application: Provided, No. 1619, such prosecution being
however, That suspension of sentence shall inconsistent with the United Nations
still be applied even if the juvenile is already Convention on the Rights of the Child:
eighteen years (18) of age or more at the time Provided, that said persons shall undergo
of the pronouncement of his/her guilt. appropriate counseling and treatment
d. Upon suspension of sentence and after program.
considering the various circumstances of the
child, the court shall impose the appropriate Diversion v. Intervention
disposition measures as provided in the DIVERSION INTERVENTION
Supreme Court Rule on Juveniles in Conflict An alternative, child- A series of activities
with the Law. (RA 9344, Sec. 38). appropriate process which are designed
of determining the to address issues that
PERIODS OF CRIMINAL responsibility and caused the child to
RESPONSIBILITY treatment of a child in commit an offense. It
AGE OF 15 and below conflict with the law may take the form of
ABSOLUTE on the basis of his/her an individualized
IRRESPONSIBILIT social, cultural, treatment program
Y economic, which may include
AGE OF Between 15-18 psychological or counseling, skills
CONDITIONAL educational training, education,
RESPONSIBILITY background without and other activities
18 or over resorting to formal that will enhance
AGE OF FULL court proceedings. his/her psychological,
(adolescence) to 70
RESPONSIBILITY (Section 4 (i), R.A. emotional and
(maturity)
15 or over but less 9344) psycho-social well-
AGE OF than 18, offender bein. (Section 4 (l),
MITIGATED acting with R.A. 9344)
RESPONSIBILITY discernment; over A CICL is required to A child fifteen (15)
70 years of age undergo a Diversion years of age or under
Program, after he/she at the time of the
EXEMPTING PROVISIONS UNDER RA 9344 is found responsible commission of the
(JUVENILE JUSTICE AND WELFARE ACT OF for an offense without offense is exempt
2006): resorting to formal from criminal liability,
a. SEC. 57. Status Offenses. - Any conduct not court proceedings. but shall be subjected
considered an offense or not penalized if (Section 4 (j), supra) to an intervention
committed by an adult shall not be program. (Section 6,
considered an offense and shall not be supra)
punished if committed by a child.
b. SEC. 58. Offenses Not Applicable to PLEASE SEE SPL REVIEWER FOR A MORE
Children: Persons below eighteen (18) DETAILED DISCUSSION ON DIVERSION V.
years of age shall be exempt from INTERVENTION PROGRAMS p. 347
prosecution for:
c. The crime of vagrancy and prostitution under 3. ACCIDENT WITHOUT FAULT OR
Section 202 of the Revised Penal Code, INTENTION OF CAUSING IT (PAR. 4)
d. Mendicancy under Presidential Decree No.
1563, ACCIDENT is an occurrence that happens
outside the sway of our will, and although it
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comes about through some act of our will, it lies Basis: Complete absence of freedom.
beyond the bounds of humanity foreseeable
consequences. The force must be so irresistible as to reduce the
actor to a mere instrument who acts not only
Elements: without will but against his will. The compulsion
1. A person is performing a lawful act; must be of such a character as to leave no
2. With due care; opportunity to the accused for escape or self-
3. He causes an injury to another by mere defense in equal combat. (People v. Loreno, G.R.
accident; and No. L-54414, 1984)
4. Without fault or intention of causing it.
5. UNCONTROLLABLE FEAR (PAR. 6)
Accident v. Negligence
ACCIDENT NEGLIGENCE UNCONTROLLABLE FEAR means that the
An event which under Failure to observe offender employs intimidation or threat in
the circumstance is that degree of care, compelling another to commit a crime. The
unusual or precaution and compulsion is by means of intimidation or threat,
unexpected by the vigilance which the not force or violence.
person to whom it circumstances justly
happens. demand without Elements:
which such other 1. The threat which causes the fear is of an evil
person suffers injury. greater than, or at least equal to, that which
he is required to commit; and
Basis: Lack of negligence and intent. Under this 2. It promises an evil of such gravity and
circumstance, a person does not commit either imminence that an ordinary man would have
an intentional felony or a culpable felony. succumbed to it.
When claim of accident not appreciated: Requisites:

a. Repeated blows; and 1. Existence of an uncontrollable fear;
b. Threatening words preceding it and still 2. The fear must be real and imminent; and
aiming the gun at the prostate body of the 3. The fear of an injury is greater than or at least
victim. equal to that committed.
4. IRRESISTIBLE FORCE (PAR. 5) Basis: Complete absence of freedom, an

element of voluntariness. An act done by me
IRRESISTIBLE FORCE means that the offender against my will is not my act.
uses violence or physical force to compel another
person to commit a crime. Duress to be a valid defense should be based on
real, imminent or reasonable fear for one’s life or
Elements: (PIT) limb. It should not be inspired by speculative,
1. The compulsion is by means of Physical fanciful or remote fear. A threat of future injury is
force; not enough.
2. The physical force must be Irresistible; and The accused must not have opportunity for
3. The physical force must come from a Third escape or self-defense.
person.
Passion and obfuscation cannot amount to

irresistible force.
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Irresistible Force v. Uncontrollable Fear Ordinary v. Privileged Mitigating

IRRESISTIBLE UNCONTROLLABLE Circumstances
FORCE FEAR ORDINARY PRIVILEGED
Violence or The offender employs Those enumerated in Par. 1 of Article 13,
physical force to intimidation or threat in pars. 1-10 of Article Articles 64, 68, 69;
compel another compelling another to 13;
person to commit a commit a crime. Pars. 1 and 2 are Article 64 applies only
crime. privileged mitigating when there are two or
under Article 68 as more ordinary
6. PREVENTED BY AN INSUPERABLE amended by R.A. No. mitigating
CAUSE (PAR. 7) 9344 and Article 69; circumstances
without any generic
INSUPERABLE CAUSE is some motive, which aggravating
has lawfully, morally or physically prevented a circumstances;
person to do what the law commands. Susceptible of being Cannot be offset by
offset by any aggravating
Elements: (RFL) aggravating circumstances; and
1. An act is Required by law to be done; circumstance; and
2. A person Fails to perform such act; and If not offset by an Produces the effect of
3. His failure to perform such act was due to aggravating imposing upon the
some Lawful or insuperable cause. circumstance, offender the penalty
produces only the lower by one or two
Basis: Accused acts without intent, the third effect of applying the degrees than that
condition of voluntariness in intentional felony. penalty provided by provided by law for
law for the crime in its the crime.
Examples: minimum period, in
a. A priest cannot be compelled to reveal what case of divisible
was confessed to him. penalty.
b. An officer is not liable for arbitrary detention
for failure to deliver a prisoner to a judicial
1. INCOMPLETE JUSTIFYING OR
authority when there was no available
EXEMPTING CIRCUMSTANCES (par. 1)
transportation.
c. Mitigating Circumstances Circumstances of Justification or Exemption

which may give Place to Mitigation:
General Concepts 1. Self-defense;
MITIGATING CIRCUMSTANCES are those 2. Defense of Relatives;
which, if present in the commission of the crime, 3. Defense of Strangers;
do not entirely free the actor from criminal liability, 4. State of Necessity;
but serve only to REDUCE the penalty. 5. Performance of Duty;
6. Obedience to Order of Superior;
Basis: Diminution of either freedom of action, 7. Minority: 15 and over until 18 years of age;
intelligence, or intent, or on the lesser perversity 8. Causing injury by mere Accident; and
of the offender. 9. Uncontrollable Fear.
A mitigating circumstance arising from a single Exceptions: Article 12, pars. 1 and 2 cannot give
fact absorbs all the other mitigating place to mitigation, because the mental condition
circumstances arising from that same fact. of a person is indivisible; there is no middle
ground between sanity and insanity, between
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presence and absence of intelligence. (Decs. of LEGAL EFFECTS OF VARIOUS AGES OF

Sup. Ct. of Spain of December 19, 1901 and of THE OFFENDER
October 3, 1884). 15 and below Exempted from penal
responsibility
This mitigating circumstance applies when not all Without discernment:
the requisites are present. If majority of the exempting
requisites are present, it is a privileged mitigating circumstance
circumstance. Above 15
but under 18 With discernment:
Notes: penalty is reduced by
a. Incomplete self-defense, defense of one (1) degree lower
relatives, and defense of stranger: unlawful than that imposed
aggression must be present. Minor delinquent Sentence suspended
• When 2 of the requisites mentioned are under 18 years of
present, it should be considered as a age who acted
privileged mitigating circumstance WITH discernment
referred to in Art. 69.
Over 18 years and Full criminal
b. Incomplete justifying circumstance of
below 70 responsibility
avoidance of greater evil or injury: if any of
Mitigating, no
the last 2 requisites is absent, there is only a
imposition of death of
mitigating circumstance.
death penalty, if
c. Incomplete justifying circumstance of
70 years or over already imposed,
performance of duty: there is no ordinary
execution of death
mitigating circumstance under Art. 13, par. 1,
penalty is suspended
when the justifying or exempting
and commuted.
circumstance has 2 requisites only.
d. Incomplete exempting circumstances of
3. NO INTENTION TO COMMIT SO GRAVE A
accident
WRONG (par. 3)
• If the requisites of (1) due care, and (2)
without fault are absent, the case will fall
Rule for the application: This circumstance can
under Article 365.
be taken into account only when the facts proven
show that there is a notable and evident
2. OVER 15 AND UNDER 18, IF THERE IS
disproportion between the means employed to
DISCERNMENT OR OVER 70 YEARS OLD
execute the criminal act and its consequences.
(par. 2)
(United States v. Reyes, 36 Phil. 904, 907)
a. Original provision which provides that
Factors that can be considered are:
offender under 18 is entitled to a mitigating
1. Weapon used;
circumstance of minority is deemed repealed
2. Injury inflicted;
by RA 9344.
3. Part of the body injured; and
b. Age of accused is determined by his age at
4. Mindset of offender at the time of commission
the date of commission of crime, not date of
of crime.
trial.
c. That the offender is over 70 years of age is
Notes:
only a generic mitigating circumstance.
a. Intent, being in an internal state, must be
judged by external acts.
Basis: Diminution of intelligence, a condition of
b. Not applicable when the offender
voluntariness.
employed brute force.
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c. It is the intention of the offender at the 2. It must originate from the offended party;
moment when he is committing the crime and
which is considered.
d. Appreciated in murder qualified by 3. It must be immediate to the commission of
circumstances based on manner of the crime by the person who is provoked
commission, not on the state of mind of the a. Threat must immediately precede the act.
accused.
e. Not appreciated in murder qualified by Sufficient Provocation
treachery. AS A REQUISITE AS A MITIGATING
f. Not applicable to felonies by negligence. OF INCOMPLETE CIRCUMSTANCE
g. Not applicable to felonies where intention is SELF DEFENSE
immaterial. It pertains to its It pertains to its
h. Applicable only to offenses resulting in absence on the part presence on the part
physical injuries or material harm. of the person of the offended
i. In crimes against persons who do not die as defending himself. party.
a result of the assault, the absence of the
intent to kill reduces the felony to mere THREAT should not be offensive and positively
physical injuries, but it does not constitute a strong. Otherwise, it would be an unlawful
mitigating circumstance under Art. 13, par. 3. aggression, which may give rise to self-defense
(People v. Galacgac, C.A., 54 O.G. 1207) and thus no longer a mitigating circumstance.
j. Recognizing the malum prohibitum
characteristic of hazing, the law provides that Basis: Diminution of intelligence and intent.
any person charged with the said crime shall
not be entitled to the mitigating circumstance 5. VINDICATION OF GRAVE OFFENSE (PAR.
that there was no intention to commit so 5)
grave a wrong. (People v. Tolentino, G.R. No.
208686, 2015) Requisites:
1. A grave offense done to the one committing
Basis: Intent, an element of voluntariness in the felony, his spouse, ascendants,
intentional felony, is diminished. descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity
4. PROVOCATION OR THREAT (par. 4) within the same degree; and
2. Felony is committed in immediate
PROVOCATION is any unjust or improper vindication of such grave offense.
conduct or act of the offended party, capable of
exciting, inciting or irritating anyone. Notes:
a. “Immediate” allows for a lapse of time, as
Requisites: long as the offender is still suffering from the
1. Provocation must be sufficient; mental agony brought about by the offense
a. Sufficient means adequate to excite a to him.
person to commit the wrong and must b. “Grave offense” includes any act that is
accordingly be proportionate to its gravity; offensive to the offender or his relatives and
b. Depends on: the same need not be unlawful.
i. The act constituting the c. The grave offense must be the proximate
provocation; cause or proximate to the act of the offender.
ii. Social standing of the person d. Vindication is incompatible with passion or
provoked; and obfuscation.
iii. Place and the time when the
provocation is made;
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e. The provocation should be proportionate to 2. The impulse must be so powerful that it

the damage caused by the act and adequate naturally produced passion or obfuscation
to stir one to its commission. in him.
f. Court must consider the following to
determine the gravity of the offense in Rule for the application of this paragraph:
vindication: Passion or obfuscation may constitute a
g. Social standing of the person; mitigating circumstance only when the same
h. Place; and arose from lawful sentiments.
i. Time when the insult was made.
MITIGATING NOT MITIGATING
Compare Provocation v. Vindication Accused acted upon Act is committed in a
PROVOCATION VINDICATION impulse; spirit of lawlessness;
Made directly only to The grave offense and
the person may be committed Act is committed in a
committing the felony; also against the spirit of revenge.
offender’s relatives
mentioned by the law; Further Requisites:
That cause that The offended party a. There be an act, both unlawful and sufficient
brought about the must have done a to produce such a condition of mind; and
provocation need not grave offense; b. Said act which produced the obfuscation was
be a grave offense; not far removed from the commission of the
It is necessary that The vindication of the crime by a considerable length of time, during
the provocation or grave offense may be which the perpetrator might recover his
threat immediately proximate, which normal equanimity.
preceded the act; admits of an interval
there is no interval of of time between the Notes:
time between the grave offense done a. Exercise of a right or fulfillment of duty is not
provocation and the by the offended party proper source of passion or obfuscation.
commission of the and the commission b. The act must be sufficient to produce such a
crime; and of the crime by the condition of mind.
accused; and c. The defense must prove that the act which
It is mere spite Concerns the honor produced the passion or obfuscation took
against the one giving of a person, an place at a time not far removed from the
the provocation or offense which is more commission of the crime.
threat. worthy of d. The crime committed must be the result of a
consideration than sudden impulse of natural and uncontrollable
mere spite against fury.
the one giving the e. The cause producing passion or obfuscation
provocation. must come from the offended party.
Basis: Diminution of the conditions of f. It may lawfully arise from causes existing only
voluntariness. in the honest belief of the offender.
g. It is compatible with lack of intention to
6. PASSION OR OBFUSCATION (par. 6) commite so grave a wrong.
h. Passion or obfuscation does not arise if act is
Requisites: actuated by spirit of lawlessness, jealousy,
1. The accused acted upon an impulse; and and revenge.
i. Incompatible with:
• Vindication of grave offense
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• Treachery Note: If a person kills another after the latter

• Evident Premeditation accused him of having an incestuous relationship
with his mother, the former is only guilty of
Compare Passion/Obfuscation v. homicide. He is entitled to the mitigating
Provocation circumstance of passion and obfuscation. The
PASSION/ PROVOCATION victim’s previous insults would be sufficient
OBFUSCATION provocation for the accused to stab him. (People
Comes from the Comes from the injured v. Oloverio, G.R. No. 211159, J. LEONEN, March
offender and party; 18, 2015)
produced by an
impulse which may 7. SURRENDER AND CONFESSION OF
be caused by GUILT (par.7)
provocation;
The offense which Must immediately Two Mitigating Circumstances:
engenders precede the a. Voluntary surrender to a person in authority
perturbation of mind commission of the or his agents; and
need not be crime; b. Voluntary confession of guilt before the
immediate; it is only court prior to the presentation of evidence for
required that the the prosecution.
influence thereof lasts
until the moment the Note: When both are present, they should have
crime is committed; the effect of mitigating as two independent
circumstances. (People v. Fontabla G. R. No. L-
In both, the effect is loss of reason and self-
43126, 1935)
control on the part of the offender; and
Requisites for Voluntary Surrender:
If obfuscation and provocation arose from one
1. The offender had not been actually
and the same act, both shall be treated as only
arrested;
one mitigating circumstance.
2. The offender surrenders himself to a person
in authority or to the latter’s agent;
Compare Passion/Obfuscation v. Irresistible
a. PERSON IN AUTHORITY is one directly
Force
vested with jurisdiction, i.e., a public
PASSION/ IRRESISTIBLE officer who has the power to govern and
OBFUSCATION FORCE execute the laws whether as an individual
A mitigating An exempting or as a member of some court or
circumstance; circumstance; governmental corporation, board or
No physical force, Requires physical commission;
hence, cannot give force a lot; b. AGENT OF A PERSON IN AUTHORITY
rise to an irresistible is a person, who, by direct provision of
force; the law, or by election or by appointment
Passion or Irresistible force must by competent authority, is charged with
obfuscation is in the come from a third the maintenance of public order and
offender himself; and person; and the protection and security of life and
Must arise from Unlawful. property and any person who comes to
lawful sentiments. the aid of persons in authority; and
3. The surrender was voluntary.
Basis: The offender who acts with passion or a. It must be spontaneous in such a
obfuscation suffers a diminution of his intelligence manner that it shows the interest of the
and intent. accused to surrender unconditionally to
the authorities, either because he
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acknowledges his guilt or because he c. If accused pleaded not guilty, even if during
wishes to save them the trouble and arraignment, he is entitled to mitigating
expenses necessarily incurred in his circumstance as long as he withdraws his
search and capture. plea of not guilty to the charge before the
fiscal could present his evidence.
Notes: d. The change of plea should be made at the
a. It is not mitigating when defendant was in fact first opportunity.
arrested. e. A conditional plea of guilty is not a mitigating
b. When the warrant of arrest had not been circumstance.
served or not returned unserved because the f. Plea to a lesser charge is not a mitigating
accused cannot be located, the surrender is circumstance because the plea of guilt was
mitigating. not to the offense charged.
c. The law does not require that the surrender g. Plea to the offense charged in the amended
be prior to the order of arrest. information, lesser than that charged in the
d. Surrender of weapons cannot be equated original information is a mitigating
with voluntary surrender. circumstance.
e. Voluntary surrender does not simply mean h. Where the accused pleads guilty to a capital
non-flight. It is not required that accused did offense, that court shall conduct a searching
not escape or went into hiding. inquiry into the voluntariness and full
f. The surrender must be by reason of the comprehension of the consequences of his
commission of the crime for which defendant plea and shall require the prosecution to
is prosecuted. prove his guilt and the precise degree of
g. Intention to surrender, without actually culpability.
surrendering, is not mitigating. i. Plea of guilty is not mitigating in culpable
h. There is spontaneity even if the surrender is felonies and in crimes punishable by special
induced by fear of retaliation by the victim’s laws.
relatives.
i. When the offender imposed a condition or Basis: Lesser perversity of the offender.
acted with external stimulus, his surrender is
not voluntary. 8. PHYSICAL DEFECT OF OFFENDER (par.
8)
Requisites for Voluntary Plea of Guilty:
1. The offender spontaneously confessed his Notes:
guilt; a. This is applicable when the offender is deaf
2. The confession of guilt was made in open and dumb, blind, or otherwise suffering from
court, that is, before the competent court that some physical defect, restricting his means
is to try the case; and of action, defense or communication with
3. The confession of guilt was made prior to others.
the presentation of evidence for the b. Physical defect must restrict means of action,
prosecution. defense, or communication with fellow
beings.
Notes: c. The physical defect must relate to the offense
a. Plea must be made before trial begins and committed.
at the first instance or original state, not d. This paragraph does not distinguish between
during a trial de novo or when on appeal. educated and uneducated deaf-mute or blind
b. Plea made after arraignment and after trial persons.
has begun does not entitle accused to the
mitigating circumstance. Basis: Incomplete freedom of action, an element
of voluntariness, due to physical defect, which
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restricts one’s means of action, defense, or from his private relations with the offended party,
communication with one’s fellow beings. or (3) from any other personal cause, shall only
serve to mitigate the liability of the principals,
9. ILLNESS OF THE OFFENDER (par.9) accomplices, and accessories as to whom such
circumstances are attendant. (Art. 62, par. 3)
REQUISITES:
1. The illness of the offender must diminish CIRCUMSTANCES WHICH ARE NEITHER
the exercise of his will-power; and EXEMPTING NOR MITIGATING:
2. Such illness should not deprive the 1. Mistake in the blow or aberration ictus;
offender of consciousness of his acts. 2. Mistake in the identity;
3. Entrapment;
EXAMPLES: 4. Accused is over 18 years of age; and
a. Mild behavior disorder (illness of nerves or 5. Performance of righteous action.
moral faculty);
b. Acute neurosis making a person ill- d. Aggravating Circumstances
tempered and easily angered;
General Concepts
c. Feeblemindedness (may be considered
AGGRAVATING CIRCUMSTANCES are those
under par. 8);
which, if attendant in the commission of the crime,
d. One with obsession that witches are to be
serve to increase the penalty imposed in its
eliminated akin to one with morbid infirmity
maximum period provided by law for the offense.
but still retaining unconsciousness; and
e. Schizo-affective disorder or psychosis.
Basis: The greater perversity of the offender
manifested in the commission of the felony as
Basis: Diminution of intelligence and intent.
shown by:
a. The motivating power itself;
10. SIMILAR OR ANALOGOUS
b. The place of the commission;
CIRCUMSTANCES (par. 10)
c. The means and ways employed;
d. The time; or
EXAMPLES:
e. The personal circumstances of the offender, or
a. Outraged feeling of owner of animal taken
the offended party.
for ransom analogous to vindication of a
grave offense;
Kinds of Aggravating Circumstances:
b. Impulse of jealous feeling, similar to passion
1. Generic: Generally apply to all crimes
and obfuscation;
a. Advantage taken of public position;
c. Manifestations of Battered Wife Syndrome,
b. Contempt or insult of public authority;
analogous to an illness that diminishes the
c. Crime committed in the dwelling of the
exercise of will power;
offended party;
d. Esprit de corps, similar to passion and
d. Abuse of confidence or obvious
obfuscation;
ungratefulness;
e. Voluntary restitution of stolen property, similar
e. Where crime is committed in palace of
to voluntary surrender;
Chief Executive, in his presence, or
f. Extreme poverty and necessity, similar to
where public authorities are engaged, or
incomplete justification based on state of
in a place for religious worship;
necessity; and
f. Nighttime, uninhabited place, or band;
g. Testifying for the prosecution, analogous to
g. Recidivism;
plea of guilty.
h. Reiteracion or Habituality;
i. Craft, fraud or disguise;
Note: Mitigating circumstances which arise (1)
j. Unlawful entry;
from the moral attributes of the offender, or (2)
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k. Breaking of wall, roof, floor, door or Note: Error in personae: is not a special
window; and aggravating nor a mitigating circumstance
l. Use of persons under 15 years of age; (Reyes, Book I);
2. Specific: Apply only to particular crimes Differentiating Different Kinds of Aggravating

a. Disregard of rank, age, or sex due the Circumstances
offended party in crimes against persons KINDS OF AGGRAVATING
and honor; CIRCUMSTANCES
b. Advantage of superior strength or means Those that can generally
be employed to weaken the defense; apply to crimes.
c. Treachery in crimes against persons;
d. Ignominy in crimes against chastity; GENERIC Includes paragraphs 1,2,3
e. Cruelty in crimes against persons; and (dwelling),4,5,6,9,10,14,18
f. Use of unlicensed firearm in the murder , 19, and 20, except by
or homicide committed: this is absorbed “means of motor vehicles.”
in rebellion, insurrection, sedition, and Those that apply only to
attempted coup d’état; (R.A. No. 8294) particular crimes (i.e.
ignominy in crimes against
3. Qualifying: Change the nature of the crime chastity or cruelty and
a. Alevosia (treachery) or evident treachery in crimes against
premeditation qualifies the killing of a SPECIFIC
persons);
person to murder; and
b. Art. 248 enumerates the qualifying Includes paragraphs 3
aggravating circumstances which qualify (except dwelling), 15,16,17
the killing of a person to murder; and 21.
Those that change the
4. Inherent: Must of necessity accompany the nature of the crime (i.e
commission of the crime alevosia or evident
a. Evident premeditation in robbery, theft, premeditation qualifies the
estafa, adultery and concubinage; killing of a person to
b. Abuse of public office in bribery; murder);
c. Breaking of a wall or unlawful entry into a QUALIFYING
house in robbery with the use of force Article 248 enumerates the
upon things; qualifying aggravating
d. Fraud in estafa; and circumstances which
e. Deceit in simple seduction. qualify the killing of a
person to murder.
5. Special: Those which arise under special
Those that must of
conditions to increase the penalty of the necessity accompany the
offense and cannot be offset by mitigating commission of the crime
circumstances. Examples:
(Article 62, paragraph 2);
a. Quasi-recidivism;
INHERENT
b. Complex crimes;
Evident premeditation is
c. Taking advantage of public position and inherent in robbery, theft,
membership in an organized/syndicated estafa, adultery and
crime group (Ar. 61, par. 1(a)); and
concubinage.
d. Use of unlicensed firearm in homicide or
murder.
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Bases of Aggravating Circumstances Greater perversity of the

Price, reward, or
Greater perversity of the offender as sown by the
promise (Par. 11)
offender as shown by motivating power itself.
Advantage taken the personal By means of Means and ways
of public position circumstances of the inundation, fire, employed.
(Par. 1) offender and the means etc. (Par. 12)
to secure the Ways of committing the
commission of the crime Evident crime implies a
Contempt or Greater perversity of the premeditation deliberate planning of
insult to public offender as shown by (Par. 13) the act before executing
authorities (Par. his lack of respect for it.
2) the public authorities Means employed in the
Craft, fraud, or
Greater perversity of the commission of the
disguise (Par. 14)
Disregard of offender as shown by crime.
rank, age, sex, or the personal Superior strength Means employed in the
dwelling of the circumstances of the or means to commission of the
offended party offended party and the weaken the crime.
(Par. 3) place of the commission defense (Par. 15)
of the crime. Means employed in the
Abuse of Greater perversity of the Treachery (Par.
commission of the
confidence and offender as shown by 16)
crime.
obvious the means and ways Ignominy (Par. Means employed.
ungratefulness employed. 17)
(Par. 4) Means and ways
Greater perversity of the Unlawful entry
employed to commit the
Place of offender as shown by (Par. 18)
crime.
commission of the place of the Means and ways
the offense (Par. commission of the Breaking wall
employed to commit the
5) crime, which must be (Par. 19)
crime.
respected.
Aid of minor or Means and ways
Nighttime, Time and place of the by means of employed to commit the
uninhabited commission of the crime motor vehicles crime; and
place or band and means and ways (Par. 20)
(Par. 6) employed. Ways employed in
On occasion of Time of the commission Cruelty (Par. 21)
committing the crime.
calamity or of the crime.
misfortune (Par.
Rules of Aggravating Circumstances
7) 1. Aggravating circumstances shall NOT be
Aid of armed Means and ways of appreciated if:
men, etc. (Par. 8) committing the crime. a. They constitute a crime specially
Greater perversity of the punishable by law, or
offender as shown by b. It is included by the law in defining a
Recidivist (Par. 9)
his inclination to commit crime and prescribing the penalty
crimes. therefor. (Art. 62, par. 1)
Greater perversity of the
Reiteracion or
offender as shown by Example: “That the crime be committed by
habituality (Par.
his inclination to commit means of …fire, explosion” (Art. 14, par. 12) is in
10)
crimes.
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itself a crime of arson (Art. 321) or a crime Notes:

involving destruction (Art. 324). a. Applicable only when the offender is a public
officer who takes advantage of his public
2. It shall also NOT be appreciated if any position.
aggravating circumstance is inherent in the b. The public officer must use the influence,
crime to such a degree that it must of prestige or ascendancy which his office
necessity accompany the commission gives him as the means by which he realizes
thereof. (Art. 62, par. 2) his purpose.
c. It is not aggravating if accused could have
3. Aggravating circumstances which arise from perpetrated the crime without occupying
the following shall only serve to aggravate the public position.
liability of the principals, accomplices and d. It is inherent in the case of accessories under
accessories, to whom such circumstances Art. 19, par. 3, and the crimes committed by
are attendant. (Art. 62, par. 3): public officers.
a. From the moral attributes of the offender; e. R.A. 7659 provides that crimes committed by
b. From his private relations with the a public officer will be given the penalty
offended party; or prescribed at its maximum, regardless of the
c. From any personal cause nature and number of mitigating
circumstances.
4. Aggravating circumstances which consists in f. This circumstance, taking advantage of
the following shall only serve to aggravate the public position, cannot be taken into
liability of those who had knowledge of them consideration in offenses where taking
at the time of the execution of the act or their advantage of official-position is made by law
cooperation therein. (Art. 62, par. 4): an integral element of the crime, such as in
a. In the material execution of the act; or malversation under Art. 217, or in falsification
b. In the means employed to accomplish it. of document committed by public officers
under Art. 171. (People vs. Tevez, 44 Phil.
5. Aggravating circumstances, regardless of its 275, 277)
kind, should be specifically alleged in the g. Taking advantage of public position is
information AND proved as fully as the crime inherent in the case of accessories under Art.
itself in order to increase the penalty (Sec. 9, 19, par. 3, and in crimes committed by public
Rule 110, 2000 Rules of Criminal Procedure); officers. (Arts. 204 to 245)
and
2. THE CRIME BE COMMITTED IN
6. When there is more than one qualifying CONTEMPT OF OR WITH INSULT TO THE
aggravating circumstance present, one of PUBLIC AUTHORITIES (par. 2)
them will be appreciated as qualifying
aggravating while the others will be Basis: Greater perversity of the offender, as
considered as generic aggravating. shown by his lack of respect for the public
authorities.
1. ADVANTAGE BE TAKEN BY THE
OFFENDER OF HIS PUBLIC POSITION Requisites: (ENKC)
(par. 1) 1. The public authority is Engaged in the
exercise of his functions;
Basis: Greater perversity of the offender as 2. Such public authority is Not the person
shown by the personal circumstances of the against whom the crime is committed;
offender and also by the means used to secure 3. The offender Knows him to be a public
the commission of the crime. authority; and
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4. His presence has not prevented the offender a. There must be a difference in the social
from Committing the criminal act. condition of the offender and the offended
party.
A PUBLIC AUTHORITY, sometimes called a b. Proof of fact of disregard and deliberate intent
person in authority, is a public officer who is to insult required.
directly vested with jurisdiction and has the power
to govern and execute the laws. AGE may refer to old age or the tender age of the
victim.
An AGENT OF A PERSON IN AUTHORITY is a. The circumstance of lack of respect due to
any person who, by direct provision of law or by age applies in cases where the victim is of
election or by appointment by competent tender age as well as of old age.
authority, is charged with the maintenance of b. Deliberate intent to offend or insult required.
public order and the protection and security of life c. Disregard of old age not aggravating in
and property. robbery with homicide.
Notes: SEX refers to the female sex, not to the male sex.
a. Teachers or professors of a public or a. Disregard of sex is not aggravating in the
recognized private school and lawyers are absence of evidence that the accused
not “public authority” within the deliberately intended to offend or insult the
contemplation of this paragraph. sex of the victim or showed manifest
b. Art. 14, par. 2 does not apply when the crime disrespect to her womanhood.
is committed in the presence of an agent only. b. Absorbed in treachery.
c. If the crime is committed against a public
authority while he is in the performance of his Notes:
official duty, the offender commits direct a. The 4 circumstances can be considered
assault without this aggravating single or together. If all the four
circumstance. circumstances are present, they have the
d. Knowledge that a public authority is present weight of one aggravating circumstance only.
is essential. Lack of knowledge on the part of b. Disregard of rank, age, or sex may be taken
the offender that a public authority is present into account only in crimes against persons
indicates lack of intention to insult the public or honor.
authority. c. There must be evidence that in the
commission of the crime, the accused
3. THE ACT BE COMMITTED (par. 3) deliberately intended to offend or insult the
a. With insult or in disregard of the respect sex or age of the offended party.
due the offended party on the account
of his rank, age, or sex, or When Not Applicable:
b. In the dwelling of the offended party, if the 1. Offender acted with passion and obfuscation;
latter has not given provocation. 2. There exists a relationship between the
offended party and the offender; and
Basis: Greater perversity of the offender, as 3. The condition of being a woman is
shown by the personal circumstances of the indispensable in the commission of the crime.
offended party and the place of the commission
of the crime. DWELLING must be a building or structure
exclusively used for rest and comfort; a
RANK is the designation or title of distinction combination of house and store is not included.
used to fix the relative position of the offended a. Includes dependencies, the foot of the
party in reference to others. staircase and enclosure under the house.
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b. It requires that the crime be wholly or partly c. There must be a close relation between
be committed therein or in any integral part provocation and commission of crime in the
thereof. dwelling.
c. Dwelling does not mean the permanent
residence or domicile of the offended party or Dwelling is not aggravating in the following
that he must be the owner thereof. He may cases:
be actually living therein even for a temporary 1. General Rule: When both the offender and
duration or as a guest. the offended party are occupants of the
d. It is not necessary that the accused should same house.
have actually entered the dwelling of the a. Exception: In case of adultery in the
victim; it is enough that the victim was conjugal dwelling, the same is
attacked inside his house, although the aggravating. However, if the
assailant may have devised means to paramour also dwells in the conjugal
perpetrate the assault from without. dwelling, the applicable aggravating
e. Even if the killing took place outside the circumstance is abuse of
dwelling, it is aggravating provided that the confidence.
commission of the crime was begun in the 2. General Rule: When robbery is committed
dwelling. by the use of force upon things, dwelling is
f. Dwelling is not included in the qualifying not aggravating because it is inherent.
circumstance of treachery. a. Exception: Dwelling is aggravating in
robbery with violence against or
Bases for aggravating circumstance of intimidation of persons because this
dwelling: class of robbery can be committed
a. The abuse of confidence which the offended without the necessity of trespassing
party reposed in the offender by opening the of the offended party’s house.
door to him; or 3. In the crime of trespass to dwelling, it is
b. The violation of the sanctity of the home by inherent or included by law in defining the
trespassing therein with violence or against crime.
the will of the owner. 4. When the owner of the dwelling gave
sufficient and immediate provocation.
Notes: 5. The victim is not a dweller of the house.
a. Offended party must not give provocation.
b. Meaning of provocation in the aggravating 4. THE ACT BE COMMITTED WITH ABUSE
circumstance: OF CONFIDENCE OR OBVIOUS
1. Given by the owner of the dwelling; UNGRATEFULNESS (par. 4)
2. Sufficient; and
3. Immediate to the commission of the Basis: Greater perversity of the offender, as
crime. shown by the means and ways employed.
Note: If all these conditions are present, the There are 2 aggravating circumstances present
fact that the crime is committed in the under par. 4, which must be independently
dwelling of the offended party is NOT an appreciated if present in the same case.
aggravating circumstance.
Abuse of confidence requires a special
Rationale: When it is the offended party who confidential relationship between the offender
has provoked the incident, he loses his right and the victim, while this is not required for there
to the respect and consideration due him in to be obvious ungratefulness.
his own house.
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Requisites for Abuse of Confidence: (TAF) imposing a higher penalty to deter the
1. That the offended party had Trusted the commission of such wrongful acts. (People of the
offender; Philippines v. Belen Mejares y Valencia, G.R.
2. That the offender Abused such trust by 225735, J. LEONEN, January 10, 2018.)
committing a crime against the offended
party; and Requisites of Obvious Ungratefulness: (TAU)
3. That the abuse of confidence Facilitated the 1. That the offended party had Trusted the
commission of the crime. offender;
2. That the offender Abused such trust by
Notes: committing a crime against the offended
a. The confidence between the offender and the party; and
offended party must be immediate and 3. That the act be committed with obvious
personal. Ungratefulness.
• E.g.: A jealous lover, who had already
determined to kill his sweetheart, invited Note: The ungratefulness contemplated by par. 4
her to a ride in the country. The girl, must be such clear and manifest ingratitude on
unsuspecting of his plans, went with him. the part of the accused.
While they were in the car, the jealous
lover stabbed her. It was held that this 5. THE CRIME BE COMMITTED (par. 5)
aggravating circumstance was present. a. In the palace of the Chief Executive, or
(People vs. Marasigan, 70 Phil. 583, 594) b. In his presence, or
• In contrast: In the case of U.S. vs. Torrida, c. Where public authorities are engaged
23 Phil. 189,192, it was held that the in the discharge of their duties, or
mere fact that the voters had reposed d. In a place dedicated to religious
confidence in the defendant by electing worship.
him to a public office does not mean that
he abused their confidence when he Basis: Greater perversity of the offender, as
committed estafa against them. shown by the place of the commission of the
• Abuse of confidence is inherent in crime, which must be respected.
malversation, qualified theft, estafa by
conversion or misappropriation, and Note: Actual performance of duties is not
qualified seduction. necessary when crime is committed in the palace
b. It is not a mere betrayal of trust, since the or in the presence of the Chief Executive.
offended party must be the one who actually
reposed his confidence in the offender. Requisites regarding Public Authorities:
1. Crime occurred in the public office; and
Note: If the accused is a domestic helper who 2. Public authorities are actually performing
took valuable items from her employer, she is their public duties.
liable for qualified theft. While the grave abuse of
trust and confidence per se does not produce the Requisites regarding Place Dedicated to
felony as an effect, it is a circumstance that Religious Worship: (D2ED)
aggravates and qualifies the commission of the 1. The crime occurred in a place Dedicated to
crime of theft; hence, the imposition of a higher the worship of God regardless of religion;
penalty is necessary. After accepting and allowing 2. The offender must have Decided to commit
the helper to be a member of the household, thus the crime when he entered the place of
entrusting upon such person the protection and worship;
safekeeping of the employer's loved ones and 3. The place must be Exclusively dedicated to
properties, a subsequent betrayal of that trust is public religious worship; private chapels are
so repulsive as to warrant the necessity of not included; and
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4. There must be intention to Desecrate the When these 3 circumstances are present in the
place dedicated to public religious worship. same case and their elements can subsist
independently, they shall be considered
Notes: separately. It is not applicable when the mitigating
a. Except for the third which requires that official circumstance of passion or obfuscation or
functions are being performed at the time of sufficient provocation is present in the
the commission of the crime, the other places commission of the crime.
are aggravating per se even if no official
duties or acts of religious worship are being When Nighttime, Uninhabited place or Band is
conducted there. aggravating:
b. Cemeteries are not considered as place 1. When it facilitated the commission of the
dedicated to worship. crime; or
c. Offender must have intention to commit a 2. When especially sought for by the offender to
crime when he entered the place. insure the commission of the crime or for the
purpose of impunity; or
Compare the aggravating circumstances 3. When the offender took advantage thereof
under Par. 5 and Par. 2 for the purpose of impunity.
PAR 5: WHERE PAR 2:
PUBLIC CONTEMPT OR NIGHTTIME (obscuridad) is that period of
AUTHORITIES INSULT TO darkness beginning at the end of dusk and ending
ARE ENGAGED PUBLIC at dawn.
IN THE AUTHORITIES a. Commission of the crime must begin and be
DISCHARGE OF accomplished in the nighttime.
THEIR DUTIES b. When the place of the crime is illuminated by
Public authorities are in the performance of their light, nighttime is not aggravating.
duties. c. Nighttime is not especially sought for when
PLACE WHERE PUBLIC DUTY IS the notion to commit the crime was conceived
PERFORMED of shortly before commission or when crime
In their office Outside of their office was committed at night upon a casual
OFFENDED PARTY encounter.
d. A bare statement that crime was committed
May or may not be the Public authority should
at night is insufficient. The information must
public authority. not be the offended
allege that nighttime was sought for or taken
party; the crime is
advantage of, or that it facilitated the crime.
merely committed in his
e. Circumstance of nocturnity, although not
presence.
specially sought for, shall aggravate criminal
liability if it facilitated the commission of the
6. THE CRIME BE COMMITTED (par. 6):
offense or the offender took advantage of the
(NUB)
same to commit the crime.
a. In the Nighttime, or
b. In an Uninhabited place, or
When Both Nighttime and Treachery are
c. By a Band, whenever such circumstance
Present:
may facilitate the commission of the
General Rule: Nighttime is absorbed in
offense.
treachery.
Basis: Time and place of the commission of the
Exception: Where both the treacherous mode of
crime and means and ways employed.
attack and nocturnity were deliberately decided
upon in the same case, they can be considered
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separately if such circumstances have different OR OTHER CALAMITY OR MISFORTUNE

factual bases. (par. 7).
UNINHABITED PLACE (despoblado) is one Basis: Time of the commission of the crime.
where there are no houses at all, or a place at a Reason for the aggravation: Debased form of
considerable distance from town, where the criminality met in one who, in the midst of a great
houses are scattered at a great distance from calamity, instead of lending aid to the afflicted,
each other. adds to their suffering by taking advantage of their
a. Solitude must be sought to better attain the misfortune to despoil them.
criminal purpose – an easy and uninterrupted
accomplishment or insure concealment. Requisites:
b. What should be considered is whether in the 1. The crime was committed when there was a
place of the commission of the offense, there calamity or misfortune similar to
was a reasonable possibility of the victim conflagration, shipwreck, earthquake or
receiving some help. epidemic; and
2. The offender took advantage of the state of
BAND (en cuadrilla) refers to a situation where confusion or chaotic condition from such
there are more than 3 armed malefactors that misfortune.
shall have acted together in the commission of an
offense. Notes:
a. There must be 4 or more armed men. a. This will not apply if the offender was
b. The armed persons contemplated must all be provoked by the offended party during the
principals by direct participation who acted calamity/misfortune.
together in the execution of the acts b. The offender must take advantage of the
constituting the crime; in this case, calamity or misfortune.
conspiracy is presumed.
c. If one of the four-armed malefactors is a 8. THE CRIME BE COMMITTED WITH THE
principal by inducement, they do not form a AID OF (par. 8):
band because he had no direct participation. a. Armed men, or
d. “By a band” is aggravating in crimes against b. Persons who insure or afford impunity.
property or against persons or in the crime
of illegal detention or treason but does not Basis: Means and ways of committing the
apply to crimes against chastity. (Reyes, crime.
Book II citing People v Corpus, C.A. 43 O.G.
2249) Requisites:
e. This is inherent in brigandage. 1. That armed men or persons took part in the
f. This is absorbed in the circumstance of commission of the crime, directly or
abuse of superior strength and use of indirectly; and
firearms, EXCEPT when the firearm has no 2. That the accused availed himself of their aid
license or there is a lack of license to carry or relied upon them when the crime was
the firearm. committed.
g. When the armed men met up casually with
others, and a crime was thereafter Rule for the application of the circumstance:
committed, it cannot be considered as an The casual presence of armed men near the
aggravating circumstance. place where the crime was committed does not
constitute an aggravating circumstance when it
7. CRIME BE COMMITTED ON THE appears that the accused did not avail of their aid
OCCASION OF A CONFLAGRATION, or rely upon them to commit the crime.
SHIPWRECK, EARTHQUAKE, EPIDEMIC
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Notes: convicted by final judgment of another crime

a. This aggravating circumstance requires that embraced in the same title of the RPC.
the armed men are accomplices who take A recidivist is entitled to the benefits of the
part in a minor capacity directly or indirectly, Indeterminate Sentence Law but is disqualified
and not when they were merely present at the from availing credit of his preventive
crime scene. imprisonment.
b. If there are four armed men, aid of armed
men is absorbed in employment of a band. If Requisites: (TPSC)
there are three armed men or less, aid of 1. That the offender is on Trial for an offense;
armed men may be the aggravating 2. That he was Previously convicted by final
circumstance. judgment of another crime;
c. It shall not be considered when both the 3. That both the first and the second offenses
attacking party and the party attacked were are embraced in the Same title of the Code;
equally armed. and
d. It is not present when the accused as well as 4. That the offender is Convicted of the new
those who cooperated with him in the offense.
commission of the crime acted under the
same plan and for the same purpose. “At the time of his trial for one crime”
e. Mere moral or psychological aid or reliance is a. It is employed in its general sense, including
sufficient to constitute this aggravating the rendering of the judgment. It is meant to
circumstance. include everything that is done in the course
of the trial, from arraignment until after
Compare By a band v. With the aid of armed sentence is announced by the judge in open
men court.
BY A BAND (PAR. 6) WITH THE AID OF b. It is sufficient that the succeeding offense be
ARMED ME (PAR. 8) committed after the commission of the
As to NUMBER preceding offense provided that at the time of
Requires more than At least two his trial for the second offense, the accused
three armed had already been convicted of the first
malefactors offense.
As to ACTION c. Amnesty extinguishes the penalty and its
effects.
More than three Present even if one of
d. Pardon does not obliterate the fact that the
armed malefactors the offenders merely
shall have acted relied on their aid; accused is a recidivist. Thus, even if the
together in the actual aid is not accused was granted a pardon for the first
offense but he commits another felony
commission of an necessary
embraced in the same title of the Code, the
offense
first conviction is still counted to make him a
As to LIABILITY
recidivist
Band members are all Armed men are mere
e. Being an ordinary aggravating circumstance,
principals accomplices
recidivism affects only the periods of a
penalty, EXCEPT in prostitution (Art. 202)
9. THE ACCUSED IS A RECIDIVIST (par. 9)
and gambling (PD 1602) wherein recidivism
increases the penalties by degrees. No other
Basis: Greater perversity of the offender, as
generic aggravating circumstance produces
shown by his inclination to crimes.
this effect.
f. If both offenses were committed on the same
A RECIDIVIST is one who at the time of his trial
date, they shall be considered as only one,
for one crime, shall have been previously
hence, they cannot be separately counted in
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order to constitute recidivism. Judgments of should be aggravated by recidivism, which

conviction handed down on the same day can easily be proven.
shall be considered as only one conviction. c. The court must exercise its discretion in
• Rationale: Because the RPC requires applying this aggravating circumstance
that to be considered as separate against the accused.
convictions, at the time of his trial for
one crime the accused shall have been FORMS OF REPETITION
previously convicted by final judgment of Generic aggravating
the other. RECIDIVISM circumstance
g. To prove recidivism, it is necessary to allege (Par. 9, Art. 14)
the same in the information and to attach Generic aggravating
thereto a certified copy of the sentence REITERACION OR
circumstance
rendered against the accused. HABITUALITY
(Par. 10, Art. 14)
h. Recidivism must be taken into account no
Extraordinary
matter how many years have intervened
aggravating
between the first and second felonies.
circumstance (Par. 5,
Art. 62)
10. THE OFFENDER HAS BEEN PREVIOUSLY
PUNISHED: (par. 10)
BUT Note: Strictly
a. For an offense to which the law attaches
MULTI-RECIDIVISM speaking, habitual
an equal or greater penalty or
OR HABITUAL delinquency is not an
b. For two or more crimes to which it
DELINQUENCY “aggravating
attaches a lighter penalty.
circumstance” as it
neither qualifies nor
Basis: Greater perversity of the offender as
increases the penalty
shown by his inclination to crimes.
for the given felony, but
provides for a separate
Requisites of Reiteracion or Habituality:
or additional penalty.
1. That the accused is on trial for an offense;
Special aggravating
2. That he previously served sentence for QUASI-RECIDIVISM
circumstance (Art. 160)
another offense to which the law attaches an
a. Equal; or
b. Greater penalty; or 11. THE CRIME BE COMMITTED IN
c. For two or more crimes to which it CONSIDERATION OF A PRICE, REWARD
attaches a lighter penalty than that for OR PROMISE (par. 11)
the new offense; and
3. That he is convicted of the new offense. Basis: Greater perversity of the offender, as
shown by the motivating power itself.
Notes:
a. Quasi-recidivism cannot at the same time Requisites:
constitute reiteracion since the former exists 1. There are at least two principals:
before accused begins to serve sentence or a. The principal by inducement (one who
while serving the same while the latter exists offers); and
after accused has duly served sentence, b. The principal by direct participation
hence this aggravating circumstance cannot (accepts);
apply to a quasi-recidivist. 2. The price, reward, or promise should be
b. If the same set of facts constitutes recidivism previous to and in consideration of the
and reiteracion, the liability of the accused commission of the criminal act.
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Notes: d. When there is no actual design to kill a

a. The circumstance is applicable to both person in burning a house, it is plain arson
principals. It affects the person who received even if a person is killed. Had there been an
the price / reward as well as the person who intent to kill, the crime committed is murder,
gave it as a qualifying circumstance, if qualified by the circumstance that the crime
applicable (e.g. murder). was committed by means of fire.
b. If without previous promise, it was given e. Fire, explosion, and derailment of locomotive
voluntarily after the crime had been may be part of the definition of a particular
committed as an expression of his crime such as arson, crime involving
appreciation for the sympathy and aid shown destruction, and damages and obstruction to
by the other accused, it should not be taken means of communication; in these cases,
into consideration for the purpose of they do not serve to increase the penalty.
increasing the penalty.
c. The price, reward or promise need not Compare By means of inundation, fire, etc v.
consist of material things or need not be On occasion of conflagration, shipwreck
actually delivered, it being sufficient that the BY MEANS OF ON THE OCCASION
offer made be accepted before the INUNDATION, FIRE OF A
commission of the offense. ETC (PAR. 12) CONFLAGRATION,
d. The inducement must be the primary SHIPWRECK, ETC.
consideration for the commission of the (PAR. 7)
crime. The crime is The crime is
committed by means committed on the
12. THE CRIME BE COMMITTED BY MEANS of any such acts occasion of a
OF: (par. 12) involving great waste calamity or
a. Inundation; or ruin. misfortune.
b. Fire;
c. Poison; Rules as to the Use of Fire:
d. Explosion; ACT OF THE CRIME
e. Stranding of a vessel or intentional ACCUSED COMMITTED
damage thereto; Intent was only to Simple arson with a
f. Derailment of a locomotive; and burn house but specific penalty (Art.
g. By the use of any other artifice somebody dies 326)
involving great waste and ruin.
If fire was used as a Murder
means to kill
Basis: Means and ways employed.
Separate crimes of
If fire was used to
arson and
Notes: conceal the killing
murder/homicide
a. The circumstances under this paragraph will
only be considered as aggravating when they
13. THE ACT BE COMMITTED WITH EVIDENT
are used by the offender as a means to
PREMEDITATION (par. 13)
accomplish a criminal purpose.
b. When another aggravating circumstance
Basis: It has reference to the ways of committing
already qualifies the crime, any of these
the crime, because evident premeditation implies
aggravating circumstances shall be
a deliberate planning of the act before executing
considered as generic aggravating
it.
circumstance only.
c. Inundation refers to use of water or causing
the water to flood in the commission of the
offense.
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Requisites: against the offender the aggravating

The prosecution must prove – circumstance of premeditation, because
1. The time when the offender determined to whoever is killed by him is contemplated in
commit the crime; his premeditation.
• Mere threat not of a direct and specific d. Evident premeditation, while inherent in
character shows accused was robbery, may be aggravating in robbery with
undetermined; homicide if the premeditation included the
2. An act manifestly indicating that the killing of the victim.
culprit has clung to his determination; and e. If the accused kills another person, there is
• The premeditation must be based upon no evident premeditation attendant if the
external acts and not presumed from prosecution fails to establish the time when
mere lapse of time; the accused resolved to kill victim. For
3. A sufficient lapse of time between the evident premeditation to be appreciated, it is
determination and execution, to allow him indispensable to show how and when the
to reflect upon the consequences of his plan to kill was hatched or how much time has
act and to allow his conscience to elapsed before it was carried out. The
overcome the resolution of his will. accused’s act of lurking outside and waiting
• The offender must have an opportunity to for the victim to emerge does not constitute
coolly and serenely think and as an overt act indicating his resolution to kill.
deliberate on the meaning and the (People v Ordona y Rendon, G.R. No.
consequences of what he planned to 227863, J. LEONEN, September 20, 2017)
do, an interval long enough for his
conscience and better judgment to Effect of Conspiracy on Evident
overcome his evil desire and Premeditation: Conspiracy Presupposes
scheme. Premeditation
a. General Rule: Where conspiracy is directly
Essence of Premeditation: established, with proof of the attendant
The execution of the criminal act must be deliberation and selection of the method, time
preceded by cool thought and reflection upon the and means of executing the crime, the
resolution to carry out the criminal intent during existence of evident premeditation can be
the space of time sufficient to arrive at a calm taken for granted.
judgment. (People v. Durante, 53 Phil. 363, b. Exception: When conspiracy is only
1929). implied, evident premeditation may not be
appreciated, in the absence of proof as to
Notes: how and when the plan to kill the victim was
a. There must be evidence showing that the hatched or what time had elapsed before it
accused meditated and reflected on his was carried out.
intention between the time when the crime
was conceived by him and the time it was Evident Premeditation Not Aggravating
actually perpetrated. When:
b. Premeditation is absorbed by reward or a. General Rule: Evident premeditation may
promise only insofar as the inducer is not be taken into account when the person
concerned, but not the person induced since whom the defendant proposed to kill was
one can be a principal by direct participation different from the one who became his victim
without the benefit of due reflection. (error in personae).
c. When the victim is different from that b. Exception: There was a general plan to kill
intended, premeditation is not aggravating. anyone to commit the crime premeditated.
However, if the offender premeditated on the
killing of any person, it is proper to consider
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14. CRAFT, FRAUD, OR DISGUISE BE Notes:

EMPLOYED (par. 14) a. Craft and fraud may be absorbed in treachery
if they have been deliberately adopted as the
Basis: Means employed in the commission of the means, methods or forms for the treacherous
crime. strategy, or they may co-exist independently
where they are adopted for different purposes
Application of Par. 14 in the commission of the crime.
Craft (astucia): Involves intellectual trickery or b. Where the accused pretended to hire the
cunning on the part of the accused; A chicanery driver in order to get his vehicle, it was held
resorted to by the accused to aid in the execution that there was craft directed to the theft of the
of his criminal design. It is employed as a scheme vehicle, separate from the means
in the execution of the crime. subsequently used to treacherously kill the
defenseless driver. (People v. San Pedro,
NOT AGGRAVATING: G.R. No. L-44274, 1980).
1. Where the unlawful scheme could have c. An information is sufficient when the accused
been carried out just the same even without is fully apprised of the charge against him to
the pretense. (People v. Aspili, G.R. Nos. enable him to prepare his defense. The
89418-19, 1990) inclusion of the phrase "wearing masks
2. Craft partakes of an element of the offense. and/or other forms of disguise" in the
information does not violate their
Fraud (fraude): Insidious words or machinations constitutional rights. The introduction of the
used to induce the victim to act in a manner which prosecution of testimonial evidence that
would enable the offender to carry out his design. tends to prove that the accused were masked
but the masks fell off does not prevent them
Compare Fraud v. Craft from including disguise as an aggravating
FRAUD CRAFT circumstance. What is important in alleging
The act of the disguise as an aggravating circumstance is
There is a direct that there was a concealment of identity by
accused done in
inducement by the accused. (People v. Feliciano, G.R. No.
order not to arouse
insidious words or 196735, J. LEONEN, May 5, 2014)
the suspicion of the
machinations.
victim.
15. ABUSE OF SUPERIOR STRENGTH (par.
Disguise (disfraz): Resorting to any device to 15), THAT:
conceal identity. a. Advantage be taken of superior
a. The fact that the mask subsequently fell down strength, or
thus paving the way for this one’s b. Means be employed to weaken the
identification does not render the aggravating defense.
circumstance of disguise inapplicable.
(People v. Cabato, G.R. No. L-37400, 1988) Basis: Means employed in the commission of the
b. The purpose of the offender in using any crime.
device must be to conceal his identity.
c. The test of disguise is whether the device or Notes:
contrivance resorted to by the offender was a. Par. 15 contemplates two aggravating
intended to or did make identification more circumstances, either of which qualifies a
difficult, such as the use of a mask or false killing to murder. (Art. 248)
hair or beard. b. To take advantage of superior strength
means to deliberately use excessive force
that is out of proportion to the means for
self- defense available to the person
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attacked. (People v. Lobrigas, G.R. No. regardless of the overpower their

147649, 2002) comparative strength relatively weaker
c. For abuse of superior strength, the test is the of the victim/victims. victim or victims.
relative strength of the offender and the
victim, whether or not he took advantage The offender employs means that materially
of his greater strength. weaken the resisting power of the offended party.
Superior strength not taken advantage of: EXAMPLES:

a. When one attacks another with passion and a. Where one, struggling with another, suddenly
obfuscation; throws a cloak over the head of his opponent
b. When a quarrel arose unexpectedly and the then he wounds or kills him.
fatal blow was struck at a time when the b. When the offender, who had the intention to
aggressor and his victim were engaged kill the victim, made the deceased
against each other as man to man; and intoxicated, thereby materially weakening the
c. When attack on victim was made alternately. latter’s resisting power.
Notes: Note: This circumstance is applicable only to

a. There must be evidence that the accused crimes against persons, and sometimes against
were physically stronger and that they person and property, such as robbery with
abused such superiority. physical injuries or homicide.
b. The aggravating circumstance depends on
the age, size and strength of the parties – that 16. THE ACT BE COMMITTED WITH
there be notorious inequality of forces. TREACHERY (ALEVOSIA) (par. 16)
c. Number of aggressors, if armed, may point to
abuse of superior strength. Basis: Means and ways employed in the
d. There is abuse of superior strength when commission of the crime.
weapon used is out of proportion to the
defense available to the offended party. There is treachery when the offender commits
e. When there are several offenders any of the crimes against the person, employing
participating in the crime, they must all be means, methods or forms in the execution
principals by direct participation and their thereof, which tends directly and specially to
attack against the victim must be concerted insure its execution without risk to himself arising
and intended to be so. from the defense which the offended party might
f. Abuse of superior strength is inherent in the make. Treachery means that the offended party
crime of parricide where the husband kills the was not given opportunity to make a defense.
wife. It is generally accepted that the husband
is physically stronger than the wife. Requisites:
g. Superior strength is absorbed and inherent in 1. At the time of the attack, the victim was not
treachery. (People v Mobe, 81 Phil. 58) in a position to defend himself; and
h. Superior strength absorbs cuadrilla (band). 2. The offender consciously adopted the
particular means, method or form of attack
Compare Aggravating Circumstances of employed by him.
Superior Strength v. ‘Committed By a Band’
BY A BAND SUPERIOR Note: It is not only the relative position of the
STRENGTH parties but also whether or not the victim was
Committed by more Taking advantage by forewarned or afforded the opportunity to make a
than three armed the culprits of their defense or to ward off the attack.
malefactors collective strength to
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Rules Regarding Treachery: People, G.R. 181843, J. LEONEN, July 14,

a. Applicable only to crimes against persons; 2014)
b. Means, methods or forms need not insure e. However, People v. Ramolete considered
accomplishment of crime but only its treachery as aggravating even if the accused
execution; and shot the victim on his back without
c. The mode of attack must be consciously deliberation because the latter was trying to
adopted. escape through the window.
f. Treachery is appreciated even if the crime
Notes: against the person is complexed with another
a. The characteristic and unmistakable felony involving a different classification in the
manifestation of treachery is the deliberate, Code. Thus, in the special complex crime of
sudden and unexpected attack of the victim robbery with homicide, treachery can be
without any warning and without giving him appreciated insofar as the killing is
an opportunity to defend himself or repel the concerned.
initial assault. All three must concur; g. Treachery may exist even if the attack is face
otherwise, there can be no treachery. to face, where it appears that the attack was
b. As can be gleaned from jurisprudence, the not preceded by a dispute and the offended
suddenness and unexpectedness of the party was unable to prepare himself for his
attack refers to the manner by which it is defense.
executed and not to the formulation (which h. Attack from behind is not always treachery –
must be deliberate or thought of by the it must appear that such mode of attack was
offender) of the manner of execution. (People consciously adopted and the question of risk
v. Cadag, G.R. No. L-13830, 1961) to offender be taken into account.
c. When the victim’s hands are held by two i. General rule: Treachery must be proved by
other persons while he is stabbed, and four clear and convincing evidence and cannot be
persons, who are armed with knives, gangs presumed.
up on him, the victim is completely deprived j. Exception: Treachery applies in the killing of
of any prerogative to defend himself or to a child even if the manner of attack is not
retaliate. (People v. Castro, G.R. No. 211053, shown.
J. LEONEN, November 29, 2017) k. The mode of attack must be consciously
d. The unexpectedness of an attack cannot be adopted.
the sole basis of a finding of treachery, even l. The accused must make some preparation to
if the attack was intended to kill another, as kill the deceased in such a manner as to
long as the victim’s position was merely insure the execution of the crime or to make
accidental. For treachery to attend, there it impossible or hard for the person attacked
must be a deliberate or conscious adoption of to defend himself or retaliate.
means, methods, or manners of execution m. The mode of attack must be thought of by the
that would ensure success in committing the offender, and must not spring from
crime. If the prosecution cannot prove that unexpected turn of events.
the accused deliberately sought these
means, methods, or manners of execution, When Must Treachery be Present:
there can be no finding of treachery. This is a. When the aggression is continuous,
because the attack might have been done on treachery must be present in the beginning
impulse or as a reaction to the victim’s of the assault.
provocation, whether real or imagined. • Example: Even if the deceased was
Generally, this type of provocation negates shot while he was lying wounded on the
the existence of treachery as it does not lend ground, it appearing that the firing of the
itself to premeditation. (Cirera y Ustelo v. shot was a mere continuation of the
assault in which the deceased was
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wounded, with no appreciable time d. Cuadrilla (“band”);

intervening between the delivery of the e. Aid of armed men; and
blows and the firing of the shot, it cannot f. Nighttime.
be said that the crime was attended by
treachery. Note: Treachery cannot co-exist with passion or
b. When the assault was not continuous, in obfuscation.
that there was interruption, it is sufficient that
treachery was present at the moment the Compare Treachery v. Abuse of superior
fatal blow was given. strength v. Means employed to weaken the
• Example: Hence, if there was a break in defense
the continuity of the aggression and at MEANS
the time of the fatal wound was inflicted ABUSE OF EMPLOYED
on the deceased he was defenseless; TREACHERY SUPERIOR TO WEAKEN
the circumstance of treachery must be STRENGTH THE
taken into account. DEFENSE
c. Treachery must be present at the time of Means, Offender only Means are
inception of the attack, and not after. Even if methods, or takes employed but it
the treachery occurs in the subsequent forms advantage of materially
stages of the assault, if it was absent from the employed by his superior weakens the
beginning, it cannot be appreciated as an the offender to strength and resisting power
aggravating or qualifying circumstance. make it does not of the offended
Failing to prove the presence of the qualifying impossible or employ party
circumstance of treachery, the accused are hard for the means,
guilty of the crime of homicide, not murder. offended party methods, or
(People v. Magallano, Jr. y Flores, G.R. to put any sort forms of
220721, J. LEONEN, December 10, 2018) of resistance attack
Treachery Should be Considered Even If: 17. MEANS BE EMPLOYED OR

a. The victim was not predetermined but there CIRCUMSTANCES BROUGHT ABOUT
was a generic intent to treacherously kill any WHICH ADD IGNOMINY TO THE NATURAL
first two persons belonging to a class. (The EFFECTS OF THE ACT (par. 17)
same rule obtains for evident premeditation).
b. There was aberratio ictus and the bullet hit Basis: Means employed
a person different from that intended. (The Ignominy is a circumstance pertaining to the
rule is different in evident premeditation). moral order, which adds disgrace and obloquy to
c. There was error in personae, hence the the material injury caused by the crime.
victim was not the one intended by the
accused. (A different rule is applied in evident Notes:
premeditation). a. It is applicable to crimes against chastity, less
serious physical injuries, light or grave
Reason: It is nonetheless impossible for coercion, and murder.
either the intended victim or the actual victim b. It is inherent in libel and acts of
to defend himself against the aggression. lasciviousness.
Treachery Absorbs: (ACE CAN) Meaning of “which add ignominy to the

a. Abuse of superior strength; natural effects of the act:”
b. Craft; a. The means employed or the circumstances
c. Employing means to weaken the brought about must tend to make the effects
defense;
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of the crime more humiliating or to put the Notes:

offended party to shame. a. Applicable only if such acts were done by the
b. Injured party must not be dead when the act offender to effect entrance.
causing ignominy was inflicted to him b. It is not necessary that the offender should
because the act must add to the injured have entered the building. What aggravates
party’s moral suffering. the liability is the breaking of a part of the
building as a means of committing the crime.
Compare Ignominy v. Cruelty
IGNOMINY (PAR. Compare breaking as means to commission
CRUELTY (PAR. 21)
17) of the crime v. After an unlawful entry
Involves moral Refers to physical BREAKING AS
suffering suffering MEANS TO AFTER AN
COMMISSION OF UNLAWFUL ENTRY
18. MEANS BE EMPLOYED OR THE CRIME (PAR. (PAR. 18)
CIRCUMSTANCES BROUGHT ABOUT 19)
WHICH ADD IGNOMINY TO THE NATURAL Involves the Presupposes that
EFFECTS OF THE ACT (par. 18) breaking there is no such
(rompimiento) of the breaking as by entry
Basis: Means and ways employed to commit enumerated parts of through the window.
the crime. the house.
There is unlawful entry when an entrance (not
escape) is effected by a way not intended for the WHERE BREAKING OF DOOR OR WINDOW
purpose. IS LAWFUL:
a. An officer, in order to make an arrest, may
One who acts, not respecting the walls erected by break open a door or window of any
men to guard their property and provide for their building in which the person to be arrested is
personal safety, shows a greater perversity, a or is reasonably believed to be (Sec. 11, Rule
greater audacity, hence, the law punishes him 113, of Rules of Court); and
with more severity. b. An officer, if refused admittance, may break
open any door or window to execute the
Notes: search warrant or liberate himself. (Sec. 7,
1. Dwelling and unlawful entry taken separately Rule 126 of ROC).
as aggravating circumstances in murders
committed in a dwelling. 20. THE CRIME BE COMMITTED: (par. 20)
2. May be considered as aggravating in robbery a. With the aid of persons under 15 years of
with violence against or intimidation of age, or
persons. b. By means of motor vehicles, airships, or
3. Not aggravating in trespass to dwelling as other similar means.
unlawful entry is inherent therein.
Basis: Means and ways employed to commit
19. AS A MEANS TO THE COMMISSION OF A the crime.
CRIME, A WALL, ROOF, FLOOR, DOOR, OR
WINDOW BE BROKEN (par. 19) Two different circumstances grouped in this
paragraph:
Basis: Means and ways employed to commit 1. With the aid of persons under fifteen
the crime. years of age
a. Intends to repress the frequent practice
resorted to by professional criminals to
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avail themselves of minors taking order unnecessarily to prolong physical

advantage of their irresponsibility. suffering.
c. If the victim was already dead when the acts
2. By means of motor vehicles, airships, or of mutilation were being performed, this
other similar means would also qualify the killing to murder due to
a. Intended to counteract the great outraging of his corpse. (Art. 248)
facilities found by modern criminals in d. Number of wounds alone does not show
said means to commit crime and flee cruelty, it being necessary to show that the
and abscond once the same is accused deliberately and inhumanly
committed. increased the sufferings of the victims.
b. Use of motor vehicle is aggravating
where the accused purposely and Note: Unlike mitigating circumstances (par. 10,
deliberately used the motor vehicle in Art. 13), there is NO provision for aggravating
going to the place of the crime, in circumstances of a similar or analogous
carrying away the effects thereof, and in character.
facilitating their escape.
c. Other similar means refers to 22. OTHER AGGRAVATING
motorized vehicles or other efficient CIRCUMSTANCES UNDER SPECIAL
means of transportation similar to PENAL LAWS
automobile or airplane.
d. Not aggravating: used only to 1. USE OF UNLICENSED FIREARMS
facilitate the escape or use was merely a. If homicide or murder is committed with
incidental and not purposely sought to the use of an unlicensed firearm, such
facilitate the commission of the offense use of an unlicensed firearm shall be
considered as an aggravating
21. THE WRONG DONE IN THE COMMISSION circumstance. (Sec. 1, par. 3)
OF THE CRIME BE DELIBERATELY b. When a person commits any crime under
AUGMENTED BY CAUSING OTHER the Revised Penal Code or Special Laws
WRONG NOT NECESSARY FOR ITS with the use of explosives including but
COMMISSION (par. 21) not limited to pillbox, molotov cocktail
bombs, detonation agents or incendiary
Basis: Ways employed to commit the crime. devises resulting in the death of a person,
the same is aggravating. (Sec. 3)
There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly and 2. COMPREHENSIVE DANGEROUS DRUGS
gradually, causing unnecessary physical pain ACT
in the consummation of the criminal act. a. When a crime is committed by an
offender who is under the influence of
Requisites: dangerous drugs, such state shall be
1. The injury caused be deliberately considered as a qualifying aggravating
increased by causing other wrong; and circumstances. (Sec. 25)
2. The other wrong be unnecessary for the b. For drug pushers who use minors or
execution of the purpose of the offender. mentally incapacitated individuals as
runners, couriers and messengers, or in
Notes: any other capacity directly connected to
a. Cruelty is inherent in mutilation. the dangerous drugs and/or controlled
b. The wounds found on the body of the victim precursors and essential chemical trade,
must be inflicted while he was still alive in the maximum penalty shall be imposed in
every case. (Sec. 5)
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c. If the victim of the offense is a minor or a 1. RELATIONSHIP

mentally incapacitated individual, or The alternative circumstance of relationship shall
should a dangerous drug and/or a be taken into consideration when the offended
controlled precursor and essential party is the:
chemical involved in any offense herein 1. Spouse;
provided be the proximate cause of death 2. Ascendant;
of a victim thereof, the maximum penalty 3. Descendant;
provided for under this Section shall be 4. Legitimate, natural, or adopted brother or
imposed. (Sec. 5) sister; or
5. Relative by affinity, in the same degree, of
SPECIFIC AGGRAVATING CIRCUMSTANCES: the offender;
a. Violation of domicile: nighttime, papers or 6. Stepfather or stepmother and stepson or
effects not returned immediately; stepdaughter (People v. Bersabal,
b. Interruption of religious worship: violence or G.R. No. 24532, December 11, 1925); and
threats; 7. Adoptive parent and adopted child.
c. Direct assault: weapon, offender is a public
officer or employee, offender lays hands When Relationship is Mitigating:
upon a person in authority; 1. Crimes against property, by analogy, to the
d. Grave threats: in writing, thru a middleman; provisions of Art. 332:
e. Robbery with violence against or intimidation a. Robbery, usurpation, fraudulent
of persons: uninhabited place, band, insolvency, and arson; and
EXCEPT robbery with homicide or robbery b. Relationship is exempting in theft,
with rape; and estafa, and malicious mischief.
f. Robbery with force upon things: uninhabited 2. Crimes against persons
place and by a band. a. When the offense committed is less
g. Ignominy in crimes against chastity serious physical injuries or slight
h. Cruelty and treachery in crimes against physical injuries and the offended
persons. party is a relative of a lower degree.
e. Alternative Circumstances When Relationship is Aggravating:

1. Crimes against persons
ALTERNATIVE CIRCUMSTANCES are those
a. It is aggravating where the offended
that must be taken into consideration as
party is a relative of
aggravating or mitigating according to the nature
i. A higher degree than the offender,
and effects of the crime and the other conditions
or
attending its commission.
ii. When the offender and the
offended party are relatives of the
Basis: Nature and effects of the crime and the
same degree.
other conditions attending its commission.
b. In physical injuries
Alternative Circumstances:
i. The crime against persons is
a. Relationship;
serious physical injuries, even if
b. Intoxication; and
the offended party is a descendant
c. Degree of instruction and education of the
of the offender. But the serious
offender.
physical injuries must not be inflicted
by a parent upon his child by
excessive chastisement.
ii. The offense committed is less
serious physical injuries or slight
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physical injuries if the offended own protection to impose a more sever

party is relative of a higher degree penalty.
of the offender.
Compare When Mitigating v. Aggravating
c. When the crime is homicide or murder, MITIGATING AGGRAVATING
relationship is aggravating even if the victim If intoxication is not If intoxication is
of the crime is a relative of a lower degree. habitual; or habitual; or
If intoxication is not If it is intentional
d. In rape, relationship is aggravating where subsequent to the (subsequent to the
a stepfather raped his stepdaughter, or in a plan to commit a plan to commit a
case where a father rapes his own daughter. felony felony)
2. Crimes against chastity A habitual drunkard is one given to intoxication

a. In acts of lasciviousness, relationship by excessive use of intoxicating drinks. Once
is always aggravating, regardless of intoxication is established by satisfactory
whether the offender is a relative of a evidence, in the absence of proof to the contrary,
higher or lower degree of the offended it is presumed to be non-habitual or unintentional.
party.
To be Entitled to the Mitigating Circumstance,
When Relationship is an Element of the it Must be Shown That:
Offense a. At the time of the commission of the criminal
When the qualification given to the crime is act, he has taken such quantity of alcoholic
derived from the relationship between the drinks as to blur his reason and deprive him
offender and the offended party, it is neither of a certain degree of control; and
mitigating nor aggravating, because it is b. Such intoxication is not habitual, or
inseperable from and inherent in the offense. subsequent to the plan to commit the felony.
Examples: Note:
1. Parricide a. Intoxication must diminish the agent’s
2. Adultery capacity to know the injustice of his acts, and
3. Concubinage his will to act accordingly.
b. The quantity consumed prior to the
2. INTOXICATION commission of the crime must be sufficient to
produce the effect of obfuscating reason.
Basis (People v. Rebucan, G.R. No. 182551, July
a. As a mitigating circumstance, it finds its 27, 2011)
reason in the fact that when a person is under c. To be considered as a mitigating
the influence of liquor, his exercise of will circumstance, it must be proven that the
power is impaired. accused is not a habitual drinker and did not
b. As an aggravating circumstance, because take the alcohol in order to reinforce his
it is intentional, the reason is that the resolve to commit the crime. (People v
offender resorted to it in order to bolster his Ortega, G.R. No. 135846, June 28, 2001)
courage to commit a crime.
3. DEGREE OF INSTRUCTION AND
The constant use of intoxicating liquor EDUCATION OF THE OFFENDER
lessens the individual resistance to evil
thoughts and undermines the will power It does not refer only to literacy but more to the
making himself a potential evildoer against level of intelligence of the accused.
those activities, society has the right for its
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Notes: 5. Legal grounds for arbitrary detention. (Art.

a. Refers to the lack of sufficient intelligence 124)
and knowledge of the full significance of 6. Legal grounds for trespass. (Art. 280)
one’s acts. 7. The crime of theft, swindling or malicious
b. Low degree of instruction and education or mischief is committed against a relative. (Art.
lack of it is generally mitigating. 332)
c. High degree of instruction and education is 8. When only slight or less serious physical
aggravating when the offender avails himself injuries are inflicted by the person who
of his learning in committing the crime. surprised his spouse or daughter in the act
of sexual intercourse with another person.
General Rule: Lack of sufficient education is (Art. 247)
mitigating. 9. Marriage ofthe offender with the offended
Exceptions: (PCTMR) party when the crime committed is rape,
a. Crimes against Property (e.g., arson, estafa, abduction, seduction, or acts of
theft, robbery); lasciviousness. (Art. 344)
b. Crimes against Chastity; 10. Mistake of fact
c. Treason: because love of country should be
Note: To constitute a crime, evil intent must
a natural feeling of every citizen, however
combine with an act. A mistake of fact shows
unlettered or uncultured he may be;
that the act committed have proceeded from
d. Murder; and
no sort of evil in the mind and thus
e. Rape
necessarily relieves the actor from criminal
g. Absolutory Cause liability. The applicable maxims here are
actus non facit reum nisi mens sit rea (the
ABSOLUTORY CAUSES are those where the act itself does not make man guilty unless
act committed is a crime but for reasons of public his intention were so) and actus me incito
policy and sentiment there is no penalty factus non est meus actus (an act done by
imposed. me against my will is not my act). (U.S. v. Ah
Chong, G.R. No. L-5272, March 19, 1910)
Basis: A sound public policy requires that the Entrapment v. Instigation
courts shall condemn this practice by directing
ENTRAPMENT INSTIGATION
the acquittal of the accused.
The ways and means Instigator practically
are resorted to for the induces the would-
Absolutory causes are neither justifying nor
purpose of trapping be accused into the
exempting circumstances but nonetheless
and capturing the commission of the
similarly results to no criminal liability on the actor,
lawbreaker in the offense and himself
not because they are justified (Article 11) nor
execution of his becomes a co-
exempt (Article 12), but because of public policy.
criminal plan; principal;
NOT a bar to Accused will be
1. Instigation
accused’s acquitted; and
2. Spontaneous desistance during attempted
prosecution and
stage (Art. 6), and no crime under another
conviction; and
provision of the Code or other penal law is
committed. NOT an absolutory Absolutory cause
3. Light felony is only attempted or frustrated, cause.
and is not against persons or property. (Art.
7) ———— end of topic ————
4. The accessory is a relative of the principal.
(Art. 20)
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III. PERSONS LIABLE AND DEGREE OF

PARTICIPATION As to the imposition of other penalties like
destierro and imprisonment, these are imposed
a. Principals, accomplices, and accessories
and executed on individuals only and not for
PRINCIPALS CRIMINALLY LIABLE FOR juridical persons.
GRAVE AND LESS GRAVE FELONIES
2. Passive Subject
Art. 16. Who are criminally liable. — The The passive subject of a crime is the person
following are criminally liable for grave and injured. The holder of the injured right is the man,
less grave felonies: (PAA) the juristic person, the group, and the State.
a. Principals;
b. Accomplices; and Corporations and partnerships can be passive
c. Accessories subjects of a crime.
PRINCIPALS CRIMINALLY LIABLE FOR Corpses and animals cannot be passive subjects
LIGHT FELONIES because they have no rights that may be injured.
The following are criminally liable for light Exception:

felonies: (PA) Under Article 253, the crime of defamation may
1. Principals; and be committed if the imputation tends to blacken
2. Accomplices; the memory of one who is dead.
PARTIES IN ALL CRIMES It should be Noted that Article 16 only applies

when the offenders are to be judged by their
1. Active Subject individual, and not collective liability.
The active subject is the criminal. Only natural
persons can be the active subjects of a crime PRINCIPAL
because of the highly personal nature of the
criminal responsibility. Art. 17. Principals. — The following are
considered principals: (DIC)
Under the Revised Penal Code, persons act with a. Those who take a Direct part in the
personal malice or negligence; artificial persons execution of the act;
cannot act with malice or negligence. b. Those who directly force or Induce
others to commit it;
A juridical person like a corporation cannot c. Those who Cooperate in the commission
commit a crime that requires willful purpose of of the offense by another act without which it
malicious intent. Criminal actions are restricted or would not have been accomplished.
limited to the officials of the corporation and never
directed against the corporation itself, except 3. By Direct Participation
under: (4) (SPEC)
Requisites: (PC)
1. Securities Law; 1. They Participated in the criminal resolution;
2. Public Service Law; and
3. Election Code; and 2. They Carried out their plan and personally
4. Corporation Law took part in its execution by acts, which directly
tended to the same end.
There is substitution of deprivation of liberty for a. When this element is lacking, there is
pecuniary penalties in insolvency cases. only conspiracy.
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In conspiracy by prior agreement, the principal • There is also collective criminal

by direct participation who does not appear at the responsibility.
scene of the crime is not liable, because:
a. Non-appearance is deemed desistance
which is favored and encouraged; REQUISITES (for a person using words of
b. Conspiracy is generally not a crime unless command to be held liable as principal)
the law specifically provides a penalty and (IADP-PN)
c. There is no basis for criminal liability because 1. The one uttering the words of command must
there is no criminal participation have the Intention of procuring the
d. At best, he can be a principal by inducement. commission of the crime;
2. The one who made the command must have
2. By Inducement Ascendancy or influence over the person
who acted;
Requisites: (IDN) 3. The words used must be so Direct, so
1. That the inducement be made directly with efficacious, so Powerful as to amount to
the Intention of procuring the commission of the physical or moral coercion;
crime; 4. The words of command must be uttered Prior
2. That such inducement be the Determining to the commission of the crime; and
cause of the commission of the crime by the 5. The material executor of the crime has No
material executor; and personal reason to commit the crime.
3. Without such inducement the crime would
Not have been committed. There must exist on the part of the inducer the
most positive resolution and the most persistent
Ways of Becoming Principal by Induction: effort to secure the commission of the crime,
a. By directly forcing another to commit a together with the presentation to the person
crime induced of the very strongest kind of temptation
b. Using irresistible force; or to commit the crime.
c. By causing uncontrollable fear;
The inducement must precede the act induced
In these cases, there is no conspiracy, not even a and must be so influential in producing the
unity of criminal purpose and intention. Only the criminal act that without it, the act would not have
one using force or causing fear is criminally liable. been performed.
By directly inducing another to commit a A thoughtless expression without intention to

crime; produce the result is not an inducement to commit
a. By giving price, or offering reward or a crime.
promise;
• Both the one giving the price, offering If the crime committed is not contemplated in the
reward, or promise and the one order given, the inducement is not material and
committing the crime in consideration not the determining cause thereof.
thereof are principals;
b. By using words of command;

• The inciting words must have great
dominance and influence over the person
who acts where it would be the moving
cause for the offense;
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Compare Principal By Inducement and a. Participation in the criminal resolution;

Offender Who Made Proposal To Commit A b. There must be Conspiracy;
Felony c. Concurrence is sufficient; and
OFFENDER WHO d. Cooperation is indispensable;
PRINCIPAL BY MADE A PROPOSAL
INDUCEMENT TO COMMIT A 2. Cooperation in the commission of the offense
FELONY by performing Another act, without which it
There is an inducement to commit a crime would not have been accomplished. It should
LIABILITY be Noted that: (CDN)
Principal becomes Mere proposal to a. Cooperation must be indispensable;
liable only when the commit a felony is b. If participation is Dispensable, accused
crime is committed by punishable in treason is only an accomplice, not a principal;
the principal by direct or rebellion; and
participation; and c. If cooperation is Necessary in the
The person to whom execution of the offense, accused is
the proposal is made considered as a principal by direct
should not commit the participation.
crime, otherwise, the
proponent becomes a To cooperate means to desire or wish in
Principal by common a thing. But that common will or
inducement; and purpose does not necessarily mean previous
CRIME INVOLVED understanding, for it can be explained or inferred
from the circumstances of each case. (People v.
Involves any crime. Must involve only
Aplegido, G.R. No. L-163, April 27, 1946).
treason or rebellion.
There can be no principal by inducement or

Effects of acquittal of principal by direct
principal by cooperation unless there is a
participation upon the liability of principal by
principal by direct participation. However, there
inducement:
may be a principal by direct participation despite
1. Conspiracy is negated by the acquittal of co-
the absence of the former.
defendant.
2. One cannot be held guilty of having instigated
INDIVIDUAL CRIMINAL RESPONSIBILITY
the commission of a crime without first being
In the absence of conspiracy, unity of criminal
shown that the crime has been actually
purpose and intention immediately before the
committed by another.
commission of the crime, or community of
3. But, if the one charged as principal by direct
criminal design, the criminal responsibility
participation is acquitted, it does not
arising from different acts directed against one
necessarily lead to the acquittal of the
and the same person is individual and not
principal by inducement.
collective, and each of the participants is liable
only for acts committed by him. (U.S. v.
3. By Indispensable Cooperation
Magcomot, G.R. No. L- 18289, November 17,
1922).
Requisites: (PA)
1. Participation in the criminal resolution, that
COLLECTIVE CRIMINAL RESPONSIBILITY
is, there is either anterior conspiracy or unity
There is collective criminal responsibility
of criminal purpose and intention
when the offenders are criminally liable in the
immediately before the commission of the
same manner and to the same extent. The
crime charged. This, in turn, requires the
penalty to be imposed must be the same for all.
following: (PCCC)
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BY DIRECT BY INDISPENSABLE
BY INDUCEMENT
PARTICIPATION COOPERATION
Takes part in the 1. Directly forcing another to commit a Cooperates in the commission of
execution of the act crime by: the offense by performing
constituting the crime; (a) using irresistible force; another act, without which it
(b) causing uncontrollable fear; would not have been
accomplished; and
2. Directly inducing another to commit a
crime by:
(a) giving price, or offering reward or
promise;
(b) using words of command
COLLECTIVE CRIMINAL RESPONSIBILITY
If there is no Principal, Principal has criminal collective
conspiracy, then each responsibility with the principal
offender is only liable EXCEPT by direct participation
for the acts performed that who directly forced another to commit a
by him; and crime, and principal by direct participation
1. In case of
Principals have Inducemen by forcing another to commit a
collective criminal crime, either through: (a) irresistible force or
responsibility (b) uncontrollable fear
The inducer is liable as the principal, while

the material executor is not liable due to Art.
12 pars. 5 and 6
2. In case of inducing another to commit a

crime by
either:
(a) giving price or offering reward or
promise or
(b) through the use of words of command:
there is collective criminal responsibility
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ACCOMPLICE Some of the offenders in the crime are principals

and the others as accomplices.
Art. 18. Accomplices. — Accomplices are
those persons who, not being included in Art. Compare Accomplice v. Principal in General
17, cooperate in the execution of the offense ACCOMPLICE PRINCIPAL
by previous or simultaneous acts. PARTICIPATION
Does not take direct Either takes direct part
Requisites: part in the in the commission of
1. There be community of design; that is, commission of the the act, induces, or
Knowing the criminal design of the act, does not force or forces another to
principal by direct participation, he concurs induce others to commit it, or
with the latter in his purpose. The following commit it, or does not cooperates in the
should be Noted: cooperate in the commission of the
a. Knowledge of the criminal design of the commission of the crime by another act,
principal can be acquired by the crime by another act, without which it would
accomplice when: without which it would not have been
b. The principal informs or tells the not have been accomplished; and
accomplice of the former’s criminal accomplished, yet
design; and cooperates in the
c. The accomplice saw the criminal acts of execution of the act
the principal; by previous or
d. The community of design need not be simultaneous means,
to commit the crime actually committed. and
It is sufficient if there was a common KNOWLEDGE
purpose to commit a particular crime Has knowledge of the Has knowledge of the
and that the crime actually committed
criminal design of the criminal design and
was a natural or probable consequence
principal and merely carries/executes it
of the intended crime;
concurs with the
2. He cooperates in the execution of the offense criminal purpose
by Previous or simultaneous acts, with the
intention of supplying material or moral aid in
Accomplice v. Principal By Indispensable
the execution of the crime in an efficacious
Cooperation
way. The following should be Noted:
ACCOMPLICE PRINCIPAL BY
a. The cooperation of the accomplice is
INDISPENSABLE
only necessary, not indispensable;
COOPERATION
b. The cooperation is not due to a
Necessity of Participation
conspiracy; and
c. The wounds inflicted by an accomplice Participation is not Participation is
in crimes against persons should not indispensable and indispensable; and
have caused the death of the victim; Degree of Participation
d. Being present and giving moral support Cooperates in the Participates in the
when a crime is being committed where execution of the criminal resolution, in
it may be through advice, offense by previous such a way that there is
encouragement or agreement; and or simultaneous acts, either anterior
3. There should be a Relation between the acts with the intention of conspiracy or unity of
done by the principal and those attributed to supplying material or criminal purpose and
the person charged as accomplice. moral aid in the intention immediately
execution of the before the commission
Quasi-Collective Responsibility of the crime charged
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crime in an reached the decision, themselves have

efficacious way and only then do they decided upon such
agree to cooperate in course of action; and
Accomplice v. Principal By Direct its execution; and
Participation They are merely They are the authors of
a. There is community of criminal design. instruments who a crime
b. In case of doubt, it shall be resolved in favor perform acts not
of lesser responsibility, that is, that of mere essential to the
accomplice. perpetration of the
c. Between the principals and the accomplices, offense
there is no conspiracy.
ACCESSORY
Compare Accomplice v. Principal By Direct
Participation Art. 19. Accessories. — Accessories are those
ACCOMPLICE PRINCIPAL BY who, having knowledge of the commission of
DIRECT the crime, and without having participated
PARTICIPATION therein, either as principals or accomplices,
Community of Community of criminal take part subsequent to its commission in any
criminal design, design of the following manners: (3) P- C/D-E
however such
community need not 1. By profiting themselves or assisting
be to commit the the offender to profit by the effects of
crime actually the crime;
committed; 2. By concealing or destroying the body
of the crime, or the effects or
Sufficient that there instruments thereof, in order to
was a common prevent its discovery;
purpose to commit a 3. By harboring, concealing, or assisting
particular crime and in the escape of the principals of the
that the crime actually crime, provided the accessory acts
committed was a with abuse of his public functions or
natural or probably whenever the author of the crime is
consequence of the guilty of treason, parricide, murder, or
intended crime. an attempt to take the life of the Chief
No clear-cut distinction between the acts of the Executive, or is known to be habitually
accomplice and those of the principal by direct guilty of some other crime.
participation; and
Between principals Between principals and Notes:
liable for the same accomplices, there is a. An accessory does not participate in the
offense, there must no conspiracy criminal design, nor cooperate in the
be conspiracy commission of the felony, but, with
knowledge of the commission of the crime, he
Compare Accomplice v. Conspirator subsequently takes part in three ways:
ACCOMPLICE CONSPIRATOR i. Profiting from the effects of the crime;
ii. Concealing the body, effects or
They know and agree with the criminal design
instruments of the crime in order to
They come to know They come to know the
prevent its discovery; and
about it after the criminal intention
principals have because they
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iii. Assisting in the escape or 4. The stolen property is the effect of the crime.
concealment of the principal of the The pistol or knife is the instrument of the
crime, provided he acts with abuse of crime;
his public functions or the principal is
guilty of treason, parricide, murder, or 3. BY HARBORING, CONCEALING, OR
an attempt to take the life of the Chief ASSISTING IN THE ESCAPE OF THE
Executive, or is known to be habitually PRINCIPALS OF THE CRIME, PROVIDED
guilty of some other crime. THE ACCESSORY ACTS WITH ABUSE OF
b. An accessory must have knowledge of the HIS PUBLIC FUNCTIONS OR WHENEVER
commission of the crime, and having that THE AUTHOR OF THE CRIME IS GUILTY
knowledge, he took part subsequent to its OF TREASON, PARRICIDE, MURDER, OR
commission. AN ATTEMPT TO TAKE THE LIFE OF THE
c. The crime committed by the principal must be CHIEF EXECUTIVE, OR IS KNOWN TO BE
proved beyond reasonable doubt. HABITUALLY GUILTY OF SOME OTHER
CRIME.
SPECIFIC ACTS OF ACCESSORIES:
1. BY PROFITING THEMSELVES OR Classes of Accessories Contemplated in
ASSISTING THE OFFENDER TO PROFIT Part. 3:
BY THE EFFECTS OF THE CRIME; 1. Public officers, who harbor, conceal or
assist in the escape of the principal of any
a. The crime committed by the principal under crime (not light felony) with abuse of his
this paragraph may be any crime, provided it public functions; and
is not a light felony
b. Profiting themselves by the effects of the Requisites: (PHAE)
crime 1. The accessory is a Public officer;
i. The accessory should not take the 2. He Harbors, conceals, or assists in the
property without the consent of the escape of the principal;
principal 3. He acts with Abuse of his public function;
ii. When a person knowingly acquired or and
received property taken by the 4. The crime committed by the principals is any
brigands, the crime is punished as the crime, Except a light felony; and
act of the principal, not the act of the
accessory 2. Private persons, who harbor, conceal or
c. Assisting the offender to profit by the effects assist in the escape of the author of the
of the crime crime – guilty of treason, parricide, murder, or
an attempt against the life of the President, or
2. BY CONCEALING OR DESTROYING THE who is known to be habitually guilty of some
BODY OF THE CRIME, OR THE EFFECTS other crime.
OR INSTRUMENTS THEREOF, IN ORDER
TO PREVENT ITS DISCOVERY; Requisites: (PHP-TPMPH)
1. The crime committed by the principal under 1. The accessory is a Private person;
this paragraph may be any crime, provided it 2. He Harbors, conceals or assists in the
is not a light felony; and escape of the author of the crime;
2. Body of the crime is the corpus delicti, 3. The crime committed by the Principal is
that someone in fact committed a specific either:
offense; 4. Treason;
3. There must be an attempt to hide the body 5. Parricide;
of the crime; 6. Murder;
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7. An attempt against the life of the President; PLEASE SEE SPL REVIEWER, ANTI-
or FENCING LAW AND THE DECREE
8. That the principal is known to be Habitually PENALIZING OBSTRUCTION OF JUSTICE,
guilty of some other crime. READ IN RELATION TO THE TOPIC ON
ACCESSORIES p. 293
PUBLIC OFFICERS PRIVATE PERSONS
Harbors, conceals or Harbors, conceals or PERSONS EXEMPT FROM CRIMINAL
assists in the escape assisting the escape LIABILITY
of the principal of any of the author of the
crime; crime; Art. 20. Accessories who are exempt from
Accessory is a public Accessory is a criminal liability. — The penalties prescribed
officer; private person; for accessories shall not be imposed upon
Public officer acts No abuse required those who are such with respect to their
with abuse of his (not a public officer); spouses, ascendants, descendants,
public functions; and and legitimate, natural, and adopted brothers and
Crime committed by Crime committed by sisters, or relatives by affinity within the same
the principal involves the principal is either: degrees, with the single exception of
any crime, except (a) treason, accessories falling within the provisions of
light felonies. (b) parricide, paragraph 1 of the next preceding article.
(c) murder,
(d) an attempt Notes:
against the life of the a. The exemption is based on the ties of blood
President, or and the preservation of the cleanliness of
(e) that the principal one’s name.
is known to be b. An accessory is exempt from criminal liability,
habitually guilty of when the principal is his— (4) (SADR)
some other crime. 1. Spouse;
2. Ascendant;
Notes: 3. Descendant; or
a. The accessories’ liability is subordinate and 4. Legitimate, natural or adopted brother,
subsequent. sister, or Relative by affinity within
b. Conviction of an accessory is possible the same degree.
notwithstanding the acquittal of the principal, c. The accessory is not exempt from criminal
if the crime was in fact committed, but the liability even if the principal is related to him,
principal was not held criminally liable, if such accessory:
because of an exempting circumstance. 1. Profited by the effects of the crime;
c. Even if the principal is still unknown or at 2. Assisted the offender to profit by the
large, the accessory may be held responsible effects of the crime; and
provided the requisites prescribed by law for Note: Such acts are prompted not by
the existence of the crime are present and affection but by a detestable greed.
that someone committed it. d. Only accessories under Art. 19 (2) and (3) are
d. Where the commission of the crime and the exempt from criminal liability if they are
responsibility of the accused as an related to the principals.
accessory, are established, the accessory e. Ties of blood or relationship constitute a more
can be convicted, notwithstanding the powerful incentive than the call of duty.
acquittal of the principal. (Vino v. People,
G.R. No. 84163, October 19, 1989).
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b. Conspiracy and Proposal Exception: They are punishable only in the

cases in which the law specially provides a
Art. 8. Conspiracy and proposal to commit penalty therefor.
felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in Examples of the Exception:
which the law specially provides a penalty 1. Treason;
therefor. 2. Rebellion;
3. Insurrection;
A conspiracy exists when two or more 4. Coup d’etat;
persons come to an agreement concerning 5. Sedition;
the commission of a felony and decide to 6. Monopolies and combinations in
commit it. restraint of trade;
7. Espionage;
There is proposal when the person who has 8. Highway robbery;
decided to commit a felony proposes its 9. Illegal association;
execution to some other person or persons. 10. Selected acts committed under the
Comprehensive Dangerous Drugs Act;
Conspiracy and proposal to commit a crime are 11. Arson; and
only preparatory acts, and the law regards them 12. Terrorism under the Human Security Act.
as innocent or at least permissible except in rare
and exceptional cases. Conspiracy as a felony v. Conspiracy as a
means of incurring criminal liability
CONSPIRACY FELONY MANNER OF
Exists when two or more persons come to an INCURRING
agreement concerning the commission of a CRIMINAL
felony and decide to commit it. LIABILITY
Conspirators should If the conspirators
Direct proof is not essential to establish
not actually commit commit treason, they
conspiracy.
treason, rebellion, will be held liable for
etc., it being sufficient treason, and the
Conspiracy must be alleged in the information in
that two or more conspiracy which
order that an accused may be held liable for the
persons agree and they had before
acts of his co-accused.
decide to commit it; committing treason is
and the crime was only a manner of
Requisites: (ACD)
actually committed; incurring criminal
1. Two or more persons came to an Agreement;
and liability, not treated as
2. The agreement pertains to the Commission
a separate offense
of a felony; and
but used to determine
3. The execution of the felony was Decided
the liability of the
upon.
offenders;
Felony relates to a Conspiracy is not
There must be participation with a criminal
crime actually treated as a separate
resolution because simple knowledge thereof by
committed. offense but is used to
a person may only make him liable as an
determine the liability
accomplice.
of the offenders; and
The act of one is the
General Rule: Conspiracy and proposal to
act of all.
commit felony are not punishable.
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General Rule: When conspiracy as a manner of Note: There is no criminal proposal when:
incurring criminal liability is established, all who a. The person who proposes is not determined
participated therein, irrespective of the quantity or to commit the felony;
quality of his participation is liable equally, b. There is no decided, concrete and formal
whether conspiracy is pre-planned or proposal; and
instantaneous. c. It is not the execution of the felony that is
proposed.
Exception: Unless one or some of the
conspirators committed some other crime which Note: Proof of conspiracy may be direct or
is not part of the intended crime. circumstantial. So long as the evidence
presented show a "common design or purpose"
Exception to the Exception: When the act to commit the crime, all of the accused shall be
constitutes a “single indivisible offense.” held equally liable as co-principals even if one or
more of them did not participate in all the details
Doctrine of Implied Conspiracy of the execution of the crime. For this reason, the
When the defendants by their acts aimed at the fact of conspiracy "must be proven on the same
same object, one performing one part and the quantum of evidence as the felony subject of the
other performing another part so as to complete agreement of the parties," i.e. proof beyond
it, with a view to the attainment of the same object reasonable doubt. Mere presence at the scene of
and their acts, though apparently independent, the crime is not by itself indicative of conspiracy
were in fact concerted and cooperative, indicating between the accused. (Benito v. People, G.R. No.
closeness of personal association, concerted 204644, J. LEONEN, February 11, 2015.)
action and concurrence of sentiments, the court
will be justified in concluding that said defendants If one fraternity attacks members of another
were engaged in a conspiracy. fraternity, considering the group mentality of
fraternities and the fact that fraternity members
Spontaneous Agreement usually act as one, it is quite possible that they
a. Active cooperation by all offenders; knew the identities of their attackers but chose not
b. Contributing by positive acts to the realization to disclose it without conferring with their
of a common criminal intent; and fraternity brothers. If conspiracy is proven, the
c. Presence during the commission of the crime liability of the assailants should not be
by a band and lending moral support thereto. distinguished based on the seriousness of the
injuries suffered by the victims, because the “act
Proposal to Commit a Felony of one is the act of all” in crimes with conspiracy.
When the person who has decided to commit a (People v Feliciano, G.R. No. 196735, J.
felony proposes its execution to some other LEONEN May 5, 2014)
person or persons.
As a general rule, only public officials can be held
The law does not require that the proposal be liable for violating the Anti-Graft and Corrupt
accepted by the person to whom the proposal is Practices Act. However, private persons may be
made. held liable if they act in conspiracy with a public
official. This is consistent with the policy behind
Requisites: the statute, which is "to repress certain acts of
1. A person has decided to commit a felony; public officers and private persons alike which
and may constitute graft or corrupt practices, or which
2. He proposes its execution to some other may lead thereto." If a private person may be tried
person or persons jointly with public officers, he or she may also be
convicted jointly with them. (Garcia-Diaz v.
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Sandiganbayan, G.R. 193236 & 193248-49, J. HABITUALITY (REITERACION)

LEONEN, September 17, 2018.)
Requisites: (TSC)
c. Multiple Offenders 1. The accused is on Trial for an offense;
2. He previously Served sentence for another
Four Forms of Repetition:
offense to which the law attaches an equal or
1. Recidivism (Art. 14, par. 9);
greater penalty, or for 2 or more crimes to
2. Reiteracion or habituality (Art. 14, par. 10);
which it attaches lighter penalty than that for
3. Multi-recidivism or habitual delinquency (Art.
the new offense; and
62, par. 5); and
3. He is Convicted of the new offense.
4. Quasi-recidivism (Art. 160).
MULTI-RECIDIVISM or HABITUAL
RECIDIVISM
DELINQUENCY
A recidivist is one who, at the time of his trial for

A person, within the period of 10 years from the
one crime, shall have been previously convicted
date of his last release or last conviction of the
by final judgment of another crime embraced in
crime of serious or less serious physical injuries,
the same title of the RPC. (People v. Lagarto,
robbery, theft, estafa or falsification, is found
G.R. No. 65833, 1991)
guilty of any of said crimes a third time or oftener.
In habitual delinquency, the offender is either a
REQUISITES: (TPEC)
recidivist or one who has been previously
1. The offender is on Trial for an offense;
punished for two or more offenses. He shall suffer
2. He was Previously convicted by final
an additional penalty for being a habitual
judgment of another crime;
delinquent.
3. Both the first and the second offenses are
Embraced in the same title of the Code; and
Effects of habitual delinquency:
4. The offender is Convicted of the new offense.
1. Habitual delinquency has the effect, not only
of increasing the penalty because of
“At the time of his trial for one crime”
recidivism which is generally implied in
What is controlling is the time of trial, not the time
habitual delinquency, but also of imposing an
of the commission of the crime. It is sufficient that
additional penalty.
the succeeding offense be committed after the
i. Upon a third conviction, the culprit shall
commission of the preceding offense, provided
be sentenced to the penalty provided by
that at the time of his trial for the second offense,
law for the last crime of which he is
the accused had already been convicted of the
found guilty and to the additional
first offense.
penalty of prisidn correccional in its
medium and maximum periods.
Trial is meant to include everything that is done in
ii. Upon a fourth conviction, the culprit
the course of the trial, from arraignment until after
shall also be sentenced to the additional
sentence is announced by the judge in open
penalty of prisidn mayor in its minimum
court.
and medium periods.
iii. Upon a fifth or additional conviction, the
Pardon does not prevent a former conviction from
culprit shall also be sentenced to the
being considered as an aggravating
additional penalty of prisidn mayor in its
circumstance, but amnesty extinguishes the
minimum period to reclusion temporal
penalty and its effects.
in its minimum period.
2. An accused who is a habitual delinquent will
not benefit from a favorable retroactive
application of a penal law (Article 22).
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3. In case of the commission of another crime E.g. If A was convicted of and served sentence for
during service of penalty, a habitual delinquent theft in 1935; after his release he committed
shall not be pardoned at the age of 70 years homicide (Art. 249), was convicted in 1937, and
even if he already served out his original was released in 1951; and in 1957 was convicted
sentence (Article 160). of rape (Art. 335); he is not a habitual delinquent
4. A habitual delinquent will not be entitled to the even if he was convicted the third time. Homicide
one-half deduction from term of imprisonment and rape are not mentioned in the definition of
under Article 29. habitual delinquency. (Molesa vs. Director of
5. The Indeterminate Sentence Law shall not Prisons, 59 Phil. 406, 408)
apply to those who are habitual delinquents
(Sec. 2, Act No. 4103). QUASI-RECIDIVISM
Requisites: (CAC) Any person who shall commit a felony after

1. The offender had been Convicted of any of having been convicted by final judgment, before
the crimes of serious or less serious physical beginning to serve such sentence or while
injuries, robbery, theft, estafa or falsification; serving the same, shall be punished by the
2. After that conviction or after serving his maximum period of the penalty prescribed by law
sentence, and within 10 years from his first for the new felony.
conviction or release, he Again commits any
of said crimes for the second time; Defendant, while serving his sentence in Bilibid
3. After his conviction of, or after service for one crime, struck and stabbed the foreman of
sentence for, the second offense, and within the brigade of prisoners. Under Article 160 of the
10 years from his last conviction or last Code, he shall be punished with the maximum
release for said second offense, he again period of the penalty prescribed by the law for the
Committed any of said crimes and also new felony. (People vs. Durante, 53 Phil. 363,
convicted, the third time or oftener. 372)
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COMPARATIVE TABLES
HABITUAL DELINQUENCY V. RECIDIVISM
HABITUAL DELINQUENCY RECIDIVISM

As to crimes committed
The crimes arespecified. The crimes must be embraced in the same title
of the Code.
As to the period of time the crimes are committed
The offender found guilty of any of the crimes No period of time between the former conviction
specified within 10 years from his last release or last and the last conviction is fixed by law.
conviction.
As to the number of crimes committed
The accused must be found guilty the third time or A second conviction is sufficient.
oftener.
As to their effects
If there is habitual delinquency, an additional penalty is If not offset by a mitigating circumstance, serves
also imposed. to increase the penalty only to the maximum.
HABITUAL DELINQUENCY V. HABITUALITY/REITERACION
HABITUAL DELINQUENCY HABITUALITY/REITERACION

A final judgment has been rendered in the first offense. It is necessary that the offender shall have
served out his sentence for the first offense.
The offenses must be included in the same title of the The previous and subsequent offenses must not
Code. be embraced in the same title of the Code.
Always taken as an aggravating circumstance. Not always an aggravating circumstance.
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HABITUALITY/REITERACION HABITUAL QUASI-RECIDIVISM

RECIDIVISM DELINQUENCY
AS TO CRIMES COMMITTED
Crimes involved Involves any crime. The crimes are Involves any crime (must
must be embraced specified (serious or be pointed out that the
in the same title of less serious second offense must be
the Code. physical injuries, a felony, while the first
robbery, theft, offense need not be).
estafa, or
falsification).
AS TO THE PERIOD OF THE CRIMES ARE COMMITTED
Offender is on trial Offender previously served After conviction and Offender has been
for an offense and sentence for another offense to serving out his convicted of an offense
is subsequently which the law attaches an sentence, offender and commits another
convicted of the equal or greater penalty, or for is convicted again of felony before or during
new crime. two or more crimes to which it any of the second serving sentence.
attaches lighter penalty than crimes and that
that for the new offense. after conviction and
serving out his
sentence for the
second crime,
offender again
committed and was
convicted within 10
years from his last
sentence or
conviction of any of
the crimes specified
the third time or
oftener.
AS TO THEIR EFFECTS
A generic A generic aggravating An extraordinary A special aggravating
aggravating circumstance. aggravating circumstance.
circumstance. circumstance
(imposes an
additional penalty).
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IV. PENALTIES General Rule: Penal laws are applied

prospectively.
General Principles
Penalty is the suffering that is inflicted by the
Exception: When retrospective application will
State for the transgression of the law.
be favorable to the person guilty of a felony,
provided that:
Different Juridical Conditions of Penalty
1. The offender is NOT a habitual criminal
(LEPPC3)
(delinquent) under Art. 62(5); and
a. Legal: it is the consequence of a judgment
2. The new or amendatory law does NOT
according to law;
provide against its retrospective application.
b. Equal for all;
c. Productive of suffering without, however,
Rationale for the exception in art. 22:
affecting the integrity of the human
Basis: Strict justice and not on political
personality;
considerations. The sovereign, in enacting
d. Personal: no one should be punished for the
subsequent penal law more favorable to the
crime of another;
accused, has recognized that the greater severity
e. Commensurate with the offense: different
of the former law is unjust.
crimes must be punished with different
penalties;
The sovereign would be inconsistent if it would
f. Certain: no one must escape its effects; and
still enforce its right under the conditions of the
g. Correctional.
former law, which has already been regarded by
conscientious public opinion as juridically
Theories Justifying Penalties
burdensome.
a. Prevention: to prevent or suppress the
danger to the State arising from the criminal
Note: No retroactive effect even when favorable
act;
to the accused – if the new law is expressly
b. Self-defense: to protect society from the
made inapplicable to pending actions or existing
threat and wrong inflicted by a criminal;
causes of action. (Tavera v. Valdez, 1 Phil 468,
c. Reformation: to correct and reform the
1902).
offender;
d. Exemplarity: the criminal is punished to
HABITUAL DELINQUENT
serve as an example to deter others from
A person who within a period of 10 years from the
committing crimes; and
date of his release or last conviction of the
e. Justice: that crime is punished by the State
crimes of serious or less serious physical injuries,
as an act of retributive justice, a vindication of
robbery, theft, estafa, or falsification, is found
absolute right and moral law violated by the
guilty of any said crimes a third time or oftener.
criminal.
Notes:
Penalties That may be Imposed
a. If retroactive effect of a new law is justified, it
General Rule: A felony shall be punishable only
shall apply to the defendant even if he is:
by the penalty prescribed by law at the time of its
b. Presently on trial for the offense;
commission.
c. Has already been sentenced but service of
Note: Art. 21 implements the constitutional
which has not begun; or
prohibition against ex post facto laws. It reflects
d. Already serving sentence.
the maxim that there is no crime without a penalty
e. The retroactive effect of criminal statutes
and that there is no penalty without a law (nullum
does NOT apply to the culprit’s civil liability.
crimen sine poena; nulla poena sine lege). But
as provided in Art. 22, ex post facto laws are
allowed if favorable to the accused.
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Reason: ACT PROHIBITING THE IMPOSITION OF

a. The rights of offended persons or innocent DEATH PENALTY IN THE PHILIPPINES (R.A.
third parties are not within the gift of arbitrary 9346)
disposal of the State. Note: Currently, the imposition of the death
b. The provisions of Art. 22 are applicable even penalty has been prohibited pursuant to Republic
to special laws, which provide more favorable Act No. 9346. (PLEASE SEE SPL REVIEWER,
conditions to the accused. ON RA. 9346).
Criminal liability under the repealed law PURPOSES

subsists: 1. Retribution or expiation - the penalty is
1. When the provisions of the former law are commensurate with the gravity of the offense;
reenacted; 2. Correction or reformation - as shown by the
2. The right to punish offenses committed under rules which regulate the execution of the
an old penal law is not extinguished if the penalties consisting in the deprivation of
offenses are still punishable in the repealing liberty; and
penal law; 3. Social defense - shown by its inflexible
3. When the repeal is by implication; or when severity to recidivists and habitual
a penal law, which impliedly repealed an old delinquents.
law, is itself repealed, the repeal of the
repealing law revives the prior penal law, a. Imposable Penalties
unless the language of the repealing statute
b. Classification
provides otherwise. If the repeal is absolute,
criminal liability is obliterated; and Notes:
4. When the repeal is absolute, the offense a. The scale in Art. 25 is only a general
ceases to be criminal. (People v. Tamayo, classification of penalties based on their
G.R. No. L-41423, 1935). severity, nature and subject matter.
5. When there is a saving clause. b. The scale of penalties under Art. 70 is
provided for successive service of sentences
Notes: imposed on the same accused in
a. No retroactive effect of penal laws as regards consideration of their severity and
jurisdiction of court. natures.
b. Jurisdiction of the court to try a criminal action c. The scale in Art. 71 are for the purpose of
is to be determined by the law in graduating the penalties by degrees in
c. Force at the time of instituting the action, not accordance with the rules in Art. 61.
at the time of the commission of the crime.
d. Jurisdiction of courts in criminal cases is CLASSIFICATION OF PENALTIES BASED ON
determined by the allegations of the THEIR NATURE
complaint or information, and not by the
findings the court may make after trial. 1. Principal: those expressly imposed by the
(People v. Romualdo, G.R. No. L- 3686, court in the judgment of conviction. It can be
1952) further classified as follows:
d. According to L.B. Reyes, Art. 22 is NOT a. Divisible: those which have fixed
applicable to the provisions of the RPC. Its duration and are always divisible into
application to the RPC can only be invoked three periods, namely: maximum,
where some former or subsequent law is medium, and minimum, e.g. prision
under consideration. mayor;
b. Indivisible: those which have no fixed
BILL OF ATTAINDER - A legislative act which duration. These are:
inflicts punishment without a trial.
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i. Death; CLASSIFICATION ACCORDING TO SUBJECT-

ii. Reclusion Perpetua; MATTER (CDR-DP)
iii. Perpetual absolute or a. Corporal (death)
special disqualification; and b. Deprivation of freedom (reclusion, prision,
iv. Public censure; arresto);
c. Restriction of freedom (destierro);
2. Accessory: those that are deemed included d. Deprivation of rights (disqualification and
in the imposition of the principal penalties, suspension); and
namely: e. Pecuniary (fine).
a. Perpetual or temporary absolute
disqualification; CLASSIFICATION ACCORDING TO THEIR
b. Perpetual or temporary special GRAVITY (CA-CL-Co)
disqualification; 1. Capital:
c. Suspension from public office, the right to a. Death (Now prohibited under RA 9346);
vote and be voted for, the profession or 2. Afflictive:
calling; a. Reclusion perpetua;
d. Civil interdiction; b. Reclusion temporal;
e. Indemnification; and c. Perpetual or temporary absolute
f. Forfeiture or confiscation of instruments disqualification;
and proceeds of the offense. d. Perpetual or temporary special
disqualification; and
Note: Perpetual or temporary absolute e. Prision mayor;
disqualification, perpetual or temporary special 3. Correctional
disqualification, and suspension may be principal a. Prision correccional;
or accessory penalties. b. Arresto mayor;
c. Suspension; and
Examples: d. Destierro;
1. Perpetual absolute disqualification is a 4. Light:
principal penalty in prevaricacion (Art. 204). a. Arresto menor; and
It is an accessory penalty of reclusion b. Public censure;
perpetua and reclusion temporal. 5. Penalties Common to the three preceding
2. Perpetual special disqualification is a classes:
principal penalty in malversation (Art.217). a. Fine; and
Also in Art. 214, 223, 229, 233, b. Bond to keep the peace.
3. and 346. It is an accessory penalty of prision
mayor and prision correccional. Notes:
4. Temporary absolute disqualification is a 1. This classification corresponds to the
principal penalty when the accessory acts classification of felonies in Art.9 into grave,
with abuse of public functions (Art. 19[3] and less grave, and light.
Art. 58). 2. Public censure is imposed in Articles 200,
5. Temporary special disqualification is a 211, 266 and 365.
principal penalty in direct bribery (Art. 210). 3. Bond to keep the peace is imposed only in
Also in Articles 205, 214, 220, 223, 224, 226, the crime of threats (Art. 284), either grave
227, 228, 231, 235, 239, 245, 346, and 347. (Art. 282) or light (Art. 283).
6. Suspension is a principal penalty in rendition
of unjust interlocutory orders (Art. 206). Also Fine is:
in Articles 200, 211, 266 and 365. a. Afflictive – if it exceeds P1,200,000;
b. Correctional –P40,000 to P1,200,000; and
c. Light – less than P40,000.
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Bond to Keep the Peace is by Analogy: Prision Mayor and 6 years and 1 day to
a. Afflictive – if it exceeds P1,200,000; temporary 12 years, except
b. Correctional – P40,000 to P1,200,000; and disqualification when the penalty of
c. Light – less than P40,000. disqualification is
imposed as an
Notes: accessory penalty, in
a. This article determines the classification of a which case, its
fine whether imposed as a single (e.g. fine of duration shall be that
P200 to P6000) or as an alternative (e.g. of the principal
penalty is arresto mayor OR a fine ranging penalty
from P200 to P1000) penalty for a crime. Prision correccional, 6 months and 1 day
b. The rule does not apply where the fine suspension, and to 6 years, except
involved is in a compound penalty, that is, it destierro when suspension is
is imposed in conjunction with another imposed as an
penalty. In this case, the highest penalty shall accessory penalty, in
be made the basis for computing the period which case, its
for the prescription of crimes (Art. 90) duration shall be
c. Where the fine in question is exactly P200 that of the principal
under Art. 9, it is a light felony, hence, the penalty
felony involved is a light felony; whereas Arresto mayor 1 month and 1 day
under Art. 26, it is a correctional penalty; to 6 months
hence, the offense involved is a less grave Arresto menor 1 day to 30 days
felony.
Bond to keep the Such period of time
d. It has been held that this discrepancy should peace as the court may
be resolved liberally in favor of the accused, determine
hence Art. 9 prevails over Art. 26. (People v.
Yu Hai, G.R. No. L-9598, 1956).
Note: Destierro is a principal, correctional, and
e. HOWEVER, according to Justice Regalado
divisible penalty
there is no such discrepancy. What is really in
issue is the prescription of the offense vis-à-
Cases When Destierro is Imposed:
vis the prescription of the penalty, the former
1. Serious physical injuries or death under
being the forfeiture of the right of the State to
exceptional circumstances (Art. 247);
prosecute the offender and the latter being
2. In case of failure to give bond for good
the loss of its power to enforce the judgment
behavior (Art. 284);
against the convict.
3. As a penalty for the concubine in
f. In determining the prescription of crimes,
concubinage (Art. 334); and
apply Art. 9 (P40,000 fine is light felony). In
4. In cases where after reducing the penalty by
determining the prescription of penalty, apply
one or more degrees, destierro is the proper
Art. 26 (P200 fine prescribes in 10 years).
penalty.
c. Duration and Effect
Note: Reclusion perpetua is not the same as
DURATION imprisonment for life or life imprisonment.
PENALTY DURATION
Reclusion Perpetua 20 years and 1 day
to 40 years
Reclusion Temporal 12 years and 1 day
to 20 years
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RECLUSION LIFE judicial authorities for the enforcement of the

PERPETUA IMPRISONMENT penalty.
The RPC does not a. This rule applies in cases of penalties
prescribe the penalty consisting in deprivation of liberty (e.g.
of life imprisonment for imprisonment and destierro) and the
any of the felonies offender is not in prison.
therein defined, that
penalty being 3. Rule No. 3 the duration of other penalties
invariably imposed for – the duration is from the day on which the
serious offenses offender commences to serve his sentence.
penalized not by the a. This rule applies in cases of:
RPC, but by special i. (Penalties consisting in
law. deprivation of liberty) and the
Reclusion perpetua Does not appear to offender is undergoing
entails imprisonment have any definite preventive imprisonment; but the
for at least thirty [30] extent or duration. offender is entitled to a deduction
years after which the of full time or 4/5 of the time of his
convict becomes detention.
eligible for pardon ii. (Temporary penalties) and the
Carries with it Does not carry with it offender is not under detention,
accessory penalties any accessory penalty, because the offender has been
released on bail.
COMPUTATION OF PENALTIES
Notes:
Rules observed by the Director of Prisons or a. Service in prison begins only on the day the
the warden in computation of penalties judgment of conviction becomes final.
imposed upon the convicts: b. If in custody and the accused appeals, the
service of the sentence should commence
1. Rule No. 1 when the offender is in prison from the date of the promulgation of the
– the duration of temporary penalties is from decision of the appellate court, not the trial
the day on which the judgment of court’s.
conviction becomes final, and not from the
day of his detention. EFFECT
a. This rule applies in cases of temporary
penalties (e.g. temporary absolute EFFECTS OF THE PENALTIES OF
disqualification, temporary special PERPETUAL OR TEMPORARY ABSOLUTE
disqualification, and suspension) and the DISQUALIFICATION (ART. 30)
offender is under detention (as when he a. Deprivation of the public offices and
is undergoing preventive imprisonment) employments which the offender may have
held, even if conferred by popular election;
Reason: Under Art. 24, the arrest and b. Deprivation of the right to vote in any election
temporary detention of the accused is not for any popular elective office or to be elected
considered a penalty. to such office;
c. Disqualification for the offices or public
2. Rule No. 2 when the offender is not in employments and for the exercise of any of
prison – the duration of penalties consisting the rights mentioned; and
in deprivation of liberty, is from the day that d. Loss of all rights to retirement pay or other
the offender is placed at the disposal of pension for any office formerly held.
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Notes: Purpose: To preserve the purity of elections; one

a. PERPETUAL ABSOLUTE rendered infamous by conviction of felony or
DISQUALIFICATION is effective during the other base offenses indicative of moral turpitude
lifetime of the convict and even after the is unfit to exercise such rights. (People v. Corral,
service of the sentence. G.R. No. L-42300, 1936).
b. TEMPORARY ABSOLUTE
DISQUALIFICATION Effects of Civil Interdiction (Art. 34)
i. General Rule: lasts during the term of a. Deprivation of the rights of parental authority
the sentence, and is removed after the or guardianship of any ward;
service of the same. b. Deprivation of marital authority;
ii. Exceptions: c. Deprivation of the right to manage his
1. Deprivation of the public office or property and of the right to dispose of such
employment (Effect no.1); and property by any act or any conveyance inter
2. Loss of all rights to retirement vivos;
pay or other pension for any d. But he can dispose of such property by will or
office formerly held (Effect no. 4). donation mortis causa; and
e. He can also manage or dispose of his
Effects of Perpetual or Temporary Special property by acts inter vivos, if done in his
Disqualification (Art. 31) behalf by a judicial guardian appointed for
a. Deprivation of the office, employment, him as an “incompetent.” (Sec. 2, Rule 92,
profession or calling affected; and Rules of Court)
b. Disqualification for holding similar offices or
employments perpetually or during the term Civil interdiction is an accessory penalty to
of the sentence. the following principal penalties:
1. If death penalty is commuted to life
Effects of Perpetual or Temporary Special imprisonment;
Disqualification for the Exercise of the Right 2. Reclusion perpetua; and
of Suffrage (Art. 32) 3. Reclusion temporal.
a. Deprivation of the right to vote or to be
elected to any public office; and Effects of Bond to Keep the Peace (Art. 35)
b. Cannot hold any public office during the a. The offender must present two sufficient
period of disqualification. sureties who shall undertake that the offender
will not commit the offense sought to be
Effects of Suspension from any Public Office, prevented, and that in case such offense be
Profession, or Calling, on the Right of committed they will pay the amount
Suffrage (Art. 33) determined by the Court; or
a. Disqualification from holding such office or b. The offender must deposit such amount with
exercising such profession or calling or right the Clerk of Court to guarantee said
of suffrage during the term of the sentence; undertaking; or
and c. The offender may be detained, if he cannot
b. If suspended from public office, the offender give the bond, for a period not to exceed 6
cannot hold another office having similar months if prosecuted for grave or less grave
functions during the period of suspension. felony, or for a period not to exceed 30 days,
if for a light felony.
DISQUALIFICATION is the withholding of a i. Bond to keep the peace is different from
privilege, a restrictions upon the right of suffrage bail bond which is posted for the
or to hold office, and not a denial of a right. provisional release of a person arrested for
or accused of a crime. Bond to keep the
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peace or for good behavior is imposed as Rules as to subsidiary imprisonment

a penalty in threats. PENALTY IMPOSED SUBSIDIARY
ii. Justice Regalado: It is believed that this IMPRISONMENT
punitive sanction cannot be applied since Prision correcional or Not exceed 1/3 of the
this bond is required only in the crime of arresto and fine term of the sentence,
threats and if the offender fails to comply and in no case to
therewith, the penalty imposable is continue for more
destierro (Art. 284). Neither can this than one year.
penalty apply to crimes under special laws
as only “felonies” (i.e. crime punished Note: Fraction or part
under RPC) are contemplated therein. of a day, not counted.
Fine only Not exceed 6 months,
d. Application
if the offender is
General Rule: The penalty prescribed by law in prosecuted for a
general terms shall be imposed: grave or less felony,
1. Upon the principals; and and not to exceed 15
2. For consummated felony. days if prosecuted for
a light felony.
Exception: When the law fixes a penalty for the Higher than prision No subsidiary
frustrated or attempted felony in cases where law correcional imprisonment
considers that the penalty lower by one or two Penalty imposed is Subsidiary penalty
degrees corresponding to said acts of execution not to be executed by shall consist in the
is not proportionate to the wrong done. confinemend, but of same deprivations as
fixed duration those of the principal
SUBSIDIARY IMPRISONMENT penalty, under the
same rules above.
Subsidiary penalty In case the financial He shall pay the fine,
It is a subsidiary personal liability to be suffered circumstances of the notwithstanding the
by the convict who has no property with which to convict should fact that the convict
meet the fine. improve suffered subsidiary
personal liability
Notes: therefor
a. Failure to pay the fine subjects the accused
to subsidiary imprisonment. “The same deprivations as those of which
b. R.A. 10159, enacted on April 10, 2012 the principal penalty consists” (paragrapg 4,
changed the subsidiary personal liability to be Art. 39)
suffered by the convict with no property with The subsidiary penalty is the same deprivations
which to meet the fine, at the rate of one day as those of which the principal penalty consists
for each amount equivalent to the highest of. Thus, if the penalty imposed is imprisonment,
minimum wage rate (opposed to 8 pesos) the subsidiary penalty must be imprisonment
prevailing in the Philippines at the time of the also. If the penalty is destierro, the subsidiary
rendition of judgment of conviction by the trial penalty must be destierro also.
court.
c. Judgement of conviction must impose No subsidiary penalty in the following cases:
subsidiary imprisonment. 1. When the penalty imposed is higher than
d. Subsidiary imprisonment is not an accessory prision correcional.
penalty. 2. For failure to pay the reparation of the
damage caused, indemnification of the
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consequential damages, and the cost of the years of age shall be reclusion temporal in its
proceedings. medium period." The penalty of reclusion
3. When the penalty imposed is a fine and a temporal in its medium period is 14 years, eight
penalty not to be executed by confinement in (8) months, and one (1) day to 17 years and four
a penal institution and which has no fixed (4) months. (People v. Pusing y Tamor, G.R. No.
duration. 208009, J. LEONEN, July 11, 2016)
INDETERMINATE SENTENCE LAW (ISL) PLEASE SEE SPL REVIEWER FOR A

COMPLETE DISCUSSION OF THE ISL p.
Application on the imposed sentence: 341
The ISL consists of a maximum and minimum,
e. Graduation of Penalties
instead of a single fixed penalty. The prisoner
must be sentenced to imprisonment for a period Graduation of Penalties Refers to:
which is not more than the maximum and not less 1. By degree:
than the minimum. a. Stages of execution (consummated,
frustrated, attempted); and
The prisoner must serve the minimum before he b. Degree of the criminal participation of
is eligible for parole. The period between the the offender (principal, accomplice,
minimum and maximum is indeterminate in the accessory);
sense that the prisoner may be exempted from 2. By period:
serving said indeterminate period in whole or in a. Minimum, medium, maximum: refers to
part. the proper period of the penalty, which
should be imposed when aggravating
The law does not impair the powers of the Chief or mitigating circumstances attend the
Executive under the Administrative Code. commission of the crime
Purpose: To uplift and redeem valuable human Graduated Scales for Lowering of Penalties
material and prevent unnecessary and excessive (Article 71)
deprivation of liberty and economic usefulness. 1.Reclusion perpetua
(People v. Ducosin, G.R. No. L-38332, 1933). 2.Reclusion temporal
3. Prision mayor
Note: If a person rapes his 12-year-old foster 4.Prision correccional
daughter, the indeterminate penalty of 14 years SCALE No. 1 5. Arresto mayor
and eight (8) months of reclusion temporal as 7. Destierro
minimum to 20 years of reclusion temporal should 8. Arresto menor
be imposed. Article 266-B(10) of the RPC states 9. Public censure
that the penalty of reclusion temporal shall be 10. Fine
imposed if the rape through sexual assault is 1. Perpetual absolute
committed with any of the 10 aggravating or disqualification
qualifying circumstances listed in paragraph 6. 2.Temporary absolute
Since the aggravating or qualifying disqualification
circumstances of relationship and minority are 3. Suspension from
present, the penalty of reclusion temporal SCALE NO. 2 public office, the right to
prescribed by the RPC under Article 266-B(10) vote and be voted for,
shall be in its maximum period. and the right to follow a
profession or calling
Further, Article III, Section 5(b) of Republic Act 4. Public censure
No. 7610 provides that "the penalty for lascivious 5. Fine
conduct when the victim is under twelve (12)
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PENALTY ACCESSORY
PENALTIES
Article 71 provides the scales which should be
Death, when 1. Perpetual absolute
observed in graduating the penalties by degrees
not executed by disqualification; and
in accordance with Article 61.
reason of 2. Civil interdiction for 30
Illustration: commutation or years, if not expressly
pardon remitted in the pardon.
Arresto MAX Penalty Reclusion 1. Civil interdiction for life
Mayor prescribed perpetua and or during the sentence;
Med by law reclusion and
temporal 2. Perpetual absolute
min ONE degree disqualification, unless
lower expressly remitted in
Destierro MAX the pardon of the
principal penalty.
Med TWO
Prision mayor 1. Temporary absolute
degrees
min disqualification; and
lower
2. Perpetual special
This penalty two degrees lower from arresto disqualification from
mayor in its medium and maximum periods is suffrage, unless
destierro in its minimum and medium periods. expressly remitted in
the pardon of the
f. Accessory Penalties principal penalty.
Prision 1. Suspension from
Art. 25 classifies penalties into:
correccional public office,
1. Principal penalties — those expressly
profession or calling,
imposed by the court in the judgment of
and
conviction.
2. Perpetual special
2. Accessory penalties — those that are
disqualifica tion from
deemed included in the imposition of the
suffrage, if the duration
principal penalties.
of imprisonment
exceeds 18 months,
Accessory Penalties:
unless expressly
a. Perpetual or temporary absolute
remitted in the pardon
disqualification,
of the principal penalty.
b. Perpetual or temporary special
Arresto Suspension of the right to
disqualification,
hold office and the right of
c. Suspension from public office, the right to
suffrage during the term of
vote and be voted for, the profession or
the sentence.
calling.
d. Civil interdiction,
Notes:
e. Indemnification,
a. Destierro has no accessory penalty
f. Forfeiture or confiscation of instruments and
b. Accessory penalties need not be expressly
proceeds of the offense,
imposed as they are deemed imposed.
g. Payment of costs.
• Article 73 provides that whenever the
courts shall impose a penalty which, by
provision of law, carries with it other
Penalties in which other Accessory Penalties
penalties, it must be understood that the
Are Inherent:
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necessary penalties are also imposed • If the convict has already served
upon the convict. sentence for one offense, that
imprisonment will not be considered for
———— end of topic ———— the purpose of the three-fold rule.
f. Subsidiary imprisonment shall be excluded in
V. EXECUTION AND SERVICE computing for the maximum duration.
a. Three-Fold Rule
b. Probation Law (P.D. No. 968)
Three-Fold Rule (ART. 70)
If an accused has to serve more than 3 PLEASE SEE DISCUSSION ON PD 968 IN
sentences, he cannot be sentenced to more than THE SPL REVIEWER p. 344
3 times the most severe penalty that may be
imposed on him for the various crimes he might
c. Juvenile Justice and Welfare Act of 2006
have committed.
PLEASE SEE DISCUSSION IN THE SPL
Illustration: X is sentenced to suffer: REVIEWER p. 347
• 14 years, 8 months and 1 day (homicide)
• 17 years, 4 months, and 1 day (in another DISTINGUISHED FROM PREVENTIVE
case) — most severe penalty IMPRISONMENT PERIOD OF PREVENTIVE
• 14 years and 8 months (third case) IMPRISONMENT DEDUCTED FROM TERM OF
• 12 years (frustrated homicide) IMPRISONMENT (ART. 29):
The most severe penalty is 17 years, 4 months, PREVENTIVE IMPRISONMENT is the period
and 1 day. Three times the penalty is 52 years of detention undergone by an accused where the
and 3 days. crime with which he is charged is non-bailable or,
even if bailable he is unable to post the requisite
But since the law limits the duration of the bail.
maximum term to not more than 40 years, X
will suffer 40 years only. RULES IN DEDUCTING PERIOD OF
PREVENTIVE IMPRISONMENT:
Purpose: (aside from the 40-year limit) To avoid
the absurdity of a man being sentenced to 1. If the detention prisoner agrees voluntarily in
imprisonment for a longer period than his natural writing to abide by the same disciplinary rules
life. imposed upon convicted prisoners, he shall
be credited in the service of his sentence with
Notes: the full time during which he had undergone
a. Applies although the penalties were imposed preventive imprisonment.
for different crimes, at different times, and 2. If the detention prisoner does not agree to
under separate informations. abide by the same disciplinary rules imposed
b. If the sentence is indeterminate, the basis of upon convicted prisoners, he shall be
the threefold-rule is the maximum sentence. credited only with 4/5 the time during which
c. The maximum duration of the convict’s he has undergone preventive imprisonment.
sentence shall not exceed 3 times the length
of time corresponding to the most severe of Note: Under the Child and Youth Welfare Code
the penalties imposed upon him; (PD 603), the youthful offender shall be credited
d. But in no case to exceed 40 years; in the service of his sentence with the full time he
e. This rule shall apply only when the convict is spent in actual confinement and detention. It is
to serve 4 or more sentences successively. not necessary that he agreed to abide by the
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disciplinary rules imposed upon convicted menor or a fine not

prisoners. exceeding P40,000
or both is provided.
Offenders not entitled to be credited with the Article 26 Afflictive penalty –
full time or four-fifths of the time of their exceeds P1,200,000
preventive imprisonment:
1. Recidivists or those convicted previously Correctional penalty
twice or more times of any crime. – If it does not
a. Habitual delinquents are not entitled exceed P1,200,000
to credit of time under preventive but is not less than
imprisonment since he is P40,000
necessarily a recidivist.
2. Those who, upon being summoned for the Light penalty – Less
execution of their sentence, failed to than P40,000
surrender voluntarily (convicts who failed
to voluntarily surrender under a final ———— end of topic ————
judgment; not those who failed or refused to
voluntarily surrender after the commission of
the crime) VI. Extinction of criminal liability
Total Extinction of Criminal Liabilities (Art.
Notes: 89):
a. Credit is given in the service of sentences 1. Death of the convict
consisting of deprivation of liberty • Whether before or after final judgment
(imprisonment and destierro), whether 2. Service of sentence
perpetual or temporal. 3. Amnesty, which completely extinguished the
b. The accused shall be released immediately penalty and all its effects
whenever he has undergone preventive • Amnesty: act of the sovereign power
imprisonment for a period equal to or more granting oblivion or general pardon for
than the possible maximum imprisonment for past offense, exerted in favor of a class
offense charged. of persons
c. If the penalty imposed is arresto menor to • Amnesty may be granted after
destierro, the accused who has been in conviction
prison for 30 days (arresto menor to 30 days) 4. Absolute pardon
should be released because although the • Pardon: act of grace proceeding from
maximum penalty is destierro (6 months and the power which executes the law
1 day to 6 years), the accused sentenced to exempting an individual from
such penalty does not serve it in prison. punishment of crime committed
• The pardon must be absolute and must
d. Republic Act No. 10951 be accepted by the convicted person
An Act Adjusting the Amount or the Value of
Property and Damage on Which a Penalty is Amnesty v. Pardon
Based and the Fines Imposed Under the AMNESTY PARDON
Revised Penal Code Political offenses Any offense
Article 9 Light felonies are A class of person or An individual is
those infractions of communities pardoned
law or the May be exercised Individual is already
commission of which even before trial or convicted
the penalty of arresto investigation
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Looks backward and Looks forward and death pending appeal extinguishes his criminal
abolishes the offense relieves offender of liability and civil liability ex delicto, the criminal
itself (thus an ex- consequences of the action must be dismissed since there is no longer
convict will no longer offense he was a defendant to stand as the accused. From that
be a recidivist) convicted of (ex- point on, the criminal action had no defendant
convict will remain a upon which the action is based. (Tuano y
recidivist) Hernandez v. People, G.R. 205871, J. LEONEN,
September 28, 2016)
5. Prescription of the crime
6. Prescription of the penalty Prescription of Crimes (Art. 90)
• Forfeiture of right of government to PENALTY OF PRESCRIPTIVE
execute final sentence OFFENSE PERIOD
• Requisites: Death, reclusion 20 years
1. Penalty is imposed by final perpetua, reclusion
sentence temporal
2. Convict evaded the service of the Afflictive penalties 15 years
sentence by escaping during the Correctional penalty 10 years
term of his sentence (except arresto
7. Marriage of the offended woman (as mayor)
provided in Art. 344) Arresto mayor 5 years
Note: In cases of seduction, abduction, acts of Computation of Prescription of Offenses

lasciviousness, and rape, the marriage of the a. Period of prescription commences to run from
offender with the offended party shall the date of commission or from the date of
extinguish the criminal action or remit the discovery
penalty already imposed upon him. The b. In computing the period for prescription,
provisions of this paragraph shall also be exclude the first day and include the last
applicable to the co-principals, accomplices c. When the last day falls on a Sunday or legal
and accessories after the fact of the holiday, the information can no longer be filed
abovementioned crimes. (Art. 344, RPC) on the next day as the crime has already
prescribed. (Yapdiangco v Buencamino, No.
Marriage of the offender with the offended woman L- 28841, June 24, 1983)
AFTER the commission of any of the crimes of d. It is interrupted by the filing of the complaint
rape, seduction, abduction or acts of or information and commences to run again
lasciviousness must be contracted by the when the proceedings terminate without the
offender in GOOD FAITH. (People vs. Santiago, accused being convicted or acquitted or
51 Phil. 68, 70) unjustifiably stopped for any reason not
imputable to him.
—How about in rape? e. Prescription does not run when the offender
In cases of rape, under Article 266-C, the is absent from the Philippines.
subsequent valid marriage between the f. When the penalty is compound, the highest
offended party (and the rape victim) shall penalty is the basis for the application of the
extinguish the criminal action or the rules in Art. 90
penalty imposed, only as to the principal. g. Where there is an alternative penalty of fine,
which is higher than the penalty of
Note: When the accused dies during the imprisonment, prescription of the crime will
pendency of his appeal, his criminal liability has be based on the fine
already been extinguished. Considering that his h. Consider the penalty prescribed by law
Page 83 of 354
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Prescription of Penalties (Art. 92) • Usual condition imposed: that he shall

PENALTY PRESCRIPTIVE not again violate any of the penal laws of
PERIOD the Philippines
Death and reclusion 20 years b. Commutation of sentence (Art. 95)
perpetua Examples:
Other afflictive 15 years • Convict sentenced to death is over 70
penalties (Art. 83)
Correctional 10 years • 8 SC Justices fail to reach decision of
penalties (except affirmance of death penalty
arresto mayor) c. Good conduct allowances which the culprit
may earn while he is serving his sentence
Light penalties 1 year
(Art. 95)
• Deductions of term of sentence for good
Computation of Prescription of Penalties
behavior (Art. 97)
a. Commences to run from the date when the
• Special time allowance for loyalty (Art.
culprit evaded the service of his sentence
98)
b. Interrupted when the convict
d. Parole granted by Parole Board (Reyes The
i. Gives himself up
Revised Penal Code, Book 1, 2011)
ii. Is captured
• Parole: suspension of the sentence of a
iii. Goes to a foreign country with no
convict after serving the minimum of the
extradition treaty
indeterminate penalty without the grant of
iv. Commits another crime before the
pardon
expiration of the period of prescription
v. Acceptance of conditional pardon
Conditional Pardon v. Parole
(People v Puntillas, G.R. No. 45267,
CONDITIONAL PAROLE
June 15, 1938)
PARDON
c. Where the accused was never placed in
confinement, the period for prescription never Granted by Chief Granted by the
starts to run in his favor. (Pangan v Hon. Executive Board of Pardons
Gatbalite, et al., G.R. No. 141718, January and Parole
21, 2005) Basis is Basis is the
Administrative Code Indeterminate
Sentence Law
Prescription of felonies v. Prescription of
Give any time after Given after prisoner
penalties
final judgment has served the
PRESCRIPTION OF PRESCRIPTION OF
minimum penalty
FELONIES PENALTIES
Violation of Violation of parole
The forfeiture or loss The loss or forfeiture
conditional pardon may lead to
ofthe right ofthe State of the right of the
may result in reincarceration for
to prosecute the Government to
reincarceration and service of unserved
offender after the execute the final
prosecution under Art potion of original
lapse of a certain sentence after the
159 (evasion of penalty without
time. lapse of a certain
service of sentence) prosecution for Art.
time.
159.
Allowance for Good Conduct

Partial Extinction of Criminal Liability
LENGTH OF ALLOWED
a. Conditional pardon (Art. 95)
SENTENCE DEDUCTION PER
SERVED
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MONTH OF GOOD VII. CIVIL LIABILITIES IN CRIMINAL CASES

BEHAVIOR Every Person Criminally Liable for a Felony is
First 2 years 5 days also Civilly Liable (Art. 100)
3rd to 5th year 8 days
6th to 10th year 10 days Two Classes of Injuries:
11th year onwards 15 days 1. Social Injury
2. Personal Injury
Note: No allowance for good conduct while the
prisoner is released under a conditional pardon SOCIAL INJURY PERSONAL INJURY
(People v Martin, 68 Phil. 122) Produced by the Caused to the victim
disturbance and of the crime who may
Special Time Allowance for Loyalty alarm which are the have suffered
A deduction of one fifth (1/5) of the period of outcome of the damage to either
sentence is granted to any prisoner who, having offense his/her person,
evaded his prevented imprisonment or the property, honor, or
service of his sentence, under the following chastity
circumstances: Repaired through the Indemnity is civil in
a. On the occasion of disorder resulting from a imposition of the nature
conflagration, earthquake, explosion, or corresponding
similar catastrophe, or penalty
b. During a mutiny in which he has not
participated — What is included in civil liability (Art. 104)
1. Restitution
gives himself up to the authorities within 48 hours • The exact thing unlawfully taken must be
following the issuance of a proclamation restored even if found in possession
announcing the passing away of the calamity or of third person who acquired it through
catastrophe. lawful means
• General Rule: restitution is limited to
A deduction of two-fifths (2/5) of the period of his crimes against property
sentence shall be granted in case said prisoner 2. Reparation of damage caused
chose to stay in the place of his confinement • If restitution is not possible
notwithstanding the existence of a calamity or • Generally refers to crimes against
catastrophe. property
3. Indemnification of consequential damages
———— end of topic ———— • Generally refers to crimes against
persons
• Not only damages suffered by injured
party but also those suffered by his family
or third persons by reason of the crime
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Civil Liability v. Pecuniary Liability concubinage, illegal

CIVIL LIABILITY PECUNIARY or arbitrary detention
(Art. 104) LIABILITY (Art. 38) or arrest, illegal
Reparation of damages caused search, libel, slander,
Indemnification for consequential damages defamation, and
Includes restitution No restitution as in malicious prosecution
pecuniary liability, Offense committed Exemplary damages
liability is paid out of with one or more
property of offender. aggravating
In restitution, property circumstance
unlawfully taken is
returned Notes:
Does not include Includes fines and a. If there is no damage caused by the
fines or costs of the costs of the commission of the crime, the offender is not
proceedings proceedings civilly liable.
b. Acquittal in a criminal case does not
Damages That May be Recovered in Criminal necessarily mean the extinction of accused’s
Cases: civil liability.
OFFENSE DAMAGE • Eg. Acquittal on reasonable doubt,
AWARDED acquittal from a cause of
nonimputability, acquittal in the criminal
Crimes against Damages is based
action for negligence, when there is
property on price of the thing
only civil liability, independent civil
and sentimental
value to injured party actions.
if the thing itself c. A person exempt from criminal liability under
Art 12 is not necessarily exempt from civil
cannot be restored.
liability.
Crimes against Whatever the injured
• Except:
persons (i.e. physical party spent for the
• Par 4, Art 12, for injury caused by
injuries) treatment of his
mere accident
wounds, doctor’s
• Par 7, Art 12, for failure to perform
fees, and unearned
an act required by law when
wages by reason of
prevented by some lawful or
inability to work
insuperable cause.
because of the
d. There is no civil liability in justifying
injuries. (In case of
circumstances (Art 11).
temporary or
e. Civil liability is extinguished in the same
permanent personal
manner as other obligations (i.e. payment,
injury, damages for
performance, loss of the thing due)
loss or impairment of
earning capacity may
be awarded.)
Criminal offenses Moral damages
resulting in physical
injuries, in crimes of
seduction, abduction,
rape or other
lascivious acts,
adultery,
Page 86 of 354
CRIMES UNDER
THE REVISED
PENAL CODE
Criminal Law
ATENEO CENTRAL
II. CRIMES UNDER THE REVISED PENAL A. CRIMES AGAINST NATIONAL SECURITY
CODE AND THE LAWS OF NATIONS
Chapter 1: Crimes against National Security
TOPIC OUTLINE UNDER THE SYLLABUS:
Section 1. – Treason and Espionage
II. CRIMES UNDER THE REVISED PENAL
CODE Art. 114 Treason
A. CRIMES AGAINST NATIONAL SECURITY Treason is a breach of allegiance to a
AND LAWS OF NATIONS government committed by a person who owes
B. CRIMES AGAINST THE FUNDAMENTAL allegiance to it.
LAW OF THE STATE
Elements: (FRAP- LAW)
C. CRIMES AGAINST PUBLIC ORDER 1. that the offender (a Filipino citizen or a
D. CRIMES AGAINST PUBLIC INTEREST Resident Alien) owes allegiance to the
Government of the Philippines
E. CRIMES AGAINST PUBLIC MORALS 2. the offender either:
F. CRIMES COMMITTED BY PUBLIC a. Levies war against the Government; or
OFFICERS b. Adheres to the enemies by giving them
aid or comfort
G. CRIMES AGAINST PERSONS
3. that there is a War in which the Philippines is
H. CRIMES AGAINST PERSONAL LIBERTY involved
AND SECURITY
Allegiance
I. CRIMES AGAINST PROPERTY
Obligation of fidelity and obedience which the
J. CRIMES AGAINST CHASTITY individuals owe to the government under which
they live or to their sovereign, in return for
K. CRIMES AGAINST THE CIVIL STATUS OF
protection they receive. (Laurel v Misa, GR No. L-
PERSONS
409, January 30, 1947)
L. CRIMES AGAINST HONOR
M. QUASI-OFFENSES Can treason committed in a foreign country
be prosecuted in the Philippines?
Yes. Treason committed in a foreign country may
be prosecuted in the Philippines. (Art. 2, RPC)
Place of commission of crime

1. Filipino citizen: anywhere since he owes
permanent allegiance which consists in the
obligation of fidelity and obedience which a
citizen or subject owes to his government or
sovereign;
2. Alien: only in the Philippines except in case of
conspiracy. An alien owes only temporary
allegiance to the country where he resides.
Temporary allegiance is the obligation of
fidelity and obedience which a resident alien
owes to the Philippine Government.
Page 88 of 354
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Nature of Treason Notes on Treason by Adherence to Enemies

Treason is a war crime (hence, cannot be
committed during a time of peace), punished by Adherence to enemies
the state as a measure of self-defense and self- Intent to betray; when a citizen intellectually or
preservation. (Concurring Opinion of Justice emotionally favors the enemy and harbors
Perfecto, Laurel v. Misa, G.R. No. L-409, January sympathies or convictions disloyal to his
30, 1947) country’s policy or interest. (Cramer v US, 65
Sup. Ct. 918, April 23, 1945)
Punishable Acts
1. Levying war – requires concurrence of: Adherence without Physical Manifestations
a. An actual assembling of men; and Mere adherence without its physical
b. For the purpose of executing a manifestation through the giving of aid or comfort
treasonable design by force; to the enemy does not suffice. They must concur.
2. Adherence to enemies – requires (People v Tan, PC, 42 O.G. 1263)
concurrence of:
a. Actual adherence to the enemies; and Enemy
b. Giving aid or comfort to them. The term enemy should refer to a foreign country
(US v Lagnayon, 3 Phil 478). It applies only to the
Notes on Treason by Levying War subjects of a foreign power in a State of hostility
with the traitor’s country because this Article
Intent to Overthrow Government treats of circumstances of war. It does not
Levying war must be with intent to overthrow the embrace rebels in insurrection against their own
government, not merely to resist a particular country, for in that case the crime would be
statute or to repel a particular officer. It matters rebellion. (Reyes, Book Two)
not how vain and futile the attempt was and how
impossible its accomplishment. Aid or Comfort
Act which strengthens or tends to strengthen the
Not necessary that there be a Formal enemy in the conduct of war against the traitor’s
Declaration of War country and an act which weakens or tends to
In treason by levying war, it is not necessary that weaken the power of the traitor’s country to resist
there be a formal declaration of the existence of or to attack the enemy. (Cramer v US, 65 Sup. Ct.
a state of war. Actual hostilities may determine 918, April 23, 1945)
the date of the commencement of war.
(Concurring Opinion of Justice Perfecto, Laurel v. Extent of Aid or Comfort
Misa, G.R. No. L-409, January 30, 1947) It must be a deed or physical activity, such as acts
furnishing the enemy with arms, troops, supplies,
Levying in Collaboration with a Foreign information or means of transportation, and not
Enemy merely a mental operation. (Reyes, Book Two, p.
If the levying of war is done in collaboration with 7)
a foreign enemy but is merely a civil uprising
without any intention of helping an external The overt act must be intentional. There is no
enemy, the crime is not treason. The offenders treason through negligence. (Reyes, Book Two,
may be held liable for rebellion. (Luis B. Reyes, p. 11)
The Revised Penal Code Book Two p. 6, 2017)
Giving information to, or commandeering
foodstuffs for, the enemy is evidence of both
adherence and aid or comfort. (Reyes, Book Two,
p. 7)
Page 89 of 354
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Effect when efforts to aid not successful b. Nature of act itself; or

Not essential that the effort to aid be successful, c. Circumstances surrounding the act.
provided overt acts are done which if successful
would advance the interest of the enemy (People Two-witness rule:
v Alarcon, GR No. L-407, July 28, 1947) Testimonies need not be identical, but must
relate to the same overt act (Hauft v. United
Acceptance of public office and discharge of States, 67 S. Ct. 874). It is sufficient that the
official duties under the enemy witnesses are uniform in their testimonies on the
Mere acceptance of public office and discharge of overt act; not necessarily that there be a
official duties under the enemy do not constitute corroboration between them on the point they
the felony of treason. But when the position is testified on (People v. Concepcion G.R. No. L-
policy- determining, the acceptance of public 1853, October 25, 1949).
office and the discharge of official duties
constitute treason. The two-witness rule is severely restrictive;
hence, each of the witnesses must testify to the
Policy-Determining – Officials who defined the whole overt act; or if it is separable, there must be
norm of conduct that all offices and officials under two witnesses to each part of the overt act
the department he headed had to adopt and (People v. Escleto, G.R. No. L-1006, June 28,
enforce, and helped in the propagation of the 1949).
creed of the invader, and the acts and utterances
of the accused while holding the position which Reason for two-witness rule:
were done in earnest implement of such policy, The special nature of the crime requires that the
and the acceptance of such public office and accused be afforded a special protection not
discharge of such official duties constitute required in other cases so as to avoid a
treason. (People v Sison, P.C., 42 O.G. 748) miscarriage of justice. (Concurring Opinion of
Justice Perfect in El Pueblo de Filipinas v.
Acts not considered as treason Marcaida, GR No. L-953, September 18, 1947)
1. Commandeering of women merely to satisfy
the lust of the enemy (People v Perez, GR When court believes in only 1 witness
No. L-856, April 18, 1949) The two-witness rule is not satisfied if the court
2. Marriage of the accused to a Japanese believes in only one witness (People v Adriano,
woman and employment as an interpreter GR No. L-477, June 30, 1947)
(People v Bascon, GR No. L-1548, Match 29,
1949) Witnesses not uniform on some points
It is not sufficient to entirely discredit testimonies
Other Acts Considered as Treason of witnesses if the deficiency refers merely to
Serving as informer and active member of the minor details. (People v Lansanas, GR No. L-
Japanese Military Police (People v Fernando, GR 1622, December 2, 1948)
No L-1138, December 17, 1947)
Confession of guilt by the accused in open
Ways to prove: court
1. Treason (Overt act of giving aid or The confession in open court, upon which a
comfort) defendant may be convicted for treason, is a
a. Testimony - at least 2 witnesses to the confession of guilt. The section cannot be
same overt act; or extended so as to include admissions of fact, from
b. Judicial confession of the accused in which his guilt may be inferred, made by the
open court. defendant in giving his testimony after a plea of
2. Adherence not guilty. (US v Magtibay, GR No. L-1317,
a. One witness; November 23, 1903)
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Extrajudicial confession made before When common crimes may be considered

investigators is not sufficient. (Reyes, Book Two, separately from crime of Treason
p. 16) Common crimes such as murder, physical
injuries, kidnapping, illegal detention, or robbery
Circumstances inherent in Treason: (EAT) may be considered separately from the crime of
1. Evident premeditation; treason when they are committed for a private or
2. Abuse of Superior Strength; and personal purpose or motive and not for the
3. Treachery (People v. Adlawan, 83 Phil 195; purpose of ‘giving aid or comfort to the enemy’ as
People v. Racaza, 82 Phil 623) an element of treason. (1 AMURAO, Book Two)
Aggravating circumstances in Treason: Art. 115. Conspiracy and Proposal to Commit

(ICAG) Treason
1. Ignominy;
2. Cruelty; Elements:
3. Amount or degree of aid; and 1. Proposal to Commit Treason
4. Gravity or seriousness of the acts of treason. a. In times of War;
b. A Person who has decided to levy war
Treason is a continuous offense against the government, or to Adhere to
Treason is a continuous offense. (People v. the enemies and to give them aid or
Victoria, G.R. No. L-369 March 13, 1947) comfort; and
c. Proposes its execution to some other
Quantity of evidence required for conviction person/s.
Proof of one count is sufficient for conviction. 2. Conspiracy to Commit Treason
(People v. San Juan, G.R. No. L-2997, June 29, a. In times of War;
1951) b. Two Or More persons come to an
Agreement to -
Defenses in Treason i. Levy war against the government;
DEFENSES NOT A DEFENSE or
Duress or Suspended ii. Adhere to the enemies and to give
uncontrollable fear; allegiance; and them aid or comfort; and
and c. They Decide to commit it.
Obedience to de Joining the enemy
facto government. army thus Conspiracy and Proposal to commit a felony
becoming a citizen as a general rule
of the enemy. As a general rule, conspiracy and proposal to
commit a felony is not punishable. (Art. 8) Art.
Treason cannot be complexed with other 115 is an exception as it specifically penalizes
crimes conspiracy and proposal to commit treason.
There is no complex crime of treason with murder Proposal if accepted
or physical injuries. (People v. Prieto 80 Phil. 138) Mere proposal even without acceptance is
This is because, when the deed is charged as an punishable. If the other accepts, it is already
element of treason, it becomes identified with the conspiracy.
latter crime and cannot be the subject of a
separate punishment, or used in combination with Effect when the acts of Treason are
treason to increase the penalty which Art.48 of committed after Conspiracy or Proposal
the RPC provides. (People v Hernandez, GR No. If acts of treason are committed after the
L-6025, July 18, 1956) conspiracy or proposal, the crime committed
will be treason, and the conspiracy or proposal is
considered as a means in the commission
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thereof. The act of conspiracy and proposal are To whom conspiracy must be reported
absorbed therein. RPC mentions 4 individuals to whom the
conspiracy must be reported [i.e. 1) governor, 2)
Two-Witness Rule not Applicable provincial fiscal, 3) mayor, or 4) city fiscal], but
Two-witness rule – not applicable since this is a what if you report to some other high-ranking
crime separate and distinct from treason. government official? (ex: PNP Director)? Judge
Pimentel says any government official of the
Art. 116. Misprision of Treason DILG is OK.
Misprision of treason is the failure of a citizen
to report as soon as possible a conspiracy, Art.116 Exception to Rule that mere silence
which comes to his knowledge, against the does not make person criminally liable.
government. But there must be a war in which Failure to report violations of the law is not a
the Philippines is involved. (BOADO, RPC crime, except in certain cases. Art. 116 is an
and SPL) exception to the rule that mere silence does not
make a person criminally liable. (People v
Elements: Saavedra, GR No. L-49738, May 18, 1987)
1. That the offender is a citizen of the
Philippines, and not a foreigner; Art. 117. Espionage
2. That he has knowledge of any conspiracy Espionage is the offense of gathering,
against the Government; transmitting, or losing information with respect
3. That the conspiracy is one to commit treason; to the national defense, with intent or reason
4. That he conceals or does not disclose and to believe that the information is to be used to
make known the same as soon as possible to the injury of the Republic of the Philippines or
the proper authority the advantage of a foreign nation.
Can a resident alien commit the crime of Punishable Acts (modes of committing
misprision? Espionage):
No. A resident alien cannot commit misprision of 1. By entering, without authority, upon a
misprision. Art. 116 expressly provides “without warship, fort, or military or naval
being a foreigner”. establishment or reservation to obtain any
information, plans, photographs or other data
When misprision not applicable of confidential nature relative to the defense
Art. 116 does not apply when treason is already of the Philippines
committed by someone and the accused does not 2. By disclosing to the representative of a
report its commission. (Reyes, Book Two, p. 20) foreign nation the contents of the articles,
data or information referred to in the
Offender as accessory to treason, but a preceding paragraph, which he had in his
principal in the crime of misprision possession by reason of the public office he
The offender under Article 116 is punished as an holds
accessory to the crime of treason, which is two
degrees lower than the penalty for treason, but is Persons liable:
a principal offender in the crime of misprision of 1. First mode:
treason. Misprision is a separate and distinct ANY person whether:
offense from the crime of treason (Reyes, Book a. Filipino citizen OR resident alien
Two, p. 21) (foreigner); or
b. Private individual or a public officer; and
2. Second mode:
a. A public officer
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Elements: 10. Destroying or injuring or attempting to injure

1. By entering without authority, upon a warship, or destroy war material (when the country is
fort or military or naval establishment or at war) or national defense material,
reservation premises or utilities (Even if the country is not
a. that the offender enters any of the places at war); and
mentioned; 11. Making or causing to be made, in a defective
b. that he has no authority therefor; manner, or attempting to make, war material
c. that his purpose is to obtain information, (when the country is at war) or national
plans, photographs or other data of a defense material (even if the country is not at
confidential nature relative to the defense war)
of the Philippines
2. By disclosing to the representative of a Element of being a public officer
foreign nation the contents Being a public officer is a requirement in the
a. that the offender is a public offender; second mode, while it is only aggravating in the
b. that he has in his possession the articles, first.
data, or information referred to in par.1 by
reason of the public office he holds; Is wiretapping considered espionage?
c. that he discloses their contents to a No. Wiretapping is not espionage if the purpose
representative of a foreign nation is not connected with defense.
An Act To Punish Espionage And Other Is it necessary that the offender succeeds in
Offenses Against National Security (C.A. No. obtaining information?
616) In the first mode of committing the felony (that is,
Art. 117), it is not necessary that the offender
Acts punishable: succeeds in obtaining the information.
1. Unlawfully obtaining or permitting to be
obtained information affecting national Espionage and Treason, Distinguished.
defense; ESPIONAGE TREASON
2. Unlawful disclosing of information affecting As to condition of citizenship
national defense; Both are crimes not conditioned by the
3. Disloyal acts or words in time of peace (i.e. citizenship of the offender
causing in any manner insubordination, As to when they should be committed
disloyalty, mutiny or refusal of duty of any
May be committed Is committed only in
member of the military, naval, or air forces of both in time of time of war
the Philippines); peace and in time
4. Disloyal acts in time of war;
of war
5. Conspiracy to commit the foregoing acts;
As to manner of commission
6. Harboring or concealing violators of the law
May be committed Limited to 2 ways:
(i.e. the offender harbors a person whom he
in many ways not 1. Levying war; and
knows as someone who committed or is about
only because of Art. 2. Adhering to the
to commit a violation of this Act);
116 but in view of enemy, giving
7. Photographing, from aircraft, of vital military
the passage of C.A. them aid or
information;
No. 616 comfort
8. Using, permitting or procuring the use of an
aircraft for the same purpose of violation No.7
9. Reproducing, publishing, selling, or giving
away of uncensored copies of those
mentioned under No.7 without the permission
of the commanding officer or higher authority;
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Section Two: Provoking War and Disloyalty In Elements:

Case of War 1. War in which the Philippines is Not Involved;
2. For the Purpose of Enforcing neutrality, a
Art. 118. Inciting To War or Giving Motives for Regulation is issued by competent authority;
Reprisals and
Unlawful or unauthorized acts of an individual 3. That the offender Violates such
which provoke or give occasion for a war
involving or liable to involve the Philippines or Neutrality
expose Filipinos to reprisals on their persons It is the condition of a nation that, in times of war,
or property takes no part in the dispute but continues
peaceful dealings with the belligerents. There
Elements: must be a regulation issued by competent
1. Offender Performs Unlawful or unauthorized authority for the enforcement of neutrality.
acts; and
2. Such acts Provoke or give occasion for a war When crime committed
involving or liable to involve the Philippines or The crime is committed only in times of peace in
expose Filipino citizens to reprisals on their the Philippines, but in times of war
persons or property between/among other states.
When crime committed Philippines should not be part of the war

The crime is committed only in times of peace. It is the neutrality of the Philippines that is
violated. Philippines should not be a party to the
Is intent of offender material? war.
Intent of the offender is immaterial.
Art. 120. Correspondence with Hostile
Person of the offender Country
In inciting to war, the offender is any person. If the Any person who, in time of war, shall have
offender is a public officer, the penalty is reclusion correspondence with an enemy country or
temporal, while the penalty for a private individual territory occupied by enemy troops, in any of
is prision mayor. the modes of commission indicated in Art.
120.
Reprisal
It is an act of self-help on the part of the injured Elements:
state, responding (after an unsatisfied demand 1. A WAR in which the Philippines is Involved;
for redress) to an act contrary to international law 2. That the offender makes Correspondence
on the part of the offending state. (Naulilaa with an enemy country or territory occupied
Incident Arbitration, Portugese-German Arbitral by enemy troops;
Tribunal, 1928) 3. That the correspondence is either –
a. Prohibited by the government,
Reprisals are not limited to military action; it could b. carried on in Ciphers or Conventional
be economic in nature, or consist of denial of signs, or
entry into the offended country. c. containing notice or information which
might be useful to the Enemy.
Art. 119. Violation of Neutrality
refers to an any act which violates any Correspondence
regulation issued by competent authority for Communication by means of letters, or it may
the purpose of enforcing neutrality refer to the letters which pass between those who
have friendly or business relations. Note that,
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even if the correspondence contains innocent When crime consummated

matters, if the correspondence has been Mere attempt to flee or go to enemy country
prohibited by the government, it is punishable consummates the crime.
because of the possibility that some information
useful to the enemy might be revealed unwittingly. Why alien may be guilty of the crime
An alien resident may be guilty of flight to enemy
Cipher country because an alien owes temporary
Secret writing system; a code (Webster’s allegiance to the Philippine government.
Dictionary).
Necessity of prohibition
When prohibition by government not There must be a prohibition. If there is none, even
essential if one went to enemy country, there is no crime.
Prohibition by the government is not essential
when the correspondence: a) is carried on in Section 3. – Piracy and Mutiny on High Seas
ciphers or conventional signs, or b) contains or In Philippine Waters
notice or information which might be useful to the
enemy. Art. 122. Piracy in General and Mutiny on the
High Seas or In Philippine Waters
Qualifying circumstances: 1. Piracy: Any person who, on the high seas,
The following must concur together – shall attack or seize a vessel, or not being a
1. That the notice or information might be useful member of its complement nor a passenger,
to the enemy; and shall seize the whole or part of the cargo of
2. That the offender intended to aid the enemy. the vessel, its equipment or personal
belongings of the complement or
When crime amounts to Treason passengers
If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to 2. Mutiny: The unlawful resistance to a
treason; hence penalty same as that for treason. superior, or the raising of commotions and
disturbances on board a ship against the
Art. 121. Flight to Enemy’s Country authority of its commander
Any person who, owing allegiance to the
Government, attempts to flee or go to an Elements:  Piracy
enemy country when prohibited by competent 1. A Vessel is on the high seas or in Philippine
authority waters;
2. Offenders – Not members of its complement
Persons liable: nor passengers of the vessel; and
1. Filipino citizen; and 3. The offenders –
2. Alien residing in the Philippines a. Attack or seize the vessel, or
b. Seize whole or part of vessel’s cargo,
Elements: Equipment or personal belongings of its
1. A WAR in which the Philippines is Involved; complement or passengers
2. Offender Owes Allegiance to the
government; Mutiny
3. Offender Attempts to flee or go to enemy 1. A Vessel is on the high seas or in Philippine
country; and waters;
4. Going to enemy country is Prohibited by 2. Offenders – Members of its complement or
competent authority passengers of the vessel; and
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3. The offenders unlawfully resist a superior, or Piracy triable anywhere

raise commotions and disturbances on board Piracy is a crime not against any particular state
the vessel against the authority of its but against all mankind. It may be punished in the
commander competent tribunal of any country where the
offender may be found or into which he may
Piracy carried. (People v Lol-lo, GR No. 17958, February
It is robbery or forcible depredation on the high 27, 1922)
seas, without lawful authority and done with
animo furandi and in the spirit and intention of Mutiny
universal hostility. Pirates are, in law, hostes It is the unlawful resistance to a superior, or the
humani generis (People v Lol-lo, GR No. 17958, raising of commotions and disturbances on board
February 27, 1922) a ship against the authority of its commander.
Animo furandi Piracy and Mutiny, Distinguished

Latin term meaning “intention to steal” PIRACY (RPC) MUTINY
Note: Under P.D. 532, piracy may be committed As to place of commission
even by a passenger or member of the Either in Philippine waters or on the high seas
complement of the vessel. As to the person of the offenders
Committed by Committed by members
Punishable Acts (modes of committing strangers to the of the crew or
Piracy):
vessels passengers
1. By attacking or seizing a vessel on the high
As to Intention
seas or in Philippine waters (P.D. 532); and
Intent to gain is The offenders may only
2. By seizing the whole or part of the vessel’s
essential intend to resist/ignore
cargo, its equipment, or the personal
the ship's officers, or
belongings of its complement or
they may be prompted
passengers, while on the high seas or in
by a desire to commit
Philippine waters.
plunder
Philippine waters
Rule on Jurisdiction
All bodies of water and all waters belonging to the
1. Piracy in high seas – jurisdiction of any court
Philippines by historic or legal title, including the
where offenders are found or arrested
territorial sea, the sea-bed, the insular shelves,
2. Piracy in internal waters – jurisdiction of
and other submarine areas over which the
Philippine courts
Philippines has sovereignty and jurisdiction. (Sec.
2, P.D. No. 532)
Piracy and Robbery on High Seas
High seas PIRACY (RPC) ROBBERY ON HIGH
Any waters on the sea coast which are without the SEAS
boundaries of the low water mark although such Offender is an Offender is a member of
waters may be in the jurisdictional limits of a outsider the complement or a
foreign government; parts of the sea that are not passenger of the vessel
included in the exclusive economic zone, in the In both, there is intent to gain and the manner
territorial seas, or in the internal waters of a state, of committing the crime is the same.
or in the archipelagic waters of an archipelagic
state. (United Nations Convention on the Law of
the Sea)
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PD 532 Anti-Piracy and Anti-Highway Committed by Committed by

Robbery Law of 1974 strangers to the members of the crew or
PIRACY (RPC) MUTINY(PD 532) vessels passengers
As to place of commission
Punishes piracy Punishes piracy As to place of commission
committed either in committed only in Philippine waters or Philippine waters only
Philippine waters or Philippines waters high seas
on the high seas
As to the person of the offenders As to when piracy becomes qualified
Committed by Committed by any When it is When physical injuries
strangers to the person (who may be accompanied by or other crimes are
vessels (non- members of the crew murder, homicide, committed as a result
passengers or non- or passengers) physical injuries or or on the occasion
members of the rape thereof, or when
crew) murder, homicide or
rape is committed by
Vessel (under PD 532) – any vessel or watercraft reason or on the
used for transport of passengers and cargo from occasion thereof
one place to another through Philippine waters
Punishable Acts (under PD 532) Piracy and Terrorism

1. Piracy Under Section 4 of The Anti-Terrorism Act of
2. Highway robbery/ brigandage 2020 (R.A. 11479) which expressly repealed the
3. Aiding pirates or highway robbers/ brigands Human Security Act of 2007 (R.A. 9372), the
or abetting piracy or highway acts punishable as piracy and mutiny under Art.
robbery/brigandage 122 are no longer expressly considered as
“predicate crimes”- specific crimes which could
Piracy under RPC and under PD No. 532, constitute terrorism as enumerated in Section 3
Distinguished of R.A. 9372. However, acts of piracy or mutiny
PIRACY (RPC) PIRACY (PD 532) – or any other crime, for that matter – may still
As to the manner of commission amount to terrorism under the broader
May be committed by May be committed by formulation of terrorism under R.A. 11479.
attacking or seizing a attacking or seizing a
vessel, or seizing the vessel or by taking The purpose of Brigandage is indiscriminate
whole or part of its away the whole or part highway robbery. P.D. 532 punishes as
cargo or equipment thereof or of its cargo, highway robbery or brigandage only acts of
or the personal equipment or personal robbery perpetuated by outlaws indiscriminately
belongings of the belongings of the against any person or persons on Philippine
complement or vessel's complement highways, and not acts of robbery committed
passengers of the or passengers by against only a predetermined or particular victim.
vessel means of violence (Rustico Abay v People, GR No. 165896, 2008)
against or intimidation
or persons or force
upon things
As to the person of the offenders
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Art. 123. Qualified Piracy Section 1. – Arbitrary Detention and Expulsion
Elements: Art. 124. Arbitrary Detention

A. Qualifying Circumstances (Piracy): Any public officer or employee who, without
1. Seizure of the vessel by Boarding or Firing legal grounds, detains a person
upon the same;
2. Abandonment by pirates of victims without Elements:
means of saving themselves; or 1. That the offender is a Public officer or
3. Crime was Accompanied by murder, employee (whose official duties include the
homicide, physical injuries, or rape. authority to make an arrest and detain
persons);
B. Mutiny: When the second or third circumstance 2. That he Detains a person; and
accompanies the crime of mutiny mentioned in 3. That the detention is Without legal grounds
Art. 122, mutiny is then qualified. First
circumstance may not qualify the crime of mutiny. Detention
Actual confinement of a person in an enclosure or
Qualified Piracy is a special complex crime in any manner detaining and depriving him of his
punishable by reclusion perpetua to death, liberty (People v Flores, GR no. 116488, May 31,
regardless of the number of victims. 2001)
Note: The word “crimes” in the opening sentence Legal grounds for detention:
of Art. 123 refers to both piracy and mutiny. 1. Commission of a crime; and
However, the second qualifying circumstance 2. Violent insanity or other ailment requiring
specifically mentions “pirates”, thereby excluding compulsory confinement of the patient in a
mutineers. hospital
Extent of commission of Murder, Rape, Note: This list is not exclusive so long as the
Homicide, Injuries ground is considered legal (e.g. in contempt of
The murder/rape/homicide/physical injuries must court, under quarantine, or a foreigner to be
have been committed on the passengers or on deported)
the complement of the vessel
Offender is a public officer or employee
Accomplice The public officers liable for arbitrary detention
Any person who aids or protects pirates or abets must be vested with authority to detain or order
the commission of piracy shall be considered as the detention of persons accused of a crime.
an accomplice. Such public officers are the policemen and other
agents of the law, the judges or mayors and
———— end of topic ———— barangay captains. (Milo v. Salanga, GR No. L-
37007, July 20, 1987)
B. CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
Detention by unauthorized public officer
Chapter 1: Arbitrary Detention or Expulsion, Public officers who are not vested with authority
Violation of Dwelling, Prohibition, Interruption to detain or order the detention of persons
and Dissolution of Peaceful Meetings and accused of a crime or exceed their authority may
Crimes against Religious Worship be liable for illegal detention because they are
acting in their private capacity.
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Private individual offender 2. If the detention has continued more than 3

If the offender is a private individual, the act of days, but not more than 15 days;
detaining another is Illegal Detention. (Art. 267 3. If the detention has continued more than 15
or Art. 268) days but not more than 6 months;
4. If the detention has exceeded 6 months.
Private individual offender who conspires
with public officers A greater penalty is imposed if the period of
However, private individuals who conspire unlawful detention is longer. (RPC, Art. 124, Nos.
with public officers can be liable as principals in 1-4)
the crime of Arbitrary Detention.
Length of detention for it to be considered
Detention through Imprudence arbitrary detention)
Arbitrary detention can be committed through The law does not fix any minimum period of
imprudence. [People v. Misa, G.R. No. 93485, detention. Offenders have been convicted of
June 27, 1994. Here, a chief of police rearrested arbitrary detention even when the offended party
a woman who had been released by a verbal was detained for only an hour (US v. Agravante,
order of the justice of peace. The officer acted G.R. No. L-3947, January 28, 1908) or even less
without malice, but should have verified the order than half an hour (US v. Braganza, G.R. No. L-
of release before proceeding to make the re- 3971, February 3, 1908).
arrest. The officer was convicted of arbitrary
detention though simple imprudence.] Arbitrary Detention and Kidnapping and
Illegal Detention, Distinguished
Usual cause of Arbitrary Detention ARBITRARY KIDNAPPING AND
Arrest without warrant is the usual cause of DETENTION ILLEGAL
arbitrary detention, unless it is a valid warrantless DETENTION
arrest (under Sec. 5, Rule 113, Revised Rules of A public officer who A public officer who has
Criminal Procedure). has a duty under the NO legal duty to detain
law to detain a person a person and detains a
Does it have to be physical detention for it to but detains a person person may be
be considered Arbitrary Detention? without legal ground prosecuted for illegal
No. Psychological restraint is another form of detention
detention. (Astorga v. People, G.R. No 154130,
October 1, 2003). Arbitrary Detention and Unlawful Arrest,
Distinguished
Effect when person arrested is acquitted ARBITRARY UNLAWFUL  
Under the conditions set forth in Section 5, Rule DETENTION ARREST
113, particularly paragraph (b) thereof, even if the
As to the classification
arrested persons are later found to be innocent
Crime against the Crime against liberty
and are acquitted, the arresting officers are still
fundamental law of the
not liable. But if they do not strictly comply with
State
the said conditions, the arresting officers can be
held liable for the crime of arbitrary detention, for As to offender
damages and/or for other administrative Public officer Any person
sanctions. (Umil v Ramos , GR No. 81567, As to purpose of offender
October 3, 1991) No intention to bring Purpose of arrest is to
the offended to a bring the offended to
Periods of detention penalized proper authority but proper authorities and
1. If the detention has not exceeded three days; merely to detain him file a charge against
him
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As to the manner of commission Circumstances considered in determining

Although authorized, Private person: arrests the liability of the officer-offender:
detains a person a person without 1. Means of communication;
without legal ground reasonable ground 2. Hour of arrest; and
therefor, and the 3. Other circumstances such as the time of
purpose is to deliver surrender and the material possibility for the
the person arrested to fiscal to make the investigation and timely file
the proper authorities. the necessary information. (Sayo v. Chief of
Public officer: not Police of Manila, G.R. No. L-2128, May 12,
authorized to arrest 1948)
and detain a person but
does so, or he did not Rights of detainee:
act in his official 1. Be informed of the cause of his detention;
capacity and
2. Be allowed, upon request, to communicate
Art. 125. Delay in the Delivery of Detained and confer at any time with his attorney or
Persons to the Proper Judicial Authorities counsel
Any public officer or employee who shall detain
any person for some legal ground and shall fail Crime when offender is private individual
to deliver the same to the proper judicial If the offender is a private person, the crime is
authorities within the period provided by law Illegal Detention.
There must be legal ground to arrest
Art. 125 contemplates an arrest without warrant
Elements:
1. That the offender is a Public Officer or by virtue of some legal ground (a valid
Employee; warrantless arrest)
2. That he has Detained a person for some
When arrest made by virtue of warrant
Legal Ground; and
If arrest is made by virtue of an arrest warrant,
3. That he FAILS to deliver such person to the
proper judicial authority within: person may be detained indefinitely until:
a. 12 hours, if detained for crimes 1. His case is decided, or
2. He posts bail.
punishable by light penalties, or their
equivalent;
Delay in filing necessary information
b. 18 hours, if detained for crimes
punishable by correctional penalties, or The felony consists in the delay in filing, in court,
their equivalent; or the necessary information charging the person
detained.
c. 36 hours, if detained for crimes/offenses
It does not contemplate actual physical delivery.
punishable by capital punishment or
afflictive penalties, or their equivalent
Special Case: Anti-Terrorism Act of 2020
Computation of periods
Under the Anti-Terrorism Act of 2020, if person
The article includes Sundays, holidays and
taken custody of is suspected of committing any
election days in the computation of the periods
of the acts defined and penalized under Sections
prescribed within which public officers should
deliver arrested persons to the proper judicial 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act, the duly
authorities, as the law does not except such days authorized law enforcement agent or military
personnel shall, without incurring any criminal
in the computation. (Soria v Desierto, GR No.
liability for delay in the delivery of detained
153524, January 31, 2005)
persons to the proper judicial authorities, deliver
said suspected person to the proper judicial
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authority within a period of fourteen (14) calendar DELAY IN ARBITRARY

days counted from the moment the said DELIVERY OF DETENTION
suspected person has been apprehended or DETAINED
arrested, detained, and taking into custody by the Detention is legal in Detention is illegal from
law enforcement agent or military personnel. The the beginning; the beginning
period of detention may be extended to a illegality starts from
maximum period of ten (10) calendar days if it is the expiration of the
established that (1) further detention of the specified periods
person/s is necessary to preserve evidence without the persons
related to terrorism or complete the investigation; detained having
(2) further detention of the person/s is necessary been delivered to
to prevent the commission of another terrorism; the proper judicial
and (3) the investigation is being conducted authority
properly and without delay (RA No. 11479,
Sec.29). The 3-day period under Sec. 18 of the Who are proper judicial authorities?
Human Security Act has been repealed. They are the courts of justice or judges of said
courts, vested with judicial power to order the
Is the illegality of detention cured by the temporary detention or confinement of a person
delayed filing of the information in court? charged with having committed a public offense.
No. The filing of the information in court beyond (Agbay v Deputy Ombubdsman, GR No. 134503,
the specified periods does not cure the illegality July 2, 1999)
of detention. Hence, the detaining officer is still
liable under Art. 125. Neither does it, however, Reason for Article 125
affect the legality of the continued confinement of It is intended to prevent any abuse resulting from
the detained persons under process issued by confining a person without informing him of his
the court. offense and without permitting him to go on bail.
(Laurel v Misa, GR No. L-409, January 30, 1947)
Practice of arresting officers asking for the
execution of waivers Art. 126. Delaying Release
To prevent committing this felony, officers usually Any public officer or employee who delays for the
ask those detained to execute a waiver of the period of time specified the performance of any
rights provided them under Art. 125, which should judicial or executive order for the release of a
be under oath and with assistance of counsel. prisoner or detention prisoner, or unduly delays
Such waiver is not violative of the constitutional the service of the notice of such order, or the
right of the accused. proceedings upon any petition for the liberation
of such person
Waiver of Article 125
The rights provided a detained person under
Punishable Acts:
Article 125 may be waived by him if he asks for a 1. By delaying the performance of a judicial or
preliminary investigation. executive order for the release of a prisoner;
2. By unduly delaying the service of the notice
Length of waiver
of such order to said prisoner; and
Even when a waiver is signed, a detainee cannot
3. By unduly delaying the proceedings upon any
be held indefinitely. Upon signing of the waiver, a petition for the liberation of such person.
preliminary investigation must be conducted and (Reyes, Book Two, p. 62)
terminated within 15 days. (Leviste v. Alameda,
G.R. No.182677, August 3, 2010)
Delay in Delivery and Arbitrary Detention,
Distinguished
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Elements: Against whom the crime may be committed

1. That the offender is a Public Officer or Legal expulsion may only be committed against
Employee; an alien on grounds provided by law and with
2. That there is a Judicial Or Executive order observance of due process in deportation
for the RELEASE of a prisoner or detention proceedings; hence, criminal expulsion may be
prisoner, or that there is a proceeding upon a committed also only against aliens. The second
petition for the liberation of such person; punishable act may be committed against aliens
3. That the offender without good reason or Filipino citizens. (1 AMURAO, Book Two)
delays:
a. the Service of the notice of such order to Crime absorbs grave coercion
the prisoner, or Crime of expulsion absorbs grave coercion. If
b. the Performance of such judicial or done by a private person, act will amount to
executive order for the release of the Grave Coercion.
prisoner, or
c. the Proceedings upon a petition for the Can a person be compelled to change his
release of such person. residence?
Yes. However, only a court, by a final judgment,
Note: Wardens and jailers are the persons most can order a person to change his residence, while
likely to violate this provision. the Chief Executive has the power to deport
undesirable aliens.
R.A. No. 9745 (Anti-Torture Act)
Punishable Acts: If a Filipino, after voluntarily leaving the country,
1. Physical Torture is illegally refused re-entry, he is considered a
2. Mental or Psychological Torture victim of being forced to change his address.
Note: For a detailed discussion, please refer to Section 2. – Violation of Domicile

the related SPL within this reviewer.
Art. 128. Violation of Domicile
Art. 127. Expulsion Any public officer or employee who, not being
Any public officer or employee who, not being authorized by judicial order, shall enter any
authorized by law, shall expel any person from dwelling against the will of the owner and
the Philippines or shall compel such person to search papers or other effects found therein
change his residence without the consent of the owner, or having
surreptitiously entered the dwelling, and being
Punishable Acts: required to leave the premises, refuses to do so
1. Expelling a person from the Philippines; or
2. Compelling a person to change his Punishable Acts:
residence. 1. By entering any dwelling against the will of
the owner thereof;
Elements: (PEN) 2. By searching papers or other effects found
1. The offender is a Public Officer or Employee; therein without the previous consent of such
2. He Expels any person from the Philippines, owner; and
or Compels a Person to change his 3. By refusing to leave the premises, after
residence; and having surreptitiously entered said dwelling
3. The offender is NOT authorized by law to do and after having been required to leave the
so. same
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Elements: When offender, in the first mode, is a private

1. That the offender is a Public Officer or individual
Employee; If the offender who enters the dwelling against the
2. That he is Not authorized by judicial order to will of the owner is a private individual, the crime
enter the dwelling and/or to make a search committed is Trespass to Dwelling.
therein for papers or other effects; and
3. That he Commits any of the following acts: Public officer searching, without warrant,
a. Entering any dwelling against the will of outside of dwelling
the owner thereof; When a public officer searched a person “outside
b. Searching papers or other effects found his dwelling” without a search warrant and such
therein without the previous consent of person is not legally arrested for an offense, the
such owner; crime committed by the public officer is either:
c. Refusing to leave the premises, after 1. Grave Coercion if violence or intimidation is
having surreptitiously entered said used (Art. 286), or
dwelling and after having been required 2. Unjust Vexation if there is no violence or
to leave the same. intimidation (Art. 287).
Surreptitiously – done through fraud or secret Silence of owner during search

means to accomplish an object (stealth). Silence of the owner of the dwelling before and
during the search, without search warrant, by a
Special aggravating (qualifying) public officer, may show implied waiver. (Reyes,
circumstances: Book Two, p. 66) However, if such silence/non-
1. Nighttime; or objection is a function of the searchers’ being
2. Papers or effects not constituting evidence armed and using threats and intimidation, there is
of a crime are not returned immediately. no implied waiver. (Rojas v Spouses Matillano,
GR No. 141176, May 27, 2004)
Search warrant
The judicial order referred to is a search warrant. When considered a search
Search must be the examination of a person’s
Dwelling body or property or other area that a person
It is the place of abode where the offended party would reasonably expect to consider as private,
resides and which satisfies the requirement of his conducted by a law enforcement officer for the
domestic life. (Padilla, Ambrosio, The Revised purpose of finding evidence of a crime. Thus, the
Penal Code, Book 1) mere fact of ‘looking at’ cannot strictly be
considered as the search of papers and other
Against the will of owner effects. (El Pueblo de Filipinas v. Ella, GR No.
To constitute a violation of domicile, the entrance 8716-r. February 26, 1953)
by the public officer or employee must be against
the will of the owner of the dwelling, which Refusal to leave
presupposes opposition or prohibition by the Under the 3rd mode, even if the entrance is only
owner, whether express or implied, and not without the consent of its owner, the crime is
merely the absence of consent. committed when there is a refusal to leave the
premises when required to do so.
Lack of consent
Lack of consent would not suffice as the law When unconsented entry is not violation of
requires that the offender’s entry must be over the domicile
owner’s objection. (REGALADO) When a policeman, who got angry, forcibly
entered the house of another and attacked the
latter, the policeman is not liable for violation of
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domicile because he was not acting in an official directed to a peace officer, commanding him to
capacity. He is liable instead for physical injuries search for personal property described therein
with the aggravating circumstance of dwelling. and to bring it before the court
Not authorized by judicial order When search warrant procured without just
A public officer or employee is not authorized by cause
judicial order when he is not armed with a search A search warrant is said to have been procured
warrant duly issued by the Court. If the offender without just cause when it appears, on the face of
is a private individual or if the public officer is one the affidavits filed in support of the application
whose functions do not include the duty to effect therefor, or through other evidence, that the
search and seizure, the crime committed is applicant had every reason to believe that the
trespass to dwelling. (BOADO, RPC and SPL) search warrant sought for was unjustified.
(Reyes, Book Two, p.70).
Art. 129. Search Warrants Maliciously
Obtained and Abuse in the Service of Those Test of lack of just cause
Legally Obtained Whether the affidavit filed in support of the
Any public officer or employee who shall procure application for search warrant has been drawn in
a search warrant without just cause, or having such a manner that perjury could be charged
legally procured the same, shall exceed his thereon and affiant can be held liable for
authority or use unnecessary severity in damages. (Alvarez v. CFI, GR No. 45358,
executing the same January 29, 1937)
Punishable Acts: Effect when warrant secured through false

1. Procuring a search warrant without just affidavit
cause The crime punished by the article cannot be
2. Exceeding authority or by using unnecessary complexed but will be a separate crime from
severity in executing a search warrant legally perjury. (REGALADO)
procured.
Requisites of valid search warrant
Elements: 1. It must be issued upon Probable Cause
1. Procure search warrant without just cause 2. Probable cause must be determined by the
a. That the offender is a Public Officer or judge himself and not by the applicant or any
Employee; other person;
b. That he procures a Search warrant; and 3. In the determination of probable cause, the
c. That there is No just cause for the judge must examine, under oath or
procurement affirmation, the complainant and such
2. Exceed Authority in Execution witnesses as the latter may produce;
a. That the offender is a Public Officer or 4. It should be issued in connection with one
employee; specific offense;
b. That he has Legally procured a search 5. The warrant issued must particularly describe
warrant; and the place to be searched and persons or
c. That he Exceeds his authority or uses things to be seized
unnecessary severity in executing the
same Effect when the Judge who issued the search
warrant is convicted of an administrative
Search Warrant charge
An order in writing issued in the name of the While the imposition of administrative penalties
People of the Philippines, signed by a judge and operates to divest the Judge of his authority to act
as Vice Executive Judge, the abstraction of such
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authority would not, by itself result in the invalidity Crimes involving searches of domicile,
of the search warrant, considering that said Distinguished
Judge may be considered to have made the SEAERCHING SEARCH
VIOLATION
issuance as a de facto officer. (Retired SPO4 DOMICILE WARRANT
OF
Bienvenido Laud v People, GR No. 199032, WITHOUT MALICIOUSLY
DOMICILE
WITNESSES OBTAINED (ART.
November 19, 2014) (ART. 128)
(ART. 130) 129)
Search and seizure without warrant as There is a

incident to a lawful arrest validly
A person lawfully arrested may be searched, obtained
There is a
without a search warrant, for dangerous weapons warrant but its There is
warrant but such
or anything which may be used as proof of the implementa- no
was maliciously
commission of an offense. (Sec. 12, Rule 126, tion (the warrant.
obtained.
Revised Rules of Criminal Procedure) search
process) was
Art. 130. Searching Domicile Without abused.
Witnesses
Any public officer or employee who, in cases Section 3. – Prohibition, Interruption and
where a search is proper, shall search the Dissolution of Peaceful Meetings
domicile, papers or belongings of any person,
in the absence of the latter, any member of his Art. 131. Prohibition, Interruption and
family, or in their default, without the presence Dissolution of Peaceful Meetings
of two witnesses residing in the same locality Any public officer or employee who, without
legal ground, shall prohibit, dissolve or interrupt
Elements: the holding of a peaceful meeting; shall hinder
1. That the offender is a public officer or any person from joining any lawful association
employee; or from attending its meetings; or shall prohibit
2. That he is armed with a search warrant or hinder any person from addressing, either
legally procured alone or together with others, any petition to the
3. That he searches the domicile, papers or authorities for the correction of abuses or
other belongings of any person; and redress of grievances.
4. That the owner or any member of his family,
or two witnesses residing in the same locality Punishable Acts:
is/are not present 1. Prohibiting, interrupting, or dissolving,
without legal ground, the holding of a
Order of those who must witness the search: peaceful meeting;
1. Homeowner; 2. Hindering any person from joining any lawful
2. Members of the family of sufficient age and association or from attending any of its
discretion; or meetings;
3. Responsible members of the community. 3. Prohibiting or hindering any person from
addressing, either alone or together with
Why search in presence of witnesses others, any petition to the authorities for the
mandatory correction of abuses or redress of grievances
Search in the presence of witnesses specified by
the law is mandatory to ensure regularity in the Elements:
execution of the search warrant. (People v 1. Offender is a Public Officer or Employee;
Gesmundo. GR No. 89373, March 9, 1993) 2. He performs any of the following acts:
a. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
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or dissolving the same (e.g. denial of Art. 132. Interruption of Religious Worship
permit in arbitrary manner); Any public officer or employee who shall
b. Hindering any person from joining any prevent or disturb the ceremonies or
lawful association or from attending any manifestations of any religion
of its meetings; or
c. Prohibiting or hindering any person from Elements:
addressing, either alone or together with 1. That the officer is a Public officer or
others, any petition to the authorities for employee;
the correction of abuses or redress of 2. That Religious ceremonies or manifestations
grievances of any religion are about to take place or are
going on; and
Tests for determining if there is a violation of 3. That the Offender prevents or disturbs the
Art. 131 (see notes on Art. 142): same.
1. Dangerous tendency rule; and
2. Clear and present danger rule. Qualifying circumstance:
With violence or threats.
Private individual offender
If the offender is a private individual, the crime is Reading of bible
Disturbance of Public Order (Art. 153). Reading of Bible and then attacking certain
churches in a public plaza is not a ceremony or
Offender must not be a participant in the manifestation of religion but only a meeting of a
meeting religious sect; hence, only Art. 131 was violated.
Offender must be a stranger, not a participant, in
the peaceful meeting; otherwise, the offense is Worship includes religious rites
Unjust Vexation. Religious worship includes performance of
religious rites for a religious ceremony or a
Meeting must be peaceful manifestation of religion. Examples: Mass,
Meeting must be peaceful and there must be no baptism, marriage
legal ground for prohibiting, dissolving or
interrupting that meeting. X, a private person, punched a priest while the
priest was giving a homily and maligning a
Interrupting meeting of municipal council relative of X. Is X liable?
Interrupting and dissolving a meeting of the X may be liable under Art. 133 (Offending religious
municipal council by a public officer is a crime feelings) because X is a private person.
against the legislative body (Art. 143) and is not
punishable under this article. Note: There must actually be a religious
ceremony being conducted on that occasion,
Meetings must comply with ordinances either by itself or in conjunction with some other
Those holding peaceful meetings must comply activity of the religious denomination. If the
with local ordinances. offense was committed only in a meeting or rally
of a sect, it would be punishable under Art.131.
Section 4. – Crimes Against Religious (People v Reyes, GR No. 13633, July 27, 1955)
Worship
Art. 133. Offending the Religious Feelings
Anyone who, in a place devoted to religious
worship or during the celebration of any
religious ceremony, shall perform acts
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notoriously offensive to the feelings of the Deliberate intent to hurt feelings

faithful There must be deliberate intent to hurt the
feelings of the faithful. Mere arrogance or
Elements: rudeness is not enough.
1. Acts complained of were performed
2. in a Place Devoted to religious worship, or ———— end of topic ————
3. during the Celebration of any religious
ceremony; C. CRIMES AGAINST PUBLIC ORDER
4. Acts must be Notoriously Offensive to the
Chapter 1: Rebellion, Coup D’etat, Sedition
feelings of the faithful
Art. 134. Rebellion and Insurrection

Persons liable
The offender can be any person. The crime of rebellion or insurrection is
committed by rising publicly and taking arms
Offense to feelings against the Government for the purpose of
Offense to religious feelings is judged from the removing, from the allegiance to said
complainant’s point of view. Government or its laws, the territory of the
Republic of the Philippines or any part
Nature of places thereof, or any body of land, naval or other
The phrase ‘in a place devoted to religious armed forces, or depriving the Chief
worship’ does not necessarily require that a Executive or the Legislature, wholly or
religious ceremony is going on. The phrase partially, of any of their powers or
‘during the celebration’ is separated by the word prerogatives.
‘or’ from the phase ‘place devoted to religious
worship’ which indicates that the ‘religious Elements:
ceremony’ need not be celebrated in a place of 1. Public Uprising and Taking Arms against the
worship. government;
2. Purpose:
a. To Remove from the Allegiance to
Religious ceremony
Government or laws:
Religious acts performed outside of a church,
• Territory of Philippines (in whole or
such as processions and special prayers for
in part);
burying dead persons, are covered. Examples of
• Body of land, or army/naval/other
religious ceremonies, (acts performed outside the
forces; or
church): processions and special prayers for
b. To Deprive Chief Executive or Congress
burying dead persons but NOT prayer rallies
wholly or partially of powers or
prerogatives
Nature of acts notoriously offensive to
feelings
Rebellion
Acts notoriously offensive to the feelings of the
It is more frequently used where the object of the
faithful must be directed against religious
movement is to completely overthrow and
practice, dogma or ritual for the purpose of
supersede the existing government. (Reyes,
ridicule, such as mocking or scoffing or
Book Two) By its nature, rebellion, is a crime of
attempting to damage an object of religious
the masses or multitudes involving crowd action
veneration.
done in furtherance of a political end.
Insurrection
It is more commonly employed in reference to a
movement which seeks merely to effect some
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change of relatively minor importance, or to As to time of commission

prevent the exercise of governmental authority In times of peace During times of war
with respect to particular matters or subjects. As to the place of commission
Only in the May be committed in
Rebellion and Insurrection, Distinguished Philippines the Philippine territory
REBELLION INSURRECTION or elsewhere
Purpose is to Purpose is to effect a
overthrow or change of minor
supersede the importance, or to
existing prevent the exercise
government of government As to the person committing
authority with respect Any person Only by a Filipino
to particular matters citizen or an alien
residing in the
Purpose must be shown but not necessary to Philippines
be accomplished As to proof needed for conviction
The purpose of the uprising must be shown.
Proved by showing Testimony of at least
Without evidence to indicate the motive or
the purpose of the two witnesses to the
purpose of the accused, the crime does not uprising beyond same overt act, or
constitute rebellion. (US v. Constantino, GR No. reasonable doubt. confession of accused
1186, November 18, 1903)
in open court
Rebellion and Treason, Distinguished

Rebellion in general
REBELLION TREASON
Crime of masses
As to classification A crime of masses, of the multitude; cannot be
Crime against public Crime against national committed by only one person
order security It is a continuing crime.
As to purpose
To remove, from the The delivery of the Necessity of public uprising and taking up of
allegiance to said Philippines to a foreign arms
Government or its power A public uprising and the taking up of arms are
laws, the territory of necessary as overt acts to constitute rebellion.
the Philippines, or However, taking part in the clash of arms is not
any body of land, necessary to be convicted of rebellion.
naval or other armed
forces; or Identifying self with a group
to deprive the Chief If there is conspiracy, knowingly identifying one’s
Executive or self with a group that commits rebellion is enough
Congress of any of for conviction thereof, even if he himself did not
their powers rise publicly and take arms.
As to manner of commission When Consummated

Public Uprising and By levying war against Consummated the very moment rebels rise and
By taking arms the Government or take arms against the government. They do not
against the by adhering to the need to achieve their purpose for rebellion to be
Government, for any enemies of the consummated.
of the specified Philippines, giving
purposes in Art.134 them aid or comfort.
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Purpose for rebellion If other common crimes were done in pursuance

The purpose of the uprising must be shown. of the rebellious purpose, these crimes are
absorbed and the person is liable only for
Not necessary that purpose be achieved rebellion.
It is not necessary for conviction that the purpose Absorption not automatic
is achieved. Absorption is not automatic. One has to show that
common crimes were done pursuant to rebellious
Necessity of actual participation purposes, even if one was a member of a
There must be ACTUAL participation. Mere giving rebellious group.
of aid or comfort is not criminal in the case of
rebellion. Crimes done for personal or other purposes
Public officer must take active part because mere If other common crimes are done for personal
silence or omission is not punished in rebellion. purposes, even while the person is in rebellion,
the person will be held separately liable.
Non-recognition of government or absence of
oath of allegiance not a defense Overt act as element of rebellion
It is not a defense that the accused never took the Once an overt act (even if it is a crime itself) is
oath of allegiance, or that they never recognized cited as an element of Rebellion in the
the government. information, it can no longer be charged as a
separate crime.
Absorption of ordinary crimes performed for
and during a rebellion (Political Offense Art. 134-A. Coup d’état
Doctrine) The crime of coup d’état is a swift attack
1. People v. Hernandez: Rebellion cannot be accompanied by violence, intimidation, threat,
complexed with ordinary (common) crimes strategy or stealth, directed against duly
done pursuant to it. (G.R. Nos. L-6025-26, constituted authorities of the Republic of the
1956). Philippines, or any military camp or
2. People v. Geronimo: Crimes done for installation, communications networks, public
private purposes without political motivation utilities or other facilities needed for the
should be separately punished. (G.R. No. L- exercise and continued possession of power,
8936, 1956). singly or simultaneously carried out anywhere
3. Enrile v. Salazar: Hernandez ruling remains in the Philippines by any person or persons,
binding doctrine, operating to prohibit the belonging to the military or police or holding
complexing of rebellion with any other any public office or employment, with or
offense committed on the occasion thereof, without civilian support or participation, for the
either as a means to its commission or as an purpose of seizing or diminishing state power.
unintended effect of any activity that
constitutes rebellion. (G.R. No. 92164, 1990). Elements:
1. Offender: member of the military, police
Political crimes force, or any public officer or employee, and
Crimes directly aimed against the political order, any possible civilian supporters
as well as such common crimes as may be 2. Means: swift attack accompanied by
committed to achieve a political purpose. The violence, intimidation, threat, strategy, or
decisive factor is the intent or motive. (People v stealth;
Hernandez, GR No. L-6025-26, July 18, 1956) 3. Possible targets: duly constituted
authorities of the Philippines; any military
Common crimes done in pursuance of camp/installation, communication networks,
rebellious purpose public utilities, or other facilities needed for
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the exercise and continued possession of or paralyze the existing

power; and government.
4. Purpose: to seize or diminish state power
As to Manner of Commission
Coup d’état in general Swift attack Committed through
1. May be perpetrated with or without civilian accomplished by force and violence or at
participation; and violence, intimidation, least by intimidation or
2. Coup d’état is no longer specifically listed and threat, strategy or threats, by:
punished as a predicate crime for terrorism stealth. 1. Public uprising; and
(Section 4 of R.A. 11479 expressly repealing 2. By taking arms
Section 3 of R.A. 9372) but may still be against the
punished as terrorism if the circumstances Government for any
make it fall within the broader formulation of of the purposes
terrorism under R.A. 11479 specified in Art. 134
As to the object against which the attack is
No frustrated stage committed
There is no frustrated stage for coup d’ etat. The Directed against the Directed against the
mere attack directed against the duly-constituted duly constituted Government
authorities of the PH, or any military camp or authorities of the
installation, communication networks, public Republic of the
utilities or other facilities needed for the exercise Philippines, or any
and continued possession of power, military camp or
consummates the crime installation,
communication
Coup d’Etat and Rebellion, Distinguished networks, public
COUP D’ETAT REBELLION utilities or other
As to classification facilities needed for the
Both are crimes against public order exercise and
As to purpose continued possession
To seize or diminish 1. To remove from the of power
State power. allegiance to the
Government or its
laws, the territory of
the Philippines, or
any body of land, As to the person committing
naval or other The principal offenders Any person, whether
armed forces; or should belong to the public officer or not
military or police forces
2. To deprive the Chief or hold any public
Executive or office or employment,
Congress of any of but may also have
their powers civilian supporters
As to the number of offenders
Criminal objective is to May be committed Involves a multitude of
Criminal objective is to overthrow the singly or collectively people.
destabilize, immobilize government and for the
offenders to establish
their own.
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Art. 135. Penalty For Coup D’état, Rebellion Non-applicability of Indeterminate Sentence
And Insurrection Law
The Indeterminate Sentence Law does not apply
Persons Liable; Their Acts and Penalty to coup d’état and rebellion or insurrection. It
PARTICIPANT ACTS excludes from its coverage those charged with
Rebellion or Insurrection misprision of treason, rebellion, sedition or
Leaders Promotes, maintains, heads espionage.
Participates or executes the
Participants Art. 136. Conspiracy and Proposal to Commit
commands of others
Coup d’Etat Coup D’état, Rebellion, or Insurrection
Crimes Penalized under Article 136
Leads, directs, or commands
1. Conspiracy to commit rebellion;
Leaders others to undertake a coup
2. Proposal to commit rebellion
d'etat
3. Conspiracy to commit coup d’état
Participants
4. Proposal to commit coup d’état
in Participates or executes the
government commands of others
Conspiracy to commit rebellion
service
When two (2) or more persons come to an
Participants
agreement to rise publicly and take arms against
not in Aids, abets, finances, or
the Government for any of the purposes of
government otherwise assists commission
rebellion and decide to commit it. (Reyes, Book
service
Two, p. 100)
Who shall be deemed the leader of the Sufficiency of mere membership

rebellion, insurrection or coup d’etat in case Mere membership in a rebellious organization is
he is unknown? sufficient to find an accused guilty of conspiracy
Any person who in fact: to commit rebellion. (People v Lava, GR No. L-
1. Directed the others; 4974-78, May 16, 1969)
2. Spoke for them;
3. Signed receipts and other documents issued Mere act of agreeing and deciding
in their names; or Merely agreeing and deciding to commit the
4. Performed similar acts, on behalf of the above-mentioned crimes against the
rebels Government, without actually performing the
overt acts, is already punishable as Conspiracy to
Membership in rebel organizations commit Rebellion. (People v Geronimo, GR No.
Membership in a rebel organization does not L-8936, October 23, 1956)
automatically qualify as a criminal act absorbed in
rebellion. It must be conclusively demonstrated Gravamen of conspiracy
that criminal acts were committed in furtherance There is no conspiracy when the people have not
of rebellion. (People v Lovedioro, GR No. 112235, agreed or decided to commit the crimes.
November 29, 1995) Acts which seem helpful to rebels
Even if some acts may be construed as helpful to
Assistant to a principal rebels, if there is no intent to aid them in achieving
Being a mere assistant to a principal (leader) who their rebellious purposes, those who gave aid are
is guilty of rebellion, the accused is guilty only as not liable as conspirators.
a participant in the commission of rebellion under
par. 2, Art 135. (People v Lava, GR No. L-4974- Mere giving of speeches
78, May 16, 1969) Even if someone gave speeches extolling the
crimes, if there is no evidence that those who
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heard it took it as a proposal, the person who 2. Should not be in conspiracy with the rebels. If
gave the speech is not liable under this article. there is conspiracy, he/she will be liable for
rebellion.
Instances when preparatory acts punishable
Art.136 provides for instances when preparatory Rebellion as pre-requisite
acts are deemed punishable by law. 1. There must be a rebellion to be resisted in the
first place.
Proposal to commit rebellion 2. This article is inapplicable in the absence of
When the person who has decided to rise publicly the crime of rebellion.
and take arms against the Government for any of
the purposes of rebellion proposes its execution Art. 138. Inciting To Rebellion Or Insurrection
to some other person/s. (Reyes, Book Two, p. Any person who, without taking arms or being
100) in open hostility against the Government, shall
incite others to the execution of any of the acts
Art. 137. Disloyalty of Public Officers or under Art.134, by means of speeches,
Employees proclamations, writings, emblems, banners or
Any public officer or employee who failed to other representations tending to the same end
resist a rebellion by all the means in his/her
power or shall continue to discharge the Elements:
duties of his/her office under the control of the 1. That the offender does not take up arms or is
rebels or shall accept appointment to office not in open hostility against the Government
under them. 2. That he incites others to the execution of any
of the acts of rebellion
Punishable Acts: 3. That the inciting is done by means of
1. Failing to resist rebellion by all means; speeches, proclamations, writings, emblems,
2. Continuing to discharge duties under the rule banners or other representations tending to
of rebels; or the same end
3. Accepting appointment under the rule of
rebels Applicability
Elements: 1. People incited must not actually commit
1. Public officers or employees rebellion for this article to apply.
2. who: 2. If people incited commit rebellion, this article
a. fail to resist a rebellion by all means in is not applicable.
their power; a. People incited would be guilty of rebellion
b. shall continue to discharge the duties of as principals by direct participation.
their offices under the control of the b. Person inciting would be guilty of
rebels; or rebellion as principal by inducement.
c. accept appointment to office under them
Note: Penalty for all acts is Prision Correccional

in its minimum period.
Offenders
1. Should be a public officer or employee. A
private individual cannot violate this article,
even if he accepts appointment under the
rebel government.
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Inciting to Rebellion and Proposal To Commit 3. Its object is generally a violation of public
Rebellion, Distinguished peace
INCITING TO PROPOSAL TO 4. It is committed tumultuously; it cannot be
REBELLION COMMIT committed by one person alone.
REBELLION a. Something is considered tumultuous if it
It is not required that The person who involves at least four (4) men with
the offender has proposes has weapons or other means of violence.
decided to commit decided to commit b. Multiple people with no arms or means of
rebellion; and rebellion; and violence at all cannot commit sedition.
The inciting is done The person who 5. Common crimes are not absorbed in
publicly proposes the sedition.
execution of the
crime uses secret Note: Concurrence of public uprising and
means purpose of sedition is required. When one is
absent, it is not sedition.
Note: In both proposal and inciting, the offender
induces another to commit rebellion Sedition and Treason, Distinguished
SEDITION(ART.139) TREASON (ART. 114)
Art. 139. Sedition As to classification
Act of individuals who rise publicly and Crime against the Crime against national
tumultuously in order to attain by force fundamental law of the security and the law of
specific objectives (which are not those of State nations
rebellion/insurrection) As to nature
Sedition refers to an Treason is a war crime.
Elements: internal conflict. Violation by a subject
1. Offender rises publicly and tumultuously Commotions or of his allegiance to his
2. Means: force, intimidation and outside disturbances of the sovereign
(extra-legal methods) State
3. Objectives: As to manner of commission
a. Prevent promulgation/execution of law or Causing public and Limited to two ways:
holding of popular election; tumultuous 1. Levying war; and
b. Prevent government or officer thereof disturbances in one’s 2. Adherence to the
from freely exercising functions; country enemy, giving them
c. Inflict act of hate or revenge upon public aid or comfort
officer or employee or his property; As to purpose
d. Commit, for political or social ends, any 1. To prevent the The purpose of levying
act of hate or revenge on any person or promulgation or war is to help the
social class; or execution of any enemy.
e. Despoil, for any political or social end, law or the holding
any person, the Government, or any of any popular
division thereof of all or some of their election;
property 2. To prevent the
National
Sedition in general Government or
1. Sedition is the raising of commotions or local government,
disturbances in the State. or any public officer
2. It can be committed by both private and thereof from freely
public persons. exercising its or his
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functions, or of land, naval or other

prevent the armed forces; or
execution of any To deprive the Chief
administrative Executive or Congress
order; of any of their powers
3. To inflict any act of Use of unlicensed firearms(Sec. 29 of R.A.
hate or revenge 10591)
upon the person or The use of a loose If the use of an
property of any firearm, when unlicensed firearm is in
public officer or inherent in the furtherance of, or
employee ; commission of a incident to, or in
4. To commit, for any crime punishable connection with the
political or social under the Revised crime of rebellion of
end, any act of hate Penal Code or other insurrection, or
or revenge against special laws, shall attempted coup d’ etat,
private persons or be considered as an such violation shall be
any social class; aggravating absorbed as an element
and circumstance. of the crime of rebellion
5. To despoil, for any or insurrection, or
political or social attempted coup d’ etat.
end, any person,
local government Public uprising and an object of Sedition must
or the national concur
Government, or the It is immaterial if the object be completely
US Government, of attained. Mere public uprising for any of the
all its property or objectives mentioned in Art. 139 is punishable.
any part thereof. However, public uprising and an object of sedition
must concur.
Sedition and Rebellion, Distinguished
SEDITION REBELLION Rule on Absorption of Crimes
As to the manner of commission General Rule: Common crimes are not absorbed
Arms are not It is necessary that there in sedition.
necessary. It is be a public uprising and Exception: The use of an unlicensed firearms is
enough that there is taking arms against the not considered a separate crime, but shall be
a public uprising Government. considered as an aggravating circumstance,
and the uprising is pursuant to Sec. 29 of R.A. 10591.
tumultuous.
As to the nature of the purpose Art. 141. Conspiracy to Commit Sedition
The purpose of the The purpose is always There must be an agreement and a decision
offenders may be political. to rise publicly and tumultuously to attain any
political or social. of the objects of sedition in order to constitute
As to the purposes the crime of conspiracy to commit sedition.
Any of the objects To remove from
enumerated in allegiance to the (There is no independent felony of proposal to
Art.139 Government or its laws commit sedition.)
the territory of the
Philippines, or any body
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Art. 142. Inciting To Sedition Punishable Acts that the evil to be prevented is a serious
Any person who, without taking any direct part one to the State; and
in the crime of sedition, should commit any of c. Present time element: not only probable
the punishable acts below but very likely inevitable
2. Dangerous tendency rule
Punishable Acts: a. Tends to create a danger of public
1. Inciting others to sedition by means of uprising;
speeches, proclamations, writings, emblems, b. Easily produces disaffection; and
cartoons, banner or other representations c. Produces state of feelings incompatible
tending to the same end; with a disposition to remain loyal to the
2. Uttering seditious words or speeches, which government
tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous Scurrilous
libels against Government or any of its duly It means low, vulgar, mean or foul (Reyes, Book
constituted authorities; Two, p. 113)
4. Knowingly concealing such evil practices
Knowingly concealing such evil practices
Elements: Inciting Others to Sedition It is ordinarily an act of the accessory after that
1. That the offender Does not take a direct fact, but under this provision, the act is treated
part in the crime of sedition; and punished as that of the principal.
2. That he Incites others to the
accomplishment of any of the acts which Reason why seditious utterances are
constitute sedition; and prohibited
3. That the inciting is done by means of If the State were compelled to wait until the
Speeches, Proclamations, Writing, apprehended danger became certain, then its
Emblems, Cartoons, Banners, or other right to protect itself would come into being
representations tending to the same end. simultaneously with the overthrow of the
Government, when there would be neither
Uttering and writing: when punishable (Acts 2 prosecuting officers nor courts for the
& 3) enforcement of the law. (Gitlow v New York, 268
1. When they tend to disturb or obstruct any US 652)
public officer in executing the functions of
his office; or Chapter 2: Crimes against Popular
2. When they tend to instigate others to cabal Representation
and meet together for unlawful purposes; or
3. When they suggest or incite rebellious Section 1. – Crimes against Legislative
conspiracies or riots; or Bodies and Similar Bodies
4. When they lead or tend to stir up the people
against the lawful authorities or to disturb the Art. 143. Acts Tending To Prevent the Meeting
peace of the community, the safety and order of the Assembly and Similar Bodies
of the government Any person who by force or fraud prevents the
meeting of either the Congress or any provincial
Two rules relative to seditious words board or municipal council
1. Clear and present danger rule
a. Danger should be both clear and Elements:
imminent; 1. A Projected or Actual Meeting of Congress or
b. Reasonable ground to believe that the any of its committees or subcommittees,
danger apprehended is imminent and constitutional commissions or committees or
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divisions thereof, or of any provincial board or

city or municipal council or board; and Complaint for disturbance of proceedings
2. The offender, who may be any person, may be filed by a member of a legislative body
prevents such meeting by force or Fraud. The crime punished under Article 144 may be
prosecuted de oficio. Hence, it may be
Note: commenced upon the written complaint of a
The Chief of Police and Mayor who prevent the member of the Municipal Board the proceedings
meeting of the municipal council are liable under of which were disturbed or interrupted although
Art. 143, when the defect of the meeting is not such member was not authorized by the rules or
manifest and requires an investigation before its a resolution of the Board. (Reyes, Book Two,
existence can be determined. p.119 citing People v. Lapid C.A. 59 O.G. 4059)
Just Cause Section 2. – Violation of Parliamentary

1. If there is just cause for preventing a meeting, Immunity
the person doing so is not liable under this
article. Art. 145. Violation of Parliamentary Immunity
2. Just cause must appear immediately and 1. Any person who shall use force,
must not be one assumed and proven later intimidation, threats or fraud to prevent any
by an investigation. member of either House of the Legislature
from attending the meetings thereof, from
Art. 144. Disturbance of Proceedings expressing his opinions, or casting his vote
Any person who disturbs the meetings of either 2. Any public officer or employee who shall,
the Congress or any provincial board or city or while the Legislature is in session,
municipal council; or in the presence of any knowingly arrest or search any member
such bodies should behave in such manner as thereof, except in case such member has
to interrupt its proceedings or to impair the committed a crime punishable under this
respect due it Code by a penalty higher than Prisión
Mayor
Elements:
1. An Actual Meeting of Congress or any of its Punishable Acts:
committees, constitutional commissions or 1. Using force, intimidation, threats, or fraud to
committees or divisions thereof, or of any prevent attendance, expression of opinion, or
provincial board or city or municipal council casting of vote, by any member of Congress;
or board; and 2. Arresting or searching a member of Congress
2. The offender does any of the following acts; while in regular or special session;
a. Disturbs any of such meetings; or a. Unless the member is charged with a
b. Behaves while in the presence of any crime with a penalty higher than Prision
such bodies in such a manner as to mayor;
Interrupt its proceedings or to impair the b. However, to harmonize with the 1987
respect due it. Constitution, the RPC provision should
Note: be read as “a penalty of Prision mayor or
Accused may also be punished for contempt by higher”
the legislative body.
Elements:
When disturbance created by participant 1. Prevent attendance, expression of opinion, or
Disturbances created by a participant in the casting of vote
meeting are not covered by Art.144. It could 2. Means: force, intimidation, threats, or fraud;
amount to unjust vexation.
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3. Purpose: To prevent any member of the Chapter 3: Illegal Assemblies and

National Assembly from; Associations
a. Attending a meeting;
b. Expressing opinion; or Art. 146. Illegal Assemblies
c. Casting vote. Any meeting attended by armed persons for the
4. Arresting or searching a member of Congress purpose of committing any of the crimes
while in regular or special session punishable under this Code, or any meeting in
a. Offender: Public officer or employee; which the audience is incited to the commission
b. Arrests or searches any member of of the crime of treason, rebellion or insurrection,
Congress; sedition, or assault upon a person in authority or
c. During regular or special session; and his agents
d. Member searched/arrested has not
committed a crime punishable by prision Two kinds of Meetings
mayor or higher. 1. Meeting attended by armed persons for the
Notes: Actual prevention not necessary purpose of committing any of the crimes
1. It is not necessary that a member of punishable under the RPC
Congress is actually prevented from Elements:
attending, expressing his opinion, or voting a. There is a Meeting;
2. It is sufficient that offender had the purpose b. The meeting is attended by Armed
and performed overt acts toward achieving persons; and
such purpose c. The Purpose of the meeting is to commit
any of the crimes punishable under the
Parliamentary Immunity RPC
1. Protects from civil and criminal liability
2. Does not protect a member of Congress from 2. Meeting in which the audience, whether
responsibility before the legislative body itself armed or not, is incited to the commission of
whenever that member’s conduct is the crimes of treason, rebellion or
considered inappropriate or unbecoming insurrection, sedition or assault upon a
3. Other members may, by votation, opt to person in authority or his agent
suspend, imprison, or expel unruly or
Elements:
otherwise erring members of Congress
a. There is a Meeting;
b. The Audience may or may Not be armed;
Note:
and
Article VI of the 1987 Constitution states that; “A
c. The Purpose of the meeting is to incite
Senator or Member of the House shall in all
the audience to commit the crime of
offenses punishable by not more than 6 years
treason, rebellion or insurrection, sedition
imprisonment, be privileged from arrest while
or direct assault.
Congress is in session” while Art.145 of the RPC
states penalty higher than prision mayor. To be
Presumptions when a person carries
consistent with the Constitution, the Constitution
unlicensed firearm to the assembly
should prevail over Art.145, and the Constitution
1. Purpose of the meeting is to commit a crime
says “6 years”, not prision mayor.
under the RPC insofar as he is concerned;
and
2. Possessor is a leader or organizer of the
meeting.
Persons liable for illegal assembly

1. Organizers or leaders of the meeting; and
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2. Persons merely present at the meeting Kinds of Illegal Associations:

[except when presence is merely out of 1. Those totally or partially organized for the
curiosity – not liable since they do not have purpose of committing a felony; and
the intent to illegally assemble (Reyes, Book 2. Those totally or partially organized for
Two, p. 125)] purposes contrary to public morals
Meeting Persons liable:

The word 'meeting' includes a gathering or group, 1. Founders and Presidents; and
whether in a fixed place or moving. 2. Members
Note: Not all the persons present at the meeting Public Morals
of the first form of illegal assembly must be Refers to matters which affect the interest of
armed, it is sufficient that at least two persons are society and public convenience and is not limited
armed. If none of the persons present in the to good customs.
meeting are armed, there is no crime of illegal
assembly. Illegal Associations and Illegal Assembly,
Distinguished
Forms of Illegal Assembly Compared ILLEGAL ILLEGAL ASSEMBLY
FIRST KIND SECOND KIND ASSOCIATION
As to the persons attending Not necessary that Actual meeting or
The persons The persons attending there be an actual assembly necessary
attending are armed may be armed or not meeting
persons It is the act of forming It is the organizing of
As to the purpose or organizing of, and the meeting and
To commit any To commit the crime of membership in, the intentional attendance
crime punishable treason, rebellion or association that are at such meeting that
under the RPC insurrection, sedition or punished are punished
assault upon a person Persons liable: Persons liable:
in authority or his founders, directors, organizers or leaders,
agents president, and and persons
members intentionally present at
Effect when Audience incited the meeting
If the audience is incited to commit rebellion or Even associating to Meetings are held in
sedition, the crimes committed are illegal commit acts contrary to connection with crimes
assembly as regards the organizers or leaders public morals are punishable by the RPC
and persons merely present (but with intent to included; thus may
illegally assemble) and inciting to rebellion or include crimes
sedition insofar as the one inciting them is punishable by special
concerned. laws
Art. 147. Illegal Associations

Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under this Code or for some
purpose contrary to public morals
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Chapter 4: Assault Upon, and Resistance and i. is engaged in the actual performance of
Disobedience to, Persons in Authority and official duties (motive is not
Their Agents essential); or
ii. is assaulted by reason of the past
Art. 148. Direct Assault performance of official duties (motive
Any person or persons who, without a public is essential);
uprising, shall employ force or intimidation for d. The offender knows that the one he is
the attainment of any of the purposes assaulting is a person in authority or his
enumerated in defining the crimes of rebellion agent and intends to offend, injure or
and sedition, or shall attack, employ force, or assault; and
seriously intimidate or resist any person in e. No Public Uprising.
authority or any of his agents, while engaged in
the performance of official duties, or on Notes:
occasion of such performance 1. The offended party is either a person in
authority of an agent of a person in authority.
Two forms of Direct Assault 2. When the offended party is no longer a
1. Without public uprising, by employing force person in authority (e.g. retired judge), the
or intimidation for attainment of any of the offender cannot be held liable for direct
purposes enumerated in defining the crimes assault even if the attack is by reason of the
of rebellion and sedition (1st Form); former’s past performance of official duties.
Elements: (FIn-Aim-NoPU) (3) Required Degree of Force, Intimidation, or

a. Offender employs Force or INtimidation; Resistance for Liability to Attach Under This
b. AIM of offender is to attain any of the Article
purposes of the crime of rebellion or sedition; T FORCE INTIMIDATION/
and EMPLOYED RESISTANCE
c. There is NO Public Uprising. Person in Need not be Serious
Authority serious
Note: Must be of
Offended party here may be a private person Agent serious Serious
character
2. Without public uprising, by attacking, by
employing force (against), or by seriously General Rule: Direct assault is always
intimidating or by seriously resisting, any complexed with the material consequence of
person in authority or any of his agents, while the act (Ex. Direct Assault with Murder).
engaged in the performance of official duties,
or on the occasion of such performance (2nd Exception: If resulting in slight physical
form) injuries, the consequent crime is absorbed.
Elements: (5) Notes:

a. Offender (a) makes an Attack, (b) employs 1. Resistance to the person in authority or his
Force, (c) makes a Serious Intimidation, or agent must be active (as it must be serious
(d) makes a Serious Resistance; or grave) to constitute a crime under this
b. Person assaulted is a Person in Authority or article. It cannot be passive, as when one
his Agent; throws himself on the ground and refuses to
c. At the time of the assault, the person in follow orders given by a person in authority to
authority or his agent move.
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2. [LEONEN] If the use of physical force against Qualifying circumstances:

agents of persons in authority is not serious, 1. When the assault is committed with a
the offense is not direct assault, but weapon;
resistance or disobedience. In this case 2. When the offender is a public officer or
where X grabbed the shirt of Officer Y then employee; or
slapped and kicked him several times, it was 3. When the offender lays hands upon a person
held that the exerted force is not dangerous, in authority
grave, or severe enough to warrant the
penalties attached to the crime of direct Direct Assault and Rebellion, Distinguished
assault. (Mallari v. People, G.R. No. 224679, DIRECT
February 12, 2020) ASSAULT REBELLION
3. Even when the person in authority or the (FIRST FORM)
agent agrees to fight, direct assault is still 1. Offender 1. There be a public
committed. employs uprising and taking
4. Even another person in authority can be guilty force or arms against the
of assault upon a person in authority or his intimidation; government; and
agent. However, there can be no assault 2. Aim of 2. The purpose of
upon or disobedience to one’s authority by offender is to the uprising
another person in authority or his agent when attain any of or movement is
they both contend that they were in the the purposes either:
exercise of their respective duties. of the crime i. Removal, from
5. A person in authority or his agent is not in the of rebellion allegiance to the
actual performance of official duties when he: or sedition; Government or its
a. Exceeds his powers, and laws, the territory of
b. Uses unnecessary force or violence, or 3. There is no the Philippines or
c. Descends into matters, which are public any part thereof, or
private in nature. uprising of any body of land,
6. Knowledge of the accused that the victim is a naval or other armed
person in authority or his agent is essential forces, or
and such knowledge must be alleged in the ii. to deprive the
information. Chief Executive or
7. Evidence of motive of the offender is Congress, wholly or
important when the person in authority or his partially, of any of
agent who is attacked or seriously intimidated their powers or
is not in the actual performance of his official prerogatives
duty.
8. Direct assault may be committed upon a Art. 149. Indirect Assault
private person who comes to the aid of a Any person who shall make use of force or
person in authority since he is then intimidation upon any person coming to the
considered an agent of a person in authority. aid of the authorities or their agents on
9. Direct assault cannot be committed during occasion of the commission of any of the
rebellion. Crime of slight physical injuries is crimes defined in the next preceding article
absorbed in direct assault. (Direct Assault)
10. The exercise of one’s right to resist
unreasonable searches attempted to be Elements: (PAA-PA-FIn) (3)
conducted in the middle of the night, when the
1. A Person in Authority or Agent is the victim
officers are limited to “plain view search”,
of any of the forms of direct assault in the
cannot be equated with disobedience.
previous article;
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2. A Person comes to the Aid of such victim; and Punishable Acts:

3. Offender makes use of Force or Intimidation 1. Refusal, without legal excuse, to obey
against such person coming to the aid of the summons issued by the Congress or any of
victim of direct assault its committees or subcommittees,
Constitutional committees or by any
Offended party commission or committee chairman or
1. May be a private person member authorized to summon witnesses;
2. A private person who comes to the rescue of 2. Refusal of any person present before a
an authority or his agent enjoys the privileges legislative or constitutional body or official to
of the latter be sworn or placed under affirmation;
3. Refusal to answer any legal inquiry; or to
Notes: produce books, documents, records, etc.,
1. Direct assault must have been committed first when required to do so by the said bodies in
or is being committed for this article to be the exercise of their functions;
applicable. 4. Restraining another from attending as
2. If, while a person in authority or his agent is witness in such body; or
performing his duty and someone helps him, 5. Inducing disobedience to a summons or
and then the helper is attacked by another refusal to be sworn
person without, however, attacking the
person in authority or agent, it is not indirect Art. 151. Resistance and Disobedience to a
assault. Person in Authority or the Agents of Such
Persons
Art. 150. Disobedience to Summons Issued by Any person who, not being included in the
the Congress, its Committees or provisions of the preceding articles, shall
Subcommittees, by the Constitutional resist or seriously disobey any person in
Commission, its Committees, authority, or the agents of such person, while
Subcommittees, or Divisions. engaged in the performance of official duties.
Any person who, having been duly summoned to (This disobedience to an agent of a person in
attend as a witness before the National Assembly, authority may be simple or serious.)
(Congress), its special or standing committees and
subcommittees, the Constitutional Commissions and Punishable Acts:
its committees, subcommittees, or divisions, or 1. Resistance or serious disobedience; and
before any commission or committee chairman or 2. Simple disobedience.
member authorized to summon witnesses, refuses,
without legal excuse, to obey such summons, or Elements of Resistance or Serious
being present before any such legislative or Disobedience: (3)
constitutional body or official, refuses to be sworn or 1. A Person in Authority or his Agent is engaged
placed under affirmation or to answer any legal in performance of official duties;
inquiry or to produce any books, papers, documents, 2. The Offender Resists or Seriously Disobeys;
or records in his possession, when required by them and
to do so in the exercise of their functions.
3. Acts of the offender are Not included in Arts.
148-150
Any person who shall restrain another from attending
Note: There can be no resistance and serious
as a witness, or who shall induce disobedience to a
disobedience on occasion of the performance of
summon or refusal to be sworn by any such body or
official duties. There always has to be an actual
official.
performance of duties when the resistance or
serious disobedience is made.
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Elements of Simple Disobedience: (3) intimidating,

1. Agent is Engaged in the performance of 4) seriously resisting
official duty or Gives a lawful order; No force is Attack or employment
2. Offender Disobeys such duty; and employed, or if of force must be
3. Disobedience is Not of a Serious nature. person resisted is serious and
only an agent, only deliberate
Note: Only agents can be the victims of simple slight force is used
disobedience.
Art. 152. Persons in Authority and Agents of
Disobedience Persons in Authority — Who Shall Be
1. The disobedience must be a failure to comply Deemed As Such
with orders directly issued by authorities to Persons in authority
the person, in the exercise of official 1. Those directly vested with jurisdiction,
functions. whether as an individual, or as a member
2. The disobedience contemplated under this of some court or governmental
article is not disobedience to a law or a failure corporation board or commission
to comply with some legal provision. 2. One who has the power or authority to
3. The word “serious” in this article refers only to govern and execute laws
disobedience, and not to resistance. Serious
resistance is punished under Art. 148. (Not every public officer is a person in
authority.)
Non-deliberate attack or employment of force
1. If an attack is not deliberate, it is only Agents
resistance or serious disobedience. 1. Those who, by direct provision of law, or
2. A non-deliberate attack shows a lack of intent by election, or appointment by competent
to ignore, disregard, or defy authority. authority, are charged with the
maintenance of public order and the
NOTE: No crime protection and security of life
1. When accused did not have knowledge that 2. Any person who comes to the aid of
the person arresting him was a peace officer persons in authority
and he resisted; and
2. When person in authority or agent exceeds NOTE: In applying the provisions of Arts. 148
his rights and duties. and 151 of the RPC, teachers, professors and
persons charged with the supervision of
Resistance or Serious Disobedience and public or duly recognized private schools,
Direct Assault, Distinguished colleges and universities, and lawyers in the
RESISTANCE OR DIRECT ASSAULT actual performance of their professional
SERIOUS duties or on the occasion of such
DISOBEDIENCE performance, shall be deemed persons in
Authority/agent must Authority/agent must authority. (P.D. No. 299, and B.P. Blg. 873)
be in actual be in performance of
performance of his official duties or was
duties assaulted by reason
thereof
Committed only by Committed in four
(non-seriously) ways:  1) attacking,
resisting or seriously 2) employing force,
disobeying 3) seriously
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Chapter 5: Public Disorders (People v. Bacolod, 89 Phil. 621 as cited in,

Reyes, Book Two, p.164)
Art. 153. Tumults and Other Disturbances of 4. Burying with pomp means ostentatious
Public Order display of a burial.
Any person who shall cause any serious
disturbance in a public place, office, or Third Act of Tumults and Disturbance of
establishment, or shall interrupt or disturb Public Disorder and Inciting To Sedition or
public performances, functions or gatherings, Rebellion, Distinguished
or peaceful meetings, if the act is not included 3rd ACT
in the provisions of Articles 131 and 132 PUNISHABLE
INCITING TO
UNDER TUMULTS
SEDITION OR
Punishable Acts: AND OTHER
REBELLION
1. Causing any serious disturbance in a public DISTURBANCES OF
place, office, or establishment; PUBLIC DISORDER
2. Interrupting or disturbing performances, Done only through May be done through
functions, or gatherings, or peaceful speech (outcry) speech or writing
meetings, if the act is not included in Arts. More of an Done with intent to
131 and 132; unconscious outburst induce the hearers or
3. Making any outcry tending to incite rebellion which is not readers to commit the
or sedition in any meeting, association, or intentionally calculated crime of rebellion or
public place; to induce others to sedition
4. Displaying placards or emblems which commit such crimes
provoke a disturbance of public order in such The nature of the speeches in both acts is
place; and either rebellious or seditious.
5. Burying with pomp the body of a person who
has been legally executed. Art. 154. Unlawful Use of Means of
Publication and Unlawful Utterances
Qualifying circumstance
1. If the 1st or 2nd act above is tumultuous in Punishable Acts:
character, the penalty next higher in degree 1. Publishing or causing to be published, by
shall be imposed. means of printing, lithography or any other
2. Tumultuous – caused by more than three means of publication, as news any false
persons who are armed or provided with news which may endanger the public
means of violence. order, or cause damage to the interest or
credit of the State;
Notes: 2. Encouraging disobedience to the law or to
1. Serious disturbance must be planned or the constituted authorities or praising,
intended. justifying or extolling any act punished by
2. If the act of disturbing or interrupting a law, by the same means or by words,
meeting or religious worship is committed by utterances or speeches;
a private individual, or even by a public officer 3. Maliciously publishing or causing to be
who is a participant in the meeting or religious published any official resolution or
worship which he disturbs or interrupts, this document without proper authority, or
article is applicable. before they have been published officially;
3. This crime will be prosecuted separately with and
physical injuries if, in the course of causing a 4. Printing, publishing or distributing or (causing
disturbance, offenders injure other people. the same) books, pamphlets, periodicals or
leaflets which do not bear the real printer’s
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name, or which are classified as therein or shall help the escape of such
anonymous person
Notes: Elements:
1. Actual public disorder or actual damage to 1. Person is confined in jail or penal
the credit of the State is not necessary. The establishment; and
mere possibility of causing such danger or 2. Offender removes such person therefrom or
damage is sufficient. helps the escape of such person.
2. R.A. 248 prohibits the reprinting,
reproduction or republication of government Applicability of article
publications and official documents without 1. Applicable even if escapee is merely a
previous authority. detention prisoner
2. Applicable if escapee came from a hospital or
Art. 155. Alarms and Scandals asylum, as these are considered extensions
Punishable Acts: of the penal institution
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or public Possible offenders
place, “calculated to cause” (which produces) 1. This crime is usually committed by an
alarm or danger; outsider.
2. Instigating or taking active part in any 2. It may be committed by an employee,
charivari or other disorderly meeting provided that he does not have custody or
offensive to another or prejudicial to public charge of such a person, or is otherwise off-
tranquility; duty.
3. Disturbing the public peace while wandering
about at night or while engaged in any Violation, intimidation, or bribery
other nocturnal amusement; and 1. These are not necessary elements of the
4. Causing any disturbance or scandal in offense. The offense can be committed by
public places while intoxicated or employing “other means.”
otherwise, provided the act is not covered by 2. But the offender is penalized with a higher
Art. 153 (tumults). penalty if he commits the crime using
violence, intimidation, or bribery.
Notes: 3. Bribery as contemplated in this article: the act
1. Charivari – mock serenade or discordant of bribing someone (s in corruption, under Art.
noises made with kettles, tin horns etc., 212) as a means to remove prisoner from jail,
designed to deride, insult or annoy not the act of accepting a bribe.
2. Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm Liability:
(Art. 254). 1. Person delivering detainee from jail may be
3. For discharging any firearm, etc., the act held liable as an accessory if the person
must produce alarm or danger as a helped has committed treason, murder, or
consequence. It is the result, not the intent, parricide, because the person delivering
that counts assists in the escape of the principal.
4. Using firecrackers during fiestas are not 2. A prisoner who leaves cannot be held liable
punishable under this article. under this article.
a. If he is a prisoner by final judgement, he
Art. 156. Delivering a Person from Jail may be liable under Art. 157.
Any person who shall remove from any jail or
penal establishment any person confined
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b. If he is merely a detention prisoner, he is similar catastrophe, or during a mutiny in

not liable since he has no sentence to be which he has not participated
evaded.
Elements:
Chapter 6: Evasion of Service of Sentence 1. Offender is convict by final judgment confined
in a penal institution;
Art. 157. Evasion of Service of Sentence 2. There is a disorder resulting from
Any convict who shall evade service of his conflagration, earthquake, explosion, similar
sentence by escaping during the term of his catastrophes, or a mutiny in which the
imprisonment by reason of final judgment offender did not participate;
3. The offender subsequently evades the
Elements: service of his sentence by leaving the penal
1. That the offender is a convict by final institution; and
judgment; 4. Offender fails to give himself up to the
2. That he is serving his sentence which authorities within 48 hours following the
consists in deprivation of liberty (destierro issuance of a proclamation by the Chief
included); and Executive announcing the passing away of
3. That he evades the service of his sentence such calamity.
by escaping during the term of his sentence
Notes:
Notes: 1. Applicable only to convicts by final judgment
1. This is a continuing offense. 2. What is punished is not the leaving of the
2. This article does not apply to minor penal institution, but the failure of the convict
delinquents, detention prisoners, or to give himself up.
deportees. 3. If the offender fails to give himself up, the
3. If the offender escaped within the 15- day offender shall suffer an increase of 1/5 of the
appeal period, the crime is not evasion time still remaining to be served under the
because the judgment is not yet final. original sentence, which will not exceed six
months.
Circumstances qualifying the offense: a. Correlate with Art. 98 (Book One, RPC),
evasion of sentence was done through: as amended by RA No. 10592: a convict
1. Unlawful entry (by “scaling”); who does not leave the penal institution
2. Breaking doors, windows, gates, walls, roofs on such occasions is entitled to a
or floors; deduction of 2/5 of the time still remaining
3. Using picklocks, false keys, disguise, deceit, to be served under the original sentence
violence or intimidation; or 4. Mutiny – an organized and unlawful
4. Connivance with other convicts or employees resistance to a superior officer.
of the penal institution a. There is no mutiny if the prisoners
disarmed the guards and escaped,
Art. 158. Evasion of Service of Sentence on because the guards are not their superior
the Occasion of Disorders, Conflagrations, officers.
Earthquakes, or Other Calamities
A convict who shall evade the service of his Art. 159. Other Cases of Evasion of Service
sentence, by leaving the penal institution of Sentence
where he shall have been confined, on the The convict who, having been granted
occasion of disorder resulting from a conditional pardon by the Chief Executive,
conflagration, earthquake, explosion, or shall violate any of the conditions of such
pardon
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Elements: a. The 1st one may be any crime, whether

1. That the offender was a convict; punished under the RPC or special laws.
2. That he was granted a conditional pardon by b. The 2nd one, which is committed before
the Chief Executive; and serving sentence for the first one, or while
3. That he violated any of the conditions of such serving the same, should be a felony.
pardon. (This is because Art. 160 speaks of “the
maximum period” of the penalty
Notes: prescribed by law for the new felony.
1. Offender must have been found guilty of the Penalties prescribed by special laws
subsequent offense (through which he have no periods, unlike felonies in the
violated his conditional pardon) before he can RPC.)
be prosecuted under this Article. c. Not required that both crimes are
2. But under the Revised Administrative Code, embraced in the same titles of the RPC
no trial and conviction is necessary for the 4. Different from recidivism, where the first and
exercise by the President of the power to second offenses must be embraced in the
authorize arrest and reincarceration of same title of the RPC
violator of pardon. 5. Different from reiteracion, which requires that
the offender first finishes serving out his
Chapter 7: Commission of another Crime sentence before committing another crime
during Service of Penalty Imposed For
another Previous Offense Pardon
1. When a quasi-recidivist reaches the age of 70
Art. 160. Commission of Another Crime and he has served out his original sentence,
during Service of Penalty Imposed for he may be pardoned.
another Previous Offense 2. He may also be pardoned if he finishes
Any person who shall commit a felony after serving the original sentence only after he
having been convicted by final judgment, reaches 70.
before beginning to serve such sentence, or
while serving the same Reasons for not pardoning such a 70-year old
convict
Elements: 1. He is a habitual criminal; or
1. That the offender was already convicted by 2. If his conduct or other circumstances shows
final judgment and sentenced for one he is not worthy of such clemency
offense; and
2. That he committed a new felony before ———— end of topic ————
beginning to serve such sentence or while
D. CRIMES AGAINST PUBLIC INTEREST
serving the same
Chapter 1: Forgeries
Quasi-recidivism
1. This is not a felony but a special aggravating Section 1 – Forging the Seal of the
circumstance. The effect is to impose the Government of the Philippine Islands, the
maximum period of the penalty applicable for Signature or Stamp of the Chief Executive
the subsequent felony.
2. Cannot be offset by ordinary mitigating Art. 161. Counterfeiting the Great Seal of the
circumstances, but only privileged ones, such Government of the Philippine Islands,
as minority Forging the Signature or Stamp of the Chief
3. Quasi recidivism involves two crimes. Executive
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1. Forging the Great Seal of the 2. Offender made, imported, or uttered said
Government; coins; and
2. Forging the signature of the President; 3. In case of uttering, offender should be in
and connivance with either the counterfeiter or the
3. Forging the stamp of the President. importer
Note: When the signature of the President is Notes:

forged, it is not falsification but forging of 1. A coin is counterfeit if it is forged, or if it is not
signature of the Chief Executive, under this authorized by the government as legal
article. tender, regardless of its intrinsic value
2. Counterfeiting is the imitation of a legal or
Art. 162. Using Forged Signature or genuine coin such as to deceive an ordinary
Counterfeit Seal or Stamp person in believing it to be genuine.
Any person who shall knowingly make use of 3. To utter is to pass counterfeited coins, sell,
the counterfeit seal or forged signature or deliver or give away.
stamp mentioned in the preceding article 4. To import is to bring them into port.
Importation is complete even before entry at
Elements: the Customs House.
1. Great seal was counterfeited or 5. This article also applies to Philippine coins,
signature/stamp forged; foreign state coins, and coins withdrawn
2. Offender knew of such counterfeiting or from circulation. This does not require that
forgery; and the coins counterfeited be legal tender.
3. Offender uses such fake seal, stamp, or 6. When a real coin is made to appear like a coin
signature. with higher value by painting, etc. the crime is
estafa because the coin is genuine.
Notes:
1. The offender in this article should not be the Art. 164 – Mutilation of Coins; Importation and
one who did the counterfeiting or forgery, Utterance of Coins
otherwise, he will be liable under the previous 1. Mutilating COINS of legal currency with the
paragraph. further requirement that there be intent to
2. Offender is punished under this article with a damage or to defraud another; and
penalty one degree lower than that provided 2. Importing or uttering such mutilated COINS
in the next preceding article, even if his act is with the further requirement that there must
that of an accessory to the crime of be connivance with the mutilator or importer
counterfeiting the great seal or forging the in case of uttering
stamp or signature.
Notes:
Section 2 – Counterfeiting Coins 1. Mutilation is to take off part of the metal
content of the coin, either by filing it or
Art. 163. Making, Uttering, and Importing substituting it for another metal of inferior
False Coins quality, to diminish by ingenious means the
Any person who makes, imports, or utters metal in the coin.
false COINS, in connivance with 2. Foreign notes and coins are not covered by
counterfeiters or importers this article. Mutilation must be of Philippine
legal tender.
Elements: 3. There must be intention to mutilate.
1. There are false or counterfeited coins; 4. Coins must always be real and legal tender.
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5. Mutilating alone is punishable, but importing Section 3 – Forging Treasury or Bank Notes,
or uttering must be concurrent with Obligations and Securities; Importing and
connivance. Uttering False or Forged Notes, Obligations
and Securities
Art. 165. Selling of False or Mutilated Coins
Without Connivance Art. 166. Forging Treasury or Bank Notes, or
1. Possession, with intent to utter, COINS Other Documents Payable to Bearer;
counterfeited or mutilated by another; Importing and Uttering Such False or Forged
and Notes or Documents
2. Actually uttering such COINS, while 1. Forging or falsification of treasury or
knowing them to be false or mutilated banking NOTES or other documents;
2. Importation of such false or forged
Elements of Act No. 1 (3) obligations or NOTES; and
1. Possession (in general, from actual 3. Uttering such in connivance with the
possession to constructive possession) of forgers or importers.
coins;
2. Intent to utter them; and Notes:
3. Knowledge that the coins are 1. Forging here is committed by:
forged/mutilated. a. giving a treasury or bank note or any
instrument payable to bearer or order an
Elements of Act No. 2 (2) appearance of a true and genuine
1. Actually uttering such coins; and document; or
2. Knowledge that the coins are b. erasing, substituting, counterfeiting or
forged/mutilated altering by any means the figures and
letters, words, signs contained therein
On being legal tender (Art. 169)
1. This article does not require that the coin 2. Obligation or security includes bonds,
being uttered is legal tender. certificates of indebtedness, bills, national
2. But if the coin being uttered or possessed is bank notes, coupons, treasury notes,
a mutilated coin, it must be legal tender, certificates of deposit, checks, drafts for
because of Art. 165. money, and sweepstakes money.
3. Forging PNB checks is not included under
Punishing possession and utterance this article. That is falsification of commercial
1. The possession or utterance punished under document under Article 172.
this article is that which is done without
connivance with the original forgers, Art. 167. Counterfeiting, Importing, or
mutilators, or importers. Uttering Instruments Not Payable to Bearer
2. If, along with possession or utterance, one is Any person who shall forge, import or utter, in
also the author or the mutilation or forgery, he connivance with the forgers or importers, any
will be liable under either Arts. 164 or 165. instrument payable to order or other
3. Possession and utterance must always be document of credit not payable to bearer
with the knowledge that these are forged or
mutilated coins. Knowledge need not be Elements:
express, but may be inferred from acts of the 1. There is an instrument payable to order or
offender. other document not payable to bearer;
2. The offender forges such document or
imports or utters such forged instrument; and
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3. In case of uttering, the offender is in Section 4 – Falsification of Legislative, Public,

connivance with the forgers or importers Commercial, and Private Documents, and
Wireless Telegraph and Telephone Messages
Note: Applies only to cheques payable to the FALSIFICATION FORGERY
order of a specific, named person The commission of any Used in Art 169,
of the eight acts which refers to the
Art. 168. Illegal Possession and Use of False mentioned in Art 171 falsification and
Treasury or Bank Notes and Other on legislative, public or counterfeiting of
Instruments of Credit official, commercial, or treasury or bank
Any person who shall knowingly use or have private documents, or notes or any
in his possession, with intent to use, any of wireless, or telegraph instruments payable
the false or falsified instruments referred to in messages to bearer or holder
this section
Art. 170. Falsification of Legislative
Elements: Documents
1. Documents in the preceding articles (that is, Any person who, without proper authority
Arts, 166 and 167) are forged or falsified by therefor, alters any bill, resolution, or ordinance
another person; enacted or approved or pending approval by
2. Offender knows them to be forged or falsified; either House of the Legislature or any provincial
3. He performs any of these acts: board or municipal council
a. using any of such forged or falsified
instruments; or Elements:
b. possessing, with intent to use any of such 1. There is a bill, resolution, or ordinance
forged or falsified instruments enacted, approved, or pending approval by
Congress or any provincial or municipal
Notes: council/board;
1. The act sought to be punished is knowingly 2. The offender alters it;
possessing with intent to use any of such 3. He has no proper authority to do so; and
forged treasury or bank notes, etc. 4. Alteration has changed the meaning of the
2. The accused has the burden to give a document.
satisfactory explanation of his possession of
forged bills. Mere possession of false money Notes:
bills, without intent to use them to the damage 1. The bill, resolution, or ordinance must be
of another, is not a crime. genuine. This article does not cover a
3. A person in possession of falsified documents fabricated or simulated legislative document.
and who makes use of the same is presumed 2. Offender can be any person, for as long as he
to be the material author of the falsification. has no authority to alter.
3. This article only punishes alteration which
Art. 169. How Forgery is Committed changes its meaning. Any other tampering
Ways forgery is committed: with legislative documents is covered under
1. Giving any note/ document/ instrument Art. 171 or 172.
mentioned in the preceding articles (that
is Arts. 166-168) the appearance of a
true/genuine document; and
2. Erasing, substituting, counterfeiting, or
altering what is in the
note/document/instrument
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Art. 171. Falsification By Public Officer or 2. Feigning – simulating a signature,

Employee, or Notary or Ecclesiastical handwriting, or rubric, there being no existing,
Minister genuine one
Elements: Requisites of Counterfeiting/Imitating (2)

1. Offender is a public officer, employee, 1. Intent or attempt to imitate; and
ecclesiastical minister, or notary public; 2. Some resemblance between the genuine and
2. Takes advantage of his official position; forged handwriting, signature, or rubric
3. Falsifies a document by committing any of the
acts mentioned in the article; and Intent
4. In case the offender is an ecclesiastical 1. If there is sufficient resemblance between
minister, the falsification be committed with the genuine and the forged signatures, it can
respect to affecting the civil status of persons. be concluded that the accused had intention
to imitate the genuine signature.
Takes advantage/abuse of official position 2. There can be no “intent” to counterfeit or
1. He has the duty to make or prepare, or imitate if the person had authority to sign.
otherwise intervene in the preparation of, a
document; and Resemblance
2. He has the official custody of the document 1. Imitation need not be perfect.
which he falsifies. 2. Resemblance must be such that is likely to
deceive an ordinary person dealing with the
Note: Even if the offender is a public officer or document.
employee, if the offense was not committed with
abuse of office, he will be punished as a private 2nd Act: Causing it to appear that persons
citizen. have participated in any act or proceeding
when they in fact did not so participate.
Document
1. Any written statement by which a right is Elements (2)
established or an obligation extinguished 1. Offender caused it to appear in a document
2. Must be complete or have the appearance of that a person has participated in an act or
a true and genuine document proceeding; and
3. Must be of apparent legal efficacy 2. The person did not in fact so participate
4. Pars. 6, 8, and the second part of par. 7 of
Art. 171 require a genuine document, while Notes:
the others do not 1. Imitation of a signature is not required in this
article.
Note: Even if the document is originally a private 2. If performed by a private person, as with all
document, if it is in the official custody of the acts under Art. 171, Art. 172 should be
public officer or employee or if it forms part of the applied.
official record when it is falsified by the public
officer or employee, then the crime committed 3rd Act: Attributing to persons who have
should be punished under this article. participated in an act or proceeding
statements other than those in fact made by
1st Act: Counterfeiting or Imitating any them
Signature, Handwriting or Rubric
Two ways under this paragraph Elements (3)
1. Counterfeiting – imitating any handwriting, 1. Persons participated in an act or proceeding;
signature or rubric; and 2. Persons made statements in that proceeding;
and
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3. Offender attributed to such persons the falsification, either because he or she has the
statements other than those in fact made duty to make, prepare, or intervene in the
preparation of a document, or because he or she
4th Act: Making Untruthful Statements in a has the official custody of the falsified document.
Narration of Facts Y, as the NAMRIA Administrator tasked with
Elements (4) conducting geophysical surveys as well as
1. Offender makes a narration of facts; managing resource information needed by both
2. There was a legal obligation to disclose the the public and private sectors, had the duty to
truth; disclose the truth of the facts he narrated in his
3. The facts narrated are absolutely false; and letter. It was not a mere opinion letter, but rather
4. Wrongful intent of injuring a third person was what served as basis for the Republic’s
entering into the Compromise Agreement with X.
Narration of facts In purposefully making untruthful statements in a
1. Must be narration of facts, not conclusions of narration of facts, Y must thus be held liable for
law; and falsification. (Garcia-Diaz v. Sandiganbayan,
2. Does not include mistakes in judgment G.R. 193236 & 193248-49, September 17, 2018.)
Legal obligation 5th Act: Altering True Dates

1. There is a law requiring the disclosure of the
truth of the facts narrated. Notes:
2. If the law does not require a piece of 1. There is falsification only when the date
information, even if the accused lied about mentioned in the document is essential.
that info, he is not liable. 2. Change of date must affect the veracity of
3. Legal obligation is inherent in applying for a the document or the effects/meaning thereof.
residence (community tax) certificate.
6th Act: Making any alteration or intercalation
Absolutely false in a genuine document which changes its
1. Offender must be aware of falsity meaning
2. If the statements are not altogether false,
there being some colorable truth in such Elements (4)
statements, the crime of falsification is not 1. Alteration (change, revision) or intercalation
deemed to have been committed. (insertion) on a document;
2. Made on a genuine document;
Wrongful intent 3. Alteration or intercalation has changed its
1. A person is not guilty if he was not animated meaning; and
by a desire to do wrong or to injure a third 4. Meaning of the document becomes false
person.
2. Good faith is a defense. If offender believed Changes its meaning
what he put was true, he is not liable. 1. Changes the effects which the document
would otherwise produce; and
Notes: 2. Unless that happens, there could not exist an
1. Even if consent to enter into a contract was essential element or intention to commit a
obtained by violence, it does not make facts crime.
narrated in it false.
2. There can be falsification by omission. Meaning becomes false
1. Alteration which speaks the truth is not
Jurisprudence: falsification.
[LEONEN] The public officer must have taken
advantage of his or her official position to commit
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2. Must be alteration/intercalation which causes Elements of Act No. 1 (3)

the instrument to speak a language different 1. Offender is a private individual or public
in legal effect from what it originally spoke. officer not taking advantage of his position;
2. He committed any act of falsification under
7th Act: Issuing, in an authenticated form, a Art. 171
document purporting to be a copy of an a. Exception: Par.7, which by definition
original document when no such original cannot be committed by a private
exists, or including in such a copy a statement individual/public officer not taking
contrary to, or different from, that of the advantage of his position because the
genuine original authentication of a document can be
made only by the custodian or the one
Offender who prepared and retained a copy of the
1. Committed only by a public officer or notary original document; and
public who takes advantage of his official 3. It is a public/official/commercial document
position that is falsified.
2. If a private individual is in conspiracy with
the offender, he is guilty of this crime and Elements of Act No. 2 (3)
incurs the same liability and penalty as the 1. Offender committed any of the acts of
public officer or notary. falsification;
2. It is a private document that is falsified;
Intent to gain or prejudice 3. There is damage caused to a third party or at
1. The idea of gain or intent to cause damage to least intent to cause such damage;
a third person is not necessary. a. Need not be material damage;
2. It is the official character of the offender which b. Damage to one’s honor is included; and
is mainly taken into consideration. c. Effect need not be to profit offender for as
3. It is the interest of the community which is long as it damaged another.
intended to be protected.
Elements of Act No. 3 (Judicial proceeding) (3)
8th Act: Intercalating any instrument or notes 1. Offender knew document was falsified by
relative to the issuance thereof in a protocol, another;
registry, or official book 2. Document is embraced in Art. 171, or nos. 1
or 2 of Art. 172; and
Notes: 3. Document is introduced in evidence in a
1. Contemplates the changing of entries in judicial proceeding
official records, such as the local civil registry.
2. Malicious intent is not necessary. Elements of Act No. 3 (any other proceeding)
(3)
Art. 172. Falsification by Private Individuals 1. Offender knew document was falsified by
and Use of Falsified Documents another;
2. Document is embraced in Art. 171, or nos. 1
Punishable Acts: or 2 of Art. 172;
1. Falsification of public, official or commercial 3. Document is used in a non-judicial
documents by a private individual; proceeding; and
2. Falsification of private documents by any 4. Such use caused damage to another or there
person; and was at least intent to cause such damage
3. Use of falsified documents in a judicial
proceeding, or to the prejudice of another in Damage or intent to damage a third party
any other proceeding 1. Only necessary when falsifying private
documents, or using any falsified document
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in proceedings other than judicial (Nierva v. People, G.R. No. 153133,

proceedings 2006)
2. Not necessary when falsifying a public,
official, or commercial document Complexed with Estafa
3. Also not necessary when documents are 1. There is a complex crime of falsification of a
used in judicial proceedings public, official, or commercial document with
estafa.
Four kinds of documents 2. There is no such complex crime if what is
1. Public document involved is a private document.
a. Issued by public official in response to the a. Reason: To be punishable, falsified
exigencies of public service; private documents need to be
b. Public official intervened in execution; accompanied by damage, or intent to
and damage a third person. The resulting
c. Notarized by a notary public or a damage from an act constituting
competent public official with required estafa actually merely consummates
solemnities the crime of falsification of a private
2. Official document document.
a. Issued by a public official in the exercise b. Distinguished from falsification of a
of the functions of his office public document, which needs no
b. All pleadings filed with the courts are damage to a third party to be
public or official documents. punishable: Any damage resulting
3. Commercial document from use of the falsified public
a. Those defined and regulated by the document could be attributed to a
Code of Commerce separate crime such as estafa,
b. Those used to promote or facilitate trade because damage is not an element of
c. Cash disbursement vouchers are not falsification of a public document.
included. c. If a private document is falsified to
4. All other writings are private. conceal the misappropriation of
money or other personal property
Private documents considered Public which has been in the possession of
1. Deed which was privately falsified, but then the offender, the crime committed is
presented to the notary public by the falsifier estafa with abuse of confidence only.
for acknowledgment
2. Private document which becomes part of an Falsification of Private and Public
official record and is certified by a public officer Documents, Distinguished
duly authorized by law. Private Public Document
Document
Presumptions Prejudice to a The principal thing
1. Possessor and utterer of a falsified document third party is punished is the violation
is presumed to be the author of the primarily taken of public faith and the
falsification. into account. If preservation of truth,
2. Above is especially so if accused has such damage is which the document
sufficient and strong motive to falsify. not apparent, or solemnly proclaims. It is
a. “That petitioner benefitted and even there is at least immaterial whether or
profited from the falsified notarized no intention to not some prejudice has
Release of Real Estate Mortgage are cause it, the been caused to third
strong indications that she participated in falsification is not persons.
the falsification of the same document.” punishable.
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Notes: Liability of private individual

1. Falsification is consummated the moment the 1. Cannot commit the first two acts by direct
genuine document is altered or the moment participation, unless he is an employee of a
the false document is executed. corporation engaged in telecommunications
2. There may be a frustrated stage if falsification services
is imperfect. 2. Can be held guilty as a principal by
3. Usage, which is not an element of inducement, if he induced a public or
falsification, is punished separately from government employee to perform punishable
actual falsification. acts
a. It cannot be deemed necessarily included 3. Connection with telecommunications network
in the crime of falsification of a public is not necessary to commit third act; any
document by a public officer or employee person can be held liable for the use of
or by a private person. falsified dispatches
b. It may be a lesser offense.
Note: Current telecommunication companies like
Jurisdiction over cases of Falsification of Globe, Sun, Smart are not contemplated by this
Public Documents article as corporations engaged in sending or
Falsification of Public Document falls within the receiving messages since no operator actually
jurisdiction of the MeTC, MTC, and MCTC, not intervenes. They merely provide the conduit to
with the RTC, pursuant to Section 32(2) of BP facilitate message exchanges.
129. (Ricardo L. Atienza and Alfredo Castro v
People, GR No. 188694, February 12, 2014) Section 5 – Falsification of Medical
Certificates, Certificates of Merit, Service, and
Art. 173. Falsification of Wireless, Cable, the Like
Telegraph, and Telephone Messages, and
Use of Falsified Messages Art. 174 – False Medical Certificate, False
Certificates of Merit or Service, etc.
Punishable Acts: Persons liable:
1. Uttering fictitious messages; 1. Physician or surgeon, for falsifying a
2. Falsifying messages; and medical certificate;
3. Using falsified messages. 2. Public officer, for falsifying a certificate of
merit, service, good conduct, or other
Elements of Acts No. 1 and No. 2 (2) similar circumstances; and
1. Offender is an officer or employee of 3. Private individual, for falsifying any of the
Government, or of a private corporation documents mentioned in the first two acts
engaged in service of sending or receiving
wireless, cable, telegraph or telephone “Similar Circumstances”
messages; That is, similar to merit, service, or good conduct
2. The offender either Thus, certificates pertaining to ownership of
a. Utters a fictitious message; or property are not covered.
b. Falsifies a message
Art. 175 – Using of False Certificates
Elements of Act No.3 (3) The use of a falsified document mentioned in
1. Accused knew wireless, cable, telegraph or the preceding article
telephone messages were falsified;
2. Accused used such falsified dispatches; and Elements:
3. Such use resulted in prejudice to a third party, 1. Crime in Art. 174 has been committed by
or there was at least intent to prejudice another person;
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2. Offender knew of the falsified nature of the Chapter 2: Other Falsities

certificate; and
3. Offender used such false certificate Section 1 – Usurpation of Authority, Rank,
Title, and Improper Use of Names, Uniforms,
Scope: and Insignia
1. This article only applies to use of those
falsified documents covered by Art. 174. Art. 177. Usurpation of Authority and Official
2. This article applies, even if the falsified Functions
documents were used in a judicial Any person who, under pretense of official
proceeding. position, shall perform any act pertaining to
any person in authority or public officer,
Section 6 – Manufacturing, Importing, and without being lawfully entitled to do so,
Possession of Instruments or Implements
Punishable Acts:
Art. 176 – Manufacturing and Possession of 1. Usurpation of authority – knowingly and
Instruments or Implements for Falsification falsely representing oneself to be an officer,
Any person who shall make or introduce into etc.
the Philippines any stamps, dies, marks, or a. Mere act of knowingly and falsely
other instruments or implements intended to representing oneself to be an officer, etc.,
be used in the commission of the offenses of is sufficient.
counterfeiting or falsification mentioned in the b. It is not necessary that he performs an
preceding sections of this chapter act pertaining to a public officer.
2. Usurpation of official functions – doing any
Punishable Acts: act pertaining to any public officer, etc.
1. Making or introducing into the country without being authorized to do so
implements and instruments for a. Essential that offender should have
counterfeiting/falsification performed an act pertaining to a public
2. Possessing (including constructively, officer
whether from actual ownership or mere
control) items made or imported by another Representation
person, with intent to use the same 1. Must be positive, express, and explicit;
2. Must represent officers named in article, and
Implements confiscated not just any authority figure; and
1. Not necessary that they form a complete set 3. Representation may be shown in acts, and
for counterfeiting; and not just words
2. Enough that they may be employed by
themselves or together with other implements Offenders
to commit the crime of counterfeiting or 1. This article may be violated by both private
falsification and public officers.
Note: This article does not apply to an occupant

of a public position under color of title. A usurper
is “one who introduces himself into an office that
is vacant, or who, without color of title, ousts the
incumbent and assumes to act as an officer by
exercising some of the functions of the office.”
(People v. Buenaflor, et. al., CA., 72 O.G. 364)
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Jurisprudence:  [LEONEN] The crime of Elements of Concealing true name and other
usurpation of authority punishes the act of personal circumstances (2)
knowingly and falsely representing oneself to be 1. Offender conceals true name and other
an officer, agent, or representative of any personal circumstances; and
department or agency of the government. 2. Purpose is to conceal identity
However, Y did not claim to write for and on behalf
of the President in the letter. Y didn’t maliciously Use of Fictitious Name and Concealing of
represent himself as an agent, officer, or True Name, Distinguished
representative of the government. He signed the FICTITIOUS CONCEALING
letter under his own name and under the words, NAME TRUE NAME
“By Authority of the Secretary.” Clearly, the Element of publicity Publicity element not
Ombudsman is correct in finding that there wasn’t must be present; and necessary; and only one
sufficient evidence to support an indictment for three possible purpose: conceal true
usurpation of authority or official functions. purposes: conceal identity.
(Degamo v. Office of the Ombudsman, G.R. No. crime, evade
212416, December 5, 2018). execution of a
judgment, and cause
Art. 178. Using Fictitious Name and damage to public
Concealing True Name interest
Any person who shall publicly use a fictitious
name for the purpose of concealing a crime, Note:
evading the execution of a judgment, or Instances when a Filipino citizen residing in
causing damage this country can use an alias legally (RA No.
6085):
Any person who conceals his true name and 1. As a pseudonym in cinematic and other
other personal circumstances entertainment fields
2. As a pen name in literary compositions or
Punishable Acts: works
1. Using fictitious name; and 3. As a pseudonym in television and radio
2. Concealing true name and other personal broadcasting
circumstances.
Art. 179. Illegal Use of Uniforms or Insignia
Elements of Using fictitious name (3) Any person who shall publicly and improperly
1. Offender uses a fictitious name; make use of insignia, uniforms or dress
2. Such name is used publicly; pertaining to an office not held by such person
3. Purpose is: or to a class of persons of which he is not a
a. Conceal a crime; member
b. Evade execution of judgment; or
c. Cause damage to public interest Elements:
1. Offender uses an insignia, uniform, or dress;
Note: If the purpose is for causing damage, it 2. Such pertains to an office not held by offender
must be damage to public interest. If it is damage or a class of persons of which he is not a
to private interest, the crime will be Estafa under member; and
Art. 315, subdivision 2, par. (a). 3. Use done publicly and improperly
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Insignia, Uniform, or Dress 5. The extent of the penalty depends upon the
1. Genuine insignia, uniform, or dress is not sentence imposed on the defendant, except
necessary. Offender can wear an imitation in the case of a judgment of acquittal.
and still be liable. 6. Since Art. 180 does not prescribe the penalty
2. An exact imitation is not necessary, for as where the defendant in a criminal case is
long as there is a colorable resemblance sentenced to a light penalty, false testimony
calculated to deceive the general public. in case of a light penalty cannot be punished,
3. Must pertain to an actual officer or class of considering that a penal law must always be
persons. The person is not liable if the strictly construed.
insignia, uniform, or dress pertains to an
imaginary office or class. Art. 181. False Testimony Favorable to the
Defendant
Section 2 – False Testimony Any person who shall give false testimony in
favor of the defendant in a criminal case
False Testimony - committed by a person who,
being under oath (or affirmation) and required to Notes:
testify as to the truth of a certain matter at a 1. Testimony by negative statement may still be
hearing before a competent authority, shall deny in favor of the defendant.
the truth or say something contrary to it 2. False testimony in favor of defendant need
not directly influence the decision of acquittal
Art. 180. False Testimony against a nor benefit the defendant. The intent to favor
Defendant the defendant is sufficient.
Any person who shall give false testimony 3. A statement of mere opinion is not
against the defendant in any criminal case punishable.
4. Conviction or acquittal is not necessary
Elements: (final judgment is not necessary), but gravity
1. That there be a criminal proceeding; of crime in principal case should be shown.
2. Offender testifies falsely therein, under 5. The defendant who himself falsely testifies in
oath his own behalf by falsely imputing to some
3. The testimony is against the defendant other person the commission of a grave
therein; offense in criminal case, is guilty of false
4. Offender knows that his testimony is false; testimony favorable to the defendant.
and 6. Rectification made spontaneously after
5. The defendant against whom the false realizing mistake is not false testimony.
testimony is given is either acquitted or
convicted in a final judgment. Art. 182. False Testimony in Civil Cases
Notes: Any person found guilty of false testimony in
1. Violation of this article requires criminal a civil case
intent. Hence, it cannot be committed
through negligence. Punishable act
2. The offender need not impute guilt upon the Giving false testimony in a civil case either for or
accused to be liable. against the plaintiff or the defendant
3. The defendant must at least be sentenced to
a correctional penalty or a fine or must Elements:
have been acquitted. 1. Testimony is given in a civil case;
4. The witness who gave false testimony is 2. Testimony is related to the issue presented;
liable even if the court did not consider his 3. The testimony is false;
testimony.
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4. It is given by the defendant who knows it to Competent officer

be false; and 1. Person who has a right to inquire into the
5. The testimony is malicious and with intent to questions presented to him under his
affect the issue. jurisdiction
2. No perjury if testimony/statement not made
Art. 183. False Testimony in Other Cases and before non-competent authority
Perjury in Solemn Affirmation
Any person, who knowingly makes untruthful Required by law
statements and not being included in the 1. There is a law requiring it; OR
provisions of the next preceding articles, shall 2. The statement or document is made for legal
testify under oath, or make an affidavit, upon purposes; and
any material matter, before a competent 3. It is sufficient that the oath had been
person authorized to administer an oath in administered with a view of carrying into
cases in which the law so requires effect a legal purpose
Punishable acts Materiality

1. False testimony under oath in a proceeding 1. There must be competent proof of the
other than judicial; and materiality of the false testimony.
2. False affidavit. 2. The matter must not simply be pertinent (that
is, relating to collateral matters which make
Elements: (4) more or less probable the proposition at
1. Statement under oath or affidavit upon issue). It must also be material (that is,
material matter; directly proving or disproving a fact at issue).
2. Made before a competent officer authorized 3. No perjury if false imputations in testimony or
to administer such oath; affidavit were not on material matter.
3. Willful and deliberate assertion of a falsehood
in the statement; The assertion must be deliberate and willful
a. Perjury cannot be willful where the oath A mere assertion of a false objective fact, a
is according to belief or conviction as to falsehood, is not enough. It must be willful and
its truth; (Judge Pimentel Notes p. 76) deliberate “Willful” means intentionally, with evil
b. It must appear that the accused knows intent and legal malice, with the consciousness
his statement to be false or is consciously that the alleged perjurious statement is false, with
ignorant of its truth (Monfort III, et. al., v. the intent that it should be received as a
Salvatierra, G.R. No. 168301 2007); and statement of what was true in fact. “Deliberate”
4. The information given is required by law implies meditated, as distinguished from
inadvertent, acts. (Judge Pimentel Notes p. 89)
Definitions
1. Oath – any form of attestation manifesting a Subornation of perjury
commitment to perform an act faithfully and 1. Knowingly and willfully procuring another to
truthfully swear falsely.
2. Affidavit – a sworn statement in writing made 2. While this is not expressly punished in the
before an authorized officer Revised Penal Code, the offender may be
3. Material Matter – the main fact; the subject of liable as a principal by inducement.
inquiry or circumstances which tend to prove
the fact; Note:
a. Legitimately affects the credit of any Probate of a will is neither civil nor criminal. Thus
witness who testifies; or it is not covered under this article, even if done in
b. Strengthens or corroborates testimonies court and under oath.
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Art. 184. Offering False Testimony in Elements of Act No.1 (4)

Evidence 1. There is a public auction;
Any person who shall knowingly offer in 2. The accused solicited gifts/promise of gifts;
evidence a false witness or testimony in any 3. The solicitation is in consideration of
judicial or official proceeding refraining from taking part in the auction; and
4. His intent is to cause reduction of the price of
Elements: the thing auctioned
1. Offered in evidence false witness or
testimony; Elements of Act No.2 (4)
2. Offender knew of falsity; and 1. There is a public auction;
3. Offered in judicial or official proceedings 2. The offender attempted to cause the bidders
to stay away;
Notes: 3. Means used by the offender: threats, gifts,
1. This article applies when the offender, without promises or any other artifice; and
inducing another but knowing him to be a 4. Intent of the offender: reduction of price of
false witness, presented him and the latter thing auctioned
testified falsely in a judicial or official
proceeding. Acts are formal crimes
2. The felony is consummated the moment a 1. It is not required that the person making a
false witness is offered in any judicial or proposal actually refrains from taking part in
official proceeding. Looking for a false any public auction. The crime is committed by
witness is not punished by law as that is not mere solicitation.
offering a false witness. 2. It is not required that the person accept the
3. The false witness need not be convicted of offer or gift. The crime is consummated by
false testimony. A mere offer to present him is mere offering of the gift or promise in
sufficient. consideration of refraining to take part.
Chapter 3: Frauds (Art. 185 is Supplemented by the Price

Competition Act [RA No. 10667]. Art. 186 is
Section 1 – Machinations, Monopolies, and Repealed by the same law.)
Combinations
(Arts. 188 and 189 are Repealed by the
Art. 185. Machinations In Public Auctions Intellectual Property Code [RA No. 8293] to the
Any person who shall solicit any gift or extents they are inconsistent with the same law.)
promise as a consideration for refraining from
taking part in any public auction, and any Section 2. – Frauds
person who shall attempt to cause bidders to
stay away from an auction by threats, gifts, Art. 187. Importation and Disposition of
promises, or any other artifice, with intent to Falsely Marked Articles or Merchandise Made
cause the reduction of the price of the thing of Gold, Silver, or Other Precious Metals or
auctioned Alloys
Any person who shall knowingly import or sell
Punishable Acts: or dispose of any article or merchandise made
1. Soliciting gift to refrain from taking part in of gold, silver, or other precious metals, or their
public auction; and alloys, with stamps, brands, or marks which fail
2. Attempting to cause bidders to stay away to indicate the actual fineness or quality of said
from an auction metals or alloys
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Elements: b. Cara y cruz, pompiang and the like;

1. Offender imports, sells, or disposes items; c. 7-11 and any game using dice;
2. The items are articles or merchandise made d. Black jack, lucky nine, poker and its
of gold, silver, or other precious metals, or derivatives, monte, baccarat, cuajo,
their alloys; pangguigue and other card games;
3. The stamps, brands, or marks used by the e. Pak que, high and low, mahjong, domino
offender fail to indicate the actual fineness and other games using plastic tiles
or quality of the items; and and the like;
4. The offender knows of such failure of proper f. Slot machines, roulette, pinball and othe
indication r mechanical contraptions and devices;
g. Dog racing, boat racing,
Selling, disposing, and importing car racing and other forms of races;
1. It is not necessary that such items are h. Basketball, boxing, volleyball, bowling,
actually sold and that the public is actually pingpong and other forms of individual
deceived, for one to be liable under this or team contests to include gamefixing,
article. point shaving and other
2. If one is charged with importation, there must machinations; and
be proof that item was in fact imported. i. Banking or percentage game, or
any other game or scheme, whether
Offender upon chance or skill, wherein wagers
1. Those who import, sell, or dispose of such consisting of money, articles of value or
items. representative of value are at stake or
2. This article is not applicable to the made; and
manufacturer of articles of gold, silver, etc. He 2. Any person who knowingly permits any
would be liable for Estafa. form of gambling in an inhabited or
uninhabited place or in any building, vessel or
————— end of topic ————- other means of transportation owned or
controlled by him. A heavier penalty is
imposed:
E. CRIMES AGAINST PUBLIC MORALS a. if the place where gambling is carried on
Please see SPL reviewer on R.A. 9287 (An Act has a reputation of a gambling place or
increasing penalties for illegal numbers games b. that prohibited gambling is frequently
and amending certain provisions of P.D. 1602) carried on therein, or
and P.D. 1602 (Prescribing stiffer penalties in c. the place is a public or government
illegal gambling), which repealed: a) Arts. 195- building or barangay hall.
199 RPC, b) the provisions of P.D. 483 (Betting 3. Any person who maintains or conducts the
Law), and c. the provisions of P.D. 449 above gambling schemes. A heavier penalty
(Cockfighting Law) insofar as they are shall be imposed if the maintainer, conductor,
inconsistent with it. banker of gambling schemes; player,
promoter, referee, umpire, judge or coach in
Under P.D. 1602, the following are liable: case of game fixing, point shaving and
1. Any person who shall directly or indirectly machination is a government official.
take part in any illegal or unauthorized 4. Any person who knowingly and without
activities or games of: lawful purpose possess lottery list, paper,
a. Cockfighting, jueteng, jai-alai or horse or other matter containing letters, figures,
racing to include bookie operations and signs, or symbols pertaining to or in any
game fixing, numbers, bingo and other manner used in games of jueteng, jai-alai, or
forms of lotteries; horse racing bookies, and similar games of
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lotteries and numbers which have taken nullified all permits and/or licenses to operate
place or about to take place. the same.
5. A barangay official who with the knowledge
of existence of gambling house/place in his Elements of Knowingly permitting gambling
jurisdiction fails to abate or take action. to be carried on in a place owned or controlled
6. A Security officer, watchman, private or by the offender:
house detective of hotels, villages, buildings, 1. That a gambling game was carried on in an
enclosures, and the like which have the inhabited or uninhabited place or in any
reputation of gambling or where gambling building, vessel or other means of
activities are being held. transportation;
2. That the place, building, vessel or other
Definition Of Terms means of transportation is owned or
Gambling – any game or scheme, whether upon controlled by the offender; and
chance or skill, wherein wagers are made 3. That the offender permitted the carrying on
consisting of money or other articles of of such game, knowing that it is a gambling
value/representative of value being put at stake game
Maintainer – person who sets up and furnishes Lottery – Scheme for the distribution of prizes by
the means with which to carry on the gambling chance among persons who have paid, or agreed
game or scheme to pay. a valuable consideration for the chance to
obtain a prize.
Conductor – person who manages or carries on
the gambling game or scheme. Elements of Lottery (3):
1. Consideration;
Notes: 2. Chance; and
1. A game or scheme is punishable even if 3. Prize/advantage/inequality in amount or
winning depends upon skill as long as wagers value which is in the nature of prize.
are made putting at stake money or otther
articles of value/ representative of value. Note:
2. But in P.D. 1602, playing for money is not a In a criminal case (US v. Olsen 36 Phil. 395),
necessary element of a game for one to there is no lottery where a person gets the full
commit a crime. When the law names the value for his money, and the winning of the prize
games, punishing any person who per se is merely incidental. But in a civil case (El Debate
takes part therein, its purpose is to prohibit v. Topacio 44 Phil. 280), if the inducement to win
absolutely engaging in those games. a prize is the reason for the purchase, then even
3. A mere bystander or spectator is not if full value for money is received, it is still lottery.
criminally liable because he does not directly
or indirectly take part in the illegal activity. Illegal Number Games – any form of illegal
4. Proof that a game took place or is about to gambling activity which uses numbers
take place is not necessary. The burden of or combinations thereof as factors in giving out
evidence is shifted to the accused to show jackpots/prizes/returns; includes games such as
that his possession of jueteng materials is jueteng and masiao.
lawful or is not connected with a jueteng
game. But proof to the contrary by the
prosecution is necessary when jueteng lists
pertain to games played on dates other than
the date of the raid.
5. P.D. 519 has outlawed pinball and slot
machines and other similar devices and
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Art. 196. Importation, Sale and Possession of Thursdays and Good Fridays. Races held on
Lottery Tickets or Advertisements the same day and at the same place are
punishable as a separate offenses.
Punishable Acts: 3. Horse races may be carried on at any time or
1. By importing into the Philippines, from any place, and prizes or gifts may be offered,
foreign place or port, any lottery ticket or given or paid, to the winner in said races,
advertisement; provided it is not accompanied by any betting
2. By selling or distributing the same in or the use of totalizers or other devices for
connivance with the importer; betting.
3. By possessing, knowingly and with intent to
use, lottery tickets or advertisements; and
4. By selling or distributing the same without
connivance with the importer
Chapter 2: Offenses against Decency and
Notes: Good Customs
1. The possession of any lottery ticket or
advertisement is prima facie evidence of Art. 200. Grave Scandal
intent to sell, distribute or use the same. Grave Scandal consists of acts which are
2. The lottery tickets need not be genuine, as offensive to decency and good customs which,
long as they have the appearance thereof. having been committed publicly, give rise to
3. Government-authorized lotteries being public scandal to persons who have accidentally
lawful, acts in connection therewith which are witnessed the acts
ostensibly covered by Art. 196 are not
criminal offenses.
Elements:
1. That the offender performs an act/s;
2. That such act/s be highly scandalous in terms
of offending against decency or good
customs;
3. That the highly scandalous conduct does not
Art. 198. Illegal Betting on Horse Races expressly fall within any other article of the
RPC; and
Punishable Acts: (during periods not allowed 4. That the act/s complained of be committed in
by law) a public place or within the public knowledge
1. By betting on horse races; and or view
2. By maintaining or employing a totalizer or
other device or scheme for betting on races Decency – propriety of conduct; proper
or realizing profit therefrom observance of the requirements of modesty, good
taste, etc.
Totalizer – machine for registering and indicating
the number and nature of bets made on horse Customs – established usage, social
races conventions carried on by tradition and enforced
by social disapproval of any violation thereof
Notes:
1. The penalty is higher for a person who Notes:
employs a totalizer or other device. 1. Actual public view is not required. It is
2. Horse races are not allowed on: (a) June 12th sufficient if committed in a public place.
of each year, (b) Dec 30th of each year, (c) 2. Being committed within public knowledge
Any registration or voting days, and (d) Holy includes occurrence even in a private place;
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the number of people who see it is not immoral influences. A matter can also be
material, except when seen by only one other considered obscene if it shocks the ordinary and
person at night, thus negating the degree of common sense of men as indecency. (US v.
publicity required. Kottinger, 45 PHIL 352)
3. The essence of grave scandal is publicity and
that the acts committed are not only contrary Obscene is something offensive to chastity,
to morals and good customs but must decency or delicacy.
likewise be of such character as to cause
public scandal to those witnessing it. Notes:
1. Publicity is an essential element.
Art. 201. Immoral Doctrines, Obscene 2. Mere nudity in paintings and pictures is not
Publications and Exhibitions and Indecent obscene.
Shows 3. Pictures with slight degrees of obscenity
Persons liable: having no artistic value and being intended
1. Those who publicly expound or for commercial purposes fall within this
proclaim doctrines openly contrary to article.
public morals; 4. The author of obscene literature is liable only
2. Authors of obscene literature, published when it is published with his knowledge. In
with their knowledge in any form; every case, the editor publishing it is liable.
3. Editors publishing such obscene 5. Dissemination of obscene material is
literature; necessary, but the number of times it is
4. Owners or operators of establishments passed on is immaterial. Once is enough.
selling obscene literature; 6. The purpose of the law in punishing obscene
5. Those who exhibit indecent or immoral publications and exhibitions is to protect the
plays, scenes, acts or shows in theaters, morals of the public.
fairs, cinemas or any other place; and
6. Those who sell, distribute, or exhibit Art. 202. Vagrants and Prostitutes
prints, engraving, sculptures or Women who, for money or profit, habitually
literature, which are offensive to morals. indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Scope of obscene literature or immoral or
indecent plays, scenes or acts: Note:
1. Those which glorify criminals or condone R.A. 10158 has decriminalized vagrancy by
crimes; amending Art. 202 so as to punish prostitutes
2. Those which serve no other purpose but to only. Upon effectivity, all pending cases were
satisfy the market for violence, lust or deemed dismissed, and all those serving time for
pornography; vagrancy were or should be released.
3. Those which offend against any race or
religion; Prostitutes - Women who habitually indulge in
4. Those which tend to abet the traffic and the (1) sexual intercourse or (2) lascivious conduct,
use of prohibited drugs; and for money or profit.
5. Those that are contrary to law, public order,
morals, good customs, established policies,
lawful orders, decrees and edicts
Test of obscenity:
Whether the matter has a tendency to deprave or ————— end of topic ————-
corrupt those whose minds are open to such
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F. CRIMES COMMITTED BY PUBLIC Nonfeasance:

OFFICERS Dereliction of duty in prosecution of offenses
Chapter 1: Preliminary Provisions
Malfeasance:
Art. 203. Who are Public Officers 1. Direct bribery; and
2. Indirect bribery.
REQUISITES: T-DiPA (2)
To be a public officer, one must be -
Section 1. – Dereliction of Duty
1. Taking part in the performance of public
functions in the Government, or
Art. 204. Knowingly Rendering an Unjust
performing public duties as an employee,
Judgment
agent or subordinate official, of any rank
or class, in the government or any of its Any judge who shall knowingly render an
branches; and unjust judgment in any case submitted to him
for decision
2. That authority to take part in the
performance of public functions or to
perform public duties must be Elements: (JJ-UK) (4)
i. By Direct provision of the law, or 1. That the offender is a Judge;
ii. By Popular election, or 2. That he renders a Judgment in a case
iii. By Appointment by competent submitted to him for decision;
authority 3. That the judgment is Unjust; and
4. That the judge Knows that the decision is
unjust
Notes:
1. Public officers include every public servant,
Notes:
from the lowest to the highest rank, provided
1. A judgment is a final consideration and
that they exercise public functions.
2. A government laborer is not a public officer. determination by a court of competent
jurisdiction of the issues submitted to it in an
However, temporary performance by a
action or proceeding.
laborer of public functions makes him a public
2. An unjust judgment is one which is contrary
officer.
to law, or not supported by the evidence, or
Chapter 2: Malfeasance and Misfeasance in both.
3. No liability if judgment is based on error made
Office
in good faith.
4. An unjust judgment may result from:
Performance of some act
Malfeasance a. Error (with bad faith);
which ought not to be done
b. Ill-will or revenge (or hatred, envy, greed);
Improper performance of
or
some act which might lawfully
Misfeasance c. Bribery.
be
5. There must be evidence that the decision
done
rendered is unjust. It cannot be presumed.
Omission of an act which
6. Abuse of discretion or mere error of judgment
Nonfeasance ought to be
cannot likewise serve as bases for rendering
performed
an unjust judgment, in the absence of proof
or even an allegation of bad faith, ill motive, or
Misfeasance: improper consideration.
1. Knowingly rendering unjust judgment; 7. Does not apply to members of collegiate
2. Rendering judgment through negligence; courts who render collective judgment
3. Rendering unjust interlocutory order; and
4. Malicious delay in the administration of justice
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(Supreme Court, Court of Appeals, to the merits of the case?” If it does, it is

Sandiganbayan, and Court of Tax Appeals). interlocutory; if it does not, it is final.
Art. 205. Judgment Rendered Through Example: An order granting preliminary injunction
Negligence or an order appointing a receiver is an
Any judge who, by reason of inexcusable interlocutory order.
negligence or ignorance, shall render a
manifestly unjust judgment in any case Art. 207. Malicious Delay in the
submitted to him for decision Administration of Justice
Any judge guilty of malicious delay in the
Elements: (J-C-M-I) (4) administration of justice
1. That the offender is a Judge;
2. That he renders judgment in a Case Elements: (J-P-D-M) (4)
submitted to him for decision; 1. That the offender is a Judge;
3. That the judgment is Manifestly unjust; and 2. That there is a Proceeding in his court;
4. That it is due to Inexcusable negligence or 3. That he Delays the administration of
ignorance. justice; and
4. That the delay is Malicious, that is, the delay
Manifestly unjust judgment – Manifestly is caused by the judge with deliberate intent
contrary to law that even a person having meager to inflict damage on either party in the case
knowledge of it cannot doubt the injustice.
Note: Mere delay without malice is not
Note: Abuse of discretion or mere error of punishable.
judgment is not punishable.
Art. 208. Prosecution of Offenses;
Art. 206. Unjust Interlocutory Order Negligence and Tolerance
Any judge who shall knowingly render an Any public officer, or officer of the law, who, in
unjust interlocutory order or decree or who dereliction of the duties of his office, shall
shall render a manifestly unjust interlocutory maliciously refrain from instituting prosecution
order by inexcusable negligence for the punishment of violators of the law, or
shall tolerate the commission of offenses
Elements: (J-KM) (2)
1. That the offender is a Judge; and Punishable acts: (2)
2. That he performs any of the following acts: 1. Maliciously refraining from instituting
a. Knowingly renders an unjust prosecution against violators of the law; and
interlocutory order or decree, or 2. Maliciously tolerating the commission of
b. Renders a Manifestly unjust offenses
interlocutory order or decree through
inexcusable negligence or ignorance Elements:
1. That the offender is a public officer or officer
Interlocutory order - one issued by the court of the law who has a duty to cause the
deciding a collateral or incidental matter; it is not prosecution of, or to prosecute, offenses;
a final determination of the issues of the action or 2. That there is dereliction of the duties of his
proceeding. office, that is, knowing the commission of the
crime, he does not cause the prosecution of
Note: Test in determining whether an order or the criminal or knowing that a crime is about
judgment is interlocutory or final - “Does it leave to be committed, he tolerates its commission;
something to be done in the trial court with respect and
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3. That the offender acts with malice and Art. 209. Betrayal of Trust by an Attorney or
deliberate intent to favor the violator of the Solicitor – Revelation of Secrets
law Any attorney-at-law or any person duly
authorized to represent and/or assist a party to a
Who can be offenders in Art. 208 case who:
1. Officer of the Law – includes all those who, a) by any malicious breach of professional duty
by reason of the position held by them, are or of inexcusable negligence or ignorance, shall
duty bound to cause the prosecution and prejudice his client, or
punishment of offenders b) by any malicious breach of professional duty
or of inexcusable negligence or ignorance, reveal
2. Public Officer – extends to officers of the any of the secrets of the latter learned by him in
prosecution department whose duty is to his professional capacity; or
institute criminal proceedings for felonies the c) having undertaken the defense of a client or
perpetrations of which are made known to having received confidential information from
them said client in a case, shall undertake the defense
of the opposing party in the same case, without
Notes: the consent of his first client
1. PREVARICACION is the negligence in the
prosecution, and tolerance in the Punishable Acts: (3)
commission, of an offense. 1. Causing damage to client either
2. There must be a duty on the part of the public a. By any malicious breach of professional
officer to prosecute or move for the duty, or
prosecution of the offender. However, a fiscal b. By inexcusable negligence or
is under no compulsion to file an information ignorance
based upon a complaint if he is convinced that • Damage is necessary
the evidence before him is insufficient to 2. Revealing any of the secrets of his client
warrant filing an action in court. learned by him in his professional capacity
3. The crime must be proved first before an • Damage is NOT necessary.
officer can be convicted of dereliction of duty. 3. Undertaking the defense of the opposing
If the guilt of the law-violator is not proved, the party in the same case, without the consent
person charged with the dereliction of duty is of his first client, after having undertaken the
not liable. defense of the latter or having received
4. “Maliciously” signifies deliberate evil intent; a confidential information from the latter
dereliction of duty caused by poor judgment • If the client consents to the
or honest mistake is not punishable. attorney’s taking of the defense of
5. A public officer who harbors, conceals, or the other party, there is no crime.
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as Section 2. – Bribery
principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an Art. 210. Direct Bribery
accessory. Any public officer who shall agree to perform an
6. If gift/promise is a consideration for his act constituting a crime, in connection with the
conduct, the crime is direct bribery under Art. performance of this official duties, in
210. consideration of any offer, promise, gift or
present received by such officer, personally or
through the mediation of another,
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Punishable Acts: (3) Temporary performance of public functions

1. Agreeing to perform, or performing, in make the person a public officer
consideration of any offer, promise, gift or For purposes of this article, temporary
present, an act constituting a crime, in performance of public functions is sufficient to
connection with the performance of the constitute a person a public officer. A private
offender’s official duties; person may commit this crime only in the case in
2. Acceptance of the offer or promise is enough which custody of prisoners is entrusted to him.
to consummate the crime. If the offer is not
accepted, only the person offering the gift is Bribery exists when the gift is:
liable for attempted corruption of a public 1. Voluntarily offered by a private person;
officer. 2. Solicited by the public officer and voluntarily
3. Gift must have a value or be capable of delivered by the private person; and
pecuniary estimation. It could be in the form 3. Solicited by the public officer but the private
of money, property or services. person delivers it out of fear of the
4. Accepting a gift in consideration of the consequences should the public officer
execution of an act which does not constitute perform his functions. The crime by the giver
a crime, in connection with the performance is not corruption of public officials due to his
of the offender’s official duty; and involuntariness.
5. Agreeing to refrain, or refraining, from doing
something which it is the offender’s official Bribery and Prevaricacion, Distinguished
duty to do, in consideration of a gift or BRIBERY PREVARICACION
promise. Both consist of omissions to do an act
a. Prevaricacion (Art. 208) distinguished required to be performed.
from bribery: differs from bribery in the A gift or promise is Not necessary
sense that in the latter, the offender given in consideration
refrains from doing his official duty in of
consideration of a gift received or the omission
promised. This element is not
necessary in the crime of prevaricacion. Fourth element: The act which the public officer
agrees to perform must be connected with the
Elements: (PARE) (4) performance of his official duties. It is enough
1. That the offender be a Public officer; that the act is part of the established procedure of
2. That the offender Accepts an offer or a governmental agency.
promise or receives a gift or present by
himself or through another; Bribery and Robbery, Distinguished
3. That such offer or promise be accepted or
BRIBERY ROBBERY (ART. 294)
gift/present Received by the public officer -
When the victim When the victim did not
a. With a view to committing some crime;
has committed a commit a crime and he
OR
crime and gives is intimidated with
b. In consideration of an execution of an
money/gift to avoid arrest and/or
act which does not constitute a crime,
arrest or prosecution to deprive
but the act must be unjust; OR
prosecution him of his personal
c. To refrain from doing something which
property
is his official duty to do;
Victim parts with his Victim is deprived of his
4. That the act which the offender agrees to
money or property money or property by
perform or which he Executes be connected
voluntarily force or intimidation
with the performance of his official duties
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Art. 211. Indirect Bribery 3. His refusal is in consideration of any offer,

Any public officer who shall accept gifts Promise or gift
offered to him by reason of his office
Art. 212. Corruption of Public Officials
Elements: (PAB) (3) Any person who shall have made the offers or
1. That the offender is a Public officer; promises or given the gifts or presents as
2. That he Accepts gifts; and described in the preceding articles
3. That the said gifts are offered to him By
reason of his office. Elements:
1. The offender makes offers or promises or
Notes: gives gifts or presents to a public officer; and
1. The article uses the words “gift” and not 2. The offers or promises are made, or the gifts
“promise,” and “accept”, not just “receive”. or presents are given, to a public officer,
2. The gift is given in anticipation of future favor under circumstances that will make the public
from the public officer. officer liable for direct bribery or indirect
3. There must be clear intention on the part of bribery
the public officer to take the gift offered and
consider the property as his own from that Notes:
moment. Mere physical receipt 1. The offender is the giver of the gift or the
unaccompanied by any other sign, offeror of the promise. The act may or may
circumstance or act to show such acceptance not be accomplished.
is not sufficient to convict the officer. 2. Under P.D. 749, givers of bribes and other
4. There is no attempted or frustrated gifts as well as accomplices in bribery and
indirect bribery. other graft cases are immune from
prosecution if they voluntarily give any
Indirect and Direct Bribery, Distinguished information about any commission of direct,
INDIRECT DIRECT BRIBERY indirect, and qualified bribery, and any
BRIBERY corruption of public officials, provided that:
In both, a public officer receives a gift a. The information must refer to
Usually no such There is an consummated violations of any of the
agreement agreement between above-mentioned provisions of law,
the public officer and rules and regulations;
the giver b. The information, and the informant’s
Not necessary that Officer agrees to testimony, are necessary for the
the officer do an act, perform or refrain conviction of the accused public
as long as he from doing an act officer;
accepts gifts by c. Such information and testimony are
reason of his office not in possession of the State;
d. Such information and testimony can
be corroborated on its material points;
Art. 211-A. Qualified Bribery
and
Elements: (PRE) (3) e. Informant or witness has not been
previously convicted of a crime
1. The offender is a public officer Entrusted
involving moral turpitude.
with law enforcement;
2. He Refrains from arresting/ prosecuting an
offender for crime punishable by reclusion
perpetua and/or death; and
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Chapter 3: Frauds and Illegal Transactions Notes:

and Exactions 1. Mere demand of a larger or different amount
is sufficient to consummate the crime. The
Art. 213. Frauds against the Public Treasury essence is the improper collection, and
and Similar Offenses damage to the government is not required.
2. If sums are received without demanding the
Frauds against Public Treasury same, a felony under this article is not
Elements: (4) committed. However, if the sum is given as a
1. The offender is a public officer; sort of gift or gratification, the crime is indirect
2. He should have taken advantage of his office bribery.
- that is, he intervened in the transaction in his 3. When there is deceit in demanding larger
official capacity; fees, the crime committed is estafa.
3. He entered into an agreement with any 4. This felony may be complexed with
interested party or speculator or made use of malversation. Ex. A tax collector who
any other scheme with regard to (a) collected a sum larger than that authorized by
furnishing supplies ,(b) the making of law and spent all of them is guilty of two
contracts, or (c) the adjustment or settlement crimes, namely:
of an account relating to public property or a. illegal exaction, for demanding a
funds; and greater amount; and
4. The accused had intent to defraud the b. malversation for misappropriating the
government. amount collected.
Notes: 5. Officers and employees of the BIR and the
1. The public officer must act in his official Bureau of Customs are not covered by this
capacity. article, since their acts are covered by the
2. The felony is consummated by merely NIRC and the Administrative Code,
entering into an agreement with any respectively.
interested party or speculator or by merely
making use of any scheme to defraud the Art. 214. Other Frauds
Government. Any public officer who, taking advantage of
his official position, shall commit any of the
Illegal Exactions frauds or deceits enumerated in Arts. 315 and
Elements: (2) 316 of the RPC
1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and Elements: (PAC) (3)
other imposts; and 1. That the offender is a Public officer;
2. He is guilty of any of the following acts or 2. That he takes Advantage of his official
omissions: position; and
a. Demanding, directly or indirectly, the 3. That he Commits any of the frauds or
payment of sums different from or larger deceits enumerated in Arts. 315 and 316
than those authorized by law, (Estafa, Swindling)
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money Note: The penalty under this Article is in addition
collected by him officially, or to the penalties prescribed in the articles violated
c. Collecting or receiving, directly or
indirectly, by way of payment or Art 215. Prohibited Transactions
otherwise, things or objects of a nature Any appointive public officer who, during his
different from that provided by law. incumbency, shall directly or indirectly
become interested in any transaction of
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exchange or speculation within the territory transaction connected with the estate or
subject to his jurisdiction property in the approval, distribution or
adjudication of which they had acted; and
Elements: (AI-WI) (4) 3. Guardians and executors with respect to
1. That the offender is an Appointive public property belonging to their wards or the
officer; estate
2. That he becomes Interested, directly or
indirectly, in any transaction of exchange or Notes:
speculation; 1. Actual fraud is not necessary.
3. That the transaction takes place Within the 2. Intervention must be by virtue of public office
territory subject to his jurisdiction; and held.
4. That he becomes interested in the 3. Act is punished because of the possibility that
transaction during his Incumbency. fraud may be committed or that the officer
may place his own interest above that of the
Notes: Government or of the party which he
1. The transaction must be of exchange or represents.
speculation. 4. Pertinent Constitutional prohibitions:
2. Examples of transactions of exchange or a. Member of Congress cannot personally
speculation are buying and selling stocks, appear as counsel; cannot be interested
commodities, land, etc. wherein one hopes to financially in any franchise or special
take advantage of an expected rise or fall in privilege granted by government; cannot
price for gain or profit, and not merely as intervene in any matter before any office of
investment Government;
3. Purchasing of stocks or shares in a company b. Members of the Executive branch cannot
is simple investment and not a violation of the hold any other office; and
article. However, regularly buying securities c. Members of Constitutional Commissions
for resale is speculation. cannot hold any other office, or engage in
practice of profession or management of
Art. 216. Possession of Prohibited Interests business, or be financially interested in a
by a Public Officer contract with, or franchise/privilege by,
A public officer who, directly or indirectly, shall the government.
become interested in any contract or business
in which it is his official duty to intervene. This
provision is applicable to experts, arbitrators
and private accountants who, in like manner,
shall take part in any contract or transaction Chapter 4: Malversation of Public Funds or
connected with the estate or property in Property
appraisal, distribution or adjudication of which
they shall have acted, and to guardians and Art. 217. Malversation of Public Funds or
executors with respect to the property Property
belonging to their wards or estate. Any public officer who, by reason of the duties
of his office, is accountable for public funds or
Persons liable: property, shall appropriate the same or shall
1. Public officer who become interested in take or misappropriate or shall consent,
any contract or business in which it is his through abandonment or negligence, shall
official duty to intervene; permit any other person to take such public
2. Experts, arbitrators and private funds, or property, wholly or partially, or shall
accountants who take part in any contract or
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otherwise be guilty of the misappropriation or 5. The funds or property must be received in an

malversation of such funds or property official capacity. Otherwise, the crime
committed is estafa.
Elements:
1. That the offender be a public officer (or Circumstances which make private
private person, if entrusted with public funds individuals liable
or if in connivance with public officers); 1. When they are in conspiracy with public
2. That he has the custody or control of funds or officers;
property (if not accountable for the funds, 2. When they have charge of national, provincial
crime committed is theft or qualified theft); or municipal funds, revenues or property in
3. That those funds or property are public funds any capacity;
or property (even if private funds, they 3. Those who are accessories or accomplices of
become public if attached, seized, deposited an erring public officer; and
or commingled with public funds); and 4. Depositories or administrators of public funds
4. That he: or property
a. Appropriated the funds or property;
b. Took or misappropriated them; or Notes:
Consented or, through abandonment or 1. When malversation is not committed through
negligence, permitted any other person negligence, lack of criminal intent or good
to take such public funds or property. faith is a defense.
2. The failure of a public officer to have any duly-
Meaning of misappropriate or convert forthcoming public funds or property upon
The words “misappropriate” and “convert” demand, by any authorized officer shall be
connote an act of using or disposing of another’s prima facie evidence that he has put such
property as if it were one’s own or of devoting it to missing funds or property to personal use.
a purpose or use different from that agreed upon. However, if at the very moment when the
(Ceniza-Manatan v People, GR No. 156248, shortage is discovered, the accountable
August 28, 2007) officer is notified, and he immediately pays
the amount from his pocket, the presumption
Notes: does not arise. (U.S. v Feliciano, 15 Phil 147)
1. It is not necessary that the offender profited 3. Returning embezzled funds is not an
by his malversation. His being remiss in the exempting circumstance but only mitigating.
duty of safekeeping public funds violates the However, the return of the malversed funds
trust reposed in him. should be “prompt.”
2. Public funds taken need not be 4. A person whose negligence made possible
misappropriated. the commission of malversation by another
3. It can be committed either with malice or can be held liable as a principal by
through negligence or imprudence, although indispensable cooperation.
the penalty is the same. Negligence of the 5. Malversation may be commited either
accountable public officer must be positively through a positive act of misappropriation of
and clearly shown to be inexcusable. public funds or property or passively through
4. In determining whether the offender is a negligence, by allowing another to commit
public officer, what is controlling is the nature such misappropriation. (People v Jose Ting
of his office and not the designation. He Lan Uy, GR No. 157399, November 17, 2005)
should be a public officer who receives money 6. The fact that the obligation to deposit the
or property from government for which he is collections of the City Treasurer's Office is not
bound to account, and which he has authority covered by appellant's official job description
to collect or receive is of no legal consequence in a prosecution
for Malversation. What is essential is that
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appellant had custody or control of public 2. That he must be an Accountable officer for
funds by reason of the duties of his office. public funds or property; and
[People v. Hipol, 454 Phil. 679 (2003)] 3. That he must have Unlawfully left (or be on
7. See Azarcon v. Sandiganbayan [G.R. No. the point of leaving) the Philippines without
116033, Feb. 26, 1997] where the securing from the Commission on Audit a
Sandiganayan ruled it had no jurisdiction over certificate showing that his accounts have
a person who was given custody of distrained been finally settled
property. The Court said, “It is evident that
the petitioner did not cease to be a private Note:
individual when he agreed to act as a The act of leaving the Philippines must be
depositary of the garnished dump truck.” unauthorized or not permitted by law.
Art. 218. Failure of Accountable Officer to Art. 220. Illegal Use of Public Funds or
Render Account Property (Technical Malversation)
Any public officer, whether in the service or Any public officer who shall apply any public
separated therefrom by resignation or any fund or property under his administration to any
other cause, who is required by law or public use other than that for which such fund
regulation to render account to the (Insular) or property was appropriated by law or
Auditor or to a provincial auditor, and who fails ordinance
to do so for a period of two months after such
accounts should be rendered Elements: (PAPA) (4)
1. That the offender is a Public officer;
Elements: (FRAP) (4) 2. That there is a Public fund or property
1. That the offender is a Public officer, whether under his administration;
in the service or separated therefrom; 3. That such public fund or property has been
2. That he must be an Accountable officer for Appropriated by law or ordinance (without
public funds or property; this, it is simple malversation); and
3. That he is Required by law or regulation to 4. That he Applies the same to a public use
render accounts to the Commission on Audit other than for which such fund or property
or to a provincial auditor; and has been appropriated by law or ordinance
4. That he Fails to do so for a period of two
months after such accounts should be Notes:
rendered 1. Unlike in Art. 217 (Malversation), in illegal use
of public funds or property (Technical
Note: Demand and misappropriation are not Malversation), the offender does not derive
necessary. any personal gain; the funds are merely
devoted to some other public use.
Art. 219. Failure of a Responsible Public 2. Absence of damage is only a mitigating
Officer to Render Accounts before Leaving circumstance.
the Country 3. Criminal intent is not an element of technical
Any public officer who unlawfully leaves or malversation. The law punishes the act of
attempts to leave the Philippine Islands diverting public property earmarked by law or
without securing a certificate from the ordinance for a particular public purpose to
(Insular) Auditor showing that his accounts another public purpose. The offense is mala
have been finally settled prohibita, meaning that the prohibited act is
not inherently immoral but becomes a
Elements: (PAU) (3) criminal offense because positive law forbids
1. That the offender is a Public officer; its commission, based on considerations of
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public policy, order, and convenience. It is the b. deliver property in his custody or
commission of an act as defined by the law, administration when ordered by
and not the character or effect thereof, that competent authority to do so; and
determines whether or not the provision has 3. That he maliciously fails or refuses to do so
been violated. Hence, malice or criminal
intent is completely irrelevant. (Arnold James Art. 222. Officers Included In the Preceding
M. Ysidoro v. People, G.R. No. 192330, Provisions
November 14, 2012) Persons liable under Arts. 217 to 221:
4. In relation to the second element, if the public 1. Private individual who, in any
funds are established to be part of savings, capacity, have charge of any national,
the same ceased to be appropriated by law provincial or municipal funds, revenue, or
or ordinance for any specific purpose. property Example: a withholding tax
(Abdulla v. People, G.R. No. 150129, April 6, agent
2005) 2. Administrator or depositary of funds
or property that has been attached,
Illegal Use of funds or property and seized or deposited by public authority,
Malversation, Distinguished even if owned by a private individual
ILLEGAL USE OF MALVERSATION
FUNDS OR Notes:
PROPERTY 1. Sheriffs and receivers fall under the term
In both, offender is an accountable public “administrator”
officer 2. Judicial administrator not covered by this
Offender does not Offender, in certain article (Appointed to administer estate of
derive any personal cases, profits from deceased and not in charge of property
gain or profit the proceeds of the attached, impounded or placed in deposit by
crime public authority)
The public fund or The public fund or 3. Private property is included if it is attached,
property is applied to property is applied to seized or deposited by public authority
another public use personal use
Chapter 5: Infidelity of Public Officers
Art. 221. Failure to Make Delivery of Public
Funds or Property Section 1. – Infidelity in the Custody of
Any public officer under obligation to make Prisoners
payment from Government funds in his
possession, who shall - Art. 223. Conniving With or Consenting To
FR (2) Evasion
1. Fail to make payment; and Any public officer who shall consent to the
2. Refuse to make delivery despite being escape of a prisoner in his custody or charge
ordered by competent authority to deliver
any property in his custody or under his Elements:
administration (must be malicious) 1. That the offender is a public officer (on duty);
2. That he is charged with the conveyance or
Elements: custody of a prisoner, either detention
1. That the public officer has government funds prisoner or prisoner by final judgment;
or property in his possession 3. That such prisoner escaped from his custody;
2. That he is under obligation to either: and
a. make payment from such funds, or 4. That he was in connivance with the prisoner
in the latter’s escape
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Notes: 4. The negligent public officer suffers the same

1. A person becomes a detention prisoner from penalty regardless of whether the prisoner is
the moment he is “booked”. This refers to the a convict or merely a detention prisoner.
accomplishment of the booking sheet and 5. Any public officer who has direct custody of a
filling out of a form where his finger-prints are detained person under the provisions of this
affixed. From that time on, he is already a Act and who, by his deliberate act,
detention prisoner even if he is not yet misconduct or inexcusable negligence
incarcerated. causes or allows the escape of such detained
2. The release of a detention prisoner who person, shall be guilty of an offense. (RA
could not be delivered to judicial authorities 11479, Sec. 42)
within the time fixed by law is not infidelity in
the custody of a prisoner. Neither does mere Art. 225. Escape of Prisoner under the
leniency or laxity in the performance of duty Custody of a Person Not a Public Officer
constitute infidelity. Any private person to whom the conveyance or
3. There is real and actual evasion of service of custody of a prisoner or person under arrest
sentence when the custodian permits the shall have been confided, who shall commit any
prisoner to obtain a relaxation of his of the offenses mentioned in the two preceding
imprisonment. articles
Art. 224. Evasion Through Negligence Elements:

Any public officer charged with the 1. That the offender is a private person;
conveyance or custody of a prisoner who, 2. That the conveyance or custody of a prisoner
through negligence, shall allow the evasion or person under arrest is confided to him; (He
(escape) of the prisoner has custody)
3. That the prisoner or person under arrest
Elements: (PCE) (3) escapes; and
1. That the offender is a Public officer; 4. That the offender consents to the escape of
2. That he is charged with the Conveyance or the prisoner or person under arrest, or that
custody of a prisoner, either detention the escape takes place through his
prisoner or prisoner by final judgment; and negligence
3. That such prisoner Escapes through his
negligence Note: This article is not applicable if a private
person made the arrest and he consented to the
Notes: escape of the person he arrested.
1. The article punishes a definite laxity which
amounts to deliberate non-performance of a Section 2. – Infidelity in the Custody of
duty. Documents
2. The fact that the public officer recaptured the
prisoner who had escaped from his custody Art. 226. Removal, Concealment or
does not afford him complete exculpation. Destruction of Documents
3. Extent of liability of an escaping prisoner: Public officer who shall remove, destroy or
a. if a prisoner by final judgment, he is liable conceal documents or papers officially
for evasion of service (Art. 157) entrusted to him
b. if a detention prisoner, he does not incur
criminal liability (unless he cooperated Elements: (PAED) (4)
with the offender) 1. That the offender be a Public officer;
2. That he Abstracts, destroys or conceals a
document or paper;
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3. That the said document or paper should have Elements: (4)

been Entrusted to such public officer by 1. That the offender is a Public officer;
reason of his office; and 2. That he is Charged with the custody of
4. That Damage, whether serious or not, to a papers or property;
third party or to the public interest should 3. That these papers or property are Sealed by
have been caused. proper authority; and
4. That he Breaks the seals or permits them to
Notes: be broken.
1. The document or paper must be complete
and one by which a right could be established Notes:
or an obligation could be extinguished. 1. It is the breaking of the seals and not the
2. “Papers” would include checks, promissory opening of a closed envelope which is
notes and paper money. punished.
3. A post office official who retained mail/letters 2. Damage or intent to cause damage is not
without forwarding them to their destination is necessary; damage is presumed.
guilty of infidelity in the custody of papers.
4. Removal (“abstracting”) of a document or Art. 228. Opening of Closed Documents
paper must be for an illicit purpose. There is Any public officer not included in the provisions
illicit purpose when the intention of the of the next preceding article who, without
offender is to: proper authority, shall open or shall permit to be
a. tamper with it, opened any closed papers, documents or
b. to profit by it, or objects entrusted to his custody
c. to commit any act constituting a
breach of trust in the official care thereof. Elements: (P-E-H-N) (4)
(Kataniag v People, 74 Phil 45) 1. That the offender is a Public officer;
5. Removal is consummated upon the removing 2. That any closed papers, documents, or
or secreting away of the document from its objects are Entrusted to his custody;
usual place. It is immaterial whether or not 3. That He opens or permits to be opened said
the illicit purpose of the offender has been closed papers, documents or objects; and
accomplished. 4. That he does Not have proper authority.
6. Destruction or concealment of a document or
paper does not require proof of an illicit Notes:
purpose. (Reyes, Book Two, p. 480) 1. “Custody” means guarding or keeping safe;
7. Delivering a document (a backpay certificate) care.
to a wrong party instead of returning it to the 2. Damage or intent to cause damage is not
releasing clerk after it was signed by the necessary.
Treasurer, with the resut that the owner could
not make withdrawal of his backpay, is Section 3. – Revelation of Secrets
infidelity in the custody thereof. (People v
Irineo, CA, 53 OG 2827) Art. 229. Revelation of Secrets by an Officer
Any public officer who shall reveal any secret
Art. 227. Officer Breaking Seal known to him by reason of his official capacity,
Any public officer charged with the custody of or shall wrongfully deliver papers or copies of
papers or property sealed by proper authority, papers of which he may have charge and which
who shall break the seals or permit them to be should not be published
broken
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Punishable Acts: revelation of secrets. On the other hand, if the

1. By revealing any secret known to the papers do not contain secrets, their removal
offending public officer by reason of his for an illicit purpose is infidelity in the custody
official capacity; and of documents.
2. By delivering wrongfully papers or copies of 3. Damage is essential to the act committed.
papers of which he may have charge and
which should not be published. Art. 230. Public Officer Revealing Secrets of
Private Individual
Elements of para. 1 (Secrets known by reason Any public officer, to whom the secrets of any
of his official capacity): (DOWP) (4) private individual shall become known by
1. That the offender is a Public officer; reason of his office, who reveals such secrets
2. That he knows of a secret by reason of his
Official capacity; Elements: (3)
3. That he reveals such secret Without 1. That the offender is a Public officer;
authority or justifiable reasons; and 2. That he Knows of the secret of a private
4. That Damage, great or small, be caused to individual by reason of his office; and
the public interest. 3. That he Reveals such secrets without
authority or justifiable reason.
Notes:
1. Secret must affect public interest, not secrets Notes:
of a private individual. 1. Revelation to one person is sufficient.
2. Espionage for the benefit of another State is 2. If the offender is an attorney, he is properly
not contemplated by the article. If the secrets liable under Art. 209 (betrayal of trust by an
are with regard to military secrets or secrets attorney).
affecting Philippine State security, the crime 3. It is not necessary that damage is suffered by
may be espionage. the private individual. The reason for this
provision is to uphold faith and trust in the
Elements of para. 2 (wrongfully delivering public service.
papers or copies of papers of which he may
have charge and which should not be Chapter 6: Other Offenses or Irregularities by
published): (6) Public Officers
1. That the offender is a public officer;
2. That he has charge (custody or control) of Section 1. – Disobedience, Refusal of
papers; Assistance, and Maltreatment of Prisoners
3. That those papers should not be published;
4. That he delivers those papers or copies Art. 231. Open Disobedience
thereof to a third person; Any judicial or executive officer who shall
5. That the delivery is wrongful; and openly refuse to execute the judgment,
6. That damage is caused to public interest. decision or order of any superior authority
made within the scope of the jurisdiction of the
Notes: latter and issued with all the legal formalities
1. Charge means custody or control. If the
offender is merely entrusted with the Elements: (JJJ-O) (4)
possession of papers but not with the custody 1. That the offender is a Judicial or executive
thereof, he is not liable under this article. officer;
2. If the papers contain secrets which should not 2. That there is a Judgment, decision or order
be published, and the public officer having of superior authority;
charge thereof removes and delivers them
wrongfully to a third person, the crime is
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3. That such Judgment, decision or order Notes:

was made within the scope of the 1. This felony involves a request from one public
jurisdiction of the superior authority and officer to another.
issued with all the legal formalities; and 2. Damage to the public interest or third party is
4. That the offender, without any legal essential.
justification, Openly refuses to execute the 3. Demand is necessary.
said judgment, decision or order which he is 4. Demand must be from competent authority.
duty bound to obey.
Art. 234. Refusal To Discharge Elective Office
Art. 232. Disobedience to Order of Superior Any person who, having been elected by popular
Officer; When Said Order was Suspended by election to a public office, shall refuse, without
Inferior Officer legal motive, to be sworn in or to discharge the
Any public officer who, having for any reason duties of said office
suspended the execution of the orders of his
superiors, shall disobey such superiors after Elements: (REN) (3)
the latter have disapproved the suspension 1. That the offender is Elected by popular
election to a public office;
Elements: (POSS-D) (5) 2. That he Refuses to be sworn in or
1. That the offender is a Public officer; discharge the duties of said office;
2. That an Order is issued by his superior for 3. That there is No legal motive for such refusal
execution; to be sworn in or to discharge the duties of
3. That he has, for any reason Suspended the said office.
execution of such order;
4. That his Superior disapproves the Notes:
suspension of the execution of the order; and 1. If the elected person is disqualified, his
5. That the offender Disobeys his superior refusal to be sworn in or to discharge the
despite the disapproval of the suspension. duties of the office is justified.
2. Refusal to discharge the duties of an
Note: appointive office is not covered by this article.
A public officer is not liable if the order of the
superior is illegal. Art. 235. Maltreatment of Prisoners
Any public officer or employee who shall overdo
Art. 233. Refusal of Assistance himself in the correction or handling of a
A public officer who, upon demand from prisoner or detention prisoner under his charge,
competent authority, shall fail to lend his by the imposition of punishments not
cooperation towards the administration of authorized by the regulations, or by inflicting
justice or other public service such punishments in a cruel and humiliating
manner
Elements: (PCM) (3)
1. That the offender is a Public officer; Elements:
2. That a Competent authority demands from 1. That the offender is a public officer or
the offender that he lend his cooperation employee;
towards the administration of justice or other 2. That he has charge of a prisoner or detention
public service; and prisoner (otherwise the crime is physical
3. That the offender fails to do so Maliciously injuries); and
3. That he maltreats such prisoner in either of
the following manners:
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a. By overdoing himself in the correction 3. That he Assumes the performance of the

or handling of a prisoner or detention duties and powers of such office; and
prisoner under his charge either – 4. That he has Not taken his oath of office
i. by the imposition of punishments and/or given the bond required by law. 
not authorized by the regulations,
or Art. 237. Prolonging Performance of Duties
ii. by inflicting such punishments and Powers
(those authorized) in a cruel and Any public officer shall continue to exercise
humiliating manner, or the duties and powers of his office,
b. by maltreating such prisoner to extort employment or commission beyond the
a confession or to obtain some period provided by law, regulation or special
information from the prisoner. provisions applicable to the case
Notes: Elements:
1. The public officer must have actual charge of 1. That the offender is holding a public office;
the prisoner in order to be held liable (not 2. That the period provided by law, regulations
merely a charge by legal fiction). or special provisions for holding such office
2. Offended party must be a: (1) convict by final has already expired; and
judgment, or (2) detention prisoner. 3. That he continues to exercise the duties and
3. Maltreatment should not be due to personal powers of such office.
grudge, otherwise, liability is for physical
injuries only. Note:
4. Offender may also be held liable for physical The officers contemplated are those who have
injuries or damages caused. (The penalty been suspended, separated, declared over-aged
provided in Article 235 is imposed in addition or dismissed.
to penalty for injury or damage caused.)
There is no complex crime of maltreatment of Art. 238. Abandonment of Office or Position
prisoners with serious or less serious Any public officer who, before the acceptance
physical injuries. of his resignation, shall abandon his office to
the detriment of the public service
Section 2. – Anticipation, Prolongation and
Abandonment of the Duties and Powers of
Elements:
Public Office
1. That the offender is a public officer;
2. That he formally resigns from his position;
Art. 236. Anticipation of Duties of a Public
3. That his resignation has not yet been
Office
accepted; and
Any person who shall assume the 4. That he abandons his office to the detriment
performance of the duties and powers of any of the public service.
public officer or employment without first
being sworn in or having given the bond Notes:
required by law 1. There must be formal or written resignation.
2. The offense is qualified if the purpose behind
Elements: (LANE) (4) the abandonment is to evade the discharge
1. That the offender is Entitled to hold a public of duties consisting of preventing,
office or employment, either by election or prosecuting or punishing any of the crimes
appointment; against national security (e.g. treason,
2. That the Law requires that he should first be espionage), in which case, the penalty is
sworn in and/or should first give a bond; higher.
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Abandonment of Office or Position and b. obstructs executive authorities in the

Dereliction of Duty, Distinguished lawful exercise of their powers
ABANDONMENT
DERELICTION OF
OF OFFICE OR Note:
DUTY (ART. 208)
POSITION Legislative officers are not liable for usurpation of
Committed only by executive functions.
public officers who
Committed by any Art. 241. Usurpation of Judicial Functions
have the duty to
public officer
institute Any officer of the executive branch of the
prosecution Government who shall assume judicial powers or
There is actual Public officer does shall obstruct the execution of any order or
abandonment not abandon his decision rendered by any judge within his
through resignation office but merely jurisdiction
to evade the fails to prosecute a
discharge of duties violation of the law Elements:
1. That the offender is an officer of the executive
Section 3. – Usurpation of Powers and branch of the government; and
Unlawful Appointments 2. That he:
a. assumes judicial powers, or
Art. 239. Usurpation of Legislative Powers b. obstructs the execution of any order or
Any executive or judicial officer who shall decision rendered by any judge within
encroach upon the powers of the legislative his jurisdiction
branch of the Government, either by making
general rules or regulations beyond the scope Note: Legislative officers are not liable for
of his authority or by attempting to repeal a usurpation of judicial functions.
law or suspending the execution thereof
Art. 242. Disobeying Request for
Elements: Disqualification
1. That the offender is an executive or judicial Any public officer who, before a question of
officer; and jurisdiction by him over a proceeding is decided,
2. That he: shall continue any proceeding after having been
a. makes general rules or regulations lawfully required to refrain from so doing
beyond the scope of his authority, or
b. attempts to repeal a law, or Elements:
c. suspends the execution thereof 1. That the offender is a public officer;
2. That a proceeding is pending before such
Art. 240. Usurpation of Executive Functions public officer;
Any judge who shall assume any power 3. That there is a question brought before the
pertaining to the executive authorities or shall proper authority regarding his jurisdiction,
obstruct the latter in the lawful exercise of which is not yet decided;
their powers 4. That he has been lawfully required to refrain
from continuing the proceeding; and
Elements: 5. That he continues the proceeding
1. That the offender is a judge; and
2. That he:
a. assumes a power pertaining to the
executive authorities, or
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Art. 243. Orders or Requests by Executive Section 4. – Abuses against Chastity

Officer to Any Judicial Authority
Any executive officer who shall address any Art. 245. Abuses against Chastity
order or suggestion to any judicial authority Any public officer who shall solicit or make
with respect to any case or business coming immoral or indecent advances to a woman
within the exclusive jurisdiction of the courts interested in matters pending before such
of justice officer for decision, or with respect to which he
is required to submit a report to or consult with
Elements: (3) a superior officer;
1. That the offender is an executive officer;
2. That he addresses any order or suggestion Any warden or other public officer directly
to any judicial authority; and charged with the care and custody of
3. That the order or suggestion relates to any prisoners or persons under arrest who shall
case or business coming within the exclusive solicit or make immoral or indecent advances
jurisdiction of the courts of justice to a woman under his custody
Note: Punishable Acts: (3)

Legislative or judicial officers are not liable under 1. By soliciting or making immoral or indecent
this article. advances to a woman interested in matters
pending before the offending officer for
Art. 244. Unlawful Appointments decision, or with respect to which he is
Any public officer who shall knowingly required to submit a report to or consult with
nominate or appoint to any public office any a superior officer;
person lacking the legal qualifications therefor 2. By soliciting or making immoral or indecent
advances to a woman under the offender’s
Elements: custody; and
1. That the offender is a public officer; 3. By soliciting or making immoral or indecent
2. That he nominates or appoints a person to a advances to the wife, daughter, sister, or
public office; relative within the same degree by affinity of
3. That such person lacks the legal qualification any person in custody of the offending
therefor; and warden or officer
4. That the offender knows that his nominee or
appointee lacks the qualification at the time Elements:
he made the nomination or appointment 1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
Notes: advances to a woman; and
1. Mere recommending, even if with the 3. That such woman must be –
knowledge that the person recommended is a. interested in matters pending before the
not qualified, is not a crime. He must offender for decision, or with respect to
nominate. which he is required to submit a report to
2. There must be a law providing for the or consult with a superior officer, or
qualifications of a person to be nominated or b. under the custody of the offender who is
appointed to a public office. a warden or other public officer directly
charged with care and custody of
prisoners or person under arrest, or
c. the wife, daughter, sister or relative within
the same degree by affinity of the person
in the custody of the offender.
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Notes: b. Child Less than 3 days old (infanticide);

1. The mother of the person in the custody of the c. Relationship by Affinity (in-laws);
public officer is not included. d. Illegitimate other
2. To solicit means to propose earnestly and Ascendant/descendant; and
persistently something unchaste and immoral e. Common-law spouse
to a woman. Notes:
3. The crime is consummated by mere 1. Relationship must be alleged in the
proposal. Information and proved. If not alleged, it can
4. Proof of solicitation is not necessary when only be considered as an ordinary
there is sexual intercourse. aggravating circumstance.
2. Punished by reclusion perpetua to death
3. Only relatives by blood and in direct line
(except spouse) are considered. Only
relatives by blood may be legitimate or
illegitimate. An adoptive father or adopted
son, or father-in-law or son-in- law, is not
————end of topic ———— included in this provision. (Reyes, Book Two,
p.507)
G. CRIMES AGAINST PERSONS 4. Marriages among Muslims or among
Chapter 1: Destruction of Life members of ethnic cultural communities
recognized (Art. 33, Family Code)
Section 1 - Parricide, Murder, Homicide 5. Punishment for Parricide through
imprudence/negligence:
Art. 246. Parricide a. Reckless imprudence – punished by
Any person who shall kill his father, mother, or Arresto Mayor in its maximum period to
child, whether legitimate or illegitimate, or any Prision Correccional in its medium
of his ascendants, or descendants, or his period; and
spouse b. Simple imprudence or negligence –
punished by Arresto Mayor in its medium
Elements: (RAK) maximum periods.
1. That a person is killed; 6. Parricide by mistake: if there is intent to kill
2. That the deceased is killed by the accused; a stranger but, by mistake, a covered relative
3. That the deceased is the (relationship) is killed, offender will be liable, applying Art.
a. father, mother, or child, whether 4(1) (in relation to Art. 49 of the RPC, for
legitimate or illegitimate, or penalization), because knowledge of
b. legitimate other ascendant or other relationship is not required in parricide
descendant, or 7. Parricide by omission (in relation to Art. 276,
c. legitimate spouse of the accused 2nd par. – Abandoning a minor)
8. Stranger cooperating in parricide is only guilty
Relationship of the offender with the victim is of homicide or murder, as the case may be
the essential element.
1. Required to determine legitimacy of Parricide is not punishable by Reclusion
relationship with victims; Perpetua to Death when:
2. The following are excluded (i.e., the accused 1. It is committed through negligence (Art. 365);
will not be guilty of parricide if they are killed or
by him/her) (A3-RIC) 2. It is committed under exceptional
a. Adoptive relationship (adopting parent- circumstances (Art. 247).
adopted child); (Reyes, Book Two, p.507)
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Art. 247. Death or Physical Injuries Inflicted

Under Exceptional Circumstances Justification for Art. 247: Burst of Passion
Committed by The killing must be the proximate result of the
1. any legally married person who, having outrage overwhelming the accused; and not
surprised his spouse in the act of influenced by external factors.
committing sexual intercourse with another
person, shall kill or inflict serious physical Notes:
injuries on any of them or both of them in 1. The article does not define a crime, but when
the act or immediately thereafter; or death/serious physical injuries are inflicted, it
2. Parents who, having surprised their grants a “singular mitigating circumstance”
daughters under 18 years of age and living and, provides for the “penalty” of destierro (as
with them in the act of committing sexual a form of protection for the accused) instead
intercourse with other persons, shall kill or of the severe penalty prescribed for parricide,
inflict serious physical injuries on any of homicide, or physical injuries.
them or both of them in the act or 2. If the physical injuries caused are less
immediately thereafter serious or slight, the circumstances present
an absolutory cause, thus no criminal liability
Elements: (3) is ascribed.
1. A legally married person or parent surprises 3. Both wives and husbands are entitled to the
his spouse or daughter (the latter must be benefits of this article.
under 18 and living with them) in the act of 4. Sexual intercourse does not include
committing sexual intercourse with another preparatory acts.
person; 5. It is immaterial whether the offending
2. He/she kills any or both of them or inflicts daughter is legitimate or illegitimate, provided
upon any or both of them any serious physical they are living with their offended parents.
injury in the act or immediately thereafter; and
3. He/she has not promoted or facilitated the Physical Injuries:
prostitution of his wife or daughter, or that 1. When only other types of physical injuries are
he/she has not consented to the infidelity of inflicted, the article grants absolution from
his/her spouse. criminal liability (no penalty imposable).
2. Although as a rule, one committing an
Definitions of terms offense is liable for all the consequences of
1. The requirement of being legally married his act, the rule presupposes that the act
therefore excludes common-law done amounts to a felony. If the act done is
relationships. not a felony, the accused cannot be held
2. Legitimacy of parent is not required, where a liable for physical injuries inflicted upon third
daughter is minor, unmarried and living with persons (i.e., those other than the
her parents. wife/daughter and the paramour). (People v.
3. Surprise means “to come up suddenly and Abarca, 153 SCRA 735)
unexpectedly.”
4. In the act of committing sexual Art. 248. Murder
intercourse with another person is satisfied Any person who, not falling within the
if circumstances show reasonably that the provisions of Article 246, shall kill another with
carnal act is being committed or has just been the attendance of certain qualifying
committed. circumstances
5. Immediately thereafter means the
discovery, escape, pursuit and the killing
must all form parts of one continuous act.
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Elements: b. Present when an adult person attacks a

1. That a person is killed; child of tender years
2. That the deceased is killed by the accused; c. The essence of treachery is that the
3. That the killing was attended by any of the attack comes without a warning and in a
following qualifying circumstances: swift, deliberate, and unexpected
a. with treachery, taking advantage of manner, affording the hapless, unarmed,
superior strength, with the aid of armed and unsuspecting victim no chance to
men, or employing means to weaken the resist or escape.
defense or of means or persons to insure
or afford impunity, Treachery must have been deliberately or
b. in consideration of price, reward or consciously adopted as the means of
promise, execution to ensure the success of the felony.
c. by means of inundation, fire, poison, [LEONEN] There was no treachery because X
explosion, shipwreck, stranding of had tapped the victim on his shoulder before he
vessel, derailment or assault upon a stabbed him. The mere suddenness of an attack
street car or locomotive, fall of airship, by shouldn’t be the sole basis in finding treachery.
means of motor vehicles, or with the use There must be evidence to show that the accused
of any other means involving great waste deliberately or consciously adopted the means of
or ruin, execution to ensure its success. Also, before the
d. on occasion of any of the calamities attack, the victim had been insulting him and
enumerated in the preceding paragraph, mocking him in a loud voice. This utterance, along
or of an earthquake, eruption of a with the testimonies of victim’s previous insults,
volcano, destructive cyclone, epidemic or would have been sufficient provocation for X to
any other public calamity, stab him. Since treachery hasn’t been
e. with evident premeditation, or established, the crime is only homicide. (People
f. with cruelty, by deliberately and v. Oloverio, G.R. No. 211159, March 18, 2015)
inhumanely augmenting the suffering of
the victim, or outraging or scoffing at his [LEONEN] For there to be treachery, the
person or corpse; and following must be proven: (1) that at the time of
4. The killing is not parricide or infanticide. the attack, the victim was not in a position to
defend himself, and (2) that the offender
Murder is the unlawful killing of any person, which consciously adopted the particular means,
is not parricide or infanticide, provided that any of method or form of attack employed by him. When
the above-enumerated circumstances are Z grabbed X's arm by surprise and
present. simultaneously stabbed him with a knife despite
being unarmed. This left X helpless as it left him
Notes: with no opportunity to defend himself or even to
1. Intent to kill – essential in all qualifying retaliate. (People v. Antonio y Pableo, G.R. No.
circumstances, except treachery 229349, January 29, 2020)
2. Victim must be killed in order to consummate
the crime; if victim is not killed, only either [LEONEN] After responding to a report and
attempted or frustrated murder is committed resorting to a car chase, the officers were able to
3. Treachery – present when the act block its path. Upon order of the officers, all the
constituting the felony is sudden and riders stepped out of the vehicle except for the
unexpected, to the point of incapacitating the driver. Police X, who was fully armed, opened the
victim from being able to repel or escape it door opposite the driver’s side to check on him,
a. The means, methods, or form of attack but as soon as he did, the driver shot Police X
must be consciously adopted by the thrice in the chest. Police X was a fully armed and
offender. trained police officer; his training and police work
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would have prepared him for the possible Complex crime of direct assault with murder
hostilities that a person’s impending arrest may or homicide
commit. The previous car chase and accused’s When the assault results in the killing of an agent
refusal to heed police orders should have warned or of a person in authority, there arises the
him of possible violent behavior to evade arrest. complex crime of direct assault with murder or
When a police officer had been forewarned of homicide. (People v Ex-Mayor Carlos Estonilo
brewing violence, he or she could not have been Sr., et al., GR No 201565, October 13, 2014)
completely taken by surprise by the attack. In
such instance, therefore, treachery could not Rules for application of qualifying
have attended the killing. (People v. Pitulan y circumstances
Briones, G.R. No. 226486, January 22, 2020) 1. Murder will exist with only one of the
circumstances; others must be considered as
They hid in a dark portion of the road and generic aggravating.
assaulted Jesus with their bolos while he was 2. When other circumstances are absorbed or
urinating with his back to them. They even held included in one qualifying circumstance, they
him by his shoulders to render him defenseless cannot be considered as generic aggravating
and unable to resist the attack on him by his circumstances.
assailants. Jesus was unaware of the imminent 3. Any of the circumstances must be alleged in
peril to his life and was rendered incapable of order to qualify the crime to murder. If not
defending himself. (People v. Benny Cabtalan, alleged, it will not even be considered as a
G.R. No. 175980, February 15, 2012) generic aggravating circumstance. (Secs. 8
and 9, Rule 110 of the Rules of Court)
Notes (continued):
4. Not enough that superior strength is Outraging or scoffing at the victim or his
present; it must be taken advantage of corpse: additional qualifying circumstance
5. Taking advantage of superior strength also not mentioned in Art. 14
applies when the act is committed on 1. Outraging: to commit an extremely vicious or
occasion of a public calamity. deeply insulting act
6. Armed men must take part in the 2. Scoffing: to jeer; implies a showing of
commission of the crime directly or indirectly.; irreverence
accused must avail himself of their aid or rely
upon them. Jurisprudence:
7. Person who received the price, reward, or [LEONEN] While the court does not condone the
promise is a principal by direct participation; archaic and oftentimes barbaric traditions of the
person who gave such price, reward, or fraternities involved, it is conceded that there are
promise is a principal by induction. BOTH are certain practices that are unique to fraternal
guilty of murder. organizations. It is quite possible that the victims
8. Treachery and premeditation are inherent in knew the identities of their attackers but chose not
murder by poison, and thus, cannot be to disclose it without first conferring with their
considered as aggravating. other fraternity brothers. Seniority is also often
the norm in fraternities. It was upon the advice of
When abuse of superior strength does not the victims’ senior "brods" and their legal counsel
apply that they executed their sworn statements before
The presence of abuse of superior strength the National Bureau of Investigation four (4) days
should not result in qualifying the offense to after the incident. Treachery was present in the
murder when it obtains in the special complex commission of the crime. The victims were eating
crime of robbery with homicide. In such case, it lunch on campus, where there is no reasonable
should be regarded as a generic circumstance. expectation for any sudden attack. They were
(Judge Pimentel Notes, page 220) also unarmed, while the assailants, who
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outnumbered the victims, were armed with Elements: (PAIN) (4)

baseball bats and lead pipes. The swiftness and 1. That a Person was killed;
suddenness of the attack gave no opportunity for 2. That the Accused killed him without any
the victims to retaliate or even to defend justifying circumstances;
themselves. Finally, since there is proven 3. That the accused had the Intention to kill,
conspiracy, the CA erred in distinguishing the which is presumed; and
liabilities of the assailants per the degrees of 4. That the killing was Not attended by any of
seriousness of the injuries suffered by their the qualifying circumstances of murder, or
respectively-assailed victims because the “act of by those of parricide or infanticide
one is the act of all” in crimes with conspiracy.
(People v Feliciano, G.R. No. 196735, May 5, Notes:
2014) 1. Homicide is the unlawful killing of any
person, which is neither parricide, murder, or
[LEONEN] The fact that the wounds sustained by infanticide
the victim were merely superficial and not fatal did 2. Consummated when victim is killed;
not negate the liability of the accused for otherwise, attempted or frustrated
attempted murder. In this case, Mr. Z managed to 3. Presumption of intent to kill
parry an attempted blow, causing a fracture in his a. With respect to crimes of personal
right hand instead of a more serious and possibly violence, the penal law looks particularly
fatal injury on his head. In any case, the fact that to the material results following the
Mr. Z was successful in blocking the blow with his unlawful act and holds the aggressor
hand does not, in and of itself, mean that responsible for all the consequences
respondents could not have possibly killed him. It thereof
does not negate any homicidal intent. It remains b. Evidence of intent to kill is important only
that Mr. X attempted to hit Mr. Z on the head with in attempted or frustrated homicide
a hollow block while Mr. C and Mr. L made efforts - Intent to kill is conclusively presumed
to restrain Mr. Z. (Marasigan y De Guzman v. when the victim dies
Fuentes, G.R. No. 201310, January 11, 2016) - Otherwise, intent to kill must be
proved beyond reasonable doubt
[LEONEN] Victim’s medical certificate belies his • Generally shown by the kind of
claim that he was assaulted. If he were actually weapon used, the parts of the
“relentlessly” assaulted, there would be a greater victim’s body at which it was
chance that he must have been “black and blue aimed, and by the wounds
all over”. The Court cannot be persuaded by the inflicted
claim of perpetration of physical violence in the • But purpose of the accused may
absence of any marked physical injuries on the also be considered
various parts of the victim’s face and body. • The element of intent to kill is
Additionally, he admitted that the injury was incompatible with imprudence or
caused by hitting his head on the pavement rather negligence
than by petitioners’ attack. (Daayata v. People, • No attempted or frustrated
G.R. No. 205745, March 8, 2017.) homicide through imprudence or
negligence; crime would be
Art. 249. Homicide physical injuries through
Any person who, not falling within the provisions reckless imprudence
of Article 246, shall kill another without the • Accidental Homicide is not the
attendance of any of the circumstances same as Homicide through
enumerated in Article 248 imprudence or negligence; no
criminal liability for accidental
homicide
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Accidental Homicide is the death of a person Art. 251. Death Caused in a Tumultuous
brought about by a lawful act performed with Affray
proper care and skill, and without homicidal When, while several persons, not composing
intent. groups organized for the common purpose of
a. If in a game, rules are violated and death assaulting and attacking each other reciprocally,
resulted, the significance of the presence quarrel and assault each other in a confused and
or absence of intent to kill is as follows: tumultuous manner, and in the course of the
b. If there was intent to kill, it is intentional affray someone is killed, and: (a) it cannot be
homicide ascertained who actually killed the deceased, but
c. If there was no intent to kill, it is homicide the person or persons who inflicted serious
through negligence. physical injuries can be identified, or (b) it also
cannot be determined who inflicted serious
4. When two different persons inflicted the physical injuries on the victim, but those who
wounds which caused the death, both are used violence on the person of the victim can be
guilty of homicide. identified
a. The burden to prove otherwise is on each
of the defendants. Elements:
b. Proof of conspiracy is not necessary. 1. That there be several persons;
c. Also applies when it is not shown which 2. That they did not compose groups organized
wounds were inflicted by each person for the common purpose of assaulting and
5. Use of unlicensed firearm in homicide (and in attacking each other reciprocally;
other crimes v persons) is considered an 3. That these several persons quarreled and
aggravating circumstance and not a separate assaulted one another in a confused and
crime. tumultuous manner;
4. That someone was killed in the course of the
Unallowable exculpatory defenses: affray;
1. Refusal of victim to be operated 5. That it cannot be ascertained who actually
2. The fact that suicide by the victim concurs killed the deceased; and
6. That the person or persons who inflicted
Corpus Delicti serious physical injuries or who used violence
In all crimes against persons in which the death can be identified
of the victim is an element of the offense, there
must be satisfactory evidence of: Definition of “Tumultuous”
1. The fact of death, and Tumultuous (as used in Art. 153) means that the
2. The identity of the victim. disturbance is caused by at least four persons
Corpus delicti does not refer to the body of the who are armed or are provided with means of
victim but to the “body of the crime” – the actual violence. There must be no unity of purpose and
commission of the crime charged. intention among the persons who used violence.
Art. 250. Penalty for Frustrated Parricide, Persons liable:

Murder, or Homicide 1. Person or persons who inflicted serious
1. Courts may impose a penalty two physical injuries, if identifiable; or
degrees lower for frustrated parricide, 2. If it is not known who inflicted serious physical
murder or homicide, under Article 50. injuries on the deceased, all persons who
2. Courts may impose a penalty three used violence upon the person of the victim
degrees lower for attempted parricide,
murder or homicide, under Article 51.
3. This rule is permissive—not mandatory Notes:
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1. When there are two identified groups which Art. 253. Giving Assistance to Suicide
assaulted each other, there is no tumultuous Any person who shall assist another to
affray. commit suicide, whether the suicide was
2. The person killed need not be a participant in consummated or not
the affray.
3. Does not apply when the person who inflicted Punishable Acts:
the fatal wound is known; in that case, the 1. Assisting another to commit suicide (that
crime will be homicide under Art. 249 is, only furnishing the person committing
suicide with the means to kill him/herself),
Art. 252. Physical Injuries Inflicted in a whether the suicide is consummated or not;
Tumultuous Affray and
When in a tumultuous affray as referred to in 2. Lending assistance to another to commit
Article 251, only serious or less serious suicide to the extent of doing the killing
physical injuries are inflicted upon the himself
participants and the persons responsible
therefor cannot be identified, but those who Notes:
used violence on the person of the victim can 1. If the suicide is not consummated:
be identified. a. For the first punishable act: punishable
by arresto mayor in its medium and
Elements: maximum periods; and
1. That there is a tumultuous affray as referred b. For the second punishable act: one or
to in the Article 251; two degrees lower than that provided for
2. That a participant or some participants consummated suicide
thereof suffer serious physical injuries or 2. An attempt to commit suicide is an act, but it
physical injuries of a less serious nature only; is not punishable by law. The person so
3. That the persons responsible therefor cannot attempting is not criminally liable.
be identified; and 3. A pregnant woman who tries to commit
4. That all those who appear to have used suicide by means of poisoning herself, but
violence upon the person of the offended instead of dying, the fetus in her womb was
party are known expelled, is not liable for abortion.
a. In order to incur criminal liability for the
Notes: result not intended, one must be
1. Persons liable: only those who used violence committing a felony.
on the person of the offended party b. Unintentional abortion is punishable only
2. Penalty will be one degree lower than that when it is caused by violence, not by
provided for the physical injury inflicted. poisoning oneself (Art. 257).
3. Injured party must be a participant of the 4. Assistance to suicide is different from mercy-
tumultuous affray (as opposed to the killing. Euthanasia or mercy-killing is the
preceding article). practice of painlessly putting to death a
4. If the one who caused physical injuries on the person suffering from some incurable
victim is known, he will be liable for the disease. In this case, the person does not
physical injuries actually committed. want to die. A doctor who resorts to
5. Slight physical injuries are not included. euthanasia may be held liable for murder.
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Art. 254. Discharge of Firearms parent or grandparent, any other relative of

Any person who shall shoot at another with the child, or a stranger
any firearm if the shooting does not amount to
attempted, frustrated, or consummated Elements: (KLA) (3)
murder, homicide, parricide, or any other 1. That a child was Killed;
crime that imposes a higher penalty 2. That the deceased child was Less than three
days (72 hours) of age; and
Elements: (ON) (2) 3. That the Accused killed the child
1. That the Offender discharges a firearm
against or at another person; and Notes:
2. That the offender has No intention to kill that 1. The child must be born alive and can sustain
person. an independent life when it is killed.
a. Burden of proof upon the prosecution
Notes: 2. Penalty is that of either parricide or murder,
1. The offender must shoot at another with any depending on the relationship of the accused
firearm without intention of killing him. with the victim
a. The purpose of the offender may be only 3. Mitigating circumstance of concealing
to intimidate or frighten the offended dishonor
party. a. Applicable only to the mother and
b. If the firearm is not discharged at a maternal grandparents; and
person, the act is not punished under this b. Delinquent mother must be of good
article. reputation
c. A discharge towards the house of the
offended party, not knowing in what part Art. 256. Intentional Abortion
of the house the people inside were, is Willful killing of the fetus in the uterus, or the
only alarm under Art. 155. violent expulsion of the fetus from the maternal
d. It is sufficient that the gun was initially womb which results in the death of the fetus
aimed at or against the offended party,
even if it was not pointed at the offended Elements:
party when it was fired. 1. That there is a pregnant woman;
e. If there was intent to kill, it may be 2. That any of the following is accomplished
frustrated or attempted parricide, murder, a. violence is exerted upon the person of
or homicide. the pregnant woman, or
2. Essential to prove that the discharge of b. drugs or beverages are administered to
firearm was directed precisely against the the woman or other acts done, without
offended party using violence and without the consent of
3. If the illegal discharge inflicts serious or less the, or
serious physical injuries to the offended party, c. drugs or beverages are administered to
there will be a complex crime of illegal the woman or other acts done, with her
discharge of firearm with serious or less consent;
serious physical injuries. 3. That as a result of the use of violence, drugs
or beverages by, or any other act of, the
Section 2. - Infanticide and Abortion accused, the fetus dies, either in the womb or
after having been expelled therefrom; and
Art. 255. Infanticide 4. That the abortion is intended.
Infanticide is the killing of any child less than
three days of age, whether the killer is a
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Notes: Art. 258. Abortion Practiced by the Woman

1. Fetus must die, in consummated abortion; Herself or by Her Parents
otherwise (meaning fetus lives):
a. If there is an intention to abort, frustrated Elements:
intentional abortion; 1. That there is a pregnant woman who has
b. If there is no such intention to abort, suffered an abortion;
physical injuries 2. That the abortion is intended; and
2. The crime is infanticide (as opposed to 3. that the abortion is caused by –
abortion) if the fetus: a. the pregnant woman herself;
a. Could sustain an independent life, after b. any other person, with her consent; or
separation from the womb; and c. particularly by any of her parents, with
b. Dies her consent, for the purpose of
3. The person who intentionally caused the concealing her dishonor
abortion is liable. As for the woman:
a. If she permitted the acts to be done to her, Notes:
she will be liable under Art. 258; 1. Mitigating circumstance (as distinguished
b. otherwise, she is not liable from infanticide): done for the purpose of
concealing dishonor; only applicable to the
Art. 257. Unintentional Abortion pregnant woman and not to the parents of the
Any person who shall cause an abortion by pregnant woman
violence, but unintentionally 2. If the purpose of the woman’s parents was
not to conceal dishonor, they will be liable for
Elements: (4) intentional abortion under Art. 256.
1. That there is a pregnant woman;
2. That violence is used upon such pregnant Art. 259. Abortion Practiced by a Physician
woman without intending an abortion; or Midwife and Dispensing of Abortives
3. That the violence is intentionally exerted; and
4. That as a result of the violence the fetus dies, Elements: (4)
either in the womb or after having been 1. That there is a pregnant woman who has
expelled therefrom suffered an abortion;
2. That the abortion is intended;
Notes: 3. That the offender, who must be a physician or
1. Can only be committed by violence midwife, causes, or assists in causing, the
a. Violence or actual physical force (as abortion; and
opposed to threats or mere administering 4. That said physician or midwife takes
of substance with no intention to commit advantage of his or her scientific knowledge
abortion) must be used or skill
2. Intention may be inferred from the condition
of the pregnant woman (i.e. whether Elements as to Pharmacists: (3)
pregnancy is noticeable) 1. That the offender is a pharmacist;
3. May be committed through imprudence 2. That there is no proper prescription from a
4. May be complexed with homicide and physician; and
parricide 3. That the offender dispenses any abortive
5. If there is no intent to cause abortion and no
violence committed, no abortion of any kind Notes:
1. The taking advantage of scientific knowledge
or skill for the destruction of human life
justifies the imposition of the maximum
penalty.
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2. The significance of knowledge that the Art. 261. Challenging to a Duel

abortive would be used to cause abortion:
a. Without such knowledge, punishable Punishable Acts:
under this article; or 1. Challenging another to a duel;
b. With knowledge, punishable as an 2. Inciting another to give or accept a challenge
accomplice in the crime of abortion to a duel; and
3. Not necessary for the abortive to be actually 3. Scoffing at or decrying another publicly for
used; the act constituting the offense is having refused to accept a challenge to fight
dispensing the abortive without proper a duel
prescription
Persons liable:
Section 3 – Duel 1. Challengers, and
2. Instigators
Art. 260. Responsibility of Participants in a
Duel There must be intention to have a formal duel (as
opposed to light threats under Art. 285, par. 2)
Punishable Acts:
1. Killing one’s adversary in a duel; Chapter 2: Physical Injuries
2. Inflicting upon such adversary physical
injuries; and Crimes Punishable:
3. Making a combat although no physical 1. Mutilation;
injuries have been inflicted by either 2. Serious physical injuries;
combatant on the other 3. Administering injurious substance or
beverages;
Persons liable: 4. Less serious physical injuries; and
1. Principals – person who killed, or inflicted 5. Slight physical injuries and maltreatment.
physical injuries upon, his adversary, or both
combatants, in any other cases Note: To be found guilty of violation of Articles 262
2. Accomplices – seconds (person who make to 266, there must be a specific malicious intent
the selection of the arms and fix the other to do wrong against the physical integrity or
conditions of the fight) well-being of a person, so as to incapacitate
and deprive the victim of certain bodily
Notes: functions. (Villa v Manual Lorenzo Escalona II,
1. A duel is a formal or regular combat et. al, GR No 178057 & 178080, December 1,
previously concerted between two parties in 2014) – animus iniuriandi
the presence of two or more seconds of
lawful age on each side, who make the Art. 262. Mutilation
selection of arms and fix all the other Any person who shall intentionally mutilate
conditions of the fight. another by depriving him, either totally or
2. Intent to kill is disregarded where only partially, of some essential organ of
physical injuries result. Penalty will be that for reproduction
physical injuries only, as opposed to those
imposed for frustrated/attempted homicide. Two (2) Kinds:
(2nd paragraph of the provision) 1. Castration: Intentionally mutilating another
by depriving him, totally or partially, of some
essential organ for reproduction
2. Mayhem or other intentional mutilation:
Intentionally making other mutilation, i.e.
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lopping, clipping off any part of the body of c. becomes incapacitated for the work in
the offended party, other than the essential which he had been habitually engaged;
organ for reproduction, to deprive him of that 3. When the injured person –
part of his body a. becomes deformed,
There must be intent to mutilate – offender must b. loses any other member of his body,
have the intention of depriving the offended party c. loses the use thereof, or
of a part of his body. If there’s no such intention, d. becomes ill or incapacitated for the
the crime will be considered as serious physical performance of the work in which he had
injuries. been habitually engaged in for more than
90 days; and
Physical Injuries distinguished from other 4. When the injured person becomes ill or
crimes incapacitated for labor for more than 30 days
1. Attempted or Frustrated Homicide (but not more than 90 days).
a. Attempted homicide may be committed,
even if no physical injuries are inflicted; Paragraph 1
and 1. Impotency includes inability to copulate and
b. Intent to kill is not present in the crime of sterility; no intent to deprive the person of
physical injuries. such abilities, however (as opposed to
2. Mutilation castration); and
a. Intention to lop or clip off some part of the 2. Complete blindness (as opposed to
body is present in mutilation. paragraph 2 – loss of an eye only)
Art. 263. Serious Physical Injuries Paragraph 2 (mentions principal members of the
How committed: body)
1. Wounding; 1. Loss of power to hear of both ears (as
2. Beating; or opposed to paragraph 3 – loss of one ear
3. Assaulting only);
2. Loss of use of hand or incapacity for usual
Elements: (3) work must be permanent; This must be
1. The offender has wounded, beaten, proven by clear and conclusive evidence;
assaulted another; 3. The offended party must have an avocation
2. The physical injuries inflicted shall have or work at the time of the injury [also in
caused the illness or incapacity for labor of paragraph (3)];
the injured person for more than 30 days; a. Work includes studies or preparation for
3. There must be no intent to kill on the part of a profession; and
the offender in inflicting the injury (Pilares Sr. b. Incapacity is for a certain kind of work
vs. People, GR No 165685, March 12, 2007) only, but not for all
Serious Physical Injuries Are: Paragraph 3

1. When the injured person becomes insane, 1. Deformity means physical ugliness, or
imbecile, impotent or blind as a consequence permanent and defining abnormality. It must
of the physical injuries inflicted; be conspicuous and visible (i.e., depending
2. When the injured person – on what part of the body);
a. loses the use of speech or the power to a. If scar is usually covered, then it’s not
hear or to smell, considered conspicuous or visible;
b. loses an eye, a hand, foot, arm or leg, or b. Loss of teeth may be considered as
loses the use of any such member, deformity;
c. Injury must be that which cannot be
repaired by the action of nature;
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EXCEPTIONS: old men/women and intelligence in an intentional felony. The

children;(Reyes, Book Two, p. 586, citing commission of the act does not, in itself,
People v. Balubar) make a man guilty unless his intentions are.
2. Loss of fingers may fall under paragraph 2 if (Villareal v. People, G.R. No. 151258,
it results in the loss of the use of the hand February 1, 2012)
itself; and
3. Covers any member which is not a principal Art. 264. Administering Injurious Substances
member of the body. or Beverages
Any person who, without intent to kill, inflicts
Paragraph 4 upon another any serious physical injury, by
1. Any kind of labor is included; knowingly administering to him any injurious
2. Hospitalization for more than 30 days may substances or beverages or by taking
mean either illness or incapacity for labor for advantage of his weakness of mind or credulity
more than 30 days;
3. There must be evidence of the length of Elements:
period of illness or incapacity when the 1. That the offender inflicted upon another
category of the offense is serious physical person any Serious physical injury;
injuries. The absence thereof makes the 2. That it was done by Knowingly administering
offense only slight physical injuries; and to him any injurious substances or beverages
4. Lessening of efficiency in work is not or by taking advantage of his weakness of
incapacity. mind or credulity; and
3. He had No intent to kill
Qualified Serious Physical Injuries
1. In relation to persons enumerated in parricide Notes:
(Art. 246) and circumstances mentioned in 1. Administering means introducing into the
murder (Art. 248) – higher penalties will be body.
inflicted. 2. If there is intent to kill, it is frustrated murder
2. Does not include injuries caused by – the injurious substance to be considered as
excessive chastisement of a parent upon his poison.
child 3. Knowledge applies to the injurious nature of
the substance or beverage.
Notes: 4. “By taking advantage of his weakness of
1. It can be committed by reckless imprudence, mind or credulity” may take place in the case
or by simple imprudence or negligence. of witchcraft, philters, magnetism and the like.
2. There must be no intent to kill; otherwise, the
crime would be frustrated/attempted murder, Art. 265. Less Serious Physical Injuries
parricide, or homicide. Any person who shall inflict upon another
3. Medical attendance is not important in physical injuries not described in the preceding
serious physical injuries. articles, but which shall incapacitate the
4. In case of physical injuries under the Revised offended party for labor for ten days or more, or
Penal Code, there must be a specific animus shall require medical attendance for the same
iniuriandi or malicious intention to do wrong period, shall be guilty of less serious physical
against the physical integrity or well-being of injuries
a person so as to incapacitate and deprive
the victim of certain bodily functions. Without Elements: (I-NP) (2)
proof beyond reasonable doubt of the 1. That the offended party is Incapacitated for
required animus iniuriandi, the overt act of labor or needs medical attendance for 10
inflicting physical injuries per se merely
satisfies the elements of freedom and
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days or more (but not more than 30 days); 2. Physical injuries which did not prevent the
and offended party from engaging in his habitual
2. That the physical injuries must Not be those work or which did not require medical
described in the Preceding articles attendance (ex. black eye); and
3. Ill-treatment of another by deed without
Qualified Less Serious Physical Injuries causing any injury (ex. slapping the face
1. Fine not exceeding ₱50,000, in addition to without causing dishonor)
Arresto Mayor (Amended by RA 10951), Notes:
when 1. Presumption
a. There is a manifest intent to insult or a. In the absence of proof as to the period
offend the injured person, or of the offended party’s incapacity for
b. There are circumstances adding labor or of the required medical
ignominy to the offense attendance, the crime committed is
presumed as slight physical injuries.
[a. and b. are considered as - b. When there is no evidence to establish
1. Ordinary aggravating circumstances in the gravity or duration of actual injury or
less serious physical injuries; and to show the causal relationship to death,
2. Elements of slander by deed, when the offense is slight physical injuries.
only slight physical injuries result] 2. Supervening Event
a. When the charge contained in the
2. A higher penalty, when the victim is either - information filed was for slight physical
a. The offender’s parents, ascendants, injuries because it was believed that the
guardians, curators or teachers; or wound suffered would require medical
b. Persons of rank or persons in authority, attendance for eight (8) days only, but
provided the crime is not direct assault during preliminary investigation it was
Notes: found that the healing would require
1. Medical attendance or incapacity for labor is more than thirty (30) days, this
required. There must be proof as to the supervening event can still be the subject
period of required medical attendance. of amendment of the information or of a
2. Even if there was no incapacity but the new charge, without placing the accused
medical treatment was for more than 10 days in double jeopardy .(People v. Manolong,
- less serious physical injuries 85 Phil. 829)
3. If injuries heal within 30 days - less serious
physical injuries; Chapter 3: Rape
if injuries heal only after 30 days - serious
physical injuries (as illness for more than 30 Art. 266-A. Rape; 266-B. Penalties
days)
4. When there is no incapacity for labor or Rape By Sexual Intercourse (Under Para. 1):
medical attendance needed - slight physical Elements of Rape By Sexual Intercourse (M-
injuries C-A) (3)
1. The offender is a Man – in general;
Art. 266. Slight Physical Injuries and 2. The offender had Carnal knowledge of a
Maltreatment woman;
3. Such Act is accomplished (any one of the
Three (3) kinds: following) -: FIT-D-M-U (4)
1. Physical injuries which incapacitated the a. Through Force, Threat or Intimidation;
offended party for labor from one to nine (9) b. when the offended party is Deprived of
days or required medical attendance during reason or otherwise unconscious;
the same period;
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c. by means of fraudulent Machination or e. victim is a religious engaged in legitimate

grave abuse of authority; or religious vocation or calling and is
d. when the offended party is Under 12 personally known to be such by the
years of age (statutory rape) or is offender before or at the time of the
demented, even though none of the commission of the crime;
circumstances mentioned above be f. victim is a child below 7 years old;
present g. offender knows he is afflicted with HIV or
AIDS or any other sexually transmissible
Penalties imposed on Rape By Sexual disease and the virus is transmitted to the
Intercourse (Pursuant to R.A. 9346: Act victim;
Prohibiting the Imposition of Death Penalty in the h. offender is a member of the AFP, or para-
Philippines, the penalty of reclusion perpetua military units thereof, or the PNP, or any
without eligibility for parole shall be imposed, in law enforcement agency or penal
lieu of death penalty) institution, when the offender took
1. reclusion perpetua; advantage of his position to facilitate the
2. reclusion perpetua to death when: commission of the crime;
a. rape is committed with the use of a i. by reason or on occasion of the rape, the
deadly weapon or by two or more victim suffered permanent physical
persons; or mutilation or disability;
b. victim became insane by reason or on the j. the offender knew of the pregnancy of the
occasion of rape; or offended party at the time of the
c. the rape is attempted and a homicide is commission of the crime; and
committed by reason or on the occasion k. the offender knew of the mental disability,
thereof. emotional disorder and/or physical
3. death when: handicap of the offended party at the time
a. by reason or on occasion of the of the commission of the crime
(frustrated or consummated) rape,
homicide is committed; Rape Through Sexual Assault (Under Para. 2)
b. victim is under 18 years old and offender Elements: (S-I-1) (3)
is: 1. the offender (man or woman) commits an act
i. parent, of Sexual assault;
ii. ascendant, 2. the act is committed by Inserting:
iii. step-parent, a. his penis into another person's mouth or
iv. guardian – must be a person who anal orifice; or
has a legal relationship with his ward. b. any instrument or object into the genital
(People v Virgilio Antonio y Rivera, or anal orifice of another person;
GR No. 208623, July 23, 2014), 3. the act is committed under any of the
v. relative by consanguinity or affinity circumstances mentioned under paragraph 1
within the 3rd civil degree, (FIT-D-M-U)
vi. common law spouse of victim’s
parent; Penalties imposed on Rape by Sexual Assault
c. victim is under the custody of the police 1. Prision mayor – in general;
or military authorities or any law 2. Prision mayor to reclusion temporal when:
enforcement or penal institution; a. there was use of deadly weapon, or
d. rape is committed in full view of the b. committed by two or more persons;
spouse, parent or any of the children or 3. Reclusion temporal – when the victim has
other relatives within the 3rd civil degree become insane;
of consanguinity; 4. Reclusion temporal to reclusion perpetua –
rape is attempted and homicide is committed;
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5. Reclusion perpetua – homicide is committed g. [LEONEN] The abuse of moral influence

by reason or on occasion of (the frustrated or is the intimidation required in rape
consummated) rape; and committed by the common-law father of a
6. Reclusion temporal – committed with any of minor. (People v. ZZZ, G.R. No. 229862,
the ten aggravating circumstances June 19, 2019)
mentioned in this article (letters b. to k. of h. [LEONEN] The victim need not complain
when death is imposed in rape through immediately or struggle to oppose the
sexual intercourse) action of the offender in a rape case,
since, first, fear is recognized as a
The four circumstances: legitimate deterrent for struggling
1. Using force or intimidation; the degree against, and that (second), since he was
sufficient to overcome resistance: the common law father of the victim, he
a. According to People v. Las Piñas, Jr. had moral ascendancy and abused his
(G.R. No. 133444, February 20, 2002), authority by doing such action. (People v.
the test is whether reasonable fear is Gacusan, G.R. 207776, April 26, 2017)
produced in the mind of the victim; where i. Intimidation is addressed to the mind of
resistance would be futile, offering none the victim. It is subjective and its
at all does not amount to consent. presence cannot be tested by any hard-
b. Verbal refusal alone will not do; there and-fast rule, but must be viewed in the
must be a physical struggle that’s light of the victim’s perception and
manifest and tenacious. (People v. Lago, judgment at the time of the crime.
G.R. No. 121272, June 6, 2001) (People. v Mostrales, GR No 125937,
c. The force need not be irresistible; force August 28, 1998).
or violence necessary is relative, 2. Offended party is deprived of reason or
depending on the age, size, and strength otherwise unconscious:
of the parties and their relation to each a. Deprivation need not be complete;
other. b. Intercourse with a deaf-mute woman will
d. It is not necessary that the force or only be considered rape if she’s also
intimidation employed be so great or of proven to be an imbecile.
such character as could not be resisted; c. Not considered rape where consent is
it is only necessary that the force or induced by the administration of
intimidation be sufficient to consummate drugs/liquor, which incites the victim’s
the purpose which the accused had in passions and doesn’t deprive her of will
mind. power (Reyes, Book Two, p. 586, citing
e. Intimidation – enough that it produces State v. Lung)
fear in the victim; must be viewed in light 3. By means of fraudulent machination or grave
of the victim’s perception and judgment at abuse of authority; and
the time of rape. 4. When the offended party is under 12 years of
f. Moral ascendancy or influence has been age or is demented, even though none of the
held to be a substitute for intimidation, in other circumstances be present (Statutory
a long line of cases. [People v. Dichoson, rape).
G.R. No. 118986-89, February 19, 2001; a. Consent and character (e.g. prostitute) of
People v. Bazona, G.R. No. 133343-44, the offended party is immaterial.
March 2, 2000; People v. Panique, 316 b. [LEONEN] It is also called statutory rape
SCRA 757 (1999); People v. Perez, 307 as "it departs from the usual modes of
SCRA 276 (1999)] In such a case, it is not committing rape." It is enough that the
necessary that the victim put up a age of the victim is proven and that there
determined resistance. was sexual intercourse. (People v.
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Francica, G.R. No. 208625, September carnal knowledge of the offended party,
6, 2017) but which was not consummated due to
c. It is immaterial that the prosecution failed some cause or accident other than his
to allege in the information the exact date own spontaneous desistance.
of the commission of the offenses. It is b. There must be intent to have carnal
sufficient that it was alleged that the knowledge of the woman against her will.
victim was under 12 years of age when c. There can be no frustrated rape because
the crime was committed. (People v any penetration of the female organ is
Marciano Dollano, Jr., GR No 188851, sufficient.
October 19, 2011)
d. The term “demented” refers to a person Notes:
who has dementia, which is a condition 1. Homicide committed “by reason of” (i.e., “in
of deteriorated mentality, characterized the course of” or “because of”) rape is a
by marked decline from the individual’s special complex crime.
former intellectual level and often by a. Rape must come before intent to kill or
emotional apathy, madness, or insanity. act of killing.
e. [LEONEN] The offender engaged in b. Does not apply when the intent to kill or
sexual intercourse even though he knew killing act preceded the rape act (i.e.,
fully well that the child was mentally ill when victim was on the point of death
and was deprived of reason. (People v. when she was ravaged).
Corpuz, G.R. No. 208013, July 3, 2017) c. Includes death of victim through STD
f. [LEONEN] Conditions under Article 266- given by the accused who raped her.
A should be construed in the light of one's (Reyes, Book Two, p.592)
capacity to give consent. An intellectually 2. Homicide committed "on the occasion of the
disabled person is not necessarily rape" - killing that occurs immediately before
deprived of reason or demented. The or after, or during the commission itself of the
victim’s chronological age might be over rape, where the victim of the homicide may
12 years old but her mental age was be a person other than the rape victim herself
proved to be lower than 12-years-old. for as long as the killing is linked to the rape.
(People v. Tayaban, G.R. No. 207666, 3. [LEONEN] The elements of the special
November 22, 2017). complex crime of rape with homicide are
the following:
Two stages: (Rape does not admit of a frustrated a. the appellant had carnal knowledge of a
stage) woman;
1. Consummated b. the carnal knowledge of a woman was
a. Penetration is necessary; achieved by means of force, threat or
b. It is not essential that there be a complete intimidation; and
penetration of the female organ; neither c. by reason or on occasion of such carnal
is it essential that there be a rupture of knowledge by means of force, threat or
the hymen. intimidation, the appellant killed a
c. It is enough that the labia majora be woman. (People v. ZZZ, G.R. No.
penetrated, even the slightest. 228828, July 24, 2019)
d. The penis need not be erect; it is still 4. Character of the woman is immaterial.
considered rape if the accused 5. Testimony of victim alone is enough for
repeatedly tried to insert the penis in the conviction.
vagina, even if in vain. a. [LEONEN] The victim was able to
2. Attempted recount her experience in a
a. The offender has already performed straightforward, spontaneous, and
overt acts with the intention to have believable manner, regardless of her
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mental condition, as this doesn’t the offender, both of which much be alleged
determine whether her testimony is in the information, regardless if the
credible or not. (People v. Quintos, G.R. relationship was proven during trial. (People
No. 199402, November 12, 2014). v. Armodia, G.R. 210654, June 7, 2017)
6. Fingers – count as "objects" under rape 10. Sweetheart defense is an affirmative defense
through sexual assault that must be supported by convincing proof.
7. Indemnity and Damages Evidence such as a love letter, a memento, or
a. Awarding of Php50,000 as indemnity is even a single photograph to substantiate the
mandatory upon finding of the fact of claim that they had a romantic relationship
rape; and should be presented.
b. Moral damages may be automatically 11. Each of the penetrations constitute separate
awarded in rape cases without need of and distinct acts of rape. However, in Aaron
proof. (2002), the Court convicted the accused for
8. Multiple Rape only one count of rape despite the three
a. Each offender is responsible not only for successful penetrations because there was
the rape he personally committed, but no indication that the accused decided to
also for those committed by the others. commit separate and distinct acts of sexual
b. Each and every rape alleged must be assault other than his lustful desire to change
proven. positions inside the room where the crime
c. In the case of People v Aaron, the was committed.
accused inserted his penis into the 12. The act of cunnilingus or insertion of the
victim's vagina; he then withdrew it and tongue to the vagina of a woman is rape
ordered the latter to lie down on the floor, through sexual assault. (People v Bonaagua,
and for the second time, he inserted his GR No 188897, June 6, 2011)
penis into the victim’s vagina; thereafter, 13. A medical examination of the victim is not an
the accused commanded the victim to lie element of rape. (People v Rico Jamlan
near the headboard and for the third time, Salem, GR No 118946, October 16, 1997)
he inserted his penis into the victim’s 14. [LEONEN] In rape cases, impotency as a
vagina. The accused was convicted for defense must be proven with certainty to
only one count of rape despite the three overcome the presumption in favor of
successful penetrations because there is potency (People v. ZZZ, G.R. No. 229209,
no indication that the accused decided to February 12, 2020).
commit separate and distinct acts of 15. [LEONEN] The absence of external signs or
sexual assault. There was only a lustful physical injuries on the complainant’s body
desire to change positions. doesn’t necessarily negative commission of
d. In the case of People v Manolito Lucena the rape, hymenal laceration not being, to
y Velasquez, the accused succeeded in repeat, an element of the crime of rape.
inserting his penis into the victim's (People v. Buclao, G.R. No. 208173, June 11,
vagina. The three penetrations occurred 2014) The foremost consideration in the
one after the other at an interval of five prosecution of rape is the victim's testimony
minutes wherein the accused would rest. and not the findings of the medico-legal
From this set of facts, the accused was officer. (People v. Austria, G.R. No. 210568,
convicted of three counts of rape as it can November 08, 2017)
be inferred that the accused decided to 16. [LEONEN] The Court previously held, in
commit those separate and distinct acts People v. Soria, that a victim need not identify
of sexual assault. what was inserted into his or her genital or
9. [LEONEN] Qualified rape has twin anal orifice for the court to find that rape
requisites—(1) the victim's age of minority through sexual assault was committed.
(under 18 years) and (2) the relationship of
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(Ricalde v. People, G.R. No. 211002, January Art. 266-D. Presumptions

21, 2015)
Evidence which may be accepted
Guiding Principles in the crime of Rape 1. Any physical overt act manifesting resistance
(People v Ayade, GR No 188561, January 15, against the act of rape in any degree from the
2010): offended party
1. An accusation of rape can be made with 2. Circumstances showing the offended party to
facility; while the accusation is difficult to be so situated as to render him/her incapable
prove, it is even more difficult for the accused, of giving consent.
though innocent, to disprove.
2. Considering that, in the nature of things, only Please see SPL reviewer on:
two persons are usually involved in the crime 1. R.A. 9262 Anti – Violence Against Women
of rape, the testimony of the complainant and Children Act
must be scrutinized with extreme caution. 2. R.A. 9775 Anti – Child Pornography Act of
3. The evidence for the prosecution must stand 2009
or fall on its own merits, and cannot be 3. R.A. 8049 Anti-Hazing Law
allowed to draw strength from the weakness 4. R.A. 7610 Special Protection of Children
of the evidence for the defense. Against Child Abuse, Exploitation And
Discrimination Act
Art. 266-C. Effect of Pardon. Effect of Marriage 5. R.A. 9344 Juvenile Justice And Welfare Act
of 2006
Notes: 6. P.D. 603 Child And Youth Welfare Code
1. Marriage extinguishes not only the penal
action but likewise the penalty imposed, and ———— end of topic ————
only as to the principal. Since rape has
ceased to be a crime against chastity and is H. CRIMES AGAINST PERSONAL LIBERTY
now a crime against persons, it now appears AND SECURITY
that marriage extinguishes that penal action Chapter 1: Crimes against Liberty
and the penalty only as to the principal (i.e.,
husband) and not as to the accomplices and Section 1. Illegal Detention
accessories.
2. A man who penetrates his wife without her Article 267. Kidnapping and Serious Illegal
consent or against her will commits sexual Detention
violence against her. xxx Besides, a husband Any private individual who shall kidnap or
who feels aggrieved by his indifferent or detain another, or in any other manner deprive
uninterested wife’s absolute refusal to him of his liberty
engage in sexual intimacy may legally seek
the court’s intervention to declare her
Elements: (P-K-I-F) (4)
psychologically incapacitated to fulfill an
1. That the offender is a Private individual;
essential martial obligation. But he cannot
2. That he Kidnaps or detains another, or in any
and should not demand sexual intimacy from
other manner deprives the latter of liberty;
her coercively or violently. (People v
3. That the act of detention or kidnapping must
Jumawan, GR No 187495, April 21, 2014)
be Illegal; and
4. That in the commission of the offense, any of
the following circumstances are present (3-S-
S-M)
a. The kidnapping/detention lasts for more than
3 days, or
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b. committed by Simulating public authority, or the four circumstances enumerated in

c. any Serious physical injuries are inflicted element (4) are present.
upon the person kidnapped or detained 5. [LEONEN] The elements of kidnapping for
or threats to kill him are made, or ransom were met in this case.
d. the person kidnapped or detained is a Minor a. The accused are private persons,
(except if parent is the offender), female b. The person kidnapped is deprived of
or a public officer liberty,
If any of these are present, detention c. That person was taken or detained
becomes serious and purpose of detention is against his/her will,
immaterial d. such kidnapping was illegal or unlawful,
and
Death is imposed in the following instances: e. the kidnapping was done in consideration
[but death penalty imposition is suspended] of a ransom or a payment of release.
1. if kidnapping is committed for the purpose of (People v. Avancena, G.R. 200512, June
extorting ransom either from the victim or from 7, 2017)
any other person, even if none of the 6. Essential that there be actual confinement or
aforementioned circumstances are present in restriction of the person of the offended party
the commission of the offense; and 7. Detention is illegal when not ordered by
2. when the victim is killed or dies as a competent authority or not permitted by law.
consequence of the detention or is raped or 8. Detention for more than 3 days not necessary
is subjected to torture or dehumanizing acts when any of the other circumstances are
present
Notes: 9. Special complex crime of kidnapping with
1. It is true that for kidnapping to take place, it is murder or homicide – where the person
not necessary that the victim be placed in an kidnapped is killed in the course of the
enclosure; neither is it necessary that the detention, regardless of whether the killing
detention be prolonged or permanent. was purposely sought or was merely an
However, the essence of kidnapping is the afterthought.
actual deprivation of the victim's liberty 10. When a person died of natural causes (heart
coupled with indubitable proof of the intent of attack) on the occasion of kidnapping, the
the accused to effect such deprivation. kidnappers are guilty of kidnapping with
(People v. Obeso,G.R. No. 152285, October homicide. (People v. Montanir, G.R. No.
24, 2003) 187534, April 4, 2011)
2. The victim’s lack of consent is also a 11. When murder and not kidnapping –
fundamental element of kidnapping and a. when the victim is taken from one place
serious illegal detention. The involuntariness to another solely for the purpose of killing
of the seizure and detention is the very him, the crime committed is murder.
essence of the crime. Although the victim b. If primary and ultimate purpose is to kill,
may have inceptually consented to go with and detention was only incidental.
the offender to a place but the victim is c. Specific intent is determinative of
thereafter prevented, with the use of force, whether the crime committed is murder
from leaving the place where he was brought or kidnapping.
to with his consent and is detained against his d. Must be alleged in information and
will, the offender is guilty of kidnapping and proven by prosecution.
serious illegal detention. (People v. Pickrell 12. [LEONEN] RA 7055, Sec. 1 provides that if
G.R. No. 120409, October 23, 2003) the accused is a member of the AFP and the
3. Actual demand for ransom is not necessary. crime involved is one punished under the
4. When detention is for purpose of extorting RPC, civil courts shall have the authority to
ransom, it is not necessary that one or any of hear, try, and decide the case. Exception:
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courts-martial may assume jurisdiction if, he furnishes the place for the perpetuation of
before arraignment, the civil court determines the detention;
that the offense is "service-connected." 3. That the act of detention or kidnapping must
(Osorio v. Navera, G.R. No. 223272 be Illegal; and
(Resolution), February 26, 2018) 4. That the crime is committed Without the
13. [LEONEN] Although the crime of kidnapping attendance of any of the circumstances
can only be committed by a private individual, enumerated in Art. 267
the fact that the accused is a public official Privileged Mitigating Circumstance (Voluntary
does not automatically preclude the filing of Release): If the offender:
an information for kidnapping against him. A 1. voluntarily releases the person so kidnapped
public officer who detains a person for the or detained within 3 days from the
purpose of extorting ransom cannot be said commencement of the detention;
to be acting in an official capacity. It is not, in 2. without having attained the purpose
fine, in relation to their office, but in purely intended; and
private capacity. (People v. Borja, G.R. No. 3. before the institution of criminal proceedings
199710, August 2, 2017) against him
Illegal Detention and Arbitrary Detention, Notes on voluntary release:

Distinguished 1. The three requisites must concur.
ILLEGAL   ARBITRARY 2. Must be shown by the offender that he was in
DETENTION DETENTION a position to prolong the detention for more
Committed by a Committed by a than 3 days and yet he released the person
private individual who public officer or detained w/in that time
unlawfully kidnaps, employee who has 3. Voluntary release not considered privileged
detains or otherwise duty under law to mitigating if the victim is a woman
deprives a person of detain a person but (considered serious illegal detention)
liberty who detains a person
without legal ground Art. 269. Unlawful Arrest
Crime is against Crime is against the Any person who, in any case other than those
personal liberty and fundamental law of authorized by law, or without reasonable
security the State ground therefor, shall arrest or detain another
for the purpose of delivering him to the proper
However, if such public officer has no duty to authorities
detain a person (e.g. sanitary inspector or clerk)
and he detains a person, he is liable for Illegal Elements: (AD-A-N) (3)
Detention. 1. That the offender Arrests or Detains another
person;
Art. 268. Slight Illegal Detention 2. That the purpose of the offender is to deliver
Any private individual who shall commit the him to the proper Authorities; and
crimes described in Article 267 without the 3. That the arrest or detention is Not authorized
attendance of any of the circumstances by law or there is no reasonable ground
enumerated therein therefor.
Notes:
Elements: (P-W-D-I) (4)
1. Offender is any person. Either a public officer
1. That the offender is a Private person;
or private individual may be liable.
2. That he kidnaps or Detains another or in any
2. Public officer either:
other manner deprives the victim of liberty or
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a. has no authority to arrest or detain a Elements: (E-D) (2)

person or 1. That the offender is Entrusted with the
b. has not acted in his official capacity custody of a minor person; and
3. Arrest/ detention refers to warrantless 2. That he Deliberately fails to restore the said
arrests. minor to his parents
Unlawful Arrest and Arbitrary Detention,
Distinguished Notes:
UNLAWFUL   ARBITRARY 1. This may also be committed by the mother or
ARREST DETENTION father of the child. When committed by a
Committed by any Committed by a parent, penalty is arresto mayor.
person public officer or 2. Essential element which qualifies the crime:
employee who has offender is entrusted with the custody of the
duty under law to minor
detain a person
Arrest made for the same purpose as for Kidnapping & Failure to Return a minor and
purpose of delivering unlawful arrest Kidnapping & Serious Illegal Detention  (Art.
the latter to the proper 267), Distinguished
authorities KIDNAPPING AND KIDNAPPING AND
The arrest is not There is no legal FAILURE TO SERIOUS ILLEGAL
authorized by law or ground for the arrest RETURN A MINOR DETENTION
there is no legal Offender is entrusted Offender is not
ground for the arrest with the custody of entrusted with the
the victim custody of the victim
[LEONEN] X and Y were respectively Barangay Offender punished for Offender punished for
Kagawad and Barangay Tanod. Spotting the deliberately failing to outright taking
members of Cooperative Z, X and Y thought a restore the minor to “custody” of/detaining
theft was being committed. They further claim that his/her the minor
one of the members had a violent outburst, which parents/guardian
prompted them to take the members to the police
station. The members were subsequently Art. 271. Inducing a Minor to Abandon his
released with the Chief of Police determining that Home
X and Y had no legal basis to make the arrest. X Anyone who shall induce a minor to abandon
and Y are guilty of unlawful arrest. The act of the home of his parents or guardians or the
conducting the apprehended persons to the persons entrusted with his custody
proper authorities takes the offense out of the
crime of illegal detention. (Duropan v. People, Elements: (L-I) (2)
G.R. No. 230825, June 10, 2020) 1. That the minor is Living in the home of his
parents or guardians or the person entrusted
Section 2. Kidnapping of Minors with his custody; and
2. That the offender Induces the minor to
Art. 270. Kidnapping and Failure to Return A abandon such home
Minor
Any person who, being entrusted with the Notes:
custody of a minor person, shall deliberately 1. Inducement must be actual, committed with
fail to restore the latter to his parents or criminal intent, and determined by a will to
guardians cause damage.
2. The minor should not leave his home of his
own free will.
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3. “To induce” is to influence, to prevail on, to 3. That it is under the Pretext of reimbursing
move by persuasion, to incite by motives. himself of a debt incurred by an ascendant,
4. The minor need not actually abandon his guardian or person entrusted with the
home or the home of the guardian. Mere custody of such minor
commission of any act which tends to
influence, persuade or prevail on a minor to Note:
abandon his home is what constitutes the Indebtedness is not a ground for detention.
crime.
5. Mitigated if committed by the father or mother Art. 274. Services Rendered Under
of the victim – applies to Arts. 270 and 271 Compulsion in Payment of Debt
Any person who, in order to require or enforce
Section 3. Slavery and Servitude the payment of a debt, shall compel the debtor
to work for him, against his will, as household
Art. 272. Slavery servant or farm laborer
Anyone who shall purchase, sell, kidnap or
detain a human being for the purpose of Elements: (C-A-P) (3)
enslaving him, including but not limited to for 1. That the offender Compels a debtor to work
purposes of assigning the offended party to for him, either as household servant or farm
some immoral traffic laborer;
2. That it is Against the debtor’s will; and
Elements: (PSKD-E) (2) 3. That the Purpose is to require or enforce the
1. That the offender Purchases, Sells, Kidnaps payment of a debt.
or Detains a human being; and
2. That the purpose of the offender is to Enslave Note:
such human being. Debtor-Creditor relationship must exist;
otherwise, the crime committed is coercion.
Qualifying circumstance – if the purpose is
some immoral traffic (ex. Prostitution); effect is to Services rendered under compulsion in
impose the penalty in the maximum period. payment of debt and Exploitation of Child
Notes: Labor, Distinguished
1. The purpose must be to enslave the victim; SERVICES
otherwise, it is kidnapping or illegal detention. RENDERED UNDER EXPLOITATION OF
2. Slavery – providing services without COMPULSION IN CHILD LABOR
remuneration whatsoever. (Reyes v. Alojado, PAYMENT OF DEBT
G.R. No. L-5671, August 24, 1910) Does not distinguish
whether the victim is a Victim is a minor
Art. 273. Exploitation of Child Labor minor or not
Anyone who, under the pretext of reimbursing Minor is compelled to
himself of a debt incurred by an ascendant, render services to the
guardian or person entrusted with the custody Debtor is compelled offender for
of a minor, shall, against the latter's will, retain to work for offender reimbursement of
him in his service debt of
parent/guardian
Elements: (R-A-P) (3) Work limited to Service not limited to
1. That the offender Retains a minor in his household and farm household and farm
service; work work
2. That it is Against the will of the minor; and
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Chapter 2: Crimes against Security wounded and does not render him assistance,
that person is not liable under this article but is
Section 1. Abandonment of Helpless Persons liable for the crime resulting from the stabbing or
and Exploitation of Minors shooting.
Art. 275. Abandonment of Person in Danger “By failing to deliver a child under 7 whom the
and Abandonment of One’s Own Victim offender has found abandoned, to the
Punishable Acts: authorities or to his family, or by failing to take
1. Anyone who fails to render assistance to him to a safe place (may be applied to a lost
any person whom he (the offender) finds child)”
in an uninhabited place wounded or in
danger of dying, when he can render Notes:
such assistance without detriment to 1. It is immaterial that the offender did not know
himself, unless such omission shall that the child is under seven years.
constitute a more serious offense 2. The child under seven years of age must be
2. Anyone who fails to help or render found by the accused in an unsafe place.
assistance to another whom he (the
offender) has accidentally wounded or Art. 276. Abandoning a Minor
injured Anyone who shall abandon a child under
3. Anyone who fails to deliver a child under seven (7) years of age, the custody of which
seven years of age whom he (the is incumbent upon him
offender) has found abandoned, to the
authorities or to his family or to take him Elements: (C-7-A-N) (4)
to a safe place 1. That the offender has the Custody of a child;
2. That the child is Under 7 years of age;
“By failing to render assistance to any person 3. That he Abandons such child; and
whom the offender finds in an uninhabited 4. That he has No intent to kill the child when
place wounded or in danger of dying, when he the latter is abandoned.
can render such assistance without detriment
to himself, unless such omission shall Notes:
constitute a more serious offense” 1. Abandonment must be conscious, deliberate,
and permanent.
Elements: (N-W-R-F) (4) 2. Parents guilty of abandoning their children
1. That place is Not inhabited; shall be deprived of parental authority.
2. The accused found there a person Wounded 3. Intent to kill cannot be presumed from the
or in danger of dying; death of the child. Such a presumption
3. The accused can Render assistance without applies only to crimes against persons, not to
detriment to himself; and crimes against security.
4. The accused Fails to render assistance
Art. 277. Abandonment of Minor by Person
“By failing to help or render assistance to Entrusted with His Custody; Indifference of
another whom the offender has accidentally Parents
wounded or injured” Anyone who, having charge of the rearing or
education of a minor, shall deliver said minor
Note: to a public institution or other persons, without
This paragraph applies only when someone is the consent of the one who entrusted such
accidentally injured by the accused. If a person child to his care or, in the absence of the latter,
intentionally stabs or shoots another who is without the consent of the proper authorities
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Parents who shall neglect their children by not Abandonment of Minor by person entrusted
giving them the education which their station with custody and Abandonment of Minor
in life requires and which their financial (Art. 266), Distinguished
condition permits ABANDONMENT OF
ABANDONMENT
MINOR BY PERSON
OF MINOR (ART.
Punishable Acts/Elements: ENTRUSTED WITH
266)
1. Delivering a minor to a public institution HIS CUSTODY
or other persons without the consent of Custody of offender is
Custody is stated in
the one who entrusted such minor to the specific – for rearing
general terms
care of the offender or, in the absence of or education of minor
the entruster, without the consent of the Minor here – under 18 Minor here – under 7
proper authorities years of age years of age
Minor is abandoned
Elements: (C-D-N) (3) Minor is delivered to a
in such a way as to
a. Offender has Charge of the rearing or public institution or
deprive him of care
education of a minor (To rear means to other person
and protection
bring to maturity by educating,
nourishing, etc.); Article 278. Exploitation of Minors
b. He Delivers said minor to a public institution
or other persons.; and Punishable Acts:
c. The one who entrusted such child to the 1. Anyone who causes any boy or girl under 16
offender has Not consented to such act; years of age to perform any dangerous feat
or if the one who entrusted such child to of balancing, physical strength or contortion;
the offender is absent, the proper 2. Any acrobat, gymnast, rope-walker, diver, or
authorities have not consented to it wild- animal tamer or circus manager, or
engaged in a similar calling who employs
2. Neglecting one’s children by not giving children under 16 years of age who are not
them education which the parent/s’ his/her own children or descendants of the
station in life requires and financial offender in exhibitions of such kinds;
condition permits 3. Any acrobat, gymnast, rope-walker, diver, or
wild- animal tamer or circus manager, or
Elements: (P-N-SF) (3) engaged in a similar calling who employs any
a. That the offender is a Parent; of his/her descendants under 12 years of age
b. That he/she Neglects his/her children by not in such dangerous exhibitions;
giving them education; and 4. Any ascendant, guardian, teacher or person
c. That his/her Station in life requires such entrusted in any capacity with the care of a
education and his/her Financial condition child under 16 years of age who gratuitously
permits it delivers such child to any person following
any of the callings enumerated in paragraph
Notes: 2 or to any habitual vagrant or beggar; and
1. Old jurisprudence has held that the obligation 5. Anyone who induces any child under 16
to educate children terminates if the mother years of age to abandon the home of its
and children refuse without good reason to ascendants, guardians, curators or teachers
live with the accused father. to follow any person engaged in any of the
2. Failure to give education must be due to callings mentioned in paragraph 2 or to
deliberate desire to evade such obligation. accompany any habitual vagrant or beggar
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Qualifying circumstance: If the delivery, in 3. That such entrance is Against the latter’s will.
paragraph 4, shall have been made in
consideration of any price, compensation or Qualifying circumstance: where the offense is
promise, the guardian or curator shall be deprived committed by means of violence or intimidation
of parental authority or guardianship.
Notes:
Note: 1. There must be an opposition on the part of
The exploitation of the minor must be of such a the owner of the house to the entry of the
nature as to endanger his life or safety. accused. Mere absence of his consent or
permission is not enough.
Exploitation of Minors and Inducing Minor to 2. Dwelling: any building or structure exclusively
Abandon His Home (Art. 271), Distinguished devoted for rest and comfort; depends upon
INDUCING MINOR use; may be just a room.
EXPLOITATION OF
TO ABANDON HIS 3. Prohibition may be express or implied,
MINORS
HOME depending on the circumstances.
Purpose of inducing 4. Implied prohibition is present in the following
the minor to abandon situations: felony is committed late at night
the home is to follow when everyone is asleep, or entrance is
any person engaged made through a window
in any of the callings No such purpose 5. Prohibition must exist prior to or at the time of
mentioned or to entrance.
accompany any 6. Prohibition is not necessary when violence or
habitual vagrant or intimidation is employed by the offender.
beggar 7. Violence or intimidation may take place
Minor is under 16 immediately after the entrance.
years of age (or under Victim is a minor 8. When there is no overt act of a crime intended
12 years of age, in the under 18 years of age to be committed by means of the entry (ex.
case of paragraph 3) robbery), the crime is only trespass to
dwelling.
Art. 279. Additional Penalties for Other 9. Trespass may be committed even by the
Offenses owner of the dwelling against the actual
occupant thereof.
The offender is liable not only for the
10. If the offender is a public officer, the crime
abandonment or exploitation but also for all its
consequences. If as a result, physical injuries committed is violation of domicile under Art.
or death resulted, another crime is committed 128.
by authority of Art 279.
Not applicable:
1. Where the entrance is for the purpose of
Section 2. Trespass to Dwelling
preventing harm to himself, the occupants or
a third person
Art. 280. Qualified Trespass to Dwelling
2. Where the purpose is to render some service
Any private individual who enters the dwelling
to humanity or justice
of another against the latter’s will, whether or
3. When the accused entered the dwelling
not the entry was attended by violence or
through the window, he had no intent to kill
intimidation
any person inside. His intention to kill came
to his mind when he was being arrested by
Elements: (P-E-A) (3)
the occupants thereof. Hence, the crime of
1. That the offender is a Private person;
trespass to dwelling is a separate and distinct
2. That he Enters the dwelling of another; and
offense from frustrated homicide.
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4. Where a person enters establishments which entering may be

cater to/serve the public while still open for express or implied
such patronage.
5. If a public officer or an authorized person is Section 3. Threats and Coercion
conducting a valid arrest or a valid search
and seizure. (Rules on Criminal Procedure, Art. 282. Grave Threats
Rule 113) Any person who shall threaten another with
the infliction, upon the person, honor or
Art. 281. Other Forms of Trespass property of the latter or of his family, of any
Any person who shall enter the closed wrong amounting to a crime
premises or the fenced estate of another,
while either or both of them are uninhabited, if Punishable Acts:
the prohibition to enter be manifest and the 1. By threatening another with the infliction,
trespasser has not secured the permission of upon his person, honor or property or that of
the owner or the caretaker thereof his family, of any wrong amounting to a crime
and demanding money or imposing any other
Elements: (NUPE) (4) condition, even though not unlawful, and the
1. That the offender Enters the closed premises offender attained his purpose.
or the fenced estate of another (Premises –
signifies a distinct and definite locality which Elements: (T-W-D-A) (4)
is fixed); a. The offender Threatens another person with
2. That the entrance is made while either of the infliction, upon the latter’s person, honor
them is Uninhabited; or property, or upon that of the latter’s family,
3. That the Prohibition to enter be manifest; and of any wrong;
4. That the trespasser has Not secured the b. The Wrong amounts to a crime;
permission of the owner or the caretaker c. There is Demand for money or any other
thereof. condition is imposed, even if not unlawful;
and
Other Forms of Trespass and Qualified d. The offender Attains his purpose.
Trespass to Dwelling, Distinguished
QUALIFIED 2. By making such threat without the offender
OTHER FORMS OF
TRESPASS TO attaining his purpose; and
TRESPASS
DWELLING 3. By threatening another with the infliction,
Offender is any Offender is a private upon his person, honor or property or that of
person person his family, of any wrong amounting to a crime,
Offender enters the threat not being subject to a condition
Offender enters a
closed premises or a
dwelling
fenced estate Elements: (T-W-N) (3)
The place entered is The place entered is a. The offender Threatens another person with
uninhabited inhabited the infliction, upon the latter’s person, honor
Act entailed is or property, or upon that of the latter’s family,
entering into closed Act entailed is of any wrong;
premises/fenced entering the dwelling b. The Wrong amounts to a crime; and
estates without against the will of c. The threat is Not subject to a condition.
permission of the owner
owner/caretaker
Prohibition must be
Prohibition from
manifest
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Notes: threatened, or if he shall fail to give such bail,

1. Threat must not be made in heat of anger, he shall be sentenced to destierro.
because such threat would be punished as
“Other Light Threats”. The person making the threats under the Articles
2. Grave threats may be committed by indirect 283 and 284 (grave and light threats) may also be
challenge to a gun fight, even if complainant required by the court to give bail conditioned upon
was absent when challenge was made. It is the promise not to molest the person threatened.
sufficient that threats came to knowledge of
offended party. Bond for Good Behavior and Bond to Keep
3. Threats made in connection with the the Peace (Art. 35), Distinguished
commission of other crimes are absorbed by BOND FOR GOOD BOND TO KEEP THE
the latter. BEHAVIOR PEACE
4. The offender in grave threats does not Only for grave threats Application not to
demand the delivery on the spot of the money and light threats particular cases only
or other personal property asked by him. An additional penalty A distinct penalty
Otherwise, that’s robbery by intimidation.
If offender fails to give
5. Essential that there be intimidation: that
the bond, he shall be
there’s a promise of some future harm or
If offender fails to give detained for a period not
injury
bail, he shall be exceeding 6 months if
6. Act threatened to be done must be wrong
sentenced to prosecuted for a grave
destierro. or a less grave felony or
Art. 283. Light Threats
for 30 days if prosecuted
The wrong threatened does not amount to a for a light felony.
crime.
Art. 285. Other Light Threats
Elements: (DANT) (4)
1. That the offender Threatens another person
Punishable Acts:
with the infliction of a wrong;
1. By threatening another with a weapon (even
2. That the wrong does Not constitute a crime;
if there is no quarrel), or by drawing a weapon
3. That there is a Demand for money or any
in a quarrel, unless it be in lawful self-
other condition is imposed, even though not defense;
unlawful; and
2. By orally threatening another, in the heat of
4. That the offender has either Attained or not
anger, with some harm constituting a crime,
attained his purpose.
without persisting in the idea involved in the
threat; and
Notes: 3. By orally threatening another with harm not
1. In light threats, the wrong threatened does constituting a felony
not amount to a crime.
2. Required that there be a demand of money or
Notes:
that other condition be imposed.
1. No demand for money or condition is involved
3. Blackmailing may be punished under this 2. Threat is not deliberate
provision. 3. That which is ordinarily a grave threat may be
considered under this article if made in the
Art. 284. Bond for Good Behavior
heat of anger.
In all cases falling within Articles 283 and 284, 4. Where threats are directed to a person who
the person making the threats may also be is absent and uttered in a temporary fit of
required to give bail not to molest the person anger, the offense is only light threats.
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Art. 286. Grave Coercions Notes:

Any person who, without any authority of law, 1. The thing prevented from execution must not
shall, by means of violence, threats, or be prohibited by law. Otherwise, there will be
intimidation, prevent another from doing no coercion.
something not prohibited by law, or compel 2. Owner of a thing has no right to prevent
him to do something against his will, whether interference when such interference is
it be right or wrong necessary to avert greater damage.
3. Coercion is consummated even if the
Two ways of committing Grave Coercion offended party did not accede to the purpose
1. By preventing another, by means of violence, of the coercion.
threats or intimidation, from doing something
not prohibited by law; and Grave Coercion and Illegal Detention,
2. By compelling another, by means of violence, Distinguished
threats or intimidation, to do something GRAVE   ILLEGAL
against his will, whether it be right or wrong COERCION DETENTION
Intent to deprive the Intent to deprive
Elements: offended party of his liberty present
1. That a person liberty is not clear
a. Prevented another from doing something
not prohibited by law, or Grave Coercion and Maltreatment of
b. Compelled another to do something Prisoners, Distinguished
against his will, be it right or wrong; GRAVE COERCION MALTREATMENT
2. That the prevention or compulsion is effected OF PRISIONERS
by Violence, Threats, or Intimidation; and If the offended party is If the offended party
3. That it is committed Without authority of law not a prisoner, is a prisoner,
or not in the exercise of any lawful right. extracting extracting
information, using information, using
When preventing is not considered Coercion force or intimidation is force or intimidation is
but is covered by some other provision: coercion maltreatment
1. When a public officer prevents the
ceremonies of a religious group under Art.
Art. 287. Light Coercions
132;
Any person who, by means of violence, shall
2. When a person prevents the meeting of a
seize anything belonging to his debtor for the
legislative assembly under Art. 143; and
purpose of applying the same to the payment
3. When a person prevents a member of
of the debt
Congress from attending meetings,
expressing his opinions, or casting his vote
Light Coercion (Par. 1)
through the use of force or intimidation, under
Elements: (C-S-V-P) (4)
Art. 145
a. That the offender must be a Creditor of the
offended party;
When compelling is not Coercion but is
b. That he Seizes anything belonging to his
covered by some other provision:
debtor;
1. When a public officer compels a person to
c. That the seizure of the thing be accomplished
change his residence, under Art. 127; and
by means of Violence or a display of material
2. When a person kidnaps his debtor to compel
force producing intimidation; and
him to pay, under Art. 267.
d. That the purpose of the offender is to apply
the same to the Payment of the debt.
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Unjust Vexation (Par. 2) Punishable Acts:

1. Any other coercion or unjust vexation 1. By forcing or compelling, directly or indirectly,
2. Paragraph 2 of Art. 287 covers unjust or knowingly permitting the forcing or
vexation. It includes any human conduct compelling of the laborer or employee of the
which, although not productive of some offender to purchase merchandise or
physical or material harm would, however, commodities of any kind from him
unjustly annoy or vex an innocent person.
3. Light coercion under the 1st paragraph of this Elements: (A-E-FP) (3)
article will only be unjust vexation if the 3rd a. That the offender is Any person, agent or
element (employing violence or intimidation) officer of any association or corporation;
is absent. b. That he or such firm or corporation has
4. The paramount question to be considered is Employed laborers or employees; and
whether the offender’s act caused c. That he Forces or compels, directly or
annoyance, irritation, torment, distress, or indirectly, or knowingly permits to be forced or
disturbance to the mind of the person to compelled, any of his or its laborers or
whom it is directed. employees to Purchase merchandise or
commodities of any kind from him or from said
Unjust Vexation and Grave Coercion, firm or corporation
Distinguished
UNJUST   GRAVE   2. By paying the wages due his laborer or
VEXATION COERCION employee by means of tokens or objects
Act of preventing by Act of preventing by other than the legal tender currency of the
force was already force was made at Philippines, unless expressly requested by
done when the the time the offended such laborer or employee
violence was exerted party was doing or
about to do the act Elements: (PON) (3)
prevented a. That the offender Pays the wages due a
laborer or employee employed by him by
Art. 288. Other Similar Coercions means of tokens or objects;
(Compulsory Purchase of Merchandise and b. That those tokens or objects are Other than
Payment of Wages By Means of Tokens) the legal tender currency of the Philippines;
and
Any person, agent or officer of any
c. That such employee or laborer does Not
association or corporation who shall force or
expressly request that he be paid by means of
compel, directly or indirectly, or shall
tokens or objects
knowingly permit any laborer or employee
employed by him or by such firm or
Note:
corporation to be forced or compelled, to
Inducing an employee to give up any part of his
purchase merchandise or commodities of any
wages by force, stealth, intimidation, threat or by
kind
any other means is unlawful under the Labor
Code, not under the RPC.
Any person who shall pay the wages due a
laborer or employee employed by him, by
Art. 289. Formation, Maintenance, and
means of tokens or objects other than the
Prohibition of Combination of Capital or
legal tender currency of the Philippines,
Labor through Violence or Threats
unless expressly requested by the laborer or
employee. Any person who, for the purpose of
organizing, maintaining or preventing
coalitions of capital or labor, strike of laborers
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or lock-out of employers, shall employ Notes:

violence or threats in such a degree as to 1. Seize - to place a thing in the control of
compel or force the laborers or employees in someone or to give him the possession
the free and legal exercise of their industry or thereof; it is not necessary that in the act,
work, if the act shall not constitute a more there be force or violence
serious offense in accordance with the 2. This article is not applicable to parents with
provisions of the RPC respect to their minor children or to spouses
with respect to the papers or letters of either
Elements: (PEN) (3) of them.
1. That the offender Employs violence or 3. Contents of the correspondence need not be
threats, in such a degree as to compel or secret. The purpose of the offender prevails.
force the laborers or employers in the free 4. Qualifying circumstance: when the offender
and legal exercise of their industry or work; reveals the contents of such papers or letters
2. That the Purpose is to organize, maintain or to a third person
prevent coalitions of capital or labor, strike of 5. This article does not require that the offended
laborers, or lockout of employees; and party be prejudiced.
3. The act shall Not constitute a more serious
offense under the RPC Discovering Secrets and Revealing secrets
of private individual (Art. 230), Distinguished
Notes: DISCOVERING REVEALING
1. Peaceful picketing is not prohibited, but it SECRETS THROUGH SECRETS OF
must be confined strictly and in good faith to SEIZURE OF PRIVATE
gaining information and to peaceful CORRESPONDENCE INDIVIDUAL
persuasion and argument. Private individual seizes Public officer
2. But employing violence or making threats by the papers or letters of comes to know of
picketers may make them liable for coercion another to discover the secret of any
latter’s secrets private individual
Chapter 3: Discovery and Revelation of by reason of his
Secrets office
Not necessary that there There is a secret
Art. 290. Discovering Secrets through actually be a secret in the which has come to
Seizure of Correspondence papers or letters seized be known
Any private individual who, in order to If there was, not Reveals secret
discover secrets of another, seizes his papers necessary to reveal the without justifiable
or letters, and reveals the contents thereof secret means
Elements: (PIPS) (4) Art. 291. Revealing Secrets with Abuse of

1. That the offender is a Private individual or Office
even a public officer not in the exercise of his Any manager, employee, or servant who, in
official functions; such capacity, shall learn the secrets of his
2. That he Seizes the papers or letters of principal or master and shall reveal such
another; secrets
3. That the Purpose of the seizure is to discover
the secrets of such other person; and Elements: (M-L-R) (3)
4. The offender is Informed of the contents of 1. That the offender is a Manager, employee or
the papers or letters seized servant;
2. That he Learns the secrets of his principal or
master in such capacity; and
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3. That he Reveals such secrets The taking should not be under a claim of
ownership. Thus, one who takes the property
Notes: openly and avowedly under claim of title offered
1. Damage is not required by this article. in good faith is not guilty of robbery even though
2. Secret must be learned by reason of the the claim of ownership is untenable. (Sy v.
offender’s employment Gutierrez, G.R. No. 171579, November 14, 2012)
Art. 292. Revelation of Industrial Secrets Article 293. Who Are Guilty Of Robbery
A person in charge, employee or workman of Any person who, with intent to gain, shall take
any manufacturing or industrial establishment any personal property belonging to another,
who, to the prejudice of the owner thereof, by means of violence or intimidation of any
shall reveal the secrets of the industry of the person, or using force upon anything
latter
Elements: (P-U-I-VF) (4)
Elements (POPS) (4) 1. There must be Personal property belonging
1. That the offender is a Person in charge, to another;
employee or workman of a manufacturing or 2. Unlawful taking of that property;
industrial establishment; 3. Taking was with Intent to gain (animus
2. That the manufacturing or industrial lucrandi); and
establishment has a Secret of the industry 4. That there is (a) Violence against or
which the offender has learned; intimidation of person, or (b) Force upon
3. That the Offender reveals such secrets; and anything.
4. That Prejudice is caused to the owner.
Distinctions between effects of employment
Notes: of Violence or Intimidation and Use of Force
1. Prejudice is an essential element of this upon things
offense. VIOLENCE OR FORCE UPON
2. The revelation of the secret might be made INTIMIDATION OF THINGS
after the employee or workman had ceased PERSONS
to be connected with the establishment. WHEN ROBBERY
Whenever violence Robbery is appreciated
Please see SPL reviewer on against or intimidation only when force is used
1. R.A 4200 Anti-Wiretapping Act of any person is to either:
2. R.A. 11479 Anti-Terrorism Act of 2020 present, Robbery is 1. enter the building,
always appreciated or
————— end of topic ————— 2. to break doors,
wardrobes, chests,
I. CRIMES AGAINST PROPERTY or any other kind of
Chapter 1: Robbery in General locked or sealed
furniture or
Robbery is the taking of personal property receptacles inside
belonging to another, with intent to gain, by the building, or to
means of violence against, or intimidation of any force them open
person, or using force upon anything. outside after taking
the same from the
Taking, as an element of robbery, means building
depriving the offended party of ownership of the BASIS OF PENALTY
thing taken with the character of permanency.
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result of the violence When committed in an robbery since being called “madam” isn’t a
used, and the inhabited house, public unique-enough circumstance for establishing
existence of building, or edifice the relationship between them by which to
intimidation devoted to religious ascertain that the alleged caller was indeed
worship, based on: the accused. (Macayan, Jr. v. People, G.R.
value of personal 1. value of the No. 175842, March 18, 2015).
property is immaterial property taken, and
2. whether or not “Entrance” as an element.
offenders carry 1. General rule: necessary
arms; 2. Exceptions:
a. when the robbery is committed by
When committed in an breaking wardrobes, chests, or any other
uninhabited building, kind of locked or sealed furniture or
based on: receptacle inside an inhabited house, a
1. Value of the public building or an edifice devoted to
property taken religious worship, or by taking such
furniture or objects away to be broken or
Notes: forced open outside [Art. 299, subdivision
1. Unlawful taking is complete when: (b)]; and
a. With violence/intimidation: property must b. when the robbery in an uninhabited
at least be in the possession of the building, other than a public building or
offender; and edifice devoted to religious worship, is
b. With force: property must be taken out of committed by breaking any wardrobe,
the building (Reyes, Book Two, p. 684, chest, or any sealed or closed furniture or
citing People v, Del Rosario, C.A. 46. receptacle, or by removing a closed or
O.G. 4332) sealed receptacle even if the same be
2. Intent to gain is presumed from unlawful broken open elsewhere [Art. 302, par. 4
taking and must concur with “personal and 5].
property belonging to another”.
3. When violence/intimidation must take place: Section 1 – Robbery with Violence against or
a. General Rule: before taking is complete; Intimidation of Persons
b. Exception: when violence results in  (1)
homicide, (2) rape, (3) intentional Art 294. Robbery with Violence against or
mutilation, or (4) any of the serious Intimidation of Persons
physical injuries under Art. 263, par. 1
and 2; Robbery will be deemed specially Punishable Acts:
complexed with any of those crimes, 1. By reason or on occasion of the robbery,
even if the taking was already complete homicide is committed;
when the violence was used by the 2. Rape or intentional mutilation or arson
offender. accompany the commission of robbery;
4. The taking need not immediately precede the 3. By reason or on occasion of the robbery, any
intimidation. of the physical injuries resulting in insanity,
5. Prohibited articles may be the subject matter imbecility, impotency, or blindness is inflicted
of robbery. (Art. 263, par. 1); or serious physical injuries
6. [LEONEN] The accused customarily called resulting in the loss of the use of speech, or
the victim her “madam” and, over the phone, the power to hear or to smell, or the loss of
the caller referred to her as “madam.” The an eye, hand, foot, arm, leg, or the loss of the
accused was acquitted of the charge of use of any such member or incapacity for
work in which victim is habitually engaged is
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inflicted by the robber on someone (Art. 263, merely incidental and subsidiary. (People v.
par. 2); Palema, G.R. No. 228000, July 10, 2019)
4. If the violence or intimidation which 3. “Any person” may be killed; the killing of a co-
accompanies the robbery is carried to a robber is still covered.
degree clearly unnecessary for the crime; 4. [LEONEN] In the special complex crime of
5. In the course of executing the robbery, any of robbery with homicide, homicide is committed
the physical injuries resulting to deformity, in order:
loss of any part of the body or the use thereof, a. to facilitate the robbery or the escape of
or illness or incapacity for the performance of the culprit;
the work habitually engaged in for > 90 days b. to preserve the possession by the culprit
or becomes ill or incapacitated for labor for > of the loot;
30 days (Art. 263, para. 3 and 4) is inflicted c. to prevent discovery of the commission of
by the robber on someone; or the robbery; or
6. The offender does not, during the robbery, d. to eliminate witnesses to the commission
cause any serious physical injuries defined in of the crime. (People v. Chavez y
Art. 263, or if the offender employs only Bitancor, G.R. No. 207950, September
intimidation. 22, 2014)
Notes: Participation and Liability

1. The crime as described in punishable acts 1, 1. Principals – All who participated as principals
2, 3, and 5 are special complex crimes. in the robbery are principals in robbery with
2. “On the occasion” and “by reason” of the homicide although they did not actually take
robbery mean “in the course” or “because of” part in the killing, unless it clearly appears
robbery. they endeavored to prevent the same.
3. Robbery and homicide are separate offenses (People v. Carrozo, 342 SCRA 600 [2000];
when the homicide was not committed “on People v. Hernandez, G.R. No. 139697, June
the occasion” or “by reason” of the robbery. 15, 2004)
a. [LEONEN] Eyewitness identification or
Paragraph 1: Robbery with Homicide “positive identification” is the bedrock of
many pronouncements of guilt. However,
Elements: it is but a product of flawed human
1. Taking of personal property with the use of memory. The length of time, coupled with
violence or intimidation against persons the deficiencies and doubts over the
2. Personal property thus taken belongs to witnesses’ testimonies, clearly show that
another. the prosecution did not manage to satisfy
3. The taking is characterized by intent to gain even one of the six factors that impel
or animus lucrandi. consideration under the totality of
4. On the occasion of the robbery or by reason circumstances test. (People v. Nuñez,
thereof, the crime of homicide was G.R. No. 209342, October 4, 2017)
committed. 2. Accessory – necessity of knowledge
a. There is an issue regarding the penalty
Homicide is understood in its generic sense imposable against an accessory without
(i.e., including parricide and murder) knowledge of the killing committed during
1. Homicide may precede or may occur after robbery. Jurisprudence [People v. Doble,
robbery; and need not be committed in the 114 SCRA 131; People v. Adriano y
place of robbery. Sanguesa, 95 SCRA 107] provides that
2. [LEONEN] The offender's original intent must such an accessory could not have
be the commission of robbery. The killing is prevented the same, hence, should be an
accessory only to the crime of simple
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robbery; Art. 53 of the RPC provides that Paragraph 4: Robbery with Unnecessary
the penalty for an accessory is the Violence and Intimidation
penalty lower by two degrees than that 1. There are two cases provided:
prescribed by law for the consummated a. When the violence or intimidation was
felony. Since robbery cannot be carried to a degree clearly
disaggregated from the special complex unnecessary, or
crime of robbery with homicide, there is b. When physical injuries covered by
an issue on the basis of such an sub. 3 and 4 of Art. 263 were inflicted
accessory’s penalty. upon any person not responsible for
the commission of robbery
Distinguished from Highway Robbery 2. Violence or intimidation in the first case need
1. Conviction for highway robbery requires proof not be present before or at the exact moment
that several accused were organized for the when the object is taken.
purpose of committing it indiscriminately. 3. The violence or intimidation may be
2. When homicide is not proved, the crime is committed at any time before the owner is
only robbery, and vice versa. finally deprived of his property.
Paragraph 2: Robbery with Rape Paragraph 5: Robbery with Violence or

1. It is important to determine the primary Intimidation in Other Cases
objective or intent of the accused. 1. Acts done, either by their own nature or by
2. Intent to gain from personal property of reason of the circumstances under which
another must precede the rape. they are executed, must inspire fear in the
3. Rape is committed on the occasion of person against whom they are directed.
robbery, even if committed in another place a. It must be objective fright (due to
within the house. some act on the part of the accused),
4. When rape and homicide co-exist in the and not subjective fright (fear arising
commission of robbery, rape is considered as from the mere temperamental timidity
an aggravating circumstance only to Robbery of the offended party).
with Homicide.
5. There is no robbery with attempted rape. Robbery through Intimidation and Threats to
6. Additional rapes committed on the same extort money, Distinguished
occasion of robbery will not increase the ROBBERY
THREATS TO
penalty. THROUGH
EXTORT MONEY
7. [LEONEN] For the crime of robbery with INTIMIDATION
rape, the law does not distinguish whether Actual and immediate Conditional or future
the rape was committed before, during, or intimidation intimidation
after the robbery, but only that it punishes Intimidation may be
robbery that was accompanied by rape. The Intimidation is
through an
elements of robbery with rape are: (People v. personal
intermediary
Salen, Jr. y Sena, G.R. No. 231013, January Intimidation may refer
29, 2020) Intimidation is
to person, honor or
a. the taking of personal property is directed only to the
property of the
committed with violence or offended party
offended party
intimidation against persons; Gain is immediate Gain is not immediate
b. the property taken belongs to another;
c. the taking is characterized by intent to
gain or animus lucrandi; and
d. the robbery is accompanied by rape.
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Robbery with Violence and Grave coercion, 5. on a street, road, highway or alley and the
Distinguished intimidation is made with the use of firearms,
ROBBERY WITH whether licensed or unlicensed.
GRAVE  COERCION
VIOLENCE Notes:
Violence is used 1. This article does not apply to the special
Intent to gain No intent to gain complex crimes of robbery with homicide,
with rape, or with serious physical injuries
Robbery and Bribery, Distinguished under paragraph 1 of Art. 263.
ROBBERY BRIBERY 2. Any of the qualifying circumstances must be
alleged in the information and proved during
The owner of the
trial. They cannot be offset by generic
property did not The owner of the
mitigating circumstances.
commit a crime but is property has committed
intimidated by the a crime and gives
Art. 296. Definition of a Band and Penalty
offender so as to money as way to avoid
Incurred by Members Thereof
deprive him of his arrest or prosecution
When more than three armed malefactors
property
take part in the commission of a robbery, it
Victim is deprived of
shall be deemed to have been committed by
money thru force or
Giving of money by a band.
intimidation; neither
victim is in a sense
voluntary nor mutual
voluntary Robbery is Deemed Committed by a Band when
parting with the
at least 4 armed malefactors take part.
money
Example: Accused, a sanitary inspector,
Requisites for liability for the acts of the
demands payment of an amount from the
other members of the band: (M-P-A-N) (4)
offended party with threats of his arrest and
1. That the accused was a Member of the band;
prosecution after inspection of the offended
2. That he was Present at the commission of a
party’s store. The crime committed is robbery
robbery by that band;
because the principal distinction from bribery is
3. That the other members of the band
the voluntariness of the transaction on the part
committed an Assault; and
of the owner of the property. (People v.
4. That he did Not attempt to prevent the assault
Francisco, G.R. No. 21390, March 26, 1924)
Notes:
Art. 295. Robbery with Physical Injuries,
1. If robbery and assault were committed by a
Committed in an Uninhabited Place and by a
band, even if the members conspired to
Band, or with the Use of Firearm on a Street,
commit robbery only, all the participants are
Road or Alley (Qualified Robbery)
nonetheless liable for both acts; unless:
a. [LEONEN] The accused prevented or
Instances Qualifying Robbery with Violence
attempted to prevent the assault
against or Intimidation of Persons
(Amparo v. People, G.R. No. 204990,
1. in an uninhabited place, or
February 22, 2017); or
2. by a band, or
b. The accused is a principal by inducement
3. by attacking a moving train, street car, motor
as to the commission of robbery, unless
vehicle or airship, or
he ordered such killing or the commission
4. by entering the passenger’s compartments in
of other crimes
a train, or in any manner taking the
2. Proof of conspiracy is not necessary when
passengers thereof by surprise in the
four or more armed persons committed
respective conveyances, or
robbery.
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3. If rape was committed by one member of the 3. If both killing and physical injuries were
band without the knowledge of the others, he committed on that occasion, the crime shall
alone is guilty of robbery with rape. be penalized in accordance with Art. 297, but
the physical injuries will be absorbed.
Art 297. Attempted and Frustrated Robbery
Committed Under Certain Circumstances Art 298. Execution of Deeds By Means of
Violence or Intimidation
Attempted or Frustrated Robbery with Any person who, with intent to defraud
Homicide another, by means of violence or intimidation,
1. This is a special complex crime. shall compel him to sign, execute or deliver
a. The term “homicide” is used in its generic any public instrument or document
sense. It includes any unlawful killing.
b. There must be overt acts pointing to Elements: (I-C-VI) (3)
robbery. 1. That the offender has Intent to defraud
another;
“Unless the homicide committed should 2. That the offender Compels him to sign,
deserve a higher penalty” execute, or deliver any public instrument or
When homicide is committed with a qualifying document; and
circumstance, then a higher penalty shall be 3. That the compulsion is by means of Violence
imposed (e.g., for murder or parricide). or Intimidation
Distinctions (People v. Villanueva, C.A.- G.R. Notes:

No. 2676, May 31, 1939): 1. This article is not applicable if the document
1. Art 294 applies if the offense committed is is void.
consummated robbery with homicide. 2. “Public” describes only “instrument”; hence,
2. Art 297 applies if the offense committed is this article also applies to private or
attempted or frustrated robbery with commercial documents
homicide.
3. Art 48 applies if the offense committed is Section 2 – Robbery by the Use of Force upon
attempted or frustrated robbery but only Things
serious physical injuries, provided serious
physical injuries must be employed as the Two (2) instances:
necessary means of committing robbery. 1. Robbery which occurs in:
a. An inhabited house or public building or
If physical injuries were inflicted on the edifice devoted to religious worship (Art.
victim, but no intent to kill was proven and the 299), or
victim did not die, the liability of the offender b. An uninhabited place or in a private
may be as follows: building (Art. 302); and
1. If physical injuries were inflicted as a means 2. If the offender did not enter the premises
for the commission of attempted or frustrated through any of the means mentioned in Art.
robbery, the injuries are absorbed. The crime 299(a) but broke a wardrobe, chest, or any
shall only be attempted or frustrated robbery. other kind of locked or closed or sealed
2. If physical injuries were inflicted on the furniture or receptacle in the house or
occasion of robbery but not as a means for building, or he took it away to be broken or
the commission of attempted or frustrated forced open outside.
robbery, they are treated as separate crimes
of attempted or frustrated robbery and
physical injuries.
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Art 299. Robbery in an Inhabited House or 4. Picklock or similar tools are those specially
Public Building or Edifice Devoted To adopted to the commission of robbery (Art.
Worship 304).
Any armed person who shall commit robbery 5. When the false key is used to open a
in an inhabited house or public building or wardrobe or locked receptacle or drawer or
edifice devoted to religious worship inside door, it is only theft.
6. Using of fictitious name or pretending the
Subdivision (a) elements: exercise of public authority must be the
1. That the offender entered efficient cause of the opening by the offended
a. an inhabited house, or party of the door of his house to the accused.
b. public building, or 7. The four means described must be resorted
c. edifice devoted to religious worship; to by the offender to enter, not to get out.
2. That the entrance was effected by any of the
following means: Art. 299, subdivision (b) elements:
a. Through an opening not intended for 1. That the offender is inside a dwelling house,
entrance or egress; public building, or edifice devoted to religious
b. By breaking any wall, roof, or floor or worship, regardless of the circumstances
breaking any door or window; under which he entered it; and
c. By using false keys, picklocks or similar 2. That the offender takes personal property
tools; or belonging to another with intent to gain, under
d. By using any fictitious name or any of the following circumstances:
pretending the exercise of public a. by the breaking of doors, wardrobes,
authority; and chests, or any other kind of locked or
3. That once inside the building, the offender sealed furniture or receptacle, or
took personal property belonging to another b. by taking such furniture or objects away
with intent to gain to be broken or forced open outside the
place of the robbery
Definitions
1. An Inhabited house is any shelter, ship or Notes:
vessel constituting the dwelling of one or 1. Entrance need not be effected by any of the
more persons, even if inhabitants are not means mentioned in Art. 299, subdivision (a).
present. 2. “Doors” refer only to “doors, lids, or opening
2. A Public building is every building owned by sheets” of furniture or other portable
the Government or belonging to a private receptacles – not to inside doors of house or
person but used or rented by the building.
Government, although temporarily 3. When a sealed box is taken out for the
unoccupied by the same. purpose of breaking it, the crime is already
consummated robbery. There is no need to
Notes: actually open it inside the building from where
1. There must be intention to take personal it was taken.
property in entering the building. a. If the box was confided into the custody
2. The offender must wholly enter the building in of accused and he takes the money
which the robbery was committed (i.e., whole contained therein, the crime is estafa.
body of the culprit must be inside the building). b. If the box was found outside of the
3. False keys are genuine keys stolen from the building and the accused forced it open,
owner or any keys other than those intended the crime is theft.
by the owner for use in the lock forcibly
opened by the offender (Art. 305).
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Art 300. Robbery in an Uninhabited Place and 2. That with intent to gain, the offender took
by a Band therefrom personal property belonging to
The robbery mentioned in Article 299, if another;
committed in an uninhabited place and by a 3. That any of the following circumstances was
band present:
a. Entrance was effected through an
Notes: opening not intended for entrance or
1. The penalty in Article 299 will be in the egress;
maximum period, if robbery with force upon b. A wall, roof, floor, or outside door or
things is committed in an uninhabited place window was broken;
and by a band. c. The entrance was effected through the
2. The inhabited house, public building, or use of false keys, picklocks or other
edifice devoted to religious worship must be similar tools;
located in an uninhabited place, as opposed d. A door, wardrobe, chest, or any sealed or
to robbery with violence against or closed furniture or receptacle was
intimidation of persons, which must be broken; or
committed in an uninhabited place or by a e. A closed or sealed receptacle was
band. removed, even if the same be broken
open elsewhere
Art 301. What Is an Inhabited House, Public
Building, or Building Dedicated To Religious Notes:
Worship and Their Dependencies 1. Uninhabited place means an uninhabited
building.
Requisites for Dependencies (CIP)(3) 2. Building includes any kind of structure for
All interior courts, corrals, warehouses, granaries storage or safekeeping of personal property.
or enclosed places must be: 3. When the property taken is mail matter or
a. Contiguous to the building; large cattle during any of the robberies
b. Having an Interior entrance connected defined in Arts. 294, 295, 297, 299, 300 &
therewith, and 302, the penalties next higher in degree than
c. Forming Part of the whole. those provided in said articles shall be
imposed.
Notes: 4. Taking of large cattle is now punished under
1. Place is still considered inhabited even if the P.D. 533.
occupant is absent when robbery occurred
2. Orchard and other lands for cultivation or Robbery in a store:
production are not included in the term 1. Art. 299 – if the store is used as a dwelling; or
dependencies (Art 301, par. 3). if the store is a dependency of an inhabited
house with an interior entrance connected
Art. 302. Robbery in an Uninhabited Place or therewith;
in a Private Building 2. Art. 302 – if the store is not used as a
dwelling;
Elements:
1. That the offender entered an uninhabited Art. 303. Robbery of Cereals, Fruits, or
place or a building which is not a dwelling Firewood in an Uninhabited Place or Private
house, not a public building, or not an edifice Building
devoted to religious worship; In the cases enumerated in Articles 299 and
302, when the robbery consists in the taking
of cereals, fruits, or firewood
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Definition: Notes:
Cereals (also known as palay)– seedlings which 1. If the key was entrusted to the offender and
are the immediate product of the soil he used it to steal, crime is not robbery but
theft.
Notes: 2. Possession of false keys in (2) and (3) are not
1. When the robbery described in Arts. 299 and punishable.
302 consists in the taking of cereals, fruits, or 3. A master key is considered a picklock and its
firewood, the penalty is one degree lower. possession is punishable. (People v. Lopez
2. Applicable only to robbery by “force upon G.R. No. L-18766)
things”
3. The palay must be kept by the owner as Chapter 2: Brigandage
“seedlings” or taken for that purpose by the
robbers. Brigandage is a crime committed by more than
4. Does not include taking sacks of hulled rice three armed persons who form a band of robbers
(bigas), which falls under Art. 302 for the purpose of committing robbery in the
highway or kidnapping persons for the purpose of
Art. 304. Possession of Picklocks or Similar extortion or to obtain ransom, or for any other
Tools purpose to be attained by means of violence.
Any person who shall, without lawful cause,
have in his possession picklocks or similar Art. 306. Who are Brigands – Penalty
tools especially adopted to the commission of Brigands/highway robbers are more than
the crime of robbery three armed persons who form a band of
robbers for the purpose of committing robbery
Any person who makes such tools on the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for
Elements: (PAN) (3) any other purpose to be attained by means of
1. That the offender has in his Possession force and violence.
picklocks or similar tools;
2. That such picklocks or similar tools are If any of the arms carried by any of said
specially Adopted to the commission of persons be an unlicensed firearm, it shall be
robbery; and presumed that said persons are highway
3. That the offender does Not have lawful cause robbers or brigands
for such possession
Elements:
Notes: 1. There are at least 4 armed persons;
1. Actual use of the picklocks or similar tools is 2. They formed a band of robbers;
not necessary. 3. Their purpose is any of the following:
2. The liability of a locksmith is higher than that a. to commit robbery in the highway, or
of a mere possessor of picklocks. b. to kidnap persons for the purpose of
extortion or to obtain ransom, or
Art. 305. False Keys: c. to attain by means of force and violence
"False keys" shall be deemed to include: any other purpose
1. The tools mentioned in the next
preceding article. Notes:
2. Genuine keys stolen from the owner. 1. The mere formation of a band for any of the
3. Any keys other than those intended by purposes mentioned is sufficient to convict.
the owner for use in the lock forcibly
opened by the offender.
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2. If any of the members carries unlicensed c. the offender acquires or receives the
firearm, all are presumed highway robbers or property taken by such brigands
brigands.
3. Arms carried need not necessarily be Presumption of law as to knowledge
firearms—as long as they are weapons in Any person performing any of the acts provided
general. (People v. De La Rosa C.A., 49 O.G. in this article is presumed to have performed them
2863) knowingly, unless the contrary is proven.
Brigandage and Robbery by a Band, Chapter 3: Theft

Distinguished
BRIGANDAGE ROBBERY BY A Art. 308. Who are Liable for Theft
BAND Theft is the taking of personal property
Purpose is only to belonging to another without the owner’s
Purposes are those commit robbery, not consent and without the attendance of
enumerated above necessarily on a violence or intimidation of persons or force
highway upon things.
Agreement to commit Agreement is to commit
robbery not limited to only a particular Elements:
one occasion robbery 1. That there be taking of personal property;
Mere formation of a Necessary to prove 2. That such property belongs to another;
band is sufficient to actual commission of 3. That the taking be done with intent to gain;
convict robbery 4. That the taking be done without the consent
Both require that the offenders form a band of of the owner; and
robbers. 5. That the taking be accomplished without the
use of violence against or intimidation of
Things to prove: persons or force upon things.
1. There is an organization of more than 3
armed persons forming a band of robbers; Persons liable:
2. The purpose of the band is any of those 1. Those who:
enumerated; a. with intent to gain,
3. They go upon the highway or roam upon the b. but without violence against or
country for that purpose; and intimidation of persons nor force upon
4. The accused is a member of the band. things,
c. take personal property of another,
Art. 307. Aiding and Abetting a Band of d. without the latter’s consent.
Brigands 2. Those who:
a. having found lost property,
Elements: b. fail to deliver the same to the local
1. That there is a band of brigands; authorities or its owner.
2. That the offender knows the band to be of (Retention of money/property found is theft.
brigands; and What is punished is retention or failure to
3. That the offender does any of the following return with intent to gain. The offender’s
acts: knowledge of the identity of the owner of
a. the offender in any manner aids, abets or the property is not required. His
protects such band of brigands, or knowledge that the property is lost is
b. the offender gives them information of the enough.)
movements of the police or other peace
officers of the Government, or
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3. Those who: 6. Consent (of owner) contemplated in the

a. after having maliciously damaged the element of theft refers to consent freely given
property of another, and not merely implied from silence of the
b. remove or make use of the fruits or object owner.
of the damage caused by them. 7. Allegation in the information of lack of
(Killing the cattle of another which destroyed consent is indispensable.
his [offender’s] property and getting meat 8. In theft of lost property, it is necessary to
for himself is theft.) prove:
4. Those who: a. Time of the seizure of the things;
a. enter an enclosed estate or a field, b. That it was lost property belonging to
b. where trespass is forbidden or which another; and
belongs to another, and c. That the accused, having had the opportunity
c. without the consent of its owner, hunt, to return or deliver the lost property to its
fish or gather fruits, cereals or other farm owner or to the local authorities, refrained
products therefrom. from doing so.
(Fishing should not be in a fishpond or 9. Unless force upon things is used to enter a
fishery within the field or estate; building, it is theft and not robbery, except
otherwise, it is qualified theft under Art. that it is robbery when a furniture, chest, or
310.) other locked/sealed receptacle is broken in
the house or building or taken therefrom and
Notes: broken outside.
1. Taking is consummated the moment the 10. When a person possesses part of recently
offender has full possession of the thing even stolen property, he is presumed to be the thief
if he did not have an opportunity to dispose of of all unless he has a satisfactory explanation
the same; it does not require “taking away or of his possession.
carrying away.” 11. Theft is NOT a continuing offense.
2. The “taking” must be accompanied by the 12. There is no frustrated theft.
intention, at the time of the taking, of
withholding the thing with character of Theft and Robbery, Distinguished
permanency. (People v. Rico, et al. C.A., 50 THEFT ROBBERY
O.G. 3103; Peple v. Galang, et al. C.A., 43 If violence or
O.G. 577) intimidation is
3. Intent to gain is presumed from the unlawful If violence or committed after
taking, except if the person takes the thing intimidation is taking is complete
from another believing in good faith that it is committed after which results in
his own. taking is complete – homicide, rape,
4. Actual or real gain is not necessary; it is separately-punished intentional mutilation,
enough that on taking the property, the crimes or serious physical
accused was actuated by the desire or intent injuries –special
to gain. complex crimes
5. [LEONEN] The existence of the DARAB Any “force” needed
Decision adjudicating the issue of tenancy Force may be
for taking (which is
between the offended party and the offender employed to enter;
not under force upon
negates the existence of the element that the “force” needed for
things in robbery; e.g.
taking was done without the owner's consent. taking (e.g.
snatching) is
The DARAB Decision implies that the snatching) is part
absorbed in theft;  
offender had legitimate authority to harvest of/absorbed in the
force entailed in the
the abaca. (Ligtas v. People, G.R. No. taking
separate crimes
200751, August 17, 2015)
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resulting from iv. Coconut taken from the premises of

violence or a plantation (whether still in the tree
intimidation after or deposited on the ground),
taking is complete is v. Fish from a fishpond or fishery; or
an element of those d. On the occasion of fire, earthquake,
separate crimes typhoon, volcanic eruption, or any
It is necessary that other calamity, vehicular accident or
Lack of consent by
taking must be civil disturbance
the owner is
against the will of the
sufficient.
owner. Elements:
1. Taking of personal property;
Theft and Estafa, Distinguished 2. Said property belongs to another;
THEFT ESTAFA 3. Said taking be done with intent to gain;
If only material If juridical possession 4. It be done without the owner’s consent;
possession (i.e. is transferred (ex., by 5. It be accomplished without the use of
custody of object) a contract of violence or intimidation against persons, nor
was given to the bailment) to the of force upon things; and
accused and it is accused and he 6. It be done under any of the qualifying
actually taken by him takes the property circumstances.
with no intent to with intent to gain
return; or material Notes:
possession/custody 1. “Grave abuse of confidence” necessitates
is not even given to, a high degree of confidence between the
but obtained by, the offender and the offended party. (ex. guests);
accused through there must be an allegation in the information
taking the object of proof of a relation by reason of
without the owner’s dependence, guardianship or vigilance,
consent and with between the accused and the offended party,
intent to gain that has created a high degree of
confidence between them.
Art 309. Penalties 2. [LEONEN] In a case where the domestic
helper received a call from a stranger to bring
Basis for penalty: the valuable items of her employer because
1. The value of the thing stolen; the latter was involved in an accident, and
2. The value and the nature of the thing taken; they later found out that this was not true, the
or Court found the helper guilty of qualified theft
3. The circumstances or causes that impelled because it was clear that it was she who took
the culprit to commit the crime the valuables and the fact that she did not
pause to evaluate the situation despite
Art 310. Qualified Theft warnings by co-workers and security
Acts of theft committed: personnel, was contrary to human
a. By a domestic servant, or experience. (People v. Mejares, G.R.
225735, January 10, 2018)
b. With grave abuse of confidence, or
3. Theft is qualified if it is committed by one who
c. The property stolen is a:
has access to the place where stolen
i. Motor vehicle,
ii. Mail matter, property is kept. (ex. security guards, tellers)
iii. Large cattle, 4. A bank’s employees are entrusted with the
possession of money of the bank due to the
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confidence reposed in them and as such they Please see SPL reviewer on  P.D. 1612 Anti-
occupy positions of confidence. Thus, when Fencing Law & Its Implementing Rules and
a bank manager issues manager’s checks in Regulations p. 252
order to take money from certain accounts to
benefit himself and another, such manager is Chapter 4: Usurpation
guilty of qualified theft. (PNB v. Tria, G.R. No.
193250, April 25, 2012) Art. 312. Occupation of Real Property or
5. Theft by a laborer is only simple theft; not all Usurpation of Real Rights in Property
theft by a housemate is qualified theft. Any person who, by means of violence
6. Novation theory applies only when there is a against or intimidation of persons, shall take
contractual relationship between the accused possession of any real property or shall usurp
and complainant. any real rights in property belonging to
7. Theft by a domestic servant is always another
qualified.
8. PD 705: Any person who directly or indirectly
Elements:
cuts, gathers, removes, or smuggles timber,
1. That the offender takes possession of any
or other forest products from any of the public
real property, or usurps any real rights in
forest is penalized with Qualified Theft.
property;
2. That the real property or real rights belong to
Other Circumstances
another;
1. Theft of motor vehicle – Anti-Carnapping Act
3. That violence against or intimidation of
of 2016 (R.A. 10883)
persons is used by the offender in occupying
2. Theft of large cattle – Anti-Cattle Rustling Law
real property or usurpation of real rights in
of 1974 (P.D. No. 533)
property; and
Elements: [LEONEN]
4. That there is intent to gain.
a. large cattle is taken;
b. it belongs to another;
Usurpation and Theft or Robbery,
c. the taking is done without the consent of
Distinguished
the owner or raiser;
USURPATION THEFT OR ROBBERY
d. the taking is done by any means, method,
Occupation or Taking or asportation
or scheme;
usurpation
e. the taking is done with or without intent to
gain; and, Involves real property Involves personal
f. the taking is accomplished with or without or real right property
violence or intimidation against persons Intent to gain
or force upon things (Lopez v. People,
G.R. No. 212186, June 29, 2016) Notes:
1. Violence/intimidation must be the means
Art 311. Theft of the Property of the National used in occupying real property or usurping
Library and National Museum real right belonging to another.
General Rule: It has a fixed penalty regardless of 2. Criminal action is not a bar to civil action for
its value – Arresto Mayor or a fine ranging from forcible entry.
₱40,000 to ₱100,000, or both. 3. When there is no intent to gain, the crime
committed is coercion.
Exception: When a higher penalty should be 4. When there is no violence used and no intent
provided under other provisions of this Code. to gain, the crime is malicious mischief.
(e.g. theft with abuse of confidence penalty for
qualified theft) (Amended by RA 10951)
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Art. 313. Altering Boundaries or Landmarks have been adjudged

Any person who shall alter the boundary bankrupt or insolvent.
marks or monuments of towns, provinces, or
estates, or any other marks intended to Chapter 6: Swindling and Other Deceits
designate the boundaries of the same
Art. 315. Swindling (Estafa)
Elements:
1. That there be boundary marks or monuments Elements, in General:
of towns, provinces, or estates, or any other 1. Accused defrauded another;
marks intended to designate the boundaries 2. Damage or prejudice capable of pecuniary
of the same; and estimation is caused to the offended party or
2. That the offender alters said boundary marks. third person;
3. The element of damage or prejudice may
Notes: consist in:
1. Intent to gain or fraudulent intent is not a. The offended party being deprived of his
necessary; mere alteration is sufficient money or property, as a result of the
2. “Alter” has a general and indefinite meaning: defraudation;
to make something different without changing b. Disturbance in property rights; or
it into something else. c. Temporary prejudice.
Chapter 5: Culpable Insolvency Note:

Fraud, in its general sense, is deemed to
Art. 314. Fraudulent Insolvency comprise anything calculated to deceive,
Any person who shall abscond with his including all acts, omissions, and concealment
property to the prejudice of his creditors involving a breach of legal or equitable duty, trust,
or confidence justly reposed, resulting in damage
Elements: (DAP) (3) to another, or by which an undue and
1. Offender is a Debtor, that is, he has unconscientious advantage is taken of another.
obligations due and payable;
2. Offender Absconds with his property; and Three ways of committing Estafa
3. That there be Prejudice to his creditors. 1. With unfaithfulness or abuse of confidence;
2. By means of false pretenses or fraudulent
Notes: acts; or
1. Actual prejudice is required; mere intention to 3. Through Fraudulent Means.
prejudice is not sufficient.
2. May involve real property First way of committing Estafa (By
Unfaithfulness or Abuse of Confidence)
Fraudulent Insolvency under RPC and
Insolvency under Insolvency Law, Acts Punishable (3 Acts):
Distinguished 1. By altering the substance
FRAUDULENT  2. By misappropriation or conversion
INSOLVENCY  LAW 3. By taking undue advantage of the signature
INSOLVENCY
of the offended party in blank
Institution of The criminal act
insolvency should have been
Elements of Altering the Substance
proceedings is not committed after the
1. Offender has an onerous obligation to deliver
necessary. It is not institution of
something of value;
required that the insolvency
defendant should proceedings.
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2. He alters its substance, quantity, or quality; or after a criminal information/ complaint has
and already been filed.
3. Damage or prejudice is caused to another 6. There is no estafa through negligence.
Notes Second Element of Misappropriation or

1. When there is no agreement as to the quality Conversion: Three ways of committing Estafa
of the thing to be delivered, the delivery of the with Abuse of Confidence
thing in a state not acceptable to the 1. By misappropriating the thing received.
complainant is not estafa. Misappropriation means taking something for
2. Crime may arise even though the obligation one’s own benefit.
is based on an immoral or illegal 2. By converting the thing received. Conversion
consideration. means using or disposing of another’s
property as if it were one’s own.
Elements of Misappropriation or Conversion The words “convert” and “misappropriate”
1. Money, goods, or other personal property are connote an act of using or disposing of another’s
received by the offender in trust, or on property as if it were one’s own or devoting it to a
commission, or for administration, or under purpose or use different from that agreed upon.
any other obligation involving the duty to 3. By denying that the thing was received.
make delivery of, or to return, the same;
2. Such money or property is misappropriated Third element of Misappropriation or
by the offender, or is denied being received Conversion: Prejudice befalling “another”
by him; means any third person, and not merely to the
3. Such misappropriation or conversion or owner
denial is to the prejudice of another; and 1. A partner may be liable for estafa if he
4. There is a demand made by the offended misappropriates the share of another partner
party to the offender to account for the in profits or if he receives money/property for
property a specific purpose and later misappropriates
it
Notes:
1. Juridical possession (right of possession Fourth element of Misappropriation or
which may be set up against its owner) is Conversion: Demand, though not mentioned
transferred. by the provision of law, is necessary to
2. Transfer of juridical possession is distinct provide circumstantial evidence, if there is
from (a) transfer of material possession which failure to account upon demand
results in theft, or (b) transfer of ownership 1. Demand is not dispensed with even if:
which results in civil liability only. a. The offender cannot be located
3. It is presumed that the possession of, and title (BUT People v. Villegas [56 O.G. 11, 1938]
to, the thing delivered remains in the owner, held that if the offender is in hiding, it is a
when the delivery of a chattel has not the clear indication of a premeditated
effect of transferring the juridical possession intention to abscond with the thing
thereof, or title thereto. received and the offender could not have
4. Includes quasi-contracts and certain complied with the demand even if made,
contracts of bailment (deposit, lease, hence, demand is not necessary.)
commodatum, but not mutuum [loan of b. There was an agreement upon a specific
money]) time for delivery or return of the things
5. Criminal liability for estafa is not affected by received
subsequent novation of contract after estafa (BUT People v. Librea [48 O.G. 5305] held
has already been consummated or incurred, that, if the receipt signed by the accused
stipulated a specified date for the return
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of the thing, such specified date is in itself Offender is a private

a demand, dispensing with the need for a individual or even a Offender is usually a
subsequent demand to be made.) public officer who is public officer who is
not accountable for accountable for the
Estafa and Theft with abuse of confidence, public public funds/property
Distinguished funds/property
THEFT WITH Crime is committed by
ESTAFA ABUSE OF appropriating, taking,
Crime is committed
CONFIDENCE or
by
Offender receives the Offender takes the misappropriating/
misappropriating,
thing from the thin from the offended consenting, or
converting, or
offended party party through
denying having
In receiving the thing, abandonment or
received money,
In receiving the thing, the offender acquires negligence,
goods or other
the offender acquires only material or permitting any other
personal property
not only material but transitory person to take the
also juridical possession, while the public funds/property
possession of the juridical possession
thing. remains with the Elements of Taking Undue Advantage of the
offended party. Signature of the Offended Party in Blank
1. The paper with the signature of the offended
Test to distinguish Estafa from Theft: party is blank;
1. Whether the owner expects the immediate 2. The offended party should have delivered it
return of the thing he delivered to the to offender;
accused: 3. Above the signature of the offended party in
a. if yes, it is theft; the otherwise blank paper, a document is
b. otherwise, it is estafa; EXCEPTION: written by the offender without authority to do
where the offender is a servant, so; and
domestic, or employee in whom custody 4. The document so written creates a liability of,
of the thing delivered is only precarious or causes damage to, the offended party or
and for a temporary purpose or for a short any third person.
period, hence, juridical or constructive
possession remains with the owner Note: If the blank paper with the offended party’s
(Constructive possession is when the signature was stolen, the crime is falsification if
owner still has, under his control and the offender made it appear that the victim
management and subject to his participated in a transaction, when in fact he did
disposition, the thing even if actual not so participate therein.
physical possession is already
transferred). Second way of committing Estafa (By Means
of Deceit)
Estafa and Malversation, Distinguished Elements, in General:
ESTAFA WITH MALVERSATION 1. There must be a false pretense, fraudulent
ABUSE OF (ART. 217) act or fraudulent means;
CONFIDENCE 2. Such false pretense, fraudulent act or
Offenders are entrusted with funds or property fraudulent means must be made or executed
Considered as a continuing offense prior to or simultaneously with the
commission of the fraud;
Always involves Involves public funds or
private funds property
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3. The offended party must have relied on the 2. By altering the quality, fineness, or weight
false pretense, fraudulent act, or fraudulent of anything pertaining to the offender’s art
means, that is, he was induced to part with or business
his money or property because of the false
pretense, fraudulent act, or fraudulent 3. By pretending to have bribed any
means; and Government employee, without prejudice
4. As a result thereof, the offended party to the action for calumny which the
suffered damage offended party may deem proper to bring
against the offender
Estafa by means of deceit and Theft,
Distinguished 4. By postdating a check, or issuing a check
ESTAFA BY MEANS in payment of an obligation when the
THEFT
OF DECEIT offender had no funds in the bank, or his
Involves both material funds deposited therein were not
Involves only material sufficient to cover the amount of the
or physical
or physical check
possession and
possession a. Prima facie evidence of deceit: failure to
juridical possession
Always involves May or may not deposit the amount necessary to cover
deceit involve deceit check within three (3) days from receipt
of notice from bank of dishonor for
Acts Punishable: insufficiency of funds
1. By using fictitious name, or by falsely b. The check issued must be genuine, and
pretending to possess (a) power, (b) not falsified; otherwise, it is estafa by
influence, (c) qualifications, (d) property, means of false pretense or through
(e) credit, (f) agency, (g) business, or (h) falsification.
imaginary transactions, or by means of c. The obligation covered by the check
other similar deceits must be contracted at the time of the
a. It is indispensable that the element of issuance and delivery of the check;
deceit (i.e., the false statement or otherwise (i.e., if for a pre-exisiting
fraudulent representation) be made prior obligation), there is no estafa.
to, or at least simultaneously with, the d. The accused must be able to obtain
delivery of the thing, such that the deceit something from the offended party by
used constitutes the very cause or the means of the check – damage done to
only motive which induces the the offended party.
complainant to part with the thing e. There is no estafa if the postdated checks
are issued and intended merely as a
Note: Ponzi Scheme is syndicated Estafa defined security.
under paragraph 2(a) of Art. 315, in relation to PD f. The payee should not have been
1689 (Decree Increasing the Penalty for certain informed by the offender and the payee
forms of Swindling and Estafa). It is a type of should not have known that the offender
investment fraud that involves the payment of had no funds or insufficient funds. (Andan
purported returns to existing investors from funds v People, GR No 136388, March 14,
contributed by new investors. Its organizers often 2006)
solicit new investors by promising to invest funds
in opportunities claimed to generate high returns
with little or no risk.
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Estafa and Bouncing Checks Law (B.P. 22), Third way of committing Estafa (By
Distinguished Fraudulent Means)
ESTAFA BY
BOUNCING
POSTDATING A Acts Punishable (3 Acts):
CHECKS LAW
CHECK 1. By inducing another to sign any
Offender employed No deceit employed document
deceit (malum prohibitum) Elements:
Payee or person No damage a. The offender induced the offended party to
using receiving the necessary sign a document;
check must be b. Deceit was employed to make the offended
defrauded or party sign the document;
damaged (damage c. The offended party personally signed the
being the basis of document; and
penalty) d. Prejudice was caused
Does not cover May be issued to
checks issued for a cover for pre-existing Estafa and Falsification, Distinguished
pre-existing obligation (“for ESTAFA BY
obligation account or value”) INDUCING
FALSIFICATION
ANOTHER TO SIGN
ANY DOCUMENT
Please see SPL reviewer on: Bouncing
Checks Law (B.P. 22) and Administrative Misrepresentations Offended party was
Circular No. 12-2000 Re: Penalty for Violation as to the character of willing and ready from
of B.P. 22 the documents the beginning to sign
executed the document, in the
Administrative Circular No. 13-3001 Re: belief it contained
Clarification of A.C. 12- 2000) and P.D. No. statements made by
1689 (Increasing the Penalty for Certain him; but the offender,
Forms of Swindling on Estafa). in preparing the
document, attributed
to the offended party
5. By any of the following acts committed at
a hotel, inn, restaurant, boarding house, statements different
from those actually
lodging house, or apartment house
made by him
a. By obtaining food, refreshment or
accommodation therein without paying
therefor, with intent to defraud the 2. By resorting to some fraudulent practice
proprietor or manager thereof; to insure success in a gambling game
b. By obtaining credit therein by the use of
any false pretense; and 3. By removing, concealing or destroying
c. By abandoning or surreptitiously documents
removing any part of his baggage from Elements:
therein after obtaining credit, food, a. There are court records, office files,
refreshment, or accommodation therein, documents or any other papers;
without paying therefor b. The offender removed, concealed, or
destroyed any of them; and
c. The offender had intent to defraud another
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Elements of the Complex Crime of Estafa Estafa and Infidelity in custody of

through Falsification documents, Distinguished
1. For Estafa: ESTAFA BY
a. Deceit REMOVING, INFIDELITY IN
b. Damage CONCEALING, OR CUSTODY OF
2. For Falsification: DESTROYING DOCUMENTS
a. The offender is a public officer, DOCUMENTS
employee, or notary public; Similar in the manner of committing the offense
b. He takes advantage of his official Offender is a private Offender is a public
position; individual or even a officer who is officially
c. He falsifies a document by committing public officer who is entrusted with the
any of the acts defined under Art. 171 of not officially entrusted documents
the RPC with the documents
Intent to defraud Intent to defraud is not
Notes: required required
1. There is no complex crime of estafa through
falsification of private document.
Complex Crime of Estafa and Theft
2. If the falsification of a private document is
It is committed when theft is employed as a
committed as a means to commit estafa, the necessary means to commit estafa. (People vs.
proper crime to be charged is falsification. Yusay, 60 Phil. 598)
3. If the estafa can be committed without
necessity of falsifying a document, the proper
Illustration: A owns pawnshop tickets which he
crime to be charged is estafa. (Batulanon v
entrusted to B for safekeeping. A forgot about the
People, GR No 139857, September 15, entrustment and a week later, C took the ticket
2006) from B and refused to return it, despite insistent
4. [LEONEN] A public official was found liable
demands made by B for the return. Then, using a
for the complex crime for estafa through
fictitious name, C redeemed jewels using the
falsification of public documents when he
ticket without the knowledge and consent of A and
signed the documents given to him by his B. C committed theft, as a necessary means to
subordinates granting financial grant to a commit estafa: C took the ticket with intent to gain
fictitious NGO. The peculiar circumstances
and without the consent of either A or B. C then
attendant should have prompted a higher
used a fictitious name to redeem the jewels,
degree of circumspection on the part of the
thereby committing estafa.
public official and necessarily, he should go
beyond what his subordinates prepared. Notes:
(Escobar v. People, G.R. No. 205576,
1. Damage caused without deceit or without
November 20, 2017)
abuse of confidence gives rise only to civil
liability.
Estafa and Malicious Mischief, Distinguished 2. Ownership is not a necessary element of
ESTAFA BY estafa. In a case, A handed a check signed
MALICIOUS
DESTROYING by his father to B for the purpose of
MISCHIEF
DOCUMENTS exchanging the peso amount stated in the
Intent to defraud Intent to defraud is check with dollars. B subsequently ran away
required not required with the check without giving the appropriate
dollar equivalent. A may sue B even if the
former does not own the funds of the check
taken by B.
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3. If the subject matter of the offense is generic 3. That the offender should have Executed an
and not identifiable, such as money act of ownership (selling, leasing,
unlawfully taken, an error in the designation encumbering or mortgaging the real
of the offended party is fatal and would result property); and
in the acquittal of the accused. However, if 4. That the act be made to the Prejudice of the
the subject matter of the offense is specific owner or a third person
and identifiable, such as a warrant, a check,
or jewelries, an error in the designation of the Note:
offended party is immaterial for the purpose Claim of ownership is different from pretense of
of convicting the accused. (Senador v. Jaime, ownership: a good faith claimant of ownership
G.R. No. 201620, 2013) cannot be considered a mere pretender of
ownership, even if his claim is defective; hence,
Art 316. Other Forms of Swindling the claimant is not liable under the article.
Punishable Acts (6):
1. Conveying, selling, encumbering, or First act under other forms of swindling (Art.
mortgaging any real property, pretending 316, para. 1) and Estafa by falsely pretending
to be the owner of the same to possess property (Art. 315, para. 2(a)),
2. Disposing of real property as free from Distinguished
encumbrance, although such First act under Estafa by falsely
encumbrance be not recorded other form of pretending to
3. Wrongfully taking by the owner of his swindling possess property
personal property from its lawful Refers only to real Covers both real and
possessor property personal property
4. Executing a fictitious contract to the Covers a specific
prejudice of another (as distinguished situation where the
from fraudulent insolvency, however) offender exercises or
5. Accepting any compensation for services executes, as part of
not rendered the false Need not exercise or
6. Selling or mortgaging or encumbering representation, some execute some act of
real property or properties with which the act of dominion or dominion to prejudice
offender guaranteed the fulfillment of his ownership of the the real owner
obligation as surety property to the
damage and
Note: prejudice of the real
There must be actual damage, not merely intent owner of the thing
to cause damage, in view of the basis of the
penalty which is the “value of the damage caused. By disposing of real property as free from
encumbrance, although such encumbrance
By conveying, selling, encumbering, or be not recorded
mortgaging any real property, pretending to
be the owner of the same Elements (F-R-E-D) (4)
1. That the thing disposed of be Real property;
Elements (I-N-E-P) (4) 2. That the offender knew that the real
1. That the thing be Immovable, such as a property was Encumbered, whether the
parcel of land or a building; encumbrance is recorded or not;
2. That the offender, who is Not the owner of 3. That there must be express representation
said property, represented that he is the by the offender that the real property is
owner thereof; Free from encumbrance; and
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4. That the act of disposing of the real property Estafa by executing fictitious contract (Art.
be made to the Damage of another 316, para. 4) and Fraudulent Insolvency, (Art.
314) Distinguished
Notes: ESTAFA BY FRAUDULENT
1. The encumbrance must be legally EXECUTING ANY INSOLVENCY  Art.
constituted, notwithstanding the provision FICTITIOUS 314
“although such encumbrance be not CONTRACT
recorded”. Offender simulates a The conveyance is
2. The encumbrance includes every right or conveyance of his real and made for a
interest in the land which exists in favor of property consideration
third persons
3. The offended party must have been By accepting any compensation for services
deceived, i.e., he would not have granted the not rendered
loan had he known that the property was
already encumbered. Notes:
4. If personal property is involved, apply Art. 1. This crime requires fraud; otherwise, solutio
319. indebiti results for which only a civil obligation
arises.
By the owner wrongfully taking his personal 2. If the money in payment of a debt is delivered
property from its lawful possessor to a wrong person and said person refused or
failed to return the money to the owner
Elements: thereafter, it is estafa by denial of receipt of
1. That the offender is the owner of personal money, under Art. 315, 1(b).
property;
2. That said personal property is in the lawful By selling or mortgaging or encumbering real
possession of another; property or properties with which the offender
3. That the offender wrongfully takes it from its guaranteed the fulfillment of his obligation as
lawful possessor; and surety
4. That prejudice is thereby caused to the Elements:
possessor or third person 1. That the offender is a surety in a bond given
in a criminal or civil action;
Notes: 2. That he guaranteed the fulfillment of such
1. The act is punishable as theft when the owner obligation with his real property or properties;
of a property took it without the consent of the 3. That he sells, mortgages, or, in any other
lawful possessor, then charged the manner, encumbers said real property;
possessor with the value of the property, 4. That such sale, mortgage or encumbrance is
because there is intent to gain. a. without express authority from the court,
2. “Wrongful taking” does not include violence: or
a. With intent to gain – as this is robbery; or b. made before the cancellation of his bond,
b. Without intent to gain – as this is grave or
coercion. c. made before being relieved from the
obligation contracted by him
By executing a fictitious contract to the
prejudice of another distinguished from Art. 317. Swindling a Minor
fraudulent insolvency Any person who, taking advantage of the
inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to
assume any obligation or to give any release
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or execute a transfer of any property right in Notes:

consideration of some loan of money, credit or 1. Damage to the offended party is required.
other personal property, whether the loan 2. Scope – any other kind of conceivable deceit
clearly appears in the document or is shown may fall under this article
in any other form
Example: [LEONEN] X, an agent of an insurance
Elements: company, was convicted for the crime of estafa
1. That the offender takes advantage of the for allegedly inducing Y to enter into a fraudulent
inexperience or emotions or feelings of a investment opportunity. X made
minor; misrepresentations to Y that the latter’s money
2. That he induces such minor would be invested in the insurance company and
a. to assume an obligation, or not to an investment company. X did not employ
b. to give release, or any deceit in soliciting Y’s investments because
c. to execute a transfer of any property she did not use a fictitious name or pretend to
right; possess, power, agency, or certain qualifications,
3. That the consideration is so that X’s acts do not fall under Art. 315 (2)(a).
a. some loan of money, But she may be held liable for other deceits under
b. credit, or Article 318, which is intended as a catch-all
c. other personal property; and provision to cover all other kinds of deceit not
4. That the transaction is to the detriment of falling under Articles 315, 316, and 317 of the
such minor Revised Penal Code. (Osorio v. People, G.R. No.
207711, July 2, 2018)
Notes:
1. It is sufficient that the offender takes Chapter 7: Chattel Mortgage
advantage of the inexperience or emotions of
the minor. Art. 319. Removal, Sale or Pledge of
2. Actual proof of deceit or misrepresentation is Mortgaged Property
not necessary. Punishable Acts: (2)
3. Real property is not included. 1. Knowingly removing mortgaged personal
property
Art. 318. Other Deceits 2. Selling or pledging personal property
Any person who shall defraud or damage already pledged
another by any other deceit not mentioned in
the preceding articles of this chapter. Elements of Knowingly Removing Mortgaged
Personal Property (5)
Any person who, for profit or gain, shall 1. That personal property is mortgaged under
interpret dreams, make forecasts, tell the Chattel Mortgage Law;
fortunes, or take advantage of the credulity of 2. That the offender knows that such property is
the public in any other similar manner so mortgaged;
3. That he removes such mortgaged personal
Punishable Acts: property to any province or city other than the
1. By defrauding or damaging another by any one in which it was located at the time of the
other deceit not mentioned in preceding execution of the mortgage;
articles; and 4. That the removal is permanent; and
2. By interpreting dreams, making forecasts, 5. That there is no written consent of the
fortune-telling, or by taking advantage of the mortgagee or his executors, administrator or
credulity of the public in any other similar assignees to such removal.
manner, for profit or gain.
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Notes: should inform the consent of the

1. The offender need not be the mortgagor; it purchaser that the mortgagee in writing
may be “any person”. thing sold is
2. Purpose is to protect mortgagee who should mortgaged
be able to have a ready access to, and easy Consent of
reach of, the property subject of mortgage. mortgagee is
3. Chattel mortgage must be registered. Consent of mortgagee
material; knowledge
4. Removal must be coupled with intent to is immaterial
as to encumbrance is
defraud. not
5. Filing a civil action for collection instead for Purpose is to protect Purpose is to protect
foreclosure of chattel mortgage relieves the the mortgagee the purchaser
accused of criminal responsibility Both involve the selling of mortgaged property
Elements of Selling or Pledging Personal Chapter 8: Arson and Other Crimes Involving
Property Already Pledged (3) Destruction
1. That personal property is already pledged
under the terms of the Chattel Mortgage Law;
Arson is the malicious destruction of property by
2. That the offender, who is the mortgagor of
fire.
such property, sells or pledges the same or
any part thereof; and Three categories of the crime of Arson:
3. That there is no consent of the mortgagee
1. Destructive Arson (Art. 320, as amended by
written on the back of the mortgage and notes
R.A. 7659);
on the record thereof in the office of the
2. Simple Arson (Sec. 1, P.D. 1613); and
register of deeds 3. Other cases of arson (Sec. 3, P.D. 1613).
Note:
Punishable Acts/Persons Liable:
Damage to mortgagee is not essential. If damage
The penalty of reclusion perpetua to death shall
accrues, it may give rise to estafa by means of
be imposed upon:
deceit. 1. Any person who shall burn (7 acts)
a. One or more buildings or edifices,
Selling or pledging property already pledged
consequent to one single act or
(Art. 319, para. 2) and Estafa by disposing of
simultaneous acts of burning;
encumbered property (Art. 316, para. 2),
b. Building of public or private ownership
Distinguished generally open to public or where people
SELLING OR ESTAFA BY usually gather or congregate for a
PLEDGING DISPOSING OF purpose, regardless of whether the
PROPERTY ENCUMBERED offender had knowledge that there are
ALREADY PROPERTY persons present or whether building is
PLEDGED inhabited or not;
Personal property is c. Train or locomotive, ship or vessel,
involved (except if Real property is airship or airplane, for transportation or
house is subject to involved conveyance, public use, leisure or
chattel mortgage) entertainment;
Committed by the Sufficient that the real d. Building, factory, warehouse installation,
mere failure to obtain property mortgaged be and any appurtenance thereto for service
the consent of the sold as free, even of public utilities;
mortgagee in writing, though the vendor may e. Any building to conceal/destroy
even if the offender have obtained the incriminatory evidence, conceal
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bankruptcy, defraud creditors, or collect Second, the evidence was credible and sufficient
from insurance; to prove that the offender returned a few hours
f. Arsenal, shipyard, storehouse, or military later and made his way to the victim’s nipa hut.
power or fireworks factory, ordinance, Third, the evidence was also credible and
archives or general museum of the sufficient to prove that the offender was in close
Government; and proximity to the nipa hut before it caught fire.
g. Any factory/storehouse of inflammable or The stoning incident and the burning incident
explosive materials, in an uninhabited cannot be taken and analyzed separately.
place (Bacerra v. People,G.R. No. 204544)
2. Two (2) or more persons or a group of
persons who destroy property by fire Guidelines when death occurs on the
a. Irrespective of the abovementioned occasion of Arson (a special complex crime):
qualifying circumstances, and 1. If the intent was to burn the building, but
b. Regardless of whether the purpose is death results on the occasion or by reason of
merely to burn or destroy or as an overt burning the building, ARSON is committed,
act to commit another violation of law and the homicide is absorbed.
2. If there is intent to kill a particular person, and
Three (3) stages he resorted to arson or fire as a means of
1. Attempted: Offender commences the accomplishing the desired death of the victim
commission of the crime directly by overt acts – only MURDER is committed. Art. 248
but he does not perform all acts of execution includes as a qualifying circumstance the use
(i.e., was not able to light fire) due to timely of fire.
intervention of another. It is not necessary 3. If the objective is to kill a particular person,
that there be a fire (e.g., placing rags soaked and in fact, the offender had killed the victim,
in gasoline beside the wooden wall of building and fire is resorted to as a means to cover the
sufficient). killing, there are two separate crimes
2. Frustrated: Offender was able to light or set committed – MURDER and ARSON.
fire to the item or building, but the fire was put 4. Under The Anti-Terrorism Act of 2020
out before any part of it was burned (R.A. 11479), which expressly repealed the
3. Consummated: Offender was able to light a Human Security Act, the crime of arson is no
fire and to burn at least a part of building (e.g., longer expressly considered as “predicate
charring of the wood whereby the fiber of the crimes”- specific crimes or acts which could
wood is destroyed); EXCEPTION: when the constitute terrorism as enumerated in Section
contents of a building were set on fire, no part 3 of R.A. 9372. However, the act of arson
of the building need be burned in order that may still amount to terrorism under the
there be consummated arson broader formulation of terrorism under
Section 4 (b) and (c) of R.A. 11479 where
Example: [LEONEN] In this case, no one saw terrorism is committed by any person, who,
the offender actually set fire to the nipa hut. within or outside the Philippines, regardless
Nevertheless, the prosecution has established of the stage of execution, engages in acts
multiple circumstances, which, after being intended to cause “extensive damage or
considered in their entirety, support the destruction” to a government or public facility,
conclusion that petitioner is guilty beyond public place or private property or cause
reasonable doubt of simple arson. extensive interference with, damage or
First, the evidence was credible and sufficient to destruction to critical infrastructure when the
prove that the offender stoned the victim’s house purpose of such act, by its nature and
and threatened to burn him. context, to intimidate the general public or
segment thereof, create an atmosphere or
spread the message of fear, to provoke or
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influence by intimidation the government or Art. 327. Who Are Liable For Malicious
any international organization, or seriously Mischief
destabilize or destroy the fundamental Any person who shall deliberately cause the
political, economic, or social structures of the property of another any damage not falling
country, or create a public emergency or within the terms of the next preceding chapter
seriously undermine public safety.
5. There is NO complex crime of Arson with Elements of Malicious Mischief: (3)
(Multiple) Homicide. 1. That the offender deliberately caused
damage to the property of another;
Destructive and Simple Arson, Distinguished 2. That such act does not constitute arson or
DESTRUCTIVE SIMPLE ARSON   other crimes involving destruction; and
ARSON (ART. 320) (PD 1613) 3. That the act of damaging another’s property
Contemplates the be committed merely for the sake of
malicious burning of damaging it.
Contemplates the
public and private
malicious burning of Notes:
structures,
structures, both 1. Third element presupposes hate, revenge, or
regardless of size,
public and private, other evil motive of the offender or the mere
not in included in Art.
hotels, buildings, pleasure of destroying
320. These include
edifices, trains, 2. Damage includes not only loss but also
houses, dwellings,
vessels, aircraft, diminution (e.g. defacing another’s house)
government
factories and other 3. If there is no malice, as when damage
buildings, farms,
military, government, resulted from a crime or only incidental to the
mills, plantations,
or commercial commission of another crime, there is only
railways, bus
establishments by civil liability.
stations, airports,
any person or group 4. Intent to gain by removing or making use of
wharves, and other
of persons the fruits or objects of a property after it is
industrial
establishments damaged makes it theft (Art 308 par. 2).
Please see SPL reviewer on:
1. P.D. 1613 Anti-Arson Law Art. 328. Special Cases of Malicious Mischief
2. P.D. 1613 Expressly Repealed or Any person who shall cause damage to
Amended  Arts. 320-326(B); obstruct the performance of public functions,
3. P.D. 1744 Then Revived Art. 320; or use any poisonous or corrosive substance;
4. R.A. 7659 Amended The Provisions Of or spread any infection or contagion among
Art. 320; The Provisions of P.D. 1613 cattle; or who causes damage to the property
Inconsistent with R.A. 7659 are Repealed. of the National Museum or National Library, or
to any archive or registry, waterworks, road,
Chapter 9: Malicious Mischief promenade, or any other thing used in
common by the public
Malicious Mischief is the willful damaging of
another’s property for the sake of causing Qualified Malicious Mischief (3):
damage due to hate, revenge, or other evil 1. Causing damage to obstruct performance of
motive. public functions;
2. Using any poisonous or corrosive substance;
3. Spreading any infection or contagion among
cattle; and
4. Causing damage to property of National
Museum or National Library, or to any archive
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or registry, waterworks, road, promenade, or a. If there is no intent to kill, it is the

any other thing used in common by the complexed crime of damage to
public. means of communication with
homicide (in relation to Art. 48); and
Distinguished from Sedition b. If there is intent to kill, and damaging the
Although both involve the intent to obstruct the railways was used to accomplish the
performance of public functions, the element of criminal purpose, it is murder.
public and tumultuous uprising is not present in
Article 328. Art. 331. Destroying or Damaging Statues,
Public Monuments, or Paintings
Art. 329. Other Mischiefs Any person who shall destroy or damage
Mischiefs not included in Art. 328 statues or any other useful or ornamental
public monument
Examples:
1. Scattering human excrement in public Any person who shall destroy or damage any
building useful or ornamental painting of a public
2. Killing of cow as an act of revenge (value of nature
damage cannot be estimated)
3. A servant releasing a bird from cage as an act Punishable Acts:
of hate against its owner (value of the bird as 1. Destroy or Damage statues or any other
basis) useful or ornamental public monument; and
2. Destroy or damage any useful or ornamental
Art. 330. Damage and Obstruction to Means painting of a public nature
of Communication
Any person who shall damage any railway, Chapter 10: Exemptions from Criminal
telegraph or telephone lines (which, for the Liability in Crimes against Property
purpose of Article 330, pertain to the electric
wires, traction cables, signal system and Art. 332. Persons Exempt from Criminal
other things pertaining to railways as Liability
constituting an integral part of a railway No criminal, but only civil, liability shall result
system) from the commission of the crime of theft,
swindling or malicious mischief committed or
Notes: caused mutually by the following persons:
1. It is committed by damaging any railway (that
is, any component of its system), telegraph, 1. Spouses, ascendants and descendants, or
or telephone lines. relatives by affinity in the same line;
2. Telegraph or telephone lines must also
pertain to a railway system. 2. The widowed spouse with respect to the
3. Any derailment of cars, collision, or other property which belonged to the deceased
accident which was a result of the damage spouse before the same shall have passed
done shall be ground for the imposition of a into the possession of another; and
higher penalty. But such derailment must not
have been purposely sought by the offender. 3. Brothers and sisters and brothers-in-law
4. The object is to merely cause damage, as and sisters-in-law, if living together.
constructed with Crimes involving
Destruction (Art. 324), where the object is to The exemption established by this article shall
cause destruction. not be applicable to strangers participating in
5. When persons are killed: the commission of the crime
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Notes: 2. That she has sexual intercourse with a man

1. Crimes involved in the Exemption not her husband; and
a. Theft, 3. That as regards the man with whom she has
b. Swindling (estafa), and sexual intercourse, he must know her to be
c. Malicious mischief married
2. Persons exempted from criminal liability
for such crimes when caused mutually by Persons Liable:
them against each other 1. Married woman who engages in sexual
a. Spouses, ascendants and descendants, intercourse with a man not her husband; and
or relatives by affinity in the same line 2. The man who, knowing of the marriage of the
b. The widowed spouse with respect to the woman, has sexual intercourse with her
property which belonged to the deceased
spouse before the same passed into the Notes:
possession of another 1. The gist of the crime of adultery is the danger
c. Brothers and sisters and brothers-in-law of introducing spurious heirs into the family.
and sisters-in-law, if living together at the 2. Carnal knowledge may be proved by
time of the commission of the crime circumstantial evidence.
d. Stepfather/mother, adopted father/ 3. Each sexual intercourse constitutes a
mother, natural children, common-law separate crime of adultery. It is not a
spouse, concubine, paramour included continuing offense. Any act of infidelity
subsequent to condonation constitutes a new
Notes: offense that is subject to criminal prosecution.
1. The article does not apply to strangers 4. No crime of frustrated adultery
participating in the commission of the crime. 5. The offended party must be legally married to
2. There is only civil liability. the offender at the time of filing the complaint.
3. Does not apply to robbery or estafa through a. But even if the marriage is subsequently
falsification; hence, if a son committed estafa declared void, there is still adultery when
through falsification of a commercial the adulterous act is committed before
document against his father, he is criminally the marriage is judicially declared null
liable for the crime of falsification. and void in a final judgment.
6. Acquittal of one defendant does not operate
————— end of topic ————— as acquittal of the other:
a. There may not be a joint criminal intent
although there is a joint physical act.
J. CRIMES AGAINST CHASTITY
b. One of the parties may be insane and the
Chapter 1: Adultery and Concubinage other is sane.
c. The man may not know that the woman
Art. 333. Who Are Guilty Of Adultery is married.
Adultery is committed by any married women d. The death of the woman during the
who shall have sexual intercourse with a man pendency of the action cannot defeat the
not her husband, and by the man who has trial and convict the man. (U.S. v. De la
carnal knowledge of her, knowing her to be Torre and Gregorio, 25 Phil. 36)
married, even if the marriage be subsequently e. Even if the man had left the country and
declared void. could not be apprehended, the woman
can be tried and convicted. (U.S. v.
Elements: (3) Topiño and Guzman, 35 Phil. 901)
1. That the woman is married (even if marriage 7. Death of the offended party will not terminate
is subsequently declared void); the proceedings. However, if the offended
party dies before a complaint is filed, then the
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case cannot proceed because no one can 2. When the spouses sign an agreement that
sign the complaint, adultery being a crime they may each get any mate and live as
which cannot be prosecuted de oficio. husband and wife without any interference
Mitigating circumstances in Adultery Art. 334. Concubinage

1. Adultery is mitigated if the adulterous wife Any husband who shall keep a mistress in the
was abandoned without justification by his conjugal dwelling, or shall have sexual
spouse. intercourse under scandalous circumstances
a. Both the wife and her paramour are with a woman who is not his wife, or shall
entitled to this mitigating circumstance. cohabit with her in any other place
(People v. Avelino, C.A., 40 O.G., Supp.
11, 194) Elements: (3)
2. Sheer necessity, as when a woman was left 1. The man must be married (even if the
helpless by her husband (although justifiably, marriage may be subsequently declared
for it was in response to a duty) and in such a void);
great need that she found herself in the 2. He committed any of the following acts:
predicament of committing adultery for the a. Keeping a mistress in the conjugal
sake of her children, mitigates her liability. dwelling,
(People v. Alberto, et al., C.A., 47 O.G. 2438) b. Having sexual intercourse under
scandalous circumstances with a woman
Pardon by the offended party who is not his wife,
1. Express/implied pardon by the offender’s c. Cohabiting with her in any other place;
husband bars prosecution for adultery. 3. As regards the woman, she must know him to
2. Sexual intercourse by the offended husband be married.
with the offending spouse subsequent to the
adulterous conduct constitutes an implied Persons liable:
pardon. 1. The married man; and
2. The woman who knew that the man was
Requirements for Pardon to be effective (Art. married
344):
1. The pardon must come before the institution Definition of terms:
of the criminal prosecution; and 1. Conjugal Dwelling means the home of the
2. Both offenders must be pardoned by the husband and wife, even if the wife happens
offended party. to be temporarily absent on any account.
2. Scandal consists in any reprehensible word
Consent is a cause for dismissal of complaint or deed that offends public conscience,
1. Prior consent is as effective as subsequent redounds to the detriment of the feelings of
consent to bar the offended party from honest persons, and gives occasion to the
prosecuting the offense. neighbors’ spiritual damage and ruin
2. When consent is given, whether express or 3. Cohabit means to dwell together, in the
implied, the offended husband can no longer manner of husband and wife, for some period
institute the criminal complaint. of time, as distinguished from occasional,
transient interviews for unlawful intercourse
When is there consent? 4. Mistress – It is necessary that the woman is
1. When the husband does not interfere with his taken by the accused into the conjugal
wife’s adulterous relationship or has failed to dwelling as a concubine.
assert his rights
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Notes: circumstances. (People v Soria, GR No.

1. People in the vicinity are the best witnesses 179031, November 14, 2012)
to prove scandalous circumstances. 3. Definition of “Lascivious Conduct” (in
2. Adultery is more severely punished than relation to R.A. 7610, Section 5) – A crime
concubinage. Unlike adultery, concubinage is committed through the intentional touching,
a continuing crime. either directly or through the clothing, of the
genitalia, anus, groin, breast, inner thigh, or
Chapter 2: Rape and Acts of Lasciviousness buttocks with the intention to abuse,
humiliate, harass, degrade, or arouse or
Art. 335. When and How Rape Is Committed gratify the sexual desire of any person,
among others.
Note: Art. 335 has been repealed by R.A. No. 4. There is no attempted or frustrated crime of
8353 (Anti-Rape Law of 1997) acts of lasciviousness.
Art. 336. Acts of Lasciviousness Acts of Lasciviousness and Unjust Vexation,

Any person who shall commit any act of Distinguished
lasciviousness upon other person of either ACTS OF UNJUST  
sex, under any of the circumstances LASCIVIOUSNESS VEXATION
mentioned in rape There is lewd design The element of lewd
which may be inferred design is not present.
Elements: from the The alleged
1. That the offender commits any act of circumstances lascivious act was a
lasciviousness or lewdness; surrounding the mere incident of the
2. That the act of lasciviousness is committed commission of the embrace or the act
against a person of either sex; and crime, such as the was just committed
3. That it is done under any of the following place, time, other merely to satisfy a
circumstances: people’s presence silly whim.
a. by using force or intimidation, and the acts
b. when the offended party is deprived of complained of.
reason or otherwise unconscious,
c. by means of fraudulent machination or Acts of Lasciviousness and Attempted Rape,
grave abuse of authority, Distinguished
d. when the offended party is under 12 ACTS OF ATTEMPTED RAPE
years of age or is demented. LASCIVIOUSNESS
Offender’s lascivious Acts performed by
Notes: acts do not indicate offender clearly
1. Lewd is defined as obscene, lustful, indecent intent to have sexual indicate that his
or lecherous. It signifies the form of intercourse. purpose was to lie with
immorality which has relation to moral the offended party.
impurity; or that which is carried on in a
The lascivious acts The lascivious acts are
wanton manner.
are the final objective but preparatory acts to
2. That an accused is entertaining a lewd or
sought by the the commission of
unchaste design is necessarily a mental
offender. rape.
process, the existence of which can be
Manner of commission is the same
inferred by overt acts carrying out such
The performance of acts of lascivious character
intention. The presence or absence of lewd
is common to both.
designs is inferred from the nature of the acts
themselves and the environmental Offended party is a person of either sex.
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Acts of Lasciviousness and Grave Coercion, Chapter 3: Seduction, Corruption of Minors

Distinguished and White Slave Trade
ACTS OF GRAVE COERCION
LASCIVIOUSNESS Seduction - Enticing a woman to unlawful sexual
Compulsion is Compulsion is the intercourse by promise of marriage or other
included in the very act constituting means of persuasion without the use of force
constructive element the offense of grave
of force in the actual coercion. Art. 337. Qualified Seduction
act of lasciviousness. Seduction is committed when the offender has
carnal knowledge of any of the persons and
Cases on Acts of Lasciviousness under the circumstances described below.
1. In the absence of convincing proof that the
penis had slid into the female organ, rape The seduction of a virgin over twelve years and
was not committed. Where the victim merely under eighteen years of age, committed by any
stated that she was carried around the sala person in public authority, priest, home-servant,
with appellant's penis "touching" her vagina, domestic, guardian, teacher, or any person
it would not be right to conclude that the act who, in any capacity, shall be entrusted with the
of the penis "touching" the vagina was an education or custody of the woman seduced
entry or penetration, even slightly, of the labia
majora or the labia minora of the pudendum. Two classes of Qualified Seduction:
The appellant is guilty of acts of 1. Seduction of a virgin over 12 and under 18
lasciviousness and not rape. (People v. years of age by certain persons, such as a
Palma, G.R. No. 148869-74, December 11, person in authority, priest, teacher, etc.; and
2003) 2. Seduction of a sister by her brother, or
2. The appellant’s act of directing Analyn to seduction of a descendant by her ascendant,
remove her lower apparel constitutes an act regardless of her age or reputation
of lasciviousness under Article 336 of the (Incestuous Seduction)
RPC, and not rape. (People v. Aquino, G.R.
No. 139181, October 27, 2003) Elements of Qualified Seduction of a Virgin
(VASA) (4)
Crimes and Abuses against Chastity, 1. That the offended party is a Virgin, which is
Distinguished presumed if she is unmarried and of good
CRIME AGAINST ABUSES   reputation;
CHASTITY  (ACTS AGAINST  2. That she must be over 12 and under 18
OF years of Age;
CHASTITY  (ART.
LASCIVIOUSNESS) 3. That the offender has Sexual intercourse with
248)
her; and
The offender is, in a The offender is a
4. That there is Abuse of authority, confidence
majority of cases, a public officer.
or relationship on the part of the offender
private individual.
It is necessary that A mere immoral or Persons liable:
some actual act of indecent proposal 1. Those who abused their authority:
lasciviousness should made earnestly and a. Person in public authority
have been executed persistently is b. Guardian
by the offender. sufficient. c. Teacher
d. Person who, in any capacity, is entrusted
with the education or custody of the
woman seduced
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2. Those who abused confidence reposed in 2. That she must be of good reputation, single
them: or a widow;
a. Priest 3. That the offender has sexual intercourse with
b. House servant her; and
c. Domestic (any person living in the same 4. That it is committed by means of deceit
roof; may be temporary or permanent, as
long as in the same house.) Notes:
3. Those who abused their relationship: 1. Virginity of the victim is not required.
a. Brother who seduced his sister 2. Deceit generally takes the form of an
b. Ascendant who seduced his descendant unfulfilled promise to marry.
(The relationship must be by 3. There is no continuing offense of seduction.
consanguinity but need not be 4. If there is no sexual intercourse, the crime
legitimate.) committed is only acts of lasciviousness.
5. The man may be willing and ready to marry
Notes: the girl, but simple seduction is still committed
1. Penalty for qualified seduction of a sister or when the man knows that the offended party
descendant is higher than qualified seduction cannot legally consent to marriage because
of a virgin. of her minority.
2. Deceit is not an element of qualified
seduction but it is an element of simple The following do not constitute Deceit:
seduction. 1. Promise of material things
3. In Abuse of Confidence, acts are punished 2. Promise of marriage by a married man, whom
because of the character of the person the victim knew to be married
committing the same, on account of the 3. Promise of marriage after sexual intercourse
excess of power/authority or abuse of
confidence/relationship. Art. 339. Acts of Lasciviousness with the
4. A virgin is a virtuous woman of good Consent of the Offended Party
reputation. Any other acts of lasciviousness committed
5. The offended party need not be a virgin in the by the same persons and under the same
case of incestuous seduction. circumstances as those provided in Articles
6. An accused charged with rape cannot be 337 and 338
convicted of qualified seduction under the
same information. Elements:
7. If any of the circumstances in the crime of 1. That the offender commits acts of
rape is present, the crime is not to be lasciviousness or lewdness;
punished under Article 337 but under Art. 2. That the acts are committed upon a woman
226-A or 226-B. who is a virgin or single or a widow of good
8. If there is no sexual intercourse, the crime reputation, under 18 years of age but over 12
would only be acts of lasciviousness. years, or a sister or descendant regardless of
her reputation or age; and
Art. 338. Simple Seduction 3. That the offender accomplishes the acts by
The seduction of a woman who is single or a abuse of authority, confidence, relationship,
widow of good reputation, over twelve but or deceit
under eighteen years of age, committed by
means of deceit Notes:
Elements: (4) 1. A male cannot be the offended party here.
1. That the offended party is over 12 and under 2. It is necessary that the crime be committed
18 years of age; under circumstances which would make it
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qualified or simple seduction had there been Please see SPL reviewer on R.A. 7610,
sexual intercourse. Particularly on Child Trafficking, Child
3. Consent is obtained by abuse of authority, Prostitution and Persons Liable for
confidence, or relationship, or by means of Committing Child Prostitution
deceit.
Art. 341. White Slave Trade
Acts of Lasciviousness with consent and Any person who, in any manner, or under any
Acts of Lasciviousness under Art. 336, pretext, shall engage in the business of, or
Distinguished shall profit by, prostitution, or shall enlist the
ACTS OF ACTS OF services of any other person for the purpose
LASCIVIOUSNESS LASCIVIOUSNESS of prostitution
WITH CONSENT OF (ART. 336)
OFFENDED PARTY Acts Penalized:
(ART. 339) 1. Engaging in the business of prostitution;
Acts are committed Acts are committed 2. Profiting by prostitution; and
under circumstances under circumstances 3. Enlisting the service of women for the
which, had there been which, had there been purpose of prostitution
carnal knowledge, carnal knowledge, Notes:
would amount to would amount to rape 1. One of those above-mentioned acts is
either qualified or sufficient to constitute the offense.
simple seduction 2. Habituality is not a necessary element of this
*There may be crime.
consent, but there is 3. Offender need not be owner of the house
abuse of authority, used for prostitution and need not be present
relationship, there at time of the raid; it suffices that he
confidence, or maintains or engages in the business carried
deceit out there.
4. “Under any pretext” – if the real purpose is
Art. 340. Corruption of Minors prostitution, it does not matter if one engages
Any person who shall promote or facilitate the the services of a woman ostensibly as a
prostitution or corruption of persons underage maid, for example.
to satisfy the lust of another
Chapter 4: Abduction
Notes:
1. The act punishable is the promotion or Abduction - The taking away of a woman from
facilitating the prostitution or corruption of her house or the place where she may be for the
persons underage (under 18) to satisfy the purpose of carrying her to another place, with the
lust of another. intent to marry or to corrupt her.
2. A mere proposal will consummate the
offense. It is not necessary that the unchaste ART. 342. Forcible Abduction
acts shall have been done to the minor. Abduction of any woman against her will and
3. A single act without abuse of authority or with lewd designs
confidence is now a crime, pursuant to B.P.
Blg. 92. Elements: (3)
4. Victim must be of good reputation, not a 1. That the person abducted is any woman,
prostitute or a corrupted person. regardless of her age, civil status, or
reputation;
2. That the abduction is against her will; and
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3. That the abduction is with lewd designs Forcible Abduction and Corruption of Minors,
Distinguished
Notes: FORCIBLE  CORRUPTION OF
1. If child-victim is under 12 years of age, the ABDUCTION MINORS
crime is forcible abduction even if she If the minor was If the purpose of
voluntarily goes with her abductor. abducted by the abduction is to lend
2. “Taking away” must be against the will of the accused with lewd her to illicit
woman. This may be accomplished by means design on his part intercourse with
of deceit first and then by means of violence others
and intimidation.
3. Actual intercourse is not necessary. Lewd Distinguished from rape
designs may be shown by conduct of the 1. If there was abduction but the resistance of
accused. Intent to seduce the girl is sufficient. the woman to the alleged rape was not
4. Lewd design is present in a hurried marriage tenacious, the accused would be guilty only
ceremony by force, where the marriage is of abduction.
merely an artifice by which the accused 2. Rape may absorb forcible abduction if the
sought to escape the criminal consequences main objective was to rape the victim.
of his acts.
5. The husband may not be held liable for the Case on Forcible Abduction
abduction of his wife as lewd design is The Court has previously ruled that if the victim's
wanting. consent was obtained through deceit and there
6. If there are several defendants, it is enough was therefore no valid consent, the crime is
that one of them had lewd designs and the forcible abduction, as the deceit may be
others knew about it. considered as constructive force. The second
7. Nature of crime: against liberty, honor and element, lewd design, was established by the
reputation, and public order actual rapes. (People v. Caraang, G.R. No.
8. There must be only one complex crime of 148424- 27, December 11, 2003)
forcible abduction with (one) rape.
Subsequent rapes committed should be Forcible abduction with rape
considered independent of the abduction. [LEONEN] The facts show that after raping the
9. Conviction for acts of lasciviousness is not a victim, the offender continued to detain her and
bar to conviction for forcible abduction. refused to release her. Thus, although the initial
abduction may have been absorbed by the crime
Forcible Abduction v. Grave Coercion v. of rape, the continued detention after the rape
Kidnapping cannot be deemed absorbed in it. Likewise, since
1. Presence of lewd design makes it forcible the detention continued after the rape had been
abduction. completed, it cannot be deemed a necessary
2. When there is no lewd design and no means for the crime of rape. (People v.
deprivation of liberty, it is coercion. Concepcion, G.R. No. 214886, April 4, 2018)
3. There is kidnapping and serious illegal
detention if there was deprivation of liberty Age and Reputation of the victim are
with no lewd design. immaterial in:
4. If there was violent taking of the woman 1. Rape;
motivated by lewd design and the victim was 2. Acts of lasciviousness against the will or
raped, the crime committed is forcible without the consent of the offended party;
abduction with rape instead of kidnapping 3. Qualified seduction of sister or descendant;
with rape. Attempt to rape is absorbed in the and
crime of forcible abduction. 4. Forcible Abduction
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Art. 343. Consented Abduction Effect of Marriage

Abduction of a virgin over twelve years and General Rule: Marriage in good faith of the
under eighteen years of age, carried out with offender with the offended party extinguishes the
her consent and with lewd designs criminal action or remits the penalty already
imposed upon him. This applies as well to
Elements: (4) accomplices and accessories-after-the-fact.
1. That the offended party must be a virgin (not Exception: In case of rape, marriage
necessarily in a physical sense, since the extinguishes the criminal action only as to the
term includes virtuous women of good principal but not as to the accomplices and
reputation); accessories. This rule also does not apply to
2. That she must be over 12 and under 18 years parties guilty of concubinage and adultery.
of age;
3. That the taking away of the offended party Notes:
must be with her consent, after solicitation or 1. Art. 344 was enacted “out of consideration for
cajolery from the offender; and the offended woman and her family who
4. That the taking away of the offended party might prefer to suffer the outrage in silence
must be with lewd designs. rather than go through with the scandal of a
public trial.”
Notes: 2. Rape is now a crime against persons, and
1. If the virgin is under 12 years of age, the thus, may be prosecuted de oficio or upon
crime committed is forcible abduction, even if complaint of any person.
the girl consented to the elopement. 3. In adultery and concubinage, both offenders
2. The abduction of the victim need not be with must be included in the complaint, even if
some character of permanence. only one is guilty.
3. The victim need not be taken from her house. 4. When the offended party is of age and is in
It is sufficient that the abductor was complete possession of her mental and
instrumental to her escape. physical faculties, she alone can file the
4. There can be consented abduction with rape. complaint (applies to crimes against chastity).
The complaint must be filed in court and not
Chapter 5: Provisions Relative to the with the prosecutor.
Preceding Chapters of Title Eleven
Pardon in Crimes against Chastity
Art. 344. Prosecution of the Crimes of 1. Express or implied pardon by the offended
Adultery, Concubinage, Seduction, party is a bar to prosecution for adultery or
Abduction, and Acts of Lasciviousness concubinage. However, pardon must extend
1. Adultery and concubinage must be to both offenders and must come before the
prosecuted upon complaint signed by the institution of the criminal action.
offended spouse. 2. Express pardon by the offended party or
2. Seduction, abduction, or acts of other persons named in the law, as the case
lasciviousness must be prosecuted upon may be, is a bar to prosecution for seduction,
complaint signed by: abduction, rape or acts of lasciviousness.
i. offended party, Pardon in seduction must also come before
ii. her parents, the institution of criminal action.
iii. grandparents, or
iv. legal guardians. Pardon By Parents, Grandparents or
*In the order in which they are named Guardian Must Be Accompanied by the
above. Express Pardon of the Girl Herself
Pardon must be granted directly by the offended
party and it is only when she is dead or otherwise
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incapacitated to grant it, that her parents, 7. White slave trade

grandparents or guardian may do so for her. (U.S. 8. Forcible abduction
v. Luna, 1 Phil. 360) 9. Consented abduction
Art. 345. Civil Liability of Persons Guilty of Other instance when accomplice is punished
Crimes against Chastity as principal:
Anyone who shall furnish the place for the
Notes: perpetration of slight illegal detention shall
1. The adulterer and concubine in the case receive the same penalty for the crime. (Reyes,
provided for in Articles 333 and 334 may also Book Two, p.998, Art. 268 par. 2)
be sentenced, in the same proceeding or in a Compare Prosecution For Acts Of
separate civil proceeding, to indemnify for Lasciviousness Under Art. 336 of the RPC and
damages caused to the offended spouse. R.A. 7610, As Amended
2. There is no civil liability for Acts of
Lasciviousness. [LEONEN] If the acts constituting sexual assault
3. Moral damages may be awarded to the are committed against a victim under 12 years of
offended party, and her parents, for age or is demented, the nomenclature of the
seduction, abduction, rape, other lascivious offense should now be "Sexual Assault under
acts (Art. 2219 Civil Code). paragraph 2, Article 266-A of the RPC in relation
4. In multiple rapes by multiple offenders, all of to Section 5 (b) of R.A. No. 7610" and no longer
them must support offspring. No one may be '"Acts of Lasciviousness under Article 336 of the
made to acknowledge his offspring. RPC in relation to Section 5 (b) of R.A. No. 7610,"
5. The offender in a rape case who is married because sexual assault as a form of acts of
is no longer prohibited from acknowledging lasciviousness is no longer covered by Article 336
his offspring because, since the child is but by Article 266-A (2) of the RPC, as amended
illegitimate, the Family Code automatically by R.A. No. 8353. Nevertheless, the imposable
confers parental authority to the mother. He penalty is still reclusion temporal in its medium
can, however, only be sentenced to indemnify period, and not prision mayor. The penalty
the victim and support his offspring. The imposed is likewise modified to reclusion
amount and terms of support should be temporal in its medium period instead of prision
determined only after due notice and hearing. mayor as prescribed in Article 266-A, paragraph
6. Only indemnity is allowed in rape of a 2 of the Revised Penal Code. (People v.
married woman. The defendant cannot be Sumayod y Osano, G.R. No. 230626, March 9,
sentenced to acknowledge and support the 2020)
offspring.
Jurisprudence:
Art. 346. Liability of Ascendants, Guardians, 1. The implementing rules elaborated on this
Teachers, or Other Persons Entrusted with definition when it defined a “child” as one who
Custody of Offended Party is below 18 years of age or over said age
who, upon evaluation of a qualified physician,
Provision is applicable to the following psychologist or psychiatrist, is found to be
crimes: incapable of taking care of herself fully
1. Rape because of a physical or mental disability or
2. Acts of lasciviousness condition or of protecting herself from abuse.
3. Qualified seduction (People v. Abello, G.R. No. 151952, March
4. Simple seduction 25, 2009)
5. Acts of lasciviousness with consent of the 2. Under Section 5(b), Article III of R.A. 7610 in
offended party relation to R.A. 8353, if the victim of sexual
6. Corruption of minors abuse is below 12 years of age, the offender
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should not be prosecuted for sexual abuse K. CRIMES AGAINST CIVIL STATUS OF
but for statutory rape under Art. 266-A(1)(d) PERSONS
of the RPC and penalized with reclusion
Chapter 1: Simulation of Births and
perpetua. If the victim is 12 years or older, the Usurpation of Civil Status
offender should be charged with either sexual
abuse under Section 5(b) of R.A. 7610 or
Art. 347. Simulation of Births, Substitution of
rape under Art. 266-A (except paragraph 1[d])
One Child for Another, and Concealment or
of the RPC. However, the offender cannot be
Abandonment of a Legitimate Child
accused of both crimes for the same act
Any person who shall conceal or abandon any
because his right against double jeopardy will
legitimate child with intent to cause such child
be prejudiced. Likewise, rape cannot be
to lose its civil status, or conceal or abandon
complexed with a violation of Section 5(b) of
any legitimate child, with intent to cause such
R.A. 7610. Under Section 48 of the RPC (on
child to lose its civil status,
complex crimes), a felony under the RPC
(such as rape) cannot be complexed with an
Any physician or surgeon or public officer who,
offense penalized by a special law. (People v.
in violation of the duties of his profession or
Abay, G.R. No. 177752, February 24, 2009)
office, shall cooperate in the execution of any
of the acts aforementioned
Punishable Acts: (SSC) (3)

Please see SPL reviewer on: 1. Simulation of births,
1. R.A. 9208, Anti-Trafficking in Persons Act 2. Substitution of one child for another, or
of 2003 Particularly Sec 4. Acts of 3. Concealing or abandoning any legitimate
Trafficking in Persons, Sec 5. Acts that child with intent to cause such child to lose its
Promote Trafficking in Persons And Sec civil status.
6. Qualified Trafficking in Persons
2. R.A. 9995, Anti-Photo and Video Elements of Simulation of Births:
Voyeurism Act 2009, Particularly, 1. The child is baptized or registered in the
Sections 3, 4, 6 & 7 Registry of birth as the offender’s;
3. R.A. 9262 Anti-Violence against Women 2. Thus, the child loses its real status and
and their Children Act of 2004 Particularly acquires a new one; and
Psychological Violence Punishable Acts, 3. The offender’s purpose was to cause the loss
Sec 5(G) of any trace as to the child’s true filiation
4. R.A. 7610, As amended Special
Protection of Children against Child Elements of Concealing or Abandoning any
Abuse, Exploitation and Discrimination legitimate child with the intent to cause such
Act Particularly Sections 5, 6, 7 and 8. child to lose its civil status:
1. The child must be legitimate, fully developed
and a living being;
2. The offender conceals or abandons such
child; and
3. The offender has the intent to cause the child
to lose its civil status
Notes:
1. In simulation, the person’s civil status must
be altered.
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2. Simulation involves a woman pretending to 2. Qualifying Circumstance: purpose of the

be pregnant when in fact she is not. The impersonation is to defraud the offended
woman who simulates birth and the woman party or his heirs.
who furnishes the child are both responsible 3. This article includes usurpation of profession.
as principals. 4. It is absolutely necessary that there is intent
3. The fact that the child will be benefited by the to enjoy the rights arising from the civil status
simulation of birth is not a defense since it of the person impersonated.
creates a false status to the detriment of the
members of the family to which the child is Chapter 2: Illegal Marriages
introduced.
4. A father who sells his child is not liable for Art. 349. Bigamy
“abandonment” under this article. The Any person who shall contract a second or
practice of abandoning newly-born infants subsequent marriage before the former
and very young children at the doors of marriage has been legally dissolved, or
hospitals, churches, and other religious before the absent spouse has been declared
institutions, which was formerly well known in presumptively dead by means of a judgment
Spain, is what the act of “abandonment” rendered in the proper proceedings
contemplates.
Elements: (4)
Abandoning a Legitimate Child and 1. That the offender has been legally married;
Abandoning Minor under Art. 276, 2. That the marriage has not been legally
Distinguished dissolved or, in case his or her spouse is
ABANDONING A ABANDONING A absent, the absent spouse could not yet be
CHILD (ART. 347) MINOR (ART. 276) presumed dead according to the Civil Code;
The offender is any The offender must be 3. That he or she contracts a second or
person. one who has custody subsequent marriage; and
of the child. 4. That the second or subsequent marriage has
The purpose is to The purpose is to all the essential requisites for validity.
cause the child to lose avoid the obligation
its civil status. of rearing and caring Notes:
for the child. 1. The crime of bigamy does not fall within the
category of private crimes. Hence, it can be
Art. 348. Usurpation of Civil Status prosecuted even without the initiative of the
Any person who shall usurp the civil status of offended party.
another, should he do so for the purpose of 2. The fact that the first marriage is void from the
defrauding the offended party or his heirs beginning is not a defense in a bigamy
charge. There is a need for judicial
Usurpation of civil status is committed by a declaration of the nullity of the first marriage.
person who assumes the filiation, or the parental Similarly, there must also be a summary
or conjugal rights, of another. proceeding to declare the absent spouse
presumptively dead for purposes of
Notes: remarriage.
1. Criminal intent of the offender to enjoy the 3. Even if the first marriage was subsequently
civil rights of another/the individual annulled, there is bigamy if the second
impersonated, knowing he is not entitled marriage took place during the existence of
thereto, is necessary to constitute this crime. the first marriage. In such a situation, the
validity of the first marriage is not a prejudicial
question to the liability of bigamy.
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4. The validity of the second marriage is a the discovery of the second marriage by the
prejudicial question to the liability for bigamy. offended spouse.
However, in Tenebro v CA, GR No. 150578,
February 18, 2004, the SC held that the Effect of Divorce
nullity of the second marriage is immaterial in 1. Divorce granted by a foreign court has no
a prosecution for the crime of bigamy. “A plain effect. Residence is not sufficient to confer
reading of [Art. 349] would indicate that the jurisdiction on the court of that state. This
provision penalizes the mere act of applies to those domiciled in the Philippines
contracting a second or subsequent marriage although they contracted marriage
during the subsistence of a valid marriage. elsewhere.
xxx [T]here is no cogent reason for 2. Divorce obtained abroad by alien spouse
distinguishing between a subsequent which capacitates him or her to remarry
marriage that is null and void purely because shall likewise restore the Filipino
it is a second marriage, and a subsequent spouse’s capacity to remarry under
marriage that is null and void on the ground Philippine Law. (Art. 26[2], Family Code)
of psychological incapacity, at least insofar as
criminal liability for bigamy is concerned.” (A Burden of Proof in Bigamy
dissenting opinion from Justice Carpio and 1. Once the prosecution has established that
others points out that the majority opinion the defendant was already married at the
unduly disregards the fourth element of time he contracted the second marriage, the
bigamy and jurisprudence thereon.) burden of proof to show the prior dissolution
5. One convicted for bigamy may be prosecuted of the first marriage is upon the defense.
for concubinage, as they are distinct 2. When a person marries twice, the second
offenses. However, the second spouse is not marriage is presumed valid and the former
necessarily liable for bigamy. one is presumed to have been dissolved by
6. One who falsely vouches for the capacity to death or divorce. But this presumption may
marry of either of the contracting parties, yield to circumstances.
knowing that one of the parties is already
married, is an accomplice. Jurisprudence:
7. If the accused, in contracting the second The mere private act of signing a marriage
marriage, acting on the honest belief that he contract bears no semblance to a valid marriage
was lawfully divorce from his first wife, he is and, thus, needs no judicial declaration of nullity.
liable for bigamy through reckless Such act alone, without more, cannot be deemed
imprudence. ((Reyes, Book Two, p.1010, to constitute an ostensibly valid marriage for
citing People v. Schneckenburger, C.A., G. R. which petitioner might be held liable for bigamy
No. 2457, August 31, 1938) unless he first secures a judicial declaration of its
8. A pardon by the offended party does not nullity before he contracts a subsequent
extinguish the criminal action, considering marriage. (Morigo v. People, G.R. No. 145226,
that bigamy is a public offense which can be February 06, 2004)
denounced not only by the person affected
thereby but even by a civic-spirited citizen For the accused to be held guilty of bigamy, the
who may come to know the same. prosecution is burdened to prove the following:
9. The false application for a marriage license (a) he/she has been legally married; and (b)
which the person guilty of bigamy swore to, he/she contracts a subsequent marriage without
although felonious, should be considered the former marriage having been lawfully
absorbed in the crime of bigamy since it is a dissolved. The felony is consummated on the
routine step in contracting any marriage. celebration of the second or subsequent
10. The 15-year prescriptive period for the crime marriage. It is essential in a prosecution for
of bigamy must be counted from the date of bigamy that the alleged second marriage, having
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all the essential requirements, would be valid Art. 350. Marriage Contracted against
were it not for the subsistence of the first Provisions of Laws
marriage. (Manuel v.People, G.R. No. 165842. Any person who, without being included in the
November 29, 2005) provisions of the next proceeding article, shall
contract marriage knowing that the
[LEONEN] The second or subsequent marriage requirements of the law have not been
contemplated under Article 349 of the RPC is a complied with or that the marriage is in
marriage entered into under the law. It is essential disregard of a legal impediment
in the prosecution for bigamy that the alleged
second marriage, having all the essential Elements: (2)
requirements, would be valid were it not for the 1. That the offender contracted marriage; and
subsistence of the first marriage. Religious 2. That he knew at the time that:
marriages are recognized in and may be a. Requirements of law were not complied
governed by our laws only if they conform to legal with, or
requirements. Religious marriages that lack legal b. The marriage was in disregard of a legal
requirements are invalid. They are not considered impediment.
entered into under the law. X’s marriage was
conducted without the authority of a solemnizing Qualifying circumstance: if either of the
officer, making it void. Therefore, it cannot be contracting parties obtains the consent of the
considered as the subsequent marriage other by means of violence, intimidation or fraud.
contemplated in the RPC. (Perfecto v. Esidera,
A.M. No. RTJ-15-2417 (Resolution), July 22, Requirements of the Law for Valid Marriage:
2015) (Arts. 2 and 3 of the Family Code)
1. Legal capacity of the contracting parties who
[LEONEN] The law provides that a judicial must be male and female;
declaration of nullity is indispensable for the 2. Consent freely given in the presence of the
purposes of remarriage. In the case of Teves v. solemnizing officer;
People, it was settled that a declaration of the 3. Authority of the solemnizing officer;
absolute nullity of a marriage is now explicitly 4. A valid marriage license, except in marriages
required either as a cause of action or a ground of exceptional character; and
for defense. Where the absolute nullity of a 5. A marriage ceremony which takes place with
previous marriage is sought to be invoked for the appearance of the contracting parties
purposes of contracting a second marriage, the before the solemnizing officer and their
sole basis acceptable in law for said projected personal declaration that they take each
marriage to be free from legal infirmity is a final other as husband and wife in the presence of
judgment declaring the previous marriage void. X not less than two witnesses of legal age
cannot claim to have been in good faith in
assuming that there was no legal impediment for Notes:
him to remarry based merely on the National 1. Uncles and nieces cannot marry because
Statistics Office's issuance of a Certificate of No their relationship is a legal impediment.
Marriage Record. Based on X and Y’s Marriage (Reyes, Book Two, p.1018)
Certificate, along with the photos of the wedding 2. Conviction for violation of Art. 350 involves
ceremony, they were indeed married. (Jumaquio moral turpitude. The convicted respondent is
v. People, GR 224742, August 7, 2019). thus disqualified from being admitted into the
Bar.
3. The offender must not be liable for bigamy.
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Art. 351. Premature Marriages Punishable Act

Performance or authorization, by a priest or
Note: minister of any religious denomination or sect or
Art. 351 has been repealed by Republic Act. No. by civil authorities, of any illegal marriage
10655, An Act Repealing the Crime of Premature ceremony
Marriages. (Reyes, Book Two, p.1019)
Exception
Persons liable: A clergyman who performed a marriage
1. A widow who married within 301 days from ceremony without knowledge of the minority age
the date of the death of her husband, or of one of the parties, is not liable.
before having delivered if she is pregnant at
the time of his death; and Note:
2. A woman whose marriage having been The offender must be authorized to solemnize
dissolved or annulled, married before her marriages.
delivery or before the expiration of the period
of 301 days after the date of the legal ———— end of topic ————
separation
L. CRIMES AGAINST HONOR
Notes:
1. Period may be disregarded if the first Chapter 1: Libel
husband was impotent or sterile or if the
woman was pregnant before the death of the Section 1. – Definition, Forms, and
first husband and gave birth within the said Punishment of this Crime
period
2. The period of 301 days is important only in Art. 353. Definition of Libel/Defamation
cases where the woman is not pregnant, or Libel - Public and malicious imputation of a
does not know that she is pregnant at the crime, or a vice or defect, real or imaginary, or
time she becomes a widow. If she is pregnant any act, omission, condition, status or
at such time, the prohibition is good only up circumstance tending to cause the dishonor,
to delivery. discredit or contempt of a natural or juridical
person, or to blacken the memory of one who
Purpose of the law is dead. It must be committed through any of
Since the purpose of punishing the foregoing acts the acts enumerated in Art. 355.
is to prevent cases of doubtful paternity, the
woman will not be liable thereunder if: (a) she has Defamation may be libel or slander. Defamation
already delivered; and (b) she has conclusive is the proper term for libel as used in Art. 353.
proof that she was not pregnant by her first
spouse since he was permanently sterile. (People Elements:
v. Masinsin, C.A., 49 O.G. 390) 1. That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or any
Art. 352. Performance of Illegal Marriage act, omission, condition, status, or
Ceremony circumstance (defamatory imputation);
Priests or ministers of any religious 2. That the imputation must be made publicly;
denomination or sect, or civil authorities who 3. That it must be malicious;
shall perform or authorize any illegal marriage 4. That it must be directed at a natural or
ceremony juridical person, or one who is dead; and
5. That it must tend to cause the dishonor,
discredit or contempt of the person defamed
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Publication is the communication of the the description of the person referred to in the
defamatory matter to some third person/s (not to defamatory publication was sufficiently clear so
the offended party or not just to him/her). that at least a third person would have identified
the offended party.
Kinds of Malice
1. Malice in Law is presumed from a defamatory Presumption of Publication
imputation. Proof of malice is not required; To presume publication, there must be a
malice may be taken for granted as attending reasonable probability that the alleged libelous
the imputation in view of the grossness of the matter was thereby exposed to be read or seen
imputation. by third persons.
2. Malice in Fact is actual malice or ill-will, which
must be proved. It may be shown by proof of Criteria to determine whether statements are
ill-will, hatred or purpose to injure. defamatory:
1. In determining whether a statement is
When does Malice in Fact apply? defamatory, the words used are construed in
Malice in fact must be proved whenever the their entirety and taken in their plain, natural
defamatory imputation appears in a privileged and ordinary meaning as they would naturally
communication. be understood by persons reading them,
unless it appears that they were used and
When does the presumption of Malice in law understood in another sense. (Novicio v.
disappear? Aggabao, G.R. No. 141332, December 11,
Upon proof established of good intention and 2003)
justifiable motive 2. Whether the words used are calculated to
induce the readers to suppose and
Notes: understand that the person against whom
1. There is no distinction between calumny, they are uttered were guilty of certain
insult and libel. All kinds of attack against offenses, or are sufficient to impeach their
honor and reputation are punished by the honesty, virtue or reputation, or to hold the
RPC provisions on defamation. person up to public ridicule. (U.S. v.
2. Malice is presumed to exist in injurious O’Connell, 37 Phil.767) and
publications. 3. Words are construed not only as to the
3. Defamatory remarks directed at a group of expression used but also with respect to the
persons are not actionable unless the whole scope and apparent object of the
statements are all-embracing or sufficiently writer. (People v. Encarnacion, C.A., 48 O.G.
specific for each victim to be identifiable. 1817)
4. The meaning of the writer is immaterial in
determining defamation. Any imputation will be sufficient if it tends to
5. In libel, the false accusation need not be cause:
made under oath. It is perjury which requires 1. Dishonor – disgrace, shame or ignominy
that the false accusation is made under oath. 2. Discredit – loss of credit or reputation;
6. Seditious libel is punished under Article 142. disesteem
7. Imputation of criminal intention is not libelous. 3. Contempt – state of being despised
8. There are as many counts of libel as there are 4. Blackening of the memory of the dead
persons defamed.
Art. 354. Requirement for Publicity
Generally, the person libeled must be
identified. Kinds of Privileged Communication:
But the publication need not refer by name to the 1. Absolutely Privileged – not actionable even if
libeled party. If not named, it must be shown that the actor has acted in bad faith; and
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2. Qualifiedly Privileged – those which, although Requisites:

containing defamatory imputations, are not a. That the publication of a report of an official
actionable unless made with malice or bad proceeding is a fair and true report of judicial,
faith legislative, or other official proceedings which
are not of confidential nature, or of a
General rule: Every defamatory imputation is statement, report, or speech delivered in said
presumed malicious, even if it be true, if no good proceedings, or of any other act performed by
intention and justifiable motive for making it is a public officer in the exercise of his
shown. functions;
However, the presumption of malice is rebutted if b. That it is made in good faith; and
it is shown by the accused that: c. That it is made without any comments or
1. The defamatory imputation is true, in case the remarks
law allows proof of the truth of the imputation;
2. It is published with good intention; and Doctrine of Fair Comment
3. There is justifiable motive for making it. Fair commentaries on matters of public interest
are also qualifiedly privileged and constitute a
Exceptions to the foregoing general rule (that valid defense in an action for libel or slander.
is, when malice is not presumed from a
defamatory imputation): Malice in fact is the intention to injure the
reputation of the offended party, which may be
1. Private communication in performance of spawned by rivalry, grudges or ill-feeling existing
any legal, moral or social duty at the date of publication and motivated by hate
and revenge, .
Requisites:
a. That the person who made the Malice in fact may be proved or shown by:
communication had a legal, moral or social 1. Extrinsic evidence that the defendant bore a
duty to make the communication or at least grudge against the offended party; or
an interest to be upheld; legal duty 2. That there was rivalry or ill-feeling between
presupposes a provision of law conferring them which existed at the date of the
upon the accused the duty to communicate; publication of the defamatory imputation; or
b. That the communication is addressed to an 3. That the defendant had an intention to injure
officer or a board, or superior, having some the reputation of the offended party as shown
interest or duty on the matter; and by the words used and the circumstances
c. That the statements in the communication attending the publication of the defamatory
are made in good faith without malice in fact imputation
The defense of privileged communication will be Notes:

rejected if it shown by the prosecution or the 1. Prosecution must prove malice in fact to
plaintiff: convict the accused in case of qualified
a. That the defendant acted with malice in fact, privileged communication.
or 2. Absolutely privileged communications are not
b. That there is no reasonable ground for actionable even if done in bad faith. This
believing the charge to be true covers statements made by members of
Congress in discharge of functions, and
2. Fair and true report of official judicial proceedings when pertinent and
proceedings, made in good faith, without relevant to subject of inquiry.
any comments and remarks 3. Unnecessary publicity destroys good faith.
Defense of privileged communication in
paragraph 1 of Art. 354 will be rejected if it is
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shown that the accused acted with malice (Guingguing v. CA, G.R. No. 128959, September
and there is no reasonable ground for 30, 2005)
believing the charge to be true.
4. Privileged Communication may be found in a Art. 355. Libel by Means of Writings or
public document. Similar Means
5. That the statement is a privileged The means by which libel may be
communication is a matter of defense. committed are by:
6. Statements made in self defense or in mutual 1. writing;
controversy are often privileged. The person 2. printing;
libeled is justified to hit back with another 3. lithography;
libel. However, retaliation and vindictiveness 4. engraving;
cannot be the basis of self-defense in 5. radio;
defamation. Self-defense must be on matters 6. phonograph;
related to the specific defamatory imputations 7. painting;
cast upon the person invoking the defense. 8. theatrical exhibitions;
7. Defamatory remarks and comments on the 9. cinematographic exhibitions; or
conduct or acts of public officers which are 10. any similar means.
related to the discharge of their official duties
will not constitute libel if defendant proves the Notes:
truth of imputation. However, any attack upon 1. The law provides “or any similar means”,
private character on matters not related to the which easily qualifies television as such a
discharge of official duties may be libelous. species or category. Defamation made in a
8. Similarly, the mental, moral and physical television program is libel. Also included are
fitness of a candidate for public office may be pictures.
subject to criticism. Criticism deals only with 2. Defamation through an amplifier is not libel,
such things as shall invite public attention or but oral defamation (slander).
call for public comment. It does not follow a 3. The penalty prescribed is in addition to civil
public man into his private life and domestic liability.
concerns. (Reyes, Book Two, p.1051) 4. Libel may be absorbed in the crime of threats
if the intent to threaten is the principal aim
Jurisprudence and object.
A public figure has been defined as a person who,
by his accomplishments, fame, or mode of living, Jurisprudence:
or by adopting a profession or calling which gives [LEONEN] Whether emailing is sufficiently
the public a legitimate interest in his doings, his “public” as required by Articles 353 and 355 of the
affairs, and his character, has become a 'public RPC and the Anti-Cybercrime Law, is a matter of
personage.' He is, in other words, a celebrity. defense that should be properly raised during
Obviously to be included in this category are trial. While grievances, channeled through proper
those who have achieved some degree of public authorities, has a degree of protected
reputation by appearing before the public, as in freedom of speech, the scope and extent of that
the case of an actor, a professional baseball protection cannot be grounded in abstractions.
player, a pugilist, or any other entertainer. The list The facts of the case need to be proven by
is, however, broader than this. It includes public evidence. (Dio v. People, G.R. No. 208146, June
officers, famous inventors and explorers, war 8, 2016.)
heroes and even ordinary soldiers, an infant
prodigy, and no less a personage than the Grand
Exalted Ruler of a lodge. It includes, in short,
anyone who has arrived at a position where public
attention is focused upon him as a person.
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Art. 356. Threatening to Publish Libel and connection with or under the pretext that it is
Offer to Prevent such Publication for a necessary in the narration of any judicial or
Compensation administrative proceedings in which such
Any person who threatens another to publish facts have been mentioned.
a libel concerning him or the parents, spouse, 2. Art. 357 constitutes the “Gag Law” which bars
child, or other member of the family of the from publication news reports on cases
latter, or anyone who shall offer to prevent the pertaining to adultery, divorce, issues about
publication of such libel for a compensation or the legitimacy of children, etc.
money consideration 3. The identities of individuals who are sources
of news report may not be revealed unless
Punishable acts: the courts or Congress hold that such
1. By threatening another to publish a libel revelation is demanded by the security of the
concerning him, or his parents, spouse, child, State.
or other members of his family; or
2. By offering to prevent the publication of Art. 358. Slander/ Oral Defamation
such libel for compensation, or money
consideration Kinds of Oral Defamation:
1. Grave Slander - defamation is of a serious
Blackmail is any unlawful extortion of money by and insulting nature; and
threats of accusation or exposure. It is possible to 2. Simple Slander - light insult or defamation
charge such acts in the crimes of light threats (Art.
283) and in threatening to publish libel (Art. 356). Factors that determine gravity of the offense:
1. expressions used;
Art. 357. Prohibited Publication of Acts 2. personal relations of the accused and the
Referred to in the Course of Official offended party;
Proceedings 3. circumstances surrounding the case; and
Any reporter, editor or manager of a 4. social standing and position of the victim
newspaper, daily or magazine, who shall
publish facts connected with the private life of Notes:
another and offensive to the honor, virtue and 1. Words uttered in the heat of anger constitute
reputation of said person, even though said light oral defamation.
publication be made in connection with or 2. If the utterances were made publicly and
under the pretext that it is necessary in the were heard by many people and the accused
narration of any judicial or administrative at the same time pointed his finger at the
proceedings wherein such facts have been complainant, oral defamation is committed.
mentioned 3. The slander need not be heard by the
offended party.
Elements: (3) 4. Uttering defamatory words in the heat of
1. That the offender is a reporter, editor or anger, with some provocation on the part of
manager of a newspaper, daily or magazine; the offended party, constitutes only a light
2. That he publishes facts connected with the felony. (Villanueva v. People, G.R. No.
private life of another; and 160351, April 10, 2006)
3. That such facts are offensive to the honor,
virtue and reputation of said person. Art. 359. Slander by Deed
Any person who shall perform any act not
Notes: included and punished in this title, which shall
1. The prohibition to publish such facts applies cast dishonor, discredit or contempt upon
even if such publication is made in another person
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Elements: (3) Section 2. General Provisions

1. That the offender performs any act not
included in any other crime against honor; Art. 360. Persons Responsible for Libel
2. That such act is performed in the presence of 1. The person who publishes, exhibits or
other person/s; and causes the publication or exhibition of any
3. That such act casts dishonor, discredit or defamation in writing or similar means;
contempt upon the offended party/ies 2. The author or editor of a book or
pamphlet;
Notes: 3. The editor or business manager of a daily
1. Slander may either be simple or grave, newspaper magazine or serial
depending upon the nature of the deed. publication; and
2. Pointing a dirty finger constitutes simple 4. The owner of the printing plant which
slander by deed, it appearing from the factual publishes a libelous article with his
milieu of the case that the act complained of consent, and all other persons who, in
was employed "to express anger or any way, participate in or have connection
displeasure" at complainant. While it may with its publication
have cast dishonor, discredit or contempt
upon complainant, said act is not of a serious Venue of criminal and civil action for damages
nature. in cases of written defamation (provides for
3. Cursing, however, has been held not exclusive jurisdiction):
constitutive of slander by deed, though 1. Where the libelous article is printed and first
depending on the environmental published, or
circumstances when uttered. 2. Where any of the offended parties actually
resides at the time of the commission of the
Seriousness of slander by deed depends on: offense, or
1. The social standing of offended party; 3. Where one of the offended parties is a public
2. The circumstances surrounding the act; and officer:
3. The occasion a. if his office is in the City of Manila, with
the RTC of Manila; otherwise, with the
Distinctions: RTC of the city/province where he held
1. Unjust Vexation – causative of irritation or office at the time of offense;
annoyance without justification b. or the city/province where the article was
2. Slander By Deed – with irritation or first published;
annoyance AND attendant publicity and 4. Where one of the offended parties is a private
dishonor or contempt individual, with the RTC of province/city
3. Acts of Lasciviousness – with irritation or where he actually resides at the time of the
annoyance AND any of the three crime or where the article was printed or first
circumstances provided in Art. 266-A on rape published
(i.e. use of force, threat or intimidation;
deprivation of reason or rendering the Guidelines in the observance of a rule of
offended unconscious; use of fraudulent preference in the imposition of penalties in
machination or grave abuse of authority; or if Libel Cases (Administrative Circular No. 08-
offended party was under 12 years old), 2008)
together with lewd designs 1. This Administrative Circular does not remove
imprisonment as an alternative penalty for the
crime of libel under Article 355 of the Revised
Penal Code.
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2. The Judges concerned may, in the exercise good motives and for justifiable ends, the
of sound discretion, and taking into defendants shall be acquitted.
consideration the peculiar circumstances of
each case, determine whether the imposition Proof of the truth of an imputation of an act or
of a fine alone would best serve the interests omission not constituting a crime shall not be
of justice or whether forbearing to impose admitted, unless the imputation shall have been
imprisonment would depreciate the made against Government employees with
seriousness of the offense, work violence on respect to facts related to the discharge of their
the social order, of otherwise be contrary to official duties.
the imperative of justice.
3. Should only a fine be imposed and the In such cases if the defendant proves the truth
accused be unable to pay the fine, there is no of the imputation made by him, he shall be
legal obstacle to the application of the acquitted.
Revised Penal Code provision on subsidiary
imprisonment. Proof of Truth is Admissible when:
1. The act or omission imputed constitutes a
Notes: crime, regardless of whether the offended
1. A complaint for defamation imputing a private party is a private individual or a public officer,
crime (i.e. adultery, concubinage, seduction, or
abduction, and acts of lasciviousness) must 2. The offended party is a government
be filed by the offended party. employee, even if the act or omission
2. If the libel imputes a vice or defect and not a imputed does not constitute a crime,
crime, it is always prosecuted upon provided, it is related to the discharge of his
information signed and filed by the fiscal. official duties.
3. The person who publishes a libelous letter
written by the offended party is liable Requisites for acquittal from a Libel charge:
(publishing, not composing, is the prime 1. It appears that the matter charged as libelous
requisite of the crime). is TRUE (for situations 1 and 2 above); and
4. The liability of the editor is the same as that 2. It was published with good motives and for a
of the author. justifiable end. (for situation 1 only).
5. Limitations of venue: aimed at minimizing
interference with public functions when the Notes:
case involves a public officer, and avoiding 1. The proof of the truth of the accusation
unnecessary harassment of the accused by cannot be made to rest upon mere hearsay,
limiting out-of-town libel suits. rumors, or suspicion but upon positive, direct
6. Exemplary damages may be awarded if evidence upon which a definite finding may
actions are based on quasi-delict. be made by the court.
7. Civil and criminal actions must be filed in the 2. An imputation that a person has a contagious
same court. disease might, under ordinary circumstances
8. No remedies - civil or criminal - for damages be defamatory but loses such character when
for slander or libel in case of absolutely made with good intention and justifiable
privileged communication. motive.
3. There is no libel when there is no malice.
Art. 361. Proof of the Truth 4. Retraction may mitigate the damages. If the
In every criminal prosecution for libel, the truth article is libelous per se, publication due to
may be given in evidence to the court, and if it honest mistake is only mitigating.
appears that the matter charged as libelous is
true, and, moreover, that it was published with
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Art. 362. Libelous Remarks Notes:

Libelous remarks or comments connected 1. Art. 363 is limited to planting evidence and
with the matter privileged under the provisions the like, which tend directly to cause false
of Article 354, if made with malice, shall not prosecution.
exempt the author thereof nor the editor or 2. Those who resort to incriminatory
managing editor of a newspaper from criminal machinations do not avail themselves of
liability. written or spoken words, unlike in
defamation.
Notes: 3. There is a complex crime of incriminating an
1. Libelous remarks or comments on privileged innocent person through unlawful arrest.
matters (under Art. 354), if made with malice 4. The perpetrators of the tanim bala scheme in
in fact, will not exempt the author and editor. airports are liable for violating both Article 363
2. This article is a limitation to the defense of of RPC and Section 38 of RA 10591
privileged communication. Even if a matter is (Comprehensive Firearms and Ammunition
privileged, if malice in fact was proved, the Regulation Act). See also Section 29 of RA
author and editor are liable. 9165 (Comprehensive Dangerous Drugs Act
3. The author and editor of publications who of 2002)
distort, mutilate or discolor official
proceedings reported by them, or add Incriminating an Innocent Person and
comments thereon to cast aspersion on the Perjury, Distinguished
characters of parties concerned, are guilty of INCRIMINATING
PERJURY BY MAKING
libel. AN INNOCENT
FALSE ACCUSATION
PERSON
Chapter 2: Incriminatory Machinations Performs act to Incriminates/imputates
directly incriminate the crime falsely directly
Art. 363. Incriminating Innocent Person someone to/before an officer
Any person who, by an act not constituting for/impute to
perjury, shall directly incriminate or impute to someone, the
an innocent person the commission of a crime commission of
crime
Elements: (3) Acts are such as Acts consist of making
1. That the offender performs an act; consist of planting false statements or
2. That by such act he directly incriminates or evidence and the affidavits under oath
imputes to an innocent person the like
commission of a crime; and Penalty is Arresto Penalty is Arresto Mayor
3. That such act does not constitute perjury. Mayor maximum to Prision
Correccional minimum
Two kinds of incrimination of an innocent period
person:
1. Making a statement which constitutes: Art. 364. Intriguing against Honor
a. defamation, or Making any intrigue which has, for its principal
b. perjury (if made under oath and is false); purpose, blemishing the honor or reputation
and of a person
2. Planting evidence.
How committed:
This felony is committed by any person who shall
make any intrigue with the principal purpose of
blemishing the honor or reputation of another
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person. It is committed by saying to others an M. QUASI-OFFENSES

unattributable thing, which, if it said to the person
Art. 365. Imprudence and Negligence
himself, amounts to slander.
Reckless Imprudence: Anyone who
Notes:
voluntarily, but without malice, does or fails to
1. Must be committed by means of some
do an act from which material damage results
trickery and secret plot, and not through
by reason of inexcusable lack of precaution
gossiping, which falls under defamation.
2. Where the source or author of derogatory
Simple Imprudence or Negligence: Anyone
information cannot be determined and
who voluntarily, but without malice, does or fails
defendant passes it to others, defendant’s act
to do an act from which material damage
is one of intriguing against honor. If it came
results by reason of lack of precaution
from a definite source, slander is committed.
displayed in cases in which the impending
damage caused is not immediate and the
Intriguing against honor and Incriminating an
danger is clearly manifest
Innocent Person, Distinguished
INCRIMINATING AN
INTRIGUING Ways of committing Quasi-offenses
INNOCENT
AGAINST HONOR 1. By committing, through reckless imprudence,
PERSON
any act which, had it been intentional, would
The offender resorts The offender
constitute a grave or less grave felony or light
to an intrigue for the performs an act by
felony;
purpose of which he directly 2. By committing, through simple imprudence or
blemishing the honor incriminates or
negligence, an act which would otherwise
or reputation of imputes to an
constitute a grave or a less serious felony;
another person. innocent person the
3. By causing damage to the property of another
commission of a
through reckless imprudence or simple
crime. imprudence or negligence; or
4. By causing, through simple imprudence or
Intriguing against honor and Slander, negligence, some wrong which, if done
Distinguished maliciously, would have constituted a light
INTRIGUING felony
SLANDER
AGAINST HONOR
The source or author The source of Elements of Reckless Imprudence
of the derogatory information can be 1. That the offender does or fails to do an act;
information cannot be pinpointed and 2. That the doing of or the failure to do that act
determined and the definitely determined is voluntary;
defendant borrows and the defendant, 3. That it is without malice;
the same and, without adopting as his own 4. That material damage results;
subscribing to the the information he 5. That there is inexcusable lack of precaution
truth thereof, passes has obtained, passes on the part of the offender, taking into
it to others. the same to another consideration: (1) his employment or
for the purpose of occupation, (2) his degree of intelligence and
causing dishonor to physical condition, and (3) other
complainant’s circumstances regarding persons, time and
reputation. place
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Elements of Simple Imprudence or an ordinary prudent person would have used in

Negligence the same situation? If not, then he is guilty of
1. That there is lack of precaution on the part of negligence.
the offender; and
2. That the damage impending to be caused is Reckless Imprudence and Force Majeure.
not immediate or the danger is not clearly Distinguished
manifest RECKLESS
FORCE MAJEURE
IMPRUDENCE
Notes: The immediate Pertains to events
1. Imprudence is deficiency of action, while personal harm or which could not be
Negligence is deficiency of perception damage to property is foreseen, or which,
2. Imprudence or Negligence is not a crime in perceivable and can though foreseen,
itself, but simply a way of committing a crime. be prevented by the were inevitable. It
However, in Ivler v Modesto-San Pedro, G.R. exercise of implies an
No. 172716, November 17, 2010, the SC reasonable care. The extraordinary
declared that quasi-offenses are distinct want of reasonable circumstance which
species of crimes. care to prevent harm is independent of the
3. Art. 64 of the RPC on mitigating and or damage will of the actor.
aggravating circumstances is not applicable constitutes reckless
in quasi- offenses. imprudence.
4. In the technical term “Reckless Imprudence
resulting in Homicide”, what is punished is not Last Clear Chance Rule
the act itself but the mental attitude or The contributory negligence of the injured party
condition behind the act. will not defeat the action if it is shown that the
5. Negligence is a quasi-offense. What is accused might, by the exercise of reasonable
punished is not the effect of the negligence care and prudence, have avoided the
but the recklessness of the accused. consequences of the negligence of the injured
6. Contributory negligence of the offended party party.
is not an absolute defense but only mitigates
criminal liability. Doctrine of Pre-Emption in Vehicle Collisions
7. Violation of a rule or regulation or law is proof Although the driver of a motor vehicle crossing a
of negligence. thru-street is supposed to wait along the
8. There is no criminal liability for death or intersection for the driver of another vehicle
injuries to trespassers (e.g. stow-aways) running along said thru- street, if the driver
caused by recklessly negligent acts where crossing the street had already reached the
the defendant is not aware of their presence. middle thereof, the other driver travelling along
the thru-street, although with a right of pre-
Qualifying Circumstance in Quasi-Offenses emption, has the duty to stop his motor vehicle to
The offender’s failure to lend on-the-spot avoid a collision.
assistance to the victim of his negligence or
abandoning one’s victim is usually punishable Emergency Rule
under Art. 275. However, if the act is charged A person confronted with an emergency may be
under Art. 365, it is only a qualifying left with no time for thought and must make a
circumstance. If not alleged at all, it cannot even speedy decision based on impulse or instinct, and
be considered as an aggravating circumstance. cannot be held liable for the same conduct as one
who had the opportunity to reflect. This is
Test of Negligence applicable only when the situation that arises is
Did the defendant, in doing the alleged negligent
act, use the reasonable care and caution which
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sudden, unexpected, and is such as to deprive

him of all opportunity for deliberation.
Ex. An automobile driver, who, by the negligence

of another, is suddenly placed in an emergency
and is compelled to act instantly to avoid a
collision or injury, is not guilty of negligence if he
makes a choice which a person of ordinary
prudence placed in such a position might make,
even though he did not make the wisest choice.
Note:
The Emergency Rule cannot be applied to
exempt him from liability, if there is proof of
negligence on his part. (Reyes, Book Two,
p.1110)
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SPECIAL PENAL
LAWS
Criminal Law
ATENEO CENTRAL
III. SPECIAL PENAL LAWS A. NEW ANTI-CARNAPPING ACT OF 2016

I. Elements
Elements of carnapping
1. Taking, with intent to gain;
III. SPECIAL PENAL LAWS
2. A motor vehicle belonging to another;
A. NEW ANTI-CARNAPPING ACT OF 2016
3. Without the latter’s consent;
(RA 10883)
4. By means of violence against or intimidation
1. Elements
of persons; or by using force upon things.
(Sec. 3)
2. Punishable acts; Penalty
Definition of motor vehicle

3. Aggravating circumstances resulting to
It refers to any vehicle propelled by any power
denial of bail
other than muscular power using the public
highways, EXCEPT for the following:
4. Other relevant rules
1. road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers,
graders, forklifts, amphibian trucks, and
cranes if not used on public highways;
2. vehicles which run only on rails or tracks;
and,
3. tractors, trailers and traction engines of all
kinds used exclusively for agricultural
purposes.
Trailers having any number of wheels, when

propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified
as a separate motor vehicle with no power rating.
(Sec. 2)
II. Punishable acts

The following acts shall be punishable under this
Act:
a. When the carnapping is committed
WITHOUT violence against or intimidation of
persons, or force upon things (Sec. 3);
b. When the carnapping is committed BY
MEANS OF violence against or intimidation
of persons, or force upon things (Sec. 3);
c. When the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in
the commission of the carnapping (Sec. 3);
d. Concealment of carnapping (Sec. 4);
e. For unregistered moto vehicles or parts
thereof in knock down condition, failure to
register the vehicle engine, engine block and
chassis with the LTO within one (1) year from
the effectivity of the New Anti-Carnapping
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Act of 2016 – the law provides that the or raped in the course of the carnapping.
unregistered vehicle engine, engine block (Sec. 3)
and chassis with the LTO shall be
considered as a carnapped vehicle, an IV. Other relevant rules
untaxed importation or coming from illegal Carnapping and homicide/murder
source and shall be confiscated in favor of Since the law used the phrase “is killed,” there
the government (Sec. 6); and, shall be no distinction between homicide and
f. Failure to register the sale, transfer, murder. It follows then that the killing, whether it
conveyance of motor vehicle engine, engine be homicide or murder, cannot be treated as a
block or chassis of a motor vehicle – the law separate offense, but should only be considered
creates a presumption that it is a carnapped to qualify the crime of carnapping.
vehicle, an untaxed imported vehicle, or a
vehicle proceeding from illegal sources Consequently, said phrase gives the
unless proven otherwise and shall be unmistakable import thereof that it refers only to
confiscated in favor of the government (Sec. the consummated felony of either murder or
8). homicide. The frustrated and attempted homicide
or murder will not qualify carnapping. (People v.
Unlawful Acts Mejia, G.R. No. 118940-41, 1997)
The following are classified as “UNLAWFUL
ACTS” under the law. However, the law does not To prove the special complex crime of carnapping
provide for their penalties. with homicide, there must be proof not only of the
a. Defacing or tampering with serial numbers of essential elements of carnapping, but also that it
motor vehicles, engine blocks and chassis was the original criminal design of the culprit and
(Sec. 14); the killing was perpetrated in the course of
b. Transfer into another name, the chassis carnapping or on the occasion thereof. The killing
number, engine number and plate number of of the victim cannot qualify the carnapping into a
a motor vehicle declared as "total wreck" or special complex crime because the carnapping
beyond economic repair by concerned was an afterthought when the victim’s death was
insurance company and/or law enforcement already fait accompli. (People v. Aquino, G.R. No.
agencies (Sec. 15); 201092, 2014)
c. Transfer of vehicle plate (Sec. 16); and,
d. Sale of second-hand spare parts taken from Unlawful taking
carnapped vehicle (Sec. 17). Unlawful taking is the taking of the motor vehicle
without the consent of the owner, or by means of
III. Aggravating circumstances resulting to
violence against or intimidation of persons, or by
denial of bail
using force upon things; it is deemed complete
Denial of bail when evidence of guilt is strong from the moment the offender gains
Bail shall be denied when the evidence of guilt is possession of the thing, even if he has no
strong against any person charged with opportunity to dispose of the same.
carnapping or when the crime of carnapping is
committed: When one takes the motor vehicle of another
a. by criminal groups, gangs or syndicates; without the latter’s consent even if the motor
b. by means of violence or intimidation of any vehicle is later returned, there is theft, there
person or persons; being intent to gain as the use of the thing
c. by means of forced upon things; unlawfully taken constitutes gain. (People v.
d. when the owner, driver, passenger, or Bustinera, G.R. No. 148233, 2004)
occupant of the carnapped vehicle is killed
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If what is intended to be taken is only a part of the B. ANTI-ELECTRICITY AND ELECTRIC

vehicle, like a spare tire, the crime is not TRANSMISSION LINES/MATERIALS
carnapping, but theft or robbery. PILFERAGE ACT OF 1994 (RA 7832)
I. Punishable acts
————- end of topic ————- a. Illegal use of electricity
It is unlawful for any person, whether natural or

TOPIC OUTLINE UNDER THE SYLLABUS: juridical, public or private, to:
III. SPECIAL PENAL LAWS 1. Tap, make or cause to be made any

connection with overhead lines, service
B. ANTI-ELECTRICITY AND ELECTRIC drops, or other electric service wires, without
TRANSMISSION LINES/MATERIALS previous authority or consent of the private
PILFERAGE ACT OF 1994 (RA 7832) electric utility or rural electric cooperative
concerned;
1. Punishable Acts
2. Tap, make or cause to be made any
a. Illegal use of electricity (Sec. 2) connection to the existing electric service
facilities of any duly registered consumer
b. Theft of electric power transmission
without the latter’s or the electric utility’s
linen and materials (Sec. 3)
consent or authority;
2. Prima facie evidence of punishable acts
3. Tamper, install or use a tampered electrical
(Sec. 4)
meter, jumper, current reversing transformer,
3. Disconnection of electric service (Sec. 6) shorting or shunting wire, loop connection or
any other device which interferes with the
4. Penalties (Sec. 7) proper or accurate registry or metering of
electric-current or otherwise results in its
diversion in a manner whereby electricity is
stolen or wasted;
4. Damage or destroy an electric meter,

equipment, wire or conduit or allow any of
them to be so damaged or destroyed as to
interfere with the proper or accurate
metering of electric current; and
5. Knowingly use or receive the direct benefit of

electric service obtained through any of the
acts mentioned in subsections (1), (2), (3),
and (4) above. (Sec. 2)
b. Theft of electric power transmission linen

and materials
It is unlawful for any person to:
1. Cut, saw, slice, separate, split, severe, smelt,

or remove any electric power transmission
line/material or meter from a tower, pole, any
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other installation or place of installation or (2) Aluminum conductor steel reinforced

any other place or site where it may be (ACSR) in excess of one hundred
rightfully or lawfully stored, deposited, kept, (100) MCM;
stocked, inventoried, situated or located,
without the consent of the owner, whether or (3) Overhead ground wires made of 7
not the act is done for profit or gain; strands of galvanized steel wires, 3.08
millimeters in diameter and designed
2. Take, carry away or remove or transfer, with to protect the electrical conductors
or without the use of a motor vehicle or other from lightning strikes;
means of conveyance, any electric power
transmission line/material or meter from a (4) Insulators made of porcelain or glass
tower, pole, any other installation or place of shell and designed to insulate the
installation, or any place or site where it may electrical conductors from steel
be rightfully or lawfully stored, deposited, towers or woodpoles; and
kept, stocked, inventoried, situated or
(5) Various transmission line hardwares
located, without the consent of the owner,
and materials made of aluminum alloy
whether or not the act is done for profit or
or malleable steel and designed to
gain;
interconnect the towers, conductors,
3. Store, possess or otherwise keep in his ground wires, and insulators
premises, custody or control, any electric mentioned in subparagraphs (1), (2),
power transmission line/material or meter (3), and (4) above for the safe and
without the consent of the owner, whether or reliable operation of the transmission
not the act is done for profit or gain; and lines. (Sec. 3)
4. Load, carry, ship or move from one place to II. Prima facie evidence of punishable acts
another, whether by land, air or sea, any Prima facie evidence of illegal use of
electrical power transmission line/material, electricity
whether or not the act is done for profit or
gain, without first securing a The presence any of the following circumstances
clearance/permit for the said purpose from shall constitute prima facie evidence of illegal use
its owner or the National Power Corporation of electricity by the person benefitted thereby:
(NPC) or its regional office concerned, as the
case maybe. a. The presence of a bored hole on the glass
cover of the electric meter, or at the back or
For purposes of this section, “electrical power any other part of said meter;
transmission line/material” refers to electric
power transmission steel towers, b. The presence inside the electric meter of
woodpoles, cables, wires, insulators, line salt, sugar and other elements that could
hardwares, electrical conductors and other result in the inaccurate registration of the
related items with a minimum voltage of meter’s internal parts to prevent its accurate
sixty-nine kilovolts (69 kv), such as the registration of consumption of electricity;
following:
c. The existence of any wiring connection
(1) Steel transmission line towers made which affects the normal operation or
of galvanized steel angular members registration of the electric meter;
and plates or creosoted and/or
d. The presence of a tampered, broken, or fake
tannelized woodpoles/concrete poles
seal on the meter, or mutilated, altered, or
and designed to carry and support the
conductors;
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tampered meter recording chart or graph, or The above-mentioned circumstances shall be the
computerized chart, graph or log; basis for:
e. The presence in any part of the building or a. the immediate disconnection by the electric
its premises which is subject to the control of utility to such person after due notice;
the consumer or on the electric meter, of a
current reversing transformer, jumper, b. the holding of a preliminary investigation by
shorting and/or shunting wire, and/or loop the prosecutor and the subsequent filing in
connection or any other similar device; court of the pertinent information; and
f. The mutilation, alteration, reconnection, c. the lifting of any temporary restraining order
disconnection, bypassing or tampering of or injunction which may have been issued
instruments, transformers, and accessories; against a private electric utility or rural
electric cooperative. (Sec. 4 (a))
g. The destruction of, or attempt to destroy, any
integral accessory of the metering device Prima facie evidence of theft of electric power
box which encases an electric meter, or its transmission linen and materials
metering accessories; and
The possession, control or custody of electric
h. The acceptance of money and/or other power transmission line/material by any person,
valuable consideration by any officer or natural or juridical, not engaged in the
employee of the electric utility concerned or transformation, transmission or distribution of
the making of such an offer to any such electric power, or in the manufacture of such
officer or employee for not reporting the electric power transmission line/material shall be
presence of any of the circumstances prima facie evidence that such line/material is
enumerated above-items. the fruit of the theft of electric power transmission
linen and materials and therefore such
Note: The discovery of any of the foregoing line/material may be confiscated from the person
circumstances, in order to constitute prima in possession, control or custody thereof. (Sec. 4
facie evidence, must be personally witnessed (b))
and attested to by an officer of the law or a
duly authorized representative of the Energy III. Disconnection of electric service
Regulatory Board (ERB). Rules on disconnection of electric service
We hold the view, however, that the inclusion of a. The private electric utility or rural electric
the phrase ‘by the consumer concerned’ in cooperative concerned shall have the right
the IRR is invalid because it is in excess of what and authority to disconnect immediately
the law being implemented provides. the electric service after serving a written
As RA 7832 stands, only the presence of an notice or warning to that effect, without the
authorized government agent, either an officer of need of a court or administrative order,
the law or an authorized representative of the and deny restoration of the same, when
ERB, during the MERALCO inspection would the owner of the house or establishment
allow any of the circumstances enumerated in concerned or someone acting in his behalf
Section 4 of RA 7832 to be considered prima shall have been caught en flagrante delicto
facie evidence of illegal use of electricity by the doing any of the acts enumerated in Section
benefited party. The law does not include the 4(a) hereof, or when any of the
consumer or the consumer's representative in circumstances so enumerated shall have
this enumeration. (Manila Electric Co. v. Spouses been discovered for the second time.
Chua, G.R. No. 160422, 2010)
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Note: If any of the circumstances so enumerated c. Common to violations of Secs. 2 and 3 – If

shall have been discovered for the second the offense is committed by, or in connivance
time, a written notice or warning shall have with, an officer or employee of the power
been issued upon the first discovery. company, private electric utility or rural
electric cooperative concerned, such
b. The electric service shall not be immediately officer or employee shall, upon conviction,
disconnected or shall be immediately be punished with a penalty one (1) degree
restored upon the deposit of the amount higher than the penalty provided herein, and
representing the differential billing by the forthwith be dismissed and perpetually
person denied the service, with the private disqualified from employment in any public
electric utility or rural electric cooperative or private utility or service company and from
concerned or with the competent court, as holding any public office
the case may be. d. If, in committing any of the acts enumerated
in Sec. 4, any of the other acts as
c. If the court finds that illegal use of
enumerated is also committed, then the
electricity has not been committed by the
penalty next higher in degree as provided
same person, the amount deposited shall
herein shall be imposed
be credited against future billing with
e. If the offense is committed by, or in
legal interest thereon chargeable against
connivance with an officer or employee of
the private utility or rural electric cooperative.
the electric utility concerned, such officer
The utility or cooperative shall be made to or employee shall, upon conviction, be
immediately pay such person double the punished with a penalty one (1) degree
value of the payment or deposit with legal higher than the penalty provided herein, and
interest, which amount shall likewise be forthwith be dismissed and perpetually
creditable against immediate future billings, disqualified from employment in any public
without prejudice to any criminal, civil or or private utility or service company.
administrative action that such person may The electric utility concerned which shall have
be entitled to file under existing laws, rules knowingly permitted or having
and regulations. knowledge of its commission shall have
failed to prevent the same, or was
d. If court finds the same person guilty of such otherwise guilty of negligence in
illegal use of electricity, he shall, upon final connection with the commission thereof,
judgment, be made to pay the electric utility shall be made to pay a fine not exceeding
or rural electric cooperative concerned triple the amount of the “differential billing”
double the value of the estimated electricity subject to the discretion of the courts.
illegally used which is referred to in this
f. If the violation is committed by a
section as differential billing. (Sec. 6)
partnership, firm, corporation,
IV. Penalties association or any other legal entity,
including a government-owned or-
The following penalties shall be imposed for controlled corporation, the penalty shall
violation of this Act: be imposed on the president, manager and
a. Illegal use of electricity (Sec. 2) – Prision each of the officers thereof who shall have
mayor or a fine ranging from P10,000 to knowingly permitted, failed to prevent or was
P20,000 or both, at the discretion of the court otherwise responsible for the commission of
b. Theft of electric power transmission linen the offense. (Sec. 7)
and materials (Sec. 3) – Reclusion temporal
or a fine ranging from P 50,000 to P100,000 ————- end of topic ————-
or both, at the discretion of the court
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TOPIC OUTLINE UNDER THE SYLLABUS: The discovery of any person engaging in
any of the above activities without a
III. SPECIAL PENAL LAWS lease, license or permit shall constitute
prima facie presumption that the
C. FISHERIES CODE (RA 8550, AS AMENDED person is engaged in unauthorized
BY RA 10654) fisheries activity. (Sec. 87)
1. Punishable acts (Sec. 17, RA 10654) c. Failure to secure fishing permit prior to
engaging in distant water fishing
i. To fish in the high seas, in the territorial
seas, archipelagic waters, and
C. FISHERIES CODE (RA 8550, AS
Exclusive Economic Zones of other
AMENDED BY RA 10654)
states using a Philippine flagged
I. Punishable acts fishing vessel without first securing a
fishing permit from the Department
a. Unauthorized fishing
and authorization from the coastal
i. To capture or gather or to cause the
state.
capture or gathering of fish, fry or
The discovery of any person in
fingerlings of any fishery species or
possession of a fishing gear or operating
fishery products without license or permit
a fishing vessel in the abovementioned
from the Department or LGU;
areas without a fishing permit from the
ii. Any commercial fishing vessel to fish in
Department or authorization from the
municipal waters, except in cases
coastal state shall constitute a prima
specified under this Code; and,
facie presumption that the person is in
iii. Any person not listed in the registry of
violation of this provision.
municipal fisherfolk to engage in any
commercial fishing activity in municipal
ii. An owner or operator, and the three
waters.
(3) highest officers, of a commercial
fishing vessel to commit acts that are
The discovery of any person in possession
in contravention of the terms and
of a fishing gear or operating a fishing
conditions stated in the fishing permit
vessel in a fishing area where he has no
or as may be promulgated by the
license or permit shall constitute prima
Department. (Sec. 88)
facie presumption that the person is
engaged in unauthorized fishing:
d. Unreported fishing – To engage in
Provided, That fishing for daily food
unreported fishing or to fail to comply with
sustenance or for leisure which is not for
the reportorial requirements in Section 38 of
commercial, occupation or livelihood
this Code. (Sec. 89)
purposes may be allowed. (Sec. 86)
e. Unregulated fishing – To engage in
unregulated fishing in waters within and
b. Engaging in unauthorized fisheries activities
beyond national jurisdiction. (Sec. 90)
– To exploit, occupy, produce, breed or
f. Poaching in Philippine Waters - Any foreign
culture fish, fry or fingerlings of any
person, corporation or entity to fish or
fishery species or fishery products or
operate any fishing vessel in Philippine
construct and operate fish corrals, fish
waters.
traps, fish pens and fish cages or
fishponds without a license, lease or
The entry of any foreign fishing vessel in
permit.
Philippine waters shall constitute a prima facie
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presumption that the vessel is engaged in The discovery in any fishing vessel
fishing in Philippine waters. (Sec. 91) of fish caught or killed with the use
of explosives, noxious or poisonous
g. Fishing Through Explosives, Noxious or substances, or by electricity shall
Poisonous Substance, or Electricity. constitute a prima facie
i. To catch, take or gather or cause to be presumption that the fisherfolk,
caught, taken or gathered fish or any operator, boat official or fishworker is
fishery species in Philippine waters fishing with the use thereof.
with the use of explosives, noxious or ii. To possess explosives, and
poisonous substance such as sodium noxious or poisonous
cyanide, which will kill, stupefy, substances for illegal fishing.
disable or render unconscious fish or (Sec. 92)
fishery species. h. Use of fine mesh net. – To engage in fishing
using nets with mesh smaller than that which
The Department, subject to such may be determined by the Department.
safeguards and conditions deemed
necessary and with the The prohibition on the use of fine mesh
endorsement from the concerned net shall not apply to the gathering of fry,
LGUs, may allow, for research, glass eels, elvers, tabios, and alamang
educational or scientific purposes and other species that by their nature are
only, the use of poisonous or small but already mature, as identified in
noxious substances to catch, take or the implementing rules and regulations
gather fish or fishery species. by the Department.
The use of poisonous or noxious The discovery of a fine mesh net in a

substances to eradicate predators fishing vessel shall constitute a prima
and pests in fishponds in facie presumption that the person or
accordance with accepted scientific fishing vessel is engaged in fishing with
practices and without causing the use of fine mesh net. (Sec. 93)
adverse environmental impact in i. Fishing in overexploited fishery
neighboring waters and grounds management areas – To fish in fishery
shall not be construed as illegal management areas declared as
fishing. overexploited. (Sec. 94)
j. Use of active gear in municipal waters, bays
The discovery of dynamite, other and other fishery management areas – To
explosives and chemical engage in fishing in municipal waters and in
compounds which contain all bays as well as other fishery management
combustible elements, or noxious or areas using active fishing gears as defined
poisonous substances, or in this Code. (Sec. 95)
equipment or device for k. Ban on Coral Exploitation and Exportation. –
electrofishing in any fishing vessel or To gather, possess, commercially transport,
in the possession of any fisherfolk, sell or export ordinary, semi-precious and
operator, fishing boat official or precious corals, whether raw or in processed
fishworker shall constitute a prima form, except for scientific or research
facie presumption that any of these purposes.
devices was used for fishing in
violation of this Code. It shall also be unlawful for any person,
corporation or entity to commit any activity
that damage coral reefs. (Sec. 96)
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l. Ban on muro-ami, other methods and gear ii. To fish, take, catch, gather, sell,
destructive to coral reefs and other marine purchase, possess, transport,
habitat export, forward or ship out
i. To fish with gear or method that aquatic species listed in CITES
destroys coral reefs, seagrass beds, Appendices II and III if scientific
and other fishery marine life habitat as assessments show that
may be determined by the population of the species in the
Department. wild cannot remain viable under
pressure of collection and trade.
‘Muro-ami’ and any of its
variation, and such similar gears The taking or fishing of these
and methods that require diving, species from the wild for
other physical or mechanical scientific research, or
acts to pound the coral reefs and conservation breeding
other habitat to entrap, gather or simultaneous with commercial
catch fish and other fishery breeding may be allowed.
species are also prohibited. iii. To gather, take, possess, transport, or
(Sec. 97) export, forward or ship out
captive-bred species that have
m. Illegal use of superlights or fishing light been transplanted to the wild.
attractor – To engage in fishing with the use of (Sec. 102)
superlight in municipal waters, or to fish with
fishing light attractor using candlelight power r. Capture of sabalo and other
or intensity beyond the standards set by the breeders/spawners – To catch, gather,
Department. (Sec. 98) capture or possess mature milkfish or sabalo
n. Conversion of mangroves – To convert and other breeders or spawners of other
mangroves into fishponds or for any other fishery species as may be determined by the
purpose (Sec. 99) Department.
o. Fishing during closed season (Sec. 100)
p. Fishing in marine protected areas, fishery Catching of sabalo and other breeders/spawners
reserves, refuge and sanctuaries, as declared for local breeding purposes or scientific or
by the Department or the LGUs (Sec. 101) research purposes may be allowed subject
q. Fishing or taking of rare, threatened or to guidelines that shall be promulgated by
endangered species the Department. (Sec. 103)
i. To fish or take, catch, gather, sell,
purchase, possess, transport, s. Exportation of breeders, spawners, eggs or
export, forward or ship out fry
aquatic species listed in
Appendix I of the Convention on Failure on the part of the shipping or
the International Trade in forwarding company from whose
Endangered Species of Wild possession the breeders, spawners,
Flora and Fauna (CITES), or eggs, or fry are discovered or seized to
those categorized by the fully cooperate in the investigation
International Union for conducted by concerned government
Conservation of Nature and authorities on the matter shall create a
Natural Resources (IUCN) as presumption that there is connivance or
threatened and determined by conspiracy between the company and
the Department as such. the shipper to violate the provisions of
this section. (Sec. 104)
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an annual report to the Department pursuant

t. Importation or exportation of fish or fishery to Section 57 of this Code (Sec. 109)
species x. Gathering and marketing of shell fishes or
other aquatic species – To gather, take, sell,
Failure on the part of the shipping or transfer, possess, commercially transport,
forwarding company from whose export, forward or ship out any sexually
possession the fish or fishery species mature shell fish or other aquatic species
imported or exported are discovered or identified by the Department, or below the
seized to fully cooperate in the minimum size, or above the maximum
investigation conducted by concerned quantities prescribed for the species. (Sec.
government authorities shall create a 110)
presumption that there is connivance y. Obstruction to navigation or flow or ebb of
or conspiracy between the shipping tide in any stream, river, lake or bay (Sec.
company and the shipper to perpetrate 111)
the aforementioned offense. (Sec. 105) z. Noncompliance with good aquaculture
u. Violation of Harvest Control Rules as practices (Sec. 112)
determined by the Department. (Sec. 106) aa. Commercial fishing vessel operators
Aquatic pollution – the introduction by employing unlicensed fisherfolk, fishworker
human or machine, directly or indirectly, or crew (Sec. 113)
of substances or energy to the aquatic bb. Obstruction of defined migration paths (Sec.
environment which result or is likely to 114)
result in such deleterious effects as to cc. Obstruction to Fishery Law Enforcement
harm living and non-living aquatic Officer – The fishing vessel owner, master or
resources, pose potential and/or real operator or any other person acting on
hazard to human health, hindrance to behalf of any fishing vessel who assaults,
aquatic activities such as fishing and resists, intimidates, harasses, seriously
navigation. Deforestation, unsound interferes with, or unduly obstructs or delays
agricultural practices such as the use of a fishery law enforcement officer, authorized
banned chemicals and excessive use of inspector or observer, the deputized
chemicals, intensive use of artificial fish fishwarden of the LGU, or any lawfully-
feed, and wetland conversion, which boarding government officers, in the
cause similar hazards and deleterious exercise of their duties shall be penalized
effects shall also constitute aquatic under this Code.
pollution. Any person who does not allow any
authorized officer or an observer to exercise
e.g., Dumping/disposal of waste and any of the legal duties shall be deemed to be
other marine litters, discharge of obstructing that officer or person. (Sec. 115)
petroleum or residual products of dd. Noncompliance with Fisheries Observer
petroleum or carbonaceous Coverage (Sec. 116)
materials/substances, and other, ee. Noncompliance with Port State Measures. –
radioactive, noxious or harmful liquid, No foreign fishing vessel shall be allowed
gaseous or solid substances, from any entry without providing at least twenty-four
water, land or air transport or other (24)-hour prior notice. When a foreign fishing
human-made structure. (Sec. 107) vessel is granted entry, failure to provide a
catch report shall be deemed unlawful. It
v. Failure to comply with minimum safety shall likewise be unlawful for any person to
standards (Sec. 108) fail to comply with other rules on port state
w. Failure of owners and operators of measures promulgated by the Department in
fishponds, fishpens and fish cages to submit
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coordination with port state authorities. (Sec.

117) ————- end of topic ————-
ff. Failure to comply with rules and regulations
on conservation and management TOPIC OUTLINE UNDER THE SYLLABUS:
measures, adopted in rules and regulations
to be promulgated by the Department. (Sec. III. SPECIAL PENAL LAWS
118)
gg. To engage in fishing activity without D. ANTI-FENCING LAW OF 1979 (PD 1612)
complying with the vessel monitoring
measures promulgated by the Department in 1. Definition of terms (Sec. 2)
coordination with the LGUs.
2. Elements
For vessels operating in Philippine waters, only
the catcher vessel shall be covered by this 3. Penalties (Sec. 3)
requirement. It shall also be unlawful to
intentionally tamper with, switch off or 4. Liability of officials of juridical persons
disable the vessel monitoring system. (Sec. (Sec. 4)
119)
hh. To construct or import fishing vessels or 5. Presumption of fencing; Exception (Sec.
gears or to convert other vessels into fishing 5 & 6)
vessels without permit from the Department
(Sec. 120) 6. Other relevant rules
ii. Use of unlicensed gear (Sec. 121)
jj. Falsifying, concealing or tampering with
vessel markings, identity or registration
(Sec. 122)
kk. Concealing, tampering or disposing of
evidence relating to an investigation of a
violation (Sec. 123)
ll. Noncompliance with the requirements for the
introduction of foreign or exotic aquatic
species (Sec. 124)
mm. Failure to comply with standards and trade-
related measures. (Sec. 125)
nn. Possessing, dealing in or disposing illegally
caught or taken fish – The discovery of any
fish or species caught with the use of
explosives or noxious or poisonous
substances shall constitute a prima facie
presumption that the possessor, seller, fish
dealer, transporter, importer, or exporter
thereof has knowledge that the fish or
species was caught or taken in violation of
this Code. (Sec. 126)
oo. Unauthorized disclosure of sensitive
technical information (Sec. 127)
pp. Violation of administrative orders or
regulations promulgated by the Department
or any provision thereof
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D. ANTI-FENCING LAW OF 1979 private complainant, but it cannot be without a

victim. As complainant reported no loss, [the
I. Definition of terms
Court] cannot hold for certain that there was a
Fencing committed crime of theft. The first element of the
It is the act of any person who, with intent to gain crime of fencing is absent. (Tan v. People, G.R.
for himself or for another, shall buy, receive, No. 134298, 1999)
possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any other manner III. Penalties
deal in any article, item, object or anything of Penalties as provided under Sec. 3
value which he knows, or should be known to him, Value of property Penalty
to have been derived from the proceeds of the (P)
crime of robbery or theft. (Sec. 2)
12,000 < x ≤ 22,000 Prision mayor
x > 22,000 Prision mayor, maximum +
Fence
1 year for every additional
This includes any person, firm, association,
P10,000, but shall not
corporation or partnership or other organization
exceed 20 years
who/which commits the act of fencing. (Sec. 2)
6,000 < x ≤ 12,000 Prision correccional,
II. Elements medium to maximum
200 < x ≤ 6,000 Prision correccional,
Elements of the crime of fencing
minimum to medium
1. The crime of robbery or theft has been
50 < x ≤ 200 Arresto mayor, medium to
committed;
prision correccional,
2. The accused, who is not the principal or
minimum
accomplice in the crime of robbery or theft,
5 < x ≤ 50 Arresto mayor, medium
buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and x<5 Arresto mayor, minimum
sell, or in any other manner deal in any IV. Liability of officials of juridical persons
article, item, object or anything of value,
which has been derived from the proceeds If the fence is a partnership, firm, corporation or
of the said crime; association, the president or the manager or
3. The accused knows or should have known any officer thereof who knows or should have
that the said article, item, object or anything known the commission of the offense shall be
of value has been derived from the proceeds liable. (Sec. 4)
of the crime of robbery or theft; and,
V. Presumption of fencing; Exception
4. There is, on the part of the accused, intent to
gain for himself or another. (Dizon- General rule: Mere possession of any good,
Pamintuan v. People, G.R. No. 111426, article, object or anything of value which has been
1994) subject of robbery or thievery shall be prima facie
evidence for fencing. (Sec. 5)
Complainant Rosita Lim testified that she lost
certain items and Manuelito Mendez confessed Exception: Possession of clearance/permit to
that he stole those items and sold them sell/use second hand articles (Sec. 6)
to the accused. However, Rosita Lim never
reported the theft or even loss to the police. She All stores, establishments or entities dealing in
admitted that after Manuelito Mendez, her former the buy and sell of any good, article, item, object
employee, confessed to the unlawful taking or anything of value obtained from an
of the items, she forgave him, and did not unlicensed dealer or supplier thereof, shall
prosecute him. Theft is a public crime. before offering the same for sale to the public,
It can be prosecuted de oficio, or even without a secure the necessary clearance or permit from
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the station commander of the Integrated National TOPIC OUTLINE UNDER THE SYLLABUS:
Police of the town/city where it is located.
Failure to secure the clearance or permit herein III. SPECIAL PENAL LAWS
required shall upon conviction be punished as a
fence. E. BOUNCING CHECKS LAW (BP 22)
1. Punishable acts; Elements (Sec. 1)
Factors that are to be considered in justifying the
presumption include: 2. Evidence of knowledge of insufficient
a. the time and place of the sale, both of which funds (Sec. 2)
may not be in accord with the usual practices
of commerce; 3. Duty of drawee (Sec. 3)
b. the nature and condition of the goods sold;
and, 4. Defenses against BP 22
c. the fact that the seller is not regularly
engaged in the business of selling goods. 5. Estafa under BP 22 vs. estafa under
(Ong v. People, G.R. No. 190475, 2013) Revised Penal Code
VI. Other relevant rules 6. Other relevant rules

Fencing vis-à-vis robbery/theft
The one who acts as a fence or commits the act
of fencing may be prosecuted EITHER under the
Revised Penal Code, as an accessory OR under
the Anti-Fencing Law, as a principal.
Fencing does not require that the accused
participated in the design to commit theft or
robbery.
The crimes of robbery and theft, on the one hand,
and fencing, on the other, are separate and
distinct offenses. The state may choose to
prosecute him either under the RPC or the Anti-
Fencing Law, although the preference for the
latter would seem inevitable considering that
fencing is a malum prohibitum, and the special
law creates a presumption of fencing and
prescribes a higher penalty based on the value of
the property. (Dizon-Pamintuan v. People, G.R.
No. 111426, 1994)
————- end of topic ————-
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E. BOUNCING CHECKS LAW (BP 22) II. Evidence of knowledge of insufficient

funds
I. Punishable acts
General rule: The making, drawing and issuance
a. With insufficient funds upon making or
of a check which is refused by the drawee
drawing and issuing check (Sec. 1, par. 1)
because of insufficient funds in or credit with such
ELEMENTS: bank, when presented within ninety (90) days
1. Any person makes or draws and issues a from the date of the check, shall be prima facie
check to apply on account or for value; evidence of knowledge of such insufficiency of
2. Knowledge of the maker, drawer or issuer funds or credit. In case of insufficiency of funds in
that he does not have sufficient funds in the or credit with such drawee bank, such fact shall
drawee bank for the payment of such check always be explicitly stated in the notice of
in full upon its presentment; dishonor or refusal.
3. The (a) subsequent dishonor of the check by
the drawee bank for insufficiency of funds or Exceptions: If the maker or drawer
credit, OR (b) dishonor for the same reason a. Pays the holder thereof the amount due
had not the drawer, without any valid cause, thereon; or,
ordered the bank to stop payment; b. Makes arrangements for payment in full by
4. The payee or holder of the dishonored check the drawee of such check within five (5)
gives a written notice of dishonor and banking days after receiving notice that such
demand for payment; and, check has not been paid by the drawee.
5. After receipt of the written notice and (Sec. 2)
demand, refuses or fails to pay the value of
the check within five (5) banking days. (Bax If such notice of non-payment by the drawee bank
v. People, G.R. No. 149858, 2007) is not sent to the maker or drawer of the check, or
if there is no proof as to when such notice was
b. With sufficient funds upon making or received by the drawer, then the presumption or
drawing and issuing, but failed to keep the prima facie evidence cannot arise, since there
funds (Sec. 1, par. 2) would simply be no way of reckoning the crucial
5-day period.
ELEMENTS:
1. Any person makes or draws and issues a Thus, this Court further ruled in King, "in order to
check to apply on account or for value; create the prima facie presumption that the issuer
2. He had sufficient funds in or credit with the knew of the insufficiency of funds, it must be
drawee bank upon making or drawing and shown that he or she received a notice of
issuing the check; dishonor and, within five banking days thereafter,
3. Failure to keep sufficient funds or to maintain failed to satisfy the amount of the check or make
a credit to cover the full amount of the check, arrangement for its payment." (Chua vs. People,
if presented within 90 days from the date G.R. No. 196853, 2015)
appearing thereon;
4. The drawee bank dishonors the check for III. Duty of drawee
such reason;
a. When refusing to pay check to the holder
5. The payee or holder of the dishonored check
upon presentment, the drawee must cause
gives a written notice of dishonor and
to be written, printed, or stamped in plain
demand for payment; and,
language thereon, or attached thereto, the
6. After receipt of the written notice and
reason for drawee's dishonor or refusal to
demand, refuses or fails to pay the value of
pay the same.
the check within five (5) banking days.
b. If there are no sufficient funds in or credit
with such drawee bank, such fact shall
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always be explicitly stated in the notice of d. The check was presented for payment
dishonor or refusal. beyond 180 days from maturity.
c. Notwithstanding receipt of an order to stop e. Valid cause to stop payment.
payment, the drawee shall state in the notice f. Complainant was informed by issuer
that there were no sufficient funds in or credit beforehand that the account had closed.
with such bank for the payment in full of such g. The complainant is the actual or potential
check, if such be the fact. wrongdoer or he had no more right to encash
the check for payment.
The introduction in evidence of the unpaid h. Only an oral notice or demand to pay was
and dishonored check, with drawee’s refusal given to the drawer upon dishonor of
written, printed or stamped on it, with the drawee. The law requires that the
reason therefore, shall be prima facie insufficiency of funds in or credit shall be
evidence of the making, issuance and explicitly stated in the written notice of
presentment for payment of the said check to dishonor and demand for payment.
the drawee, as well as its proper dishonor for (Domagsang v. Court of Appeals, G.R. No.
the reason written on said check. (Sec. 3) 139292, 2000)
IV. Defenses against BP 22 V. Estafa under BP 22 vs. Estafa under RPC
The following are possible defenses against Distinguishing estafa through issuance of a
liability under BP 22: check under the RPC and BP 22
a. The check was issued as payment of a ESTAFA THROUGH
warranty deposit paid by an accommodating ISSUANCE OF A
BP 22
party (respondent/private complainant) as CHECK UNDER THE
required under the lease-purchase RPC
agreement. Unknown to the petitioner, the The check is issued
The check can be
Vice President of the company that concurrently and
issued even in
distributed the equipment to be bought. The reciprocally in
payment for a pre-
lease-purchase agreement did not ripen into payment, never for a
existing obligation.
a purchase but remained a lease with pre-existing obligation.
rentals. To charge the accused for the refund Damage and deceit
Damage and deceit
of a "warranty deposit" which he did not are elements of the
are immaterial.
withdraw as it was not his own account, it crime.
having remained with LS Finance, is to even Crime against public
make him pay an unjust "debt", to say the interest (Causes
Crime against
least, since petitioner (accused) did not prejudice to the
property
receive the amount in question. (Magno v. economy and banking
CA, G.R. No. 96132, 1992) system)
b. The required notice of dishonor has not been BOTH DRAWER AND ONLY THE DRAWER
given. The drawer should be given a notice INDORSER are liable. is liable.
of dishonor to give him the opportunity to Drawer has 3 days Drawer has 5 days
make good the value of the check within 5 from notice of from notice of dishonor
banking days. dishonor to make to make good the
c. The dishonor of the check was not due to good the check check
insufficiency of funds. If the reason for Malum in se Malum prohibitum
dishonor is other than insufficiency of funds,
such as failure of consideration, BP 22 is not
violated.
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VI. Other relevant rules checks before the filing of the information
has already attained the purpose of the law.
Check drawn by a corporation, company or
entity
HOWEVER, payment of the value of the
Where the check is drawn by a corporation,
bounced check AFTER the filing of
company or entity, the person/s who actually
information would no longer have the effect
signed the check in behalf of such drawer shall
of exonerating the accused from possible
be liable. (Sec. 1, par. 3)
conviction for violation of BP 22.
No double jeopardy
Since from the commencement of the
One can be convicted for estafa and violating BP
criminal proceedings in court, there is no
22; no double jeopardy. It is expressly provided
circumstance to show that the accused had
under Sec. 5 of BP 22 that, “(p)rosecution under
every intention to mitigate or totally alleviate
this Act shall be without prejudice to any liability
the ill effects of his issuance of the unfunded
for violation of any provision of the RPC.” (Nierras
check, then there is no equitable and
v. Dacuycuy, G.R. Nos. 59568-76, 1990)
compelling reason to preclude his
prosecution. In such a case, the letter of the
Issuance of check as accommodation party
law should be applied to its full extent. (Lim
What the law punishes is the issuance itself of a
v. People, G.R. No. 190834, 2014)
bouncing check and not the purpose for which it
was issued or of the terms and conditions relating
2. Ninety (90) days – The maker or issuer must
to its issuance. The mere act of issuing a
maintain sufficient funds within ninety (90)
worthless check, whether merely as an
days from the date of the check to destroy
accommodation, is covered by BP 22. (Ruiz v.
the prima facie presumption of knowledge of
People, G.R. No. 160893, 2005)
insufficiency of funds under Sec. 2.
3. One hundred eighty (180) days – Failure of
Proof of dishonor for insufficiency of funds
the payee to present the check for payment
AND knowledge of such insufficiency
or deposit within one hundred eighty (180)
required
days from the date of the check will make the
To hold petitioner liable for violation of BP 22, it is
it stale and valueless, thus, no criminal
not enough that she issued the check that was
action shall arise therefrom.
subsequently dishonored for insufficiency of
funds. It must also be shown beyond reasonable
doubt that she knew of the insufficiency of funds
at the time the check was issued. (Vergara v.
People, G.R. No. 160328, 2005)

Summary of relevant periods under BP 22
1. Five (5) banking days – the maker or issuer F. SWINDLING BY SYNDICATE (PD 1689)
must make arrangements to make good the
check within five (5) banking days from 1. Elements; Penalty
receipt of notice of dishonor to not be held
criminally liable for the check issued. 2. Other relevant rules
Payment made AFTER the five (5) banking

days provided by law, BUT BEFORE the
filing of the Information shall exonerate the
accused. In effect, the payment of the
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F. SWINDLING BY SYNDICATE (PD 1689) When punishable by reclusion temporal to

reclusion perpetua –
I. Elements
Elements of swindling by syndicate 1. The estafa or swindling is NOT committed by
a syndicate, as defined above;
When punishable by life imprisonment to
death – 2. Amount of the fraud EXCEEDS P100,000;
and,
1. Estafa or other forms of swindling as defined
in Article 315 and 316 of the Revised Penal 3. All other elements above are present.
Code is committed;
II. Other relevant rules
a. With unfaithfulness or abuse of To be considered as a syndicate under PD 1689,
confidence (Art. 315); the perpetrators of an estafa must not only be
b. By means of false pretenses or comprised of at least five individuals but must
fraudulent acts executed prior to or also have also used the association that they
simultaneously with the commission formed or managed to defraud its own
of fraud (Art. 315); stockholders, members or depositors.
c. Through inducement by means of Section 1 of PD 1689 speaks of a syndicate

deceit to sign a document, by formed with the intention of carrying out the
resorting to fraudulent practice in a unlawful scheme for the misappropriation of
gambling game, by removing, the money contributed by the members of the
concealing, or destroying documents association. Thus, only those who formed [or]
or any other papers (Art. 315); manage associations that receive contributions
d. Encumbrance of property whilst from the general public who misappropriated the
pretending to be the owner contributions can commit syndicated estafa.
(Remo v. Secretary of Justice, G.R. No. 192925,
e. Disposal of encumbered property 2016)
f. Unlawful taking of personal property
As the preamble of PD 1689 shows, the act
g. Execution of fictitious contract prohibited therein need not necessarily
h. Mortgage, encumbrance, or sale of threaten the stability of the nation. It is
surety in a bond in a criminal or civil sufficient that it "contravenes public interest."
action Public interest was affected by the solicitation of
deposits under a promise of substantial profits, as
2. The estafa or swindling is committed by a it was people coming from the lower income
syndicate of five or more persons; brackets who were victimized by the illegal
scheme. (People v. Balasa, G.R. No. 106357,
3. Formed with the intention of carrying out the
1998)
unlawful or illegal act, transaction, enterprise
or scheme; and, ————- end of topic ————-
4. Defraudation results in the misappropriation

of moneys contributed by stockholders, or
members of rural banks, cooperatives,
"samahang nayon(s)," or farmers’
associations or of funds solicited by
corporations / associations from the general
public.
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TOPIC OUTLINE UNDER THE SYLLABUS: G. MIGRANT WORKERS AND OVERSEAS

FILIPINOS ACT OF 1995 (RA 8042 AS
III. SPECIAL PENAL LAWS AMENDED BY RA 10022)
G. MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995 (RA 8042 AS a. Migrant worker
It refers to a person who is to be engaged, is
1. Definition of terms (Sec. 3, RA 8042) engaged or has been engaged in a
remunerated activity in a state of which he or
2. Acts included in illegal recruitment (Sec. she is not a legal resident; to be used
5, RA 10022) interchangeably with overseas Filipino worker.
b. Overseas Filipinos
3. Prohibited acts (Sec. 5, RA 10022)
It refers to dependents of migrant workers and
4. Penalties (Sec. 6, RA 10022) other Filipino nationals abroad who are in
distress. (Sec. 3, RA 8042)
5. Prescription (Sec. 12, RA 8042)
c. Illegal recruitment
It refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract
services, promising or advertising for
employment abroad, whether for profit or not,
when undertaken by a non-licensee or non-
holder of authority contemplated under Article
13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of
the Philippines.
Any such non-licensee or non-holder who, in any

manner, offers or promises for a fee employment
abroad to two (2) or more persons shall be
deemed so engaged. (Sec. 5, RA 10022)
d. Illegal recruitment by a syndicate
Illegal recruitment is deemed committed by a

syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with
one another. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
e. Illegal recruitment in large scale
It is deemed committed in large scale if committed

against three (3) or more persons individually or
as a group. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
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II. Acts included in illegal recruitment h. To fail to submit reports on the status of
employment, placement vacancies,
Illegal recruitment shall include the following acts,
remittance of foreign exchange earnings,
whether committed by any person, whether a
separation from jobs, departures and such
non-licensee, non-holder, licensee or holder
other matters or information as may be
of authority:
required by the SOLE;
i. To substitute or alter to the prejudice of
a. To charge or accept directly or indirectly any
the worker, employment contracts
amount greater than that specified in the
approved and verified by the DOLE from
schedule of allowable fees prescribed by the
the time of actual signing thereof by the
SOLE, or to make a worker pay or
parties up to and including the period of the
acknowledge any amount greater than that
expiration of the same without the approval
actually received by him as a loan or
of the DOLE;
advance;
j. For an officer or agent of a recruitment or
b. To furnish or publish any false notice or
placement agency to become an officer or
information or document in relation to
member of the Board of any corporation
recruitment or employment;
engaged in travel agency or to be engaged
c. To give any false notice, testimony,
directly or indirectly in the management of a
information or document or commit any act
travel agency;
of misrepresentation for the purpose of
k. To withhold or deny travel documents
securing a license or authority under the
from applicant workers before departure
Labor Code, or for the purpose of
for monetary or financial considerations,
documenting hired workers with the POEA,
or for any other reasons, other than those
including reprocessing workers through
authorized under the Labor Code and its
a job order that pertains to nonexistent
implementing rules and regulations;
work, work different from the actual
l. Failure to actually deploy a contracted
overseas work, or work with a different
worker without valid reason as determined
employer whether registered or not with the
by the DOLE;
POEA;
m. Failure to reimburse expenses incurred by
d. To induce or attempt to induce a worker
the worker in connection with his
already employed to quit his employment
documentation and processing for
in order to offer him another UNLESS the
purposes of deployment, in cases where the
transfer is designed to liberate a worker
deployment does not actually take place
from oppressive terms and conditions of
without the worker's fault; and
employment;
n. To allow a non-Filipino citizen to head or
e. To influence or attempt to influence any
manage a licensed recruitment/manning
person or entity not to employ any worker
agency. (Sec. 5, RA 10022)
who has not applied for employment
through his agency or who has formed, III. Prohibited acts
joined or supported, or has contacted or is
supported by any union or workers' In addition, it shall also be unlawful for any person
organization; or entity to commit the following prohibited acts:
f. To engage in the recruitment or placement of a. Grant a loan to an overseas Filipino worker
workers in jobs harmful to public health or with interest exceeding eight percent (8%)
morality or to the dignity of the Republic of per annum, which will be used for payment
the Philippines; of legal and allowable placement fees and
g. To obstruct or attempt to obstruct make the migrant worker issue, either
inspection by the SOLE or by his duly personally or through a guarantor or
authorized representative;
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accommodation party, postdated checks in fine of not less than P1,000,000 nor more
relation to the said loan; than P2,000,000.
b. Impose a compulsory and exclusive b. Illegal recruitment constituting economic
arrangement whereby an overseas Filipino sabotage – Life imprisonment and a fine of
worker is required to avail of a loan only not less than P2,000,000 nor more than
from specifically designated institutions, P5,000,000.
entities or persons; c. Any of the prohibited acts – Imprisonment of
c. Refuse to condone or renegotiate a loan not less than six (6) years and one (1) day
incurred by an overseas Filipino worker after but not more than twelve (12) years and a
the latter's employment contract has been fine of not less than P500,000 nor more than
prematurely terminated through no fault of P1,000,000.
his or her own;
d. Impose a compulsory and exclusive If the offender is an alien, he or she shall, in
arrangement whereby an overseas Filipino addition to the penalties herein prescribed, be
worker is required to undergo health deported without further proceedings.
examinations only from specifically
designated medical clinics, institutions, In every case, conviction shall cause and carry
entities or persons, EXCEPT in the case of a the automatic revocation of the license or
seafarer whose medical examination cost is registration of the recruitment/manning agency,
shouldered by the principal/shipowner; lending institution, training school or medical
e. Impose a compulsory and exclusive clinic. (Sec. 6, RA 10022)
arrangement whereby an overseas Filipino
worker is required to undergo training, V. Prescription
seminar, instruction or schooling of any Illegal recruitment cases under this Act shall
kind only from specifically designated prescribe in five (5) years.
institutions, entities or persons, EXCEPT for
recommendatory trainings mandated by Illegal recruitment cases involving economic
principals/shipowners where the latter sabotage as defined herein shall prescribe in
shoulder the cost of such trainings; twenty (20) years. (Sec. 12, RA 8042)
f. For a suspended recruitment/manning
agency to engage in any kind of recruitment VI. Other relevant rules
activity including the processing of pending
Persons liable
workers' applications; and
The persons criminally liable for the above
g. For a recruitment/manning agency or a
offenses are the principals, accomplices and
foreign principal/employer to pass on to the
accessories.
overseas Filipino worker or deduct from his
or her salary the payment of the cost of
In case of juridical persons, the officers having
insurance fees, premium or other
ownership, control, management or direction of
insurance related charges, as provided
their business who are responsible for the
under the compulsory worker's insurance
commission of the offense and the responsible
coverage. (Sec. 5, RA 10022)
employees/agents thereof shall be liable. (Sec. 5,
IV. Penalties RA 10022)
If found guilty of – Estafa and illegal recruitment

a. Illegal recruitment – Imprisonment of not Estafa and illegal recruitment are entirely different
less than twelve (12) years and one (1) day offenses. Neither one necessarily includes or is
but not more than twenty (20) years and a necessarily included in the other. A person who is
convicted of illegal recruitment may, in addition be
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convicted of estafa under Article 315 2(a) of the H. ANTI-ILLEGAL NUMBERS GAMES LAW
Revised Penal Code. (People v. Billaber, G.R. No. (PD 1602, AS AMENDED BY RA 9287)
114967-68, 2004)
The filing of an offense punishable under this Act Illegal numbers game
shall be without prejudice to the filing of cases It refers to any form of illegal gambling activity
punishable under other existing laws, rules or which uses numbers or combinations thereof as
regulations. (Sec. 5, RA 10022) factors in giving out jackpots. (Sec. 2, RA 9287)
————- end of topic ————- II. Persons liable

a. Other than those in the succeeding items,
TOPIC OUTLINE UNDER THE SYLLABUS: any person who participates in any illegal
numbers game or any illegal or
III. SPECIAL PENAL LAWS unauthorized activities or games of
cockfighting, jueteng, jai-alai or horse racing
H. ANTI-ILLEGAL NUMBERS GAMES LAW (PD to include bookie operations and game
1602, AS AMENDED BY RA 9287) fixing, numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and the like;
1. Definition of terms (Sec. 2) 7-11 and any game using dice; black jack,
lucky nine, poker and its derivatives, monte,
2. Persons liable baccarat, cuajo, pangguingue and other
card games; paik que, high and low,
3. Possession of gambling paraphernalia mahjong, domino and other games using
as prima facie evidence (Sec. 4, RA plastic tiles and the like; slot machines,
9287) roulette, pinball and other mechanical
contraptions and devices; dog racing, boat
4. Informer’s reward (Sec. 11, RA 9287) racing, car racing and other forms of races,
basketball, boxing, volleyball, bowling,
5. Other relevant rules pingpong and other forms of individual or
team contests to include game fixing, point
shaving and other machinations; banking or
percentage game, or any other game or
scheme, whether upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of
value are at stake or made;
b. Any person who shall knowingly permit any
form of gambling referred to in (a) to be
carried on in inhabited or uninhabited
place or in any building, vessel or other
means of transportation owned or
controlled by him;
c. Any person who shall knowingly permit any
form of gambling referred to in (a) in a place
where gambling is carried on has a
reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
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government building or barangay hall; (Sec. tolerates the same in connection

1, PD 1602) therewith; and,
d. Bettor – places bets for himself/herself or in 3. Failure to apprehend perpetrators of
behalf of another person, or any person, any illegal numbers game. (Sec. 5, RA
other than the personnel or staff of any illegal 9287); and,
numbers game operation; l. Any parent, guardian or person exercising
e. Personnel or staff of an illegal numbers moral authority or ascendancy over a minor,
game operation – acts in the interest of the ward or incapacitated person, and not
maintainer, manager or operator, such as, otherwise falling under any of the
but not limited to, an accountant, cashier, abovementioned acts, who induces or
checker, guard, runner, table manager, causes such minor, ward or incapacitated
usher, watcher, or any other personnel such person to commit any of the offenses
similar functions in a building, structure, punishable under this Act.
vessel, vehicle, or any other place where an • Upon conviction, said parent,
illegal numbers game is operated or guardian or person exercising moral
conducted; authority or ascendancy shall be
• This includes any person who allows deprived of his/her authority over the
his vehicle, house building or land to minor, ward or incapacitated person.
be used in the operation of the illegal (Sec. 6, RA 9287)
numbers games.
f. Collector or agent – collects, solicits or III. Possession of gambling paraphernalia as
produces bets in behalf of his/her principal for prima facie evidence
any illegal numbers game who is usually in The possession of any gambling paraphernalia
possession of gambling paraphernalia; and other materials used in the illegal numbers
g. Coordinator, controller or supervisor – game operation shall be deemed prima facie
exercises control and supervision over the evidence of any offense covered by this Act. (Sec.
collector or agent; 4, RA 9287)
h. Maintainer, manager or operator – maintains,
manages or operates any illegal numbers IV. Informer’s reward
game in a specific area from whom the
Any person who, having knowledge or
coordinator, controller or supervisor, and
information of any offense committed under this
collector or agent take orders;
Act and who shall disclose the same which may
i. Financier or capitalist – finances the
lead to the arrest and final conviction of the
operations of any illegal numbers game; and,
offender, may be rewarded a certain percentage
j. Protector or coddler - lends or provides
of the cash money or articles of value confiscated
protection, or receives benefits in any manner
or forfeited in favor of the government, which shall
in the operation of any illegal numbers game.
be determined by the DOJ, in coordination with
k. A government employee and/or public official,
the DILG and the NAPOLCOM. (Sec. 11, RA
whether elected or appointed, shall be held
9287)
liable for the following acts:
1. Assumes the role/s of collector, agent, V. Other relevant rules
coordinator, controller, supervisor,
maintainer, manager, operator, Immunity from prosecution
financier or capitalist (items (f) to (i) of Any person who serves as a witness for the
“Persons Liable” section); government or provides evidence in a criminal
2. While having knowledge of the case involving any violation of this Act, or who
existence of the operation of any illegal voluntarily or by virtue of a subpoena
numbers game in his/her jurisdiction, testificandum or duces tecum, produces,
fails to abate or to take action, or
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identifies, or gives testimony shall be immune TOPIC OUTLINE UNDER THE SYLLABUS:
from any criminal prosecution. (Sec. 8, RA 9287)
Prosecution, judgment and forfeiture of
property I. COMPREHENSIVE FIREARMS AND
Any person may be charged with or convicted of AMMUNITION REGULATION ACT (RA 10591)
the offenses covered by this Act without
1. Definition of terms
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or a. Firearm
other existing laws.
b. Light Weapons
During the pendency of the case, no property or
income used or derived therefrom which may be c. Loose Arm
confiscated and forfeited shall be disposed,
d. Small Arms
alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted 2. Punishable acts
for the release of the same.
a. Unlawful acquisition, or
Upon conviction, all proceeds, gambling possession of firearms and
paraphernalia and other instruments of the crime ammunition (Sec. 28)
including any real or personal property used in
any illegal numbers game operation shall be b. Use of loose firearm in the
confiscated and forfeited in favor of the State. commission of a crime (Sec. 29)
All assets and properties of the accused either
c. Other prohibited acts
owned or held by him/her in his/her name or in
the name of another person found to be 3. Other relevant rules
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
proceeds of the offense and shall likewise be
confiscated and forfeited in favor of the State.
(Sec. 9, RA 9287)
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I. COMPREHENSIVE FIREARMS AND 1. Handgun which is a firearm intended to be

AMMUNITION REGULATION ACT (RA fired from the hand, which includes:
10591) (i) A pistol which is a hand-operated
firearm having a chamber integral with
I. Definition of Terms
or permanently aligned with the bore
Definition of Firearm which may be self-loading; and
Any handheld or portable weapon, whether a (ii) Revolver which is a hand-operated
small arm or light weapon, that expels or is firearm with a revolving cylinder
designed to expel a bullet, shot, slug, missile or containing chambers for individual
any projectile, which is discharged by means of cartridges.
expansive force of gases from burning 2. Rifle which is a shoulder firearm or
gunpowder or other form of combustion or any designed to be fired from the shoulder that
similar instrument or implement. (Sec. 3 (l)) can discharge a bullet through a rifled
barrel by different actions of loading, which
Definition of Light weapons may be classified as lever, bolt, or self-
Class-A Light weapons which refer to self-loading loading; and
pistols, rifles and carbines, submachine guns, 3. Shotgun which is a weapon designed, made
assault rifles and light machine guns not and intended to fire a number of ball shots or
exceeding caliber 7.62MM which have fully a single projectile through a smooth bore by
automatic mode; the action or energy from burning
gunpowder. regulations (Sec. 3 (dd)).
Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons II. Punishable acts
serving as a crew, or rifles and machine guns a. Unlawful acquisition, or possession of
exceeding caliber 7.62MM such as heavy firearms and ammunition (Sec. 28)
machine guns, handheld underbarrel and
mounted grenade launchers, portable anti-aircraft 1. Small arm/s (or a major part thereof) –
guns, portable anti-tank guns, recoilless rifles, intended for individual use, to be fired from
portable launchers of anti-tank missile and rocket hand or shoulder, not capable of fully
systems, portable launchers of anti-aircraft automatic burst;
missile systems, and mortars of a caliber of less
than 100MM (Sec. 3 (t)). 2. Class-A light weapons (or a major part
thereof) – self-loading pistols, rifles, etc. not
Definition of Loose firearm exceeding caliber 7.62MM which have fully
An unregistered firearm, an obliterated or altered automatic mode;
firearm, firearm which has been lost or stolen,
illegally manufactured firearms, registered 3. Class-B light weapons (or a major part
thereof) – designed for use of 2 or more
firearms in the possession of an individual other
persons, which has a caliber exceeding
than the licensee and those with revoked licenses
7.62MM;
in accordance with the rules and regulations
(Sec. 3 (v)).
4. Firearm/s – any handheld weapon, small or
light weapon, that expels a bullet or any
Definition of Small arms
projectile; this includes a barrel, frame, or
Small arms refer to firearms intended to be or
receiver, or any major part thereof; or
primarily designed for individual use or that which
is generally considered to mean a weapon 5. Ammunition.
intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts of Aggravating circumstances for items (1)
discharge, such as: to (3) –
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i. Loaded with ammunition or inserted with a If the crime committed with the use of a loose
loaded magazine; firearm is penalized by the law with a maximum
penalty which is equal to the penalty imposed for
ii. Fitted or mounted with laser or any gadget illegal possession of firearms, the penalty of
used to guide the shooter to hit the target prision mayor in its minimum period shall be
such as thermal weapon sight (TWS) and imposed in addition to the penalty for the crime
the like; punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.
iii. Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer; Absorbed as an element of the crime of
rebellion, or insurrection, or attempted coup
iv. Accompanied with an extra barrel; and
d' etat
v. Converted to be capable of firing full
If the violation of this Act is made in furtherance
automatic bursts.
of, or incident to, or in connection with the
b. Use of loose firearm in the commission of a crime of rebellion or insurrection, or attempted
crime (Sec. 29) coup d' etat, such violation shall be absorbed as
an element of said crime/s.
A loose firearm refers to
Considered as a distinct and separate offense
1. Unregistered firearm;
If the crime is committed by the person without
2. Obliterated or altered firearm; using the loose firearm, the violation of this Act
shall be considered as a distinct and separate
3. Firearm which has been lost or stolen; offense.
4. Illegally manufactured firearms; Liability of Juridical Person
5. Registered firearms in the possession of an The penalty of prision mayor in its minimum to
individual other than the licensee; and prision mayor in its medium period shall be
imposed upon the owner, president, manager,
6. Those with revoked licenses.
director or other responsible officer of any
Considered an aggravating circumstance juridical entity who shall willfully or knowingly
allow any of the firearms owned by such to be
The use of a loose firearm, when inherent in the used by any person or persons found guilty of
commission of a crime punishable under the violating the provisions of the preceding
Revised Penal Code or other special laws, shall section, or willfully or knowingly allow any of
be considered as an aggravating circumstance. them to use unregistered firearms without any
legal authority to be carried outside of their
If penalty for crime charged is lower than the residence in the course of their employment.
penalty for illegal possession of firearms
c. Other prohibited acts
If the crime committed with the use of a loose
firearm is penalized by the law with a maximum 1. Unlawful manufacture, importation, sale or
penalty which is lower than the penalty imposed disposition of a firearm or ammunition, or a
for illegal possession of firearms, the penalty for major part thereof, or machinery, tool or
illegal possession of firearm shall be imposed instrument used or intended to be used by
in lieu of the penalty for the crime charged. the same person in the manufacture of a
firearm, ammunition, or a major part thereof
If penalty for crime charged is equal to the (Sec. 32);
penalty for illegal possession of firearms
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2. Possession of machinery, tool or instrument firearm muffler,

in the manner stated above by any person or firearm
whose business, employment or activity silencer
does not lawfully deal with the possession of 4) Accompanied
such article shall be prima facie evidence with an extra
that such article is intended to be used barrel
unlawfully. 5) Converted to be
capable of firing
3. Arms smuggling (Sec. 33); full automatic
bursts
4. Tampering, obliteration or alteration of
firearms identification (Sec. 34); P of a major part of Prision mayor in its
a small arm minimum period
5. Use of imitation firearm (Sec. 35); Prision mayor in its
medium period
6. Planting evidence (Sec. 38); If this violation is
committed by the
7. Failure to notify lost or stolen firearm or light
P of ammunition for same person
weapon (Sec. 40); and,
a small arm or charged with
8. Unlawful transfer/registration of firearms Class A light unlawful acquisition
(Sec. 41). weapon or possession of a
small arm, the
Summary of penalties under Sec. 28 & 29 former violation
Punishable act/s Penalty shall be absorbed
P of a small arm (a) Prision mayor by the latter
P of 3 or more small Reclusion temporal P of a major part of Prision mayor in its
arms or Class A to reclusion a Class A weapon medium period
light weapons (b) perpetua Prision mayor in its
P of a Class A light Prision mayor in its medium period
weapon (c) maximum period If this violation is
P of a Class B light Reclusion perpetua committed by the
weapon same person
P of ammunition for
P + any of the One degree higher charged with
a Class A light
following than the penalties in unlawful acquisition
weapon
1) Loaded with (a), (b), and (c) or possession of a
ammunition or Class A weapon,
inserted with a the former violation
loaded shall be absorbed
magazine by the latter
2) Fitted or P of a major part of Prision mayor in its
mounted with a Class B light maximum period
laser or any weapon
gadget used to Prision mayor in its
guide the maximum period
shooter to hit P of ammunition for If this violation is
the target a Class B light committed by the
3) Fitted or weapon same person
mounted with charged with
sniper scopes, unlawful acquisition
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or possession of a Authority of Barangay Captain to carry

Class B weapon, firearm
the former violation
shall be absorbed The authority of a Barangay Captain to carry his
by the latter firearm outside his residence was rooted in the
authority given to him by Local Government Code
Penalty for the
(LGC), which states that “in the performance of
crime
P + inherent in the his peace and order functions, the punong
+
crime barangay shall be entitled to possess and carry
aggravating
the necessary firearms within his territorial
circumstance
jurisdiction…” If the Barangay Captain is within
Prision Mayor
his barangay, he cannot be separated from his
P + used in crime (the penalty for
duty as a punong barangay – to maintain peace
with a lower penalty illegal possession of
and order. (Artillero v. Casimiro, G.R. No. 190569,
firearms)
2012)
Penalty for crime
P + used in crime + Ownership of the firearm is not an essential
with same penalty Prision Mayor element
minimum
Penalty for the The petitioner was indicted of the crime of illegal
crime + possession of firearms, as defined and penalized
Penalty for illegal by P.D. No. 1866, as amended by R.A. No. 8294.
P + not used in the possession of The elements for the prosecution of which crime
crime firearms (the are: (1) the existence of subject firearm; and (2)
penalty would be the fact that the accused who possessed or
separate and owned the same does not have the
distinct) corresponding license for it.
P + furtherance of, The crime of P is
Verily, ownership is not an essential element of
incident to, or in absorbed.
the crime of illegal possession of firearms. What
connection with
is merely required is either actual or constructive
the crime of
possession coupled with animus possidendi or
rebellion, or
intent to possess. (Mendoza v. People, G.R. No.
insurrection,
234196, 2018)
sedition, attempted
coup d’etat. What needs to be established for illegal
III. Other relevant rules possession of firearms
Use of an imitation firearm (Sec. 35) To sustain convictions for illegal possession of
firearms, the prosecution must show that:
An imitation firearm used in the commission of a
crime shall be considered a real firearm as 1. the firearm exists; and,
defined in this Act and the person who committed
the crime shall be punished in accordance with 2. the accused had no corresponding license
this Act. for it. (De Guzman y Aguilar v People, G.R.
No. 240475, 2019)
However, injuries caused on the occasion of the
conduct of competitions, sports, games, or any ————- end of topic ————-
recreation activities involving imitation firearms
shall not be punishable under this Act.
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TOPIC OUTLINE UNDER THE SYLLABUS: J. ANTI-HAZING ACT OF 2018 (RA 8049, AS
J. ANTI-HAZING ACT OF 2018 RA 8049, AS Hazing
AMENDED BY RA 11053
1. Any act that results in physical or
1. Definition of terms (Sec. 2) psychological suffering, harm, or injury;
2. Prohibition on hazing (Sec. 3) 2. Inflicted on a recruit, neophyte, applicant, or

member as part of an initiation rite or
3. Regulation of school-based initiation
practice made as a prerequisite for
rites (Sec. 4, RA 11053)
admission or a requirement for continuing
4. Persons liable membership in a fraternity, sorority, or
organization;
3. Including, but not limited to, paddling,
whipping, beating, branding, forced
calisthenics, exposure to the weather, forced
consumption of any food, liquor, beverage,
drug or other substance, or any other brutal
treatment or forced physical activity
which is likely to adversely affect the
physical and psychological health of such
recruit, neophyte, applicant, or member;
and,
4. Additionally, hazing includes any activity,

intentionally made or otherwise, by one
person alone or acting with others, that
tends to humiliate or embarrass, degrade,
abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do
menial, silly, or foolish tasks. (Sec. 2)
Organization
It is an organized body of people which includes,

but is not limited to, any club, association,
group, fraternity, and sorority. This term shall
include the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), the
Philippine Military Academy (PMA), the Philippine
National Police Academy (PNPA), and other
similar uniformed service-learning institutions.
(Sec. 2)
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Initiation or initiation rites III. Regulation of school-based initiation

rites
It refers to ceremonies, practices, rituals, or other
acts, whether formal or informal, that a person School-based initiation rites do not constitute
must perform or take part in order to be hazing provided that –
accepted into a fraternity, sorority, or
1. A written application to conduct initiation
organization as a full-fledged member.
rites shall be made to the proper authorities
It includes ceremonies, practices, rituals, and of the school not later than seven (7) days
other acts in all stages of membership in a prior to the conduct of initiation;
fraternity, sorority, or organization. (Sec. 2)
2. The written application must indicate:
II. Prohibition on hazing
a. Place and date of the initiation rites;
All forms of hazing shall be prohibited in
fraternities, sororities, and organizations in b. Names of the recruits, neophytes or
schools, including citizens' military training and applicants to be initiated;
citizens' army training, including not school-
c. Manner by which they will conduct the
based such as community-based and other
initiation rites; and,
similar organizations.
d. Names of the incumbent officers of
HOWEVER, the following shall not be
the fraternity, sorority, or organization
considered hazing:
and any person or persons who will
1. Tests, trainings, practices and procedures take charge in the conduct of the
employed for prospective regular initiation rites.
members of the Armed Forces of the
The application shall be under oath with
Philippines (AFP) and Philippine National
a declaration that it has been posted in
Police (PNP), as approved by the Secretary
the official school bulletin board, the
of National Defense and the National Police
bulletin board of the office of the
Commission duly recommended by the
fraternity, sorority, or organization, AND
Chief of Staff of AFP and the Director
two (2) other conspicuous places in the
General of PNP;
school or in the premises of the
2. Similar procedures and practices approved organization.
by the respective heads of other
The application shall be posted from the
uniformed learning institutions as to their
time of submission of the written notice to
prospective members; and,
the school authorities or head of
3. Any customary athletic events or other organization and shall only be removed
similar contests and competitions, or any from its posting three (3) days after
activity or conduct that furthers a legal and the conduct of the initiation rites;
legitimate objective, subject to prior
3. The initiation rites shall not last more than
submission of a medical clearance or
three (3) days; and,
certificate.
4. There are at least two (2) representatives of
No hazing shall be made a requirement for
the school present during the initiation.
employment in any business or corporation. (Sec.
3) School officials shall have the authority to impose
after due notice and summary hearing,
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disciplinary sanctions, in accordance with the The persistent and repeated proposal or
school's guidelines and regulations on the matter. invitation made to a person who had
twice refused to participate or join the
All members of the fraternity, sorority, or proposed fraternity, sorority, or
organization, who participated in the organization, shall be prima facie
unauthorized initiation rites, even if no hazing was evidence of vexation.
conducted, shall also be punished accordingly.
(Sec. 4, RA 11053) h. Owner or lessee of the place where hazing
is conducted, when he has actual knowledge
IV. Persons liable of the hazing but failed to take action to
Liable as PRINCIPALS prevent the same, OR failed to promptly
report the same if they can do so without
a. All persons who actually planned OR peril to their person or their family;
participated in the conduct of the hazing;
i. Parents if held in the home of one of the
b. All incumbent and former officers, officers or members of the fraternity, group,
nonresident members, or alumni of the or organization, when they have actual
fraternity, sorority or organization who are knowledge the hazing conducted but failed
actually present during the hazing; to take any action to prevent the same OR
failed to promptly report the same if they can
c. The adviser of the fraternity, sorority or do so without peril to their person or their
organization who is – family.
1. Present when the acts constituting the The presence of any person, even if such
hazing were committed; and person is not a member of the fraternity, sorority,
or organization, during the hazing is prima facie
2. Failed to take action to prevent the
evidence of participation therein as a principal,
same; or,
unless such person or persons prevented the
3. Failed to promptly report the same to commission of the acts punishable, or promptly
the law enforcement authorities, if such reported the same to the law enforcement
adviser or adviser or advisers can do so authorities if they can do so without peril, to their
without peril to their person or their person or their family.
family.
All forms of hazing shall be prohibited in
d. Officers or members who knowingly fraternities, sororities, and organizations in
cooperated in carrying out the hazing by schools, including citizens' military training and
inducing the victim to be present thereat; citizens' army training, including not school-
based such as community-based and other
e. Members who are present during the similar organizations.
hazing when they are intoxicated or
Liable as ACCOMPLICE
under the influence of alcohol or illegal
drugs; School authorities, barangay, municipal or city
officials shall be held liable as accomplice if:
f. Any person who shall intimidate,
threaten, force, or employ, or administer a. They have consented to the hazing; or
any form of vexation against another
person for the purpose of recruitment b. Have actual knowledge, but failed to take
in joining or promoting a particular any action to prevent the same; or,
fraternity, sorority, or organization.
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c. Failed to promptly report the same if they K. COMPREHENSIVE DANGEROUS DRUGS

can do so without peril to their person or their ACT OF 2002 (RA 9165, AS AMENDED BY
family. RA 10640)
V. Other relevant rules I. Definition of terms
Recognizing the malum prohibitum characteristic Den, dive or resort

of hazing, the law provides that any person
It is a place where any dangerous drug and/or
charged with the said crime shall not be entitled
controlled precursor and essential chemical is
to the mitigating circumstance that there was
administered, delivered, stored for illegal
no intention to commit so grave a wrong. Also,
purposes, distributed, sold or used in any form.
the framers of the law intended that the consent
of the victim shall not be a defense in hazing. Drug syndicate
(Dungo v. People, G.R. No. 209464, 2015)
It refers to any organized group of two (2) or more
————- end of topic ————- persons forming or joining together with the
intention of committing any offense prescribed
under this Act.
III. SPECIAL PENAL LAWS Financier
K. COMPREHENSIVE DANGEROUS DRUGS It refers to any person who pays for, raises or
ACT OF 2000 (RA 9165, AS AMENDED BY RA supplies money for, or underwrites any of the
10640) illegal activities prescribed under this Act.
1. Definition of terms (Sec. 3) Protector/coddler
2. Punishable acts It refers to any person who knowingly and willfully

consents to the unlawful acts provided for in this
3. Chain of custody (Sec. 21)
Act and uses his/her influence, power or position
4. Plea-bargaining (Sec. 23) in shielding, harboring, screening or facilitating
the escape of any person he/she knows, or has
5. Other relevant rules reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of
the violator.
II. Punishable acts

a. Importation of dangerous drugs and/or
controlled precursors and essential
chemicals, regardless of quantity or purity
involved. The maximum penalty shall be
imposed when:
• Done through the use of a diplomatic

passport, diplomatic facilities, or any
other means involving an offenders'
official status intended to facilitate
unlawful entry; and
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• Acting as organizer, manager, or Delivery is any act of knowingly passing

financier. (Sec. 4) a dangerous drug to another, personally
or otherwise, and by any means, with or
b. Sale, trading, administration, without consideration.
dispensation, delivery, distribution and
transportation of dangerous drugs and/or c. Maintenance of a den, dive or resort. The
controlled precursors and essential maximum penalty shall be imposed when:
chemicals, including any and all species of
opium poppy regardless of the quantity • Any dangerous drug is administered,
and purity involved. The maximum penalty delivered or sold to a minor who is
shall be imposed when: allowed to use the same in such a
place.
• It transpires within one hundred (100)
meters from the school. • Acting as organizer, manager, or
• Using minors or mentally incapacitated financier. (Sec. 6)
individuals as runners, couriers and
d. Being an employee of a den, dive or resort,
messengers, or in any other capacity.
who is aware of the nature of the place as
• The victim of the offense is a minor or a such. (Sec. 7)
mentally incapacitated individual, or
should a dangerous drug and/or a • Any person who, not being included in
controlled precursor and essential the provisions of the next preceding
chemical involved in any offense herein paragraph, is aware of the nature of the
provided be the proximate cause of death place as such and shall knowingly visit
of a victim. the same.
• Acting as organizer, manager, or
financier. (Sec. 5) e. Manufacture of dangerous drugs and/or
controlled precursors and essential
Illegal sale chemicals (Sec. 8)
In order to sustain conviction for selling prohibited
The presence of any controlled precursor
drugs, the element of sale must be unequivocally
and essential chemical or laboratory
established. Also, what the law proscribes is not
equipment in the clandestine laboratory is a
only the act of selling but also, albeit not limited
prima facie proof of manufacture of any
to, the act of delivering. The commission of the
dangerous drug. It shall be considered an
offense of illegal sale of marijuana required
aggravating circumstance if the clandestine
merely the consummation of the selling
laboratory is undertaken or established
transaction. What is important is that the poseur-
under the following circumstances:
buyer received the marijuana from the accused.
(People v. Ponferada, G.R. NO. 101004, 1993) 1. Any phase of the manufacturing
process was conducted in the
presence or with the help of minor/s;
Elements of illegal sale
2. Any phase or manufacturing process
1. Identity of the buyer and the seller, the object
was established or undertaken within
of the sale and the consideration;
one hundred (100) meters of a
2. Delivery of the thing sold and the payment
residential, business, church or
therefor. (People of the Philippines v. Teofilo
school premises;
Honrado and Romulo Honrado, G.R. No.
182197, 2012)
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3. Any clandestine laboratory was 3. the accused freely and consciously

secured or protected with booby possessed the drug. (People v.
traps; Trinidad, G.R. No. 199898, 2014)
4. Any clandestine laboratory was Jurisprudence is consistent in that mere

concealed with legitimate business possession of a prohibited drug
operations; or constitutes prima facie evidence of
knowledge or animus possidendi
5. Any employment of a practitioner, sufficient to convict an accused in the
chemical engineer, public official or absence of any satisfactory explanation.
foreigner. Illegal possession of regulated drugs is
mala prohibita, and, as such, criminal
The maximum penalty provided for under
intent is not an essential element.
this Section shall be imposed upon any
However, the prosecution must prove
person, who organizes, manages or acts
that the accused had the intent to
as a "financier" of any of the illegal
possess (animus posidendi) the drugs.
activities prescribed in this Section.
Possession, under the law, includes not
f. Illegal chemical diversion of controlled only actual possession, but also
precursors and essential chemicals (Sec. 9) constructive possession. Actual
possession exists when the drug is in the
g. Manufacture or delivery of equipment, immediate possession or control of the
instrument, apparatus, and other accused. On the other hand, constructive
paraphernalia for dangerous drugs and/or possession exists when the drug is under
controlled precursors and essential the dominion and control of the accused
chemicals. The maximum penalty shall be or when he has the right to exercise
imposed when any person, who uses a dominion and control over the place
minor or a mentally incapacitated individual where it is found. Exclusive possession
to deliver such equipment, instrument, or control is not necessary. (People v.
apparatus and other paraphernalia for Trinidad, G.R. No. 199898, 2014)
dangerous drugs. (Sec. 10)
i. Possession of equipment, instrument,
h. Possession of dangerous drugs, regardless apparatus and other paraphernalia for fit or
of purity of the quantities laid down in the act. intended for smoking, consuming,
(Sec. 11) administering, injecting, ingesting, or
introducing any dangerous drug into the
If person who has tested positive is also body (Sec. 12)
found in possession of dangerous drugs,
he should be prosecuted under j. Possession of dangerous drugs during
possession. Hence, USE is subsumed by parties, social gatherings or meetings, or in
POSSESSION. the proximate company of at least two (2)
persons, regardless of quantity and purity,
Elements of possession shall suffer maximum penalty (Sec. 13)
1. the accused is in possession of an k. Possession of equipment, instrument,

item or object, which is identified to apparatus and other paraphernalia for fit or
be prohibited or regulated drug; intended for smoking, consuming,
administering, injecting, ingesting, or
2. such possession is not authorized
introducing any dangerous drug into the
by law; and
body, during parties, social gatherings or
meetings, or in the proximate company of at
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least two (2) persons shall suffer maximum Rules on chain of custody
penalty (Sec. 14)
a. At the place where the search warrant is
l. Use of Dangerous Drugs, after being found served, or nearest police station, or nearest
positive via a confirmatory test. (Sec. 15) office of the apprehending officer/team,
there must be the inventory and photographs
As discussed under Sec. 11, this provision is done in the presence of the accused, or
not applicable if the person tested is also his/her representative or counsel with:
found to have in his/her possession such
quantity of any dangerous drug provided 1. An elected public official; and
under Sec. 11.
2. Representative of the National
m. Cultivation or culture of plants classified as Prosecution Service or the media.
dangerous drugs or are sources thereof
(Sec. 16) b. Within 24 hours from seizure, items must be
submitted to the PDEA Forensic laboratory
n. Failure to maintain or keep original records for examination.
of transactions on Dangerous Drugs and/or
controlled precursors and essential c. Immediately upon receipt of the subject
chemicals (Sec. 17) item/s, a certification under oath of the
forensic laboratory examiner shall be made.
o. Unnecessary prescription of dangerous
drugs – It is the act of prescribing any d. Within 72 hours from filing of criminal case,
dangerous drug to any person whose an ocular inspection shall be made.
physical or physiological condition does not
e. Within 24 hours from filing of ocular, the
require the use or in the dosage prescribed
drugs seized must be destroyed by the
therein (Sec. 18)
PDEA in the presence of the accused or the
p. Unlawful prescription of drugs – Any person, person/s from whom such items were
who, unless authorized by law, shall make or confiscated and/or seized, or his/her
issue a prescription or any other writing representative or counsel, a representative
purporting to be a prescription for any from the media and the DOJ, civil society
dangerous drug (Sec. 19) groups and any elected public official.
III. Chain of custody f. A representative sample in min. quantity

shall be retained. Those that belong to lawful
It refers to the duly recorded authorized commerce shall be donated or recycled for
movements and custody of seized drugs or legitimate purposes.
controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each g. Sworn certification of destruction shall be
stage, from the time of seizure/confiscation to issued by the Board and submitted to the
receipt in the forensic laboratory to safekeeping court with jurisdiction of the case, along with
to presentation in court for destruction. Such the sample.
record of movements and custody of seized item
shall include the identity and signature of the h. Accused or representative are allowed to
person who held temporary custody of the seized observe proceedings. If accused has no
item, the date and time when such transfer of counsel within 72hrs from written notice prior
custody were made in the course of safekeeping to destruction, court shall appoint a counsel
and use in court as evidence, and the final from PAO.
disposition. (Section 1(b) of Dangerous Drugs
Board Regulation No. 1, Series of 2002)
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i. Within 24 hours from receipt of judgment – i. There was a discrepancy in the weight of the
trial prosecutor shall inform the Board and seized items (People v. Ramos, G.R. No.
request for leave to turn over the samples to 233744, 2018)
PDEA for destruction.
j. There was a discrepancy in the number of
Non-compliance with these requirements under the sachets shown in the photographs and
justifiable grounds, as long as the integrity and the number of sachets for which the accused
the evidentiary value of the seized items are is being charged of illegally possessing
properly preserved by the apprehending (People v. Lumaya, G.R. No. 231983, 2018)
officer/team, shall not render void and invalid
such seizures and custody over said items. (Sec. k. No physical inventory was conducted for the
21) items taken (People v. Mercader, G.R. No.
233480, 2018)
Considered violations of chain of custody rule
l. No photographs of the seized items were
a. Accused was not present during the taken (People v. Mercader, G.R. No.
photography of the seized items (People v. 233480, 2018)
Cordova, 231130, 2018)
Links that the prosecution must endeavor to
b. A representative of either the National establish with respect to the chain of custody
Prosecution Service or the media was in a buy-bust operation
absent during the photography and
inventory of the seized items (People v. The following links must be established:
Cordova, G.R. No. 231130, 2018)
a. Seizure and marking of the illegal drug
c. Three days had passed since the items were recovered from the accused by the  
seized from the accused (People v. Cordova, apprehending officer;
G.R. No. 231130, 2018)
b. Turnover of the illegal drug seized by the
d. Two separate inventories were conducted apprehending officer to the investigating
which were attended by different witnesses  officer;
(People v. Cabrellos, G.R. No. 229826,
2018) c. Turn over by the investigating officer of the
illegal drug to the forensic chemist for
e. The drugs were turned over to the crime laboratory examination; and,
laboratory 10 days after seizure (People v.
Ching, G.R. No. 223556, 2017) d. Turnover and submission of the marked
illegal drug seized by the forensic
f. The drugs were turned over immediately to chemist to the court. (People v.
the crime laboratory, without it being first Watamama, G.R. No. 18871, 2014)
delivered to an investigating officer (People
v. Calibod, G.R. No. 230230, 2017) IV. Plea bargaining
While Section 23 of the Dangerous Drugs Act
g. The drugs were not directly turned over to
provides that “any person charged under any
the forensic chemist. Instead, it was only left
provision of this Act regardless of the imposable
within the premises of the crime laboratory
penalty shall not be allowed to avail of the
(People v. Calibod, G.R. No. 230230, 2017)
provision on plea-bargaining,” this provision has
h. There were discrepancies in the labels of the been stricken down as unconstitutional in
seized items (People v. Alvaro, G.R. No. Estipona v. Hon. Lobrigo (G.R. 226679, 2017) for
225596, 2018) being contrary to the rule-making authority of the
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Supreme Court under Section 5 (5), Article VIII of TOPIC OUTLINE UNDER THE SYLLABUS:
the Constitution.
V. Other relevant rules
While testimony about a perfect chain is not L. CODE OF CONDUCT AND ETHICAL
always the standard because it is almost always STANDARDS FOR PUBLIC OFFICIALS AND
impossible to obtain, an unbroken chain of EMPLOYEES (RA 6713)
custody becomes indispensable and
essential when the item of real evidence is not 1. Definition of terms (Sec. 3)
distinctive and is not readily identifiable, or
when its condition at the time of testing or trial 2. Norms of conduct of public officials and
is critical, or when a witness has failed to employees (Sec. 4)
observe its uniqueness. The same standard
likewise obtains in case the evidence is 3. Duties of public officials and employees
susceptible to alteration, tampering, (Sec. 5)
contamination and even substitution and
exchange. In other words, the exhibit’s level of 4. Prohibited acts (Sec. 7)
susceptibility to fungibility, alteration or tampering
– without regard to whether the same is advertent 5. Statements and disclosure (Sec. 8)
or otherwise not – dictates the level of strictness
in the application of the chain of custody rule. 6. Divestment (Sec. 9)
(People v. Climaco, G.R. No. 199403, 2012)
Non-compliance with the procedural
requirements under RA 9165 and its IRR relative
to the custody, photographing, and drug-testing of
the apprehended persons, is not a serious flaw
that can render void the seizures and custody of
drugs in a buy-bust operation (People v.
Cardenas, G.R. No. 190342, 2012)
A buy-bust operation is valid despite the absence

of a prior surveillance. Prior surveillance is not
required, especially when the team is
accompanied to the scene by the informant
(People of the Philippines v. Camilo D. Nicart and
Manuel T. Capanpan, G.R. No. 182059, 2012)
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L. CODE OF CONDUCT AND ETHICAL Family of public officials or employees

STANDARDS FOR PUBLIC OFFICIALS It means their spouses and unmarried children
AND EMPLOYEES (RA 6713) under eighteen (18) years of age.
Person
Government It includes natural and juridical persons, unless
It includes the National Government, the local the context indicates otherwise.
governments, and all other instrumentalities,
agencies, or branches of the Republic of the Conflict of interest
Philippines, including government-owned or It arises when a public official or employee is a
controlled corporations, and their subsidiaries. member of a board, an officer, or a substantial
stockholder of a private corporation or owner or
Public Officials has a substantial interest in a business, and the
It includes elective and appointive officials and interest of such corporation or business, or his
employees, permanent or temporary, whether in rights or duties therein, may be opposed to or
the career or non-career service, including affected by the faithful performance of official
military and police personnel, whether or not they duty.
receive compensation, regardless of amount.
Divestment
Gift It is the transfer of title or disposal of interest in
It refers to a thing or a right to dispose of property by voluntarily, completely and actually
gratuitously, or any act or liberality, in favor of depriving or dispossessing oneself of his right or
another who accepts it, and shall include a title to it in favor of a person or persons other than
simulated sale or an ostensibly onerous his spouse and relatives as defined in this Act.
disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value Relatives
not given in anticipation of, or in exchange for, a It refers to any and all persons related to a public
favor from a public official or employee. official or employee within the fourth civil degree
of consanguinity or affinity, including bilas, inso
Receiving any gift and balae. (Sec. 3)
It includes the act of accepting directly or
indirectly, a gift from a person other than a II. Norms of conduct of public officials and
member of his family or relative as defined in this employees
Act, even on the occasion of a family celebration Every public official and employee shall observe
or national festivity like Christmas, if the value of the following as standards of personal conduct in
the gift is neither nominal nor insignificant, or the the discharge and execution of official duties:
gift is given in anticipation of, or in exchange for, a. Commitment to public interest;
a favor. b. Professionalism;
c. Justness and sincerity;
Loan d. Political neutrality;
It covers both simple loan and commodatum as e. Responsiveness to the public;
well as guarantees, financing arrangements or f. Nationalism and patriotism;
accommodations intended to ensure its approval. g. Commitment to democracy; and,
h. Simple living. (Sec. 4)
Substantial stockholder
It means any person who owns, directly or III. Duties of public officials and employees
indirectly, shares of stock sufficient to elect a
In the performance of their duties, all public
director of a corporation. This term shall also
officials and employees are under obligation to:
apply to the parties to a voting trust.
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a. Act promptly on letters and requests. - All indirectly, have any financial or material
public officials and employees shall, within interest in any transaction requiring the
fifteen (15) working days from receipt approval of their office.
thereof, respond to letters, telegrams or b. Outside employment and other activities
other means of communications sent by the related thereto – Public officials and
public. The reply must contain the action employees during their incumbency shall
taken on the request. not:
b. Submit annual performance reports. - All 1. Own, control, manage or accept
heads or other responsible officers of offices employment as officer, employee,
and agencies of the government and of consultant, counsel, broker, agent,
government-owned or controlled trustee or nominee in any private
corporations shall, within forty-five (45) enterprise regulated, supervised or
working days from the end of the year, licensed by their office unless expressly
render a performance report of the agency allowed by law;
or office or corporation concerned. Such 2. Engage in the private practice of their
report shall be open and available to the profession unless authorized by the
public within regular office hours. Constitution or law, provided, that such
c. Process documents and papers practice will not conflict or tend to
expeditiously. - All official papers and conflict with their official functions; or
documents must be processed and 3. Recommend any person to any position
completed within a reasonable time from the in a private enterprise which has a
preparation thereof and must contain, as far regular or pending official transaction
as practicable, not more than three (3) with their office.
signatories therein. In the absence of duly
authorized signatories, the official next-in- These prohibitions shall continue to apply
rank or officer in charge shall sign for and in for a period of one (1) year after
their behalf. resignation, retirement, or separation
d. Act immediately on the public's personal from public office, except in the case of
transactions. - All public officials and subparagraph (b) (2) above, but the
employees must attend to anyone who professional concerned cannot practice
wants to avail himself of the services of their his profession in connection with any
offices and must, at all times, act promptly matter before the office he used to be
and expeditiously. with, in which case the one-year
e. Make documents accessible to the public. - prohibition shall likewise apply.
All public documents must be made c. Disclosure and/or misuse of confidential
accessible to, and readily available for information – Public officials and employees
inspection by, the public within reasonable shall not use or divulge, confidential or
working hours. (Sec. 4) classified information officially known to
them by reason of their office and not made
available to the public, either:
IV. Prohibited acts
1. To further their private interests, or give
In addition to acts and omissions of public officials undue advantage to anyone; or
and employees now prescribed in the 2. To prejudice the public interest.
Constitution and existing laws, the following shall d. Solicitation or acceptance of gifts – Public
constitute prohibited acts and transactions of any officials and employees shall not solicit or
public official and employee and are hereby accept, directly or indirectly, any gift, gratuity,
declared to be unlawful: favor, entertainment, loan or anything of
a. Financial and material interest – Public monetary value from any person in the
officials and employees shall not, directly or course of their official duties or in connection
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with any operation being regulated by, or any Contents

transaction which may be affected by the a. real property, its improvements, acquisition
functions of their office. costs, assessed value and current fair
market value;
As to gifts or grants from foreign b. personal property and acquisition cost;
governments, the Congress consents to: c. all other assets such as investments, cash
1. The acceptance and retention by a on hand or in banks, stocks, bonds, and the
public official or employee of a gift of like;
nominal value tendered and received d. liabilities, and;
as a souvenir or mark of courtesy; e. all business interests and financial
2. The acceptance by a public official or connections.
employee of a gift in the nature of a
scholarship or fellowship grant or When to file
medical treatment; or a. within thirty (30) days after assumption of
3. The acceptance by a public official or office;
employee of travel grants or expenses b. on or before April 30, of every year
for travel taking place entirely outside thereafter; and
the Philippine (such as allowances, c. within thirty (30) days after separation from
transportation, food, and lodging) of the service.
more than nominal value if such
acceptance is appropriate or consistent Additional requirements
with the interests of the Philippines, and All public officials and employees required under
permitted by the head of office, branch this section to file the aforestated documents
or agency to which he belongs. shall also execute, within thirty (30) days from the
date of their assumption of office, the necessary
V. Statements and disclosure authority in favor of the Ombudsman to obtain
Public officials and employees have an obligation from all appropriate government agencies,
to accomplish and submit declarations under oath including the Bureau of Internal Revenue, such
of, and the public has the right to know, their documents as may show their assets, liabilities,
assets, liabilities, net worth and financial and net worth, and also their business interests and
business interests including those of their financial connections in previous years, including,
spouses and of unmarried children under if possible, the year when they first assumed any
eighteen (18) years of age living in their office in the Government.
households.
Husband and wife who are both public officials
a. Statements of Assets and Liabilities and or employees may file the required statements
Financial Disclosure jointly or separately.
All public officials and employees, except those Who shall file
who serve in an honorary capacity, laborers and a. Constitutional and national elective officials,
casual or temporary workers, shall file under oath with the national office of the Ombudsman;
their Statement of Assets, Liabilities and Net b. Senators and Congressmen, with the
Worth and a Disclosure of Business Interests and Secretaries of the Senate and the House of
Financial Connections and those of their spouses Representatives, respectively; Justices, with
and unmarried children under eighteen (18) years the Clerk of Court of the Supreme Court;
of age living in their households. Judges, with the Court Administrator; and all
national executive officials with the Office of
the President.
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c. Regional and local officials and employees, b. any commercial purpose other than by news
with the Deputy Ombudsman in their and communications media for
respective regions; dissemination to the general public. (Sec. 8)
d. Officers of the armed forces from the rank of
colonel or naval captain, with the Office of VI. Divestment
the President, and those below said ranks, A public official or employee shall avoid conflicts
with the Deputy Ombudsman in their of interest at all times. When a conflict of interest
respective regions; and arises, he shall resign from his position in any
e. All other public officials and employees, private business enterprise within thirty (30) days
defined in Republic Act No. 3019, as from his assumption of office and/or divest
amended, with the Civil Service himself of his shareholdings or interest within
Commission. sixty (60) days from such assumption.
b. Identification and disclosure of relatives The same rule shall apply where the public
official or employee is a partner in a
It shall be the duty of every public official or
partnership.
employee to identify and disclose, to the best of
his knowledge and information, his relatives in the
The requirement of divestment shall not apply to
Government in the form, manner and frequency
those who serve the Government in an
prescribed by the Civil Service Commission.
honorary capacity nor to laborers and casual
c. Accessibility of documents or temporary workers. (Sec. 9)
a. Any and all statements filed under this Act, VII. Other relevant rules
shall be made available for inspection at To warrant dismissal from the service, the
reasonable hours. misconduct must be grave, serious, important,
b. Such statements shall be made available for weighty, momentous, and not trifling. The
copying or reproduction after ten (10) misconduct must imply wrongful intention and not
working days from the time they are filed as a mere error of judgment. Corruption as an
required by law. element of grave misconduct consists in the act
c. Any person requesting a copy of a statement of an official or employee who unlawfully or
shall be required to pay a reasonable fee to wrongfully uses her station or character to
cover the cost of reproduction and mailing of procure some benefit for herself or for another, at
such statement, as well as the cost of the expense of the rights of others. Nonetheless,
certification. "a person charged with grave misconduct may be
d. Any statement filed under this Act shall be held liable for simple misconduct if the
available to the public for a period of ten (10) misconduct does not involve any of the additional
years after receipt of the statement. After elements to qualify the misconduct as grave.
such period, the statement may be Grave misconduct necessarily includes the lesser
destroyed unless needed in an ongoing offense of simple misconduct." (GSIS v.
investigation. Mayordomo, G.R. No. 191218, 2011)
d. Prohibited acts
A gift is covered by the prohibition, so long as it
It shall be unlawful for any person to obtain or use has more than nominal monetary value. It is not
any statement filed under this Act for: necessary for the solicitation to be for a fund-
a. any purpose contrary to morals or public raising project. The mere fact that the gift
policy; or received was unsolicited cannot, by itself, suffice
to exonerate the recipient. It would only suffice to
exonerate the recipient if the unsolicited gift is
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also nominal in value and not given in anticipation on criminal complaints against public officials and
of, or in exchange for, a favor. In such a situation, government employees. The rule on non-
the gift would fall outside the purview of RA 6713, interference is based on the "respect for the
which expressly provides that the term "gift" does investigatory and prosecutory powers granted by
"not include an unsolicited gift of nominal or the Constitution to the Office of the Ombudsman.
insignificant value[;] not given in anticipation of, or As an independent constitutional body, it has the
in exchange for, a favor from a public official or sole power to determine whether there is
employee. (Mabini v. Raga, A.M. No. P-06-2150, probably cause to warrant the filing of a criminal
2006) case against an accused; this function is
executive in nature. Further, the public prosecutor
Cases is not bound by the technical rules on evidence.
Dichaves v. Office of the Ombudsman, G.R. No. The executive finding of probable cause requires
206310-11, 2016 only substantial evidence, not absolute certainty
On August 26, 1999, a person opened a Savings of guilt. As the Office of the Ombudsman's
Account with the Equitable Banking Corporation conclusion is based on a belief or an opinion, the
and Equitable-PCI Bank, under a fictitious name technical rules on evidence cannot be made to
“Jose Velarde”. Aside from these, a Current apply to it. This Court finds no reason to violate
Account and Investment Management Trust the policy of non-interference in the exercise of
Account were opened as well. On February 4, the Ombudsman's constitutionally mandated
2000, a P500 million was withdrawn from the powers. The Ombudsman's ruling must be
Savings Account by former President X. Y claims respected.
ownership of the said accounts, asserting that he
used the alias “Jose Velarde” for security Office of the Ombudsman v. Regalado, G.R.
purposes. In the first complaint, Y was accused of 208481-82, 2018
direct bribery, indirect bribery, corruption of public Respondent X is an immigration officer in the
officials, and violations of PD 46. In another Davao Office of the Bureau of Immigration
complaint, Y is accused of violating RA 6713, RA wherein complainant Y was requesting for an
3019 or the Anti-Graft and Corrupt Practices Act, accreditation for admission of foreign student’s in
and plunder under RA 8080. On September 12, her preparatory school. X claims that a
2007, X was found guilty beyond reasonable processing fee of Php 50,000 was necessary plus
doubt of the crime of plunder. The honorariums for the accreditors since they will
Sandiganbayan ruled that X was the real and come from outside Mindanao. X was then found
beneficial owner of the "Jose Velarde" account. guilty by the lower courts for violating Section 7(d)
The Ombudsman commenced the preliminary of R.A. 6713 (CODE OF CONDUCT AND
investigation in 2011, and found probable cause ETHICAL STANDARDS FOR PUBLIC
to charge him with plunder in 2012. Y was OFFICIALS AND EMPLOYEES) for solicitations
indicted for conspiring with the former President of any gift, gratuity, loan or anything of monetary
in amassing ill-gotten wealth. Did the Office of the value since it was discovered that the actual
Ombudsman gravely abuse its discretion in processing fee was only Php 10,000 pesos no
finding probably cause against X to charge him of more no less. The excess amount being asked for
plunder, by incorrectly considering pieces of was admittedly for red tape or bribe purposes.
evidence allegedly not presented during the The court of appeals however, instead of
preliminary investigation? dismissing her from service, applied a mitigating
circumstances of her “good work performance”
No. As a general rule, this Court does not interfere and being a first time offender which they
with the Office of the Ombudsman's exercise of rendered a judgment of only 1 year suspension
its constitutional mandate. Both the Constitution without pay. Is X guilty for violating Article 7(d) of
and Republic Act No. 6770 (The Ombudsman Act R.A. 6713 and is it possible to lower the penalty
of 1989) give the Ombudsman wide latitude to act through a mitigating circumstance?
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Yes she is guilty of violating such law M. ANTI-GRAFT AND CORRUPT PRACTICES
since she admitted that such acts of ACT (RA 3019, AS AMENDED BY RA 3047,
bribery and solicitation of money were PD 677, PD 1288, BP 195 AND RA 10910)
common and accepted practice in the
immigration department. It was a clear
and overt violation of the law provided. It Government
was not possible to lower the penalty by
a mitigating circumstance of “good work It includes the national government, the local
performance” and as a first time offender governments, the government-owned and
because of the absence that such government-controlled corporations, and all
penalty was subject to a mitigating other instrumentalities or agencies of the
circumstance and the law is clear in Republic of the Philippines and their branches.
providing the penalty of dismissal even
Public officer
on the first offense.
It includes elective and appointive officials and
————- end of topic ————- employees, permanent or temporary, whether
in the classified or unclassified or exempt service
TOPIC OUTLINE UNDER THE SYLLABUS: receiving compensation, even nominal, from the
government as defined in the preceding
III. SPECIAL PENAL LAWS subparagraph.
M. ANTI-GRAFT AND CORRUPT PRACTICES Receiving any gift

ACT (RA 3019, AS AMENDED BY RA 3047, PD
677, PD 1288, BP 195 AND RA 10910) It includes the act of accepting directly or
indirectly a gift from a person other than a
1. Definition of terms (Sec. 2) member of the public officer's immediate family,
in behalf of himself or of any member of his family
2. Punishable acts (Sec. 3)
or relative within the fourth civil degree, either by
3. Prohibitions on individuals (Secs. 4 to 6) consanguinity or affinity, even on the occasion of
a family celebration or national festivity like
4. Statement of assets and liabilities (Sec. Christmas, if the value of the gift is under the
7) circumstances manifestly excessive. (Sec. 2)
5. Dismissal due to unexplained wealth II. Punishable acts

(Sec. 8) In addition to acts or omissions of public officers
already penalized by existing law, the following
shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
a. Persuading, inducing or influencing another

public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
induced, or influenced to commit such
violation or offense.
Note: The persuasion need not be successful.
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b. Directly or indirectly requesting or receiving e. Causing any undue injury to any party,
any gift, present, share, percentage, or including the Government, or giving any
benefit, for himself or for any other person, in private party any unwarranted benefits,
connection with any contract or transaction advantage or preference in the discharge of
between the Government and any other part, his official administrative or judicial functions
wherein the public officer in his official through manifest partiality, evident bad faith or
capacity has to intervene under the law. gross inexcusable negligence. This provision
shall apply to officers and employees of offices
Notes: or government corporations charged with the
• Sec. 3(b) of R.A. No. 3019, refers to a grant of licenses or permits or other
public officer whose official intervention is concessions.
required by law in a contract or
transaction (Jaravata v. Sandiganbayan Notes:
G.R. L-56170, 1984) • A violation of this provision may be committed
• Lack of “demand” is immaterial since the either by dolo, as when the accused acted
provision uses the word “or” between with evident bad faith or manifest partiality, or
requesting and receiving. by culpa as when the accused acted with
• There must be a clear intention on the gross inexcusable negligence (Jaca v.
part of the public officer to take the gift so People, G.R. No. 166967, 2013)
offered and consider it as his or her own • Manifest Partiality – synonymous with "bias"
property from then on. Mere physical (Fonacier v. Sandiganbayan, G.R. No. L-
receipt is not sufficient that the crime has 50691, 1994)
been committed. (Peligrino v. People • Bad faith – imputes a dishonest purpose or
G.R. 136266, 2001) some moral obliquity and conscious doing of
• Conspiracy by silence and inaction a wrong; it partakes of the nature of fraud
occurs when the accused are all heads of (Fonacier v. Sandiganbayan, G.R. No. L-
their respective offices that perform 50691, 1994)
interdependent functions in the • Gross negligence – as negligence
processing of cash advances and, exhibit characterized by the want of even slight care,
an attitude of “buck- passing” [the acting or omitting to act in a situation where
practice of shifting the responsibility for there is a duty to act, not inadvertently but
something to someone else] in the face willfully and intentionally with a conscious
of the irregularities (Jaca v. People, G.R. indifference to consequences in so far as
No. 166967, 2013) other persons may be affected (Fonacier v.
c. Directly or indirectly requesting or receiving Sandiganbayan, G.R. No. L-50691, 1994)
any gift, present or other pecuniary or material • The inclusion of all the modes of violating
benefit, for himself or for another, from any Section 3(e) of R.A. 3019 in the charge sheet
person for whom the public officer, in any is not equivalent to charging the accused with
manner or capacity, has secured or obtained, 3 acts. The use of the three phrases
or will secure or obtain, any Government "manifest partiality," "evident bad faith" and
permit or license, in consideration for the help "gross inexcusable negligence" in the same
given or to be given, without prejudice to information does not mean that the
Section thirteen of this Act. indictment charges three distinct offenses but
only implies that the offense charged may
d. Accepting or having any member of his family have been committed through any of the
accept employment in a private enterprise modes provided by the law (Fonacier v.
which has pending official business with him Sandiganbayan, G.R. No. L-50691, 1994)
during the pendency thereof or within one year
after its termination.
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• There is no attempted or frustrated stage of grossly and manifestly disadvantageous

the crime defined in Sec. 3(e) of R.A. No. to the government, it was held that one of
3019. the elements of the crime, i.e., that the
contract or transaction is grossly and
f. Neglecting or refusing, after due demand or manifestly disadvantageous to the
request, without sufficient justification, to act government, is conspicuously missing
within a reasonable time on any matter (Froilan v. Sandiganbayan, G.R. No.
pending before him for the purpose of 115221, 2000)
obtaining, directly or indirectly, from any • There is no need to prove the validity of
person interested in the matter some the contract or transaction. (Luciano v.
pecuniary or material benefit or advantage, Estrella, G.R. No. L- 31622, 1970)
or for the purpose of favoring his own
interest or giving undue advantage in favor h. Directly or indirectly having financing or
of or discriminating against any other pecuniary interest in any business, contract or
interested party. transaction in connection with which he
intervenes or takes part in his official capacity,
g. Entering, on behalf of the Government, into or in which he is prohibited by the Constitution
any contract or transaction manifestly and or by any law from having any interest.
grossly disadvantageous to the same,
whether or not the public officer profited or Note: Actual intervention is required.
will profit thereby.
i. Directly or indirectly becoming interested, for
Notes: personal gain, or having a material interest in
• Determining whether the contract was any transaction or act requiring the approval
manifestly and grossly disadvantageous of a board, panel or group of which he is a
is not merely based on consideration of member, and which exercises discretion in
the pecuniary amount involved. (Marcos such approval, even if he votes against the
v. Sandiganbayan, G.R. No. 126995, same or does not participate in the action of
1998) the board, committee, panel or group.
• This partakes of the nature of malum
prohibitum (Go v. Sandiganbayan, G.R. Interest for personal gain shall be presumed
No. 172602, 2007) against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
• Section 3(g) of RA 3019 is for PUBLIC
irregular transaction or acts by the board, panel
OFFICERS ONLY. The liability of private
or group to which they belong.
individuals who participated in the
transaction must be established under j. Knowingly approving or granting any license,
another MORE appropriate provision, permit, privilege or benefit in favor of any
which is Section 4(b) of RA 3019, for person not qualified for or not legally entitled
knowingly inducing or causing the public to such license, permit, privilege or advantage,
officers to commit crimes punished under or of a mere representative or dummy of one
Section 3(g) where criminal intent must who is not so qualified or entitled.
necessarily be proved. This is in clear
recognition that Section 3(g), a malum k. Divulging valuable information of a
prohibitum, specifically applies to public confidential character, acquired by his office or
officers only (Go v. Sandiganbayan, G.R. by him on account of his official position to
No. 172602, 2007) unauthorized persons, or releasing such
• Where the government was amply information in advance of its authorized
protected in the subject transaction, and release date.
consequently the contract was not
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III. Prohibitions on individuals compliance with requisites provided by law,

or rules or regulations issued pursuant to
Prohibition on private individuals.
law, nor to any act lawfully performed in an
It shall be unlawful for any person having family official capacity or in the exercise of a
or close personal relation with any public profession (Sec. 5)
official to capitalize or exploit or take
Prohibition on Members of Congress
advantage of such family or close personal
relation by directly or indirectly requesting or It shall be unlawful hereafter for any Member of
receiving any present, gift or material or the Congress during the term for which he has
pecuniary advantage from any other person been elected, to acquire or receive any personal
having some business, transaction, application, pecuniary interest in any specific business
request or contract with the government, in which enterprise which will be directly and particularly
such public official has to intervene. favored or benefited by any law or resolution
authored by him previously approved or adopted
Family relation shall include the spouse or
by the Congress during the same term.
relatives by consanguinity or affinity in the third
civil degree. This also applies to any other public officer who
recommended the initiation in Congress of the
Close personal relation shall include close
enactment or adoption of any law or resolution,
personal friendship, social and fraternal
and acquires or receives any such interest during
connections, and professional employment all
his incumbency.
giving rise to intimacy which assures free access
to such public officer. (Sec. 4) It shall likewise be unlawful for such member of
Congress or other public officer, who, having such
Prohibition on certain relatives.
interest prior to the approval of such law or
It shall be unlawful for the spouse or for any resolution authored or recommended by him,
relative, by consanguinity or affinity, within the continues for thirty days after such approval
third civil degree, of the President of the to retain such interest. (Sec. 6)
Philippines, the Vice-President of the
IV. Statement of assets and liabilities
Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to What to file
intervene, directly or indirectly, in any business,
transaction, contract or application with the A true detailed and sworn statement of assets and
Government. liabilities, including a statement of the amounts
and sources of his income, the amounts of his
This prohibition shall not apply to the following: personal and family expenses and the amount of
income taxes paid for the next preceding
a. any person who prior to the assumption of calendar year
office of any of the above officials to whom
he is related, has been already dealing with Who shall file
the Government along the same line of
business; nor, Every public officer
b. to any transaction, contract or application When to file

already existing or pending at the time of
a. after assuming office, and within the month
such assumption of public office, nor to any
of January of every other year thereafter;
application filed by him the approval of which
is not discretionary on the part of the official
or officials concerned but depends upon
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b. upon the expiration of his term of office, or Public officers charged under this Act must first
upon his resignation or separation from undergo a pre-suspension hearing before being
office; suspended. A pre-suspension hearing is required
to determine the validity of the information.
c. public officers assuming office less than two However, an actual hearing is not necessary. All
months before the end of the calendar year, that is required is that the accused be given an
may file their statements in the following opportunity to be heard. (Miguel v.
months of January. Sandiganbayan, G.R. 172035, 2012)
To whom shall it be submitted Prosecution under AMLA
a. In the office of the corresponding The prosecution of any offense or violation under
Department Head, or the AMLA shall proceed independently of any
proceeding relating to the unlawful activity.
b. in the case of a Head of Department or chief
(Section 6 (b), R.A. No. 10365 amending RA
of an independent office, with the Office of
9160, as amended).
the President, or
c. In the case of members of the Congress and
the officials and employees thereof, with the
Office of the Secretary of the corresponding
House (Sec. 7)
V. Dismissal due to unexplained wealth
N. ANTI-PLUNDER ACT (RA 7080, AS
The following are prima facie evidence of and AMENDED BY RA 7659)
grounds for dismissal due to unexplained wealth
if any public official is found: 1. Definition of terms
a. To have acquired during his incumbency, an 2. Elements (Sec. 12)

amount of property and/or money manifestly
3. Prescription (Sec. 6)
out of proportion to his income;
b. Properties in the name of the spouse and
dependents of such public official may be
taken into consideration; or
c. Bank deposits in the name of or manifestly

excessive expenditures incurred by the
public official or any of their dependents.
(Sec. 8)
VI. Other relevant rules

Prescription
20 years (Sec. 1, RA 10910)
Competent court
Sandiganbayan
Pre-suspension hearing
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N. ANTI-PLUNDER ACT (RA 7080, AS damage and prejudice of the Filipino people
AMENDED BY RA 7659) and the Republic of the Philippines.
I. Definition of terms b. Combination
a. Ill-gotten wealth
It refers to at least two (2) acts falling under
It refers to any asset, property, business different categories of enumeration provided in
enterprise or material possession of any person, the definition of “ill-gotten wealth.”
acquired by him directly or indirectly through
Example: raids on the public treasury and
dummies, nominees, agents, subordinates and/or
fraudulent conveyance of assets belonging to the
business associates by any combination or
National Government (Estrada v.
series of the following means or similar
Sandiganbayan, G.R. No. 148560, 2001)
schemes:
c. Series
1. Through misappropriation, conversion,
misuse, or malversation of public funds or It refers to two (2) or more overt or criminal acts
raids on the public treasury; falling under the same category of enumeration
found in the definition of “ill-gotten wealth.”
2. By receiving, directly or indirectly, any
commission, gift, share, percentage, Example: Misappropriation, malversation and
kickbacks or any other form of pecuniary raids on the public treasury, all of which falling
benefit from any person and/or entity in under item (1) in the enumeration under the
connection with any government contract or definition of “ill-gotten wealth.” (Estrada v.
project or by reason of the office or position Sandiganbayan, G.R. No. 148560, 2001)
of the public officer concerned;
d. Pattern
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the It consists of at least a combination or series of
National Government or any of its overt or criminal acts enumerated under the
subdivisions, agencies or instrumentalities definition of “ill-gotten wealth,” directed towards
or government-owned or -controlled a common purpose or goal which is to enable
corporations and their subsidiaries; the public officer to amass, accumulate or acquire
ill-gotten wealth. There must either be an “overall
4. By obtaining, receiving or accepting directly unlawful scheme” or “conspiracy” to achieve
or indirectly any shares of stock, equity or said common goal.
any other form of interest or participation
including promise of future employment in Overall unlawful scheme
any business enterprise or undertaking;
It indicates a 'general plan of action or method'
5. By establishing agricultural, industrial or which the principal accused and public officer and
commercial monopolies or other others conniving with him follow to achieve the
combinations and/or implementation of aforesaid common goal.
decrees and orders intended to benefit
particular persons or special interests; or Absence of such overall scheme or where the
schemes or methods used by multiple accused
6. By taking undue advantage of official vary, the overt or criminal acts must form part of
position, authority, relationship, connection a conspiracy to attain a common goal. (Estrada v.
or influence to unjustly enrich himself or Sandiganbayan, G.R. No. 148560, 2001)
themselves at the expense and to the
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II. Elements Rule of evidence

Elements of plunder To establish the crime of plunder, it shall not be
necessary to prove each and every criminal
1. That the offender is a public officer who acts
act done by the accused in furtherance of the
by himself or in connivance with members of
scheme or conspiracy to amass, accumulate or
his family, relatives by affinity or
acquire ill-gotten wealth, it being sufficient to
consanguinity, business associates,
establish beyond reasonable doubt a pattern
subordinates, or other persons;
of overt or criminal acts indicative of the overall
2. That he amassed, accumulated or acquired unlawful scheme or conspiracy. (Sec. 4, RA 7080)
ill-gotten wealth through a combination or
Jurisdiction
series using the means or similar scheme
enumerated under the definition of “ill-gotten Unless otherwise provided by law, all
wealth” above; and, prosecutions for the crime of plunder shall be
within the original jurisdiction of the
3. That the aggregate amount or total value of
Sandiganbayan (Sec. 3, RA 7080)
the ill-gotten wealth amassed, accumulated
or acquired is at least P50,000,000.00. (Sec. Plunder is a crime malum in se
12, RA 7659)
The legislative declaration in R.A. No. 7659 that
III. Prescription plunder is a heinous offense implies that it is a
The crime of plunder shall prescribe in twenty (20) malum in se. For when the acts punished are
years. inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts
However, the right of the State to recover are punished in a special law, especially since in
properties unlawfully acquired by public officers the case of plunder the predicate crimes are
from them or from their nominees or transferees mainly mala in se. (Estrada v. Sandiganbayan,
shall not be barred by prescription, laches, or G.R. No. 148530, 2001)
estoppel. (Sec. 6, RA 7080)
Wheel or circle conspiracy
IV. Other relevant rules
In the wheel or circle conspiracy, a person or a
Any person who participated with the said public
group (“hub”) deals with 2 or more persons or
officer in the commission of an offense
groups (“spokes”), to achieve the common goal of
contributing to the crime of plunder shall likewise
amassing and accumulating ill-gotten wealth. A
be liable for the crime of plunder.
public officer need not be the “hub” because what
In the imposition of penalties, the degree of Sec. 2 merely requires is that the public officer
participation and the attendance of mitigating and must be in connivance with others. In other
extenuating circumstances, as provided by the words, such public officer, by his individual acts,
Revised Penal Code, shall be considered by the agreed to participate, directly or indirectly, in the
court. amassing, accumulation and acquisition of ill-
gotten wealth with others in a wheel conspiracy
The court shall declare any and all ill-gotten either as a hub or part of spokes. (Macapagal-
wealth and their interests and other incomes and Arroyo v. People, G.R. No. 220598, 2017)
assets including the properties and shares of
stocks derived from the deposit or investment ————- end of topic ————-
thereof forfeited in favor of the State. (Sec. 12, RA
7659)
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TOPIC OUTLINE UNDER THE SYLLABUS: O. ANTI-MONEY LAUNDERING ACT OF 2001

(RA 9160, as amended by RA 9194, RA
III. SPECIAL PENAL LAWS 10167, RA 10365 AND RA 10927)
O. ANTI-MONEY LAUNDERING ACT OF 2001
(RA 9160, as amended by RA 9194, RA 10167, Covered institution
RA 10365 AND RA 10927) It refers to the following:
1. Definition of terms (Sec. 3) a. banks, non-banks, quasi-banks, trust
entities, and all other institutions and their
2. Money laundering offense (Sec. 4) subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas
3. Jurisdiction; Prosecution (Secs. 5 and 6) (BSP);
b. Insurance companies and all other
4. Issuance of Freeze Order institutions supervised or regulated by the
Insurance Commission;
5. Other relevant rules (i) securities dealers, brokers, salesmen,
investment houses and other similar
entities managing securities or rendering
services as investment agent, advisor, or
consultant,
(ii) mutual funds, close and investment
companies, common trust funds, pre-
need companies and other similar
entities,
(iii) foreign exchange corporations, money
changers, money payment, remittance,
and transfer companies and other similar
entities, and
(iv) other entities administering or otherwise
dealing in currency, commodities or
financial derivatives based thereon,
valuable objects, cash substitutes and
other similar monetary instruments or
property supervised or regulated by
Securities and Exchange Commission;
c. Jewelry dealers in precious metals, who, as
a business, trade in precious metals, for
transactions in excess of P1,000,000.00;
d. jewelry dealers in precious stones, who, as
a business, trade in precious stones, for
transactions in excess of P1,000,000.00;
e. company service providers which, as a
business, provide any of the following
services to third parties: (i) acting as a
formation agent of juridical persons; (ii)
acting as (or arranging for another person to
act as) a director or corporate secretary of a
company, a partner of a partnership, or a
similar position in relation to other juridical
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persons; (iii) providing a registered office, other water-based craft wholly or

business address or accommodation, partly intended for gambling
correspondence or administrative address iv. Casino cash transaction –
for a company, a partnership or any other transactions involving the receipt of
legal person or arrangement; and (iv) acting case by a casino paid by or on behalf
as (or arranging for another person to act as) of a customer, or transactions
a nominee shareholder for another person; involving the payout of cash by a
and casino to a customer or to ny person
f. persons who provide any of the following in his/her behalf
services: (i) managing of client money, v. Gaming operations – activities of the
securities or other assets; (ii) management casino offering games of chance and
of bank, savings or securities accounts; (iii) any variations thereof approved by the
organization of contributions for the creation, appropriate government authority
operation or management of companies; (Sec. 3, RA 10927)
and (iv) creation, operation or management
of juridical persons or arrangements, and The term ‘covered persons’ shall exclude lawyers
buying and selling business entities. (Sec. 1, and accountants acting as independent legal
RA 10365) professionals in relation to information
concerning their clients or where disclosure of
‘Precious metals’ shall mean gold, silver, , information would compromise client confidences
platinum, palladium, rhodium, ruthenium, iridium or the attorney-client relationship: Provided, that
and osmium. These include alloys of precious these lawyers and accountants are authorized to
metals, solders and plating chemicals such as practice in the Philippines and shall continue to
rhodium and palladium plating solutions and be subject to the provisions of their respective
potassium gold cyanide and potassium silver codes of conduct and/or professional
cyanide and silver cyanide in salt solution. responsibility or any of its amendments. (Sec. 1,
RA 10365)
'Precious stones' shall mean diamond, ruby,
emerald, sapphire, opal, amethyst, beryl, topaz, Covered transaction
and garnet that are used in jewelry making, It refers to a transaction in cash or other
including those formerly classified as semi- equivalent monetary instrument involving a total
precious stones. (Sec. 3. RA 10365) amount in excess of P500,000.00 within one (1)
banking day.
a. For purposes of covered persons, the
following terms are hereby defined as For covered persons under Section 3(a)(8), a
follows: single casino cash transaction involving an
i. Casino – a business authorized by the amount in excess of five million pesos (P
appropriate government agency to 5,000,000.00) or its equivalent in any other
engage in gaming operations currency (Sec. 2, RA 10927)
ii. Internet-based casino – casinos in
which persons participate by the use Unlawful activity
of remote communication facilities It refers to any act or omission or series or
such as, but not limited to, telephone, combination thereof involving or having relation to
television, radio, or any other kind of the following:
electronic or other technology for a. Kidnapping for ransom under RPC, as
facilitating communication amended;
iii. Ship-based casino – casinos, the b. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15
operation of which is undertaken on and 16 of RA 9165 or the Comprehensive
board a vessel, ship, boat, or any Dangerous Drugs Act of 2002;
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c. Section 3 paragraphs B, C, E, G, H and I of u. Violations of Sections 86 to 106 of Chapter

RA 3019, as amended, or the Anti-Graft and VI, of RA 8550, or the Philippine Fisheries
Corrupt Practices Act; Code of 1998;
d. Plunder under RA 7080, as amended; v. Violations of Sections 101 to 107, and 110 of
e. Robbery and extortion under Articles 294, RA 7942, or the Philippine Mining Act of
295, 296, 299, 300, 301 and 302 of the RPC, 1995;
as amended; w. Violations of Section 27(c), (e), (f), (g) and
f. Jueteng and Masiao punished as illegal (i), of RA 9147, or the Wildlife Resources
gambling under PD 1602; Conservation and Protection Act;
g. Piracy on the high seas under RPC, as x. Violation of Section 7(b) of RA 9072, or the
amended and PD 532; National Caves and Cave Resources
h. Qualified theft under Article 310 of the RPC, Management Protection Act;
as amended; y. Violation of RA 6539, or the Anti-Carnapping
i. Swindling under Article 315 and Other Forms Act of 2002, as amended;
of Swindling under Article 316 of the RPC, as z. Violations of Sections 1, 3 and 5 of PD 1866,
amended; as amended, or the decree Codifying the
j. Smuggling under RA 455 and RA 1937; Laws on Illegal/Unlawful Possession,
k. Violations of RA 8792 or the Electronic Manufacture, Dealing In, Acquisition or
Commerce Act of 2000; Disposition of Firearms, Ammunition or
l. Hijacking and other violations under RA Explosives;
6235; destructive arson and murder, as aa. Violation of PD 1612, otherwise known as
defined under the RPC, as amended; the Anti-Fencing Law;
m. Terrorism and conspiracy to commit bb. Violation of Section 6 of RA 8042, or the
terrorism as defined and penalized under Migrant Workers and Overseas Filipinos Act
Sections 3 and 4 of RA 9372; of 1995, as amended by Republic Act No.
n. Financing of terrorism under Section 4 and 10022;
offenses punishable under Sections 5, 6, 7 cc. Violation of RA 8293, or the Intellectual
and 8 of RA 10168, or the Terrorism Property Code of the Philippines;
Financing Prevention and Suppression Act dd. Violation of Section 4 of RA 9995, or the Anti-
of 2012: Photo and Video Voyeurism Act of 2009;
o. Bribery under Articles 210, 211 and 211-A of ee. Violation of Section 4 of RA 9775, or the Anti-
the RPC, as amended, and Corruption of Child Pornography Act of 2009;
Public Officers under Article 212 of the RPC, ff. Violations of Sections 5, 7, 8, 9, 10(c), (d)
as amended; and (e), 11, 12 and 14 of RA 7610, or the
p. Frauds and Illegal Exactions and Special Protection of Children Against
Transactions under Articles 213, 214, 215 Abuse, Exploitation and Discrimination;
and 216 of the RPC as amended; gg. Fraudulent practices and other violations
q. Malversation of Public Funds and Property under RA 8799, or the Securities Regulation
under Articles 217 and 222 of the RPC, as Code of 2000; and
amended; hh. Felonies or offenses of a similar nature that
r. Forgeries and Counterfeiting under Articles are punishable under the penal laws of other
163, 166, 167, 168, 169 and 176 of the RPC, countries. (Sec. 2, RA 10365)
as amended;
s. Violations of Sections 4 to 6 of RA. 9208, or
the Anti-Trafficking in Persons Act of 2003;
t. Violations of Sections 78 to 79 of Chapter IV,
of PD 705, or the Revised Forestry Code of
the Philippines, as amended;
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II. Money laundering offense Prosecution

Any person may be charged with and
Money laundering is a crime whereby the
convicted of both the offense of money
proceeds of an unlawful activity are
laundering and the unlawful activity as herein
transacted, thereby making them appear to
defined. (Sec. 6(a), RA 9160)
have originated from legitimate sources.
The prosecution of any offense or violation under

Who are liable
this Act shall proceed independently of any
Money laundering is committed by any person
proceeding relating to the unlawful activity. (Sec.
who, knowing that any monetary instrument or
5, RA 10365)
property represents, involves, or relates to the
proceeds of any unlawful activity:
a. transacts said monetary instrument or IV. Issuance of a Freeze Order
property;
A freeze order is only valid for a maximum period
b. converts, transfers, disposes of, moves,
of six (6) months. It cannot be extended beyond
acquires, possesses or uses said monetary
six (6) months. (Republic of the Philippines vs.
instrument or property;
Bloomberry Resorts and Hotels, Inc. (Solaire)
c. conceals or disguises the true nature,
and Banco De Oro, G.R. 224112, 2020)
source, location, disposition, movement or
ownership of or rights with respect to said
To begin with, a freeze order is not dependent on
monetary instrument or property;
a separate criminal charge, much less does it
d. attempts or conspires to commit money
depend on a conviction. Based on Section
laundering offenses referred to in
10 of R.A. No. 9160, as amended, there are only
paragraphs (a), (b) or (c);
two requisites for the issuance of a freeze order:
e. aids, abets, assists in or counsels the
(1) the application ex-parte by the AMLC and (2)
commission of the money laundering
the determination of probable cause by the
offenses referred to in paragraphs (a), (b) or
CA. (Yambao v. Republic, G.R. No. 171054,
(c) above; and performs or fails to perform
2021)
any act as a result of which he facilitates the
offense of money laundering referred to in
[P]robable cause refers to the sufficiency of the
paragraphs (a), (b) or (c) above; or
relation between an unlawful activity and the
f. Any covered person who, knowing that a
property or monetary instrument which is the
covered or suspicious transaction is required
focal point of Section 10 of R.A. No. 9160, as
under this Act to be reported to the Anti-
amended. (Yambao v. Republic, G.R. No.
Money Laundering Council (AMLC), fails to
171054, 2021)
do so. (Sec. 4, RA 10365)
V. Other relevant rules
III. Jurisdiction; Prosecution
Effect of Bank Deposit Secrecy Law on AMLA
Jurisdiction
When reporting covered transactions to the Anti-
The Regional Trial Courts shall have jurisdiction
Money Laundering Council, covered institutions
to try all cases on money laundering.
and their officers, employees, representatives,
agents, advisors, consultants or associates shall
If committed by public officers and private
not be deemed to have violated Republic Act No.
persons who are in conspiracy with such public
1405, as amended; Republic Act No. 6426, as
officers shall be under the jurisdiction of the
amended; Republic Act No. 8791 and other
Sandiganbayan. (Sec. 5)
similar laws. (Sec. 9, RA 9160)
Covered persons and their officers and

employees are prohibited from communicating,
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directly or indirectly, in any manner or by any P. OBSTRUCTION OF JUSTICE LAW (PD

means, to any person or entity, the media, the fact 1829)
that a covered or suspicious transaction has been
I. Punishable acts
reported or is about to be reported, the contents
of the report, or any other information in relation Any person who knowingly or willfully obstructs,
thereto. Neither may such reporting be published impedes, frustrates or delays the apprehension
or aired in any manner or form by the mass of suspects and the investigation and
media", electronic mail, or other similar devices. prosecution of criminal cases shall be liable by
In case of violation thereof, the concerned officer committing any of the following acts:
and employee of the covered person and media
shall be held criminally liable. (Sec. 7, RA 10365) a. preventing witnesses from testifying in any
criminal proceeding or from reporting the
————- end of topic ————- commission of any offense or the identity of
any offender/s by means of bribery,
TOPIC OUTLINE UNDER THE SYLLABUS: misrepresentation, deceit, intimidation, force
or threats;
b. altering, destroying, suppressing or
P. OBSTRUCTION OF JUSTICE LAW (PD 1829) concealing any paper, record, document, or
object, with intent to impair its verity,
1. Punishable acts (Sec. 1) authenticity, legibility, availability, or
admissibility as evidence in any
2. Obstruction of justice vs. accessory to a investigation of or official proceedings in,
crime criminal cases, or to be used in the
investigation of, or official proceedings in,
criminal cases;
c. harboring or concealing, or facilitating

the escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest,
prosecution and conviction;
d. publicly using a fictitious name for the

purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
e. delaying the prosecution of criminal cases by

obstructing the service of process or
court orders or disturbing proceedings in
the fiscal's offices, in Tanodbayan, or in the
courts;
f. making, presenting or using any record,

document, paper or object with knowledge
of its falsity and with intent to affect the
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course or outcome of the investigation of, Covers different acts

Punishes the act of
or official proceedings in, criminal cases; in the apprehension,
harbouring, concealing
investigation and
g. soliciting, accepting, or agreeing to accept and assisting in the
prosecution of the
any benefit in consideration of abstaining escape of the principal
crime
from, discontinuing, or impeding the
Punishes public
prosecution of a criminal offender;
officials who abused
threatening directly or indirectly another with their positions;
h. Punishes both private
the infliction of any wrong upon his punishes private
and public individuals,
person, honor or property or that of any individuals but only in
but with an additional
immediate member or members of his family the crimes of treason,
penalty for public
in order to prevent such person from attempt on the life of
officials; Not limited to
appearing in the investigation of, or official the Chief Executive,
a set of particular
proceedings in, criminal cases, or imposing murder, parricide or a
crimes
a condition, whether lawful or unlawful, in principal known to be
order to prevent a person from appearing in habitually guilty of
the investigation of or in official proceedings some other crime
in, criminal cases; or Penalties for
accessories under the
i. giving of false or fabricated information to RPC shall not be
mislead or prevent the law enforcement imposed upon those
agencies from apprehending the offender or Relatives of the who are such with
from protecting the life or property of the offender do not enjoy respect to their
victim; or fabricating information from the the same exemption spouses, ascendants,
data gathered in confidence by investigating from criminal liability descendants,
authorities for purposes of background as that of an legitimate, natural, and
information and not for publication and accessory under the adopted brothers and
publishing or disseminating the same to RPC. sisters, or relatives by
mislead the investigator or the court. affinity within the same
degrees, subject to a
If any of the acts mentioned herein is penalized single exception.
by any other law with a higher penalty, the higher (Article 20, RPC)
penalty shall be imposed. (Sec. 1)
III. Other relevant rules
II. Obstruction of justice vs. accessory to a
Obstruction of justice by a public official or
crime
employee
Distinguishing an accessory from a principal
in PD 1829 If any of the foregoing acts is committed by a
Obstruction of public official or employee, he shall in addition to
Accessory to a crime the penalties provided thereunder, suffer
justice
perpetual disqualification from holding public
Punished as a Part of the original
office. (Sec. 2)
separate crime crime
Offender is an
Offender is principal Refusal to surrender
accessory
When there is no warrant of arrest or there exist
Focuses on the Focuses on the
no ground for a valid warrantless arrest, there
prosecution of the prevention of the
could be no violation of PD 1829 as the refusal to
crime discovery of the crime
surrender by the accused was done within the
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bounds of law. (Posadas v. Ombudsman, G.R. proceeds of the offense and shall likewise be
No. 131492, 2000) confiscated and forfeited in favor of the State.
Intent to conceal under other offenses (Sec. 9, RA 9287)
A person cannot be prosecuted for both rebellion ————- end of topic ————-
and PD 1829. In determining the proper charge,
the intent or motive is a decisive factor. If the act TOPIC OUTLINE UNDER THE SYLLABUS:
of concealment is committed with political or
social motives, that is in furtherance of rebellion, III. SPECIAL PENAL LAWS
then it should be deemed to form part of the crime
Q. ANTI-TORTURE ACT OF 2009 (RA 9745)
of rebellion instead of being punished separately
under PD 1829. (Enrile v. Amin, G.R. No. 93335, 1. Elements (Sec. 3)
1990)
2. Acts of torture (Sec. 4)
Immunity from prosecution
3. Persons liable (Sec. 13)
Any person who serves as a witness for the
government or provides evidence in a criminal 4. Prohibited detention (Sec. 7)
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena 5. Applicability of exclusionary rule;
testificandum or duces tecum, produces, Exception (Sec. 8)
identifies, or gives testimony shall be immune
6. Applicability of refouler (Sec. 9)
from any criminal prosecution. (Sec. 8, RA 9287)
Prosecution, judgment and forfeiture of
property
Any person may be charged with or convicted of

the offenses covered by this Act without
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or
other existing laws.
During the pendency of the case, no property or

income used or derived therefrom which may be
confiscated and forfeited shall be disposed,
alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted
for the release of the same.
Upon conviction, all proceeds, gambling

paraphernalia and other instruments of the crime
including any real or personal property used in
any illegal numbers game operation shall be
confiscated and forfeited in favor of the State.
All assets and properties of the accused either
owned or held by him/her in his/her name or in
the name of another person found to be
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
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Q. ANTI-TORTURE ACT OF 2009 (RA 9745) b. Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
I. Elements
other stuff or substances not normally eaten;
Elements of torture
c. Electric shock;
1. Any act by which severe physical or mental d. Cigarette burning; burning by electrically
pain or suffering; heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
2. Is inflicted by or at the instigation of or with mucous membranes, or acids or spices
the consent or acquiescence of a person in directly on the wound(s);
authority or his agent;
e. The submersion of the head in water or
3. Intentionally inflicted on a person; water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
4. For the purpose of:
f. Being tied or forced to assume fixed and
a. Obtaining information or a confession; stressful bodily position;
g. Rape and sexual abuse, including the
b. Punishment for an act he or a third insertion of foreign objects into the sex organ
person has committed, or is or rectum, or electrical torture of the genitals;
suspected of having committed;
h. Mutilation or amputation of the essential
c. Intimidation or coercion; and parts of the body such as the genitalia, ear,
tongue, etc.;
d. Any reason based on discrimination of
i. Dental torture or the forced extraction of the
any kind. (Sec. 3)
teeth;
II. Acts of torture j. Pulling out of fingernails;
Who is a victim k. Harmful exposure to the elements such as
sunlight and extreme cold;
Person subjected to torture or other cruel,
inhuman and degrading treatment or punishment l. The use of plastic bag and other materials
as defined above and any individual who has placed over the head to the point of
suffered harm as a result of any act(s) of torture, asphyxiation;
or other cruel, inhuman and degrading treatment m. The use of psychoactive drugs to change the
or punishment. (Sec. 3) perception, memory, alertness or will of a
person, such as:
Physical torture
• The administration of drugs to induce
It is a form of treatment or punishment inflicted by confession and/or reduce mental
a person in authority or agent of a person in competency; or
authority upon another in his/her custody that • The use of drugs to induce extreme
causes severe pain, exhaustion, disability or pain or certain symptoms of a
dysfunction of one or more parts of the body, such disease; and
as:
n. Other analogous acts of physical torture.
a. Systematic beating, headbanging, punching, (Sec. 4)
kicking, striking with truncheon or rifle butt or Mental/Psychological torture
other similar objects, and jumping on the
It refers to acts committed by a person in authority
stomach;
or agent of a person in authority which are
calculated to affect or confuse the mind and/or
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undermine a person’s dignity and morale, such punishment, its physical and mental effects and,
as: in some cases, the sex, religion, age and state of
a. Blindfolding; health of the victim. (Sec. 5)
b. Threatening a person(s) or his/her relative(s) III. Persons liable

with bodily harm, execution or other wrongful The following shall be held criminally liable for
acts; the crime of torture:
c. Confinement in solitary cells or secret a. Liable as principals –
detention places;
1. Any person who actually participated
d. Prolonged interrogation; or induced another in the commission
e. Preparing a prisoner for a “show trial”, public of torture or other cruel, inhuman and
display or public humiliation of a detainee or degrading treatment or punishment or
prisoner; who cooperated in the execution of the
act of torture or other cruel, inhuman
f. Causing unscheduled transfer of a person and degrading treatment or punishment
deprived of liberty from one place to another, by previous or simultaneous acts
creating the belief that he/she shall be
summarily executed; 2. Any superior military, police or law
enforcement officer or senior
g. Maltreating a member/s of a person’s family; government official who issued an order
h. Causing the torture sessions to be witnessed to any lower ranking personnel to
by the person’s family, relatives or any third commit torture for whatever purpose
party; 3. The immediate commanding officer of
i. Denial of sleep/rest; the unit concerned of the AFP or the
j. Shame infliction such as stripping the person immediate senior public official of the
naked, parading him/her in public places, PNP and other law enforcement
shaving the victim’s head or putting marks agencies for any act or omission, or
on his/her body against his/her will; negligence committed by him/her that
shall have led, assisted, abetted or
k. Deliberately prohibiting the victim to allowed, whether directly or indirectly,
communicate with any member of his/her the commission thereof by his/her
family; and subordinates
l. Other analogous acts of If he/she has knowledge of or, owing to the
mental/psychological torture. (Sec. 4) circumstances at the time, should have
known that acts of torture or other cruel,
inhuman and degrading treatment or
Other cruel, inhuman and degrading
punishment shall be committed, is being
treatment or punishment
committed, or has been committed by
It refers to a deliberate and aggravated his/her subordinates or by others within
treatment or punishment not enumerated under his/her area of responsibility and, despite
Section 4 of this Act, inflicted by a person in such knowledge, did not take preventive or
authority or agent of a person in authority against corrective action either before, during or
another person in custody, which attains a level immediately after its commission, when
of severity sufficient to cause suffering, gross he/she has the authority to prevent or
humiliation or debasement to the latter. investigate allegations of torture or other
The assessment of the level of severity shall cruel, inhuman and degrading treatment or
depend on all the circumstances of the case, punishment but failed to prevent or
including the duration of the treatment or investigate allegations of such act, whether
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deliberately or due to negligence shall also V. Applicability of exclusionary rule;

be liable as principals. Exception
b. Liable as accessory – Any public officer or General rule: Any confession, admission or
employee shall be liable as an accessory if statement obtained as a result of torture shall be
he/she has knowledge that torture or other inadmissible in evidence in any proceedings,
cruel, inhuman and degrading treatment or
punishment is being committed and without EXCEPTION: If the same is used as evidence
having participated therein, either as against a person or persons accused of
principal or accomplice, takes part committing torture. (Sec. 8)
subsequent to its commission in any of the
VI. Applicability of refouler
following manner:
No person shall be expelled, returned or
1. By themselves profiting from or extradited to another State where there are
assisting the offender to profit from the substantial grounds to believe that such
effects of the act of torture or other person shall be in danger of being subjected to
cruel, inhuman and degrading torture.
treatment or punishment;
2. By concealing the act of torture or other For the purposes of determining whether such
cruel, inhuman and degrading grounds exist, the Secretary of the Department of
treatment or punishment and/or Foreign Affairs (DFA) and the Secretary of the
destroying the effects or instruments DOJ, in coordination with the Chairperson of the
thereof in order to prevent its discovery; CHR, shall take into account all relevant
or considerations including, where applicable and
not limited to, the existence in the requesting
3. By harboring, concealing or assisting in State of a consistent pattern of gross, flagrant
the escape of the principals in the act of or mass violations of human rights. (Sec. 17)
torture or other cruel, inhuman and
degrading treatment or punishment.
The accessory acts should be done with the
abuse of the official’s public functions. (Sec.
13)
IV. Prohibited detention

Secret detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out with
impunity are hereby prohibited.
The PNP, AFP and other law enforcement

agencies concerned shall make an updated list of
all detention centers and facilities under their
respective jurisdictions with the corresponding
data on prisoners or detainees incarcerated or
detained therein. This list shall be available to the
public at all times and updated by the same
agencies every 5 days of the month at the
minimum. (Sec. 7)
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VII. Other relevant rules R. HUMAN SECURITY ACT OF 2007 (RA

9372)
Torture as a separate and independent crime
I. Elements
Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed Elements of terrorism
as a consequence, or as a means in the conduct 1. Any person who commits an act punishable
or commission thereof. It shall be treated as a under any of the following:
separate and independent criminal act whose a. Piracy in general and Munity in the High
penalties shall be imposable without prejudice to Seas or in the Philippine Waters;
any other criminal liability provided for by b. Rebellion or Insurrection;
domestic and international laws. (Sec. 15) c. Coup d’état, including acts committed
by private persons;
Applicability of the Revised Penal Code
d. Murder; Kidnapping and Serious Illegal
The provisions of the Revised Penal Code insofar Detention;
as they are applicable shall be suppletory to this e. Crimes Involving Destruction or under
Act. Moreover, if the commission of any crime f. The Law on Arson;
punishable under Title Eight (Crimes Against g. Toxic Substances and Hazardous and
Persons) and Title Nine (Crimes Against Personal Nuclear Waste Control Act of 1990;
Liberty and Security) of the Revised Penal Code h. Atomic Energy Regulatory and Liability
is attended by any of the acts constituting torture Act of 1968;
and other cruel, inhuman and degrading i. Anti-Hijacking Law;
treatment or punishment as defined herein, the j. Anti-piracy and Anti-highway Robbery
penalty to be imposed shall be in its maximum Law of 1974; and
period. (Sec. 22) k. Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of
TOPIC OUTLINE UNDER THE SYLLABUS: Firearms, Ammunitions or Explosives;
2. Thereby sowing and creating widespread
III. SPECIAL PENAL LAWS and extraordinary fear and panic among the
populace; and,
R. HUMAN SECURITY ACT OF 2007 (RA 9372) 3. To coerce the government to give in to an
unlawful demand.
1. Elements of terrorism (Sec. 3)
Anyone found guilty of terrorism or conspiring to
2. Other punishable acts
commit terrorism shall suffer the penalty of 40
3. Conspiracy to commit terrorism (Sec. 4) years imprisonment, without the benefit of parole
as provided for under the Indeterminate Sentence
4. Accomplice and accessory (Secs. 5 and Law. (Sec. 3)
6)
II. Other punishable acts
5. Other relevant provisions
The following are punishable under RA 9372:
a. Unauthorized or malicious examination of a

bank or a financial institution;
b. Bank officials and employees defying a court
authorization;
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c. False or untruthful statement or a. by profiting himself or assisting the offender

misrepresentation of material fact in joint to profit by the effects of the crime;
affidavits;
b. by concealing or destroying the body of the
d. Unjustified refusal to restore or delay in crime, or the effects, or instruments
restoring seized, sequestered and frozen thereof, in order to prevent its discovery;
bank deposits, placements, trust accounts, c. by harboring, concealing, or assisting in the
assets and records;
escape of the principal or conspirator of
e. Loss, misuse, diversion or dissipation of the crimes.
seized, sequestered and frozen bank
The penalties prescribed for accessories shall not
deposits, placements, trust accounts, assets
be imposed upon those who are such with
and records;
respect to their spouses, ascendants,
f. Infidelity in the custody of detained persons; descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within
g. Unauthorized revelation of classified
materials; and the same degrees, with the single exception of
accessories falling within the provisions of item
h. Furnishing false evidence, forged document, (a). (Sec. 6)
or spurious evidence.
III. Conspiracy to commit terrorism
There is conspiracy when two or more persons TOPIC OUTLINE UNDER THE SYLLABUS:
come to an agreement concerning the
commission of the crime of terrorism as defined III. SPECIAL PENAL LAWS
above and decide to commit the same.
S. TERRORISM FINANCING PREVENTION
Persons who conspire to commit the crime of AND SUPPRESSION ACT OF 2012 (RA 10168)
terrorism shall suffer the penalty of forty (40)
1. Definition of terms (Sec. 3)
years of imprisonment. (Sec. 4)
2. Financing of terrorism (Sec. 4)
IV. Accomplice and accessory
Accomplice to terrorism 3. Extraterritorial application (Sec. 19)
Any person who, not being a principal under 4. Extradition (Sec. 20)
Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4, cooperates
in the execution of either the crime of terrorism
or conspiracy to commit terrorism by previous or
simultaneous acts shall be liable as an
accomplice. (Sec. 5)
Accessory to terrorism
Any person who, having knowledge of the

commission of the crime of terrorism or
conspiracy to commit terrorism, and without
having participated therein, either as principal or
accomplice under Articles 17 and 18 of the
Revised Penal Code, takes part subsequent to its
commission in any of the following manner, shall
be liable as an accessory:
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S. TERRORISM FINANCING PREVENTION converted, concealed, moved or disposed without

AND SUPPRESSION ACT OF 2012 (RA affecting the ownership thereof.
10168)
Property or funds
It refers to financial assets, property of every kind,
Covered institutions whether tangible or intangible, movable or
immovable, however acquired, and legal
This refers to or shall have the same meaning as documents or instruments in any form, including
defined under the Anti-Money Laundering Act electronic or digital, evidencing title to, or interest
(AMLA). in, such funds or other assets, including, but not
limited to, bank credits, travellers cheques, bank
Dealing, with regard to property or funds
cheques, money orders, shares, securities,
This refers to receipt, acquisition, transacting, bonds, drafts, or letters of credit, and any interest,
representing, concealing, disposing or dividends or other income on or value accruing
converting, transferring or moving, use as from or generated by such funds or other assets.
security of or providing financial services.
Terrorist
Designated persons It refers to any natural person who:
a. Commits, or attempts, or conspires to
It refers to: commit terrorist acts by any means, directly
or indirectly, unlawfully and willfully;
a. Any person or entity designated and/or
b. Participates, as a principal or as an
identified as a terrorist, one who finances
accomplice, in terrorist acts;
terrorism, or a terrorist organization or group
c. Organizes or directs others to commit
under the applicable United Nations Security
terrorist acts;
Council Resolution or by another jurisdiction
d. Contributes to the commission of terrorist
or supranational jurisdiction;
acts by a group of persons acting with a
b. Any organization, association, or group of common purpose where the contribution is
persons proscribed pursuant to Section 17 of made intentionally and with the aim of
the Human Security Act of 2007; or furthering the terrorist act or with the
c. Any person, organization, association, or knowledge of the intention of the group to
group of persons whose funds or property, commit a terrorist act.
based on probable cause are subject to
seizure and sequestration under Section 39 Terrorist acts
of the Human Security Act of 2007. This refers to the following:
a. Any act in violation of Section 3 or Section 4
of the Human Security Act of 2007;
Forfeiture
b. Any other act intended to cause death or
It is a court order transferring in favor of the
serious bodily injury to a civilian, or to any
government, after due process, ownership of
other person not taking an active part in the
property or funds representing, involving, or
hostilities in a situation of armed conflict,
relating to financing of terrorism as defined in
when the purpose of such act, by its nature
Section 4 or an offense under Sections 5, 6, 7, 8,
or context, is to intimidate a population, or to
or 9 of this Act.
compel a government or an international
organization to do or to abstain from doing
Freeze
any act;
It refers to the blocking or restraining of specific
c. Any act which constitutes an offense under
property or funds from being transacted,
this Act, that is within the scope of any of the
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following treaties of which the Republic of property or funds or makes available

the Philippines is a State party. property, funds or financial service or other
Terrorist organization, association or a group related services, by any means, with the
of persons unlawful and willful intention that they should
It refers to any entity owned or controlled by any be used or with the knowledge that they are
terrorist or group of terrorists that: to be used, in full or in part:
a. Commits, or attempts to commit, terrorist 1. to carry out or facilitate the
acts by any means, directly or indirectly, commission of any terrorist act;
unlawfully and willfully; 2. by a terrorist organization,
b. Participates as an accomplice in terrorist association or group; or
acts; 3. by an individual terrorist;
c. Organizes or directs others to commit b. Any person who organizes or directs others
terrorist acts; to commit financing of terrorism
d. Contributes to the commission of terrorist Knowledge or intent may be established by
acts by a group of persons acting with direct evidence or inferred from the attendant
common purpose of furthering the terrorist circumstances.
act where the contribution is made For an act to constitute a crime under this Act, it
intentionally and with the aim of furthering shall not be necessary that the funds were
the terrorist act or with the knowledge of the actually used to carry out terrorist acts. (Sec. 4)
intention of the group to commit a terrorist
act. (Sec. 3) III. Extraterritorial application
Subject to the provision of an existing treaty,
Accomplice under RA 10168 including the International Convention for the
Any person who, not being a principal under Suppression of the Financing of Terrorism of
Article 17 of the Revised Penal Code or a which the Philippines is a State Party, and to any
conspirator as defined in Section 5 hereof, contrary provision of any law of preferential
cooperates in the execution of either the crime of application, the criminal provisions of this Act
financing of terrorism or conspiracy to commit the shall apply:
crime of financing of terrorism by previous or a. to individual persons who, although
simultaneous acts. (Sec. 6) physically outside the territorial limits of the
Philippines, commit, conspire or plot to
Accessory under RA 10168 commit any of the crimes defined and
Any person who, having knowledge of the punished in this Act inside the territorial limits
commission of the crime of financing of terrorism of the Philippines;
but without having participated therein as a b. to individual persons who, although
principal, takes part subsequent to its physically outside the territorial limits of the
commission, by profiting from it or by assisting the Philippines, commit any of the said crimes
principal or principals to profit by the effects of the on board Philippine ship or Philippine
crime, or by concealing or destroying the effects airship;
of the crime in order to prevent its discovery, or by c. to individual persons who commit any of said
harboring, concealing or assisting in the escape crimes within any embassy, consulate, or
of a principal of the crime. (Sec. 7) diplomatic premises belonging to or
occupied by the Philippine government in an
II. Financing of terrorism official capacity;
The following shall be guilty of the crime of d. to individual persons who, although
financing of terrorism: physically outside the territorial limits of the
a. Any person who, directly or indirectly, Philippines, commit said crimes against
willfully and without lawful excuse, Philippine citizens or persons of Philippine
possesses, provides, collects or uses
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descent, where their citizenship or ethnicity T. ANTI-WIRE TAPPING ACT (RA 4200)
was a factor in the commission of the crime;
I. Prohibited acts
e. to individual persons who, although
physically outside the territorial limits of the It shall unlawful for any person to commit any of
Philippines, commit said crimes directly the following acts:
against the Philippine government; and,
a. Not being authorized by all the parties to any
f. to a Filipino national who, although outside private communication or spoken word, to
the territorial jurisdiction of the Philippines, tap any wire or cable, or by using any other
commit, conspire or plot to commit any of the device or arrangement, to secretly
crimes defined and punished in this Act. overhear, intercept, or record such
(Sec. 19) communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
IV. Extradition
or tape recorder, or however otherwise
The Philippines may, at its option, subject to the
described;
principle of reciprocity, consider the International
Convention for the Suppression of the Financing b. Be he a participant or not in the act or acts
of Terrorism as a legal basis for requesting or penalized in the next preceding sentence, to
granting extradition in respect of the offenses set knowingly possess any tape record, wire
forth under this Act. (Sec. 20) record, disc record, or any other such record,
or copies thereof, of any communication or
In case of an alien whose extradition is requested spoken word secured either before or after
pursuant to the International Convention for the the effective date of this Act in the manner
Suppression of the Financing of Terrorism, and prohibited by this law;
that alien is not extradited to the requesting State, c. To replay the same for any other person/s;
the Republic of the Philippines, without exception
d. To communicate the contents thereof, either
whatsoever and whether or not the offense was
verbally or in writing, or to furnish
committed in the Philippines, shall submit the
transcriptions thereof, whether complete or
case without undue delay to the Department of
partial, to any other person; or,
Justice for the purpose of prosecution in the same
manner as if the act constituting the offense had e. To willfully or knowingly do or aid, permit, or
been committed in the Philippines, in which case, cause to be done any of the acts under the
the courts of the Philippines shall have jurisdiction above-items (a) to (d) or any order issued
over the offense. (Sec. 19) thereunder, or aids, permits, or causes such
violation. (Secs. 1 and 2)
II. Allowable wire tapping
TOPIC OUTLINE UNDER THE SYLLABUS: Nothing under this Act shall render it unlawful or
punishable for any peace officer, authorized by
III. SPECIAL PENAL LAWS a written order of the Court, to execute any of
the acts declared to be unlawful above in cases
T. ANTI-WIRE TAPPING ACT (RA 4200) involving the following crimes:
1. Prohibited acts (Secs. 1 and 2) a. Treason;
2. Allowable wire tapping (Sec. 3) b. Espionage;
c. Provoking war and disloyalty in case of war;
3. Inadmissibility (Sec. 4)
d. Piracy;
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e. Mutiny in the high seas; communications, the telegraph line or the

telephone number involved and its location;
f. Rebellion;
b. identity of the peace officer authorized to
g. Conspiracy and proposal to commit
overhear, intercept, or record the
rebellion, inciting to rebellion;
communications, conversations,
h. Sedition, conspiracy to commit sedition, discussions, or spoken words;
inciting to sedition;
c. offense or offenses committed or sought to
i. Kidnapping as defined by the Revised Penal be prevented; and
Code; and,
d. the period of the authorization.
j. Violations of Commonwealth Act No. 616,
The authorization shall be effective for the period
punishing espionage and other offenses
against national security. (Sec. 3) specified in the order which shall not exceed
sixty (60) days from the date of issuance of the
The written order shall only be issued or granted order, UNLESS extended or renewed by the court
– upon being satisfied that such extension or
a. Upon written application and the renewal is in the public interest.
examination under oath or affirmation of the
III. Inadmissibility
applicant and the witnesses he may
produce; Any communication or spoken word, or the
b. That there are reasonable grounds to existence, contents, substance, purport, effect, or
believe that any of the crimes enumerated meaning of the same or any part thereof, or any
above has been committed or is being information therein contained, obtained or
committed or is about to be committed; secured by any person in violation of this Act
shall not be admissible in evidence in any
In cases involving the offenses of rebellion, judicial, quasi-judicial, legislative or
conspiracy and proposal to commit rebellion, administrative hearing or investigation. (Sec.
inciting to rebellion, sedition, conspiracy to 4)
commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof IV. Other relevant rules
that a rebellion or acts of sedition, as the case
All recordings made under court authorization
may be, have actually been or are being
shall, within forty-eight hours after the expiration
committed.
of the period fixed in the order, be deposited with
c. That there are reasonable grounds to the court in a sealed envelope or sealed package,
believe that evidence will be obtained and shall be accompanied by an affidavit of the
essential to the conviction of any person peace officer granted such authority stating the
for, or to the solution of, or to the number of recordings made, the dates and times
prevention of, any such crimes; and covered by each recording, the number of tapes,
d. that there are no other means readily discs, or records included in the deposit, and
available for obtaining such evidence. certifying that no duplicates or copies of the whole
or any part thereof have been made, or if made,
The written order of the Court granted or issued
that all such duplicates or copies are included in
shall specify –
the envelope or package deposited with the court.
a. identity of the person or persons whose (Sec. 3)
communications, conversations,
discussions, or spoken words are to be The envelope or package so deposited shall not
overheard, intercepted, or recorded and, in be opened, or the recordings replayed, or used in
the case of telegraphic or telephonic evidence, or their contents revealed, except upon
order of the court, which shall not be granted
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except upon motion, with due notice and TOPIC OUTLINE UNDER THE SYLLABUS:
opportunity to be heard to the person or persons
whose conversation or communications have III. SPECIAL PENAL LAWS
been recorded. (Sec. 3)
U. CYBERCRIME PREVENTION ACT OF 2012
The Act clearly and unequivocally makes it illegal (RA 10175)
for any person, not authorized by all the parties to
any private communication to secretly record 1. Definition of terms (Sec. 3)
such communication by means of a tape
2. Punishable acts
recorder. The law makes no distinction as to
whether the party sought to be penalized by the a. Cybercrime offenses (Sec. 4)
statute ought to be a party other than or different
from those involved in the private communication. b. Other offenses (Sec. 5)
(Ramirez v. Court of Appeals, G.R. No. 93833,
1995) 3. Jurisdiction (Sec. 21)
An extension telephone cannot be placed in the 4. Other relevant rules

same category as a dictaphone, dictagraph or the
other devices enumerated in Section 1 of RA No.
4200 as the use thereof cannot be considered as
"tapping" the wire or cable of a telephone line.
Hence, the phrase "device or arrangement" in
Section 1 of RA No. 4200, although not exclusive
to that enumerated therein, should be construed
to comprehend instruments of the same or similar
nature, that is, instruments the use of which would
be tantamount to tapping the main line of a
telephone. It refers to instruments whose
installation or presence cannot be presumed by
the party or parties being overheard because, by
their very nature, they are not of common usage
and their purpose is precisely for tapping,
intercepting or recording a telephone
conversation. (Gaanan v. Intermediate Appellate
Court, G.R. No. L-69809, 1986)
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U. CYBERCRIME PREVENTION ACT OF 2012 Without right

(RA 10175)
It refers to either (1) conduct undertaken without
I. Definition of terms or in excess of authority; or (2) conduct not
Access covered by established legal defenses, excuses,
court orders, justifications, or relevant principles
It refers to the instruction, communication with, under the law.
storing data in, retrieving data from, or otherwise
making use of any resources of a computer II. Punishable acts
system or communication network a. Cybercrime Offenses (Sec. 4)
Alteration Offenses against the confidentiality, integrity
and availability of computer data and
It refers to the modification or change, in form or
systems
substance, of an existing computer data or
program. 1. Illegal Access – the access to the whole or
any part of a computer system without right
Communication
2. Illegal Interception – interception made by
It refers to the transmission of information through
technical means without right of any non-
ICT media, including voice, video and other forms
public transmission of computer data to, from,
of data.
or within a computer system including
Computer data electromagnetic emissions from a computer
system carrying such computer data.
Any representation of facts, information, or
concepts in a form suitable for processing in a 3. Data Interference – intentional or reckless
computer system including a program suitable to alteration, damaging, deletion or
cause a computer system to perform a function deterioration of computer data, electronic
and includes electronic documents and/or document, or electronic data message,
electronic data messages whether stored in local without right, including the introduction or
computer systems or online. transmission of viruses.
Interception 4. System Interference – intentional alteration

or reckless hindering or interference with the
It refers to listening to, recording, monitoring or functioning of a computer or computer
surveillance of the content of communications, network by inputting, transmitting,
including procuring of the content of data, either damaging, deleting, deteriorating, altering or
directly, through access and use of a computer suppressing computer data or program,
system or indirectly, through the use of electronic electronic document, or electronic data
eavesdropping or tapping devices, at the same message, without right or authority, including
time that the communication is occurring. the introduction or transmission of viruses.
Service provider 5. Misuse of Devices
It refers to (1) any public or private entity that a. The use, production, sale,
provides to users of its service the ability to procurement, importation, distribution,
communicate by means of a computer system or otherwise making available, without
and (2) any other entity that processes or stores right, of:
computer data on behalf of such communication
service or users of such service. • A device, including a computer
program, designed or adapted
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primarily for the purpose of b. Act of knowingly using computer data

committing any of the offenses which is the product of computer-
under this Act; or related forgery as denied herein, for the
purpose of perpetuating a fraudulent or
• A computer password, access dishonest design.
code, or similar data by which the
whole or any part of a computer 2. Computer-related Fraud – Unauthorized
system is capable of being input, alteration, or deletion of computer data
accessed with intent that it be or program or interference in the functioning
used for the purpose of of a computer system, causing damage
committing any of the offenses thereby with fraudulent intent.
under this Act.
If no damage has yet been caused, the penalty
a. The possession of an item referred to imposable shall be one (1) degree lower.
above with intent to use said devices
for the purpose of committing any of 3. Computer-related Identity Theft – Intentional
the offenses under this section. acquisition, use, misuse, transfer,
possession, alteration or deletion of
6. Cyber-squatting – acquisition of a domain identifying information belonging to another,
name over the internet in bad faith to profit, whether natural or juridical, without right.
mislead, destroy reputation, and deprive
others from registering the same, if such a If no damage has yet been caused, the penalty
domain name is: imposable shall be one (1) degree lower.
a. Similar, identical, or confusingly Content-related offenses

similar to an existing trademark
1. Cybersex – Willful engagement,
registered with the appropriate
maintenance, control, or operation, directly
government agency at the time of the
or indirectly, of any lascivious exhibition of
domain name registration;
sexual organs or sexual activity, with the aid
b. Identical or in any way similar with the of a computer system, for favor or
name of a person other than the consideration.
registrant, in case of a personal name; 2. Child Pornography — the unlawful or
and prohibited acts denied and punishable by
Republic Act No. 9775 or the Anti-Child
c. Acquired without right or with
Pornography Act of 2009, committed through
intellectual property interests in it.
a computer system.
Computer-related offenses That the penalty to be imposed shall be one (1)
degree higher than that provided for in
1. Computer-related Forgery
Republic Act No. 9775.
a. Input, alteration, or deletion of any 3. [UNCONSTITUTIONAL] Unsolicited
computer data without right resulting in Commercial Communications – The
inauthentic data with the intent that it be transmission of commercial electronic
considered or acted upon for legal communication with the use of computer
purposes as if it were authentic, system which seek to advertise, sell, or offer
regardless whether or not the data is for sale products and services are prohibited
directly readable and intelligible; or unless:
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a. There is prior affirmative consent from The Supreme Court in the case of Disini v.
the recipient; or Secretary of Justice, G.R. No. 203335,
2014) declared that this provision only
b. The primary intent of the
penalizes aiding or abetting and attempt in
communication is for service and/or
the commission of cybercrime as valid and
administrative announcements from
constitutional only in relation to:
the sender to its existing users,
subscribers or customers; or a. Illegal Access
c. The following conditions are present: b. Illegal Interception
• The commercial electronic c. Data Interference
communication contains a
d. System Interference
simple, valid, and reliable way
for the recipient to reject. e. Misuse of Devices
receipt of further commercial f. Cyber Squatting
electronic messages (opt-out)
from the same source; g. Computer- related Forgery
h. Computer- related Fraud
• The commercial electronic
communication does not i. Computer-related Identity Theft
purposely disguise the source j. Cybersex
of the electronic message; and
HOWEVER, the provision is considered
• The commercial electronic void and unconstitutional in relation to
communication does not child pornography and online libel.
purposely include misleading
information in any part of the 2. Attempt in the Commission of Cybercrime —
message in order to induce the any person who willfully attempts to commit
recipients to read the message. any of the offenses enumerated in this Act
shall be held liable.
4. Libel — the unlawful or prohibited acts of
libel as defined in Article 355 of the Revised III. Jurisdiction
Penal Code, as amended, committed
through a computer system or any other The Regional Trial Court shall have jurisdiction
similar means which may be devised in the over any violation of the provisions of this Act.
future. including any violation committed by a Filipino
national regardless of the place of
It only penalizes online libel as valid and commission.
constitutional with respect to the original author of
the post; but void and unconstitutional with Jurisdiction shall lie if any of the elements was
respect to others who simply receive the post and committed within the Philippines or committed
react to it. with the use of any computer system wholly or
b. Other offenses (Sec. 5) partly situated in the country, or when by such
commission any damage is caused to a natural or
1. Aiding or Abetting in the Commission of juridical person who, at the time the offense was
Cybercrime – any person who willfully abets committed, was in the Philippines. (Sec. 21)
or aids in the commission of any of the
offenses enumerated in this Act shall be held IV. Other relevant rules
liable. The penalty of one degree higher than that
provided for by the RPC and special laws shall be
imposed on all crimes under RPC and special
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laws if committed by, through and with the use of TOPIC OUTLINE UNDER THE SYLLABUS:
information and communications technologies
shall be covered by the relevant provisions of this III. SPECIAL PENAL LAWS
Act. (Sec. 6)
V. ANTI-CHILD PORNOGRAPHY ACT OF 2009
Any evidence procured without a valid warrant or (RA 9775)
beyond the authority of the same shall be
inadmissible for any proceeding before any 1. Definition of terms (Sec. 3)
court or tribunal. (Sec. 18)
2. Prohibited acts (Sec. 4)
All relevant international instruments on
international cooperation in criminal matters,
3. Syndicated child pornography (Sec. 5)
arrangements agreed on the basis of uniform or
reciprocal legislation, and domestic laws, to the
widest extent possible for the purposes of
investigations or proceedings concerning criminal
offenses related to computer systems and data,
or for the collection of evidence in electronic form
of a criminal, offense shall be given full force and
effect. (Sec. 22)
Case study: X was charged with libel after

sending libelous emails to the officers of Corp A
and Y. In said emails, she aired grievances about
the performance of Y as chairman of Corp A. She
argued that publication, one of the elements of
libel was not present and that emailing does not
constitute publication under Article 355 of the
RPC. Since the information did not allege that the
emails were accessed by other persons, there
could be no publication. Lastly, X alleged that she
sent the emails as private communication of Corp
A with good faith and in the performance of a legal
duty. Are X’s emails covered under Article 355 of
the RPC?
Whether emailing is sufficiently “public”

as required by Articles 353 and 355 of the
RPC and the Anti-Cybercrime Law, is a
matter of defense that should be properly
raised during trial. While grievances,
channeled through proper public
authorities, has a degree of protected
freedom of speech. The scope and extent
of that protection cannot be grounded in
abstractions. The facts of the case need
to be proven by evidence. (Dio v. People,
G.R. No. 208146, 2016)
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V. ANTI-CHILD PORNOGRAPHY ACT OF who is engaged in or is represented as

2009 (RA 9775) being engaged in explicit sexual activity,
or an audio representation that
advocates, encourages or counsels any
Child sexual activity with children which is an
It refers to any person below 18 or over, but is offense under this Act; and
unable to fully take care of himself/herself from • Written text or material that advocates or
abuse, neglect, cruelty, exploitation or counsels explicit sexual activity with a
discrimination because of a physical or mental child and whose dominant characteristic
disability or condition. is the description, for a sexual purpose,
of an explicit sexual activity with a child.
It shall also refer to – b. As to content:
a. Any person regardless of age who is It includes representation of a person who is,
presented, depicted or portrayed as a child; appears to be, or is represented as being a
and, child, the dominant characteristic of which is
b. Computer-generated, digitally or manually the depiction, for a sexual purpose, of:
crafted images or graphics of a person who • the sexual organ or the anal region, or a
is represented or who is made to appear to representation thereof; and
be a child. • the breasts, or a representation of the
breasts, of a female person.
Child pornography
It refers any representation of a child engaged or II. Prohibited acts
involved in real or simulated explicit sexual It shall be unlawful for any person:
activities. a. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
Explicit sexual activity production of any form of child pornography
This term includes actual or simulated – b. To produce, direct, manufacture or create
a. sexual intercourse or lascivious act any form of child pornography.
including, but not limited to, contact involving c. To publish, offer, transmit, sell, distribute,
genital to genital, oral to genital, anal to broadcast, advertise, promote, export or
genital, or oral to anal, whether between import any form of child pornography
persons of the same or opposite sex; d. To possess any form of child pornography
b. bestiality; with the intent to sell, distribute, publish, or
c. masturbation; broadcast.
d. sadistic or masochistic abuse; e. Willfully and intentionally providing a venue
e. lascivious exhibition of the genitals, for the commission of prohibited acts.
buttocks, breasts, pubic area and/or anus; or f. Distribution of any form of child pornography
f. use of any object or instrument for lascivious by film distributors, theaters and
acts telecommunication companies, by
themselves or in cooperation with other
Child pornography materials entities.
It refers to the means and methods by which child g. Assisting in any form of child pornography by
pornography is carried out: a parent or guardian.
a. As to form: h. Engaging in luring or grooming.
• Visual depiction – not only images of real i. Engaging in pandering of any form of child
children but also digital images, computer pornography.
images or computer-generated images; j. Willful access any form of child pornography;
• Audio representation of a person who is
or is represented as being a child and
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k. To conspire to commit any of the prohibited V. Other relevant rules

acts stated in this section. Conspiracy to
Duties of an Internet Service Provider (ISP)
commit any form of child pornography shall
All internet providers (ISPs) shall notify the
be committed when two (2) or more persons
Philippine National Police (PNP) or the National
come to an agreement concerning the
Bureau of Investigation (NBI) within seven (7)
commission of any of the said prohibited acts
days from obtaining facts and circumstances that
and decide to commit it; and
any form of child pornography is being committed
l. Possession of any form of child
using its server or facility of any user, subscriber,
pornography. (Sec. 4)
or customer, or the content of any communication
of any such person
The possession of three (3) or more articles of
child pornography of the same form shall be
Provided, that no ISP shall be held civilly liable for
prima facie evidence of the intent to sell,
damages on account of any notice given in good
distribute, publish, or broadcast
faith in compliance with this section.
III. Syndicated child pornography
Furthermore, an ISP shall preserve such
The crime of child pornography is deemed evidence for purposes of investigation and
committed by a syndicate if carried out by a prosecution by relevant authorities
group of three (3) or more persons conspiring
or confederating with one another. (Sec. 5) An ISP shall, upon the request of proper
authorities, furnish the particulars of users who
IV. Disputable Presumption of Knowledge
gained or attempted to gain access to an internet
All mall owners/operators and owners or lessors address which contains any form of child
of other business establishments shall notify the pornography.
PNP or the NBI within 7 days from obtaining facts
and circumstances that child pornography is All ISPs shall install available technology,
being committed in their premises. program, or software to ensure that access to or
transmittal of any form of child pornography will
Provided that public display of any form of child be blocked or filtered.
pornography within their premises is a conclusive
presumption of the knowledge of the mall An ISP who shall knowingly, willfully, and
owners/operators and owners or lessors of other intentionally violate the provision shall be subject
business establishments of the violation of this to the penalty provided under Section 15(k) of this
Act: Act (Section 9)
Provided, further, that a disputable presumption
of knowledge by mall owners/operators and Liability of mall owners/operators and
owners or lessors of other business owners/lessors of business establishments
establishments should know or reasonably know All mall owners/operators and owners or lessors
that a violation of this Act is being committed in of other business establishments shall notify the
their premises. Photo developers, information PNP or the NBI within seven (7) days from
technology professionals, credit card companies obtaining facts and circumstances that child
and banks and any person who has direct pornography is being committed in their
knowledge of any form of child pornography premises.
activities shall have the duty to report any
suspected child pornography materials or It should be noted that the public display of any
transactions to the proper authorities within seven form of child pornography within their premises is
(7) days from discovery thereof. a conclusive presumption of the knowledge of
the mall owners/operators and owners or lessors
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of other business establishments of the violation within forty-eight (48) hours from receiving the
of this Act. notice that any form of child pornography is hitting
its server shall be conclusive evidence of willful
There is disputable presumption of knowledge and intentional violation thereof.
that mall owners/operators and owners or lessors
of other business establishments should know or ————- end of topic ————-
reasonably know that a violation of this Act is
being committed in their premises.
Photo developers, information technology
professionals, credit card companies and banks III. SPECIAL PENAL LAWS
and any person who has direct knowledge of
W. ANTI-PHOTO AND VIDEO VOYEURISM
any form of child pornography activities shall
ACT OF 2009 (RA 9995)
have the duty to report any suspected child
pornography materials or transactions to the 1. Definition of terms (Sec. 3)
proper authorities within seven (7) days from
discovery thereof. 2. Prohibited acts (Sec. 4)
Any willful and intentional violation of this

provision shall be subject to the penalty provided
under Section 15(l) (Sec. 10)
Duties of an Internet Content Host

An internet content host shall
a. Not host any form of child pornography on
its internet address;
b. Within seven (7) days, report the presence
of any form of child pornography, as well as
the particulars of the person maintaining,
hosting, distributing or in any manner
contributing to such internet address, to the
proper authorities; and
c. Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request

of proper authorities, furnish the particulars of
users who gained or attempted to gain access to
an internet address that contains any form of child
pornography.
An internet content host who shall knowingly,

willfully and intentionally violate this provision
shall be subject to the penalty provided under
Section 15 (j) of this Act:
Provided, That the failure of the internet content

host to remove any form of child pornography
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W. ANTI-PHOTO AND VIDEO VOYEURISM II. Prohibited acts

ACT OF 2009 (RA 9995)
Any person who commits the following shall be
I. Definition of terms liable for photo or video voyeurism:
a. Broadcast a. To take photo or video coverage of a person
or group of persons performing sexual act or
It is to make public, by any means, a visual image
any similar activity or to capture an image of
with the intent that it be viewed by a person or
the private area of a person/s such as the
persons.
naked or undergarment clad genitals, pubic
b. Capture area, buttocks or female breast without the
consent of the person/s involved and under
It means to videotape, photograph, film, record by circumstances in which the person/s
any means, or broadcast an image has/have a reasonable expectation of
privacy;
c. Photo or video voyeurism
b. To copy or reproduce, or to cause to be
It refers to the act of taking photo or video copied or reproduced, such photo or video or
coverage of a person or group of persons recording of sexual act or any similar activity
performing sexual act or any similar activity or of with or without consideration;
capturing an image of the private area of a person
c. To sell or distribute, or cause to be sold or
or persons without the latter's consent, under
distributed, such photo or video or recording
circumstances in which such person/s has/have
of sexual act, whether it be the original, copy
a reasonable expectation of privacy, or the act of
or reproduction thereof; or
selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video d. To publish or broadcast, or cause to be
coverage or recordings of such sexual act or published or broadcast, whether in print or
similar activity through VCD/DVD, internet, broadcast media, or show or exhibit the
cellular phones and similar means or device photo or video coverage or recordings of
without the written consent of the person/s such sexual act or any similar activity
involved, notwithstanding that consent to record through VCD/DVD, internet, cellular phones
or take photo or video coverage of same was and other similar means or device.
given by such person/s. The prohibition under items (b), (c) and (d) shall
apply notwithstanding that consent to record
d. Under circumstances in which a person has
or take photo or video coverage of the same
a reasonable expectation of privacy
was given by such person/s.
It refers to circumstances in which a reasonable
person would believe that he/she could disrobe in
privacy, without being concerned that an image or
a private area of the person was being captured;
or circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private place.
(Sec. 3)
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TOPIC OUTLINE UNDER THE SYLLABUS: X. ANTI-SEXUAL HARASSMENT ACT OF

1995 (RA 7877)
I. Persons liable
X. ANTI-SEXUAL HARASSMENT ACT OF 1995 The following persons shall be held liable:
(RA 7877)
a. Principal by direct participation; and,
1. Persons liable
b. Principals by inducement and indispensable
2. Punishable acts (Sec. 3) cooperation – Any person who directs or
induces another to commit any act of sexual
harassment as herein defined, or who
cooperates in the commission thereof by
another without which it would not have
been committed, shall also be held liable
under this Act. (Sec. 3)
II. Punishable acts

Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having
authority, influence or moral ascendancy
over another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said act.
Sexual harassment in work-related or

employment environment
a. Sexual favor is made as a condition:
i. For hiring or employment;

ii. Re-employment or continued
employment;
iii. Granting promotions, favorable
compensation, or privileges; or,
iv. Refusal to grant the sexual favor results
in classifying the employee which would
discriminate or deprive employment
opportunities or otherwise adversely
affect said employee;
b. Acts would impair the employee's rights or
privileges under existing labor laws; or,
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c. Acts would result in an intimidating, hostile, ————- end of topic ————-

or offensive environment for the employee.
(Sec. 3) TOPIC OUTLINE UNDER THE SYLLABUS:
Sexual harassment in education or training III. SPECIAL PENAL LAWS

environment
Y. ANTI-TRAFFICKING IN PERSONS ACT OF
a. Against one who is under the care, custody 2003 (RA 9208, AS AMENDED BY RA 10364)
or supervision of the offender;
1. Definition of terms; Elements (Sec. 3)
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to 2. Punishable acts (Sec. 4)
the offender;
3. Attempted trafficking (Sec. 4-A)
c. When the sexual favor is made a condition
to the giving of a passing grade, or the 4. Liability of accomplices; accessories
granting of honors and scholarships, or the (Secs. 4-B and 4-C)
payment of a stipend, allowance or other
benefits, privileges, or consideration; or, 5. Acts that promote trafficking (Sec. 5)
d. When the sexual advances result in an 6. Qualified trafficking (Sec. 6)

intimidating, hostile or offensive environment
for the student, trainee or apprentice. (Sec. 7. Initiation and prosecution of cases
3) (Sec. 8)
III. Other relevant rules 8. Prescriptive period (Sec. 12)

It is not essential that the demand, request or
requirement be made as a condition for continued
employment or for promotion to a higher position.
It is enough that the respondents acts result in
creating an intimidating, hostile or offensive
environment for the employee. (Domingo v.
Rayala, G.R. No. 155831, 2008)
Under RA 7877, an act of sexual harassment may

result in a criminal action wherein the accused is
prosecuted for a wrong committed against society
itself or the State whose law he or she violated.
Sexual harassment as defined and penalized
under Republic Act No. 7877 requires three
elements for an accused to be convicted: (1) that
the accused has authority, influence, or moral-
ascendancy over another; (2) the authority,
influence, or moral ascendancy exists in a work-
related, training-related, or education-related
environment, and (3) the accused who has
authority, influence, or moral-ascendancy over
another makes a demand, request, or
requirement of a sexual favor. (Escandor v.
People, G.R. No. 211962, July 06, 2020.)
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Y. ANTI-TRAFFICKING IN PERSONS ACT OF Involuntary Servitude

2003 (RA 9208, AS AMENDED BY RA
10364) A condition of enforced and compulsory service
induced by means of any scheme, plan or pattern,
I. Definition of terms intended to cause a person to believe that if he or
Child she did not enter into or continue in such
condition, he or she or another person would
It refers to a person below eighteen (18) years of suffer serious harm or other forms of abuse or
age or one who is over eighteen (18) but is unable physical restraint, or threat of abuse or harm, or
to fully take care of or protect himself/herself from coercion including depriving access to travel
abuse, neglect, cruelty, exploitation, or documents and withholding salaries, or the abuse
discrimination because of a physical or mental or threatened abuse of the legal process. (Sec. 3)
disability or condition.
Sex Tourism
Trafficking in persons
A program organized by travel and tourism-
Elements related establishments and individuals which
consists of tourism packages or activities, utilizing
1. Recruitment, transportation, transfer or and offering escort and sexual services as
harboring, or receipt of persons; enticement for tourists. This includes sexual
2. With or without the victim’s consent or services and practices offered during rest and
knowledge; recreation periods for members of the military.
(Sec. 3)
3. Within or across national borders;
4. By means of threat or use of force, or other Sexual Exploitation
forms of coercion, abduction, fraud,
Participation by a person in prostitution,
deception, abuse of power or of position,
pornography or the production of pornography, in
taking advantage of the vulnerability of the
exchange for money, profit or any other
person, or, the giving or receiving of
consideration or where the participation is caused
payments or benefits to achieve the consent
or facilitated by any means of intimidation or
of a person having control over another
threat, use of force, or other forms of coercion,
person; and
abduction, fraud, deception, debt bondage,
5. For the purpose of exploitation which abuse of power or of position or of legal process,
includes at a minimum, the exploitation or taking advantage of the vulnerability of the
the prostitution of others or other forms of person, or giving or receiving of payments or
sexual exploitation, forced labor or services, benefits to achieve the consent of a person
slavery, servitude or the removal or sale of having control over another person; or in sexual
organs. intercourse or lascivious conduct caused or
facilitated by any means as provided in this Act.
The recruitment, transportation, transfer,
(Sec. 3)
harboring or receipt of a child for the purpose of
exploitation shall also be considered as Debt Bondage
“trafficking in persons” even if it does not involve
any of the means set forth in the preceding Refers to the pledging by the debtor of his/her
paragraph. (Sec. 3) personal services or labor or those of a person
under his/her control as security or payment for a
debt, when the length and nature of services is
not clearly defined or when the value of the
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services as reasonably assessed is not applied g. To adopt or facilitate the adoption of persons
toward the liquidation of the debt. (Sec. 3) for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
II. Punishable acts involuntary servitude or debt bondage;
It shall be unlawful for any person, natural or
h. To recruit, hire, adopt, transport, transfer,
juridical, to commit any of the following acts:
obtain, harbor, maintain, provide, offer,
a. To recruit, obtain, hire, provide, offer, receive or abduct a person, by means of
transport, transfer, maintain, harbor, or threat or use of force, fraud, deceit, violence,
receive a person by any means, including coercion, or intimidation for the purpose of
those done under the pretext of domestic or removal or sale of organs of said person;
overseas employment or training or
i. To recruit, transport, obtain, transfer, harbor,
apprenticeship, for the purpose of
maintain, offer, hire, provide, receive or
prostitution, pornography, or sexual
adopt a child to engage in armed activities in
exploitation;
the Philippines or abroad;
b. To introduce or match for money, profit, or
j. To recruit, transport, transfer, harbor, obtain,
material, economic or other consideration,
maintain, offer, hire, provide or receive a
any person or, as provided for under
person by means defined in Section 3 of this
Republic Act No. 6955, any Filipino woman
Act for purposes of forced labor, slavery,
to a foreign national, for marriage for the
debt bondage and involuntary servitude,
purpose of acquiring, buying, offering, selling
including a scheme, plan, or pattern
or trading him/her to engage in prostitution,
intended to cause the person either:
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt i. To believe that if the person did not
bondage; perform such labor or services, he or
she or another person would suffer
c. To offer or contract marriage, real or
serious harm or physical restraint; or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to ii. To abuse or threaten the use of law or
engage in prostitution, pornography, sexual the legal processes; and
exploitation, forced labor or slavery,
involuntary servitude or debt bondage; k. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
d. To undertake or organize tours and travel receive a child for purposes of exploitation or
plans consisting of tourism packages or trading them, including but not limited to, the
activities for the purpose of utilizing and act of baring and/or selling a child for any
offering persons for prostitution, consideration or for barter for purposes of
pornography or sexual exploitation; exploitation. Trafficking for purposes of
exploitation of children shall include:
e. To maintain or hire a person to engage in
prostitution or pornography; i. All forms of slavery or practices similar
to slavery, involuntary servitude, debt
f. To adopt persons by any form of
bondage and forced labor, including
consideration for exploitative purposes or to
recruitment of children for use in
facilitate the same for purposes of
armed conflict;
prostitution, pornography, sexual
exploitation, forced labor, slavery, ii. The use, procuring or offering of a
involuntary servitude or debt bondage; child for prostitution, for the production
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of pornography, or for pornographic justification from the child’s parent or legal

performances; guardian;
iii. The use, procuring or offering of a child b. Executing, for a consideration, an affidavit of
for the production and trafficking of drugs; consent or a written consent for adoption;
and
c. Recruiting a woman to bear a child for the
iv. The use, procuring or offering of a child purpose of selling the child;
for illegal activities or work which, by its
nature or the circumstances in which it is d. Simulating a birth for the purpose of selling
carried out, is likely to harm their health, the child; and
safety or morals; and
e. Soliciting a child and acquiring the custody
l. To organize or direct other persons to thereof through any means from among
commit the offenses defined as acts of hospitals, clinics, nurseries, daycare
trafficking under this Act. (Sec. 4) centers, refugee or evacuation centers, and
low-income families, for the purpose of
Penalty selling the child. (Sec. 4-A)
Any person found guilty of committing any of the Penalty

acts enumerated above shall suffer the penalty of
imprisonment of twenty (20) years and a fine of Any person found guilty of committing any of the
not less than P1,000,000.00 but not more than acts enumerated above shall suffer the penalty of
P2,000,000.00. (Sec. 10(a)) imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than
III. Attempted trafficking P1,000,000.00. (Sec. 10 (b))
Where there are acts to initiate the IV. Liability of accomplices; accessories
commission of a trafficking offense but the
offender failed to or did not execute all the Accomplice
elements of the crime, by accident or by reason
Whoever knowingly aids, abets, cooperates in the
of some cause other than voluntary
execution of the offense by previous or
desistance, such overt acts shall be deemed as
simultaneous acts defined in this Act shall be
an attempt to commit an act of trafficking in
punished with imprisonment of fifteen (15) years
persons. As such, an attempt to commit any of the
and a fine of not less than P500,000.00 but not
offenses enumerated in Section 4 of this Act
more than P1,000,000.00. (Sec. 10 (c))
shall constitute attempted trafficking in
persons. Accessories
Where victim is a child Whoever has the knowledge of the commission
of the crime, and without having participated
Any of the following acts shall also be deemed as
therein, either as principal or as accomplices,
attempted trafficking in persons where victim
take part in its commission in any of the following
is a child:
manners:
a. Facilitating the travel of a child who travels
a. By profiting themselves or assisting the
alone to a foreign country or territory without
offender to profit by the effects of the crime;
valid reason therefor and without the
required clearance or permit from the b. By concealing or destroying the body of the
Department of Social Welfare and crime or effects or instruments thereof, in
Development, or a written permit or order to prevent its discovery;
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c. By harboring, concealing or assisting in the international and local airports, territorial

escape of the principal of the crime, provided boundaries and seaports who are in
the accessory acts with abuse of his or her possession of unissued, tampered or
public functions or is known to be habitually fraudulent travel documents for the purpose
guilty of some other crime. of promoting trafficking in persons;
Accessories shall suffer the penalty of f. To confiscate, conceal, or destroy the

imprisonment of fifteen (15) years and a fine of passport, travel documents, or personal
not less than imprisonment of fifteen (15) years documents or belongings of trafficked
and a fine of not less than P500,000.00 but not persons in furtherance of trafficking or to
more than P1,000,000.00. (Sec. 10(d)) prevent them from leaving the country or
seeking redress from the government or
V. Acts that promote trafficking appropriate agencies;
The following acts which promote or facilitate
g. To knowingly benefit from, financial or
trafficking in persons, shall be unlawful:
otherwise, or make use of, the labor or
a. To knowingly lease or sublease, use or allow services of a person held to a condition of
to be used any house, building or involuntary servitude, forced labor, or
establishment for the purpose of promoting slavery.
trafficking in persons;
h. To tamper with, destroy, or cause the
b. To produce, print and issue or distribute
destruction of evidence, or to influence or
unissued, tampered or fake counseling
attempt to influence witnesses, in an
certificates, registration stickers, overseas
investigation or prosecution of a case under
employment certificates or other certificates
this Act;
of any government agency which issues
these certificates, decals and such other i. To destroy, conceal, remove, confiscate or
markers as proof of compliance with possess, or attempt to destroy, conceal,
government regulatory and pre-departure remove, confiscate or possess, any actual or
requirements for the purpose of promoting purported passport or other travel,
trafficking in persons; immigration or working permit or document,
or any other actual or purported government
c. To advertise, publish, print, broadcast or
identification, of any person in order to
distribute, or cause the advertisement,
prevent or restrict, or attempt to prevent or
publication, printing, broadcasting or
restrict, without lawful authority, the person’s
distribution by any means, including the use
liberty to move or travel in order to maintain
of information technology and the internet, of
the labor or services of that person; or
any brochure, flyer, or any propaganda
material that promotes trafficking in persons; j. To utilize his or her office to impede the
investigation, prosecution or execution of
d. To assist in the conduct of misrepresentation
lawful orders in a case under this Act. (Sec.
or fraud for purposes of facilitating the
5)
acquisition of clearances and necessary exit
documents from government agencies that Penalty
are mandated to provide pre-departure
registration and services for departing Any person found guilty of committing any of the
persons for the purpose of promoting acts enumerated above shall suffer the penalty of
trafficking in persons; imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than
e. To facilitate, assist or help in the exit and P1,000,000.00. (Sec. 10 (d))
entry of persons from/to the country at
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VI. Qualified trafficking carrying out the exploitative purpose of

trafficking. (Sec. 6)
The following are considered as qualified
trafficking: Penalty
a. When the trafficked person is a child; Any person found guilty of qualified trafficking
shall suffer the penalty of life imprisonment and a
b. When the adoption is effected through
fine of not less than P2,000,000.00 but not more
Republic Act No. 8043, otherwise known as
than P5,000,000.00. (Sec. 10 (d))
the “Inter-Country Adoption Act of 1995” and
said adoption is for the purpose of VII. Initiation and prosecution of cases
prostitution, pornography, sexual
exploitation, forced labor, slavery, Initiation of investigation
involuntary servitude or debt bondage;
Law enforcement agencies are mandated to
c. When the crime is committed by a syndicate, immediately initiate investigation and counter-
or in large scale. trafficking-intelligence gathering upon receipt of
statements or affidavit from victims of trafficking,
Trafficking is deemed committed by a syndicate migrant workers, or their families who are in
if carried out by a group of three (3) or more possession of knowledge or information about
persons conspiring or confederating with one trafficking in persons cases.
another. It is deemed committed in large scale if
committed against three (3) or more persons, Prosecution of cases
individually or as a group;
Any person who has personal knowledge of the
d. When the offender is a spouse, an commission of any offense under this Act, such
ascendant, parent, sibling, guardian or a as the trafficked person, the parents, spouse,
person who exercises authority over the siblings, children or legal guardian may file a
trafficked person or when the offense is complaint for trafficking.
committed by a public officer or employee;
Affidavit of desistance
e. When the trafficked person is recruited to
Cases involving trafficking in persons should not
engage in prostitution with any member of
be dismissed based on the affidavit of
the military or law enforcement agencies;
desistance executed by the victims or their
f. When the offender is a member of the parents or legal guardians. Public and private
military or law enforcement agencies; prosecutors are directed to oppose and manifest
objections to motions for dismissal. (Sec. 8)
g. When by reason or on occasion of the act of
trafficking in persons, the offended party VIII. Prescriptive period
dies, becomes insane, suffers mutilation or Trafficking cases under this Act shall prescribe in
is afflicted with Human Immunodeficiency ten (10) years.
Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS); Trafficking cases committed by a syndicate or in
a large scale, or against a child, shall prescribe in
h. When the offender commits one or more twenty (20) years.
violations of Section 4 over a period of sixty
(60) or more days, whether those days are The prescriptive period shall commence to run
continuous or not; and from the day on which the trafficked person is
delivered or released from the conditions of
i. When the offender directs or through bondage, or in the case of a child victim, from
another manages the trafficking victim in
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the day the child reaches the age of majority, Lalli, Aringoy and Relampagos have conspired
and shall be interrupted by the filing of the and confederated with one another to recruit and
complaint or information and shall commence to place Lolita for work in Malaysia without a POEA
run again when the proceedings terminate license. The three elements of syndicated illegal
without the accused being convicted or acquitted recruitment are present in this case:
or are unjustifiably stopped for any reason not
imputable to the accused. (Sec. 12) 1. The accused have no valid license or
authority required by law to lawfully engage
IX. Other relevant rules in recruitment and placement of workers;
Legal protection 2. The accused engaged in recruitment and
place by actually recruiting, deploying, and
Trafficked persons shall not be penalized for
transporting Lolita to Malaysia; and,
unlawful acts committed as a direct result or
incident, or in-elation to being trafficked 3. Illegal recruitment was committed by three
enumerated in this act. In this regard, the consent persons, conspiring and confederating with
of a trafficked person to the intended exploitation one another.
set forth in this Act shall be irrelevant.
People v. Casio, G.R. No. 211465, 2014
Victims of trafficking for purposes of prostitution
as defined under Section 4 of this Act are not An Information was filed against X, charging her
covered by Article 202 of the Revised Penal Code for violating R.A. 9208 Sec. 4(a), qualified by Sec.
and as such, shall not be prosecuted, fined, or 6(a). The Information states that: X, with
otherwise penalized under the said law. (Sec. 17) deliberate intent, with intent to gain, did then and
there hire and/or recruit Y, a minor, 17 years old
Irrelevance of past sexual behavior
and Z for the purpose of prostitution and sexual
The past sexual behavior or the sexual exploitation, by acting as their procurer for
predisposition of a trafficked person shall be different customers, for money, profit, or any other
considered inadmissible in evidence for the consideration. The accused, X, testified that while
purpose of proving consent of the victim to she was walking outside, two men asked her if
engage in sexual behavior, or to prove to she knew someone named “A,” but she replied
predisposition, sexual or otherwise, of a trafficked that she only knew a certain “Y.” The two men said
person. that they were actually looking for Y, gave her a
piece of paper with a number on it, and told her to
Cases tell Y to bring companions. When X arrived home,
she contacted Y. Y convinced her to come
People v. Lalli, G.R. No. 195419, 2011 because allegedly, she would be given money by
the two males. The RTC found X guilty beyond
Given the broad definition of recruitment and
reasonable doubt. The Court of Appeals likewise
placement, even the mere act of referring
affirmed the same. X argued that Y admitted to
someone for placement abroad can be
her that she was already engaged in prostitution,
considered recruitment. Such act of referral, in
and therefore led X to conclude that Y was
connivance with someone without the requisite
predisposed to having sex with customers for
authority or POEA license, constitutes illegal
money. Can X’s argument prosper?
recruitment. In its simplest terms, illegal
recruitment is committed by persons who, without
No. Under Sec. 3(a) of R.A. 9208,
authority from the government, give the
trafficking in persons can still be
impression that they have the power to send
committed even if victim gives consent.
workers abroad for employment purposes.
The victim’s consent is rendered
meaningless due to coercive, abusive, or
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deceptive means employed by 3. The purpose of trafficking includes "the

perpetrators of human trafficking. R.A. exploitation or the prostitution of others or
9208 further defines what qualifies the other forms of sexual exploitation, forced
crime of trafficking in persons, and one of labor or services, slavery, servitude or the
them is when trafficked person is a child. removal or sale of organs[.]"
The crime has been consummated for
the mere “transaction” i.e. that Here, Y was charged with having violated
‘solicitation’ for sex and handling over of qualified trafficking in relation to Section 4 (e) of
the “bust money” already consummated Republic Act No. 9208, which provides that it is
the act. unlawful for anyone to maintain or hire a person
to engage in prostitution or pornography.
People of the Philippines v. Nancy Lasaca
Ramirez, G.R. No. 217978, 2019 The court held that the victim’s consent is
rendered meaningless due to the coercive,
Officer X went undercover in a KTV Bar where abusive, or deceptive means employed by
prostitution was rampant. Y approached officer X perpetrators of human-trafficking. Even without
and offered special services to be given by Z in the use of coercive, abusive, or deceptive means,
exchange for money. Z was a minor. Officer X a minor’s consent is not given out of his or her
accepted the agreement and hailed a cab for Z own free will. Y took advantage of the vulnerability
and himself to head to a motel. Before arriving in of Z as a minor. Z ‘s acquiescence to the
the motel Z asked for the payment in exchange transaction cannot be a valid defense.
for the special services which Officer X complied
with, however shortly after he asked the taxi to Santiago, Jr. y Santos v. People, G.R. No.
stop and introduced himself as an Officer. He 213760, 2019
went back to the KTV Bar and arrested Y. In the
defense of, Y she claimed that Z has given The RTC found X of the crime of trafficking in
consent to conduct the interaction therefore persons punished under Section 4(a) of Anti-
absolving her from liability. Is Y still guilty? Trafficking in Persons, giving credence to the
testimony of A, whom X recruited to have sex with
Yes. Under Republic Act No. 10364, the Z, who was designated as a confidential police
elements of trafficking in persons have been asset, for P500. The CA affirmed the conviction of
expanded to include the following acts: X. X argues that the prosecution failed to prove
his guilt beyond reasonable doubt as Z, the
1. The act of "recruitment, obtaining, hiring, confidential informant was not able to give a
providing, offering, transportation, testimony, thus raising doubt on whether
transfer, maintaining, harboring, or petitioner truly offered A to Z. Is X’s argument
receipt of persons with or without the tenable?
victim's consent or knowledge, within or
across national borders No. The Court denied X’s contention. The
2. The means used include "by means of testimony of the confidential informant is
threat, or use of force, or other forms of not indispensable in the crime of
coercion, abduction, fraud, deception, trafficking in persons. Neither is his
abuse of power or of position, taking identity relevant. It is sufficient that the
advantage of the vulnerability of the accused has lured, enticed, or engaged
person, or, the giving or receiving of its victims or transported them for the
payments or benefits to achieve the established purpose of exploitation,
consent of a person having control over which was sufficiently shown by the
another person trafficked person's testimony alone.
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TOPIC OUTLINE UNDER THE SYLLABUS: Z. ANTI-VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN ACT OF 2004 (RA 9262)
Z. ANTI-VIOLENCE AGAINST WOMEN AND Violence against women and their children
THEIR CHILDREN ACT OF 2004 (RA 9262)
It refers to any act or a series of acts committed
1. Definition of terms; Elements (Sec. 3) by any person
2. Punishable acts (Sec. 5) a. against a woman who is his wife, former

wife, or against a woman with whom the
3. Battered Woman Syndrome (Sec. 26)
person has or had a sexual or dating
4. Other relevant rules relationship, or with whom he has a common
child; or
b. 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:
• 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;
• acts causing or attempting to cause the

victim to engage in any sexual activity
by force, threat of force, physical or
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other harm or threat of physical or other Battery

harm or coercion;
It refers to an act of inflicting physical harm upon
• Prostituting the woman or child. the woman or her child resulting to the physical
and psychological or emotional distress.
c. Psychological violence refers to acts or
omissions causing or likely to cause Battered Woman Syndrome
mental or emotional suffering of the
victim such as but not limited to intimidation, It refers to a scientifically defined pattern of
harassment, stalking, damage to property, psychological and behavioral symptoms found in
public ridicule or humiliation, repeated verbal women living in battering relationships as a result
abuse and marital infidelity. of cumulative abuse.
It includes causing or allowing the victim to Stalking

witness the physical, sexual or psychological
It refers to an intentional act committed by a
abuse of a member of the family to which the
person who, knowingly and without lawful
victim belongs, or to witness pornography in any
justification follows the woman or her child or
form or to witness abusive injury to pets or to
places the woman or her child under surveillance
unlawful or unwanted deprivation of the right to
directly or indirectly or a combination thereof.
custody and/or visitation of common children.
Dating relationship
d. Economic abuse refers to acts that make
or attempt to make a woman financially It refers to a situation wherein the parties live as
dependent which includes, but is not limited husband and wife without the benefit of
to the following: marriage or are romantically involved over
time and on a continuing basis during the
• Withdrawal of financial support or
course of the relationship.
preventing the victim from engaging in
any legitimate profession, occupation, A casual acquaintance or ordinary socialization
business or activity, except in cases between two individuals in a business or social
wherein the other spouse/partner context is not a dating relationship.
objects on valid, serious and moral
grounds as defined in Article 73 of the Sexual relations
Family Code;
It refers to a single sexual act which may or may
• Deprivation or threat of deprivation of not result in the bearing of a common child.
financial resources and the right to the
use and enjoyment of the conjugal, Children
community or property owned in
It refers to those below eighteen (18) years of age
common;
or older but are incapable of taking care of
• Destroying household property; or themselves as defined under Republic Act No.
7610. This term includes the biological children of
• Controlling the victims’ own money or the victim and other children under her care. (Sec.
properties or solely controlling the 3)
conjugal money or properties.
II. Punishable acts
The crime of violence against women and their
children is committed through any of the following
acts:
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a. Causing physical harm to the woman or her g. Causing or attempting to cause the woman
child; or her child to engage in any sexual activity
which does not constitute rape, by force or
b. Threatening to cause the woman or her child threat of force, physical harm, or through
physical harm; intimidation directed against the woman or
her child or her/his immediate family;
c. Attempting to cause the woman or her child
physical harm; h. Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
d. Placing the woman or her child in fear of
alarms or causes substantial emotional or
imminent physical harm;
psychological distress to the woman or her
e. Attempting to compel or compelling the child. This shall include, but not be limited to,
woman or her child to engage in conduct the following acts:
which the woman or her child has the right to
• Stalking or following the woman or her
desist from or desist from conduct which the
child in public or private places;
woman or her child has the right to engage
in, or attempting to restrict or restricting the • Peering in the window or lingering
woman’s or her child’s freedom of movement outside the residence of the woman or
or conduct by force or threat of force, her child;
physical or other harm or threat of physical
or other harm, or intimidation directed • Entering or remaining in the dwelling or
against the woman or child. This shall on the property of the woman or her
include, but not limited to, the following acts child against her/his will;
committed with the purpose or effect of
controlling or restricting the woman’s or her • Destroying the property and personal
child’s movement or conduct: belongings or inflicting harm to animals
or pets of the woman or her child; and
• Threatening to deprive or actually
depriving the woman or her child of • Engaging in any form of harassment or
custody to her/his family; violence;
• Depriving or threatening to deprive the i. Causing mental or emotional anguish, public

woman or her children of financial ridicule or humiliation to the woman or her
support legally due her or her family, child, including, but not limited to, repeated
or deliberately providing the woman’s verbal and emotional abuse, and denial of
children insufficient financial support; financial support or custody of minor children
of access to the woman’s child/children.
• Depriving or threatening to deprive the (Sec. 5)
woman or her child of a legal right;
III. Battered woman syndrome
• Preventing the woman in engaging in
Cycle of violence
any legitimate profession, occupation,
business or activity or controlling the a. Tension building phase;
victim’s own mon4ey or properties, or
solely controlling the conjugal or b. Acute battering incident; and
common money, or properties;
c. Tranquil, loving phase (non-violent phase).
f. Inflicting or threatening to inflict physical (People v. Genosa, G.R. No. 1395981,
harm on oneself for the purpose of 2004)
controlling her actions or decisions;
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Characteristics of the syndrome the past or present existence of such relationship

between the offender and the victim when the
a. The woman believes that the violence was physical harm was committed. Consequently,
her fault; the Court cannot depart from the parallelism
in Ang and give credence to petitioner's assertion
b. She has an inability to place the
that the act of violence should be due to the
responsibility for the violence elsewhere;
sexual or dating relationship. (Dabalos v. RTC,
c. She fears for her life and/or her children’s Branch 59, Angeles City, G.R. No. 193960, 2013)
life; and
While the said provision provides that the
d. She has an irrational belief that the abuser is offender be related or connected to the victim by
omnipresent and omniscient. marriage, former marriage, or a sexual or dating
relationship, it does not preclude the application
Battered woman syndrome as a defense of the principle of conspiracy under the RPC.
Hence, parents-in-law may be punished under
Victim-survivors who are found by the courts to the said law. (Go-Tan v. Tan, G.R. No. 168852,
be suffering from battered woman syndrome do 2008)
not incur any criminal and civil liability
notwithstanding the absence of any of the Case
elements for justifying circumstances of self-
defense under the Revised Penal Code. Pavlov v. Mendenilla, G.R. No. 181489, 2017
In the determination of the state of mind of the AA filed a Complaint-Affidavit against X for slight
woman who was suffering from battered woman physical injuries. Subsequently, filed an Amended
syndrome at the time of the commission of the Complaint-Affidavit to include maltreatment in
crime, the courts shall be assisted by expert relation to the Anti-VAWC Law as a ground. The
psychiatrists/ psychologists. (Sec. 26) Assistant Prosecutor dismissed because she
failed to substantiate her allegations. BB (mother
IV. Other relevant rules of AA) filed in the lower court for AA’s benefit,
praying for the issuance of a Temporary
Women may be held liable under the law for
Protection Order or Permanent Protection Order
lesbian relationships. (Barangay Protection Order
under the Anti-VAWC Law. BB added that she
RA 9262: A Primer. Department of Interior and
had been aware of her daughter's ordeal and that
Local Government, National Barangay
her daughter was admitted to St. Agnes General
Operations Office, 2004.)
Hospital for injuries borne by X‘s alleged acts of
Notably, while it is required that the offender has violence. X filed Omnibus Motions praying for the
or had a sexual or dating relationship with the dismissal of BB's petition alleging that he did not
offended woman, for RA 9262 to be applicable, it personally received it. However, the court
is not indispensable that the act of violence be a dismissed his claim for the reason that
consequence of such relationship. Nowhere in substituted summons suffice because he is out of
the law can such limitation be inferred. Hence, the country. Did BB engage in forum shopping by
applying the rule on statutory construction that filing a petition for the issuance of a protection
when the law does not distinguish, neither should order after a criminal complaint under the Anti-
the courts, then, clearly, the punishable acts refer VAWC Law was dismissed by the prosecutor?
to all acts of violence against women with whom
NO. In denying petitioner's Omnibus
the offender has or had a sexual or dating
Motion, Judge CC ruled that BB had
relationship. As correctly ruled by the RTC, it is
personality to file a petition for the
immaterial whether the relationship had ceased
issuance of a protection order to benefit
for as long as there is sufficient evidence showing
her daughter. It was equally ruled that BB
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did not engage in forum shopping despite TOPIC OUTLINE UNDER THE SYLLABUS:
the prosecutor's prior dismissal of a
criminal complaint filed by AA against III. SPECIAL PENAL LAWS
petitioner for slight physical injuries and
maltreatment in relation to the Anti- AA. SPECIAL PROTECTION OF CHILDREN
VAWC Law. Finally, it was established AGAINST ABUSE, EXPLOITATION, AND
that jurisdiction over petitioner's person DISCRIMINATION ACT (RA 7610, AS
was properly acquired through AMENDED BY RA 7658 AND RA 9231)
substituted service.
The mother of a victim of acts of violence against
2. Punishable acts (Secs. 5 and 10)
women and their children is expressly given
personality to file a petition for the issuance of a 3. Other relevant rules
protection order by Section 9(b) of the Anti-VAWC
Law. However, the right of a mother and of other
persons mentioned in Section 9 to file such a
petition is suspended when the victim has filed a
petition for herself. Nevertheless, in this case,
respondent BB filed her petition after her
daughter's complaint-affidavit had already been
dismissed.
Thus, in Republic v. Yahon, the Court held that

PGMC may be ordered to automatically deduct a
portion from the retirement benefits of its
member-recipients for direct remittance to the
latter's legal spouse as and by way of support in
compliance with a protection order issued by the
trial court, pursuant to the provisions of Republic
Act No. 9262 (RA 9262) or the Anti-Violence
against Women and Their Children Act of 2004.
The Court declared therein that RA 9262 — which
is a special law; a later enactment; a support
enforcement legislation; and one that addresses
one form of violence, which is economic abuse
against women and children — should be
construed as laying down an exception to the
general rule that retirement benefits are exempt
from execution. The Court therein noted that RA
9262 itself explicitly authorizes the courts to order
the withholding of a percentage of the income or
salary of the defendant or respondent by the
employer, which shall be remitted directly to the
plaintiff or complainant — other laws to the
contrary notwithstanding. (Pension and Gratuity
Management Center v. AAA, G.R. No. 201292,
2018)
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AA. SPECIAL PROTECTION OF CHILDREN c. Living in or fending for themselves in the

AGAINST ABUSE, EXPLOITATION, AND streets of urban or rural areas without the
DISCRIMINATION ACT (RA 7610, AS care of parents or a guardian or basic
AMENDED BY RA 7658 AND RA 9231) services needed for a good quality of life;
I. Definition of terms d. Being a member of a indigenous cultural
community and/or living under conditions of
Children
extreme poverty or in an area which is
It refers to person below eighteen (18) years of underdeveloped and/or lacks or has
age OR those over but are unable to fully take inadequate access to basic services needed
care of themselves or protect themselves from for a good quality of life;
abuse, neglect, cruelty, exploitation or e. Being a victim of a man-made or natural
discrimination because of a physical or mental disaster or calamity; or
disability or condition;.
f. Circumstances analogous to those
Child abuse abovestated which endanger the life, safety
or normal development of children. (Sec. 3)
It refers to the maltreatment, whether habitual or
not, of the child which includes any of the II. Punishable acts
following: Child prostitution and other sexual abuse
Children, whether male or female, who for money,
a. Psychological and physical abuse, neglect, profit, or any other consideration or due to the
cruelty, sexual abuse and emotional coercion or influence of any adult, syndicate or
maltreatment; group, indulge in sexual intercourse or lascivious
conduct (Sec. 5)
b. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and Persons liable:
dignity of a child as a human being;
a. Those who engage in or promote,
c. Unreasonable deprivation of his basic needs facilitate or induce child prostitution which
for survival, such as food and shelter; or include, but are not limited to, the following:
d. Failure to immediately give medical 1. Acting as a procurer of a child
treatment to an injured child resulting in prostitute;
serious impairment of his growth and
2. Inducing a person to be a client of a
development or in his permanent incapacity
child prostitute by means of written or
or death.
oral advertisements or other similar
Circumstances which gravely threaten or means;
endanger the survival and normal 3. Taking advantage of influence or
development of children relationship to procure a child as
prostitute;
This include, but are not limited to, the following:
4. Threatening or using violence towards
a. Being in a community where there is armed
a child to engage him as a prostitute;
conflict or being affected by armed conflict-
or
related activities;
5. Giving monetary consideration goods
b. Working under conditions hazardous to life,
or other pecuniary benefit to a child
safety and normal which unduly interfere
with intent to engage such child in
with their normal development;
prostitution. (Sec. 5 (a))
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Elements of sexual abuse under Sec. 5 (a) Elements of sexual abuse under Sec. 5(b)
1. The accused engages in, promotes, 1. The accused commits the act of sexual
facilitates or induces child prostitution; intercourse or lascivious conduct;
2. The act is done through, but not limited to, 2. The said act is performed with a child
the following means: exploited in prostitution or subjected to other
a. acting as a procurer of a child sexual abuse; and
prostitute; 3. The child, whether male or female, is below
b. inducing a person to be a client of a 18 years of age. (Garingarao v. People, G.R.
child prostitute by means of written or No. 192769, 2011)
oral advertisements or other similar For consensual sexual intercourse or
means; lascivious conduct with a minor, who is not
c. taking advantage of influence or exploited in prostitution, to thus fall within the
relationship to procure a child as a purview of Section 5(b) of R.A. No. 7610,
prostitute; "persuasion, inducement, enticement or
coercion" of the child must be present.
d. threatening or using violence towards
(People v. Court of Appeals, G.R. No.
a child to engage him as a prostitute;
171863, 2008)
or
e. giving monetary consideration, goods Violation of Section 5(b), Article III of RA 7610
or other pecuniary benefit to a child and rape are separate and distinct crimes.
with intent to engage such child in The two are separate and distinct crimes.
prostitution; Thus, petitioner can be held liable for
violation of Section 5(b), Article III of RA 7610
3. the child is exploited or intended to be despite a finding that he did not commit rape.
exploited in prostitution; and (Malto v. People, G.R. No. 164733, 2007)
4. the child, whether male or female, is below
Under Section 5(b), Article III of RA 761012 in
18 years of age. (People v. Dulay, G.R. No.
relation to RA 8353, if the victim of sexual
193854, 2012)
abuse14 is below 12 years of age, the
Sexual abuse under Sec. 5(a) essentially offender should not be prosecuted for sexual
punishes acts pertaining to or connected with abuse but for statutory rape under Article
child prostitution. It contemplates sexual 266-A(1)(d) of the Revised Penal Code15
abuse of a child exploited in prostitution. In and penalized with reclusion perpetua.
other words, under Sec. 5(a), the child is
abused primarily for profit. On the other hand, if the victim is 12 years or
older, the offender should be charged with
b. Those who commit the act of sexual
either sexual abuse17 under Section 5(b) of
intercourse of lascivious conduct with a
RA 7610 or rape under Article 266-A (except
child exploited in prostitution or subject to
paragraph 1[d]) of the Revised Penal Code.
other sexual abuse.
However, the offender cannot be accused of
When victims is under twelve (12) years both crimes18 for the same act because his
of age, the perpetrators shall be right against double jeopardy will be
prosecuted under Article 335, paragraph prejudiced. A person cannot be subjected
3, for rape and Article 336 of Act No. twice to criminal liability for a single criminal
3815, as amended, the Revised Penal act. (People v. Abay, G.R. No. 177752, 2009)
Code, for rape or lascivious conduct, as
the case may be. (Sec. 5(b))
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c. Those who derive profit or advantage 1. Beg or use begging as a means of

therefrom, whether as manager or owner of living;
the establishment where the prostitution
2. Act as conduit or middlemen in drug
takes place, or of the sauna, disco, bar,
trafficking or pushing; or
resort, place of entertainment or
establishment serving as a cover or which 3. Conduct any illegal activities
engages in prostitution in addition to the III. Other relevant rules
activity for which the license has been issued
to said establishment. (Sec. 5(c)) Cases
Other acts of neglect, abuse, cruelty or People v. Udang, Sr. y Sevilla, G.R. No. 210161,
exploitation and other conditions prejudicial 2018
to the child's development
X was charged with two counts of rape against Y,
a. Any person who shall commit any other acts who at the time was a minor, in Violation of Article
of child abuse, cruelty or exploitation or to be 266-A in relation to Sec. 5 (b) of R.A. 7610. X
responsible for other conditions prejudicial to raped 13-year-old Y in his house while Y was
the child's development including those intoxicated, once in Sept 2003 and again on
covered by Article 59 of Presidential Decree December 2003. The RTC and CA convicted X of
No. 603, as amended, but not covered by the rape under Article 266-A(1) of the Revised Penal
Revised Penal Code, as amended Code, instead of sexual abuse under Section 5(b)
of Republic Act No. 7610. It ratiocinated that
b. Any person who shall keep or have in his while the allegations in the first and second
company a minor, twelve (12) years or under Informations satisfied the elements of rape under
or who in ten (10) years or more his junior in the first and third paragraphs of Article 266-A,
any public or private place, hotel, motel, beer respectively, the charges can only be one (1) for
joint, discotheque, cabaret, pension house, rape under the first paragraph of Article 266-A
sauna or massage parlor, beach and/or because an accused cannot be prosecuted twice
other tourist resort or similar places. for a single criminal act. Was X correctly
This provision shall not apply to any person who convicted of rape punished under the first
is related within the fourth degree of paragraph of Article 266-A of the Revised Penal
consanguinity or affinity or any bond Code?
recognized by law, local custom and tradition
or acts in the performance of a social, moral No, X was charged and convicted for
or legal duty. violation of Section 5 (b), Article III of RA
7610, not rape. The offense for which he
c. Any person who shall induce, deliver or offer was convicted is punished by a special
a minor to any one prohibited by this Act to law while rape is a felony under the
keep or have in his company a minor as Revised Penal Code. They have different
provided in the preceding paragraph. elements. The two are separate and
d. Any person, owner, manager or one distinct crimes. Thus, X can be held liable
entrusted with the operation of any public or for violation of Section 5 (b), Article III of
private place of accommodation, whether for RA 7610 despite a finding that he did not
occupancy, food, drink or otherwise, commit rape. Unlike rape, consent is
including residential places, who allows any immaterial in cases involving violation of
person to take along with him to such place Section 5, Article III of RA 7610.
or places any minor herein described.
e. Any person who shall use, coerce, force or
intimidate a street child or any other child to;
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Perez v. People, G.R. No. 201414, 2018 Development (DSWD) representative, a case
was filed against X for committing child abuse in
X was found guilty beyond reasonable doubt of violation of RA 7610. Being found guilty by both
violating Section 5 (b) of Republic Act No. 7610. the trial court and the appellate court, X appealed.
The prosecution alleged that X committed child X argues that the lower courts erred in finding her
abuse when he followed minor Y into the kitchen, guilty because the children’s testimonies were
kissed her nape, told her to keep quiet, and inconsistent with each other, evidencing that they
inserted his finger inside her vagina while were coached. Are inconsistencies in the
mashing her breasts. The elements of the offense testimony of children enough to acquit a person
aforementioned are: (1) the accused commits the from violating RA 7610?
acts of sexual intercourse or lascivious conduct;
(2) the said act is performed with a child exploited NO. Though there were some
in prostitution or subjected to other sexual abuse; inconsistencies in the details of the
and, (3) the child, whether male or female, is abuse, this does not detract from the
below 18 years of age. X contends that assuming veracity of their testimonies. As the Court
the crime is committed, it should only be acts of of Appeals correctly ruled, the
lasciviousness since the prosecution was not straightforward, candid, and intrepid
able to prove the second element. Is X liable only revelation of Y and Z is more convincing
for acts of lasciviousness since not all the and plausible compared to the weak and
elements of child abuse under R.A. 7610 were uncorroborated defense of X. Courts
present? expect minor inconsistencies when a
child-victim narrates the details of a
No. Section 5 (b) of Republic Act No. harrowing experience, especially when
7610 refers to a specification only as to the details are too painful to recall. Such
who is liable and the penalty to be inconsistencies only prove that the child-
imposed. The person who engages in victim was unrehearsed, especially when
sexual intercourse with a child already the discrepancies are minor details
coerced is liable. Children who are irrelevant to the elements of the crime,
likewise coerced in lascivious conduct and thus, cannot be considered as
are “deemed to be children exploited in grounds for acquittal. Y and Z’s
prostitution and other sexual abuse.” testimonies sufficiently established that X
Therefore, all the elements of the crime committed physical violence against
were present. them. They validated their testimonies
with properly identified photos depicting
Fernandez y Medina v. People, G.R. 217542,
the injuries they had suffered, further
2018
corroborated by their medical certificates.
X was the house helper turned stepmother of two Thus, there is sufficient basis to conclude
children Y and Z. While in the beginning their that they were telling the truth.
relationship was fine, X eventually started
Torres y Salera v. People, G.R. No. 206627, 2017
inflicting abuse on Y and Z. X would beat the kids,
use pliers to pinch and crimp their ears, kick them B, with intent to harm and humiliate, did then and
and hit them with various household items, and there, abuse, slap and whip A, a 14 year old minor
would force them to lie about how they acquired with a T-shirt hitting his neck and shoulder and
their injuries. It was only after some prodding from causing him to fall down on the stairs of the
their teacher that Z disclosed the abuse, she and barangay hall, to the damage and prejudice of the
her brother Y were suffering at the hands of X. said victim in the amount to be proved during trial.
Their teacher reported this to the principal who Based on the physical examination conducted by
then called in a barangay councilor. After talks Dr. Y, AA sustained a contusion. A is the victim
with a Department of Social Welfare and
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and B is the uncle of A. Is the prejudice to the her care. X claims that the prosecution failed to
development of the child necessary in violating prove the infliction of physical injuries on the child,
Republic Act No. 7610? and tried to impugn ill motives on the
prosecution’s Witness Z. X also claims that the
NO, prejudice to the development of the prosecution failed to prove the infliction of
child is not a necessary element of the physical injuries on the child has “prejudiced the
crime but constitutes another act different child’s development” as required by §10(a) of RA
the 3 other acts which are enumerated in 7610. Further, X asserts that she should have
the same provision: child abuse, child been charged with slight physical injuries under
cruelty and child exploration. The act of the RPC and not child abuse under RA 7610. Is X
whipping a child three (3) times in the guilty of child abuse in violation of §10(a) of RA
neck with a wet t-shirt constitutes child 7610?
abuse. The victim, AA, was a child when
the incident occurred. Yes. At the time of the physical abuse, Y
was a child entitled to the protection of
Article VI, Section 10(a) of Republic Act RA 7610. Under Article 1, §3(b) of RA
No. 7610 punishes not only those 7610, physical abuse, whether habitual
enumerated under Article 59 of or not, constitute child abuse. The
Presidential Decree No. 603, but also testimonies of Y, Z, Y’s father, and the
four distinct acts, i.e., (a) child abuse, (b) medical findings all support the fact that
child cruelty, (c) child exploitation and (d) physical abuse did occur. The SC held
being responsible for conditions that §10(a) of RA 7610 punished 4
prejudicial to the child's development. distinct offenses which are (1) child
abuse, (2) child cruelty, (3) child
AA is entitled to protection under
exploitation, and (4) being responsible for
Republic Act No. 7610. Further, the use
the conditions prejudicial to the child’s
of "or" in Section 10(a) of Republic Act
development. The element that acts must
No. 7610 before the phrase "be
be prejudicial to the child’s development
responsible for other conditions
pertains only to the fourth offense.
prejudicial to the child's development"
supposes that there are four punishable Finally, the SC distinguishes the factual
acts therein. First, the act of child abuse; circumstances between this case and
second, child cruelty; third, child that of Bongalon v People, where the
exploitation; and fourth, being Bongalon was overwhelmed by the
responsible for conditions prejudicial to protective instincts of a father and
the child's development. The fourth slapped the minor complainant’s left
penalized act cannot be interpreted as a cheek and hit his back. It is not applicable
qualifying condition for the three other in this case because X’s maltreated Y
acts, because an analysis of the entire though repeated acts of physical abuse.
context of the questioned provision does It must be stressed that crimes punished
not warrant such construal. by RA 7610 are mala prohibitum. Intent
to debase, degrade or demean the minor
Lucido v. People, G.R. No. 217764, 2017
is not essential to establish guilt.
X was accused, and convicted, of child abuse
People v. Tulagan, G.R. No. 227363, 2019
under §10(a) of RA 7610, or otherwise known as
the Special Protection of Children against Child In People vs. Tulagan, the Supreme Court made
Abuse, Exploitation and Discrimination Act. X a comparison of the elements of rape under the
beat with the use of a belt, pinched and RPC and sexual intercourse with a child under
strangulated Y, an 8-year-old child placed under Section 5(b) of the Child Abuse Law where the
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offended party is between 12 years old and below

18:
RAPE UNDER SECTION 5 (1) OF

ARTICLE 266-A (1) R.A. NO. 7610
(A, B, C) UNDER
THE RPC
1. Offender is a man; 1. Offender is a man;
2. Carnal knowledge 2. Indulges in sexual

of a woman; intercourse with a
female child
exploited in
prostitution or other
sexual abuse, who
is 12 years old or
below 18 or above
18 under special
circumstances;
3. Through force, 3. Coercion or

threat or influence of any
intimidation; adult, syndicate or
when the group is employed
offended party is against the child to
deprived of become a
reason or prostitute.
otherwise
unconscious;
and by means of
fraudulent
machination or
grave abuse of
authority.
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In the same case, the Supreme Court made the following designation of crime and its penalty:
Age of Victim
Under 12 years old or 12 years old or below 18, or 18 years old
Crime Committed demented 18 under special and above
circumstances
Acts of Lasciviousness Lascivious conduct under N/A

Acts of
under Article 336 of the Section 5 (b) of R.A. No.
Lasciviousness
RPC in relation to Section 7610: reclusion temporal in its
committed against
5 (b) of R.A. No. medium period to reclusion
children exploited in
7610: reclusion perpetua
prostitution or other
temporal in its medium
sexual abuse
period
Sexual Assault under Lascivious Conduct under N/A

Sexual Assault Article 266-A (2) of the Section 5 (b) of R.A. No.
committed against RPC in relation to Section 7610: reclusion temporal in its
children exploited in 5 (b) of R.A. No. medium period to reclusion
prostitution or other 7610: reclusion perpetua
sexual abuse temporal in its medium
period
Rape under Article 266-A Sexual Abuse 77 under N/A

Sexual Intercourse (1) of the RPC: reclusion Section 5 (b) of R.A. No.
committed against perpetua, except when 7610: reclusion temporal in its
children exploited in the victim is below 7 years medium period to reclusion
prostitution or other old in which case death perpetua
sexual abuse penalty shall be imposed
76
Rape under Article 266-A Rape under Article 266-A (1) in Rape under
(1) in relation to Art. 266-B relation to Art. 266-B of the Article 266-A
of the RPC: reclusion RPC: reclusion perpetua (1) of the
Rape by carnal
perpetua, except when RPC: reclusion
knowledge
the victim is below 7 years perpetua
old in which case death
penalty shall be imposed
Sexual Assault under Lascivious Conduct under Sexual

Article 266-A (2) of the Section 5 (b) of R.A. No. Assault under
RPC in relation to Section 7610: reclusion temporal in its Article 266-A
Rape by Sexual
5 (b) of R.A. No. medium period to reclusion (2) of the
Assault
7610: reclusion perpetua RPC: prision
temporal in its medium mayor
period
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TOPIC OUTLINE UNDER THE SYLLABUS: BB. SAFE SPACES ACT (RA 11313)
Catcalling
BB. SAFE SPACES ACT (RA 11313) It is unwanted remarks directed towards a
person, commonly done in the form of wolf-
1. Definition of terms whistling and misogynistic, transphobic,
homophobic, and sexist slurs;
2. Gender-based streets and public spaces
sexual harassment Employee
A person, who in exchange for remuneration,
3. Gender-based online sexual harassment agrees to perform specified services for another
person, whether natural or juridical, and whether
4. Qualified gender-based streets, public private or public, who exercises fundamental
spaces and online sexual harassment control over the work, regardless of the term or
duration of agreement
5. Gender-based sexual harassment in the
workplace For the purposes of this law, a person who is
detailed to an entity under a subcontracting or
6. Gender-based sexual harassment in secondment agreement shall be considered an
educational and training institutions employee;
Employer
A person who exercises control over an employee
For the purpose of this Act, the status or

conditions of the latter's employment or
engagement shall be disregarded;
Gender
It is a set of socially ascribed characteristics,
norms, roles, attitudes, values and expectations
identifying the social behavior of men and
women, and the relations between them;
Gender-based online sexual harassment

It is an online conduct targeted at a particular
person that causes or likely to cause another
mental, emotional or psychological distress, and
fear of personal safety, sexual harassment acts
including unwanted sexual remarks and
comments, threats, uploading or sharing of one's
photos without consent, video and audio
recordings, cyberstalking and online identity theft;
Gender identity and/or expression

It is the personal sense of identity as
characterized, among others, by manner of
clothing, inclinations, and behavior in relation to
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masculine or feminine conventions. A person may b. Acts such as making offensive body
have a male or female identity with physiological gestures at someone, and exposing private
characteristics of the parts for the sexual gratification of the
opposite sex, in which case this person is perpetrator with the effect of demeaning,
considered transgender; harassing, threatening or intimidating the
offended party including flashing of private
Public Spaces parts, public masturbation, groping, and
It refers to streets and alleys, public parks, similar lewd sexual actions; and,
schools, buildings, malls, bars, restaurants, c. Acts such as stalking, and any of the acts
transportation terminals, public markets, spaces mentioned in items (a) and (b), when
used as evacuation centers, government offices, accompanied by touching, pinching or
public utility vehicles as well as private vehicles brushing against the body of the offended
covered by app-based transport network services person; or any touching, pinching, or
and other recreational spaces such as, but not brushing against the genitalia, face, arms,
limited to, cinema halls, theaters and spas; and anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim’s body even
Stalking when not accompanied by acts mentioned in
It is conduct directed at a person involving the items (a) and (b).
repeated visual or physical proximity, non-
consensual communication, or a combination Places covered
thereof that cause or will likely cause a person to Streets, public spaces, restaurants, bars,
fear for one's own safety or the safety of others, cinemas, malls, buildings and other privately-
or to suffer emotional distress. (Sec. 3) owned places and in public utility vehicles (PUVs)
II. Gender-based streets and public spaces III. Gender-based online sexual harassment
sexual harassment
Acts that use information and communications
The following acts are unlawful and shall be technology in terrorizing and intimidating victims
penalized as follows: through the following:
a. For acts such as cursing, wolf-whistling, a. physical, psychological, and emotional
catcalling, leering and intrusive gazing, threats, unwanted sexual misogynistic,
taunting, pursing, unwanted invitations, transphobic, homophobic and sexist
misogynistic, transphobic, homophobic, and remarks and comments online whether
sexist slurs, persistent unwanted comments publicly or through direct and private
on one’s appearance, relentless requests for messages,
one’s personal details such as name, b. invasion of victim’s privacy through
contact and social media details or cyberstalking and incessant messaging;
destination, the use of words, gestures or c. uploading and sharing without the consent of
actions that ridicule on the basis of sex, the victim, any form of media that contains
gender or sexual orientation, identity and/or photos, voice, or video with sexual content,
expression including sexist, homophobic, any unauthorized recording and sharing of
and transphobic statements and slurs, the any of the victim’s photos, videos, or any
persistent telling of sexual jokes, use of information online; or,
sexual names, comments and demands, d. impersonating identities of victims online or
and any statement that has made an posting lies about victims to harm their
invasion on a person’s personal space or reputation, or filing, false abuse reports to
threatens the person’s sense of personal online platforms to silence victims.
safety;
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IV. Qualified gender-based streets, public other forms of information and

spaces and online sexual harassment communication systems;
c. A conduct that is unwelcome and pervasive
The penalty next higher in degree will be applied
and creates an intimidating, hostile or
in the following cases:
humiliating environment for the recipient.
a. If the act takes place in a common carrier or
PUV, including, but not limited to, jeepneys,
That the crime of gender-based sexual
taxis, tricycles, or app-based transport
harassment may also be committed between
network vehicle services, where the
peers and those committed to a superior
perpetrator is the driver of the vehicle and
officer by a subordinate, or to a teacher by a
the offended party is a passenger;
student, or to a trainer by a trainee; and
b. If the offended party is a minor, a senior
d. Information and communication system
citizen, or a person with disability (PWD), or
refers to a system for generating, sending,
a breastfeeding mother nursing her child;
receiving, storing or otherwise processing
c. If the offended party is diagnosed with a
electronic data messages or electronic
mental problem tending to impair consent;
documents and includes the computer
d. If the perpetrator is a member of the
system or other similar devices by or in
uniformed services, such as the PNP and
which data are recorded or stored and any
the Armed Forces of the Philippines (AFP),
procedure related to the recording or storage
and the act was perpetrated while the
of electronic data messages or electronic
perpetrator was in uniform; and
documents.
e. If the act takes place in the premises of a
government agency offering frontline VI. Gender-based sexual harassment in
services to the public and the perpetrator is educational and training institutions
a government employee.
All schools, whether public or private, shall
designate an officer-in-charge to receive
V. Gender-based sexual harassment in the complaints regarding violations of this Act, and
workplace shall, ensure that the victims are provided with a
The crime of gender-based sexual harassment in gender-sensitive environment that is both
the workplace includes the following: respectful to the victims’ needs and conducive to
a. An act or series of acts involving any truth-telling.
unwelcome sexual advances, requests or
demand for sexual favors or any act of Every school must adopt and publish grievance
sexual nature, whether done verbally, procedures to facilitate the filing of complaints by
physically or through the use of technology students and faculty members. Even if an
such as text messaging or electronic mail or individual does not want to file a complaint or
through any other forms of information and does not request that the school take any action
communication systems, that has or could on behalf of a student or faculty member and
have a detrimental effect on the conditions of school authorities have knowledge or reasonably
an individual’s employment or education, job know about a possible or impending act of
performance or opportunities; gender-based sexual harassment or sexual
b. A conduct of sexual nature and other violence, the school should promptly investigate
conduct-based on sex affecting the dignity of to determine the veracity of such information or
a person, which is unwelcome, knowledge and the circumstances under which
unreasonable, and offensive to the recipient, the act of gender-based sexual harassment or
whether done verbally, physically or through sexual violence were committed, and take
the use of technology such as text appropriate steps to resolve the situation.
messaging or electronic mail or through any
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If a school knows or reasonably should know CC. DATA PRIVACY ACT (RA 10173)
about acts of gender-based sexual harassment or
sexual violence being committed that creates a
hostile environment, the school must take Consent of the data subject
immediate action to eliminate the same acts, It refers to any freely given, specific, informed
prevent their recurrence, and address their indication of will, whereby the data subject agrees
effects. Once a perpetrator is found guilty, the to the collection and processing of personal
educational institution may reserve the right to information about and/or relating to him or her.
strip the diploma from the perpetrator or issue an
expulsion order. Consent shall be evidenced by written, electronic
or recorded means. It may also be given on behalf
Liability of students of the data subject by an agent specifically
Minor students who are found to have committed authorized by the data subject to do so.
acts of gender-based sexual harassment shall
only be held liable for administrative sanctions by Data subject
the school as stated in their school handbook. An individual whose personal information is
processed
Information and communications system
It refers to a system for generating, sending,
TOPIC OUTLINE UNDER THE SYLLABUS: receiving, storing or otherwise processing
electronic data messages or electronic
III. SPECIAL PENAL LAWS documents and includes the computer system or
other similar device by or which data is recorded,
CC. DATA PRIVACY ACT (RA 10173) transmitted or stored and any procedure related
to the recording, transmission or storage of
1. Definition of terms (Sec. 3) electronic data, electronic message, or electronic
document.
2. Scope of application (Sec. 4)
Personal information
3. Extraterritorial application (Sec. 5) It is any information whether recorded in a
material form or not, from which the identity of an
4. Punishable acts individual is apparent or can be reasonably and
directly ascertained by the entity holding the
information, or when put together with other
information would directly and certainly identify
an individual.
Personal information controller

It is a person or organization who controls the
collection, holding, processing or use of personal
information, including a person or organization
who instructs another person or organization to
collect, hold, process, use, transfer or disclose
personal information on his or her behalf.
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The term excludes: personal information controllers and processors

1. A person or organization who performs such who, although not found or established in the
functions as instructed by another person or Philippines, use equipment that are located in the
organization; and Philippines, or those who maintain an office,
2. An individual who collects, holds, processes branch or agency in the Philippines subject to the
or uses personal information in connection immediately succeeding paragraph.
with the individual's personal, family or
household aﬀairs. This Act does not apply to the following:
a. Information about any individual who is or
Personal information processor was an officer or employee of a government
It is any natural or juridical person qualiﬁed to act institution that relates to the position or
as such under this Act to whom a personal functions of the individual, including:
information controller may outsource the 1. The fact that the individual is or was
processing of personal data pertaining to a data an officer or employee of the
subject. government institution;
2. The title, business address and office
Privileged information telephone number of the individual;
It refers to any and all forms of data which under 3. The classification, salary range and
the Rules of Court and other pertinent laws responsibilities of the position held by
constitute privileged communication. the individual; and
4. The name of the individual on a
Sensitive personal information document prepared by the individual
It refers to personal information: in the course of employment with the
a. About an individual’s race, ethnic origin, government;
marital status, age, color, and religious, b. Information about an individual who is or was
philosophical or political affiliations; performing service under contract for a
b. About an individual’s health, education, government institution that relates to the
genetic or sexual life of a person, or to any services performed, including the terms of
proceeding for any offense committed or the contract, and the name of the individual
alleged to have been committed by such given in the course of the performance of
person, the disposal of such proceedings, or those services;
the sentence of any court in such c. Information relating to any discretionary
proceedings; benefit of a financial nature such as the
c. Issued by government agencies peculiar to granting of a license or permit given by the
an individual which includes, but not limited government to an individual, including the
to, social security numbers, previous or cm- name of the individual and the exact nature
rent health records, licenses or its denials, of the benefit;
suspension or revocation, and tax returns; d. Personal information processed for
and journalistic, artistic, literary or research
d. Specifically established by an executive purposes;
order or an act of Congress to be kept e. Information necessary in order to carry out
classified. the functions of public authority which
includes the processing of personal data for
II. Scope the performance by the independent, central
This applies to the processing of all types of monetary authority and law enforcement and
personal information and to any natural and regulatory agencies of their constitutionally
juridical person involved in personal and statutorily mandated functions. Nothing
information processing including those in this Act shall be construed as to have
amended or repealed Republic Act No.
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1405, otherwise known as the Secrecy of 2. The personal information was

Bank Deposits Act; Republic Act No. 6426, collected or held by an entity in the
otherwise known as the Foreign Currency Philippines. (Sec. 5)
Deposit Act; and Republic Act No. 9510,
otherwise known as the Credit Information IV. Punishable acts
System Act (CISA); The following acts shall be punished:
f. Information necessary for banks and other a. Unauthorized processing of personal
financial institutions under the jurisdiction of information and sensitive personal
the independent, central monetary authority information (Sec. 25)
or Bangko Sentral ng Pilipinas to comply b. Accessing personal information and
with Republic Act No. 9510, and Republic sensitive personal information due to
Act No. 9160, as amended, otherwise known negligence (Sec. 26)
as the Anti-Money Laundering Act and other c. Improper disposal of personal information
applicable laws; and and sensitive personal information –
g. Personal information originally collected Persons who knowingly or negligently
from residents of foreign jurisdictions in dispose, discard or abandon the personal
accordance with the laws of those foreign information of an individual in an area
jurisdictions, including any applicable data accessible to the public or has otherwise
privacy laws, which is being processed in the placed the personal information of an
Philippines. (Sec. 4) individual in its container for trash collection
(Sec. 27)
III. Extraterritorial application
d. Processing of personal information and
This applies to an act done or practice engaged sensitive personal information for
in and outside of the Philippines by an entity if: unauthorized purposes (Sec. 28)
a. The act, practice or processing relates to e. Unauthorized access or intentional breach –
personal information about a Philippine Persons who knowingly and unlawfully, or
citizen or a resident; violating data confidentiality and security
b. The entity has a link with the Philippines, and data systems, breaks in any way into any
the entity is processing personal information system where personal and sensitive
in the Philippines or even if the processing is personal information is stored. (Sec. 29)
outside the Philippines as long as it is about f. Concealment of security breaches involving
Philippine citizens or residents such as, but sensitive personal information – Persons
not limited to, the following: who, after having knowledge of a security
1. A contract is entered in the breach and of the obligation to notify the
Philippines; Commission pursuant to Section 20(f),
2. A juridical entity unincorporated in intentionally or by omission conceals the fact
the Philippines but has central of such security breach (Sec. 30)
management and control in the g. Malicious disclosure – Any personal
country; and information controller or personal
3. An entity that has a branch, agency, information processor or any of its officials,
office or subsidiary in the Philippines employees or agents, who, with malice or in
and the parent or affiliate of the bad faith, discloses unwarranted or false
Philippine entity has access to information relative to any personal
personal information; and information or personal sensitive information
c. The entity has other links in the Philippines obtained by him or er (Sec. 31)
such as, but not limited to: h. Unauthorized disclosure – Any personal
1. The entity carries on business in the information controller or personal
Philippines; and information processor or any of its officials,
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employees or agents, who discloses to a TOPIC OUTLINE UNDER THE SYLLABUS:

third party personal and sensitive personal
information not covered by the immediately III. SPECIAL PENAL LAWS
preceding section without the consent of the
data subject (Sec. 32) Note: This topic is included in the List of
Relevant Materials for Special Penal Laws, but
V. Extent of liability not expressly included under the syllabus for
the said subject.
If the offender is a/an
a. Juridical person DD. INDETERMINATE SENTENCE LAW (ACT
The penalty shall be imposed upon the 4103, AS AMENDED BY ACT NO. 4225 AND RA
responsible officers, as the case may be, 4225)
who participated in, or by their gross
negligence, allowed the commission of 1. Concept
the crime. The court may also suspend or
revoke any of its rights under this Act. 2. Who are disqualified
b. Alien
3. Release of prisoner on parole
He or she shall, in addition to the
penalties herein prescribed, be deported 4. Reasons for fixing the maximum and
without further proceedings after serving minimum terms in the indeterminate
the penalties prescribed. sentence
c. Public official
If the offender is a public official or 5. Other relevant rules
employee and lie or she is found guilty of
acts penalized under Sections 27 and 28
of this Act, he or she shall, in addition to
the penalties prescribed herein, suffer
perpetual or temporary absolute
disqualification from office, as the case
may be.
When the offender or the person

responsible for the offense is a public
officer as defined in the Administrative
Code of the Philippines in the exercise of
his or her duties, an accessory penalty
consisting in the disqualification to
occupy public office for a term double the
term of criminal penalty imposed shall he
applied. (Sec. 36)
Committed in large scale

When the personal information of at least one
hundred (100) persons is harmed, affected or
involved as the result of the above mentioned
actions, the violation of this Act is considered
committed in large scale. (Sec. 35)
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DD. INDETERMINATE SENTENCE LAW (ACT Illustration

4103, AS AMENDED BY ACT NO. 4225 CRIME PUNISHED UNDER RPC
AND RA 4225) Case: In a frustrated homicide case, the
I. Concept penalty for which is prision mayor in its
medium (given that it is only frustrated,
The Indeterminate Sentence Law (“ISL”) provides thus it is lower by one degree).
for a maximum and minimum, instead of a single NO mitigating and aggravating
fixed penalty. The prisoner must be sentenced to circumstance
imprisonment for a period which is not more than
MAX Prision mayor, medium
the maximum and not less than the minimum. The
Anywhere within the range of
period between the minimum and maximum is
MIN prision correccional, being the
indeterminate in the sense that the prisoner may
next lower than prision mayor
be exempted from serving said indeterminate
With ONE MITIGATING circumstance
period in whole or in part.
and NO AGGRAVATING circumstance
For a prisoner to be eligible for parole, he must MAX Prision mayor, minimum
serve the minimum. Anywhere within the range of
MIN prision correccional without
The law does not impair the powers of the Chief reference to any of its period
Executive under the Administrative Code. With ONE AGGRAVATING circumstance
MAX Prision mayor, maximum
If crime is based on RPC
MAXIMUM penalty: What is imposed in the RPC, MIN prision correccional without
considering the modifying circumstances. reference to any of its period
With ONE PRIVILEGED MITIGATING or
MINIMUM penalty: One DEGREE lower of the TWO MITIGATING circumstances, NO
maximum penalty imposed in the RPC, without AGGRAVATING circumstance
considering the modifying circumstances. MAX Prision correccional, medium
If crime is based on SPL MIN
arresto mayor
MAXIMUM penalty: Maximum term fixed by the
law CRIME PUNISHED UNDER SPL
Case: A is convicted of illegal possession of
MINIMUM penalty: Any period, but not lower than firearms punishable by 1 year and 1 day to 8
the minimum fixed by the special law. years of imprisonment.
However, if the special adopts the nomenclature Shall not exceed 8 years as fixed
MAX
of penalties under the RPC, the determination of by law
the indeterminate sentence will be based in the Shall not be less than the
rules applied for those crimes under the RPC. MIN minimum period of 1 year and 1
(Cahulogan v. People, G.R. No. 225695, 2018) day as prescribed by law
Purpose: To uplift and redeem valuable human

material and prevent unnecessary and excessive II. Who are disqualified
deprivation of liberty and economic usefulness The ISL shall not apply to the following persons:
(People v. Ducosin, G.R. No. L-38332, 1933).
a. Sentenced to reclusion perpetua or life
imprisonment or death penalty;
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b. Convicted of treason, or conspiracy or During the period of surveillance, the paroled

proposal to commit treason; prisoner shall:
c. Convicted of misprision of treason, rebellion, a. Report personally to proper government
sedition or espionage; officials or other parole officers appointed by
d. Convicted of piracy; the Board;
e. Habitual delinquents; b. Show himself to be a law-abiding citizen;

and,
f. Escaped from confinement as a prisoner, or
evaded sentence; c. Shall not violate any law.
g. Granted with conditional pardon by the The Board may limit his residence and change it
President, but violated the terms thereof; from time to time.
h. Maximum term of imprisonment actually The final certificate of release shall issue ONLY
imposed does not exceed one (1) year; if during the period of surveillance, the paroled
i. When penalty is other than prison sentence prisoner successfully satisfies items (b) and (c) of
(e.g., destierro or suspension only) his duties above-mentioned.
j. Pendency of another case; Violation of conditions of parole

k. When application of ISL will not be favorable When the paroled prisoner violates any of the
to the accused; conditions of his parole:
l. Those who are already sentenced by final
a. The Board may issue an order for his arrest
judgment upon the approval of ISL, except
which may be served in any part of the
Sec. 5 (Release of prisoner on parole).
Philippines by any police officer; and,
III. Release of prisoner on parole
b. The prisoner shall serve the remaining
The Board of Indeterminate Sentence may
unexpired portion of the maximum sentence
authorize the release of a prisoner on parole,
originally imposed upon him, UNLESS the
upon such terms and conditions as prescribed,
Board will grant him another parole.
after he shall have served the minimum penalty
imposed on him, provided that it shall appear to IV. Reasons for fixing the maximum and
the Board from the reports of the prisoner’s work minimum terms in the indeterminate
and conduct and from study and investigation sentence
made by the Board that:
The minimum and maximum terms in the
a. Such prisoner is fitted by his training for Indeterminate Sentence must be fixed, because
release; they are the basis for the following:
b. There is reasonable probability that he will
a. Eligibility for parole – It is when he has
and live and remain at liberty without
served the MINIMUM penalty imposed on
violating the law; and,
him, and upon determination by the Board to
c. The release will not be incompatible with the be fit for parole.
welfare of society.
b. Determination of the sentence to be imposed
Even if a prisoner has already served the when the paroled prisoner violates any of the
minimum penalty imposed, if he is not fit for conditions of his parole during the period of
release on parole, he shall continue serving his surveillance – In such case, he may be
sentence until the end of his maximum term. rearrested to serve the remaining unexpired
portion of the MAXIMUM sentence.
Duty of paroled prisoner
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c. Determination of period when the prisoner is TOPIC OUTLINE UNDER THE SYLLABUS:
to stay imprisoned – Even if a prisoner has
already served the MINIMUM, but he is not III. SPECIAL PENAL LAWS
fit for release on the parole, he shall continue
to serve until the end of the MAXIMUM term. Note: This topic is included in the List of
V. Other relevant rules not expressly included under the syllabus for
the said subject.
Article III, Sec 19(1) of the 1987 Constitution
which states that “Any death penalty already EE. PROBATION LAW (PD 968 AS AMENDED
imposed shall be reduced to reclusion perpetua” BY PD 1257, BP 76, PD 1990 and RA 10707)
does not change the periods of the penalty
prescribed by Article 248 of the RPC, except only 1. Definition of terms
insofar as it prohibits the imposition of the death
penalty and reduces it to reclusion perpetua. The 2. When applied for
range of the medium and minimum penalties
3. Grant/Denial of probation; Conditions
remain unchanged. (People v. Muñoz, G.R. No.
L-38969-70, 1989) 4. Disqualified offenders
————- end of topic ————- 5. Period of probation
6. Arrest of probationer
7. Termination of probation
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EE. PROBATION LAW (PD 968 AS AMENDED When a judgment of conviction imposing a non-
BY PD 1257, BP 76, PD 1990 and RA probationable penalty is appealed or reviewed,
10707) and such judgment is modified through the
imposition of a probationable penalty, the
defendant shall be allowed to apply for probation
Probation based on the modified decision before such
decision becomes final. The application for
Probation is a special privilege granted by the probation based on the modified decision shall be
state to a penitent qualified offender. It essentially filed in the trial court where the judgment of
rejects appeals and encourages an otherwise conviction imposing a non-probationable penalty
eligible convict to immediately admit his liability was rendered, or in the trial court where such
and save the state of time, effort and expenses to case has since been re-raffled. (Colinares v.
jettison an appeal. The law expressly requires People, G.R. No. 182748, 2011)
that an accused must not have appealed his
conviction before he can avail of probation. III. Grant/Denial of probation; Conditions
(Francisco v. Court of Appeals, G.R. No. 108747,
Rules and effects of filing and grant/denial of
1995)
application for probation
It is a disposition under which a defendant, after
a. Filing of application for probation operates
conviction and sentence, is released subject to
as a waiver of the right to appeal.
conditions imposed by the court and to the
supervision of a probation officer. b. If the defendant has perfected an appeal, no
application will be granted.
Probationer
c. After having convicted and sentenced a
defendant, the trial court may suspend the
He is a person placed on probation.
execution of the sentence, and place the
defendant on probation, upon application by
Probation officer
the defendant within the period for perfecting
He is a person who investigates for the court, an appeal.
makes a referral for probation, supervises a d. Probation may be granted whether the
probationer or both, and performs other related sentence imposes the penalty of
duties as directed. imprisonment or fine only.
II. When applied for e. The order granting or denying probation

shall not be appealable since probation is
not an absolute right.
Probation is applied for after conviction and
sentencing of a defendant for a probationable f. Accessory penalties are deemed suspended
penalty and upon application within the period once probation is granted.
of perfecting an appeal.
g. The convict is not immediately placed on
probation. There shall be a prior
General Rule: A perfected appeal from the
investigation by the probation officer and a
judgment of conviction bars the grant of the
determination by the court.
privilege of probation. The remedies of appeal
and probation are alternative and mutually
exclusive of each other.
Exception: Appeal for correction of a non-

probationable penalty
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Conditions of grant of probation f. Those who have perfected an appeal;
The probationer shall: g. Those who were convicted of drug trafficking

or drug pushing under RA 9165, Sec. 24;
a. Present himself to his probation officer
designated to undertake his supervision at a h. Those who were convicted of election
place specified in the order within 72 hours offenses under the Omnibus Election Code;
from receipt of said order;
i. If placing the offender on probation will NOT
b. Report to his probation officer at least once serve the end of justice or the best interest
a month at such time and place as specified of the society and the offender himself;
by said officer; and,
j. Those guilty of malicious reporting of money
c. Other additional conditions that the court laundering under RA 9160, as amended;
may require as listed in Section 10 of PD and,
968.
k. In order not to depreciate the crime of torture
Grounds for denial of application for (RA 9745).
probation
V. Period of probation
Application for probation shall be denied upon the
Period of imprisonment and period of
finding of the court that:
probation
a. Probation will depreciate the seriousness of TERM OF
DURATION
the offense committed; IMPRISONMENT
Penalty for crime is not Probation shall not
b. There is undue risk of committing another more than 1 year exceed 2 years
crime during the probation period; or Penalty for crime is Probation shall not
more than 1 year exceed 6 years
c. The offender is in need of correctional When penalty is a fine Probation shall be
treatment that can be provided effectively by only and offender is twice the total
his commitment to an institution. made to serve number of days of
subsidiary subsidiary
IV. Disqualified offenders
imprisonment imprisonment
The benefits of the Probation Law shall not be
extended to the following persons:
VI. Arrest of probationer
a. Those sentenced to serve a maximum term
of imprisonment of more than 6 years; At any time during probation, the court may issue
a warrant for the arrest of a probationer for any
b. Those convicted of subversion or any crime serious violation of the conditions of probation, or
against the national security; upon commission of another offense.
c. Those previously convicted by final The probationer, once arrested and detained,
judgment of an offense punished by shall immediately be brought before the court for
imprisonment of more than 6 months and 1 a hearing, which may be informal and summary,
day and/or a fine more than P1,000; of the violation charged. The accused may be
permitted bail pending such hearing.
d. Those once placed on probation;
If violation is established, the court may:
e. Those already serving sentence at the time
the Probation Law became applicable;
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a. Revoke his probation, and thus make him 5. Diversion and intervention
serve the sentence originally imposed; or,
b. Continue his probation and modify its
conditions.
FF. JUVENILE JUSTICE AND WELFARE ACT
If revoked, the probationer shall serve the (RA 9344, AS AMENDED BY RA 10630)
sentence originally imposed. I. Definition of terms
VII. Termination of probation Best interest of the child
The court may order the final discharge of the It refers to the totality of the circumstances and
probationer upon finding that he has fulfilled the conditions which are most congenial to the
terms and conditions of his probation. survival, protection and feelings of security of the
child and most encouraging to the child's
Effects of termination of probation
physical, psychological and emotional
a. Case is deemed terminated. development. It also means the least detrimental
available alternative for safeguarding the growth
b. Restoration of all civil rights lost or and development of the child.
suspended.
Child
c. Fully discharges liability for any fine imposed.
It refers to a person under the age of eighteen
Probation is not coterminous with the period. (18) years.
There must be an ORDER issued by court
discharging the probationer, only from issuance Child at risk
can the case of probationer be deemed
It refers to a child who is vulnerable to and at the
terminated. (Bala v. Martinez, G.R. No. L-67301,
risk of committing criminal offenses because of
1990)
personal, family and social circumstances, such
————- end of topic ————- as, but not limited to, the following:
TOPIC OUTLINE UNDER THE SYLLABUS: a. being abused by any person through sexual,
physical, psychological, mental, economic or
III. SPECIAL PENAL LAWS any other means and the parents or
guardian refuse, are unwilling, or unable to
Note: This topic is included in the List of provide protection for the child;
not expressly included under the syllabus for b. being exploited including sexually or
the said subject. economically;
FF. JUVENILE JUSTICE AND WELFARE ACT c. being abandoned or neglected, and after
(RA 9344, AS AMENDED BY RA 10630) diligent search and inquiry, the parent or
guardian cannot be found;
d. coming from a dysfunctional or broken family
2. Rights of the child in conflict with the law or without a parent or guardian;
(Sec. 5)
3. Minimum age of criminal responsibility e. being out of school;
(Sec. 6)
f. being a streetchild;
4. Prohibited acts (Secs. 60 and 61)
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g. being a member of a gang; educational background without resorting to

formal court proceedings
h. living in a community with a high level of
criminality or drug abuse; or
i. living in situations of armed conflict. Juvenile Justice Welfare Council
Child in conflict with the law A body attached to the DSWD chaired by an
Undersecretary of the DSWD. They shall ensure
A child who is alleged as, accused of, or adjudged the effective implementation of the JJWA.
as, having committed an offense under Philippine
laws. Initial contact with the child
Bahay Pag-asa Apprehension or taking into custody of a child in

conflict with the law by law enforcement officers
It refers to a 24-hour child-caring institution or private citizens
established, funded and managed by local
government units (LGUs) and licensed and/or Intervention
accredited nongovernment organizations (NGOs)
providing short-term residential care for children A series of activities which are designed to
in conflict with the law who are above fifteen (15) address issues that caused the child to commit an
but below eighteen (18) years of age who are offense. It may take the form of an individualized
awaiting court disposition of their cases or treatment program which may include
transfer to other agencies or jurisdiction. counseling, skills training, education, and other
activities that will enhance his/her psychological,
Part of the features of a ‘Bahay Pag-asa’ is an emotional and psycho-social well-being.
intensive juvenile intervention (IJISC) and
support center. This Center will be allocated for Recognizance
children in conflict with the law in accordance with
An undertaking in lieu of a bond assumed by a
Sections 20, 20-A and 20-B (children below the
parent or custodian who shall be responsible for
age of criminal responsibility, children above 12
the appearance in court of the child in conflict with
but below 15 who commit serious crimes, repeat
the law, when required.
offenders) hereof. These children will be required
to undergo a more intensive multi-disciplinary Restorative justice
intervention program.
A principle which requires a process of resolving
Multi-disciplinary team conflicts with the maximum involvement of the
victim, the offender and the community. It seeks
They operate the ‘Bahay Pag-asa’, composed of
to obtain reparation for the victim; reconciliation
a social worker, a psychologist/mental health
of the offender, the offended and the community;
professional, a medical doctor, an
and reassurance to the offender that he/she can
educational/guidance counselor and a Barangay
be reintegrated into society. It also enhances
Council for the Protection of Children (BCPC)
public safety by activating the offender, the victim
member.
and the community in prevention strategies.
Diversion
Status offenses
An alternative, child-appropriate process of
This refers to offenses which discriminate only
determining the responsibility and treatment of a
against a child, while an adult does not suffer any
child in conflict with the law on the basis of his/her
penalty for committing similar acts. These shall
social, cultural, economic, psychological or
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include curfew violations; truancy, parental authority, and to a prompt decision on such
disobedience and the like. action;
f. The right to bail and recognizance, in

appropriate cases;
Youth Rehabilitation Center
g. the right to testify as a witness in his/her own
It refers to a 24-hour residential care facility behalf under the rule on examination of a
managed by the Department of Social Welfare child witness;
and Development (DSWD), LGUs, licensed
and/or accredited NGOs monitored by the h. The right to have his/her privacy respected
DSWD, which provides care, treatment and fully at all stages of the proceedings;
rehabilitation services for children in conflict with
the law. Rehabilitation services are provided i. The right to diversion if he/she is qualified
under the guidance of a trained staff where and voluntarily avails of the same;
residents are cared for under a structured
j. The right to be imposed a judgment in
therapeutic environment with the end view of
proportion to the gravity of the offense where
reintegrating them into their families and
his/her best interest, the rights of the victim
communities as socially functioning individuals.
and the needs of society are all taken into
(Sec. 4)
consideration by the court, under the
II. Rights of the child in conflict with the law principle of restorative justice;
Every child in conflict with the law shall have the k. The right to have restrictions on his/her
following rights, including but not limited to: personal liberty limited to the minimum, and
where discretion is given by law to the judge
a. The right not to be subjected to torture or to determine whether to impose fine or
other cruel, inhuman or degrading treatment imprisonment, the imposition of fine being
or punishment; preferred as the more appropriate penalty;
b. The right not to be imposed a sentence of l. The right to automatic suspension of
capital punishment or life imprisonment, sentence;
without the possibility of release;
m. The right to probation as an alternative to
c. The right not to be deprived, unlawfully or imprisonment, if qualified under the
arbitrarily, of his/her liberty; detention or Probation Law;
imprisonment being a disposition of last
resort, and which shall be for the shortest n. The right to be free from liability for perjury,
appropriate period of time; concealment or misrepresentation; and,
d. The right to be treated with humanity and o. Other rights as provided for under existing
respect, for the inherent dignity of the laws, rules and regulations.
person, and in a manner which takes into
account the needs of a person of his/her III. Minimum age of criminal responsibility
age. Below 15 years old at the time of the
commission of the offense
e. The right to prompt access to legal and other
appropriate assistance, as well as the right Criminal liability – EXEMPT, but subject to
to challenge the legality of the deprivation of Intervention program
his/her liberty before a court or other
competent, independent and impartial Civil liability – LIABLE
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A child is deemed to be fifteen (15) years 3. Prohibition on corporal punishment; and

of age on the day of the fifteenth
anniversary of his/her birthdate. 4. Doubts shall be resolved in favor of the child.
Above 15 but below 18 years old, acting Presumption of minority

WITHOUT discernment at the time of the
The child in conflict with the law shall enjoy the
commission of the offense
presumption of minority. The child shall enjoy all
Criminal liability – EXEMPT, but subject to the rights of a child in conflict with the law until
Intervention program he/she is proven to be eighteen (18) years old or
older. (Sec. 7)
Civil liability – LIABLE
Proof of age
Above 15 but below 18 years old, acting WITH
discernment at the time of the commission of The age of a child may be determined from the
the offense child's birth certificate, baptismal certificate or any
other pertinent documents.
Criminal liability – Diversion
In the absence of these documents, age may be
Civil liability – LIABLE based on information from the child
himself/herself, testimonies of other persons, the
Above 18 years old at the time of the physical appearance of the child and other
commission of the offense relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.
Criminal liability – LIABLE
(Sec. 7)
Civil liability – LIABLE
If child taken into custody is 15 years or below
Rule on automatic suspension of sentence
The authority which will have an initial contact
If the child who is under 18 years of age at the with the child, in consultation with the local social
commission of the offense is found guilty, the welfare and development officer, has the duty to
court shall ascertain any civil liability. Instead of immediately release the child to the custody of
pronouncing conviction, the child shall be placed his/her parents or guardian, or in the absence
under suspended sentence. The suspension thereof, the child’s nearest relative.
shall be applied even if the juvenile is 18 or above
The child shall be subjected to a community-
at the pronouncement of the child’s guilt. (Sec.
based intervention program supervised by the
38)
local social welfare and development officer,
Judgment against children in conflict with the law unless the best interest of the child requires the
shall be guided by the following: referral of the child to a youth care facility or
‘Bahay Pag-asa’. (Sec. 20)
1. It shall be considered in the circumstances
of the best interest of the child, in the Serious crimes committed by children who
demands of restorative justice; are exempt from criminal responsibility
2. Restrictions on personal liberty shall be at A child who is above 12 up to 15 years of age and
the minimum. When the court has the who commits parricide, murder, infanticide,
discretion to impose a fine instead of the kidnapping and serious illegal detention where
penalty of imprisonment, the imposition of the victim is killed or raped, robbery, with
the fine shall be proffered as the more homicide or rape, destructive arson, rape, or
appropriate penalty; carnapping where the driver or occupant is killed
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or raped or offenses under Republic Act No. 9165 him/her to walk around the community
punishable by more than 12 years of wearing signs which embarrass, humiliate,
imprisonment, shall be deemed a neglected and degrade his/her personality and dignity;
child and shall be mandatorily placed in a special and
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile f. Compelling the child to perform involuntary
Intervention and Support Center (IJISC). servitude in any and all forms under any and
all instances. (Secs. 60 and 61)
Repetition of offenses
V. Diversion and intervention
A child who is above twelve (12) years of age up
System of diversion
to fifteen (15) years of age and who commits an
offense for the second time or oftener: Provided, Children in conflict with the law shall undergo
That the child was previously subjected to a diversion programs without undergoing court
community-based intervention program, shall be proceedings:
deemed a neglected child and shall undergo an
intensive intervention program supervised by the a. Where the imposable penalty for the crime
local social welfare and development officer. committee is not more than six (6) years
imprisonment – The law enforcement officer
IV. Prohibited acts or Punong Barangay with the assistance of
The following and any other similar acts shall be the local social welfare and development
considered prejudicial and detrimental to the officer or other members of the LCPC shall
psychological, emotional, social, spiritual, moral conduct mediation, family conferencing and
and physical health and well-being of the child in conciliation and, where appropriate, adopt
conflict with the law and therefore, prohibited: indigenous modes of conflict resolution in
accordance with the best interest of the child
a. In the conduct of the proceedings beginning with a view to accomplishing the objectives
from the initial contact with the child, the of restorative justice and the formulation of a
competent authorities must refrain from diversion program. The child and his/her
branding or labeling children as young family shall be present in these activities.
criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other b. In victimless crimes where the imposable
derogatory names. penalty is not more than six (6) years
imprisonment – The local social welfare and
b. No discriminatory remarks and practices development officer shall meet with the child
shall be allowed particularly with respect to and his/her parents or guardians for the
the child's class or ethnic origin. development of the appropriate diversion
and rehabilitation program, in coordination
c. Employment of threats of whatever kind and with the BCPC.
nature;
c. Where the imposable penalty for the crime
d. Employment of abusive, coercive and committed exceeds six (6) years
punitive measures such as cursing, beating, imprisonment – Diversion measures may be
stripping, and solitary confinement; resorted to only by the court. (Sec. 23)
e. Employment of degrading, inhuman and Where the maximum penalty imposed by law for
cruel forms of punishment such as shaving the offense with which the child in conflict with the
the heads, pouring irritating, corrosive or law is charged is imprisonment of not more than
harmful substances over the body of the twelve (12) years, regardless of the fine or fine
child in conflict with the law, or forcing alone regardless of the amount, and before
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arraignment of the child in conflict with the law, Factors in formulating the diversion program
the court shall determine whether or not diversion
is appropriate. (Sec. 37) In formulating a diversion program, the individual
characteristics and the peculiar circumstances of
If during the conferencing, mediation or the child in conflict with the law shall be used to
conciliation outside the criminal justice system or formulate an individualized treatment.
prior to his entry into said system, the child
voluntarily admits the commission of the act, a The following factors shall be considered in
contract of diversion may be entered into during formulating a diversion program for the child:
such conferencing, mediation or conciliation
a. The child's feelings of remorse for the
proceedings. (Sec. 26)
offense he/she committed;
Stages where diversion program may be
b. The parents’ or legal guardians’ ability to
conducted
guide and supervise the child;
Diversion may be conducted at –
c. The victim's view about the propriety of the
a. Katarungang Pambarangay; measures to be imposed; and,
b. Police investigation; d. The availability of community-based

programs for rehabilitation and reintegration
c. Inquest; of the child. (Sec. 30)
d. Preliminary Investigation; or VI. Other relevant rules
e. All levels and phases of the proceedings Offenses not applicable to children
including the judicial level (Sec. 24)
Persons below eighteen (18) years of age shall
Factors in determining the diversion program be exempt from prosecution for the following
crimes:
In determining whether diversion is appropriate
and desirable, the following factors shall be taken a. Vagrancy and prostitution under Section 202
into consideration: of the Revised Penal Code;
a. The nature and circumstances of the offense b. Mendicancy under Presidential Decree No.
charged; 1563; and
b. The frequency and the severity of the act; c. Sniffing of rugby under Presidential Decree
No. 1619. (Sec. 58)
c. The circumstances of the child (e.g. age,
maturity, intelligence, etc.); Exemption from the application of death
penalty
d. The influence of the family and environment
on the growth of the child; The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise
e. The reparation of injury to the victim; known as the Comprehensive Dangerous Drugs
Act of 2002, and other special laws
f. The weight of the evidence against the child; notwithstanding, no death penalty shall be
imposed upon children in conflict with the law.
g. The safety of the community; and,
Exploitation of children for commission of
h. The best interest of the child (Sec. 29)
crimes
Page 353 of 354

ATENEO CENTRAL
Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime,
shall be imposed the penalty prescribed by law
for the crime committed in its maximum period.
Page 354 of 354

Criminal Law

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PHILIPPINE COPYRIGHT

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

Ad maiorem Dei gloriam.

KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

CARLOS ROSAURO N. MANALO

JUDGE OSCAR B. PIMENTEL

ERIN CANDICE CANCEKO PATRICIA RAMOS

RACHEL LEIGH COLLADO ANGELICA OIDEM AIMIEL MARIAN REYES

JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

EUNICE A. MALAYO MEG V. BUENSALIDO

JUDGE OSCAR B. PIMENTEL

TRISHA FEJJ MAE EGUIA ERIN CANDICE CANCEKO

JANEL NATHALIE CO CHRISTINE ANGELIQUE DESCALLAR DALZEL JOB ERAP

I. PRINCIPLES OF CRIMINAL LAW............................................................................................................... 1

A. GENERAL PRINCIPLES ........................................................................................................................ 1

II. CRIMES UNDER THE REVISED PENAL CODE .......................................................................................... 88

A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS ................................................ 88

III. SPECIAL PENAL LAWS ...................................................................................................................... 242

A. NEW ANTI-CARNAPPING ACT OF 2016 ........................................................................................... 242

III. AGGRAVATING CIRCUMSTANCES RESULTING TO DENIAL OF BAIL .................................................. 243

J. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) ................................................... 269

Q. ANTI-TORTURE ACT OF 2009 (RA 9745) ......................................................................................... 297

III. ATTEMPTED TRAFFICKING ................................................................................................................ 319

VII. TERMINATION OF PROBATION ......................................................................................................... 348

Theories in Criminal Law

country are NOT in the courts of such Example of crimes included:

Rationale for exceptions (b) and (c): To Exception to the Exception

A crime committed within the grounds of a Effects of Repeal/Amendment of Penal Laws

c. If the new law totally repeals the existing law B. FELONIES

Whenever a penal law is to be construed or 2. The act or omission must be Punishable by

a. Classification of Felonies Mistake of Fact

Classification of Felonies According to Gravity LESS GRAVE FELONIES

5. Abortion; offense of attempt irrespective of legal impossibility.

Art. 5. Duty of the court in connection with Development of a Crime

Elements: FRUSTRATED FELONY

However, when two acts are deemed distinct from PENALTY

EXAMPLES: 21 stab wounds would be overkill for these

Crimes involved cannot be legally In the absence of direct evidence, a resort to

Material Plurality v. Continued Crime

Ordinary Complex Crime v. Special Complex/ Composite Crime

Complex Crimes under Art. 48 v. Special Complex Crimes

———— end of topic ————

II. CIRCUMSTANCES AFFECTING 1. SELF-DEFENSE (PAR. 1)

2. Reasonable necessity of the means Retaliation v. Self-defense

5. FULFILLMENT OF DUTY OR LAWFUL 3. Means used by subordinate to carry out said

Technically, one who acts by virtue of any

Justifying Circumstances v. Exempting least discernment or with total deprivation of free

accused be restored to i. Committing a crime while in a dream (People

When claim of accident not appreciated: Requisites:

4. IRRESISTIBLE FORCE (PAR. 5) Basis: Complete absence of freedom, an

Passion and obfuscation cannot amount to

Irresistible Force v. Uncontrollable Fear Ordinary v. Privileged Mitigating

c. Mitigating Circumstances Circumstances of Justification or Exemption

presence and absence of intelligence. (Decs. of LEGAL EFFECTS OF VARIOUS AGES OF

e. The provocation should be proportionate to 2. The impulse must be so powerful that it

• Treachery Note: If a person kills another after the latter

2. Specific: Apply only to particular crimes Differentiating Different Kinds of Aggravating

Bases of Aggravating Circumstances Greater perversity of the

itself a crime of arson (Art. 321) or a crime Notes: